[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Pages S3262-S3293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1910. Mr. REED (for himself, Mrs. Gillibrand, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title IV, add the following:

     SEC. 4__. PROTECTION FROM ABUSIVE PASSENGERS.

       (a) Short Title.--This section may be cited as the 
     ``Protection from Abusive Passengers Act''.
       (b) Defined Term.--In this section, the term ``abusive 
     passenger'' means any individual who, on or after the date of 
     the enactment of this Act, engages in behavior that results 
     in--
       (1) the assessment of a civil penalty for--
       (A) engaging in conduct prohibited under section 46318 of 
     title 49, United States Code; or
       (B) tampering with, interfering with, compromising, 
     modifying, or attempting to circumvent any security system, 
     measure, or procedure related to civil aviation security in 
     violation of section 1540.105(a)(1) of title 49, Code of 
     Federal Regulations, if such violation is committed on an 
     aircraft in flight (as defined in section 46501(1) of title 
     49, United States Code);
       (2) a conviction for a violation of section 46503 or 46504 
     of title 49, United States Code; or
       (3) a conviction for any other Federal offense involving 
     assaults, threats, or intimidation against a crewmember on an 
     aircraft in flight (as defined in section 46501(1) of title 
     49, United States Code).
       (c) Referrals.--The Administrator of the Federal Aviation 
     Administration or the Attorney General shall provide the 
     identity (including the full name, full date of birth, and 
     gender) of all abusive passengers to the Administrator of the 
     Transportation Security Administration.
       (d) Banned Fliers.--
       (1) List.--The Administrator of the Transportation Security 
     Administration shall maintain a list of abusive passengers.
       (2) Effect of inclusion on list.--
       (A) In general.--Any individual included on the list 
     maintained pursuant to paragraph (1) shall be prohibited from 
     boarding any commercial aircraft flight until such individual 
     is removed from such list in accordance with the procedures 
     established by the Administrator pursuant to subsection (e).
       (B) Other lists.--The placement of an individual on the 
     list maintained pursuant to paragraph (1) shall not preclude 
     the placement of such individual on other lists maintained by 
     the Federal Government and used by the Administrator of the 
     Transportation Security Administration pursuant to sections 
     114(h) and 44903(j)(2)(C) of title 49,

[[Page S3263]]

     United States Code, to prohibit such individual from boarding 
     a flight or to take other appropriate action with respect to 
     such individual if the Administrator determines that such 
     individual--
       (i) poses a risk to the transportation system or national 
     security;
       (ii) poses a risk of air piracy or terrorism;
       (iii) poses a threat to airline or passenger safety; or
       (iv) poses a threat to civil aviation or national security.
       (e) Policies and Procedures for Handling Abusive 
     Passengers.--Not later than 180 days after the date of the 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall develop, and 
     post on a publicly available website of the Transportation 
     Security Administration, policies and procedures for handling 
     individuals included on the list maintained pursuant to 
     subsection (d)(1), including--
       (1) the process for receiving and handling referrals 
     received pursuant to subsection (c);
       (2) the method by which the list of banned fliers required 
     under subsection (d)(1) will be maintained;
       (3) specific guidelines and considerations for removing an 
     individual from such list based on the gravity of each 
     offense described in subsection (b);
       (4) the procedures for the expeditious removal of the names 
     of individuals who were erroneously included on such list;
       (5) the circumstances under which certain individuals 
     rightfully included on such list may petition to be removed 
     from such list, including the procedures for appealing a 
     denial of such petition; and
       (6) the process for providing to any individual who is the 
     subject of a referral under subsection (c)--
       (A) written notification, not later than 5 days after 
     receiving such referral, including an explanation of the 
     procedures and circumstances referred to in paragraphs (4) 
     and (5); and
       (B) an opportunity to seek relief under paragraph (4) 
     during the 5-day period beginning on the date on which the 
     individual received the notification referred to in 
     subparagraph (A) to avoid being erroneously included on the 
     list of abusive passengers referred to in subsection (d)(1).
       (f) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, the Administrator of 
     the Transportation Security Administration shall brief the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives regarding the policies and procedures 
     developed pursuant to subsection (e).
       (g) Annual Report.--The Administrator of the Transportation 
     Security Administration shall submit an annual report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Homeland Security of the House of 
     Representatives that contains nonpersonally identifiable 
     information regarding the composition of the list required 
     under subsection (d)(1), including--
       (1) the number of individuals included on such list;
       (2) the age and sex of the individuals included on such 
     list;
       (3) the underlying offense or offenses of the individuals 
     included on such list;
       (4) the period of time each individual has been included on 
     such list;
       (5) the number of individuals rightfully included on such 
     list who have petitioned for removal and the status of such 
     petitions;
       (6) the number of individuals erroneously included on such 
     list and the time required to remove such individuals from 
     such list; and
       (7) the number of individuals erroneously included on such 
     list who have been prevented from traveling.
       (h) Inspector General Review.--Not less frequently than 
     once every 3 years, the Inspector General of the Department 
     of Homeland Security shall review and report to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives regarding the administration and maintenance 
     of the list required under subsections (d) and (e), including 
     an assessment of any disparities based on race or ethnicity 
     in the treatment of petitions for removal.
       (i) Ineligibility for Trusted Traveler Programs.--Except 
     under policies and procedures established by the Secretary of 
     Homeland Security, all abusive passengers shall be 
     permanently ineligible to participate in--
       (1) the Transportation Security Administration's PreCheck 
     program; or
       (2) U.S. Customs and Border Protection's Global Entry 
     program.
       (j) Limitation.--
       (1) In general.--The inclusion of a person's name on the 
     list described in subsection (d)(1) may not be used as the 
     basis for denying any right or privilege under Federal law 
     except for the rights and privileges described in subsections 
     (d)(2), (e), and (i).
       (2) Rule of construction.--Nothing in this subsection may 
     be construed to limit the dissemination, or bar the 
     consideration, of the facts and circumstances that prompt 
     placement of a person on the list described in subsection 
     (d)(1).
       (k) Privacy.--Personally identifiable information used to 
     create the list required under subsection (d)(1)--
       (1) shall be exempt from disclosure under section 552(b)(3) 
     of title 5, United States Code; and
       (2) shall not be made available by any Federal, State, 
     Tribal, or local authority pursuant to any Federal, State, 
     Tribal, or local law requiring public disclosure of 
     information or records.
       (l) Savings Provision.--Nothing in this section may be 
     construed to limit the authority of the Transportation 
     Security Administration or of any other Federal agency to 
     undertake measures to protect passengers, flight crew 
     members, or security officers under any other provision of 
     law.
                                 ______
                                 
  SA 1924. Mrs. CAPITO (for herself, Mr. Carper, Mr. Whitehouse, Mr. 
Risch, Mr. Kelly, Mr. Cramer, and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment SA 1911 submitted by Ms. Cantwell 
(for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and intended to 
be proposed to the bill H.R. 3935, to amend title 49, United States 
Code, to reauthorize and improve the Federal Aviation Administration 
and other civil aviation programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ACCELERATING DEPLOYMENT OF VERSATILE, ADVANCED 
                   NUCLEAR FOR CLEAN ENERGY.

       (a) Short Title.--This section may be cited as the 
     ``Accelerating Deployment of Versatile, Advanced Nuclear for 
     Clean Energy Act of 2024'' or the ``ADVANCE Act of 2024''.
       (b) Definitions.--In this section:
       (1) Accident tolerant fuel.--The term ``accident tolerant 
     fuel'' has the meaning given the term in section 107(a) of 
     the Nuclear Energy Innovation and Modernization Act (Public 
     Law 115-439; 132 Stat. 5577).
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Advanced nuclear fuel.--The term ``advanced nuclear 
     fuel'' means--
       (A) advanced nuclear reactor fuel; and
       (B) accident tolerant fuel.
       (4) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' has the meaning given the term in section 3 of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215 note; Public Law 115-439).
       (5) Advanced nuclear reactor fuel.--The term ``advanced 
     nuclear reactor fuel'' has the meaning given the term in 
     section 3 of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215 note; Public Law 115-439).
       (6) Appropriate committees of Congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives.
       (7) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (9) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (c) International Nuclear Export and Innovation 
     Activities.--
       (1) Commission coordination.--
       (A) In general.--The Commission shall--
       (i) coordinate all work of the Commission relating to--

       (I) import and export licensing for nuclear reactors and 
     radioactive materials; and
       (II) international regulatory cooperation and assistance 
     relating to nuclear reactors and radioactive materials, 
     including with countries that are members of--

       (aa) the Organisation for Economic Co-operation and 
     Development; or
       (bb) the Nuclear Energy Agency; and
       (ii) support interagency and international coordination 
     with respect to--

       (I) the consideration of international technical standards 
     to establish the licensing and regulatory basis to assist the 
     design, construction, and operation of nuclear reactors and 
     use of radioactive materials;
       (II) efforts to help build competent nuclear regulatory 
     organizations and legal frameworks in foreign countries that 
     are seeking to develop civil nuclear industries; and
       (III) exchange programs and training provided, in 
     coordination with the Secretary of State, to foreign 
     countries relating to civil nuclear licensing and oversight 
     to improve the regulation of nuclear reactors and radioactive 
     materials, in accordance with subparagraph (B).

