[Congressional Record Volume 169, Number 95 (Thursday, June 1, 2023)]
[Senate]
[Pages S1904-S1959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 98. Mr. LEE (for himself and Mr. Kennedy) proposed an amendment to 
the bill H.R. 3746, to provide for a responsible increase to the debt 
ceiling; as follows:

       Strike section 265 of title III of division B.
                                 ______
                                 
  SA 99. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike title III of division B and insert the following:

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

     SEC. 261. SHORT TITLE.

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

     SEC. 262. 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 Constitution of the United States 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, this title 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. 263. 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

[[Page S1905]]

       ``(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 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--

[[Page S1906]]

       ``(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 any agency as that 
     term is defined in section 551(1).
       ``(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
       ``(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. 264. 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 
     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. 265. 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 100. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike division D and insert the following:

                 DIVISION D--INCREASE IN THE DEBT LIMIT

     SEC. 401. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.

       (a) Suspension.--Section 3101(b) of title 31, United States 
     Code, shall not apply during the period beginning on the date 
     of the enactment of this Act and ending on the applicable 
     date.
       (b) Dollar Limitation on Suspension.--Subsection (a) shall 
     not apply to the extent that the application of such 
     subsection would result in the face amount of obligations 
     subject to limitation under section 3101(b) of title 31, 
     United States Code, exceeding the sum of--
       (1) the dollar limitation in effect under such section on 
     the date of enactment of this Act; and
       (2) $1,500,000,000,000.
       (c) Applicable Date.--For purposes of this section, the 
     term ``applicable date'' means the earlier of--
       (1) March 31, 2024; or
       (2) the first date on which subsection (a) does not apply 
     by reason of subsection (b).
       (d) Special Rule Relating to Obligations Issued During 
     Suspension Period.--Effective on the day after the applicable 
     date, the limitation in effect under section 3101(b) of title 
     31, United States Code, is increased to the extent that--
       (1) the face amount of obligations issued under chapter 31 
     of such title and the face amount of obligations whose 
     principal and interest are guaranteed by the United States 
     Government (except guaranteed obligations held by the 
     Secretary of the Treasury) outstanding on the day after the 
     applicable date; exceeds
       (2) the face amount of such obligations outstanding on the 
     date of enactment of this Act.
       (e) Extension Limited to Necessary Obligations.--An 
     obligation shall not be taken into account under subsection 
     (d)(1) unless the issuance of such obligation was necessary 
     to fund a commitment incurred by the Federal Government that 
     required payment on or before the applicable date.
                                 ______
                                 
  SA 101. Mr. KAINE proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

       Strike section 324.
                                 ______
                                 
  SA 102. Mr. KENNEDY proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

       In division C, after section 311, insert the following:

     SEC. 312. WAIVERS.

       Section 6(o)(4)(A)(i) of the Food and Nutrition Act of 2008 
     (7 U.S.C. 2015(o)(4)(A)(i)) is amended by inserting ``, as 
     determined by the most up-to-date employment data'' before 
     ``; or''.
                                 ______
                                 
  SA 103. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike section 303 of division C and insert the following:

     SEC. 303. ELIMINATION OF SMALL CHECKS SCHEME.

       Section 407(b) of the Social Security Act (42 U.S.C. 
     607(b)) is amended by adding at the end the following:
       ``(6) Special rule regarding calculation of the minimum 
     participation rate.--The Secretary shall determine 
     participation rates under this section without regard to any 
     individual engaged in work in a family that receives no 
     assistance under this part and less than $75 in assistance 
     funded with qualified State expenditures (as defined in 
     section 409(a)(7)(B)(i)).''.

[[Page S1907]]

  

                                 ______
                                 
  SA 104. Mr. KENNEDY proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

       In division C, in section 311, strike subsection (b) and 
     insert the following:
       (b) Application.--A State agency shall apply section 
     6(o)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2015(6)(o)(3)), as amended by subsection (a), to any 
     application for initial certification or recertification 
     received starting 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 105. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike section 267, and insert the following:

     SEC. 267. JUDICIAL REVIEW.

       (a) In General.--Subject to subsection (b), no 
     determination, finding, action, or omission under this title 
     shall be subject to judicial review.
       (b) Exception.--Any waiver determination under section 
     265(a) shall be subject to judicial review.
                                 ______
                                 
  SA 106. Mr. COTTON (for himself and Mr. Sullivan) proposed an 
amendment to the bill H.R. 3746, to provide for a responsible increase 
to the debt ceiling; as follows:

       Strike section 102 and insert the following:

     SEC. 102. SPECIAL ADJUSTMENTS FOR FISCAL YEARS 2024 AND 2025.

       Section 251 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by adding at the end the 
     following:
       ``(d) Revised Discretionary Spending Limits for Fiscal Year 
     2024.--
       ``(1) In general.--Subject to paragraph (3), if on or after 
     January 1, 2024, there is in effect an Act making continuing 
     appropriations for part of fiscal year 2024 for any 
     discretionary budget account, the discretionary spending 
     limits specified in subsection (c)(9) for fiscal year 2024 
     shall be adjusted in the final sequestration report, in 
     accordance with paragraph (2), as follows:
       ``(A) For the revised security category, the amount 
     specified in subsection (c)(9)(A), reduced by one percent.
       ``(B) For the revised nonsecurity category, the amount 
     specified in subsection (c)(9)(B), reduced by one percent.
       ``(2) Final report; sequestration order.--If the conditions 
     specified in paragraph (1) are met during fiscal year 2024, 
     the final sequestration report for such fiscal year pursuant 
     to section 254(f)(1) and any order pursuant to section 
     254(f)(5) shall be issued on the earlier of--
       ``(A) 10 days, not including weekends and holidays, for the 
     Congressional Budget Office and 15 days, not including 
     weekends and holidays, for the Office of Management and 
     Budget, after the enactment into law of annual full-year 
     appropriations for all budget accounts that normally receive 
     such annual appropriations (or the enactment of the 
     applicable full-year appropriations Acts without any 
     provision for such accounts); or
       ``(B) April 30, 2024.
       ``(3) Reversal.--If, after January 1, 2024, there are 
     enacted into law each of the full year discretionary 
     appropriation Acts, then the adjustment to the applicable 
     discretionary spending limits in paragraph (1) shall have no 
     force or effect, and the discretionary spending limits for 
     the revised security category and revised nonsecurity 
     category for the applicable fiscal year shall be such limits 
     as in effect on December 31 of the applicable fiscal year.
       ``(e) Revised Discretionary Spending Limits for Fiscal Year 
     2025.--
       ``(1) In general.--Subject to paragraph (3), if on or after 
     January 1, 2025, there is in effect an Act making continuing 
     appropriations for part of fiscal year 2025 for any 
     discretionary budget account, the discretionary spending 
     limits specified in subsection (c)(10) for fiscal year 2025 
     shall be adjusted in the final sequestration report, in 
     accordance with paragraph (2), as follows:
       ``(A) for the revised security category, the amount 
     specified in subsection (c)(10)(A), reduced by one percent.
       ``(B) For the revised nonsecurity category, the amount 
     specified in subsection (c)(10)(B), reduced by one percent.
       ``(2) Final report; sequestration order.--If the conditions 
     specified in paragraph (1) are met during fiscal year 2025, 
     the final sequestration report for such fiscal year pursuant 
     to section 254(f)(1) and any order pursuant to section 
     254(f)(5) shall be issued on the earlier of--
       ``(A) 10 days, not including weekends and holidays, for the 
     Congressional Budget Office, and 15 days, not including 
     weekends and holidays, for the Office of Management and 
     Budget, after the enactment into law of annual full-year 
     appropriations for all budget accounts that normally receive 
     such annual appropriations (or the enactment of the 
     applicable full-year appropriations Acts without any 
     provision for such accounts); or
       ``(B) April 30, 2025.
       ``(3) Reversal.--If, after January 1, 2025, there are 
     enacted into law each of the full year discretionary 
     appropriation Acts, then the adjustment to the applicable 
     discretionary spending limits in paragraph (1) shall have no 
     force or effect, and the discretionary spending limits for 
     the revised security category and revised nonsecurity 
     category for the applicable fiscal year shall be such limits 
     as in effect on December 31 of the applicable fiscal year.''.
                                 ______
                                 
  SA 107. Mr. PAUL proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Five Penny Plan of 2023''.

     SEC. 2. STATUTORY ENFORCEMENT OF OUTLAY LIMITS THROUGH 
                   SEQUESTRATION.

       (a) In General.--Part C of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 258D. ENFORCING OUTLAY LIMITS.

       ``(a) Enforcing Outlay Limits.--In this section, the term 
     `outlay limit' means an amount equal to--
       ``(1) for fiscal year 2024, $4,839,204,000,000 in outlays;
       ``(2) for fiscal year 2025, $4,597,244,000,000 in outlays;
       ``(3) for fiscal year 2026, $4,367,382,000,000 in outlays;
       ``(4) for fiscal year 2027, $4,149,013,000,000 in outlays; 
     and
       ``(5) for fiscal year 2028, $3,941,562,000,000 in outlays.
       ``(b) Total Federal Outlays.--In this section, total 
     Federal outlays shall include all on-budget outlays.
       ``(c) Sequestration.--
       ``(1) OMB report.--Not later than 15 days after the end of 
     session for each of fiscal years 2024 through 2028, OMB shall 
     prepare a report specifying whether outlays for the preceding 
     fiscal year exceeded the outlay limit for that fiscal year.
       ``(2) Sequestration.--If a report under paragraph (1) shows 
     that outlays for a fiscal year exceeded the outlay limits for 
     that fiscal year, the President shall issue a sequestration 
     order reducing direct spending and discretionary 
     appropriations for the fiscal year after the fiscal year for 
     which outlays exceeded the limit by the uniform percentage 
     necessary to reduce outlays during that fiscal year by the 
     amount of the excess outlays.
       ``(3) Procedures.--In implementing the sequestration under 
     paragraph (2), OMB shall follow the procedures specified in 
     section 6 of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 935) and the special rules specified in section 256 of 
     this Act.
       ``(d) Consideration in House and Senate.--
       ``It shall not be in order in the House of Representatives 
     or the Senate to consider any bill, joint resolution, 
     amendment, or conference report that would cause the most 
     recently reported current outlay limits set forth in 
     subsection (a) to be exceeded.''.
       (b) Table of Contents.--The table of contents in section 
     250(a) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900(a)) is amended by adding at the end 
     the following:

``Sec. 258D. Enforcing outlay limits.''.

     SEC. 3. LIMIT ON TOTAL SPENDING.

       Section 250(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900(c)) is amended--
       (1) by striking paragraph (4); and
       (2) by redesignating paragraphs (5) through (21) as 
     paragraphs (4) through (20), respectively.

     SEC. 4. PUBLIC DEBT LIMIT.

       Section 3101(b) of title 31, United States Code, is amended 
     by striking ``$14,294,000,000,000'' and inserting 
     ``$14,794,000,000,000''.
                                 ______
                                 
  SA 108. Ms. LUMMIS submitted an amendment intended to be proposed by 
her to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike division D and insert the following:

                   DIVISION D--INCREASE IN DEBT LIMIT

     SEC. 401. LIMITED SUSPENSION OF DEBT CEILING.

       (a) Suspension.--Section 3101(b) of title 31, United States 
     Code, shall not apply during the period beginning on the date 
     of enactment of this Act and ending on the applicable date.
       (b) Dollar Limitation on Suspension.--Subsection (a) shall 
     not apply to the extent that the application of such 
     subsection would result in the face amount of obligations 
     subject to limitation under section 3101(b) of title 31, 
     United States Code, to exceed the sum of--
       (1) the dollar limitation in effect under such section on 
     the date of the enactment of this Act; increased by
       (2) $1,000,000,000,000.
       (c) Applicable Date.--For purposes of this section, the 
     term ``applicable date'' means the earlier of--
       (1) November 1, 2023; or
       (2) the first date on which subsection (a) does not apply 
     by reason of subsection (b).
       (d) Special Rule Relating to Obligations Issued During 
     Suspension Period.--Effective as of the close of the 
     applicable date, the dollar limitation in section 3101(b) of 
     title 31, United States Code, is increased to the extent 
     that--

[[Page S1908]]

       (1) the face amount of obligations subject to limitation 
     under such section outstanding as of the close of the 
     applicable date; exceeds
       (2) the face amount of such obligations outstanding on the 
     date of enactment of this Act.
       (e) Restoring Congressional Authority Over the National 
     Debt.--
       (1) Extension limited to necessary obligations.--An 
     obligation shall not be taken into account under subsection 
     (d)(1) unless the issuance of such obligation was necessary 
     to fund a commitment incurred pursuant to law by the Federal 
     Government that required payment on or before the applicable 
     date.
       (2) Prohibition on creation of cash reserve during 
     extension period.--The Secretary of the Treasury shall not 
     issue obligations during the period specified in subsection 
     (a) for the purpose of increasing the cash balance above 
     normal operating balances in anticipation of the expiration 
     of such period.
                                 ______
                                 
  SA 109. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the end of title I of division A, add the following:

     SEC. 104. ENFORCING ADDITIONAL SPENDING LIMITS.

       (a) In General.--Section 251(c) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), as 
     amended by section 101 of this division, is amended--
       (1) in paragraph (9)(B), by striking ``and'' at the end; 
     and
       (2) by inserting after paragraph (10) the following:
       ``(11) for fiscal year 2026 $1,621,959,000,000 for the 
     discretionary category;
       ``(12) for fiscal year 2027, $1,638,179,000,000 for the 
     discretionary category;
       ``(13) for fiscal year 2028, $1,654,560,000,000 for the 
     discretionary category; and
       ``(14) for fiscal year 2029, $1,671,106,000,000 for the 
     discretionary category;''.
       (b) Conforming Amendment Relating to Sequestration 
     Reports.--Section 254 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 904), as amended by 
     section 101 of this division, is amended--
       (1) in subsection (c)(2), by striking ``2025'' and 
     inserting ``2029''; and
       (2) in subsection (f)(2)(A), by striking ``2025'' and 
     inserting ``2029''.
                                 ______
                                 
  SA 110. Mr. MARSHALL proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

       At the end of the bill, add the following:

   DIVISION E--BORDER SECURITY, IMMIGRATION ENFORCEMENT, AND FOREIGN 
                                AFFAIRS

     SECTION 500. SHORT TITLE.

       This division may be cited as the ``Secure the Border Act 
     of 2023''.

                        TITLE I--BORDER SECURITY

     SEC. 501. DEFINITIONS.

       In this title:
       (1) CBP.--The term ``CBP'' means U.S. Customs and Border 
     Protection.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (3) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (4) 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).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) 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)).
       (7) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given such term in section 44801 of 
     title 49, United States Code.

     SEC. 502. BORDER WALL CONSTRUCTION.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives;
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Tactical infrastructure.--The term ``tactical 
     infrastructure'' includes boat ramps, access gates, 
     checkpoints, lighting, and roads associated with a border 
     wall.
       (3) Technology.--The term ``technology'' includes border 
     surveillance and detection technology, including linear 
     ground detection systems, associated with a border wall.
       (b) In General.--
       (1) Immediate resumption of border wall construction.--Not 
     later than 7 days after the date of the enactment of this 
     Act, the Secretary shall resume all activities related to the 
     construction of the border wall along the border between the 
     United States and Mexico that were underway or being planned 
     for before January 20, 2021.
       (2) Use of funds.--To carry out this section, the Secretary 
     shall expend all unexpired funds appropriated or explicitly 
     obligated for the construction of the border wall that were 
     appropriated or obligated, as the case may be, for use 
     beginning on October 1, 2019.
       (3) Use of materials.--Any unused materials purchased 
     before the date of the enactment of this Act for the 
     construction of the border wall may be used for activities 
     related to the construction of the border wall in accordance 
     with paragraph (1).
       (c) Plan To Complete Tactical Infrastructure and 
     Technology.--Not later than 90 days after the date of the 
     enactment of this Act and annually thereafter until 
     construction of the border wall has been completed, the 
     Secretary shall submit to the appropriate congressional 
     committees--
       (1) an implementation plan, including annual benchmarks for 
     the construction of 200 miles of such wall; and
       (2) associated cost estimates for satisfying all 
     requirements of the construction of the border wall, 
     including installation and deployment of tactical 
     infrastructure, technology, and other elements as identified 
     by the Department before January 20, 2021, through the 
     expenditure of funds appropriated or explicitly obligated, as 
     the case may be, for use, and any future funds appropriated 
     or otherwise made available by Congress.

     SEC. 503. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       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) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (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 southwest border to achieve situational 
     awareness and operational control of the southwest border and 
     deter, impede, and detect unlawful activity.'';
       (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 the heading, by striking ``fencing'' and inserting 
     ``barriers'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) Reinforced barriers.--In carrying out this section, 
     the Secretary of Homeland Security shall construct a border 
     wall, including physical barriers, tactical infrastructure, 
     and technology, along not fewer than 900 miles of the 
     southwest border until situational awareness and operational 
     control of the southwest border is achieved.'';
       (iii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--In 
     carrying out this section, the Secretary of Homeland Security 
     shall deploy along the southwest border the most practical 
     and effective physical barriers, tactical infrastructure, and 
     technology available for achieving situational awareness and 
     operational control of the southwest border.'';
       (iv) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of State, Tribal, and local 
     governments, and appropriate private property owners in the 
     United States to minimize the impact on natural resources, 
     commerce, and sites of historical or cultural significance 
     for the communities and residents located near the sites at 
     which physical barriers, tactical infrastructure, and 
     technology are to be constructed. Such consultation may not 
     delay such construction for longer than 7 days.''; 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 new subclause:

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

       (v) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers, tactical 
     infrastructure, and technology'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security,

[[Page S1909]]

     when designing, testing, constructing, installing, deploying, 
     integrating, and operating physical barriers, tactical 
     infrastructure, or technology, shall incorporate such safety 
     features into such design, test, construction, installation, 
     deployment, integration, or operation of such physical 
     barriers, tactical infrastructure, or technology, as the case 
     may be, that the Secretary determines are necessary to 
     maximize the safety and effectiveness of officers and 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) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall waive all legal 
     requirements necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     operation, and maintenance of the physical barriers, tactical 
     infrastructure, and technology under this section. The 
     Secretary shall ensure the maintenance and effectiveness of 
     such physical barriers, tactical infrastructure, or 
     technology. Any such action by the Secretary shall be 
     effective upon publication in the Federal Register.'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Notification.--Not later than 7 days after the date 
     on which the Secretary of Homeland Security exercises a 
     waiver pursuant to paragraph (1), the Secretary shall notify 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives of such waiver.''; and
       (4) by adding at the end the following:
       ``(e) Technology.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the 
     southwest border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control.
       ``(f) 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) 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).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border wall, and levee 
     walls.
       ``(4) 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)).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' includes 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;
       ``(H) tunnel detection systems and other seismic 
     technology;
       ``(I) fiber-optic cable; and
       ``(J) other border detection, communication, and 
     surveillance technology.
       ``(7) Unmanned aircraft system.--The term `unmanned 
     aircraft system' has the meaning given such term in section 
     44801 of title 49, United States Code.''.

     SEC. 504. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT 
                   PLAN.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Covered officials.--The term ``covered officials'' 
     means--
       (A) the Under Secretary for Management of the Department;
       (B) the Under Secretary for Science and Technology of the 
     Department; and
       (C) the Chief Information Officer of the Department.
       (3) Unlawfully present.--The term ``unlawfully present'' 
     has the meaning provided such term in section 
     212(a)(9)(B)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)(B)(ii)).
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner, in consultation 
     with covered officials and border and port security 
     technology stakeholders, shall submit to the appropriate 
     congressional committees a strategic 5-year technology 
     investment plan (referred to in this section as the 
     ``Plan''). The Plan may include a classified annex, if 
     appropriate.
       (c) Contents of Plan.--The Plan shall include--
       (1) an analysis of security risks at and between ports of 
     entry along the northern and southern borders of the United 
     States;
       (2) the identification of capability gaps with respect to 
     security at and between such ports of entry to be mitigated 
     in order to--
       (A) prevent terrorists and instruments of terror from 
     entering the United States;
       (B) combat and reduce cross-border criminal activity, 
     including--
       (i) the transport of illegal goods, such as illicit drugs; 
     and
       (ii) human smuggling and human trafficking; and
       (C) facilitate the flow of legal trade across the southwest 
     border;
       (3) an analysis of current and forecast trends relating to 
     the number of aliens who--
       (A) unlawfully entered the United States by crossing the 
     northern or southern border of the United States; or
       (B) are unlawfully present in the United States;
       (4) a description of security-related technology 
     acquisitions, listed in order of priority, to address the 
     security risks and capability gaps analyzed and identified 
     pursuant to paragraphs (1) and (2), respectively;
       (5) a description of each planned security-related 
     technology program, including objectives, goals, and 
     timelines for each such program;
       (6) the identification of each deployed security-related 
     technology that is at or near the end of the life cycle of 
     such technology;
       (7) a description of the test, evaluation, modeling, and 
     simulation capabilities, including target methodologies, 
     rationales, and timelines, necessary to support the 
     acquisition of security-related technologies pursuant to 
     paragraph (4);
       (8) the identification and an assessment of ways to 
     increase opportunities for communication and collaboration 
     with the private sector, small and disadvantaged businesses, 
     intragovernment entities, university centers of excellence, 
     and Federal laboratories to ensure CBP is able to engage with 
     the market for security-related technologies that are 
     available to satisfy its mission needs before engaging in an 
     acquisition of a security-related technology;
       (9) an assessment of the management of planned security-
     related technology programs by the acquisition workforce of 
     CBP;
       (10) the identification of ways to leverage already-
     existing acquisition expertise within the Federal Government;
       (11) a description of the security resources, including 
     information security resources, required to protect security-
     related technology from physical or cyber theft, diversion, 
     sabotage, or attack;
       (12) a description of initiatives--
       (A) to streamline the acquisition process of CBP; and
       (B) to provide to the private sector greater predictability 
     and transparency with respect to such process, including 
     information relating to the timeline for testing and 
     evaluation of security-related technology;
       (13) an assessment of the privacy and security impact on 
     border communities of security-related technology;
       (14) in the case of a new acquisition leading to the 
     removal of equipment from a port of entry along the northern 
     or southern border of the United States, a strategy to 
     consult with the private sector and community stakeholders 
     affected by such removal;
       (15) a strategy to consult with the private sector and 
     community stakeholders with respect to security impacts at a 
     port of entry described in paragraph (14); and
       (16) the identification of recent technological 
     advancements in--
       (A) manned aircraft sensor, communication, and common 
     operating picture technology;
       (B) unmanned aerial systems and related technology, 
     including counter-unmanned aerial system technology;
       (C) surveillance technology, including--
       (i) mobile surveillance vehicles;
       (ii) associated electronics, including cameras, sensor 
     technology, and radar;
       (iii) tower-based surveillance technology;
       (iv) advanced unattended surveillance sensors; and
       (v) deployable, lighter-than-air, ground surveillance 
     equipment;
       (D) nonintrusive inspection technology, including non-x-ray 
     devices utilizing muon tomography and other advanced 
     detection technology;
       (E) tunnel detection technology; and
       (F) communications equipment, including--
       (i) radios;
       (ii) long-term evolution broadband; and
       (iii) miniature satellites.
       (d) Leveraging the Private Sector.--To the extent 
     practicable, the Plan shall--
       (1) leverage emerging technological capabilities, and 
     research and development trends, within the public and 
     private sectors;
       (2) incorporate input from the private sector, including 
     from border and port security

[[Page S1910]]

     stakeholders, through requests for information, industry day 
     events, and other innovative means consistent with the 
     Federal Acquisition Regulation (or any successor regulation); 
     and
       (3) identify security-related technologies that are in 
     development or deployed, with or without adaptation, that may 
     satisfy the mission needs of CBP.
       (e) Form.--To the extent practicable, the Plan shall be 
     published in unclassified form on the website of the 
     Department.
       (f) Disclosure.--The Plan shall identify individuals who 
     contributed to the development of the Plan who are not 
     employed by the Federal Government, and their professional 
     affiliations.
       (g) Update and Report.--Not later than 2 years after the 
     date on which the Plan is submitted to the appropriate 
     congressional committees pursuant to subsection (b) and 
     biennially thereafter for the following 10 years, the 
     Commissioner shall submit to the appropriate congressional 
     committees--
       (1) an update of the Plan, if appropriate; and
       (2) a report that includes--
       (A) the extent to which each security-related technology 
     acquired by CBP since the initial submission of the plan or 
     most recent update of the plan, as the case may be, is 
     consistent with the planned technology programs and projects 
     described pursuant to subsection (c)(5); and
       (B) the type of contract and the reason for acquiring each 
     such security-related technology.

     SEC. 505. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

       ``(a) Defined Term.--In this section, the term `major 
     acquisition program' means an acquisition program of the 
     Department that is estimated by the Secretary to require an 
     eventual total expenditure of at least $100,000,000 (based on 
     fiscal year 2023 constant dollars) over its life-cycle cost.
       ``(b) Planning Documentation.--For each border security 
     technology acquisition program of the Department that is 
     determined to be a major acquisition program, the Secretary 
     shall--
       ``(1) ensure that each such program has a written 
     acquisition program baseline approved by the relevant 
     acquisition decision authority;
       ``(2) document that each such program is satisfying cost, 
     schedule, and performance thresholds as specified in such 
     baseline, in compliance with relevant departmental 
     acquisition policies and the Federal Acquisition Regulation; 
     and
       ``(3) have a plan for satisfying program implementation 
     objectives by managing contractor performance.
       ``(c) Adherence to Standards.--The Secretary, acting 
     through the Under Secretary for Management and the 
     Commissioner of U.S. Customs and Border Protection, shall 
     ensure border security technology acquisition program 
     managers who are responsible for carrying out this section 
     adhere to relevant internal control standards identified by 
     the Comptroller General of the United States. The 
     Commissioner shall provide information, as needed, to assist 
     the Under Secretary in monitoring management of border 
     security technology acquisition programs under this section.
       ``(d) Plan.--The Secretary, acting through the Under 
     Secretary for Management, in coordination with the Under 
     Secretary for Science and Technology and the Commissioner of 
     U.S. Customs and Border Protection, shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a plan for testing, evaluating, and 
     using independent verification and validation of resources 
     relating to the proposed acquisition of border security 
     technology. Under such plan, the proposed acquisition of new 
     border security technologies shall be evaluated through a 
     series of assessments, processes, and audits to ensure--
       ``(1) compliance with relevant departmental acquisition 
     policies and the Federal Acquisition Regulation (or any 
     successor regulation); and
       ``(2) the effective use of taxpayer dollars.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 436 the 
     following:

``Sec. 437. Border security technology program management.''.

       (c) Prohibition on Additional Authorization of 
     Appropriations.--No additional funds are authorized to be 
     appropriated to carry out section 437 of the Homeland 
     Security Act of 2002, as added by subsection (a).

     SEC. 506. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY 
                   UPGRADES.

       (a) Secure Communications.--The Commissioner shall ensure 
     that each CBP officer or agent, as appropriate, is equipped 
     with a secure radio or other 2-way communication device that 
     allows each such officer or agent to communicate--
       (1) between ports of entry and inspection stations; and
       (2) with other Federal, State, Tribal, and local law 
     enforcement entities.
       (b) Border Security Deployment Program.--
       (1) Expansion.--Not later than September 30, 2025, the 
     Commissioner shall--
       (A) fully implement the CBP Border Security Deployment 
     Program; and
       (B) expand the integrated surveillance and intrusion 
     detection system at land ports of entry along the northern 
     and southern borders of the United States.
       (2) Authorization of appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $33,000,000 
     for fiscal years 2024 and 2025 to carry out paragraph (1).
       (c) Upgrade of License Plate Readers at Ports of Entry.--
       (1) Upgrade.--Not later than 2 years after the date of the 
     enactment of this Act, the Commissioner shall upgrade all 
     existing license plate readers in need of upgrade, as 
     determined by the Commissioner, along the northern and 
     southern borders of the United States.
       (2) Authorization of appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $125,000,000 
     for fiscal years 2024 and 2025 to carry out paragraph (1).

     SEC. 507. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

       (a) Retention Bonus.--There is authorized to be 
     appropriated up to $100,000,000 to the Commissioner to 
     provide a retention bonus to any front-line U.S. Border 
     Patrol law enforcement agent--
       (1) whose position is equal to or below level GS-12 of the 
     General Schedule;
       (2) who has completed at least 5 years of service with the 
     U.S. Border Patrol; and
       (3) who commits to 2 years of additional service with the 
     U.S. Border Patrol upon acceptance of such bonus.
       (b) Border Patrol Agents.--Not later than September 30, 
     2025, the Commissioner shall hire, train, and assign a 
     sufficient number of Border Patrol agents to maintain an 
     active duty presence of not fewer than 22,000 full-time 
     equivalent Border Patrol agents, who may not perform the 
     duties of processing coordinators.
       (c) Prohibition Against Alien Travel.--Personnel and 
     equipment of Air and Marine Operations may not be used for 
     the transportation of nondetained aliens, or detained aliens 
     expected to be administratively released upon arrival, from 
     the southwest border to destinations within the United 
     States.
       (d) GAO Report.--If the staffing level required under this 
     section is not achieved by the date associated with such 
     level, the Comptroller General of the United States shall--
       (1) conduct a review of the reasons why such level was not 
     so achieved; and
       (2) not later than September 30, 2027, publish a report on 
     a publicly available website of the Government Accountability 
     Office that contains the findings of the review conducted 
     pursuant to paragraph (1).

     SEC. 508. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.

       (a) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221; Public Law 111-376) is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Waiver Requirement.--Subject to subsection (c), the 
     Commissioner of U.S. Customs and Border Protection shall 
     waive the application of subsection (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than 3 years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension; and
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation; or
       ``(3) to a member of the Armed Forces (or a reserve 
     component thereof) or a veteran, if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret/Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;

[[Page S1911]]

       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to in subparagraph (B).
       ``(c) Termination of Waiver Requirement; Snap-Back.--The 
     requirement to issue a waiver under subsection (b) shall 
     terminate if the Commissioner of U.S. Customs and Border 
     Protection certifies to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that U.S. 
     Customs and Border Protection has met all requirements 
     pursuant to section 507 of the Secure the Border Act of 2023 
     relating to personnel levels. If at any time after such 
     certification personnel levels fall below such requirements, 
     the Commissioner shall waive the application of subsection 
     (a)(1) until such time as the Commissioner recertifies to 
     such congressional committees that U.S. Customs and Border 
     Protection has so met all such requirements.''.
       (b) Supplemental Commissioner Authority; Reporting; 
     Definitions.--The Anti-Border Corruption Act of 2010 (Public 
     Law 111-376) is amended by adding at the end the following:

     ``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Nonexemption.--An individual who receives a waiver 
     described in section 3(b) is not exempt from any other hiring 
     requirements relating to suitability for employment and 
     eligibility to hold a national security designated position, 
     as determined by the Commissioner of U.S. Customs and Border 
     Protection.
       ``(b) Background Investigations.--An individual who 
     receives a waiver described in section 3(b) who holds a 
     current Tier 4 background investigation shall be subject to a 
     Tier 5 background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver described in section 3(b) if information is discovered 
     before the completion of a background investigation that 
     results in a determination that a polygraph examination is 
     necessary to make a final determination regarding suitability 
     for employment or continued employment.

     ``SEC. 6. REPORTING.

       ``(a) Annual Report.--Not later than 1 year after the date 
     of the enactment of the Secure the Border Act of 2023 and 
     annually thereafter while the waiver authority under section 
     3(b) is in effect, the Commissioner of U.S. Customs and 
     Border Protection shall submit a report to Congress that 
     includes, with respect to each such reporting period--
       ``(1) information relating to the number of waivers granted 
     under such section 3(b);
       ``(2) information relating to the percentage of applicants 
     who were hired after receiving such a waiver;
       ``(3) information relating to the number of instances that 
     a polygraph was administered to an applicant who initially 
     received such a waiver and the results of such polygraph;
       ``(4) an assessment of the current impact of such waiver 
     authority on filling law enforcement positions at U.S. 
     Customs and Border Protection; and
       ``(5) the identification of additional authorities needed 
     by U.S. Customs and Border Protection to better utilize such 
     waiver authority for its intended goals.
       ``(b) Additional Information.--The first report submitted 
     pursuant to subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential applicants or employees for suitability 
     for employment or continued employment; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).

     ``SEC. 7. DEFINITIONS.

       ``In this Act:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' means a `law enforcement officer', 
     as such term is defined in section 8331(20) or 8401(17) of 
     title 5, United States Code.
       ``(2) Serious military or civil offense.--The term `serious 
     military or civil offense' means an offense for which--
       ``(A) a member of the Armed Forces may be discharged or 
     separated from service in the Armed Forces; and
       ``(B) a punitive discharge is, or would be, authorized for 
     the same or a closely related offense under the Manual for 
     Court-Martial, as pursuant to Army Regulation 635-200, 
     chapter 14-12.
       ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5', 
     with respect to background investigations, have the meaning 
     given such terms under the 2012 Federal Investigative 
     Standards.
       ``(4) Veteran.--The term `veteran' has the meaning given 
     such term in section 101(2) of title 38, United States 
     Code.''.
       (c) Polygraph Examiners.--Not later than September 30, 
     2025, the Secretary shall increase to not fewer than 150 the 
     number of trained full-time equivalent polygraph examiners 
     for administering polygraphs under the Anti-Border Corruption 
     Act of 2010, as amended by this section.

     SEC. 509. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. 
                   BORDER PATROL AND AIR AND MARINE OPERATIONS OF 
                   CBP.

       (a) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (2) the Committee on Homeland Security of the House of 
     Representatives.
       (b) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Commissioner, in coordination 
     with the Under Secretary for Management, the Chief Human 
     Capital Officer, and the Chief Financial Officer of the 
     Department, shall implement a workload staffing model for--
       (1) the U.S. Border Patrol; and
       (2) CBP Air and Marine Operations.
       (c) Responsibilities of the Commissioner.--Section 411(c) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(c)), is 
     amended--
       (1) by redesignating paragraphs (18) and (19) as paragraphs 
     (20) and (21), respectively; and
       (2) by inserting after paragraph (17) the following:
       ``(18) implement a staffing model for the U.S. Border 
     Patrol, Air and Marine Operations, and the Office of Field 
     Operations that includes consideration for essential 
     frontline operator activities and functions, variations in 
     operating environments, present and planned infrastructure, 
     present and planned technology, and required operations 
     support levels to enable such entities to manage and assign 
     personnel of such entities to ensure field and support posts 
     possess adequate resources to carry out duties specified in 
     this section;
       ``(19) develop standard operating procedures for a 
     workforce tracking system within the U.S. Border Patrol, Air 
     and Marine Operations, and the Office of Field Operations, 
     train the workforce of each of such entities on the use, 
     capabilities, and purpose of such system, and implement 
     internal controls to ensure timely and accurate scheduling 
     and reporting of actual completed work hours and 
     activities;''.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act with respect to subsection (b) and 
     paragraphs (18) and (19) of section 411(c) of the Homeland 
     Security Act of 2002, as amended by subsection (c), and 
     annually thereafter with respect to such paragraphs (18) and 
     (19), the Secretary shall submit a report to the appropriate 
     congressional committees a report that includes a status 
     update regarding--
       (A) the implementation of subsection (b) and such 
     paragraphs (18) and (19); and
       (B) each relevant workload staffing model.
       (2) Data sources and methodology required.--Each report 
     required under paragraph (1) shall include information 
     relating to the data sources and methodology used to generate 
     each relevant staffing model.
       (e) Inspector General Review.--Not later than 90 days after 
     the Commissioner develops the workload staffing models 
     pursuant to subsection (b), the Inspector General of the 
     Department shall review such models and provide feedback to 
     the Secretary and the appropriate congressional committees 
     with respect to the degree to which such models are 
     responsive to the recommendations of the Inspector General, 
     including--
       (1) recommendations from the Inspector General's February 
     2019 audit; and
       (2) any further recommendations to improve such models.

     SEC. 510. OPERATION STONEGARDEN.

       (a) In General.--Subtitle A of title XX of the Homeland 
     Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2010. OPERATION STONEGARDEN.

       ``(a) Establishment.--There is established in the 
     Department a program, to be known as `Operation Stonegarden', 
     under which the Secretary, acting through the Administrator, 
     shall work through State administrative agencies to award 
     grants to eligible law enforcement agencies, which shall be 
     expended to enhance border security in accordance with this 
     section.
       ``(b) Eligible Recipients.--A law enforcement agency is 
     eligible to receive a grant under this section if the 
     agency--
       ``(1) is located in--
       ``(A) a State bordering Canada or Mexico; or
       ``(B) a State or territory with a maritime border;
       ``(2) is involved in an active, ongoing, U.S. Customs and 
     Border Protection operation coordinated through a U.S. Border 
     Patrol sector office; and
       ``(3) has an agreement with U.S. Immigration and Customs 
     Enforcement to support enforcement operations.
       ``(c) Permitted Uses.--A recipient of a grant under this 
     section may expend grant funds for costs associated with--
       ``(1) equipment, including maintenance and sustainment;
       ``(2) personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities; and
       ``(3) any activity permitted for Operation Stonegarden 
     under the most recent fiscal year Department of Homeland 
     Security's Homeland Security Grant Program Notice of Funding 
     Opportunity.

[[Page S1912]]

       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section to grant recipients for a period 
     that is not shorter than 3 years.
       ``(e) Notification.--Immediately after denying a grant to a 
     law enforcement agency, the Administrator shall provide 
     written notice to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     describes the reasons for such denial.
       ``(f) Report.--For each of the fiscal years 2024 through 
     2028 the Administrator shall submit a report to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Homeland Security of the House of 
     Representatives that contains--
       ``(1) information regarding the expenditures of grant 
     funding under this section by each grant recipient; and
       ``(2) recommendations for other uses of such grant funding 
     to further support eligible law enforcement agencies.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated $110,000,000 for each of the fiscal years 
     2024 through 2028 for grants under this section.''.
       (b) Conforming Amendment.--Section 2002(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as 
     follows:
       ``(a) Grants Authorized.--The Secretary, through the 
     Administrator, may award grants under sections 2003, 2004, 
     2009, and 2010 to State, local, and Tribal governments, as 
     appropriate.''.
       (c) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 2009 the 
     following:

``Sec. 2010. Operation Stonegarden.''.

     SEC. 511. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) Definitions.--In this section:
       (1) Got away.--The term ``got away'' has the meaning given 
     such term in section 1092(a)(3) of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6 
     U.S.C. 223(a)(3)).
       (2) Transit zone.--The term ``transit zone'' has the 
     meaning given such term in section 1092(a)(8) of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 6 U.S.C. 223(a)(8)).
       (b) Air and Marine Operations Flight Hours.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary shall ensure that not fewer than 110,000 annual 
     flight hours are carried out by CBP Air and Marine 
     Operations.
       (c) Unmanned Aircraft Systems.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that Air and Marine Operations 
     continuously operate unmanned aircraft systems along the 
     southern border of the United States.
       (d) Primary Missions.--The Commissioner shall ensure that--
       (1) the primary missions for Air and Marine Operations are 
     to directly support--
       (A) U.S. Border Patrol activities along the borders of the 
     United States; and
       (B) Joint Interagency Task Force South and Joint 
     Interagency Task Force East operations in the transit zone; 
     and
       (2) the Executive Assistant Commissioner, Air and Marine 
     Operations assigns the greatest priority to support missions 
     specified in paragraph (1).
       (e) High Demand Flight Hour Requirements.--The Commissioner 
     shall--
       (1) ensure that U.S. Border Patrol Sector Chiefs identify 
     air support mission-critical hours; and
       (2) direct Air and Marine Operations to support requests 
     from such Sector Chiefs as a component of the primary mission 
     of Air and Marine Operations in accordance with subsection 
     (d)(1)(A).
       (f) Contract Air Support Authorizations.--The Commissioner 
     shall contract for air support mission-critical hours to meet 
     the requests for such hours, as identified pursuant to 
     subsection (e).
       (g) Small Unmanned Aircraft Systems.--
       (1) In general.--The Chief, U.S. Border Patrol shall be the 
     executive agent with respect to the use of small unmanned 
     aircraft by CBP for the purposes of--
       (A) meeting the unmet flight hour operational requirements 
     of U.S. Border Patrol; and
       (B) achieving situational awareness and operational control 
     of the borders of the United States.
       (2) Coordination.--In carrying out paragraph (1), the 
     Chief, U.S. Border Patrol shall coordinate--
       (A) flight operations with the Administrator of the Federal 
     Aviation Administration to ensure the safe and efficient 
     operation of the national airspace system; and
       (B) with the Executive Assistant Commissioner for CBP Air 
     and Marine Operations--
       (i) to ensure the safety of other CBP aircraft flying in 
     the vicinity of small unmanned aircraft operated by U.S. 
     Border Patrol; and
       (ii) to establish a process to include data from flight 
     hours in the calculation of got away statistics.
       (3) Conforming amendment.--Section 411(e)(3) of the 
     Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)) is 
     amended--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) carry out the small unmanned aircraft (as such term 
     is defined in section 44801 of title 49, United States Code) 
     requirements pursuant to section 511(g) of the Secure the 
     Border Act of 2023; and''.
       (h) Rule of Construction.--Nothing in this section may be 
     construed as conferring, transferring, or delegating to the 
     Secretary, the Commissioner, the Executive Assistant 
     Commissioner for Air and Marine Operations, or the Chief, 
     U.S. Border Patrol any authority of the Secretary of 
     Transportation or the Administrator of the Federal Aviation 
     Administration relating to the use of airspace or aviation 
     safety.

     SEC. 512. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the heads of relevant Federal, State, and local 
     agencies, shall hire contractors to begin eradicating the 
     carrizo cane plant and any salt cedar along the Rio Grande 
     River that impedes border security operations. Such 
     eradication shall be completed--
       (1) by not later than September 30, 2027, except for 
     required maintenance; and
       (2) in the most expeditious and cost-effective manner 
     possible to maintain clear fields of view.
       (b) Application.--The waiver authority under section 102(c) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended 
     by section 503, shall apply to activities carried out 
     pursuant to subsection (a).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a strategic plan to eradicate all 
     carrizo cane plant and salt cedar along the Rio Grande River 
     that impedes border security operations by not later than 
     September 30, 2027.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $7,000,000 to the Secretary for each of 
     the fiscal years 2024 through 2028 to carry out this section.

     SEC. 513. BORDER PATROL STRATEGIC PLAN.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act and biennially thereafter, the 
     Commissioner, acting through the Chief, U.S. Border Patrol, 
     shall issue a Border Patrol Strategic Plan (referred to in 
     this section as the ``Plan'') to enhance the security of the 
     borders of the United States.
       (b) Elements.--The Plan shall include--
       (1) the consideration of Border Patrol Capability Gap 
     Analysis reporting, Border Security Improvement Plans, and 
     any other strategic document authored by U.S. Border Patrol 
     to address security gaps between ports of entry, including 
     efforts to mitigate threats identified in such analyses, 
     plans, and documents;
       (2) information relating to the dissemination of 
     information relating to border security or border threats 
     with respect to the efforts of the Department and other 
     appropriate Federal agencies;
       (3) information relating to efforts by U.S. Border Patrol--
       (A) to increase situational awareness, including--
       (i) surveillance capabilities, such as capabilities 
     developed or utilized by the Department of Defense, and any 
     appropriate technology determined to be excess by the 
     Department of Defense; and
       (ii) the use of manned aircraft and unmanned aircraft;
       (B) to detect and prevent terrorists and instruments of 
     terrorism from entering the United States;
       (C) to detect, interdict, and disrupt between ports of 
     entry aliens unlawfully present in the United States;
       (D) to detect, interdict, and disrupt human smuggling, 
     human trafficking, drug trafficking, and other illicit cross-
     border activity;
       (E) to focus intelligence collection to disrupt 
     transnational criminal organizations outside of the 
     international and maritime borders of the United States; and
       (F) to ensure that any new border security technology can 
     be operationally integrated with existing technologies in use 
     by the Department;
       (4) information relating to initiatives of the Department 
     with respect to operational coordination, including any 
     relevant task forces of the Department;
       (5) information gathered from the lessons learned by the 
     deployments of the National Guard to the southern border of 
     the United States;
       (6) a description of cooperative agreements relating to 
     information sharing with State, local, Tribal, territorial, 
     and other Federal law enforcement agencies that have 
     jurisdiction on the borders of the United States;
       (7) information relating to border security information 
     received from--
       (A) State, local, Tribal, territorial, and other Federal 
     law enforcement agencies that have jurisdiction on the 
     borders of the United States or in the maritime environment;
       (B) border community stakeholders, including 
     representatives from--
       (i) border agricultural and ranching organizations;

[[Page S1913]]

       (ii) business and civic organizations;
       (iii) hospitals and rural clinics within 150 miles of a 
     United States border;
       (iv) victims of crime committed by aliens unlawfully 
     present in the United States;
       (v) victims impacted by drugs, transnational criminal 
     organizations, cartels, gangs, or other criminal activity;
       (vi) farmers, ranchers, and property owners along the 
     border; and
       (vii) other individuals negatively impacted by illegal 
     immigration;
       (8) information relating to the staffing requirements with 
     respect to border security for the Department;
       (9) a prioritized list of Department research and 
     development objectives to enhance the security of the borders 
     of the United States; and
       (10) an assessment of training programs, including programs 
     relating to--
       (A) identifying and detecting fraudulent documents;
       (B) understanding the scope of CBP enforcement authorities 
     and appropriate use of force policies; and
       (C) screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking.

     SEC. 514. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL 
                   READINESS.

       Not later than 1 year after the date of the enactment of 
     this Act and annually thereafter for the following 5 years, 
     the Commissioner shall submit a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives regarding--
       (1) the availability and usage of the assistance of 
     chaplains, prayer groups, houses of worship, and other 
     spiritual resources for members of CBP who identify as 
     religiously affiliated and have attempted suicide, have 
     suicidal ideation, or are at risk of suicide; and
       (2) metrics on the impact such resources have in assisting 
     religiously affiliated members who have access to and utilize 
     such resources compared to religiously affiliated members who 
     do not have such access.

     SEC. 515. RESTRICTIONS ON FUNDING.

       (a) Arriving Aliens.--No funds are authorized to be 
     appropriated to the Department to process the entry into the 
     United States of aliens arriving in between ports of entry.
       (b) Restriction on Nongovernmental Organization Support for 
     Unlawful Activity.--No funds are authorized to be 
     appropriated to the Department for disbursement to any 
     nongovernmental organization that facilitates or encourages 
     unlawful activity, including unlawful entry, human 
     trafficking, human smuggling, drug trafficking, and drug 
     smuggling.
       (c) Restriction on Nongovernmental Organization 
     Facilitation of Illegal Immigration.--No funds are authorized 
     to be appropriated to the Department for disbursement to any 
     nongovernmental organization to provide, or facilitate the 
     provision of, transportation, lodging, or immigration legal 
     services to inadmissible aliens who enter the United States 
     after the date of the enactment of this Act.

     SEC. 516. COLLECTION OF DNA AND BIOMETRIC INFORMATION AT THE 
                   BORDER.

       Not later than 14 days after the date of the enactment of 
     this Act, the Secretary shall ensure and certify to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that CBP is fully compliant with 
     Federal DNA and biometric collection requirements at United 
     States land borders.

     SEC. 517. ERADICATION OF NARCOTIC DRUGS AND FORMULATING 
                   EFFECTIVE NEW TOOLS TO ADDRESS YEARLY LOSSES OF 
                   LIFE; ENSURING TIMELY UPDATES TO U.S. CUSTOMS 
                   AND BORDER PROTECTION FIELD MANUALS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and not less frequently than 
     triennially thereafter, the Commissioner of U.S. Customs and 
     Border Protection shall review and update, as necessary, the 
     current policies and manuals of the Office of Field 
     Operations related to inspections at ports of entry, and of 
     U.S. Border Patrol related to inspections between ports of 
     entry, to ensure the uniform implementation of inspection 
     practices that will effectively respond to technological and 
     methodological changes designed to disguise unlawful 
     activity, such as the smuggling of drugs and humans, along 
     the border.
       (b) Reporting Requirement.--Not later than 90 days after 
     each update required under subsection (a), the Commissioner 
     of U.S. Customs and Border Protection shall submit a report 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives that summarizes any policy 
     and manual changes pursuant to subsection (a).

     SEC. 518. PUBLICATION OF OPERATIONAL STATISTICS BY U.S. 
                   CUSTOMS AND BORDER PROTECTION.

       (a) Definitions.--In this section:
       (1) Alien encounters.--The term ``alien encounters'' means 
     aliens apprehended, determined inadmissible, or processed for 
     removal by U.S. Customs and Border Protection.
       (2) Got away.--The term ``got away'' has the meaning given 
     such term in section 1092(a) of the National Defense 
     Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)).
       (3) Terrorist screening database.--The term ``terrorist 
     screening database'' has the meaning given such term in 
     section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
     621).
       (4) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' has the meaning given such term in section 
     462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)).
       (b) In General.--Not later than the seventh day of each 
     month beginning with the second full month after the date of 
     the enactment of this Act, the Commissioner of U.S. Customs 
     and Border Protection shall publish on a publicly available 
     website of the Department of Homeland Security information 
     for the immediately preceding month relating to--
       (1) the total number of alien encounters and nationalities;
       (2) unique alien encounters and nationalities;
       (3) gang affiliated apprehensions and nationalities;
       (4) drug seizures;
       (5) alien encounters included in the terrorist screening 
     database and nationalities;
       (6) arrests of criminal aliens or individuals wanted by law 
     enforcement and nationalities;
       (7) known got aways;
       (8) encounters with deceased aliens; and
       (9) all other related or associated statistics recorded by 
     U.S. Customs and Border Protection.
       (c) Contents.--Each monthly publication required under 
     subsection (b) shall include--
       (1) the aggregate such number, and such number 
     disaggregated by geographic regions, of such recordings and 
     encounters, including specifications relating to whether such 
     recordings and encounters were at the southwest, northern, or 
     maritime border;
       (2) the identification of the Office of Field Operations 
     field office, U.S. Border Patrol sector, or Air and Marine 
     Operations branch making each recording or encounter;
       (3) information relating to whether each recording or 
     encounter of an alien was of a single adult, an unaccompanied 
     alien child, or an individual in a family unit;
       (4) information relating to the processing disposition of 
     each alien recording or encounter;
       (5) information relating to the nationality of each alien 
     who is the subject of each recording or encounter;
       (6) the total number of individuals included in the 
     terrorist screening database (as such term is defined in 
     section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 
     621)) who have repeatedly attempted to cross unlawfully into 
     the United States; and
       (7) the total number of individuals included in the 
     terrorist screening database who have been apprehended, 
     including information relating to whether such individuals 
     were released into the United States or removed.
       (d) Exceptions.--If the Commissioner of U.S. Customs and 
     Border Protection does not publish the information required 
     under subsections (a) and (b) in any month by the date 
     specified in subsection (a), the Commissioner shall brief the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives regarding the reason for such 
     nonpublication by not later than the date that is 2 business 
     days after the tenth day of such month.

     SEC. 519. ALIEN CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than 7 days after the date of 
     the enactment of this Act, the Commissioner shall submit a 
     certification to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and the Committee on the 
     Judiciary of the House of Representatives that CBP has real-
     time access to the criminal history databases of all 
     countries of origin and transit for aliens encountered by CBP 
     to perform criminal history background checks for such 
     aliens.
       (b) Standards.--The certification required under subsection 
     (a) shall include a determination whether the criminal 
     history databases of a country are accurate, up to date, 
     digitized, searchable, and otherwise meet the standards of 
     the Federal Bureau of Investigation for criminal history 
     databases maintained by State and local governments.
       (c) Certification.--The Secretary shall annually submit a 
     certification to the congressional committees listed in 
     subsection (a) that each database referred to in subsection 
     (b) that the Secretary accessed or sought to access pursuant 
     to this section met the standards described in subsection 
     (b).

