[Congressional Record Volume 170, Number 51 (Friday, March 22, 2024)]
[Senate]
[Pages S2608-S2616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1781. Mr. TUBERVILLE submitted an amendment intended to be 
proposed by him to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON FUNDING ENTITIES THAT PERMIT CERTAIN 
                   STUDENTS TO PARTICIPATE IN GIRLS' OR WOMEN'S 
                   ATHLETICS.

       (a) In General.--None of the funds appropriated under any 
     division of this Act may be used by a State, local 
     educational agency, or institution of higher education, that 
     permits any student whose biological sex (recognized based 
     solely on a person's reproductive biology at birth) is male 
     to participate in an athletic program or activity designated 
     for girls or women.
       (b) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 or 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1001, 1002).
       (2) Local educational agency, state.--The terms ``local 
     educational agency'' and ``State'' have the meanings given 
     the terms in section 8101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
                                 ______
                                 
  SA 1782. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Identification Requirements for Child Tax 
     Credit.--Subsection (e) of section 24 of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(e) Social Security Number Required.--No credit shall be 
     allowed under this section to a taxpayer with respect to any 
     qualifying child unless the taxpayer includes the social 
     security number of the taxpayer (or the taxpayer's spouse, in 
     the case of a joint return) and of such child on the return 
     of tax for the taxable year. For purposes of the preceding 
     sentence, the term `social security number' means a social 
     security number issued to an individual by the Social 
     Security Administration, but only if the social security 
     number is issued--
       ``(1) to a citizen of the United States or pursuant to 
     subclause (I) (or that portion of subclause (III) that 
     relates to subclause (I)) of section 205(c)(2)(B)(i) of the 
     Social Security Act, and
       ``(2) before the due date for such return.''.
       (b) Temporary Rule.--Paragraph (7) of section 24(h) of the 
     Internal Revenue Code of 1986 is amended by inserting ``of 
     the taxpayer (or the taxpayer's spouse, in the case of a 
     joint return) and'' before ``of such child''.
       (c) Effective Dates.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply to taxable years beginning after December 31, 2025.
       (2) Temporary rule.--The amendment made by subsection (b) 
     shall apply to taxable years beginning after December 31, 
     2023.
                                 ______
                                 
  SA 1783. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Notwithstanding any other provision of any 
     division of this Act, no funds made available under any 
     division of this Act may be used to carry out any program of 
     the Small Business Administration that--
       (1) asks the owner of a business entity applying for 
     assistance under the program to provide the race or ethnicity 
     of that owner; and
       (2) as part of determining eligibility for assistance under 
     the program, considers whether an applicant for that 
     assistance (including the owner of a business entity applying 
     for that assistance) is socially disadvantaged.
                                 ______
                                 
  SA 1784. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of law, 
     no amounts appropriated under this Act may be used to issue 
     or implement--
       (1) as a final rule the rule proposed by the Department of 
     Education relating title IX of the Education Amendments of 
     1972 (20 U.S.C. 1681 et seq.) and described under the heading 
     ``Nondiscrimination on the Basis of Sex in Education Programs 
     or Activities Receiving Federal Financial Assistance: Sex-
     Related Eligibility Criteria for Male and Female Athletic 
     Teams'' (88 Fed. Reg. 22860; published April 13, 2023), or
       (2) any rule similar in substance to the proposed rule 
     described in paragraph (1) that relates to eligibility 
     criteria for participation on athletic teams.

[[Page S2609]]

  

                                 ______
                                 
  SA 1785. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, 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 any division of this Act may be used to 
     fund the Direct File Pilot Program of the Internal Revenue 
     Service.
                                 ______
                                 
  SA 1786. Ms. MURKOWSKI (for herself, Mr. Kaine, Mr. Sullivan, Mr. 
Cassidy, Mr. Kennedy, Mr. Tillis, Mr. Warner, Mr. Van Hollen, and Mr. 
Cardin) submitted an amendment intended to be proposed by her to the 
bill H.R. 2882, to reauthorize the Morris K. Udall and Stewart L. Udall 
Trust Fund, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 426, between lines 12 and 13, insert the following:

     SEC. 552. EXEMPTION OF ALIENS WORKING AS FISH PROCESSORS FROM 
                   THE NUMERICAL LIMITATION ON H-2B NONIMMIGRANT 
                   VISAS.

       (a) In General.--Section 214(g)(10) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(10)) is amended--
       (1) by striking ``The numerical limitations of paragraph 
     (1)(B)'' and inserting ``(A) The numerical limitation under 
     paragraph (1)(B)''; and
       (2) by adding at the end the following:
       ``(B)(i) The numerical limitation under paragraph (1)(B) 
     shall not apply to any nonimmigrant alien issued a visa or 
     otherwise provided status under section 101(a)(15)(H)(ii)(b) 
     who is employed (or has received an offer of employment)--
       ``(I) as a fish roe processor, a fish roe technician, or a 
     supervisor of fish roe processing; or
       ``(II) as a fish processor.
       ``(ii) As used in clause (i)--
       ``(I) the term `fish' means fresh or saltwater finfish, 
     mollusks, crustaceans, and all other forms of aquatic animal 
     life, including the roe of such animals, other than marine 
     mammals and birds; and
       ``(II) the term `processor' means any person engaged in the 
     processing of fish, including handling, storing, preparing, 
     heading, eviscerating, shucking, freezing, changing into 
     different market forms, manufacturing, preserving, packing, 
     labeling, dockside unloading, holding, and all other 
     processing activities.''.
       (b) Repeal.--Section 14006 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287) is repealed.
                                 ______
                                 
  SA 1787. Ms. ERNST (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, 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 funds made available under this Act 
     may be used to support the inclusion of the fair market value 
     of land, buildings, livestock, unharvested crops, and 
     machinery actively used in investment farms or agricultural 
     or commercial activities in calculating the net worth of a 
     farm for purposes of determining a student aid index under 
     part F of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1087kk et seq.), as described in the Department of 
     Education's Dear Colleague letter numbered DCL ID: GEN-23-11, 
     dated August 04, 2023.
                                 ______
                                 
  SA 1788. Mr. MURPHY (for himself, Ms. Baldwin, Mr. Brown, Mr. Casey, 
Mr. Kaine, Mr. King, Ms. Klobuchar, and Ms. Sinema) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IMPROVING PUBLIC SAFETY THROUGH IMMIGRATION WARRANT 
                   ISSUANCE.

       (a) Short Title.--This section may be cited as the 
     ``Improving Public Safety Through Immigration Warrant 
     Issuance Act''.
       (b) In General.--Chapter 9 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
     inserting after section 287 the following:

     ``SEC. 287A. AUTHORIZATION OF FEDERAL COURTS TO ISSUE ARREST 
                   WARRANTS.

