[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Pages S504-S563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1393. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CITIZENSHIP AND CONGRESSIONAL APPORTIONMENT.

       (a) Short Title.--This section may be cited as the ``Equal 
     Representation Act''.
       (b) Citizenship Status on Decennial Census.--Section 141 of 
     title 13, United States Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g)(1) In conducting the 2030 decennial census and each 
     decennial census thereafter, the Secretary shall include, in 
     any questionnaire distributed or otherwise used for the 
     purpose of determining the total population of each State, a 
     checkbox or other similar option for the respondent to 
     indicate, on behalf of the respondent and each member of the 
     respondent's household, whether such individual is--
       ``(A) a citizen of the United States;
       ``(B) a national of the United States who is not a citizen 
     of the United States;

[[Page S505]]

       ``(C) an alien lawfully residing in the United States; or
       ``(D) an alien unlawfully residing in the United States.
       ``(2) Not later than 120 days after the completion of each 
     decennial census of population pursuant to subsection (a), 
     the Secretary shall make publicly available the number of 
     persons per State, disaggregated by each of the 4 categories 
     described in subparagraphs (A) through (D) of paragraph (1), 
     as tabulated in accordance with this section.''.
       (c) Exclusion of Noncitizens From Number of Persons Used to 
     Determine Apportionment of Representatives and Number of 
     Electoral Votes.--
       (1) Exclusion.--Section 22(a) of the Act entitled ``An Act 
     to provide for the fifteenth and subsequent decennial 
     censuses and to provide for an apportionment of 
     Representatives in Congress'', approved June 18, 1929 (2 
     U.S.C. 2a(a)), is amended by inserting ``and individuals who 
     are not citizens of the United States'' after ``not taxed''.
       (2) Effective date.--The amendment made by subsection (a) 
     shall apply with respect to the apportionment of 
     Representatives carried out pursuant to the decennial census 
     conducted during 2030 and each succeeding decennial census.
       (d) Severability.--If any provision of this section or of 
     an amendment made by this section, or the application of such 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remainder of the provisions of this 
     section and amendments made by this section, and the 
     application of such provision or amendment to any other 
     person or circumstance, shall not be affected.
                                 ______
                                 
  SA 1394. Mr. KAINE (for himself, Mr. Heinrich, Mr. Van Hollen, Mr. 
Merkley, Ms. Warren, Mr. Welch, Mr. Lujan, Mr. Durbin, Mr. Schatz, Mr. 
Murphy, Mr. Warnock, Mr. Carper, Mrs. Shaheen, Mr. Reed, Ms. Butler, 
Mr. Sanders, Mr. Whitehouse, Ms. Klobuchar, Mr. Bennet, Ms. Baldwin, 
Mr. Ossoff, Mr. Booker, Ms. Duckworth, Mr. Markey, Ms. Smith, Mr. 
Cardin, Mr. Warner, and Ms. Hirono) submitted an amendment intended to 
be proposed to amendment SA 1388 submitted by Mrs. Murray (for herself 
and Mr. Schumer) and intended to be proposed to the bill H.R. 815, to 
amend title 38, United States Code, to make certain improvements 
relating to the eligibility of veterans to receive reimbursement for 
emergency treatment furnished through the Veterans Community Care 
program, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 42, beginning on line 12, strike ``Provided 
     further,'' and all that follows through ``United States:'' on 
     line 16.
                                 ______
                                 
  SA 1395. Mr. SCHATZ (for himself, Mr. Schumer, Mr. Van Hollen, Mr. 
Carper, Mrs. Murray, Mr. Cardin, Mr. Wyden, Ms. Hirono, Mr. Merkley, 
Ms. Smith, Mr. Murphy, Mr. Welch, Mr. Durbin, Ms. Stabenow, Ms. 
Klobuchar, Mr. Peters, Mr. Reed, Mr. Warner, Ms. Cantwell, Mr. Tester, 
Mr. Casey, Mr. Coons, Mr. Menendez, Mr. Brown, Mr. Sanders, Mrs. 
Shaheen, Mr. Whitehouse, Mr. Booker, Ms. Baldwin, Ms. Warren, Mr. 
Kaine, Ms. Butler, Ms. Rosen, Mr. Blumenthal, Mr. Markey, Mr. Heinrich, 
Mr. Lujan, Mr. Kelly, Mr. King, Mr. Warnock, Ms. Sinema, Mrs. 
Gillibrand, Ms. Cortez Masto, Mr. Bennet, Mr. Padilla, Ms. Duckworth, 
Mr. Hickenlooper, Ms. Hassan, and Mr. Ossoff) submitted an amendment 
intended to be proposed to amendment SA 1388 submitted by Mrs. Murray 
(for herself and Mr. Schumer) and intended to be proposed to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  It is the policy of the United States--
       (1) to support a negotiated comprehensive solution to the 
     Israeli-Palestinian conflict resulting in two states with 
     Israelis and Palestinians living side by side in peace, 
     security, dignity, and mutual recognition; and
       (2) that such a solution must ensure the state of Israel's 
     survival as a secure, democratic, and Jewish state, and 
     fulfill the legitimate aspirations of the Palestinian people 
     for a state of their own.
                                 ______
                                 
  SA 1396. Mr. MERKLEY (for himself, Mr. Van Hollen, Mr. Durbin, Mr. 
Welch, Mr. Sanders, Mr. Schatz, Mr. Heinrich, Ms. Warren, and Ms. 
Hirono) submitted an amendment intended to be proposed to amendment SA 
1388 submitted by Mrs. Murray (for herself and Mr. Schumer) and 
intended to be proposed to the bill H.R. 815, to amend title 38, United 
States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

                                 ______
                                 
  SA 1397. Mr. MERKLEY (for himself, Mr. Van Hollen, Mr. Welch, Mr. 
Sanders, Mr. Schatz, Mr. Heinrich, Ms. Warren, Ms. Butler, Ms. Hirono, 
and Mr. Coons) submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 61, between lines 12 and 13, insert the following:

     SEC. 709.(A) IN THIS SECTION--

       (1) the term ``civilians'' means individuals who are not on 
     active duty as members of the Israel Defense Forces or the 
     Israel National Police; and
       (2) the term ``United States Conventional Arms Transfer 
     Policy'' means the United States Conventional Arms Transfer 
     Policy described in National Security Memorandum/NSM-18, 
     dated February 23, 2023.
       (b) None of the amounts appropriated or otherwise made 
     available by this division may be obligated or expended to 
     facilitate the commercial export, foreign military sale, 
     transfer, or delivery of any firearms, including pistols and 
     semi-automatic and fully automatic rifles, to Israel, unless 
     the Secretary of State certifies to Congress that the 
     Secretary has received written assurance from the Government 
     of Israel that--
       (1) such firearms--
       (A) will be used only by active duty members of the Israel 
     Defense Forces and the Israel National Police; and
       (B) will not be transferred to civilians;
       (2) any such firearms used by activated reserves of the 
     Israel Defense Forces or the Israel National Police will be 
     returned to the Israel Defense Forces or the Israel National 
     Police once those reserves have been deactivated; and
       (3) such firearms will be used in accordance with United 
     States law and the United States Conventional Arms Transfer 
     Policy.
       (c) Not later than 180 days after the date of the enactment 
     of this Act, and annually thereafter, the Secretary of State 
     shall submit a report to Congress that describes--
       (1) the number of firearms that have been transferred to 
     the Israel Defense Forces and the Israel National Police 
     since the date of the enactment of this Act;
       (2) whether the firearms referred to in paragraph (1) were 
     used by the Israel Defense Forces and Israel National Police 
     in accordance with United States law and the United States 
     Conventional Arms Transfer Policy;
       (3) any cases in which the firearms referred to in 
     paragraph (1) were used in violation of United States law and 
     the Conventional Arms Transfer Policy during the period 
     covered by the report;
       (4) the number of firearms have been transferred to 
     civilians in violation of United States law and policy since 
     the date of the enactment of this Act;
       (5) where and to whom the firearms referred to in paragraph 
     (4) were ultimately delivered; and
       (6) whether the firearms referred to in paragraph (4) were 
     used in documented cases of violence by Israeli settlers in 
     the West Bank.
       On page 61, between lines 12 and 13, insert the following:
       Sec. 709.  Following the October 7, 2023 Hamas terror 
     attacks from Gaza against Israel, it is the policy of the 
     United States that--
       (1) Israel should be secure from terrorism and other 
     violent attacks emanating from Gaza;
       (2) there should be no forcible displacement of 
     Palestinians from Gaza;
       (3) Palestinians displaced during the war must be allowed 
     to return to their homes;
       (4) Israel should not reoccupy Gaza;
       (5) there should not be any reduction of the area or land 
     of Gaza; and
       (6) there should not be a blockade on Gaza.
                                 ______
                                 
  SA 1398. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 38, strike lines 4 through 21 and insert the 
     following:

[[Page S506]]

  


  prohibition on funding for ukrainian businesses and foreign private 
                             sector growth

       None of the amounts appropriated or otherwise made 
     available for this Act may be made available for the 
     development of foreign private sector growth or for the 
     support of Ukrainian businesses.
                                 ______
                                 
  SA 1399. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FUNDS FOR THE WEST BANK OR GAZA UNTIL 
                   HOSTAGES ARE RELEASED.

       (a) Prohibition.--No amounts appropriated or otherwise made 
     available by this Act may be may made available to any 
     organization to fund, operate, advise, provide technical 
     assistance, or support any other activity in the West Bank or 
     Gaza until the following conditions are met:
       (1) All citizens and permanent residents of the United 
     States are released from captivity in Gaza to the United 
     States, Israel, or another country of the individual's 
     choice.
       (2) The remains of all citizens and permanent residents of 
     the United States are returned to their families.
       (b) Exception.--The prohibition under subsection (a) shall 
     not apply to any activities--
       (1) by the United States Government intended to locate or 
     recover citizens and permanent residents of the United 
     States; or
       (2) by the State of Israel.
       (c) Report.--
       (1) In general.--Any activities carried out under 
     subsection (b) shall be reported to the appropriate 
     congressional committees not later than 15 days after the 
     date of the enactment of this Act and every 30 days 
     thereafter until--
       (A) all amounts appropriated or otherwise made available by 
     this Act have been obligated or expended; or
       (B) the conditions described in subsection (a) have been 
     met.
       (2) Appropriate congressional committees.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Appropriations, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Select Committee on Intelligence of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Foreign Affairs, the Committee on Armed Services, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 1400. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A 
                   CRIME RESULTING IN DEATH OR SERIOUS BODILY 
                   INJURY.

       (a) Short Title.--This section may be cited as ``Sarah's 
     Law''.
       (b) In General.--Section 236(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (B) in subparagraph (B), by striking the comma at the end 
     and inserting a semicolon;
       (C) in subparagraph (C)--
       (i) by striking ``sentence'' and inserting ``sentenced''; 
     and
       (ii) by striking ``, or'' and inserting a semicolon;
       (D) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (E) by inserting after subparagraph (D) the following:
       ``(E)(i)(I) was not inspected and admitted into the United 
     States;
       ``(II) held a nonimmigrant visa (or other documentation 
     authorizing admission into the United States as a 
     nonimmigrant) that has been revoked under section 221(i); or
       ``(III) is described in section 237(a)(1)(C)(i); and
       ``(ii) has been charged by a prosecuting authority in the 
     United States with any crime that resulted in the death or 
     serious bodily injury (as defined in section 1365(h)(3) of 
     title 18, United States Code) of another person,''; and
       (2) by adding at the end the following:
       ``(3) Notification requirement.--Upon encountering or 
     gaining knowledge of an alien described in paragraph (1), the 
     Assistant Secretary of Homeland Security for Immigration and 
     Customs Enforcement shall make reasonable efforts--
       ``(A) to obtain information from law enforcement agencies 
     and from other available sources regarding the identity of 
     any victims of the crimes for which such alien was charged or 
     convicted; and
       ``(B) to provide the victim or, if the victim is deceased, 
     a parent, guardian, spouse, or closest living relative of 
     such victim, with information, on a timely and ongoing basis, 
     including--
       ``(i) the alien's full name, aliases, date of birth, and 
     country of nationality;
       ``(ii) the alien's immigration status and criminal history;
       ``(iii) the alien's custody status and any changes related 
     to the alien's custody; and
       ``(iv) a description of any efforts by the United States 
     Government to remove the alien from the United States.''.
       (c) Savings Provision.--Nothing in this section, or the 
     amendments made by this section, may be construed to limit 
     the rights of crime victims under any other provision of law, 
     including section 3771 of title 18, United States Code.
                                 ______
                                 
  SA 1401. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 32, strike line 1 and all that follows 
     through page 33, line 14.
                                 ______
                                 
  SA 1402. Mr. BUDD submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       In division A, after section 708, insert the following:

     SEC. 709. PROHIBITION ON USE OF FUNDS FOR HUMANITARIAN AID 
                   FOR GAZA UNTIL UNITED STATES CITIZENS HELD 
                   HOSTAGE BY HAMAS HAVE BEEN RELEASED.

       Notwithstanding any other provision of this division, no 
     amounts appropriated or otherwise made available by this 
     division may be obligated or expended for humanitarian aid 
     for Gaza until all citizens of the United States held hostage 
     by Hamas have been released.
                                 ______
                                 
  SA 1403. Ms. WARREN (for herself, Mr. Van Hollen, Mr. Welch, Mr. 
Merkley, and Mr. Kaine) submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 61, between lines 14 and 15, insert the following:

     SEC. 709. IMPLEMENTATION OF THE CIVILIAN HARM INCIDENT 
                   RESPONSE GUIDANCE.

       (a) Allocation of Funding.--Of the amount appropriated by 
     this Act, $10,000,000 shall be made available to the 
     Department of State for implementation by the Bureau of 
     Democracy, Human Rights, and Labor, in coordination with the 
     Bureau of Political-Military Affairs, of the Civilian Harm 
     Incident Response Guidance, with a priority on investigating 
     reports of civilian harm caused by United States-origin 
     weapons in conflict areas during the one-year period ending 
     on the date of the enactment of this Act.
       (b) Publication of Civilian Harm Incident Response 
     Guidance.--The Secretary of State shall publish the text of 
     the Civilian Harm Incident Response Guidance on a publicly 
     accessible website in unclassified form.
       (c) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report summarizing all civilian 
     harm events considered in the preceding year under the 
     Civilian Harm Incident Response Guidance, including the 
     location, summary of investigation, and findings.

[[Page S507]]

       (d) Reports on Civilian Harm Events in Violation of 
     International Law.--Not later than 30 days after the 
     Secretary of State determines that United States-origin 
     weapons have been used in a civilian harm event in violation 
     of international law, the Secretary of State shall submit to 
     the appropriate congressional committees an unclassified 
     report that includes--
       (1) a description of the civilian harm event, including the 
     nature of the violation, the perpetrator, and the event's 
     location;
       (2) a description of the Department of State's 
     investigation of the civilian harm event;
       (3) a description of all United States defense articles or 
     services used in the civilian harm event;
       (4) the authority under which a transfer of such defense 
     articles of services occurred; and
       (5) a description of measures that the Department of State 
     has taken to ensure accountability for and nonrecurrence of 
     such harm.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Forces, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Forces, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 1404. Mr. BARRASSO (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 1388 submitted by 
Mrs. Murray (for herself and Mr. Schumer) and intended to be proposed 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. ____. ACTION ON APPLICATIONS TO EXPORT LIQUEFIED NATURAL 
                   GAS.

       Section 3 of the Natural Gas Act (15 U.S.C. 717b) is 
     amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Public Interest.--
       ``(1) In general.--For purposes of subsection (a), all of 
     the following shall be deemed to be consistent with the 
     public interest and applications for such importation or 
     exportation shall be granted without modification or delay:
       ``(A) The importation of natural gas referred to in 
     subsection (b).
       ``(B) The exportation of natural gas to a nation with which 
     there is in effect a free trade agreement requiring national 
     treatment for trade in natural gas.
       ``(C) The exportation of natural gas to a nation that--
       ``(i) imports, directly or indirectly, natural gas 
     (including liquefied natural gas) from the Russian Federation 
     or the Islamic Republic of Iran;
       ``(ii) has the physical capability to import, directly or 
     indirectly, natural gas (including liquefied natural gas) 
     from the Russian Federation or the Islamic Republic of Iran; 
     or
       ``(iii) has previously imported, directly or indirectly, 
     natural gas (including liquefied natural gas) from the 
     Russian Federation or the Islamic Republic of Iran.
       ``(2) Exclusions.--Paragraph (1) shall not apply with 
     respect to the exportation of natural gas--
       ``(A) to any nation that is subject to sanctions imposed by 
     the United States; or
       ``(B) to any nation that is designated as excluded from 
     that paragraph by an Act of Congress.'';
       (2) in subsection (e)(3)(A), by inserting ``and subsection 
     (g)'' after ``subparagraph (B)''; and
       (3) by adding at the end the following:
       ``(g) Action on Applications to Export LNG.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered application.--The term `covered application' 
     means an application submitted with respect to a covered 
     facility for an authorization to export natural gas under 
     subsection (a).
       ``(B) Covered facility.--The term `covered facility' means 
     a liquefied natural gas export facility for which a proposal 
     to site, construct, expand, or operate is required to be 
     approved under subsection (e).
       ``(2) Decision deadline.--The Commission shall issue a 
     final decision on a covered application not later than 45 
     days after the later of--
       ``(A) the date on which each review required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) with respect to the siting, construction, expansion, or 
     operation of the covered facility that is the subject of the 
     covered application is published; and
       ``(B) the date of enactment of this subsection.
       ``(3) Untimely final decision.--
       ``(A) In general.--If the Commission fails to issue a final 
     decision under paragraph (2) by the applicable date required 
     under that paragraph, the covered application shall be 
     considered approved, and the environmental review shall be 
     considered sufficient to satisfy all requirements of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(B) Final agency action.--A determination under 
     subparagraph (A) shall be considered to be a final agency 
     action.
       ``(4) Judicial review.--
       ``(A) Jurisdiction.--Except for review in the Supreme Court 
     of the United States, the court of appeals of the United 
     States for the circuit in which a covered facility is, or 
     will be, located pursuant to a covered application shall have 
     original and exclusive jurisdiction over any civil action for 
     the review of an order issued by the Commission with respect 
     to the covered application.
       ``(B) Expedited review.--The applicable United States Court 
     of Appeals shall--
       ``(i) set any civil action brought under this subsection 
     for expedited review; and
       ``(ii) set the action on the docket as soon as practicable 
     after the filing date of the initial pleading.
       ``(C) Transfer of existing actions.--In the case of a 
     covered application for which a petition for review has been 
     filed as of the date of enactment of this subsection, the 
     petition shall be--
       ``(i) on a motion by the applicant, transferred to the 
     court of appeals of the United States in which the covered 
     facility that is the subject of the covered application is, 
     or will be, located; and
       ``(ii) adjudicated in accordance with this paragraph.''.
                                 ______
                                 
  SA 1405. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 32, strike line 1 and all that follows 
     through page 33, line 14.
       On page 39, strike lines 9 through 19.
                                 ______
                                 
  SA 1406. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 32, strike line 1 and all that follows 
     through page 33, line 14.
                                 ______
                                 
  SA 1407. Mr. SCHMITT submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        In lieu of the matter proposed to be inserted, insert the 
     following:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $4,400,000,000, to remain available until 
     September 30, 2025, to respond to the attacks in Israel:  
     Provided, That such amounts may be transferred to accounts 
     under the headings ``Operation and Maintenance'' and 
     ``Procurement'' for replacement of defense articles from the 
     stocks of the Department of Defense, and for reimbursement 
     for defense services of the Department of Defense and 
     military education and training, provided to Israel or 
     identified and notified to Congress for provision to Israel:  
     Provided further, That funds transferred pursuant to the 
     previous proviso shall be merged with and available for the 
     same purposes and for the same time period as the 
     appropriations to which the funds are transferred:  Provided 
     further, That the Secretary of Defense shall notify the 
     congressional defense committees of the details of such 
     transfers not less than 15 days before any such transfer:  
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided under this heading, such 
     amounts may be transferred back and merged with this 
     appropriation:  Provided further, That any transfer authority 
     provided under this heading is

[[Page S508]]

     in addition to any other transfer authority provided by law:  
     Provided further, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                              PROCUREMENT

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $801,400,000, to remain available until September 30, 
     2026, to respond to the attacks in Israel:  Provided, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $10,000,000, to remain available until September 30, 2026, to 
     respond to the attacks in Israel:  Provided, That such amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $38,600,000, to remain available until September 30, 
     2026, to respond to the attacks in Israel:  Provided, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $4,000,000,000, to remain available until September 30, 2026, 
     for the Secretary of Defense to provide to the Government of 
     Israel for the procurement of the Iron Dome and David's Sling 
     defense systems to counter short-range rocket threats:  
     Provided, That such funds shall be transferred pursuant to an 
     exchange of letters and are in addition to funds provided 
     pursuant to the U.S.-Israel Iron Dome Procurement Agreement, 
     as amended:  Provided further, That nothing under this 
     heading shall be construed to apply to amounts made available 
     in prior appropriations Acts for the procurement of the Iron 
     Dome and David's Sling defense systems:  Provided further, 
     That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfers of funds)

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $1,350,000,000, to remain 
     available until September 30, 2025, to respond to the attacks 
     in Israel, of which $1,200,000,000 shall be for the Secretary 
     of Defense to provide to the Government of Israel for the 
     development of the Iron Beam defense system to counter short-
     range rocket threats:  Provided, That such funds shall be 
     transferred pursuant to an exchange of letters:  Provided 
     further, That nothing in the preceding proviso shall be 
     construed to apply to amounts made available in prior 
     appropriations Acts for the development of the Iron Beam 
     defense system:  Provided further, That such amounts may be 
     transferred to ``Procurement, Defense-Wide'' for the 
     production of such system:  Provided further, That the 
     Secretary of Defense shall notify the congressional defense 
     committees of the details of such transfers not less than 15 
     days before any such transfer:  Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided under this heading, such amounts may be transferred 
     back and merged with this appropriation:  Provided further, 
     That any transfer authority provided under this heading is in 
     addition to any other transfer authority provided by law:  
     Provided further, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 101.  Section 12001 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287), as amended by 
     Public Law 115-141, is amended as follows:
       (1) In paragraph (2) of subsection (a), by striking 
     ``armor'' and all that follows through the end of the 
     paragraph and inserting ``defense articles that are in the 
     inventory of the Department of Defense as of the date of 
     transfer, are intended for use as reserve stocks for Israel, 
     and are located in a stockpile for Israel as of the date of 
     transfer'';
       (2) In subsection (b), by striking ``at least equal to the 
     fair market value of the items transferred'' and inserting 
     ``in an amount to be determined by the Secretary of 
     Defense''; and
       (3) In subsection (c), by striking ``30'' and inserting 
     ``15'', and by inserting ``Appropriations,'' after 
     ``Committees on'' in both places it occurs.
       Sec. 102.  During fiscal year 2024, section 514(b) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)) shall not 
     apply to defense articles to be set aside, earmarked, 
     reserved, or intended for use as reserve stocks in stockpiles 
     in the State of Israel.
       Sec. 103.  Not later than 30 days after the date of 
     enactment of this Act, and every 30 days thereafter through 
     fiscal year 2025, the Secretary of Defense, in coordination 
     with the Secretary of State, shall provide a written report 
     to the Committees on Appropriations, Armed Services, and 
     Foreign Affairs of the House of Representatives and the 
     Committees on Appropriations, Armed Services, and Foreign 
     Relations of the Senate describing United States security 
     assistance provided to Israel since the October 7, 2023, 
     terrorist attack on Israel, including a comprehensive list of 
     the defense articles and services provided to Israel and the 
     associated authority and funding used to provide such 
     articles and services: Provided, That such report shall be 
     submitted in unclassified form, but may be accompanied by a 
     classified annex.
       Sec. 104.  Concurrent with any notification of assistance 
     made pursuant to section 506(b)(1) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2318(b)(1)), the Secretary of Defense 
     shall submit a written notification to the congressional 
     defense committees that contains a description of the defense 
     articles and defense services to be furnished, including the 
     quantity, approximate value, and an estimate of the cost to 
     replace such article or an equivalent capability; and a 
     timeline for the delivery of such defense articles and 
     defense services.

                                TITLE II

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                          diplomatic programs

       For an additional amount for ``Diplomatic Programs'', 
     $150,000,000, to remain available until September 30, 2025, 
     for responding to the attacks in Israel and areas impacted by 
     the attacks in Israel, including for crisis response and 
     relocation support for Mission Israel, of which $100,000,000 
     shall be available until expended for Worldwide Security 
     Protection to sustain requirements for Mission Israel and 
     other United States missions affected by the attacks in 
     Israel:  Provided,  That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

           emergencies in the diplomatic and consular service

       For an additional amount for ``Emergencies in the 
     Diplomatic and Consular Service'', $50,000,000, to remain 
     available until September 30, 2025, for emergency evacuation 
     of United States Government personnel and citizens in Israel 
     and in countries in the region impacted by the attacks in 
     Israel:  Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                   foreign military financing program

       For an additional amount for ``Foreign Military Financing 
     Program'', $3,500,000,000, to remain available until 
     September 30, 2025, to respond to the attacks in Israel:  
     Provided, That funds made available under this heading in 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     for fiscal year 2024, in addition to funds otherwise 
     available for such purposes, may be used by the Department of 
     State for necessary expenses for the general costs of 
     administering military assistance and sales, including 
     management and oversight of such programs and activities:  
     Provided further, That, to the extent that the Government of 
     Israel requests that funds be used for such purposes, grants 
     made available for Israel under this heading shall, as agreed 
     by the United States and Israel, be available for advanced 
     weapons systems, of which up to $3,500,000,000 may be 
     available for the procurement in Israel of defense articles 
     and defense services:  Provided further, That any 
     congressional notification requirement applicable to funds 
     made available under this heading for Israel may be waived if 
     a determination is made that extraordinary circumstances 
     exist that impact the national security of the United States: 
      Provided further, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 201. (a) During fiscal year 2024, and subject to 
     subsection (b), section 506(a)(1) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied by 
     substituting ``$2,500,000,000'' for ``$100,000,000''.
       (b) Subsection (a) shall not take effect unless the 
     Secretary of State determines and reports to the appropriate 
     congressional committees that the exercise of the authority 
     of such subsection is necessary to respond to the situation 
     in Israel.

[[Page S509]]

       Sec. 202.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the Committees on Appropriations a report on the proposed 
     uses of funds appropriated by this title to respond to the 
     situation in Israel: Provided, That such report shall be 
     updated and submitted to such Committees every 60 days 
     thereafter until September 30, 2025, and every 180 days 
     thereafter until all funds have been expended, and shall 
     include information detailing how estimates and assumptions 
     contained in previous reports have changed, including 
     obligations and expenditures.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

       Sec. 301.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 302.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 303.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2024.
       Sec. 304.  Each amount designated in this Act by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, shall be available (or 
     rescinded or transferred, if applicable) only if the 
     President subsequently so designates all such amounts and 
     transmits such designations to the Congress.
       Sec. 305.  Any amount appropriated by this Act, designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, and subsequently so 
     designated by the President, and transferred pursuant to 
     transfer authorities provided by this Act shall retain such 
     designation.


                           budgetary offsets

       Sec. 306.  (a) Rescission of Certain Balances Made 
     Available to the Internal Revenue Service.--Of the 
     unobligated balances of amounts appropriated or otherwise 
     made available for activities of the Internal Revenue Service 
     by paragraphs (1)(A)(ii), (1)(A)(iii), (1)(B), (2), (3), (4), 
     and (5) of section 10301 of Public Law 117-169 (commonly 
     known as the ``Inflation Reduction Act of 2022'') as of the 
     date of the enactment of this Act, $14,300,000,000 are hereby 
     rescinded.
       (b) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of this section shall not be 
     estimated--
       (1) for purposes of section 251 of such act;
       (2) for purposes of an allocation to the Committee on 
     Appropriations pursuant to section 302(a) of the 
     Congressional Budget Act of 1974; and
       (3) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.
        This Act may be cited as the ``Israel Security 
     Supplemental Appropriations Act, 2024''.
                                 ______
                                 
  SA 1408. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

            DIVISION C--RADIATION EXPOSURE COMPENSATION ACT

                    TITLE I--MANHATTAN PROJECT WASTE

     SEC. 4001. SHORT TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Radiation Exposure Compensation Expansion Act''.

     SEC. 4002. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       The Radiation Exposure Compensation Act (Public Law 101-
     426; 42 U.S.C. 2210 note) is amended by inserting after 
     section 5 the following:

     ``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       ``(a) In General.--A claimant shall receive compensation 
     for a claim made under this Act, as described in subsection 
     (b) or (c), if--
       ``(1) a claim for compensation is filed with the Attorney 
     General--
       ``(A) by an individual described in paragraph (2); or
       ``(B) on behalf of that individual by an authorized agent 
     of that individual, if the individual is deceased or 
     incapacitated, such as--
       ``(i) an executor of estate of that individual; or
       ``(ii) a legal guardian or conservator of that individual;
       ``(2) that individual, or if applicable, an authorized 
     agent of that individual, demonstrates that the individual--
       ``(A) was physically present in an affected area for a 
     period of at least 2 years after January 1, 1949; and
       ``(B) contracted a specified disease after such period of 
     physical presence;
       ``(3) the Attorney General certifies that the identity of 
     that individual, and if applicable, the authorized agent of 
     that individual, is not fraudulent or otherwise 
     misrepresented; and
       ``(4) the Attorney General determines that the claimant has 
     satisfied the applicable requirements of this Act.
       ``(b) Losses Available to Living Affected Individuals.--
       ``(1) In general.--In the event of a claim qualifying for 
     compensation under subsection (a) that is submitted to the 
     Attorney General to be eligible for compensation under this 
     section at a time when the individual described in subsection 
     (a)(2) is living, the amount of compensation under this 
     section shall be in an amount that is the greater of $50,000 
     or the total amount of compensation for which the individual 
     is eligible under paragraph (2).
       ``(2) Losses due to medical expenses.--A claimant described 
     in paragraph (1) shall be eligible to receive, upon 
     submission of contemporaneous written medical records, 
     reports, or billing statements created by or at the direction 
     of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, additional 
     compensation in the amount of all documented out-of-pocket 
     medical expenses incurred as a result of the specified 
     disease suffered by that claimant, such as any medical 
     expenses not covered, paid for, or reimbursed through--
       ``(A) any public or private health insurance;
       ``(B) any employee health insurance;
       ``(C) any workers' compensation program; or
       ``(D) any other public, private, or employee health program 
     or benefit.
       ``(c) Payments to Beneficiaries of Deceased Individuals.--
     In the event that an individual described in subsection 
     (a)(2) who qualifies for compensation under subsection (a) is 
     deceased at the time of submission of the claim--
       ``(1) a surviving spouse may, upon submission of a claim 
     and records sufficient to satisfy the requirements of 
     subsection (a) with respect to the deceased individual, 
     receive compensation in the amount of $25,000; or
       ``(2) in the event that there is no surviving spouse, the 
     surviving children, minor or otherwise, of the deceased 
     individual may, upon submission of a claim and records 
     sufficient to satisfy the requirements of subsection (a) with 
     respect to the deceased individual, receive compensation in 
     the total amount of $25,000, paid in equal shares to each 
     surviving child.
       ``(d) Affected Area.--For purposes of this section, the 
     term `affected area' means--
       ``(1) in the State of Missouri, the ZIP Codes of 63031, 
     63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 
     63044, 63121, 63140, 63145, 63147, 63102, 63304, 63134, 
     63043, 63341, 63368, and 63367;
       ``(2) in the State of Tennessee, the ZIP Codes of 37732, 
     37755, 37756, 37841, 37847, 37852, 37872, 37892, 37714, 
     37715, 37729, 37757, 37762, 37766, 37769, 37819, 37847, 
     37870, 37719, 37726, 37733, 37748, 37770, 37829, 37845, 
     37849, 37931, 37779, 37807, 37866, 37709, 37721, 37754, 
     37764, 37806, 37853, 37871, 37901, 37902, 37909, 37912, 
     37914, 37915, 37916, 37917, 37918, 37919, 37920, 37921, 
     37922, 37923, 37924, 37927, 37928, 37929, 37930, 37932, 
     37933, 37934, 37938, 37939, 37940, 37950, 37995, 37996, 
     37997, 37998, 37337, 37367, 37723, 37854, 38555, 38557, 
     38558, 38571, 38572, 38574, 38578, 38583, 37763, 37771, 
     37774, 37830, 37840, 37846, 37874, 37321, 37332, 37338, 
     37381, 37742, 37772, 37846, 37322, 37336, and 37880;
       ``(3) in the State of Alaska, the ZIP Codes of 99546 and 
     99547; and
       ``(4) in the State of Kentucky, the ZIP Codes of 42001, 
     42003, and 42086.
       ``(e) Specified Disease.--For purposes of this section, the 
     term `specified disease' means any of the following:
       ``(1) Any leukemia, other than chronic lymphocytic 
     leukemia, provided that the initial exposure occurred after 
     the age of 20 and the onset of the disease was at least 2 
     years after first exposure.
       ``(2) Any of the following diseases, provided that the 
     onset was at least 2 years after the initial exposure:
       ``(A) Multiple myeloma.
       ``(B) Lymphoma, other than Hodgkin's disease.
       ``(C) Primary cancer of the--
       ``(i) thyroid;
       ``(ii) male or female breast;
       ``(iii) esophagus;
       ``(iv) stomach;
       ``(v) pharynx;
       ``(vi) small intestine;
       ``(vii) pancreas;
       ``(viii) bile ducts;
       ``(ix) gall bladder;
       ``(x) salivary gland;
       ``(xi) urinary bladder;
       ``(xii) brain;
       ``(xiii) colon;
       ``(xiv) ovary;
       ``(xv) liver, except if cirrhosis or hepatitis B is 
     indicated; or
       ``(xvi) lung.
       ``(f) Physical Presence.--
       ``(1) In general.--For purposes of this section, the 
     Attorney General shall not determine that a claimant has 
     satisfied the requirements of subsection (a) unless 
     demonstrated by submission of--

[[Page S510]]

       ``(A) contemporaneous written residential documentation and 
     at least 1 additional employer-issued or government-issued 
     document or record that the claimant, for at least 2 years 
     after January 1, 1949, was physically present in an affected 
     area; or
       ``(B) other documentation determined by the Attorney 
     General to demonstrate that the claimant, for at least 2 
     years after January 1, 1949, was physically present in an 
     affected area.
       ``(2) Types of physical presence.--For purposes of 
     determining physical presence under this section, a claimant 
     shall be considered to have been physically present in an 
     affected area if--
       ``(A) the claimant's primary residence was in the affected 
     area;
       ``(B) the claimant's place of employment was in the 
     affected area; or
       ``(C) the claimant attended school in the affected area.
       ``(g) Disease Contraction in Affected Areas.--For purposes 
     of this section, the Attorney General shall not determine 
     that a claimant has satisfied the requirements of subsection 
     (a) unless the claimant submits--
       ``(1) written medical records or reports created by or at 
     the direction of a licensed medical professional, created 
     contemporaneously with the provision of medical care to the 
     claimant, that the claimant, after a period of physical 
     presence in an affected area, contracted a specified disease; 
     or
       ``(2) other documentation determined by the Attorney 
     General to demonstrate that the claimant contracted a 
     specified disease after a period of physical presence in an 
     affected area.''.

     SEC. 4003. COOPERATIVE AGREEMENT.

       (a) In General.--Not later than September 30, 2024, the 
     Secretary of Energy, acting through the Director of the 
     Office of Legacy Management, shall award to an eligible 
     association a cooperative agreement to support the 
     safeguarding of human and ecological health at the Amchitka, 
     Alaska, Site.
       (b) Requirements.--A cooperative agreement awarded under 
     subsection (a)--
       (1) may be used to fund--
       (A) research and development that will improve and focus 
     long-term surveillance and monitoring of the site;
       (B) workforce development at the site; and
       (C) such other activities as the Secretary considers 
     appropriate; and
       (2) shall require that the eligible association--
       (A) engage in stakeholder engagement; and
       (B) to the greatest extent practicable, incorporate 
     Indigenous knowledge and the participation of local Indian 
     Tribes in research and development and workforce development 
     activities.
       (c) Definitions.--In this section:
       (1) Eligible association.--The term ``eligible 
     association'' means an association of 2 or more of the 
     following:
       (A) An institution of higher education (as that term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) located in the State of Alaska.
       (B) An agency of the State of Alaska.
       (C) A local Indian Tribe.
       (D) An organization--
       (i) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from taxation under section 501(a) of 
     such Code; and
       (ii) located in the State of Alaska.
       (2) Local indian tribe.--The term ``local Indian Tribe'' 
     means an Indian tribe (as that term is defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304)) that is located in the Aleut Region of the 
     State of Alaska.

     TITLE II-- COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``Radiation Exposure 
     Compensation Act Amendments of 2024''.

     SEC. 4102. REFERENCES.

       Except as otherwise specifically provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision of 
     law, the reference shall be considered to be made to a 
     section or other provision of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).

     SEC. 4103. EXTENSION OF FUND.

       Section 3(d) is amended--
       (1) by striking the first sentence and inserting ``The Fund 
     shall terminate 19 years after the date of the enactment of 
     the Radiation Exposure Compensation Act Amendments of 
     2024.''; and
       (2) by striking ``2-year'' and inserting ``19-year''.

     SEC. 4104. CLAIMS RELATING TO ATMOSPHERIC TESTING.

       (a) Leukemia Claims Relating to Trinity Test in New Mexico 
     and Tests at the Nevada Site and in the Pacific.--Section 
     4(a)(1)(A) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``October 31, 1958'' and 
     inserting ``November 6, 1962'';
       (B) in subclause (II)--
       (i) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (ii) by striking ``or'' after the semicolon;
       (C) by redesignating subclause (III) as subclause (V); and
       (D) by inserting after subclause (II) the following:
       ``(III) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     September 24, 1944, and ending on November 6, 1962;
       ``(IV) was physically present in an affected area--

       ``(aa) for a period of at least 1 year during the period 
     beginning on July 1, 1946, and ending on November 6, 1962; or
       ``(bb) for the period beginning on April 25, 1962, and 
     ending on November 6, 1962; or''; and

       (2) in clause (ii)(I), by striking ``physical presence 
     described in subclause (I) or (II) of clause (i) or onsite 
     participation described in clause (i)(III)'' and inserting 
     ``physical presence described in subclause (I), (II), (III), 
     or (IV) of clause (i) or onsite participation described in 
     clause (i)(V)''.
       (b) Amounts for Claims Related to Leukemia.--Section 
     4(a)(1) is amended--
       (1) in subparagraph (A), by striking ``an amount'' and 
     inserting ``the amount''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Amount.--If the conditions described in subparagraph 
     (C) are met, an individual who is described in subparagraph 
     (A) shall receive $150,000.''.
       (c) Conditions for Claims Related to Leukemia.--Section 
     4(a)(1)(C) is amended--
       (1) by striking clause (i); and
       (2) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively.
       (d) Specified Diseases Claims Relating to Trinity Test in 
     New Mexico and Tests at the Nevada Site and in the Pacific.--
     Section 4(a)(2) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``in the affected area'' and inserting ``in 
     an affected area'';
       (B) by striking ``2 years'' and inserting ``1 year''; and
       (C) by striking ``October 31, 1958'' and inserting 
     ``November 6, 1962'';
       (2) in subparagraph (B)--
       (A) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (4) by inserting after subparagraph (B) the following:
       ``(C) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     September 24, 1944, and ending on November 6, 1962;
       ``(D) was physically present in an affected area--
       ``(i) for a period of at least 1 year during the period 
     beginning on July 1, 1946, and ending on November 6, 1962; or
       ``(ii) for the period beginning on April 25, 1962, and 
     ending on November 6, 1962; or''.
       (e) Amounts for Claims Related to Specified Diseases.--
     Section 4(a)(2) is amended in the matter following 
     subparagraph (E) (as redesignated by subsection (d) of this 
     section) by striking ``$50,000 (in the case of an individual 
     described in subparagraph (A) or (B)) or $75,000 (in the case 
     of an individual described in subparagraph (C)),'' and 
     inserting ``$150,000''.
       (f) Medical Benefits.--Section 4(a) is amended by adding at 
     the end the following:
       ``(5) Medical benefits.--An individual receiving a payment 
     under this section shall be eligible to receive medical 
     benefits in the same manner and to the same extent as an 
     individual eligible to receive medical benefits under section 
     3629 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7384t).''.
       (g) Downwind States.--Section 4(b)(1) is amended to read as 
     follows:
       ``(1) `affected area' means--
       ``(A) except as provided under subparagraphs (B) and (C), 
     Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, 
     and Guam;
       ``(B) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only 
     New Mexico; and
       ``(C) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only 
     Guam.''.
       (h) Chronic Lymphocytic Leukemia as a Specified Disease.--
     Section 4(b)(2) is amended by striking ``other than chronic 
     lymphocytic leukemia'' and inserting ``including chronic 
     lymphocytic leukemia''.

     SEC. 4105. CLAIMS RELATING TO URANIUM MINING.