       (B) Exchange programs and training.--With respect to the 
     exchange programs and training described in subparagraph 
     (A)(ii)(III), the Commission shall coordinate, as applicable, 
     with--
       (i) the Secretary of Energy;
       (ii) the Secretary of State;
       (iii) the National Laboratories;
       (iv) the private sector; and
       (v) institutions of higher education.
       (2) Authority to establish branch.--The Commission may 
     establish within the Office of International Programs a 
     branch, to be known as the ``International Nuclear Export and 
     Innovation Branch'', to carry out the international nuclear 
     export and innovation

[[Page S3264]]

     activities described in paragraph (1) as the Commission 
     determines to be appropriate and within the mission of the 
     Commission.
       (3) Exclusion of international activities from the fee 
     base.--
       (A) In general.--Section 102 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215) is 
     amended--
       (i) in subsection (a), by adding at the end the following:
       ``(4) International nuclear export and innovation 
     activities.--The Commission shall identify in the annual 
     budget justification international nuclear export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2024.''; and
       (ii) in subsection (b)(1)(B), by adding at the end the 
     following:
       ``(iv) Costs for international nuclear export and 
     innovation activities described in subsection (c)(1) of the 
     ADVANCE Act of 2024.''.
       (B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect on October 1, 2025.
       (4) Interagency coordination.--The Commission shall 
     coordinate all international activities under this subsection 
     with the Secretary of State, the Secretary of Energy, and 
     other applicable agencies, as appropriate.
       (5) Savings clause.--Nothing in this subsection alters the 
     authority of the Commission to license and regulate the 
     civilian use of radioactive materials.
       (d) Denial of Certain Domestic Licenses for National 
     Security Purposes.--
       (1) Definition of covered fuel.--In this subsection, the 
     term ``covered fuel'' means enriched uranium that is 
     fabricated outside the United States into fuel assemblies for 
     commercial nuclear power reactors by an entity that--
       (A) is owned or controlled by the Government of the Russian 
     Federation or the Government of the People's Republic of 
     China; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation or the People's 
     Republic of China.
       (2) Prohibition on unlicensed possession or ownership of 
     covered fuel.--Unless specifically authorized by the 
     Commission in a license issued under section 53 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2073) and part 70 of title 10, 
     Code of Federal Regulations (or successor regulations), no 
     person subject to the jurisdiction of the Commission may 
     possess or own covered fuel.
       (3) License to possess or own covered fuel.--
       (A) Consultation required prior to issuance.--The 
     Commission shall not issue a license to possess or own 
     covered fuel under section 53 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2073) and part 70 of title 10, Code of 
     Federal Regulations (or successor regulations), unless the 
     Commission has first consulted with the Secretary of Energy 
     and the Secretary of State before issuing the license.
       (B) Prohibition on issuance of license.--
       (i) In general.--Subject to clause (iii), a license to 
     possess or own covered fuel shall not be issued if the 
     Secretary of Energy and the Secretary of State make the 
     determination described in clause (ii)(I)(aa).
       (ii) Determination.--

       (I) In general.--The determination referred to in clause 
     (i) is a determination that possession or ownership, as 
     applicable, of covered fuel--

       (aa) poses a threat to the national security of the United 
     States, including because of an adverse impact on the 
     physical and economic security of the United States; or
       (bb) does not pose a threat to the national security of the 
     United States.

       (II) Joint determination.--A determination described in 
     subclause (I) shall be jointly made by the Secretary of 
     Energy and the Secretary of State.
       (III) Timeline.--

       (aa) Notice of application.--Not later than 30 days after 
     the date on which the Commission receives an application for 
     a license to possess or own covered fuel, the Commission 
     shall notify the Secretary of Energy and the Secretary of 
     State of the application.
       (bb) Determination.--The Secretary of Energy and the 
     Secretary of State shall have a period of 180 days, beginning 
     on the date on which the Commission notifies the Secretary of 
     Energy and the Secretary of State under item (aa) of an 
     application for a license to possess or own covered fuel, in 
     which to make the determination described in subclause (I).
       (cc) Commission notification.--On making the determination 
     described in subclause (I), the Secretary of Energy and the 
     Secretary of State shall immediately notify the Commission.
       (dd) Congressional notification.--Not later than 30 days 
     after the date on which the Secretary of Energy and the 
     Secretary of State notify the Commission under item (cc), the 
     Commission shall notify the appropriate committees of 
     Congress, the Committee on Foreign Relations of the Senate, 
     the Committee on Energy and Natural Resources of the Senate, 
     and the Committee on Foreign Affairs of the House of 
     Representatives of the determination.
       (ee) Public notice.--Not later than 15 days after the date 
     on which the Commission notifies Congress under item (dd) of 
     a determination made under subclause (I), the Commission 
     shall make that determination publicly available.
       (iii) Effect of no determination.--The Commission shall not 
     issue a license if the Secretary of Energy and the Secretary 
     of State have not made a determination described in clause 
     (ii).
       (4) Savings clause.--Nothing in this subsection alters any 
     treaty or international agreement in effect on the date of 
     enactment of this Act or that enters into force after the 
     date of enactment of this Act.
       (e) Export License Notification.--
       (1) Definition of low-enriched uranium.--In this 
     subsection, the term ``low-enriched uranium'' means uranium 
     enriched to less than 20 percent of the uranium-235 isotope.
       (2) Notification.--If the Commission, after consultation 
     with the Secretary of State and any other relevant agencies, 
     issues an export license for the transfer of any item 
     described in paragraph (4) to a country described in 
     paragraph (3), the Commission shall notify the appropriate 
     committees of Congress, the Committee on Foreign Relations of 
     the Senate, the Committee on Energy and Natural Resources of 
     the Senate, and the Committee on Foreign Affairs of the House 
     of Representatives.
       (3) Countries described.--A country referred to in 
     paragraph (2) is a country that--
       (A) has not concluded and ratified an Additional Protocol 
     to its safeguards agreement with the International Atomic 
     Energy Agency; or
       (B) has not ratified or acceded to the amendment to the 
     Convention on the Physical Protection of Nuclear Material, 
     adopted at Vienna October 26, 1979, and opened for signature 
     at New York March 3, 1980 (TIAS 11080), described in the 
     information circular of the International Atomic Energy 
     Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 
     (TIAS 16-508).
       (4) Items described.--An item referred to in paragraph (2) 
     includes--
       (A) unirradiated nuclear fuel containing special nuclear 
     material (as defined in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014)), excluding low-enriched uranium;
       (B) a nuclear reactor that uses nuclear fuel described in 
     subparagraph (A); and
       (C) any plant or component listed in Appendix I to part 110 
     of title 10, Code of Federal Regulations (or successor 
     regulations), that is involved in--
       (i) the reprocessing of irradiated nuclear reactor fuel 
     elements;
       (ii) the separation of plutonium; or
       (iii) the separation of the uranium-233 isotope.
       (f) Global Nuclear Energy Assessment.--
       (1) Study required.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary of Energy, in 
     consultation with the Secretary of State, the Secretary of 
     Commerce, the Administrator of the Environmental Protection 
     Agency, and the Commission, shall conduct a study on the 
     global status of--
       (A) the civilian nuclear energy industry; and
       (B) the supply chains of the civilian nuclear energy 
     industry.
       (2) Contents.--The study conducted under paragraph (1) 
     shall include--
       (A) information on the status of the civilian nuclear 
     energy industry, the long-term risks to that industry, and 
     the bases for those risks;
       (B) information on how the use of the civilian nuclear 
     energy industry, relative to other types of energy 
     industries, can reduce the emission of criteria pollutants 
     and carbon dioxide;
       (C) information on the role the United States civilian 
     nuclear energy industry plays in United States foreign 
     policy;
       (D) information on the importance of the United States 
     civilian nuclear energy industry to countries that are allied 
     to the United States;
       (E) information on how the United States may collaborate 
     with those countries in developing, deploying, and investing 
     in nuclear technology;
       (F) information on how foreign countries use nuclear energy 
     when crafting and implementing their own foreign policy, 
     including such use by foreign countries that are strategic 
     competitors;
       (G) an evaluation of how nuclear nonproliferation and 
     security efforts and nuclear energy safety are affected by 
     the involvement of the United States in--
       (i) international markets; and
       (ii) setting civilian nuclear energy industry standards;
       (H) an evaluation of how industries in the United States, 
     other than the civilian nuclear energy industry, benefit from 
     the generation of electricity by nuclear power plants;
       (I) information on utilities and companies in the United 
     States that are involved in the civilian nuclear energy 
     supply chain, including, with respect to those utilities and 
     companies--
       (i) financial challenges;
       (ii) nuclear liability issues;
       (iii) foreign strategic competition; and
       (iv) risks to continued operation; and
       (J) recommendations for how the United States may--
       (i) develop a national strategy to increase the role that 
     nuclear energy plays in diplomacy and strategic energy 
     policy;
       (ii) develop a strategy to mitigate foreign competitor's 
     utilization of their civilian nuclear energy industries in 
     diplomacy;

[[Page S3265]]