       ``(a) Authorization of Federal Courts to Issue Arrest 
     Warrants.--Upon receiving an application from a Federal law 
     enforcement officer or an attorney for the Federal 
     Government, a magistrate judge is authorized to issue a 
     warrant to seize an alien located within the district over 
     which the magistrate judge has jurisdiction if there is 
     probable cause to believe that the alien--
       ``(1) is removable (as defined in section 240(e)(2)); and
       ``(2)(A) has been charged with, or convicted of, a felony;
       ``(B) has been charged with, or convicted of, a crime of 
     violence, including any crime that endangers the safety or 
     welfare of children; or
       ``(C) is a threat to national security.
       ``(b) Ensuring the Effectiveness of Warrants for Persons in 
     State or Local Custody.--
       ``(1) Additional authorities.--If such actions are 
     reasonably necessary to ensure the effectiveness of an arrest 
     warrant issued pursuant to subsection (a), a magistrate judge 
     may order the State or local jurisdiction with custody over 
     the alien subject to such warrant--
       ``(A) to transfer the alien to Federal custody;
       ``(B) to notify the Federal Government of the impending 
     release of the alien to facilitate such transfer; and
       ``(C) to hold the alien for such time as may be necessary 
     to facilitate such transfer, which may not exceed 48 hours.
       ``(2) Timing of order.--An order described in paragraph (1) 
     may be issued contemporaneously with an arrest warrant issued 
     pursuant to subsection (a) if, based on reliable evidence, a 
     State or local jurisdiction with custody over the alien 
     subject to such warrant is unlikely to assist in effectuating 
     the warrant.
       ``(3) Rules of construction.--Nothing in this subsection 
     may be construed--
       ``(A) to limit any inherent or statutory power of the 
     Federal courts to issue orders in aid of their jurisdiction, 
     including writs of habeas corpus and writs authorized under 
     section 1651 of title 28, United States Code (commonly known 
     as the `All Writs Act'); or
       ``(B) to interfere with the Department of Homeland 
     Security's ability to issue detainer requests, as authorized 
     by law.
       ``(c) Issuing the Warrant.--Each warrant issued pursuant to 
     this section shall--
       ``(1) be issued to an officer authorized to execute it;
       ``(2) identify the alien to be seized and designate the 
     magistrate judge to whom the warrant shall be returned;
       ``(3) require the officer to submit the issued warrant to 
     any State or locality with custody over the alien subject to 
     the warrant as quickly as practicable; and
       ``(4) be returned to the magistrate judge designated in the 
     warrant.
       ``(d) Procedure for Obtaining a Warrant.--
       ``(1) Ex parte proceedings.--Warrant proceedings under this 
     section may be conducted ex parte.
       ``(2) Warrant on an affidavit.--When a Federal law 
     enforcement officer or an attorney for the Federal Government 
     presents an affidavit in support of a warrant, the magistrate 
     judge may--
       ``(A) require the affiant to appear personally before the 
     judge; and
       ``(B) examine under oath the affiant and any witness 
     produced by the affiant.
       ``(3) Recording testimony.--Testimony taken in support of a 
     warrant shall be recorded by a court reporter or by a 
     suitable recording device. The magistrate judge shall file 
     the transcript or recording with the clerk, along with any 
     related affidavit.
       ``(4) Requesting a warrant by telephonic or other reliable 
     electronic means.--In accordance with rule 4.1 of the Federal 
     Rules of Criminal Procedure, a magistrate judge may issue a 
     warrant based on information communicated by telephone or 
     other reliable electronic means.
       ``(e) Definitions.--In this section:
       ``(1) Attorney for the federal government.--The term 
     `attorney for the Federal Government' means an attorney 
     representing the Federal Government, as authorized by the 
     Attorney General.
       ``(2) Crime of violence.--The term `crime of violence' has 
     the meaning given such term in section 16 of title 18, United 
     States Code.
       ``(3) Felony.--The term `felony' means a crime classified 
     as a felony in the convicting jurisdiction, excluding 
     Federal, State, or local offenses for which an essential 
     element was the alien's immigration status.
       ``(4) Magistrate judge.--The term `magistrate judge' means 
     a United States magistrate judge appointed pursuant to 
     section 631 of title 28, United States Code.''.
       (c) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 287 
     the following:

``Sec. 287A. Authorization of Federal courts to issue arrest 
              warrants.''.
                                 ______
                                 
  SA 1789. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

     :  At the appropriate place, insert the following:
       Sec. __.  No funds made available under any division of 
     this Act may be made available, directly or indirectly, to--
       (1) the Wuhan Institute of Virology located in the People's 
     Republic of China; or
       (2) the EcoHealth Alliance, Inc. located in New York, or 
     any subsidiary thereof.
                                 ______
                                 
  SA 1790. Mr. SCHUMER proposed an amendment to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and

[[Page S2610]]

Stewart L. Udall Trust Fund, and for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1791. Mr. SCHUMER proposed an amendment to amendment SA 1790 
proposed by Mr. Schumer to the bill H.R. 2882, to reauthorize the 
Morris K. Udall and Stewart L. Udall Trust Fund, and for other 
purposes; as follows:

       On page 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 1792. Mr. SCHUMER proposed an amendment to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 3 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1793. Mr. SCHUMER proposed an amendment to amendment SA 1792 
proposed by Mr. Schumer to the bill H.R. 2882, to reauthorize the 
Morris K. Udall and Stewart L. Udall Trust Fund, and for other 
purposes; as follows:

       On page 1, line 3, strike ``3 days'' and insert ``4 days''.
                                 ______
                                 
  SA 1794. Mr. SCHUMER proposed an amendment to amendment SA 1793 
proposed by Mr. Schumer to the amendment SA 1792 proposed by Mr. 
Schumer to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCRETIONARY AUTHORITY TO DENY TRANSFERS OF 
                   FIREARMS, EXPLOSIVES, AND FIREARMS AND 
                   EXPLOSIVES LICENSES AND PERMITS TO TERRORISTS.

       (a) Authority.--
       (1) In general.--On and after the date of enactment of this 
     Act, in accordance with the procedures under this section, 
     and without regard to section 842, 843, section 922(g) or 
     (n), or section 923 of title 18, United States Code, the 
     Attorney General may deny the transfer of a firearm, not 
     later than 3 business days after a licensee under chapter 44 
     of title 18, United States Code, contacts the national 
     instant criminal background check system established under 
     section 103 of Public Law 103-159 (34 U.S.C. 40901), deny the 
     transfer of an explosive, or deny the issuance of a Federal 
     firearms or explosives license or permit, if either of the 
     following are met:
       (A) No fly list.--The Attorney General determines that the 
     transferee or applicant--
       (i) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (ii) based on credible information, poses--

       (I) a threat of committing an act of international 
     terrorism or domestic terrorism with respect to an aircraft 
     (including a threat of piracy, or a threat to airline, 
     passenger, or civil aviation security);
       (II) a threat of committing an act of domestic terrorism 
     with respect to the homeland;
       (III) a threat of committing an act of international 
     terrorism against any United States Government facility 
     abroad and associated or supporting personnel, including 
     United States embassies, consulates and missions, military 
     installations, United States ships, United States aircraft, 
     or other auxiliary craft owned or leased by the United States 
     Government; or
       (IV) a threat of engaging in or conducting a violent act of 
     terrorism and is operationally capable of doing so.

       (B) Selectee list.--The Attorney General determines that 
     the transferee or applicant--
       (i) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (ii) based on credible information, is--

       (I) a member of a terrorist organization (including a 
     foreign terrorist organization designated pursuant to a 
     statute or Executive order); and
       (II) associated with terrorist activity, unless information 
     exists that demonstrates that the application of secondary 
     screening to such individual is not necessary.