     SEC. 520. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT 
                   SECURITY CHECKPOINTS; NOTIFICATION TO 
                   IMMIGRATION AGENCIES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Transportation Security Administration.
       (2) Biometric information.--The term ``biometric 
     information'' means--
       (A) a fingerprint;
       (B) a palm print;
       (C) a photograph, including--
       (i) a photograph of an individual's face for use with 
     facial recognition technology; and
       (ii) a photograph of any physical or anatomical feature, 
     such as a scar, skin mark, or tattoo;
       (D) a signature;

[[Page S1914]]

       (E) a voice print; and
       (F) an iris image.
       (3) Covered identification document.--The term ``covered 
     identification document'' means a valid and unexpired--
       (A) United States passport or passport card;
       (B) biometrically secure card issued by a trusted traveler 
     program of the Department, including--
       (i) Global Entry;
       (ii) Nexus;
       (iii) Secure Electronic Network for Travelers Rapid 
     Inspection (SENTRI); and
       (iv) Free and Secure Trade (FAST);
       (C) identification card issued by the Department of 
     Defense, including such a card issued to a dependent;
       (D) document required for admission to the United States 
     under section 211(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1181(a));
       (E) enhanced driver's license issued by a State;
       (F) photo identification card issued by a federally 
     recognized Indian Tribe;
       (G) personal identity verification credential issued in 
     accordance with Homeland Security Presidential Directive 12;
       (H) driver's license issued by a province of Canada;
       (I) Secure Certificate of Indian Status issued by the 
     Government of Canada;
       (J) Transportation Worker Identification Credential (TWIC);
       (K) Merchant Mariner Credential (MMC) issued by the Coast 
     Guard;
       (L) Veteran Health Identification Card (VHIC) issued by the 
     Department of Veterans Affairs; and
       (M) document that the Administrator determines, pursuant to 
     a rulemaking in accordance with section 553 of title 5, 
     United States Code, will satisfy the identity verification 
     procedures of the Transportation Security Administration.
       (4) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).
       (5) Prohibited identification document.--The term 
     ``prohibited identification document'' means--
       (A) a U.S. Immigration and Customs Enforcement Form I-200, 
     Warrant for Arrest of Alien;
       (B) a U.S. Immigration and Customs Enforcement Form I-205, 
     Warrant of Removal/Deportation;
       (C) a U.S. Immigration and Customs Enforcement Form I-220A, 
     Order of Release on Recognizance;
       (D) a U.S. Immigration and Customs Enforcement Form I-220B, 
     Order of Supervision;
       (E) a Department of Homeland Security Form I-862, Notice to 
     Appear;
       (F) a U.S. Customs and Border Protection Form I-94, 
     Arrival/Departure Record (including a print-out of an 
     electronic record);
       (G) a Department of Homeland Security Form I-385, Notice to 
     Report;
       (H) any document that directs an individual to report to 
     the Department of Homeland Security;
       (I) any Department of Homeland Security work authorization 
     or employment verification document; and
       (J) any applicable successor form to any form listed in 
     subparagraphs (A) through (I).
       (6) Sterile area.--The term ``sterile area'' has the 
     meaning given such term in section 1540.5 of title 49, Code 
     of Federal Regulations, or in any successor regulation.
       (b) In General.--The Administrator may not accept as valid 
     proof of identification a prohibited identification document 
     at an airport security checkpoint.
       (c) Notification to Immigration Agencies.--If an individual 
     presents a prohibited identification document to a 
     Transportation Security Administration officer at an airport 
     security checkpoint, the Administrator shall promptly notify 
     the Director of U.S. Immigration and Customs Enforcement, the 
     Director of U.S. Customs and Border Protection, and the head 
     of the appropriate local law enforcement agency to determine 
     whether the individual is in violation of any term of release 
     from the custody of any such agency.
       (d) Entry Into Sterile Areas.--
       (1) In general.--Except as provided in paragraph (2), if an 
     individual is found to be in violation of any term of release 
     under subsection (c), the Administrator may not permit such 
     individual to enter a sterile area.
       (2) Exception.--An individual presenting a prohibited 
     identification document under this section may enter a 
     sterile area if the individual--
       (A) is leaving the United States for the purposes of 
     removal or deportation; or
       (B) presents a covered identification document.
       (e) Collection of Biometric Information From Certain 
     Individuals Seeking Entry Into the Sterile Area of an 
     Airport.--
       (1) In general.--Beginning not later than 120 days after 
     the date of the enactment of this Act, the Administrator 
     shall collect biometric information from an individual 
     described in paragraph (2) before authorizing such individual 
     to enter into a sterile area.
       (2) Individual described.--An individual described in this 
     paragraph is an individual who--
       (A) is seeking entry into the sterile area of an airport;
       (B) does not present a covered identification document; and
       (C) the Administrator cannot verify is a national of the 
     United States.
       (f) Participation in IDENT.--Beginning not later than 120 
     days after the date of the enactment of this Act, the 
     Administrator, in coordination with the Secretary, shall 
     submit biometric data collected under this section to the 
     Automated Biometric Identification System (IDENT).

     SEC. 521. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE OR 
                   ADVERSE ACTION AGAINST DEPARTMENT OF HOMELAND 
                   SECURITY EMPLOYEES.

       (a) Limitation on Imposition of New Mandate.--The Secretary 
     may not issue any COVID-19 vaccine mandate unless Congress 
     expressly authorizes such a mandate.
       (b) Prohibition on Adverse Action.--The Secretary may not 
     take any adverse action against a Department employee based 
     solely on the refusal of such employee to receive a vaccine 
     for COVID-19.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives regarding--
       (1) the number of Department employees who were terminated 
     or resigned due to the COVID-19 vaccine mandate;
       (2) an estimate of the cost to reinstate such employees; 
     and
       (3) how the Department would effectuate reinstatement of 
     such employees.
       (d) Retention and Development of Unvaccinated Employees.--
     The Secretary shall make every effort--
       (1) to retain Department employees who are not vaccinated 
     against COVID-19; and
       (2) to provide such employees with professional 
     development, promotion, leadership opportunities, and 
     consideration equal to that of their peers.

     SEC. 522. U.S. CUSTOMS AND BORDER PROTECTION ONE MOBILE 
                   APPLICATION LIMITATION.

       (a) Limitation.--The Department may use the CBP One Mobile 
     Application or any other similar program, application, 
     internet-based portal, website, device, or initiative only 
     for the inspection of perishable cargo.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives regarding--
       (1) the date on which CBP began using CBP One to allow 
     aliens to schedule interviews at land ports of entry;
       (2) how many aliens have scheduled interviews at land ports 
     of entry using CBP One;
       (3) the nationalities of such aliens; and
       (4) the stated final destinations of such aliens within the 
     United States, if applicable.

     SEC. 523. REPORT ON MEXICAN DRUG CARTELS.

       Not later than 60 days after the date of the enactment of 
     this Act, Congress shall commission a report that contains--
       (1) a national strategy to address Mexican drug cartels;
       (2) a determination regarding whether there should be a 
     designation established to address such cartels; and
       (3) information relating to actions by such cartels that 
     causes harm to the United States.

     SEC. 524. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON COSTS 
                   INCURRED BY STATES TO SECURE THE SOUTHWEST 
                   BORDER.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study to examine--
       (1) the costs incurred by individual States as a result of 
     actions taken by such States in support of the Federal 
     mission to secure the southwest border; and
       (2) the feasibility of a program to reimburse such States 
     for such costs.
       (b) Contents.--The study required under subsection (a) 
     shall consider--
       (1) actions taken by the Department that have contributed 
     to costs described in such subsection incurred by States to 
     secure the border in the absence of Federal action, including 
     the termination of the Migrant Protection Protocols and 
     cancellation of border wall construction;
       (2) actions taken by individual States along the southwest 
     border to secure their respective borders, and the costs 
     associated with such actions; and
       (3) the feasibility of a program within the Department to 
     reimburse States for the costs incurred in support of the 
     Federal mission to secure the southwest border.

     SEC. 525. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) Annual Report.--Not later than 1 year after the date of 
     the enactment of this Act and annually thereafter for the 
     following 5 years, the Inspector General of the Department 
     shall submit a report to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     examines the economic and security impact of mass migration 
     to municipalities and States along the southwest border.
       (b) Contents.--Each report required under subsection (a) 
     shall include information regarding costs incurred by--
       (1) State and local law enforcement to secure the southwest 
     border;

[[Page S1915]]

       (2) public school districts to educate students who are 
     aliens unlawfully present in the United States;
       (3) healthcare providers to provide care to aliens 
     unlawfully present in the United States who have not paid for 
     such care; and
       (4) farmers and ranchers due to migration impacts to their 
     properties.
       (c) Consultation.--In compiling the report required under 
     subsection (a), the Inspector General of the Department shall 
     consult with the individuals and representatives of the 
     entities described in paragraphs (1) through (4) of 
     subsection (b).

     SEC. 526. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Intelligence, Analysis, and Situational Awareness.--
     There is authorized to be appropriated $216,000,000 for 
     Intelligence, Analysis, and Situational Awareness of the 
     Department.
       (b) Office of the Secretary and Emergency Management.--No 
     funds are authorized to be appropriated--
       (1) to U.S. Immigration and Customs Enforcement for the 
     Alternatives to Detention Case Management Pilot Program; or
       (2) to the Office of the Secretary of the Department for 
     the Immigration Detention Ombudsman.
       (c) Management Directorate.--No funds are authorized to be 
     appropriated to the Management Directorate of the Department 
     for electric vehicles or the construction of the St. 
     Elizabeths Campus.
       (d) U.S. Customs and Border Protection.--No funds are 
     authorized to be appropriated for the Shelter Services 
     Program for U.S. Customs and Border Protection.

     SEC. 527. REPORT TO CONGRESS ON FOREIGN TERRORIST 
                   ORGANIZATIONS.

       (a) Defined Term.--In this section, the term ``foreign 
     terrorist organization'' means an organization described in 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       (b) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for the 
     following 5 years, the Secretary shall submit a report to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives that assesses attempts by foreign 
     terrorist organizations to move their members or affiliates 
     into the United States through the southern, northern, or 
     maritime border.

     SEC. 528. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT 
                   OF HOMELAND SECURITY REGARDING THE MITIGATION 
                   OF UNMANNED AIRCRAFT SYSTEMS AT THE SOUTHWEST 
                   BORDER.

       Not later than 90 days after the date of the enactment of 
     this Act, the Inspector General of the Department shall 
     submit a report to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives that 
     assesses the ability of U.S. Customs and Border Protection to 
     mitigate unmanned aircraft systems at the southwest border, 
     including information regarding any intervention between 
     January 1, 2021 and the date of the enactment of this Act by 
     any Federal agency affecting U.S. Customs and Border 
     Protection's authority to so mitigate such systems.

             TITLE II--ASYLUM REFORM AND BORDER PROTECTION

     SEC. 531. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``if the Attorney General determines that'' 
     and inserting ``if the Attorney General or the Secretary of 
     Homeland Security determines that--'';
       (2) by striking ``the alien may be removed, pursuant to a 
     bilateral or multilateral agreement,'' and inserting the 
     following:
       ``(i) the alien may be removed'';
       (3) by inserting ``or the Secretary, on a case by case 
     basis,'' before ``finds that'';
       (4) by striking the period at the end and inserting ``; 
     or''; and
       (5) by adding at the end the following:
       ``(ii) the alien entered, attempted to enter, or arrived in 
     the United States after transiting through at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence en route to 
     the United States, unless--

       ``(I) the alien demonstrates that he or she applied for 
     protection from persecution or torture in at least one 
     country outside the alien's country of citizenship, 
     nationality, or last lawful habitual residence through which 
     the alien transited en route to the United States, and the 
     alien received a final judgment denying the alien protection 
     in each country;
       ``(II) the alien demonstrates that he or she was--

       ``(aa) a victim of a severe form of trafficking in which--
       ``(AA) a commercial sex act was induced by force, fraud, or 
     coercion;
       ``(BB) the person induced to perform such act was younger 
     than 18 years of age; or
       ``(CC) the trafficking included the recruitment, harboring, 
     transportation, provision, or obtaining of a person for labor 
     or services through the use of force, fraud, or coercion for 
     the purpose of subjection to involuntary servitude, peonage, 
     debt bondage, or slavery; and
       ``(bb) unable to apply for protection from persecution in 
     each country through which the alien transited en route to 
     the United States as a result of such severe form of 
     trafficking; or

       ``(III) the only countries through which the alien 
     transited en route to the United States were, at the time of 
     the transit, not parties to the 1951 United Nations 
     Convention relating to the Status of Refugees, the 1967 
     Protocol Relating to the Status of Refugees, or the United 
     Nations Convention against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment.''.

     SEC. 532. CREDIBLE FEAR INTERVIEWS.

       Section 235(b)(1)(B)(v) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking 
     ``there is a significant possibility'' and all that follows, 
     and inserting ``, taking into account the credibility of the 
     statements made by the alien in support of the alien's claim, 
     as determined pursuant to section 208(b)(1)(B)(iii), and such 
     other facts as are known to the officer, the alien more 
     likely than not could establish eligibility for asylum under 
     section 208, and it is more likely than not that the 
     statements made by, and on behalf of, the alien in support of 
     the alien's claim are true.''.

     SEC. 533. CLARIFICATION OF ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended--
       (1) in subsection (a), by amending paragraph (1) to read as 
     follows:
       ``(1) In general.--Any alien who is physically present in 
     the United States and has arrived in the United States at a 
     port of entry (including an alien who is brought to the 
     United States after having been interdicted in international 
     or United States waters), irrespective of such alien's 
     status, may apply for asylum in accordance with this section 
     or, where applicable, section 235(b).''; and
       (2) in subsection (b)(1)(A), by inserting ``(in accordance 
     with the rules under this section), and is eligible to apply 
     for asylum under subsection (a)'' after ``section 
     101(a)(42)(A)''.

     SEC. 534. EXCEPTIONS.

       Section 208(b)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(2)) is amended to read as follows:
       ``(2) Exceptions.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Battery or extreme cruelty.--The term `battery or 
     extreme cruelty' includes--

       ``(I) any act or threatened act of violence, including any 
     forceful detention, which results or threatens to result in 
     physical or mental injury;
       ``(II) psychological or sexual abuse or exploitation, 
     including rape, molestation, incest, or forced prostitution, 
     shall be considered acts of violence; and
       ``(III) other abusive acts, including acts that, in and of 
     themselves, may not initially appear violent, but that are a 
     part of an overall pattern of violence.

       ``(ii) Felony.--The term `felony' means--

       ``(I) any crime defined as a felony by the relevant 
     jurisdiction (Federal, State, tribal, or local) of 
     conviction; or
       ``(II) any crime punishable by more than one year of 
     imprisonment.

       ``(iii) Misdemeanor.--The term `misdemeanor' means--

       ``(I) any crime defined as a misdemeanor by the relevant 
     jurisdiction (Federal, State, tribal, or local) of 
     conviction; or
       ``(II) any crime not punishable by more than 1 year of 
     imprisonment.

       ``(B) In general.--Paragraph (1) shall not apply to an 
     alien if the Secretary of Homeland Security or the Attorney 
     General determines that--
       ``(i) the alien ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       ``(ii) the alien has been convicted of any felony under 
     Federal, State, tribal, or local law;
       ``(iii) the alien has been convicted of any misdemeanor 
     offense under Federal, State, tribal, or local law 
     involving--

       ``(I) the unlawful possession or use of an identification 
     document, authentication feature, or false identification 
     document (as those terms and phrases are defined in the 
     jurisdiction where the conviction occurred), unless the alien 
     can establish that the conviction resulted from circumstances 
     showing that--

       ``(aa) the document or feature was presented before 
     boarding a common carrier;
       ``(bb) the document or feature related to the alien's 
     eligibility to enter the United States;
       ``(cc) the alien used the document or feature to depart a 
     country wherein the alien has claimed a fear of persecution; 
     and
       ``(dd) the alien claimed a fear of persecution without 
     delay upon presenting himself or herself to an immigration 
     officer upon arrival at a United States port of entry;

       ``(II) the unlawful receipt of a Federal public benefit (as 
     defined in section 401(c) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1611(c))), from a Federal entity, or the unlawful receipt of 
     similar public benefits from a State, tribal, or local 
     entity; or
       ``(III) possession or trafficking of a controlled substance 
     or controlled substance paraphernalia, as such terms are 
     defined under the law of the jurisdiction where the 
     conviction occurred, other than a single offense involving 
     possession for one's own use of 30 grams or less of marijuana 
     (as marijuana is defined under the law of the jurisdiction 
     where the conviction occurred);

[[Page S1916]]

       ``(iv) the alien has been convicted of an offense arising 
     under section 274(a)(1)(A), 274(a)(2), or 276;
       ``(v) the alien has been convicted of a Federal, State, 
     tribal, or local crime that the Attorney General or Secretary 
     of Homeland Security knows, or has reason to believe, was 
     committed in support, promotion, or furtherance of the 
     activity of a criminal street gang (as defined under the law 
     of the jurisdiction where the conviction occurred or in 
     section 521(a) of title 18, United States Code);
       ``(vi) the alien has been convicted of an offense for 
     driving while intoxicated or impaired, as such terms are 
     defined under the law of the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs), 
     without regard to whether the conviction is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law, in which such intoxicated or impaired driving was a 
     cause of serious bodily injury or death of another person;
       ``(vii) the alien has been convicted of more than 1 offense 
     for driving while intoxicated or impaired, as those terms are 
     defined under the law of the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs), 
     without regard to whether the conviction is classified as a 
     misdemeanor or felony under Federal, State, tribal, or local 
     law;
       ``(viii) the alien has been convicted of a crime--

       ``(I) that involves conduct amounting to a crime of 
     stalking;
       ``(II) of child abuse, child neglect, or child abandonment; 
     or
       ``(III) that involves conduct amounting to a domestic 
     assault or battery offense, including--

       ``(aa) a misdemeanor crime of domestic violence, as 
     described in section 921(a)(33) of title 18, United States 
     Code;
       ``(bb) a crime of domestic violence, as described in 
     section 40002(a)(12) of the Violence Against Women Act of 
     1994 (34 U.S.C. 12291(a)(12)); or
       ``(cc) any crime based on conduct in which the alien 
     harassed, coerced, intimidated, voluntarily or recklessly 
     used (or threatened to use) force or violence against, or 
     inflicted physical injury or physical pain, however slight, 
     upon a person--
       ``(AA) who is a current or former spouse of the alien;
       ``(BB) with whom the alien shares a child;
       ``(CC) who is cohabitating with, or who has cohabitated 
     with, the alien as a spouse;
       ``(DD) who is similarly situated to a spouse of the alien 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurred; or
       ``(EE) who is protected from that alien's acts under the 
     domestic or family violence laws of the United States or of 
     any State, tribal government, or unit of local government;
       ``(ix) the alien has engaged in acts of battery or extreme 
     cruelty upon a person and the person--

       ``(I) is a current or former spouse of the alien;
       ``(II) shares a child with the alien;
       ``(III) cohabitates or has cohabitated with the alien as a 
     spouse;
       ``(IV) is similarly situated to a spouse of the alien under 
     the domestic or family violence laws of the jurisdiction 
     where the offense occurred; or
       ``(V) is protected from that alien's acts under the 
     domestic or family violence laws of the United States or of 
     any State, tribal government, or unit of local government;

       ``(x) the alien, having been convicted by a final judgment 
     of a particularly serious crime, constitutes a danger to the 
     community of the United States;
       ``(xi) there are serious reasons for believing that the 
     alien has committed a serious nonpolitical crime outside of 
     the United States before arriving in the United States;
       ``(xii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(xiii) the alien is described in subclause (I), (II), 
     (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 
     237(a)(4)(B) (relating to terrorist activity), unless, in the 
     case only of an alien inadmissible under subclause (IV) of 
     section 212(a)(3)(B)(i), the Secretary of Homeland Security 
     or the Attorney General determines, in the Secretary's or the 
     Attorney General's discretion, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States;
       ``(xiv) the alien was firmly resettled in another country 
     before arriving in the United States; or
       ``(xv) there are reasonable grounds for concluding the 
     alien could avoid persecution by relocating to another part 
     of the alien's country of nationality or, in the case of an 
     alien having no nationality, another part of the alien's 
     country of last habitual residence.
       ``(C) Special rules.--
       ``(i) Particularly serious crime; serious nonpolitical 
     crime outside the united states.--

       ``(I) In general.--For purposes of subparagraph (B)(x), the 
     Attorney General or Secretary of Homeland Security may 
     determine that a conviction constitutes a particularly 
     serious crime based on--

       ``(aa) the nature of the conviction;
       ``(bb) the type of sentence imposed; or
       ``(cc) the circumstances and underlying facts of the 
     conviction.

       ``(II) Determination.--In making a determination under 
     subclause (I), the Attorney General or Secretary of Homeland 
     Security may consider all reliable information and are not 
     limited to facts found by the criminal court or provided in 
     the underlying record of conviction.
       ``(III) Treatment of felonies.--In making a determination 
     under subclause (I), an alien who has been convicted of a 
     felony or an aggravated felony (as defined in section 
     101(a)(43)), shall be considered to have been convicted of a 
     particularly serious crime.
       ``(IV) Interpol red notice.--In making a determination 
     under subparagraph (B)(xi), an Interpol Red Notice may 
     constitute reliable evidence that the alien has committed a 
     serious nonpolitical crime outside the United States.

       ``(ii) Crimes and exceptions.--

       ``(I) Driving while intoxicated or impaired.--A finding 
     under subparagraph (B)(vi) does not require the Attorney 
     General or Secretary of Homeland Security to find the first 
     conviction for driving while intoxicated or impaired 
     (including a conviction for driving while under the influence 
     of or impaired by alcohol or drugs) as a predicate offense. 
     The Attorney General or Secretary of Homeland Security need 
     only make a factual determination that the alien previously 
     was convicted for driving while intoxicated or impaired as 
     those terms are defined under the jurisdiction where the 
     conviction occurred (including a conviction for driving while 
     under the influence of or impaired by alcohol or drugs).
       ``(II) Stalking and other crimes.--In making a 
     determination under subparagraph (B)(viii), including 
     determining the existence of a domestic relationship between 
     the alien and the victim, the underlying conduct of the crime 
     may be considered, and the Attorney General or Secretary of 
     Homeland Security is not limited to facts found by the 
     criminal court or provided in the underlying record of 
     conviction.
       ``(III) Exception for victims of domestic violence.--An 
     alien who was convicted of an offense described in clause 
     (viii) or (ix) of subparagraph (B) is not ineligible for 
     asylum on that basis if the alien satisfies the criteria 
     under section 237(a)(7)(A).

       ``(D) Specific circumstances.--Paragraph (1) shall not 
     apply to an alien whose claim is based on--
       ``(i) personal animus or retribution, including personal 
     animus in which the alleged persecutor has not targeted, or 
     manifested an animus against, other members of an alleged 
     particular social group in addition to the member who has 
     raised the claim at issue;
       ``(ii) the applicant's generalized disapproval of, 
     disagreement with, or opposition to criminal, terrorist, 
     gang, guerilla, or other non-state organizations absent 
     expressive behavior in furtherance of a discrete cause 
     against such organizations related to control of a State or 
     expressive behavior that is antithetical to the State or a 
     legal unit of the State;
       ``(iii) the applicant's resistance to recruitment or 
     coercion by guerrilla, criminal, gang, terrorist, or other 
     non-state organizations;
       ``(iv) the targeting of the applicant for criminal activity 
     for financial gain based on wealth or affluence or 
     perceptions of wealth or affluence;
       ``(v) the applicant's criminal activity; or
       ``(vi) the applicant's perceived, past or present, gang 
     affiliation.
       ``(E) Clarifications.--
       ``(i) Construction.--For purposes of this paragraph, 
     whether any activity or conviction also may constitute a 
     basis for removal is immaterial to a determination of asylum 
     eligibility.
       ``(ii) Attempt, conspiracy, or solicitation.--For purposes 
     of this paragraph, all references to a criminal offense or 
     criminal conviction shall be deemed to include any attempt, 
     conspiracy, or solicitation to commit the offense or any 
     other inchoate form of the offense.
       ``(iii) Effect of certain orders.--

       ``(I) In general.--No order vacating a conviction, 
     modifying a sentence, clarifying a sentence, or otherwise 
     altering a conviction or sentence shall have any effect under 
     this paragraph unless the Attorney General or Secretary of 
     Homeland Security determines that--

       ``(aa) the court issuing the order had jurisdiction and 
     authority to do so; and
       ``(bb) the order was not entered for rehabilitative 
     purposes or for purposes of ameliorating the immigration 
     consequences of the conviction or sentence.

       ``(II) Ameliorating immigration consequences.--For purposes 
     of subclause (I)(bb), the order shall be presumed to be for 
     the purpose of ameliorating immigration consequences if--

       ``(aa) the order was entered after the initiation of any 
     proceeding to remove the alien from the United States; or
       ``(bb) the alien moved for the order more than 1 year after 
     the later of--
       ``(AA) the date of the original order of conviction; or
       ``(BB) the date of the original order of sentencing.

       ``(III) Authority of immigration judge.--An immigration 
     judge is not limited to consideration only of material 
     included in any order vacating a conviction, modifying a 
     sentence, or clarifying a sentence to determine whether such 
     order should be given any

[[Page S1917]]

     effect under this paragraph, but may consider such additional 
     information as the immigration judge determines appropriate.

       ``(F) Additional limitations.--The Secretary of Homeland 
     Security or the Attorney General may by regulation establish 
     additional limitations and conditions, consistent with this 
     section, under which an alien shall be ineligible for asylum 
     under paragraph (1).
       ``(G) No judicial review.--There shall be no judicial 
     review of a determination of the Secretary of Homeland 
     Security or the Attorney General under subparagraph 
     (B)(xiii).''.

     SEC. 535. EMPLOYMENT AUTHORIZATION.

       Section 208(d)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(2)) is amended to read as follows:
       ``(2) Employment authorization.--
       ``(A) Authorization permitted.--An applicant for asylum is 
     not entitled to employment authorization, but such 
     authorization may be provided under regulation by the 
     Secretary of Homeland Security. An applicant who is not 
     otherwise eligible for employment authorization shall not be 
     granted such authorization before the date that is 180 days 
     after the date on which the alien filed an application for 
     asylum.
       ``(B) Termination.--Each employment authorization granted 
     pursuant to subparagraph (A), and any renewal or extension of 
     such authorization, shall be valid until the earlier of--
       ``(i) the date that is 6 months after such authorization, 
     renewal, or extension;
       ``(ii) the date on which the asylum application is denied 
     by an asylum officer, unless the case is referred to an 
     immigration judge;
       ``(iii) the date that is 30 days after the date on which an 
     immigration judge denies an asylum application, unless the 
     alien timely appeals to the Board of Immigration Appeals; or
       ``(iv) the date on which the Board of Immigration Appeals 
     denies an appeal of a denial of an asylum application.
       ``(C) Renewal.--The Secretary of Homeland Security may not 
     grant, renew, or extend employment authorization to an alien 
     if the alien was previously granted employment authorization 
     under subparagraph (A), and the employment authorization was 
     terminated pursuant to a circumstance described in clause 
     (ii), (iii), or (iv) of subparagraph (B) unless a Federal 
     court of appeals remands the alien's case to the Board of 
     Immigration Appeals.
       ``(D) Ineligibility.--The Secretary of Homeland Security 
     may not grant employment authorization to an alien under this 
     paragraph if the alien--
       ``(i) is ineligible for asylum under subsection (b)(2)(A); 
     or
       ``(ii) entered or attempted to enter the United States at a 
     place and time other than lawfully through a United States 
     port of entry.''.

     SEC. 536. ASYLUM FEES.

       Section 208(d)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(3)) is amended to read as follows:
       ``(3) Fees.--
       ``(A) Application fee.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary of Homeland Security shall impose a fee for each 
     application for asylum that--

       ``(I) except as provided in subclause (II), is not less 
     than $50; and
       ``(II) does not exceed the cost of adjudicating the 
     application.

       ``(ii) Waiver.--The fee under clause (i) shall be waived 
     for an application filed on behalf of an unaccompanied alien 
     child in proceedings under section 240.
       ``(B) Employment authorization.--Separate fees may be 
     imposed for an application for employment authorization under 
     this section and for an application for adjustment of status 
     under section 209(b). Such fees may not exceed the costs of 
     processing and adjudicating such applications.
       ``(C) Payment.--Fees under this paragraph may be assessed 
     and paid by installments.
       ``(D) Rule of construction.--Nothing in this paragraph may 
     be construed to limit the authority of the Attorney General 
     or the Secretary of Homeland Security to set adjudication and 
     naturalization fees in accordance with section 286(m).''.

     SEC. 537. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by section 531 and sections 533 
     through 536, is further amended by adding at the end the 
     following:
       ``(f) Rules for Determining Asylum Eligibility.--
       ``(1) Definitions.--In this subsection:
       ``(A) Membership in a particular social group.--The term 
     `membership in a particular social group' means membership in 
     a group that is--
       ``(i) composed of members who share a common immutable 
     characteristic;
       ``(ii) defined with particularity; and
       ``(iii) socially distinct within the society in question.
       ``(B) Persecution.--The term `persecution'--
       ``(i) means the infliction of a severe level of harm 
     constituting an exigent threat by the government of a country 
     or by persons or an organization that the government was 
     unable or unwilling to control; and
       ``(ii) does not include--

       ``(I) generalized harm or violence that arises out of 
     civil, criminal, or military strife in a country;
       ``(II) all treatment that the United States regards as 
     unfair, offensive, unjust, unlawful, or unconstitutional;
       ``(III) intermittent harassment, including brief 
     detentions;
       ``(IV) threats with no actual effort to carry out the 
     threats, except that particularized threats of severe harm of 
     an immediate and menacing nature made by an identified entity 
     may constitute persecution; or
       ``(V) nonsevere economic harm or property damage.

       ``(C) Political opinion.--The term `political opinion' 
     means an ideal or conviction in support of the furtherance of 
     a discrete cause related to political control of a state or a 
     unit thereof.
       ``(2) Particular social group.--In making a determination 
     under subsection (b)(1)(A) with respect to whether an alien 
     is a refugee within the meaning of section 101(a)(42)(A), the 
     Secretary of Homeland Security or the Attorney General may 
     not determine that an alien is a member of a particular 
     social group unless the alien articulates on the record, or 
     provides a basis on the record for determining, the 
     definition and boundaries of the alleged particular social 
     group, establishes that the particular social group exists 
     independently from the alleged persecution, and establishes 
     that the alien's claim of membership in a particular social 
     group does not involve--
       ``(A) past or present criminal activity or association 
     (including gang membership);
       ``(B) presence in a country with generalized violence or a 
     high crime rate;
       ``(C) being the subject of a recruitment effort by 
     criminal, terrorist, or persecutory groups;
       ``(D) the targeting of the applicant for criminal activity 
     for financial gain based on perceptions of wealth or 
     affluence;
       ``(E) interpersonal disputes of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(F) private criminal acts of which governmental 
     authorities in the relevant society or region were unaware or 
     uninvolved;
       ``(G) past or present terrorist activity or association;
       ``(H) past or present persecutory activity or association; 
     or
       ``(I) status as an alien returning from the United States.
       ``(3) Political opinion.--The Secretary of Homeland 
     Security or the Attorney General may not determine that an 
     alien holds a political opinion with respect to which the 
     alien is subject to persecution if the political opinion is 
     constituted solely by generalized disapproval of, 
     disagreement with, or opposition to criminal, terrorist, 
     gang, guerilla, or other non-state organizations and does not 
     include expressive behavior in furtherance of a cause against 
     such organizations related to efforts by the State to control 
     such organizations or behavior that is antithetical to or 
     otherwise opposes the ruling legal entity of the State or a 
     unit of such State.
       ``(4) Persecution.--The Secretary of Homeland Security or 
     the Attorney General may not determine that an alien has been 
     subject to persecution or has a well-founded fear of 
     persecution based only on--
       ``(A) the existence of laws or government policies that are 
     unenforced or infrequently enforced, unless there is credible 
     evidence that such a law or policy has been or would be 
     applied to the applicant personally; or
       ``(B) the conduct of rogue foreign government officials 
     acting outside the scope of their official capacity.
       ``(5) Discretionary determination.--
       ``(A) Adverse discretionary factors.--The Secretary of 
     Homeland Security or the Attorney General may only grant 
     asylum to an alien if the alien establishes that he or she 
     warrants a favorable exercise of discretion. In making such a 
     determination, the Attorney General or the Secretary of 
     Homeland Security shall consider, if applicable, an alien's 
     use of fraudulent documents to enter the United States, 
     unless the alien arrived in the United States by air, sea, or 
     land directly from the applicant's home country without 
     transiting through any other country.
       ``(B) Favorable exercise of discretion not permitted.--
     Except as provided in subparagraph (C), the Attorney General 
     or the Secretary of Homeland Security may not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than 1 year of unlawful presence in 
     the United States (as defined in clauses (ii) and (iii) of 
     section 212(a)(9)(B)), before filing an application for 
     asylum;
       ``(ii) at the time the asylum application is filed with the 
     immigration court or is referred from the Department of 
     Homeland Security--

       ``(I) has failed to timely file (or timely file a request 
     for an extension of time to file) any required Federal, 
     State, or local income tax returns;
       ``(II) has failed to satisfy any outstanding Federal, 
     State, or local tax obligations; or
       ``(III) earned income that would result in tax liability 
     under section 1 of the Internal Revenue Code of 1986 and that 
     was not reported to the Internal Revenue Service;

       ``(iii) has had 2 or more prior asylum applications denied 
     for any reason;
       ``(iv) has withdrawn a prior asylum application with 
     prejudice or been found to have abandoned a prior asylum 
     application;
       ``(v) failed to attend an interview regarding his or her 
     asylum application with the Department of Homeland Security, 
     unless the

[[Page S1918]]

     alien shows by a preponderance of the evidence that--

       ``(I) exceptional circumstances prevented the alien from 
     attending the interview; or
       ``(II) the interview notice was not mailed to the last 
     address provided by the alien or the alien's representative 
     and neither the alien nor the alien's representative received 
     notice of the interview; or

       ``(vi) was subject to a final order of removal, 
     deportation, or exclusion and did not file a motion to reopen 
     to seek asylum based on changed country conditions within one 
     year of the change in country conditions.
       ``(C) Exceptions.--Notwithstanding subparagraph (B), if 
     there are 1 or more of the adverse discretionary factors 
     described in such subparagraph (B), the Attorney General or 
     the Secretary of Homeland Security, may favorably exercise 
     discretion under section 208--
       ``(i) in extraordinary circumstances, such as those 
     involving national security or foreign policy considerations; 
     or
       ``(ii) if the alien, by clear and convincing evidence, 
     demonstrates that the denial of the application for asylum 
     would result in exceptional and extremely unusual hardship to 
     the alien.
       ``(6) Limitation.--
       ``(A) In general.--If the Secretary of Homeland Security or 
     the Attorney General determines that an alien fails to 
     satisfy the requirement under paragraph (2), the alien may 
     not--
       ``(i) be granted asylum based on membership in a particular 
     social group or
       ``(ii) appeal the determination of the Secretary or the 
     Attorney General, as applicable.
       ``(B) No basis for motion to reopen or reconsider.--A 
     determination under this paragraph shall not serve as the 
     basis for any motion to reopen or reconsider an application 
     for asylum or withholding of removal for any reason, 
     including a claim of ineffective assistance of counsel, 
     unless the alien--
       ``(i) complies with the procedural requirements for such a 
     motion; and
       ``(ii) demonstrates that counsel's failure to define, or 
     provide a basis for defining, a formulation of a particular 
     social group was not a strategic choice and constituted 
     egregious conduct.
       ``(7) Stereotypes.--Evidence offered in support of an 
     application for asylum that promotes cultural stereotypes 
     about a country, its inhabitants, or an alleged persecutor, 
     including stereotypes based on race, religion, nationality, 
     or gender, shall not be admissible in adjudicating that 
     application, except that evidence that an alleged persecutor 
     holds stereotypical views of the applicant shall be 
     admissible.''.

     SEC. 538. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by section 531 and sections 533 
     through 537, is further amended by adding at the end the 
     following:
       ``(g) Firm Resettlement.--
       ``(1) In general.--In determining whether an alien was 
     firmly resettled in another country before arriving in the 
     United States under subsection (b)(2)(B)(xiv), the alien 
     shall be considered to have firmly resettled in another 
     country if, after the events giving rise to the alien's 
     asylum claim--
       ``(A) the alien--
       ``(i) resided in a country through which the alien 
     transited before arriving in or entering the United States; 
     and
       ``(ii)(I) received or was eligible for any permanent legal 
     immigration status in that country;
       ``(II) resided in such a country with any nonpermanent, but 
     indefinitely renewable, legal immigration status (including 
     asylee, refugee, or similar status, but excluding the status 
     of a tourist); or
       ``(III) resided in such a country and could have applied 
     for and obtained an immigration status described in subclause 
     (II);
       ``(B) the alien physically resided voluntarily, and without 
     continuing to suffer persecution or torture, in any country 
     for 1 year or more after departing his or her country of 
     nationality or last habitual residence and before arriving in 
     or entering into the United States, except for any time spent 
     in Mexico by an alien who is not a native or citizen of 
     Mexico solely as a direct result of being returned to Mexico 
     pursuant to section 235(b)(3) or of being subject to 
     metering; or
       ``(C) the alien--
       ``(i) is a citizen of a country other than the country in 
     which the alien alleges a fear of persecution, or was a 
     citizen of such a country in the case of an alien who 
     renounces such citizenship; and
       ``(ii) was present in such country after departing his or 
     her country of nationality or last habitual residence and 
     before arriving in or entering into the United States.
       ``(2) Burden of proof.--If an immigration judge determines 
     pursuant to paragraph (1) that an alien has firmly resettled 
     in another country, the alien shall bear the burden of 
     proving the bar does not apply.
       ``(3) Firm resettlement of parent.--An alien shall be 
     presumed to have been firmly resettled in another country 
     if--
       ``(A) the alien's parent was firmly resettled in another 
     country;
       ``(B) the parent's resettlement occurred before the alien 
     attained 18 years of age; and
       ``(C) the alien resided with such parent at the time of the 
     firm resettlement, unless the alien establishes that he or 
     she could not have derived any permanent legal immigration 
     status or any nonpermanent, but indefinitely renewable, legal 
     immigration status (including asylum, refugee, or similar 
     status, but excluding the status of a tourist) from the 
     alien's parent.''.

     SEC. 539. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

       (a) In General.--Section 208(d)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General'';
       (2) in subparagraph (A), by striking ``and of the 
     consequences, under paragraph (6), of knowingly filing a 
     frivolous application for asylum; and'' and inserting a 
     semicolon;
       (3) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) ensure that a written warning appears on the asylum 
     application advising the alien of the consequences of filing 
     a frivolous application and serving as notice to the alien of 
     the consequence of filing a frivolous application.''.
       (b) Conforming Amendment.--Section 208(d)(6) of such Act (8 
     U.S.C. 1158(d)(6)) is amended to read as follows:
       ``(6) Frivolous applications.--
       ``(A) In general.--If the Secretary of Homeland Security or 
     the Attorney General determines that an alien has knowingly 
     made a frivolous application for asylum and the alien has 
     received the notice described in paragraph (4)(C), the alien 
     shall be permanently ineligible for any benefits under this 
     chapter, effective as the date of the final determination of 
     such an application.
       ``(B) Criteria.--An application is frivolous if the 
     Secretary of Homeland Security or the Attorney General 
     determines, consistent with subparagraph (C), that--
       ``(i) the application is so insufficient in substance that 
     it is clear that the applicant knowingly filed the 
     application solely or in part--

       ``(I) to delay removal from the United States;
       ``(II) to seek employment authorization as an applicant for 
     asylum pursuant to regulations issued pursuant to paragraph 
     (2); or
       ``(III) to seek issuance of a Notice to Appear in order to 
     pursue Cancellation of Removal under section 240A(b); or

       ``(ii) any of the material elements in the application are 
     knowingly fabricated.
       ``(C) Sufficient opportunity to clarify.--An application 
     may not be determined to be frivolous unless the Secretary of 
     Homeland Security or the Attorney General is satisfied that 
     the applicant, during the course of the proceedings, has had 
     sufficient opportunity to clarify any discrepancies or 
     implausible aspects of his or her claim.
       ``(D) Withholding of removal not precluded.--For purposes 
     of this section, a finding that an alien filed a frivolous 
     asylum application shall not preclude the alien from seeking 
     withholding of removal under section 241(b)(3) or protection 
     under the United Nations Convention against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment, done at 
     New York December 10, 1984.''.

     SEC. 540. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by section 531 and sections 533 
     through 539, is further amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D), by inserting ``the Secretary of 
     Homeland Security or'' before ``the Attorney General''; and
       (B) in paragraph (3), by inserting ``the Secretary of 
     Homeland Security or'' before ``the Attorney General'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``Attorney General'' each 
     place such term appears and inserting ``Secretary of Homeland 
     Security'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``the Secretary of Homeland Security or'' 
     before ``the Attorney General''; and
       (C) in paragraph (3), by inserting ``the Secretary of 
     Homeland Security or'' before ``the Attorney General''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'' each place such 
     term appears; and
       (B) in paragraph (5)--
       (i) in subparagraph (A)(i), by striking ``Attorney 
     General'' and inserting ``Secretary of Homeland Security''; 
     and
       (ii) in subparagraph (B), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''.

     SEC. 541. REQUIREMENT FOR PROCEDURES RELATING TO CERTAIN 
                   ASYLUM APPLICATIONS.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General shall 
     establish procedures to expedite the adjudication of asylum 
     applications for aliens--
       (1) who are subject to removal proceedings under section 
     240 of the Immigration and Nationality Act (8 U.S.C. 1229a); 
     and
       (2) who are nationals of a Western Hemisphere country 
     sanctioned by the United States, as described in subsection 
     (b), as of January 1, 2023.
       (b) Western Hemisphere Country Sanctioned by the United 
     States.--Subsection (a) shall only apply to an asylum 
     application filed by an alien who is a national of a Western 
     Hemisphere country subject to sanctions pursuant to--

[[Page S1919]]

       (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
     Act of 1996 (22 U.S.C. 6021 note);
       (2) section 5 of the Reinforcing Nicaragua's Adherence to 
     Conditions for Electoral Reform Act of 2021 (50 U.S.C. 1701 
     note); or
       (3) Executive Order 13692 (80 Fed. Reg. 12747; declaring a 
     national emergency with respect to the situation in 
     Venezuela).
       (c) Applicability.--This section shall only apply to an 
     alien who files an application for asylum after the date of 
     the enactment of this Act.

            TITLE III--BORDER SAFETY AND MIGRANT PROTECTION

     SEC. 546. INSPECTION OF APPLICANTS FOR ADMISSION.

       Section 235 of the Immigration and Nationality Act (8 
     U.S.C. 1225) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in clauses (i) and (ii), by striking ``section 
     212(a)(6)(C) or 212(a)(7)'' and inserting ``paragraph (6)(A), 
     (6)(C) or (7) of section 212(a)''; and
       (II) by adding at the end the following:

       ``(iv) Ineligibility for parole.--An alien described in 
     clause (i) or (ii) is not eligible for parole except as 
     expressly authorized under section 212(d)(5), or for parole 
     or release under section 236(a).''; and
       (ii) in subparagraph (B)--

       (I) in clause (ii), by inserting ``and may not be released 
     (including parole or release pursuant to section 236(a), but 
     excluding as expressly authorized under section 212(d)(5)) 
     other than to be removed or returned to a country in 
     accordance with paragraph (3).''; and
       (II) in clause (iii)(IV)--

       (aa) in the clause header by inserting ``, return, or 
     removal'' after ``detention''; and
       (bb) by adding at the end the following: ``The alien may 
     not be released (including parole or release pursuant to 
     section 236(a), but excluding as expressly authorized 
     pursuant to section 212(d)(5)) other than to be removed or 
     returned to a country in accordance with paragraph (3).'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Subject to subparagraphs (B) and (C),'' 
     and inserting ``Subject to subparagraph (B) and paragraph 
     (3),''; and
       (II) by adding at the end the following: ``The alien may 
     not be released (including parole or release pursuant to 
     section 236(a), but excluding as expressly authorized 
     pursuant to section 212(d)(5)) other than to be removed or 
     returned to a country in accordance with paragraph (3).''; 
     and

       (ii) by striking subparagraph (C);
       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Return to foreign territory contiguous to the united 
     states.--
       ``(A) In general.--The Secretary of Homeland Security may 
     return any alien arriving on land from a foreign territory 
     contiguous to the United States (whether or not at a 
     designated port of entry) to such territory pending a 
     proceeding under section 240 or a review of a determination 
     under subsection (b)(1)(B)(iii)(III).
       ``(B) Mandatory return.--If the Secretary of Homeland 
     Security is unable--
       ``(i) to comply with statutory obligations to detain an 
     alien in accordance with clauses (ii) and (iii)(IV) of 
     subsection (b)(1)(B) and subsection (b)(2)(A); or
       ``(ii) remove an alien to a country described in section 
     208(a)(2)(A),
     the Secretary of Homeland Security shall, without exception, 
     including pursuant to parole or release pursuant to section 
     236(a), but excluding as expressly authorized pursuant to 
     section 212(d)(5), return any alien arriving on land from a 
     foreign territory contiguous to the United States (whether or 
     not at a designated port of entry) to such territory pending 
     a proceeding under section 240 or a review of a determination 
     under subsection (b)(1)(B)(iii)(III).
       ``(4) Enforcement by state attorneys general.--The attorney 
     general of a State, or other authorized State officer, 
     alleging a violation of the detention, return, or removal 
     requirements under paragraph (1), (2), or (3) that affects 
     such State or its residents, may bring an action against the 
     Secretary of Homeland Security on behalf of the residents of 
     the State in an appropriate United States district court to 
     obtain appropriate injunctive relief.''; and
       (2) by adding at the end the following:
       ``(e) Authority To Prohibit Introduction of Certain 
     Aliens.--If the Secretary of Homeland Security determines, in 
     the discretion of the Secretary, that prohibiting the 
     introduction of aliens who are inadmissible under paragraph 
     (6)(A), (6)(C), or (7) of section 212(a) at an international 
     land or maritime border of the United States is necessary to 
     achieve operational control (as defined in section 2 of the 
     Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such 
     border, the Secretary may prohibit, in whole or in part, the 
     introduction of such aliens at such border for such period as 
     the Secretary determines is necessary for such purpose.''.

     SEC. 547. OPERATIONAL DETENTION FACILITIES.

       (a) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on the Judiciary of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on the Judiciary of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Not later than September 30, 2023, the 
     Secretary of Homeland Security, using the authority granted 
     under section 103(a)(11) of the Immigration and Nationality 
     Act (8 U.S.C. 1103(a)(11)), shall take all necessary actions 
     to reopen or restore all U.S. Immigration and Customs 
     Enforcement detention facilities that were in operation on 
     January 20, 2021, and subsequently closed or with respect to 
     which the use was altered, reduced, or discontinued after 
     January 20, 2021.
       (c) Specific Facilities.--The requirement under subsection 
     (b) shall include, at a minimum, reopening or restoring--
       (1) Irwin County Detention Center in Georgia;
       (2) C. Carlos Carreiro Immigration Detention Center in 
     Bristol County, Massachusetts;
       (3) Etowah County Detention Center in Gadsden, Alabama;
       (4) Glades County Detention Center in Moore Haven, Florida; 
     and
       (5) South Texas Family Residential Center.
       (d) Exception.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary of Homeland Security may obtain equivalent 
     capacity for detention facilities at locations other than 
     those listed in subsection (c).
       (2) Limitation.--The Secretary may not take action under 
     paragraph (1) unless the capacity obtained would result in a 
     reduction of time and cost relative to the cost and time 
     otherwise required to obtain such capacity.
       (3) South texas family residential center.--The exception 
     under paragraph (1) shall not apply to the South Texas Family 
     Residential Center. The Secretary shall take all necessary 
     steps to modify and operate the South Texas Family 
     Residential Center in the same manner and capability it was 
     operating on January 20, 2021.
       (e) Periodic Report.--Not later than 90 days after the date 
     of the enactment of this Act, and every 90 days thereafter 
     until September 30, 2027, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     detailed plan for and a status report regarding--
       (1) compliance with the deadline under subsection (b);
       (2) the increase in detention capabilities required under 
     this section--
       (A) for the 90-day period immediately preceding the date on 
     which such report is submitted; and
       (B) for the period beginning on the first day of the fiscal 
     year during which the report is submitted, and ending on the 
     date on which such report is submitted;
       (3) the number of detention beds that were used and the 
     number of available detention beds that were not used 
     during--
       (A) the 90-day period immediately preceding the date on 
     which such report is submitted; and
       (B) the period beginning on the first day of the fiscal 
     year during which the report is submitted, and ending on the 
     date on which such report is submitted;
       (4) the number of aliens released due to a lack of 
     available detention beds; and
       (5) the resources that the Department of Homeland Security 
     needs in order to comply with the requirements under this 
     section.
       (f) Notification.--The Secretary of Homeland Security shall 
     submit to Congress a detailed description of the resources 
     the Department of Homeland Security needs in order to detain 
     all aliens whose detention is mandatory or nondiscretionary 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.)--
       (1) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach 90 percent of 
     capacity;
       (2) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach 95 percent of 
     capacity; and
       (3) not later than 5 days after all U.S. Immigration and 
     Customs Enforcement detention facilities reach full capacity.

   TITLE IV--PREVENTING UNCONTROLLED MIGRATION FLOWS IN THE WESTERN 
                               HEMISPHERE

     SEC. 551. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE 
                   COOPERATION ON IMMIGRATION AND ASYLUM.

       It is the policy of the United States--
       (1) to enter into agreements, accords, and memoranda of 
     understanding with countries in the Western Hemisphere--
       (A) to advance the interests of the United States by 
     reducing costs associated with illegal immigration; and
       (B) to protect the human capital, societal traditions, and 
     economic growth of other countries in the Western Hemisphere; 
     and
       (2) to ensure that humanitarian and development assistance 
     funding aimed at reducing illegal immigration is not expended 
     on programs that have not proven to reduce illegal immigrant 
     flows in the aggregate.

     SEC. 552. NEGOTIATIONS BY SECRETARY OF STATE.

       (a) Alien Defined.--In this section, the term ``alien'' has 
     the meaning given such term in section 101(a)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
       (b) Authorization To Negotiate.--
       (1) In general.--The Secretary of State shall seek to 
     negotiate agreements, accords,

[[Page S1920]]

     and memoranda of understanding between the United States, 
     Mexico, Honduras, El Salvador, Guatemala, and other countries 
     in the Western Hemisphere--
       (A) to enhance the cooperation and burden sharing required 
     for effective regional immigration enforcement; and
       (B) to expedite legal claims by aliens for asylum and the 
     processing, detention, and repatriation of foreign nationals 
     seeking to enter the United States unlawfully.
       (2) Elements.--Agreements negotiated pursuant to paragraph 
     (1) shall--
       (A) be designed to facilitate a regional approach to 
     immigration enforcement;
       (B) provide that the Government of Mexico--
       (i) authorize and accept the rapid entrance into Mexico of 
     nationals of countries other than Mexico who seek asylum in 
     Mexico; and
       (ii) process the asylum claims of such nationals inside 
     Mexico, in accordance with domestic law and international 
     treaties and conventions governing the processing of asylum 
     claims;
       (C) provide that the Government of Mexico authorize and 
     accept--
       (i) the rapid entrance into Mexico of all nationals of 
     countries other than Mexico who are ineligible for asylum in 
     Mexico and wish to apply for asylum in the United States, 
     whether or not at a port of entry; and
       (ii) the continued presence of such nationals in Mexico 
     while they wait for the adjudication of their asylum claims 
     to conclude in the United States;
       (D) provide that the Government of Mexico commit to provide 
     the individuals described in subparagraphs (B) and (C) with 
     appropriate humanitarian protections;
       (E) provide that the Government of Honduras, the Government 
     of El Salvador, and the Government of Guatemala--
       (i) authorize and accept the entrance into their respective 
     countries of nationals of other countries seeking asylum in 
     the applicable country; and
       (ii) process such claims in accordance with applicable 
     domestic law and international treaties and conventions 
     governing the processing of asylum claims;
       (F) provide that the Government of the United States commit 
     to work--
       (i) to accelerate the adjudication of asylum claims; and
       (ii) to conclude removal proceedings in the wake of asylum 
     adjudications as expeditiously as possible; and
       (G) provide that the Government of the United States 
     commit--
       (i) to continue to assist the governments of countries in 
     the Western Hemisphere, including Honduras, El Salvador, and 
     Guatemala, by supporting the enhancement of asylum capacity 
     in those countries; and
       (ii) to monitoring developments in hemispheric immigration 
     trends and regional asylum capabilities to determine whether 
     additional asylum cooperation agreements are warranted.
       (c) Notification in Accordance With Case-Zablocki Act.--The 
     Secretary of State, in accordance with section 112b of title 
     1, United States Code (commonly known as the ``Case-Zablocki 
     Act''), shall inform the relevant congressional committees of 
     each agreement entered into pursuant to subsection (b) not 
     later than 48 hours after each such agreement is signed.

     SEC. 553. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO 
                   ADDRESS THE BORDER CRISIS.

       (a) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) Briefing Required.--Not later than 90 days after the 
     date of the enactment of this Act, and not less frequently 
     than once every 90 days thereafter until the date described 
     in subsection (c), the Secretary of State, or the designee of 
     the Secretary of State, shall provide an in-person briefing 
     to the appropriate congressional committees regarding efforts 
     undertaken pursuant to the negotiation authority provided 
     under section 552 to monitor, deter, and prevent illegal 
     immigration to the United States, including by--
       (1) entering into agreements, accords, and memoranda of 
     understanding with foreign countries; and
       (2) using United States foreign assistance to stem the root 
     causes of migration in the Western Hemisphere.
       (c) Termination of Mandatory Briefing.--The date described 
     in this subsection is the date on which the Secretary of 
     State, in consultation with the heads of other relevant 
     Federal departments and agencies, determines and certifies to 
     the appropriate congressional committees that illegal 
     immigration flows have subsided to a manageable rate.

            TITLE V--ENSURING UNITED FAMILIES AT THE BORDER

     SEC. 561. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

       (a) In General.--
       (1) Amendment.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended by adding at the end the following:
       ``(j) Rule of Construction.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, judicial determination, consent decree, or settlement 
     agreement--
       ``(A) the detention of any alien child who is not an 
     unaccompanied alien child shall be governed by sections 217, 
     235, 236, and 241 of the Immigration and Nationality Act (8 
     U.S.C. 1187, 1225, 1226, and 1231); and
       ``(B) there is no presumption that an alien child who is 
     not an unaccompanied alien child should not be detained.
       ``(2) Family detention.--The Secretary of Homeland Security 
     shall--
       ``(A) maintain the care and custody of any alien who is 
     charged only with a misdemeanor offense under section 275(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1325(a)) 
     while such charge is pending if such alien entered the United 
     States with the alien's child who has not attained 18 years 
     of age; and
       ``(B) detain such alien with the alien's child.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply to all actions occurring before, on, or after 
     such date.
       (b) Sense of Congress.--It is the sense of Congress that 
     the amendment in subsection (a)(1) is intended to satisfy the 
     requirements of the Settlement Agreement in Flores v. Meese, 
     No. 85-4544 (C.D. Cal), as approved by the court on January 
     28, 1997, with respect to its interpretation in Flores v. 
     Johnson, 212 F. Supp. 3d 864 (C.D. Cal. 2015), that the 
     agreement applies to accompanied minors.
       (c) Preemption of State Licensing Requirements.--
     Notwithstanding any other provision of law, judicial 
     determination, consent decree, or settlement agreement, no 
     State may require that an immigration detention facility used 
     to detain children who have not attained 18 years of age, or 
     families consisting of 1 or more such children and the 
     parents or legal guardians of such children, that is located 
     in that State, be licensed by the State or any political 
     subdivision of the State.