       (iii) align the nuclear energy policy of the United States 
     with national security objectives; and
       (iv) modernize regulatory requirements to strengthen the 
     United States civilian nuclear energy supply chain.
       (3) Report to congress.--Not later than 180 days after the 
     study under paragraph (1) is completed, the Secretary of 
     Energy shall submit to the appropriate committees of Congress 
     the study, including a classified annex, if necessary.
       (g) Process for Review and Amendment of Part 810 Generally 
     Authorized Destinations.--
       (1) Identification and evaluation of factors.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary of Energy, with the concurrence of the Secretary of 
     State, shall identify and evaluate factors, other than 
     agreements for cooperation entered into in accordance with 
     section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153), that may be used to determine a country's generally 
     authorized destination status under part 810 of title 10, 
     Code of Federal Regulations, and to list such country as a 
     generally authorized destination in Appendix A to part 810 of 
     title 10, Code of Federal Regulations.
       (2) Process update.--The Secretary of Energy shall review 
     and, as appropriate, update the Department of Energy's 
     process for determining a country's generally authorized 
     destination status under part 810 of title 10, Code of 
     Federal Regulations, and for listing such country as a 
     generally authorized destination in Appendix A to part 810 of 
     title 10, Code of Federal Regulations, taking into 
     consideration and, as appropriate, incorporating factors 
     identified and evaluated under paragraph (1).
       (3) Revisions to list.--Not later than one year after the 
     date of enactment of this Act, and at least once every 5 
     years thereafter, the Secretary of Energy shall, in 
     accordance with any process updated pursuant to this 
     subsection, review the list in Appendix A to part 810 of 
     title 10, Code of Federal Regulations, and amend such list as 
     appropriate.
       (h) Fees for Advanced Nuclear Reactor Application Review.--
       (1) Definitions.--Section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439) is amended--
       (A) by redesignating paragraphs (2) through (15) as 
     paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), 
     (17), (18), (19), (20), and (21), respectively;
       (B) by inserting after paragraph (1) the following:
       ``(2) Advanced nuclear reactor applicant.--The term 
     `advanced nuclear reactor applicant' means an entity that has 
     submitted to the Commission an application for a license for 
     an advanced nuclear reactor under the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.).'';
       (C) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Advanced nuclear reactor pre-applicant.--The term 
     `advanced nuclear reactor pre-applicant' means an entity that 
     has submitted to the Commission a licensing project plan for 
     the purposes of submitting a future application for a license 
     for an advanced nuclear reactor under the Atomic Energy Act 
     of 1954 (42 U.S.C. 2011 et seq.).
       ``(5) Agency support.--The term `agency support' has the 
     meaning given the term `agency support (corporate support and 
     the IG)' in section 170.3 of title 10, Code of Federal 
     Regulations (or any successor regulation).'';
       (D) by inserting after paragraph (10) (as so redesignated) 
     the following:
       ``(11) Hourly rate for mission-direct program salaries and 
     benefits.--The term `hourly rate for mission-direct program 
     salaries and benefits' means the quotient obtained by 
     dividing--
       ``(A) the full-time equivalent rate (within the meaning of 
     the document of the Commission entitled `FY 2023 Final Fee 
     Rule Work Papers' (or a successor document)) for mission-
     direct program salaries and benefits for a fiscal year; by
       ``(B) the productive hours assumption for that fiscal year, 
     determined in accordance with the formula established in the 
     document referred to in subparagraph (A) (or a successor 
     document).''; and
       (E) by inserting after paragraph (12) (as so redesignated) 
     the following:
       ``(13) Mission-direct program salaries and benefits.--The 
     term `mission-direct program salaries and benefits' means the 
     resources of the Commission that are allocated to the Nuclear 
     Reactor Safety Program (as determined by the Commission) to 
     perform core work activities committed to fulfilling the 
     mission of the Commission, as described in the document of 
     the Commission entitled `FY 2023 Final Fee Rule Work Papers' 
     (or a successor document).
       ``(14) Mission-indirect program support.--The term 
     `mission-indirect program support' has the meaning given the 
     term in section 170.3 of title 10, Code of Federal 
     Regulations (or any successor regulation).''.
       (2) Excluded activities.--Section 102(b)(1)(B) of the 
     Nuclear Energy Innovation and Modernization Act (42 U.S.C. 
     2215(b)(1)(B)) (as amended by subsection (c)(3)(A)(ii)) is 
     amended by adding at the end the following:
       ``(v) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(B), may not be 
     included in the hourly rate charged for fees assessed and 
     collected from advanced nuclear reactor applicants.
       ``(vi) The total costs of mission-indirect program support 
     and agency support that, under paragraph (2)(C), may not be 
     included in the hourly rate charged for fees assessed and 
     collected from advanced nuclear reactor pre-applicants.''.
       (3) Fees for service or thing of value.--Section 102(b) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(b)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Fees for service or thing of value.--
       ``(A) In general.--In accordance with section 9701 of title 
     31, United States Code, the Commission shall assess and 
     collect fees from any person who receives a service or thing 
     of value from the Commission to cover the costs to the 
     Commission of providing the service or thing of value.
       ``(B) Advanced nuclear reactor applicants.--The hourly rate 
     charged for fees assessed and collected from an advanced 
     nuclear reactor applicant under this paragraph relating to 
     the review of a submitted application described in section 
     3(1) may not exceed the hourly rate for mission-direct 
     program salaries and benefits.
       ``(C) Advanced nuclear reactor pre-applicants.--The hourly 
     rate charged for fees assessed and collected from an advanced 
     nuclear reactor pre-applicant under this paragraph relating 
     to the review of submitted materials as described in the 
     licensing project plan of an advanced nuclear reactor pre-
     applicant may not exceed the hourly rate for mission-direct 
     program salaries and benefits.''.
       (4) Sunset.--Section 102 of the Nuclear Energy Innovation 
     and Modernization Act (42 U.S.C. 2215) is amended by adding 
     at the end the following:
       ``(g) Cessation of Effectiveness.--Paragraphs (1)(B)(vi) 
     and (2)(C) of subsection (b) shall cease to be effective on 
     September 30, 2030.''.
       (5) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2025.
       (i) Advanced Nuclear Reactor Prizes.--Section 103 of the 
     Nuclear Energy Innovation and Modernization Act (Public Law 
     115-439; 132 Stat. 5571) is amended by adding at the end the 
     following:
       ``(f) Prizes for Advanced Nuclear Reactor Licensing.--
       ``(1) Definition of eligible entity.--In this subsection, 
     the term `eligible entity' means--
       ``(A) a non-Federal entity; and
       ``(B) the Tennessee Valley Authority.
       ``(2) Prize for advanced nuclear reactor licensing.--
       ``(A) In general.--Notwithstanding section 169 of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2209) and subject to the 
     availability of appropriations, the Secretary is authorized 
     to make, with respect to each award category described in 
     subparagraph (C), an award in an amount described in 
     subparagraph (B) to the first eligible entity--
       ``(i) to which the Commission issues an operating license 
     for an advanced nuclear reactor under part 50 of title 10, 
     Code of Federal Regulations (or successor regulations), for 
     which an application has not been approved by the Commission 
     as of the date of enactment of this subsection; or
       ``(ii) for which the Commission makes a finding described 
     in section 52.103(g) of title 10, Code of Federal Regulations 
     (or successor regulations), with respect to a combined 
     license for an advanced nuclear reactor--

       ``(I) that is issued under subpart C of part 52 of that 
     title (or successor regulations); and
       ``(II) for which an application has not been approved by 
     the Commission as of the date of enactment of this 
     subsection.

       ``(B) Amount of award.--Subject to paragraph (3), an award 
     under subparagraph (A) shall be in an amount equal to the 
     total amount assessed by the Commission and collected under 
     section 102(b)(2) from the eligible entity receiving the 
     award for costs relating to the issuance of the license 
     described in that subparagraph, including, as applicable, 
     costs relating to the issuance of an associated construction 
     permit described in section 50.23 of title 10, Code of 
     Federal Regulations (or successor regulations), or early site 
     permit (as defined in section 52.1 of that title (or 
     successor regulations)).
       ``(C) Award categories.--An award under subparagraph (A) 
     may be made for--
       ``(i) the first advanced nuclear reactor for which the 
     Commission--

       ``(I) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(II) makes a finding in accordance with clause (ii) of 
     that subparagraph;

       ``(ii) an advanced nuclear reactor that--

       ``(I) uses isotopes derived from spent nuclear fuel (as 
     defined in section 2 of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10101)) or depleted uranium as fuel for the 
     advanced nuclear reactor; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iii) an advanced nuclear reactor that--

       ``(I) is a nuclear integrated energy system--

[[Page S3266]]

       ``(aa) that is composed of 2 or more co-located or jointly 
     operated subsystems of energy generation, energy storage, or 
     other technologies;
       ``(bb) in which not fewer than 1 subsystem described in 
     item (aa) is a nuclear energy system; and
       ``(cc) the purpose of which is--
       ``(AA) to reduce greenhouse gas emissions in both the power 
     and nonpower sectors; and
       ``(BB) to maximize energy production and efficiency; and

       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph;
       ``(iv) an advanced reactor that--