       (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is 
     amended--
       (1) by inserting ``(I)'' after ``(i)'';
       (2) by striking ``December 31, 1971; and'' and inserting 
     ``December 31, 1990; or''; and
       (3) by adding at the end the following:
       ``(II) was employed as a core driller in a State referred 
     to in subclause (I) during the period described in such 
     subclause; and''.
       (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by 
     inserting ``or renal cancer or any other chronic renal 
     disease, including nephritis and kidney tubal tissue injury'' 
     after ``nonmalignant respiratory disease''.
       (c) Millers, Core Drillers, and Ore Transporters.--Section 
     5(a)(1)(A)(ii)(II) is amended--
       (1) by inserting ``, core driller,'' after ``was a 
     miller'';
       (2) by inserting ``, or was involved in remediation efforts 
     at such a uranium mine or uranium mill,'' after ``ore 
     transporter'';
       (3) by inserting ``(I)'' after ``clause (i)''; and
       (4) by striking all that follows ``nonmalignant respiratory 
     disease'' and inserting ``or renal cancer or any other 
     chronic renal disease, including nephritis and kidney tubal 
     tissue injury; or''.
       (d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is 
     further amended--
       (1) by striking ``or'' at the end of subclause (I); and

[[Page S511]]

       (2) by adding at the end the following:
       ``(III)(aa) does not meet the conditions of subclause (I) 
     or (II);
       ``(bb) worked, during the period described in clause 
     (i)(I), in two or more of the following positions: miner, 
     miller, core driller, and ore transporter;
       ``(cc) meets the requirements of paragraph (4) or (5), or 
     both; and
       ``(dd) submits written medical documentation that the 
     individual developed lung cancer or a nonmalignant 
     respiratory disease or renal cancer or any other chronic 
     renal disease, including nephritis and kidney tubal tissue 
     injury after exposure to radiation through work in one or 
     more of the positions referred to in item (bb);''.
       (e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) 
     is amended by striking ``December 31, 1971'' and inserting 
     ``December 31, 1990''.
       (f) Special Rules Relating to Combined Work Histories.--
     Section 5(a) is amended by adding at the end the following:
       ``(4) Special rule relating to combined work histories for 
     individuals with at least one year of experience.--An 
     individual meets the requirements of this paragraph if the 
     individual worked in one or more of the positions referred to 
     in paragraph (1)(A)(ii)(III)(bb) for a period of at least one 
     year during the period described in paragraph (1)(A)(i)(I).
       ``(5) Special rule relating to combined work histories for 
     miners.--An individual meets the requirements of this 
     paragraph if the individual, during the period described in 
     paragraph (1)(A)(i)(I), worked as a miner and was exposed to 
     such number of working level months that the Attorney General 
     determines, when combined with the exposure of such 
     individual to radiation through work as a miller, core 
     driller, or ore transporter during the period described in 
     paragraph (1)(A)(i)(I), results in such individual being 
     exposed to a total level of radiation that is greater or 
     equal to the level of exposure of an individual described in 
     paragraph (4).''.
       (g) Definition of Core Driller.--Section 5(b) is amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `core driller' means any individual employed 
     to engage in the act or process of obtaining cylindrical rock 
     samples of uranium or vanadium by means of a borehole 
     drilling machine for the purpose of mining uranium or 
     vanadium.''.

     SEC. 4106. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF 
                   CLAIMS; REGULATIONS.

       (a) Affidavits.--Section 6(b) is amended by adding at the 
     end the following:
       ``(3) Affidavits.--
       ``(A) Employment history.--For purposes of this Act, the 
     Attorney General shall accept a written affidavit or 
     declaration as evidence to substantiate the employment 
     history of an individual as a miner, miller, core driller, or 
     ore transporter if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the employment history of the 
     individual;
       ``(ii) attests to the employment history of the individual;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.
       ``(B) Physical presence in affected area.--For purposes of 
     this Act, the Attorney General shall accept a written 
     affidavit or declaration as evidence to substantiate an 
     individual's physical presence in an affected area during a 
     period described in section 4(a)(1)(A)(i) or section 4(a)(2) 
     if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the individual's presence in an affected 
     area during that time period;
       ``(ii) attests to the individual's presence in an affected 
     area during that period;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.
       ``(C) Participation at testing site.--For purposes of this 
     Act, the Attorney General shall accept a written affidavit or 
     declaration as evidence to substantiate an individual's 
     participation onsite in a test involving the atmospheric 
     detonation of a nuclear device if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the individual's participation onsite in 
     a test involving the atmospheric detonation of a nuclear 
     device;
       ``(ii) attests to the individual's participation onsite in 
     a test involving the atmospheric detonation of a nuclear 
     device;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.''.
       (b) Technical and Conforming Amendments.--Section 6 is 
     amended--
       (1) in subsection (b)(2)(C), by striking ``section 
     4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' 
     and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), 
     (a)(2)(C), or (a)(2)(D) of section 4''; and
       (ii) in clause (i), by striking ``subsection (a)(1), 
     (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
     ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 
     (a)(2)(D) of section 4''; and
       (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' 
     and inserting ``section 4(a)(2)(E)''; and
       (3) in subsection (e), by striking ``subsection (a)(1), 
     (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
     ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 
     (a)(2)(D) of section 4''.
       (c) Regulations.--
       (1) In general.--Section 6(k) is amended by adding at the 
     end the following: ``Not later than 180 days after the date 
     of enactment of the Radiation Exposure Compensation Act 
     Amendments of 2024, the Attorney General shall issue revised 
     regulations to carry out this Act.''.
       (2) Considerations in revisions.--In issuing revised 
     regulations under section 6(k) of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), 
     as amended under paragraph (1), the Attorney General shall 
     ensure that procedures with respect to the submission and 
     processing of claims under such Act take into account and 
     make allowances for the law, tradition, and customs of Indian 
     tribes, including by accepting as a record of proof of 
     physical presence for a claimant a grazing permit, a homesite 
     lease, a record of being a holder of a post office box, a 
     letter from an elected leader of an Indian tribe, or a record 
     of any recognized tribal association or organization.

     SEC. 4107. LIMITATION ON CLAIMS.

       (a) Extension of Filing Time.--Section 8(a) is amended--
       (1) by striking ``2 years'' and inserting ``19 years''; and
       (2) by striking ``2022'' and inserting ``2023''.
       (b) Resubmittal of Claims.--Section 8(b) is amended to read 
     as follows:
       ``(b) Resubmittal of Claims.--
       ``(1) Denied claims.--After the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024, any 
     claimant who has been denied compensation under this Act may 
     resubmit a claim for consideration by the Attorney General in 
     accordance with this Act not more than three times. Any 
     resubmittal made before the date of the enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024 shall 
     not be applied to the limitation under the preceding 
     sentence.
       ``(2) Previously successful claims.--
       ``(A) In general.--After the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024, any 
     claimant who received compensation under this Act may submit 
     a request to the Attorney General for additional compensation 
     and benefits. Such request shall contain--
       ``(i) the claimant's name, social security number, and date 
     of birth;
       ``(ii) the amount of award received under this Act before 
     the date of enactment of the Radiation Exposure Compensation 
     Act Amendments of 2024;
       ``(iii) any additional benefits and compensation sought 
     through such request; and
       ``(iv) any additional information required by the Attorney 
     General.
       ``(B) Additional compensation.--If the claimant received 
     compensation under this Act before the date of enactment of 
     the Radiation Exposure Compensation Act Amendments of 2024 
     and submits a request under subparagraph (A), the Attorney 
     General shall--
       ``(i) pay the claimant the amount that is equal to any 
     excess of--

       ``(I) the amount the claimant is eligible to receive under 
     this Act (as amended by the Radiation Exposure Compensation 
     Act Amendments of 2024); minus
       ``(II) the aggregate amount paid to the claimant under this 
     Act before the date of enactment of the Radiation Exposure 
     Compensation Act Amendments of 2024; and

       ``(ii) in any case in which the claimant was compensated 
     under section 4, provide the claimant with medical benefits 
     under section 4(a)(5).''.

     SEC. 4108. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF 
                   URANIUM MINING AND MILLING.

       (a) Definitions.--In this section--
       (1) the term ``institution of higher education'' has the 
     meaning given under section 101 of the Higher Education Act 
     of 1965 (20 U.S.C. 1001);
       (2) the term ``program'' means the grant program 
     established under subsection (b); and
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (b) Establishment.--The Secretary shall establish a grant 
     program relating to the epidemiological impacts of uranium 
     mining and milling. Grants awarded under the program shall be 
     used for the study of the epidemiological impacts of uranium 
     mining and milling among non-occupationally exposed 
     individuals, including family members of uranium miners and 
     millers.
       (c) Administration.--The Secretary shall administer the 
     program through the National Institute of Environmental 
     Health Sciences.
       (d) Eligibility and Application.--Any institution of higher 
     education or nonprofit private entity shall be eligible to 
     apply for a grant. To apply for a grant an eligible 
     institution or entity shall submit to the Secretary an 
     application at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may 
     reasonably require.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page S512]]

     carry out this section $3,000,000 for each of fiscal years 
     2024 through 2026.

     SEC. 4109. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) Covered Employees With Cancer.--Section 3621(9) of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A) An individual with a specified cancer who is a member 
     of the Special Exposure Cohort, if and only if--
       ``(i) that individual contracted that specified cancer 
     after beginning employment at a Department of Energy facility 
     (in the case of a Department of Energy employee or Department 
     of Energy contractor employee) or at an atomic weapons 
     employer facility (in the case of an atomic weapons 
     employee); or
       ``(ii) that individual--

       ``(I) contracted that specified cancer after beginning 
     employment in a uranium mine or uranium mill described under 
     section 5(a)(1)(A)(i) of the Radiation Exposure Compensation 
     Act (42 U.S.C. 2210 note) (including any individual who was 
     employed in core drilling or the transport of uranium ore or 
     vanadium-uranium ore from such mine or mill) located in 
     Colorado, New Mexico, Arizona, Wyoming, South Dakota, 
     Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any 
     State the Attorney General makes a determination under 
     section 5(a)(2) of that Act for inclusion of eligibility 
     under section 5(a)(1) of that Act; and
       ``(II) was employed in a uranium mine or uranium mill 
     described under subclause (I) (including any individual who 
     was employed in core drilling or the transport of uranium ore 
     or vanadium-uranium ore from such mine or mill) at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990.''.

       (b) Members of Special Exposure Cohort.--Section 3626 of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384q) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) The Advisory Board on Radiation and Worker Health 
     under section 3624 shall advise the President whether there 
     is a class of employees--
       ``(A) at any Department of Energy facility who likely were 
     exposed to radiation at that facility but for whom it is not 
     feasible to estimate with sufficient accuracy the radiation 
     dose they received; and
       ``(B) employed in a uranium mine or uranium mill described 
     under section 5(a)(1)(A)(i) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) (including any 
     individual who was employed in core drilling or the transport 
     of uranium ore or vanadium-uranium ore from such mine or 
     mill) located in Colorado, New Mexico, Arizona, Wyoming, 
     South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, 
     Texas, and any State the Attorney General makes a 
     determination under section 5(a)(2) of that Act for inclusion 
     of eligibility under section 5(a)(1) of that Act, at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990, who likely were exposed to radiation at 
     that mine or mill but for whom it is not feasible to estimate 
     with sufficient accuracy the radiation dose they received.''; 
     and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Designation of Additional Members.--
       ``(1) Subject to the provisions of section 3621(14)(C), the 
     members of a class of employees at a Department of Energy 
     facility, or at an atomic weapons employer facility, may be 
     treated as members of the Special Exposure Cohort for 
     purposes of the compensation program if the President, upon 
     recommendation of the Advisory Board on Radiation and Worker 
     Health, determines that--
       ``(A) it is not feasible to estimate with sufficient 
     accuracy the radiation dose that the class received; and
       ``(B) there is a reasonable likelihood that such radiation 
     dose may have endangered the health of members of the class.
       ``(2) Subject to the provisions of section 3621(14)(C), the 
     members of a class of employees employed in a uranium mine or 
     uranium mill described under section 5(a)(1)(A)(i) of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) 
     (including any individual who was employed in core drilling 
     or the transport of uranium ore or vanadium-uranium ore from 
     such mine or mill) located in Colorado, New Mexico, Arizona, 
     Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, 
     Oregon, Texas, and any State the Attorney General makes a 
     determination under section 5(a)(2) of that Act for inclusion 
     of eligibility under section 5(a)(1) of that Act, at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990, may be treated as members of the Special 
     Exposure Cohort for purposes of the compensation program if 
     the President, upon recommendation of the Advisory Board on 
     Radiation and Worker Health, determines that--
       ``(A) it is not feasible to estimate with sufficient 
     accuracy the radiation dose that the class received; and
       ``(B) there is a reasonable likelihood that such radiation 
     dose may have endangered the health of members of the 
     class.''.
                                 ______
                                 
  SA 1409. Mr. RISCH (for himself, Mr. Manchin, Mr. Barrasso, Mr. 
Cardin, Mr. Boozman, Ms. Hirono, Mr. Wicker, Mr. Reed, Ms. Murkowski, 
Mr. Wyden, Mr. Hagerty, Mr. Schatz, Mr. Moran, Ms. Ernst, Ms. 
Duckworth, and Mrs. Gillibrand) submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

           DIVISION C--AMENDING COMPACTS OF FREE ASSOCIATION

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Compact of Free 
     Association Amendments Act of 2024''.

     SEC. 4002. FINDINGS.

       Congress finds the following:
       (1) The United States (in accordance with the Trusteeship 
     Agreement for the Trust Territory of the Pacific Islands, the 
     United Nations Charter, and the objectives of the 
     international trusteeship system of the United Nations) 
     fulfilled its obligations to promote the development of the 
     people of the Trust Territory toward self-government or 
     independence, as appropriate, to the particular circumstances 
     of the Trust Territory and the people of the Trust Territory 
     and the freely expressed wishes of the people concerned.
       (2) The United States, the Federated States of Micronesia, 
     and the Republic of the Marshall Islands entered into the 
     Compact of Free Association set forth in section 201 of the 
     Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; 
     Public Law 99-239) and the United States and the Republic of 
     Palau entered into the Compact of Free Association set forth 
     in section 201 of Public Law 99-658 (48 U.S.C. 1931 note) to 
     create and maintain a close and mutually beneficial 
     relationship.
       (3) The ``Compact of Free Association, as amended, between 
     the Government of the United States of America and the 
     Government of the Federated States of Micronesia'', the 
     ``Compact of Free Association, as amended, between the 
     Government of the United States of America and the Government 
     of the Republic of the Marshall Islands'', and related 
     agreements were signed by the Government of the United States 
     and the Governments of the Federated States of Micronesia and 
     the Republic of the Marshall Islands and approved, as 
     applicable, by section 201 of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108-
     188).
       (4) The ``Agreement between the Government of the United 
     States of America and the Government of the Republic of Palau 
     Following the Compact of Free Association Section 432 
     Review'', was signed by the Government of the United States 
     and the Government of the Republic of Palau on September 3, 
     2010, and amended on September 19, 2018.
       (5) On May 22, 2023, the United States signed the 
     ``Agreement between the Government of the United States of 
     America and the Government of the Republic of Palau Resulting 
     From the 2023 Compact of Free Association Section 432 
     Review''.
       (6) On May 23, 2023, the United States signed 3 agreements 
     related to the U.S.-FSM Compact of Free Association, 
     including an Agreement to Amend the Compact, as amended, a 
     new fiscal procedures agreement, and a new trust fund 
     agreement and on September 28, 2023, the United States signed 
     a Federal Programs and Services agreement related to the 
     U.S.-FSM Compact of Free Association.
       (7) On October 16, 2023, the United States signed 3 
     agreements relating to the U.S.-RMI Compact of Free 
     Association, including an Agreement to Amend the Compact, as 
     amended, a new fiscal procedures agreement, and a new trust 
     fund agreement.

     SEC. 4003. DEFINITIONS.

       In this division:
       (1) 1986 compact.--The term ``1986 Compact'' means the 
     Compact of Free Association between the Government of the 
     United States and the Governments of the Marshall Islands and 
     the Federated States of Micronesia set forth in section 201 
     of the Compact of Free Association Act of 1985 (48 U.S.C. 
     1901 note; Public Law 99-239).
       (2) 2003 amended u.s.-fsm compact.--The term ``2003 Amended 
     U.S.-FSM Compact'' means the Compact of Free Association 
     amending the 1986 Compact entitled the ``Compact of Free 
     Association, as amended, between the Government of the United 
     States of America and the Government of the Federated States 
     of Micronesia'' set forth in section 201(a) of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; 
     Public Law 108-188).
       (3) 2003 amended u.s.-rmi compact.--The term ``2003 Amended 
     U.S.-RMI Compact'' means the Compact of Free Association 
     amending the 1986 Compact entitled ``Compact of Free 
     Association, as amended, between the Government of the United 
     States of America and the Government of the Republic of the 
     Marshall Islands'' set forth in section 201(b) of the Compact 
     of Free Association Amendments Act of 2003 (48 U.S.C. 1921 
     note; Public Law 108-188).

[[Page S513]]

       (4) 2023 agreement to amend the u.s.-fsm compact.--The term 
     ``2023 Agreement to Amend the U.S.-FSM Compact'' means the 
     Agreement between the Government of the United States of 
     America and the Government of the Federated States of 
     Micronesia to Amend the Compact of Free Association, as 
     Amended, done at Palikir May 23, 2023.
       (5) 2023 agreement to amend the u.s.-rmi compact.--The term 
     ``2023 Agreement to Amend the U.S.-RMI Compact'' means the 
     Agreement between the Government of the United States of 
     America and the Government of the Republic of the Marshall 
     Islands to Amend the Compact of Free Association, as Amended, 
     done at Honolulu October 16, 2023.
       (6) 2023 amended u.s.-fsm compact.--The term ``2023 Amended 
     U.S.-FSM Compact'' means the 2003 Amended U.S.-FSM Compact, 
     as amended by the 2023 Agreement to Amend the U.S.-FSM 
     Compact.
       (7) 2023 amended u.s.-rmi compact.--The term ``2023 Amended 
     U.S.-RMI Compact'' means the 2003 Amended U.S.-RMI Compact, 
     as amended by the 2023 Agreement to Amend the U.S.-RMI 
     Compact.
       (8) 2023 u.s.-fsm federal programs and services 
     agreement.--The term ``2023 U.S.-FSM Federal Programs and 
     Services Agreement'' means the 2023 Federal Programs and 
     Services Agreement between the Government of the United 
     States of America and the Government of the Federated States 
     of Micronesia, done at Washington September 28, 2023.
       (9) 2023 u.s.-fsm fiscal procedures agreement.--The term 
     ``2023 U.S.-FSM Fiscal Procedures Agreement'' means the 
     Agreement Concerning Procedures for the Implementation of 
     United States Economic Assistance provided in the 2023 
     Amended U.S.-FSM Compact between the Government of the United 
     States of America and the Government of the Federated States 
     of Micronesia, done at Palikir May 23, 2023.
       (10) 2023 u.s.-fsm trust fund agreement.--The term ``2023 
     U.S.-FSM Trust Fund Agreement'' means the Agreement between 
     the Government of the United States of America and the 
     Government of the Federated States of Micronesia Regarding 
     the Compact Trust Fund, done at Palikir May 23, 2023.
       (11) 2023 u.s.-palau compact review agreement.--The term 
     ``2023 U.S.-Palau Compact Review Agreement'' means the 
     Agreement between the Government of the United States of 
     America and the Government of the Republic of Palau Resulting 
     From the 2023 Compact of Free Association Section 432 Review, 
     done at Port Moresby May 22, 2023.
       (12) 2023 u.s.-rmi fiscal procedures agreement.--The term 
     ``2023 U.S.-RMI Fiscal Procedures Agreement'' means the 
     Agreement Concerning Procedures for the Implementation of 
     United States Economic Assistance Provided in the 2023 
     Amended Compact Between the Government of the United States 
     of America and the Government of the Republic of the Marshall 
     Islands, done at Honolulu October 16, 2023.
       (13) 2023 u.s.-rmi trust fund agreement.--The term ``2023 
     U.S.-RMI Trust Fund Agreement'' means the Agreement between 
     the Government of the United States of America and the 
     Government of the Republic of the Marshall Islands Regarding 
     the Compact Trust Fund, done at Honolulu October 16, 2023.
       (14) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Energy and Natural Resources of the 
     Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Natural Resources of the House of 
     Representatives; and
       (D) the Committee on Foreign Affairs of the House of 
     Representatives.
       (15) Freely associated states.--The term ``Freely 
     Associated States'' means--
       (A) the Federated States of Micronesia;
       (B) the Republic of the Marshall Islands; and
       (C) the Republic of Palau.
       (16) Subsidiary agreement.--The term ``subsidiary 
     agreement'' means any of the following:
       (A) The 2023 U.S.-FSM Federal Programs and Services 
     Agreement.
       (B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
       (C) The 2023 U.S.-FSM Trust Fund Agreement.
       (D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
       (E) The 2023 U.S.-RMI Trust Fund Agreement.
       (F) Any Federal Programs and Services Agreement in force 
     between the United States and the Republic of the Marshall 
     Islands.
       (G) Any Federal Programs and Services Agreement in force 
     between the United States and the Republic of Palau.
       (H) Any other agreement that the United States may from 
     time-to-time enter into with the Government of the Federated 
     States of Micronesia, the Government of the Republic of 
     Palau, or the Government of the Republic of the Marshall 
     Islands, in accordance with--
       (i) the 2023 Amended U.S.-FSM Compact;
       (ii) the 2023 U.S.-Palau Compact Review Agreement; or
       (iii) the 2023 Amended U.S.-RMI Compact.
       (17) U.S.-palau compact.--The term ``U.S.-Palau Compact'' 
     means the Compact of Free Association between the United 
     States and the Government of Palau set forth in section 201 
     of Public Law 99-658 (48 U.S.C. 1931 note).

     SEC. 4004. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM 
                   COMPACT, 2023 AGREEMENT TO AMEND THE U.S.-RMI 
                   COMPACT, 2023 U.S.-PALAU COMPACT REVIEW 
                   AGREEMENT, AND SUBSIDIARY AGREEMENTS.

       (a) Federated States of Micronesia.--
       (1) Approval.--The 2023 Agreement to Amend the U.S.-FSM 
     Compact and the 2023 U.S.-FSM Trust Fund Agreement, as 
     submitted to Congress on June 15, 2023, are approved and 
     incorporated by reference.
       (2) Consent of congress.--Congress consents to--
       (A) the 2023 U.S.-FSM Fiscal Procedures Agreement, as 
     submitted to Congress on June 15, 2023; and
       (B) the 2023 U.S.-FSM Federal Programs and Services 
     Agreement.
       (3) Authority of president.--Notwithstanding section 101(f) 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921(f)), the President is authorized to bring into 
     force and implement the agreements described in paragraphs 
     (1) and (2).
       (b) Republic of the Marshall Islands.--
       (1) Approval.--The 2023 Agreement to Amend the U.S.-RMI 
     Compact and the 2023 U.S.-RMI Trust Fund Agreement, as 
     submitted to Congress on October 17, 2023, are approved and 
     incorporated by reference.
       (2) Consent of congress.--Congress consents to the 2023 
     U.S.-RMI Fiscal Procedures Agreement, as submitted to 
     Congress on October 17, 2023.
       (3) Authority of president.--Notwithstanding section 101(f) 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921(f)), the President is authorized to bring into 
     force and implement the agreements described in paragraphs 
     (1) and (2).
       (c) Republic of Palau.--
       (1) Approval.--The 2023 U.S.-Palau Compact Review 
     Agreement, as submitted to Congress on June 15, 2023, is 
     approved.
       (2) Authority of president.--The President is authorized to 
     bring into force and implement the 2023 U.S.-Palau Compact 
     Review Agreement.
       (d) Amendments, Changes, or Termination to Compacts and 
     Certain Agreements.--
       (1) In general.--Any amendment to, change to, or 
     termination of all or any part of the 2023 Amended U.S.-FSM 
     Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau 
     Compact, by mutual agreement or unilateral action of the 
     Government of the United States, shall not enter into force 
     until the date on which Congress has incorporated the 
     applicable amendment, change, or termination into an Act of 
     Congress.
       (2) Additional actions and agreements.--In addition to the 
     Compacts described in paragraph (1), the requirements of that 
     paragraph shall apply to--
       (A) any action of the Government of the United States under 
     the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI 
     Compact, or U.S.-Palau Compact, including an action taken 
     pursuant to section 431, 441, or 442 of the 2023 Amended 
     U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or U.S.-
     Palau Compact; and
       (B) any amendment to, change to, or termination of--
       (i) the agreement described in section 462(a)(2) of the 
     2023 Amended U.S.-FSM Compact;
       (ii) the agreement described in section 462(a)(5) of the 
     2023 Amended U.S.-RMI Compact;
       (iii) an agreement concluded pursuant to section 265 of the 
     2023 Amended U.S.-FSM Compact;
       (iv) an agreement concluded pursuant to section 265 of the 
     2023 Amended U.S.-RMI Compact;
       (v) an agreement concluded pursuant to section 177 of the 
     2023 Amended U.S.-RMI Compact;
       (vi) Articles III and IV of the agreement described in 
     section 462(b)(6) of the 2023 Amended U.S.-FSM Compact;
       (vii) Articles III, IV, and X of the agreement described in 
     section 462(b)(6) of the 2023 Amended U.S.-RMI Compact;
       (viii) the agreement described in section 462(h) of the 
     U.S.-Palau Compact; and
       (ix) Articles VI, XV, and XVII of the agreement described 
     in section 462(b)(7) of the 2023 Amended U.S.-FSM Compact and 
     2023 Amended U.S.-RMI Compact and section 462(i) of the U.S.-
     Palau Compact.
       (e) Entry Into Force of Future Amendments to Subsidiary 
     Agreements.--An agreement between the United States and the 
     Government of the Federated States of Micronesia, the 
     Government of the Republic of the Marshall Islands, or the 
     Government of the Republic of Palau that would amend, change, 
     or terminate any subsidiary agreement or portion of a 
     subsidiary agreement (other than an amendment to, change to, 
     or termination of an agreement described in subsection (d)) 
     shall not enter into force until the date that is 90 days 
     after the date on which the President has transmitted to the 
     President of the Senate and the Speaker of the House of 
     Representatives--
       (1) the agreement to amend, change, or terminate the 
     subsidiary agreement;
       (2) an explanation of the amendment, change, or 
     termination;
       (3) a description of the reasons for the amendment, change, 
     or termination; and
       (4) in the case of an agreement that would amend, change, 
     or terminate any agreement described in section 462(b)(3) of 
     the 2023 Amended U.S.-FSM Compact or the 2023 Amended U.S.-
     RMI Compact, a statement by the Secretary of Labor that 
     describes--

[[Page S514]]

       (A) the necessity of the amendment, change, or termination; 
     and
       (B) any impacts of the amendment, change, or termination.

     SEC. 4005. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.

       (a) Law Enforcement Assistance.--
       (1) In general.--Pursuant to sections 222 and 224 of the 
     2023 Amended U.S.-FSM Compact, the United States shall 
     provide nonreimbursable technical and training assistance, as 
     appropriate, including training and equipment for postal 
     inspection of illicit drugs and other contraband, to enable 
     the Government of the Federated States of Micronesia--
       (A) to develop and adequately enforce laws of the Federated 
     States of Micronesia; and
       (B) to cooperate with the United States in the enforcement 
     of criminal laws of the United States.
       (2) Use of appropriated funds.--Funds appropriated pursuant 
     to subsection (j) of section 105 of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921d) (as 
     amended by section 4009(j)) may be used in accordance with 
     section 102(a) of the Compact of Free Association Amendments 
     Act of 2003 (48 U.S.C. 1921a(a)).
       (b) United States Appointees to Joint Economic Management 
     Committee.--
       (1) In general.--The 3 United States appointees (which are 
     composed of the United States chair and 2 other members from 
     the Government of the United States) to the Joint Economic 
     Management Committee established under section 213 of the 
     2023 Amended U.S.-FSM Compact (referred to in this subsection 
     as the ``Committee'') shall--
       (A) be voting members of the Committee; and
       (B) continue to be officers or employees of the Federal 
     Government.
       (2) Term; appointment.--The 3 United States members of the 
     Committee described in paragraph (1) shall be appointed for a 
     term of 2 years as follows:
       (A) 1 member shall be appointed by the Secretary of State, 
     in consultation with the Secretary of the Treasury.
       (B) 1 member shall be appointed by the Secretary of the 
     Interior, in consultation with the Secretary of the Treasury.
       (C) 1 member shall be appointed by the Interagency Group on 
     Freely Associated States established under section 
     4008(d)(1).
       (3) Reappointment.--A United States member of the Committee 
     appointed under paragraph (2) may be reappointed for not more 
     than 2 additional 2-year terms.
       (4) Qualifications.--Not fewer than 2 United States members 
     of the Committee appointed under paragraph (2) shall be 
     individuals who--
       (A) by reason of knowledge, experience, or training, are 
     especially qualified in accounting, auditing, budget 
     analysis, compliance, grant administration, program 
     management, or international economics; and
       (B) possess not less than 5 years of full-time experience 
     in accounting, auditing, budget analysis, compliance, grant 
     administration, program management, or international 
     economics.
       (5) Notice.--
       (A) In general.--Not later than 90 days after the date of 
     appointment of a United States member of the Committee under 
     paragraph (2), the Secretary of the Interior shall notify the 
     appropriate committees of Congress that an individual has 
     been appointed as a voting member of the Committee under that 
     paragraph, including a statement prepared by the Secretary of 
     the Interior attesting to the qualifications of the member 
     described in paragraph (4), subject to subparagraph (B).
       (B) Requirement.--For purposes of a statement required 
     under subparagraph (A)--
       (i) in the case of a member appointed under paragraph 
     (2)(A), the Secretary of the Interior shall compile 
     information on the member provided to the Secretary of the 
     Interior by the Secretary of State on request of the 
     Secretary of the Interior; and
       (ii) in the case of a member appointed under paragraph 
     (2)(C), the Secretary of the Interior shall compile 
     information on the member provided to the Secretary of the 
     Interior by the Interagency Group on Freely Associated States 
     established under section 4008(d)(1) on request of the 
     Secretary of the Interior.
       (6) Reports to congress.--Not later than 90 days after the 
     date on which the Committee receives or completes any report 
     required under the 2023 Amended U.S.-FSM Compact, or any 
     related subsidiary agreement, the Secretary of the Interior 
     shall submit the report to the appropriate committees of 
     Congress.
       (7) Notice to congress.--Not later than 90 days after the 
     date on which the Government of the Federated States of 
     Micronesia submits to the Committee a report required under 
     the 2023 Amended U.S.-FSM Compact, or any related subsidiary 
     agreement, the Secretary of the Interior shall submit to the 
     appropriate committees of Congress--
       (A) if the report is submitted by the applicable deadline, 
     written notice attesting that the report is complete and 
     accurate; or
       (B) if the report is not submitted by the applicable 
     deadline, written notice that the report has not been timely 
     submitted.
       (c) United States Appointees to Joint Trust Fund 
     Committee.--
       (1) In general.--The 3 United States voting members (which 
     are composed of the United States chair and 2 other members 
     from the Government of the United States) to the Joint Trust 
     Fund Committee established pursuant to the agreement 
     described in section 462(b)(5) of the 2023 Amended U.S.-FSM 
     Compact (referred to in this subsection as the ``Committee'') 
     shall continue to be officers or employees of the Federal 
     Government.
       (2) Term; appointment.--The 3 United States members of the 
     Committee described in paragraph (1) shall be appointed for a 
     term not more than 2 years as follows:
       (A) 1 member shall be appointed by the Secretary of State.
       (B) 1 member shall be appointed by the Secretary of the 
     Interior.
       (C) 1 member shall be appointed by the Secretary of the 
     Treasury.
       (3) Reappointment.--A United States member of the Committee 
     appointed under paragraph (2) may be reappointed for not more 
     than 2 additional 2-year terms.
       (4) Qualifications.--Not fewer than 2 members of the 
     Committee appointed under paragraph (2) shall be individuals 
     who--
       (A) by reason of knowledge, experience, or training, are 
     especially qualified in accounting, auditing, budget 
     analysis, compliance, financial investment, grant 
     administration, program management, or international 
     economics; and
       (B) possess not less than 5 years of full-time experience 
     in accounting, auditing, budget analysis, compliance, 
     financial investment, grant administration, program 
     management, or international economics.
       (5) Notice.--
       (A) In general.--Not later than 90 days after the date of 
     appointment of a United States member to the Committee under 
     paragraph (2), the Secretary of the Interior shall notify the 
     appropriate committees of Congress that an individual has 
     been appointed as a voting member of the Committee under that 
     paragraph, including a statement attesting to the 
     qualifications of the member described in paragraph (4), 
     subject to subparagraph (B).
       (B) Requirement.--For purposes of a statement required 
     under subparagraph (A)--
       (i) in the case of a member appointed under paragraph 
     (2)(A), the Secretary of the Interior shall compile 
     information on the member provided to the Secretary of the 
     Interior by the Secretary of State on request of the 
     Secretary of the Interior; and
       (ii) in the case of a member appointed under paragraph 
     (2)(C), the Secretary of the Interior shall compile 
     information on the member provided to the Secretary of the 
     Interior by the Secretary of the Treasury on request of the 
     Secretary of the Interior.
       (6) Reports to congress.--Not later than 90 days after the 
     date on which the Committee receives or completes any report 
     required under the 2023 Amended U.S.-FSM Compact, or any 
     related subsidiary agreement, the Secretary of the Interior 
     shall submit the report to the appropriate committees of 
     Congress.
       (7) Notice to congress.--Not later than 90 days after the 
     date on which the Government of the Federated States of 
     Micronesia submits to the Committee a report required under 
     the 2023 Amended U.S.-FSM Compact, or any related subsidiary 
     agreement, the Secretary of the Interior shall submit to the 
     appropriate committees of Congress--
       (A) if the report is submitted by the applicable deadline, 
     written notice attesting that the report is complete and 
     accurate; or
       (B) if the report is not submitted by the applicable 
     deadline, written notice that the report has not been timely 
     submitted.

     SEC. 4006. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO 
                   THE REPUBLIC OF THE MARSHALL ISLANDS.

       (a) Law Enforcement Assistance.--
       (1) In general.--Pursuant to sections 222 and 224 of the 
     2023 Amended U.S.-RMI Compact, the United States shall 
     provide nonreimbursable technical and training assistance, as 
     appropriate, including training and equipment for postal 
     inspection of illicit drugs and other contraband, to enable 
     the Government of the Republic of the Marshall Islands--
       (A) to develop and adequately enforce laws of the Marshall 
     Islands; and
       (B) to cooperate with the United States in the enforcement 
     of criminal laws of the United States.
       (2) Use of appropriated funds.--Funds appropriated pursuant 
     to subsection (j) of section 105 of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921d) (as 
     amended by section 4009(j)) may be used in accordance with 
     section 103(a) of the Compact of Free Association Amendments 
     Act of 2003 (48 U.S.C. 1921b(a)).
       (b) Espousal Provisions.--
       (1) In general.--Congress reaffirms that--
       (A) section 103(g)(1) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(g)(1)) and section 103(e)(1) of 
     the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(e)(1)) provided that ``It is the intention of 
     the Congress of the United States that the provisions of 
     section 177 of the Compact of Free Association and the 
     Agreement between the Government of the United States and the 
     Government of the Marshall Islands for the Implementation of 
     Section 177 of the Compact (hereafter in this subsection 
     referred to as the `Section 177 Agreement') constitute a full 
     and final settlement of all claims described in Articles X 
     and XI of the Section 177 Agreement, and that any such claims 
     be terminated and barred except insofar as provided for in 
     the Section 177 Agreement.''; and
       (B) section 103(g)(2) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(g)(2))

[[Page S515]]

     and section 103(e)(2) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921b(e)(2)) provided that 
     ``In furtherance of the intention of Congress as stated in 
     paragraph (1) of this subsection, the Section 177 Agreement 
     is hereby ratified and approved. It is the explicit 
     understanding and intent of Congress that the jurisdictional 
     limitations set forth in Article XII of such Agreement are 
     enacted solely and exclusively to accomplish the objective of 
     Article X of such Agreement and only as a clarification of 
     the effect of Article X, and are not to be construed or 
     implemented separately from Article X.''.
       (2) Effect.--Nothing in the 2023 Agreement to Amend the 
     U.S.-RMI Compact affects the application of the provisions of 
     law reaffirmed by paragraph (1).
       (c) Certain Section 177 Agreement Provisions.--Congress 
     reaffirms that--
       (1) Article IX of the Agreement Between the Government of 
     the United States and the Government of the Marshall Islands 
     for the Implementation of Section 177 of the Compact of Free 
     Association, done at Majuro June 25, 1983, provided that ``If 
     loss or damage to property and person of the citizens of the 
     Marshall Islands, resulting from the Nuclear Testing Program, 
     arises or is discovered after the effective date of this 
     Agreement, and such injuries were not and could not 
     reasonably have been identified as of the effective date of 
     this Agreement, and if such injuries render the provisions of 
     this Agreement manifestly inadequate, the Government of the 
     Marshall Islands may request that the Government of the 
     United States provide for such injuries by submitting such a 
     request to the Congress of the United States for its 
     consideration. It is understood that this Article does not 
     commit the Congress of the United States to authorize and 
     appropriate funds.''; and
       (2) section 3(a) of Article XIII of the agreement described 
     in paragraph (1) provided that ``The Government of the United 
     States and the Government of the Marshall Islands shall 
     consult at the request of either of them on matters relating 
     to the provisions of this Agreement.''.
       (d) United States Appointees to Joint Economic Management 
     and Financial Accountability Committee.--
       (1) In general.--The 2 United States appointees (which are 
     composed of the United States chair and 1 other member from 
     the Government of the United States) to the Joint Economic 
     Management and Financial Accountability Committee established 
     under section 214 of the 2003 Amended U.S.-RMI Compact 
     (referred to in this subsection as the ``Committee'') shall--
       (A) be voting members of the Committee; and
       (B) continue to be officers or employees of the Federal 
     Government.
       (2) Term; appointment.--The 2 United States members of the 
     Committee described in paragraph (1) shall be appointed for a 
     term of 2 years as follows:
       (A) 1 member shall be appointed by the Secretary of State, 
     in consultation with the Secretary of the Treasury.
       (B) 1 member shall be appointed by the Secretary of the 
     Interior, in consultation with the Secretary of the Treasury.
       (3) Reappointment.--A United States member of the Committee 
     appointed under paragraph (2) may be reappointed for not more 
     than 2 additional 2-year terms.
       (4) Qualifications.--At least 1 United States member of the 
     Committee appointed under paragraph (2) shall be an 
     individual who--
       (A) by reason of knowledge, experience, or training, is 
     especially qualified in accounting, auditing, budget 
     analysis, compliance, grant administration, program 
     management, or international economics; and
       (B) possesses not less than 5 years of full-time experience 
     in accounting, auditing, budget analysis, compliance, grant 
     administration, program management, or international 
     economics.
       (5) Notice.--
       (A) In general.--Not later than 90 days after the date of 
     appointment of a United States member under paragraph (2), 
     the Secretary of the Interior shall notify the appropriate 
     committees of Congress that an individual has been appointed 
     as a voting member of the Committee under that paragraph, 
     including a statement attesting to the qualifications of the 
     member described in paragraph (4), subject to subparagraph 
     (B).
       (B) Requirement.--For purposes of a statement required 
     under subparagraph (A), in the case of a member appointed 
     under paragraph (2)(A), the Secretary of the Interior shall 
     compile information on the member provided to the Secretary 
     of the Interior by the Secretary of State on request of the 
     Secretary of the Interior.
       (6) Reports to congress.--Not later than 90 days after the 
     date on which the Committee receives or completes any report 
     required under the 2023 Amended U.S.-RMI Compact, or any 
     related subsidiary agreement, the Secretary of the Interior 
     shall submit the report to the appropriate committees of 
     Congress.
       (7) Notice to congress.--Not later than 90 days after the 
     date on which the Government of the Republic of the Marshall 
     Islands submits to the Committee a report required under the 
     2023 Amended U.S.-RMI Compact, or any related subsidiary 
     agreement, the Secretary of the Interior shall submit to the 
     appropriate committees of Congress--
       (A) if the report is submitted by the applicable deadline, 
     written notice attesting that the report is complete and 
     accurate; or
       (B) if the report is not submitted by the applicable 
     deadline, written notice that the report has not been timely 
     submitted.
       (e) United States Appointees to Trust Fund Committee.--
       (1) In general.--The 3 United States voting members (which 
     are composed of the United States chair and 2 other members 
     from the Government of the United States) to the Trust Fund 
     Committee established pursuant to the agreement described in 
     section 462(b)(5) of the 2003 Amended U.S.-RMI Compact 
     (referred to in this subsection as the ``Committee'') shall 
     continue to be officers or employees of the Federal 
     Government.
       (2) Term; appointment.--The 3 United States members of the 
     Committee described in paragraph (1) shall be appointed for a 
     term not more than 5 years as follows:
       (A) 1 member shall be appointed by the Secretary of State.
       (B) 1 member shall be appointed by the Secretary of the 
     Interior.
       (C) 1 member shall be appointed by the Secretary of the 
     Treasury.
       (3) Reappointment.--A United States member of the Committee 
     appointed under paragraph (2) may be reappointed for not more 
     than 2 additional 2-year terms.
       (4) Qualifications.--Not fewer than 2 members of the 
     Committee appointed under paragraph (2) shall be individuals 
     who--
       (A) by reason of knowledge, experience, or training, are 
     especially qualified in accounting, auditing, budget 
     analysis, compliance, financial investment, grant 
     administration, program management, or international 
     economics; and
       (B) possess not less than 5 years of full-time experience 
     in accounting, auditing, budget analysis, compliance, 
     financial investment, grant administration, program 
     management, or international economics.
       (5) Notice.--
       (A) In general.--Not later than 90 days after the date of 
     appointment of a United States Member under paragraph (2), 
     the Secretary of the Interior shall notify the appropriate 
     committees of Congress that an individual has been appointed 
     as a voting member of the Committee under that paragraph, 
     including a statement attesting to the qualifications of the 
     appointee described in paragraph (4), subject to subparagraph 
     (B).
       (B) Requirement.--For purposes of a statement required 
     under subparagraph (A)--
       (i) in the case of a member appointed under paragraph 
     (2)(A), the Secretary of the Interior shall compile 
     information on the member provided to the Secretary of the 
     Interior by the Secretary of State on request of the 
     Secretary of the Interior; and
       (ii) in the case of a member appointed under paragraph 
     (2)(C), the Secretary of the Interior shall compile 
     information on the member provided to the Secretary of the 
     Interior by the Secretary of the Treasury on request of the 
     Secretary of the Interior.
       (6) Reports to congress.--Not later than 90 days after the 
     date on which the Committee receives or completes any report 
     required under the 2023 Amended U.S.-RMI Compact, or any 
     related subsidiary agreement, the Secretary of the Interior 
     shall submit the report to the appropriate committees of 
     Congress.
       (7) Notice to congress.--Not later than 90 days after the 
     date on which the Government of the Republic of the Marshall 
     Islands submits to the Committee a report required under the 
     2023 Amended U.S.-RMI Compact, or any related subsidiary 
     agreement, the Secretary of the Interior shall submit to the 
     appropriate committees of Congress--
       (A) if the report is submitted by the applicable deadline, 
     written notice attesting that the report is complete and 
     accurate; or
       (B) if the report is not submitted by the applicable 
     deadline, written notice that the report has not been timely 
     submitted.
       (f) Four Atoll Health Care Program.--Congress reaffirms 
     that--
       (1) section 103(j)(1) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of 
     the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(h)(1)) provided that services ``provided by the 
     United States Public Health Service or any other United 
     States agency pursuant to section 1(a) of Article II of the 
     Agreement for the Implementation of Section 177 of the 
     Compact (hereafter in this subsection referred to as the 
     `Section 177 Agreement') shall be only for services to the 
     people of the Atolls of Bikini, Enewetak, Rongelap, and Utrik 
     who were affected by the consequences of the United States 
     nuclear testing program, pursuant to the program described in 
     Public Law 95-134 and Public Law 96-205 and their descendants 
     (and any other persons identified as having been so affected 
     if such identification occurs in the manner described in such 
     public laws). Nothing in this subsection shall be construed 
     as prejudicial to the views or policies of the Government of 
     the Marshall Islands as to the persons affected by the 
     consequences of the United States nuclear testing program.'';
       (2) section 103(j)(2) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of 
     the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(h)(2)) provided that ``at the end of the first 
     year after the effective date of the Compact and at the end 
     of each year thereafter, the providing agency or agencies 
     shall return to the Government of the Marshall Islands any 
     unexpended funds to be returned to the Fund Manager (as 
     described in

[[Page S516]]

     Article I of the Section 177 Agreement) to be covered into 
     the Fund to be available for future use.''; and
       (3) section 103(j)(3) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of 
     the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(h)(3)) provided that ``the Fund Manager shall 
     retain the funds returned by the Government of the Marshall 
     Islands pursuant to paragraph (2) of this subsection, shall 
     invest and manage such funds, and at the end of 15 years 
     after the effective date of the Compact, shall make from the 
     total amount so retained and the proceeds thereof annual 
     disbursements sufficient to continue to make payments for the 
     provision of health services as specified in paragraph (1) of 
     this subsection to such extent as may be provided in 
     contracts between the Government of the Marshall Islands and 
     appropriate United States providers of such health 
     services.''.
       (g) Radiological Health Care Program.--Notwithstanding any 
     other provision of law, on the request of the Government of 
     the Republic of the Marshall Islands, the President (through 
     an appropriate department or agency of the United States) 
     shall continue to provide special medical care and logistical 
     support for the remaining members of the population of 
     Rongelap and Utrik who were exposed to radiation resulting 
     from the 1954 United States thermonuclear ``Bravo'' test, 
     pursuant to Public Law 95-134 (91 Stat. 1159) and Public Law 
     96-205 (94 Stat. 84).
       (h) Agricultural and Food Programs.--
       (1) In general.--Congress reaffirms that--
       (A) section 103(h)(2) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(A) 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(f)(2)(A)) provided that notwithstanding ``any 
     other provision of law, upon the request of the Government of 
     the Marshall Islands, for the first fifteen years after the 
     effective date of the Compact, the President (either through 
     an appropriate department or agency of the United States or 
     by contract with a United States firm or by a grant to the 
     Government of the Republic of the Marshall Islands which may 
     further contract only with a United States firm or a Republic 
     of the Marshall Islands firm, the owners, officers and 
     majority of the employees of which are citizens of the United 
     States or the Republic of the Marshall Islands) shall provide 
     technical and other assistance without reimbursement, to 
     continue the planting and agricultural maintenance program on 
     Enewetak; without reimbursement, to continue the food 
     programs of the Bikini, Rongelap, Utrik, and Enewetak people 
     described in section 1(d) of Article II of the Subsidiary 
     Agreement for the Implementation of Section 177 of the 
     Compact and for continued waterborne transportation of 
     agricultural products to Enewetak including operations and 
     maintenance of the vessel used for such purposes.'';
       (B) section 103(h)(2) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(B) 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(f)(2)(B)) provided that ``The President shall 
     ensure the assistance provided under these programs reflects 
     the changes in the population since the inception of such 
     programs.''; and
       (C) section 103(h)(3) of the Compact of Free Association 
     Act of 1985 (48 U.S.C. 1903(h)(3)) and section 103(f)(3) of 
     the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 1921b(f)(3)) provided that ``payments under this 
     subsection shall be provided to such extent or in such 
     amounts as are necessary for services and other assistance 
     provided pursuant to this subsection. It is the sense of 
     Congress that after the periods of time specified in 
     paragraphs (1) and (2) of this subsection, consideration will 
     be given to such additional funding for these programs as may 
     be necessary.''.
       (2) Planting and agricultural maintenance program.--The 
     Secretary of the Interior may provide grants to the 
     Government of the Republic of the Marshall Islands to carry 
     out a planting and agricultural maintenance program on 
     Bikini, Enewetak, Rongelap, and Utrik.
       (3) Food programs.--The Secretary of Agriculture may 
     provide, without reimbursement, food programs to the people 
     of the Republic of the Marshall Islands.