                    TITLE VI--PROTECTION OF CHILDREN

     SEC. 566. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Implementation of the provisions of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (Public Law 110-457) that govern unaccompanied 
     alien children has incentivized multiple surges of 
     unaccompanied alien children arriving at the southwest border 
     since its enactment.
       (2) The provisions of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 that govern 
     unaccompanied alien children--
       (A) treat unaccompanied alien children from countries that 
     are contiguous to the United States disparately by swiftly 
     returning them to their home country absent indications of 
     trafficking or a credible fear of return; and
       (B) allow for the release of unaccompanied alien children 
     from noncontiguous countries into the interior of the United 
     States, often in the custody of the individuals who paid to 
     smuggle them into the country.
       (3) The provisions of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 governing 
     unaccompanied alien children have enriched Mexican drug 
     cartels, which--
       (A) receive hundreds of millions of dollars annually from 
     smuggling unaccompanied alien children to the southwest 
     border; and
       (B) often exploit and sexually abuse many such 
     unaccompanied alien children during the perilous journey.
       (4) The number of unaccompanied alien children encountered 
     at the southwest border never exceeded 1,000 in a single year 
     before 2008.
       (5) The United States is in the midst of the worst crisis 
     of unaccompanied alien children in our Nation's history, with 
     more than 350,000 unaccompanied alien children encountered at 
     the southwest border during the administration of President 
     Biden.
       (6) During 2022, 152,057 unaccompanied alien children were 
     encountered by U.S. Border Patrol, which represents the most 
     encounters in a single year and an increase of more than 400 
     percent compared to the last full fiscal year of the Trump 
     Administration in which [33,239] unaccompanied alien children 
     were so encountered.
       (7) The Biden Administration has lost contact with at least 
     85,000 unaccompanied alien children who entered the United 
     States since President Biden assumed the presidency.
       (8) The Biden Administration dismantled effective 
     safeguards put in place by the Trump Administration that 
     protected unaccompanied alien children from being abused by 
     criminals or exploited for illegal and dangerous child labor.
       (9) A New York Times investigation discovered that 
     unaccompanied alien children--
       (A) are being exploited in the labor market;
       (B) ``are ending up in some of the most punishing jobs in 
     the country''; and
       (C) ``under intense pressure to earn money'' in order to 
     ``send cash back to their families while often being in debt 
     to their sponsors for smuggling fees, rent, and living 
     expenses'', fear ``that they had become trapped in 
     circumstances they never could have imagined.''.
       (10) Department of Health and Human Services Secretary 
     Xavier Becerra compared placing unaccompanied alien children 
     with sponsors, to widgets in an assembly line,

[[Page S1921]]

     stating that, ``If Henry Ford had seen this in his plant, he 
     would have never become famous and rich. This is not the way 
     you do an assembly line.''.
       (11) Department of Health and Human Services employees 
     working under Secretary Xavier Becerra's leadership penned a 
     July 2021 memorandum expressing serious concern that ``labor 
     trafficking was increasing'' and that the agency had become 
     ``one that rewards individuals for making quick releases, and 
     not one that rewards individuals for preventing unsafe 
     releases.''.
       (12) Despite these concerns, Secretary Xavier Becerra 
     pressured Director of the Office of Refugee Resettlement 
     Cindy Huang to prioritize releases of unaccompanied alien 
     children over ensuring their safety, telling her ``if she 
     could not increase the number of discharges he would find 
     someone who could'' and Director Huang resigned one month 
     later.
       (13) In June 2014, the Obama Administration requested legal 
     authority to exercise discretion in returning and removing 
     unaccompanied alien children from noncontiguous countries 
     back to their home countries.
       (b) Purpose.--The purpose of this title is to end the 
     disparate policies of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 by ensuring 
     the swift return of all unaccompanied alien children to their 
     country of origin who--
       (1) are not victims of trafficking; and
       (2) do not have a fear of returning to their country of 
     origin.

     SEC. 567. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       (a) In General.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by amending the paragraph heading to read as follows: 
     ``Rules for unaccompanied alien children.--'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``who 
     is a national or habitual resident of a country that is 
     contiguous with the United States'';
       (II) in clause (i), by adding ``and'' at the end;
       (III) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (IV) by striking clause (iii); and

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``(8 
     U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101 
     et seq.)--'';
       (II) in clause (i), by inserting ``may'' before ``permit 
     such child to withdraw''; and
       (III) in clause (ii), by inserting ``shall'' before 
     ``return such child''; and

       (B) in paragraph (5)(D)--
       (i) in the matter preceding clause (i), by striking ``, 
     except for an unaccompanied alien child from a contiguous 
     country subject to exceptions under subsection (a)(2),'' and 
     inserting ``who does not meet the criteria under paragraph 
     (2)(A)''; and
       (ii) in clause (i), by inserting ``, which shall include a 
     hearing before an immigration judge not later than 14 days 
     after being screened under paragraph (4)'' before the 
     semicolon at the end;
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Human services'' and inserting ``Human Services'';
       (ii) in subparagraph (A), by inserting ``who does not to 
     meet the criteria under subsection (a)(2)(A)'' before the 
     semicolon; and
       (iii) in subparagraph (B), by striking ``under 18 years of 
     age'' and inserting ``younger than 18 years of age and does 
     not meet the criteria under subsection (a)(2)(A)''; and
       (B) in paragraph (3), by striking ``child in custody 
     shall'' and all that follows, and inserting the following: 
     ``child in custody--
       ``(A) in the case of a child who does not meet the criteria 
     under subsection (a)(2)(A), shall transfer the custody of 
     such child to the Secretary of Health and Human Services not 
     later than 30 days after determining that such child is an 
     unaccompanied alien child who does not meet such criteria; or
       ``(B) in the case of a child who meets the criteria under 
     subsection (a)(2)(A), may transfer the custody of such child 
     to the Secretary of Health and Human Services after 
     determining that such child is an unaccompanied alien child 
     who meets such criteria.''; and
       (3) in subsection (c)--
       (A) in paragraph (3), by adding at the end the following:
       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to department of homeland 
     security.--Before placing a child with an individual, the 
     Secretary of Health and Human Services shall submit to the 
     Secretary of Homeland Security, with respect to the 
     individual with whom the child will be placed, information 
     regarding--

       ``(I) the name of such individual;
       ``(II) the Social Security number of such individual;
       ``(III) the date of birth of such individual;
       ``(IV) the location of such individual's residence where 
     the child will be placed;
       ``(V) the immigration status of such individual, if known; 
     and
       ``(VI) contact information for such individual.

       ``(ii) Activities of secretary of homeland security.--Not 
     later than 30 days after receiving the information listed in 
     clause (i), the Secretary of Homeland Security, upon 
     determining that an individual with whom a child is placed is 
     unlawfully present in the United States and not in removal 
     proceedings pursuant to chapter 4 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1221 et seq.), 
     shall initiate such removal proceedings.''; and
       (B) in paragraph (5)--
       (i) by inserting ``(at no expense to the Government)'' 
     after ``to the greatest extent practicable''; and
       (ii) by striking ``have counsel to represent them'' and 
     inserting ``have access to counsel to represent them''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any unaccompanied alien child (as such term is 
     defined in section 462(g) of the Homeland Security Act of 
     2002 (6 U.S.C. 279(g))) apprehended on or after the date that 
     is 30 days after the date of the enactment of this Act.

     SEC. 568. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS 
                   UNABLE TO REUNITE WITH EITHER PARENT.

       Section 101(a)(27)(J) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(27)(J)) is amended--
       (1) in clause (i), by striking ``, and whose reunification 
     with 1 or both of the immigrant's parents is not viable due 
     to abuse, neglect, abandonment, or a similar basis found 
     under State law''; and
       (2) in clause (iii)--
       (A) in subclause (I), by striking ``and'' at the end;
       (B) in subclause (II), by adding ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following:

       ``(III) an alien may not be granted special immigrant 
     status under this subparagraph if the alien's reunification 
     with any parent or legal guardian is not precluded by abuse, 
     neglect, abandonment, or any similar cause under State 
     law;''.

     SEC. 569. RULE OF CONSTRUCTION.

       Nothing in this title may be construed to limit, with 
     respect to procedures or practices relating to an 
     unaccompanied alien child (as defined in section 462(g)(2) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))--
       (1) the screening of such a child for a credible fear of 
     return to his or her country of origin;
       (2) the screening of such a child to determine whether he 
     or she was a victim of trafficking; or
       (3) Department of Health and Human Services policy in 
     effect on the date of the enactment of this Act requiring a 
     home study for such a child if he or she is younger than 12 
     years of age.

                  TITLE VII--VISA OVERSTAYS PENALTIES

     SEC. 571. EXPANDED PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       Section 275 of the Immigration and Nationality Act (8 
     U.S.C. 1325) is amended--
       (1) in subsection (a), by inserting ``or if the alien was 
     previously convicted of an offense under subsection 
     (e)(2)(A)'' after ``for a subsequent commission of any such 
     offense'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``at least $50 and not 
     more than $250'' and inserting ``not less than $500 and not 
     more than $1,000''; and
       (B) in paragraph (2), by inserting ``or subsection 
     (e)(2)(B)'' after ``in the case of an alien who has been 
     previously subject to a civil penalty under this 
     subsection''; and
       (3) by adding at the end the following:
       ``(e) Visa Overstays.--
       ``(1) In general.--An alien admitted as a nonimmigrant 
     violates this paragraph if the alien, for an aggregate of 10 
     days or more, fails--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted, or to which it was changed under section 
     248, including complying with the period of stay authorized 
     by the Secretary of Homeland Security in connection with such 
     status; or
       ``(B) to comply otherwise with the conditions of such 
     nonimmigrant status.
       ``(2) Penalties.--An alien who violates paragraph (1)--
       ``(A) shall--
       ``(i) for the first commission of such a violation, be 
     fined under title 18, United States Code, imprisoned not more 
     than 6 months, or both; and
       ``(ii) for a subsequent commission of such a violation, or 
     if the alien was previously convicted of an offense under 
     subsection (a), be fined under such title 18, imprisoned not 
     more than 2 years, or both; and
       ``(B) in addition to any penalty under subparagraph (A) and 
     any other criminal or civil penalties that may be imposed for 
     such a violation, shall be subject to a civil penalty of--
       ``(i) not less than $500 and not more than $1,000 for each 
     such violation; or
       ``(ii) twice the amount specified in clause (i) if the 
     alien was previously subject to a civil penalty under this 
     subparagraph or subsection (b).''.

                 TITLE VIII--IMMIGRATION PAROLE REFORM

     SEC. 576. IMMIGRATION PAROLE REFORM.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended to read as follows:
       ``(5)(A) Subject to subparagraphs (B) through (H) and 
     section 214(f), the Secretary of Homeland Security, in the 
     discretion of the Secretary, may temporarily parole into the 
     United States any alien applying for admission to the United 
     States who is not

[[Page S1922]]

     present in the United States, under such conditions as the 
     Secretary may prescribe, on a case-by-case basis, and not 
     according to eligibility criteria describing an entire class 
     of potential parole recipients, for urgent humanitarian 
     reasons or significant public benefit.
       ``(B) Parole granted under subparagraph (A) may not be 
     regarded as an admission of the alien. When the Secretary of 
     Homeland Security determines that the purposes of such parole 
     have been served, the alien shall immediately return or be 
     returned to the custody from which the alien was paroled. 
     After such return, the case of the alien shall be dealt with 
     in the same manner as the case of any other applicant for 
     admission to the United States.
       ``(C) The Secretary of Homeland Security may grant parole 
     to any alien who--
       ``(i) is present in the United States without lawful 
     immigration status;
       ``(ii) is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) is not otherwise inadmissible or removable; and
       ``(iv) is the spouse or child of a member of the Armed 
     Forces serving on active duty.
       ``(D) The Secretary of Homeland Security may grant parole 
     to any alien--
       ``(i) who is a national of the Republic of Cuba and is 
     living in the Republic of Cuba;
       ``(ii) who is the beneficiary of an approved petition under 
     section 203(a);
       ``(iii) for whom an immigrant visa is not immediately 
     available;
       ``(iv) who meets all eligibility requirements for an 
     immigrant visa;
       ``(v) who is not otherwise inadmissible; and
       ``(vi) who is receiving a grant of parole in furtherance of 
     the commitment of the United States to the minimum level of 
     annual legal migration of Cuban nationals to the United 
     States specified in the U.S.-Cuba Joint Communique on 
     Migration, done at New York September 9, 1994, and reaffirmed 
     in the Cuba-United States: Joint Statement on Normalization 
     of Migration, Building on the Agreement of September 9, 1994, 
     done at New York May 2, 1995.
       ``(E) In determining an alien's eligibility for parole 
     under subparagraph (A), an urgent humanitarian reason shall 
     be limited to circumstances in which the alien establishes 
     that the alien--
       ``(i)(I) has a medical emergency; and
       ``(II)(aa) cannot obtain necessary treatment in the foreign 
     state in which the alien is residing; or
       ``(bb) the medical emergency is life-threatening and there 
     is insufficient time for the alien to be admitted to the 
     United States through the normal visa process;
       ``(ii) is the parent or legal guardian of an alien 
     described in clause (i) and the alien described in clause (i) 
     is a minor;
       ``(iii) is needed in the United States in order to donate 
     an organ or other tissue for transplant and there is 
     insufficient time for the alien to be admitted to the United 
     States through the normal visa process;
       ``(iv) has a close family member in the United States whose 
     death is imminent and the alien could not arrive in the 
     United States in time to see such family member alive if the 
     alien were to be admitted to the United States through the 
     normal visa process;
       ``(v) is seeking to attend the funeral of a close family 
     member and the alien could not arrive in the United States in 
     time to attend such funeral if the alien were to be admitted 
     to the United States through the normal visa process;
       ``(vi) is an adopted child with an urgent medical condition 
     who is in the legal custody of the petitioner for a final 
     adoption-related visa and whose medical treatment is required 
     before the expected award of a final adoption-related visa; 
     or
       ``(vii) is a lawful applicant for adjustment of status 
     under section 245 and is returning to the United States after 
     temporary travel abroad.
       ``(F) In determining an alien's eligibility for parole 
     under subparagraph (A), a significant public benefit may be 
     determined to result from the parole of an alien only if--
       ``(i) the alien has assisted (or will assist, whether 
     knowingly or not) the United States Government in a law 
     enforcement matter;
       ``(ii) the alien's presence is required by the Government 
     in furtherance of such law enforcement matter; and
       ``(iii) the alien is inadmissible, does not satisfy the 
     eligibility requirements for admission as a nonimmigrant, or 
     there is insufficient time for the alien to be admitted to 
     the United States through the normal visa process.
       ``(G) In determining an alien's eligibility for parole 
     under subparagraph (A), the term `case-by-case basis' means 
     that the facts in each individual case are considered and 
     parole is not granted based on membership in a defined class 
     of aliens to be granted parole. The fact that aliens are 
     considered for or granted parole one-by-one and not as a 
     group is not sufficient to establish that the parole decision 
     is made on a `case-by-case basis'.
       ``(H) The Secretary of Homeland Security may grant parole 
     to an alien who is returned to a contiguous country pursuant 
     to section 235(b)(3) to allow the alien to attend the alien's 
     immigration hearing. The grant of parole shall not exceed the 
     time required for the alien to be escorted to, and attend, 
     the alien's immigration hearing scheduled on the same day as 
     the grant, and to immediately thereafter be escorted back to 
     the contiguous country. A grant of parole under this 
     subparagraph shall not be considered for purposes of 
     determining whether the alien is inadmissible under this Act.
       ``(I) The Secretary of Homeland Security may not use the 
     parole authority under this paragraph to parole an alien into 
     the United States for any reason or purpose other than those 
     described in subparagraphs (C), (D), (E), (F), and (H).
       ``(J) An alien granted parole may not accept employment, 
     except that an alien granted parole pursuant to subparagraph 
     (C) or (D) is authorized to accept employment for the 
     duration of the parole, as evidenced by an employment 
     authorization document issued by the Secretary of Homeland 
     Security.
       ``(K) Parole granted after a departure from the United 
     States shall not be regarded as an admission of the alien. An 
     alien granted parole, whether as an initial grant of parole 
     or parole upon reentry into the United States, is not 
     eligible to adjust status to lawful permanent residence or 
     for any other immigration benefit if the immigration status 
     the alien had at the time of departure did not authorize the 
     alien to adjust status or to be eligible for such benefit.
       ``(L)(i) Except as provided in clauses (ii) and (iii), 
     parole shall be granted to an alien under this paragraph for 
     the shorter of--
       ``(I) a period of sufficient length to accomplish the 
     activity described in subparagraph (E), (F), or (H) for which 
     the alien was granted parole; or
       ``(II) 1 year.
       ``(ii) Grants of parole pursuant to subparagraph (A) may be 
     extended once, in the discretion of the Secretary, for an 
     additional period that is the shorter of--
       ``(I) the period that is necessary to accomplish the 
     activity described in subparagraph (E) or (F) for which the 
     alien was granted parole; or
       ``(II) 1 year.
       ``(iii) Aliens who have a pending application to adjust 
     status to permanent residence under section 245 may request 
     extensions of parole under this paragraph, in 1-year 
     increments, until the application for adjustment has been 
     adjudicated. Such parole shall terminate immediately upon the 
     denial of such adjustment application.
       ``(M) Not later than 90 days after the last day of each 
     fiscal year, the Secretary of Homeland Security shall submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     and make available to the public, a report--
       ``(i) identifying the total number of aliens paroled into 
     the United States under this paragraph during the previous 
     fiscal year; and
       ``(ii) containing information and data regarding all aliens 
     paroled during such fiscal year, including--
       ``(I) the duration of parole;
       ``(II) the type of parole; and
       ``(III) the current status of the aliens so paroled.''.

     SEC. 577. IMPLEMENTATION.

       (a) In General.--Except as provided in subsection (b), this 
     title and the amendments made by this title shall take effect 
     on the date that is 30 days after the date of the enactment 
     of this Act.
       (b) Exceptions.--Notwithstanding subsection (a)--
       (1) any application for parole or advance parole filed by 
     an alien before the date of the enactment of this Act shall 
     be adjudicated under the law that was in effect on the date 
     on which the application was properly filed;
       (2) any approved advance parole shall remain valid under 
     the law that was in effect on the date on which the advance 
     parole was approved;
       (3) section 212(d)(5)(K) of the Immigration and Nationality 
     Act, as added by section 576, shall take effect on the date 
     of the enactment of this Act; and
       (4) aliens who were paroled into the United States pursuant 
     to section 212(d)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(5)(A)) before January 1, 2023, shall 
     continue to be subject to the terms of parole that were in 
     effect on the date on which their respective parole was 
     approved.

     SEC. 578. CAUSE OF ACTION.

       Any person, State, or local government that experiences 
     financial harm in excess of $1,000 due to a failure of the 
     Federal Government to lawfully apply the provisions of this 
     title or the amendments made by this title shall have 
     standing to bring a civil action against the Federal 
     Government in an appropriate district court of the United 
     States for appropriate relief.

     SEC. 579. SEVERABILITY.

       If any provision of this title or any amendment by this 
     title, or the application of such provision or amendment to 
     any person or circumstance, is held to be unconstitutional, 
     the remainder of this title and the application of such 
     provision or amendment to any other person or circumstance 
     shall not be affected.

                       TITLE IX--LEGAL WORKFORCE

     SEC. 581. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended to read as 
     follows:
       ``(b) Employment Eligibility Verification Process.--
       ``(1) New hires, recruitment, and referral.--The 
     requirements referred to in paragraphs (1)(B) and (3) of 
     subsection (a), with respect to a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States, are the following:

[[Page S1923]]

       ``(A) Attestation after examination of documentation.--
       ``(i) Attestation.--During the verification period, the 
     person or entity shall attest, under penalty of perjury and 
     on a form, including electronic format, designated or 
     established by the Secretary of Homeland Security by 
     regulation not later than 6 months after the date of the 
     enactment of the Secure the Border Act of 2023, that it has 
     verified that the individual is not an unauthorized alien 
     by--

       ``(I) obtaining from the individual the individual's Social 
     Security account number or United States passport number and 
     recording the number on the form (if the individual claims to 
     have been issued such a number) and, if the individual does 
     not attest to United States nationality under subparagraph 
     (B), obtaining such identification or authorization number 
     established by the Department of Homeland Security for the 
     alien as the Secretary may specify, and recording such number 
     on the form; and
       ``(II) examining--

       ``(aa) a document relating to the individual presenting it 
     described in clause (ii); or
       ``(bb) a document relating to the individual presenting it 
     described in clause (iii) and a document relating to the 
     individual presenting it described in clause (iv).
       ``(ii) Documents evidencing employment authorization and 
     establishing identity.--A document described in this clause 
     is an individual's--

       ``(I) unexpired United States passport or passport card;
       ``(II) unexpired permanent resident card that contains a 
     photograph;
       ``(III) unexpired employment authorization card that 
     contains a photograph;
       ``(IV) in the case of a nonimmigrant alien authorized to 
     work for a specific employer incident to his or her 
     nonimmigrant status, a foreign passport with Form I-94 or 
     Form I-94A, or other documentation as designated by the 
     Secretary specifying the alien's nonimmigrant status if--

       ``(aa) the period of such status has not expired; and
       ``(bb) the proposed employment is not in conflict with any 
     restrictions or limitations identified in the document;

       ``(V) passport from the Federated States of Micronesia 
     (FSM) or the Republic of the Marshall Islands (RMI) with Form 
     I-94 or Form I-94A, or other documentation designated by the 
     Secretary of Homeland Security, indicating nonimmigrant 
     admission under the Compact of Free Association Between the 
     United States and the FSM or the RMI; or
       ``(VI) other document designated by the Secretary of 
     Homeland Security that--

       ``(aa) contains a photograph of the individual and 
     biometric identification data from the individual and such 
     other personal identifying information relating to the 
     individual as the Secretary specifies, by regulation, to be 
     sufficient for purposes of this clause;
       ``(bb) is evidence of authorization of employment in the 
     United States; and
       ``(cc) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(iii) Documents evidencing employment authorization.--A 
     document described in this clause is an individual's Social 
     Security account number card (other than such a card which 
     specifies on the face that the issuance of the card does not 
     authorize employment in the United States).
       ``(iv) Documents establishing identity of individual.--A 
     document described in this clause is--

       ``(I) an individual's unexpired State issued driver's 
     license or identification card if it contains a photograph 
     and personal information about the holder, such as name, date 
     of birth, gender, height, eye color, and address;
       ``(II) an individual's unexpired United States military 
     identification card;
       ``(III) an individual's unexpired Native American tribal 
     identification document issued by a tribal entity recognized 
     by the Bureau of Indian Affairs; or
       ``(IV) in the case of an individual who is younger than 18 
     years of age, a parent or legal guardian's attestation under 
     penalty of law as to the identity and age of the individual.

       ``(v) Authority to prohibit use of certain documents.--If 
     the Secretary of Homeland Security determines, by regulation, 
     that any document described in clause (i), (ii), or (iii) as 
     establishing employment authorization or identity does not 
     reliably establish such authorization or identity or is being 
     used fraudulently to an unacceptable degree, the Secretary 
     may prohibit or place conditions on its use for purposes of 
     this subparagraph.
       ``(vi) Signature.--An attestation required under clause (i) 
     may be manifested by a handwritten or electronic signature.
       ``(B) Individual attestation of employment authorization.--
       ``(i) In general.--During the verification period, the 
     individual shall attest, under penalty of perjury on the form 
     designated or established for purposes of subparagraph (A), 
     that the individual is--

       ``(I) a citizen or national of the United States;
       ``(II) an alien lawfully admitted for permanent residence; 
     or
       ``(III) an alien who is authorized under this Act or by the 
     Secretary of Homeland Security to be hired, recruited, or 
     referred for such employment.

       ``(ii) Identification number.--The individual shall submit 
     to the Secretary of Homeland Security--

       ``(I) the individual's Social Security account number or 
     United States passport number (if the individual claims to 
     have been issued such a number); or
       ``(II) if the individual does not attest to United States 
     nationality under this subparagraph, such identification or 
     authorization number established by the Department of 
     Homeland Security for the alien as the Secretary may specify.

       ``(iii) Signature.--An attestation required under clause 
     (i) may be manifested by a handwritten or electronic 
     signature.
       ``(C) Retention of verification form and verification.--
       ``(i) In general.--After submitting a form to the Secretary 
     of Homeland Security in accordance with subparagraphs (A) and 
     (B), the person or entity shall--

       ``(I) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during a period beginning on the 
     date of the recruiting or referral of the individual, or, in 
     the case of the hiring of an individual, the date on which 
     the verification is completed, and ending--

       ``(aa) in the case of the recruiting or referral of an 
     individual, that date that is 3 years after the date of the 
     recruiting or referral; and
       ``(bb) in the case of the hiring of an individual, the 
     later of--
       ``(AA) the date that is 3 years after the date on which the 
     verification is completed; or
       ``(BB) the date that is 1 year after the date on which the 
     individual's employment is terminated; and

       ``(II) during the verification period, make an inquiry, in 
     accordance with subsection (d), using the verification system 
     to seek verification of the identity and employment 
     eligibility of an individual.

       ``(ii) Confirmation.--

       ``(I) Confirmation received.--If the person or other entity 
     receives an appropriate confirmation of an individual's 
     identity and work eligibility under the verification system 
     within the period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a final confirmation of such 
     identity and work eligibility of the individual.
       ``(II) Tentative nonconfirmation received.--

       ``(aa) In general.--If the person or other entity receives 
     a tentative nonconfirmation of an individual's identity or 
     work eligibility under the verification system within the 
     specified period, the person or entity shall so inform the 
     individual for whom the verification is sought.
       ``(bb) No contest.--If the individual does not contest a 
     tentative nonconfirmation within the period specified--
       ``(AA) the nonconfirmation shall be considered final; and
       ``(BB) the person or entity shall record on the form an 
     appropriate code that has been provided under the system to 
     indicate a final nonconfirmation.
       ``(cc) Secondary verification.--If the individual contests 
     a tentative nonconfirmation--
       ``(AA) the individual shall utilize the process for 
     secondary verification provided under subsection (d); and
       ``(BB) the nonconfirmation will remain tentative until a 
     final confirmation or nonconfirmation is provided by the 
     verification system within the specified period.
       ``(dd) Limitation on termination.--An employer may not 
     terminate the employment of an individual because of a 
     failure of the individual to have identity and work 
     eligibility confirmed under this section until a 
     nonconfirmation becomes final. Nothing in this subclause 
     shall apply to a termination of employment for any reason 
     other than because of such a failure.
       ``(ee) Limitation on rescission.--An employer may not 
     rescind an offer of employment to an individual because of a 
     failure of the individual to have identity and work 
     eligibility confirmed under this subsection until a 
     nonconfirmation becomes final. Nothing in this subclause 
     shall apply to a recission of the offer of employment for any 
     reason other than because of such a failure.

       ``(III) Final confirmation or nonconfirmation received.--If 
     a final confirmation or nonconfirmation is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       ``(IV) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the specified 
     period and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(V) Consequences of nonconfirmation.--

       ``(aa) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonconfirmation

[[Page S1924]]

     regarding an individual, the person or entity may terminate 
     employment of the individual (or decline to recruit or refer 
     the individual). If the person or entity does not terminate 
     employment of the individual or proceeds to recruit or refer 
     the individual, the person or entity shall notify the 
     Secretary of Homeland Security of such fact through the 
     verification system or in such other manner as the Secretary 
     may specify.
       ``(bb) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under item (aa), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to such 
     individual.

       ``(VI) Continued employment after final nonconfirmation.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonconfirmation, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).

       ``(D) Effective dates of new procedures.--
       ``(i) Hiring.--Except as provided in clause (iii), this 
     paragraph shall apply to--

       ``(I) employers having at least 10,000 employees in the 
     United States as of the date of the enactment of the Secure 
     the Border Act of 2023 beginning on the date that is 6 months 
     after such date of enactment;
       ``(II) employers having at least 500 employees and fewer 
     than 10,000 employees in the United States as of the date of 
     the enactment of such Act beginning on the date that is 1 
     year after such date of enactment;
       ``(III) employers having at least 20 employees and fewer 
     than 500 employees in the United States as of the date of the 
     enactment of such Act beginning on the date that is 18 months 
     year after such date of enactment; and
       ``(IV) employers having at least 1 employee and fewer than 
     20 employees in the United States as of the date of the 
     enactment of such Act beginning on the date that is 2 years 
     after such date of enactment.

       ``(ii) Recruiting and referring.--Except as provided in 
     clause (iii), this paragraph shall apply to a person or other 
     entity recruiting or referring an individual for employment 
     in the United States beginning on the date that is 1 year 
     after the date of the enactment of the Secure the Border Act 
     of 2023.
       ``(iii) Agricultural labor or services.--

       ``(I) Defined term.--In this clause, the term `agricultural 
     labor or services'--

       ``(aa) has the meaning given such term by the Secretary of 
     Agriculture in regulations; and
       ``(bb) includes--
       ``(AA) agricultural labor (as defined in section 3121(g) of 
     the Internal Revenue Code of 1986);
       ``(BB) agriculture (as defined in section 3(f) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(f)));
       ``(CC) the handling, planting, drying, packing, packaging, 
     processing, freezing, or grading before delivery for storage 
     of any agricultural or horticultural commodity in its 
     unmanufactured state;
       ``(DD) all activities required for the preparation, 
     processing, or manufacturing of a product of agriculture (as 
     defined in such section 3(f)) for further distribution; and
       ``(EE) activities similar to the activities referred to in 
     subitems (AA) through (DD) as they relate to fish or 
     shellfish facilities.

       ``(II) In general.--With respect to an employee performing 
     agricultural labor or services, this paragraph shall not 
     apply with respect to the verification of the employee until 
     the date that is 3 years after the date of the enactment of 
     the Secure the Border Act of 2023.
       ``(III) Exclusion.--An employee described in this clause 
     may not be counted for purposes of clause (i).

       ``(iv) Extensions.--

       ``(I) Upon request.--The Secretary of Homeland Security 
     shall allow an employer having 50 or fewer employees to 
     submit a request to the Secretary before the effective date 
     under this subparagraph applicable to such employer, a 1-
     time, 6-month extension of such effective date.
       ``(II) Following report.--If the study conducted pursuant 
     to section 494 of the Secure the Border Act of 2023 has been 
     submitted in accordance with such section, the Secretary of 
     Homeland Security may extend the effective date under this 
     subparagraph on a 1-time basis for 12 months.

       ``(v) Transition rule.--Subject to paragraph (4), a person 
     or other entity hiring, recruiting, or referring an 
     individual for employment in the United States, until the 
     effective date or dates applicable under clauses (i) through 
     (iii), shall be subject to--

       ``(I) this subsection, as in effect before the date of the 
     enactment of the Secure the Border Act of 2023;
       ``(II) subtitle A of title IV of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), as in effect before the effective date set forth 
     in section 803(c)(1) of the Secure the Border Act of 2023; 
     and
       ``(III) any other provision of Federal law requiring the 
     person or entity to participate in the E-Verify Program 
     described in section 403(a) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note), as in effect before the effective date set forth in 
     section 803(c)(1) of the Secure the Border Act of 2023, 
     including Executive Order 13465 (8 U.S.C. 1324a note; 
     relating to Government procurement).

       ``(E) Defined term.--
       ``(i) In general.--In this paragraph, the term 
     `verification period' means--

       ``(I) in the case of recruitment or referral, the period 
     ending on the date on which recruiting or referring 
     commences; and
       ``(II) in the case of hiring, the period beginning on the 
     date on which an offer of employment is extended and ending 
     on--

       ``(aa) the date that is 3 business days after the date of 
     hire; or
       ``(bb) in the case of an alien who is authorized for 
     employment and provides evidence from the Social Security 
     Administration that the alien has applied for a Social 
     Security account number, the date that is 3 business days 
     after the alien receives the Social Security account number.
       ``(ii) Job offer may be conditional.--A person or other 
     entity may offer a prospective employee an employment 
     position that is conditioned on final verification of the 
     identity and employment eligibility of the employee using the 
     procedures established under this paragraph.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), a 
     person or entity shall make an inquiry in accordance with 
     subsection (d), using the verification system to seek 
     reverification of the identity and employment eligibility of 
     all individuals with a limited period of work authorization 
     employed by the person or entity during the 3 business days 
     after the date on which the employee's work authorization 
     expires.
       ``(B) Hiring.--Except as provided in subparagraph (C), 
     subparagraph (A) shall apply to--
       ``(i) employers having at least 10,000 employees in the 
     United States as of the date of the enactment of the Secure 
     the Border Act of 2023 beginning on the date that is 6 months 
     after such date of enactment;
       ``(ii) employers having at least 500 employees and fewer 
     than 10,000 employees in the United States as of the date of 
     the enactment of such Act beginning on the date that is 1 
     year after such date of enactment;
       ``(iii) employers having at least 20 employees and fewer 
     than 500 employees in the United States as of the date of the 
     enactment of such Act beginning on the date that is 18 months 
     year after such date of enactment; and
       ``(iv) employers having at least 1 employee and fewer than 
     20 employees in the United States as of the date of the 
     enactment of such Act beginning on the date that is 2 years 
     after such date of enactment.
       ``(C) Agricultural labor or services.--
       ``(i) Defined term.--In this clause, the term `agricultural 
     labor or services'--

       ``(I) has the meaning given such term by the Secretary of 
     Agriculture in regulations; and
       ``(II) includes--

       ``(aa) agricultural labor (as defined in section 3121(g) of 
     the Internal Revenue Code of 1986);
       ``(bb) agriculture (as defined in section 3(f) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(f)));
       ``(cc) the handling, planting, drying, packing, packaging, 
     processing, freezing, or grading before delivery for storage 
     of any agricultural or horticultural commodity in its 
     unmanufactured state;
       ``(dd) all activities required for the preparation, 
     processing, or manufacturing of a product of agriculture (as 
     defined in such section 3(f)) for further distribution; and
       ``(ee) activities similar to the activities referred to in 
     subitems (AA) through (DD) as they relate to fish or 
     shellfish facilities.
       ``(ii) In general.--With respect to an employee performing 
     agricultural labor or services, or an employee recruited or 
     referred by a farm labor contractor (as defined in section 3 
     of the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with 
     respect to the reverification of the employee until the date 
     that is 3 years after the date of the enactment of the Secure 
     the Border Act of 2023.
       ``(iii) Exclusion.--An employee described in this 
     subparagraph may not be counted for purposes of subparagraph 
     (A).
       ``(D) Reverification.--Paragraph (1)(C)(ii) shall apply to 
     reverifications pursuant to this paragraph on the same basis 
     as it applies to verifications pursuant to paragraph (1), 
     except that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make it available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date the reverification commences and ending on the date that 
     is the later of 3 years after the date of such reverification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(3) Previously hired individuals.--
       ``(A) On a mandatory basis for certain employees.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of the Secure the Border Act 
     of 2023, an employer shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     verification of the identity and employment eligibility of 
     any individual described in clause (ii) employed by the 
     employer whose employment eligibility has not been verified 
     under the E-Verify Program described in section 403(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note).

[[Page S1925]]

       ``(ii) Individuals described.--An individual described in 
     this clause is--

       ``(I) an employee of any unit of a Federal, State, or local 
     government;
       ``(II) an employee who requires a Federal security 
     clearance working in a Federal, State, or local government 
     building, a military base, a nuclear energy site, a weapons 
     site, or an airport or other facility that requires workers 
     to carry a Transportation Worker Identification Credential 
     (TWIC); or
       ``(III) an employee assigned to perform work in the United 
     States under a Federal contract, except that this subclause--

       ``(aa) is not applicable to individuals who have a 
     clearance under Homeland Security Presidential Directive 12 
     (HSPD 12 clearance), are administrative or overhead 
     personnel, or are working solely on contracts that provide 
     Commercial Off The Shelf goods or services as set forth by 
     the Federal Acquisition Regulatory Council, unless they are 
     subject to verification under subclause (II); and
       ``(bb) only applies to contracts over the simple 
     acquisition threshold as defined in section 2.101 of title 
     48, Code of Federal Regulations.
       ``(B) On a mandatory basis for multiple users of same 
     social security account number.--
       ``(i) In general.--An employer that is required under this 
     subsection to use the verification system described in 
     subsection (d), or has elected voluntarily to use such 
     system, shall make inquiries to the system in accordance with 
     clauses (ii) through (iv).
       ``(ii) Notification.--The Commissioner of Social Security 
     shall annually notify employees (at the employee address 
     listed on the Wage and Tax Statement) who submit a Social 
     Security account number to which more than 1 employer reports 
     income and for which there is a pattern of unusual multiple 
     use. The notification letter shall identify the number of 
     employers to which income is being reported and provide 
     sufficient information regarding the process to contact the 
     Social Security Administration Fraud Hotline if the employee 
     believes the employee's identity may have been stolen. The 
     notice shall not share information protected as private, in 
     order to avoid any recipient of the notice from being in the 
     position to further commit or begin committing identity 
     theft.
       ``(iii) Effect of fraudulent use.--If the person to whom 
     the Social Security account number was issued by the Social 
     Security Administration has been identified and confirmed by 
     the Commissioner, and indicates that the Social Security 
     account number was used without the person's knowledge, the 
     Secretary of Homeland Security and the Commissioner shall--

       ``(I) lock the Social Security account number for 
     employment eligibility verification purposes; and
       ``(II) notify the employers of any individuals who 
     wrongfully submitted the Social Security account number that 
     such individuals may not be authorized to work in the United 
     States.

       ``(iv) Use of verification system.--Each employer receiving 
     such notification of an incorrect Social Security account 
     number under clause (iii) shall use the verification system 
     described in subsection (d) to check the work eligibility 
     status of the applicable employee not later than 10 business 
     days after receiving such notification.
       ``(C) On a voluntary basis.--
       ``(i) In general.--Subject to subparagraphs (A) and (B) and 
     paragraph (2), beginning on the date that is 30 days after 
     the date of the enactment of the Secure the Border Act of 
     2023, an employer may make an inquiry pursuant to subsection 
     (d), using the verification system to seek verification of 
     the identity and employment eligibility of any individual 
     employed by the employer.
       ``(ii) Scope of verification.--If an employer voluntarily 
     chooses to seek verification of any individual employed by 
     the employer, the employer shall seek verification of all 
     individuals employed at the same geographic location or, at 
     the option of the employer, all individuals employed within 
     the same job category, as the employee with respect to whom 
     the employer seeks voluntarily to use the verification 
     system.
       ``(iii) Limitation.--An employer's decision about whether 
     or not voluntarily to seek verification of its current 
     workforce under this subparagraph may not be considered by 
     any government agency in any proceeding, investigation, or 
     review under this Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications under this paragraph on the same basis as it 
     applies to verifications under paragraph (1), except that 
     employers shall--
       ``(i) use a form designated or established by the Secretary 
     of Homeland Security, by regulation, for purposes of this 
     paragraph; and
       ``(ii) retain a paper or electronic version of the form and 
     make the form available for inspection by officers of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of Labor during the period beginning on the 
     date on which the verification commences and ending on the 
     date that is the later of--

       ``(I) 3 years after such verification commencement date; or
       ``(II) 1 year after the date on which the individual's 
     employment is terminated.

       ``(4) Early compliance.--
       ``(A) Former e-verify required users, including federal 
     contractors.--Notwithstanding the deadlines under paragraphs 
     (1) and (2), beginning on the date of the enactment of the 
     Secure the Border Act of 2023, the Secretary of Homeland 
     Security is authorized to commence requiring employers 
     required to participate in the E-Verify Program described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     including employers required to participate in such program 
     by reason of Federal acquisition laws (and regulations 
     promulgated under those laws, including the Federal 
     Acquisition Regulation), to commence compliance with the 
     requirements under this subsection (and any additional 
     requirements of such Federal acquisition laws and regulation) 
     in lieu of any requirement to participate in the E-Verify 
     Program.
       ``(B) Former e-verify voluntary users and others desiring 
     early compliance.--Notwithstanding the deadlines under 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of the Secure the Border Act of 2023, the Secretary 
     of Homeland Security shall provide for the voluntary 
     compliance with the requirements under this subsection by--
       ``(i) employers voluntarily electing to participate in the 
     E-Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) before such date; and
       ``(ii) other employers seeking voluntary early compliance.
       ``(5) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, the person or entity may copy a 
     document presented by an individual pursuant to this 
     subsection and may retain such copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements under this subsection.
       ``(6) Limitation on use of forms.--A form designated or 
     established by the Secretary of Homeland Security under this 
     subsection and any information contained in or appended to 
     such form, may not be used for purposes other than for 
     enforcement of this Act and any other provision of Federal 
     criminal law.
       ``(7) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, a person or entity is considered to have complied 
     with a requirement under this subsection, notwithstanding a 
     technical or procedural failure to meet such requirement, if 
     there was a good faith attempt to comply with such 
     requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the failure is not de minimus;
       ``(ii) the Secretary of Homeland Security has explained to 
     the person or entity the basis for the failure and why it is 
     not de minimus;
       ``(iii) the person or entity has been provided a period of 
     not less than 30 days, beginning on the date of the 
     explanation described in clause (ii), within which to correct 
     the failure; and
       ``(iv) the person or entity has not corrected the failure 
     within such period.
       ``(C) Exception for pattern or practice violators.--
     Subparagraph (A) shall not apply to a person or entity that 
     has engaged or is engaging in a pattern or practice of 
     violations of paragraph (1)(A) or (2) of subsection (a).
       ``(8) Single extension of deadlines upon certification.--If 
     the Secretary of Homeland Security certifies to Congress that 
     the employment eligibility verification system required under 
     subsection (d) will not be fully operational by the date that 
     is 6 months after the date of the enactment of the Secure the 
     Border Act of 2023, each deadline established under this 
     subsection for an employer to make an inquiry using such 
     system shall be extended by 6 months. No other extension of 
     such a deadline shall be made except as authorized under 
     paragraph (1)(D)(iv).''.
       (b) Date of Hire.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at 
     the end the following:
       ``(4) Definition of date of hire.--In this section, the 
     term `date of hire' means the date of commencement of 
     employment for wages or other remuneration, unless otherwise 
     specified.''.

     SEC. 582. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer an employment 
     eligibility verification system (referred to in this 
     subsection as the `System') through which the Secretary (or a 
     designee of the Secretary, which may be a nongovernmental 
     entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free electronic media concerning an 
     individual's identity and whether the individual is 
     authorized to be employed in the United States; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to

[[Page S1926]]

     inquirers as evidence of their compliance with their 
     obligations under this section.
       ``(2) Initial response.--Not later than 3 business days 
     after the receipt of an initial inquiry described in 
     paragraph (1)(A), the System shall provide--
       ``(A) confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility; and
       ``(B) an appropriate code indicating such confirmation or 
     such nonconfirmation.
       ``(3) Secondary verification process in case of tentative 
     nonconfirmation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 10 business days after the date on which a 
     notice of tentative nonconfirmation is received by an 
     employee, the Secretary, in consultation with the 
     Commissioner of Social Security, shall specify an available 
     secondary verification process--
       ``(i) to confirm the validity of the information provided; 
     and
       ``(ii) to provide a final confirmation or nonconfirmation.
       ``(B) Extension.--The Secretary, in consultation with the 
     Commissioner--
       ``(i) may extend the deadline set forth in subparagraph 
     (A), on a case-by-case basis, for a period of 10 business 
     days; and
       ``(ii) if such deadline is extended--

       ``(I) shall document such extension within the System; and
       ``(II) shall notify the employee and employer of such 
     extension.

       ``(C) Extension process.--The Secretary, in consultation 
     with the Commissioner, shall--
       ``(i) establish a standard process for--

       ``(I) considering extensions authorized under subparagraph 
     (B)(i); and
       ``(II) notifying employees and employers of such extension 
     pursuant to subparagraph (B)(ii)(II); and

       ``(ii) make a description of such process available to the 
     public.
       ``(D) Code.--The System shall provide an appropriate code 
     indicating confirmation or nonconfirmation.
       ``(4) Design and operation of system.--The System shall be 
     designed and operated--
       ``(A) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(B) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(C) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(D) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       ``(i) the selective or unauthorized use of the system to 
     verify eligibility; or
       ``(ii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(E) to maximize the prevention of identity theft use in 
     the system; and
       ``(F) to limit the subjects of verification to--
       ``(i) individuals hired, referred, or recruited, in 
     accordance with paragraph (1) or (4) of subsection (b);
       ``(ii) employees and prospective employees, in accordance 
     with paragraph (1), (2), (3), or (4) of subsection (b); and
       ``(iii) individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--
       ``(A) In general.--As part of the System, the Commissioner 
     of Social Security, in consultation with the Secretary of 
     Homeland Security (and any designee of the Secretary selected 
     to establish and administer the System), shall establish a 
     reliable, secure method, which, within the time periods 
     specified in paragraphs (2) and (3), compares the name and 
     Social Security account number provided in an inquiry against 
     such information maintained by the Commissioner in order to 
     validate (or not validate)--
       ``(i) the information provided regarding an individual 
     whose identity and employment eligibility is being confirmed;
       ``(ii) the correspondence of the name and number; and
       ``(iii) whether the individual has presented a Social 
     Security account number that is not valid for employment.
       ``(B) Limitation on disclosure.--The Commissioner may not 
     disclose or release Social Security information (other than 
     such confirmation or nonconfirmation) under the System except 
     as provided for in this section or section 205(c)(2)(I) of 
     the Social Security Act (42 U.S.C. 405(c)(2)(I)).
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the System, the Secretary of Homeland Security (in 
     consultation with any designee of the Secretary selected to 
     establish and administer the System), shall establish a 
     reliable, secure method, which, within the time periods 
     specified in paragraphs (2) and (3), compares the name and 
     alien identification or authorization number (or any other 
     information as determined relevant by the Secretary) which 
     are provided in an inquiry against such information 
     maintained or accessed by the Secretary in order to validate 
     (or not validate)--
       ``(A) the information provided;
       ``(B) the correspondence of the name and number;
       ``(C) whether the alien is authorized to be employed in the 
     United States; or
       ``(D) to the extent that the Secretary determines to be 
     feasible and appropriate, whether the records available to 
     the Secretary verify the identity or status of a national of 
     the United States.
       ``(7) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall--
       ``(A) update information in the System in a manner that 
     promotes the maximum accuracy; and
       ``(B) provide a process for the prompt correction of 
     erroneous information, including instances in which errors 
     are brought to their attention in the secondary verification 
     process described in paragraph (3).
       ``(8) Limitation on use of the system and any related 
     systems.--
       ``(A) No national identification card.--Nothing in this 
     section may be construed to authorize (directly or 
     indirectly) the issuance or use of national identification 
     cards or the establishment of a national identification card.
       ``(B) Critical infrastructure.--The Secretary of Homeland 
     Security may authorize or direct any person or entity 
     responsible for granting access to, protecting, securing, 
     operating, administering, or regulating part of the critical 
     infrastructure (as defined in section 1016(e) of the Critical 
     Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) 
     to use the System to the extent the Secretary determines that 
     such use will assist in the protection of the critical 
     infrastructure.
       ``(9) Remedies.--If an individual alleges that the 
     individual would not have been dismissed from a job or would 
     have been hired for a job but for an error of the System, the 
     individual may seek compensation only in accordance with 
     chapter 171 of title 28, United States Code (commonly known 
     as the `Federal Tort Claims Act', and injunctive relief to 
     correct such error. No class action may be brought under this 
     paragraph.''.

     SEC. 583. RECRUITMENT, REFERRAL, AND CONTINUATION OF 
                   EMPLOYMENT.

       (a) Additional Changes to Rules for Recruitment, Referral, 
     and Continuation of Employment.--Section 274A(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(a)) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``or to recruit or 
     refer for a fee,'' and inserting ``recruit, or refer''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements under subsection (b).''; and
       (2) in paragraph (2), by striking ``after hiring an alien 
     for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''.
       (b) Defined Term.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)), as amended by section 
     581(b), is further amended by adding at the end the 
     following:
       ``(5) Definitions of recruit and refer.--
       ``(A) Recruit.--In this section, the term `recruit'--
       ``(i) means the act of soliciting a person who is in the 
     United States, directly or indirectly, and referring the 
     person to another with the intent of obtaining employment for 
     that person;
       ``(ii) except as provided in clause (iii), only includes 
     persons or entities referring for remuneration (whether on a 
     retainer or contingency basis); and
       ``(iii) includes--

       ``(I) union hiring halls that refer union members or 
     nonunion individuals who pay union membership dues, whether 
     or not such halls receive remuneration; and
       ``(II) labor service entities or labor service agencies, 
     whether public, private, for-profit, or nonprofit, that 
     recruit, dispatch, or otherwise facilitate the hiring of 
     laborers for any period of time by a third party.

       ``(B) Refer.--In this section, the term `refer'--
       ``(i) means the act of sending or directing a person who is 
     in the United States or transmitting documentation or 
     information to another, directly or indirectly, with the 
     intent of obtaining employment in the United States for such 
     person;
       ``(ii) except as provided in clause (iii), only includes 
     persons or entities referring for remuneration (whether on a 
     retainer or contingency basis); and
       ``(iii) includes--

       ``(I) union hiring halls that refer union members or 
     nonunion individuals who pay union membership dues, whether 
     or not such halls receive remuneration; and
       ``(II) labor service entities or labor service agencies, 
     whether public, private, for-profit, or nonprofit, that 
     refer, dispatch, or otherwise facilitate the hiring of 
     laborers for any period of time by a third party.''.

       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     that is 1 year after the date of the enactment of this Act.
       (2) Exception.--The amendments made by subsection (a) shall 
     take effect on the date that is 6 months after the date of 
     the enactment of this Act to the extent such amendments 
     relate to continuation of employment.

[[Page S1927]]

  


     SEC. 584. GOOD FAITH DEFENSE.

       Section 274A(a)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
       ``(3) Good faith defense.--
       ``(A) Defense.--An employer (or a person or entity that 
     hires, employs, recruits, refers, or is otherwise obligated 
     to comply with this section) that establishes good faith 
     compliance with the requirements under subsection (b)--
       ``(i) shall not be liable to a job applicant, an employee, 
     the Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law for any 
     employment-related action taken with respect to a job 
     applicant or employee in good-faith reliance on information 
     provided through the verification system established pursuant 
     to subsection (d); and
       ``(ii) has established compliance with the employer's 
     obligations under subparagraphs (A) and (B) of paragraph (1) 
     and subsection (b) absent a showing by the Secretary of 
     Homeland Security, by clear and convincing evidence, that the 
     employer had knowledge that an employee is an unauthorized 
     alien.
       ``(B) Mitigation element.--For purposes of subparagraph 
     (A)(i), if an employer proves, by a preponderance of the 
     evidence, that the employer used a reasonable, secure, and 
     established technology to authenticate the identity of the 
     new employee, that fact shall be taken into account for 
     purposes of determining good faith use of the verification 
     system established pursuant to subsection (d).
       ``(C) Failure to seek and obtain verification.--
       ``(i) In general.--Subject to the effective dates and other 
     deadlines applicable under subsection (b), a person or entity 
     in the United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, shall be subject to the requirements set forth in 
     clauses (ii) and (iii).
       ``(ii) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry through the verification system established pursuant 
     subsection (d) and in accordance with the timeframes 
     established under subsection (b), seeking verification of the 
     identity and work eligibility of the individual, the defense 
     under subparagraph (A) shall not be considered to apply with 
     respect to any employment, except as provided in subclause 
     (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If the person or entity attempts to make an 
     inquiry in good faith in order to qualify for the defense 
     under subparagraph (A) and the verification system registers 
     that not all inquiries were responded to during the relevant 
     time, the person or entity can make an inquiry until the end 
     of the first subsequent business day in which the 
     verification mechanism registers no nonresponses and qualify 
     for such defense.

       ``(iii) Failure to obtain verification.--If the person or 
     entity made the inquiry described in clause (i)(I), but did 
     not receive an appropriate verification of such identity and 
     work eligibility from the verification system within the time 
     period specified in subsection (d)(2) after the verification 
     inquiry was received, the defense under subparagraph (A) 
     shall not be considered to apply with respect to any 
     employment after the end of such period.''.

     SEC. 585. PREEMPTION AND STATES' RIGHTS.

       Section 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended to read as follows:
       ``(2) Preemption.--
       ``(A) Single, national policy.--The provisions under this 
     section preempt any State or local law, ordinance, policy, or 
     rule, including any criminal or civil fine or penalty 
     structure, to the extent they may relate to the hiring, 
     continued employment, or status verification for employment 
     eligibility purposes, of unauthorized aliens.
       ``(B) State enforcement of federal law.--
       ``(i) Business licensing.--A State, locality, municipality, 
     or political subdivision may exercise its authority over 
     business licensing and similar laws as a penalty for failure 
     to use the verification system described in subsection (d) to 
     verify employment eligibility in accordance with subsection 
     (b).
       ``(ii) General rules.--

       ``(I) State enforcement.--A State, at its own cost, may 
     enforce the provisions of this section if such State--

       ``(aa) complies with any Federal regulations, rules, and 
     guidance implementing this section; and
       ``(bb) applies the Federal penalty structure required under 
     this section.

       ``(II) Fines.--A State described in subclause (I) may 
     collect any fines assessed under this section.
       ``(III) Double jeopardy.--An employer may not be subject to 
     enforcement, including audit and investigation, by a Federal 
     agency and a State for the same violation under this section. 
     The government entity that first initiates such an 
     enforcement action has the right of first refusal to proceed 
     with the enforcement action.
       ``(IV) Guidance, training, and field instructions.--The 
     Secretary of Homeland Security shall provide copies of all 
     guidance, training, and field instructions that are available 
     to Federal officials enforcing the provisions of this section 
     to each State.''.