       ``(I) operates flexibly to generate electricity or high 
     temperature process heat for nonelectric applications; and
       ``(II) is the first advanced nuclear reactor described in 
     subclause (I) for which the Commission--

       ``(aa) issues a license in accordance with clause (i) of 
     subparagraph (A); or
       ``(bb) makes a finding in accordance with clause (ii) of 
     that subparagraph; and
       ``(v) the first advanced nuclear reactor for which the 
     Commission grants approval to load nuclear fuel pursuant to 
     the technology-inclusive regulatory framework established 
     under subsection (a)(4).
       ``(3) Federal funding limitations.--
       ``(A) Exclusion of tva funds.--In this paragraph, the term 
     `Federal funds' does not include funds received under the 
     power program of the Tennessee Valley Authority established 
     pursuant to the Tennessee Valley Authority Act of 1933 (16 
     U.S.C. 831 et seq.).
       ``(B) Limitation on amounts expended.--An award under this 
     subsection shall not exceed the total amount expended 
     (excluding any expenditures made with Federal funds received 
     for the applicable project and an amount equal to the minimum 
     cost-share required under section 988 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16352)) by the eligible entity 
     receiving the award for licensing costs relating to the 
     project for which the award is made.
       ``(C) Repayment and dividends not required.--
     Notwithstanding section 9104(a)(4) of title 31, United States 
     Code, or any other provision of law, an eligible entity that 
     receives an award under this subsection shall not be 
     required--
       ``(i) to repay that award or any part of that award; or
       ``(ii) to pay a dividend, interest, or other similar 
     payment based on the sum of that award.''.
       (j) Licensing Considerations Relating to Use of Nuclear 
     Energy for Nonelectric Applications.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report addressing any 
     unique licensing issues or requirements relating to--
       (A) the flexible operation of advanced nuclear reactors, 
     such as ramping power output and switching between 
     electricity generation and nonelectric applications;
       (B) the use of advanced nuclear reactors exclusively for 
     nonelectric applications; and
       (C) the colocation of nuclear reactors with industrial 
     plants or other facilities.
       (2) Stakeholder input.--In developing the report under 
     paragraph (1), the Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) technology developers;
       (D) the industrial, chemical, and medical sectors;
       (E) nongovernmental organizations; and
       (F) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report under paragraph (1) shall 
     describe--
       (i) any unique licensing issues or requirements relating to 
     the matters described in subparagraphs (A) through (C) of 
     paragraph (1), including, with respect to the nonelectric 
     applications referred to in subparagraphs (A) and (B) of that 
     paragraph, any licensing issues or requirements relating to 
     the use of nuclear energy--

       (I) for hydrogen or other liquid and gaseous fuel or 
     chemical production;
       (II) for water desalination and wastewater treatment;
       (III) for heat used for industrial processes;
       (IV) for district heating;
       (V) in relation to energy storage;
       (VI) for industrial or medical isotope production; and
       (VII) for other applications, as identified by the 
     Commission;

       (ii) options for addressing those issues or requirements--

       (I) within the existing regulatory framework;
       (II) as part of the technology-inclusive regulatory 
     framework required under subsection (a)(4) of section 103 of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2133 note; Public Law 115-439); or
       (III) through a new rulemaking; and

       (iii) the extent to which Commission action is needed to 
     implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance in the licensing of nuclear 
     reactors for nonelectric applications.
       (k) Enabling Preparations for the Demonstration of Advanced 
     Nuclear Reactors on Department of Energy Sites or Critical 
     National Security Infrastructure Sites.--
       (1) In general.--Section 102(b)(1)(B) of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215(b)(1)(B)) 
     (as amended by subsection (h)(2)) is amended by adding at the 
     end the following:
       ``(vii) Costs for--

       ``(I) activities to review and approve or disapprove an 
     application for an early site permit (as defined in section 
     52.1 of title 10, Code of Federal Regulations (or any 
     successor regulation)) to demonstrate an advanced nuclear 
     reactor on a Department of Energy site or critical national 
     security infrastructure (as defined in section 327(d) of the 
     John S. McCain National Defense Authorization Act for Fiscal 
     Year 2019 (Public Law 115-232; 132 Stat. 1722)) site; and
       ``(II) pre-application activities relating to an early site 
     permit (as defined in section 52.1 of title 10, Code of 
     Federal Regulations (or any successor regulation)) to 
     demonstrate an advanced nuclear reactor on a Department of 
     Energy site or critical national security infrastructure (as 
     defined in section 327(d) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (Public Law 
     115-232; 132 Stat. 1722)) site.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on October 1, 2025.
       (l) Fusion Energy Regulation.--
       (1) Definition.--Section 11 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014) is amended--
       (A) in subsection e.--
       (i) in paragraph (3)(B)--

       (I) in clause (i), by inserting ``, including by use of a 
     fusion machine'' after ``particle accelerator''; and
       (II) in clause (ii), by inserting ``if made radioactive by 
     use of a particle accelerator that is not a fusion machine,'' 
     before ``is produced'';

       (B) in each of subsections ee. through hh., by inserting a 
     subsection heading, the text of which comprises the term 
     defined in the subsection;
       (C) by redesignating subsections ee., ff., gg., hh., and 
     jj. as subsections jj., gg., hh., ii., and ff., respectively, 
     and moving the subsections so as to appear in alphabetical 
     order;
       (D) in subsection dd., by striking ``dd. The'' and 
     inserting the following:
       ``ee. High-level Radioactive Waste; Spent Nuclear Fuel.--
     The''; and
       (E) by inserting after subsection cc. the following:
       ``dd. Fusion Machine.--The term `fusion machine' means a 
     machine that is capable of--
       ``(1) transforming atomic nuclei, through fusion processes, 
     into different elements, isotopes, or other particles; and
       ``(2) directly capturing and using the resultant products, 
     including particles, heat, or other electromagnetic 
     radiation.''.
       (2) Technical and conforming changes.--
       (A) In general.--Section 103(a) of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2133 note; Public 
     Law 115-439) is amended--
       (i) in paragraph (4), by striking ``inclusive,'' and 
     inserting ``inclusive''; and
       (ii) in paragraph (5)(B)(ii), by inserting ``(including 
     fusion machine license applications)'' after ``commercial 
     advanced nuclear reactor license applications''.
       (B) Definitions.--Section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439) (as amended by subsection (h)(1)) is amended--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``or fusion reactor'' and inserting 
     ``reactor or fusion machine'';
       (ii) by redesignating paragraphs (11) through (21) as 
     paragraphs (12) through (22), respectively; and
       (iii) by inserting after paragraph (10) the following:
       ``(11) Fusion machine.--The term `fusion machine' has the 
     meaning given the term in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014).''.
       (3) Report.--
       (A) Definitions.--In this paragraph:
       (i) Agreement state.--The term ``Agreement State'' has the 
     meaning given the term in section 3 of the Nuclear Energy 
     Innovation and Modernization Act (42 U.S.C. 2215 note; Public 
     Law 115-439).
       (ii) Fusion machine.--The term ``fusion machine'' has the 
     meaning given the term in section 11 of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2014).
       (B) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report on--
       (i) the results of a study, conducted in consultation with 
     Agreement States and the private fusion sector, on risk- and 
     performance-based, design-specific licensing frameworks for 
     mass-manufactured fusion machines, including an evaluation of 
     the design, manufacturing, and operations certification 
     process used by the Federal Aviation Administration for 
     aircraft as a potential model for mass-manufactured fusion 
     machine regulations; and

[[Page S3267]]

       (ii) the estimated timeline for the Commission to issue 
     consolidated guidance or regulations for licensing mass-
     manufactured fusion machines, taking into account--

       (I) the results of that study; and
       (II) the anticipated need for such guidance or regulations.

       (m) Regulatory Issues for Nuclear Facilities at Brownfield 
     Sites.--
       (1) Definitions.--In this subsection:
       (A) Brownfield site.--The term ``brownfield site'' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (B) Covered site.--The term ``covered site'' means a 
     brownfield site, a retired fossil fuel site, or a site that 
     is both a retired fossil fuel site and a brownfield site.
       (C) Production facility.--The term ``production facility'' 
     has the meaning given the term in section 11 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2014).
       (D) Retired fossil fuel site.--The term ``retired fossil 
     fuel site'' means the site of 1 or more fossil fuel electric 
     generation facilities that are retired or scheduled to 
     retire, including multi-unit facilities that are partially 
     shut down.
       (E) Utilization facility.--The term ``utilization 
     facility'' has the meaning given the term in section 11 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014).
       (2) Identification of regulatory issues.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall evaluate the 
     extent to which modification of regulations, guidance, or 
     policy is needed to enable efficient, timely, and predictable 
     licensing reviews for, and to support the oversight of, 
     production facilities or utilization facilities at covered 
     sites.
       (B) Requirement.--In carrying out subparagraph (A), the 
     Commission shall consider how licensing reviews for 
     production facilities or utilization facilities at covered 
     sites may be expedited by considering matters relating to 
     siting and operating a production facility or a utilization 
     facility at or near a covered site to support--
       (i) the reuse of existing site infrastructure, including--

       (I) electric switchyard components and transmission 
     infrastructure;
       (II) heat-sink components;
       (III) steam cycle components;
       (IV) roads;
       (V) railroad access; and
       (VI) water availability;