       (2) NICS.--Solely for purposes of sections 922(t) (1), (2), 
     (5), and (6) of title 18, United States Code, and section 
     103(g) of Public Law 103-159 (34 U.S.C. 40901(g)), a denial 
     by the Attorney General under paragraph (1) shall be treated 
     as equivalent to a determination that receipt of a firearm 
     would violate subsection (g) or (n) of section 922 of title 
     18, United States Code. During the 3-business-day period 
     beginning when a licensee under chapter 44 of title 18, 
     United States Code, contacts the national instant criminal 
     background check system established under section 103 of 
     Public Law 103-159 (34 U.S.C. 40901), and notwithstanding 
     section 922(t)(2) of title 18, United States Code, the 
     Attorney General may delay assigning a unique identification 
     number to a transfer of a firearm in order to determine 
     whether the transferee or applicant meets the requirements 
     under paragraph (1).
       (b) Notification of Prospective Firearms and Explosives 
     Transfers to Known or Suspected Terrorist.--The Attorney 
     General and Federal, State, and local law enforcement shall 
     be immediately notified, as appropriate, of any request to 
     transfer a firearm or explosive to a person who is, or within 
     the previous 5 years was, identified in the Terrorist 
     Screening Database maintained by the Terrorist Screening 
     Center of the Federal Bureau of Investigation.
       (c) Review of Denial.--
       (1) Remedial procedures and petition for review.--
       (A) In general.--An individual who is a citizen or lawful 
     permanent resident of the United States and who seeks to 
     challenge a denial by the Attorney General under subsection 
     (a)(1) may--
       (i) pursue the remedial procedures under section 103(g) of 
     Public Law 103-159 (34 U.S.C. 40901(g)); or
       (ii) file a petition for review and any claims related to 
     that petition in the United States District Court for the 
     District of Columbia or in the district court of the United 
     States for the judicial district in which the individual 
     resides.
       (B) Exhaustion not required.--A petitioner is not required 
     to exhaust the remedial procedures authorized under clause 
     (i) of subparagraph (A) before filing a petition for review 
     under clause (ii) of subparagraph (A).
       (C) Procedures.--Notwithstanding any other provision of 
     law, the Attorney General may promulgate regulations 
     governing proceedings under subparagraph (A)(i) to prevent 
     the unauthorized disclosure of information that reasonably 
     could be expected to result in damage to national security or 
     ongoing law enforcement operations.
       (2) Deadlines for filing.--
       (A) In general.--Except as provided in subparagraph (B), a 
     petition for review under paragraph (1)(A)(ii), and any 
     claims related to that petition, shall be filed not later 
     than the earlier of--
       (i) 1 year after the petitioner receives actual notice of 
     the reason for the denial by the Attorney General; or
       (ii) 5 years after the petitioner receives notice of the 
     denial by the Attorney General.
       (B) Exception.--The district court in which a petition for 
     review is to be filed under paragraph (1)(A)(ii) may allow 
     the petition to be filed after the deadline specified in 
     subparagraph (A) only if there is good cause for not filing 
     by that deadline.
       (3) Authority of district courts.--The district court in 
     which a petition for review is filed under paragraph 
     (1)(A)(ii)--
       (A) shall have--
       (i) jurisdiction to decide all relevant questions of law 
     and fact; and
       (ii) exclusive jurisdiction to affirm, amend, modify, or 
     set aside any part of the denial of the Attorney General that 
     is the subject of the petition for review; and
       (B) may order the Attorney General to conduct further 
     proceedings.
       (4) Exclusive jurisdiction.--
       (A) In general.--No district court of the United States or 
     court of appeals of the United States shall have jurisdiction 
     to consider the lawfulness or constitutionality of this 
     section except pursuant to a petition for review under 
     subsection (c)(1)(A)(ii).
       (B) Noncitizens.--No district court of the United States or 
     court of appeals of the United States shall have jurisdiction 
     to hear any claim by an individual who is not a citizen or 
     lawful permanent resident of the United States related to or 
     arising out of a denial by the Attorney General under 
     subsection (a)(1).
       (d) Requirement for an Administrative Record and Procedures 
     for Judicial Review.--Notwithstanding any other provision of 
     law, the following procedures shall apply with respect to a 
     petition for review filed in a district court under 
     subsection (c)(1)(A)(ii):
       (1) The United States shall file with the court an 
     administrative record, which shall consist of--
       (A) the information the Attorney General relied upon in 
     denying the transfer or application;
       (B) a summary of known material mitigation information;
       (C) any information the petitioner has submitted pursuant 
     to any administrative process; and
       (D) any information determined relevant by the United 
     States.
       (2)(A) The petitioner may file with the court any 
     information determined relevant by the petitioner.
       (B) With leave of the court, the United States may 
     supplement the administrative record with additional 
     information.
       (3) All information in the administrative record that is 
     not classified and is not otherwise privileged or subject to 
     statutory protections shall be provided to the petitioner.
       (4) No discovery shall be permitted, unless the court shall 
     determine extraordinary circumstances requires discovery in 
     the interests of justice.
       (5) Sensitive security information contained in the 
     administrative record may only

[[Page S2611]]