     SEC. 586. REPEAL.

       (a) In General.--Subtitle A of title IV of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is repealed.
       (b) References.--Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of, or pertaining to, the 
     Department of Homeland Security, Department of Justice, or 
     the Social Security Administration, to the employment 
     eligibility confirmation system established under section 404 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
     refer to the employment eligibility verification system 
     established under section 274A(d) of the Immigration and 
     Nationality Act, as amended by section 582.
       (c) Effective Date.--This section shall take effect on the 
     date that is 30 months after the date of the enactment of 
     this Act.
       (d) Clerical Amendment.--The table of contents in section 
     1(d) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, is amended by striking the items 
     relating to subtitle A of title IV.

     SEC. 587. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (ii) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (B) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in the matter before clause (i), by inserting ``, 
     subject to paragraph (10),'' after ``in an amount'';
       (II) in clause (i), by striking ``not less than $250 and 
     not more than $2,000'' and inserting ``not less than $2,500 
     and not more than $5,000'';
       (III) in clause (ii), by striking ``not less than $2,000 
     and not more than $5,000'' and inserting ``not less than 
     $5,000 and not more than $10,000'';
       (IV) in clause (iii), by striking ``not less than $3,000 
     and not more than $10,000'' and inserting ``not less than 
     $10,000 and not more than $25,000''; and

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (C) in paragraph (5)--
       (i) in the paragraph heading, by striking ``paperwork'';
       (ii) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (iii) by striking ``$100 and not more than $1,000'' and 
     inserting ``$1,000 and not more than $25,000''; and
       (iv) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system in accordance with this section, or 
     providing information to the system that the person or entity 
     knows or reasonably believes to be false, shall be treated as 
     a violation of subsection (a)(1)(A).''; and
       (D) by adding at the end the following:
       ``(10) Waiver or reduction of penalty for good faith 
     violation.--In the case of imposition of a civil penalty 
     under paragraph (4)(A) with respect to a violation of 
     paragraph (1)(A) or (2) of subsection (a) for hiring or 
     continuation of employment or recruitment or referral by 
     person or entity and in the case of imposition of a civil 
     penalty under paragraph (5) for a violation of subsection 
     (a)(1)(B) for hiring or recruitment or referral by a person 
     or entity, the penalty otherwise imposed may be waived or 
     reduced if the violator establishes that the violator acted 
     in good faith.
       ``(11) Mitigation element.--For purposes of paragraph (4), 
     the size of the business shall be taken into account when 
     assessing the level of civil money penalty.
       ``(12) Authority to debar employers for certain 
     violations.--
       ``(A) In general.--If a person or entity is determined by 
     the Secretary of Homeland Security to be a repeat violator of 
     paragraph (1)(A) or (2) of subsection (a), or is convicted of 
     a crime under this section, such person or entity may be 
     considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the debarment standards and pursuant to the debarment 
     procedures set forth in the Federal Acquisition Regulation.
       ``(B) Does not have contract, grant, agreement.--If the 
     Secretary of Homeland Security or the Attorney General 
     determines that a person or entity should be considered for 
     debarment under subparagraph (A), and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or the Attorney General shall refer 
     the matter to the Administrator of General Services to 
     determine--
       ``(i) whether to list the person or entity on the List of 
     Parties Excluded from Federal Procurement; and
       ``(ii) if so listed, the duration and scope of such 
     exclusion.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General determines that a 
     person or entity should be considered for debarment under 
     subparagraph (A), and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     the Attorney General--

[[Page S1928]]

       ``(i) shall advise all Federal agencies or departments 
     holding a contract, grant, or cooperative agreement with such 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment; and
       ``(ii) after soliciting and considering the views of all 
     such agencies and departments, may refer the matter to any 
     appropriate lead agency to determine--

       ``(I) whether to list the person or entity on the List of 
     Parties Excluded from Federal Procurement; and
       ``(II) if so listed, the duration and scope of such 
     exclusion.

       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable under part 
     9.4 of the Federal Acquisition Regulation.
       ``(13) Office for state and local government complaints.--
     The Secretary of Homeland Security shall establish an 
     office--
       ``(A) to which State and local government agencies may 
     submit information indicating potential violations of 
     subsection (a), (b), or (g)(1) that were generated in the 
     normal course of law enforcement or the normal course of 
     other official activities in the State or locality; and
       ``(B) that is required--
       ``(i) to indicate to the complaining State or local agency 
     not later than 5 business days after such a complaint is 
     filed by identifying whether the Secretary will further 
     investigate the information provided;
       ``(ii) to investigate complaints filed by State or local 
     government agencies that, on their face, have a substantial 
     probability of validity;
       ``(iii) to notify the complaining State or local agency of 
     the results of any such investigation conducted; and
       ``(iv) to submit an annual report to Congress that 
     identifies--

       ``(I) the number of complaints received under this 
     paragraph during the reporting period;
       ``(II) the States and localities that filed such 
     complaints; and
       ``(III) the resolution of any complaints that were 
     investigated by the Secretary.''; and

       (2) in subsection (f), by amending paragraph (1) to read as 
     follows:
       ``(1) Criminal penalty.--Notwithstanding any other Federal 
     law relating to fine levels, any person or entity that 
     engages in a pattern or practice of violations of paragraph 
     (1) or (2) of subsection (a) shall be fined not more than 
     $5,000 for each unauthorized alien with respect to which such 
     a violation occurs, imprisoned for not more than 18 months, 
     or both.''.

     SEC. 588. FRAUD AND MISUSE OF DOCUMENTS.

       Section 1546(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``or document meant to 
     establish work authorization (including any document 
     described in section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b))),'' after 
     ``identification document''; and
       (2) in paragraph (2), by inserting ``or document meant to 
     establish work authorization (including any document 
     described in section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b))),'' after 
     ``identification document''.

     SEC. 589. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall enter 
     into and maintain annual agreements, for fiscal year 2024 and 
     each subsequent fiscal year, which--
       (1) provides funds to the Commissioner for the full costs 
     of the responsibilities of the Commissioner under section 
     274A(d) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(d)), as amended by section 582, including--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems necessary for the fulfillment of the 
     responsibilities of the Commissioner under such section 
     274A(d), but only that portion of such costs that are 
     attributable exclusively to such responsibilities; and
       (B) responding to individuals who contest a tentative 
     nonconfirmation provided by the employment eligibility 
     verification system established under such section;
       (2) provides the funds described in paragraph (1) annually 
     in advance of the applicable quarter based on estimating 
     methodology agreed to by the Commissioner and the Secretary 
     (except when the delayed enactment of an annual appropriation 
     may preclude such quarterly payments); and
       (3) requires an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under the 
     agreement, which shall be reviewed by the Inspector General 
     of the Social Security Administration and the Inspector 
     General of the Department of Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--
       (1) In general.--If an agreement required under subsection 
     (a) for any fiscal year does not take effect by the first day 
     of such fiscal year--
       (A) the Commissioner of Social Security and the Secretary 
     of Homeland Security shall immediately notify the Committee 
     on Finance of the Senate, the Committee on the Judiciary of 
     the Senate, the Committee on Appropriations of the Senate, 
     the Committee on Ways and Means of the House of 
     Representatives, the Committee on the Judiciary of the House 
     of Representatives, and the Committee on Appropriations of 
     the House of Representatives of the failure to reach the 
     agreement required under subsection (a) for such fiscal year; 
     and
       (B) the most recent agreement between the Commissioner and 
     the Secretary of Homeland Security providing funding for the 
     costs incurred by the Commissioner to implement section 
     274A(d) of the Immigration and Nationality Act, as amended by 
     section 582, shall be deemed in effect on an interim basis 
     for such fiscal year until the new agreement required under 
     subsection (a) takes effect, except that the terms of such 
     interim agreement shall be modified by the Director of the 
     Office of Management and Budget to adjust for inflation and 
     any increase or decrease in the volume of requests under the 
     employment eligibility verification system.
       (2) Status reports.--Not less frequently than quarterly 
     while an interim agreement described in paragraph (1)(B) is 
     in effect, the Commissioner and the Secretary shall notify 
     the congressional committees listed in paragraph (1)(A) of 
     the status of negotiations between the Commissioner and the 
     Secretary in order to reach a new agreement for the current 
     fiscal year.

     SEC. 590. FRAUD PREVENTION.

       (a) Blocking Misused Social Security Account Numbers.--The 
     Secretary of Homeland Security, in consultation with the 
     Commissioner of Social Security, shall establish a program in 
     which Social Security account numbers that have been subject 
     to unusual multiple use in the employment eligibility 
     verification system established pursuant to section 274A(d) 
     of the Immigration and Nationality Act, as amended by section 
     582, or that are otherwise suspected or determined to have 
     been compromised by identity fraud or other misuse, shall be 
     blocked from use for such system purposes unless the 
     individual using such number is able to establish, through 
     secure and fair additional security procedures, that the 
     individual is the legitimate holder of such number.
       (b) Allowing Suspension of Use of Certain Social Security 
     Account Numbers.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program that provides a reliable, secure method 
     by which victims of identity fraud and other individuals may 
     suspend or limit the use of their Social Security account 
     number or other identifying information for purposes of the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act, as 
     amended by section 582. The Secretary may implement such 
     program on a limited pilot program basis before making it 
     fully available to all individuals.
       (c) Allowing Parents To Prevent Theft of Their Children's 
     Identity.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program that provides a reliable, secure method 
     by which parents or legal guardians may suspend or limit the 
     use of the Social Security account number or other 
     identifying information of a minor under their care for the 
     purposes of the employment eligibility verification system 
     established under 274A(d) of the Immigration and Nationality 
     Act, as amended by section 582. The Secretary may implement 
     such program on a limited pilot program basis before making 
     it fully available to all individuals.

     SEC. 591. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO 
                   TOOL.

       An employer who uses the photo matching tool used as part 
     of the E-Verify System shall match the photo tool photograph 
     to--
       (1) the photograph on the identity or employment 
     eligibility document provided by the employee; and
       (2) the face of the employee submitting the document for 
     employment verification purposes.

     SEC. 592. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, after consultation with the Commissioner of Social 
     Security and the Director of the National Institute of 
     Standards and Technology, shall establish, by regulation, not 
     less than 2 identity authentication employment eligibility 
     verification pilot programs (referred to in this section as 
     ``Authentication Pilots''), each of which shall use a 
     separate and distinct technology.
       (b) Purpose.--The purpose of the Authentication Pilots 
     shall be to provide for identity authentication and 
     employment eligibility verification with respect to enrolled 
     new employees. Such services shall be available to any 
     employer that elects to participate in any of the 
     Authentication Pilots. Any participating employer may cancel 
     the employer's participation in an Authentication Pilot on or 
     after the date that is 1 year after electing to participate 
     without prejudice to future participation.
       (c) Report.--Not later than 1 year after the commencement 
     of the Authentication Pilots under this section, the 
     Secretary of Homeland Security shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives that includes--
       (1) the Secretary's assessment of the effectiveness of the 
     Authentication Pilots; and
       (2) the authentication technology chosen for each 
     Authentication Pilot.

[[Page S1929]]

  


     SEC. 593. INSPECTOR GENERAL AUDITS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Inspector General of the 
     Social Security Administration shall seek to uncover evidence 
     of individuals who are not authorized to work in the United 
     States by completing audits of--
       (1) workers who dispute wages reported on their Social 
     Security account number when they believe someone else has 
     used such number and name to report wages;
       (2) minor's Social Security account numbers used for work 
     purposes; and
       (3) employers whose workers present significant numbers of 
     mismatched Social Security account numbers or names for wage 
     reporting.
       (b) Submission of Finding.--The Inspector General of the 
     Social Security Administration shall submit the findings of 
     the audits completed pursuant to subsection (a) to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives for review of the 
     evidence of individuals who are not authorized to work in the 
     United States.
       (c) Investigation.--The Chair of each of the congressional 
     committees referred to in subsection (b) shall determine 
     whether the evidence received from the Inspector General 
     pursuant to subsection (b) should be shared with the 
     Secretary of Homeland Security to enable the Secretary to 
     investigate the unauthorized employment demonstrated by such 
     evidence.

     SEC. 594. AGRICULTURE WORKFORCE STUDY.

       Not later than 3 years after the date of the enactment of 
     this Act, the Secretary of Homeland Security, in consultation 
     with the Secretary of Agriculture, shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that includes--
       (1) the number of individuals in the agricultural 
     workforce;
       (2) the number of United States citizens in the 
     agricultural workforce;
       (3) the number of aliens in the agricultural workforce who 
     are authorized to work in the United States;
       (4) the number of aliens in the agricultural workforce who 
     are not authorized to work in the United States;
       (5) wage growth in each of the previous ten years, 
     disaggregated by agricultural sector;
       (6) the percentage of total agricultural industry costs 
     represented by agricultural labor during each of the last 10 
     years;
       (7) the percentage of agricultural costs invested in 
     mechanization during each of the last 10 years; and
       (8) recommendations (other than a path to legal status for 
     aliens not authorized to work in the United States) for 
     ensuring that United States agricultural employers have a 
     workforce sufficient to cover industry needs, including 
     recommendations--
       (A) to increase investments in mechanization;
       (B) to increase the domestic workforce; and
       (C) to reform the H-2A nonimmigrant visa program.

     SEC. 595. SENSE OF CONGRESS ON FURTHER IMPLEMENTATION.

       It is the sense of Congress that in implementing the E-
     Verify Program, the Secretary of Homeland Security should 
     ensure that any adverse impact on the Nation's agricultural 
     workforce, operations, and food security are considered and 
     addressed.

     SEC. 596. REPEALING REGULATIONS.

       (a) In General.--Congress disapproves the final rules 
     relating to ``Temporary Agricultural Employment of H-2A 
     Nonimmigrants in the United States'' (87 Fed. Reg. 61660 
     (Oct. 12, 2022)) and to ``Adverse Effect Wage Rate 
     Methodology for the Temporary Employment of H-2A 
     Nonimmigrants in Non-Range Occupations in the United States'' 
     (88 Fed. Reg. 12760 (Feb. 28, 2023)) and such rules shall 
     have no force or effect.
       (b) Reissuance Prohibited.--The rules referred to in 
     subsection (a) may not be reissued in substantially the same 
     form. Any new rules that are substantially the same as such 
     rules may not be issued.
                                 ______
                                 
  SA 111. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Beginning on page 9, strike line 22 and all that follows 
     through page 11, line 17, and insert the following:
       (e) Additional Spending Limits.--For purposes
                                 ______
                                 
  SA 112. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike title I of division B and insert the following:

                TITLE I--RESCISSION OF UNOBLIGATED FUNDS

     SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS.

       The unobligated balances of amounts appropriated or 
     otherwise made available by the American Rescue Plan Act of 
     2021 (Public Law 117-2), and by each of Public Laws 116-123, 
     116-127, 116-136, and 116-139 and divisions M and N of Public 
     Law 116-260, are hereby permanently rescinded.
                                 ______
                                 
  SA 113. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike section 265.
                                 ______
                                 
  SA 114. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.

       Section 2718(e) of the Public Health Service Act (42 U.S.C. 
     300gg-18(e)) is amended--
       (1) by striking ``Each hospital'' and inserting the 
     following:
       ``(1) In general.--Each hospital'';
       (2) by inserting ``, in accordance with paragraph (2)'', 
     after ``for each year''; and
       (3) by adding at the end the following:
       ``(2) Timing requirements.--
       ``(A) In general.--Each hospital operating in the United 
     States on the date of enactment of the Fiscal Responsibility 
     Act of 2023 shall, not later than 6 months after such date of 
     enactment and every year thereafter, establish (and update) 
     and make public the list under paragraph (1).
       ``(B) Newly operating hospitals.--In the case of a hospital 
     that begins operating in the United States after the date of 
     enactment of the Fiscal Responsibility Act of 2023, the 
     hospital shall comply with the requirements described in 
     subparagraph (A) not later than 6 months after the date on 
     which the hospital begins such operation and every year 
     thereafter.
       ``(3) Prohibition on shielding information.--No hospital 
     may shield the information required under paragraph (1) from 
     online search results through webpage coding.
       ``(4) Civil monetary penalties.--
       ``(A) In general.--A hospital that fails to comply with the 
     requirements of this subsection for a year shall be subject 
     to a civil monetary penalty of an amount not to exceed--
       ``(i) in the case of a hospital with a bed count of 30 or 
     fewer, $600 for each day in which the hospital fails to 
     comply with such requirements;
       ``(ii) in the case of a hospital with a bed count that is 
     greater than 30 and equal to or fewer than 550, $20 per bed 
     for each day in which the hospital fails to comply with such 
     requirements; or
       ``(iii) in the case of a hospital with a bed count that is 
     greater than 550, $11,000 for each day in which the hospital 
     fails to comply with such requirements.
       ``(B) Procedures.--
       ``(i) In general.--Except as otherwise provided in this 
     subsection, a civil monetary penalty under subparagraph (A) 
     shall be imposed and collected in accordance with part 180 of 
     title 45, Code of Federal Regulations (or successor 
     regulations).
       ``(ii) Timing.--A hospital shall pay in full a civil 
     monetary penalty imposed on the hospital under subparagraph 
     (A) not later than--

       ``(I) 60 calendar days after the date on which the 
     Secretary issues a notice of the imposition of such penalty; 
     or
       ``(II) in the event the hospital requests a hearing 
     pursuant to subpart D of part 180 of title 45, Code of 
     Federal Regulations (or successor regulations), 60 calendar 
     days after the date of a final and binding decision in 
     accordance with such subpart, to uphold, in whole or in part, 
     the civil monetary penalty.

       ``(5) List of hospitals not in compliance.--The Secretary 
     shall publish a list of the name of each hospital that is not 
     in compliance with the requirements under this subsection. 
     Such list shall be published 280 days after the date of 
     enactment of the Fiscal Responsibility Act of 2023 and every 
     180 days thereafter.''.
                                 ______
                                 
  SA 115. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVING COORDINATION BETWEEN FEDERAL AND STATE 
                   AGENCIES AND THE DO NOT PAY WORKING SYSTEM.

       (a) In General.--Section 205(r) of the Social Security Act 
     (42 U.S.C. 405(r)), as amended by section 801(a) of title 
     VIII of division FF of the Consolidated Appropriations Act, 
     2021 (Public Law 116-260), is amended by adding at the end 
     the following new paragraph:
       ``(12) Beginning December 28, 2026, the Commissioner of 
     Social Security shall, to the extent feasible, provide 
     information furnished to the Commissioner under paragraph (1) 
     to the agency operating the Do Not Pay working system 
     described in section 3354(c) of title 31, United States Code, 
     or an agent thereof, to prevent improper payments to deceased 
     individuals through a cooperative arrangement with such 
     agency, provided that the requirements of subparagraphs (A) 
     and (B) of paragraph (3) are met with respect to

[[Page S1930]]

     such arrangement with such agency. Under such arrangement, 
     the agency operating the Do Not Pay working system, or an 
     agent thereof, may compare the information so provided by the 
     Commissioner with personally identifiable information derived 
     from a Federal system of records or similar records 
     maintained by a Federal contractor, a Federal grantee, or an 
     entity administering a Federal program or activity, and may 
     redisclose such comparison of information, as appropriate, to 
     any paying or administering agency authorized to use the 
     working system.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on December 27, 2023.
                                 ______
                                 
  SA 116. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF THE DEATH MASTER FILE AND THE DO NOT PAY 
                   WORKING SYSTEM TO MATCH SAVINGS BONDS TO 
                   OWNERS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Treasury may access the Death 
     Master File (as such term is defined in section 203(d) of the 
     Bipartisan Budget Act of 2013 (42 U.S.C. 1306c(d))) or the Do 
     Not Pay working system described in section 3354(c) of title 
     31, United States Code, for the purpose of locating the 
     registered owner of an applicable United States savings bond.
       (b) Applicable United States Savings Bond.--For purposes of 
     this section, the term ``applicable United States savings 
     bond'' means a United States savings bond that--
       (1) is past its date of final maturity;
       (2) is--
       (A) in paper form; or
       (B) is in paperless or electronic form and for which--
       (i) there is no designated bank account or routing 
     information; or
       (ii) the designated bank account or routing information is 
     incorrect; and
       (3) has not been redeemed.
                                 ______
                                 
  SA 117. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       In title II of division C, add at the end the following:

     SEC. 315. DEFINITION OF FOOD UNDER SNAP.

       Section 3(k)(1) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2012(k)(1)) is amended by inserting ``carbonated 
     beverages containing added sugar,'' before ``hot foods''.
                                 ______
                                 
  SA 118. Ms. LUMMIS submitted an amendment intended to be proposed by 
her to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATIONAL COMMISSION ON FISCAL RESPONSIBILITY AND 
                   REFORM.

       (a) Short Title.--This section may be cited as the 
     ``Sustainable Budget Act of 2023''.
       (b) Establishment of Commission.--
       (1) Definitions.--In this subsection:
       (A) Commission.--The term ``Commission'' means the National 
     Commission on Fiscal Responsibility and Reform established 
     under paragraph (2).
       (B) Federal agency.--The term ``Federal agency'' means an 
     establishment in the executive, legislative, or judicial 
     branch of the Federal Government.
       (2) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, there shall be established 
     within the legislative branch a commission to be known as the 
     National Commission on Fiscal Responsibility and Reform.
       (3) Membership.--
       (A) Composition of commission.--The Commission shall be 
     composed of 18 members, of whom--
       (i) 6 shall be appointed by the President, of whom not more 
     than 3 shall be from the same political party;
       (ii) 3 shall be appointed by the majority leader of the 
     Senate, from among current Members of the Senate;
       (iii) 3 shall be appointed by the Speaker of the House of 
     Representatives, from among current Members of the House of 
     Representatives;
       (iv) 3 shall be appointed by the minority leader of the 
     Senate, from among current Members of the Senate; and
       (v) 3 shall be appointed by the minority leader of the 
     House of Representatives, from among current Members of the 
     House of Representatives.
       (B) Initial appointments.--Not later than 60 days after the 
     date on which the Commission is established, initial 
     appointments to the Commission shall be made.
       (C) Vacancy.--A vacancy on the Commission shall be filled 
     in the same manner as the initial appointment.
       (4) Co-chairpersons.--From among the members appointed 
     under paragraph (3), the President shall designate 2 members, 
     who shall not be of the same political party, to serve as co-
     chairpersons of the Commission.
       (5) Qualifications.--Members appointed to the Commission 
     shall have significant depth of experience and 
     responsibilities in matters relating to--
       (A) government service;
       (B) fiscal policy;
       (C) economics;
       (D) Federal agency management or private sector management;
       (E) public administration; and
       (F) law.
       (6) Duties.--
       (A) In general.--The Commission shall identify policies 
     to--
       (i) improve the fiscal situation of the Federal Government 
     in the medium term; and
       (ii) achieve fiscal sustainability of the Federal 
     Government in the long term.
       (B) Requirements.--In carrying out subparagraph (A), the 
     Commission shall--
       (i) propose recommendations designed to balance the budget 
     of the Federal Government, excluding interest payments on the 
     public debt, by the date that is 10 years after the date on 
     which the Commission is established, in order to stabilize 
     the ratio of the public debt to the gross domestic product of 
     the United States at an acceptable level; and
       (ii) propose recommendations that meaningfully improve the 
     long-term fiscal outlook of the Federal Government, including 
     changes to address the growth of entitlement spending and the 
     gap between the projected revenues and expenditures of the 
     Federal Government.
       (7) Reports and proposed joint resolution.--
       (A) In general.--
       (i) Final report.--Not later than 1 year after the date on 
     which all members of the Commission are appointed under 
     paragraph (3), the Commission shall vote on the approval of a 
     final report, which shall contain--

       (I) the recommendations required under paragraph (6)(B); 
     and
       (II) a proposed joint resolution implementing the 
     recommendations described in subclause (I).

       (ii) Interim reports.--At any time after the date on which 
     all members of the Commission are appointed and prior to 
     voting on the approval of a final report under clause (i), 
     the Commission may vote on the approval of an interim report 
     containing such recommendations described in subsection 
     paragraph (6)(B) as the Commission may provide.
       (B) Approval of report.--The Commission may only issue a 
     report under this paragraph if--
       (i) not less than 12 members of the Commission approve the 
     report; and
       (ii) of the members approving the report under clause (i), 
     not less than 4 are members of the same political party to 
     which the Speaker of the House of Representatives belongs and 
     not less than 4 are members of the same political party to 
     which the minority leader of the House of Representatives 
     belongs.
       (C) Submission of report.--With respect to each report 
     approved under this paragraph, the Commission shall--
       (i) submit to Congress the report; and
       (ii) make the report available to the public.
       (D) Preparation of joint resolution.--
       (i) In general.--In drafting the proposed joint resolution 
     described in subparagraph (A)(i)(II), the Commission--

       (I) may use the services of the offices of the Legislative 
     Counsel of the Senate and House of Representatives; and
       (II) shall consult with the Comptroller General of the 
     United States and the Director of the Congressional Budget 
     Office.

       (ii) Consultation with committees.--In drafting the 
     proposed joint resolution described in subparagraph 
     (A)(i)(II), the co-chairpersons of the Commission, with 
     respect to the contents of the proposed joint resolution, 
     shall consult with--

       (I) the chairperson and ranking member of each relevant 
     committee of the Senate and the House of Representatives;
       (II) the majority and minority leader of the Senate; and
       (III) the Speaker and minority leader of the House of 
     Representatives.

       (iii) Requirements for consultation.--The consultation 
     required under clause (ii) shall provide the opportunity for 
     each individual described in clause (ii) to provide--

       (I) recommendations for alternative means of addressing the 
     recommendations described in subparagraph (A)(i)(I); and
       (II) recommendations regarding which recommendations 
     described in subparagraph (A)(i)(I) should not be addressed 
     in the proposed joint resolution.

       (iv) Relevant committees.--For the purpose of this 
     subparagraph, the relevant committees of the Senate and the 
     House of Representatives shall be--

       (I) the Committee on Finance of the Senate;
       (II) the Committee on Ways and Means of the House of 
     Representatives;
       (III) the Committee on Health, Education, Labor, and 
     Pensions of the Senate; and
       (IV) the Committee on Energy and Commerce of the House of 
     Representatives.

       (8) Powers of the commission.--
       (A) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers

[[Page S1931]]

     advisable to carry out the duties of the Commission described 
     in paragraph (6).
       (B) Information from federal agencies.--
       (i) In general.--The Commission may secure directly from 
     any Federal agency such information as the Commission 
     considers necessary to carry out the duties of the Commission 
     described in paragraph (6).
       (ii) Provision of information.--Upon request from the co-
     chairpersons of the Commission, the head of a Federal agency 
     shall provide information described in clause (i) to the 
     Commission.
       (C) Postal services.--The Commission may use the United 
     States mail in the same manner and under the same conditions 
     as departments and agencies of the Federal Government.
       (D) Website.--
       (i) Contents.--The Commission shall establish a website 
     containing--

       (I) the recommendations required under paragraph (6)(B); 
     and
       (II) the records of attendance of the members of the 
     Commission for each meeting of the Commission.

       (ii) Date of publication.--Not later than 72 hours after 
     the conclusion of a meeting of the Commission, the Commission 
     shall publish a recommendation or record of attendance 
     described under clause (i) that is made or taken at the 
     meeting on the website established under such subparagraph.
       (9) Assistance of other legislative branch entities.--As 
     the Commission conducts the work of the Commission--
       (A) the Comptroller General shall provide technical 
     assistance to the Commission on findings and recommendations 
     of the Government Accountability Office;
       (B) the Director of the Congressional Budget Office shall 
     provide technical assistance to the Commission on findings 
     and recommendations of the Congressional Budget Office; and
       (C) the chair of the Joint Committee on Taxation shall 
     provide technical assistance to the Commission on findings 
     and recommendations of the Joint Committee on Taxation.
       (10) Personnel matters.--
       (A) In general.--Members of the Commission shall serve 
     without compensation.
       (B) Travel expenses.--Members of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the homes or regular places of business 
     of the members in the performance of services for the 
     Commission.
       (C) Staff.--
       (i) In general.--

       (I) Appointment.--The co-chairpersons of the Commission 
     may, without regard to civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform the duties of the Commission.
       (II) Approval.--The appointment of an executive director 
     under subclause (I) shall be subject to confirmation by the 
     Commission.

       (ii) Compensation.--

       (I) In general.--The co-chairpersons of the Commission may 
     fix the compensation of the executive director and other 
     personnel of the Commission without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to the classification of 
     positions and General Schedule pay rates.
       (II) Pay rate.--The rate of pay for the executive director 
     and other personnel of the Commission may not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5613 of title 5, United States Code.

       (D) Detail of government employees.--Any employee of the 
     Federal Government may be detailed to the Commission--
       (i) without reimbursement; and
       (ii) without interruption or loss of civil service status 
     or privilege.
       (E) Procurement of temporary and intermittent services.--
     The co-chairpersons of the Commission may procure temporary 
     and intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals that do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (11) Termination of the commission.--The Commission shall 
     terminate on the date that is 30 days after the date on which 
     the Commission submits the final report of the Commission 
     under subsection (7)(A)(i).
       (12) Rules of construction.--Nothing in this section shall 
     be construed to--
       (A) impair or otherwise affect--
       (i) authority granted by law to a Federal agency or a head 
     thereof; or
       (ii) functions of the Director of the Office of Management 
     and Budget relating to budgetary, administrative, or 
     legislative proposals; or
       (B) create any right or benefit, substantive or procedural, 
     enforceable at law or in equity, by any party against the 
     United States, the departments, agencies, entities, officers, 
     employees, or agents of the United States, or any other 
     person.
       (13) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Commission such sums as may be necessary to carry out 
     this section.
       (B) Availability.--Any sums appropriated under subparagraph 
     (A) shall remain available, without fiscal year limitation, 
     until expended.
       (14) Inapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (c) Special Message of the President.--
       (1) Definitions.--In this subsection:
       (A) Commission report.--The term ``Commission report'' 
     means the final report of the National Commission on Fiscal 
     Responsibility and Reform described in subsection 
     (b)(7)(A)(i).
       (B) Special message.--The term ``special message'' means 
     the special message on the Commission report required under 
     paragraph (2)(A).
       (2) Submission of special message.--
       (A) In general.--Not later than 60 days after the date on 
     which the Commission submits the Commission report to 
     Congress, the President shall submit to Congress a special 
     message on the report.
       (B) Transmittal.--The President shall submit the special 
     message--
       (i) to the Secretary of the Senate if the Senate is not in 
     session; and
       (ii) to the Clerk of the House of Representatives if the 
     House of Representatives is not in session.
       (3) Contents of special message.--The special message shall 
     describe the reasons for the support or opposition of the 
     President to the proposed joint resolution contained in the 
     Commission report.
       (4) Public availability.--The President shall--
       (A) make a copy of a special message publicly available, 
     including on a website of the President; and
       (B) publish in the Federal Register a notice of a special 
     message and information on how the special message can be 
     obtained.
       (d) Expedited Consideration of Proposed Joint Resolution.--
       (1) Definition of commission joint resolution.--In this 
     subsection, the term ``Commission joint resolution'' means a 
     joint resolution that consists solely of the text of the 
     proposed joint resolution required to be included in the 
     final report of the Commission under subsection 
     (b)(7)(A)(i)(II).
       (2) Qualifying legislation.--Only a Commission joint 
     resolution shall be entitled to expedited consideration under 
     this subsection.
       (3) Consideration in the house of representatives.--
       (A) Introduction.--A Commission joint resolution may be 
     introduced in the House of Representatives (by request)--
       (i) by the majority leader of the House of Representatives, 
     or by a Member of the House of Representatives designated by 
     the majority leader of the House of Representatives, on the 
     next legislative day after the date on which the Commission 
     approves the final report of the Commission under subsection 
     b(7)(A)(i); or
       (ii) if the Commission joint resolution is not introduced 
     under clause (i), by any Member of the House of 
     Representatives on any legislative day beginning on the 
     legislative day after the legislative day described in clause 
     (i).
       (B) Referral and reporting.--Any committee of the House of 
     Representatives to which a Commission joint resolution is 
     referred shall report the Commission joint resolution to the 
     House of Representatives without amendment not later than 10 
     legislative days after the date on which the Commission joint 
     resolution was so referred. If a committee of the House of 
     Representatives fails to report a Commission joint resolution 
     within that period, it shall be in order to move that the 
     House of Representatives discharge the committee from further 
     consideration of the Commission joint resolution. Such a 
     motion shall not be in order after the last committee 
     authorized to consider the Commission joint resolution 
     reports it to the House of Representatives or after the House 
     of Representatives has disposed of a motion to discharge the 
     Commission joint resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion, except 20 minutes of debate equally 
     divided and controlled by the proponent and an opponent. If 
     such a motion is adopted, the House of Representatives shall 
     proceed immediately to consider the Commission joint 
     resolution in accordance with subparagraphs (C) and (D). A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (C) Proceeding to consideration.--After the last committee 
     authorized to consider a Commission joint resolution reports 
     it to the House of Representatives or has been discharged 
     (other than by motion) from its consideration, it shall be in 
     order to move to proceed to consider the Commission joint 
     resolution in the House of Representatives. Such a motion 
     shall not be in order after the House of Representatives has 
     disposed of a motion to proceed with respect to the 
     Commission joint resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. A motion to reconsider the vote by which 
     the motion is disposed of shall not be in order.
       (D) Consideration.--The Commission joint resolution shall 
     be considered as read. All points of order against the 
     Commission joint resolution and against its consideration are 
     waived. The previous question shall be considered as ordered 
     on the Commission joint resolution to its passage without 
     intervening motion, except 2 hours of debate equally divided 
     and controlled by the proponent and an opponent and 1 motion 
     to limit debate on the

[[Page S1932]]

     Commission joint resolution. A motion to reconsider the vote 
     on passage of the Commission joint resolution shall not be in 
     order.
       (E) Vote on passage.--The vote on passage of the Commission 
     joint resolution shall occur not later than 3 legislative 
     days after the date on which the last committee authorized to 
     consider the Commission joint resolution reports it to the 
     House of Representatives or is discharged.
       (4) Expedited procedure in the senate.--
       (A) Introduction in the senate.--A Commission joint 
     resolution may be introduced in the Senate (by request)--
       (i) by the majority leader of the Senate, or by a Member of 
     the Senate designated by the majority leader of the Senate, 
     on the next legislative day after the date on which the 
     President submits the proposed joint resolution under 
     subsection (c)(2); or
       (ii) if the Commission joint resolution is not introduced 
     under clause (i), by any Member of the Senate on any day on 
     which the Senate is in session beginning on the day after the 
     day described in clause (i).
       (B) Committee consideration.--A Commission joint resolution 
     introduced in the Senate under subparagraph (A) shall be 
     jointly referred to the committee or committees of 
     jurisdiction, which committees shall report the Commission 
     joint resolution without any revision and with a favorable 
     recommendation, an unfavorable recommendation, or without 
     recommendation, not later than 10 session days after the date 
     on which the Commission joint resolution was so referred. If 
     any committee to which a Commission joint resolution is 
     referred fails to report the Commission joint resolution 
     within that period, that committee shall be automatically 
     discharged from consideration of the Commission joint 
     resolution, and the Commission joint resolution shall be 
     placed on the appropriate calendar.
       (C) Proceeding.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 2 days of 
     session after the date on which a Commission joint resolution 
     is reported or discharged from all committees to which the 
     Commission joint resolution was referred, for the majority 
     leader of the Senate or the designee of the majority leader 
     to move to proceed to the consideration of the Commission 
     joint resolution. It shall also be in order for any Member of 
     the Senate to move to proceed to the consideration of the 
     Commission joint resolution at any time after the conclusion 
     of such 2-day period. A motion to proceed is in order even 
     though a previous motion to the same effect has been 
     disagreed to. All points of order against the motion to 
     proceed to the Commission joint resolution are waived. The 
     motion to proceed shall not be 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. If a motion to proceed to the consideration 
     of the Commission joint resolution is agreed to, the 
     Commission joint resolution shall remain the unfinished 
     business until disposed of. All points of order against a 
     Commission joint resolution and against consideration of the 
     Commission joint resolution are waived.
       (D) No amendments.--An amendment to a Commission joint 
     resolution, a motion to postpone, a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     Commission joint resolution, is not in order.
       (E) 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 Commission joint resolution shall be decided 
     without debate.
       (5) Amendment.--A Commission joint resolution shall not be 
     subject to amendment in either the Senate or the House of 
     Representatives.
       (6) Consideration by the other house.--
       (A) In general.--If, before passing a Commission joint 
     resolution, a House receives from the other House a 
     Commission joint resolution of the other House--
       (i) the Commission joint resolution of the other House 
     shall not be referred to a committee; and
       (ii) the procedure in the receiving House shall be the same 
     as if no Commission joint resolution had been received from 
     the other House until the vote on passage, when the 
     Commission joint resolution received from the other House 
     shall supplant the Commission joint resolution of the 
     receiving House.
       (B) Revenue measures.--This paragraph shall not apply to 
     the House of Representatives if a Commission joint resolution 
     received from the Senate is a revenue measure.
       (7) Rules to coordinate action with other house.--
       (A) Treatment of commission joint resolution of other 
     house.--If a Commission joint resolution is not introduced in 
     the Senate or the Senate fails to consider a Commission joint 
     resolution under this section, the Commission joint 
     resolution of the House of Representatives shall be entitled 
     to expedited floor procedures under this section.
       (B) Treatment of companion measures in the senate.--If, 
     following passage of a Commission joint resolution in the 
     Senate, the Senate receives from the House of Representatives 
     a Commission joint resolution, the House-passed Commission 
     joint resolution shall not be debatable. The vote on passage 
     of the Commission joint resolution in the Senate shall be 
     considered to be the vote on passage of the Commission joint 
     resolution received from the House of Representatives.
       (C) Vetoes.--If the President vetoes a Commission joint 
     resolution, consideration of a veto message in the Senate 
     under this subparagraph shall be 10 hours equally divided 
     between the majority and minority leaders of the Senate or 
     the designees of the majority and minority leaders of the 
     Senate.
       (8) Exercise of rulemaking power.--This subsection is 
     enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and, as such--
       (i) it 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 
     Commission joint resolution; and
       (ii) it 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 119. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment 
intended to be proposed by him to the bill H.R. 3746, to provide for a 
responsible increase to the debt ceiling; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ZERO-BASED BUDGETS.

       (a) Definition.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Zero-based budget.--The term ``zero-based budget'' 
     means a systematic budget analysis in support of decision 
     making in which managers--
       (A) examine current objectives, operations, and costs;
       (B) consider alternative ways of carrying out a program or 
     activity; and
       (C) rank different programs or activities by order of 
     importance to the organization.
       (b) Zero-Based Budgets.--Every sixth year, each agency 
     shall submit to the Director of the Office of Management and 
     Budget and the Committee on the Budget of the Senate and the 
     Committee on the Budget of the House of Representatives a 
     zero-based budget for the next fiscal year and each of the 4 
     ensuing fiscal years.
       (c) Recommendations.--In addition to the zero-based budget 
     required under subsection (b), each agency, except the 
     Department of Defense and the National Nuclear Security 
     Administration shall submit recommendations for which 
     programs Congress should cut or reduce appropriations in an 
     amount that equals not less than a 2-percent reduction from 
     the previous year appropriation in discretionary spending.
                                 ______
                                 
  SA 120. Mr. GRAHAM (for himself and Mr. Sullivan) submitted an 
amendment intended to be proposed by him to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; which was 
ordered to lie on the table; as follows:

       On page 5, strike lines 15 through 21 and insert the 
     following:
       ``(A) for the revised security category, $900,600,000,000 
     in new budget authority; and
       ``(B) for the revised nonsecurity category; 
     $703,651,000,000 in new budget authority; and
       ``(10) for fiscal year 2025--
       ``(A) for the revised security category, $944,700,000,000 
     in new budget authority; and
                                 ______
                                 
  SA 121. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       At the end of title I of division A, the following:

     SEC. 104. DEPARTMENT OF THE NAVY SHIPBUILDING REAL GROWTH.

       Section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901), as amended by section 101 
     of this division, is amended--
       (1) in paragraph (9)(A), by inserting ``, and an additional 
     $3,200,000,000 in new budget authority for the Shipbuilding 
     and Conversion, Navy account'' before the semicolon; and
       (2) in paragraph (10)(A), by inserting ``, and an 
     additional $3,500,000,000 in new budget authority for the 
     Shipbuilding and Conversion, Navy account'' before the 
     semicolon.
                                 ______
                                 
  SA 122. Mr. GRAHAM (for himself and Mr. Sullivan) submitted an 
amendment intended to be proposed by him to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; which was 
ordered to lie on the table; as follows:

       On page 12, line 15, strike ``paragraph (2),'' and all that 
     follows through ``For the revised non-security'' on line 24 
     and insert ``paragraph (2), for the revised nonsecurity''.
       On page 14, line 1, strike ``applicable'' and all that 
     follows through ``such limits'' on line 5 and insert 
     ``discretionary spending limit under paragraph (1) shall have 
     no force or effect, and the discretionary spending limit for 
     the revised nonsecurity category for the applicable fiscal 
     year shall be such limit''.

[[Page S1933]]

       On page 14, line 16, strike ``paragraph (2),'' and all that 
     follows through line 22 and insert ``paragraph (2), for the 
     revised nonsecurity category, the amount calculated for such 
     category in subsection (d)(1).''.
       On page 15, line 18, strike ``applicable'' and all that 
     follows through ``such limits'' on line 22 and insert 
     ``discretionary spending limit under paragraph (1) shall have 
     no force or effect, and the discretionary spending limit for 
     the revised nonsecurity category for the applicable fiscal 
     year shall be such limit''.
                                 ______
                                 
  SA 123. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.

       (a) In General.--Section 3101(b) of title 31, United States 
     Code, shall not apply for the period--
       (1) beginning on the date of enactment of this Act; and
       (2) ending on the date that is 90 days after the date of 
     enactment of this Act.
       (b) Special Rule Relating to Obligations Issued During 
     Extension Period.--Effective on the day after the date 
     described in subsection (a)(2), the limitation in effect 
     under section 3101(b) of title 31, United States Code, shall 
     be increased to the extent that--
       (1) the face amount of obligations issued under chapter 31 
     of such title and the face amount of obligations whose 
     principal and interest are guaranteed by the United States 
     Government (except guaranteed obligations held by the 
     Secretary of the Treasury) outstanding on the date described 
     in subsection (a)(2); exceeds
       (2) the face amount of such obligations outstanding on the 
     date of enactment of this Act.
       (c) Extension Limited to Necessary Obligations.--An 
     obligation shall not be taken into account under subsection 
     (b)(1) unless the issuance of such obligation was necessary 
     to fund a commitment incurred pursuant to law by the Federal 
     Government that required payment on or before the date 
     described in subsection (a)(2).
                                 ______
                                 
  SA 124. Mr. GRAHAM (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FINDINGS AND SENSE OF CONGRESS ON PROVISION OF 
                   SECURITY ASSISTANCE TO UKRAINE.

       (a) Findings.--Congress finds the following:
       (1) The Russian Federation has failed to abide by the 
     Belovezh Accords (also known as the ``Minsk Agreement''), 
     signed in Minsk, Belarus, on December 8, 1991, by the leaders 
     of the Russian Federation, Ukraine, and the Republic of 
     Belarus, in which those leaders agreed to have ``respect for 
     state sovereignty'' and renounce ``the use of force and of 
     economic or any other methods of coercion''.
       (2) The Russian Federation has failed to honor its 
     commitment under the Memorandum on security assurances in 
     connection with Ukraine's accession to the Treaty on the Non-
     Proliferation of Nuclear Weapons, signed at Budapest, 
     Hungary, December 5, 1994, in which the Russian Federation 
     agreed to respect the sovereignty of Ukraine in exchange for 
     the removal of nuclear weapons from Ukraine.
       (3) The Russian Federation illegally annexed Crimea in 2014 
     and forces backed by the Russian Federation continue to 
     occupy Eastern Ukraine.
       (4) The further invasion of Ukraine by the Russian 
     Federation that began in 2022--
       (A) threatens the safety, security, and sovereignty of 
     Ukraine;
       (B) is destabilizing to the region; and
       (C) poses a risk to the economy of Ukraine and may deter 
     future investments in Ukraine by foreign countries.
       (5) Through the invasion, the Russian Federation has 
     indiscriminately attacked civilian targets, resulting in the 
     death of at least 8,490 civilians and injury of at least 
     14,244 civilians, and has made thinly veiled threats to 
     impose additional death and destruction on members of the 
     North Atlantic Treaty Organization (NATO) if the Russian 
     Federation so desires.
       (6) In May 2023, the Russian Federation announced it was 
     moving ahead with a plan to deploy tactical nuclear weapons 
     to the Republic of Belarus, which would be the first 
     deployment by the Russian Federation of such weapons outside 
     of Russia since 1991.
       (7) The security assistance provided by the United States 
     has been used to maximum effect and allowed Ukraine to fight 
     back against the Russian Federation's unprovoked invasion of 
     the sovereign territory of Ukraine.
       (8) It is imperative to continue to provide security 
     assistance to Ukraine at this crucial inflection point in the 
     war as Ukraine prepares to launch its counteroffensive 
     against the Russian Federation.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress--
       (1) affirms it is in the national security interest of the 
     United States to provide security assistance to Ukraine and 
     calls on the United States Government to continue to provide 
     such assistance to ensure the sovereign territory of Ukraine 
     is liberated from the Russian Federation and its proxy 
     forces;
       (2) supports providing additional funding to Ukraine 
     through future supplemental packages to ensure Ukraine has 
     the resources it needs to ensure and sustain its liberation 
     from the Russian Federation; and
       (3) calls on Congress to appropriate all funds needed to 
     increase the production of and replenish United States 
     inventories that have been provided to Ukraine.
                                 ______
                                 
  SA 125. Mr. SULLIVAN proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

       On page 5, line 16, strike ``$886,349,000,000'' and insert 
     ``$904,779,000,000''.
       On page 5, line 21, strike ``$895,212,000,000'' and insert 
     ``$950,017,950,000''.
       On page 53, line 22, strike ``$1,389,525,000'' and insert 
     ``$74,625,475,000''.
                                 ______
                                 
  SA 126. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill H.R. 3746, to provide for a responsible increase to 
the debt ceiling; which was ordered to lie on the table; as follows:

       At the end, add the following:

              DIVISION E--PREVENTING GOVERNMENT SHUTDOWNS

     SEC. 501. SHORT TITLE.

       This division may be cited as the ``Prevent Government 
     Shutdowns Act of 2023''.

     SEC. 502. AUTOMATIC CONTINUING APPROPRIATIONS.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1311. Automatic continuing appropriations

       ``(a)(1)(A) On and after the first day of each fiscal year, 
     if an appropriation Act for such fiscal year with respect to 
     the account for a program, project, or activity has not been 
     enacted and continuing appropriations are not in effect with 
     respect to the program, project, or activity, there are 
     appropriated such sums as may be necessary to continue, at 
     the rate for operations specified in subparagraph (C), the 
     program, project, or activity if funds were provided for the 
     program, project, or activity during the preceding fiscal 
     year.
       ``(B)(i) Appropriations and funds made available and 
     authority granted under subparagraph (A) shall be available 
     for a period of 14 days.
       ``(ii) If, at the end of the first 14-day period during 
     which appropriations and funds are made available and 
     authority is granted under subparagraph (A), and the end of 
     every 14-day period thereafter, an appropriation Act for such 
     fiscal year with respect to the account for a program, 
     project, or activity has not been enacted and continuing 
     appropriations are not in effect with respect to the program, 
     project, or activity under a provision of law other than 
     subparagraph (A), the appropriations and funds made available 
     and authority granted under subparagraph (A) during the 14-
     day period shall be extended for an additional 14-day period.
       ``(C)(i) Except as provided in clause (ii), the rate for 
     operations specified in this subparagraph with respect to a 
     program, project, or activity is the rate for operations for 
     the preceding fiscal year for the program, project, or 
     activity--
       ``(I) provided in the corresponding appropriation Act for 
     such preceding fiscal year;
       ``(II) if the corresponding appropriation bill for such 
     preceding fiscal year was not enacted, provided in the law 
     providing continuing appropriations for such preceding fiscal 
     year; or
       ``(III) if the corresponding appropriation bill and a law 
     providing continuing appropriations for such preceding fiscal 
     year were not enacted, provided under this section for such 
     preceding fiscal year.
       ``(ii) For entitlements and other mandatory payments whose 
     budget authority was provided for the previous fiscal year in 
     appropriations Acts, under a law other than this section 
     providing continuing appropriations for such previous year, 
     or under this section, and for activities under the Food and 
     Nutrition Act of 2008, appropriations and funds made 
     available during a fiscal year under this section shall be at 
     the rate necessary to maintain program levels under current 
     law, under the authority and conditions provided in the 
     applicable appropriations Act.
       ``(2) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a program, project, or activity shall be 
     available, in accordance with paragraph (1)(B), for the 
     period--
       ``(A) beginning on the first day of any lapse in 
     appropriations during such fiscal year; and
       ``(B) ending on the date of enactment of an appropriation 
     Act for such fiscal year with respect to the account for such 
     program, project, or activity (whether or not such Act 
     provides appropriations for such program, project, or 
     activity) or a law making continuing appropriations for the 
     program, project, or activity, as applicable.

[[Page S1934]]

       ``(3) Notwithstanding section 251(a)(1) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(a)(1)) and the timetable in section 254(a) of such Act (2 
     U.S.C. 904(a)), for any fiscal year for which appropriations 
     and funds are made available under this section, the final 
     sequestration report for such fiscal year pursuant to section 
     254(f)(1) of such Act (2 U.S.C. 904(f)(1)) and any order for 
     such fiscal year pursuant to section 254(f)(5) of such Act (2 
     U.S.C. 901(f)(5)) shall be issued--
       ``(A) for the Congressional Budget Office, 10 days after 
     the date on which appropriation Acts providing funding for 
     the entire Federal Government through the end of such fiscal 
     year have been enacted; and
       ``(B) for the Office of Management and Budget, 15 days 
     after the date on which appropriation Acts providing funding 
     for the entire Federal Government through the end of such 
     fiscal year have been enacted.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a program, project, or activity for 
     any fiscal year pursuant to this section shall be subject to 
     the terms and conditions imposed with respect to the 
     appropriation made or funds made available for the preceding 
     fiscal year, or authority granted for such program, project, 
     or activity under current law.
       ``(c) Expenditures made for a program, project, or activity 
     for any fiscal year pursuant to this section shall be charged 
     to the applicable appropriation, fund, or authorization 
     whenever an appropriation Act for such fiscal year with 
     respect to the account for a program, project, or activity or 
     a law making continuing appropriations until the end of such 
     fiscal year for such program, project, or activity is 
     enacted.
       ``(d) This section shall not apply to a program, project, 
     or activity during a fiscal year if any other provision of 
     law (other than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such program, project, or activity to 
     continue for such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such program, project, or activity to continue 
     for such period.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     13 of title 31, United States Code, is amended by adding at 
     the end the following:

``1311. Automatic continuing appropriations.''.

     SEC. 503. TIMELY ENACTMENT OF APPROPRIATION ACTS.