       (ii) the use of early site permits;
       (iii) the utilization of plant parameter envelopes or 
     similar standardized site parameters on a portion of a larger 
     site; and
       (iv) the use of a standardized application for similar 
     sites.
       (C) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing any 
     regulations, guidance, and policies identified under 
     subparagraph (A).
       (3) Licensing.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall--
       (i) develop and implement strategies to enable efficient, 
     timely, and predictable licensing reviews for, and to support 
     the oversight of, production facilities or utilization 
     facilities at covered sites; or
       (ii) initiate a rulemaking to enable efficient, timely, and 
     predictable licensing reviews for, and to support the 
     oversight of, production facilities or utilization facilities 
     at covered sites.
       (B) Requirements.--In carrying out subparagraph (A), 
     consistent with the mission of the Commission, the Commission 
     shall consider matters relating to--
       (i) the use of existing site infrastructure;
       (ii) existing emergency preparedness organizations and 
     planning;
       (iii) the availability of historical site-specific 
     environmental data;
       (iv) previously completed environmental reviews required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.);
       (v) activities associated with the potential 
     decommissioning of facilities or decontamination and 
     remediation at covered sites; and
       (vi) community engagement and historical experience with 
     energy production.
       (4) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     actions taken by the Commission under paragraph (3)(A).
       (n) Combined License Review Procedure.--
       (1) In general.--In accordance with this subsection, the 
     Commission shall establish and carry out an expedited 
     procedure for issuing a combined license pursuant to section 
     185 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2235(b)).
       (2) Qualifications.--To qualify for the expedited procedure 
     under paragraph (1), an applicant--
       (A) shall submit a combined license application for a new 
     nuclear reactor that--
       (i) references a design for which the Commission has issued 
     a design certification (as defined in section 52.1 of title 
     10, Code of Federal Regulations (or any successor 
     regulation)); or
       (ii) has a design that is substantially similar to a design 
     of a nuclear reactor for which the Commission has issued a 
     combined license, an operating license, or a manufacturing 
     license under the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.);
       (B) shall propose to construct the new nuclear reactor on a 
     site--
       (i) on which a licensed commercial nuclear reactor operates 
     or previously operated; or
       (ii) that is directly adjacent to a site on which a 
     licensed commercial nuclear reactor operates or previously 
     operated and has site characteristics that are substantially 
     similar to that site; and
       (C) may not be subject to an order of the Commission to 
     suspend or revoke a license under section 2.202 of title 10, 
     Code of Federal Regulations (or any successor regulation).
       (3) Expedited procedure.--With respect to a combined 
     license for which the applicant has satisfied the 
     requirements described in paragraph (2), the Commission 
     shall, to the maximum extent practicable--
       (A) not later than 18 months after the date on which the 
     application is accepted for docketing--
       (i) complete the technical review process and issue a 
     safety evaluation report; and
       (ii) issue a final environmental impact statement or 
     environmental assessment, unless the Commission finds that 
     the proposed agency action is excluded pursuant to a 
     categorical exclusion in accordance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) not later than 2 years after the date on which the 
     application is accepted for docketing, complete any necessary 
     public licensing hearings and related processes; and
       (C) not later than 25 months after the date on which the 
     application is accepted for docketing, make a final decision 
     on whether to issue the combined license.
       (4) Performance and reporting.--
       (A) Delays in issuance.--Not later than 30 days after the 
     applicable deadline, the Executive Director for Operations of 
     the Commission shall inform the Commission of any failure to 
     meet a deadline under paragraph (3).
       (B) Delays in issuance exceeding 90 days.--If any deadline 
     under paragraph (3) is not met by the date that is 90 days 
     after the applicable date required under that paragraph, the 
     Commission shall submit to the appropriate committees of 
     Congress a report describing the delay, including--
       (i) a detailed explanation accounting for the delay; and
       (ii) a plan for completion of the applicable action.
       (o) Regulatory Requirements for Micro-reactors.--
       (1) Micro-reactor licensing.--The Commission shall--
       (A) not later than 18 months after the date of enactment of 
     this Act, develop risk-informed and performance-based 
     strategies and guidance to license and regulate micro-
     reactors pursuant to section 103 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2133), including strategies and guidance 
     for--
       (i) staffing and operations;
       (ii) oversight and inspections;
       (iii) safeguards and security;
       (iv) emergency preparedness;
       (v) risk analysis methods, including alternatives to 
     probabilistic risk assessments;
       (vi) decommissioning funding assurance methods that permit 
     the use of design- and site-specific cost estimates;
       (vii) the transportation of fueled micro-reactors; and
       (viii) siting, including in relation to--

       (I) the population density criterion limit described in the 
     policy issue paper on population-related siting 
     considerations for advanced reactors dated May 8, 2020, and 
     numbered SECY-20-0045;
       (II) licensing mobile deployment; and
       (III) environmental reviews; and

       (B) not later than 3 years after the date of enactment of 
     this Act, implement, as appropriate, the strategies and 
     guidance developed under subparagraph (A)--
       (i) within the existing regulatory framework;
       (ii) through the technology-inclusive regulatory framework 
     to be established under section 103(a)(4) of the Nuclear 
     Energy Innovation and Modernization Act (42 U.S.C. 2133 note; 
     Public Law 115-439); or
       (iii) through a pending or new rulemaking.
       (2) Considerations.--In developing and implementing 
     strategies and guidance under paragraph (1), the Commission 
     shall consider--
       (A) the unique characteristics of micro-reactors, including 
     characteristics relating to--
       (i) physical size;
       (ii) design simplicity; and
       (iii) source term;
       (B) opportunities to address redundancies and 
     inefficiencies;
       (C) opportunities to consolidate review phases and reduce 
     transitions between review teams;
       (D) opportunities to establish integrated review teams to 
     ensure continuity throughout the review process; and
       (E) other relevant considerations discussed in the policy 
     issue paper on policy and licensing considerations related to 
     micro-reactors dated October 6, 2020, and numbered SECY-20-
     0093.
       (3) Consultation.--In carrying out paragraph (1), the 
     Commission shall consult with--
       (A) the Secretary of Energy;
       (B) the heads of other Federal agencies, as appropriate;

[[Page S3268]]

       (C) micro-reactor technology developers; and
       (D) other stakeholders.
       (p) Foreign Ownership.--
       (1) In general.--The prohibitions against issuing certain 
     licenses for utilization facilities to certain aliens, 
     corporations, and other entities described in the second 
     sentence of section 103 d. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2133(d)) and the second sentence of section 104 d. 
     of that Act (42 U.S.C. 2134(d)) shall not apply to an entity 
     described in paragraph (2) if the Commission determines that 
     issuance of the applicable license to that entity is not 
     inimical to--
       (A) the common defense and security; or
       (B) the health and safety of the public.
       (2) Entities described.--
       (A) In general.--An entity referred to in paragraph (1) is 
     an alien, corporation, or other entity that is owned, 
     controlled, or dominated by--
       (i) the government of--

       (I) a country, other than a country described in 
     subparagraph (B), that is a member of the Organisation for 
     Economic Co-operation and Development on the date of 
     enactment of this Act; or
       (II) the Republic of India;

       (ii) a corporation that is incorporated in a country 
     described in subclause (I) or (II) of clause (i); or
       (iii) an alien who is a citizen or national of a country 
     described in subclause (I) or (II) of clause (i).
       (B) Exclusion.--A country described in this subparagraph is 
     a country--
       (i) any department, agency, or instrumentality of the 
     government of which, on the date of enactment of this Act, is 
     subject to sanctions under section 231 of the Countering 
     America's Adversaries Through Sanctions Act (22 U.S.C. 9525); 
     or
       (ii) any citizen, national, or entity of which, as of the 
     date of enactment of this Act, is included on the List of 
     Specially Designated Nationals and Blocked Persons maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury pursuant to sanctions imposed under section 231 
     of the Countering America's Adversaries Through Sanctions Act 
     (22 U.S.C. 9525).
       (3) Technical amendment.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence, by striking ``any any'' and inserting 
     ``any''.
       (4) Savings clause.--Nothing in this subsection affects the 
     requirements of section 721 of the Defense Production Act of 
     1950 (50 U.S.C. 4565).
       (q) Report on Advanced Methods of Manufacturing and 
     Construction for Nuclear Energy Projects.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report (referred to in 
     this subsection as the ``report'') on manufacturing and 
     construction for nuclear energy projects.
       (2) Stakeholder input.--In developing the report, the 
     Commission shall seek input from--
       (A) the Secretary of Energy;
       (B) the nuclear energy industry;
       (C) National Laboratories;
       (D) institutions of higher education;
       (E) nuclear and manufacturing technology developers;
       (F) the manufacturing and construction industries, 
     including manufacturing and construction companies with 
     operating facilities in the United States;
       (G) standards development organizations;
       (H) labor unions;
       (I) nongovernmental organizations; and
       (J) other public stakeholders.
       (3) Contents.--
       (A) In general.--The report shall--
       (i) examine any unique licensing issues or requirements 
     relating to the use, for nuclear energy projects, of--

       (I) advanced manufacturing processes;
       (II) advanced construction techniques; and
       (III) rapid improvement or iterative innovation processes;