     SEC. 4007. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO 
                   THE REPUBLIC OF PALAU.

       (a) Bilateral Economic Consultations.--United States 
     participation in the annual economic consultations referred 
     to in Article 8 of the 2023 U.S.-Palau Compact Review 
     Agreement shall be by officers or employees of the Federal 
     Government.
       (b) Economic Advisory Group.--
       (1) Qualifications.--A member of the Economic Advisory 
     Group described in Article 7 of the 2023 U.S.-Palau Compact 
     Review Agreement (referred to in this subsection as the 
     ``Advisory Group'') who is appointed by the Secretary of the 
     Interior shall be an individual who, by reason of knowledge, 
     experience, or training, is especially qualified in private 
     sector business development, economic development, or 
     national development.
       (2) Funds.--With respect to the Advisory Group, the 
     Secretary of the Interior may use available funds for--
       (A) the costs of the 2 members of the Advisory Group 
     designated by the United States in accordance with Article 7 
     of the 2023 U.S.-Palau Compact Review Agreement;
       (B) 50 percent of the costs of the 5th member of the 
     Advisory Group designated by the Secretary of the Interior in 
     accordance with the Article described in subparagraph (A); 
     and
       (C) the costs of--
       (i) technical and administrative assistance for the 
     Advisory Group; and
       (ii) other support necessary for the Advisory Group to 
     accomplish the purpose of the Advisory Group.
       (3) Reports to congress.--Not later than 90 days after the 
     date on which the Advisory Group receives or completes any 
     report required under the 2023 U.S.-Palau Compact Review 
     Agreement, or any related subsidiary agreement, the Secretary 
     of the Interior shall submit the report to the appropriate 
     committees of Congress.
       (c) Reports to Congress.--
       (1) In general.--Not later than 90 days after the date on 
     which the Government of the Republic of Palau completes any 
     report required under the 2023 U.S.-Palau Compact Review 
     Agreement, or any related subsidiary agreement, the Secretary 
     of the Interior shall submit the report to the appropriate 
     committees of Congress.
       (2) Notice to congress.--Not later than 90 days after the 
     date on which the Government of the Republic of Palau submits 
     a report required under the 2023 U.S.-Palau Compact Review 
     Agreement, or any related subsidiary agreement, the Secretary 
     of the Interior shall submit to the appropriate committees of 
     Congress--
       (A) if the report is submitted by the applicable deadline, 
     written notice attesting that the report is complete and 
     accurate; or
       (B) if the report is not submitted by the applicable 
     deadline, written notice that the report has not been timely 
     submitted.

     SEC. 4008. OVERSIGHT PROVISIONS.

       (a) Authorities and Duties of the Comptroller General of 
     the United States.--
       (1) In general.--The Comptroller General of the United 
     States (including any duly authorized representative of the 
     Comptroller General of the United States) shall have the 
     authorities necessary to carry out the responsibilities of 
     the Comptroller General of the United States under--
       (A) the 2023 Amended U.S.-FSM Compact and related 
     subsidiary agreements, including the authorities and 
     privileges described in section 102(b) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921a(b));
       (B) the 2023 Amended U.S.-RMI Compact and related 
     subsidiary agreements, including the authorities and 
     privileges described in section 103(k) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921b(k)); and
       (C) the 2023 U.S.-Palau Compact Review Agreement, related 
     subsidiary agreements, and the authorities described in 
     appendix D of the ``Agreement between the Government of the 
     United States of America and the Government of the Republic 
     of Palau Following the Compact of Free Association Section 
     432 Review'' signed by the United States and the Republic of 
     Palau on September 3, 2010.
       (2) Reports.--Not later than 18 months after the date of 
     enactment of this Act, and every 4 years thereafter, the 
     Comptroller General of the United States shall submit to the 
     appropriate committees of Congress a report with respect to 
     the Freely Associated States, including addressing--
       (A) the topics described in subparagraphs (A) through (E) 
     of section 104(h)(1) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921c(h)(1)), except that 
     for purposes of a report submitted under this paragraph, the 
     report shall address those topics with respect to each of the 
     Freely Associated States; and
       (B) the effectiveness of administrative oversight by the 
     United States of the Freely Associated States.
       (b) Secretary of the Interior Oversight Authority.--The 
     Secretary of the Interior shall have the authority necessary 
     to fulfill the responsibilities for monitoring and managing 
     the funds appropriated to the Compact of Free Association 
     account of the Department of the Interior by section 4011(a) 
     to carry out--
       (1) the 2023 Amended U.S.-FSM Compact;
       (2) the 2023 Amended U.S.-RMI Compact;
       (3) the 2023 U.S.-Palau Compact Review Agreement; and
       (4) subsidiary agreements.
       (c) Postmaster General Oversight Authority.--The Postmaster 
     General shall have the authority necessary to fulfill the 
     responsibilities for monitoring and managing the funds 
     appropriated to the United States Postal Service under 
     paragraph (1) of section 4011(b) and deposited in the Postal 
     Service Fund under paragraph (2)(A) of that section to carry 
     out--
       (1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
       (2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
       (3) section 221(a)(2) of the U.S.-Palau Compact; and
       (4) Article 6(a) of the 2023 U.S.-Palau Compact Review 
     Agreement.
       (d) Interagency Group on Freely Associated States.--
       (1) Establishment.--The President, in consultation with the 
     Secretary of State, the Secretary of the Interior, and the 
     Secretary of Defense, shall establish an Interagency Group on 
     Freely Associated States (referred to in this subsection as 
     the ``Interagency Group'').

[[Page S517]]

       (2) Purpose.--The purposes of the Interagency Group are--
       (A) to coordinate development and implementation of 
     executive branch policies, programs, services, and other 
     activities in or relating to the Freely Associated States; 
     and
       (B) to provide policy guidance, recommendations, and 
     oversight to Federal agencies, departments, and 
     instrumentalities with respect to the implementation of--
       (i) the 2023 Amended U.S.-FSM Compact;
       (ii) the 2023 Amended U.S.-RMI Compact; and
       (iii) the 2023 U.S.-Palau Compact Review Agreement.
       (3) Membership.--The Interagency Group shall consist of--
       (A) the Secretary of State, who shall serve as co-chair of 
     the Interagency Group;
       (B) the Secretary of the Interior, who shall serve as co-
     chair of the Interagency Group;
       (C) the Secretary of Defense;
       (D) the Secretary of the Treasury;
       (E) the heads of relevant Federal agencies, departments, 
     and instrumentalities carrying out obligations under--
       (i) sections 131 and 132 of the 2003 Amended U.S.-FSM 
     Compact and subsections (a) and (b) of section 221 and 
     section 261 of the 2023 Amended U.S.-FSM Compact;
       (ii) sections 131 and 132 of the 2003 Amended U.S.-RMI 
     Compact and subsections (a) and (b) of section 221 and 
     section 261 of the 2023 Amended U.S.-RMI Compact;
       (iii) sections 131 and 132 and subsections (a) and (b) of 
     section 221 of the U.S.-Palau Compact;
       (iv) Article 6 of the 2023 U.S.-Palau Compact Review 
     Agreement;
       (v) any applicable subsidiary agreement; and
       (vi) section 4009; and
       (F) the head of any other Federal agency, department, or 
     instrumentality that the Secretary of State or the Secretary 
     of the Interior may designate.
       (4) Duties of secretary of state and secretary of the 
     interior.--The Secretary of State (or a senior official 
     designee of the Secretary of State) and the Secretary of the 
     Interior (or a senior official designee of the Secretary of 
     the Interior) shall--
       (A) co-lead and preside at a meeting of the Interagency 
     Group not less frequently than annually;
       (B) determine, in consultation with the Secretary of 
     Defense, the agenda for meetings of the Interagency Group; 
     and
       (C) facilitate and coordinate the work of the Interagency 
     Group.
       (5) Duties of the interagency group.--The Interagency Group 
     shall--
       (A) provide advice on the establishment or implementation 
     of policies relating to the Freely Associated States to the 
     President, acting through the Office of Intergovernmental 
     Affairs, in the form of a written report not less frequently 
     than annually;
       (B) obtain information and advice relating to the Freely 
     Associated States from the Presidents, other elected 
     officials, and members of civil society of the Freely 
     Associated States, including through the members of the 
     Interagency Group (including senior official designees of the 
     members) meeting not less frequently than annually with any 
     Presidents of the Freely Associated States who elect to 
     participate;
       (C) at the request of the head of any Federal agency (or a 
     senior official designee of the head of a Federal agency) who 
     is a member of the Interagency Group, promptly review and 
     provide advice on a policy or policy implementation action 
     affecting 1 or more of the Freely Associated States proposed 
     by the Federal agency, department, or instrumentality; and
       (D) facilitate coordination of relevant policies, programs, 
     initiatives, and activities involving 1 or more of the Freely 
     Associated States, including ensuring coherence and avoiding 
     duplication between programs, initiatives, and activities 
     conducted pursuant to a Compact with a Freely Associated 
     State and non-Compact programs, initiatives, and activities.
       (6) Reports.--Not later than 1 year after the date of 
     enactment of this Act and each year thereafter in which a 
     Compact of Free Association with a Freely Associated State is 
     in effect, the President shall submit to the majority leader 
     and minority leader of the Senate, the Speaker and minority 
     leader of the House of Representatives, and the appropriate 
     committees of Congress a report that describes the activities 
     and recommendations of the Interagency Group during the 
     applicable year.
       (e) Federal Agency Coordination.--The head of any Federal 
     agency providing programs and services to the Federated 
     States of Micronesia, the Republic of the Marshall Islands, 
     or the Republic of Palau shall coordinate with the Secretary 
     of the Interior and the Secretary of State regarding the 
     provision of the programs and services.
       (f) Foreign Loans or Debt.--Congress reaffirms that--
       (1) the foreign loans or debt of the Government of the 
     Federated States of Micronesia, the Government of the 
     Republic of the Marshall Islands, or the Government of the 
     Republic of Palau shall not constitute an obligation of the 
     United States; and
       (2) the full faith and credit of the United States 
     Government shall not be pledged for the payment and 
     performance of any foreign loan or debt referred to in 
     paragraph (1) without specific further authorization.
       (g) Compact Compilation.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of the Interior 
     shall submit a report to the appropriate committees of 
     Congress that includes a compilation of the Compact of Free 
     Association with the Federated State of Micronesia, the 
     Compact of Free Association with the Republic of Palau, and 
     the Compact of Free Association with Republic of the Marshall 
     Islands.
       (h) Publication; Revision by Office of the Law Revision 
     Counsel.--
       (1) Publication.--In publishing this division in slip form 
     and in the United States Statutes at Large pursuant to 
     section 112 of title 1, United States Code, the Archivist of 
     the United States shall include after the date of approval at 
     the end an appendix setting forth the text of--
       (A) the 2023 Agreement to Amend the U.S.-FSM Compact; and
       (B) the 2023 Agreement to Amend the U.S.-RMI Compact.
       (2) Revision by office of the law revision counsel.--The 
     Office of the Law Revision Counsel is directed to revise--
       (A) the 2003 Amended U.S.-FSM Compact set forth in the note 
     following section 1921 of title 48, United States Code, to 
     reflect the amendments to the 2003 Amended U.S.-FSM Compact 
     made by the 2023 Agreement to Amend the U.S.-FSM Compact; and
       (B) the 2003 Amended U.S.-RMI Compact set forth in the note 
     following section 1921 of title 48, United States Code, to 
     reflect the amendments to the 2003 Amended U.S.-RMI Compact 
     made by the 2023 Agreement to Amend the U.S.-RMI Compact.

     SEC. 4009. UNITED STATES POLICY REGARDING THE FREELY 
                   ASSOCIATED STATES.

       (a) Authorization for Veterans' Services.--
       (1) Definition of freely associated states.--In this 
     subsection, the term ``Freely Associated States'' means--
       (A) the Federated States of Micronesia, during such time as 
     it is a party to the Compact of Free Association set forth in 
     section 201 of the Compact of Free Association Act of 1985 
     (Public Law 99-239; 48 U.S.C. 1901 note);
       (B) the Republic of the Marshall Islands, during such time 
     as it is a party to the Compact of Free Association set forth 
     in section 201 of the Compact of Free Association Act of 1985 
     (Public Law 99-239; 48 U.S.C. 1901 note); and
       (C) the Republic of Palau, during such time as it is a 
     party to the Compact of Free Association between the United 
     States and the Government of Palau set forth in section 201 
     of Joint Resolution entitled ``Joint Resolution to approve 
     the `Compact of Free Association' between the United States 
     and the Government of Palau, and for other purposes'' (Public 
     Law 99-658; 48 U.S.C. 1931 note).
       (2) Hospital care, medical services, and nursing home care 
     abroad.--Section 1724 of title 38, United States Code, is 
     amended--
       (A) in subsection (a), by striking ``subsections (b) and 
     (c)'' and inserting ``subsections (b), (c), and (f)''; and
       (B) by adding at the end the following:
       ``(f)(1)(A) The Secretary may furnish hospital care and 
     medical services in the Freely Associated States, subject to 
     agreements the Secretary shall enter into with the 
     governments of the Freely Associated States as described in 
     section 4009(a)(4)(A) of the Compact of Free Association 
     Amendments Act of 2024, and subject to subparagraph (B), to a 
     veteran who is otherwise eligible to receive hospital care 
     and medical services.
       ``(B) The agreements described in subparagraph (A) shall 
     incorporate, to the extent practicable, the applicable laws 
     of the Freely Associated States and define the care and 
     services that can be legally provided by the Secretary in the 
     Freely Associated States.
       ``(2) In furnishing hospital care and medical services 
     under paragraph (1), the Secretary may furnish hospital care 
     and medical services through--
       ``(A) contracts or other agreements;
       ``(B) reimbursement; or
       ``(C) the direct provision of care by health care personnel 
     of the Department.
       ``(3) In furnishing hospital care and medical services 
     under paragraph (1), the Secretary may furnish hospital care 
     and medical services for any condition regardless of whether 
     the condition is connected to the service of the veteran in 
     the Armed Forces.
       ``(4)(A) A veteran who has received hospital care or 
     medical services in a country pursuant to this subsection 
     shall remain eligible, to the extent determined advisable and 
     practicable by the Secretary, for hospital care or medical 
     services in that country regardless of whether the country 
     continues to qualify as a Freely Associated State for 
     purposes of this subsection.
       ``(B) If the Secretary determines it is no longer advisable 
     or practicable to allow veterans described in subparagraph 
     (A) to remain eligible for hospital care or medical services 
     pursuant to such subparagraph, the Secretary shall--
       ``(i) provide direct notice of that determination to such 
     veterans; and
       ``(ii) publish that determination and the reasons for that 
     determination in the Federal Register.
       ``(5) In this subsection, the term `Freely Associated 
     States' means--
       ``(A) the Federated States of Micronesia, during such time 
     as it is a party to the Compact of Free Association set forth 
     in section 201 of the Compact of Free Association Act of 1985 
     (Public Law 99-239; 48 U.S.C. 1901 note);

[[Page S518]]

       ``(B) the Republic of the Marshall Islands, during such 
     time as it is a party to the Compact of Free Association set 
     forth in section 201 of the Compact of Free Association Act 
     of 1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
       ``(C) the Republic of Palau, during such time as it is a 
     party to the Compact of Free Association between the United 
     States and the Government of Palau set forth in section 201 
     of Joint Resolution entitled `Joint Resolution to approve the 
     ``Compact of Free Association'' between the United States and 
     the Government of Palau, and for other purposes' (Public Law 
     99-658; 48 U.S.C. 1931 note).''.
       (3) Beneficiary travel.--Section 111 of title 38, United 
     States Code, is amended by adding at the end the following:
       ``(h)(1) Notwithstanding any other provision of law, the 
     Secretary may make payments to or for any person traveling 
     in, to, or from the Freely Associated States for receipt of 
     care or services authorized to be legally provided by the 
     Secretary in the Freely Associated States under section 
     1724(f)(1) of this title.
       ``(2) A person who has received payment for travel in a 
     country pursuant to this subsection shall remain eligible for 
     payment for such travel in that country regardless of whether 
     the country continues to qualify as a Freely Associated State 
     for purposes of this subsection.
       ``(3) The Secretary shall prescribe regulations to carry 
     out this subsection.
       ``(4) In this subsection, the term `Freely Associated 
     States' means--
       ``(A) the Federated States of Micronesia, during such time 
     as it is a party to the Compact of Free Association set forth 
     in section 201 of the Compact of Free Association Act of 1985 
     (Public Law 99-239; 48 U.S.C. 1901 note);
       ``(B) the Republic of the Marshall Islands, during such 
     time as it is a party to the Compact of Free Association set 
     forth in section 201 of the Compact of Free Association Act 
     of 1985 (Public Law 99-239; 48 U.S.C. 1901 note); and
       ``(C) the Republic of Palau, during such time as it is a 
     party to the Compact of Free Association between the United 
     States and the Government of Palau set forth in section 201 
     of Joint Resolution entitled `Joint Resolution to approve the 
     ``Compact of Free Association'' between the United States and 
     the Government of Palau, and for other purposes' (Public Law 
     99-658; 48 U.S.C. 1931 note).''.
       (4) Legal issues.--
       (A) Agreements to furnish care and services.--
       (i) In general.--Before delivering hospital care or medical 
     services under subsection (f) of section 1724 of title 38, 
     United States Code, as added by paragraph (2)(B), the 
     Secretary of Veterans Affairs, in consultation with the 
     Secretary of State, shall enter into agreements with the 
     governments of the Freely Associated States to--

       (I) facilitate the furnishing of health services, including 
     telehealth, under the laws administered by the Secretary of 
     Veterans Affairs to veterans in the Freely Associated States, 
     such as by addressing--

       (aa) licensure, certification, registration, and tort 
     issues relating to health care personnel;
       (bb) the scope of health services the Secretary may 
     furnish, as well as the means for furnishing such services; 
     and
       (cc) matters relating to delivery of pharmaceutical 
     products and medical surgical products, including delivery of 
     such products through the Consolidated Mail Outpatient 
     Pharmacy of the Department of Veterans Affairs, to the Freely 
     Associated States;

       (II) clarify the authority of the Secretary of Veterans 
     Affairs to pay for tort claims as set forth under 
     subparagraph (C); and
       (III) clarify authority and responsibility on any other 
     matters determined relevant by the Secretary of Veterans 
     Affairs or the governments of the Freely Associated States.

       (ii) Scope of agreements.--The agreements described in 
     clause (i) shall incorporate, to the extent practicable, the 
     applicable laws of the Freely Associated States and define 
     the care and services that can be legally provided by the 
     Secretary of Veterans Affairs in the Freely Associated 
     States.
       (iii) Report to congress.--

       (I) In general.--Not later than 90 days after entering into 
     an agreement described in clause (i), the Secretary of 
     Veterans Affairs shall submit the agreement to the 
     appropriate committees of Congress.
       (II) Appropriate committees of congress defined.--In this 
     clause, the term ``appropriate committees of Congress'' 
     means--

       (aa) the Committee on Energy and Natural Resources, the 
     Committee on Foreign Relations, and the Committee on 
     Veterans' Affairs of the Senate; and
       (bb) the Committee on Natural Resources, the Committee on 
     Foreign Affairs, and the Committee on Veterans' Affairs of 
     the House of Representatives.
       (B) Licensure of health care professionals providing 
     treatment via telemedicine in the freely associated states.--
     Section 1730C(a) of title 38, United States Code, is amended 
     by striking ``any State'' and inserting ``any State or any of 
     the Freely Associated States (as defined in section 1724(f) 
     of this title)''.
       (C) Payment of claims.--The Secretary of Veterans Affairs 
     may pay tort claims, in the manner authorized in the first 
     paragraph of section 2672 of title 28, United States Code, 
     when such claims arise in the Freely Associated States in 
     connection with furnishing hospital care or medical services 
     or providing medical consultation or medical advice to a 
     veteran under the laws administered by the Secretary, 
     including through a remote or telehealth program.
       (5) Outreach and assessment of options.--During the 1-year 
     period beginning on the date of enactment of this Act, the 
     Secretary of Veterans Affairs shall, subject to the 
     availability of appropriations--
       (A) conduct robust outreach to, and engage with, each 
     government of the Freely Associated States;
       (B) assess options for the delivery of care through the use 
     of authorities provided pursuant to the amendments made by 
     this subsection; and
       (C) increase staffing as necessary to conduct outreach 
     under subparagraph (A).
       (b) Authorization of Education Programs.--
       (1) Eligibility.--For fiscal year 2024 and each fiscal year 
     thereafter, the Government of the United States shall--
       (A) continue to make available to the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau, grants for services to individuals 
     eligible for such services under part B of the Individuals 
     with Disabilities Education Act (20 U.S.C. 1411 et seq.) to 
     the extent that those services continue to be available to 
     individuals in the United States;
       (B) continue to make available to the Federated States of 
     Micronesia and the Republic of the Marshall Islands and make 
     available to the Republic of Palau, competitive grants under 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), the Carl D. Perkins Career and Technical 
     Education Act of 2006 (20 U.S.C. 2301 et seq.), and part D of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1450 et seq.), to the extent that those grants continue to be 
     available to State and local governments in the United 
     States;
       (C) continue to make grants available to the Republic of 
     Palau under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.), the Adult 
     Education and Family Literacy Act (29 U.S.C. 3271 et seq.), 
     and the Carl D. Perkins Career and Technical Education Act of 
     2006 (20 U.S.C. 2301 et seq.);
       (D) continue to make available to eligible institutions of 
     higher education in the Republic of Palau and make available 
     to eligible institutions of higher education in the Federated 
     States of Micronesia and the Republic of the Marshall Islands 
     and to students enrolled in those institutions of higher 
     education, and to students who are citizens of the Federated 
     States of Micronesia, the Republic of the Marshall Islands, 
     and the Republic of Palau and enrolled in institutions of 
     higher education in the United States and territories of the 
     United States, grants under--
       (i) subpart 1 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a et seq.);
       (ii) subpart 3 of part A of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070b et seq.); and
       (iii) part C of title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1087-51 et seq.);
       (E) require, as a condition of eligibility for a public 
     institution of higher education in any State (as defined in 
     section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003)) that is not a Freely Associated State to participate 
     in or receive funds under any program under title IV of such 
     Act (20 U.S.C. 1070 et seq.), that the institution charge 
     students who are citizens of the Federated States of 
     Micronesia, the Republic of the Marshall Islands, or the 
     Republic of Palau tuition for attendance at a rate that is 
     not greater than the rate charged for residents of the State 
     in which such public institution of higher education is 
     located; and
       (F) continue to make available, to eligible institutions of 
     higher education, secondary schools, and nonprofit 
     organizations in the Federated States of Micronesia, the 
     Republic of the Marshall Islands, and the Republic of Palau, 
     competitive grants under the Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.).
       (2) Other formula grants.--Except as provided in paragraph 
     (1), the Secretary of Education shall not make a grant under 
     any formula grant program administered by the Department of 
     Education to the Federated States of Micronesia, the Republic 
     of the Marshall Islands, or the Republic of Palau.
       (3) Grants to the freely associated states under part b of 
     the individuals with disabilities education act.--Section 
     611(b)(1) of the Individuals with Disabilities Education Act 
     (20 U.S.C. 1411(b)(1)) is amended by striking subparagraph 
     (A) and inserting the following:
       ``(A) Funds reserved.--From the amount appropriated for any 
     fiscal year under subsection (i), the Secretary shall reserve 
     not more than 1 percent, which shall be used as follows:
       ``(i) To provide assistance to the outlying areas in 
     accordance with their respective populations of individuals 
     aged 3 through 21.
       ``(ii)(I) To provide each freely associated State a grant 
     so that no freely associated State receives a lesser share of 
     the total funds reserved for the freely associated State than 
     the freely associated State received of those funds for 
     fiscal year 2023.
       ``(II) Each freely associated State shall establish its 
     eligibility under this subparagraph consistent with the 
     requirements for a State under section 612.

[[Page S519]]

       ``(III) The funds provided to each freely associated State 
     under this part may be used to provide, to each infant or 
     toddler with a disability (as defined in section 632), either 
     a free appropriate public education, consistent with section 
     612, or early intervention services consistent with part C, 
     notwithstanding the application and eligibility requirements 
     of sections 634(2), 635, and 637.''.
       (4) Technical amendments to the elementary and secondary 
     education act of 1965.--The Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
       (A) by striking subparagraph (A) of section 1121(b)(1) (20 
     U.S.C. 6331(b)(1)) and inserting the following:
       ``(A) first reserve $1,000,000 for the Republic of Palau, 
     subject to such terms and conditions as the Secretary may 
     establish, except that Public Law 95-134, permitting the 
     consolidation of grants, shall not apply; and''; and
       (B) in section 8101 (20 U.S.C. 7801), by amending paragraph 
     (36) to read as follows:
       ``(36) Outlying area.--The term `outlying area'--
       ``(A) means American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the United States Virgin 
     Islands; and
       ``(B) for the purpose of any discretionary grant program 
     under this Act, includes the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and the Republic 
     of Palau, to the extent that any such grant program continues 
     to be available to State and local governments in the United 
     States.''.
       (5) Technical amendment to the compact of free association 
     amendments act of 2003.--Section 105(f)(1)(B) of the Compact 
     of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921d(f)(1)(B)) is amended by striking clause (ix).
       (6) Head start programs.--
       (A) Definitions.--Section 637 of the Head Start Act (42 
     U.S.C. 9832) is amended, in the paragraph defining the term 
     ``State'', by striking the second sentence and inserting 
     ``The term `State' includes the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau.''.
       (B) Allotment of funds.--Section 640(a)(2)(B) of the Head 
     Start Act (42 U.S.C. 9835(a)(2)(B)) is amended--
       (i) in clause (iv), by inserting ``the Republic of Palau,'' 
     before ``and the Virgin Islands''; and
       (ii) by amending clause (v) to read as follows:
       ``(v) if a base grant has been established through 
     appropriations for the Federated States of Micronesia or the 
     Republic of the Marshall Islands, to provide an amount for 
     that jurisdiction (for Head Start agencies (including Early 
     Head Start agencies) in the jurisdiction) that is equal to 
     the amount provided for base grants for such jurisdiction 
     under this subchapter for the prior fiscal year, by allotting 
     to each agency described in this clause an amount equal to 
     that agency's base grant for the prior fiscal year; and''.
       (7) Coordination required.--The Secretary of the Interior, 
     in coordination with the Secretary of Education and the 
     Secretary of Health and Human Services, as applicable, shall, 
     to the maximum extent practicable, coordinate with the 3 
     United States appointees to the Joint Economic Management 
     Committee described in section 4005(b)(1) and the 2 United 
     States appointees to the Joint Economic Management and 
     Financial Accountability Committee described in section 
     4006(d)(1) to avoid duplication of economic assistance for 
     education provided under section 261(a)(1) of the 2023 
     Amended U.S.-FSM Compact or section 261(a)(1) of the 2023 
     Amended U.S.-RMI Compact of activities or services provided 
     under--
       (A) the Head Start Act (42 U.S.C. 9831 et seq.);
       (B) subpart 3 of part A of title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070b et seq.); or
       (C) part C of title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1087-51 et seq.).
       (c) Authorization of Department of Defense Programs.--
       (1) Department of defense medical facilities.--The 
     Secretary of Defense shall make available, on a space 
     available and reimbursable basis, the medical facilities of 
     the Department of Defense for use by citizens of the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau, who are properly referred 
     to the facilities by government authorities responsible for 
     provision of medical services in the Federated States of 
     Micronesia, the Republic of the Marshall Islands, the 
     Republic of Palau, and the affected jurisdictions (as defined 
     in section 104(e)(2) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921c(e)(2))).
       (2) Participation by secondary schools in the armed 
     services vocational aptitude battery student testing 
     program.--It is the sense of Congress that the Department of 
     Defense may extend the Armed Services Vocational Aptitude 
     Battery (ASVAB) Student Testing Program and the ASVAB Career 
     Exploration Program to selected secondary schools in the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau to the extent such 
     programs are available to Department of Defense dependent 
     secondary schools established under section 2164 of title 10, 
     United States Code, and located outside the United States.
       (d) Judicial Training.--In addition to amounts provided 
     under section 261(a)(4) of the 2023 Amended U.S.-FSM Compact 
     and the 2023 Amended U.S.-RMI Compact and under subsections 
     (a) and (b) of Article 1 of the 2023 U.S.-Palau Compact 
     Review Agreement, for each of fiscal years 2024 through 2043, 
     the Secretary of the Interior shall use the amounts made 
     available to the Secretary of the Interior under section 
     4011(c) to train judges and officials of the judiciary in the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau, in cooperation with the 
     Pacific Islands Committee of the judicial council of the 
     ninth judicial circuit of the United States.
       (e) Eligibility for the Republic of Palau.--
       (1) National health service corps.--The Secretary of Health 
     and Human Services shall make the services of the National 
     Health Service Corps available to the residents of the 
     Federated States of Micronesia, the Republic of the Marshall 
     Islands, and the Republic of Palau to the same extent, and 
     for the same duration, as services are authorized to be 
     provided to persons residing in any other areas within or 
     outside the United States.
       (2) Additional programs and services.--The Republic of 
     Palau shall be eligible for the programs and services made 
     available to the Federated States of Micronesia and the 
     Republic of the Marshall Islands under section 108(a) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921g(a)).
       (3) Programs and services of certain agencies.--In addition 
     to the programs and services set forth in the operative 
     Federal Programs and Services Agreement between the United 
     States and the Republic of Palau, the programs and services 
     of the following agencies shall be made available to the 
     Republic of Palau:
       (A) The Legal Services Corporation.
       (B) The Public Health Service.
       (C) The Rural Housing Service.
       (f) Compact Impact Fairness.--
       (1) In general.--Section 402 of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612) is amended--
       (A) in subsection (a)(2), by adding at the end the 
     following:
       ``(N) Exception for citizens of freely associated states.--
     With respect to eligibility for benefits for any specified 
     Federal program, paragraph (1) shall not apply to any 
     individual who lawfully resides in the United States in 
     accordance with section 141 of the Compacts of Free 
     Association between the Government of the United States and 
     the Governments of the Federated States of Micronesia, the 
     Republic of the Marshall Islands, and the Republic of 
     Palau.''; and
       (B) in subsection (b)(2)(G)--
       (i) in the subparagraph heading, by striking ``medicaid 
     exception for'' and inserting ``exception for''; and
       (ii) by striking ``the designated Federal program defined 
     in paragraph (3)(C) (relating to the Medicaid program)'' and 
     inserting ``any designated Federal program''.
       (2) Exception to 5-year wait requirement.--Section 
     403(b)(3) of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended 
     by striking ``, but only with respect to the designated 
     Federal program defined in section 402(b)(3)(C)''.
       (3) Definition of qualified alien.--Section 431(b)(8) of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) is amended 
     by striking ``, but only with respect to the designated 
     Federal program defined in section 402(b)(3)(C) (relating to 
     the Medicaid program)''.
       (g) Consultation With International Financial 
     Institutions.--The Secretary of the Treasury, in coordination 
     with the Secretary of the Interior and the Secretary of 
     State, shall consult with appropriate officials of the Asian 
     Development Bank and relevant international financial 
     institutions (as defined in section 1701(c) of the 
     International Financial Institutions Act (22 U.S.C. 
     262r(c))), as appropriate, with respect to overall economic 
     conditions in, and the activities of other providers of 
     assistance to, the Freely Associated States.
       (h) Chief of Mission.--Section 105(b) of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) 
     is amended by striking paragraph (5) and inserting the 
     following:
       ``(5) Pursuant to section 207 of the Foreign Service Act of 
     1980 (22 U.S.C. 3927), all United States Government executive 
     branch employees in the Federated States of Micronesia, the 
     Republic of the Marshall Islands, and the Republic of Palau 
     fall under the authority of the respective applicable chief 
     of mission, except for employees identified as excepted from 
     the authority under Federal law or by Presidential 
     directive.''.
       (i) Establishment of a Unit for the Freely Associated 
     States in the Bureau of East Asian and Pacific Affairs of the 
     Department of State and Increasing Personnel Focused on 
     Oceania.--
       (1) Definition of appropriate congressional committees.--In 
     this subsection, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives.

[[Page S520]]

       (2) Requirements.--The Secretary of State shall--
       (A) assign additional full-time equivalent personnel to the 
     Office of Australia, New Zealand, and Pacific Island Affairs 
     of the Bureau of East Asian and Pacific Affairs of the 
     Department of State, including to the unit established under 
     subparagraph (B), as the Secretary of State determines to be 
     appropriate, in accordance with paragraph (4)(A); and
       (B) establish a unit in the Bureau of East Asian and 
     Pacific Affairs of the Department of State to carry out the 
     functions described in paragraph (3).
       (3) Functions of unit.--The unit established under 
     paragraph (2)(B) shall be responsible for the following:
       (A) Managing the bilateral and regional relations with the 
     Freely Associated States.
       (B) Supporting the Secretary of State in leading 
     negotiations relating to the Compacts of Free Association 
     with the Freely Associated States.
       (C) Coordinating, in consultation with the Department of 
     the Interior, the Department of Defense, and other 
     interagency partners as appropriate, implementation of the 
     Compacts of Free Association with the Freely Associated 
     States.
       (4) Full-time equivalent employees.--The Secretary of State 
     shall--
       (A) not later than 5 years after the date of enactment of 
     this Act, assign to the Office of Australia, New Zealand, and 
     Pacific Island Affairs of the Bureau of East Asian and 
     Pacific Affairs, including to the unit established under 
     paragraph (2)(B), not less than 4 additional full-time 
     equivalent staff, who shall not be dual-hatted, including by 
     considering--
       (i) the use of existing flexible hiring authorities, 
     including Domestic Employees Teleworking Overseas (DETOs); 
     and
       (ii) the realignment of existing personnel, including from 
     the United States Mission in Australia, as appropriate;
       (B) reduce the number of vacant foreign service positions 
     in the Pacific Island region by establishing an incentive 
     program within the Foreign Service for overseas positions 
     related to the Pacific Island region; and
       (C) report to the appropriate congressional committees on 
     progress toward objectives outlined in this subsection 
     beginning 1 year from the date of enactment of this Act and 
     annually thereafter for 5 years.
       (j) Technical Assistance.--Section 105 of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S.C. 1921d) is 
     amended by striking subsection (j) and inserting the 
     following:
       ``(j) Technical Assistance.--
       ``(1) In general.--Technical assistance may be provided 
     pursuant to section 224 of the 2023 Amended U.S.-FSM Compact, 
     section 224 of the 2023 Amended U.S.-RMI Compact, or section 
     222 of the U.S.-Palau Compact (as those terms are defined in 
     section 4003 of the Compact of Free Association Amendments 
     Act of 2024) by Federal agencies and institutions of the 
     Government of the United States to the extent the assistance 
     shall be provided to States, territories, or units of local 
     government.
       ``(2) Historic preservation.--
       ``(A) In general.--Any technical assistance authorized 
     under paragraph (1) that is provided by the Forest Service, 
     the Natural Resources Conservation Service, the United States 
     Fish and Wildlife Service, the National Marine Fisheries 
     Service, the United States Coast Guard, the Advisory Council 
     on Historic Preservation, the Department of the Interior, or 
     any other Federal agency providing assistance under division 
     A of subtitle III of title 54, United States Code, may be 
     provided on a nonreimbursable basis.
       ``(B) Grants.--During the period in which the 2023 Amended 
     U.S.-FSM Compact (as so defined) and the 2023 Amended U.S.-
     RMI Compact (as so defined) are in force, the grant programs 
     under division A of subtitle III of title 54, United States 
     Code, shall continue to apply to the Federated States of 
     Micronesia and the Republic of the Marshall Islands in the 
     same manner and to the same extent as those programs applied 
     prior to the approval of the U.S.-FSM Compact and U.S.-RMI 
     Compact.
       ``(3) Additional funds.--Any funds provided pursuant to 
     this subsection, subsections (c), (g), (h), (i), (k), (l), 
     and (m), section 102(a), and subsections (a), (b), (f), (g), 
     (h), and (j) of section 103 shall be in addition to, and not 
     charged against, any amounts to be paid to the Federated 
     States of Micronesia or the Republic of the Marshall Islands 
     pursuant to--
       ``(A) the U.S.-FSM Compact;
       ``(B) the U.S.-RMI Compact; or
       ``(C) any related subsidiary agreement.''.
       (k) Continuing Trust Territory Authorization.--The 
     authorization provided by the Act of June 30, 1954 (68 Stat. 
     330, chapter 423), shall remain available after the effective 
     date of the 2023 Amended U.S.-FSM Compact and the 2023 
     Amended U.S.-RMI Compact with respect to the Federated States 
     of Micronesia and the Republic of the Marshall Islands for 
     transition purposes, including--
       (1) completion of projects and fulfillment of commitments 
     or obligations;
       (2) termination of the Trust Territory Government and 
     termination of the High Court;
       (3) health and education as a result of exceptional 
     circumstances;
       (4) ex gratia contributions for the populations of Bikini, 
     Enewetak, Rongelap, and Utrik; and
       (5) technical assistance and training in financial 
     management, program administration, and maintenance of 
     infrastructure.
       (l) Technical Amendments.--
       (1) Public health service act definition.--Section 2(f) of 
     the Public Health Service Act (42 U.S.C. 201(f)) is amended 
     by striking ``and the Trust Territory of the Pacific 
     Islands'' and inserting ``the Federated States of Micronesia, 
     the Republic of the Marshall Islands, and the Republic of 
     Palau''.
       (2) Compact impact amendments.--Section 104(e) of the 
     Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
     1921c(e)) is amended--
       (A) in paragraph (4)--
       (i) in subparagraph (A), by striking ``beginning in fiscal 
     year 2003'' and inserting ``during the period of fiscal years 
     2003 through 2023''; and
       (ii) in subparagraph (C), by striking ``after fiscal year 
     2003'' and inserting ``for the period of fiscal years 2004 
     through 2023'';
       (B) by striking paragraph (5); and
       (C) by redesignating paragraphs (6) through (10) as 
     paragraphs (5) through (9), respectively.