       (a) Definitions.--In this section--
       (1) the term ``covered officer or employee'' means--
       (A) an officer or employee of the Office of Management and 
     Budget;
       (B) a Member of Congress; or
       (C) an employee of the personal office of a Member of 
     Congress, a committee of either House of Congress, or a joint 
     committee of Congress;
       (2) the term ``covered period''--
       (A) means any period of automatic continuing 
     appropriations; and
       (B) with respect to the legislative branch--
       (i) does not include any period of automatic continuing 
     appropriations that occurs during the period--

       (I) beginning at the time at which general appropriations 
     Acts providing funding for the entire Federal Government 
     (including an appropriation Act providing continuing funding) 
     have been enacted or passed in identical form by both Houses 
     and transmitted to Secretary of the Senate or Clerk of the 
     House for enrollment and presentment to the President for his 
     signature; and
       (II) ending at the time at which 1 or more general 
     appropriations Acts--

       (aa) are vetoed by the President; or
       (bb) do not become law without the President's signature 
     under article I, section 7 of the Constitution of the United 
     States based on an adjournment of the Congress; and
       (ii) includes any period of automatic continuing 
     appropriations that is not a period described in clause (i) 
     and that follows a veto or a failure to become law (as 
     described in item (bb) of clause (i)(II)) of 1 or more 
     general appropriations Acts;
       (3) the term ``Member of Congress'' has the meaning given 
     that term in section 2106 of title 5, United States Code;
       (4) the term ``National Capital Region'' has the meaning 
     given that term in section 8702 of title 40, United States 
     Code; and
       (5) the term ``period of automatic continuing 
     appropriations'' means a period during which automatic 
     continuing appropriations under section 1311 of title 31, 
     United States Code, as added by section 502 of this division, 
     are in effect with respect to 1 or more programs, projects, 
     or activities.
       (b) Limits on Travel Expenditures.--
       (1) Limits on official travel.--
       (A) Limitation.--Except as provided in subparagraph (B), no 
     amounts may be obligated or expended for official travel by a 
     covered officer or employee during a covered period.
       (B) Exceptions.--
       (i) Return to dc.--If a covered officer or employee is away 
     from the seat of Government on the date on which a covered 
     period begins, funds may be obligated and expended for 
     official travel for a single return trip to the seat of 
     Government by the covered officer or employee.
       (ii) Travel in national capital region.--During a covered 
     period, amounts may be obligated and expended for official 
     travel by a covered officer or employee from one location in 
     the National Capital Region to another location in the 
     National Capital Region.
       (iii) National security events.--During a covered period, 
     if a national security event that triggers a continuity of 
     operations or continuity of Government protocol occurs, 
     amounts may be obligated and expended for official travel by 
     a covered officer or employee for any official travel 
     relating to responding to the national security event or 
     implementing the continuity of operations or continuity of 
     Government protocol.
       (2) Restriction on use of campaign funds.--Section 313 of 
     the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) 
     is amended--
       (A) in subsection (a)(2), by striking ``for ordinary'' and 
     inserting ``except as provided in subsection (d), for 
     ordinary''; and
       (B) by adding at the end the following:
       ``(d) Restriction on Use of Campaign Funds for Official 
     Travel During Automatic Continuing Appropriations.--
       ``(1) In general.--Except as provided in paragraph (2), 
     during a covered period (as defined in section 503 of the 
     Prevent Government Shutdowns Act of 2023), a contribution or 
     donation described in subsection (a) may not be obligated or 
     expended for travel in connection with duties of the 
     individual as a holder of Federal office.
       ``(2) Return to dc.--If the individual is away from the 
     seat of Government on the date on which a covered period (as 
     so defined) begins, a contribution or donation described in 
     subsection (a) may be obligated and expended for travel by 
     the individual to return to the seat of Government.''.
       (c) Procedures in the Senate and House of 
     Representatives.--
       (1) In general.--During a covered period, in the Senate and 
     the House of Representatives--
       (A) it shall not be in order to move to proceed to any 
     matter except for--
       (i) a measure making appropriations for the fiscal year 
     during which the covered period begins;
       (ii) any motion required to determine the presence of or 
     produce a quorum; or
       (iii) on and after the 30th calendar day after the first 
     day of a covered period--

       (I) the nomination of an individual--

       (aa) to a position at level I of the Executive Schedule 
     under section 5312 of title 5, United States Code; or
       (bb) to serve as Chief Justice of the United States or an 
     Associate Justice of the Supreme Court of the United States; 
     or

       (II) a measure extending the period during which a program, 
     project, or activity is authorized to be carried out (without 
     substantive change to the program, project, or activity or 
     any other program, project, or activity) if--

       (aa) an appropriation Act with respect to the program, 
     project, or activity for the fiscal year during which the 
     covered period occurs has not been enacted; and
       (bb) the program, project, or activity has expired since 
     the beginning of such fiscal year or will expire during the 
     30-day period beginning on the date of the motion;
       (B) it shall not be in order to move to recess or adjourn 
     for a period of more than 23 hours; and
       (C) at noon each day, or immediately following any 
     constructive convening of the Senate under rule IV, paragraph 
     2 of the Standing Rules of the Senate, the Presiding Officer 
     shall direct the clerk to determine whether a quorum is 
     present.
       (2) Waiver.--
       (A) Limitation on period.--It shall not be in order in the 
     Senate or the House of Representatives to move to waive any 
     provision of paragraph (1) for a period that is longer than 7 
     days.
       (B) Supermajority vote.--A provision of paragraph (1) may 
     only be waived or suspended upon an affirmative vote of two-
     thirds of the Members of the applicable House of Congress, 
     duly chosen and sworn.
       (d) Motion to Proceed to Appropriations.--
       (1) In general.--On and after the 30th calendar day after 
     the first day of each fiscal year, if an appropriation Act 
     for such fiscal year with respect to a program, project, or 
     activity has not been enacted, it shall be in order in the 
     Senate, notwithstanding rule XXII or any pending executive 
     measure or matter, to move to proceed to any appropriations 
     bill or joint resolution for the program, project, or 
     activity that has been sponsored and cosponsored by not less 
     than 3 Senators who are members of or caucus with the party 
     in the majority in the Senate and not less than 3 Senators 
     who are members of or caucus with the party in the minority 
     in the Senate.
       (2) Consideration.--For a bill or joint resolution 
     described in paragraph (1)--
       (A) the bill or joint resolution may be considered the same 
     day as it is introduced and shall not have to lie over 1 day; 
     and
       (B) the motion to proceed to the bill or joint resolution 
     shall be debatable for not to exceed 6 hours, equally divided 
     between the proponents and opponents of the motion, and upon 
     the use or yielding back of time, the Senate shall vote on 
     the motion to proceed.

     SEC. 504. BUDGETARY EFFECTS.

       (a) Classification of Budgetary Effects.--The budgetary 
     effects of this division and the amendments made by this 
     division shall be estimated as if this division and the 
     amendments made by this division are discretionary 
     appropriations Acts for purposes of section 251 of the 
     Balanced Budget

[[Page S1935]]

     and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et 
     seq.).
       (b) Baseline.--For purposes of calculating the baseline 
     under section 257 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 907), the provision of 
     budgetary resources under section 1311 of title 31, United 
     States Code, as added by this division, for an account shall 
     be considered to be a continuing appropriation in effect for 
     such account for less than the entire current year.
       (c) Enforcement of Discretionary Spending Limits.--For 
     purposes of enforcing the discretionary spending limits under 
     section 251(a) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)), the budgetary 
     resources made available under section 1311 of title 31, 
     United States Code, as added by this division, shall be 
     considered part-year appropriations for purposes of section 
     251(a)(4) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(4)).

     SEC. 505. EFFECTIVE DATE.

       This division and the amendments made by this division 
     shall take effect on September 30, 2023.
                                 ______
                                 
  SA 127. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike title IV of division B and insert the following:

TITLE IV--NULLIFICATION AND LIMITATION RELATED TO FEDERAL STUDENT LOANS

     SEC. 271. NULLIFICATION OF CERTAIN EXECUTIVE ACTIONS AND 
                   RULES RELATING TO FEDERAL STUDENT LOANS.

       (a) In General.--The following shall have no force or 
     effect:
       (1) The waivers and modifications of statutory and 
     regulatory provisions relating to an extension of the 
     suspension of payments on certain loans and waivers of 
     interest on such loans under section 3513 of the CARES Act 
     (20 U.S.C. 1001 note)--
       (A) described by the Department of Education in the Federal 
     Register on October 12, 2022 (87 Fed. Reg. 61513 et seq.); 
     and
       (B) issued on or after the date of enactment of this Act.
       (2) The modifications of statutory and regulatory 
     provisions relating to debt discharge described by the 
     Department of Education in the Federal Register on October 
     12, 2022 (87 Fed. Reg. 61514).
       (3) A final rule that is substantially similar to the 
     proposed rule on ``Improving Income-Driven Repayment for the 
     William D. Ford Federal Direct Loan Program'' published by 
     the Department of Education in the Federal Register on 
     January 11, 2023 (88 Fed. Reg. 1894 et seq.).
       (b) Prohibition.--The Secretary of Education may not 
     implement any executive action or rule specified in paragraph 
     (1), (2), or (3) of subsection (a) (or a substantially 
     similar executive action or rule), except as expressly 
     authorized by an Act of Congress.

     SEC. 272. LIMITATION ON AUTHORITY OF SECRETARY TO PROPOSE OR 
                   ISSUE REGULATIONS AND EXECUTIVE ACTIONS.

       Part G of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1088 et seq.) is amended by inserting after section 
     492 the following:

     ``SEC. 492A. LIMITATION ON AUTHORITY OF THE SECRETARY TO 
                   PROPOSE OR ISSUE REGULATIONS AND EXECUTIVE 
                   ACTIONS.

       ``(a) Draft Regulations.--Beginning after the date of 
     enactment of this section, a draft regulation implementing 
     this title (as described in section 492(b)(1)) that is 
     determined by the Secretary to be economically significant 
     shall be subject to the following requirements (regardless of 
     whether negotiated rulemaking occurs):
       ``(1) The Secretary shall determine whether the draft 
     regulation, if implemented, would result in an increase in a 
     subsidy cost resulting from a loan modification.
       ``(2) If the Secretary determines under paragraph (1) that 
     the draft regulation would result in an increase in a subsidy 
     cost resulting from a loan modification, then the Secretary 
     may take no further action with respect to such regulation.
       ``(b) Proposed or Final Regulations and Executive 
     Actions.--Notwithstanding any other provision of law, 
     beginning after the date of enactment of this section, the 
     Secretary may not issue a proposed rule, final regulation, or 
     executive action implementing this title if the Secretary 
     determines that the rule, regulation, or executive action--
       ``(1) is economically significant; and
       ``(2) would result in an increase in a subsidy cost 
     resulting from a loan modification.
       ``(c) Relationship to Other Requirements.--The analyses 
     required under subsections (a) and (b) shall be in addition 
     to any other cost analysis required under law for a 
     regulation implementing this title, including any cost 
     analysis that may be required pursuant to Executive Order 
     12866 (58 Fed. Reg. 51735; relating to regulatory planning 
     and review), Executive Order 13563 (76 Fed. Reg. 3821; 
     relating to improving regulation and regulatory review), or 
     any related or successor orders.
       ``(d) Definition.--In this section, the term `economically 
     significant', when used with respect to a draft, proposed, or 
     final regulation or executive action, means that the 
     regulation or executive action is likely, as determined by 
     the Secretary--
       ``(1) to have an annual effect on the economy of 
     $100,000,000 or more; or
       ``(2) adversely to affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities.''.
                                 ______
                                 
  SA 128. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       In division C, in section 311(b)(2), insert ``paragraphs 
     (2), (3), and (4) of'' before ``subsection (a)''.
                                 ______
                                 
  SA 129. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Strike title III of division C and insert the following:

      TITLE III--INCREASING AMERICAN ENERGY PRODUCTION, EXPORTS, 
            INFRASTRUCTURE, AND CRITICAL MINERALS PROCESSING

     SEC. 321. SECURING AMERICA'S CRITICAL MINERALS SUPPLY.

       (a) Amendment to the Department of Energy Organization 
     Act.--The Department of Energy Organization Act (42 U.S.C. 
     7101 et seq.) is amended--
       (1) in section 2, by adding at the end the following:
       ``(d) As used in sections 102(20) and 203(a)(12), the term 
     `critical energy resource' means any energy resource--
       ``(1) that is essential to the energy sector and energy 
     systems of the United States; and
       ``(2) the supply chain of which is vulnerable to 
     disruption.'';
       (2) in section 102, by adding at the end the following:
       ``(20) To ensure there is an adequate and reliable supply 
     of critical energy resources that are essential to the energy 
     security of the United States.''; and
       (3) in section 203(a), by adding at the end the following:
       ``(12) Functions that relate to securing the supply of 
     critical energy resources, including identifying and 
     mitigating the effects of a disruption of such supply on--
       ``(A) the development and use of energy technologies; and
       ``(B) the operation of energy systems.''.
       (b) Securing Critical Energy Resource Supply Chains.--
       (1) In general.--In carrying out the requirements of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), the Secretary of Energy, in consultation with the 
     appropriate Federal agencies, representatives of the energy 
     sector, States, and other stakeholders, shall--
       (A) conduct ongoing assessments of--
       (i) energy resource criticality based on the importance of 
     critical energy resources to the development of energy 
     technologies and the supply of energy;
       (ii) the critical energy resource supply chain of the 
     United States;
       (iii) the vulnerability of such supply chain; and
       (iv) how the energy security of the United States is 
     affected by the reliance of the United States on importation 
     of critical energy resources;
       (B) facilitate development of strategies to strengthen 
     critical energy resource supply chains in the United States, 
     including by--
       (i) diversifying the sources of the supply of critical 
     energy resources; and
       (ii) increasing domestic production, separation, and 
     processing of critical energy resources;
       (C) develop substitutes and alternatives to critical energy 
     resources; and
       (D) improve technology that reuses and recycles critical 
     energy resources.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this title, and annually thereafter, the 
     Secretary of Energy shall submit to Congress a report 
     containing--
       (A) the results of the ongoing assessments conducted under 
     paragraph (1)(A);
       (B) a description of any actions taken pursuant to the 
     Department of Energy Organization Act to mitigate potential 
     effects of critical energy resource supply chain disruptions 
     on energy technologies or the operation of energy systems; 
     and
       (C) any recommendations relating to strengthening critical 
     energy resource supply chains that are essential to the 
     energy security of the United States.
       (3) Critical energy resource defined.--In this section, the 
     term ``critical energy resource'' has the meaning given such 
     term in section 2 of the Department of Energy Organization 
     Act (42 U.S.C. 7101).

     SEC. 322. PROTECTING AMERICAN ENERGY PRODUCTION.

       (a) Sense of Congress.--It is the sense of Congress that 
     States should maintain primacy for the regulation of 
     hydraulic fracturing for oil and natural gas production on 
     State and private lands.
       (b) Prohibition on Declaration of a Moratorium on Hydraulic 
     Fracturing.--Notwithstanding any other provision of law, the 
     President may not declare a moratorium on the use of 
     hydraulic fracturing unless such

[[Page S1936]]

     moratorium is authorized by an Act of Congress.

     SEC. 323. RESEARCHING EFFICIENT FEDERAL IMPROVEMENTS FOR 
                   NECESSARY ENERGY REFINING.

       Not later than 90 days after the date of enactment of this 
     section, the Secretary of Energy shall direct the National 
     Petroleum Council to--
       (1) submit to the Secretary of Energy and Congress a report 
     containing--
       (A) an examination of the role of petrochemical refineries 
     located in the United States and the contributions of such 
     petrochemical refineries to the energy security of the United 
     States, including the reliability of supply in the United 
     States of liquid fuels and feedstocks, and the affordability 
     of liquid fuels for consumers in the United States;
       (B) analyses and projections with respect to--
       (i) the capacity of petrochemical refineries located in the 
     United States;
       (ii) opportunities for expanding such capacity; and
       (iii) the risks to petrochemical refineries located in the 
     United States;
       (C) an assessment of any Federal or State executive 
     actions, regulations, or policies that have caused or 
     contributed to a decline in the capacity of petrochemical 
     refineries located in the United States; and
       (D) any recommendations for Federal agencies and Congress 
     to encourage an increase in the capacity of petrochemical 
     refineries located in the United States; and
       (2) make publicly available the report submitted under 
     paragraph (1).

     SEC. 324. PROMOTING CROSS-BORDER ENERGY INFRASTRUCTURE.

       (a) Authorization of Certain Energy Infrastructure Projects 
     at an International Boundary of the United States.--
       (1) Authorization.--Except as provided in paragraph (3) and 
     subsection (d), no person may construct, connect, operate, or 
     maintain a border-crossing facility for the import or export 
     of oil or natural gas, or the transmission of electricity, 
     across an international border of the United States without 
     obtaining a certificate of crossing for the border-crossing 
     facility under this subsection.
       (2) Certificate of crossing.--
       (A) Requirement.--Not later than 120 days after final 
     action is taken, by the relevant official or agency 
     identified under subparagraph (B), under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to a border-crossing facility for which a person 
     requests a certificate of crossing under this subsection, the 
     relevant official or agency, in consultation with appropriate 
     Federal agencies, shall issue a certificate of crossing for 
     the border-crossing facility unless the relevant official or 
     agency finds that the construction, connection, operation, or 
     maintenance of the border-crossing facility is not in the 
     public interest of the United States.
       (B) Relevant official or agency.--The relevant official or 
     agency referred to in subparagraph (A) is--
       (i) the Federal Energy Regulatory Commission with respect 
     to border-crossing facilities consisting of oil or natural 
     gas pipelines; and
       (ii) the Secretary of Energy with respect to border-
     crossing facilities consisting of electric transmission 
     facilities.
       (C) Additional requirement for electric transmission 
     facilities.--In the case of a request for a certificate of 
     crossing for a border-crossing facility consisting of an 
     electric transmission facility, the Secretary of Energy shall 
     require, as a condition of issuing the certificate of 
     crossing under subparagraph (A), that the border-crossing 
     facility be constructed, connected, operated, or maintained 
     consistent with all applicable policies and standards of--
       (i) the Electric Reliability Organization and the 
     applicable regional entity; and
       (ii) any Regional Transmission Organization or Independent 
     System Operator with operational or functional control over 
     the border-crossing facility.
       (3) Exclusions.--This subsection shall not apply to any 
     construction, connection, operation, or maintenance of a 
     border-crossing facility for the import or export of oil or 
     natural gas, or the transmission of electricity--
       (A) if the border-crossing facility is operating for such 
     import, export, or transmission as of the date of enactment 
     of this section;
       (B) if a Presidential permit (or similar permit) for the 
     construction, connection, operation, or maintenance has been 
     issued pursuant to any provision of law or Executive order; 
     or
       (C) if an application for a Presidential permit (or similar 
     permit) for the construction, connection, operation, or 
     maintenance is pending on the date of enactment of this 
     section, until the earlier of--
       (i) the date on which such application is denied; or
       (ii) two years after the date of enactment of this section, 
     if such a permit has not been issued by such date of 
     enactment.
       (4) Effect of other laws.--
       (A) Application to projects.--Nothing in this subsection or 
     subsection (d) shall affect the application of any other 
     Federal statute to a project for which a certificate of 
     crossing for a border-crossing facility is requested under 
     this subsection.
       (B) Natural gas act.--Nothing in this subsection or 
     subsection (d) shall affect the requirement to obtain 
     approval or authorization under sections 3 and 7 of the 
     Natural Gas Act for the siting, construction, or operation of 
     any facility to import or export natural gas.
       (C) Oil pipelines.--Nothing in this subsection or 
     subsection (d) shall affect the authority of the Federal 
     Energy Regulatory Commission with respect to oil pipelines 
     under section 60502 of title 49, United States Code.
       (b) Transmission of Electric Energy to Canada and Mexico.--
       (1) Repeal of requirement to secure order.--Section 202(e) 
     of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
       (2) Conforming amendments.--
       (A) State regulations.--Section 202(f) of the Federal Power 
     Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as 
     such State regulation does not conflict with the exercise of 
     the Commission's powers under or relating to subsection 
     202(e)''.
       (B) Seasonal diversity electricity exchange.--Section 
     602(b) of the Public Utility Regulatory Policies Act of 1978 
     (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission 
     has conducted hearings and made the findings required under 
     section 202(e) of the Federal Power Act'' and all that 
     follows through the period at the end and inserting ``the 
     Secretary has conducted hearings and finds that the proposed 
     transmission facilities would not impair the sufficiency of 
     electric supply within the United States or would not impede 
     or tend to impede the coordination in the public interest of 
     facilities subject to the jurisdiction of the Secretary.''.
       (c) No Presidential Permit Required.--No Presidential 
     permit (or similar permit) shall be required pursuant to any 
     provision of law or Executive order for the construction, 
     connection, operation, or maintenance of an oil or natural 
     gas pipeline or electric transmission facility, or any 
     border-crossing facility thereof.
       (d) Modifications to Existing Projects.--No certificate of 
     crossing under subsection (a), or Presidential permit (or 
     similar permit), shall be required for a modification to--
       (1) an oil or natural gas pipeline or electric transmission 
     facility that is operating for the import or export of oil or 
     natural gas or the transmission of electricity as of the date 
     of enactment of this section;
       (2) an oil or natural gas pipeline or electric transmission 
     facility for which a Presidential permit (or similar permit) 
     has been issued pursuant to any provision of law or Executive 
     order; or
       (3) a border-crossing facility for which a certificate of 
     crossing has previously been issued under subsection (a).
       (e) Prohibition on Revocation of Presidential Permits.--
     Notwithstanding any other provision of law, the President may 
     not revoke a Presidential permit (or similar permit) issued 
     pursuant to Executive Order No. 13337 (3 U.S.C. 301 note), 
     Executive Order No. 11423 (3 U.S.C. 301 note), Executive 
     Order No. 12038 (43 Fed. Reg. 4957), Executive Order No. 
     10485 (18 Fed. Reg. 5397), or any other Executive order for 
     the construction, connection, operation, or maintenance of an 
     oil or natural gas pipeline or electric transmission 
     facility, or any border-crossing facility thereof, unless 
     such revocation is authorized by an Act of Congress.
       (f) Effective Date; Rulemaking Deadlines.--
       (1) Effective date.--Subsections (a) through (d), and the 
     amendments made by such subsections, shall take effect on the 
     date that is 1 year after the date of enactment of this 
     section.
       (2) Rulemaking deadlines.--Each relevant official or agency 
     described in subsection (a)(2)(B) shall--
       (A) not later than 180 days after the date of enactment of 
     this section, publish in the Federal Register notice of a 
     proposed rulemaking to carry out the applicable requirements 
     of subsection (a); and
       (B) not later than 1 year after the date of enactment of 
     this section, publish in the Federal Register a final rule to 
     carry out the applicable requirements of subsection (a).
       (g) Definitions.--In this section:
       (1) Border-crossing facility.--The term ``border-crossing 
     facility'' means the portion of an oil or natural gas 
     pipeline or electric transmission facility that is located at 
     an international boundary of the United States.
       (2) Modification.--The term ``modification'' includes a 
     reversal of flow direction, change in ownership, change in 
     flow volume, addition or removal of an interconnection, or an 
     adjustment to maintain flow (such as a reduction or increase 
     in the number of pump or compressor stations).
       (3) Natural gas.--The term ``natural gas'' has the meaning 
     given that term in section 2 of the Natural Gas Act (15 
     U.S.C. 717a).
       (4) Oil.--The term ``oil'' means petroleum or a petroleum 
     product.
       (5) Electric reliability organization; regional entity.--
     The terms ``Electric Reliability Organization'' and 
     ``regional entity'' have the meanings given those terms in 
     section 215 of the Federal Power Act (16 U.S.C. 824o).
       (6) Independent system operator; regional transmission 
     organization.--The terms ``Independent System Operator'' and 
     ``Regional Transmission Organization'' have the meanings 
     given those terms in section 3 of the Federal Power Act (16 
     U.S.C. 796).

[[Page S1937]]

  


     SEC. 325. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE 
                   REVOCATION OF THE PRESIDENTIAL PERMIT FOR THE 
                   KEYSTONE XL PIPELINE.

       (a) Findings.--Congress finds the following:
       (1) On March 29, 2019, TransCanada Keystone Pipeline, L.P., 
     was granted a Presidential permit to construct, connect, 
     operate, and maintain the Keystone XL pipeline.
       (2) On January 20, 2021, President Biden issued Executive 
     Order No. 13990 (86 Fed. Reg. 7037) that revoked the March 
     2019 Presidential permit for the Keystone XL.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress disapproves of the revocation by President Biden of 
     the Presidential permit for the Keystone XL pipeline.

     SEC. 326. SENSE OF CONGRESS OPPOSING RESTRICTIONS ON THE 
                   EXPORT OF CRUDE OIL OR OTHER PETROLEUM 
                   PRODUCTS.

       (a) Findings.--Congress finds the following:
       (1) The United States has enjoyed a renaissance in energy 
     production, with the expansion of domestic crude oil and 
     other petroleum product production contributing to enhanced 
     energy security and significant economic benefits to the 
     national economy.
       (2) In 2015, Congress recognized the need to adapt to 
     changing crude oil market conditions and repealed all 
     restrictions on the export of crude oil on a bipartisan 
     basis.
       (3) Section 101 of title I of division O of the 
     Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a) 
     established the national policy on oil export restriction, 
     prohibiting any official of the Federal Government from 
     imposing or enforcing any restrictions on the export of crude 
     oil with limited exceptions, including a savings clause 
     maintaining the authority to prohibit exports under any 
     provision of law that imposes sanctions on a foreign person 
     or foreign government (including any provision of law that 
     prohibits or restricts United States persons from engaging in 
     a transaction with a sanctioned person or government), 
     including a foreign government that is designated as a state 
     sponsor of terrorism.
       (4) Lifting the restrictions on crude oil exports 
     encouraged additional domestic energy production, created 
     American jobs and economic development, and allowed the 
     United States to emerge as the leading oil producer in the 
     world.
       (5) In 2019, the United States became a net exporter of 
     petroleum products for the first time since 1952, and the 
     reliance of the United States on foreign imports of petroleum 
     products has declined to historic lows.
       (6) Free trade, open markets, and competition have 
     contributed to the rise of the United States as a global 
     energy superpower.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal Government should not impose--
       (1) overly restrictive regulations on the exploration, 
     production, or marketing of energy resources; or
       (2) any restrictions on the export of crude oil or other 
     petroleum products under the Energy Policy and Conservation 
     Act (42 U.S.C. 6201 et seq.), except with respect to the 
     export of crude oil or other petroleum products to a foreign 
     person or foreign government subject to sanctions under any 
     provision of United States law, including to a country the 
     government of which is designated as a state sponsor of 
     terrorism.

     SEC. 327. UNLOCKING OUR DOMESTIC LNG POTENTIAL.

       Section 3 of the Natural Gas Act (15 U.S.C. 717b) is 
     amended--
       (1) by striking subsections (a) through (c);
       (2) by redesignating subsections (e) and (f) as subsections 
     (a) and (b), respectively;
       (3) by redesignating subsection (d) as subsection (c), and 
     moving such subsection after subsection (b), as so 
     redesignated;
       (4) in subsection (a), as so redesignated, by amending 
     paragraph (1) to read as follows: ``(1) The Federal Energy 
     Regulatory Commission (in this subsection referred to as the 
     `Commission') shall have the exclusive authority to approve 
     or deny an application for authorization for the siting, 
     construction, expansion, or operation of a facility to export 
     natural gas from the United States to a foreign country or 
     import natural gas from a foreign country, including an LNG 
     terminal. In determining whether to approve or deny an 
     application under this paragraph, the Commission shall deem 
     the exportation or importation of natural gas to be 
     consistent with the public interest. Except as specifically 
     provided in this Act, nothing in this Act is intended to 
     affect otherwise applicable law related to any Federal 
     agency's authorities or responsibilities related to 
     facilities to import or export natural gas, including LNG 
     terminals.''; and
       (5) by adding at the end the following new subsection:
       ``(d)(1) Nothing in this Act limits the authority of the 
     President under the Constitution, the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), the National 
     Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II 
     of the Energy Policy and Conservation Act (42 U.S.C. 6271 et 
     seq.), the Trading With the Enemy Act (50 U.S.C. 4301 et 
     seq.), or any other provision of law that imposes sanctions 
     on a foreign person or foreign government (including any 
     provision of law that prohibits or restricts United States 
     persons from engaging in a transaction with a sanctioned 
     person or government), including a country that is designated 
     as a state sponsor of terrorism, to prohibit imports or 
     exports.
       ``(2) In this subsection, the term `state sponsor of 
     terrorism' means a country the government of which the 
     Secretary of State determines has repeatedly provided support 
     for international terrorism pursuant to--
       ``(A) section 1754(c)(1)(A) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4318(c)(1)(A));
       ``(B) section 620A of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371);
       ``(C) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       ``(D) any other provision of law.''.

     SEC. 328. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE 
                   DENIAL OF JORDAN COVE PERMITS.

       (a) Findings.--Congress finds the following:
       (1) On March 19, 2020, the Federal Energy Regulatory 
     Commission granted two Federal permits to Jordan Cove Energy 
     Project, L.P., to site, construct, and operate a new 
     liquefied natural gas export terminal in Coos County, Oregon.
       (2) On the same day, the Federal Energy Regulatory 
     Commission issued a certificate of public convenience and 
     necessity to Pacific Connector Gas Pipeline, L.P., to 
     construct and operate the proposed Pacific Connector Pipeline 
     in the counties of Klamath, Jackson, Douglas, and Coos of 
     Oregon.
       (3) The State of Oregon denied the permits and the 
     certificate necessary for these projects.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress disapproves of the denial of these permits by the 
     State of Oregon.

     SEC. 329. PROMOTING INTERAGENCY COORDINATION FOR REVIEW OF 
                   NATURAL GAS PIPELINES.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Federal authorization.--The term ``Federal 
     authorization'' has the meaning given that term in section 
     15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
       (3) NEPA review.--The term ``NEPA review'' means the 
     process of reviewing a proposed Federal action under section 
     102 of the National Environmental Policy Act of 1969 (42 
     U.S.C. 4332).
       (4) Project-related nepa review.--The term ``project-
     related NEPA review'' means any NEPA review required to be 
     conducted with respect to the issuance of an authorization 
     under section 3 of the Natural Gas Act or a certificate of 
     public convenience and necessity under section 7 of such Act.
       (b) Commission NEPA Review Responsibilities.--In acting as 
     the lead agency under section 15(b)(1) of the Natural Gas Act 
     for the purposes of complying with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to 
     an authorization under section 3 of the Natural Gas Act or a 
     certificate of public convenience and necessity under section 
     7 of such Act, the Commission shall, in accordance with this 
     section and other applicable Federal law--
       (1) be the only lead agency;
       (2) coordinate as early as practicable with each agency 
     designated as a participating agency under subsection (d)(3) 
     to ensure that the Commission develops information in 
     conducting its project-related NEPA review that is usable by 
     the participating agency in considering an aspect of an 
     application for a Federal authorization for which the agency 
     is responsible; and
       (3) take such actions as are necessary and proper to 
     facilitate the expeditious resolution of its project-related 
     NEPA review.
       (c) Deference to Commission.--In making a decision with 
     respect to a Federal authorization required with respect to 
     an application for authorization under section 3 of the 
     Natural Gas Act or a certificate of public convenience and 
     necessity under section 7 of such Act, each agency shall give 
     deference, to the maximum extent authorized by law, to the 
     scope of the project-related NEPA review that the Commission 
     determines to be appropriate.
       (d) Participating Agencies.--
       (1) Identification.--The Commission shall identify, not 
     later than 30 days after the Commission receives an 
     application for an authorization under section 3 of the 
     Natural Gas Act or a certificate of public convenience and 
     necessity under section 7 of such Act, any Federal or State 
     agency, local government, or Indian Tribe that may issue a 
     Federal authorization or is required by Federal law to 
     consult with the Commission in conjunction with the issuance 
     of a Federal authorization required for such authorization or 
     certificate.
       (2) Invitation.--
       (A) In general.--Not later than 45 days after the 
     Commission receives an application for an authorization under 
     section 3 of the Natural Gas Act or a certificate of public 
     convenience and necessity under section 7 of such Act, the 
     Commission shall invite any agency identified under paragraph 
     (1) to participate in the review process for the applicable 
     Federal authorization.
       (B) Deadline.--An invitation issued under subparagraph (A) 
     shall establish a deadline by which a response to the 
     invitation shall be submitted to the Commission, which may be 
     extended by the Commission for good cause.
       (3) Designation as participating agencies.--Not later than 
     60 days after the Commission receives an application for an 
     authorization under section 3 of the Natural Gas Act or a 
     certificate of public convenience and necessity under section 
     7 of such Act, the Commission shall designate an

[[Page S1938]]

     agency identified under paragraph (1) as a participating 
     agency with respect to an application for authorization under 
     section 3 of the Natural Gas Act or a certificate of public 
     convenience and necessity under section 7 of such Act unless 
     the agency informs the Commission, in writing, by the 
     deadline established pursuant to paragraph (2)(B), that the 
     agency--
       (A) has no jurisdiction or authority with respect to the 
     applicable Federal authorization;
       (B) has no special expertise or information relevant to any 
     project-related NEPA review; or
       (C) does not intend to submit comments for the record for 
     the project-related NEPA review conducted by the Commission.
       (4) Effect of non-designation.--
       (A) Effect on agency.--Any agency that is not designated as 
     a participating agency under paragraph (3) with respect to an 
     application for an authorization under section 3 of the 
     Natural Gas Act or a certificate of public convenience and 
     necessity under section 7 of such Act may not request or 
     conduct a NEPA review that is supplemental to the project-
     related NEPA review conducted by the Commission, unless the 
     agency--
       (i) demonstrates that such review is legally necessary for 
     the agency to carry out responsibilities in considering an 
     aspect of an application for a Federal authorization; and
       (ii) requires information that could not have been obtained 
     during the project-related NEPA review conducted by the 
     Commission.
       (B) Comments; record.--The Commission shall not, with 
     respect to an agency that is not designated as a 
     participating agency under paragraph (3) with respect to an 
     application for an authorization under section 3 of the 
     Natural Gas Act or a certificate of public convenience and 
     necessity under section 7 of such Act--
       (i) consider any comments or other information submitted by 
     such agency for the project-related NEPA review conducted by 
     the Commission; or
       (ii) include any such comments or other information in the 
     record for such project-related NEPA review.
       (e) Water Quality Impacts.--
       (1) In general.--Notwithstanding section 401 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1341), an applicant 
     for a Federal authorization shall not be required to provide 
     a certification under such section with respect to the 
     Federal authorization.
       (2) Coordination.--With respect to any NEPA review for a 
     Federal authorization to conduct an activity that will 
     directly result in a discharge into the navigable waters 
     (within the meaning of the Federal Water Pollution Control 
     Act), the Commission shall identify as an agency under 
     subsection (d)(1) the State in which the discharge originates 
     or will originate, or, if appropriate, the interstate water 
     pollution control agency having jurisdiction over the 
     navigable waters at the point where the discharge originates 
     or will originate.
       (3) Proposed conditions.--A State or interstate agency 
     designated as a participating agency pursuant to paragraph 
     (2) may propose to the Commission terms or conditions for 
     inclusion in an authorization under section 3 of the Natural 
     Gas Act or a certificate of public convenience and necessity 
     under section 7 of such Act that the State or interstate 
     agency determines are necessary to ensure that any activity 
     described in paragraph (2) conducted pursuant to such 
     authorization or certification will comply with the 
     applicable provisions of sections 301, 302, 303, 306, and 307 
     of the Federal Water Pollution Control Act.
       (4) Commission consideration of conditions.--The Commission 
     may include a term or condition in an authorization under 
     section 3 of the Natural Gas Act or a certificate of public 
     convenience and necessity under section 7 of such Act 
     proposed by a State or interstate agency under paragraph (3) 
     only if the Commission finds that the term or condition is 
     necessary to ensure that any activity described in paragraph 
     (2) conducted pursuant to such authorization or certification 
     will comply with the applicable provisions of sections 301, 
     302, 303, 306, and 307 of the Federal Water Pollution Control 
     Act.
       (f) Schedule.--
       (1) Deadline for federal authorizations.--A deadline for a 
     Federal authorization required with respect to an application 
     for authorization under section 3 of the Natural Gas Act or a 
     certificate of public convenience and necessity under section 
     7 of such Act set by the Commission under section 15(c)(1) of 
     such Act shall be not later than 90 days after the Commission 
     completes its project-related NEPA review, unless an 
     applicable schedule is otherwise established by Federal law.
       (2) Concurrent reviews.--Each Federal and State agency--
       (A) that may consider an application for a Federal 
     authorization required with respect to an application for 
     authorization under section 3 of the Natural Gas Act or a 
     certificate of public convenience and necessity under section 
     7 of such Act shall formulate and implement a plan for 
     administrative, policy, and procedural mechanisms to enable 
     the agency to ensure completion of Federal authorizations in 
     compliance with schedules established by the Commission under 
     section 15(c)(1) of such Act; and
       (B) in considering an aspect of an application for a 
     Federal authorization required with respect to an application 
     for authorization under section 3 of the Natural Gas Act or a 
     certificate of public convenience and necessity under section 
     7 of such Act, shall--
       (i) formulate and implement a plan to enable the agency to 
     comply with the schedule established by the Commission under 
     section 15(c)(1) of such Act;
       (ii) carry out the obligations of that agency under 
     applicable law concurrently, and in conjunction with, the 
     project-related NEPA review conducted by the Commission, and 
     in compliance with the schedule established by the Commission 
     under section 15(c)(1) of such Act, unless the agency 
     notifies the Commission in writing that doing so would impair 
     the ability of the agency to conduct needed analysis or 
     otherwise carry out such obligations;
       (iii) transmit to the Commission a statement--

       (I) acknowledging receipt of the schedule established by 
     the Commission under section 15(c)(1) of the Natural Gas Act; 
     and
       (II) setting forth the plan formulated under clause (i) of 
     this subparagraph;

       (iv) not later than 30 days after the agency receives such 
     application for a Federal authorization, transmit to the 
     applicant a notice--

       (I) indicating whether such application is ready for 
     processing; and
       (II) if such application is not ready for processing, that 
     includes a comprehensive description of the information 
     needed for the agency to determine that the application is 
     ready for processing;

       (v) determine that such application for a Federal 
     authorization is ready for processing for purposes of clause 
     (iv) if such application is sufficiently complete for the 
     purposes of commencing consideration, regardless of whether 
     supplemental information is necessary to enable the agency to 
     complete the consideration required by law with respect to 
     such application; and
       (vi) not less often than once every 90 days, transmit to 
     the Commission a report describing the progress made in 
     considering such application for a Federal authorization.
       (3) Failure to meet deadline.--If a Federal or State 
     agency, including the Commission, fails to meet a deadline 
     for a Federal authorization set forth in the schedule 
     established by the Commission under section 15(c)(1) of the 
     Natural Gas Act, not later than 5 days after such deadline, 
     the head of the relevant Federal agency (including, in the 
     case of a failure by a State agency, the Federal agency 
     overseeing the delegated authority) shall notify Congress and 
     the Commission of such failure and set forth a recommended 
     implementation plan to ensure completion of the action to 
     which such deadline applied.
       (g) Consideration of Applications for Federal 
     Authorization.--
       (1) Issue identification and resolution.--
       (A) Identification.--Federal and State agencies that may 
     consider an aspect of an application for a Federal 
     authorization shall identify, as early as possible, any 
     issues of concern that may delay or prevent an agency from 
     working with the Commission to resolve such issues and 
     granting such authorization.
       (B) Issue resolution.--The Commission may forward any issue 
     of concern identified under subparagraph (A) to the heads of 
     the relevant agencies (including, in the case of an issue of 
     concern that is a failure by a State agency, the Federal 
     agency overseeing the delegated authority, if applicable) for 
     resolution.
       (2) Remote surveys.--If a Federal or State agency 
     considering an aspect of an application for a Federal 
     authorization requires the person applying for such 
     authorization to submit data, the agency shall consider any 
     such data gathered by aerial or other remote means that the 
     person submits. The agency may grant a conditional approval 
     for the Federal authorization based on data gathered by 
     aerial or remote means, conditioned on the verification of 
     such data by subsequent onsite inspection.
       (3) Application processing.--The Commission, and Federal 
     and State agencies, may allow a person applying for a Federal 
     authorization to fund a third-party contractor to assist in 
     reviewing the application for such authorization.
       (h) Accountability, Transparency, Efficiency.--For an 
     application for an authorization under section 3 of the 
     Natural Gas Act or a certificate of public convenience and 
     necessity under section 7 of such Act that requires multiple 
     Federal authorizations, the Commission, with input from any 
     Federal or State agency considering an aspect of the 
     application, shall track and make available to the public on 
     the Commission's website information related to the actions 
     required to complete the Federal authorizations. Such 
     information shall include the following:
       (1) The schedule established by the Commission under 
     section 15(c)(1) of the Natural Gas Act.
       (2) A list of all the actions required by each applicable 
     agency to complete permitting, reviews, and other actions 
     necessary to obtain a final decision on the application.
       (3) The expected completion date for each such action.
       (4) A point of contact at the agency responsible for each 
     such action.
       (5) In the event that an action is still pending as of the 
     expected date of completion, a brief explanation of the 
     reasons for the delay.

[[Page S1939]]

       (i) Pipeline Security.--In considering an application for 
     an authorization under section 3 of the Natural Gas Act or a 
     certificate of public convenience and necessity under section 
     7 of such Act, the Federal Energy Regulatory Commission shall 
     consult with the Administrator of the Transportation Security 
     Administration regarding the applicant's compliance with 
     security guidance and best practice recommendations of the 
     Administration regarding pipeline infrastructure security, 
     pipeline cybersecurity, pipeline personnel security, and 
     other pipeline security measures.
       (j) Withdrawal of Policy Statements.--The Federal Energy 
     Regulatory Commission shall withdraw--
       (1) the updated policy statement titled ``Certification of 
     New Interstate Natural Gas Facilities'' published in the 
     Federal Register on March 1, 2022 (87 Fed. Reg. 11548); and
       (2) the interim policy statement titled ``Consideration of 
     Greenhouse Gas Emissions in Natural Gas Infrastructure 
     Project Reviews'' published in the Federal Register on March 
     11, 2022 (87 Fed. Reg. 14104).

     SEC. 330. INTERIM HAZARDOUS WASTE PERMITS FOR CRITICAL ENERGY 
                   RESOURCE FACILITIES.

       Section 3005(e) of the Solid Waste Disposal Act (42 U.S.C. 
     6925(e)) is amended--
       (1) in paragraph (1)(A)--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by inserting ``or'' after ``this 
     section,''; and
       (C) by adding at the end the following:
       ``(iii) is a critical energy resource facility,''; and
       (2) by adding at the end the following:
       ``(4) Definitions.--For the purposes of this subsection:
       ``(A) Critical energy resource.--The term `critical energy 
     resource' means, as determined by the Secretary of Energy, 
     any energy resource--
       ``(i) that is essential to the energy sector and energy 
     systems of the United States; and
       ``(ii) the supply chain of which is vulnerable to 
     disruption.
       ``(B) Critical energy resource facility.--The term 
     `critical energy resource facility' means a facility that 
     processes or refines a critical energy resource.''.

     SEC. 330A. FLEXIBLE AIR PERMITS FOR CRITICAL ENERGY RESOURCE 
                   FACILITIES.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall, as necessary, revise regulations 
     under parts 70 and 71 of title 40, Code of Federal 
     Regulations, to--
       (1) authorize the owner or operator of a critical energy 
     resource facility to utilize flexible air permitting (as 
     described in the final rule titled ``Operating Permit 
     Programs; Flexible Air Permitting Rule'' published by the 
     Environmental Protection Agency in the Federal Register on 
     October 6, 2009 (74 Fed. Reg. 51418)) with respect to such 
     critical energy resource facility; and
       (2) facilitate flexible, market-responsive operations (as 
     described in the final rule identified in paragraph (1)) with 
     respect to critical energy resource facilities.
       (b) Definitions.--In this section:
       (1) Critical energy resource.--The term ``critical energy 
     resource'' means, as determined by the Secretary of Energy, 
     any energy resource--
       (A) that is essential to the energy sector and energy 
     systems of the United States; and
       (B) the supply chain of which is vulnerable to disruption.
       (2) Critical energy resource facility.--The term ``critical 
     energy resource facility'' means a facility that processes or 
     refines a critical energy resource.

     SEC. 330B. NATIONAL SECURITY OR ENERGY SECURITY WAIVERS TO 
                   PRODUCE CRITICAL ENERGY RESOURCES.

       (a) Clean Air Act Requirements.--
       (1) In general.--If the Administrator of the Environmental 
     Protection Agency, in consultation with the Secretary of 
     Energy, determines that, by reason of a sudden increase in 
     demand for, or a shortage of, a critical energy resource, or 
     another cause, the processing or refining of a critical 
     energy resource at a critical energy resource facility is 
     necessary to meet the national security or energy security 
     needs of the United States, then the Administrator may, with 
     or without notice, hearing, or other report, issue a 
     temporary waiver of any requirement under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) with respect to such critical energy 
     resource facility that, in the judgment of the Administrator, 
     will allow for such processing or refining at such critical 
     energy resource facility as necessary to best meet such needs 
     and serve the public interest.
       (2) Conflict with other environmental laws.--The 
     Administrator shall ensure that any waiver of a requirement 
     under the Clean Air Act under this subsection, to the maximum 
     extent practicable, does not result in a conflict with a 
     requirement of any other applicable Federal, State, or local 
     environmental law or regulation and minimizes any adverse 
     environmental impacts.
       (3) Violations of other environmental laws.--To the extent 
     any omission or action taken by a party under a waiver issued 
     under this subsection is in conflict with any requirement of 
     a Federal, State, or local environmental law or regulation, 
     such omission or action shall not be considered a violation 
     of such environmental law or regulation, or subject such 
     party to any requirement, civil or criminal liability, or a 
     citizen suit under such environmental law or regulation.
       (4) Expiration and renewal of waivers.--A waiver issued 
     under this subsection shall expire not later than 90 days 
     after it is issued. The Administrator may renew or reissue 
     such waiver pursuant to paragraphs (1) and (2) for subsequent 
     periods, not to exceed 90 days for each period, as the 
     Administrator determines necessary to meet the national 
     security or energy security needs described in paragraph (1) 
     and serve the public interest. In renewing or reissuing a 
     waiver under this paragraph, the Administrator shall include 
     in any such renewed or reissued waiver such conditions as are 
     necessary to minimize any adverse environmental impacts to 
     the extent practicable.
       (5) Subsequent action by court.--If a waiver issued under 
     this subsection is subsequently stayed, modified, or set 
     aside by a court pursuant a provision of law, any omission or 
     action previously taken by a party under the waiver while the 
     waiver was in effect shall remain subject to paragraph (3).
       (6) Critical energy resource; critical energy resource 
     facility defined.--The terms ``critical energy resource'' and 
     ``critical energy resource facility'' have the meanings given 
     such terms in section 3025(f) of the Solid Waste Disposal Act 
     (as added by this section).
       (b) Solid Waste Disposal Act Requirements.--
       (1) Hazardous waste management.--The Solid Waste Disposal 
     Act (42 U.S.C. 6901 et seq.) is amended by inserting after 
     section 3024 the following:

     ``SEC. 3025. WAIVERS FOR CRITICAL ENERGY RESOURCE FACILITIES.

       ``(a) In General.--If the Administrator, in consultation 
     with the Secretary of Energy, determines that, by reason of a 
     sudden increase in demand for, or a shortage of, a critical 
     energy resource, or another cause, the processing or refining 
     of a critical energy resource at a critical energy resource 
     facility is necessary to meet the national security or energy 
     security needs of the United States, then the Administrator 
     may, with or without notice, hearing, or other report, issue 
     a temporary waiver of any covered requirement with respect to 
     such critical energy resource facility that, in the judgment 
     of the Administrator, will allow for such processing or 
     refining at such critical energy resource facility as 
     necessary to best meet such needs and serve the public 
     interest.
       ``(b) Conflict With Other Environmental Laws.--The 
     Administrator shall ensure that any waiver of a covered 
     requirement under this section, to the maximum extent 
     practicable, does not result in a conflict with a requirement 
     of any other applicable Federal, State, or local 
     environmental law or regulation and minimizes any adverse 
     environmental impacts.
       ``(c) Violations of Other Environmental Laws.--To the 
     extent any omission or action taken by a party under a waiver 
     issued under this section is in conflict with any requirement 
     of a Federal, State, or local environmental law or 
     regulation, such omission or action shall not be considered a 
     violation of such environmental law or regulation, or subject 
     such party to any requirement, civil or criminal liability, 
     or a citizen suit under such environmental law or regulation.
       ``(d) Expiration and Renewal of Waivers.--A waiver issued 
     under this section shall expire not later than 90 days after 
     it is issued. The Administrator may renew or reissue such 
     waiver pursuant to subsections (a) and (b) for subsequent 
     periods, not to exceed 90 days for each period, as the 
     Administrator determines necessary to meet the national 
     security or energy security needs described in subsection (a) 
     and serve the public interest. In renewing or reissuing a 
     waiver under this subsection, the Administrator shall include 
     in any such renewed or reissued waiver such conditions as are 
     necessary to minimize any adverse environmental impacts to 
     the extent practicable.
       ``(e) Subsequent Action by Court.--If a waiver issued under 
     this section is subsequently stayed, modified, or set aside 
     by a court pursuant a provision of law, any omission or 
     action previously taken by a party under the waiver while the 
     waiver was in effect shall remain subject to subsection (c).
       ``(f) Definitions.--In this section:
       ``(1) Covered requirement.--The term `covered requirement' 
     means--
       ``(A) any standard established under section 3002, 3003, or 
     3004;
       ``(B) the permit requirement under section 3005; or
       ``(C) any other requirement of this Act, as the 
     Administrator determines appropriate.
       ``(2) Critical energy resource.--The term `critical energy 
     resource' means, as determined by the Secretary of Energy, 
     any energy resource--
       ``(A) that is essential to the energy sector and energy 
     systems of the United States; and
       ``(B) the supply chain of which is vulnerable to 
     disruption.
       ``(3) Critical energy resource facility.--The term 
     `critical energy resource facility' means a facility that 
     processes or refines a critical energy resource.''.
       (2) Table of contents.--The table of contents of the Solid 
     Waste Disposal Act is amended by inserting after the item 
     relating to section 3024 the following:

``Sec. 3025. Waivers for critical energy resource facilities.''.

     SEC. 330C. NATURAL GAS TAX REPEAL.

       (a) Repeal.--Section 136 of the Clean Air Act (42 U.S.C. 
     7436)(relating to methane emissions and waste reduction 
     incentive program for petroleum and natural gas systems) is 
     repealed.

[[Page S1940]]

       (b) Rescission.--The unobligated balance of any amounts 
     made available under section 136 of the Clean Air Act (42 
     U.S.C. 7436)(as in effect on the day before the date of 
     enactment of this Act) is rescinded.

     SEC. 330D. REPEAL OF GREENHOUSE GAS REDUCTION FUND.

       (a) Repeal.--Section 134 of the Clean Air Act (42 U.S.C. 
     7434)(relating to the greenhouse gas reduction fund) is 
     repealed.
       (b) Rescission.--The unobligated balance of any amounts 
     made available under section 134 of the Clean Air Act (42 
     U.S.C. 7434)(as in effect on the day before the date of 
     enactment of this Act) is rescinded.
       (c) Conforming Amendment.--Section 60103 of Public Law 117-
     169 (relating to the greenhouse gas reduction fund) is 
     repealed.

     SEC. 330E. ENDING FUTURE DELAYS IN CHEMICAL SUBSTANCE REVIEW 
                   FOR CRITICAL ENERGY RESOURCES.

       Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 
     2604(a)) is amended by adding at the end the following:
       ``(6) Critical energy resources.--
       ``(A) Standard.--For purposes of a determination under 
     paragraph (3) with respect to a chemical substance that is a 
     critical energy resource, the Administrator shall take into 
     consideration economic, societal, and environmental costs and 
     benefits, notwithstanding any requirement of this section to 
     not take such factors into consideration.
       ``(B) Failure to render determination.--
       ``(i) Actions authorized.--If, with respect to a chemical 
     substance that is a critical energy resource, the 
     Administrator fails to make a determination on a notice under 
     paragraph (3) by the end of the applicable review period and 
     the notice has not been withdrawn by the submitter, the 
     submitter may take the actions described in paragraph (1)(A) 
     with respect to the chemical substance, and the Administrator 
     shall be relieved of any requirement to make such 
     determination.
       ``(ii) Non-duplication.--A refund of applicable fees under 
     paragraph (4)(A) shall not be made if a submitter takes an 
     action described in paragraph (1)(A) under this subparagraph.
       ``(C) Prerequisite for suggestion of withdrawal or 
     suspension.--The Administrator may not suggest to, or request 
     of, a submitter of a notice under this subsection for a 
     chemical substance that is a critical energy resource that 
     such submitter withdraw such notice, or request a suspension 
     of the running of the applicable review period with respect 
     to such notice, unless the Administrator has--
       ``(i) conducted a preliminary review of such notice; and
       ``(ii) provided to the submitter a draft of a determination 
     under paragraph (3), including any supporting information.
       ``(D) Definition.--For purposes of this paragraph, the term 
     `critical energy resource' means, as determined by the 
     Secretary of Energy, any energy resource--
       ``(i) that is essential to the energy sector and energy 
     systems of the United States; and
       ``(ii) the supply chain of which is vulnerable to 
     disruption.''.

     SEC. 330F. KEEPING AMERICA'S REFINERIES OPERATING.

       (a) In General.--The owner or operator of a stationary 
     source described in subsection (b) of this section shall not 
     be required by the regulations promulgated under section 
     112(r)(7)(B) of the Clean Air Act (42 U.S.C. 7412(r)(7)(B)) 
     to include in any hazard assessment under clause (ii) of such 
     section 112(r)(7)(B) an assessment of safer technology and 
     alternative risk management measures with respect to the use 
     of hydrofluoric acid in an alkylation unit.
       (b) Stationary Source Described.--A stationary source 
     described in this subsection is a stationary source (as 
     defined in section 112(r)(2)(C) of the Clean Air Act (42 
     U.S.C. 7412(r)(2)(C)) in North American Industry 
     Classification System code 324--
       (1) for which a construction permit or operating permit has 
     been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et 
     seq.); or
       (2) for which the owner or operator demonstrates to the 
     Administrator of the Environmental Protection Agency that 
     such stationary source conforms or will conform to the most 
     recent version of American Petroleum Institute Recommended 
     Practice 751.

     SEC. 330G. HOMEOWNER ENERGY FREEDOM.

       (a) In General.--The following are repealed:
       (1) Section 50122 of Public Law 117-169 (42 U.S.C. 18795a) 
     (relating to a high-efficiency electric home rebate program).
       (2) Section 50123 of Public Law 117-169 (42 U.S.C. 18795b) 
     (relating to State-based home energy efficiency contractor 
     training grants).
       (3) Section 50131 of Public Law 117-169 (136 Stat. 2041) 
     (relating to assistance for latest and zero building energy 
     code adoption).
       (b) Rescissions.--The unobligated balances of any amounts 
     made available under each of sections 50122, 50123, and 50131 
     of Public Law 117-169 (42 U.S.C. 18795a, 18795b; 136 Stat. 
     2041) (as in effect on the day before the date of enactment 
     of this Act) are rescinded.
       (c) Conforming Amendment.--Section 50121(c)(7) of Public 
     Law 117-169 (42 U.S.C. 18795(c)(7)) is amended by striking 
     ``, including a rebate provided under a high-efficiency 
     electric home rebate program (as defined in section 
     50122(d)),''.

     SEC. 330H. STUDY.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Energy, in consultation with the 
     Nuclear Regulatory Commission, shall conduct a study on how 
     to streamline regulatory timelines relating to developing new 
     power plants by examining practices relating to various power 
     generating sources, including fossil and nuclear generating 
     sources.

     SEC. 330I. STATE PRIMARY ENFORCEMENT RESPONSIBILITY.