       (ii) examine--

       (I) the requirements for nuclear-grade components in 
     manufacturing and construction for nuclear energy projects;
       (II) opportunities to use standard materials, parts, or 
     components in manufacturing and construction for nuclear 
     energy projects;
       (III) opportunities to use standard materials that are in 
     compliance with existing codes and standards to provide 
     acceptable approaches to support or encapsulate new materials 
     that do not yet have applicable codes and standards; and
       (IV) requirements relating to the transport of a fueled 
     advanced nuclear reactor core from a manufacturing licensee 
     to a licensee that holds a license to construct and operate a 
     facility at a particular site;

       (iii) identify safety aspects of advanced manufacturing 
     processes and advanced construction techniques that are not 
     addressed by existing codes and standards, so that generic 
     guidance may be updated or created, as necessary;
       (iv) identify options for addressing the issues, 
     requirements, and opportunities examined under clauses (i) 
     and (ii)--

       (I) within the existing regulatory framework; or
       (II) through a new rulemaking;

       (v) identify how addressing the issues, requirements, and 
     opportunities examined under clauses (i) and (ii) will impact 
     opportunities for domestic nuclear manufacturing and 
     construction developers; and
       (vi) describe the extent to which Commission action is 
     needed to implement any matter described in the report.
       (B) Cost estimates, budgets, and timeframes.--The report 
     shall include cost estimates, proposed budgets, and proposed 
     timeframes for implementing risk-informed and performance-
     based regulatory guidance for advanced manufacturing and 
     construction for nuclear energy projects.
       (r) Nuclear Energy Traineeship.--Section 313 of division C 
     of the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), 
     is amended--
       (1) in subsection (a), by striking ``Nuclear Regulatory'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by inserting ``and subsection (c)'' after 
     ``paragraph (2)'';
       (3) in subsection (c)--
       (A) by redesignating paragraph (2) as paragraph (5); and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
       ``(2) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(3) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
     15801).
       ``(4) National laboratory.--The term `National Laboratory' 
     has the meaning given the term in section 951(b) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16271(b)).'';
       (4) in subsection (d)(2), by striking ``Nuclear 
     Regulatory'';
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (6) by inserting after subsection (b) the following:
       ``(c) Nuclear Energy Traineeship Subprogram.--
       ``(1) In general.--The Commission shall establish, as a 
     subprogram of the Program, a nuclear energy traineeship 
     subprogram under which the Commission, in coordination with 
     institutions of higher education and trade schools, shall 
     competitively award traineeships that provide focused 
     training to meet critical mission needs of the Commission and 
     nuclear workforce needs, including needs relating to the 
     nuclear tradecraft workforce.
       ``(2) Requirements.--In carrying out the nuclear energy 
     traineeship subprogram described in paragraph (1), the 
     Commission shall--
       ``(A) coordinate with the Secretary of Energy to prioritize 
     the funding of traineeships that focus on--
       ``(i) nuclear workforce needs; and
       ``(ii) critical mission needs of the Commission;
       ``(B) encourage appropriate partnerships among--
       ``(i) National Laboratories;
       ``(ii) institutions of higher education;
       ``(iii) trade schools;
       ``(iv) the nuclear energy industry; and
       ``(v) other entities, as the Commission determines to be 
     appropriate; and
       ``(C) on an annual basis, evaluate nuclear workforce needs 
     for the purpose of implementing traineeships in focused 
     topical areas that--
       ``(i) address the workforce needs of the nuclear energy 
     community; and
       ``(ii) support critical mission needs of the Commission.''.
       (s) Biennial Report on the Spent Nuclear Fuel and High-
     level Radioactive Waste Inventory in the United States.--
       (1) Definitions.--In this subsection:
       (A) High-level radioactive waste.--The term ``high-level 
     radioactive waste'' has the meaning given the term in section 
     2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
       (B) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).
       (C) Standard contract.--The term ``standard contract'' has 
     the meaning given the term ``contract'' in section 961.3 of 
     title 10, Code of Federal Regulations (or any successor 
     regulation).
       (2) Report.--Not later than January 1, 2026, and biennially 
     thereafter, the Secretary of Energy shall submit to Congress 
     a report that describes--
       (A) the annual and cumulative amount of payments made by 
     the United States to the holder of a standard contract due to 
     a partial breach of contract under the Nuclear Waste Policy 
     Act of 1982 (42 U.S.C. 10101 et seq.) resulting in financial 
     damages to the holder;
       (B) the cumulative amount spent by the Department of Energy 
     since fiscal year 2008 to reduce future payments projected to 
     be made by the United States to any holder of a standard 
     contract due to a partial breach of contract under the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
       (C) the cumulative amount spent by the Department of Energy 
     to store, manage, and dispose of spent nuclear fuel and high-
     level radioactive waste in the United States as of the date 
     of the report;
       (D) the projected lifecycle costs to store, manage, 
     transport, and dispose of the projected inventory of spent 
     nuclear fuel and high-level radioactive waste in the United 
     States, including spent nuclear fuel and high-level 
     radioactive waste expected to be

[[Page S3269]]

     generated from existing reactors through 2050;
       (E) any mechanisms for better accounting of liabilities for 
     the lifecycle costs of the spent nuclear fuel and high-level 
     radioactive waste inventory in the United States;
       (F) any recommendations for improving the methods used by 
     the Department of Energy for the accounting of spent nuclear 
     fuel and high-level radioactive waste costs and liabilities;
       (G) any actions taken in the previous fiscal year by the 
     Department of Energy with respect to interim storage; and
       (H) any activities taken in the previous fiscal year by the 
     Department of Energy to develop and deploy nuclear 
     technologies and fuels that enhance the safe transportation 
     or storage of spent nuclear fuel or high-level radioactive 
     waste, including technologies to protect against seismic, 
     flooding, and other extreme weather events.
       (t) Development, Qualification, and Licensing of Advanced 
     Nuclear Fuel Concepts.--
       (1) In general.--The Commission shall establish an 
     initiative to enhance preparedness and coordination with 
     respect to the qualification and licensing of advanced 
     nuclear fuel.
       (2) Agency coordination.--Not later than 180 days after the 
     date of enactment of this Act, the Commission and the 
     Secretary of Energy shall enter into a memorandum of 
     understanding--
       (A) to share technical expertise and knowledge through--
       (i) enabling the testing and demonstration of accident 
     tolerant fuels for existing commercial nuclear reactors and 
     advanced nuclear reactor fuel concepts to be proposed and 
     funded, in whole or in part, by the private sector;
       (ii) operating a database to store and share data and 
     knowledge relevant to nuclear science and engineering between 
     Federal agencies and the private sector;
       (iii) leveraging expertise with respect to safety analysis 
     and research relating to advanced nuclear fuel; and
       (iv) enabling technical staff to actively observe and learn 
     about technologies, with an emphasis on identification of 
     additional information needed with respect to advanced 
     nuclear fuel; and
       (B) to ensure that--
       (i) the Department of Energy has sufficient technical 
     expertise to support the timely research, development, 
     demonstration, and commercial application of advanced nuclear 
     fuel;
       (ii) the Commission has sufficient technical expertise to 
     support the evaluation of applications for licenses, permits, 
     and design certifications and other requests for regulatory 
     approval for advanced nuclear fuel;
       (iii)(I) the Department of Energy maintains and develops 
     the facilities necessary to enable the timely research, 
     development, demonstration, and commercial application by the 
     civilian nuclear industry of advanced nuclear fuel; and
       (II) the Commission has access to the facilities described 
     in subclause (I), as needed; and
       (iv) the Commission consults, as appropriate, with the 
     modeling and simulation experts at the Office of Nuclear 
     Energy of the Department of Energy, at the National 
     Laboratories, and within industry fuel vendor teams in 
     cooperative agreements with the Department of Energy to 
     leverage physics-based computer modeling and simulation 
     capabilities.
       (3) Report.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report describing the 
     efforts of the Commission under paragraph (1), including--
       (i) an assessment of the preparedness of the Commission to 
     review and qualify for use--

       (I) accident tolerant fuel;
       (II) ceramic cladding materials;
       (III) fuels containing silicon carbide;
       (IV) high-assay, low-enriched uranium fuels;
       (V) molten-salt based liquid fuels;
       (VI) fuels derived from spent nuclear fuel or depleted 
     uranium; and
       (VII) other related fuel concepts, as determined by the 
     Commission;

       (ii) activities planned or undertaken under the memorandum 
     of understanding described in paragraph (2);
       (iii) an accounting of the areas of research needed with 
     respect to advanced nuclear fuel; and
       (iv) any other challenges or considerations identified by 
     the Commission.
       (B) Consultation.--In developing the report under 
     subparagraph (A), the Commission shall seek input from--
       (i) the Secretary of Energy;
       (ii) National Laboratories;
       (iii) the nuclear energy industry;
       (iv) technology developers;
       (v) nongovernmental organizations; and
       (vi) other public stakeholders.
       (u) Mission Alignment.--
       (1) Update.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall, while remaining 
     consistent with the policies of the Atomic Energy Act of 1954 
     (42 U.S.C. 2011 et seq.) and the Energy Reorganization Act of 
     1974 (42 U.S.C. 5801 et seq.) (including to provide 
     reasonable assurance of adequate protection of the public 
     health and safety, to promote the common defense and 
     security, and to protect the environment), update the mission 
     statement of the Commission to include that licensing and 
     regulation of the civilian use of radioactive materials and 
     nuclear energy be conducted in a manner that is efficient and 
     does not unnecessarily limit--
       (A) the civilian use of radioactive materials and 
     deployment of nuclear energy; or
       (B) the benefits of civilian use of radioactive materials 
     and nuclear energy technology to society.
       (2) Report.--On completion of the update to the mission 
     statement required under paragraph (1), the Commission shall 
     submit to the appropriate committees of Congress a report 
     that describes--
       (A) the updated mission statement; and
       (B) the guidance that the Commission will provide to staff 
     of the Commission to ensure effective performance of the 
     mission of the Commission.
       (v) Strengthening the NRC Workforce.--
       (1) Commission workforce.--
       (A) General authority.--The Atomic Energy Act of 1954 (42 
     U.S.C. 2011 et seq.) is amended by inserting after section 
     161A the following:

     ``SEC. 161B. COMMISSION WORKFORCE.