     SEC. 4010. ADDITIONAL AUTHORITIES.

       (a) Agencies, Departments, and Instrumentalities.--
       (1) In general.--Appropriations to carry out the 
     obligations, services, and programs described in paragraph 
     (2) shall be made directly to the Federal agencies, 
     departments, and instrumentalities carrying out the 
     obligations, services and programs.
       (2) Obligations, services, and programs described.--The 
     obligations, services, and programs referred to in paragraphs 
     (1) and (3) are the obligations, services, and programs 
     under--
       (A) sections 131 and 132, paragraphs (1) and (3) through 
     (6) of section 221(a), and section 221(b) of the 2023 Amended 
     U.S.-FSM Compact;
       (B) sections 131 and 132, paragraphs (1) and (3) through 
     (6) of section 221(a), and section 221(b) of the 2023 Amended 
     U.S.-RMI Compact;
       (C) sections 131 and 132 and paragraphs (1), (3), and (4) 
     of section 221(a) of the U.S.-Palau Compact;
       (D) Article 6 of the 2023 U.S.-Palau Compact Review 
     Agreement; and
       (E) section 4009.
       (3) Authority.--The heads of the Federal agencies, 
     departments, and instrumentalities to which appropriations 
     are made available under paragraph (1) as well as the Federal 
     Deposit Insurance Corporation shall--
       (A) have the authority to carry out any activities that are 
     necessary to fulfill the obligations, services, and programs 
     described in paragraph (2); and
       (B) use available funds to carry out the activities under 
     subparagraph (A).
       (b) Additional Assistance.--Any assistance provided 
     pursuant to section 105(j) of the Compact of Free Association 
     Amendments Act of 2003 (48 U.S.C. 1921d(j)) (as amended by 
     section 4009(j)) and sections 4005(a), 4006(a), 4007(b), and 
     4009 shall be in addition to and not charged against any 
     amounts to be paid to the Federated States of Micronesia, the 
     Republic of the Marshall Islands, and the Republic of Palau 
     pursuant to--
       (1) the 2023 Amended U.S.-FSM Compact;
       (2) the 2023 Amended U.S.-RMI Compact;
       (3) the 2023 U.S.-Palau Compact Review Agreement; or
       (4) any related subsidiary agreement.
       (c) Remaining Balances.--Notwithstanding any other 
     provision of law, including section 109 of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S.C. 1921h)--
       (1) remaining balances appropriated to carry out sections 
     211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM 
     Compact, shall be programmed pursuant to Article IX of the 
     2023 U.S.-FSM Fiscal Procedures Agreement; and
       (2) remaining balances appropriated to carry out sections 
     211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI 
     Compact, shall be programmed pursuant to Article XI of the 
     2023 U.S.-RMI Fiscal Procedures Agreement.
       (d) Grants.--Notwithstanding any other provision of law--
       (1) contributions under the 2023 Amended U.S.-FSM Compact, 
     the 2023 U.S.-Palau Compact Review Agreement, and the 2023 
     Amended U.S.-RMI Compact may be provided as grants for 
     purposes of implementation of the 2023 Amended U.S.-FSM 
     Compact, the 2023 U.S.-Palau Compact Review Agreement, and 
     the 2023 Amended U.S.-RMI Compact under the laws of the 
     United States; and
       (2) funds appropriated pursuant to section 4011 may be 
     deposited in interest-bearing accounts and any interest 
     earned may be retained in and form part of those accounts for 
     use consistent with the purpose of the deposit.
       (e) Rule of Construction.--Except as specifically provided, 
     nothing in this division or the amendments made by this 
     division amends the following:
       (1) Title I of the Compact of Free Association Act of 1985 
     (48 U.S.C. 1901 et seq.).
       (2) Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.).
       (3) Title I of the Compact of Free Association Amendments 
     Act of 2003 (48 U.S.C. 1921 et seq.).
       (4) Section 1259C of the National Defense Authorization Act 
     for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law 115-
     91).
       (5) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2018 (Public Law 115-
     141; 132 Stat. 635).

[[Page S521]]

       (f) Clarification Relating to Appropriated Funds.--
     Notwithstanding section 109 of the Compacts of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921h)--
       (1) funds appropriated by that section and deposited into 
     the RMI Compact Trust Fund shall be governed by the 2023 
     U.S.-RMI Trust Fund Agreement on entry into force of the 2023 
     U.S.-RMI Trust Fund Agreement;
       (2) funds appropriated by that section and deposited into 
     the FSM Compact Trust Fund shall be governed by the 2023 
     U.S.-FSM Trust Fund Agreement on entry into force of the 2023 
     U.S.-FSM Trust Fund Agreement;
       (3) funds appropriated by that section and made available 
     for fiscal year 2024 or any fiscal year thereafter as grants 
     to carry out the purposes of section 211(b) of the 2003 U.S.-
     RMI Amended Compact shall be subject to the provisions of the 
     2023 U.S.-RMI Fiscal Procedures Agreement on entry into force 
     of the 2023 U.S.-RMI Fiscal Procedures Agreement;
       (4) funds appropriated by that section and made available 
     for fiscal year 2024 or any fiscal year thereafter as grants 
     to carry out the purposes of section 221 of the 2003 U.S.-RMI 
     Amended Compact shall be subject to the provisions of the 
     2023 U.S.-RMI Fiscal Procedures Agreement on entry into force 
     of the 2023 U.S.-RMI Fiscal Procedures Agreement, except as 
     modified in the Federal Programs and Services Agreement in 
     force between the United States and the Republic of the 
     Marshall Islands; and
       (5) funds appropriated by that section and made available 
     for fiscal year 2024 or any fiscal year thereafter as grants 
     to carry out the purposes of section 221 of the 2003 U.S.-FSM 
     Amended Compact shall be subject to the provisions of the 
     2023 U.S.-FSM Fiscal Procedures Agreement on entry into force 
     of the 2023 U.S.-FSM Fiscal Procedures Agreement, except as 
     modified in the 2023 U.S.-FSM Federal Programs and Services 
     Agreement.

     SEC. 4011. COMPACT APPROPRIATIONS.

       (a) Funding for Activities of the Secretary of the 
     Interior.--For the period of fiscal years 2024 through 2043, 
     there are appropriated to the Compact of Free Association 
     account of the Department of the Interior, out of any funds 
     in the Treasury not otherwise appropriated, to remain 
     available until expended, the amounts described in and to 
     carry out the purposes of--
       (1) sections 261, 265, and 266 of the 2023 Amended U.S.-FSM 
     Compact;
       (2) sections 261, 265, and 266 of the 2023 Amended U.S.-RMI 
     Compact; and
       (3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact 
     Review Agreement.
       (b) Funding for Activities of the United States Postal 
     Service.--
       (1) Appropriation.--There is appropriated to the United 
     States Postal Service, out of any funds in the Treasury not 
     otherwise appropriated for each of fiscal years 2024 through 
     2043, $31,700,000, to remain available until expended, to 
     carry out the costs of the following provisions that are not 
     otherwise funded:
       (A) Section 221(a)(2) of the 2023 Amended U.S.-FSM Compact.
       (B) Section 221(a)(2) of the 2023 Amended U.S.-RMI Compact.
       (C) Section 221(a)(2) of the U.S.-Palau Compact.
       (D) Article 6(a) of the 2023 U.S.-Palau Compact Review 
     Agreement.
       (2) Deposit.--
       (A) In general.--The amounts appropriated to the United 
     States Postal Service under paragraph (1) shall be deposited 
     into the Postal Service Fund established under section 2003 
     of title 39, United States Code, to carry out the provisions 
     described in that paragraph.
       (B) Requirement.--Any amounts deposited into the Postal 
     Service Fund under subparagraph (A) shall be the fiduciary, 
     fiscal, and audit responsibility of the Postal Service.
       (c) Funding for Judicial Training.--There is appropriated 
     to the Secretary of the Interior to carry out section 4009(d) 
     out of any funds in the Treasury not otherwise appropriated, 
     $550,000 for each of fiscal years 2024 through 2043, to 
     remain available until expended.
       (d) Treatment of Previously Appropriated Amounts.--The 
     total amounts made available to the Government of the 
     Federated States of Micronesia and the Government of the 
     Republic of the Marshall Islands under subsection (a) shall 
     be reduced by amounts made available to the Government of the 
     Federated States of Micronesia and the Government of the 
     Republic of the Marshall Islands, as applicable, under 
     section 2101(a) of the Continuing Appropriations Act, 2024 
     and Other Extensions Act (Public Law 118-15; 137 Stat. 81) 
     (as amended by section 101 of division B of the Further 
     Continuing Appropriations and Other Extensions Act, 2024 
     (Public Law 118-22; 137 Stat. 114) and section 201 of the 
     Further Additional Continuing Appropriations and Other 
     Extensions Act, 2024 (Public Law 118-35; 138 Stat. 7)).

     SEC. 4012. BUDGETARY EFFECTS.

       (a) Statutory Paygo Scorecards.--The budgetary effects of 
     this division shall not be entered on either PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010 (2 U.S.C. 933(d)).
       (b) Senate Paygo Scorecards.--The budgetary effects of this 
     division shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress), the concurrent resolution on the budget for 
     fiscal year 2018.
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 900(c)(8)), the budgetary effects of this 
     division shall not be estimated--
       (1) for purposes of section 251 of such Act (2 U.S.C. 901);
       (2) for purposes of an allocation to the Committee on 
     Appropriations pursuant to section 302(a) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(a)); and
       (3) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 932) as being 
     included in an appropriation Act.
                                 ______
                                 
  SA 1410. Mr. ROUNDS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 1388 submitted by 
Mrs. Murray (for herself and Mr. Schumer) and intended to be proposed 
to the bill H.R. 815, to amend title 38, United States Code, to make 
certain improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        At the end the following:

                       DIVISION C--OTHER MATTERS

     SEC. 4001. MODIFICATIONS TO AUTHORITIES OF COMMITTEE ON 
                   FOREIGN INVESTMENT IN THE UNITED STATES 
                   RELATING TO AGRICULTURE AND NATIONAL SECURITY 
                   SENSITIVE SITES.

       (a) Agriculture-related Transactions.--Section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(14) Agriculture.--The term `agriculture' has the meaning 
     given that term in section 3 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 203).'';
       (2) in subsection (b)(1), by adding at the end the 
     following:
       ``(I) Consideration of certain agricultural land 
     transactions.--
       ``(i) In general.--Not later than 30 days after receiving 
     notification from the Secretary of Agriculture of a 
     reportable agricultural land transaction, the Committee shall 
     determine--

       ``(I) whether the transaction is a covered transaction; and
       ``(II) if the Committee determines that the transaction is 
     a covered transaction, whether to--

       ``(aa) request the submission of a notice under clause (i) 
     of subparagraph (C) or a declaration under clause (v) of such 
     subparagraph pursuant to the process established under 
     subparagraph (H); or
       ``(bb) initiate a review pursuant to subparagraph (D).
       ``(ii) Reportable agricultural land transaction defined.--
     In this subparagraph, the term `reportable agricultural land 
     transaction' means a transaction--

       ``(I) that the Secretary of Agriculture has reason to 
     believe is a covered transaction;
       ``(II) that involves the acquisition of an interest in 
     agricultural land by a foreign person, other than an excepted 
     investor or an excepted real estate investor, as such terms 
     are defined in regulations prescribed by the Committee; and
       ``(III) with respect to which a person is required to 
     submit a report to the Secretary of Agriculture under section 
     2(a) of the Agricultural Foreign Investment Disclosure Act of 
     1978 (7 U.S.C. 3501(a)).''; and

       (3) in subsection (k)(2)--
       (A) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (I), (J), and (K), respectively; and
       (B) by inserting after subparagraph (G) the following:
       ``(H) The Secretary of Agriculture, with respect to any 
     covered transaction related to the purchase of agricultural 
     land or agricultural biotechnology or otherwise related to 
     the agriculture industry in the United States.''.
       (b) Prohibition With Respect to Purchases and Leases of 
     Agricultural Real Estate Near National Security Sensitive 
     Sites.--Section 721 of the Defense Production Act of 1950 (50 
     U.S.C. 4565) is amended by adding at the end the following:
       ``(r) Prohibition With Respect to Purchases and Leases of 
     Agricultural Real Estate Near National Security Sensitive 
     Sites.--
       ``(1) In general.--If the Committee, in conducting a review 
     under this section, determines that a transaction described 
     in clause (i) or (ii) of subsection (a)(4)(B) would result in 
     the purchase or lease by a covered foreign person of real 
     estate described in paragraph (2), the President shall 
     prohibit the transaction unless a party to the transaction 
     voluntarily chooses to abandon the transaction.
       ``(2) Real estate described.--Subject to regulations 
     prescribed by the Committee, real estate described in this 
     paragraph is agricultural land (as defined in section 9 of 
     the

[[Page S522]]

     Agricultural Foreign Investment Disclosure Act of 1978 (7 
     U.S.C. 3508)) in the United States that is in close proximity 
     (subject to subsection (a)(4)(C)(ii)) to a United States 
     military installation or another facility or property of the 
     United States Government that is--
       ``(A) sensitive for reasons relating to national security 
     for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
       ``(B) identified in regulations prescribed by the 
     Committee.
       ``(3) Waiver.--The President may waive, on a case-by-case 
     basis, the requirement to prohibit a transaction under 
     paragraph (1) after the President determines and reports to 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Financial Services of the House 
     of Representatives that the waiver is in the national 
     interest of the United States.
       ``(4) Covered foreign person defined.--
       ``(A) In general.--In this subsection, subject to 
     regulations prescribed by the Committee, the term `covered 
     foreign person'--
       ``(i) means any foreign person (including a foreign entity) 
     that acts as an agent, representative, or employee of, or 
     acts at the direction or control of, the government of a 
     covered country; and
       ``(ii) does not include a United States citizen or an alien 
     lawfully admitted for permanent residence to the United 
     States.
       ``(B) Covered country defined.--For purposes of 
     subparagraph (A), the term `covered country' means any of the 
     following countries, if the country is determined to be a 
     foreign adversary pursuant to section 7.4 of title 15, Code 
     of Federal Regulations (or a successor regulation):
       ``(i) The People's Republic of China.
       ``(ii) The Russian Federation.
       ``(iii) The Islamic Republic of Iran.
       ``(iv) The Democratic People's Republic of Korea.''.
       (c) Spending Plans.--Not later than 60 days after the date 
     of the enactment of this Act, each department or agency 
     represented on the Committee on Foreign Investment in the 
     United States shall submit to the chairperson of the 
     Committee a copy of the most recent spending plan required 
     under section 1721(b) of the Foreign Investment Risk Review 
     Modernization Act of 2018 (50 U.S.C. 4565 note).
       (d) Regulations.--
       (1) In general.--The President shall direct, subject to 
     section 553 of title 5, United States Code, the issuance of 
     regulations to carry out the amendments made by this section.
       (2) Effective date.--The regulations prescribed under 
     paragraph (1) shall take effect not later than one year after 
     the date of the enactment of this Act.
       (e) Effective Date; Applicability.--The amendments made by 
     this section shall--
       (1) take effect on the date that is 30 days after the 
     effective date of the regulations under subsection (d)(2); 
     and
       (2) apply with respect to a covered transaction (as defined 
     in section 721 of the Defense Production Act of 1950 (50 
     U.S.C. 4565)) that is proposed, pending, or completed on or 
     after the date described in paragraph (1).
       (f) Sunset.--The amendments made by this section, and any 
     regulations prescribed to carry out those amendments, shall 
     cease to be effective on the date that is 7 years after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1411. Mr. RISCH submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end, add the following:

    DIVISION C--REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR 
                             UKRAINIANS ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Rebuilding Economic 
     Prosperity and Opportunity for Ukrainians Act'' or the ``REPO 
     for Ukrainians Act''.

     SEC. 4002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) G7.--The term ``G7'' means the countries that are 
     members of the informal Group of 7, including Canada, France, 
     Germany, Italy, Japan, the United Kingdom, and the United 
     States.
       (3) Russian sovereign asset.--The term ``Russian sovereign 
     asset'' means funds and other property of--
       (A) the Central Bank of the Russian Federation;
       (B) the National Wealth Fund of the Russian Federation; or
       (C) the Ministry of Finance of the Russian Federation.
       (4) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.

 TITLE I--SEIZURE, TRANSFER, CONFISCATION, AND REPURPOSING OF RUSSIAN 
                            SOVEREIGN ASSETS

     SEC. 4101. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) On February 20, 2014, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by engaging in a pre-meditated and illegal 
     invasion of Ukraine.
       (2) On February 24, 2022, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by engaging in a pre-meditated, second illegal 
     invasion of Ukraine.
       (3) The international community has condemned the illegal 
     invasions of Ukraine by the Russian Federation, as well as 
     the commission of war crimes by the Russian Federation, 
     including through the deliberate targeting of civilians and 
     civilian infrastructure, the commission of sexual violence, 
     and the forced deportation of Ukrainian children.
       (4) The leaders of the G7 have called the Russian 
     Federation's ``unprovoked and completely unjustified attack 
     on the democratic state of Ukraine'' a ``serious violation of 
     international law and a grave breach of the United Nations 
     Charter and all commitments Russia entered in the Helsinki 
     Final Act and the Charter of Paris and its commitments in the 
     Budapest Memorandum''.
       (5) On March 2, 2022, the United Nations General Assembly 
     adopted Resolution ES-11/1, entitled ``Aggression against 
     Ukraine'', by a vote of 141 to 5. That resolution 
     ``deplore[d] in the strongest terms the aggression by the 
     Russian Federation against Ukraine in violation of Article 
     2(4) of the [United Nations] Charter'' and demanded that the 
     Russian Federation ``immediately cease its use of force 
     against Ukraine'' and ``immediately, completely and 
     unconditionally withdraw all of its military forces from the 
     territory of Ukraine within its internationally recognized 
     borders''.
       (6) On March 16, 2022, the International Court of Justice 
     issued provisional measures ordering the Russian Federation 
     to ``immediately suspend the military operations that it 
     commenced on 24 February 2022 in the territory of Ukraine''.
       (7) The Russian Federation bears international legal 
     responsibility for its aggression against Ukraine and, under 
     international law, must cease its internationally wrongful 
     acts. Because of this breach of the prohibition on aggression 
     under international law, the United States is legally 
     entitled to take countermeasures that are proportionate and 
     aimed at inducing the Russian Federation to comply with its 
     international obligations.
       (8) On November 14, 2022, the United Nations General 
     Assembly adopted a resolution--
       (A) recognizing that the Russian Federation must bear the 
     legal consequences of all of its internationally wrongful 
     acts, including making reparation for the injury, including 
     any damage, caused by such acts;
       (B) recognizing the need for the establishment of an 
     international mechanism for reparation for damage, loss, or 
     injury caused by the Russian Federation in or against 
     Ukraine; and
       (C) recommending creation of an international register of 
     such damage, loss, or injury.
       (9) Under international law, a country that is responsible 
     for an internationally wrongful act is under an obligation to 
     make full reparation for the injury caused. The Russian 
     Federation bears such an obligation to compensate Ukraine.
       (10) Approximately $300,000,000,000 of Russian sovereign 
     assets have been immobilized worldwide. Only a small fraction 
     of those assets--1 to 2 percent, or between $4,000,000,000 
     and $5,000,000,000--are reportedly subject to the 
     jurisdiction of the United States.
       (11) The vast majority of immobilized Russian sovereign 
     assets, approximately $190,000,000,000, are reportedly 
     subject to the jurisdiction of Belgium. The Government of 
     Belgium has publicly indicated that any action by that 
     Government regarding those assets would be predicated on 
     support by the G7.
       (b) Sense of Congress.--It is the sense of Congress that, 
     having committed an act of aggression, as recognized by the 
     United Nations General Assembly on March 2, 2022, the Russian 
     Federation is to be considered as an aggressor state. The 
     internationally wrongful acts taken by the Russian 
     Federation, including an act of aggression, present a unique 
     situation justifying the establishment of a mechanism to 
     compensate Ukraine and victims of aggression by the Russian 
     Federation in Ukraine.

     SEC. 4102. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE 
                   RUSSIAN FEDERATION PROVIDING COMPENSATION TO 
                   UKRAINE.

       It is the sense of Congress that--
       (1) the Russian Federation bears responsibility for the 
     financial burden of the reconstruction of Ukraine and for 
     countless other costs associated with the illegal invasion of 
     Ukraine by the Russian Federation that began on February 24, 
     2022;

[[Page S523]]

       (2) in the absence of a comprehensive peace agreement 
     addressing the Russian Federation's obligation to compensate 
     Ukraine for the cost of the Russian Federation's unlawful war 
     against Ukraine, the amount of money the Russian Federation 
     must pay Ukraine should be assessed by an international body 
     or mechanism charged with determining compensation and 
     providing assistance to Ukraine;
       (3) the Russian Federation is on notice of its opportunity 
     to comply with its international obligations, including 
     compensation, or, by agreement with the government of 
     independent Ukraine, authorize an international body or 
     mechanism to address those outstanding obligations with 
     authority to make binding decisions on parties that comply in 
     good faith;
       (4) the Russian Federation can, by negotiated agreement, 
     participate in any international process to assess the full 
     cost of the Russian Federation's unlawful war against Ukraine 
     and make funds available to compensate for damage, loss, and 
     injury arising from its internationally wrongful acts in 
     Ukraine, and if it fails to do so, the United States and 
     other countries should explore other avenues for ensuring 
     compensation to Ukraine, including confiscation and 
     repurposing of assets of the Russian Federation;
       (5) the President should continue to lead robust engagement 
     on all bilateral and multilateral aspects of the response by 
     the United States to efforts by the Russian Federation to 
     undermine the sovereignty and territorial integrity of 
     Ukraine, including on any policy coordination and alignment 
     regarding the disposition of Russian sovereign assets in the 
     context of compensation; and
       (6) any effort by the United States to confiscate and 
     repurpose Russian sovereign assets should be undertaken 
     alongside international allies and partners as part of a 
     coordinated, multilateral effort, including with G7 
     countries, the European Union, Australia, and other countries 
     in which Russian sovereign assets are located.

     SEC. 4103. PROHIBITION ON LIFTING SANCTIONS ON IMMOBILIZED 
                   RUSSIAN SOVEREIGN ASSETS.

       (a) In General.--Notwithstanding any other provision of 
     law, no Russian sovereign asset that is blocked or 
     immobilized by the Department of the Treasury pursuant to 
     sanctions imposed before the date described in section 
     4104(h) may be released or mobilized until the President 
     certifies to the appropriate congressional committees in 
     writing that--
       (1) the Russian Federation has reached an agreement 
     relating to the respective withdrawal of Russian forces and 
     cessation of military hostilities that is accepted by the 
     free and independent Government of Ukraine; and
       (2)(A) full compensation has been made to Ukraine for harms 
     resulting from the invasion of Ukraine by the Russian 
     Federation; or
       (B) the Russian Federation is participating in a bona fide 
     international mechanism that, by agreement, will discharge 
     the obligations of the Russian Federation to compensate 
     Ukraine for all amounts determined to be owed to Ukraine.
       (b) Notification.--Not later than 30 days before the 
     lifting of sanctions with respect to Russian sovereign assets 
     as described in subsection (a), the President shall submit to 
     the appropriate congressional committees--
       (1) a written notification of the decision to lift the 
     sanctions; and
       (2) a justification in writing for lifting the sanctions.
       (c) Joint Resolution of Disapproval.--
       (1) In general.--Sanctions may not be lifted with respect 
     to Russian sovereign assets as described in subsection (a) 
     if, within 30 days of receipt of the notification and 
     justification required under subsection (b), a joint 
     resolution is enacted prohibiting the lifting of the 
     sanctions.
       (2) Expedited procedures.--Any joint resolution described 
     in paragraph (1) introduced in either House of Congress shall 
     be considered in accordance with the provisions of section 
     601(b) of the International Security Assistance and Arms 
     Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765), 
     except that any such resolution shall be subject to germane 
     amendments. If such a joint resolution should be vetoed by 
     the President, the time for debate in consideration of the 
     veto message on such measure shall be limited to 20 hours in 
     the Senate and in the House of Representatives shall be 
     determined in accordance with the Rules of the House.
       (d) Cooperation on Prohibition of Lifting Sanctions on 
     Certain Russian Sovereign Assets.--The President may take 
     such action as may be necessary to seek to obtain and enter 
     into an agreement between the United States, Ukraine, and 
     other countries that have blocked or immobilized Russian 
     sovereign assets to prohibit such assets from being released 
     or mobilized until there is an agreement that addresses the 
     Russian Federation's obligation to compensate Ukraine.

     SEC. 4104. AUTHORITY TO SEIZE, CONFISCATE, TRANSFER, AND VEST 
                   RUSSIAN SOVEREIGN ASSETS.

       (a) Reporting on Russian Sovereign Assets.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter until the 
     date described in subsection (h), the President shall submit 
     to the appropriate congressional committees a report 
     detailing the status of Russian sovereign assets subject to 
     the jurisdiction of the United States, including the 
     information with respect to such assets required to be 
     included with respect to property in the reports required by 
     Directive 4.
       (2) Continuation in effect of reporting requirements.--Any 
     requirement to submit reports under Directive 4 shall remain 
     in effect until the date described in subsection (h).
       (3) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (4) Directive 4 defined.--In this subsection, the term 
     ``Directive 4'' means Directive 4 issued by the Office of 
     Foreign Assets Control under Executive Order 14024 (50 U.S.C. 
     1701 note; relating to blocking property with respect to 
     specified harmful foreign activities of the Government of the 
     Russian Federation), as in effect on the date of the 
     enactment of this Act.
       (b) Seizure, Transfer, Vesting, and Confiscation.--
       (1) In general.--On and after the date that is 30 days 
     after the President submits to the appropriate congressional 
     committees the certification described in subsection (c), the 
     President may seize, confiscate, transfer, or vest any 
     Russian sovereign assets, in whole or in part, and including 
     any interest or interests in such assets, subject to the 
     jurisdiction of the United States.
       (2) Vesting.--For funds confiscated under paragraph (1), 
     all right, title, and interest in Russian sovereign assets 
     shall vest in the Government of the United States.
       (3) Liquidation and deposit.--The President may--
       (A) deposit any funds seized, transferred, or confiscated 
     under paragraph (1) into the Ukraine Support Fund established 
     under subsection (d);
       (B) liquidate or sell any other property seized, 
     transferred, or confiscated under paragraph (1) and deposit 
     the funds resulting from such liquidation or sale into the 
     Ukraine Support Fund; and
       (C) make all such funds available for the purposes 
     described in subsection (e).
       (4) Method of seizure, transfer, or confiscation.--The 
     President may seize, transfer, or confiscate Russian 
     sovereign assets under paragraph (1) through instructions or 
     licenses or in such other manner as the President determines 
     appropriate.
       (c) Certification.--The certification described in this 
     subsection, with respect to Russian sovereign assets, is a 
     certification that--
       (1) seizing, confiscating, or transferring the Russian 
     sovereign assets for the benefit of Ukraine is in the 
     national interests of the United States;
       (2) either--
       (A) the Russian Federation has not ceased its unlawful 
     aggression against Ukraine; or
       (B) the Russian Federation has not provided full 
     compensation to Ukraine for harms resulting from Russian 
     aggression; and
       (3) the President has meaningfully coordinated with G7 
     leaders to take multilateral action with regard to any 
     seizure, confiscation, or transfer of Russian sovereign 
     assets for the benefit of Ukraine.
       (d) Establishment of the Ukraine Support Fund.--
       (1) In general.--The President shall establish an account, 
     to be known as the ``Ukraine Support Fund'', to consist of 
     funds deposited into the account under subsection (b).
       (2) Use of funds.--The funds in the account established 
     under paragraph (1) shall be available to be used only as 
     specified in subsection (e).
       (3) Supplement not supplant.--Amounts in the account 
     established under paragraph (1) shall supplement and not 
     supplant other amounts made available to provide assistance 
     to Ukraine.
       (e) Use of Assets.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     funds in the Ukraine Support Fund shall be available to the 
     Secretary of State, in consultation with the Administrator of 
     the United States Agency for International Development, to 
     provide assistance to Ukraine to address damage resulting 
     from the unlawful invasion by the Russian Federation that 
     began on February 24, 2022, including through contributions 
     to an international body or mechanism charged with 
     determining compensation and providing assistance to Ukraine.
       (2) Coordination with foreign assistance funds.--
       (A) In general.--Funds in the Ukraine Support Fund may be 
     transferred to, and merged with, funds made available to 
     carry out any provision of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2151 et seq.) to carry out the purposes of this 
     section, except that funds from the Ukraine Support Fund 
     shall remain available until expended. Any funds transferred 
     pursuant to this subparagraph may be considered foreign 
     assistance under the Foreign Assistance Act of 1961 for 
     purposes of making available the administrative authorities 
     in that Act.
       (B) Use for direct loans.--Notwithstanding section 504(b) 
     of the Congressional Budget Act of 1974 (2 U.S.C. 661c(b)), 
     funds in the Ukraine Support Fund may be made available, 
     subject to such terms and conditions as the Secretary of 
     State deems necessary, for the principal for direct loans for 
     Ukraine and costs, as defined in section 502 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a), of such 
     loans.
       (3) Notification.--

[[Page S524]]

       (A) In general.--The Secretary of State shall notify the 
     appropriate congressional committees not fewer than 15 days 
     before providing any funds from the Ukraine Support Fund to 
     the Government of Ukraine or to any other person or 
     international organization for the purposes described in 
     paragraph (1), other than funds authorized to be provided as 
     assistance under section 491 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2292).
       (B) Elements.--A notification under subparagraph (A) with 
     respect to the provision of funds to the Government of 
     Ukraine shall specify--
       (i) the amount of funds to be provided;
       (ii) the purpose for which such funds are provided; and
       (iii) the recipient.
       (4) Prohibition of provision of funds to the russian 
     federation or sanctioned persons.--Notwithstanding any other 
     provision of law, funds from the Ukraine Support Fund may not 
     under any circumstances be provided to--
       (A) the Government of the Russian Federation;
       (B) a foreign person with respect to which the United 
     States has imposed sanctions;
       (C) a foreign person owned or controlled by--
       (i) the Government of the Russian Federation;
       (ii) a Russian person with respect to which the United 
     States has imposed sanctions; or
       (D) any person in which the Government of the Russian 
     Federation or a person described in subparagraph (B) has a 
     direct or indirect interest; or
       (E) any person that may act in the interest of the 
     Government of the Russian Federation.
       (f) Judicial Review.--
       (1) Exclusiveness of remedy.--Notwithstanding any other 
     provision of law, any action taken under this section shall 
     not be subject to judicial review, except as provided in this 
     subsection.
       (2) Limitations for filing claims.--A claim may only be 
     brought with respect to an action under this section--
       (A) that alleges that the action will deny rights under the 
     Constitution of the United States; and
       (B) if the claim is brought not later than 60 days after 
     the date of such action.
       (3) Jurisdiction.--
       (A) In general.--A claim under paragraph (2) of this 
     subsection shall be barred unless a complaint is filed prior 
     to the expiration of such time limits in the United States 
     District Court for the District of Columbia.
       (B) Appeal.--An appeal of an order of the United States 
     District Court for the District of Columbia issued pursuant 
     to a claim brought under this subsection shall be taken by a 
     notice of appeal filed with the United States Court of 
     Appeals for the District of Columbia Circuit not later than 
     10 days after the date on which the order is entered.
       (C) Expedited consideration.--It shall be the duty of the 
     United States District Court for the District of Columbia and 
     the United States Court of Appeals for the District of 
     Columbia Circuit to advance on the docket and to expedite to 
     the greatest possible extent the disposition of any claim 
     brought under this subsection.
       (g) Exception for United States Obligations Under 
     International Agreements.--The authorities provided by this 
     section may not be exercised in a manner inconsistent with 
     the obligations of the United States under--
       (1) the Convention on Diplomatic Relations, done at Vienna 
     April 18, 1961, and entered into force April 24, 1964 (23 UST 
     3227);
       (2) the Convention on Consular Relations, done at Vienna 
     April 24, 1963, and entered into force on March 19, 1967 (21 
     UST 77);
       (3) the Agreement Regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947 (TIAS 1676); or
       (4) any other international agreement--
       (A) governing the use of force or establishing rights under 
     international humanitarian law; and
       (B) to which the United States is a state party on the day 
     before the date of the enactment of this Act.
       (h) Sunset.--The authority to seize, transfer, confiscate, 
     or vest Russian sovereign assets under this section shall 
     terminate on the earlier of--
       (1) the date that is 6 years after the date of the 
     enactment of this Act; or
       (2) the date that is 120 days after the date on which the 
     President determines and certifies to the appropriate 
     congressional committees that--
       (A) the Russian Federation has reached an agreement 
     relating to the respective withdrawal of Russian forces and 
     cessation of military hostilities that is accepted by the 
     free and independent Government of Ukraine; and
       (B)(i) full compensation has been made to Ukraine for harms 
     resulting from the invasion of Ukraine by the Russian 
     Federation;
       (ii) the Russian Federation is participating in a bona fide 
     international mechanism that, by agreement, addresses the 
     obligations of the Russian Federation to compensate Ukraine; 
     or
       (iii) the Russian Federation's obligation to compensate 
     Ukraine for the damage caused by the Russian Federation's 
     aggression has been resolved pursuant to an agreement between 
     the Russian Federation and the Government of Ukraine.

     SEC. 4105. INTERNATIONAL MECHANISM TO USE RUSSIAN SOVEREIGN 
                   ASSETS TO PROVIDE FOR THE RECONSTRUCTION OF 
                   UKRAINE.

       (a) In General.--The President shall take steps the 
     President determines are appropriate to coordinate with the 
     G7, the European Union, Australia, and other partners and 
     allies of the United States regarding the disposition of 
     immobilized Russian sovereign assets, such as by seeking to 
     establish a coordinated international compensation mechanism 
     with foreign partners, including Ukraine, the G7, the 
     European Union, Australia, and other partners and allies of 
     the United States, which may include the establishment of an 
     international fund, to be known as the ``Common Ukraine 
     Fund'', that uses assets in the Ukraine Support Fund 
     established under section 4104(d) and contributions from 
     foreign partners to allow for compensation for Ukraine, 
     including by--
       (1) supporting a register of damage to serve as a record of 
     evidence and for assessment of the full costs of damages to 
     Ukraine resulting from the invasion of Ukraine by the Russian 
     Federation that began on February 24, 2022;
       (2) establishing a mechanism for compensating Ukraine for 
     damages resulting from that invasion;
       (3) ensuring distribution of those assets or the proceeds 
     of those assets based on determinations under that mechanism; 
     and
       (4) taking such other actions as may be necessary to carry 
     out this section.
       (b) Authorization for Deposit.--Upon the President reaching 
     an agreement or arrangement to establish a common 
     international compensation mechanism pursuant to subsection 
     (a), the Secretary of State may transfer funds from the 
     Ukraine Support Fund established under section 4104(d) to a 
     fund or mechanism established consistent with subsection (a).
       (c) Notifications.--
       (1) Agreement or arrangement.--The President shall notify 
     the appropriate congressional committees not later than 30 
     days before entering into any new bilateral or multilateral 
     agreement or arrangement under subsection (a).
       (2) Transfer.--The President shall notify the appropriate 
     congressional committees not later than 30 days before any 
     transfer from the Ukraine Support Fund to a fund established 
     consistent with subsection (a).
       (d) Good Governance.--The Secretary of State, in 
     consultation with the Secretary of the Treasury, shall--
       (1) seek to ensure that any fund or mechanism established 
     consistent with subsection (a) operates in accordance with 
     established international accounting principles;
       (2) seek to ensure that any such fund or mechanism is--
       (A) staffed, operated, and administered in accordance with 
     established accounting rules and governance procedures, 
     including a mechanism for the governance and operation of the 
     fund or mechanism;
       (B) operated transparently as to all funds transfers, 
     filings, and decisions; and
       (C) audited on a regular basis by an independent auditor, 
     in accordance with internationally accepted accounting and 
     auditing standards;
       (3) seek to ensure that any audits of any such fund or 
     mechanism are made available to the public; and
       (4) ensure that any audits of any such fund or mechanism 
     are reviewed and reported on by the Government Accountability 
     Office to the appropriate congressional committees and the 
     public.
       (e) Limitation on Transfer of Funds.--No funds may be 
     transferred from the Ukraine Support Fund to a fund or 
     mechanism established consistent with subsection (a) unless 
     the President certifies to the appropriate congressional 
     committees that--
       (1) the institution housing the fund or mechanism has a 
     plan to ensure transparency and accountability for all funds 
     transferred to and from the Common Ukraine Fund; and
       (2) the President has transmitted the plan required under 
     paragraph (1) to the appropriate congressional committees in 
     writing.
       (f) Joint Resolution of Disapproval.--No funds may be 
     transferred from the Ukraine Support Fund to a fund or 
     mechanism established consistent with subsection (a) if, 
     within 30 days of receipt of the notification required under 
     subsection (c)(2), a joint resolution is enacted prohibiting 
     the transfer.
       (g) Report.--Not later than 90 days after the date of the 
     enactment of this Act, and not less frequently than every 90 
     days thereafter, the President shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) An accounting of funds in any fund or mechanism 
     established consistent with subsection (a).
       (2) Any information regarding the disposition of any such 
     fund or mechanism that has been transmitted to the President 
     by the institution housing the fund or mechanism during the 
     period covered by the report.
       (3) A description of United States multilateral and 
     bilateral diplomatic engagement with allies and partners of 
     the United States that also have immobilized Russian 
     sovereign assets to allow for compensation for Ukraine during 
     the period covered by the report.
       (4) An outline of steps taken to carry out this section 
     during the period covered by the report.

[[Page S525]]

  


     SEC. 4106. REPORT ON USE OF RUSSIAN SOVEREIGN ASSETS.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 180 days thereafter, the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) the amount and source of Russian sovereign assets 
     seized, transferred, or confiscated pursuant to subsection 
     (b)(1) of section 4104;
       (2) the amount and source of funds transferred into the 
     Ukraine Support Fund under subsection (b)(3) of that section; 
     and
       (3) a detailed description and accounting of how such funds 
     were used to meet the purposes described in subsection (e) of 
     that section.

     SEC. 4107. REPORT ON IMMOBILIZED ASSETS OF THE CENTRAL BANK 
                   OF THE RUSSIAN FEDERATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Board of Governors of the Federal 
     Reserve, the Federal Deposit Insurance Corporation, the 
     Office of the Comptroller of the Currency, the National 
     Credit Union Administration, the Securities and Exchange 
     Commission, and the Commodity Futures Trading Commission, 
     shall submit to the appropriate congressional committees a 
     report that includes--
       (1) the best available accounting of the location, value, 
     and denomination of blocked and immobilized assets of the 
     Central Bank of the Russian Federation, as well as any 
     additional assets of that bank held outside of the Russian 
     Federation;
       (2) with respect to blocked and immobilized assets of the 
     Central Bank of the Russian Federation--
       (A) a break down of those assets by the country or 
     jurisdiction in which such assets are located;
       (B) an estimate of the value and denomination of the assets 
     held in each such country or jurisdiction; and
       (C) an identification of whether those assets are 
     securities, deposits, or other assets;
       (3) an estimate, to the extent feasible, of--
       (A) the total income received from those assets since the 
     dates that the assets were blocked or immobilized; and
       (B) the approximate amounts of those assets that are 
     securities and have matured or expired; and
       (4) an assessment of--
       (A) what may have happened to the securities described in 
     paragraph (3)(B); and
       (B) how the funds from maturing securities have been 
     reinvested and the associated income flows.
       (b) Addressing Uncertainty.--In preparing the report 
     required by subsection (a), the Secretary shall--
       (1) where exact figures are uncertain, provide approximate 
     ranges for those figures; and
       (2) identify areas of uncertainty or gaps in accounting, 
     including areas where the Central Bank of the Russian 
     Federation may have additional assets outside of the Russian 
     Federation.
       (c) Coordination With Allies.--The Secretary shall work 
     with the G7 and other allies of the United States to obtain 
     the information necessary to ensure that the report submitted 
     under subsection (a) is comprehensive. A joint report by the 
     Secretary and such allies shall satisfy the requirements of 
     this subsection.
       (d) Form.--
       (1) In general.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (2) Focus on public availability of information.--In 
     preparing the report required by subsection (a), the 
     Secretary shall maximize the amount of information that is 
     included in the unclassified portion of the report.