       (a) Amendments.--Section 1422(b) of the Safe Drinking Water 
     Act (42 U.S.C. 300h-1(b)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``Within ninety days'' and inserting ``(A) 
     Within ninety days'';
       (B) by striking ``and after reasonable opportunity for 
     presentation of views''; and
       (C) by adding at the end the following:
       ``(B) If, after 270 calendar days of a State's application 
     being submitted under paragraph (1)(A) or notice being 
     submitted under paragraph (1)(B), the Administrator has not, 
     pursuant to subparagraph (A), by rule approved, disapproved, 
     or approved in part and disapproved in part the State's 
     underground injection control program--
       ``(i) the Administrator shall transmit, in writing, to the 
     State a detailed explanation as to the status of the 
     application or notice; and
       ``(ii) the State's underground injection control program 
     shall be deemed approved under this section if--
       ``(I) the Administrator has not after another 30 days, 
     pursuant to subparagraph (A), by rule approved, disapproved, 
     or approved in part and disapproved in part the State's 
     underground injection control program; and
       ``(II) the State has established and implemented an 
     effective program (including adequate recordkeeping and 
     reporting) to prevent underground injection which endangers 
     drinking water sources.'';
       (2) by amending paragraph (4) to read as follows:
       ``(4) Before promulgating any rule under paragraph (2) or 
     (3) of this subsection, the Administrator shall--
       ``(A) provide a reasonable opportunity for presentation of 
     views with respect to such rule, including a public hearing 
     and a public comment period; and
       ``(B) publish in the Federal Register notice of the 
     reasonable opportunity for presentation of views provided 
     under subparagraph (A).''; and
       (3) by adding at the end the following:
       ``(5) Preapplication Activities.--The Administrator shall 
     work as expeditiously as possible with States to complete any 
     necessary activities relevant to the submission of an 
     application under paragraph (1)(A) or notice under paragraph 
     (1)(B), taking into consideration the need for a complete and 
     detailed submission.
       ``(6) Application Coordination for Class VI Wells.--With 
     respect to the underground injection control program for 
     Class VI wells (as defined in section 40306(a) of the 
     Infrastructure Investment and Jobs Act (42 U.S.C. 300h-
     9(a))), the Administrator shall designate one individual at 
     the Agency from each regional office to be responsible for 
     coordinating--
       ``(A) the completion of any necessary activities prior to 
     the submission of an application under paragraph (1)(A) or 
     notice under paragraph (1)(B), in accordance with paragraph 
     (5);
       ``(B) the review of an application submitted under 
     paragraph (1)(A) or notice submitted under paragraph (1)(B);
       ``(C) any reasonable opportunity for presentation of views 
     provided under paragraph (4)(A) and any notice published 
     under paragraph (4)(B); and
       ``(D) pursuant to the recommendations included in the 
     report required under paragraph (7), the hiring of additional 
     staff to carry out subparagraphs (A) through (C).
       ``(7) Evaluation of Resources.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this paragraph, the individual designated under 
     paragraph (6) shall transmit to the appropriate Congressional 
     committees a report, including recommendations, regarding 
     the--
       ``(i) availability of staff and resources to promptly carry 
     out the requirements of paragraph (6); and
       ``(ii) additional funding amounts needed to do so.
       ``(B) Appropriate congressional committees defined.--In 
     this paragraph, the term `appropriate Congressional 
     Committees' means--
       ``(i) in the Senate--
       ``(I) the Committee on Environment and Public Works; and
       ``(II) the Committee on Appropriations; and
       ``(ii) in the House of Representatives--
       ``(I) the Committee on Energy and Commerce; and
       ``(II) the Committee on Appropriations.''.
       (b) Funding.--In each of fiscal years 2023 through 2026, 
     amounts made available by title VI of division J of the 
     Infrastructure Investment and Jobs Act under paragraph (7) of 
     the heading ``Environmental Protection Agency--State and 
     Tribal Assistance Grants'' (Public Law 117-58; 135 Stat. 
     1402) may also be made available, subject to appropriations, 
     to carry out paragraphs (5), (6), and (7) of section 1422(b) 
     of the Safe Drinking Water Act, as added by this section.
       (c) Rule of Construction.--The amendments made by this 
     section shall--
       (1) apply to all applications submitted to the 
     Environmental Protection Agency after the date of enactment 
     of this Act to establish an underground injection control 
     program under section 1422(b) of the Safe Drinking Water Act 
     (42 U.S.C. 300h-1); and

[[Page S1941]]

       (2) with respect to such applications submitted prior to 
     the date of enactment of this Act, the 270 and 300 day 
     deadlines under section 1422(b)(2)(B) of the Safe Drinking 
     Water Act, as added by this section, shall begin on the date 
     of enactment of this Act.

     SEC. 330J. USE OF INDEX-BASED PRICING IN ACQUISITION OF 
                   PETROLEUM PRODUCTS FOR THE SPR.

       Section 160(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6240(c)) is amended--
       (1) by redesignating paragraphs (1) through (6) as clauses 
     (i) through (vi), respectively (and adjusting the margins 
     accordingly);
       (2) by striking ``The Secretary shall'' and inserting the 
     following:
       ``(1) In general.--The Secretary shall''; and
       (3) by striking ``Such procedures shall take into account 
     the need to--'' and inserting the following:
       ``(2) Inclusions.--Procedures developed under this 
     subsection shall--
       ``(A) require acquisition of petroleum products using 
     index-based pricing; and
       ``(B) take into account the need to--''.

     SEC. 330K. PROHIBITION ON CERTAIN EXPORTS.

       (a) In General.--The Energy Policy and Conservation Act is 
     amended by inserting after section 163 (42 U.S.C. 6243) the 
     following:

     ``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.

       ``(a) In General.--The Secretary shall prohibit the export 
     or sale of petroleum products drawn down from the Strategic 
     Petroleum Reserve, under any provision of law, to--
       ``(1) the People's Republic of China;
       ``(2) the Democratic People's Republic of Korea;
       ``(3) the Russian Federation;
       ``(4) the Islamic Republic of Iran;
       ``(5) any other country the government of which is subject 
     to sanctions imposed by the United States; and
       ``(6) any entity owned, controlled, or influenced by--
       ``(A) a country referred to in any of paragraphs (1) 
     through (5); or
       ``(B) the Chinese Communist Party.
       ``(b) Waiver.--The Secretary may issue a waiver of the 
     prohibition described in subsection (a) if the Secretary 
     certifies that any export or sale authorized pursuant to the 
     waiver is in the national security interests of the United 
     States.
       ``(c) Rule.--Not later than 60 days after the date of 
     enactment of the Fiscal Responsibility Act of 2023, the 
     Secretary shall issue a rule to carry out this section.''.
       (b) Conforming Amendments.--
       (1) Drawdown and sale of petroleum products.--Section 
     161(a) of the Energy Policy and Conservation Act (42 U.S.C. 
     6241(a)) is amended by inserting ``and section 164'' before 
     the period at the end.
       (2) Clerical amendment.--The table of contents for the 
     Energy Policy and Conservation Act is amended by inserting 
     after the item relating to section 163 the following:

``Sec. 164. Prohibition on certain exports.''.

     SEC. 330L. SENSE OF CONGRESS EXPRESSING DISAPPROVAL OF THE 
                   PROPOSED TAX HIKES ON THE OIL AND NATURAL GAS 
                   INDUSTRY IN THE PRESIDENT'S FISCAL YEAR 2024 
                   BUDGET REQUEST.

       (a) Finding.--Congress finds that President Biden's fiscal 
     year 2024 budget request proposes to repeal tax provisions 
     that are vital to the oil and natural gas industry of the 
     United States, resulting in a $31,000,000,000 tax hike on oil 
     and natural gas producers in the United States.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress disapproves of the proposed tax hike on the oil and 
     natural gas industry in the President's fiscal year 2024 
     budget request.

     SEC. 330M. DOMESTIC ENERGY INDEPENDENCE REPORT.

       Not later than 120 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection 
     Agency, in consultation with the Secretary of Energy, shall 
     submit to Congress a report that identifies and assesses 
     regulations promulgated by the Administrator during the 15-
     year period preceding the date of enactment of this Act that 
     have--
       (1) reduced the energy independence of the United States;
       (2) increased the regulatory burden for energy producers in 
     the United States;
       (3) decreased the energy output by such energy producers;
       (4) reduced the energy security of the United States; or
       (5) increased energy costs for consumers in the United 
     States.

     SEC. 330N. GAO STUDY.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a study on how banning natural gas appliances will 
     affect the rates and charges for electric ity.

     SEC. 330O. GAS KITCHEN RANGES AND OVENS.

       The Secretary of Energy may not finalize, implement, 
     administer, or enforce the proposed rule titled ``Energy 
     Conservation Program: Energy Conservation Standards for 
     Consumer Conventional Cooking Products; Supplemental notice 
     of proposed rulemaking and announcement of public meeting'' 
     (88 Fed. Reg. 6818; published February 1, 2023) with respect 
     to energy conservation standards for gas kitchen ranges and 
     ovens, or any substantially similar rule, including any rule 
     that would directly or indirectly limit consumer access to 
     gas kitchen ranges and ovens.

 TITLE IV--TRANSPARENCY, ACCOUNTABILITY, PERMITTING, AND PRODUCTION OF 
                           AMERICAN RESOURCES

     SEC. 331. SHORT TITLE.

       This title may be cited as the ``Transparency, 
     Accountability, Permitting, and Production of American 
     Resources Act'' or the ``TAPP American Resources Act''.

         Subtitle A--Onshore and Offshore Leasing and Oversight

     SEC. 332. ONSHORE OIL AND GAS LEASING.

       (a) Requirement To Immediately Resume Onshore Oil and Gas 
     Lease Sales.--
       (1) In general.--The Secretary of the Interior shall 
     immediately resume quarterly onshore oil and gas lease sales 
     in compliance with the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.).
       (2) Requirement.--The Secretary of the Interior shall 
     ensure--
       (A) that any oil and gas lease sale pursuant to paragraph 
     (1) is conducted immediately on completion of all applicable 
     scoping, public comment, and environmental analysis 
     requirements under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.) and the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) that the processes described in subparagraph (A) are 
     conducted in a timely manner to ensure compliance with 
     subsection (b)(1).
       (3) Lease of oil and gas lands.--Section 17(b)(1)(A) of the 
     Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is amended by 
     inserting ``Eligible lands comprise all lands subject to 
     leasing under this Act and not excluded from leasing by a 
     statutory or regulatory prohibition. Available lands are 
     those lands that have been designated as open for leasing 
     under a land use plan developed under section 202 of the 
     Federal Land Policy and Management Act of 1976 and that have 
     been nominated for leasing through the submission of an 
     expression of interest, are subject to drainage in the 
     absence of leasing, or are otherwise designated as available 
     pursuant to regulations adopted by the Secretary.'' after 
     ``sales are necessary.''.
       (b) Quarterly Lease Sales.--
       (1) In general.--In accordance with the Mineral Leasing Act 
     (30 U.S.C. 181 et seq.), each fiscal year, the Secretary of 
     the Interior shall conduct a minimum of four oil and gas 
     lease sales in each of the following States:
       (A) Wyoming.
       (B) New Mexico.
       (C) Colorado.
       (D) Utah.
       (E) Montana.
       (F) North Dakota.
       (G) Oklahoma.
       (H) Nevada.
       (I) Alaska.
       (J) Any other State in which there is land available for 
     oil and gas leasing under the Mineral Leasing Act (30 U.S.C. 
     181 et seq.) or any other mineral leasing law.
       (2) Requirement.--In conducting a lease sale under 
     paragraph (1) in a State described in that paragraph, the 
     Secretary of the Interior shall offer all parcels nominated 
     and eligible pursuant to the requirements of the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.) for oil and gas 
     exploration, development, and production under the resource 
     management plan in effect for the State.
       (3) Replacement sales.--The Secretary of the Interior shall 
     conduct a replacement sale during the same fiscal year if--
       (A) a lease sale under paragraph (1) is canceled, delayed, 
     or deferred, including for a lack of eligible parcels; or
       (B) during a lease sale under paragraph (1) the percentage 
     of acreage that does not receive a bid is equal to or greater 
     than 25 percent of the acreage offered.
       (4) Notice regarding missed sales.--Not later than 30 days 
     after a sale required under this subsection is canceled, 
     delayed, deferred, or otherwise missed the Secretary of the 
     Interior shall submit to the Committee on Natural Resources 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate a report that states what 
     sale was missed and why it was missed.

     SEC. 333. LEASE REINSTATEMENT.

       The reinstatement of a lease entered into under the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.) or the Geothermal Steam 
     Act of 1970 (30 U.S.C. 1001 et seq.) by the Secretary shall 
     be not considered a major Federal action under section 
     102(2)(C) of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332(2)(C)).

     SEC. 334. PROTESTED LEASE SALES.

       Section 17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 
     226(b)(1)(A)) is amended by inserting ``The Secretary shall 
     resolve any protest to a lease sale not later than 60 days 
     after such payment.'' after ``annual rental for the first 
     lease year.''.

     SEC. 335. SUSPENSION OF OPERATIONS.

       Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is 
     amended by adding at the end the following:
       ``(r) Suspension of Operations Permits.--In the event that 
     an oil and gas lease owner has submitted an expression of 
     interest for adjacent acreage that is part of the nature of 
     the geological play and has yet to be offered in a lease sale 
     by the Secretary, they may request a suspension of operations 
     from the Secretary of the Interior and upon request, the 
     Secretary shall grant the suspension of operations within 15 
     days. Any payment of

[[Page S1942]]

     acreage rental or of minimum royalty prescribed by such lease 
     likewise shall be suspended during such period of suspension 
     of operations and production; and the term of such lease 
     shall be extended by adding any such suspension period 
     thereto.''.

     SEC. 336. ADMINISTRATIVE PROTEST PROCESS REFORM.

       Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is 
     further amended by adding at the end the following:
       ``(s) Protest Filing Fee.--
       ``(1) In general.--Before processing any protest filed 
     under this section, the Secretary shall collect a filing fee 
     in the amount described in paragraph (2) from the protestor 
     to recover the cost for processing documents filed for each 
     administrative protest.
       ``(2) Amount.--The amount described in this paragraph is 
     calculated as follows:
       ``(A) For each protest filed in a submission not exceeding 
     10 pages in length, the base filing fee shall be $150.
       ``(B) For each submission exceeding 10 pages in length, in 
     addition to the base filing fee, an assessment of $5 per page 
     in excess of 10 pages shall apply.
       ``(C) For protests that include more than one oil and gas 
     lease parcel, right-of-way, or application for permit to 
     drill in a submission, an additional assessment of $10 per 
     additional lease parcel, right-of-way, or application for 
     permit to drill shall apply.
       ``(3) Adjustment.--
       ``(A) In general.--Beginning on January 1, 2024, and 
     annually thereafter, the Secretary shall adjust the filing 
     fees established in this subsection to whole dollar amounts 
     to reflect changes in the Producer Price Index, as published 
     by the Bureau of Labor Statistics, for the previous 12 
     months.
       ``(B) Publication of adjusted filing fees.--At least 30 
     days before the filing fees as adjusted under this paragraph 
     take effect, the Secretary shall publish notification of the 
     adjustment of such fees in the Federal Register.''.

     SEC. 337. LEASING AND PERMITTING TRANSPARENCY.

       (a) Report.--Not later than 30 days after the date of the 
     enactment of this section, and annually thereafter, the 
     Secretary of the Interior shall submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report that describes--
       (1) the status of nominated parcels for future onshore oil 
     and gas and geothermal lease sales, including--
       (A) the number of expressions of interest received each 
     month during the period of 365 days that ends on the date on 
     which the report is submitted with respect to which the 
     Bureau of Land Management--
       (i) has not taken any action to review;
       (ii) has not completed review; or
       (iii) has completed review and determined that the relevant 
     area meets all applicable requirements for leasing, but has 
     not offered the relevant area in a lease sale;
       (B) how long expressions of interest described in 
     subparagraph (A) have been pending; and
       (C) a plan, including timelines, for how the Secretary of 
     the Interior plans to--
       (i) work through future expressions of interest to prevent 
     delays;
       (ii) put expressions of interest described in subparagraph 
     (A) into a lease sale; and
       (iii) complete review for expressions of interest described 
     in clauses (i) and (ii) of subparagraph (A);
       (2) the status of each pending application for permit to 
     drill received during the period of 365 days that ends on the 
     date on which the report is submitted, including the number 
     of applications received each month, by each Bureau of Land 
     Management office, including--
       (A) a description of the cause of delay for pending 
     applications, including as a result of staffing shortages, 
     technical limitations, incomplete applications, and 
     incomplete review pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other 
     applicable laws;
       (B) the number of days an application has been pending in 
     violation of section 17(p)(2) of the Mineral Leasing Act (30 
     U.S.C. 226(p)(2)); and
       (C) a plan for how the office intends to come into 
     compliance with the requirements of section 17(p)(2) of the 
     Mineral Leasing Act (30 U.S.C. 226(p)(2));
       (3) the number of permits to drill issued each month by 
     each Bureau of Land Management office during the 5-year 
     period ending on the date on which the report is submitted;
       (4) the status of each pending application for a license 
     for offshore geological and geophysical surveys received 
     during the period of 365 days that ends on the date on which 
     the report is submitted, including the number of applications 
     received each month, by each Bureau of Ocean Energy 
     management regional office, including--
       (A) a description of any cause of delay for pending 
     applications, including as a result of staffing shortages, 
     technical limitations, incomplete applications, and 
     incomplete review pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other 
     applicable laws;
       (B) the number of days an application has been pending; and
       (C) a plan for how the Bureau of Ocean Energy Management 
     intends to complete review of each application;
       (5) the number of licenses for offshore geological and 
     geophysical surveys issued each month by each Bureau of Ocean 
     Energy Management regional office during the 5-year period 
     ending on the date on which the report is submitted;
       (6) the status of each pending application for a permit to 
     drill received during the period of 365 days that ends on the 
     date on which the report is submitted, including the number 
     of applications received each month, by each Bureau of Safety 
     and Environmental Enforcement regional office, including--
       (A) a description of any cause of delay for pending 
     applications, including as a result of staffing shortages, 
     technical limitations, incomplete applications, and 
     incomplete review pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other 
     applicable laws;
       (B) the number of days an application has been pending; and
       (C) steps the Bureau of Safety and Environmental 
     Enforcement is taking to complete review of each application;
       (7) the number of permits to drill issued each month by 
     each Bureau of Safety and Environmental Enforcement regional 
     office during the period of 365 days that ends on the date on 
     which the report is submitted;
       (8) how, as applicable, the Bureau of Land Management, the 
     Bureau of Ocean Energy Management, and the Bureau of Safety 
     and Environmental Enforcement determines whether to--
       (A) issue a license for geological and geophysical surveys;
       (B) issue a permit to drill; and
       (C) issue, extend, or suspend an oil and gas lease;
       (9) when determinations described in paragraph (8) are sent 
     to the national office of the Bureau of Land Management, the 
     Bureau of Ocean Energy Management, or the Bureau of Safety 
     and Environmental Enforcement for final approval;
       (10) the degree to which Bureau of Land Management, Bureau 
     of Ocean Energy Management, and Bureau of Safety and 
     Environmental Enforcement field, State, and regional offices 
     exercise discretion on such final approval;
       (11) during the period of 365 days that ends on the date on 
     which the report is submitted, the number of auctioned leases 
     receiving accepted bids that have not been issued to winning 
     bidders and the number of days such leases have not been 
     issued; and
       (12) a description of the uses of application for permit to 
     drill fees paid by permit holders during the 5-year period 
     ending on the date on which the report is submitted.
       (b) Pending Applications for Permits To Drill.--Not later 
     than 30 days after the date of the enactment of this section, 
     the Secretary of the Interior shall--
       (1) complete all requirements under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     other applicable law that must be met before issuance of a 
     permit to drill described in paragraph (2); and
       (2) issue a permit for all completed applications to drill 
     that are pending on the date of the enactment of this Act.
       (c) Public Availability of Data.--
       (1) Mineral leasing act.--Section 17 of the Mineral Leasing 
     Act (30 U.S.C. 226) is further amended by adding at the end 
     the following:
       ``(t) Public Availability of Data.--
       ``(1) Expressions of interest.--Not later than 30 days 
     after the date of the enactment of this subsection, and each 
     month thereafter, the Secretary shall publish on the website 
     of the Department of the Interior the number of pending, 
     approved, and not approved expressions of interest in 
     nominated parcels for future onshore oil and gas lease sales 
     in the preceding month.
       ``(2) Applications for permits to drill.--Not later than 30 
     days after the date of the enactment of this subsection, and 
     each month thereafter, the Secretary shall publish on the 
     website of the Department of the Interior the number of 
     pending and approved applications for permits to drill in the 
     preceding month in each State office.
       ``(3) Past data.--Not later than 30 days after the date of 
     the enactment of this subsection, the Secretary shall publish 
     on the website of the Department of the Interior, with 
     respect to each month during the 5-year period ending on the 
     date of the enactment of this subsection--
       ``(A) the number of approved and not approved expressions 
     of interest for onshore oil and gas lease sales during such 
     5-year period; and
       ``(B) the number of approved and not approved applications 
     for permits to drill during such 5-year period.''.
       (2) Outer continental shelf lands act.--Section 8 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended 
     by adding at the end the following:
       ``(q) Public Availability of Data.--
       ``(1) Offshore geological and geophysical survey 
     licenses.--Not later than 30 days after the date of the 
     enactment of this subsection, and each month thereafter, the 
     Secretary shall publish on the website of the Department of 
     the Interior the number of pending and approved applications 
     for licenses for offshore geological and geophysical surveys 
     in the preceding month.
       ``(2) Applications for permits to drill.--Not later than 30 
     days after the date of the enactment of this subsection, and 
     each month thereafter, the Secretary shall publish on the 
     website of the Department of the Interior the number of 
     pending and approved applications for permits to drill on the 
     outer

[[Page S1943]]

     Continental Shelf in the preceding month in each regional 
     office.
       ``(3) Past data.--Not later than 30 days after the date of 
     the enactment of this subsection, the Secretary shall publish 
     on the website of the Department of the Interior, with 
     respect each month during the 5-year period ending on the 
     date of the enactment of this subsection--
       ``(A) the number of approved applications for licenses for 
     offshore geological and geophysical surveys; and
       ``(B) the number of approved applications for permits to 
     drill on the outer Continental Shelf.''.
       (d) Requirement To Submit Documents and Communications.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this section, the Secretary of the Interior 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives all documents and communications 
     relating to the comprehensive review of Federal oil and gas 
     permitting and leasing practices required under section 208 
     of Executive Order No. 14008 (86 Fed. Reg. 7624; relating to 
     tackling the climate crisis at home and abroad).
       (2) Inclusions.--The submission under paragraph (1) shall 
     include all documents and communications submitted to the 
     Secretary of the Interior by members of the public in 
     response to any public meeting or forum relating to the 
     comprehensive review described in that paragraph.

     SEC. 338. OFFSHORE OIL AND GAS LEASING.

       (a) In General.--The Secretary shall conduct all lease 
     sales described in the 2017-2022 Outer Continental Shelf Oil 
     and Gas Leasing Proposed Final Program (November 2016) that 
     have not been conducted as of the date of the enactment of 
     this Act by not later than September 30, 2023.
       (b) Gulf of Mexico Region Annual Lease Sales.--
     Notwithstanding any other provision of law, and except within 
     areas subject to existing oil and gas leasing moratoria 
     beginning in fiscal year 2023, the Secretary of the Interior 
     shall annually conduct a minimum of 2 region-wide oil and gas 
     lease sales in the following planning areas of the Gulf of 
     Mexico region, as described in the 2017-2022 Outer 
     Continental Shelf Oil and Gas Leasing Proposed Final Program 
     (November 2016):
       (1) The Central Gulf of Mexico Planning Area.
       (2) The Western Gulf of Mexico Planning Area.
       (c) Alaska Region Annual Lease Sales.--Notwithstanding any 
     other provision of law, beginning in fiscal year 2023, the 
     Secretary of the Interior shall annually conduct a minimum of 
     2 region-wide oil and gas lease sales in the Alaska region of 
     the Outer Continental Shelf, as described in the 2017-2022 
     Outer Continental Shelf Oil and Gas Leasing Proposed Final 
     Program (November 2016).
       (d) Requirements.--In conducting lease sales under 
     subsections (b) and (c), the Secretary of the Interior 
     shall--
       (1) issue such leases in accordance with the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1332 et seq.); and
       (2) include in each such lease sale all unleased areas that 
     are not subject to a moratorium as of the date of the lease 
     sale.

     SEC. 339. FIVE-YEAR PLAN FOR OFFSHORE OIL AND GAS LEASING.

       Section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) is amended--
       (1) in subsection (a)--
       (A) by striking ``subsections (c) and (d) of this section, 
     shall prepare and periodically revise,'' and inserting ``this 
     section, shall issue every five years'';
       (B) by adding at the end the following:
       ``(5) Each five-year program shall include at least two 
     Gulf of Mexico region-wide lease sales per year.''; and
       (C) in paragraph (3), by inserting ``domestic energy 
     security,'' after ``between'';
       (2) by redesignating subsections (f) through (i) as 
     subsections (h) through (k), respectively; and
       (3) by inserting after subsection (e) the following:
       ``(f) Five-Year Program for 2023-2028.--The Secretary shall 
     issue the five-year oil and gas leasing program for 2023 
     through 2028 and issue the Record of Decision on the Final 
     Programmatic Environmental Impact Statement by not later than 
     July 1, 2023.
       ``(g) Subsequent Leasing Programs.--
       ``(1) In general.--Not later than 36 months after 
     conducting the first lease sale under an oil and gas leasing 
     program prepared pursuant to this section, the Secretary 
     shall begin preparing the subsequent oil and gas leasing 
     program under this section.
       ``(2) Requirement.--Each subsequent oil and gas leasing 
     program under this section shall be approved by not later 
     than 180 days before the expiration of the previous oil and 
     gas leasing program.''.

     SEC. 340. GEOTHERMAL LEASING.

       (a) Annual Leasing.--Section 4(b) of the Geothermal Steam 
     Act of 1970 (30 U.S.C. 1003(b)) is amended--
       (1) in paragraph (2), by striking ``2 years'' and inserting 
     ``year'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (3) after paragraph (2), by inserting the following:
       ``(3) Replacement sales.--If a lease sale under paragraph 
     (1) for a year is canceled or delayed, the Secretary of the 
     Interior shall conduct a replacement sale during the same 
     year.
       ``(4) Requirement.--In conducting a lease sale under 
     paragraph (2) in a State described in that paragraph, the 
     Secretary of the Interior shall offer all nominated parcels 
     eligible for geothermal development and utilization under the 
     resource management plan in effect for the State.''.
       (b) Deadlines for Consideration of Geothermal Drilling 
     Permits.--Section 4 of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1003) is amended by adding at the end the following:
       ``(h) Deadlines for Consideration of Geothermal Drilling 
     Permits.--
       ``(1) Notice.--Not later than 30 days after the date on 
     which the Secretary receives an application for any 
     geothermal drilling permit, the Secretary shall--
       ``(A) provide written notice to the applicant that the 
     application is complete; or
       ``(B) notify the applicant that information is missing and 
     specify any information that is required to be submitted for 
     the application to be complete.
       ``(2) Issuance of decision.--If the Secretary determines 
     that an application for a geothermal drilling permit is 
     complete under paragraph (1)(A), the Secretary shall issue a 
     final decision on the application not later than 30 days 
     after the Secretary notifies the applicant that the 
     application is complete.''.

     SEC. 340A. LEASING FOR CERTAIN QUALIFIED COAL APPLICATIONS.

       (a) Definitions.--In this section:
       (1) Coal lease.--The term ``coal lease'' means a lease 
     entered into by the United States as lessor, through the 
     Bureau of Land Management, and the applicant on Bureau of 
     Land Management Form 3400-012.
       (2) Qualified application.--The term ``qualified 
     application'' means any application pending under the lease 
     by application program administered by the Bureau of Land 
     Management pursuant to the Mineral Leasing Act (30 U.S.C. 181 
     et seq.) and subpart 3425 of title 43, Code of Federal 
     Regulations (as in effect on the date of the enactment of 
     this Act), for which the environmental review process under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) has commenced.
       (b) Mandatory Leasing and Other Required Approvals.--As 
     soon as practicable after the date of the enactment of this 
     Act, the Secretary shall promptly--
       (1) with respect to each qualified application--
       (A) if not previously published for public comment, publish 
     a draft environmental assessment, as required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and any applicable implementing regulations;
       (B) finalize the fair market value of the coal tract for 
     which a lease by application is pending;
       (C) take all intermediate actions necessary to grant the 
     qualified application; and
       (D) grant the qualified application; and
       (2) with respect to previously awarded coal leases, grant 
     any additional approvals of the Department of the Interior or 
     any bureau, agency, or division of the Department of the 
     Interior required for mining activities to commence.

     SEC. 340B. FUTURE COAL LEASING.

       Notwithstanding any judicial decision to the contrary or a 
     departmental review of the Federal coal leasing program, 
     Secretarial Order 3338, issued by the Secretary of the 
     Interior on January 15, 2016, shall have no force or effect.

     SEC. 340C. STAFF PLANNING REPORT.

       The Secretary of the Interior and the Secretary of 
     Agriculture shall each annually submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report on the staffing capacity of each respective agency 
     with respect to issuing oil, gas, hardrock mining, coal, and 
     renewable energy leases, rights-of-way, claims, easements, 
     and permits. Each such report shall include--
       (1) the number of staff assigned to process and issue oil, 
     gas, hardrock mining, coal, and renewable energy leases, 
     rights-of-way, claims, easements, and permits;
       (2) a description of how many staff are needed to meet 
     statutory requirements for such oil, gas, hardrock mining, 
     coal, and renewable energy leases, rights-of-way, claims, 
     easements, and permits; and
       (3) how, as applicable, the Department of the Interior or 
     the Department of Agriculture plans to address technological 
     needs and staffing shortfalls and turnover to ensure adequate 
     staffing to process and issue such oil, gas, hardrock mining, 
     coal, and renewable energy leases, rights-of-way, claims, 
     easements, and permits.

     SEC. 340D. PROHIBITION ON CHINESE COMMUNIST PARTY OWNERSHIP 
                   INTEREST.

       Notwithstanding any other provision of law, the Communist 
     Party of China (or a person acting on behalf of the Community 
     Party of China), any entity subject to the jurisdiction of 
     the Government of the People's Republic of China, or any 
     entity that is owned by the Government of the People's 
     Republic of China, may not acquire any interest with respect 
     to lands leased for oil or gas under the Mineral Leasing Act 
     (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.) or American farmland or any 
     lands used for American renewable energy production, or 
     acquire claims subject to the General Mining Law of 1872.

[[Page S1944]]

  


     SEC. 340E. EFFECT ON OTHER LAW.

       Nothing in this title, or any amendments made by this 
     title, shall affect--
       (1) the Presidential memorandum titled ``Memorandum on 
     Withdrawal of Certain Areas of the United States Outer 
     Continental Shelf From Leasing Disposition'' and dated 
     September 8, 2020;
       (2) the Presidential memorandum titled ``Memorandum on 
     Withdrawal of Certain Areas of the United States Outer 
     Continental Shelf From Leasing Disposition'' and dated 
     September 25, 2020;
       (3) the Presidential memorandum titled ``Memorandum on 
     Withdrawal of Certain Areas off the Atlantic Coast on the 
     Outer Continental Shelf From Leasing Disposition'' and dated 
     December 20, 2016; or
       (4) the ban on oil and gas development in the Great Lakes 
     described in section 386 of the Energy Policy Act of 2005 (42 
     U.S.C. 15941).

     SEC. 340F. REQUIREMENT FOR GAO REPORT ON WIND ENERGY IMPACTS.

       The Secretary of the Interior shall not publish a notice 
     for a wind lease sale or hold a lease sale for wind energy 
     development in the Eastern Gulf of Mexico Planning Area, the 
     South Atlantic Planning Area, or the Straits of Florida 
     Planning Area (as described in the 2017-2022 Outer 
     Continental Shelf Oil and Gas Leasing Proposed Final Program 
     (November 2016)) until the Comptroller General of the United 
     States publishes a report on all potential adverse effects of 
     wind energy development in such areas, including associated 
     infrastructure and vessel traffic, on--
       (1) military readiness and training activities in the 
     Planning Areas described in this section, including 
     activities within or related to the Eglin Test and Training 
     Complex and the Jacksonville Range Complex;
       (2) marine environment and ecology, including species 
     listed as endangered or threatened under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) or designated as 
     depleted under the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.) in the Planning Areas described in this 
     section; and
       (3) tourism, including the economic impacts that a decrease 
     in tourism may have on the communities adjacent to the 
     Planning Areas described in this section.

     SEC. 340G. SENSE OF CONGRESS ON WIND ENERGY DEVELOPMENT 
                   SUPPLY CHAIN.

       It is the sense of Congress that--
       (1) wind energy development on Federal lands and waters is 
     a burgeoning industry in the United States;
       (2) major components of wind infrastructure, including 
     turbines, are imported in large quantities from other 
     countries including countries that are national security 
     threats, such as the Government of the People's Republic of 
     China;
       (3) it is in the best interest of the United States to 
     foster and support domestic supply chains across sectors to 
     promote American energy independence;
       (4) the economic and manufacturing opportunities presented 
     by wind turbine construction and component manufacturing 
     should be met by American workers and materials that are 
     sourced domestically to the greatest extent practicable; and
       (5) infrastructure for wind energy development in the 
     United States should be constructed with materials produced 
     and manufactured in the United States.

     SEC. 340H. SENSE OF CONGRESS ON OIL AND GAS ROYALTY RATES.

       It is the sense of Congress that the royalty rate for 
     onshore Federal oil and gas leases should be not more than 
     12.5 percent in amount or value of the production removed or 
     sold from the lease.

     SEC. 340I. OFFSHORE WIND ENVIRONMENTAL REVIEW PROCESS STUDY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this section, the Comptroller General shall 
     conduct a study to assess the sufficiency of the 
     environmental review processes for offshore wind projects in 
     place as of the date of the enactment of this section of the 
     National Marine Fisheries Service, the Bureau of Ocean Energy 
     Management, and any other relevant Federal agency.
       (b) Contents.--The study required under subsection (a) 
     shall include consideration of the following:
       (1) The impacts of offshore wind projects on--
       (A) whales, finfish, and other marine mammals;
       (B) benthic resources;
       (C) commercial and recreational fishing;
       (D) air quality;
       (E) cultural, historical, and archaeological resources;
       (F) invertebrates;
       (G) essential fish habitat;
       (H) military use and navigation and vessel traffic;
       (I) recreation and tourism; and
       (J) the sustainability of shoreline beaches and inlets.
       (2) The impacts of hurricanes and other severe weather on 
     offshore wind projects.
       (3) How the agencies described in subsection (a) determine 
     which stakeholders are consulted and if a timely, 
     comprehensive comment period is provided for local 
     representatives and other interested parties.
       (4) The estimated cost and who pays for offshore wind 
     projects.

     SEC. 340J. GAO REPORT ON WIND ENERGY IMPACTS.

       The Comptroller General of the United States shall publish 
     a report on all potential adverse effects of wind energy 
     development in the North Atlantic Planning Area (as described 
     in the 2017-2022 Outer Continental Shelf Oil and Gas Leasing 
     Proposed Final Program (November 2016)), including associated 
     infrastructure and vessel traffic, on--
       (1) maritime safety, including the operation of radar 
     systems;
       (2) economic impacts related to commercial fishing 
     activities; and
       (3) marine environment and ecology, including species 
     listed as endangered or threatened under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) or designated as 
     depleted under the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.) in the North Atlantic Planning Area.

                  Subtitle B--Permitting Streamlining

     SEC. 341. DEFINITIONS.

       In this subtitle:
       (1) Energy facility.--The term ``energy facility'' means a 
     facility the primary purpose of which is the exploration for, 
     or the development, production, conversion, gathering, 
     storage, transfer, processing, or transportation of, any 
     energy resource.
       (2) Energy storage device.--The term ``energy storage 
     device''--
       (A) means any equipment that stores energy, including 
     electricity, compressed air, pumped water, heat, and 
     hydrogen, which may be converted into, or used to produce, 
     electricity; and
       (B) includes a battery, regenerative fuel cell, flywheel, 
     capacitor, superconducting magnet, and any other equipment 
     the Secretary concerned determines may be used to store 
     energy which may be converted into, or used to produce, 
     electricity.
       (3) Public lands.--The term ``public lands'' means any land 
     and interest in land owned by the United States within the 
     several States and administered by the Secretary of the 
     Interior or the Secretary of Agriculture without regard to 
     how the United States acquired ownership, except--
       (A) lands located on the Outer Continental Shelf; and
       (B) lands held in trust by the United States for the 
     benefit of Indians, Indian Tribes, Aleuts, and Eskimos.
       (4) Right-of-way.--The term ``right-of-way'' means--
       (A) a right-of-way issued, granted, or renewed under 
     section 501 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1761); or
       (B) a right-of-way granted under section 28 of the Mineral 
     Leasing Act (30 U.S.C. 185).
       (5) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to public lands, the Secretary of the 
     Interior; and
       (B) with respect to National Forest System lands, the 
     Secretary of Agriculture.
       (6) Land use plan.--The term ``land use plan'' means--
       (A) a land and resource management plan prepared by the 
     Forest Service for a unit of the National Forest System 
     pursuant to section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604);
       (B) a Land Management Plan developed by the Bureau of Land 
     Management under the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1701 et seq.); or
       (C) a comprehensive conservation plan developed by the 
     United States Fish and Wildlife Service under section 
     4(e)(1)(A) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(e)(1)(A)).

     SEC. 342. BUILDER ACT.

       (a) Paragraph (2) of Section 102.--Section 102(2) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``insure'' and 
     inserting ``ensure'';
       (2) in subparagraph (B), by striking ``insure'' and 
     inserting ``ensure'';
       (3) in subparagraph (C)--
       (A) by inserting ``consistent with the provisions of this 
     Act and except as provided by other provisions of law,'' 
     before ``include in every'';
       (B) by striking clauses (i) through (v) and inserting the 
     following:
       ``(i) reasonably foreseeable environmental effects with a 
     reasonably close causal relationship to the proposed agency 
     action;
       ``(ii) any reasonably foreseeable adverse environmental 
     effects which cannot be avoided should the proposal be 
     implemented;
       ``(iii) a reasonable number of alternatives to the proposed 
     agency action, including an analysis of any negative 
     environmental impacts of not implementing the proposed agency 
     action in the case of a no action alternative, that are 
     technically and economically feasible, are within the 
     jurisdiction of the agency, meet the purpose and need of the 
     proposal, and, where applicable, meet the goals of the 
     applicant;
       ``(iv) the relationship between local short-term uses of 
     man's environment and the maintenance and enhancement of 
     long-term productivity; and
       ``(v) any irreversible and irretrievable commitments of 
     Federal resources which would be involved in the proposed 
     agency action should it be implemented.''; and
       (C) by striking ``the responsible Federal official'' and 
     inserting ``the head of the lead agency'';
       (4) in subparagraph (D), by striking ``Any'' and inserting 
     ``any'';
       (5) by redesignating subparagraphs (D) through (I) as 
     subparagraphs (F) through (K), respectively;

[[Page S1945]]

       (6) by inserting after subparagraph (C) the following:
       ``(D) ensure the professional integrity, including 
     scientific integrity, of the discussion and analysis in an 
     environmental document;
       ``(E) make use of reliable existing data and resources in 
     carrying out this Act;'';
       (7) by amending subparagraph (G), as redesignated, to read 
     as follows:
       ``(G) consistent with the provisions of this Act, study, 
     develop, and describe technically and economically feasible 
     alternatives within the jurisdiction and authority of the 
     agency;''; and
       (8) in subparagraph (H), as amended, by inserting 
     ``consistent with the provisions of this Act,'' before 
     ``recognize''.
       (b) New Sections.--Title I of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 106. PROCEDURE FOR DETERMINATION OF LEVEL OF REVIEW.

       ``(a) Threshold Determinations.--An agency is not required 
     to prepare an environmental document with respect to a 
     proposed agency action if--
       ``(1) the proposed agency action is not a final agency 
     action within the meaning of such term in chapter 5 of title 
     5, United States Code;
       ``(2) the proposed agency action is covered by a 
     categorical exclusion established by the agency, another 
     Federal agency, or another provision of law;
       ``(3) the preparation of such document would clearly and 
     fundamentally conflict with the requirements of another 
     provision of law;
       ``(4) the proposed agency action is, in whole or in part, a 
     nondiscretionary action with respect to which such agency 
     does not have authority to take environmental factors into 
     consideration in determining whether to take the proposed 
     action;
       ``(5) the proposed agency action is a rulemaking that is 
     subject to section 553 of title 5, United States Code; or
       ``(6) the proposed agency action is an action for which 
     such agency's compliance with another statute's requirements 
     serve the same or similar function as the requirements of 
     this Act with respect to such action.
       ``(b) Levels of Review.--
       ``(1) Environmental impact statement.--An agency shall 
     issue an environmental impact statement with respect to a 
     proposed agency action that has a significant effect on the 
     quality of the human environment.
       ``(2) Environmental assessment.--An agency shall prepare an 
     environmental assessment with respect to a proposed agency 
     action that is not likely to have a significant effect on the 
     quality of the human environment, or if the significance of 
     such effect is unknown, unless the agency finds that a 
     categorical exclusion established by the agency, another 
     Federal agency, or another provision of law applies. Such 
     environmental assessment shall be a concise public document 
     prepared by a Federal agency to set forth the basis of such 
     agency's finding of no significant impact.
       ``(3) Sources of information.--In making a determination 
     under this subsection, an agency--
       ``(A) may make use of any reliable data source; and
       ``(B) is not required to undertake new scientific or 
     technical research.

     ``SEC. 107. TIMELY AND UNIFIED FEDERAL REVIEWS.

       ``(a) Lead Agency.--
       ``(1) Designation.--
       ``(A) In general.--If there are two or more involved 
     Federal agencies, such agencies shall determine, by letter or 
     memorandum, which agency shall be the lead agency based on 
     consideration of the following factors:
       ``(i) Magnitude of agency's involvement.
       ``(ii) Project approval or disapproval authority.
       ``(iii) Expertise concerning the action's environmental 
     effects.
       ``(iv) Duration of agency's involvement.
       ``(v) Sequence of agency's involvement.
       ``(B) Joint lead agencies.--In making a determination under 
     subparagraph (A), the involved Federal agencies may, in 
     addition to a Federal agency, appoint such Federal, State, 
     Tribal, or local agencies as joint lead agencies as the 
     involved Federal agencies shall determine appropriate. Joint 
     lead agencies shall jointly fulfill the role described in 
     paragraph (2).
       ``(C) Mineral projects.--This paragraph shall not apply 
     with respect to a mineral exploration or mine permit.
       ``(2) Role.--A lead agency shall, with respect to a 
     proposed agency action--
       ``(A) supervise the preparation of an environmental 
     document if, with respect to such proposed agency action, 
     there is more than one involved Federal agency;
       ``(B) request the participation of each cooperating agency 
     at the earliest practicable time;
       ``(C) in preparing an environmental document, give 
     consideration to any analysis or proposal created by a 
     cooperating agency with jurisdiction by law or a cooperating 
     agency with special expertise;
       ``(D) develop a schedule, in consultation with each 
     involved cooperating agency, the applicant, and such other 
     entities as the lead agency determines appropriate, for 
     completion of any environmental review, permit, or 
     authorization required to carry out the proposed agency 
     action;
       ``(E) if the lead agency determines that a review, permit, 
     or authorization will not be completed in accordance with the 
     schedule developed under subparagraph (D), notify the agency 
     responsible for issuing such review, permit, or authorization 
     of the discrepancy and request that such agency take such 
     measures as such agency determines appropriate to comply with 
     such schedule; and
       ``(F) meet with a cooperating agency that requests such a 
     meeting.
       ``(3) Cooperating agency.--The lead agency may, with 
     respect to a proposed agency action, designate any involved 
     Federal agency or a State, Tribal, or local agency as a 
     cooperating agency. A cooperating agency may, not later than 
     a date specified by the lead agency, submit comments to the 
     lead agency. Such comments shall be limited to matters 
     relating to the proposed agency action with respect to which 
     such agency has special expertise or jurisdiction by law with 
     respect to an environmental issue.
       ``(4) Request for designation.--Any Federal, State, Tribal, 
     or local agency or person that is substantially affected by 
     the lack of a designation of a lead agency with respect to a 
     proposed agency action under paragraph (1) may submit a 
     written request for such a designation to an involved Federal 
     agency. An agency that receives a request under this 
     paragraph shall transmit such request to each involved 
     Federal agency and to the Council.
       ``(5) Council designation.--
       ``(A) Request.--Not earlier than 45 days after the date on 
     which a request is submitted under paragraph (4), if no 
     designation has been made under paragraph (1), a Federal, 
     State, Tribal, or local agency or person that is 
     substantially affected by the lack of a designation of a lead 
     agency may request that the Council designate a lead agency. 
     Such request shall consist of--
       ``(i) a precise description of the nature and extent of the 
     proposed agency action; and
       ``(ii) a detailed statement with respect to each involved 
     Federal agency and each factor listed in paragraph (1) 
     regarding which agency should serve as lead agency.
       ``(B) Transmission.--The Council shall transmit a request 
     received under subparagraph (A) to each involved Federal 
     agency.
       ``(C) Response.--An involved Federal agency may, not later 
     than 20 days after the date of the submission of a request 
     under subparagraph (A), submit to the Council a response to 
     such request.
       ``(D) Designation.--Not later than 40 days after the date 
     of the submission of a request under subparagraph (A), the 
     Council shall designate the lead agency with respect to the 
     relevant proposed agency action.
       ``(b) One Document.--
       ``(1) Document.--To the extent practicable, if there are 2 
     or more involved Federal agencies with respect to a proposed 
     agency action and the lead agency has determined that an 
     environmental document is required, such requirement shall be 
     deemed satisfied with respect to all involved Federal 
     agencies if the lead agency issues such an environmental 
     document.
       ``(2) Consideration timing.--In developing an environmental 
     document for a proposed agency action, no involved Federal 
     agency shall be required to consider any information that 
     becomes available after the sooner of, as applicable--
       ``(A) receipt of a complete application with respect to 
     such proposed agency action; or
       ``(B) publication of a notice of intent or decision to 
     prepare an environmental impact statement for such proposed 
     agency action.
       ``(3) Scope of review.--In developing an environmental 
     document for a proposed agency action, the lead agency and 
     any other involved Federal agencies shall only consider the 
     effects of the proposed agency action that--
       ``(A) occur on Federal land; or
       ``(B) are subject to Federal control and responsibility.
       ``(c) Request for Public Comment.--Each notice of intent to 
     prepare an environmental impact statement under section 102 
     shall include a request for public comment on alternatives or 
     impacts and on relevant information, studies, or analyses 
     with respect to the proposed agency action.
       ``(d) Statement of Purpose and Need.--Each environmental 
     impact statement shall include a statement of purpose and 
     need that briefly summarizes the underlying purpose and need 
     for the proposed agency action.
       ``(e) Estimated Total Cost.--The cover sheet for each 
     environmental impact statement shall include a statement of 
     the estimated total cost of preparing such environmental 
     impact statement, including the costs of agency full-time 
     equivalent personnel hours, contractor costs, and other 
     direct costs.
       ``(f) Page Limits.--
       ``(1) Environmental impact statements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an environmental impact statement shall not exceed 150 pages, 
     not including any citations or appendices.
       ``(B) Extraordinary complexity.--An environmental impact 
     statement for a proposed agency action of extraordinary 
     complexity shall not exceed 300 pages, not including any 
     citations or appendices.
       ``(2) Environmental assessments.--An environmental 
     assessment shall not exceed 75 pages, not including any 
     citations or appendices.
       ``(g) Sponsor Preparation.--A lead agency shall allow a 
     project sponsor to prepare an environmental assessment or an 
     environmental impact statement upon request of

[[Page S1946]]

     the project sponsor. Such agency may provide such sponsor 
     with appropriate guidance and assist in the preparation. The 
     lead agency shall independently evaluate the environmental 
     document and shall take responsibility for the contents upon 
     adoption.
       ``(h) Deadlines.--
       ``(1) In general.--Except as provided in paragraph (2), 
     with respect to a proposed agency action, a lead agency shall 
     complete, as applicable--
       ``(A) the environmental impact statement not later than the 
     date that is 2 years after the sooner of, as applicable--
       ``(i) the date on which such agency determines that section 
     102(2)(C) requires the issuance of an environmental impact 
     statement with respect to such action;
       ``(ii) the date on which such agency notifies the applicant 
     that the application to establish a right-of-way for such 
     action is complete; and
       ``(iii) the date on which such agency issues a notice of 
     intent to prepare the environmental impact statement for such 
     action; and
       ``(B) the environmental assessment not later than the date 
     that is 1 year after the sooner of, as applicable--
       ``(i) the date on which such agency determines that section 
     106(b)(2) requires the preparation of an environmental 
     assessment with respect to such action;
       ``(ii) the date on which such agency notifies the applicant 
     that the application to establish a right-of-way for such 
     action is complete; and
       ``(iii) the date on which such agency issues a notice of 
     intent to prepare the environmental assessment for such 
     action.
       ``(2) Delay.--A lead agency that determines it is not able 
     to meet the deadline described in paragraph (1) may extend 
     such deadline with the approval of the applicant. If the 
     applicant approves such an extension, the lead agency shall 
     establish a new deadline that provides only so much 
     additional time as is necessary to complete such 
     environmental impact statement or environmental assessment.
       ``(3) Expenditures for delay.--If a lead agency is unable 
     to meet the deadline described in paragraph (1) or extended 
     under paragraph (2), the lead agency must pay $100 per day, 
     to the extent funding is provided in advance in an 
     appropriations Act, out of the office of the head of the 
     department of the lead agency to the applicant starting on 
     the first day immediately following the deadline described in 
     paragraph (1) or extended under paragraph (2) up until the 
     date that an applicant approves a new deadline. This 
     paragraph does not apply when the lead agency misses a 
     deadline solely due to delays caused by litigation.
       ``(i) Report.--
       ``(1) In general.--The head of each lead agency shall 
     annually submit to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that--
       ``(A) identifies any environmental assessment and 
     environmental impact statement that such lead agency did not 
     complete by the deadline described in subsection (h); and
       ``(B) provides an explanation for any failure to meet such 
     deadline.
       ``(2) Inclusions.--Each report submitted under paragraph 
     (1) shall identify, as applicable--
       ``(A) the office, bureau, division, unit, or other entity 
     within the Federal agency responsible for each such 
     environmental assessment and environmental impact statement;
       ``(B) the date on which--
       ``(i) such lead agency notified the applicant that the 
     application to establish a right-of-way for the major Federal 
     action is complete;
       ``(ii) such lead agency began the scoping for the major 
     Federal action; or
       ``(iii) such lead agency issued a notice of intent to 
     prepare the environmental assessment or environmental impact 
     statement for the major Federal action; and
       ``(C) when such environmental assessment and environmental 
     impact statement is expected to be complete.

     ``SEC. 108. JUDICIAL REVIEW.

       ``(a) Limitations on Claims.--Notwithstanding any other 
     provision of law, a claim arising under Federal law seeking 
     judicial review of compliance with this Act, of a 
     determination made under this Act, or of Federal action 
     resulting from a determination made under this Act, shall be 
     barred unless--
       ``(1) in the case of a claim pertaining to a proposed 
     agency action for which--
       ``(A) an environmental document was prepared and an 
     opportunity for comment was provided;
       ``(B) the claim is filed by a party that participated in 
     the administrative proceedings regarding such environmental 
     document; and
       ``(C) the claim--
       ``(i) is filed by a party that submitted a comment during 
     the public comment period for such administrative proceedings 
     and such comment was sufficiently detailed to put the lead 
     agency on notice of the issue upon which the party seeks 
     judicial review; and
       ``(ii) is related to such comment;
       ``(2) except as provided in subsection (b), such claim is 
     filed not later than 120 days after the date of publication 
     of a notice in the Federal Register of agency intent to carry 
     out the proposed agency action;
       ``(3) such claim is filed after the issuance of a record of 
     decision or other final agency action with respect to the 
     relevant proposed agency action;
       ``(4) such claim does not challenge the establishment or 
     use of a categorical exclusion under section 102; and
       ``(5) such claim concerns--
       ``(A) an alternative included in the environmental 
     document; or
       ``(B) an environmental effect considered in the 
     environmental document.
       ``(b) Supplemental Environmental Impact Statement.--
       ``(1) Separate final agency action.--The issuance of a 
     Federal action resulting from a final supplemental 
     environmental impact statement shall be considered a final 
     agency action for the purposes of chapter 5 of title 5, 
     United States Code, separate from the issuance of any 
     previous environmental impact statement with respect to the 
     same proposed agency action.
       ``(2) Deadline for filing a claim.--A claim seeking 
     judicial review of a Federal action resulting from a final 
     supplemental environmental review issued under section 
     102(2)(C) shall be barred unless--
       ``(A) such claim is filed within 120 days of the date on 
     which a notice of the Federal agency action resulting from a 
     final supplemental environmental impact statement is issued; 
     and
       ``(B) such claim is based on information contained in such 
     supplemental environmental impact statement that was not 
     contained in a previous environmental document pertaining to 
     the same proposed agency action.
       ``(c) Prohibition on Injunctive Relief.--Notwithstanding 
     any other provision of law, a violation of this Act shall not 
     constitute the basis for injunctive relief.
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to create a right of judicial review or place 
     any limit on filing a claim with respect to the violation of 
     the terms of a permit, license, or approval.
       ``(e) Remand.--Notwithstanding any other provision of law, 
     no proposed agency action for which an environmental document 
     is required shall be vacated or otherwise limited, delayed, 
     or enjoined unless a court concludes allowing such proposed 
     action will pose a risk of an imminent and substantial 
     environmental harm and there is no other equitable remedy 
     available as a matter of law.