       ``(a) Direct Hire Authority.--
       ``(1) In general.--Notwithstanding section 161 d. of this 
     Act and any provision of Reorganization Plan No. 1 of 1980 
     (94 Stat. 3585; 5 U.S.C. app.), and without regard to any 
     provision of title 5 (except section 3328), United States 
     Code, governing appointments in the civil service, the 
     Chairman of the Nuclear Regulatory Commission (in this 
     section referred to as the `Chairman') may, in order to carry 
     out the Nuclear Regulatory Commission's (in this section 
     referred to as the `Commission') responsibilities and 
     activities in a timely, efficient, and effective manner and 
     subject to the limitations described in paragraphs (2), (3), 
     and (4)--
       ``(A) recruit and directly appoint exceptionally well-
     qualified individuals into the excepted service for covered 
     positions; and
       ``(B) establish in the excepted service term-limited 
     covered positions and recruit and directly appoint 
     exceptionally well-qualified individuals into such term-
     limited covered positions, which may not exceed a term of 4 
     years.
       ``(2) Limitations.--
       ``(A) Number.--
       ``(i) In general.--The number of exceptionally well-
     qualified individuals serving in covered positions pursuant 
     to paragraph (1)(A) may not exceed 210 at any one time.
       ``(ii) Term-limited covered positions.--The Chairman may 
     not appoint more than 20 exceptionally well-qualified 
     individuals into term-limited covered positions pursuant to 
     paragraph (1)(B) during any fiscal year.
       ``(B) Compensation.--
       ``(i) Annual rate.--The annual basic rate of pay for any 
     individual appointed under paragraph (1)(A) or paragraph 
     (1)(B) may not exceed the annual basic rate of pay for level 
     III of the Executive Schedule under section 5314 of title 5, 
     United States Code.
       ``(ii) Experience and qualifications.--Any individual 
     recruited and directly appointed into a covered position or a 
     term-limited covered position shall be compensated at a rate 
     of pay that is commensurate with such individual's experience 
     and qualifications.
       ``(C) Senior executive service position.--The Chairman may 
     not, under paragraph (1)(A) or paragraph (1)(B), appoint 
     exceptionally well-qualified individuals to any Senior 
     Executive Service position, as defined in section 3132 of 
     title 5, United States Code.
       ``(3) Level of positions.--To the extent practicable, in 
     carrying out paragraph (1) the Chairman shall recruit and 
     directly appoint exceptionally well-qualified individuals 
     into the excepted service to entry, mid, and senior level 
     covered positions, including term-limited covered positions.
       ``(4) Consideration of future workforce needs.--When 
     recruiting and directly appointing exceptionally well-
     qualified individuals to covered positions pursuant to 
     paragraph (1)(A), to maintain sufficient flexibility under 
     the limitations of paragraph (2)(A)(i), the Chairman shall 
     consider the future workforce needs of the Commission to 
     carry out its responsibilities and activities in a timely, 
     efficient, and effective manner.
       ``(b) Addressing Insufficient Compensation of Employees and 
     Other Personnel of the Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Chairman may fix the compensation for employees or 
     other personnel serving in a covered position without regard 
     to any provision of title 5, United States Code, governing 
     General Schedule classification and pay rates.
       ``(2) Applicability.--The authority under this subsection 
     to fix the compensation of employees or other personnel shall 
     apply with respect to an employee or other personnel serving 
     in a covered position regardless of when the employee or 
     other personnel was hired.
       ``(3) Limitations on compensation.--
       ``(A) Annual rate.--The Chairman may not use the authority 
     under paragraph (1) to fix the compensation of employees or 
     other personnel--
       ``(i) at an annual rate of basic pay higher than the annual 
     basic rate of pay for level III of the Executive Schedule 
     under section 5314 of title 5, United States Code; or
       ``(ii) at an annual rate of basic pay that is not 
     commensurate with such an employee or other personnel's 
     experience and qualifications.

[[Page S3270]]

       ``(B) Senior executive service positions.--The Chairman may 
     not use the authority under paragraph (1) to fix the 
     compensation of an employee serving in a Senior Executive 
     Service position, as defined in section 3132 of title 5, 
     United States Code.
       ``(c) Additional Compensation Authority.--
       ``(1) For new employees.--The Chairman may pay an 
     individual recruited and directly appointed under subsection 
     (a) a 1-time hiring bonus in an amount not to exceed $25,000.
       ``(2) For existing employees.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), an 
     employee or other personnel who the Chairman determines 
     exhibited exceptional performance in a fiscal year may be 
     paid a performance bonus in an amount not to exceed the least 
     of--
       ``(i) $25,000; and
       ``(ii) the amount of the limitation that is applicable for 
     a calendar year under section 5307(a)(1) of title 5, United 
     States Code.
       ``(B) Exceptional performance.--Exceptional performance 
     under subparagraph (A) includes--
       ``(i) leading a project team in a timely and efficient 
     licensing review to enable the safe use of nuclear 
     technology;
       ``(ii) making significant contributions to a timely and 
     efficient licensing review to enable the safe use of nuclear 
     technology;
       ``(iii) the resolution of novel or first-of-a-kind 
     regulatory issues;
       ``(iv) developing or implementing licensing or regulatory 
     oversight processes to improve the effectiveness of the 
     Commission; and
       ``(v) other performance, as determined by the Chairman.
       ``(C) Limitations.--
       ``(i) Subsequent bonuses.--Any person who receives a 
     performance bonus under subparagraph (A) may not receive 
     another performance bonus under that subparagraph for a 
     period of 5 years thereafter.
       ``(ii) Hiring bonuses.--Any person who receives a 1-time 
     hiring bonus under paragraph (1) may not receive a 
     performance bonus under subparagraph (A) unless more than one 
     year has elapsed since the payment of such 1-time hiring 
     bonus.
       ``(iii) No bonus for senior executive service positions.--
     No person serving in a Senior Executive Service position, as 
     defined in section 3132 of title 5, United States Code, may 
     receive a performance bonus under subparagraph (A).
       ``(d) Implementation Plan and Report.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Chairman shall develop and 
     implement a plan to carry out this section. Before 
     implementing such plan, the Chairman shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives, the Committee on Environment and Public 
     Works of the Senate, and the Office of Personnel Management a 
     report on the details of the plan.
       ``(2) Report content.--The report submitted under paragraph 
     (1) shall include--
       ``(A) evidence and supporting documentation justifying the 
     plan; and
       ``(B) budgeting projections on costs and benefits resulting 
     from the plan.
       ``(3) Consultation.--The Chairman may consult with the 
     Office of Personnel Management, the Office of Management and 
     Budget, and the Comptroller General of the United States in 
     developing the plan under paragraph (1).
       ``(e) Delegation.--The Chairman shall delegate, subject to 
     the direction and supervision of the Chairman, the authority 
     provided by subsections (a), (b), and (c) to the Executive 
     Director for Operations of the Commission.
       ``(f) Information on Hiring, Vacancies, and Compensation.--
       ``(1) In general.--The Commission shall include in its 
     budget materials submitted in support of the budget of the 
     President (submitted to Congress pursuant to section 1105 of 
     title 31, United States Code), for fiscal year 2026 and each 
     fiscal year thereafter, information relating to hiring, 
     vacancies, and compensation at the Commission.
       ``(2) Inclusions.--The information described in paragraph 
     (1) shall include--
       ``(A) an analysis of any trends with respect to hiring, 
     vacancies, and compensation at the Commission;
       ``(B) a description of the efforts to retain and attract 
     employees or other personnel to serve in covered positions at 
     the Commission;
       ``(C) information that describes--
       ``(i) how the authority provided by subsection (a) is being 
     used to address the hiring needs of the Commission;
       ``(ii) the total number of exceptionally well-qualified 
     individuals serving in--

       ``(I) covered positions described in subsection (g)(1) 
     pursuant to subsection (a)(1)(A);
       ``(II) covered positions described in subsection (g)(2) 
     pursuant to subsection (a)(1)(A);
       ``(III) term-limited covered positions described in 
     subsection (g)(1) pursuant to subsection (a)(1)(B); and
       ``(IV) term-limited covered positions described in 
     subsection (g)(2) pursuant to subsection (a)(1)(B);