     SEC. 4108. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR 
                   OF UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT ON RECONSTRUCTION AND REBUILDING 
                   NEEDS OF UKRAINE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of the Treasury and 
     Administrator of the United States Agency for International 
     Development, shall submit to the appropriate congressional 
     committees an assessment of the most pressing needs of 
     Ukraine for reconstruction, rebuilding, security assistance, 
     and humanitarian aid.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) An estimate of the rebuilding and reconstruction needs 
     of Ukraine, as of the date of the assessment, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation, 
     including--
       (A) a description of the sources and methods for the 
     estimate; and
       (B) an identification of the locations or regions in 
     Ukraine with the most pressing needs.
       (2) An estimate of the humanitarian needs, as of the date 
     of the assessment, of the people of Ukraine, including 
     Ukrainians residing inside the internationally recognized 
     borders of Ukraine or outside those borders, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation.
       (3) An assessment of the extent to which the needs 
     described in paragraphs (1) and (2) have been met or funded, 
     by any source, as of the date of the assessment.
       (4) A plan to engage in robust multilateral and bilateral 
     diplomacy to ensure that allies and partners of the United 
     States, particularly in the European Union as Ukraine seeks 
     accession, increase their commitment to Ukraine's 
     reconstruction.
       (5) An identification of which such needs should be 
     prioritized, including any assessment or request by the 
     Government of Ukraine with respect to the prioritization of 
     such needs.

     SEC. 4109. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements under 
     this title shall not include the authority or a requirement 
     to impose sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

TITLE II--MULTILATERAL COORDINATION AND COUNTERING MALIGN ACTIVITIES OF 
                         THE RUSSIAN FEDERATION

     SEC. 4201. STATEMENT OF POLICY REGARDING MULTILATERAL 
                   COORDINATION WITH RESPECT TO THE RUSSIAN 
                   FEDERATION.

       (a) In General.--In response to the Russian Federation's 
     unprovoked and illegal invasion of Ukraine, it is the policy 
     of the United States that--
       (1) the United States, along with the European Union, the 
     G7, Australia, and other willing allies and partners of the 
     United States, should continue to lead a coordinated 
     international sanctions regime to freeze sovereign assets of 
     the Russian Federation;
       (2) the Secretary of State should continue to engage in 
     interagency and multilateral coordination with agencies of 
     the European Union, the G7, Australia, and other allies and 
     partners of the United States on efforts related to 
     countering the Russian Federation, including efforts related 
     to the confiscation and repurposing of Russian sovereign 
     assets, as well as to ensure the ongoing implementation and 
     enforcement of sanctions with respect to the Russian 
     Federation in response to its invasion of Ukraine;
       (3) the Secretary of State, in consultation with the 
     Secretary of the Treasury, should, to the extent practicable 
     and consistent with relevant United States law, continue to 
     lead and coordinate with the European Union, the G7, 
     Australia, and other allies and partners of the United States 
     with respect to enforcement of sanctions imposed with respect 
     to the Russian Federation;
       (4) the United States should continue to provide relevant 
     technical assistance, implementation guidance, and support 
     relating to enforcement and implementation of sanctions 
     imposed with respect to the Russian Federation;
       (5) where appropriate, the Secretary of State, in 
     consultation with the Secretary of the Treasury, should 
     continue to seek private sector input regarding sanctions 
     policy with respect to the Russian Federation and the 
     implementation of and compliance with such sanctions imposed 
     with respect to the Russian Federation; and
       (6) the Secretary of State, in coordination with the 
     Secretary of the Treasury, should continue robust diplomatic 
     engagement with allies and partners of the United States, 
     including the European Union, the G7, and Australia, to 
     encourage such allies and partners to continue to take 
     appropriate actions against the Russian Federation, including 
     the imposition of sanctions.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $15,000,000 for each of fiscal years 
     2025, 2026, and 2027, to carry out this section.
       (2) Supplement not supplant.--The amounts authorized to be 
     appropriated by paragraph (1) shall supplement and not 
     supplant other amounts authorized to be appropriated for the 
     Department of State.

     SEC. 4202. INFORMATION ON VOTING PRACTICES IN THE UNITED 
                   NATIONS WITH RESPECT TO THE INVASION OF UKRAINE 
                   BY THE RUSSIAN FEDERATION.

       Section 406(b) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 2414a(b)), is amended--
       (1) in paragraph (4), by striking ``Assembly on'' and all 
     that follows through ``opposed by the United States;'' and 
     inserting the following: ``Assembly on--
       ``(A) resolutions specifically related to Israel that are 
     opposed by the United States; and
       ``(B) resolutions specifically related to the invasion of 
     Ukraine by the Russian Federation;'';
       (2) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (3) by redesignating paragraph (6) as paragraph (7); and
       (4) by inserting after paragraph (5) the following:
       ``(6) an analysis and discussion, prepared in consultation 
     with the Secretary of State, of the extent to which member 
     countries supported United States policy objectives in the 
     Security Council and the General Assembly with respect to the 
     invasion of Ukraine by the Russian Federation; and''.

     SEC. 4203. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO 
                   REMEDIATE HARMS TO UKRAINE FROM RUSSIAN 
                   AGGRESSION.

       (a) In General.--Section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023 (division M of Public 
     Law 117-328; 136 Stat. 5200) is amended--

[[Page S526]]

       (1) in subsection (a), by inserting ``from any forfeiture 
     fund'' after ``The Attorney General may transfer''; and
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``which property 
     belonged'' and all that follows and inserting the following: 
     ``which property--
       ``(A) belonged to, was possessed by, or was controlled by a 
     person the property or interests in property of which were 
     blocked pursuant to any covered legal authority;
       ``(B) was involved in an act in violation of, or a 
     conspiracy or scheme to violate or cause a violation of--
       ``(i) any covered legal authority; or
       ``(ii) any restriction on the export, reexport, or in-
     country transfer of items imposed by the United States under 
     the Export Administration Regulations, or any restriction on 
     the export, reexport, or retransfer of defense articles under 
     the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations, with respect to--

       ``(I) the Russian Federation, Belarus, the Crimea region of 
     Ukraine, or the so-called Donetsk and Luhansk People's 
     Republic regions of Ukraine;
       ``(II) any person in any such country or region on a 
     restricted parties list; or
       ``(III) any person located in any other country that has 
     been added to a restricted parties list in connection with 
     the malign conduct of the Russian Federation in Ukraine, 
     including the annexation of the Crimea region of Ukraine in 
     March 2014 and the invasion beginning in February 2022 of 
     Ukraine, as substantially enabled by Belarus; or

       ``(C) was involved in any related conspiracy, scheme, or 
     other Federal offense arising from the actions of, or doing 
     business with or acting on behalf of, the Russian Federation, 
     Belarus, or the Crimea region of Ukraine, or the so-called 
     Donetsk and Luhansk People's Republic regions of Ukraine.''; 
     and
       (B) by adding at the end the following:
       ``(3) The term `covered legal authority' means any license, 
     order, regulation, or prohibition imposed by the United 
     States under the authority provided by the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any 
     other provision of law, with respect to--
       ``(A) the Russian Federation;
       ``(B) the national emergency--
       ``(i) declared in Executive Order 13660 (50 U.S.C. 1701 
     note; relating to blocking property of certain persons 
     contributing to the situation in Ukraine);
       ``(ii) expanded by--

       ``(I) Executive Order 13661 (50 U.S.C. 1701 note; relating 
     to blocking property of additional persons contributing to 
     the situation in Ukraine); and
       ``(II) Executive Order 13662 (50 U.S.C. 1701 note; relating 
     to blocking property of additional persons contributing to 
     the situation in Ukraine); and

       ``(iii) relied on for additional steps taken in Executive 
     Order 13685 (50 U.S.C. 1701 note; relating to blocking 
     property of certain persons and prohibiting certain 
     transactions with respect to the Crimea region of Ukraine);
       ``(C) the national emergency, as it relates to the Russian 
     Federation--
       ``(i) declared in Executive Order 13694 (50 U.S.C. 1701 
     note; relating to blocking the property of certain persons 
     engaging in significant malicious cyber-enabled activities); 
     and
       ``(ii) relied on for additional steps taken in Executive 
     Order 13757 (50 U.S.C. 1701 note; relating to taking 
     additional steps to address the national emergency with 
     respect to significant malicious cyber-enabled activities);
       ``(D) the national emergency--
       ``(i) declared in Executive Order 14024 (50 U.S.C. 1701 
     note; relating to blocking property with respect to specified 
     harmful foreign activities of the Government of the Russian 
     Federation);
       ``(ii) expanded by Executive Order 14066 (50 U.S.C. 1701 
     note; relating to prohibiting certain imports and new 
     investments with respect to continued Russian Federation 
     efforts to undermine the sovereignty and territorial 
     integrity of Ukraine); and
       ``(iii) relied on for additional steps taken in--

       ``(I) Executive Order 14039 (22 U.S.C. 9526 note; relating 
     to blocking property with respect to certain Russian energy 
     export pipelines);
       ``(II) Executive Order 14068 (50 U.S.C. 1701 note; relating 
     to prohibiting certain imports, exports, and new investment 
     with respect to continued Russian Federation aggression); and
       ``(III) Executive Order 14071 (50 U.S.C. 1701 note; 
     relating to prohibiting new investment in and certain 
     services to the Russian Federation in response to continued 
     Russian Federation aggression); and

       ``(iv) which may be expanded or relied on in future 
     Executive orders; or
       ``(E) actions or policies that undermine the democratic 
     processes and institutions in Ukraine or threaten the peace, 
     security, stability, sovereignty, or territorial integrity of 
     Ukraine.
       ``(4) The term `Export Administration Regulations' has the 
     meaning given that term in section 1742 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801).
       ``(5) The term `restricted parties list' means any of the 
     following lists maintained by the Bureau of Industry and 
     Security:
       ``(A) The Entity List set forth in Supplement No. 4 to part 
     744 of the Export Administration Regulations.
       ``(B) The Denied Persons List maintained pursuant to 
     section 764.3(a)(2) of the Export Administration Regulations.
       ``(C) The Unverified List set forth in Supplement No. 6 to 
     part 744 of the Export Administration Regulations.''.
       (b) Semiannual Reports.--Such section is further amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Not later than 180 days after the date of the 
     enactment of the Rebuilding Economic Prosperity and 
     Opportunity for Ukrainians Act, and every 180 days 
     thereafter, the Secretary of State, in consultation with the 
     Attorney General and the Secretary of the Treasury, shall 
     submit to the appropriate congressional committees a report 
     on progress made in remediating the harms of Russian 
     aggression toward Ukraine as a result of transfers made under 
     subsection (a).''.
       (c) Plan Required.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Attorney General, in 
     consultation with the Secretary of the Treasury and the 
     Secretary of State, shall submit to the appropriate 
     congressional committees a plan for using the authority 
     provided by section 1708 of the Additional Ukraine 
     Supplemental Appropriations Act, 2023, as amended by this 
     section.
       (2) Appropriate congressional committees defined.--In this 
     section, the term ``appropriate congressional committees'' 
     has the meaning given that term by section 1708 of the 
     Additional Ukraine Supplemental Appropriations Act, 2023, as 
     amended by this section.

     SEC. 4204. EXTENSION.

       Section 5(a) of the Elie Wiesel Genocide and Atrocities 
     Prevention Act of 2018 (Public Law 115-441; 132 Stat. 5587) 
     is amended, in the matter preceding paragraph (1), by 
     striking ``six years'' and inserting ``12 years''.

     SEC. 4205. RECOGNITION OF RUSSIAN ACTIONS IN UKRAINE AS A 
                   GENOCIDE.

       (a) Findings.--Congress finds the following:
       (1) The Russian Federation's illegal, premeditated, 
     unprovoked, and brutal war against Ukraine includes 
     extensive, systematic, and flagrant atrocities against the 
     people of Ukraine.
       (2) Article II of the Convention on the Prevention and 
     Punishment of the Crime of Genocide (in this section referred 
     to as the ``Genocide Convention''), adopted and opened for 
     signature in 1948 and entered into force in 1951, defines 
     genocide as ``any of the following acts committed with intent 
     to destroy, in whole or in part, a national, ethnical, racial 
     or religious group, as such: (a) Killing members of the 
     group; (b) Causing serious bodily or mental harm to members 
     of the group; (c) Deliberately inflicting on the group 
     conditions of life calculated to bring about its physical 
     destruction in whole or in part; (d) Imposing measures 
     intended to prevent births within the group; (e) Forcibly 
     transferring children of the group to another group''.
       (3) On October 3, 2018, the Senate unanimously agreed to 
     Senate Resolution 435, 115th Congress, which commemorated the 
     85th anniversary of the Holodomor and ``recognize[d] the 
     findings of the Commission on the Ukraine Famine as submitted 
     to Congress on April 22, 1988, including that `Joseph Stalin 
     and those around him committed genocide against the 
     Ukrainians in 1932-1933' ''.
       (4) Substantial and significant evidence documents 
     widespread, systematic actions against the Ukrainian people 
     committed by Russian forces under the direction of political 
     leadership of the Russian Federation that meet one or more of 
     the criteria under article II of the Genocide Convention, 
     including--
       (A) killing members of the Ukrainian people in mass 
     atrocities through deliberate and regularized murders of 
     fleeing civilians and civilians in passing as well as 
     purposeful targeting of homes, schools, hospitals, shelters, 
     and other residential and civilian areas;
       (B) causing serious bodily or mental harm to members of the 
     Ukrainian people by launching indiscriminate attacks against 
     civilians and civilian areas, conducting willful strikes on 
     humanitarian evacuation corridors, and employing widespread 
     and systematic sexual violence against Ukrainian civilians, 
     including women, children, and men;
       (C) deliberately inflicting upon the Ukrainian people 
     conditions of life calculated to bring about their physical 
     destruction in whole or in part, including displacement due 
     to annihilated villages, towns, and cities left devoid of 
     food, water, shelter, electricity, and other basic 
     necessities, starvation caused by the destruction of 
     farmlands and agricultural equipment, the placing of Russian 
     landmines across thousands of acres of useable fields, and 
     blocking the delivery of humanitarian food aid;
       (D) imposing measures intended to prevent births among the 
     Ukrainian people, demonstrated by the Russian military's 
     expansive and direct targeting of maternity hospitals and 
     other medical facilities and systematic attacks against 
     residential and civilian areas as well as humanitarian 
     corridors intended to deprive Ukrainians of safe

[[Page S527]]

     havens within their own country and the material conditions 
     conducive to childrearing; and
       (E) forcibly mass transferring millions of Ukrainian 
     civilians, hundreds of thousands of whom are children, to the 
     Russian Federation or territories controlled by the Russian 
     Federation.
       (5) The intent of the Russian Federation and those acting 
     on its behalf in favor of those heinous crimes against 
     humanity has been demonstrated through frequent 
     pronouncements and other forms of official communication 
     denying Ukrainian nationhood, including President Putin's 
     ahistorical claims that Ukraine is part of a ``single whole'' 
     Russian nation with ``no historical basis'' for being an 
     independent country.
       (6) Some Russian soldiers and brigades accused of 
     committing war crimes in Bucha, Ukraine, and elsewhere were 
     rewarded with medals by President Putin.
       (7) The Russian state-owned media outlet RIA Novosti 
     published the article ``What Should Russia do with Ukraine'', 
     which outlines ``de-Nazification'' as meaning ``de-
     Ukrainianization'' or the destruction of Ukraine and 
     rejection of the ``ethnic component'' of Ukraine.
       (8) Article I of the Genocide Convention confirms ``that 
     genocide, whether committed in time of peace or in time of 
     war, is a crime under international law which [the 
     Contracting Parties] undertake to prevent and to punish''.
       (9) Although additional documentation and analysis of 
     atrocities committed by the Russian Federation in Ukraine may 
     be needed to punish those responsible, the substantial and 
     significant documentation already undertaken, combined with 
     statements showing intent, compel urgent action to prevent 
     future acts of genocide.
       (10) The Global Magnitsky Human Rights Accountability Act 
     (22 U.S.C. 10101 et seq.) authorizes the President to impose 
     economic sanctions on, and deny entry into the United States 
     to, foreign individuals identified as engaging in gross 
     violations of internationally recognized human rights.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) those acting on behalf of the Russian Federation should 
     be condemned for committing acts of genocide against the 
     Ukrainian people;
       (2) the United States, in cooperation with allies in the 
     North Atlantic Treaty Organization and the European Union, 
     should undertake measures to support the Government of 
     Ukraine to prevent acts of Russian genocide against the 
     Ukrainian people;
       (3) tribunals and international criminal investigations 
     should be supported to hold Russian political leaders and 
     military personnel to account for a war of aggression, war 
     crimes, crimes against humanity, and genocide; and
       (4) the President should use the authorities under the 
     Global Magnitsky Human Rights Accountability Act (22 U.S.C. 
     10101 et seq.) to impose economic sanctions on those 
     responsible for, or complicit in, genocide in Ukraine by the 
     Russian Federation and those acting on its behalf.
                                 ______
                                 
  SA 1412. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CLARIFICATION OF ASYLUM ELIGIBILITY.

       (a) In General.--Section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``or who arrives in the 
     United States (whether or not at a designated port of arrival 
     and including'' and inserting ``and has arrived in the United 
     States at a port of entry (including''; and
       (B) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) Safe third country.--Paragraph (1) shall not apply to 
     an alien if the Attorney General or the Secretary of Homeland 
     Security determines that--
       ``(i) the alien may be removed to a country (other than the 
     country of the alien's nationality or, in the case of an 
     alien having no nationality, the country of the alien's last 
     habitual residence) in which the alien's life or freedom 
     would not be threatened on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion, and where the alien would have access to a 
     full and fair procedure for determining a claim to asylum or 
     equivalent temporary protection, unless the Attorney General 
     or the Secretary, on a case-by-case basis, finds that it is 
     in the public interest for the alien to receive asylum in the 
     United States; or
       ``(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 a victim 
     of a severe form of trafficking in which a commercial sex act 
     was induced by force, fraud, or coercion, or in which the 
     person induced to perform such act was under the age of 18 
     years; or in which 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 was 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.''; and

       (2) in subsection (b)--
       (A) in paragraph (1)(A), by inserting ``(in accordance with 
     the rules set forth in this section), and is eligible to 
     apply for asylum under subsection (a)'' before the semicolon 
     at the end; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Exceptions.--
       ``(A) 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 such terms 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 those phrases 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);

       ``(iv) the alien has been convicted of an offense arising 
     under paragraph (1)(A) or (2) of section 274(a), or under 
     section 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 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, 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 one 
     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--

[[Page S528]]

       ``(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 the 
     United States prior to the arrival of the alien 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 
     prior to 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.
       ``(B) Special rules.--
       ``(i) Particularly serious crime; serious nonpolitical 
     crime outside the united states.--

       ``(I) In general.--For purposes of subparagraph (A)(x), the 
     Attorney General or Secretary of Homeland Security, in their 
     discretion, 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 is 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 (as defined under this section) or an aggravated 
     felony (as defined under 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 (A)(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 (A)(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 (A)(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) Battery or extreme cruelty.--In making a 
     determination under subparagraph (A)(ix), the phrase `battery 
     or extreme cruelty' includes--

       ``(aa) any act or threatened act of violence, including any 
     forceful detention, which results or threatens to result in 
     physical or mental injury;
       ``(bb) psychological or sexual abuse or exploitation, 
     including rape, molestation, incest, or forced prostitution, 
     shall be considered acts of violence; and
       ``(cc) 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.

       ``(IV) Exception for victims of domestic violence.--An 
     alien who was convicted of an offense described in clause 
     (viii) or (ix) of subparagraph (A) is not ineligible for 
     asylum on that basis if the alien satisfies the criteria 
     under section 237(a)(7)(A).

       ``(C) 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.
       ``(D) Definitions and clarifications.--
       ``(i) Definitions.--In this paragraph:

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

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

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

       ``(aa) any crime defined as a misdemeanor by the relevant 
     jurisdiction (Federal, State, tribal, or local) of 
     conviction; or
       ``(bb) any crime not punishable by more than one year of 
     imprisonment.
       ``(ii) 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.--

       ``(aa) 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.
       ``(bb) Ameliorating immigration consequences.--For purposes 
     of item (aa)(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 one year 
     after the date of the original order of conviction or 
     sentencing, whichever is later.
       ``(cc) 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 effect under this paragraph, but 
     may consider such additional information as the immigration 
     judge determines appropriate.
       ``(E) Additional limitations.--The Secretary of Homeland 
     Security or the Attorney

[[Page S529]]

     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).
       ``(F) No judicial review.--There shall be no judicial 
     review of a determination of the Secretary of Homeland 
     Security or the Attorney General under subparagraph 
     (A)(xiii).''.
       (b) 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.''.
                                 ______
                                 
  SA 1413. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                         DIVISION __--REINS ACT

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Regulations from the 
     Executive in Need of Scrutiny Act of 2024''.

     SEC. __02. PURPOSE.

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

     SEC. __03. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

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

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

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

     ``Sec. 801. Congressional review

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

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

       ``(a)(1) For purposes of this section, the term `joint 
     resolution' means only a joint resolution addressing a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii) that--
       ``(A) bears no preamble;
       ``(B) bears the following title (with blanks filled as 
     appropriate): `Approving the rule submitted by ___ relating 
     to ___.';
       ``(C) includes after its resolving clause only the 
     following (with blanks filled as appropriate): `That Congress 
     approves the rule submitted by ___ relating to ___.'; and
       ``(D) is introduced pursuant to paragraph (2).
       ``(2) After a House of Congress receives a report 
     classifying a rule as major pursuant

[[Page S530]]

     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--
       ``(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--

[[Page S531]]

       ``(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. __04. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 
                   OF TITLE 5, UNITED STATES CODE.

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

     SEC. __05. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to determine, as of the date of 
     the enactment of this Act--
       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;
       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress that contains the 
     findings of the study conducted under subsection (a).
                                 ______
                                 
  SA 1414. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. DEFINITION OF FOOD; WAIVER OF ELIGIBILITY OF 
                   CERTAIN FOOD.

       (a) Definition of Food.--Section 3(k) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2012(k)) is amended--
       (1) in paragraph (1), by striking ``home consumption'' and 
     inserting ``home consumption, subject to section 11(y),''; 
     and
       (2) by inserting ``, any nonalcoholic beverage that is not 
     water, cow's milk, a milk-substitute beverage (such as almond 
     milk, soy milk, and coconut milk), or 100 percent juice, 
     snack and dessert food items (as described in the 
     supplemental guidance document of the Food and Nutrition 
     Service, effective as of March 5, 2018, entitled `Accessory 
     Foods List'),'' before ``tobacco''.
       (b) Waiver of Eligibility of Certain Food.--Section 11 of 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended 
     by adding at the end the following:
       ``(y) Waiver of Eligibility of Certain Food.--The Secretary 
     shall permit a State agency, on request of the State agency, 
     to prohibit the use of benefits to purchase food that the 
     applicable State nutrition agency determines to be unhealthy 
     food.''.
                                 ______
                                 
  SA 1415. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 61, between lines 12 and 13, insert the following:

     SEC. 709. UKRAINE AID OVERSIGHT.

       (a) Short Title.--This section may be cited as the 
     ``Ukraine Aid Oversight Act''.
       (b) Purposes.--The purposes of this section are--
       (1) to provide for the independent and objective conduct 
     and supervision of audits and investigations relating to the 
     programs and operations funded with amounts appropriated or 
     otherwise made available to Ukraine for military, economic, 
     and humanitarian aid;
       (2) to provide for the independent and objective leadership 
     and coordination of, and recommendations concerning, policies 
     designed--
       (A) to promote economic efficiency and effectiveness in the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) to prevent and detect waste, fraud, and abuse in such 
     programs and operations; and
       (3) to provide for an independent and objective means of 
     keeping the Secretary of State, the Secretary of Defense, and 
     the heads of other relevant Federal agencies fully and 
     currently informed about--
       (A) problems and deficiencies relating to the 
     administration of the programs and operations described in 
     paragraph (1); and
       (B) the necessity for, and the progress toward 
     implementing, corrective action related to such programs.
       (c) Definitions.--In this section:
       (1) Amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid for ukraine.--The 
     term ``amounts appropriated or otherwise made available for 
     military, economic, or humanitarian aid for Ukraine'' means 
     amounts appropriated or otherwise made available for any 
     fiscal year--
       (A) for the Ukraine Security Assistance Initiative;
       (B) for Foreign Military Financing funding for Ukraine;
       (C) under titles III and VI of the Ukraine Supplemental 
     Appropriations Act (division N of Public Law 117-103);
       (D) under the Additional Ukraine Supplemental 
     Appropriations Act, 2022 (Public Law 117-128); and
       (E) for military, economic, or humanitarian aid for Ukraine 
     under any other provision of law.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on Appropriations of the House of 
     Representatives;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (H) the Committee on Oversight and Accountability of the 
     House of Representatives.
       (3) Office.--The term ``Office'' means the Office of the 
     Special Inspector General for

[[Page S532]]

     Afghanistan Reconstruction and Ukraine Aid renamed under 
     section 4(a).
       (4) Special inspector general.--The term ``Special 
     Inspector General'' means the Special Inspector General for 
     Afghanistan Reconstruction and Ukraine Aid renamed under 
     section 4(b).
       (d) Office of the Special Inspector General for Afghanistan 
     Reconstruction and Ukraine Aid.--
       (1) Expansion and renaming of office of the special 
     inspector general for afghanistan reconstruction.--Beginning 
     on the date of the enactment of this Act, the Office of the 
     Special Inspector General for Afghanistan Reconstruction--
       (A) shall be referred to as the ``Office of the Special 
     Inspector General for Afghanistan Reconstruction and Ukraine 
     Aid''; and
       (B) shall carry out the purposes described in subsection 
     (b).
       (2) Renaming of special inspector general.--Beginning on 
     the date of the enactment of this Act, the Special Inspector 
     General for Afghanistan Reconstruction shall be referred to 
     as the ``Special Inspector General for Afghanistan 
     Reconstruction and Ukraine Aid''.
       (3) Compensation.--The annual rate of basic pay of the 
     Special Inspector General shall be 3 percent higher than the 
     annual rate of basic pay provided for positions at level III 
     of the Executive Schedule under section 5314 of title 5, 
     United States Code.
       (4) Prohibition on political activities.--For purposes of 
     section 7324 of title 5, United States Code, the Special 
     Inspector General is not an employee who determines policies 
     to be pursued by the United States in the nationwide 
     administration of Federal law.
       (5) Removal.--The Special Inspector General shall be 
     removable from office in accordance with section 403(b) of 
     title 5, United States Code.
       (6) Appointment.--If the Special Inspector General is 
     removed from office or otherwise leaves such office, the 
     President shall appoint a new Special Inspector General.
       (e) Assistant Inspectors General.--The Special Inspector 
     General shall be assisted by--
       (1) the Assistant Inspector General for Auditing appointed 
     pursuant to section 1229(d)(1) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181), 
     who shall supervise the performance of auditing activities 
     relating to programs and operations supported by amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (2) the Assistant Inspector General for Investigations 
     appointed pursuant to section 1229(d)(2) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181), who shall supervise the performance of 
     investigative activities relating to the programs and 
     operations described in paragraph (1).
       (f) Supervision.--
       (1) In general.--Except as provided in paragraph (2), the 
     Special Inspector General shall report directly to, and be 
     under the general supervision of, the Secretary of State and 
     the Secretary of Defense.
       (2) Independence to conduct investigations and audits.--No 
     officer of the Department of Defense, the Department of 
     State, the United States Agency for International 
     Development, or any other relevant Federal agency may prevent 
     or prohibit the Special Inspector General from--
       (A) initiating, carrying out, or completing any audit or 
     investigation related to amounts appropriated or otherwise 
     made available for the military, economic, and humanitarian 
     aid to Ukraine; or
       (B) issuing any subpoena during the course of any such 
     audit or investigation.
       (g) Duties.--
       (1) Oversight of military, economic, and humanitarian aid 
     to ukraine provided after february 24, 2022.--In addition to 
     any duties previously carried out as the Special Inspector 
     General for Afghanistan Reconstruction, the Special Inspector 
     General shall conduct, supervise, and coordinate audits and 
     investigations of the treatment, handling, and expenditure of 
     amounts appropriated or otherwise made available for 
     military, economic, and humanitarian aid to Ukraine, and of 
     the programs, operations, and contracts carried out utilizing 
     such funds, including--
       (A) the oversight and accounting of the obligation and 
     expenditure of such funds;
       (B) the monitoring and review of activities funded by such 
     funds;
       (C) the monitoring and review of contracts funded by such 
     funds;
       (D) the monitoring and review of the transfer of such funds 
     and associated information between and among departments, 
     agencies, and entities of the United States and private and 
     nongovernmental entities;
       (E) the maintenance of records regarding the use of such 
     funds to facilitate future audits and investigations of the 
     use of such funds;
       (F) the monitoring and review of the effectiveness of 
     United States coordination with the Government of Ukraine, 
     major recipients of Ukrainian refugees, partners in the 
     region, and other donor countries;
       (G) the investigation of overpayments (such as duplicate 
     payments or duplicate billing) and any potential unethical or 
     illegal actions of Federal employees, contractors, or 
     affiliated entities; and
       (H) the referral of reports compiled as a result of such 
     investigations, as necessary, to the Department of Justice to 
     ensure further investigations, prosecutions, recovery of 
     funds, or other remedies.
       (2) Other duties related to oversight.--The Special 
     Inspector General shall establish, maintain, and oversee such 
     systems, procedures, and controls as the Special Inspector 
     General considers appropriate to discharge the duties 
     described in paragraph (1).
       (3) Consultation.--The Special Inspector General shall 
     consult with the appropriate congressional committees before 
     engaging in auditing activities outside of Ukraine.
       (4) Duties and responsibilities under inspector general act 
     of 1978.--In addition to the duties specified in paragraphs 
     (1) and (2), the Special Inspector General shall have the 
     duties and responsibilities of inspectors general under 
     chapter 4 of title 5, United States Code.
       (5) Coordination of efforts.--In carrying out the duties, 
     responsibilities, and authorities of the Special Inspector 
     General under this Act, the Special Inspector General shall 
     coordinate with, and receive cooperation from--
       (A) the Inspector General of the Department of Defense;
       (B) the Inspector General of the Department of State;
       (C) the Inspector General of the United States Agency for 
     International Development; and
       (D) the Inspector General of any other relevant Federal 
     agency.
       (h) Powers and Authorities.--
       (1) Authorities under chapter 4 of title 5, united states 
     code.--
       (A) In general.--In carrying out the duties specified in 
     subsection (g), the Special Inspector General shall have the 
     authorities provided under section 406 of title 5, United 
     States Code, including the authorities under paragraph (5) of 
     such subsection.
       (B) Retention of certain authorities.--The Special 
     Inspector General--
       (i) shall retain all of the duties, powers, and authorities 
     provided to the Special Inspector General for Afghanistan 
     Reconstruction under section 1229 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181); 
     and
       (ii) may utilize such powers and authorities as are, in the 
     judgment of the Special Inspector General, necessary to carry 
     out the duties under this section.
       (2) Audit standards.--The Special Inspector General shall 
     carry out the duties specified in subsection (g)(1) in 
     accordance with section 404(b)(1) of title 5, United States 
     Code.
       (i) Personnel, Facilities, and Other Resources.--
       (1) Personnel.--
       (A) In general.--The Special Inspector General may select, 
     appoint, and employ such officers and employees as may be 
     necessary for carrying out the duties of the Special 
     Inspector General under this section, subject to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title, 
     relating to classification and General Schedule pay rates.
       (B) Additional authorities.--
       (i) In general.--Subject to clause (ii), the Inspector 
     General may exercise the authorities under subsections (b) 
     through (i) of section 3161 of title 5, United States Code, 
     without regard to subsection (a) of such section.
       (ii) Periods of appointments.--In exercising the employment 
     authorities under subsection (b) of section 3161 of title 5, 
     United States Code, as authorized under clause (i)--

       (I) paragraph (2) of such subsection (relating to periods 
     of appointments) shall not apply; and
       (II) no period of appointment may extend beyond the date on 
     which the Office terminates pursuant subsection (m).

       (iii) Acquisition of competitive status.--An employee shall 
     acquire competitive status for appointment to any position in 
     the competitive service for which the employee possesses the 
     required qualifications if the employee--

       (I) completes at least 12 months of continuous service 
     after the date of the enactment of this Act; or
       (II) is employed on the date on which the Office terminates 
     pursuant to subsection (m).

       (2) Employment of experts and consultants.--The Special 
     Inspector General may obtain the services of experts and 
     consultants in accordance with section 3109 of title 5, 
     United States Code, at daily rates not to exceed the 
     equivalent rate prescribed for grade GS-15 of the General 
     Schedule under section 5332 of such title.
       (3) Contracting authority.--To the extent and in such 
     amounts as may be provided in advance by appropriations Acts, 
     the Special Inspector General may--
       (A) enter into contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons; and
       (B) make such payments as may be necessary to carry out the 
     duties of the Special Inspector General.
       (4) Resources.--The Secretary of State or the Secretary of 
     Defense, as appropriate, shall provide the Special Inspector 
     General with--
       (A) appropriate and adequate office space at appropriate 
     locations of the Department of State or the Department of 
     Defense, as appropriate, in Ukraine or in European partner 
     countries;

[[Page S533]]

       (B) such equipment, office supplies, and communications 
     facilities and services as may be necessary for the operation 
     of such offices; and
       (C) necessary maintenance services for such offices and the 
     equipment and facilities located in such offices.
       (5) Assistance from federal agencies.--
       (A) In general.--Upon the request of the Special Inspector 
     General for information or assistance from any department, 
     agency, or other entity of the Federal Government, the head 
     of such entity, to the extent practicable and not in 
     contravention of any existing law, shall furnish such 
     information or assistance to the Special Inspector General or 
     an authorized designee.
       (B) Reporting of refused assistance.--Whenever information 
     or assistance requested by the Special Inspector General is, 
     in the judgment of the Special Inspector General, 
     unreasonably refused or not provided, the Special Inspector 
     General shall immediately report the circumstances to--
       (i) the Secretary of State or the Secretary of Defense, as 
     appropriate; and
       (ii) the appropriate congressional committees.
       (j) Reports.--
       (1) Quarterly reports.--Not later than 30 days after the 
     end of each quarter of each fiscal year, the Special 
     Inspector General shall submit a report to the appropriate 
     congressional committees, the Secretary of State, and the 
     Secretary of Defense that--
       (A) summarizes, for the applicable quarter, and to the 
     extent possible, for the period from the end of such quarter 
     to the date on which the report is submitted, the activities 
     during such period of the Special Inspector General and the 
     activities under programs and operations funded with amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (B) includes, for applicable quarter, a detailed statement 
     of all obligations, expenditures, and revenues associated 
     with military, economic, and humanitarian activities in 
     Ukraine, including--
       (i) obligations and expenditures of appropriated funds;
       (ii) a project-by-project and program-by-program accounting 
     of the costs incurred to date for military, economic, and 
     humanitarian aid to Ukraine, including an estimate of the 
     costs to be incurred by the Department of Defense, the 
     Department of State, the United States Agency for 
     International Development, and other relevant Federal 
     agencies to complete each project and each program;
       (iii) revenues attributable to, or consisting of, funds 
     provided by foreign nations or international organizations to 
     programs and projects funded by any Federal department or 
     agency and any obligations or expenditures of such revenues;
       (iv) revenues attributable to, or consisting of, foreign 
     assets seized or frozen that contribute to programs and 
     projects funded by any Federal department or agency and any 
     obligations or expenditures of such revenues;
       (v) operating expenses of entities receiving amounts 
     appropriated or otherwise made available for military, 
     economic, and humanitarian aid to Ukraine; and
       (vi) for any contract, grant, agreement, or other funding 
     mechanism described in paragraph (2)--

       (I) the dollar amount of the contract, grant, agreement, or 
     other funding mechanism;
       (II) a brief description of the scope of the contract, 
     grant, agreement, or other funding mechanism;
       (III) a description of how the Federal department or agency 
     involved in the contract, grant, agreement, or other funding 
     mechanism identified, and solicited offers from, potential 
     individuals or entities to perform the contract, grant, 
     agreement, or other funding mechanism, including a list of 
     the potential individuals or entities that were issued 
     solicitations for the offers; and
       (IV) the justification and approval documents on which the 
     determination to use procedures other than procedures that 
     provide for full and open competition was based.

       (2) Covered contracts, grants, agreements, and funding 
     mechanisms.--A contract, grant, agreement, or other funding 
     mechanism described in this paragraph is any major contract, 
     grant, agreement, or other funding mechanism that is entered 
     into by any Federal department or agency that involves the 
     use of amounts appropriated or otherwise made available for 
     the military, economic, or humanitarian aid to Ukraine with 
     any public or private sector entity--
       (A) to build or rebuild the physical infrastructure of 
     Ukraine;
       (B) to establish or reestablish a political or societal 
     institution of Ukraine;
       (C) to provide products or services to the people of 
     Ukraine; or
       (D) to provide security assistance to Ukraine.
       (3) Public availability.--The Special Inspector General 
     shall publish each report submitted pursuant to paragraph (1) 
     on a publicly accessible internet website in English, 
     Ukrainian, and Russian.
       (4) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex if the Special Inspector General determines 
     that a classified annex is necessary.
       (5) Submission of comments to congress.--During the 30-day 
     period beginning on the date on which a report is received 
     pursuant to paragraph (1), the Secretary of State and the 
     Secretary of Defense may submit comments to the appropriate 
     congressional committees, in unclassified form, regarding any 
     matters covered by the report that the Secretary of State or 
     the Secretary of Defense considers appropriate. Such comments 
     may include a classified annex if the Secretary of State or 
     the Secretary of Defense considers such annex to be 
     necessary.
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to authorize the public disclosure of 
     information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive order to be 
     protected from disclosure in the interest of defense or 
     national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (k) Transparency.--
       (1) Report.--Except as provided in paragraph (3), not later 
     than 60 days after receiving a report pursuant to subsection 
     (j)(1), the Secretary of State and the Secretary of Defense 
     shall jointly make copies of the report available to the 
     public upon request and at a reasonable cost.
       (2) Comments.--Except as provided in paragraph (3), not 
     later than 60 days after submitting comments to Congress 
     pursuant to subsection (j)(5), the Secretary of State and the 
     Secretary of Defense shall jointly make copies of such 
     comments available to the public upon request and at a 
     reasonable cost.
       (3) Waiver.--
       (A) Authority.--The President may waive the requirements 
     under paragraph (1) or (2) with respect to availability to 
     the public of any element in a report submitted pursuant to 
     subsection (j)(1) or any comments submitted to Congress 
     pursuant to subsection (j)(5) if the President determines 
     that such waiver is justified for national security reasons.
       (B) Notice of waiver.--The President shall publish a notice 
     of each waiver made under subparagraph (A) in the Federal 
     Register not later than the date of the submission to the 
     appropriate congressional committees of a report required 
     under subsection (j)(1) or any comments submitted pursuant to 
     subsection (j)(5). Each such report and comments shall 
     specify--
       (i) whether a waiver was made pursuant to subparagraph (A); 
     and
       (ii) which elements in the report or the comments were 
     affected by such waiver.
       (l) Use of Previously Appropriated Funds.--Amounts 
     appropriated before the date of the enactment of this Act for 
     the Office of the Special Inspector General for Afghanistan 
     Reconstruction may be used to carry out the duties described 
     in subsection (g).
       (m) Termination.--
       (1) In general.--The Office shall terminate on September 
     30, 2027.
       (2) Final report.--Before the termination date referred to 
     in paragraph (1), the Special Inspector General shall prepare 
     and submit to the appropriate congressional committees a 
     final forensic audit report on programs and operations funded 
     with amounts appropriated or otherwise made available for the 
     military, economic, and humanitarian aid to Ukraine.
                                 ______
                                 
  SA 1416. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 32, strike line 1 and all that follows 
     through page 33, line 14.
                                 ______
                                 
  SA 1417. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 38, strike line 4 and all that follows 
     through page 39, line 8.
                                 ______
                                 
  SA 1418. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:


[[Page S534]]


  

        On page 39, strike lines 9 through 19.
                                 ______
                                 
  SA 1419. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 38, strike lines 4 through 21.
                                 ______
                                 
  SA 1420. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 39, line 25, strike ``$375,000,000'' and 
     all that follows through ``Armed Forces of Ukraine: Provided 
     further'' on page 40, line 9, and insert ``$75,000,000, to 
     remain available until September 30, 2025: Provided''.
                                 ______
                                 
  SA 1421. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 815, to amend title 38, United States Code, to 
make certain improvements relating to the eligibility of veterans to 
receive reimbursement for emergency treatment furnished through the 
Veterans Community Care program, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  DIVISION ___--FREE SPEECH PROTECTION

     SEC. ___01. SHORT TITLE.