     ``SEC. 109. DEFINITIONS.

       ``In this title:
       ``(1) Categorical exclusion.--The term `categorical 
     exclusion' means a category of actions that a Federal agency 
     has determined normally does not significantly affect the 
     quality of the human environment within the meaning of 
     section 102(2)(C).
       ``(2) Cooperating agency.--The term `cooperating agency' 
     means any Federal, State, Tribal, or local agency that has 
     been designated as a cooperating agency under section 
     107(a)(3).
       ``(3) Council.--The term `Council' means the Council on 
     Environmental Quality established in title II.
       ``(4) Environmental assessment.--The term `environmental 
     assessment' means an environmental assessment prepared under 
     section 106(b)(2).
       ``(5) Environmental document.--The term `environmental 
     document' means an environmental impact statement, an 
     environmental assessment, or a finding of no significant 
     impact.
       ``(6) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed written 
     statement that is required by section 102(2)(C).
       ``(7) Finding of no significant impact.--The term `finding 
     of no significant impact' means a determination by a Federal 
     agency that a proposed agency action does not require the 
     issuance of an environmental impact statement.
       ``(8) Involved federal agency.--The term `involved Federal 
     agency' means an agency that, with respect to a proposed 
     agency action--
       ``(A) proposed such action; or
       ``(B) is involved in such action because such action is 
     directly related, through functional interdependence or 
     geographic proximity, to an action such agency has taken or 
     has proposed to take.
       ``(9) Lead agency.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `lead agency' means, with respect to a proposed 
     agency action--
       ``(i) the agency that proposed such action; or
       ``(ii) if there are 2 or more involved Federal agencies 
     with respect to such action, the agency designated under 
     section 107(a)(1).
       ``(B) Specification for mineral exploration or mine 
     permits.--With respect to a proposed mineral exploration or 
     mine permit, the term `lead agency' has the meaning given 
     such term in section 40206(a) of the Infrastructure 
     Investment and Jobs Act.
       ``(10) Major federal action.--
       ``(A) In general.--The term `major Federal action' means an 
     action that the agency carrying out such action determines is 
     subject to substantial Federal control and responsibility.
       ``(B) Exclusion.--The term `major Federal action' does not 
     include--
       ``(i) a non-Federal action--

       ``(I) with no or minimal Federal funding;
       ``(II) with no or minimal Federal involvement where a 
     Federal agency cannot control the outcome of the project; or
       ``(III) that does not include Federal land;

[[Page S1947]]

       ``(ii) funding assistance solely in the form of general 
     revenue sharing funds which do not provide Federal agency 
     compliance or enforcement responsibility over the subsequent 
     use of such funds;
       ``(iii) loans, loan guarantees, or other forms of financial 
     assistance where a Federal agency does not exercise 
     sufficient control and responsibility over the effect of the 
     action;
       ``(iv) farm ownership and operating loan guarantees by the 
     Farm Service Agency pursuant to sections 305 and 311 through 
     319 of the Consolidated Farmers Home Administration Act of 
     1961 (7 U.S.C. 1925 and 1941 through 1949);
       ``(v) business loan guarantees provided by the Small 
     Business Administration pursuant to section 7(a) or (b) and 
     of the Small Business Act (15 U.S.C. 636(a)), or title V of 
     the Small Business Investment Act of 1958 (15 U.S.C. 695 et 
     seq.);
       ``(vi) bringing judicial or administrative civil or 
     criminal enforcement actions; or
       ``(vii) extraterritorial activities or decisions, which 
     means agency activities or decisions with effects located 
     entirely outside of the jurisdiction of the United States.
       ``(C) Additional exclusions.--An agency action may not be 
     determined to be a major Federal action on the basis of--
       ``(i) an interstate effect of the action or related 
     project; or
       ``(ii) the provision of Federal funds for the action or 
     related project.
       ``(11) Mineral exploration or mine permit.--The term 
     `mineral exploration or mine permit' has the meaning given 
     such term in section 40206(a) of the Infrastructure 
     Investment and Jobs Act.
       ``(12) Proposal.--The term `proposal' means a proposed 
     action at a stage when an agency has a goal, is actively 
     preparing to make a decision on one or more alternative means 
     of accomplishing that goal, and can meaningfully evaluate its 
     effects.
       ``(13) Reasonably foreseeable.--The term `reasonably 
     foreseeable' means likely to occur--
       ``(A) not later than 10 years after the lead agency begins 
     preparing the environmental document; and
       ``(B) in an area directly affected by the proposed agency 
     action such that an individual of ordinary prudence would 
     take such occurrence into account in reaching a decision.
       ``(14) Special expertise.--The term `special expertise' 
     means statutory responsibility, agency mission, or related 
     program experience.''.

     SEC. 343. CODIFICATION OF NATIONAL ENVIRONMENTAL POLICY ACT 
                   REGULATIONS.

       The revisions to the Code of Federal Regulations made 
     pursuant to the final rule of the Council on Environmental 
     Quality titled ``Update to the Regulations Implementing the 
     Procedural Provisions of the National Environmental Policy 
     Act'' and published on July 16, 2020 (85 Fed. Reg. 43304), 
     shall have the same force and effect of law as if enacted by 
     an Act of Congress.

     SEC. 344. NON-MAJOR FEDERAL ACTIONS.

       (a) Exemption.--An action by the Secretary concerned with 
     respect to a covered activity shall be not considered a major 
     Federal action under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (b) Covered Activity.--In this section, the term ``covered 
     activity'' includes--
       (1) geotechnical investigations;
       (2) off-road travel in an existing right-of-way;
       (3) construction of meteorological towers where the total 
     surface disturbance at the location is less than 5 acres;
       (4) adding a battery or other energy storage device to an 
     existing or planned energy facility, if that storage resource 
     is located within the physical footprint of the existing or 
     planned energy facility;
       (5) drilling temperature gradient wells and other 
     geothermal exploratory wells, including construction or 
     making improvements for such activities, where--
       (A) the last cemented casing string is less than 12 inches 
     in diameter; and
       (B) the total unreclaimed surface disturbance at any one 
     time within the project area is less than 5 acres;
       (6) any repair, maintenance, upgrade, optimization, or 
     minor addition to existing transmission and distribution 
     infrastructure, including--
       (A) operation, maintenance, or repair of power equipment 
     and structures within existing substations, switching 
     stations, transmission, and distribution lines;
       (B) the addition, modification, retirement, or replacement 
     of breakers, transmission towers, transformers, bushings, or 
     relays;
       (C) the voltage uprating, modification, reconductoring with 
     conventional or advanced conductors, and clearance resolution 
     of transmission lines;
       (D) activities to minimize fire risk, including vegetation 
     management, routine fire mitigation, inspection, and 
     maintenance activities, and removal of hazard trees and other 
     hazard vegetation within or adjacent to an existing right-of-
     way;
       (E) improvements to or construction of structure pads for 
     such infrastructure; and
       (F) access and access route maintenance and repairs 
     associated with any activity described in subparagraph (A) 
     through (E);
       (7) approval of and activities conducted in accordance with 
     operating plans or agreements for transmission and 
     distribution facilities or under a special use authorization 
     for an electric transmission and distribution facility right-
     of-way; and
       (8) construction, maintenance, realignment, or repair of an 
     existing permanent or temporary access road--
       (A) within an existing right-of-way or within a 
     transmission or utility corridor established by Congress or 
     in a land use plan;
       (B) that serves an existing transmission line, distribution 
     line, or energy facility; or
       (C) activities conducted in accordance with existing 
     onshore oil and gas leases.

     SEC. 345. NO NET LOSS DETERMINATION FOR EXISTING RIGHTS-OF-
                   WAY.

       (a) In General.--Upon a determination by the Secretary 
     concerned that there will be no overall long-term net loss of 
     vegetation, soil, or habitat, as defined by acreage and 
     function, resulting from a proposed action, decision, or 
     activity within an existing right-of-way, within a right-of-
     way corridor established in a land use plan, or in an 
     otherwise designated right-of-way, that action, decision, or 
     activity shall not be considered a major Federal action under 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)(C)).
       (b) Inclusion of Remediation.--In making a determination 
     under subsection (a), the Secretary concerned shall consider 
     the effect of any remediation work to be conducted during the 
     lifetime of the action, decision, or activity when 
     determining whether there will be any overall long-term net 
     loss of vegetation, soil, or habitat.

     SEC. 346. DETERMINATION OF NATIONAL ENVIRONMENTAL POLICY ACT 
                   ADEQUACY.

       The Secretary concerned shall use previously completed 
     environmental assessments and environmental impact statements 
     to satisfy the requirements of section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332) with 
     respect to any major Federal action, if such Secretary 
     determines that--
       (1) the new proposed action is substantially the same as a 
     previously analyzed proposed action or alternative analyzed 
     in a previous environmental assessment or environmental 
     impact statement; and
       (2) the effects of the proposed action are substantially 
     the same as the effects analyzed in such existing 
     environmental assessments or environmental impact statements.

     SEC. 347. DETERMINATION REGARDING RIGHTS-OF-WAY.

       Not later than 60 days after the Secretary concerned 
     receives an application to grant a right-of-way, the 
     Secretary concerned shall notify the applicant as to whether 
     the application is complete or deficient. If the Secretary 
     concerned determines the application is complete, the 
     Secretary concerned may not consider any other application to 
     grant a right-of-way on the same or any overlapping parcels 
     of land while such application is pending.

     SEC. 348. TERMS OF RIGHTS-OF-WAY.

       (a) Fifty-Year Terms for Rights-of-Way.--
       (1) In general.--Any right-of-way for pipelines for the 
     transportation or distribution of oil or gas granted, issued, 
     amended, or renewed under Federal law may be limited to a 
     term of not more than 50 years before such right-of-way is 
     subject to renewal or amendment.
       (2) Federal land policy and management act of 1976.--
     Section 501 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1761) is amended by adding at the end the 
     following:
       ``(e) Any right-of-way granted, issued, amended, or renewed 
     under subsection (a)(4) may be limited to a term of not more 
     than 50 years before such right-of-way is subject to renewal 
     or amendment.''.
       (b) Mineral Leasing Act.--Section 28(n) of the Mineral 
     Leasing Act (30 U.S.C. 185(n)) is amended by striking 
     ``thirty'' and inserting ``50''.

     SEC. 349. FUNDING TO PROCESS PERMITS AND DEVELOP INFORMATION 
                   TECHNOLOGY.

       (a) In General.--In fiscal years 2023 through 2025, the 
     Secretary of Agriculture (acting through the Forest Service) 
     and the Secretary of the Interior, after public notice, may 
     accept and expend funds contributed by non-Federal entities 
     for dedicated staff, information resource management, and 
     information technology system development to expedite the 
     evaluation of permits, biological opinions, concurrence 
     letters, environmental surveys and studies, processing of 
     applications, consultations, and other activities for the 
     leasing, development, or expansion of an energy facility 
     under the jurisdiction of the respective Secretaries.
       (b) Effect on Permitting.--In carrying out this section, 
     the Secretary of the Interior shall ensure that the use of 
     funds accepted under subsection (a) will not impact impartial 
     decision making with respect to permits, either substantively 
     or procedurally.
       (c) Statement for Failure To Accept or Expend Funds.--Not 
     later than 60 days after the end of the applicable fiscal 
     year, if the Secretary of Agriculture (acting through the 
     Forest Service) or the Secretary of the Interior does not 
     accept funds contributed under subsection (a) or accepts but 
     does not expend such funds, that Secretary shall submit to 
     the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a statement explaining why such funds 
     were not accepted, were not expended, or both, as the case 
     may be.

[[Page S1948]]

       (d) Prohibition.--Notwithstanding any other provision of 
     law, the Secretary of Agriculture (acting through the Forest 
     Service) and the Secretary of the Interior may not accept 
     contributions, as authorized by subsection (a), from non-
     Federal entities owned by the Communist Party of China (or a 
     person or entity acting on behalf of the Communist Party of 
     China).
       (e) Report on Non-Federal Entities.--Not later than 60 days 
     after the end of the applicable fiscal year, the Secretary of 
     Agriculture (acting through the Forest Service) and the 
     Secretary of the Interior shall submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report that includes, for each expenditure authorized by 
     subsection (a)--
       (1) the amount of funds accepted; and
       (2) the contributing non-Federal entity.

     SEC. 350. OFFSHORE GEOLOGICAL AND GEOPHYSICAL SURVEY 
                   LICENSING.

       The Secretary of the Interior shall authorize geological 
     and geophysical surveys related to oil and gas activities on 
     the Gulf of Mexico Outer Continental Shelf, except within 
     areas subject to existing oil and gas leasing moratoria. Such 
     authorizations shall be issued within 30 days of receipt of a 
     completed application and shall, as applicable to survey 
     type, comply with the mitigation and monitoring measures in 
     subsections (a), (b), (c), (d), (f), and (g) of section 
     217.184 of title 50, Code of Federal Regulations (as in 
     effect on January 1, 2022), and section 217.185 of title 50, 
     Code of Federal Regulations (as in effect on January 1, 
     2022). Geological and geophysical surveys authorized pursuant 
     to this section are deemed to be in full compliance with the 
     Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) 
     and the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), and their implementing regulations.

     SEC. 350A. DEFERRAL OF APPLICATIONS FOR PERMITS TO DRILL.

       Section 17(p)(3) of the Mineral Leasing Act (30 U.S.C. 
     226(p)(3)) is amended by adding at the end the following:
       ``(D) Deferral based on formatting issues.--A decision on 
     an application for a permit to drill may not be deferred 
     under paragraph (2)(B) as a result of a formatting issue with 
     the permit, unless such formatting issue results in missing 
     information.''.

     SEC. 350B. PROCESSING AND TERMS OF APPLICATIONS FOR PERMITS 
                   TO DRILL.

       (a) Effect of Pending Civil Actions.--Section 17(p) of the 
     Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding 
     at the end the following:
       ``(4) Effect of pending civil action on processing 
     applications for permits to drill.--Pursuant to the 
     requirements of paragraph (2), notwithstanding the existence 
     of any pending civil actions affecting the application or 
     related lease, the Secretary shall process an application for 
     a permit to drill or other authorizations or approvals under 
     a valid existing lease, unless a United States Federal court 
     vacated such lease. Nothing in this paragraph shall be 
     construed as providing authority to a Federal court to vacate 
     a lease.''.
       (b) Term of Permit To Drill.--Section 17 of the Mineral 
     Leasing Act (30 U.S.C. 226) is further amended by adding at 
     the end the following:
       ``(u) Term of Permit To Drill.--A permit to drill issued 
     under this section after the date of the enactment of this 
     subsection shall be valid for one four-year term from the 
     date that the permit is approved, or until the lease 
     regarding which the permit is issued expires, whichever 
     occurs first.''.

     SEC. 350C. AMENDMENTS TO THE ENERGY POLICY ACT OF 2005.

       Section 390 of the Energy Policy Act of 2005 (42 U.S.C. 
     15942) is amended to read as follows:

     ``SEC. 390. NATIONAL ENVIRONMENTAL POLICY ACT REVIEW.

       ``(a) National Environmental Policy Act Review.--Action by 
     the Secretary of the Interior, in managing the public lands, 
     or the Secretary of Agriculture, in managing National Forest 
     System lands, with respect to any of the activities described 
     in subsection (c), shall not be considered a major Federal 
     action for the purposes of section 102(2)(C) of the National 
     Environmental Policy Act of 1969, if the activity is 
     conducted pursuant to the Mineral Leasing Act (30 U.S.C. 181 
     et seq.) for the purpose of exploration or development of oil 
     or gas.
       ``(b) Application.--This section shall not apply to an 
     action of the Secretary of the Interior or the Secretary of 
     Agriculture on Indian lands or resources managed in trust for 
     the benefit of Indian Tribes.
       ``(c) Activities Described.--The activities referred to in 
     subsection (a) are as follows:
       ``(1) Reinstating a lease pursuant to section 31 of the 
     Mineral Leasing Act (30 U.S.C. 188).
       ``(2) The following activities, provided that any new 
     surface disturbance is contiguous with the footprint of the 
     original authorization and does not exceed 20 acres or the 
     acreage has previously been evaluated in a document 
     previously prepared under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with 
     respect to such activity:
       ``(A) Drilling an oil or gas well at a well pad site at 
     which drilling has occurred previously.
       ``(B) Expansion of an existing oil or gas well pad site to 
     accommodate an additional well.
       ``(C) Expansion or modification of an existing oil or gas 
     well pad site, road, pipeline, facility, or utility submitted 
     in a sundry notice.
       ``(3) Drilling of an oil or gas well at a new well pad 
     site, provided that the new surface disturbance does not 
     exceed 20 acres and the acreage evaluated in a document 
     previously prepared under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with 
     respect to such activity, whichever is greater.
       ``(4) Construction or realignment of a road, pipeline, or 
     utility within an existing right-of-way or within a right-of-
     way corridor established in a land use plan.
       ``(5) The following activities when conducted from non-
     Federal surface into federally owned minerals, provided that 
     the operator submits to the Secretary concerned certification 
     of a surface use agreement with the non-Federal landowner:
       ``(A) Drilling an oil or gas well at a well pad site at 
     which drilling has occurred previously.
       ``(B) Expansion of an existing oil or gas well pad site to 
     accommodate an additional well.
       ``(C) Expansion or modification of an existing oil or gas 
     well pad site, road, pipeline, facility, or utility submitted 
     in a sundry notice.
       ``(6) Drilling of an oil or gas well from non-Federal 
     surface and non-Federal subsurface into Federal mineral 
     estate.
       ``(7) Construction of up to 1 mile of new road on Federal 
     or non-Federal surface, not to exceed 2 miles in total.
       ``(8) Construction of up to 3 miles of individual pipelines 
     or utilities, regardless of surface ownership.''.

     SEC. 350D. ACCESS TO FEDERAL ENERGY RESOURCES FROM NON-
                   FEDERAL SURFACE ESTATE.

       (a) Oil and Gas Permits.--Section 17 of the Mineral Leasing 
     Act (30 U.S.C. 226) is further amended by adding at the end 
     the following:
       ``(v) No Federal Permit Required for Oil and Gas Activities 
     on Certain Land.--
       ``(1) In general.--The Secretary shall not require an 
     operator to obtain a Federal drilling permit for oil and gas 
     exploration and production activities conducted on non-
     Federal surface estate, provided that--
       ``(A) the United States holds an ownership interest of less 
     than 50 percent of the subsurface mineral estate to be 
     accessed by the proposed action; and
       ``(B) the operator submits to the Secretary a State permit 
     to conduct oil and gas exploration and production activities 
     on the non-Federal surface estate.
       ``(2) No federal action.--An oil and gas exploration and 
     production activity carried out under paragraph (1)--
       ``(A) shall not be considered a major Federal action for 
     the purposes of section 102(2)(C) of the National 
     Environmental Policy Act of 1969;
       ``(B) shall require no additional Federal action;
       ``(C) may commence 30 days after submission of the State 
     permit to the Secretary; and
       ``(D) shall not be subject to--
       ``(i) section 306108 of title 54, United States Code 
     (commonly known as the National Historic Preservation Act of 
     1966); and
       ``(ii) section 7 of the Endangered Species Act of 1973 (16 
     U.S.C. 1536).
       ``(3) Royalties and production accountability.--(A) Nothing 
     in this subsection shall affect the amount of royalties due 
     to the United States under this Act from the production of 
     oil and gas, or alter the Secretary's authority to conduct 
     audits and collect civil penalties pursuant to the Federal 
     Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et 
     seq.).
       ``(B) The Secretary may conduct onsite reviews and 
     inspections to ensure proper accountability, measurement, and 
     reporting of production of Federal oil and gas, and payment 
     of royalties.
       ``(4) Exceptions.--This subsection shall not apply to 
     actions on Indian lands or resources managed in trust for the 
     benefit of Indian Tribes.
       ``(5) Indian land.--In this subsection, the term `Indian 
     land' means--
       ``(A) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria; and
       ``(B) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--
       ``(i) in trust by the United States for the benefit of an 
     Indian tribe or an individual Indian;
       ``(ii) by an Indian tribe or an individual Indian, subject 
     to restriction against alienation under laws of the United 
     States; or
       ``(iii) by a dependent Indian community.''.
       (b) Geothermal Permits.--The Geothermal Steam Act of 1970 
     (30 U.S.C. 1001 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 30. NO FEDERAL PERMIT REQUIRED FOR GEOTHERMAL 
                   ACTIVITIES ON CERTAIN LAND.

       ``(a) In General.--The Secretary shall not require an 
     operator to obtain a Federal drilling permit for geothermal 
     exploration and production activities conducted on a non-
     Federal surface estate, provided that--
       ``(1) the United States holds an ownership interest of less 
     than 50 percent of the subsurface geothermal estate to be 
     accessed by the proposed action; and

[[Page S1949]]

       ``(2) the operator submits to the Secretary a State permit 
     to conduct geothermal exploration and production activities 
     on the non-Federal surface estate.
       ``(b) No Federal Action.--A geothermal exploration and 
     production activity carried out under paragraph (1)--
       ``(1) shall not be considered a major Federal action for 
     the purposes of section 102(2)(C) of the National 
     Environmental Policy Act of 1969;
       ``(2) shall require no additional Federal action;
       ``(3) may commence 30 days after submission of the State 
     permit to the Secretary; and
       ``(4) shall not be subject to--
       ``(A) section 306108 of title 54, United States Code 
     (commonly known as the National Historic Preservation Act of 
     1966); and
       ``(B) section 7 of the Endangered Species Act of 1973 (16 
     U.S.C. 1536).
       ``(c) Royalties and Production Accountability.--(1) Nothing 
     in this section shall affect the amount of royalties due to 
     the United States under this Act from the production of 
     electricity using geothermal resources (other than direct use 
     of geothermal resources) or the production of any byproducts.
       ``(2) The Secretary may conduct onsite reviews and 
     inspections to ensure proper accountability, measurement, and 
     reporting of the production described in paragraph (1), and 
     payment of royalties.
       ``(d) Exceptions.--This section shall not apply to actions 
     on Indian lands or resources managed in trust for the benefit 
     of Indian Tribes.
       ``(e) Indian Land.--In this section, the term `Indian land' 
     means--
       ``(1) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria; and
       ``(2) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--
       ``(A) in trust by the United States for the benefit of an 
     Indian tribe or an individual Indian;
       ``(B) by an Indian tribe or an individual Indian, subject 
     to restriction against alienation under laws of the United 
     States; or
       ``(C) by a dependent Indian community.''.

     SEC. 350E. SCOPE OF ENVIRONMENTAL REVIEWS FOR OIL AND GAS 
                   LEASES.

       An environmental review for an oil and gas lease or permit 
     prepared pursuant to the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     its implementing regulations--
       (1) shall apply only to areas that are within or 
     immediately adjacent to the lease plot or plots and that are 
     directly affected by the proposed action; and
       (2) shall not require consideration of downstream, indirect 
     effects of oil and gas consumption.

     SEC. 350F. EXPEDITING APPROVAL OF GATHERING LINES.

       Section 11318(b)(1) of the Infrastructure Investment and 
     Jobs Act (42 U.S.C. 15943(b)(1)) is amended by striking ``to 
     be an action that is categorically excluded (as defined in 
     section 1508.1 of title 40, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act))'' and 
     inserting ``to not be a major Federal action''.

     SEC. 350G. LEASE SALE LITIGATION.

       Notwithstanding any other provision of law, any oil and gas 
     lease sale held under section 17 of the Mineral Leasing Act 
     (26 U.S.C. 226) or the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.) shall not be vacated and activities on 
     leases awarded in the sale shall not be otherwise limited, 
     delayed, or enjoined unless the court concludes allowing 
     development of the challenged lease will pose a risk of an 
     imminent and substantial environmental harm and there is no 
     other equitable remedy available as a matter of law. No 
     court, in response to an action brought pursuant to the 
     National Environmental Policy Act of 1969 (42 U.S.C. et 
     seq.), may enjoin or issue any order preventing the award of 
     leases to a bidder in a lease sale conducted pursuant to 
     section 17 of the Mineral Leasing Act (26 U.S.C. 226) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) if 
     the Department of the Interior has previously opened bids for 
     such leases or disclosed the high bidder for any tract that 
     was included in such lease sale.

     SEC. 350H. LIMITATION ON CLAIMS.

       (a) In General.--Notwithstanding any other provision of 
     law, a claim arising under Federal law seeking judicial 
     review of a permit, license, or approval issued by a Federal 
     agency for a mineral project, energy facility, or energy 
     storage device shall be barred unless--
       (1) the claim is filed within 120 days after publication of 
     a notice in the Federal Register announcing that the permit, 
     license, or approval is final pursuant to the law under which 
     the agency action is taken, unless a shorter time is 
     specified in the Federal law pursuant to which judicial 
     review is allowed; and
       (2) the claim is filed by a party that submitted a comment 
     during the public comment period for such permit, license, or 
     approval and such comment was sufficiently detailed to put 
     the agency on notice of the issue upon which the party seeks 
     judicial review.
       (b) Savings Clause.--Nothing in this section shall create a 
     right to judicial review or place any limit on filing a claim 
     that a person has violated the terms of a permit, license, or 
     approval.
       (c) Transportation Projects.--Subsection (a) shall not 
     apply to or supersede a claim subject to section 139(l)(1) of 
     title 23, United States Code.
       (d) Mineral Project.--In this section, the term ``mineral 
     project'' means a project--
       (1) located on--
       (A) a mining claim, millsite claim, or tunnel site claim 
     for any mineral;
       (B) lands open to mineral entry; or
       (C) a Federal mineral lease; and
       (2) for the purposes of exploring for or producing 
     minerals.

     SEC. 350I. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PERMITS 
                   TO DRILL.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall issue a report detailing--
       (1) the approval timelines for applications for permits to 
     drill issued by the Bureau of Land Management from 2018 
     through 2022;
       (2) the number of applications for permits to drill that 
     were not issued within 30 days of receipt of a completed 
     application; and
       (3) the causes of delays resulting in applications for 
     permits to drill pending beyond the 30 day deadline required 
     under section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 
     226(p)(2)).
       (b) Recommendations.--The report issued under subsection 
     (a) shall include recommendations with respect to--
       (1) actions the Bureau of Land Management can take to 
     streamline the approval process for applications for permits 
     to drill to approve applications for permits to drill within 
     30 days of receipt of a completed application;
       (2) aspects of the Federal permitting process carried out 
     by the Bureau of Land Management to issue applications for 
     permits to drill that can be turned over to States to 
     expedite approval of applications for permits to drill; and
       (3) legislative actions that Congress must take to allow 
     States to administer certain aspects of the Federal 
     permitting process described in paragraph (2).

     SEC. 350J. E-NEPA.

       (a) Permitting Portal Study.--The Council on Environmental 
     Quality shall conduct a study and submit a report to Congress 
     within 1 year of the enactment of this Act on the potential 
     to create an online permitting portal for permits that 
     require review under section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that 
     would--
       (1) allow applicants to--
       (A) submit required documents or materials for their 
     application in one unified portal;
       (B) upload additional documents as required by the 
     applicable agency; and
       (C) track the progress of individual applications;
       (2) enhance interagency coordination in consultation by--
       (A) allowing for comments in one unified portal;
       (B) centralizing data necessary for reviews; and
       (C) streamlining communications between other agencies and 
     the applicant; and
       (3) boost transparency in agency decisionmaking.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $500,000 for the Council of Environmental 
     Quality to carry out the study directed by this section.

     SEC. 350K. LIMITATIONS ON CLAIMS.

       (a) In General.--Section 139(l) of title 23, United States 
     Code, is amended by striking ``150 days'' each place it 
     appears and inserting ``90 days''.
       (b) Conforming Amendments.--
       (1) Section 330(e) of title 23, United States Code, is 
     amended--
       (A) in paragraph (2)(A), by striking ``150 days'' and 
     inserting ``90 days''; and
       (B) in paragraph (3)(B)(i), by striking ``150 days'' and 
     inserting ``90 days''.
       (2) Section 24201(a)(4) of title 49, United States Code, is 
     amended by striking ``of 150 days''.

     SEC. 350L. ONE FEDERAL DECISION FOR PIPELINES.

       (a) In General.--Chapter 601 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 60144. Efficient environmental reviews and one Federal 
       decision

       ``(a) Efficient Environmental Reviews.--
       ``(1) In general.--The Secretary of Transportation shall 
     apply the project development procedures, to the greatest 
     extent feasible, described in section 139 of title 23 to any 
     pipeline project that requires the approval of the Secretary 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(2) Regulations and procedures.--In carrying out 
     paragraph (1), the Secretary shall incorporate into agency 
     regulations and procedures pertaining to pipeline projects 
     described in paragraph (1) aspects of such project 
     development procedures, or portions thereof, determined 
     appropriate by the Secretary in a manner consistent with this 
     section, that increase the efficiency of the review of 
     pipeline projects.
       ``(3) Discretion.--The Secretary may choose not to 
     incorporate into agency regulations and procedures pertaining 
     to pipeline projects described in paragraph (1) such project 
     development procedures that could

[[Page S1950]]

     only feasibly apply to highway projects, public 
     transportation capital projects, and multimodal projects.
       ``(4) Applicability.--Subsection (l) of section 139 of 
     title 23 shall apply to pipeline projects described in 
     paragraph (1).
       ``(b) Additional Categorical Exclusions.--The Secretary 
     shall maintain and make publicly available, including on the 
     Internet, a database that identifies project-specific 
     information on the use of a categorical exclusion on any 
     pipeline project carried out under this title.''.
       (b) Clerical Amendment.--The analysis for chapter 601 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``60144. Efficient environmental reviews and one Federal decision.''.

     SEC. 350M. EXEMPTION OF CERTAIN WILDFIRE MITIGATION 
                   ACTIVITIES FROM CERTAIN ENVIRONMENTAL 
                   REQUIREMENTS.

       (a) In General.--Wildfire mitigation activities of the 
     Secretary of the Interior and the Secretary of Agriculture 
     may be carried out without regard to the provisions of law 
     specified in subsection (b).
       (b) Provisions of Law Specified.--The provisions of law 
     specified in this section are all Federal, State, or other 
     laws, regulations, and legal requirements of, deriving from, 
     or related to the subject of, the following laws:
       (1) Section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)).
       (2) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (c) Wildfire Mitigation Activity.--For purposes of this 
     section, the term ``wildfire mitigation activity''--
       (1) is an activity conducted on Federal land that is--
       (A) under the administration of the Director of the 
     National Park System, the Director of the Bureau of Land 
     Management, or the Chief of the Forest Service; and
       (B) within 300 feet of any permanent or temporary road, as 
     measured from the center of such road; and
       (2) includes forest thinning, hazardous fuel reduction, 
     prescribed burning, and vegetation management.

     SEC. 350N. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND 
                   OPERATION AND MAINTENANCE RELATING TO ELECTRIC 
                   TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS 
                   OF WAY.

       (a) Hazard Trees Within 50 Feet of Electric Power Line.--
     Section 512(a)(1)(B)(ii) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1772(a)(1)(B)(ii)) is 
     amended by striking ``10'' and inserting ``50''.
       (b) Consultation With Private Landowners.--Section 
     512(c)(3)(E) of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1772(c)(3)(E)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(iii) consulting with private landowners with respect to 
     any hazard trees identified for removal from land owned by 
     such private landowners.''.
       (c) Review and Approval Process.--Clause (iv) of section 
     512(c)(4)(A) of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1772(c)(4)(A)) is amended to read as follows:
       ``(iv) ensures that--

       ``(I) a plan submitted without a modification under clause 
     (iii) shall be automatically approved 60 days after review; 
     and
       ``(II) a plan submitted with a modification under clause 
     (iii) shall be automatically approved 67 days after 
     review.''.

     SEC. 350O. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES 
                   RIGHTS-OF-WAY.

       (a) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' means--
       (1) the Secretary of Agriculture, with respect to National 
     Forest System lands; and
       (2) the Secretary of the Interior, with respect to public 
     lands.
       (b) Categorical Exclusion Established.--Forest management 
     activities described in subsection (c) are a category of 
     activities designated as being categorically excluded from 
     the preparation of an environmental assessment or an 
     environmental impact statement under section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332).
       (c) Forest Management Activities Designated for Categorical 
     Exclusion.--The forest management activities designated as 
     being categorically excluded under subsection (b) are--
       (1) the development and approval of a vegetation 
     management, facility inspection, and operation and 
     maintenance plan submitted under section 512(c)(1) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1772(c)(1)) by the Secretary concerned; and
       (2) the implementation of routine activities conducted 
     under the plan referred to in paragraph (1).
       (d) Availability of Categorical Exclusion.--On and after 
     the date of the enactment of this Act, the Secretary 
     concerned may use the categorical exclusion established under 
     subsection (b) in accordance with this section.
       (e) Extraordinary Circumstances.--Use of the categorical 
     exclusion established under subsection (b) shall not be 
     subject to the extraordinary circumstances procedures in 
     section 220.6, title 36, Code of Federal Regulations, or 
     section 1508.4, title 40, Code of Federal Regulations.
       (f) Exclusion of Certain Areas.--The categorical exclusion 
     established under subsection (b) shall not apply to any 
     forest management activity conducted--
       (1) in a component of the National Wilderness Preservation 
     System; or
       (2) on National Forest System lands on which, by Act of 
     Congress, the removal of vegetation is restricted or 
     prohibited.
       (g) Permanent Roads.--
       (1) Prohibition on establishment.--A forest management 
     activity designated under subsection (c) shall not include 
     the establishment of a permanent road.
       (2) Existing roads.--The Secretary concerned may carry out 
     necessary maintenance and repair on an existing permanent 
     road for the purposes of conducting a forest management 
     activity designated under subsection (c).
       (3) Temporary roads.--The Secretary concerned shall 
     decommission any temporary road constructed for a forest 
     management activity designated under subsection (c) not later 
     than 3 years after the date on which the action is completed.
       (h) Applicable Laws.--A forest management activity 
     designated under subsection (c) shall not be subject to 
     section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
     1536), section 106 of the National Historic Preservation Act, 
     or any other applicable law.

     SEC. 350P. STAFFING PLANS.

       (a) In General.--Not later than 365 days after the date of 
     enactment of this Act, each local unit of the National Park 
     Service, Bureau of Land Management, and Forest Service shall 
     conduct an outreach plan for disseminating and advertising 
     open civil service positions with functions relating to 
     permitting or natural resources in their offices. Each such 
     plan shall include outreach to local high schools, community 
     colleges, institutions of higher education, and any other 
     relevant institutions, as determined by the Secretary of the 
     Interior or the Secretary of Agriculture (as the case may 
     be).
       (b) Collaboration Permitted.--Such local units of the 
     National Park Service, Bureau of Land Management, and Forest 
     Service located in reasonably close geographic areas may 
     collaborate to produce a joint outreach plan that meets the 
     requirements of subsection (a).

                Subtitle C--Permitting for Mining Needs

     SEC. 351. DEFINITIONS.

       In this subtitle:
       (1) Byproduct.--The term ``byproduct'' has the meaning 
     given such term in section 7002(a) of the Energy Act of 2020 
     (30 U.S.C. 1606(a)).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given such term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (3) Mineral.--The term ``mineral'' means any mineral of a 
     kind that is locatable (including, but not limited to, such 
     minerals located on ``lands acquired by the United States'', 
     as such term is defined in section 2 of the Mineral Leasing 
     Act for Acquired Lands) under the Act of May 10, 1872 
     (Chapter 152; 17 Stat. 91).
       (4) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of the Interior.
       (5) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.

     SEC. 352. MINERALS SUPPLY CHAIN AND RELIABILITY.

       Section 40206 of the Infrastructure Investment and Jobs Act 
     (30 U.S.C. 1607) is amended--
       (1) in the section heading, by striking ``critical 
     minerals'' and inserting ``minerals'';
       (2) by amending subsection (a) to read as follows:
       ``(a) Definitions.--In this section:
       ``(1) Lead agency.--The term `lead agency' means the 
     Federal agency with primary responsibility for issuing a 
     mineral exploration or mine permit or lease for a mineral 
     project.
       ``(2) Mineral.--The term `mineral' has the meaning given 
     such term in section 20301 of the TAPP American Resources 
     Act.
       ``(3) Mineral exploration or mine permit.--The term 
     `mineral exploration or mine permit' means--
       ``(A) an authorization of the Bureau of Land Management or 
     the Forest Service, as applicable, for exploration for 
     minerals that requires analysis under the National 
     Environmental Policy Act of 1969;
       ``(B) a plan of operations for a mineral project approved 
     by the Bureau of Land Management or the Forest Service; or
       ``(C) any other Federal permit or authorization for a 
     mineral project.
       ``(4) Mineral project.--The term `mineral project' means a 
     project--
       ``(A) located on--
       ``(i) a mining claim, millsite claim, or tunnel site claim 
     for any mineral;
       ``(ii) lands open to mineral entry; or
       ``(iii) a Federal mineral lease; and
       ``(B) for the purposes of exploring for or producing 
     minerals.'';
       (3) in subsection (b), by striking ``critical'' each place 
     such term appears;
       (4) in subsection (c)--

[[Page S1951]]

       (A) by striking ``critical mineral production on Federal 
     land'' and inserting ``mineral projects'';
       (B) by inserting ``, and in accordance with subsection 
     (h)'' after ``to the maximum extent practicable'';
       (C) by striking ``shall complete the'' and inserting 
     ``shall complete such'';
       (D) in paragraph (1), by striking ``critical mineral-
     related activities on Federal land'' and inserting ``mineral 
     projects'';
       (E) in paragraph (8), by striking the ``and'' at the end;
       (F) in paragraph (9), by striking ``procedures.'' and 
     inserting ``procedures; and''; and
       (G) by adding at the end the following:
       ``(10) deferring to and relying on baseline data, analyses, 
     and reviews performed by State agencies with jurisdiction 
     over the environmental or reclamation permits for the 
     proposed mineral project.'';
       (5) in subsection (d)--
       (A) by striking ``critical'' each place such term appears; 
     and
       (B) in paragraph (3), by striking ``mineral-related 
     activities on Federal land'' and inserting ``mineral 
     projects'';
       (6) in subsection (e), by striking ``critical'';
       (7) in subsection (f), by striking ``critical'' each place 
     such term appears;
       (8) in subsection (g), by striking ``critical'' each place 
     such term appears; and
       (9) by adding at the end the following:
       ``(h) Other Requirements.--
       ``(1) Memorandum of agreement.--For purposes of maximizing 
     efficiency and effectiveness of the Federal permitting and 
     review processes described under subsection (c), the lead 
     agency in the Federal permitting and review processes of a 
     mineral project shall (in consultation with any other Federal 
     agency involved in such Federal permitting and review 
     processes, and upon request of the project applicant, an 
     affected State government, local government, or an Indian 
     Tribe, or other entity such lead agency determines 
     appropriate) enter into a memorandum of agreement with a 
     project applicant where requested by the applicant to carry 
     out the activities described in subsection (c).
       ``(2) Timelines and schedules for nepa reviews.--
       ``(A) Extension.--A project applicant may enter into 1 or 
     more agreements with a lead agency to extend the deadlines 
     described in subparagraphs (A) and (B) of subsection (h)(1) 
     of section 107 of title I of the National Environmental 
     Policy Act of 1969 by, with respect to each such agreement, 
     not more than 6 months.
       ``(B) Adjustment of timelines.--At the request of a project 
     applicant, the lead agency and any other entity which is a 
     signatory to a memorandum of agreement under paragraph (1) 
     may, by unanimous agreement, adjust--
       ``(i) any deadlines described in subparagraph (A); and
       ``(ii) any deadlines extended under subparagraph (B).
       ``(3) Effect on pending applications.--Upon a written 
     request by a project applicant, the requirements of this 
     subsection shall apply to any application for a mineral 
     exploration or mine permit or mineral lease that was 
     submitted before the date of the enactment of the TAPP 
     American Resources Act.''.

     SEC. 353. FEDERAL REGISTER PROCESS IMPROVEMENT.

       Section 7002(f) of the Energy Act of 2020 (30 U.S.C. 
     1606(f)) is amended--
       (1) in paragraph (2), by striking ``critical'' both places 
     such term appears; and
       (2) by striking paragraph (4).

     SEC. 354. DESIGNATION OF MINING AS A COVERED SECTOR FOR 
                   FEDERAL PERMITTING IMPROVEMENT PURPOSES.

       Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 
     is amended by inserting ``mineral production,'' before ``or 
     any other sector''.

     SEC. 355. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
                   DETERMINATION 2022-11 FOR FEDERAL PERMITTING 
                   IMPROVEMENT PURPOSES.

       (a) In General.--Except as provided by subsection (c), an 
     action described in subsection (b) shall be--
       (1) treated as a covered project, as defined in section 
     41001(6) of the FAST Act (42 U.S.C. 4370m(6)), without regard 
     to the requirements of that section; and
       (2) included in the Permitting Dashboard maintained 
     pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m-
     2(b)).
       (b) Actions Described.--An action described in this 
     subsection is an action taken by the Secretary of Defense 
     pursuant to Presidential Determination 2022-11 (87 Fed. Reg. 
     19775; relating to certain actions under section 303 of the 
     Defense Production Act of 1950) or the Presidential 
     Memorandum of February 27, 2023, titled ``Presidential Waiver 
     of Statutory Requirements Pursuant to Section 303 of the 
     Defense Production Act of 1950, as amended, on Department of 
     Defense Supply Chains Resilience'' (88 Fed. Reg. 13015) to 
     create, maintain, protect, expand, or restore sustainable and 
     responsible domestic production capabilities through--
       (1) supporting feasibility studies for mature mining, 
     beneficiation, and value-added processing projects;
       (2) byproduct and co-product production at existing mining, 
     mine waste reclamation, and other industrial facilities;
       (3) modernization of mining, beneficiation, and value-added 
     processing to increase productivity, environmental 
     sustainability, and workforce safety; or
       (4) any other activity authorized under section 303(a)(1) 
     of the Defense Production Act of 1950 15 (50 U.S.C. 
     4533(a)(1)).
       (c) Exception.--An action described in subsection (b) may 
     not be treated as a covered project or be included in the 
     Permitting Dashboard under subsection (a) if the project 
     sponsor (as defined in section 41001(18) of the FAST Act (42 
     U.S.C. 21 4370m(18))) requests that the action not be treated 
     as a covered project.

     SEC. 356. NOTICE FOR MINERAL EXPLORATION ACTIVITIES WITH 
                   LIMITED SURFACE DISTURBANCE.

       (a) In General.--Not later than 15 days before commencing 
     an exploration activity with a surface disturbance of not 
     more than 5 acres of public lands, the operator of such 
     exploration activity shall submit to the Secretary concerned 
     a complete notice of such exploration activity.
       (b) Inclusions.--Notice submitted under subsection (a) 
     shall include such information the Secretary concerned may 
     require, including the information described in section 
     3809.301 of title 43, Code of Federal Regulations (or any 
     successor regulation).
       (c) Review.--Not later than 15 days after the Secretary 
     concerned receives notice submitted under subsection (a), the 
     Secretary concerned shall--
       (1) review and determine completeness of the notice; and
       (2) allow exploration activities to proceed if--
       (A) the surface disturbance of such exploration activities 
     on such public lands will not exceed 5 acres;
       (B) the Secretary concerned determines that the notice is 
     complete; and
       (C) the operator provides financial assurance that the 
     Secretary concerned determines is adequate.
       (d) Definitions.--In this section:
       (1) Exploration activity.--The term ``exploration 
     activity''--
       (A) means creating surface disturbance greater than casual 
     use that includes sampling, drilling, or developing surface 
     or underground workings to evaluate the type, extent, 
     quantity, or quality of mineral values present;
       (B) includes constructing drill roads and drill pads, 
     drilling, trenching, excavating test pits, and conducting 
     geotechnical tests and geophysical surveys; and
       (C) does not include activities where material is extracted 
     for commercial use or sale.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to lands administered by the Secretary of 
     the Interior, the Secretary of the Interior; and
       (B) with respect to National Forest System lands, the 
     Secretary of Agriculture.

     SEC. 357. USE OF MINING CLAIMS FOR ANCILLARY ACTIVITIES.

       Section 10101 of the Omnibus Budget Reconciliation Act of 
     1993 (30 U.S.C. 28f) is amended by adding at the end the 
     following:
       ``(e) Security of Tenure.--
       ``(1) In general.--
       ``(A) In general.--A claimant shall have the right to use, 
     occupy, and conduct operations on public land, with or 
     without the discovery of a valuable mineral deposit, if--
       ``(i) such claimant makes a timely payment of the location 
     fee required by section 10102 and the claim maintenance fee 
     required by subsection (a); or
       ``(ii) in the case of a claimant who qualifies for a waiver 
     under subsection (d), such claimant makes a timely payment of 
     the location fee and complies with the required assessment 
     work under the general mining laws.
       ``(B) Operations defined.--For the purposes of this 
     paragraph, the term `operations' means--
       ``(i) any activity or work carried out in connection with 
     prospecting, exploration, processing, discovery and 
     assessment, development, or extraction with respect to a 
     locatable mineral;
       ``(ii) the reclamation of any disturbed areas; and
       ``(iii) any other reasonably incident uses, whether on a 
     mining claim or not, including the construction and 
     maintenance of facilities, roads, transmission lines, 
     pipelines, and any other necessary infrastructure or means of 
     access on public land for support facilities.
       ``(2) Fulfillment of federal land policy and management 
     act.--A claimant that fulfills the requirements of this 
     section and section 10102 shall be deemed to satisfy the 
     requirements of any provision of the Federal Land Policy and 
     Management Act that requires the payment of fair market value 
     to the United States for use of public lands and resources 
     relating to use of such lands and resources authorized by the 
     general mining laws.
       ``(3) Savings clause.--Nothing in this subsection may be 
     construed to diminish the rights of entry, use, and 
     occupancy, or any other right, of a claimant under the 
     general mining laws.''.

     SEC. 358. ENSURING CONSIDERATION OF URANIUM AS A CRITICAL 
                   MINERAL.

       (a) In General.--Section 7002(a)(3)(B)(i) of the Energy Act 
     of 2020 (30 U.S.C. 1606(a)(3)(B)(i)) is amended to read as 
     follows:
       ``(i) oil, oil shale, coal, or natural gas;''.
       (b) Update.--Not later than 60 days after the date of the 
     enactment of this section, the Secretary, acting through the 
     Director of the United States Geological Survey, shall 
     publish in the Federal Register an update to

[[Page S1952]]

     the final list established in section 7002(c)(3) of the 
     Energy Act of 2020 (30 U.S.C. 1606(c)(3)) in accordance with 
     subsection (a) of this section.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this section, the Secretary, acting through the 
     Director of the United States Geological Survey, in 
     consultation with the Secretary of Energy, shall submit to 
     the appropriate committees of Congress a report that includes 
     the following:
       (1) The current status of uranium deposits in the United 
     States with respect to the amount and quality of uranium 
     contained in such deposits.
       (2) A comparison of the United States to the rest of the 
     world with respect to the amount and quality of uranium 
     contained in uranium deposits.
       (3) Policy considerations, including potential challenges, 
     of utilizing the uranium from the deposits described in 
     paragraph (1).

     SEC. 359. BARRING FOREIGN BAD ACTORS FROM OPERATING ON 
                   FEDERAL LANDS.

       A mining claimant shall be barred from the right to use, 
     occupy, and conduct operations on Federal land if the 
     Secretary of the Interior finds the claimant has a foreign 
     parent company that has (including through a subsidiary)--
       (1) a known record of human rights violations; or
       (2) knowingly operated an illegal mine in another country.

     SEC. 360. PERMIT PROCESS FOR PROJECTS RELATING TO EXTRACTION, 
                   RECOVERY, OR PROCESSING OF CRITICAL MATERIALS.

       (a) Definition of Covered Project.--Section 41001(6)(A) of 
     the FAST Act (42 U.S.C. 4370m(6)(A)) is amended--
       (1) in clause (iii)(III), by striking ``; or'' and 
     inserting ``;'';
       (2) in clause (iv)(II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(v) is related to the extraction, recovery, or processing 
     from coal, coal waste, coal processing waste, pre-or post-
     combustion coal byproducts, or acid mine drainage from coal 
     mines of--

       ``(I) critical minerals (as such term is defined in section 
     7002 of the Energy Act of 2020);
       ``(II) rare earth elements; or
       ``(III) microfine carbon or carbon from coal.''.

       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committees on Energy and Natural Resources and 
     Commerce, Science, and Transportation of the Senate and the 
     Committees on Transportation and Infrastructure, Natural 
     Resources, and Energy and Commerce of the House of 
     Representatives a report evaluating the timeliness of 
     implementation of reforms of the permitting process required 
     as a result of the amendments made by this section on the 
     following:
       (1) The economic and national security of the United 
     States.
       (2) Domestic production and supply of critical minerals, 
     rare earths, and microfine carbon or carbon from coal.

     SEC. 360A. NATIONAL STRATEGY TO RE-SHORE MINERAL SUPPLY 
                   CHAINS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the United States Geological Survey, 
     in consultation with the Secretaries of Defense, Energy, and 
     State, shall--
       (1) identify mineral commodities that--
       (A) serve a critical purpose to the national security of 
     the United States, including with respect to military, 
     defense, and strategic mobility applications; and
       (B) are at highest risk of supply chain disruption due to 
     the domestic or global actions of any covered entity, 
     including price-fixing, systemic acquisition and control of 
     global mineral resources and processing, refining, and 
     smelting capacity, and undercutting the fair market value of 
     such resources; and
       (2) develop a national strategy for bolstering supply 
     chains in the United States for the mineral commodities 
     identified under paragraph (1), including through the 
     enactment of new national policies and the utilization of 
     current authorities, to increase capacity and efficiency of 
     domestic mining, refining, processing, and manufacturing of 
     such mineral commodities.
       (b) Covered Entity.--In this section, the term ``covered 
     entity'' means an entity that--
       (1) is subject to the jurisdiction or direction of the 
     People's Republic of China;
       (2) is directly or indirectly operating on behalf of the 
     People's Republic of China; or
       (3) is owned by, directly or indirectly controlled by, or 
     otherwise subject to the influence of the People's Republic 
     of China.

                 Subtitle D--Federal Land Use Planning

     SEC. 361. FEDERAL LAND USE PLANNING AND WITHDRAWALS.

       (a) Resource Assessments Required.--Federal lands and 
     waters may not be withdrawn from entry under the mining laws 
     or operation of the mineral leasing and mineral materials 
     laws unless--
       (1) a quantitative and qualitative geophysical and 
     geological mineral resource assessment of the impacted area 
     has been completed during the 10-year period ending on the 
     date of such withdrawal;
       (2) the Secretary, in consultation with the Secretary of 
     Commerce, the Secretary of Energy, and the Secretary of 
     Defense, conducts an assessment of the economic, energy, 
     strategic, and national security value of mineral deposits 
     identified in such mineral resource assessment;
       (3) the Secretary conducts an assessment of the reduction 
     in future Federal revenues to the Treasury, States, the Land 
     and Water Conservation Fund, the Historic Preservation Fund, 
     and the National Parks and Public Land Legacy Restoration 
     Fund resulting from the proposed mineral withdrawal;
       (4) the Secretary, in consultation with the Secretary of 
     Defense, conducts an assessment of military readiness and 
     training activities in the proposed withdrawal area; and
       (5) the Secretary submits a report to the Committees on 
     Natural Resources, Agriculture, Energy and Commerce, and 
     Foreign Affairs of the House of Representatives and the 
     Committees on Energy and Natural Resources, Agriculture, and 
     Foreign Affairs of the Senate, that includes the results of 
     the assessments completed pursuant to this subsection.
       (b) Land Use Plans.--Before a resource management plan 
     under the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.) or a forest management plan under the 
     National Forest Management Act is updated or completed, the 
     Secretary or Secretary of Agriculture, as applicable, in 
     consultation with the Director of the United States 
     Geological Survey, shall--
       (1) review any quantitative and qualitative mineral 
     resource assessment that was completed or updated during the 
     10-year period ending on the date that the applicable land 
     management agency publishes a notice to prepare, revise, or 
     amend a land use plan by the Director of the United States 
     Geological Survey for the geographic area affected by the 
     applicable management plan;
       (2) the Secretary, in consultation with the Secretary of 
     Commerce, the Secretary of Energy, and the Secretary of 
     Defense, conducts an assessment of the economic, energy, 
     strategic, and national security value of mineral deposits 
     identified in such mineral resource assessment; and
       (3) submit a report to the Committees on Natural Resources, 
     Agriculture, Energy and Commerce, and Foreign Affairs of the 
     House of Representatives and the Committees on Energy and 
     Natural Resources, Agriculture, and Foreign Affairs of the 
     Senate, that includes the results of the assessment completed 
     pursuant to this subsection.
       (c) New Information.--The Secretary shall provide 
     recommendations to the President on appropriate measures to 
     reduce unnecessary impacts that a withdrawal of Federal lands 
     or waters from entry under the mining laws or operation of 
     the mineral leasing and mineral materials laws may have on 
     mineral exploration, development, and other mineral 
     activities (including authorizing exploration and development 
     of such mineral deposits) not later than 180 days after the 
     Secretary has notice that a resource assessment completed by 
     the Director of the United States Geological Survey, in 
     coordination with the State geological surveys, determines 
     that a previously undiscovered mineral deposit may be present 
     in an area that has been withdrawn from entry under the 
     mining laws or operation of the mineral leasing and mineral 
     materials laws pursuant to--
       (1) section 204 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1714); or
       (2) chapter 3203 of title 54, United States Code.

     SEC. 362. PROHIBITIONS ON DELAY OF MINERAL DEVELOPMENT OF 
                   CERTAIN FEDERAL LAND.