     be provided to petitioners counsel, pursuant to a protective 
     order.
       (6)(A) The administrative record may include classified 
     information, which the United States shall submit to the 
     court in camera and ex parte. The court shall review all 
     classified information in camera and ex parte unless it 
     enters an order under paragraph (C).
       (B) The United States shall notify the petitioner if the 
     administrative record filed under paragraph (1) contains 
     classified information.
       (C) The court is authorized to determine the extent to 
     which cleared counsel shall be permitted to access classified 
     information necessary to protect the due process rights of a 
     petitioner and enter an appropriate order.
       (D)(i) If the court enters an order under subparagraph (C) 
     providing for the disclosure of information and the United 
     States files with the court an affidavit of the Attorney 
     General objecting to the disclosure, the court shall order 
     that the information not be disclosed.
       (ii) If information is not disclosed under clause (i), the 
     court shall enter such an order as the interests of justice 
     require, which may include an order quashing the denial by 
     the Attorney General under subsection (a)(1).
       (iii) An order under subparagraph (C) or clause (ii) of 
     this subparagraph shall be subject to review by a court of 
     appeals pursuant to section 1292 of title 28, United States 
     Code.
       (iv) An order under clause (ii) shall be administratively 
     stayed for 7 days.
       (v) The functions and duties of the Attorney General under 
     this subparagraph--
       (I) may be exercised by the Deputy Attorney General, the 
     Associate Attorney General, or by an Assistant Attorney 
     General designated by the Attorney General for such purpose; 
     and
       (II) may not be delegated to any other official.
       (E) Any information disclosed under subparagraph (C) shall 
     be subject to an appropriate protective order.
       (7)(A) The administrative record may include information 
     obtained or derived from an order issued under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.), without regard to subsections (c), (e), (f), (g), and 
     (h) of section 106 (50 U.S.C. 1806), subsections (d), (f), 
     (g), (h), and (i) of section 305 (50 U.S.C. 1825), 
     subsections (c), (e), (f), (g), and (h) of section 405 (50 
     U.S.C. 1845), and section 706 (50 U.S.C. 1881e) of that Act. 
     If the United States intends to use such information against 
     an aggrieved person (as defined in section 101, 301, or 401 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801, 1821, and 1841)), it shall provide in camera and 
     ex parte notice to the court concerning such use.
       (B) If the court receives a notice under subparagraph (A), 
     the court shall review, in camera and ex parte, the order 
     described in that subparagraph and any other materials that 
     may be submitted by the United States.
       (C) If the court determines that the order described in 
     subparagraph (A) was not lawfully authorized, or the 
     information was not obtained in conformity with the order, it 
     shall exclude such information from consideration as part of 
     the administrative record.
       (8) Any classified information, sensitive security 
     information, law enforcement sensitive information, or 
     information that is otherwise privileged or subject to 
     statutory protections, that is part of the administrative 
     record, or cited by the court or the parties, shall be 
     treated by the court and the parties consistent with the 
     provisions of this subsection, and shall be sealed and 
     preserved in the records of the court to be made available in 
     the event of further proceedings. In no event shall such 
     information be released as part of the public record.
       (9) The court shall award reasonable attorney fees to a 
     petitioner who is a prevailing party in an action under this 
     section.
       (10) After the expiration of the time to seek further 
     review, or the conclusion of further proceedings, the court 
     shall return the administrative record, including any and all 
     copies, to the United States. All privileged information or 
     other information in the possession of counsel for the 
     petitioner that was provided by the United States under a 
     protective order shall be returned to the United States, or 
     the counsel for the petitioner shall certify its destruction, 
     including any and all copies.
       (e) Scope of Review.--The district court shall quash any 
     denial by the Attorney General under subsection (a)(1), 
     unless the United States demonstrates, based on the 
     administrative record, on a de novo review of fact and law--
       (1) that the transferee or applicant--
       (A) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (B) based on credible information, poses--
       (i) a threat of committing an act of international 
     terrorism or domestic terrorism with respect to an aircraft 
     (including a threat of piracy, or a threat to airline, 
     passenger, or civil aviation security);
       (ii) a threat of committing an act of domestic terrorism 
     with respect to the homeland;
       (iii) a threat of committing an act of international 
     terrorism against any United States Government facility 
     abroad and associated or supporting personnel, including 
     United States embassies, consulates and missions, military 
     installations, United States ships, United States aircraft, 
     or other auxiliary craft owned or leased by the United States 
     Government; or
       (iv) a threat of engaging in or conducting a violent act of 
     terrorism and is operationally capable of doing so; or
       (2) that the transferee or applicant--
       (A) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (B) based on credible information--
       (i) is a member of a terrorist organization (including a 
     foreign terrorist organization) designated pursuant to a 
     statute or Executive order; and
       (ii) is associated with terrorist activity, unless 
     information exists that demonstrates that the application of 
     secondary screening to such individual is not necessary.
       (f) Effect of Quashing.--If the district court quashes a 
     denial by the Attorney General under subsection (e), 
     notwithstanding any other provision of law, the Attorney 
     General shall--
       (1) for a denial of the transfer of a firearm, cause a 
     unique identifier to issue pursuant to section 922(t)(2) of 
     title 18, United States Code, not later than 3 days after the 
     issuance of the order under subsection (e); and
       (2) for a denial of a license or permit, expeditiously 
     issue a license or permit under chapter 40 or 44 of title 18, 
     United States Code, as applicable.
       (g) Review of Decision of District Court.--A final decision 
     of a district court under this section shall be subject to 
     review by a court of appeals in accordance with section 1291 
     of title 28, United States Code.
       (h) Exclusive Remedies.--The remedial procedures and a 
     petition for review authorized under subsection (c)(1)(A) 
     shall be the sole and exclusive remedies for a claim by an 
     individual who challenges a denial under subsection (a)(1).
       (i) Expedited Consideration.--
       (1) Courts.--Not later than 14 days after the date on which 
     a petition is filed challenging a denial under subsection 
     (a)(1), a district court shall determine whether to quash the 
     denial, unless the petitioner consents to a longer period.
       (2) Of quashing.--If the district court quashes a denial by 
     the Attorney General under subsection (e), a petitioner may 
     submit the order quashing the denial to the Department of 
     Homeland Security for expedited review, as appropriate.
       (j) Transparency.--Not later than 60 days after the date of 
     enactment of this Act, and quarterly thereafter--
       (1) the Attorney General shall submit to the Committee on 
     the Judiciary and the Select Committee on Intelligence of the 
     Senate and the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report providing--
       (A) the number of individuals denied a firearm or 
     explosives transfer or a license or permit under subsection 
     (a)(1) during the reporting period;
       (B) the number of petitions for review filed under 
     subsection (c)(1)(A)(ii); and
       (C) the number of instances in which a district court 
     quashed a denial by the Attorney General under subsection 
     (e); and
       (2) the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security and Governmental Affairs, the 
     Select Committee on Intelligence, and the Committee on the 
     Judiciary of the Senate and the Committee on Homeland 
     Security, the Permanent Select Committee on Intelligence, and 
     the Committee on the Judiciary of the House of 
     Representatives a report providing--
       (A) the number of individuals--
       (i) with respect to whom a district court quashed a denial 
     by the Attorney General under subsection (e); and
       (ii) who submitted the order quashing the denial to the 
     Department of Homeland Security under subsection (i)(2); and
       (B) a description of the actions taken and final 
     determinations made by the Department of Homeland Security 
     with regard to submissions described in subparagraph (A)(ii) 
     respecting the status of individuals on the No Fly List or 
     Selectee List, including the length of time taken to reach a 
     final determination.
       (k) Definitions.--In this section:
       (1) Classified information.--The term ``classified 
     information'' has the meaning given that term in section 1(a) 
     of the Classified Information Procedures Act (18 U.S.C. 
     App.).
       (2) Domestic terrorism.--The term ``domestic terrorism'' 
     has the meaning given that term in section 2331(5) of title 
     18, United States Code.
       (3) International terrorism.--The term ``international 
     terrorism'' has the meaning given that term in section 
     2331(1) of title 18, United States Code.
       (4) Military installation.--The term ``military 
     installation'' has the meaning given that term in section 
     2801(c)(4) of title 10, United States Code.
       (5) National security.--The term ``national security'' has 
     the meaning given that term in section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189).

[[Page S2612]]

       (6) Sensitive security information.--The term ``sensitive 
     security information'' has the meaning given that term by 
     section 1505 of title 49, Code of Federal Regulations, or any 
     successor thereto.
       (7) Terrorist activity.--The term ``terrorist activity'' 
     has the meaning given that term in section 212(a)(3)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)).
       (l) Rule of Construction.--Nothing in this section shall be 
     construed to--
       (1) except as set forth in this section, authorize the 
     Attorney General to modify the length of period before a 
     firearm may be transferred under section 922(t) of title 18, 
     United States Code; or
       (2) apply to any claim other than a claim challenging the 
     denial of a firearm, explosive, or issuance of a firearm or 
     explosives permit or license by the Attorney General.
                                 ______
                                 
  SA 1795. Mr. SCHMITT (for himself and Ms. Ernst) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) None of the funds made available by this Act 
     may be used--
       (1) by an employee acting under the official authority of 
     the Federal Government to create a list or database with the 
     purpose of gathering and labeling any speech of a United 
     States citizen as disinformation or misinformation;
       (2) to provide or transmit a list or database described in 
     paragraph (1) or a single item of speech to any provider or 
     operator of a covered platform in order to alter, remove, 
     restrict, or suppress speech of a United States citizen that 
     is shared on the covered platform based on a determination, 
     by an employee acting under the official authority of the 
     Federal Government, that the views of the speech in the list, 
     database, or item are disinformation or misinformation; or
       (3) to create, or provide funding to a foreign government, 
     quasi-governmental organization, or nonprofit organization 
     for the research, development, or maintenance of, any 
     disinformation or misinformation list or ranking system 
     relating to news content, regardless of medium.
       (b) For purposes of this section, the term ``covered 
     platform'' means an interactive computer service, as that 
     term is defined in section 230 of the Communications Act of 
     1934 (47 U.S.C. 230).
                                 ______
                                 
  SA 1796. Mr. CRAPO (for himself, Mr. Risch, and Mr. Tillis) submitted 
an amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  During the 2-year period beginning on the date 
     of the enactment of this Act, the Adverse Effect Wage Rate in 
     effect under section 655.120(b) of title 20, Code of Federal 
     Regulations, shall be equal to the Adverse Effect Wage Rate 
     in effect under such section on December 31, 2023.
                                 ______
                                 