       This division may be cited as the ``Free Speech Protection 
     Act''.

     SEC. ___02. DEFINITIONS.

       In this division:
       (1) Covered information.--The term ``covered information'' 
     means information relating to--
       (A) a phone call;
       (B) any type of digital communication, including a post on 
     a covered platform, an e-mail, a text, and a direct message;
       (C) a photo;
       (D) shopping and commerce history;
       (E) location data, including a driving route and ride 
     hailing information;
       (F) an IP address;
       (G) metadata;
       (H) search history;
       (I) the name, age, or demographic information of a user of 
     a covered platform; and
       (J) a calendar item.
       (2) Covered platform.--The term ``covered platform'' 
     means--
       (A) an interactive computer service, as that term is 
     defined in section 230(f) of the Communications Act of 1934 
     (47 U.S.C. 230(f)); and
       (B) any platform through which a media organization 
     disseminates information, without regard to whether the 
     organization disseminates that information--
       (i) through broadcast or print;
       (ii) online; or
       (iii) through any other channel.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (4) Employee.--
       (A) In general.--Except where otherwise expressly provided, 
     the term ``employee''--
       (i) means an employee of an Executive agency; and
       (ii) includes--

       (I) an individual, other than an employee of an Executive 
     agency, working under a contract with an Executive agency; 
     and
       (II) the President and the Vice President.

       (B) Rule of construction.--With respect to an individual 
     described in subparagraph (A)(ii)(I), solely for the purposes 
     of this division, the Executive agency that has entered into 
     the contract under which the employee is working shall be 
     construed to be the Executive agency employing the employee.
       (5) Executive agency.--The term ``Executive agency''--
       (A) has the meaning given the term in section 105 of title 
     5, United States Code; and
       (B) includes the Executive Office of the President.
       (6) Provider.--The term ``provider'' means a provider of a 
     covered platform.

     SEC. ___03. FINDINGS.

       Congress finds the following:
       (1) The First Amendment to the Constitution of the United 
     States guarantees--
       (A) freedoms concerning religion, expression, assembly, and 
     petition of the government;
       (B) the freedom of expression by prohibiting the government 
     from restricting the press or the right of an individual to 
     speak freely; and
       (C) the right of an individual to assemble peaceably and to 
     petition the government.
       (2) Freedom of speech is an essential element of liberty 
     that restrains tyranny and empowers individuals.
       (3) Writing in support of a Bill of Rights, Thomas 
     Jefferson stated that ``[t]here are rights which it is 
     useless to surrender to the government, and which yet, 
     governments have always been fond to invade. These are the 
     rights of thinking and publishing our thoughts by speaking or 
     writing.''.
       (4) The Supreme Court of the United States (referred to in 
     this section as the ``Court'') has upheld the right to speak 
     free from governmental interference as a fundamental right.
       (5) The Court, in Palko v. Connecticut, 302 U.S. 319 
     (1937), wrote that freedom of thought and speech ``is the 
     matrix, the indispensable condition, of nearly every other 
     form of freedom''.
       (6) In Turner Broadcasting System, Inc. v. Federal 
     Communications Commission, 512 U.S. 622 (1994), the Court 
     stated the following: ``At the heart of the First Amendment 
     lies the principle that each person should decide for himself 
     or herself the ideas and beliefs deserving of expression, 
     consideration, and adherence. Our political system and 
     cultural life rest upon this ideal. Government action that 
     stifles speech on account of its message, or that requires 
     the utterance of a particular message favored by the 
     Government, contravenes this essential right . . . [and 
     poses] the inherent risk that Government seeks not to advance 
     a legitimate regulatory goal, but to suppress unpopular ideas 
     or manipulate the public debate through coercion rather than 
     persuasion. These restrictions `rais[e] the specter that the 
     Government may effectively drive certain ideas or viewpoints 
     from the marketplace.' For these reasons, the First 
     Amendment, subject only to narrow and well-understood 
     exceptions, does not countenance government control over the 
     content of messages expressed by private individuals.''.
       (7) In R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), the 
     Court explained that the First Amendment to the Constitution 
     of the United States ``generally prevents government from 
     proscribing speech, or even expressive conduct, because of 
     disapproval of the ideas expressed. Content-based 
     restrictions are presumptively invalid.''.
       (8) The case of Brandenburg v. Ohio, 395 U.S. 444 (1969), 
     stands for the proposition that speech can be suppressed only 
     if the speech is intended, and is likely to produce, imminent 
     lawless action.
       (9) Justice William Brennan, in his majority opinion for 
     the Court in Texas v. Johnson, 491 U.S. 397 (1989), asserted 
     that ``[i]f there is a bedrock principle underlying the First 
     Amendment, it is that the government may not prohibit the 
     expression of an idea simply because society finds the idea 
     itself offensive or disagreeable.''.
       (10) Justice Neil Gorsuch, in his majority opinion for the 
     Court in 303 Creative LLC v. Elenis, ___ U.S. ___ (2023), 
     stated, ``The First Amendment envisions the United States as 
     a rich and complex place where all persons are free to think 
     and speak as they wish, not as the government demands.''.
       (11) As evidenced in disclosures from various social media 
     companies, Federal officials in recent years have sought to 
     censor legal speech on platforms operated by those companies 
     by using the power of their offices to influence what 
     opinions, views, and other content that users of those 
     platforms may disseminate.
       (12) White House officials and officials of Executive 
     agencies sought to silence narratives on social media 
     platforms on issues relating to the COVID-19 pandemic.
       (13) The Centers for Disease Control and Prevention engaged 
     with officials at Facebook and Twitter to request that 
     certain posts be flagged as ``disinformation'' and held 
     regular meetings with those companies to share instances of 
     what government officials determined to be ``misinformation'' 
     about the COVID-19 pandemic that had been spread on the 
     platforms operated by those companies.
       (14) In the midst of the 2020 election cycle, the Federal 
     Bureau of Investigation communicated with high-level 
     technology company executives and suggested that a New York 
     Post story regarding the contents of Hunter Biden's laptop 
     were part of a ``hack and leak'' operation.
       (15) On April 27, 2022, the Department of Homeland Security 
     announced the creation of a Disinformation Governance Board 
     (referred to in this paragraph as the ``Board''). The 
     Director of the Board, Nina Jankowicz, sought to establish an 
     ``analytic exchange'' with ``industry partners''. In 
     congressional testimony, Secretary of Homeland Security 
     Alejandro Mayorkas provided misleading testimony about the 
     actions of the Board.
       (16) Since 2020, 2 nonprofit organizations affiliated with 
     the Global Disinformation Index (referred to in this 
     paragraph as ``GDI'') have received a total of $330,000 in 
     grants from Federal agencies. GDI maintains a list of 
     ``global news publications rated high risk for 
     disinformation''. Major advertising companies seek guidance 
     from this purported ``nonpartisan'' group to determine where 
     advertising money should be spent. Despite the self-
     proclaimed ``nonpartisan'' nature of the list, GDI includes a 
     host of reputable media outlets, such as Reason, 
     RealClearPolitics, and the New York Post.

[[Page S535]]

  


     SEC. ___04. EMPLOYEE PROHIBITIONS.

       (a) Prohibitions.--
       (1) In general.--An employee acting under official 
     authority or influence may not--
       (A) use any form of communication (without regard to 
     whether the communication is visible to members of the 
     public) to direct, coerce, compel, or encourage a provider to 
     take, suggest or imply that a provider should take, or 
     request that a provider take any action to censor speech that 
     is protected by the Constitution of the United States, 
     including by--
       (i) removing that speech from the applicable covered 
     platform;
       (ii) suppressing that speech on the applicable covered 
     platform;
       (iii) removing or suspending a particular user (or a class 
     of users) from the applicable covered platform or otherwise 
     limiting the access of a particular user (or a class of 
     users) to the covered platform;
       (iv) labeling that speech as disinformation, 
     misinformation, or false, or by making any similar 
     characterization with respect to the speech; or
       (v) otherwise blocking, banning, deleting, deprioritizing, 
     demonetizing, deboosting, limiting the reach of, or 
     restricting access to the speech;
       (B) direct or encourage a provider to share with an 
     Executive agency covered information containing data or 
     information regarding a particular topic, or a user or group 
     of users on the applicable covered platform, including any 
     covered information shared or stored by users on the covered 
     platform;
       (C) work, directly or indirectly, with any private or 
     public entity or person to take an action that is prohibited 
     under subparagraph (A) or (B); or
       (D) on behalf of the Executive agency employing the 
     employee--
       (i) enter into a partnership with a provider to monitor any 
     content disseminated on the applicable covered platform; or
       (ii) solicit, accept, or enter into a contract or other 
     agreement (including a no-cost agreement) for free 
     advertising or another promotion on a covered platform.
       (2) Exception.--Notwithstanding subparagraph (B) of 
     paragraph (1), the prohibition under that subparagraph shall 
     not apply with respect to an action by an Executive agency or 
     employee pursuant to a warrant that is issued by--
       (A) a court of the United States of competent jurisdiction 
     in accordance with the procedures described in rule 41 of the 
     Federal Rules of Criminal Procedure; or
       (B) a State court of competent jurisdiction.
       (3) Employee discipline.--
       (A) In general.--Notwithstanding any provision of title 5, 
     United States Code, and subject to subparagraph (B), the head 
     of an Executive agency employing an employee who violates any 
     provision of paragraph (1) (or, in the case of the head of an 
     Executive agency who violates any provision of paragraph (1), 
     the President) shall impose on that employee--
       (i) disciplinary action consisting of removal, reduction in 
     grade, suspension, or debarment from employment with the 
     United States;
       (ii) a civil penalty in an amount that is not less than 
     $10,000;
       (iii) ineligibility for any annuity under chapter 83 or 84 
     of title 5, United States Code; and
       (iv) permanent revocation of any applicable security 
     clearance held by the employee.
       (B) Specific contractor discipline.--In the case of an 
     employee described in section ___02(4)(A)(ii)(I) who violates 
     any provision of paragraph (1), in addition to any discipline 
     that may be applicable under subparagraph (A) of this 
     paragraph, that employee shall be barred from working under 
     any contract with the Federal Government.
       (b) Private Right of Action.--
       (1) In general.--A person, the account, content, speech, or 
     other information of which has been affected in violation of 
     this section, may bring a civil action in the United States 
     District Court for the District of Columbia for reasonable 
     attorneys' fees, injunctive relief, and actual damages 
     against--
       (A) the applicable Executive agency; and
       (B) the employee of the applicable Executive agency who 
     committed the violation.
       (2) Presumption of liability.--In a civil action brought 
     under paragraph (1), there shall be a rebuttable presumption 
     against the applicable Executive agency or employee if the 
     person bringing the action demonstrates that the applicable 
     employee communicated with a provider on a matter relating 
     to--
       (A) covered information with respect to that person; or
       (B) a statement made by that person on the applicable 
     covered platform.

     SEC. ___05. REPORTING REQUIREMENTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and not less frequently than once 
     every 90 days thereafter, the head of each Executive agency 
     shall submit to the Director and the chair and ranking member 
     of the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary of the 
     Senate, the Committee on Oversight and Accountability of the 
     House of Representatives, and the Committee on the Judiciary 
     of the House of Representatives a report that discloses, for 
     the period covered by the report, each communication between 
     a representative of a provider and an employee of that 
     Executive agency--
       (1) including any such communication that constitutes a 
     violation of section ___04(a)(1); and
       (2) not including any such communication that relates to 
     combating child pornography or exploitation, human 
     trafficking, or the illegal transporting or transacting in 
     controlled substances.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include, with respect to a communication described in 
     that subsection--
       (1) the name and professional title of each employee and 
     each representative of a provider engaged in the 
     communication; and
       (2) if the communication constitutes a violation of section 
     ___04(a)(1)--
       (A) a detailed explanation of the nature of the violation; 
     and
       (B) the date of the violation.
       (c) Publication.--
       (1) In general.--Not later than 5 days after the date on 
     which the Director receives a report under subsection (a), 
     the Director shall--
       (A) collect the report and assign the report a unique 
     tracking number; and
       (B) publish on a publicly accessible and searchable website 
     the contents of the report and the tracking number for the 
     report.
       (2) Subject of report.--With respect to a report submitted 
     pursuant to subsection (a) of which an individual is a 
     subject, not later than the end of the business day following 
     the business day on which the report is submitted, the 
     Director shall make a reasonable effort to contact any person 
     or entity directly affected by a violation of this division 
     described in the report to inform that person of the report.

     SEC. ___06. CYBERSECURITY INFRASTRUCTURE AND SECURITY AGENCY 
                   REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to the 
     Director and the chair and ranking member of the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Accountability of the House of 
     Representatives a report that discloses any action of an 
     employee of the Cybersecurity and Infrastructure Security 
     Agency that--
       (1) occurred between November 16, 2018, and the date of 
     enactment of this Act; and
       (2) would have been in violation of section ___04(a)(1).

     SEC. ___07. TERMINATION OF DISINFORMATION GOVERNANCE BOARD.

       (a) Termination.--The Disinformation Governance Board 
     established by the Department of Homeland Security, if in 
     existence on the date of enactment of this Act, is 
     terminated.
       (b) Prohibition Against Federal Funding.--No Federal funds 
     may be used to establish or support the activities of any 
     other entity that is substantially similar to the 
     Disinformation Governance Board terminated pursuant to 
     subsection (a).

     SEC. ___08. PROHIBITION ON MISINFORMATION AND DISINFORMATION 
                   GRANTS.

       The head of an Executive agency may not award a grant 
     relating to programming on misinformation or disinformation.

     SEC. ___09. GRANT TERMS.

       (a) Certification.--The recipient of a grant awarded by an 
     Executive agency on or after the date of enactment of this 
     Act shall certify to the head of the Executive agency that 
     the recipient or a subgrantee of the recipient, during the 
     term of the grant, will not designate any creator of news 
     content, regardless of medium, as a source of misinformation 
     or disinformation.
       (b) Publication.--Not later than 10 days after the date on 
     which an Executive agency awards a grant, the head of the 
     Executive agency shall publish the certification received 
     under subsection (a) with respect to the grant on Grants.gov, 
     or any successor website.
       (c) Penalty.--Upon a determination by the head of an 
     Executive agency that a recipient or subgrantee of a 
     recipient has violated the certification of the recipient 
     under subsection (a), the recipient or subgrantee, 
     respectively, shall--
       (1) repay the grant associated with the certification; and
       (2) be ineligible to receive a grant from the Executive 
     agency.

     SEC. ___10. PRESIDENTIAL WAR POWERS UNDER THE COMMUNICATIONS 
                   ACT OF 1934.

       (a) In General.--Section 706 of the Communications Act of 
     1934 (47 U.S.C. 606) is amended--
       (1) by striking subsections (c) through (g); and
       (2) by redesignating subsection (h) as subsection (c).
       (b) Technical and Conforming Amendments.--Section 309(h) of 
     the Communications Act of 1934 (47 U.S.C. 309(h)) is 
     amended--
       (1) by inserting ``and'' before ``(2)''; and
       (2) by striking ``Act;'' and all that follows through the 
     period at the end and inserting the following: ``Act.''.

     SEC. ___11. APPLICABILITY OF FOIA.

       (a) Definition.--In this section, the term ``agency'' has 
     the meaning given the term in section 551 of title 5, United 
     States Code.
       (b) Applicability.--Notwithstanding any provision of 
     section 552 of title 5, United States Code, any request made 
     to an agency pursuant to that section for records relating to 
     communication between an employee and a representative of a 
     provider--

[[Page S536]]

       (1) shall be granted by the agency without regard to any 
     exemption under subsection (b) of that section, except the 
     agency may not release any identifying information of a user 
     of a covered platform without express written consent granted 
     by the user to the agency; and
       (2) may not be granted by the agency if the communication 
     occurred pursuant to a warrant described in section 
     ___04(a)(2).
                                 ______
                                 
  SA 1422. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 37, strike line 8 and all that follows 
     through page 41, line 19.
       Beginning on page 47, strike line 14 and all that follows 
     through page 49, line 2.
       On page 51, strike lines 5 through 9.
                                 ______
                                 
  SA 1423. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 6, line 25, strike ``$34,230,780,000'' and insert 
     ``$30,082,320,000''.
       On page 7, line 4, strike ``$13,772,460,000'' and insert 
     ``$9,624,000,000''.
       Beginning on page 30, strike line 16 and all that follows 
     through page 31, line 21, and insert the following:

                   U.S. Customs and Border Protection

              procurement, construction, and improvements

       For necessary expenses of U.S. Customs and Border 
     Protection for procurement, construction, and improvements, 
     $25,000,000,000, which shall remain available until expended 
     for the construction of a physical barrier along the southern 
     border of the United States:  Provided, That the amounts made 
     available under this heading are designated by the Congress 
     as being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Beginning on page 32, strike line 4 and all that follows 
     through page 33, line 5.
       On page 36, line 18, strike ``$39,000,000'' and insert 
     ``$19,500,000''.
       On page 37, line 12, strike ``$5,655,000,000'' and insert 
     ``$2,827,000,000''.
       Beginning on page 37, strike line 21 and all that follows 
     through page 39, line 19.
       On page 39, line 25, strike ``$375,000,000'' and insert 
     ``$75,000,000''.
       On page 40, strike line 2 and all that follows through 
     ``Provided further,'' on line 9.
       Beginning on page 40, strike line 20 and all that follows 
     through page 41, line 9.
       On page 41, line 23, strike ``$7,100,000,000'' and insert 
     ``$5,500,000,000''.
       On page 42, beginning on line 20, strike ``Provided 
     further,'' and all that follows through ``related expenses:'' 
     on line 23.
       On page 44, strike lines 1 through 13.
                                 ______
                                 
  SA 1424. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        In division A, strike section 604.
                                 ______
                                 
  SA 1425. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act for assistance to Ukraine may be 
     obligated or expended after September 30, 2024.
                                 ______
                                 
  SA 1426. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 37, strike lines 10 through 20.
                                 ______
                                 
  SA 1427. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 24 of the amendment, strike lines 2 through 12.
                                 ______
                                 
  SA 1428. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 32, strike line 1 and all that follows 
     through page 33, line 14.
                                 ______
                                 
  SA 1429. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

            DIVISION C--RADIATION EXPOSURE COMPENSATION ACT

                    TITLE I--MANHATTAN PROJECT WASTE

     SEC. 4001. SHORT TITLE.

       (a) Short Title.--This title may be cited as the 
     ``Radiation Exposure Compensation Expansion Act''.

     SEC. 4002. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       The Radiation Exposure Compensation Act (Public Law 101-
     426; 42 U.S.C. 2210 note) is amended by inserting after 
     section 5 the following:

     ``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.

       ``(a) In General.--A claimant shall receive compensation 
     for a claim made under this Act, as described in subsection 
     (b) or (c), if--
       ``(1) a claim for compensation is filed with the Attorney 
     General--
       ``(A) by an individual described in paragraph (2); or
       ``(B) on behalf of that individual by an authorized agent 
     of that individual, if the individual is deceased or 
     incapacitated, such as--
       ``(i) an executor of estate of that individual; or
       ``(ii) a legal guardian or conservator of that individual;
       ``(2) that individual, or if applicable, an authorized 
     agent of that individual, demonstrates that the individual--
       ``(A) was physically present in an affected area for a 
     period of at least 2 years after January 1, 1949; and
       ``(B) contracted a specified disease after such period of 
     physical presence;
       ``(3) the Attorney General certifies that the identity of 
     that individual, and if applicable, the authorized agent of 
     that individual, is not fraudulent or otherwise 
     misrepresented; and
       ``(4) the Attorney General determines that the claimant has 
     satisfied the applicable requirements of this Act.
       ``(b) Losses Available to Living Affected Individuals.--
       ``(1) In general.--In the event of a claim qualifying for 
     compensation under subsection (a) that is submitted to the 
     Attorney General to be eligible for compensation under this 
     section at a time when the individual described in subsection 
     (a)(2) is living, the amount of compensation under this 
     section shall be in an amount that is the greater of $50,000 
     or the total amount of compensation for which the individual 
     is eligible under paragraph (2).

[[Page S537]]

       ``(2) Losses due to medical expenses.--A claimant described 
     in paragraph (1) shall be eligible to receive, upon 
     submission of contemporaneous written medical records, 
     reports, or billing statements created by or at the direction 
     of a licensed medical professional who provided 
     contemporaneous medical care to the claimant, additional 
     compensation in the amount of all documented out-of-pocket 
     medical expenses incurred as a result of the specified 
     disease suffered by that claimant, such as any medical 
     expenses not covered, paid for, or reimbursed through--
       ``(A) any public or private health insurance;
       ``(B) any employee health insurance;
       ``(C) any workers' compensation program; or
       ``(D) any other public, private, or employee health program 
     or benefit.
       ``(c) Payments to Beneficiaries of Deceased Individuals.--
     In the event that an individual described in subsection 
     (a)(2) who qualifies for compensation under subsection (a) is 
     deceased at the time of submission of the claim--
       ``(1) a surviving spouse may, upon submission of a claim 
     and records sufficient to satisfy the requirements of 
     subsection (a) with respect to the deceased individual, 
     receive compensation in the amount of $25,000; or
       ``(2) in the event that there is no surviving spouse, the 
     surviving children, minor or otherwise, of the deceased 
     individual may, upon submission of a claim and records 
     sufficient to satisfy the requirements of subsection (a) with 
     respect to the deceased individual, receive compensation in 
     the total amount of $25,000, paid in equal shares to each 
     surviving child.
       ``(d) Affected Area.--For purposes of this section, the 
     term `affected area' means--
       ``(1) in the State of Missouri, the ZIP Codes of 63031, 
     63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 
     63044, 63121, 63140, 63145, 63147, 63102, 63304, 63134, 
     63043, 63341, 63368, and 63367;
       ``(2) in the State of Tennessee, the ZIP Codes of 37732, 
     37755, 37756, 37841, 37847, 37852, 37872, 37892, 37714, 
     37715, 37729, 37757, 37762, 37766, 37769, 37819, 37847, 
     37870, 37719, 37726, 37733, 37748, 37770, 37829, 37845, 
     37849, 37931, 37779, 37807, 37866, 37709, 37721, 37754, 
     37764, 37806, 37853, 37871, 37901, 37902, 37909, 37912, 
     37914, 37915, 37916, 37917, 37918, 37919, 37920, 37921, 
     37922, 37923, 37924, 37927, 37928, 37929, 37930, 37932, 
     37933, 37934, 37938, 37939, 37940, 37950, 37995, 37996, 
     37997, 37998, 37337, 37367, 37723, 37854, 38555, 38557, 
     38558, 38571, 38572, 38574, 38578, 38583, 37763, 37771, 
     37774, 37830, 37840, 37846, 37874, 37321, 37332, 37338, 
     37381, 37742, 37772, 37846, 37322, 37336, and 37880;
       ``(3) in the State of Alaska, the ZIP Codes of 99546 and 
     99547; and
       ``(4) in the State of Kentucky, the ZIP Codes of 42001, 
     42003, and 42086.
       ``(e) Specified Disease.--For purposes of this section, the 
     term `specified disease' means any of the following:
       ``(1) Any leukemia, other than chronic lymphocytic 
     leukemia, provided that the initial exposure occurred after 
     the age of 20 and the onset of the disease was at least 2 
     years after first exposure.
       ``(2) Any of the following diseases, provided that the 
     onset was at least 2 years after the initial exposure:
       ``(A) Multiple myeloma.
       ``(B) Lymphoma, other than Hodgkin's disease.
       ``(C) Primary cancer of the--
       ``(i) thyroid;
       ``(ii) male or female breast;
       ``(iii) esophagus;
       ``(iv) stomach;
       ``(v) pharynx;
       ``(vi) small intestine;
       ``(vii) pancreas;
       ``(viii) bile ducts;
       ``(ix) gall bladder;
       ``(x) salivary gland;
       ``(xi) urinary bladder;
       ``(xii) brain;
       ``(xiii) colon;
       ``(xiv) ovary;
       ``(xv) liver, except if cirrhosis or hepatitis B is 
     indicated; or
       ``(xvi) lung.
       ``(f) Physical Presence.--
       ``(1) In general.--For purposes of this section, the 
     Attorney General shall not determine that a claimant has 
     satisfied the requirements of subsection (a) unless 
     demonstrated by submission of--
       ``(A) contemporaneous written residential documentation and 
     at least 1 additional employer-issued or government-issued 
     document or record that the claimant, for at least 2 years 
     after January 1, 1949, was physically present in an affected 
     area; or
       ``(B) other documentation determined by the Attorney 
     General to demonstrate that the claimant, for at least 2 
     years after January 1, 1949, was physically present in an 
     affected area.
       ``(2) Types of physical presence.--For purposes of 
     determining physical presence under this section, a claimant 
     shall be considered to have been physically present in an 
     affected area if--
       ``(A) the claimant's primary residence was in the affected 
     area;
       ``(B) the claimant's place of employment was in the 
     affected area; or
       ``(C) the claimant attended school in the affected area.
       ``(g) Disease Contraction in Affected Areas.--For purposes 
     of this section, the Attorney General shall not determine 
     that a claimant has satisfied the requirements of subsection 
     (a) unless the claimant submits--
       ``(1) written medical records or reports created by or at 
     the direction of a licensed medical professional, created 
     contemporaneously with the provision of medical care to the 
     claimant, that the claimant, after a period of physical 
     presence in an affected area, contracted a specified disease; 
     or
       ``(2) other documentation determined by the Attorney 
     General to demonstrate that the claimant contracted a 
     specified disease after a period of physical presence in an 
     affected area.''.

     SEC. 4003. COOPERATIVE AGREEMENT.

       (a) In General.--Not later than September 30, 2024, the 
     Secretary of Energy, acting through the Director of the 
     Office of Legacy Management, shall award to an eligible 
     association a cooperative agreement to support the 
     safeguarding of human and ecological health at the Amchitka, 
     Alaska, Site.
       (b) Requirements.--A cooperative agreement awarded under 
     subsection (a)--
       (1) may be used to fund--
       (A) research and development that will improve and focus 
     long-term surveillance and monitoring of the site;
       (B) workforce development at the site; and
       (C) such other activities as the Secretary considers 
     appropriate; and
       (2) shall require that the eligible association--
       (A) engage in stakeholder engagement; and
       (B) to the greatest extent practicable, incorporate 
     Indigenous knowledge and the participation of local Indian 
     Tribes in research and development and workforce development 
     activities.
       (c) Definitions.--In this section:
       (1) Eligible association.--The term ``eligible 
     association'' means an association of 2 or more of the 
     following:
       (A) An institution of higher education (as that term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) located in the State of Alaska.
       (B) An agency of the State of Alaska.
       (C) A local Indian Tribe.
       (D) An organization--
       (i) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from taxation under section 501(a) of 
     such Code; and
       (ii) located in the State of Alaska.
       (2) Local indian tribe.--The term ``local Indian Tribe'' 
     means an Indian tribe (as that term is defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5304)) that is located in the Aleut Region of the 
     State of Alaska.

     TITLE II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``Radiation Exposure 
     Compensation Act Amendments of 2024''.

     SEC. 4102. REFERENCES.

       Except as otherwise specifically provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision of 
     law, the reference shall be considered to be made to a 
     section or other provision of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).

     SEC. 4103. EXTENSION OF FUND.

       Section 3(d) is amended--
       (1) by striking the first sentence and inserting ``The Fund 
     shall terminate 19 years after the date of the enactment of 
     the Radiation Exposure Compensation Act Amendments of 
     2024.''; and
       (2) by striking ``2-year'' and inserting ``19-year''.

     SEC. 4104. CLAIMS RELATING TO ATMOSPHERIC TESTING.

       (a) Leukemia Claims Relating to Trinity Test in New Mexico 
     and Tests at the Nevada Site and in the Pacific.--Section 
     4(a)(1)(A) is amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``October 31, 1958'' and 
     inserting ``November 6, 1962'';
       (B) in subclause (II)--
       (i) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (ii) by striking ``or'' after the semicolon;
       (C) by redesignating subclause (III) as subclause (V); and
       (D) by inserting after subclause (II) the following:
       ``(III) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     September 24, 1944, and ending on November 6, 1962;
       ``(IV) was physically present in an affected area--

       ``(aa) for a period of at least 1 year during the period 
     beginning on July 1, 1946, and ending on November 6, 1962; or
       ``(bb) for the period beginning on April 25, 1962, and 
     ending on November 6, 1962; or''; and

       (2) in clause (ii)(I), by striking ``physical presence 
     described in subclause (I) or (II) of clause (i) or onsite 
     participation described in clause (i)(III)'' and inserting 
     ``physical presence described in subclause (I), (II), (III), 
     or (IV) of clause (i) or onsite participation described in 
     clause (i)(V)''.
       (b) Amounts for Claims Related to Leukemia.--Section 
     4(a)(1) is amended--
       (1) in subparagraph (A), by striking ``an amount'' and 
     inserting ``the amount''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Amount.--If the conditions described in subparagraph 
     (C) are met, an individual who is described in subparagraph 
     (A) shall receive $150,000.''.
       (c) Conditions for Claims Related to Leukemia.--Section 
     4(a)(1)(C) is amended--

[[Page S538]]

       (1) by striking clause (i); and
       (2) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively.
       (d) Specified Diseases Claims Relating to Trinity Test in 
     New Mexico and Tests at the Nevada Site and in the Pacific.--
     Section 4(a)(2) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``in the affected area'' and inserting ``in 
     an affected area'';
       (B) by striking ``2 years'' and inserting ``1 year''; and
       (C) by striking ``October 31, 1958'' and inserting 
     ``November 6, 1962'';
       (2) in subparagraph (B)--
       (A) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (4) by inserting after subparagraph (B) the following:
       ``(C) was physically present in an affected area for a 
     period of at least 1 year during the period beginning on 
     September 24, 1944, and ending on November 6, 1962;
       ``(D) was physically present in an affected area--
       ``(i) for a period of at least 1 year during the period 
     beginning on July 1, 1946, and ending on November 6, 1962; or
       ``(ii) for the period beginning on April 25, 1962, and 
     ending on November 6, 1962; or''.
       (e) Amounts for Claims Related to Specified Diseases.--
     Section 4(a)(2) is amended in the matter following 
     subparagraph (E) (as redesignated by subsection (d) of this 
     section) by striking ``$50,000 (in the case of an individual 
     described in subparagraph (A) or (B)) or $75,000 (in the case 
     of an individual described in subparagraph (C)),'' and 
     inserting ``$150,000''.
       (f) Medical Benefits.--Section 4(a) is amended by adding at 
     the end the following:
       ``(5) Medical benefits.--An individual receiving a payment 
     under this section shall be eligible to receive medical 
     benefits in the same manner and to the same extent as an 
     individual eligible to receive medical benefits under section 
     3629 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7384t).''.
       (g) Downwind States.--Section 4(b)(1) is amended to read as 
     follows:
       ``(1) `affected area' means--
       ``(A) except as provided under subparagraphs (B) and (C), 
     Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, 
     and Guam;
       ``(B) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only 
     New Mexico; and
       ``(C) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only 
     Guam.''.
       (h) Chronic Lymphocytic Leukemia as a Specified Disease.--
     Section 4(b)(2) is amended by striking ``other than chronic 
     lymphocytic leukemia'' and inserting ``including chronic 
     lymphocytic leukemia''.

     SEC. 4105. CLAIMS RELATING TO URANIUM MINING.

       (a) Employees of Mines and Mills.--Section 5(a)(1)(A)(i) is 
     amended--
       (1) by inserting ``(I)'' after ``(i)'';
       (2) by striking ``December 31, 1971; and'' and inserting 
     ``December 31, 1990; or''; and
       (3) by adding at the end the following:
       ``(II) was employed as a core driller in a State referred 
     to in subclause (I) during the period described in such 
     subclause; and''.
       (b) Miners.--Section 5(a)(1)(A)(ii)(I) is amended by 
     inserting ``or renal cancer or any other chronic renal 
     disease, including nephritis and kidney tubal tissue injury'' 
     after ``nonmalignant respiratory disease''.
       (c) Millers, Core Drillers, and Ore Transporters.--Section 
     5(a)(1)(A)(ii)(II) is amended--
       (1) by inserting ``, core driller,'' after ``was a 
     miller'';
       (2) by inserting ``, or was involved in remediation efforts 
     at such a uranium mine or uranium mill,'' after ``ore 
     transporter'';
       (3) by inserting ``(I)'' after ``clause (i)''; and
       (4) by striking all that follows ``nonmalignant respiratory 
     disease'' and inserting ``or renal cancer or any other 
     chronic renal disease, including nephritis and kidney tubal 
     tissue injury; or''.
       (d) Combined Work Histories.--Section 5(a)(1)(A)(ii) is 
     further amended--
       (1) by striking ``or'' at the end of subclause (I); and
       (2) by adding at the end the following:
       ``(III)(aa) does not meet the conditions of subclause (I) 
     or (II);
       ``(bb) worked, during the period described in clause 
     (i)(I), in two or more of the following positions: miner, 
     miller, core driller, and ore transporter;
       ``(cc) meets the requirements of paragraph (4) or (5), or 
     both; and
       ``(dd) submits written medical documentation that the 
     individual developed lung cancer or a nonmalignant 
     respiratory disease or renal cancer or any other chronic 
     renal disease, including nephritis and kidney tubal tissue 
     injury after exposure to radiation through work in one or 
     more of the positions referred to in item (bb);''.
       (e) Dates of Operation of Uranium Mine.--Section 5(a)(2)(A) 
     is amended by striking ``December 31, 1971'' and inserting 
     ``December 31, 1990''.
       (f) Special Rules Relating to Combined Work Histories.--
     Section 5(a) is amended by adding at the end the following:
       ``(4) Special rule relating to combined work histories for 
     individuals with at least one year of experience.--An 
     individual meets the requirements of this paragraph if the 
     individual worked in one or more of the positions referred to 
     in paragraph (1)(A)(ii)(III)(bb) for a period of at least one 
     year during the period described in paragraph (1)(A)(i)(I).
       ``(5) Special rule relating to combined work histories for 
     miners.--An individual meets the requirements of this 
     paragraph if the individual, during the period described in 
     paragraph (1)(A)(i)(I), worked as a miner and was exposed to 
     such number of working level months that the Attorney General 
     determines, when combined with the exposure of such 
     individual to radiation through work as a miller, core 
     driller, or ore transporter during the period described in 
     paragraph (1)(A)(i)(I), results in such individual being 
     exposed to a total level of radiation that is greater or 
     equal to the level of exposure of an individual described in 
     paragraph (4).''.
       (g) Definition of Core Driller.--Section 5(b) is amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) the term `core driller' means any individual employed 
     to engage in the act or process of obtaining cylindrical rock 
     samples of uranium or vanadium by means of a borehole 
     drilling machine for the purpose of mining uranium or 
     vanadium.''.

     SEC. 4106. EXPANSION OF USE OF AFFIDAVITS IN DETERMINATION OF 
                   CLAIMS; REGULATIONS.

       (a) Affidavits.--Section 6(b) is amended by adding at the 
     end the following:
       ``(3) Affidavits.--
       ``(A) Employment history.--For purposes of this Act, the 
     Attorney General shall accept a written affidavit or 
     declaration as evidence to substantiate the employment 
     history of an individual as a miner, miller, core driller, or 
     ore transporter if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the employment history of the 
     individual;
       ``(ii) attests to the employment history of the individual;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.
       ``(B) Physical presence in affected area.--For purposes of 
     this Act, the Attorney General shall accept a written 
     affidavit or declaration as evidence to substantiate an 
     individual's physical presence in an affected area during a 
     period described in section 4(a)(1)(A)(i) or section 4(a)(2) 
     if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the individual's presence in an affected 
     area during that time period;
       ``(ii) attests to the individual's presence in an affected 
     area during that period;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.
       ``(C) Participation at testing site.--For purposes of this 
     Act, the Attorney General shall accept a written affidavit or 
     declaration as evidence to substantiate an individual's 
     participation onsite in a test involving the atmospheric 
     detonation of a nuclear device if the affidavit--
       ``(i) is provided in addition to other material that may be 
     used to substantiate the individual's participation onsite in 
     a test involving the atmospheric detonation of a nuclear 
     device;
       ``(ii) attests to the individual's participation onsite in 
     a test involving the atmospheric detonation of a nuclear 
     device;
       ``(iii) is made subject to penalty for perjury; and
       ``(iv) is made by a person other than the individual filing 
     the claim.''.
       (b) Technical and Conforming Amendments.--Section 6 is 
     amended--
       (1) in subsection (b)(2)(C), by striking ``section 
     4(a)(2)(C)'' and inserting ``section 4(a)(2)(E)'';
       (2) in subsection (c)(2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4'' 
     and inserting ``subsection (a)(1), (a)(2)(A), (a)(2)(B), 
     (a)(2)(C), or (a)(2)(D) of section 4''; and
       (ii) in clause (i), by striking ``subsection (a)(1), 
     (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
     ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 
     (a)(2)(D) of section 4''; and
       (B) in subparagraph (B), by striking ``section 4(a)(2)(C)'' 
     and inserting ``section 4(a)(2)(E)''; and
       (3) in subsection (e), by striking ``subsection (a)(1), 
     (a)(2)(A), or (a)(2)(B) of section 4'' and inserting 
     ``subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or 
     (a)(2)(D) of section 4''.
       (c) Regulations.--
       (1) In general.--Section 6(k) is amended by adding at the 
     end the following: ``Not later than 180 days after the date 
     of enactment of the Radiation Exposure Compensation Act 
     Amendments of 2024, the Attorney General shall issue revised 
     regulations to carry out this Act.''.
       (2) Considerations in revisions.--In issuing revised 
     regulations under section 6(k) of the Radiation Exposure 
     Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note), 
     as amended under paragraph (1), the Attorney General shall 
     ensure that procedures with respect to the submission and 
     processing of claims under such Act take into account and 
     make allowances for the law, tradition, and

[[Page S539]]

     customs of Indian tribes, including by accepting as a record 
     of proof of physical presence for a claimant a grazing 
     permit, a homesite lease, a record of being a holder of a 
     post office box, a letter from an elected leader of an Indian 
     tribe, or a record of any recognized tribal association or 
     organization.

     SEC. 4107. LIMITATION ON CLAIMS.

       (a) Extension of Filing Time.--Section 8(a) is amended--
       (1) by striking ``2 years'' and inserting ``19 years''; and
       (2) by striking ``2022'' and inserting ``2023''.
       (b) Resubmittal of Claims.--Section 8(b) is amended to read 
     as follows:
       ``(b) Resubmittal of Claims.--
       ``(1) Denied claims.--After the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024, any 
     claimant who has been denied compensation under this Act may 
     resubmit a claim for consideration by the Attorney General in 
     accordance with this Act not more than three times. Any 
     resubmittal made before the date of the enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024 shall 
     not be applied to the limitation under the preceding 
     sentence.
       ``(2) Previously successful claims.--
       ``(A) In general.--After the date of enactment of the 
     Radiation Exposure Compensation Act Amendments of 2024, any 
     claimant who received compensation under this Act may submit 
     a request to the Attorney General for additional compensation 
     and benefits. Such request shall contain--
       ``(i) the claimant's name, social security number, and date 
     of birth;
       ``(ii) the amount of award received under this Act before 
     the date of enactment of the Radiation Exposure Compensation 
     Act Amendments of 2024;
       ``(iii) any additional benefits and compensation sought 
     through such request; and
       ``(iv) any additional information required by the Attorney 
     General.
       ``(B) Additional compensation.--If the claimant received 
     compensation under this Act before the date of enactment of 
     the Radiation Exposure Compensation Act Amendments of 2024 
     and submits a request under subparagraph (A), the Attorney 
     General shall--
       ``(i) pay the claimant the amount that is equal to any 
     excess of--

       ``(I) the amount the claimant is eligible to receive under 
     this Act (as amended by the Radiation Exposure Compensation 
     Act Amendments of 2024); minus
       ``(II) the aggregate amount paid to the claimant under this 
     Act before the date of enactment of the Radiation Exposure 
     Compensation Act Amendments of 2024; and

       ``(ii) in any case in which the claimant was compensated 
     under section 4, provide the claimant with medical benefits 
     under section 4(a)(5).''.

     SEC. 4108. GRANT PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF 
                   URANIUM MINING AND MILLING.

       (a) Definitions.--In this section--
       (1) the term ``institution of higher education'' has the 
     meaning given under section 101 of the Higher Education Act 
     of 1965 (20 U.S.C. 1001);
       (2) the term ``program'' means the grant program 
     established under subsection (b); and
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (b) Establishment.--The Secretary shall establish a grant 
     program relating to the epidemiological impacts of uranium 
     mining and milling. Grants awarded under the program shall be 
     used for the study of the epidemiological impacts of uranium 
     mining and milling among non-occupationally exposed 
     individuals, including family members of uranium miners and 
     millers.
       (c) Administration.--The Secretary shall administer the 
     program through the National Institute of Environmental 
     Health Sciences.
       (d) Eligibility and Application.--Any institution of higher 
     education or nonprofit private entity shall be eligible to 
     apply for a grant. To apply for a grant an eligible 
     institution or entity shall submit to the Secretary an 
     application at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may 
     reasonably require.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2024 through 2026.