       (a) Prohibitions.--Notwithstanding any other provision of 
     law, the President shall not carry out any action that would 
     pause, restrict, or delay the process for or issuance of any 
     of the following on Federal land, unless such lands are 
     withdrawn from disposition under the mineral leasing laws, 
     including by administrative withdrawal:
       (1) New oil and gas lease sales, oil and gas leases, drill 
     permits, or associated approvals or authorizations of any 
     kind associated with oil and gas leases.
       (2) New coal leases (including leases by application in 
     process, renewals, modifications, or expansions of existing 
     leases), permits, approvals, or authorizations.
       (3) New leases, claims, permits, approvals, or 
     authorizations for development or exploration of minerals.
       (b) Prohibition on Rescission of Leases, Permits, or 
     Claims.--The President, the Secretary, or Secretary of 
     Agriculture as applicable, may not rescind any existing 
     lease, permit, or claim for the extraction and production of 
     any mineral under the mining laws or mineral leasing and 
     mineral materials laws on National Forest System land or land 
     under the jurisdiction of the Bureau of Land Management, 
     unless specifically authorized by Federal statute, or upon 
     the lessee, permittee, or claimant's failure to comply with 
     any of the provisions of the applicable lease, permit, or 
     claim.
       (c) Mineral Defined.--In subsection (a)(3), the term 
     ``mineral'' means any mineral of a kind that is locatable 
     (including such minerals located on ``lands acquired by the 
     United States'', as such term is defined in section 2 of the 
     Mineral Leasing Act for Acquired Lands) under the Act of May 
     10, 1872 (Chapter 152; 17 Stat. 91).

     SEC. 363. DEFINITIONS.

       In this subtitle:
       (1) Federal land.--The term ``Federal land'' means--
       (A) National Forest System land;
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702));

[[Page S1953]]

       (C) the outer Continental Shelf (as defined in section 2 of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and
       (D) land managed by the Secretary of Energy.
       (2) President.--The term ``President'' means--
       (A) the President; and
       (B) any designee of the President, including--
       (i) the Secretary of Agriculture;
       (ii) the Secretary of Commerce;
       (iii) the Secretary of Energy; and
       (iv) the Secretary of the Interior.
       (3) Previously undiscovered deposit.--The term ``previously 
     undiscovered mineral deposit'' means--
       (A) a mineral deposit that has been previously evaluated by 
     the United States Geological Survey and found to be of low 
     mineral potential, but upon subsequent evaluation is 
     determined by the United States Geological Survey to have 
     significant mineral potential; or
       (B) a mineral deposit that has not previously been 
     evaluated by the United States Geological Survey.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

         Subtitle E--Ensuring Competitiveness on Federal Lands

     SEC. 371. INCENTIVIZING DOMESTIC PRODUCTION.

       (a) Offshore Oil and Gas Royalty Rate.--Section 8(a)(1) of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) 
     is amended--
       (1) in subparagraph (A), by striking ``not less than 16\2/
     3\ percent, but not more than 18\3/4\ percent, during the 10-
     year period beginning on the date of enactment of the Act 
     titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14', and not less than 16\2/3\ 
     percent thereafter,'' each place it appears and inserting 
     ``not less than 12.5 percent'';
       (2) in subparagraph (C), by striking ``not less than 16\2/
     3\ percent, but not more than 18\3/4\ percent, during the 10-
     year period beginning on the date of enactment of the Act 
     titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14', and not less than 16\2/3\ 
     percent thereafter,'' each place it appears and inserting 
     ``not less than 12.5 percent'';
       (3) in subparagraph (F), by striking ``not less than 16\2/
     3\ percent, but not more than 18\3/4\ percent, during the 10-
     year period beginning on the date of enactment of the Act 
     titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14', and not less than 16\2/3\ 
     percent thereafter,'' and inserting ``not less than 12.5 
     percent''; and
       (4) in subparagraph (H), by striking ``not less than 16\2/
     3\ percent, but not more than 18\3/4\ percent, during the 10-
     year period beginning on the date of enactment of the Act 
     titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14', and not less than 16\2/3\ 
     percent thereafter,'' and inserting ``not less than 12.5 
     percent''.
       (b) Mineral Leasing Act.--
       (1) Onshore oil and gas royalty rates.--
       (A) Lease of oil and gas land.--Section 17 of the Mineral 
     Leasing Act (30 U.S.C. 226) is amended--
       (i) in subsection (b)(1)(A)--

       (I) by striking ``not less than 16\2/3\'' and inserting 
     ``not less than 12.5''; and
       (II) by striking ``or, in the case of a lease issued during 
     the 10-year period beginning on the date of enactment of the 
     Act titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14', 16\2/3\ percent in amount or 
     value of the production removed or sold from the lease''; and

       (ii) by striking ``16\2/3\ percent'' each place it appears 
     and inserting ``12.5 percent''.
       (B) Conditions for reinstatement.--Section 31(e)(3) of the 
     Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by 
     striking ``20'' inserting ``16\2/3\''.
       (2) Oil and gas minimum bid.--Section 17(b) of the Mineral 
     Leasing Act (30 U.S.C. 226(b)) is amended--
       (A) in paragraph (1)(B), by striking ``$10 per acre during 
     the 10-year period beginning on the date of enactment of the 
     Act titled `An Act to provide for reconciliation pursuant to 
     title II of S. Con. Res. 14'.'' and inserting ``$2 per acre 
     for a period of 2 years from the date of the enactment of the 
     Federal Onshore Oil and Gas Leasing Reform Act of 1987.''; 
     and
       (B) in paragraph (2)(C), by striking ``$10 per acre'' and 
     inserting ``$2 per acre''.
       (3) Fossil fuel rental rates.--Section 17(d) of the Mineral 
     Leasing Act (30 U.S.C. 226(d)) is amended to read as follows:
       ``(d) All leases issued under this section, as amended by 
     the Federal Onshore Oil and Gas Leasing Reform Act of 1987, 
     shall be conditioned upon payment by the lessee of a rental 
     of not less than $1.50 per acre per year for the first 
     through fifth years of the lease and not less than $2 per 
     acre per year for each year thereafter. A minimum royalty in 
     lieu of rental of not less than the rental which otherwise 
     would be required for that lease year shall be payable at the 
     expiration of each lease year beginning on or after a 
     discovery of oil or gas in paying quantities on the lands 
     leased.''.
       (4) Expression of interest fee.--Section 17 of the Mineral 
     Leasing Act (30 U.S.C. 226) is further amended by repealing 
     subsection (q).
       (5) Elimination of noncompetitive leasing.--Section 17 of 
     the Mineral Leasing Act (30 U.S.C. 226) is further amended--
       (A) in subsection (b)--
       (i) in paragraph (1)(A)--

       (I) in the first sentence, by striking ``paragraph (2)'' 
     and inserting ``paragraphs (2) and (3)''; and
       (II) by adding at the end ``Lands for which no bids are 
     received or for which the highest bid is less than the 
     national minimum acceptable bid shall be offered promptly 
     within 30 days for leasing under subsection (c) of this 
     section and shall remain available for leasing for a period 
     of 2 years after the competitive lease sale.''; and

       (ii) by adding at the end the following:
       ``(3)(A) If the United States held a vested future interest 
     in a mineral estate that, immediately prior to becoming a 
     vested present interest, was subject to a lease under which 
     oil or gas was being produced, or had a well capable of 
     producing, in paying quantities at an annual average 
     production volume per well per day of either not more than 15 
     barrels per day of oil or condensate, or not more than 60,000 
     cubic feet of gas, the holder of the lease may elect to 
     continue the lease as a noncompetitive lease under subsection 
     (c)(1).
       ``(B) An election under this paragraph is effective--
       ``(i) in the case of an interest which vested after January 
     1, 1990, and on or before October 24, 1992, if the election 
     is made before the date that is 1 year after October 24, 
     1992;
       ``(ii) in the case of an interest which vests within 1 year 
     after October 24, 1992, if the election is made before the 
     date that is 2 years after October 24, 1992; and
       ``(iii) in any case other than those described in clause 
     (i) or (ii), if the election is made prior to the interest 
     becoming a vested present interest.'';
       (B) by striking subsection (c) and inserting the following:
       ``(c) Lands Subject to Leasing Under Subsection (b); First 
     Qualified Applicant.--
       ``(1) If the lands to be leased are not leased under 
     subsection (b)(1) of this section or are not subject to 
     competitive leasing under subsection (b)(2) of this section, 
     the person first making application for the lease who is 
     qualified to hold a lease under this chapter shall be 
     entitled to a lease of such lands without competitive 
     bidding, upon payment of a non-refundable application fee of 
     at least $75. A lease under this subsection shall be 
     conditioned upon the payment of a royalty at a rate of 12.5 
     percent in amount or value of the production removed or sold 
     from the lease. Leases shall be issued within 60 days of the 
     date on which the Secretary identifies the first responsible 
     qualified applicant.
       ``(2)(A) Lands (i) which were posted for sale under 
     subsection (b)(1) of this section but for which no bids were 
     received or for which the highest bid was less than the 
     national minimum acceptable bid and (ii) for which, at the 
     end of the period referred to in subsection (b)(1) of this 
     section no lease has been issued and no lease application is 
     pending under paragraph (1) of this subsection, shall again 
     be available for leasing only in accordance with subsection 
     (b)(1) of this section.
       ``(B) The land in any lease which is issued under paragraph 
     (1) of this subsection or under subsection (b)(1) of this 
     section which lease terminates, expires, is cancelled or is 
     relinquished shall again be available for leasing only in 
     accordance with subsection (b)(1) of this section.''; and
       (C) by striking subsection (e) and inserting the following:
       ``(e) Primary Term.--Competitive and noncompetitive leases 
     issued under this section shall be for a primary term of 10 
     years: Provided, however, That competitive leases issued in 
     special tar sand areas shall also be for a primary term of 10 
     years. Each such lease shall continue so long after its 
     primary term as oil or gas is produced in paying quantities. 
     Any lease issued under this section for land on which, or for 
     which under an approved cooperative or unit plan of 
     development or operation, actual drilling operations were 
     commenced prior to the end of its primary term and are being 
     diligently prosecuted at that time shall be extended for two 
     years and so long thereafter as oil or gas is produced in 
     paying quantities.''.
       (6) Conforming amendments.--Section 31 of the Mineral 
     Leasing Act (30 U.S.C. 188) is amended--
       (A) in subsection (d)(1), by striking ``section 17(b)'' and 
     inserting ``subsection (b) or (c) of section 17 of this 
     Act'';
       (B) in subsection (e)--
       (i) in paragraph (2)--

       (I) insert ``either'' after ``rentals and''; and
       (II) insert ``or the inclusion in a reinstated lease issued 
     pursuant to the provisions of section 17(c) of this Act of a 
     requirement that future rentals shall be at a rate not less 
     than $5 per acre per year, all'' before ``as determined by 
     the Secretary''; and

       (ii) by amending paragraph (3) to read as follows:
       ``(3)(A) payment of back royalties and the inclusion in a 
     reinstated lease issued pursuant to the provisions of section 
     17(b) of this Act of a requirement for future royalties at a 
     rate of not less than 16\2/3\ percent computed on a sliding 
     scale based upon the average production per well per day, at 
     a rate which shall be not less than 4 percentage points 
     greater than the competitive royalty schedule then in force 
     and used for royalty determination for competitive leases 
     issued pursuant to such section as determined by the 
     Secretary: Provided, That royalty on such reinstated lease 
     shall be paid on all production removed or sold from such 
     lease subsequent to the termination of the original lease;

[[Page S1954]]

       ``(B) payment of back royalties and inclusion in a 
     reinstated lease issued pursuant to the provisions of section 
     17(c) of this Act of a requirement for future royalties at a 
     rate not less than 16\2/3\ percent: Provided, That royalty on 
     such reinstated lease shall be paid on all production removed 
     or sold from such lease subsequent to the cancellation or 
     termination of the original lease; and'';
       (C) in subsection (f)--
       (i) in paragraph (1), strike ``in the same manner as the 
     original lease issued pursuant to section 17'' and insert 
     ``as a competitive or a noncompetitive oil and gas lease in 
     the same manner as the original lease issued pursuant to 
     subsection (b) or (c) of section 17 of this Act'';
       (ii) by redesignating paragraphs (2) and (3) as paragraph 
     (3) and (4), respectively; and
       (iii) by inserting after paragraph (1) the following:
       ``(2) Except as otherwise provided in this section, the 
     issuance of a lease in lieu of an abandoned patented oil 
     placer mining claim shall be treated as a noncompetitive oil 
     and gas lease issued pursuant to section 17(c) of this 
     Act.'';
       (D) in subsection (g), by striking ``subsection (d)'' and 
     inserting ``subsections (d) and (f)'';
       (E) by amending subsection (h) to read as follows:
       ``(h) Royalty Reductions.--
       ``(1) In acting on a petition to issue a noncompetitive oil 
     and gas lease, under subsection (f) of this section or in 
     response to a request filed after issuance of such a lease, 
     or both, the Secretary is authorized to reduce the royalty on 
     such lease if in his judgment it is equitable to do so or the 
     circumstances warrant such relief due to uneconomic or other 
     circumstances which could cause undue hardship or premature 
     termination of production.
       ``(2) In acting on a petition for reinstatement pursuant to 
     subsection (d) of this section or in response to a request 
     filed after reinstatement, or both, the Secretary is 
     authorized to reduce the royalty in that reinstated lease on 
     the entire leasehold or any tract or portion thereof 
     segregated for royalty purposes if, in his judgment, there 
     are uneconomic or other circumstances which could cause undue 
     hardship or premature termination of production; or because 
     of any written action of the United States, its agents or 
     employees, which preceded, and was a major consideration in, 
     the lessee's expenditure of funds to develop the property 
     under the lease after the rent had become due and had not 
     been paid; or if in the judgment of the Secretary it is 
     equitable to do so for any reason.'';
       (F) by redesignating subsections (f) through (i) as 
     subsections (g) through (j), respectively; and
       (G) by inserting after subsection (e) the following:
       ``(f) Issuance of Noncompetitive Oil and Gas Lease; 
     Conditions.--Where an unpatented oil placer mining claim 
     validly located prior to February 24, 1920, which has been or 
     is currently producing or is capable of producing oil or gas, 
     has been or is hereafter deemed conclusively abandoned for 
     failure to file timely the required instruments or copies of 
     instruments required by section 1744 of title 43, and it is 
     shown to the satisfaction of the Secretary that such failure 
     was inadvertent, justifiable, or not due to lack of 
     reasonable diligence on the part of the owner, the Secretary 
     may issue, for the lands covered by the abandoned unpatented 
     oil placer mining claim, a noncompetitive oil and gas lease, 
     consistent with the provisions of section 17(e) of this Act, 
     to be effective from the statutory date the claim was deemed 
     conclusively abandoned. Issuance of such a lease shall be 
     conditioned upon:
       ``(1) a petition for issuance of a noncompetitive oil and 
     gas lease, together with the required rental and royalty, 
     including back rental and royalty accruing from the statutory 
     date of abandonment of the oil placer mining claim, being 
     filed with the Secretary- (A) with respect to any claim 
     deemed conclusively abandoned on or before January 12, 1983, 
     on or before the one hundred and twentieth day after January 
     12, 1983, or (B) with respect to any claim deemed 
     conclusively abandoned after January 12, 1983, on or before 
     the one hundred and twentieth day after final notification by 
     the Secretary or a court of competent jurisdiction of the 
     determination of the abandonment of the oil placer mining 
     claim;
       ``(2) a valid lease not having been issued affecting any of 
     the lands covered by the abandoned oil placer mining claim 
     prior to the filing of such petition: Provided, however, That 
     after the filing of a petition for issuance of a lease under 
     this subsection, the Secretary shall not issue any new lease 
     affecting any of the lands covered by such abandoned oil 
     placer mining claim for a reasonable period, as determined in 
     accordance with regulations issued by him;
       ``(3) a requirement in the lease for payment of rental, 
     including back rentals accruing from the statutory date of 
     abandonment of the oil placer mining claim, of not less than 
     $5 per acre per year;
       ``(4) a requirement in the lease for payment of royalty on 
     production removed or sold from the oil placer mining claim, 
     including all royalty on production made subsequent to the 
     statutory date the claim was deemed conclusively abandoned, 
     of not less than 12\1/2\ percent; and
       ``(5) compliance with the notice and reimbursement of costs 
     provisions of paragraph (4) of subsection (e) but addressed 
     to the petition covering the conversion of an abandoned 
     unpatented oil placer mining claim to a noncompetitive oil 
     and gas lease.''.

                   Subtitle F--Energy Revenue Sharing

     SEC. 381. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUE.

       (a) Distribution of Outer Continental Shelf Revenue to Gulf 
     Producing States.--Section 105 of the Gulf of Mexico Energy 
     Security Act of 2006 (43 U.S.C. 1331 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``50'' and inserting 
     ``37.5''; and
       (B) in paragraph (2)--
       (i) by striking ``50'' and inserting ``62.5'';
       (ii) in subparagraph (A), by striking ``75'' and inserting 
     ``80''; and
       (iii) in subparagraph (B), by striking ``25'' and inserting 
     ``20''; and
       (2) by striking subsection (f) and inserting the following:
       ``(f) Treatment of Amounts.--Amounts disbursed to a Gulf 
     producing State under this section shall be treated as 
     revenue sharing and not as a Federal award or grant for the 
     purposes of part 200 of title 2, Code of Federal 
     Regulations.''.
       (b) Exemption of Certain Payments From Sequestration.--
       (1) In general.--Section 255(g)(1)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905(g)(1)(A)) is amended by inserting after ``Payments to 
     Social Security Trust Funds (28-0404-0-1-651).'' the 
     following:
       ``Payments to States pursuant to section 105(a)(2)(A) of 
     the Gulf of Mexico Energy Security Act of 2006 (Public Law 
     109-432; 43 U.S.C. 1331 note) (014-5535-0-2-302).''.
       (2) Applicability.--The amendment made by this subsection 
     shall apply to any sequestration order issued under the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.) on or after the date of enactment of this 
     Act.

     SEC. 382. PARITY IN OFFSHORE WIND REVENUE SHARING.

       (a) Payments and Revenues.--Section 8(p)(2) of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is 
     amended--
       (1) in subparagraph (A), by striking ``(A) The Secretary'' 
     and inserting the following:
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Secretary'';
       (2) in subparagraph (B), by striking ``(B) The Secretary'' 
     and inserting the following:
       ``(B) Disposition of revenues for projects located within 3 
     nautical miles seaward of state submerged land.--The 
     Secretary''; and
       (3) by adding at the end the following:
       ``(C) Disposition of revenues for offshore wind projects in 
     certain areas.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered offshore wind project.--The term `covered 
     offshore wind project' means a wind powered electric 
     generation project in a wind energy area on the outer 
     Continental Shelf that is not wholly or partially located 
     within an area subject to subparagraph (B).
       ``(II) Eligible state.--The term `eligible State' means a 
     State a point on the coastline of which is located within 75 
     miles of the geographic center of a covered offshore wind 
     project.
       ``(III) Qualified outer continental shelf revenues.--The 
     term `qualified outer Continental Shelf revenues' means all 
     royalties, fees, rentals, bonuses, or other payments from 
     covered offshore wind projects carried out pursuant to this 
     subsection on or after the date of enactment of this 
     subparagraph.

       ``(ii) Requirement.--

       ``(I) In general.--The Secretary of the Treasury shall 
     deposit--

       ``(aa) 12.5 percent of qualified outer Continental Shelf 
     revenues in the general fund of the Treasury;
       ``(bb) 37.5 percent of qualified outer Continental Shelf 
     revenues in the North American Wetlands Conservation Fund; 
     and
       ``(cc) 50 percent of qualified outer Continental Shelf 
     revenues in a special account in the Treasury from which the 
     Secretary shall disburse to each eligible State an amount 
     determined pursuant to subclause (II).

       ``(II) Allocation.--

       ``(aa) In general.--Subject to item (bb), for each fiscal 
     year beginning after the date of enactment of this 
     subparagraph, the amount made available under subclause 
     (I)(cc) shall be allocated to each eligible State in amounts 
     (based on a formula established by the Secretary by 
     regulation) that are inversely proportional to the respective 
     distances between the point on the coastline of each eligible 
     State that is closest to the geographic center of the 
     applicable leased tract and the geographic center of the 
     leased tract.
       ``(bb) Minimum allocation.--The amount allocated to an 
     eligible State each fiscal year under item (aa) shall be at 
     least 10 percent of the amounts made available under 
     subclause (I)(cc).
       ``(cc) Payments to coastal political subdivisions.--
       ``(AA) In general.--The Secretary shall pay 20 percent of 
     the allocable share of each eligible State, as determined 
     pursuant to item (aa), to the coastal political subdivisions 
     of the eligible State.
       ``(BB) Allocation.--The amount paid by the Secretary to 
     coastal political subdivisions under subitem (AA) shall be 
     allocated to each coastal political subdivision in accordance 
     with subparagraphs (B) and (C) of section 31(b)(4) of this 
     Act.

[[Page S1955]]

       ``(iii) Timing.--The amounts required to be deposited under 
     subclause (I) of clause (ii) for the applicable fiscal year 
     shall be made available in accordance with such subclause 
     during the fiscal year immediately following the applicable 
     fiscal year.
       ``(iv) Authorized uses.--

       ``(I) In general.--Subject to subclause (II), each eligible 
     State shall use all amounts received under clause (ii)(II) in 
     accordance with all applicable Federal and State laws, only 
     for 1 or more of the following purposes:

       ``(aa) Projects and activities for the purposes of coastal 
     protection and resiliency, including conservation, coastal 
     restoration, estuary management, beach nourishment, hurricane 
     and flood protection, and infrastructure directly affected by 
     coastal wetland losses.
       ``(bb) Mitigation of damage to fish, wildlife, or natural 
     resources, including through fisheries science and research.
       ``(cc) Implementation of a federally approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(dd) Mitigation of the impact of outer Continental Shelf 
     activities through the funding of onshore infrastructure 
     projects.
       ``(ee) Planning assistance and the administrative costs of 
     complying with this section.
       ``(ff) Infrastructure improvements at ports, including 
     modifications to Federal navigation channels, to support 
     installation of offshore wind energy projects.

       ``(II) Limitation.--Of the amounts received by an eligible 
     State under clause (ii)(II), not more than 3 percent shall be 
     used for the purposes described in subclause (I)(ee).

       ``(v) Administration.--Subject to clause (vi)(III), amounts 
     made available under items (aa) and (cc) of clause (ii)(I) 
     shall--

       ``(I) be made available, without further appropriation, in 
     accordance with this subparagraph;
       ``(II) remain available until expended; and
       ``(III) be in addition to any amount appropriated under any 
     other Act.

       ``(vi) Reporting requirement.--

       ``(I) In general.--Not later than 180 days after the end of 
     each fiscal year, the Governor of each eligible State that 
     receives amounts under clause (ii)(II) for the applicable 
     fiscal year shall submit to the Secretary a report that 
     describes the use of the amounts by the eligible State during 
     the period covered by the report.
       ``(II) Public availability.--On receipt of a report 
     submitted under subclause (I), the Secretary shall make the 
     report available to the public on the website of the 
     Department of the Interior.
       ``(III) Limitation.--If the Governor of an eligible State 
     that receives amounts under clause (ii)(II) fails to submit 
     the report required under subclause (I) by the deadline 
     specified in that subclause, any amounts that would otherwise 
     be provided to the eligible State under clause (ii)(II) for 
     the succeeding fiscal year shall be deposited in the 
     Treasury.

       ``(vii) Treatment of amounts.--Amounts disbursed to an 
     eligible State under this subsection shall be treated as 
     revenue sharing and not as a Federal award or grant for the 
     purposes of part 200 of title 2, Code of Federal 
     Regulations.''.
       (b) Wind Lease Sales for Areas of the Outer Continental 
     Shelf Offshore of Territories of the United States.--Section 
     33 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356c) 
     is amended by adding at the end the following:
       ``(b) Wind Lease Sale Procedure.--Any wind lease granted 
     pursuant to this section shall be considered a wind lease 
     granted under section 8(p), including for purposes of the 
     disposition of revenues pursuant to subparagraphs (B) and (C) 
     of section 8(p)(2).''.
       (c) Exemption of Certain Payments From Sequestration.--
       (1) In general.--Section 255(g)(1)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905(g)(1)(A)) is amended by inserting after ``Payments to 
     Social Security Trust Funds (28-0404-0-1-651).'' the 
     following:
       ``Payments to States pursuant to subparagraph 
     (C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
       (2) Applicability.--The amendment made by this subsection 
     shall apply to any sequestration order issued under the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.) on or after the date of enactment of this 
     Act.

     SEC. 383. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL 
                   LEASING ACT.

       (a) In General.--Section 35 of the Mineral Leasing Act (30 
     U.S.C. 191) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``and, subject to the provisions of subsection (b),'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (4) in paragraph (3)(B)(ii) of subsection (b) (as so 
     redesignated), by striking ``subsection (d)'' and inserting 
     ``subsection (c)''; and
       (5) in paragraph (3)(A)(ii) of subsection (c) (as so 
     redesignated), by striking ``subsection (c)(2)(B)'' and 
     inserting ``subsection (b)(2)(B)''.
       (b) Conforming Amendments.--
       (1) Section 6(a) of the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 355(a)) is amended--
       (A) in the first sentence, by striking ``Subject to the 
     provisions of section 35(b) of the Mineral Leasing Act (30 
     U.S.C. 191(b)), all'' and inserting ``All''; and
       (B) in the second sentence, by striking ``of the Act of 
     February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),'' and 
     inserting ``of the Mineral Leasing Act (30 U.S.C. 191)''.
       (2) Section 20(a) of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019(a)) is amended, in the second sentence of the 
     matter preceding paragraph (1), by striking ``the provisions 
     of subsection (b) of section 35 of the Mineral Leasing Act 
     (30 U.S.C. 191(b)) and section 5(a)(2) of this Act'' and 
     inserting ``section 5(a)(2)''.
       (3) Section 205(f) of the Federal Oil and Gas Royalty 
     Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
       (A) in the first sentence, by striking ``this Section'' and 
     inserting ``this section''; and
       (B) by striking the fourth, fifth, and sixth sentences.

     SEC. 384. SUNSET.

       This subtitle, and the amendments made by this subtitle, 
     shall cease to have effect on September 30, 2032, and on such 
     date the provisions of law amended by this subtitle shall be 
     restored or revived as if this subtitle had not been enacted.

                       Subtitle G--Miscellaneous

     SEC. 391. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY 
                   PIPELINE.

       (a) Definition of Mountain Valley Pipeline.--In this 
     section, the term ``Mountain Valley Pipeline'' means the 
     Mountain Valley Pipeline project, as generally described and 
     approved in Federal Energy Regulatory Commission Docket Nos. 
     CP16-10, CP19-477, and CP21-57.
       (b) Congressional Findings and Declaration.--The Congress 
     hereby finds and declares that the timely completion of 
     construction and operation of the Mountain Valley Pipeline is 
     required in the national interest. The Mountain Valley 
     Pipeline will serve demonstrated natural gas demand in the 
     Northeast, Mid-Atlantic, and Southeast regions, will increase 
     the reliability of natural gas supplies and the availability 
     of natural gas at reasonable prices, will allow natural gas 
     producers to access additional markets for their product, and 
     will reduce carbon emissions and facilitate the energy 
     transition.
       (c) Approval and Ratification and Maintenance of Existing 
     Authorizations.--Notwithstanding any other provision of law--
       (1) Congress hereby ratifies and approves all 
     authorizations, permits, verifications, extensions, 
     biological opinions, incidental take statements, and any 
     other approvals or orders issued pursuant to Federal law 
     necessary for the construction and initial operation at full 
     capacity of the Mountain Valley Pipeline; and
       (2) Congress hereby directs the Secretary of the Army, the 
     Federal Energy Regulatory Commission, the Secretary of 
     Agriculture, and the Secretary of the Interior, and other 
     agencies as applicable, as the case may be, to continue to 
     maintain such authorizations, permits, verifications, 
     extensions, biological opinions, incidental take statements, 
     and any other approvals or orders issued pursuant to Federal 
     law necessary for the construction and initial operation at 
     full capacity of the Mountain Valley Pipeline.
       (d) Expedited Approval.--Notwithstanding any other 
     provision of law, not later than 21 days after the date of 
     enactment of this Act and for the purpose of facilitating the 
     completion of the Mountain Valley Pipeline, the Secretary of 
     the Army shall issue all permits or verifications necessary--
       (1) to complete the construction of the Mountain Valley 
     Pipeline across the waters of the United States; and
       (2) to allow for the operation and maintenance of the 
     Mountain Valley Pipeline.
       (e) Judicial Review.--
       (1) Notwithstanding any other provision of law, no court 
     shall have jurisdiction to review any action taken by the 
     Secretary of the Army, the Federal Energy Regulatory 
     Commission, the Secretary of Agriculture, the Secretary of 
     the Interior, or a State administrative agency acting 
     pursuant to Federal law that grants an authorization, permit, 
     verification, biological opinion, incidental take statement, 
     or any other approval necessary for the construction and 
     initial operation at full capacity of the Mountain Valley 
     Pipeline, including the issuance of any authorization, 
     permit, extension, verification, biological opinion, 
     incidental take statement, or other approval described in 
     subsection (c) or (d) of this section for the Mountain Valley 
     Pipeline, whether issued prior to, on, or subsequent to the 
     date of enactment of this section, and including any lawsuit 
     pending in a court as of the date of enactment of this 
     section.
       (2) The United States Court of Appeals for the District of 
     Columbia Circuit shall have original and exclusive 
     jurisdiction over any claim alleging the invalidity of this 
     section or that an action is beyond the scope of authority 
     conferred by this section.
       (f) Effect.--This section supersedes any other provision of 
     law (including any other section of this Act or other 
     statute, any regulation, any judicial decision, or any agency 
     guidance) that is inconsistent with the issuance of any 
     authorization, permit, verification, biological opinion, 
     incidental take statement, or other approval for the Mountain 
     Valley Pipeline.
                                 ______
                                 
  SA 130. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:


[[Page S1956]]


  

       Strike title III of division B and insert the following:

  TITLE III--REGULATORY BUDGETING AND STATUTORY ADMINISTRATIVE PAY-AS-
                                 YOU-GO

     SEC. 261. SHORT TITLE.

       This title may be cited as the ``Regulatory Budgeting and 
     Administrative Pay-As-You-Go Act of 2023''.

     SEC. 262. DEFINITIONS.

       In this title:
       (1) Administrative action.--The term ``administrative 
     action'' means a ``rule'' as defined in section 804(3) of 
     title 5, United States Code.
       (2) Agency.--The term ``agency'' means any authority of the 
     United States that is an ``agency'' under section 3502(1) of 
     title 44, United States Code, other than those considered to 
     be independent regulatory agencies, as defined in section 
     3502(5) of such title.
       (3) Costs.--The term ``costs'' means opportunity cost to 
     society.
       (4) Cost savings.--The term ``cost savings'' means the cost 
     imposed by a regulatory action that is eliminated by the 
     repeal, replacement, or modification of the regulatory 
     action.
       (5) Covered discretionary administrative action.--The term 
     ``covered discretionary administrative action'' means a 
     discretionary administrative action that would affect direct 
     spending.
       (6) Deregulatory action.--The term ``deregulatory action'' 
     means the repeal, replacement, or modification of an existing 
     regulatory action.
       (7) Direct spending.--The term ``direct spending'' has the 
     meaning given that term in section 250(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900(c)).
       (8) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (9) Discretionary administrative action.--The term 
     ``discretionary administrative action''--
       (A) means any administrative action that is not required by 
     law; and
       (B) includes an administrative action required by law for 
     which an agency has discretion in the manner in which to 
     implement the administrative action.
       (10) Increase direct spending.--The term ``increase direct 
     spending'' means that the amount of direct spending would 
     increase relative to--
       (A) the most recently submitted projection of the amount of 
     direct spending presented in baseline estimates as defined in 
     section 257 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, under--
       (i) the budget of the President submitted under section 
     1105 of title 31, United States Code; or
       (ii) the supplemental summary of the budget submitted under 
     section 1106 of title 31, United States Code;
       (B) with respect to a discretionary administrative action 
     that is incorporated into the applicable projection described 
     in subparagraph (A) and for which a proposal has not been 
     submitted under section 263(a)(2)(A), a projection of the 
     amount of direct spending if no administrative action were 
     taken; or
       (C) with respect to a discretionary administrative action 
     described in paragraph (9)(B), a projection of the amount of 
     direct spending under the least costly implementation option 
     reasonably identifiable by the agency that meets the 
     requirements under the statute.
       (11) Incremental regulatory cost.--The term ``incremental 
     regulatory cost'' means the difference between the estimated 
     cost of issuing a significant regulatory action and the 
     estimated cost saved by issuing any deregulatory action.
       (12) Regulation; rule.--The term ``regulation'' or ``rule'' 
     has the meaning given the term ``rule'' in section 551 of 
     title 5, United States Code.
       (13) Regulatory action.--The term ``regulatory action'' 
     means--
       (A) any regulation; and
       (B) any other regulatory guidance, statement of policy, 
     information collection request, form, or reporting, 
     recordkeeping, or disclosure requirements that imposes a 
     burden on the public or governs agency operations.
       (14) Significant regulatory action.--The term ``significant 
     regulatory action'' means any regulatory action, other than 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee, that is likely to--
       (A) have an annual effect on the economy of $100,000,000 or 
     more or adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     Tribal governments or communities;
       (B) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (C) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (D) raise a novel legal or policy issue.
       (15) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and each territory or 
     possession of the United States.

     SEC. 263. REQUIREMENTS FOR ADMINISTRATIVE ACTIONS THAT AFFECT 
                   DIRECT SPENDING.

       (a) Discretionary Administrative Actions.--
       (1) In general.--Before an agency may finalize any covered 
     discretionary administrative action, the head of the agency 
     shall submit to the Director for review written notice 
     regarding the covered discretionary administrative action, 
     which shall include an estimate of the budgetary effects of 
     the covered discretionary administrative action.
       (2) Increasing direct spending.--
       (A) In general.--If the covered discretionary 
     administrative action would increase direct spending in an 
     amount equal to or exceeding the amounts specified in 
     paragraph (3), the written notice submitted by the head of 
     the agency under paragraph (1) shall identify 1 or more other 
     administrative actions that would provide a reduction in 
     direct spending greater than or equal to the increase in 
     direct spending attributable to the covered discretionary 
     administrative action. To the extent feasible, the head of 
     such agency shall issue such administrative actions that 
     would provide a reduction in direct spending before or on the 
     same schedule as the covered discretionary administrative 
     action.
       (B) Review.--
       (i) In general.--The Director shall determine whether the 
     reduction in direct spending in a proposal in a written 
     notice from an agency under subparagraph (A) is greater than 
     or equal to the increase in direct spending attributable to 
     the covered discretionary administrative action to which the 
     written notice relates.
       (ii) No offset.--If the written notice regarding a proposed 
     covered discretionary administrative action that would 
     increase direct spending does not include a proposal to 
     offset the increased direct spending as determined in clause 
     (i), the Director shall return the written notice to the 
     agency for resubmission in accordance with this title.
       (3) Amounts specified.--The amounts specified in this 
     paragraph are--
       (A) $1,000,000,000 over the 10-year period beginning with 
     the current year; and
       (B) $100,000,000 in any given year during such 10-year 
     period.
       (b) Nondiscretionary Actions.--
       (1) In general.--If an agency determines that an 
     administrative action that would increase direct spending is 
     required by law and therefore is not a covered discretionary 
     administrative action, before the agency finalizes that 
     administrative action, the head of the agency shall--
       (A) submit to the Director a written opinion by the general 
     counsel of the agency, or the equivalent employee of the 
     agency, explaining that legal conclusion;
       (B) submit to the Director a projection of the amount of 
     direct spending under the least costly implementation option 
     reasonably identifiable by the agency that meets the 
     requirements under the statute; and
       (C) consult with the Director regarding implementation of 
     the administrative action.
       (2) Approval required.--An administrative action described 
     in paragraph (1) shall have no effect unless the Director--
       (A) certifies the administrative action is required by law 
     and therefore is not a covered discretionary administrative 
     action; and
       (B) approves the administrative action in advance in 
     writing and the written approval is publicly available online 
     prior to the issuance of the administrative action.
       (c) Projections.--Any projection for purposes of this title 
     shall be conducted in accordance with Office of Management 
     and Budget Circular A-11, or any successor thereto.
       (d) Issuance of Administrative Guidance.--Not later than 90 
     days after the date of enactment of this Act, the Director 
     shall issue instructions regarding the implementation of this 
     title, including how covered discretionary administrative 
     actions that increase direct spending and nontax receipts 
     will be evaluated.

     SEC. 264. REGULATORY PLANNING AND BUDGET.

       (a) Unified Agenda and Annual Regulatory Plan.--
       (1) Unified regulatory agenda.--During the months of April 
     and October of each year, the Director shall publish a 
     unified regulatory agenda, which shall include--
       (A) regulatory and deregulatory actions under development 
     or review at agencies;
       (B) a Federal regulatory plan of all significant regulatory 
     actions and associated deregulatory actions that agencies 
     reasonably expect to issue in proposed or final form in the 
     current and following fiscal year; and
       (C) all information required to be included in the 
     regulatory flexibility agenda under section 602 of title 5, 
     United States Code.
       (2) Agency submissions.--In accordance with guidance issued 
     by the Director and not less than 60 days before each date of 
     publication for the unified regulatory agenda under paragraph 
     (1), the head of each agency shall submit to the Director an 
     agenda of all regulatory actions and deregulatory actions 
     under development at the agency, including the following:
       (A) For each regulatory action and deregulatory action:
       (i) A regulation identifier number.
       (ii) A brief summary of the action.
       (iii) The legal authority for the action.
       (iv) Any legal deadline for the action.
       (v) The name and contact information for a knowledgeable 
     agency official.
       (vi) Any other information as required by the Director.

[[Page S1957]]

       (B) An annual regulatory plan, which shall include a list 
     of each significant regulatory action the agency reasonably 
     expects to issue in proposed or final form in the current and 
     following fiscal year, including for each significant 
     regulatory action:
       (i) A summary, including the following:

       (I) A statement of the regulatory objectives.
       (II) The legal authority for the action.
       (III) A statement of the need for the action.
       (IV) The agency's schedule for the action.

       (ii) The estimated cost.
       (iii) The estimated benefits.
       (iv) Any deregulatory action identified to offset the 
     estimated cost of such significant regulatory action and an 
     explanation of how the agency will continue to achieve 
     regulatory objectives if the deregulatory action is taken.
       (v) A best approximation of the total cost or savings and 
     any cost or savings associated with a deregulatory action.
       (vi) An estimate of the economic effects, including any 
     estimate of the net effect that such action will have on the 
     number of jobs in the United States, that was considered in 
     drafting the action, or, if such estimate is not available, a 
     statement affirming that no information on the economic 
     effects, including the effect on the number of jobs, of the 
     action has been considered.
       (C) Information required under section 602 of title 5, 
     United States Code.
       (D) Information required under any other law to be reported 
     by agencies about significant regulatory actions, as 
     determined by the Director.
       (b) Federal Regulatory Budget.--
       (1) Establishment.--In the April unified regulatory agenda 
     described in subsection (a), the Director--
       (A) shall establish the annual Federal Regulatory Budget, 
     which specifies the net amount of incremental regulatory 
     costs allowed by the Federal Government and at each agency 
     for the next fiscal year; and
       (B) may set the incremental regulatory cost allowance to 
     allow an increase, prohibit an increase, or require a 
     decrease of incremental regulatory costs.
       (2) Default net incremental regulatory cost.--If the 
     Director does not set a net amount of incremental regulatory 
     costs allowed for an agency, the net incremental regulatory 
     cost allowed shall be zero.
       (3) Balance rollover of incremental regulatory cost 
     allowance.--
       (A) In general.--If an agency does not exhaust all of the 
     incremental regulatory cost allowance for a fiscal year, the 
     balance may be added to the incremental regulatory cost 
     allowance for the subsequent fiscal year, without increasing 
     the incremental regulatory costs allowed for the Federal 
     Government for the subsequent fiscal year.
       (B) Total carryover.--The Director shall identify the total 
     carryover incremental regulatory cost allowance available to 
     an agency in the Federal Regulatory Budget.
       (c) Significant Regulatory Action Requirements.--Except as 
     otherwise required by law, a significant regulatory action 
     shall have no effect unless--
       (1) the--
       (A) head of the agency identifies not less than 2 
     deregulatory actions to offset the costs of the significant 
     regulatory action, and to the extent feasible, issues those 
     deregulatory actions before or on the same schedule as the 
     significant regulatory action;
       (B) incremental costs of the significant regulatory action 
     as offset by any deregulatory action issued before or on the 
     same schedule as the significant regulatory action do not 
     cause the agency to exceed or contribute to the agency 
     exceeding the incremental regulatory cost allowance of the 
     agency for that fiscal year; and
       (C) significant regulatory action was included on the most 
     recent version or update of the published unified regulatory 
     agenda; or
       (2) the issuance of the significant regulatory action was 
     approved in advance in writing by the Director and the 
     written approval is publicly available online prior to the 
     issuance of the significant regulatory action.
       (d) Guidance by OMB.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall establish and issue 
     guidance on how agencies should comply with the requirements 
     of this section, which shall include the following:
       (A) A process for standardizing the measurement and 
     estimation of regulatory costs, including cost savings 
     associated with deregulatory actions.
       (B) Standards for determining what qualifies as a 
     deregulatory action.
       (C) Standards for determining the costs of existing 
     regulatory actions that are considered for repeal, 
     replacement, or modification.
       (D) A process for accounting for costs in different fiscal 
     years.
       (E) Methods to oversee the issuance of significant 
     regulatory actions offset by cost savings achieved at 
     different times or by different agencies.
       (F) Emergencies and other circumstances that may justify 
     individual waivers of the requirements of this section.
       (G) Standards by which the Director will determine whether 
     a regulatory action or a collection of regulatory actions 
     qualifies as a significant regulatory action.
       (2) Updates to guidance.--The Director shall update the 
     guidance issued pursuant to this section as necessary.

     SEC. 265. WAIVER.

       (a) In General.--The Director may waive the requirements of 
     section 263(a) if the Director concludes that the waiver--
       (1) is necessary for the delivery of essential services; or
       (2) is necessary for effective program delivery.
       (b) Publication.--Any waiver determination under subsection 
     (a) shall be published in the Federal Register.
       (c) Applicability of the Congressional Review Act.--A 
     waiver determination under subsection (a) shall be considered 
     a rule for the purposes of chapter 8 of title 5, United 
     States Code.

     SEC. 266. GAO REPORT.

       Within 180 days of the date of enactment of this Act, the 
     Comptroller General shall issue a report on the 
     implementation of this title.

     SEC. 267. CONGRESSIONAL REVIEW ACT COMPLIANCE ASSESSMENT.

       Section 801(a)(2)(A) of title 5, United States Code, is 
     amended by inserting after ``compliance with procedural steps 
     required by paragraph (1)(B)'' the following: ``, and shall 
     in addition include an assessment of the agency's compliance 
     with such requirements of the Regulatory Budgeting and 
     Administrative Pay-As-You-Go Act of 2023 as may be 
     applicable''.
                                 ______
                                 
  SA 131. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 3746, to provide for a responsible increase to the 
debt ceiling; which was ordered to lie on the table; as follows:

       Beginning on page 9, strike line 18 and all that follows 
     through page 11, line 13, and insert the following:
       (e) Additional Spending Limits.--For purposes
                                 ______
                                 
  SA 132. Mr. MERKLEY (for himself, Mr. Welch, Mr. Markey, Mr. 
Menendez, and Mr. Sanders) submitted an amendment intended to be 
proposed by him to the bill H.R. 3746, to provide for a responsible 
increase to the debt ceiling; which was ordered to lie on the table; as 
follows:

       Strike sections 321 through 323.

                                 ______
                                 
  SA 133. Mr. MERKLEY (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; which was 
ordered to lie on the table; as follows:

       On page 17, between lines 8 and 9, insert the following:

     SEC. 104. ADDITIONAL PRESIDENTIAL MODIFICATION OF THE DEBT 
                   CEILING.

       (a) Short Title.--This section may be cited as the 
     ``Protect Our Citizens from Reckless Extortion of our Debt 
     and Irresponsible Tactics Act of 2023'' or the ``Protect Our 
     CREDIT Act of 2023''.
       (b) Amendments.--Subchapter I of chapter 31 of subtitle III 
     of title 31, United States Code, is amended--
       (1) in section 3101(b), by inserting ``or 3101B'' after 
     ``section 3101A''; and
       (2) by inserting after section 3101A the following:

     ``Sec. 3101B. Additional Presidential modification of the 
       debt ceiling

       ``(a) Definition.--In this section, the term `joint 
     resolution' means only a joint resolution--
       ``(1) that is introduced during the period--
       ``(A) beginning on the date a certification described in 
     paragraph (1) or (2) of subsection (b) is received by 
     Congress; and
       ``(B) ending on the date that is 3 legislative days 
     (excluding any day on which it is not in order to introduce 
     resolutions) after the date described in subparagraph (A);
       ``(2) which does not have a preamble;
       ``(3) the title of which is only as follows: `Joint 
     resolution relating to the disapproval of the President's 
     exercise of authority to increase the debt limit, as 
     submitted under section 3101B of title 31, United States 
     Code, on ______' (with the blank containing the date of such 
     submission); and
       ``(4) the matter after the resolving clause of which is 
     only as follows: `That Congress disapproves of the 
     President's exercise of authority to increase the debt limit, 
     as exercised pursuant to the certification submitted under 
     section 3101B(b) of title 31, United States Code, on ______.' 
     (with the blank containing the date of such submission).
       ``(b) Submissions to Congress.--
       ``(1) Annual submission.--Before the beginning of each 
     fiscal year, the President shall submit to Congress a written 
     certification specifying the amount of obligations that are 
     subject to limit under section 3101(b), in addition to the 
     amount of such obligations authorized to be outstanding on 
     the date of the certification, that the President determines 
     it shall be necessary to issue during the next fiscal year to 
     meet existing commitments.
       ``(2) Submission during fiscal year.--If the President 
     determines during a fiscal year that the debt subject to 
     limit under section 3101(b) is within $250,000,000,000 of 
     such limit and that further borrowing is necessary to meet 
     existing commitments, the President shall submit to Congress 
     a written certification--

[[Page S1958]]

       ``(A) specifying the amount of obligations that are subject 
     to limit under section 3101(b), in addition to the amount of 
     such obligations authorized to be outstanding on the date of 
     the certification, that the President determines it shall be 
     necessary to issue during the fiscal year to meet existing 
     commitments; and
       ``(B) containing the reason for any discrepancy from the 
     certification submitted under paragraph (1) for the fiscal 
     year.
       ``(3) Effect of failure to enact disapproval.--If a joint 
     resolution is not enacted with respect to a certification 
     under paragraph (1) or (2) during the 15-legislative-day 
     period beginning on the date on which Congress receives the 
     certification, the limit under section 3101(b) is increased 
     by the amount specified in the certification.
       ``(4) Effect of enactment of disapproval.--If a joint 
     resolution is enacted with respect to a certification under 
     paragraph (1) or (2) during the 15-legislative-day period 
     beginning on the date on which Congress receives the 
     certification, the limit under section 3101(b)--
       ``(A) shall not be increased by the amount specified in the 
     certification; and
       ``(B) shall be increased in accordance with subsection 
     (c)(2).
       ``(c) Suspension for Mid-Year Certification.--
       ``(1) In general.--Section 3101(b) shall not apply for the 
     period--
       ``(A) beginning on the date on which the President submits 
     to Congress a certification under subsection (b)(2); and
       ``(B) ending on the earlier of--
       ``(i) the date that is 15 legislative days after Congress 
     receives the certification; or
       ``(ii) the date of enactment of a joint resolution with 
     respect to the certification.
       ``(2) Special rule relating to obligations issued during 
     suspension period.--
       ``(A) In general.--If a joint resolution is enacted with 
     respect to a certification under subsection (b)(2), effective 
     on the day after such date of enactment, the limitation in 
     section 3101(b) is increased to the extent that--
       ``(i) the face amount of obligations issued under this 
     chapter and the face amount of obligations whose principal 
     and interest are guaranteed by the United States Government 
     (except guaranteed obligations held by the Secretary of the 
     Treasury) outstanding on the calendar day after such date of 
     enactment, exceeds
       ``(ii) the face amount of such obligations outstanding on 
     the date on which the President submits the certification.
       ``(B) Limitation.--An obligation shall not be taken into 
     account under subparagraph (A) unless the issuance of such 
     obligation was necessary to fund a commitment incurred by the 
     Federal Government that required payment during the 15-
     legislative-day period described in paragraph (1)(B)(i).
       ``(d) Expedited Consideration in House of 
     Representatives.--
       ``(1) Reporting and discharge.--Any committee of the House 
     of Representatives to which a joint resolution is referred 
     shall report it to the House of Representatives without 
     amendment not later than 5 calendar days after the date of 
     introduction of the joint resolution. If a committee fails to 
     report the joint resolution within that period, the committee 
     shall be discharged from further consideration of the joint 
     resolution and the joint resolution shall be referred to the 
     appropriate calendar.
       ``(2) Proceeding to consideration.--After each committee 
     authorized to consider a joint resolution reports it to the 
     House of Representatives or has been discharged from its 
     consideration, it shall be in order, not later than the sixth 
     day after introduction of the joint resolution, to move to 
     proceed to consider the joint resolution in the House of 
     Representatives. All points of order against the motion are 
     waived. Such a motion shall not be in order after the House 
     of Representatives has disposed of a motion to proceed on a 
     joint resolution addressing a particular submission. 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.
       ``(3) Consideration.--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 its passage without intervening motion except 2 
     hours of debate equally divided and controlled by the 
     proponent and an opponent. An amendment to the joint 
     resolution or a motion to reconsider the vote on passage of 
     the joint resolution shall not be in order.
       ``(e) Expedited Procedure in Senate.--
       ``(1) Placement on calendar.--Upon introduction in the 
     Senate, a joint resolution shall be immediately placed on the 
     calendar.
       ``(2) Floor consideration.--
       ``(A) In general.--Notwithstanding rule XXII of the 
     Standing Rules of the Senate, it is in order at any time 
     during the period beginning on the day after the date on 
     which Congress receives a certification under paragraph (1) 
     or (2) of subsection (b) and ending on the sixth day after 
     the date of introduction of 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. If a motion to proceed to the consideration 
     of the resolution is agreed to, the joint resolution shall 
     remain the unfinished business until disposed of.
       ``(B) Consideration.--Consideration of 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 the majority 
     and minority leaders or their designees. A motion further to 
     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.
       ``(C) Vote on passage.--If the Senate has voted to proceed 
     to a joint resolution, the vote on passage of the joint 
     resolution shall occur immediately following the conclusion 
     of consideration of the joint resolution, and a single quorum 
     call at the conclusion of the debate if requested in 
     accordance with the rules of the Senate.
       ``(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 shall be decided without 
     debate.
       ``(f) Coordination With Action by Other House.--
       ``(1) In general.--If, before passing the joint resolution, 
     one House receives from the other a joint resolution--
       ``(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, except that the vote on final passage shall be 
     on the joint resolution of the other House.
       ``(2) Treatment of joint resolution of other house.--If the 
     Senate fails to introduce or consider a joint resolution 
     under this section, the joint resolution of the House shall 
     be entitled to expedited floor procedures under this section.
       ``(3) Treatment of companion measures.--If, following 
     passage of the joint resolution in the Senate, the Senate 
     receives the companion measure from the House of 
     Representatives, the companion measure shall not be 
     debatable.
       ``(4) Consideration after passage.--
       ``(A) In general.--If Congress passes a joint resolution, 
     the period beginning on the date the President is presented 
     with the joint resolution and ending on the date the 
     President signs, allows to become law without his signature, 
     or vetoes and returns the joint resolution (but excluding 
     days when either House is not in session) shall be 
     disregarded in computing the legislative day period described 
     in paragraphs (3) and (4) of subsection (b) and subsection 
     (c)(1).
       ``(B) Debate.--Debate on a veto message in the Senate under 
     this section shall be 1 hour equally divided between the 
     majority and minority leaders or their designees.
       ``(5) Veto override.--If within the legislative day period 
     described in paragraphs (3) and (4) of subsection (b) and 
     subsection (c)(1), Congress overrides a veto of a joint 
     resolution, except as provided in subsection (c)(2), the 
     limit on debt provided in section 3101(b) shall not be raised 
     under this section.
       ``(g) Rules of House of Representatives and Senate.--
     Subsections (a), (d), (e), and (f) (except for paragraphs 
     (4)(A) and (5) of such subsection) are enacted by Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it 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 joint resolution, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       ``(2) 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.''.
       (c) Conforming Amendment.--The table of sections for 
     chapter 31 of title 31, United States Code, is amended by 
     inserting after the item relating to section 3101A the 
     following:

``3101B. Additional Presidential modification of the debt ceiling.''.
                                 ______
                                 
  SA 134. Mr. BUDD proposed an amendment to the bill H.R. 3746, to 
provide for a responsible increase to the debt ceiling; as follows:

       Strike title I of division B and insert the following:

                TITLE I--RESCISSION OF UNOBLIGATED FUNDS

     SEC. 201. RESCISSION OF UNOBLIGATED CORONAVIRUS FUNDS.

       The unobligated balances of amounts appropriated or 
     otherwise made available by the American Rescue Plan Act of 
     2021 (Public Law 117-2), and by each of Public Laws 116-123, 
     116-127, 116-136, and 116-139 and divisions M and N of Public 
     Law 116-260, are hereby permanently rescinded, except for--
       (1) such amounts that were appropriated or otherwise made 
     available to the Department of Veterans Affairs; and
       (2) amounts made available under section 601 of division HH 
     of Public Law 117-328.

[[Page S1959]]

  

                          ____________________