  SA 1797. Mr. CRAPO (for himself, Mr. Risch, and Mr. Tillis) submitted 
an amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) None of the funds made available by this Act 
     may be used to implement, administer, or enforce the final 
     rule entitled ``Adverse Effect Wage Rate Methodology for the 
     Temporary Employment of H-2A Nonimmigrants in Non-Range 
     Occupations in the United States'' (88 Fed. Reg. 12760), 
     which was published in the Federal Register on February 28, 
     2023 by the Department of Labor.
       (b) The minimum wage rate required to be paid under the H-
     2A nonimmigrant agricultural worker program if such wage rate 
     would have been determined under the final rule referred to 
     in subsection (a) shall be the minimum wage rate in effect on 
     February 27, 2023, for the State in which the agricultural 
     labor or services are to be performed.
                                 ______
                                 
  SA 1798. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, 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 funds made available under the 
     heading ``Department of Health and Human Services--Centers 
     for Disease Control and Prevention'' in division D shall be 
     made available until the Director of the Centers for Disease 
     Control and Prevention submits to the Committee on Health, 
     Education, Labor and Pensions of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that includes, with respect to the 10-year period 
     immediately preceding the date of enactment of this Act--
       (1) a description of any donations to the Centers for 
     Disease Control and Prevention that were declined on the 
     basis of a violation of the gift policy of the Centers for 
     Disease Control and Prevention;
       (2) a description of any donations accepted by the Centers 
     for Disease Control and Prevention that were made contingent 
     upon the Centers for Disease Control and Prevention 
     undertaking a specific objective or conclusion; and
       (3) all meeting minutes of the gift review panel of the 
     Centers for Disease Control and Prevention.
                                 ______
                                 
  SA 1799. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 7 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1800. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1799 submitted by Mr. Schumer and intended to be 
proposed to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 1, line 3, strike ``7 days'' and insert ``8 days''.
                                 ______
                                 
  SA 1801. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 9 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 1802. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1801 submitted by Mr. Schumer and intended to be 
proposed to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 1, line 3, strike ``9 days'' and insert ``10 
     days''.
                                 ______
                                 
  SA 1803. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1802 submitted by Mr. Schumer and intended to be 
proposed to the amendment SA 1801 proposed by Mr. Schumer to the bill 
H.R. 2882, to reauthorize the Morris K. Udall and Stewart L. Udall 
Trust Fund, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1, line 1, strike ``10 days'' and insert ``11 
     days''.
                                 ______
                                 
  SA 1804. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, 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 funds appropriated by this Act may be 
     obligated or expended to make a determination or issue a 
     waiver pursuant to--
       (1) section 1245(d)(5) of the National Defense 
     Authorization Act for Fiscal Year 2012 (22 U.S.C. 
     8513a(d)(5)); or
       (2) section 1244(i) or 1247(f) of the Iran Freedom and 
     Counter-Proliferation Act of 2012 (22 U.S.C. 8803(i) and 
     8806(f)).
                                 ______
                                 
  SA 1805. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCRETIONARY AUTHORITY TO DENY TRANSFERS OF 
                   FIREARMS, EXPLOSIVES, AND FIREARMS AND 
                   EXPLOSIVES LICENSES AND PERMITS TO TERRORISTS.

       (a) Authority.--
       (1) In general.--On and after the date of enactment of this 
     Act, in accordance with the procedures under this section, 
     and without regard to section 842, 843, section 922(g) or 
     (n), or section 923 of title 18, United States Code, the 
     Attorney General may deny the

[[Page S2613]]

     transfer of a firearm, not later than 3 business days after a 
     licensee under chapter 44 of title 18, United States Code, 
     contacts the national instant criminal background check 
     system established under section 103 of Public Law 103-159 
     (34 U.S.C. 40901), deny the transfer of an explosive, or deny 
     the issuance of a Federal firearms or explosives license or 
     permit, if either of the following are met:
       (A) No fly list.--The Attorney General determines that the 
     transferee or applicant--
       (i) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (ii) based on credible information, poses--

       (I) a threat of committing an act of international 
     terrorism or domestic terrorism with respect to an aircraft 
     (including a threat of piracy, or a threat to airline, 
     passenger, or civil aviation security);
       (II) a threat of committing an act of domestic terrorism 
     with respect to the homeland;
       (III) a threat of committing an act of international 
     terrorism against any United States Government facility 
     abroad and associated or supporting personnel, including 
     United States embassies, consulates and missions, military 
     installations, United States ships, United States aircraft, 
     or other auxiliary craft owned or leased by the United States 
     Government; or
       (IV) a threat of engaging in or conducting a violent act of 
     terrorism and is operationally capable of doing so.

       (B) Selectee list.--The Attorney General determines that 
     the transferee or applicant--
       (i) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (ii) based on credible information, is--

       (I) a member of a terrorist organization (including a 
     foreign terrorist organization designated pursuant to a 
     statute or Executive order); and
       (II) associated with terrorist activity, unless information 
     exists that demonstrates that the application of secondary 
     screening to such individual is not necessary.