     SEC. 4109. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) Covered Employees With Cancer.--Section 3621(9) of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking 
     subparagraph (A) and inserting the following:
       ``(A) An individual with a specified cancer who is a member 
     of the Special Exposure Cohort, if and only if--
       ``(i) that individual contracted that specified cancer 
     after beginning employment at a Department of Energy facility 
     (in the case of a Department of Energy employee or Department 
     of Energy contractor employee) or at an atomic weapons 
     employer facility (in the case of an atomic weapons 
     employee); or
       ``(ii) that individual--

       ``(I) contracted that specified cancer after beginning 
     employment in a uranium mine or uranium mill described under 
     section 5(a)(1)(A)(i) of the Radiation Exposure Compensation 
     Act (42 U.S.C. 2210 note) (including any individual who was 
     employed in core drilling or the transport of uranium ore or 
     vanadium-uranium ore from such mine or mill) located in 
     Colorado, New Mexico, Arizona, Wyoming, South Dakota, 
     Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any 
     State the Attorney General makes a determination under 
     section 5(a)(2) of that Act for inclusion of eligibility 
     under section 5(a)(1) of that Act; and
       ``(II) was employed in a uranium mine or uranium mill 
     described under subclause (I) (including any individual who 
     was employed in core drilling or the transport of uranium ore 
     or vanadium-uranium ore from such mine or mill) at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990.''.

       (b) Members of Special Exposure Cohort.--Section 3626 of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384q) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) The Advisory Board on Radiation and Worker Health 
     under section 3624 shall advise the President whether there 
     is a class of employees--
       ``(A) at any Department of Energy facility who likely were 
     exposed to radiation at that facility but for whom it is not 
     feasible to estimate with sufficient accuracy the radiation 
     dose they received; and
       ``(B) employed in a uranium mine or uranium mill described 
     under section 5(a)(1)(A)(i) of the Radiation Exposure 
     Compensation Act (42 U.S.C. 2210 note) (including any 
     individual who was employed in core drilling or the transport 
     of uranium ore or vanadium-uranium ore from such mine or 
     mill) located in Colorado, New Mexico, Arizona, Wyoming, 
     South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, 
     Texas, and any State the Attorney General makes a 
     determination under section 5(a)(2) of that Act for inclusion 
     of eligibility under section 5(a)(1) of that Act, at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990, who likely were exposed to radiation at 
     that mine or mill but for whom it is not feasible to estimate 
     with sufficient accuracy the radiation dose they received.''; 
     and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Designation of Additional Members.--
       ``(1) Subject to the provisions of section 3621(14)(C), the 
     members of a class of employees at a Department of Energy 
     facility, or at an atomic weapons employer facility, may be 
     treated as members of the Special Exposure Cohort for 
     purposes of the compensation program if the President, upon 
     recommendation of the Advisory Board on Radiation and Worker 
     Health, determines that--
       ``(A) it is not feasible to estimate with sufficient 
     accuracy the radiation dose that the class received; and
       ``(B) there is a reasonable likelihood that such radiation 
     dose may have endangered the health of members of the class.
       ``(2) Subject to the provisions of section 3621(14)(C), the 
     members of a class of employees employed in a uranium mine or 
     uranium mill described under section 5(a)(1)(A)(i) of the 
     Radiation Exposure Compensation Act (42 U.S.C. 2210 note) 
     (including any individual who was employed in core drilling 
     or the transport of uranium ore or vanadium-uranium ore from 
     such mine or mill) located in Colorado, New Mexico, Arizona, 
     Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, 
     Oregon, Texas, and any State the Attorney General makes a 
     determination under section 5(a)(2) of that Act for inclusion 
     of eligibility under section 5(a)(1) of that Act, at any time 
     during the period beginning on January 1, 1942, and ending on 
     December 31, 1990, may be treated as members of the Special 
     Exposure Cohort for purposes of the compensation program if 
     the President, upon recommendation of the Advisory Board on 
     Radiation and Worker Health, determines that--
       ``(A) it is not feasible to estimate with sufficient 
     accuracy the radiation dose that the class received; and
       ``(B) there is a reasonable likelihood that such radiation 
     dose may have endangered the health of members of the 
     class.''.
                                 ______
                                 
  SA 1430. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 39, strike lines 9 through 19.
                                 ______
                                 
  SA 1431. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care

[[Page S540]]

program, and for other purposes; which was ordered to lie on the table; 
as follows:

        On page 38, strike lines 4 through 21.
                                 ______
                                 
  SA 1432. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        In division A, strike section 602.
                                 ______
                                 
  SA 1433. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON USE OF PRESIDENTIAL DRAWDOWN 
                   AUTHORITY WHEN REMAINING VALUE EXCEEDS AMOUNTS 
                   AVAILABLE FOR STOCKPILE REPLENISHMENT.

       Section 506(a)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)(1)) is amended by adding at the end the 
     following new sentence: ``Whenever the remaining value of the 
     authority provided by this paragraph exceeds the amounts 
     available to the Secretary of Defense for the replenishment 
     of stockpiles, the President may not use such authority.''.
                                 ______
                                 
  SA 1434. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. CONGRESSIONAL APPROVAL FOR PRESIDENTIAL DRAWDOWN 
                   AUTHORITY IN EXCESS OF FISCAL YEAR LIMITATION.

       Section 506(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)) is amended--
       (1) in paragraph (1), in the undesignated matter following 
     subparagraph (B), by inserting ``, except as provided in 
     paragraph (6)'' after ``fiscal year''; and
       (2) by adding at the end the following new paragraph:
       ``(6)(A) The President may use the authority provided by 
     paragraph (1) when the aggregate value of the use of such 
     authority would exceed $100,000,000 in a fiscal year if--
       ``(i) the President submits to Congress--
       ``(I) a request for authorization to use such authority 
     resulting in an aggregate value that exceeds $100,000,000; 
     and
       ``(II) a report that an unforeseen emergency exists, in 
     accordance with paragraph (1); and
       ``(ii) after the submission of such request and report, 
     there is enacted a joint resolution or other provision of law 
     approving the authorization requested.
       ``(B)(i) Each request submitted under subparagraph (A)(i) 
     may only request authorization for the use of the authority 
     provided by paragraph (1) for one intended recipient country.
       ``(ii) A resolution described in subparagraph (A)(ii) may 
     only approve a request for authorization for the use of the 
     authority provided by paragraph (1) for one intended 
     recipient country.
       ``(C)(i) Any resolution described in subparagraph (A)(ii) 
     may be considered by Congress using the expedited procedures 
     set forth in this subparagraph.
       ``(ii) For purposes of this subparagraph, the term 
     `resolution' means only a joint resolution of the two Houses 
     of Congress--
       ``(I) the title of which is as follows: `A joint resolution 
     approving the use of the special authority provided by 
     section 506(a)(1) of the Foreign Assistance Act of 1961 in 
     excess of the fiscal year limitation.';
       ``(II) which does not have a preamble; and
       ``(III) the sole matter after the resolving clause of which 
     is as follows: `The proposed use of the special authority 
     provided by section 506(a)(1) of the Foreign Assistance Act 
     of 1961 in excess of the fiscal year limitation, to respond 
     to the unforeseen emergency in ________________, which was 
     received by Congress on __________(Transmittal number), is 
     authorized', with the name of the intended recipient country 
     and transmittal number inserted.
       ``(iii) A resolution described in clause (ii) that is 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations of the Senate. A resolution described in 
     clause (ii) that is introduced in the House of 
     Representatives shall be referred to the Committee on Foreign 
     Affairs of the House of Representatives.
       ``(iv) If the committee to which a resolution described in 
     clause (ii) is referred has not reported such resolution (or 
     an identical resolution) by the end of 10 calendar days 
     beginning on the date of introduction, such committee shall 
     be, at the end of such period, discharged from further 
     consideration of such resolution, and such resolution shall 
     be placed on the appropriate calendar of the House involved.
       ``(v)(I) On or after the third calendar day after the date 
     on which the committee to which such a resolution is referred 
     has reported, or has been discharged (under clause (iv)) from 
     further consideration of, such a resolution, it is in order 
     for any Member of the respective House to move to proceed to 
     the consideration of the resolution. All points of order 
     against the resolution (and against consideration of the 
     resolution) are waived. The motion is highly privileged in 
     the House of Representatives and is privileged in the Senate 
     and is not debatable. 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 resolution is agreed to, the respective House shall 
     immediately proceed to consideration of the joint resolution 
     without intervening motion, order, or other business, and the 
     resolution shall remain the unfinished business of the 
     respective House until disposed of.
       ``(II) Debate on the 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 resolution. An 
     amendment to the resolution is not in order. A motion further 
     to limit debate is in order and not debatable. A motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the resolution is not 
     in order. A motion to reconsider the vote by which the 
     resolution is agreed to or disagreed to is not in order.
       ``(III) Immediately following the conclusion of the debate 
     on the resolution and a single quorum call at the conclusion 
     of the debate if requested in accordance with the rules of 
     the appropriate House, the vote on final passage of the 
     resolution shall occur.
       ``(IV) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate or the House of 
     Representatives, as the case may be, to the procedure 
     relating to a resolution shall be decided without debate.
       ``(vi)(I) If, before passage by one House of a resolution 
     of that House described in clause (ii), that House receives 
     from the other House a resolution described in clause (ii), 
     then the following procedures shall apply:
       ``(aa) The resolution of the other House shall not be 
     referred to a committee.
       ``(bb) The consideration as described in clause (v) in that 
     House shall be the same as if no resolution had been received 
     from the other House, but the vote on final passage shall be 
     on the resolution of the other House.
       ``(II) Upon disposition of the resolution received from the 
     other House, it shall no longer be in order to consider the 
     resolution that originated in the receiving House.
       ``(III) This subparagraph is enacted by Congress--
       ``(aa) as an exercise of the rulemaking power of the Senate 
     and the 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 resolution described 
     in clause (ii), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and
       ``(bb) 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 1435. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        In division A, strike section 603.
                                 ______
                                 
  SA 1436. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United

[[Page S541]]

States Code, to make certain improvements relating to the eligibility 
of veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        On page 41, strike lines 10 through 19.
                                 ______
                                 
  SA 1437. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 39, strike line 22 and all that follows 
     through page 40, line 19.
                                 ______
                                 
  SA 1438. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 38, strike line 22 and all that follows 
     through page 39, line 8.
                                 ______
                                 
  SA 1439. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 37, strike line 21 and all that follows 
     through page 38, line 3.
                                 ______
                                 
  SA 1440. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 104.
                                 ______
                                 
  SA 1441. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  Effective January 1, 2026, the following laws are 
     hereby repealed:
       (1) The Authorization for Use of Military Force Against 
     Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 
     50 U.S.C. 1541 note).
       (2) The Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note).
                                 ______
                                 
  SA 1442. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act for assistance to Ukraine may be 
     obligated or expended until 90 days after the President has 
     initiated peace negotiations between the Governments of 
     Ukraine and the Russian Federation.
                                 ______
                                 
  SA 1443. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available for Ukraine under this Act may be made 
     available for reconstruction activities, including multi-year 
     reconstruction projects.
                                 ______
                                 
  SA 1444. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:
       Sec. __.  None of the amounts appropriated or otherwise 
     made available by this Act may be made available to 
     facilitate the use of military force against Iran, including 
     any deployments to forward operating bases in Iraq and Syria, 
     absent express authorization from Congress.
                                 ______
                                 
  SA 1445. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 38, line 15, insert ``, salaries, or welfare 
     programs'' after ``pensions''.
                                 ______
                                 
  SA 1446. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 38, line 15, insert ``or salaries'' after 
     ``pensions''.
                                 ______
                                 
  SA 1447. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                 TITLE __--EMERGENCY WAR FUNDING REFORM

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Restraining Emergency War 
     Spending Act''.

     SEC. __2. DEFINITION OF EMERGENCY WAR FUNDING.

       For purposes of determining eligible costs for emergency 
     war funding, the term ``emergency war funding'' means--
       (1) a contingency operation (as defined in section 101(a) 
     of title 10, United States Code) conducted by the Department 
     of Defense that--
       (A) is conducted in a foreign country;
       (B) has geographical limits;
       (C) is not longer than 60 days; and
       (D) provides only--

[[Page S542]]

       (i) replacement of ground equipment lost or damaged in 
     conflict;
       (ii) equipment modifications;
       (iii) munitions;
       (iv) replacement of aircraft lost or damaged in conflict;
       (v) military construction for short-term temporary 
     facilities;
       (vi) direct war operations; and
       (vii) fuel;
       (2) the training, equipment, and sustainment activities for 
     foreign military forces by the United States;
       (3) the provision of defense articles over $100,000,000 to 
     a single recipient nation or allied group of nations; or
       (4) assistance provided for the reconstruction of a nation 
     or group of nations in or immediately post-active conflict.

     SEC. __3. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY 
                   OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS 
                   FOR EMERGENCY WAR FUNDING.

       (a) In General.--Title IV of the Congressional Budget Act 
     of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the 
     end the following:

   ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS 
                              LEGISLATION

     ``SEC. 441. POINT OF ORDER AGAINST FUNDING FOR CONTINGENCY 
                   OPERATIONS THAT DOES NOT MEET THE REQUIREMENTS 
                   FOR EMERGENCY WAR FUNDING.

       ``(a) Definitions.--In this section--
       ``(1) the term `contingency operation' has the meaning 
     given that term in section 101 of title 10, United States 
     Code; and
       ``(2) the term `emergency war funding' has the meaning 
     given that term in section __2 of the Restraining Emergency 
     War Spending Act.
       ``(b) Point of Order.--
       ``(1) In general.--In the Senate, it shall not be in order 
     to consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that provides new budget authority for a contingency 
     operation, unless the provision of new budget authority meets 
     the requirements to constitute emergency war funding.
       ``(2) Point of order sustained.--If a point of order is 
     made by a Senator against a provision described in paragraph 
     (1), and the point of order is sustained by the Chair, that 
     provision shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(c) Form of the Point of Order.--A point of order under 
     subsection (b)(1) may be raised by a Senator as provided in 
     section 313(e).
       ``(d) Conference Reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subsection 
     (b)(1), and such point of order being sustained, such 
     material contained in such conference report or House 
     amendment shall be stricken, and the Senate shall proceed to 
     consider the question of whether the Senate shall recede from 
     its amendment and concur with a further amendment, or concur 
     in the House amendment with a further amendment, as the case 
     may be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(e) Supermajority Waiver and Appeal.--
       ``(1) Waiver.--Subsection (b)(1) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(2) Appeals.--Debate on appeals in the Senate from the 
     decisions of the Chair relating to any provision of this 
     section shall be equally divided between, and controlled by, 
     the appellant and the manager of the bill or joint 
     resolution, as the case may be. An affirmative vote of three-
     fifths of the Members of the Senate, duly chosen and sworn, 
     shall be required to sustain an appeal of the ruling of the 
     Chair on a point of order raised under subsection (b)(1).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Congressional Budget Act of 
     1974 is amended by inserting after the item relating to 
     section 428 the following:

   ``PART C--Additional Limitations on Budgetary and Appropriations 
                              Legislation

``Sec. 441. Point of order against funding for contingency operations 
              that does not meet the requirements for emergency war 
              funding.''.
                                 ______
                                 
  SA 1448. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Amend section 614 to read as follows:
       Sec. 614.  None of the funds appropriated or otherwise made 
     available by this division and division B of this Act, and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs, may be made 
     available for assessed or voluntary contributions, grants, or 
     other payments to the United Nations Relief and Works Agency 
     or to any other organ, specialized agency, commission, or 
     other formally affiliated body of the United Nations that 
     provides funding or otherwise operates in Gaza, 
     notwithstanding any other provision of law.
                                 ______
                                 
  SA 1449. Mr. LEE (for himself and Mr. Braun) submitted an amendment 
intended to be proposed to amendment SA 1388 submitted by Mrs. Murray 
(for herself and Mr. Schumer) and intended to be proposed to the bill 
H.R. 815, to amend title 38, United States Code, to make certain 
improvements relating to the eligibility of veterans to receive 
reimbursement for emergency treatment furnished through the Veterans 
Community Care program, and for other purposes; which was ordered to 
lie on the table; as follows:

        In division A, strike section 704 and insert the 
     following:

     SEC. 704. REPORT WITH UKRAINE STRATEGY.

       (a) In General.--Only 2 percent of the amounts appropriated 
     or otherwise made available by this Act for assistance to 
     Ukraine may be obligated or expended until the President, in 
     coordination with the Secretary of Defense and the Secretary 
     of State, develops and submits to Congress a comprehensive 
     report that contains a strategy for United States involvement 
     in Ukraine.
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) define the United States national interests at stake 
     with respect to the conflict between the Russian Federation 
     and Ukraine;
       (2) identify specific objectives the President believes 
     must be achieved in Ukraine in order to protect the United 
     States national interests defined in paragraph (1), and for 
     each objective--
       (A) an estimate of the amount of time required to achieve 
     the objective, with an explanation;
       (B) benchmarks to be used by the President to determine 
     whether an objective has been met, is in the progress of 
     being met, or cannot be met in the time estimated to be 
     required in subparagraph (A); and
       (C) estimates of the amount of resources, including United 
     States personnel, materiel, and funding, required to achieve 
     the objective;
       (3) list the expected contribution for security assistance 
     made by European member countries of the North Atlantic 
     Treaty Organization within the next fiscal year; and
       (4) provide an assessment of the impact of the Russian 
     Federation's dominance of the natural gas market in Europe on 
     the ability to resolve the ongoing conflict with Ukraine.
       (c) Requirements for Strategy.--The strategy included in 
     the report required under subsection (a)--
       (1) shall be designed to achieve a cease-fire in which the 
     Russian Federation and Ukraine agree to abide by the terms 
     and conditions of such cease-fire; and
       (2) may not be contingent on United States involvement of 
     funding of Ukrainian reconstruction.
       (d) Form.--The report required by subsection (a)--
       (1) shall be submitted in an unclassified form; and
       (2) shall include a classified annex if necessary to 
     provide the most holistic picture of information to Congress 
     as required under this section.
       (e) Congress Defined.--In this section, the term 
     ``Congress'' means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate;
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (3) any Member of Congress upon request.
                                 ______
                                 
  SA 1450. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        Beginning on page 39, strike line 22 and all that follows 
     through page 40, line 19.
                                 ______
                                 
  SA 1451. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished

[[Page S543]]

through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        Beginning on page 38, strike line 4 and all that follows 
     through page 40, line 19, and insert the following:

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

                                 ______
                                 
  SA 1452. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place insert the following:

                    DIVISION __--SECURING THE BORDER

     SEC. _001. SHORT TITLE.

       This division may be cited as the ``Secure the Border Act 
     of 2024''.

                        TITLE I--BORDER SECURITY

     SEC. _101. DEFINITIONS.

       In this division:
       (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. _102. BORDER WALL CONSTRUCTION.

       (a) In General.--
       (1) Immediate resumption of border wall construction.--Not 
     later than seven 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 prior to 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 construction 
     of the border wall may be used for activities related to the 
     construction of the border wall in accordance with paragraph 
     (1).
       (b) 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 an implementation plan, including annual 
     benchmarks for the construction of 200 miles of such wall and 
     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 prior to 
     January 20, 2021, through the expenditure of funds 
     appropriated or explicitly obligated, as the case may be, for 
     use, as well as any future funds appropriated or otherwise 
     made available by Congress.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security and the Committee on Appropriations of 
     the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Appropriations of the Senate.
       (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.

     SEC. _103. 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 seven 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, 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 seven 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 of

[[Page S544]]

     the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate of such 
     waiver.''; and
       (4) by adding at the end the following new subsections:
       ``(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 the 
     following:
       ``(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.
       ``(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. _104. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT 
                   PLAN.

       (a) 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 (in this section referred to as the 
     ``plan''). The plan may include a classified annex, if 
     appropriate.
       (b) Contents of Plan.--The plan shall include the 
     following:
       (1) An analysis of security risks at and between ports of 
     entry along the northern and southern borders of the United 
     States.
       (2) An 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, to be 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) An 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) An identification and 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) An 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 to--
       (A) streamline the acquisition process of CBP; and
       (B) 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).
       (16) An identification of recent technological advancements 
     in the following:
       (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 the following:
       (i) Mobile surveillance vehicles.
       (ii) Associated electronics, including cameras, sensor 
     technology, and radar.
       (iii) Tower-based surveillance technology.
       (iv) Advanced unattended surveillance sensors.
       (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.
       (F) Communications equipment, including the following:
       (i) Radios.
       (ii) Long-term evolution broadband.
       (iii) Miniature satellites.
       (c) 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 stakeholders, through requests 
     for information, industry day events, and other innovative 
     means consistent with the Federal Acquisition 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.
       (d) Form.--To the extent practicable, the plan shall be 
     published in unclassified form on the website of the 
     Department.
       (e) Disclosure.--The plan shall include an identification 
     of individuals not employed by the Federal Government, and 
     their professional affiliations, who contributed to the 
     development of the plan.
       (f) Update and Report.--Not later than the date that is two 
     years after the date on which the plan is submitted to the 
     appropriate congressional committees pursuant to subsection 
     (a) and biennially thereafter for ten 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 (b)(5); and
       (B) the type of contract and the reason for acquiring each 
     such security-related technology.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Appropriations of the Senate.
       (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)).

     SEC. _105. 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 new section:

[[Page S545]]

  


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

       ``(a) Major Acquisition Program Defined.--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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate 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; 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 new item:

``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. _106. 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 two-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 Border Security Deployment Program 
     of CBP; 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 two 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, on 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 2023 and 2024 to carry out paragraph (1).

     SEC. _107. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.

       (a) Retention Bonus.--To carry out this section, 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 five years or more of service with the U.S. 
     Border Patrol; and
       (3) who commits to two 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.--No personnel or 
     equipment of Air and Marine Operations may be used for the 
     transportation of non-detained 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 on a 
     publicly available website of the Government Accountability 
     Office a report relating thereto.

     SEC. _108. 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 new subsections:
       ``(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 three 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;
       ``(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 (CBP) certifies to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate that 
     CBP has met all requirements pursuant to section _107 of the 
     Secure the Border Act of 2024 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 re-certifies to such Committees that CBP has so 
     met all such requirements.''.
       (b) Supplemental Commissioner Authority; Reporting; 
     Definitions.--The Anti-Border Corruption Act of 2010 is 
     amended by adding at the end the following new sections:

     ``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Nonexemption.--An individual who receives a waiver 
     under 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 under section

[[Page S546]]

     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 under 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, as the case may be.

     ``SEC. 6. REPORTING.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of this section 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 to Congress a report that includes, with respect to 
     each such reporting period, the following:
       ``(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.
       ``(5) An 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 
     under subsection (a) shall include the following:
       ``(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, as the case may be.
       ``(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. _109. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. 
                   BORDER PATROL AND AIR AND MARINE OPERATIONS OF 
                   CBP.

       (a) In General.--Not later than one 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 
     each of the following:
       (1) The U.S. Border Patrol.
       (2) Air and Marine Operations of CBP.
       (b) Responsibilities of the Commissioner.--Subsection (c) 
     of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 
     211), is amended--
       (1) by redesignating paragraphs (18) and (19) as paragraphs 
     (20) and (21), respectively; and
       (2) by inserting after paragraph (17) the following new 
     paragraphs:
       ``(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;''.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act with respect to subsection (a) and 
     paragraphs (18) and (19) of section 411(c) of the Homeland 
     Security Act of 2002 (as amended by subsection (b)), and 
     annually thereafter with respect to such paragraphs (18) and 
     (19), the Secretary shall submit to the appropriate 
     congressional committees a report that includes a status 
     update on the following:
       (A) The implementation of such subsection (a) and such 
     paragraphs (18) and (19).
       (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.
       (d) Inspector General Review.--Not later than 90 days after 
     the Commissioner develops the workload staffing models 
     pursuant to subsection (a), 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 the following:
       (1) Recommendations from the Inspector General's February 
     2019 audit.
       (2) Any further recommendations to improve such models.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Homeland Security of the House of 
     Representatives; and
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.

     SEC. _110. 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 new section:

     ``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 make grants to eligible law enforcement agencies, 
     through State administrative agencies, to enhance border 
     security in accordance with this section.
       ``(b) Eligible Recipients.--To be eligible to receive a 
     grant under this section, a law enforcement agency shall--
       ``(1) be located in--
       ``(A) a State bordering Canada or Mexico; or
       ``(B) a State or territory with a maritime border;
       ``(2) be involved in an active, ongoing, U.S. Customs and 
     Border Protection operation coordinated through a U.S. Border 
     Patrol sector office; and
       ``(3) have an agreement in place with U.S. Immigration and 
     Customs Enforcement to support enforcement operations.
       ``(c) Permitted Uses.--A recipient of a grant under this 
     section may use such grant for costs associated with the 
     following:
       ``(1) Equipment, including maintenance and sustainment.
       ``(2) Personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities.
       ``(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.
       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section to grant recipients for a period of 
     not fewer than 36 months.
       ``(e) Notification.--Upon denial of a grant to a law 
     enforcement agency, the Administrator shall provide written 
     notice to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, including the reasoning 
     for such denial.
       ``(f) Report.--For each of fiscal years 2024 through 2028 
     the Administrator shall submit to the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate a 
     report that contains--
       ``(1) information on the expenditure of grants made under 
     this section by each grant recipient; and
       ``(2) recommendations for other uses of such grants to 
     further support eligible law enforcement agencies.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated $110,000,000 for each of fiscal years 2024 
     through 2028 for grants under this section.''.
       (b) Conforming Amendment.--Subsection (a) of section 2002 
     of the Homeland Security Act of 2002 (6 U.S.C. 603) 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 new item:

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

[[Page S547]]

  


     SEC. _111. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) 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 Air and Marine Operations of 
     CBP.
       (b) Unmanned Aircraft Systems.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that Air and Marine Operations 
     operate unmanned aircraft systems on the southern border of 
     the United States for not less than 24 hours per day.
       (c) Primary Missions.--The Commissioner shall ensure the 
     following:
       (1) The primary missions for Air and Marine Operations are 
     to directly support the following:
       (A) U.S. Border Patrol activities along the borders of the 
     United States.
       (B) Joint Interagency Task Force South and Joint Task Force 
     East operations in the transit zone.
       (2) The Executive Assistant Commissioner of Air and Marine 
     Operations assigns the greatest priority to support missions 
     specified in paragraph (1).
       (d) 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 
     (c)(1)(A).
       (e) 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 (d).
       (f) Small Unmanned Aircraft Systems.--
       (1) In general.--The Chief of the U.S. Border Patrol shall 
     be the executive agent with respect to the use of small 
     unmanned aircraft by CBP for the purposes of the following:
       (A) Meeting the unmet flight hour operational requirements 
     of the U.S. Border Patrol.
       (B) Achieving situational awareness and operational control 
     of the borders of the United States.
       (2) Coordination.--In carrying out paragraph (1), the Chief 
     of the 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 Air and 
     Marine Operations of CBP to--
       (i) ensure the safety of other CBP aircraft flying in the 
     vicinity of small unmanned aircraft operated by the U.S. 
     Border Patrol; and
       (ii) establish a process to include data from flight hours 
     in the calculation of got away statistics.
       (3) Conforming amendment.--Paragraph (3) of section 411(e) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) 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 new 
     subparagraph:
       ``(C) carry out the small unmanned aircraft (as such term 
     is defined in section 44801 of title 49, United States Code) 
     requirements pursuant to subsection (f) of section _111 of 
     the Secure the Border Act of 2024; and''.
       (g) Savings Clause.--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 of CBP, or the 
     Chief of the 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.
       (h) 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)).

     SEC. _112. 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 subsection (c) 
     of section 102 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as 
     amended by section _103, 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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate 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 for each of fiscal years 2024 
     through 2028 to the Secretary to carry out this subsection.

     SEC. _113. BORDER PATROL STRATEGIC PLAN.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act and biennially thereafter, the 
     Commissioner, acting through the Chief of the 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 the following:
       (1) A consideration of Border Patrol Capability Gap 
     Analysis reporting, Border Security Improvement Plans, and 
     any other strategic document authored by the 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 
     to--
       (A) 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) detect and prevent terrorists and instruments of 
     terrorism from entering the United States;
       (C) detect, interdict, and disrupt between ports of entry 
     aliens unlawfully present in the United States;
       (D) detect, interdict, and disrupt human smuggling, human 
     trafficking, drug trafficking, and other illicit cross-border 
     activity;
       (E) focus intelligence collection to disrupt transnational 
     criminal organizations outside of the international and 
     maritime borders of the United States; and
       (F) 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 the following:
       (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 the following:
       (i) Border agricultural and ranching organizations.
       (ii) Business and civic organizations.
       (iii) Hospitals and rural clinics within 150 miles of the 
     borders of the United States.
       (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.
       (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.
       (10) An assessment of training programs, including such 
     programs relating to the following:
       (A) Identifying and detecting fraudulent documents.
       (B) Understanding the scope of CBP enforcement authorities 
     and appropriate use of force policies.
       (C) Screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking.

     SEC. _114. U.S. CUSTOMS AND BORDER PROTECTION SPIRITUAL 
                   READINESS.

       Not later than one year after the enactment of this Act and 
     annually thereafter for five years, the Commissioner shall 
     submit to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on the 
     availability and usage of the assistance of chaplains, prayer 
     groups, houses of worship, and

[[Page S548]]

     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 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.

     SEC. _115. 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. _116. 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 of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate that CBP is fully 
     compliant with Federal DNA and biometric collection 
     requirements at United States land borders.

     SEC. _117. 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 the 
     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 to the 
     Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a report that 
     summarizes any policy and manual changes pursuant to 
     subsection (a).

     SEC. _118. PUBLICATION BY U.S. CUSTOMS AND BORDER PROTECTION 
                   OF OPERATIONAL STATISTICS.

       (a) 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 
     relating to the total number of alien encounters and 
     nationalities, unique alien encounters and nationalities, 
     gang-affiliated apprehensions and nationalities, drug 
     seizures, alien encounters included in the terrorist 
     screening database and nationalities, arrests of criminal 
     aliens or individuals wanted by law enforcement and 
     nationalities, known got aways, encounters with deceased 
     aliens, and all other related or associated statistics 
     recorded by U.S. Customs and Border Protection during the 
     immediately preceding month. Each such publication shall 
     include the following:
       (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) An 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.
       (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.
       (b) Exceptions.--If the Commissioner of U.S. Customs and 
     Border Protection in any month does not publish the 
     information required under subsection (a), or does not 
     publish such information by the date specified in such 
     subsection, the Commissioner shall brief the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate regarding the reason relating thereto, as the case 
     may be, by not later than the date that is two business days 
     after the tenth day of such month.
       (c) 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)).

     SEC. _119. ALIEN CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than seven days after the date 
     of the enactment of this Act, the Commissioner shall certify 
     to the Committee on Homeland Security and the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs and 
     the Committee on the Judiciary of the Senate 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 also 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 to 
     the Committee on Homeland Security and the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on Homeland Security and Governmental Affairs and the 
     Committee on the Judiciary of the Senate a certification that 
     each database referred to in subsection (b) which the 
     Secretary accessed or sought to access pursuant to this 
     section met the standards described in subsection (b).

     SEC. _120. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT 
                   SECURITY CHECKPOINTS; NOTIFICATION TO 
                   IMMIGRATION AGENCIES.

       (a) In General.--The Administrator may not accept as valid 
     proof of identification a prohibited identification document 
     at an airport security checkpoint.
       (b) Notification to Immigration Agencies.--If an individual 
     presents a prohibited identification document to an officer 
     of the Transportation Security Administration 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.
       (c) 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 (b), 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.
       (d) Collection of Biometric Information From Certain 
     Individuals Seeking Entry Into the Sterile Area of an 
     Airport.--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 
     subsection (e) prior to authorizing such individual to enter 
     into a sterile area.
       (e) Individual Described.--An individual described in this 
     subsection is an individual who--
       (1) is seeking entry into the sterile area of an airport;
       (2) does not present a covered identification document; and
       (3) 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).
       (g) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Transportation Security Administration.

[[Page S549]]

       (2) Biometric information.--The term ``biometric 
     information'' means any of the following:
       (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.
       (E) A voice print.
       (F) An iris image.
       (3) Covered identification document.--The term ``covered 
     identification document'' means any of the following, if the 
     document is valid and unexpired:
       (A) A United States passport or passport card.
       (B) A biometrically secure card issued by a trusted 
     traveler program of the Department of Homeland Security, 
     including--
       (i) Global Entry;
       (ii) Nexus;
       (iii) Secure Electronic Network for Travelers Rapid 
     Inspection (SENTRI); and
       (iv) Free and Secure Trade (FAST).
       (C) An identification card issued by the Department of 
     Defense, including such a card issued to a dependent.
       (D) Any 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) An enhanced driver's license issued by a State.
       (F) A photo identification card issued by a federally 
     recognized Indian Tribe.
       (G) A personal identity verification credential issued in 
     accordance with Homeland Security Presidential Directive 12.
       (H) A driver's license issued by a province of Canada.
       (I) A Secure Certificate of Indian Status issued by the 
     Government of Canada.
       (J) A Transportation Worker Identification Credential.
       (K) A Merchant Mariner Credential issued by the Coast 
     Guard.
       (L) A Veteran Health Identification Card issued by the 
     Department of Veterans Affairs.
       (M) Any other document 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 that 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 any of the 
     following (or any applicable successor form):
       (A) U.S. Immigration and Customs Enforcement Form I-200, 
     Warrant for Arrest of Alien.
       (B) U.S. Immigration and Customs Enforcement Form I-205, 
     Warrant of Removal/Deportation.
       (C) U.S. Immigration and Customs Enforcement Form I-220A, 
     Order of Release on Recognizance.
       (D) U.S. Immigration and Customs Enforcement Form I-220B, 
     Order of Supervision.
       (E) Department of Homeland Security Form I-862, Notice to 
     Appear.
       (F) U.S. Customs and Border Protection Form I-94, Arrival/
     Departure Record (including a print-out of an electronic 
     record).
       (G) 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.
       (6) Sterile area.--The term ``sterile area'' has the 
     meaning given that term in section 1540.5 of title 49, Code 
     of Federal Regulations, or any successor regulation.

     SEC. _121. PROHIBITION AGAINST ANY COVID-19 VACCINE MANDATE 
                   OR ADVERSE ACTION AGAINST DHS 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 report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the following:
       (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.
       (3) How the Department would effectuate reinstatement of 
     such employees.
       (d) Retention and Development of Unvaccinated Employees.--
     The Secretary shall make every effort to retain Department 
     employees who are not vaccinated against COVID-19 and provide 
     such employees with professional development, promotion and 
     leadership opportunities, and consideration equal to that of 
     their peers.

     SEC. _122. CBP ONE APP 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 inspection of perishable cargo.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Commissioner shall report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate the date on which CBP 
     began using CBP One to allow aliens to schedule interviews at 
     land ports of entry, how many aliens have scheduled 
     interviews at land ports of entry using CBP One, the 
     nationalities of such aliens, and the stated final 
     destinations of such aliens within the United States, if any.

     SEC. _123. 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 
     the following:
       (1) A national strategy to address Mexican drug cartels, 
     and a determination regarding whether there should be a 
     designation established to address such cartels.
       (2) Information relating to actions by such cartels that 
     causes harm to the United States.

     SEC. _124. GAO 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 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 the feasibility of a program to 
     reimburse such States for such costs.
       (b) Contents.--The study required under subsection (a) 
     shall include consideration of the following:
       (1) Actions taken by the Department of Homeland Security 
     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 borders, and the costs associated with 
     such actions.
       (3) The feasibility of a program within the Department of 
     Homeland Security to reimburse States for the costs incurred 
     in support of the Federal mission to secure the southwest 
     border.

     SEC. _125. REPORT BY INSPECTOR GENERAL OF THE DEPARTMENT OF 
                   HOMELAND SECURITY.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act and annually thereafter for five years, 
     the Inspector General of the Department of Homeland Security 
     shall submit to the Committee on Homeland Security of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     examining the economic and security impact of mass migration 
     to municipalities and States along the southwest border. Such 
     report shall include information regarding costs incurred by 
     the following:
       (1) State and local law enforcement to secure the southwest 
     border.
       (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.
       (4) Farmers and ranchers due to migration impacts to their 
     properties.
       (b) Consultation.--To produce the report required under 
     subsection (a), the Inspector General of the Department of 
     Homeland Security shall consult with the individuals and 
     representatives of the entities described in paragraphs (1) 
     through (4) of such subsection.

     SEC. _126. OFFSETTING AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Office of the Secretary and Emergency Management.--No 
     funds are authorized to be appropriated for the Alternatives 
     to Detention Case Management Pilot Program or the Office of 
     the Immigration Detention Ombudsman for the Office of the 
     Secretary and Emergency Management of the Department of 
     Homeland Security.
       (b) Management Directorate.--No funds are authorized to be 
     appropriated for electric vehicles or St. Elizabeths campus 
     construction for the Management Directorate of the Department 
     of Homeland Security.
       (c) Intelligence, Analysis, and Situational Awareness.--
     There is authorized to be appropriated $216,000,000 for 
     Intelligence, Analysis, and Situational Awareness of the 
     Department of Homeland Security.
       (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. _127. REPORT TO CONGRESS ON FOREIGN TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act and annually thereafter for five 
     years, the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the

[[Page S550]]

     Committee on Homeland Security and Governmental Affairs of 
     the Senate an assessment of foreign terrorist organizations 
     attempting to move their members or affiliates into the 
     United States through the southern, northern, or maritime 
     border.
       (b) Definition.--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).

     SEC. _128. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT 
                   OF HOMELAND SECURITY ON 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 of Homeland 
     Security shall submit to the Committee on Homeland Security 
     of the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate an assessment 
     of U.S. Customs and Border Protection's ability to mitigate 
     unmanned aircraft systems at the southwest border. Such 
     assessment shall include information regarding any 
     intervention between January 1, 2021, and the date of the 
     enactment of this Act, by any Federal agency affecting in any 
     manner U.S. Customs and Border Protection's authority to so 
     mitigate such systems.

             TITLE II--ASYLUM REFORM AND BORDER PROTECTION

     SEC. _201. 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'' and 
     inserting ``if the Attorney General or the Secretary of 
     Homeland Security determines--'';
       (2) by striking ``that the alien may be removed'' and 
     inserting the following:
       ``(i) that the alien may be removed'';
       (3) by striking ``, pursuant to a bilateral or multilateral 
     agreement, to'' and inserting ``to'';
       (4) by inserting ``or the Secretary, on a case by case 
     basis,'' before ``finds that'';
       (5) by striking the period at the end and inserting ``; 
     or''; and
       (6) by adding at the end the following:
       ``(ii) that 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 a victim 
     of a severe form of trafficking in which a commercial sex act 
     was induced by force, fraud, or coercion, or in which the 
     person induced to perform such act was under the age of 18 
     years; or in which 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 was 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. _202. 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. _203. CLARIFICATION OF ASYLUM ELIGIBILITY.

       (a) In General.--Section 208(b)(1)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1158(b)(1)(A)) is amended by 
     inserting after ``section 101(a)(42)(A)'' the following: 
     ``(in accordance with the rules set forth in this section), 
     and is eligible to apply for asylum under subsection (a)''.
       (b) Place of Arrival.--Section 208(a)(1) of the Immigration 
     and Nationality Act (8 U.S.C. 1158(a)(1)) is amended--
       (1) by striking ``or who arrives in the United States 
     (whether or not at a designated port of arrival and including 
     an alien who is brought to the United States after having 
     been interdicted in international or United States 
     waters),''; and
       (2) by inserting after ``United States'' the following: 
     ``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),''.

     SEC. _204. EXCEPTIONS.

       Paragraph (2) of section 208(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)) is amended to read as 
     follows:
       ``(2) Exceptions.--
       ``(A) 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 those phrases 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);

       ``(iv) the alien has been convicted of an offense arising 
     under paragraph (1)(A) or (2) of section 274(a), or under 
     section 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 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, 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 one 
     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--

[[Page S551]]

       ``(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 the 
     United States prior to the arrival of the alien 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 
     prior to 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.
       ``(B) Special rules.--
       ``(i) Particularly serious crime; serious nonpolitical 
     crime outside the united states.--

       ``(I) In general.--For purposes of subparagraph (A)(x), the 
     Attorney General or Secretary of Homeland Security, in their 
     discretion, 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 is 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 (as defined under this section) or an aggravated 
     felony (as defined under 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 (A)(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 (A)(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 (A)(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) Battery or extreme cruelty.--In making a 
     determination under subparagraph (A)(ix), the phrase `battery 
     or extreme cruelty' includes--

       ``(aa) any act or threatened act of violence, including any 
     forceful detention, which results or threatens to result in 
     physical or mental injury;
       ``(bb) psychological or sexual abuse or exploitation, 
     including rape, molestation, incest, or forced prostitution, 
     shall be considered acts of violence; and
       ``(cc) 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.

       ``(IV) Exception for victims of domestic violence.--An 
     alien who was convicted of an offense described in clause 
     (viii) or (ix) of subparagraph (A) is not ineligible for 
     asylum on that basis if the alien satisfies the criteria 
     under section 237(a)(7)(A).

       ``(C) 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.
       ``(D) Definitions and clarifications.--
       ``(i) Definitions.--For purposes of this paragraph:

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

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

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

       ``(aa) any crime defined as a misdemeanor by the relevant 
     jurisdiction (Federal, State, tribal, or local) of 
     conviction; or
       ``(bb) any crime not punishable by more than one year of 
     imprisonment.
       ``(ii) 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.--

       ``(aa) 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.
       ``(bb) Ameliorating immigration consequences.--For purposes 
     of item (aa)(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 one year 
     after the date of the original order of conviction or 
     sentencing, whichever is later.
       ``(cc) 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 effect under this paragraph, but 
     may consider such additional information as the immigration 
     judge determines appropriate.
       ``(E) 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).
       ``(F) No judicial review.--There shall be no judicial 
     review of a determination of the Secretary of Homeland 
     Security or the Attorney General under subparagraph 
     (A)(xiii).''.

     SEC. _205. EMPLOYMENT AUTHORIZATION.

       Paragraph (2) of section 208(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)) 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 prior to the date that is 180 days 
     after the date of filing of the application for asylum.
       ``(B) Termination.--Each grant of employment authorization 
     under subparagraph (A), and any renewal or extension thereof, 
     shall be valid for a period of 6 months, except that such 
     authorization, renewal, or extension shall terminate prior to 
     the end of such 6 month period as follows:
       ``(i) Immediately following the denial of an asylum 
     application by an asylum officer, unless the case is referred 
     to an immigration judge.