       (2) NICS.--Solely for purposes of sections 922(t) (1), (2), 
     (5), and (6) of title 18, United States Code, and section 
     103(g) of Public Law 103-159 (34 U.S.C. 40901(g)), a denial 
     by the Attorney General under paragraph (1) shall be treated 
     as equivalent to a determination that receipt of a firearm 
     would violate subsection (g) or (n) of section 922 of title 
     18, United States Code. During the 3-business-day period 
     beginning when a licensee under chapter 44 of title 18, 
     United States Code, contacts the national instant criminal 
     background check system established under section 103 of 
     Public Law 103-159 (34 U.S.C. 40901), and notwithstanding 
     section 922(t)(2) of title 18, United States Code, the 
     Attorney General may delay assigning a unique identification 
     number to a transfer of a firearm in order to determine 
     whether the transferee or applicant meets the requirements 
     under paragraph (1).
       (b) Notification of Prospective Firearms and Explosives 
     Transfers to Known or Suspected Terrorist.--The Attorney 
     General and Federal, State, and local law enforcement shall 
     be immediately notified, as appropriate, of any request to 
     transfer a firearm or explosive to a person who is, or within 
     the previous 5 years was, identified in the Terrorist 
     Screening Database maintained by the Terrorist Screening 
     Center of the Federal Bureau of Investigation.
       (c) Review of Denial.--
       (1) Remedial procedures and petition for review.--
       (A) In general.--An individual who is a citizen or lawful 
     permanent resident of the United States and who seeks to 
     challenge a denial by the Attorney General under subsection 
     (a)(1) may--
       (i) pursue the remedial procedures under section 103(g) of 
     Public Law 103-159 (34 U.S.C. 40901(g)); or
       (ii) file a petition for review and any claims related to 
     that petition in the United States District Court for the 
     District of Columbia or in the district court of the United 
     States for the judicial district in which the individual 
     resides.
       (B) Exhaustion not required.--A petitioner is not required 
     to exhaust the remedial procedures authorized under clause 
     (i) of subparagraph (A) before filing a petition for review 
     under clause (ii) of subparagraph (A).
       (C) Procedures.--Notwithstanding any other provision of 
     law, the Attorney General may promulgate regulations 
     governing proceedings under subparagraph (A)(i) to prevent 
     the unauthorized disclosure of information that reasonably 
     could be expected to result in damage to national security or 
     ongoing law enforcement operations.
       (2) Deadlines for filing.--
       (A) In general.--Except as provided in subparagraph (B), a 
     petition for review under paragraph (1)(A)(ii), and any 
     claims related to that petition, shall be filed not later 
     than the earlier of--
       (i) 1 year after the petitioner receives actual notice of 
     the reason for the denial by the Attorney General; or
       (ii) 5 years after the petitioner receives notice of the 
     denial by the Attorney General.
       (B) Exception.--The district court in which a petition for 
     review is to be filed under paragraph (1)(A)(ii) may allow 
     the petition to be filed after the deadline specified in 
     subparagraph (A) only if there is good cause for not filing 
     by that deadline.
       (3) Authority of district courts.--The district court in 
     which a petition for review is filed under paragraph 
     (1)(A)(ii)--
       (A) shall have--
       (i) jurisdiction to decide all relevant questions of law 
     and fact; and
       (ii) exclusive jurisdiction to affirm, amend, modify, or 
     set aside any part of the denial of the Attorney General that 
     is the subject of the petition for review; and
       (B) may order the Attorney General to conduct further 
     proceedings.
       (4) Exclusive jurisdiction.--
       (A) In general.--No district court of the United States or 
     court of appeals of the United States shall have jurisdiction 
     to consider the lawfulness or constitutionality of this 
     section except pursuant to a petition for review under 
     subsection (c)(1)(A)(ii).
       (B) Noncitizens.--No district court of the United States or 
     court of appeals of the United States shall have jurisdiction 
     to hear any claim by an individual who is not a citizen or 
     lawful permanent resident of the United States related to or 
     arising out of a denial by the Attorney General under 
     subsection (a)(1).
       (d) Requirement for an Administrative Record and Procedures 
     for Judicial Review.--Notwithstanding any other provision of 
     law, the following procedures shall apply with respect to a 
     petition for review filed in a district court under 
     subsection (c)(1)(A)(ii):
       (1) The United States shall file with the court an 
     administrative record, which shall consist of--
       (A) the information the Attorney General relied upon in 
     denying the transfer or application;
       (B) a summary of known material mitigation information;
       (C) any information the petitioner has submitted pursuant 
     to any administrative process; and
       (D) any information determined relevant by the United 
     States.
       (2)(A) The petitioner may file with the court any 
     information determined relevant by the petitioner.
       (B) With leave of the court, the United States may 
     supplement the administrative record with additional 
     information.
       (3) All information in the administrative record that is 
     not classified and is not otherwise privileged or subject to 
     statutory protections shall be provided to the petitioner.
       (4) No discovery shall be permitted, unless the court shall 
     determine extraordinary circumstances requires discovery in 
     the interests of justice.
       (5) Sensitive security information contained in the 
     administrative record may only be provided to petitioners 
     counsel, pursuant to a protective order.
       (6)(A) The administrative record may include classified 
     information, which the United States shall submit to the 
     court in camera and ex parte. The court shall review all 
     classified information in camera and ex parte unless it 
     enters an order under paragraph (C).
       (B) The United States shall notify the petitioner if the 
     administrative record filed under paragraph (1) contains 
     classified information.
       (C) The court is authorized to determine the extent to 
     which cleared counsel shall be permitted to access classified 
     information necessary to protect the due process rights of a 
     petitioner and enter an appropriate order.
       (D)(i) If the court enters an order under subparagraph (C) 
     providing for the disclosure of information and the United 
     States files with the court an affidavit of the Attorney 
     General objecting to the disclosure, the court shall order 
     that the information not be disclosed.
       (ii) If information is not disclosed under clause (i), the 
     court shall enter such an order as the interests of justice 
     require, which may include an order quashing the denial by 
     the Attorney General under subsection (a)(1).
       (iii) An order under subparagraph (C) or clause (ii) of 
     this subparagraph shall be subject to review by a court of 
     appeals pursuant to section 1292 of title 28, United States 
     Code.
       (iv) An order under clause (ii) shall be administratively 
     stayed for 7 days.
       (v) The functions and duties of the Attorney General under 
     this subparagraph--
       (I) may be exercised by the Deputy Attorney General, the 
     Associate Attorney General, or by an Assistant Attorney 
     General designated by the Attorney General for such purpose; 
     and
       (II) may not be delegated to any other official.
       (E) Any information disclosed under subparagraph (C) shall 
     be subject to an appropriate protective order.
       (7)(A) The administrative record may include information 
     obtained or derived from an order issued under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.), without regard to subsections (c), (e), (f), (g), and 
     (h) of section 106 (50 U.S.C. 1806), subsections (d), (f), 
     (g), (h), and (i) of section 305 (50 U.S.C. 1825), 
     subsections (c), (e), (f), (g), and (h) of section 405 (50 
     U.S.C. 1845), and section 706 (50 U.S.C. 1881e) of that Act. 
     If the United States intends to use such information against 
     an aggrieved

[[Page S2614]]

     person (as defined in section 101, 301, or 401 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, 1821, 
     and 1841)), it shall provide in camera and ex parte notice to 
     the court concerning such use.
       (B) If the court receives a notice under subparagraph (A), 
     the court shall review, in camera and ex parte, the order 
     described in that subparagraph and any other materials that 
     may be submitted by the United States.
       (C) If the court determines that the order described in 
     subparagraph (A) was not lawfully authorized, or the 
     information was not obtained in conformity with the order, it 
     shall exclude such information from consideration as part of 
     the administrative record.
       (8) Any classified information, sensitive security 
     information, law enforcement sensitive information, or 
     information that is otherwise privileged or subject to 
     statutory protections, that is part of the administrative 
     record, or cited by the court or the parties, shall be 
     treated by the court and the parties consistent with the 
     provisions of this subsection, and shall be sealed and 
     preserved in the records of the court to be made available in 
     the event of further proceedings. In no event shall such 
     information be released as part of the public record.
       (9) The court shall award reasonable attorney fees to a 
     petitioner who is a prevailing party in an action under this 
     section.
       (10) After the expiration of the time to seek further 
     review, or the conclusion of further proceedings, the court 
     shall return the administrative record, including any and all 
     copies, to the United States. All privileged information or 
     other information in the possession of counsel for the 
     petitioner that was provided by the United States under a 
     protective order shall be returned to the United States, or 
     the counsel for the petitioner shall certify its destruction, 
     including any and all copies.
       (e) Scope of Review.--The district court shall quash any 
     denial by the Attorney General under subsection (a)(1), 
     unless the United States demonstrates, based on the 
     administrative record, on a de novo review of fact and law--
       (1) that the transferee or applicant--
       (A) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (B) based on credible information, poses--
       (i) a threat of committing an act of international 
     terrorism or domestic terrorism with respect to an aircraft 
     (including a threat of piracy, or a threat to airline, 
     passenger, or civil aviation security);
       (ii) a threat of committing an act of domestic terrorism 
     with respect to the homeland;
       (iii) a threat of committing an act of international 
     terrorism against any United States Government facility 
     abroad and associated or supporting personnel, including 
     United States embassies, consulates and missions, military 
     installations, United States ships, United States aircraft, 
     or other auxiliary craft owned or leased by the United States 
     Government; or
       (iv) a threat of engaging in or conducting a violent act of 
     terrorism and is operationally capable of doing so; or
       (2) that the transferee or applicant--
       (A) based on the totality of the circumstances, represents 
     a threat to public safety based on a reasonable suspicion 
     that the transferee or applicant is engaged, or has been 
     engaged, in conduct constituting, in preparation of, in aid 
     of, or related to terrorism, or providing material support or 
     resources therefor; and
       (B) based on credible information--
       (i) is a member of a terrorist organization (including a 
     foreign terrorist organization) designated pursuant to a 
     statute or Executive order; and
       (ii) is associated with terrorist activity, unless 
     information exists that demonstrates that the application of 
     secondary screening to such individual is not necessary.
       (f) Effect of Quashing.--If the district court quashes a 
     denial by the Attorney General under subsection (e), 
     notwithstanding any other provision of law, the Attorney 
     General shall--
       (1) for a denial of the transfer of a firearm, cause a 
     unique identifier to issue pursuant to section 922(t)(2) of 
     title 18, United States Code, not later than 3 days after the 
     issuance of the order under subsection (e); and
       (2) for a denial of a license or permit, expeditiously 
     issue a license or permit under chapter 40 or 44 of title 18, 
     United States Code, as applicable.
       (g) Review of Decision of District Court.--A final decision 
     of a district court under this section shall be subject to 
     review by a court of appeals in accordance with section 1291 
     of title 28, United States Code.
       (h) Exclusive Remedies.--The remedial procedures and a 
     petition for review authorized under subsection (c)(1)(A) 
     shall be the sole and exclusive remedies for a claim by an 
     individual who challenges a denial under subsection (a)(1).
       (i) Expedited Consideration.--
       (1) Courts.--Not later than 14 days after the date on which 
     a petition is filed challenging a denial under subsection 
     (a)(1), a district court shall determine whether to quash the 
     denial, unless the petitioner consents to a longer period.
       (2) Of quashing.--If the district court quashes a denial by 
     the Attorney General under subsection (e), a petitioner may 
     submit the order quashing the denial to the Department of 
     Homeland Security for expedited review, as appropriate.
       (j) Transparency.--Not later than 60 days after the date of 
     enactment of this Act, and quarterly thereafter--
       (1) the Attorney General shall submit to the Committee on 
     the Judiciary and the Select Committee on Intelligence of the 
     Senate and the Committee on the Judiciary and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report providing--
       (A) the number of individuals denied a firearm or 
     explosives transfer or a license or permit under subsection 
     (a)(1) during the reporting period;
       (B) the number of petitions for review filed under 
     subsection (c)(1)(A)(ii); and
       (C) the number of instances in which a district court 
     quashed a denial by the Attorney General under subsection 
     (e); and
       (2) the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security and Governmental Affairs, the 
     Select Committee on Intelligence, and the Committee on the 
     Judiciary of the Senate and the Committee on Homeland 
     Security, the Permanent Select Committee on Intelligence, and 
     the Committee on the Judiciary of the House of 
     Representatives a report providing--
       (A) the number of individuals--
       (i) with respect to whom a district court quashed a denial 
     by the Attorney General under subsection (e); and
       (ii) who submitted the order quashing the denial to the 
     Department of Homeland Security under subsection (i)(2); and
       (B) a description of the actions taken and final 
     determinations made by the Department of Homeland Security 
     with regard to submissions described in subparagraph (A)(ii) 
     respecting the status of individuals on the No Fly List or 
     Selectee List, including the length of time taken to reach a 
     final determination.
       (k) Definitions.--In this section:
       (1) Classified information.--The term ``classified 
     information'' has the meaning given that term in section 1(a) 
     of the Classified Information Procedures Act (18 U.S.C. 
     App.).
       (2) Domestic terrorism.--The term ``domestic terrorism'' 
     has the meaning given that term in section 2331(5) of title 
     18, United States Code.
       (3) International terrorism.--The term ``international 
     terrorism'' has the meaning given that term in section 
     2331(1) of title 18, United States Code.
       (4) Military installation.--The term ``military 
     installation'' has the meaning given that term in section 
     2801(c)(4) of title 10, United States Code.
       (5) National security.--The term ``national security'' has 
     the meaning given that term in section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189).
       (6) Sensitive security information.--The term ``sensitive 
     security information'' has the meaning given that term by 
     section 1505 of title 49, Code of Federal Regulations, or any 
     successor thereto.
       (7) Terrorist activity.--The term ``terrorist activity'' 
     has the meaning given that term in section 212(a)(3)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)).
       (l) Rule of Construction.--Nothing in this section shall be 
     construed to--
       (1) except as set forth in this section, authorize the 
     Attorney General to modify the length of period before a 
     firearm may be transferred under section 922(t) of title 18, 
     United States Code; or
       (2) apply to any claim other than a claim challenging the 
     denial of a firearm, explosive, or issuance of a firearm or 
     explosives permit or license by the Attorney General.
                                 ______
                                 
  SA 1806. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place in division B, insert the 
     following:
       Sec. ___.  The Federal Communications Commission--
       (1) may not modify the rules or regulations of the 
     Commission for universal service high-cost support for 
     competitive eligible telecommunications carriers, including 
     by finalizing the areas that are eligible for support from 
     the 5G Fund for Rural America, until after the date as of 
     which the Assistant Secretary of Commerce for Communications 
     and Information has approved all final proposals received 
     under section 60102(e)(4) of the Infrastructure Investment 
     and Jobs Act (47 U.S.C. 1702(e)(4)); and
       (2) after the date described in paragraph (1), shall use 
     the most recent maps available under section 802(c) of the 
     Communications Act of 1934 (47 U.S.C. 642(c)) in defining the 
     areas that are eligible for support from the 5G Fund for 
     Rural America.
                                 ______
                                 
  SA 1807. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:


[[Page S2615]]


  

       On page 426, between lines 12 and 13, insert the following:
       Sec. 552.  No funds appropriated by this Act may be used to 
     grant any immigration status or other benefit to any alien 
     who has been convicted of, been charged with, or admitted to 
     a law enforcement officer or in a legal proceeding, 
     assaulting a law enforcement officer.
                                 ______
                                 
  SA 1808. Mr. LEE (for Mr. Hagerty (for himself and Ms. Ernst)) 
submitted an amendment intended to be proposed by Mr. Lee to the bill 
H.R. 2882, to reauthorize the Morris K. Udall and Stewart L. Udall 
Trust Fund, and for other purposes; and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) No funds appropriated by this Act may be used 
     to facilitate, provide, or purchase air transportation from a 
     foreign country to the United States for an alien in order 
     for such alien to utilize a parole process described in--
       (1) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for 
     Venezuelans'' (87 Fed. Reg. 63507 (October 19, 2022));
       (2) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for Haitians'' 
     (88 Fed. Reg. 1243 (January 9, 2023));
       (3) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for 
     Nicaraguans'' (88 Fed. Reg. 1255 (January 9, 2023)); or
       (4) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for Cubans'' 
     (88 Fed. Reg. 1266 (January 9, 2023)).
       (b) The limitation described in subsection (a) shall not 
     apply in exigent circumstances in which an individual is 
     being--
       (1) provided emergency medical treatment; or
       (2) brought to the United States for necessary law 
     enforcement purposes.
                                 ______
                                 
  SA 1809. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. ___. FOLLOW-UP SERVICES FOR UNACCOMPANIED ALIEN CHILDREN 
                   PLACED WITH SPONSORS.

       (a) In General.--Immediately upon placing an unaccompanied 
     alien child with a sponsor, the Director of the Office of 
     Refugee Resettlement shall conduct follow-up services, 
     including in-person home visits.
       (b) Additional Services.--The Director may conduct other 
     follow-up services, including phone calls, electronic 
     correspondence, and other communications.
                                 ______
                                 
  SA 1810. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORT ON MISSING UNACCOMPANIED MINOR CHILDREN.