[[Page S552]]

       ``(ii) 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.
       ``(iii) Immediately following the denial by the Board of 
     Immigration Appeals of 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 
     subparagraph (B)(i), (ii), or (iii), 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. _206. ASYLUM FEES.

       Paragraph (3) of section 208(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)) is amended to read as 
     follows:
       ``(3) Fees.--
       ``(A) Application fee.--A fee of not less than $50 for each 
     application for asylum shall be imposed. Such fee shall not 
     exceed the cost of adjudicating the application. Such fee 
     shall not apply to an unaccompanied alien child who files an 
     asylum application in proceedings under section 240.
       ``(B) Employment authorization.--A fee may also be imposed 
     for the consideration of an application for employment 
     authorization under this section and for adjustment of status 
     under section 209(b). Such a fee shall not exceed the cost of 
     adjudicating the application.
       ``(C) Payment.--Fees under this paragraph may be assessed 
     and paid over a period of time or by installments.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall be construed to limit the authority of the Attorney 
     General or Secretary of Homeland Security to set adjudication 
     and naturalization fees in accordance with section 286(m).''.

     SEC. _207. RULES FOR DETERMINING ASYLUM ELIGIBILITY.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by adding at the end the following:
       ``(f) Rules for Determining Asylum Eligibility.--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 following shall apply:
       ``(1) Particular social group.--The Secretary of Homeland 
     Security or the Attorney General shall 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.
       ``(2) 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 thereof.
       ``(3) 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.
       ``(4) 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 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 Secretary of Homeland Security shall not favorably 
     exercise discretion under this section for any alien who--
       ``(i) has accrued more than one year of unlawful presence 
     in the United States, as defined in sections 212(a)(9)(B)(ii) 
     and (iii), prior to 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, has--

       ``(I) 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) failed to satisfy any outstanding Federal, State, or 
     local tax obligations; or
       ``(III) 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 two 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 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.--If one or more of the adverse 
     discretionary factors set forth in subparagraph (B) are 
     present, the Attorney General or the Secretary, may, 
     notwithstanding such subparagraph (B), 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.
       ``(5) Limitation.--If the Secretary or the Attorney General 
     determines that an alien fails to satisfy the requirement 
     under paragraph (1), the alien may not be granted asylum 
     based on membership in a particular social group, and may not 
     appeal the determination of the Secretary or Attorney 
     General, as applicable. 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 complies with the 
     procedural requirements for such a motion and demonstrates 
     that counsel's failure to define, or provide a basis for 
     defining, a formulation of a particular social group was both 
     not a strategic choice and constituted egregious conduct.
       ``(6) 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.
       ``(7) Definitions.--In this section:
       ``(A) 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) 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.
       ``(C) The term `persecution' 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. Such term 
     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;

[[Page S553]]

       ``(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) non-severe economic harm or property damage.''.

     SEC. _208. FIRM RESETTLEMENT.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158), as amended by this title, is further amended by 
     adding at the end the following:
       ``(g) Firm Resettlement.--In determining whether an alien 
     was firmly resettled in another country prior to arriving in 
     the United States under subsection (b)(2)(A)(xiv), the 
     following shall apply:
       ``(1) In general.--An 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 resided in a country through which the 
     alien transited prior to arriving in or entering the United 
     States and--
       ``(i) received or was eligible for any permanent legal 
     immigration status in that country;
       ``(ii) resided in such a country with any non-permanent but 
     indefinitely renewable legal immigration status (including 
     asylee, refugee, or similar status, but excluding status of a 
     tourist); or
       ``(iii) resided in such a country and could have applied 
     for and obtained an immigration status described in clause 
     (ii);
       ``(B) the alien physically resided voluntarily, and without 
     continuing to suffer persecution or torture, in any one 
     country for one year or more after departing his country of 
     nationality or last habitual residence and prior to arrival 
     in or entry 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 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 the alien was present in that 
     country after departing his country of nationality or last 
     habitual residence and prior to arrival in or entry into the 
     United States.
       ``(2) Burden of proof.--If an immigration judge determines 
     that an alien has firmly resettled in another country under 
     paragraph (1), 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 
     the alien's parent was firmly resettled in another country, 
     the parent's resettlement occurred before the alien turned 18 
     years of age, and 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 non-permanent but indefinitely 
     renewable legal immigration status (including asylum, 
     refugee, or similar status, but excluding status of a 
     tourist) from the alien's parent.''.

     SEC. _209. 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 the 
     Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is 
     amended by striking ``If the'' and all that follows and 
     inserting:
       ``(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 under 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) it is so insufficient in substance that it is clear 
     that the applicant knowingly filed the application solely or 
     in part to delay removal from the United States, to seek 
     employment authorization as an applicant for asylum pursuant 
     to regulations issued pursuant to paragraph (2), or 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 are knowingly 
     fabricated.
       ``(C) Sufficient opportunity to clarify.--In determining 
     that an application is frivolous, the Secretary or the 
     Attorney General, must be satisfied that the applicant, 
     during the course of the proceedings, has had sufficient 
     opportunity to clarify any discrepancies or implausible 
     aspects of the 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 
     pursuant to the Convention Against Torture.''.

     SEC. _210. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''; and
       (B) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``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 ``Secretary of Homeland Security or the'' 
     before ``Attorney General''; and
       (C) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``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), 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. _211. 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 Described.--Subsection (a) shall apply only to an 
     asylum application filed by an alien who is a national of a 
     Western Hemisphere country subject to sanctions pursuant to--
       (1) the Cuban Liberty and Democratic Solidarity (LIBERTAD) 
     Act of 1996 (22 U.S.C. 6021 note);
       (2) the Reinforcing Nicaragua's Adherence to Conditions for 
     Electoral Reform Act of 2021 or the RENACER Act (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. _301. 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)'' and inserting ``subparagraph (A) or (C) of 
     section 212(a)(6)''; and
       (II) by adding at the end the following:

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

       (I) in clause (ii), by striking ``asylum.'' and inserting 
     ``asylum and shall not be released (including pursuant to 
     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 as described in 
     paragraph (3).''; and
       (II) in clause (iii)(IV)--

       (aa) in the header by striking ``detention'' and inserting 
     ``detention, return, or removal''; and
       (bb) by adding at the end the following: ``The alien shall 
     not be released (including pursuant to 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 as described in 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 shall 
     not be released (including pursuant to 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 as described in paragraph 
     (3).''; and

       (ii) by striking subparagraph (C);

[[Page S554]]

       (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 to a foreign territory contiguous to the United States 
     any alien arriving on land from that territory (whether or 
     not at a designated port of entry) pending a proceeding under 
     section 240 or review of a determination under subsection 
     (b)(1)(B)(iii)(III).
       ``(B) Mandatory return.--If at any time the Secretary of 
     Homeland Security cannot--
       ``(i) comply with its obligations to detain an alien as 
     required under 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 to a foreign territory contiguous 
     to the United States any alien arriving on land from that 
     territory (whether or not at a designated port of entry) 
     pending a proceeding under section 240 or 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 
     his discretion, that the prohibition of the introduction of 
     aliens who are inadmissible under subparagraph (A) or (C) of 
     section 212(a)(6) or under section 212(a)(7) 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 of time as the Secretary determines is 
     necessary for such purpose.''.

     SEC. _302. OPERATIONAL DETENTION FACILITIES.

       (a) In General.--Not later than September 30, 2023, the 
     Secretary of Homeland Security 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, that subsequently closed or with respect to 
     which the use was altered, reduced, or discontinued after 
     January 20, 2021. In carrying out the requirement under this 
     subsection, the Secretary may use the authority under section 
     103(a)(11) of the Immigration and Nationality Act (8 U.S.C. 
     1103(a)(11)).
       (b) Specific Facilities.--The requirement under subsection 
     (a) shall include at a minimum, reopening, or restoring, the 
     following facilities:
       (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.
       (5) South Texas Family Residential Center.
       (c) Exception.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Secretary of Homeland Security is authorized to 
     obtain equivalent capacity for detention facilities at 
     locations other than those listed in subsection (b).
       (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.
       (d) 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 on--
       (1) compliance with the deadline under subsection (a);
       (2) the increase in detention capabilities required by this 
     section--
       (A) for the 90-day period immediately preceding the date 
     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 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 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 such report is submitted;
       (4) the number of aliens released due to a lack of 
     available detention beds; and
       (5) the resources the Department of Homeland Security needs 
     in order to comply with the requirements under this section.
       (e) Notification.--The Secretary of Homeland Security shall 
     notify Congress, and include with such notification 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.
       (f) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means--
       (1) the Committee on the Judiciary of the House of 
     Representatives;
       (2) the Committee on Appropriations of the House of 
     Representatives;
       (3) the Committee on the Judiciary of the Senate; and
       (4) the Committee on Appropriations of the Senate.

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

     SEC. _401. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE 
                   COOPERATION ON IMMIGRATION AND ASYLUM.

       It is the policy of the United States to enter into 
     agreements, accords, and memoranda of understanding with 
     countries in the Western Hemisphere, the purposes of which 
     are to advance the interests of the United States by reducing 
     costs associated with illegal immigration and to protect the 
     human capital, societal traditions, and economic growth of 
     other countries in the Western Hemisphere. It is further the 
     policy of the United States 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. _402. NEGOTIATIONS BY SECRETARY OF STATE.

       (a) Authorization To Negotiate.--The Secretary of State 
     shall seek to negotiate agreements, accords, and memoranda of 
     understanding between the United States, Mexico, Honduras, El 
     Salvador, Guatemala, and other countries in the Western 
     Hemisphere with respect to cooperation and burden sharing 
     required for effective regional immigration enforcement, 
     expediting legal claims by aliens for asylum, and the 
     processing, detention, and repatriation of foreign nationals 
     seeking to enter the United States unlawfully. Such 
     agreements shall be designed to facilitate a regional 
     approach to immigration enforcement and shall, at a minimum, 
     provide that--
       (1) the Government of Mexico authorize and accept the rapid 
     entrance into Mexico of nationals of countries other than 
     Mexico who seek asylum in Mexico, and process the asylum 
     claims of such nationals inside Mexico, in accordance with 
     both domestic law and international treaties and conventions 
     governing the processing of asylum claims;
       (2) the Government of Mexico authorize and accept both 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 the continued presence of such 
     nationals in Mexico while they wait for the adjudication of 
     their asylum claims to conclude in the United States;
       (3) the Government of Mexico commit to provide the 
     individuals described in paragraphs (1) and (2) with 
     appropriate humanitarian protections;
       (4) the Government of Honduras, the Government of El 
     Salvador, and the Government of Guatemala each authorize and 
     accept the entrance into the respective countries of 
     nationals of other countries seeking asylum in the applicable 
     such country and process such claims in accordance with 
     applicable domestic law and international treaties and 
     conventions governing the processing of asylum claims;
       (5) the Government of the United States commit to work to 
     accelerate the adjudication of asylum claims and to conclude 
     removal proceedings in the wake of asylum adjudications as 
     expeditiously as possible;
       (6) the Government of the United States commit to continue 
     to assist the governments of countries in the Western 
     Hemisphere, such as the Government of Honduras, the 
     Government of El Salvador, and the Government of Guatemala, 
     by supporting the enhancement of asylum capacity in those 
     countries; and

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       (7) the Government of the United States commit to 
     monitoring developments in hemispheric immigration trends and 
     regional asylum capabilities to determine whether additional 
     asylum cooperation agreements are warranted.
       (b) Notification in Accordance With Case-Zablocki Act.--The 
     Secretary of State shall, in accordance with section 112b of 
     title 1, United States Code, promptly inform the relevant 
     congressional committees of each agreement entered into 
     pursuant to subsection (a). Such notifications shall be 
     submitted not later than 48 hours after such agreements are 
     signed.
       (c) Alien Defined.--In this section, the term ``alien'' has 
     the meaning given such term in section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101).

     SEC. _403. MANDATORY BRIEFINGS ON UNITED STATES EFFORTS TO 
                   ADDRESS THE BORDER CRISIS.

       (a) 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 (b), the Secretary of State, or the designee of 
     the Secretary of State, shall provide to the appropriate 
     congressional committees an in-person briefing on efforts 
     undertaken pursuant to the negotiation authority provided by 
     section _402 to monitor, deter, and prevent illegal 
     immigration to the United States, including by entering into 
     agreements, accords, and memoranda of understanding with 
     foreign countries and by using United States foreign 
     assistance to stem the root causes of migration in the 
     Western Hemisphere.
       (b) 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.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Affairs of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate.

            TITLE V--ENSURING UNITED FAMILIES AT THE BORDER

     SEC. _501. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

       (a) In General.--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) Construction.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, judicial determination, consent decree, or settlement 
     agreement, 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). 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 an alien, during the 
     period during which the charges described in clause (i) are 
     pending, who--
       ``(i) is charged only with a misdemeanor offense under 
     section 275(a) of the Immigration and Nationality Act (8 
     U.S.C. 1325(a)); and
       ``(ii) entered the United States with the alien's child who 
     has not attained 18 years of age; and
       ``(B) detain the alien with the alien's child.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the amendments in this section to section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232) are 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) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all actions that occur before, on, or 
     after such date.
       (d) 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 one or more of 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 thereof.

                    TITLE VI--PROTECTION OF CHILDREN

     SEC. _601. FINDINGS.

       Congress makes the following findings:
       (1) Implementation of the provisions of the Trafficking 
     Victims Protection Reauthorization Act of 2008 that govern 
     unaccompanied alien children has incentivized multiple surges 
     of unaccompanied alien children arriving at the southwest 
     border in the years since the bill's enactment.
       (2) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 that govern unaccompanied alien 
     children 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, but 
     allowing for the release of unaccompanied alien children from 
     noncontiguous countries into the interior of the United 
     States, often to those individuals who paid to smuggle them 
     into the country in the first place.
       (3) The provisions of the Trafficking Victims Protection 
     Reauthorization Act of 2008 governing unaccompanied alien 
     children have enriched the cartels, who profit hundreds of 
     millions of dollars each year by smuggling unaccompanied 
     alien children to the southwest border, exploiting and 
     sexually abusing many such unaccompanied alien children on 
     the perilous journey.
       (4) Prior to 2008, the number of unaccompanied alien 
     children encountered at the southwest border never exceeded 
     1,000 in a single year.
       (5) The United States is currently in the midst of the 
     worst crisis of unaccompanied alien children in our Nation's 
     history, with over 350,000 such unaccompanied alien children 
     encountered at the southwest border since Joe Biden became 
     President.
       (6) In 2022, during the Biden Administration, 152,057 
     unaccompanied alien children were encountered, the most ever 
     in a single year and an over 400 percent increase compared to 
     the last full fiscal year of the Trump Administration in 
     which 33,239 unaccompanied alien children were encountered.
       (7) The Biden Administration has lost contact with at least 
     85,000 unaccompanied alien children who entered the United 
     States since Joe Biden took office.
       (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 recent New York Times investigation found that 
     unaccompanied alien children are being exploited in the labor 
     market and ``are ending up in some of the most punishing jobs 
     in the country.''.
       (10) The Times investigation found unaccompanied alien 
     children, ``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,'' feared ``that they had become trapped in 
     circumstances they never could have imagined.''.
       (11) The Biden Administration's Department of Health and 
     Human Services Secretary Xavier Becerra compared placing 
     unaccompanied alien children with sponsors, to widgets in an 
     assembly line, 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.''.
       (12) 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.''.
       (13) Despite this, Secretary Xavier Becerra pressured then-
     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 then-Director Huang resigned one month later.
       (14) In June 2014, the Obama-Biden Administration requested 
     legal authority to exercise discretion in returning and 
     removing unaccompanied alien children from non-contiguous 
     countries back to their home countries.
       (15) In August 2014, the House of Representatives passed 
     H.R. 5320, which included the Protection of Children Act.
       (16) This title ends the disparate policies of the 
     Trafficking Victims Protection Reauthorization Act of 2008 by 
     ensuring the swift return of all unaccompanied alien children 
     to their country of origin if they are not victims of 
     trafficking and do not have a fear of return.

     SEC. _602. 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 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 inserting ``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 before ``permit such child 
     to withdraw'' the following: ``may''; and
       (III) in clause (ii), by inserting before ``return such 
     child'' the following: ``shall''; and

[[Page S556]]

       (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 listed in 
     paragraph (2)(A)''; and
       (ii) in clause (i), by inserting before the semicolon at 
     the end the following: ``, which shall include a hearing 
     before an immigration judge not later than 14 days after 
     being screened under paragraph (4)'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting before the semicolon 
     the following: ``believed not to meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (ii) in subparagraph (B), by inserting before the period 
     the following: ``and does not meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (B) in paragraph (3), by striking ``an unaccompanied alien 
     child in custody shall'' and all that follows, and inserting 
     the following: ``an unaccompanied alien child in custody--
       ``(A) in the case of a child who does not meet the criteria 
     listed in 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 listed 
     in 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 inserting at the end the 
     following:
       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to homeland security.--
     Before placing a child with an individual, the Secretary of 
     Health and Human Services shall provide to the Secretary of 
     Homeland Security, regarding the individual with whom the 
     child will be placed, information on--

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

       ``(ii) Activities of the 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 after ``to the greatest extent 
     practicable'' the following: ``(at no expense to the 
     Government)''; 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 this section 
     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. _603. 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 inserting ``and'' after the 
     semicolon; 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 one parent or legal guardian is not precluded by 
     abuse, neglect, abandonment, or any similar cause under State 
     law;''.

     SEC. _604. RULE OF CONSTRUCTION.

       Nothing in this title shall be construed to limit the 
     following 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) Screening of such a child for a credible fear of return 
     to his or her country of origin.
       (2) Screening of such a child to determine whether he or 
     she was a victim of trafficking.
       (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 under 12 years of 
     age.

                  TITLE VII--VISA OVERSTAYS PENALTIES

     SEC. _701. 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 after ``for a subsequent 
     commission of any such offense'' the following: ``or if the 
     alien was previously convicted of an offense under subsection 
     (e)(2)(A)'';
       (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 after ``in the case of 
     an alien who has been previously subject to a civil penalty 
     under this subsection'' the following: ``or subsection 
     (e)(2)(B)''; and
       (3) by adding at the end the following:
       ``(e) Visa Overstays.--
       ``(1) In general.--An alien who was admitted as a 
     nonimmigrant has violated this paragraph if the alien, for an 
     aggregate of 10 days or more, has failed--
       ``(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 has violated paragraph (1)--
       ``(A) shall--
       ``(i) for the first commission of such a violation, be 
     fined under title 18, United States Code, or 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, or imprisoned 
     not more than 2 years, or both; and
       ``(B) in addition to, and not in lieu of, any penalty under 
     subparagraph (A) and any other criminal or civil penalties 
     that may be imposed, shall be subject to a civil penalty of--
       ``(i) not less than $500 and not more than $1,000 for each 
     violation; or
       ``(ii) twice the amount specified in clause (i), in the 
     case of an alien who has been previously subject to a civil 
     penalty under this subparagraph or subsection (b).''.

                 TITLE VIII--IMMIGRATION PAROLE REFORM

     SEC. _801. 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) Except as provided in subparagraphs (B) and (C) 
     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 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. Parole granted under this subparagraph may not be 
     regarded as an admission of the alien. When the purposes of 
     such parole have been served in the opinion of the Secretary, 
     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.
       ``(B) 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.
       ``(C) 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.
       ``(D) The Secretary of Homeland Security may grant parole 
     to an alien who is returned to a contiguous country under 
     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 
     calendar 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.
       ``(E) For purposes of 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--

[[Page S557]]

       ``(i)(I) the alien has a medical emergency; and
       ``(II)(aa) the alien 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) the alien is the parent or legal guardian of an 
     alien described in clause (i) and the alien described in 
     clause (i) is a minor;
       ``(iii) the alien 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) the alien 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) the alien 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) the alien 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) the alien is a lawful applicant for adjustment of 
     status under section 245 and is returning to the United 
     States after temporary travel abroad.
       ``(F) For purposes of 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) For purposes of 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 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 (B), (C), (D), (E), and (F).
       ``(I) An alien granted parole may not accept employment, 
     except that an alien granted parole pursuant to subparagraph 
     (B) or (C) 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.
       ``(J) 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.
       ``(K)(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 (D), (E), or (F) 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.
       ``(L) 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. _802. 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), each of 
     the following exceptions apply:
       (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 and any approved 
     advance parole shall remain valid under the law that was in 
     effect on the date on which the advance parole was approved.
       (2) Section 212(d)(5)(J) of the Immigration and Nationality 
     Act, as added by section _801, shall take effect on the date 
     of the enactment of this Act.
       (3) 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. _803. 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. _804. 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. _901. 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) are, in the case of a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States, the following:
       ``(A) Attestation after examination of documentation.--
       ``(i) Attestation.--During the verification period (as 
     defined in subparagraph (E)), the person or entity shall 
     attest, under penalty of perjury and on a form, including 
     electronic format, designated or established by the Secretary 
     by regulation not later than 6 months after the date of the 
     enactment of the Secure the Border Act of 2024, 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 of Homeland Security 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 
     subparagraph 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 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 as long as the period of status has not 
     yet expired and the proposed employment is not in conflict 
     with any restrictions or limitations identified in the 
     documentation;
       ``(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 as designated by 
     the Secretary, indicating nonimmigrant admission under the 
     Compact of Free Association Between the United States and the 
     FSM or RMI; or
       ``(VI) other document designated by the Secretary of 
     Homeland Security, if the document--

[[Page S558]]

       ``(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 of Homeland Security finds, by 
     regulation, 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 subparagraph 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 subparagraph is--

       ``(I) an individual's unexpired State issued driver's 
     license or identification card if it contains a photograph 
     and information 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 under 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 finds, 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 paragraph.
       ``(vi) Signature.--Such attestation may be manifested by 
     either a handwritten or electronic signature.
       ``(B) Individual attestation of employment authorization.--
     During the verification period (as defined in subparagraph 
     (E)), the individual shall attest, under penalty of perjury 
     on the form designated or established for purposes of 
     subparagraph (A), that the individual is a citizen or 
     national of the United States, an alien lawfully admitted for 
     permanent residence, or an alien who is authorized under this 
     Act or by the Secretary of Homeland Security to be hired, 
     recruited, or referred for such employment. Such attestation 
     may be manifested by either a handwritten or electronic 
     signature. The individual shall also provide that 
     individual's social security account number or United States 
     passport number (if the individual claims to have been issued 
     such a number), and, 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.
       ``(C) Retention of verification form and verification.--
       ``(i) In general.--After completion of such form 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, 3 years after the date of the recruiting or 
     referral; and
       ``(bb) in the case of the hiring of an individual, the 
     later of 3 years after the date the verification is completed 
     or one year after the date the individual's employment is 
     terminated; and

       ``(II) during the verification period (as defined in 
     subparagraph (E)), make an inquiry, as provided in 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 time 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.--If the person 
     or other entity receives a tentative nonconfirmation of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonconfirmation within the time period specified, the 
     nonconfirmation shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a final 
     nonconfirmation. If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under subsection (d). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate 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 clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure. In no case shall an employer 
     rescind the 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 rescission 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 time period 
     specified 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 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 that 
     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), the 
     provisions of this paragraph shall apply to a person or other 
     entity hiring an individual for employment in the United 
     States as follows:

       ``(I) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of the Secure the Border Act of 2024, on the date that is 6 
     months after the date of the enactment of title.
       ``(II) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of the Secure the Border Act of 2024, on the date that is 12 
     months after the date of the enactment of such title.
       ``(III) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of the 
     Secure the Border Act of 2024, on the date that is 18 months 
     after the date of the enactment of such title.
       ``(IV) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of the Secure 
     the Border Act of 2024, on the date that is 24 months after 
     the date of the enactment of such title.

       ``(ii) Recruiting and referring.--Except as provided in 
     clause (iii), the provisions of this paragraph shall apply to 
     a person or other entity recruiting or referring an 
     individual for employment in the United States on the date 
     that is 12 months after the date of the enactment of the 
     Secure the Border Act of 2024.
       ``(iii) Agricultural labor or services.--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 36 months after the date 
     of the enactment of the Secure the Border Act of 2024. For 
     purposes of the preceding sentence, the term `agricultural 
     labor or services' has the meaning given such term by the 
     Secretary of Agriculture in regulations and includes 
     agricultural labor as defined in section 3121(g) of the 
     Internal Revenue Code of 1986, agriculture as defined in 
     section 3(f) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(f)), the handling, planting, drying, packing, 
     packaging, processing, freezing, or grading

[[Page S559]]

     prior to delivery for storage of any agricultural or 
     horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     clause shall not be counted for purposes of clause (i).
       ``(iv) Extensions.--

       ``(I) On request.--Upon request by an employer having 50 or 
     fewer employees, the Secretary shall allow a one-time 6-month 
     extension of the effective date set out in this subparagraph 
     applicable to such employer. Such request shall be made to 
     the Secretary and shall be made prior to such effective date.
       ``(II) Following report.--If the study under section _914 
     of the Secure the Border Act of 2024 has been submitted in 
     accordance with such section, the Secretary of Homeland 
     Security may extend the effective date set out in clause 
     (iii) on a one-time basis for 12 months.

       ``(v) Transition rule.--Subject to paragraph (4), the 
     following shall apply to 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):

       ``(I) This subsection, as in effect before the enactment of 
     the Secure the Border Act of 2024.
       ``(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 in 
     section _907(c) of the Secure the Border Act of 2024.
       ``(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 in section 
     _907(c) of the Secure the Border Act of 2024, including 
     Executive Order 13465 (8 U.S.C. 1324a note; relating to 
     Government procurement).

       ``(E) Verification period defined.--
       ``(i) In general.--For purposes of this paragraph:

       ``(I) In the case of recruitment or referral, the term 
     `verification period' means the period ending on the date 
     recruiting or referring commences.
       ``(II) In the case of hiring, the term `verification 
     period' means the period beginning on the date on which an 
     offer of employment is extended and ending on the date that 
     is three business days after the date of hire, except as 
     provided in clause (iii). The offer of employment may be 
     conditioned in accordance with clause (ii).

       ``(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.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     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 three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of the Secure the Border Act of 2024, beginning on the date 
     that is 6 months after the date of the enactment of such 
     title.
       ``(ii) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of the Secure the Border Act of 2024, beginning on the date 
     that is 12 months after the date of the enactment of such 
     title.
       ``(iii) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of the 
     Secure the Border Act of 2024, beginning on the date that is 
     18 months after the date of the enactment of such title.
       ``(iv) With respect to employers having one or more 
     employees in the United States, but less than 20 employees in 
     the United States, on the date of the enactment of the Secure 
     the Border Act of 2024, beginning on the date that is 24 
     months after the date of the enactment of such title.
       ``(B) Agricultural labor or services.--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 36 months after the date of 
     the enactment of the Secure the Border Act of 2024. For 
     purposes of the preceding sentence, the term `agricultural 
     labor or services' has the meaning given such term by the 
     Secretary of Agriculture in regulations and includes 
     agricultural labor as defined in section 3121(g) of the 
     Internal Revenue Code of 1986, agriculture as defined in 
     section 3(f) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203(f)), the handling, planting, drying, packing, 
     packaging, processing, freezing, or grading prior to delivery 
     for storage of any agricultural or horticultural commodity in 
     its unmanufactured state, all activities required for the 
     preparation, processing, or manufacturing of a product of 
     agriculture (as such term is defined in such section 3(f)) 
     for further distribution, and activities similar to all the 
     foregoing as they relate to fish or shellfish facilities. An 
     employee described in this subparagraph shall not be counted 
     for purposes of subparagraph (A).
       ``(C) 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 2024, 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).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

       ``(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).
       ``(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.--In the case of an employer 
     who is required by this subsection to use the verification 
     system described in subsection (d), or has elected 
     voluntarily to use such system, the employer shall make 
     inquiries to the system in accordance with the following:
       ``(i) The Commissioner of Social Security shall notify 
     annually employees (at the employee address listed on the 
     Wage and Tax Statement) who submit a social security account 
     number to which more than one 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 as well as sufficient 
     information notifying the employee of 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.
       ``(ii) 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 their knowledge, the Secretary and the Commissioner 
     shall lock the social security account number for employment 
     eligibility verification purposes and shall notify the 
     employers of the individuals who wrongfully submitted the 
     social security account number that the employee may not be 
     work eligible.
       ``(iii) Each employer receiving such notification of an 
     incorrect social security account number under clause (ii) 
     shall use the verification system described in subsection (d) 
     to check the work eligibility status of the applicable 
     employee within 10 business days of receipt of the 
     notification.

[[Page S560]]

       ``(C) On a voluntary basis.--Subject to paragraph (2), and 
     subparagraphs (A) through (C) of this paragraph, beginning on 
     the date that is 30 days after the date of the enactment of 
     the Secure the Border Act of 2024, an employer may make an 
     inquiry, as provided in subsection (d), using the 
     verification system to seek verification of the identity and 
     employment eligibility of any individual employed by the 
     employer. If an employer chooses voluntarily 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. 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 provided for in this 
     Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications 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 verification commences and ending on the date that 
     is the later of 3 years after the date of such verification 
     or 1 year after the date the individual's employment is 
     terminated.
       ``(4) Early compliance.--
       ``(A) Former e-verify required users, including federal 
     contractors.--Notwithstanding the deadlines in paragraphs (1) 
     and (2), beginning on the date of the enactment of the Secure 
     the Border Act of 2024, the Secretary 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 of 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 in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of the Secure the Border Act of 2024, the Secretary 
     shall provide for the voluntary compliance with the 
     requirements of this subsection by 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, as well as by 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 the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of 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 of this subsection notwithstanding a 
     technical or procedural failure to meet such requirement if 
     there was a good faith attempt to comply with the 
     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 calendar days (beginning after the date of 
     the explanation) within which to correct the failure; and
       ``(iv) the person or entity has not corrected the failure 
     voluntarily 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 subsection (a)(1)(A) or (a)(2).
       ``(8) Single extension of deadlines upon certification.--In 
     a case in which the Secretary of Homeland Security has 
     certified to the 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 2024, each 
     deadline established under this section 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.--As used in this section, 
     the term `date of hire' means the date of actual commencement 
     of employment for wages or other remuneration, unless 
     otherwise specified.''.

     SEC. _902. 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 a verification 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; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension within the 
     verification system. The Secretary, in consultation with the 
     Commissioner, shall notify the employee and employer of such 
     extension. The Secretary, in consultation with the 
     Commissioner, shall create a standard process of such 
     extension and notification and shall make a description of 
     such process available to the public. When final confirmation 
     or nonconfirmation is provided, the verification system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The verification 
     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 the 
     following individuals:
       ``(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).
       ``(iii) Individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--As part of the verification 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 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     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

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     validate) the information provided regarding an individual 
     whose identity and employment eligibility must be confirmed, 
     the correspondence of the name and number, and whether the 
     individual has presented a social security account number 
     that is not valid for employment. The Commissioner shall not 
     disclose or release social security information (other than 
     such confirmation or nonconfirmation) under the verification 
     system except as provided for in this section or section 
     205(c)(2)(I) of the Social Security Act.
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the verification system, the Secretary of Homeland 
     Security (in consultation with any designee of the Secretary 
     selected to establish and administer the verification 
     system), shall establish a reliable, secure method, which, 
     within the time periods specified under 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) the 
     information provided, the correspondence of the name and 
     number, whether the alien is authorized to be employed in the 
     United States, or 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 update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in paragraph (3).
       ``(8) Limitation on use of the verification system and any 
     related systems.--
       ``(A) No national identification card.--Nothing in this 
     section shall 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 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 verification 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 
     verification mechanism, the individual may seek compensation 
     only through the mechanism of the Federal Tort Claims Act, 
     and injunctive relief to correct such error. No class action 
     may be brought under this paragraph.''.

     SEC. _903. 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), by striking ``for a fee'';
       (2) in paragraph (1), 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 of subsection (b).''; and
       (3) in paragraph (2), by striking ``after hiring an alien 
     for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''.
       (b) Definition.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)), as amended by section 
     _901(b), is further amended by adding at the end the 
     following:
       ``(5) Definition of recruit or refer.--As used in this 
     section, the term `refer' 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. Only persons 
     or entities referring for remuneration (whether on a retainer 
     or contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in the 
     definition whether or not they receive remuneration, as are 
     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. As used in this section, 
     the term `recruit' 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. Only persons or entities 
     referring for remuneration (whether on a retainer or 
     contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in 
     this definition whether or not they receive remuneration, as 
     are 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.''.
       (c) Effective Date.--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, except that the amendments made 
     by subsection (a) shall take effect 6 months after the date 
     of the enactment of this Act insofar as such amendments 
     relate to continuation of employment.

     SEC. _904. 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 person or entity that 
     hires, employs, recruits, or refers (as defined in subsection 
     (h)(5)), or is otherwise obligated to comply with this 
     section) who establishes that it has complied in good faith 
     with the requirements of 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 system established under subsection (d); 
     and
       ``(ii) has established compliance with its 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 uses 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 system 
     established under subsection (d).
       ``(C) Failure to seek and obtain verification.--Subject to 
     the effective dates and other deadlines applicable under 
     subsection (b), in the case of a person or entity in the 
     United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, the following requirements apply:
       ``(i) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under 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 such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered 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 working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.

       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (d)(2) after the time 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 time 
     period.''.

     SEC. _905. 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 of this 
     section preempt any State or local law, ordinance, policy, or 
     rule, including any criminal or civil fine or penalty 
     structure, insofar as they may now or hereafter 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 when and as required under 
     subsection (b).
       ``(ii) General rules.--A State, at its own cost, may 
     enforce the provisions of this section, but only insofar as 
     such State follows the Federal regulations implementing this 
     section, applies the Federal penalty structure set out in 
     this section, and complies with all Federal rules and 
     guidance concerning implementation of this section. Such 
     State may collect any fines assessed under this section. An 
     employer may not be subject to enforcement, including audit 
     and investigation, by both a Federal agency and a State for 
     the same violation under this section. Whichever entity, the 
     Federal agency or the State, is first to initiate the 
     enforcement action, has the right of first refusal to

[[Page S562]]

     proceed with the enforcement action. The Secretary must 
     provide copies of all guidance, training, and field 
     instructions provided to Federal officials implementing the 
     provisions of this section to each State.''.

     SEC. _906. 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 confirmation system 
     established under section 274A(d) of the Immigration and 
     Nationality Act, as amended by section _902.
       (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 sections, 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. _907. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)(1)--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (2) in subsection (e)(4)--
       (A) in subparagraph (A), in the matter before clause (i), 
     by inserting ``, subject to paragraph (10),'' after ``in an 
     amount'';
       (B) in subparagraph (A)(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'';
       (C) in subparagraph (A)(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'';
       (D) in subparagraph (A)(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
       (E) by moving the margin of the continuation text following 
     subparagraph (B) two ems to the left and by amending 
     subparagraph (B) to read as follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (3) in subsection (e)(5)--
       (A) in the paragraph heading, strike ``paperwork'';
       (B) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (C) by striking ``$100'' and inserting ``$1,000'';
       (D) by striking ``$1,000'' and inserting ``$25,000''; and
       (E) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system as required by law, 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).'';
       (4) by adding at the end of subsection (e) the following:
       ``(10) Exemption from penalty for good faith violation.--In 
     the case of imposition of a civil penalty under paragraph 
     (4)(A) with respect to a violation of subsection (a)(1)(A) or 
     (a)(2) 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 wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such a person or entity 
     does not hold a Federal contract, grant, or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to list the person or entity on the List of Parties 
     Excluded from Federal Procurement, and if so, for what 
     duration and under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant, or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead agency to determine whether to 
     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable pursuant 
     to 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;
       ``(B) that is required to indicate to the complaining State 
     or local agency within five business days of the filing of 
     such a complaint by identifying whether the Secretary will 
     further investigate the information provided;
       ``(C) that is required to investigate those complaints 
     filed by State or local government agencies that, on their 
     face, have a substantial probability of validity;
       ``(D) that is required to notify the complaining State or 
     local agency of the results of any such investigation 
     conducted; and
       ``(E) that is required to report to the Congress annually 
     the number of complaints received under this paragraph, the 
     States and localities that filed such complaints, and the 
     resolution of the complaints investigated by the 
     Secretary.''; and
       (5) by amending paragraph (1) of subsection (f) to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity which engages 
     in a pattern or practice of violations of subsection (a) (1) 
     or (2) 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, 
     notwithstanding the provisions of any other Federal law 
     relating to fine levels.''.

     SEC. _908. FRAUD AND MISUSE OF DOCUMENTS.

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

     SEC. _909. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for fiscal years 
     beginning on or after October 1, 2023, the Commissioner of 
     Social Security and the Secretary of Homeland Security shall 
     enter into and maintain an agreement which shall--
       (1) provide 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 _902, 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) provide such funds annually in advance of the 
     applicable quarter based on estimating methodology agreed to 
     by the Commissioner and the Secretary (except in such 
     instances where the delayed enactment of an annual 
     appropriation may preclude such quarterly payments); and
       (3) require an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under the 
     agreement, which shall be reviewed by the Inspectors General 
     of the Social Security Administration and the Department of 
     Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2023, has not been reached as of 
     October 1 of such fiscal year, the latest agreement between 
     the Commissioner and the Secretary of Homeland Security 
     providing for funding to cover the costs of the 
     responsibilities of the Commissioner under section 274A(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall 
     be deemed in effect on an interim basis for such fiscal year 
     until such time as an agreement required under subsection (a) 
     is subsequently reached, except

[[Page S563]]

     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. In any case in which an interim agreement applies for 
     any fiscal year under this subsection, the Commissioner and 
     the Secretary shall, not later than October 1 of such fiscal 
     year, notify the Committee on Ways and Means, the Committee 
     on the Judiciary, and the Committee on Appropriations of the 
     House of Representatives and the Committee on Finance, the 
     Committee on the Judiciary, and the Committee on 
     Appropriations of the Senate of the failure to reach the 
     agreement required under subsection (a) for such fiscal year. 
     Until such time as the agreement required under subsection 
     (a) has been reached for such fiscal year, the Commissioner 
     and the Secretary shall, not later than the end of each 90-
     day period after October 1 of such fiscal year, notify such 
     Committees of the status of negotiations between the 
     Commissioner and the Secretary in order to reach such an 
     agreement.

     SEC. _910. 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 
     identified to be subject to unusual multiple use in the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)), as amended by section _902, 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 the 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 which shall provide 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 (8 U.S.C. 1324a(d)), as amended by section 
     _902. The Secretary may implement the program on a limited 
     pilot program basis before making it fully available to all 
     individuals.
       (c) Allowing Parents To Prevent Theft of Their Child's 
     Identity.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program which shall provide 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 (8 U.S.C. 1324a(d)), as amended by section _902. The 
     Secretary may implement the program on a limited pilot 
     program basis before making it fully available to all 
     individuals.

     SEC. _911. 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 both the photograph on the identity or employment 
     eligibility document provided by the employee and to the face 
     of the employee submitting the document for employment 
     verification purposes.

     SEC. _912. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       Not later than 24 months 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, each using a separate and distinct technology 
     (the ``Authentication Pilots''). The purpose of the 
     Authentication Pilots shall be to provide for identity 
     authentication and employment eligibility verification with 
     respect to enrolled new employees which shall be available to 
     any employer that elects to participate in either of the 
     Authentication Pilots. Any participating employer may cancel 
     the employer's participation in the Authentication Pilot 
     after one year after electing to participate without 
     prejudice to future participation. The Secretary shall report 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate the Secretary's findings on the Authentication Pilots, 
     including the authentication technologies chosen, not later 
     than 12 months after commencement of the Authentication 
     Pilots.

     SEC. _913. 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 complete audits of the 
     following categories in order to uncover evidence of 
     individuals who are not authorized to work in the United 
     States:
       (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) Children's social security account numbers used for 
     work purposes.
       (3) Employers whose workers present significant numbers of 
     mismatched social security account numbers or names for wage 
     reporting.
       (b) Submission.--The Inspector General of the Social 
     Security Administration shall submit the audits completed 
     under subsection (a) to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate for review of the evidence of individuals who are 
     not authorized to work in the United States. The Chairmen of 
     those Committees shall then determine information to be 
     shared with the Secretary of Homeland Security so that such 
     Secretary can investigate the unauthorized employment 
     demonstrated by such evidence.

     SEC. _914. AGRICULTURE WORKFORCE STUDY.

       Not later than 36 months after the date of the enactment of 
     this Act, the Secretary of the Department of Homeland 
     Security, in consultation with the Secretary of the 
     Department of Agriculture, shall submit to the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate, a report that 
     includes the following:
       (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 ten 
     years.
       (7) The percentage of agricultural costs invested in 
     mechanization during each of the last ten years.
       (8) Recommendations, other than a path to legal status for 
     aliens not authorized to work in the United States, for 
     ensuring United States agricultural employers have a 
     workforce sufficient to cover industry needs, including 
     recommendations to--
       (A) increase investments in mechanization;
       (B) increase the domestic workforce; and
       (C) reform the H-2A program.

     SEC. _915. SENSE OF CONGRESS ON FURTHER IMPLEMENTATION.

       It is the sense of Congress that in implementing the E-
     Verify Program, the Secretary of Homeland Security shall 
     ensure any adverse impact on the Nation's agricultural 
     workforce, operations, and food security are considered and 
     addressed.
                                 ______
                                 
  SA 1453. Mr. SULLIVAN submitted an amendment intended to be proposed 
to amendment SA 1388 submitted by Mrs. Murray (for herself and Mr. 
Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        On page 38, strike lines 4 through 21.

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