       Not later than 90 days after the date of the enactment of 
     this Act, and quarterly thereafter, the Secretary of Health 
     and Human Services shall submit to Congress a report that 
     includes the number of unaccompanied minor children--
       (1) who have been released from the custody of the 
     Department of Health and Human Services; and
       (2) whose current location is unknown.
                                 ______
                                 
  SA 1811. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, 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 funds appropriated by this Act may be 
     obligated or expended by the Department of State to take any 
     action to release funds or assets to Iran pursuant to the 
     120-day extension of the waiver, approved by the Department 
     on March 13, 2024, of sanctions with respect to Iran under 
     section 1245(d)(5) of the National Defense Authorization Act 
     for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)) and sections 
     1244(i) and 1247(f) of the Iran Freedom and Counter-
     Proliferation Act of 2012 (22 U.S.C. 8803(i) and 8806(f)), 
     unlocking $10,000,000,000 in frozen assets, currently being 
     held in escrow Iranian accounts in Iraq, to be transferred to 
     third-party countries, including Oman, before being sent to 
     Iran.
                                 ______
                                 
  SA 1812. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, 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 funds made available by this Act may 
     be used to admit an adult alien into the United States with a 
     minor alien if a DNA test does not prove that the minor alien 
     is a relative of the adult alien.
                                 ______
                                 
  SA 1813. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report on the status of development and near-
     term deployment of hypersonic systems for defense 
     capabilities.
                                 ______
                                 
  SA 1814. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     collaboration with the Administrator of the United States 
     Agency for International Development, shall submit to 
     Congress a comprehensive report on the sexual violence 
     inflicted on Israeli men and women by Hamas, Palestinian 
     Islamic Jihad, and other collaborators on October 7, 2023, 
     and on the sexual violence that continues to be committed 
     against male and female hostages who are currently held 
     captive in Gaza by Hamas, Palestinian Islamic Jihad, and 
     other collaborators.
                                 ______
                                 
  SA 1815. Mrs. BLACKBURN submitted an amendment intended to be 
proposed by her to the bill H.R. 2882, to reauthorize the Morris K. 
Udall and Stewart L. Udall Trust Fund, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 954, line 6, insert ``Of the funds made available 
     for the Gender Equity and Equality Action Fund under this 
     subsection, the USAID Administrator shall allocate 
     $10,000,000 to the Government of the State of Israel, which 
     may distribute such funding in order to provide assistance to 
     the victims of sexual violence (both male and female) in 
     Israel by Hamas, Palestinian Islamic Jihad, and other 
     collaborators on October 7, 2023, and for the male and female 
     hostages who continue to experience sexual violence and are 
     being held captive in Gaza by Hamas, Palestinian Islamic 
     Jihad, and other collaborators.'' after ``Fund.''.
                                 ______
                                 
  SA 1816. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill H.R. 2882, to reauthorize the Morris K. Udall and 
Stewart L. Udall Trust Fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EMPLOYMENT AUTHORIZATION FOR ASYLUM APPLICANTS.

       Section 208(d)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(d)(2)) is amended to read as follows:
       ``(2) Employment eligibility.--
       ``(A) In general.--Concurrently with the filing of an 
     application for asylum, an applicant for asylum may apply for 
     employment authorization under this section.
       ``(B) Decision on application.--The Secretary of Homeland 
     Security may not approve an application for employment 
     authorization filed under this paragraph until the date that 
     is 30 days after the date on which the applicant filed an 
     application for asylum.''.
                                 ______
                                 
  SA 1817. Mr. PADILLA (for himself, Ms. Warren, Mr. Durbin, Mr. 
Booker, Mr. Markey, Mrs. Gillibrand, and Mr. Bennet) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 348, line 16, strike ``$650,000,000'' and insert 
     ``$1,400,000,000''.
       On page 349, line 2, insert ``: Provided further, That 
     eligibility for funding made available under this heading for 
     `Federal Emergency Management Agency--Federal Assistance' for 
     the Shelter and Services Program is not limited to entities 
     that previously received or applied for funding for the 
     Shelter and Services Program or the Emergency Food and 
     Shelter Program. Provided further, That such amount is 
     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'' 
     before the period at the end.


[[Page S2616]]


  

                                 ______
                                 
  SA 1818. Mr. SCHUMER (for Mr. Peters) proposed an amendment to the 
bill S. 3613, to require Facility Security Committees to respond to 
security recommendations issued by the Federal Protective Service 
relating to facility security, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving Federal Building 
     Security Act of 2024''.

     SEC. 2. RESPONDING TO SECURITY RECOMMENDATIONS.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Facility security committee.--The term ``Facility 
     Security Committee'' means a committee that--
       (A) consists of representatives of--
       (i) all Federal tenants in a specific non-military 
     facility;
       (ii) the security organization for the facility; and
       (iii) the owning or leasing Federal tenant; and
       (B) is responsible for addressing facility-specific 
     security issues and approving the implementation of security 
     measures and practices in the facility.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Response.--
       (1) In general.--Not later than 90 days after the date on 
     which the Federal Protective Service issues a security 
     recommendation to a Facility Security Committee to improve 
     facility security, the head of the Facility Security 
     Committee, or a designee thereof, shall--
       (A) respond to the Secretary--
       (i) indicating if the Facility Security Committee intends 
     to adopt or reject the recommendation; and
       (ii) describing the financial implications of adopting or 
     rejecting the recommendation, including if the benefits 
     outweigh the costs; and
       (B) if the Facility Security Committee intends to reject 
     the recommendation, provide the Secretary a justification for 
     accepting the risk posed by rejecting the recommendation.
       (2) Method.--The Secretary shall--
       (A) develop a method to monitor the recommendations and 
     responses described in paragraph (1); and
       (B) take reasonable action to ensure Facility Security 
     Committee responsiveness under paragraph (1).
       (c) Annual Report.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that, 
     for the fiscal year preceding the report, includes--
       (A) a summary of the security recommendations issued by the 
     Federal Protective Service to Facility Security Committees to 
     improve facility security;
       (B) the percentage of recommendations described in 
     subparagraph (A) that were accepted and the percentage of 
     such recommendations that were rejected;
       (C) the percentage of Facility Security Committees that 
     failed to respond to a recommendation described in 
     subparagraph (A) in a timely manner;
       (D) a summary of justifications provided by Facility 
     Security Committees if a Facility Security Committee rejected 
     a recommendation described in subparagraph (A);
       (E) a summary of the financial implications of Facility 
     Security Committee responses to recommendations described in 
     subparagraph (A), including if the benefits outweigh the 
     costs;
       (F) an analysis of steps taken by Facility Security 
     Committees to mitigate the risk posed by rejecting a 
     recommendation described in subparagraph (A); and
       (G) an analysis of any trends found among the findings in 
     the report.
       (2) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (3) Briefing.--The Secretary shall brief the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on an annual basis on the findings of the 
     most recently submitted report under paragraph (1).
       (d) Report on Surveillance Technology.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security and the Committee on Transportation and 
     Infrastructure of the House of Representatives an unredacted 
     report on--
       (1) all surveillance technology recommended by the Federal 
     Protective Service; and
       (2) any intended use of the technology described in 
     paragraph (1).
       (e) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this Act.
       (f) Sunset and Report.--
       (1) Sunset.--This Act shall cease to be effective on the 
     date that is 5 years after the date of enactment of this Act.
       (2) GAO report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the effectiveness 
     of this Act.
       (g) Application.--This Act shall only apply to--
       (1) General Services Administration facilities under 
     protection of the Federal Protective Service; and
       (2) non-General Services Administration facilities that pay 
     fees to the Federal Protective Service for protection.

                          ____________________