       ``(iii) how the authority provided by subsection (b) is 
     being used to address the hiring or retention needs of the 
     Commission;
       ``(iv) the total number of employees or other personnel 
     serving in a covered position that have their compensation 
     fixed pursuant to subsection (b); and
       ``(v) the attrition levels with respect to term-limited 
     covered positions appointed under subsection (a)(1)(B), 
     including the number of individuals leaving a term-limited 
     covered position before completion of the applicable term of 
     service and the average length of service for such 
     individuals as a percentage of the applicable term of 
     service; and
       ``(D) an assessment of--
       ``(i) the current critical workforce needs of the 
     Commission and any critical workforce needs that the 
     Commission anticipates in the next five years; and
       ``(ii) additional skillsets that are or likely will be 
     needed for the Commission to fulfill the licensing and 
     oversight responsibilities of the Commission.
       ``(g) Covered Position.--In this section, the term `covered 
     position' means--
       ``(1) a position in which an employee or other personnel is 
     responsible for conducting work of a highly-specialized 
     scientific, technical, engineering, mathematical, or 
     otherwise skilled nature to address a critical licensing or 
     regulatory oversight need for the Commission; or
       ``(2) a position that the Executive Director for Operations 
     of the Commission determines is necessary to fulfill the 
     responsibilities of the Commission in a timely, efficient, 
     and effective manner.
       ``(h) Sunset.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     authorities provided by subsections (a) and (b) shall 
     terminate on September 30, 2034.
       ``(2) Certification.--If, no later than the date referenced 
     in paragraph (1), the Commission issues a certification that 
     the authorities provided by subsection (a), subsection (b), 
     or both subsections are necessary for the Commission to carry 
     out its responsibilities and activities in a timely, 
     efficient, and effective manner, the authorities provided by 
     the applicable subsection shall terminate on September 30, 
     2039.
       ``(3) Compensation.--The termination of the authorities 
     provided by subsections (a) and (b) shall not affect the 
     compensation of an employee or other personnel serving in a 
     covered position whose compensation was fixed by the Chairman 
     in accordance with subsection (a) or (b).''.
       (B) Table of contents.--The table of contents of the Atomic 
     Energy Act of 1954 is amended by inserting after the item 
     relating to section 161 the following:

``Sec. 161A. Use of firearms by security personnel.
``Sec. 161B. Commission workforce.''.
       (2) Government accountability office report.--Not later 
     than September 30, 2033, the Comptroller General of the 
     United States shall submit to the Committee on Energy and 
     Commerce and the Committee on Oversight and Accountability of 
     the House of Representatives and the Committee on Environment 
     and Public Works and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report that--
       (A) evaluates the extent to which the authorities provided 
     under subsections (a), (b), and (c) of section 161B of the 
     Atomic Energy Act of 1954 (as added by this Act) have been 
     utilized;
       (B) describes the role in which the exceptionally well-
     qualified individuals recruited and directly appointed 
     pursuant to section 161B(a) of the Atomic Energy Act of 1954 
     (as added by this Act) have been utilized to support the 
     licensing of advanced nuclear reactors;
       (C) assesses the effectiveness of the authorities provided 
     under subsections (a), (b), and (c) of section 161B of the 
     Atomic Energy Act of 1954 (as added by this Act) in helping 
     the Commission fulfill its mission;
       (D) makes recommendations to improve the Commission's 
     strategic workforce management; and
       (E) makes recommendations with respect to whether Congress 
     should extend, enhance, modify, or discontinue the 
     authorities provided under subsections (a), (b), and (c) of 
     section 161B of the Atomic Energy Act of 1954 (as added by 
     this Act).
       (3) Annual solicitation for nuclear regulator 
     apprenticeship network applications.--The Commission, on an 
     annual basis, shall solicit applications for the Nuclear 
     Regulator Apprenticeship Network.
       (w) Commission Corporate Support Funding.--
       (1) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress and make publicly 
     available a report that describes--
       (A) the progress on the implementation of section 102(a)(3) 
     of the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(a)(3)); and
       (B) whether the Commission is meeting and is expected to 
     meet the total budget authority caps required for corporate 
     support under that section.
       (2) Limitation on corporate support costs.--Section 
     102(a)(3) of the Nuclear Energy Innovation and Modernization 
     Act (42 U.S.C. 2215(a)(3)) is amended by striking 
     subparagraphs (B) and (C) and inserting the following:
       ``(B) 30 percent for fiscal year 2025 and each fiscal year 
     thereafter.''.
       (3) Corporate support costs clarification.--Paragraph (10) 
     of section 3 of the Nuclear Energy Innovation and 
     Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) 
     (as redesignated by subsection (h)(1)(A)) is amended--

[[Page S3271]]

       (A) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (B) by adding at the end the following:
       ``(B) Exclusions.--The term `corporate support costs' does 
     not include--
       ``(i) costs for rent and utilities relating to any and all 
     space in the Three White Flint North building that is not 
     occupied by the Commission; or
       ``(ii) costs for salaries, travel, and other support for 
     the Office of the Commission.''.
       (x) Performance Metrics and Milestones.--Section 102(c) of 
     the Nuclear Energy Innovation and Modernization Act (42 
     U.S.C. 2215(c)) is amended--
       (1) in paragraph (3)--
       (A) in the paragraph heading, by striking ``180'' and 
     inserting ``90''; and
       (B) by striking ``180'' and inserting ``90''; and
       (2) by adding at the end the following:
       ``(4) Periodic updates to metrics and schedules.--
       ``(A) Review and assessment.--Not less frequently than once 
     every 3 years, the Commission shall review and assess, based 
     on the licensing and regulatory activities of the Commission, 
     the performance metrics and milestone schedules established 
     under paragraph (1).
       ``(B) Revisions.--After each review and assessment under 
     subparagraph (A), the Commission shall revise and improve, as 
     appropriate, the performance metrics and milestone schedules 
     described in that subparagraph to provide the most efficient 
     metrics and schedules reasonably achievable.''.
       (y) Nuclear Licensing Efficiency.--
       (1) Office of nuclear reactor regulation.--Section 203 of 
     the Energy Reorganization Act of 1974 (42 U.S.C. 5843) is 
     amended--
       (A) in subsection (a), by striking ``(a) There'' and 
     inserting the following:
       ``(a) Establishment; Appointment of Director.--There'';
       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``(b) Subject'' and inserting the 
     following:

       ``(b) Functions of Director.--Subject''; and

       (II) by striking ``delegate including:'' and inserting 
     ``delegate, including the following:''; and

       (ii) in paragraph (3), by striking ``for the discharge of 
     the'' and inserting ``to fulfill the licensing and regulatory 
     oversight'';
       (C) in subsection (c), by striking ``(c) Nothing'' and 
     inserting the following:
       ``(d) Responsibility for Safe Operation of Facilities.--
     Nothing''; and
       (D) by inserting after subsection (b) the following:
       ``(c) Licensing Process.--In carrying out the principal 
     licensing and regulation functions under subsection (b)(1), 
     the Director of Nuclear Reactor Regulation shall--
       ``(1) establish techniques and guidance for evaluating 
     applications for licenses for nuclear reactors to support 
     efficient, timely, and predictable reviews of applications 
     for those licenses to enable the safe and secure use of 
     nuclear reactors;
       ``(2) maintain the techniques and guidance established 
     under paragraph (1) by periodically assessing and, if 
     necessary, modifying those techniques and guidance; and
       ``(3) obtain approval from the Commission if establishment 
     or modification of the techniques and guidance under 
     paragraph (1) or (2) involves policy formulation.''.
       (2) Efficient licensing reviews.--
       (A) General.--Section 181 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2231) is amended--
       (i) by striking ``The provisions of'' and inserting the 
     following:
       ``(a) In General.--The provisions of''; and
       (ii) by adding at the end the following:
       ``(b) Efficient Licensing Reviews.--The Commission shall 
     provide for efficient and timely reviews and proceedings for 
     the granting, suspending, revoking, or amending of any--
       ``(1) license or construction permit; or
       ``(2) application to transfer control.''.
       (3) Construction permits and operating licenses.--Section 
     185 of the Atomic Energy Act of 1954 (42 U.S.C. 2235) is 
     amended by adding at the end the following:
       ``c. Application Reviews for Production and Utilization 
     Facilities of an Existing Site.--In reviewing an application 
     for an early site permit, construction permit, operating 
     license, or combined construction permit and operating 
     license for a production facility or utilization facility 
     located at the site of a production facility or utilization 
     facility licensed by the Commission, the Commission shall, to 
     the extent practicable, use information that was part of the 
     licensing basis of the licensed production facility or 
     utilization facility.''.
       (z) Modernization of Nuclear Reactor Environmental 
     Reviews.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report on the efforts of 
     the Commission to facilitate efficient, timely, and 
     predictable environmental reviews of nuclear reactor 
     applications for a license under section 103 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133), including through 
     expanded use of categorical exclusions, environmental 
     assessments, and generic environmental impact statements.
       (2) Report.--In completing the report under paragraph (1), 
     the Commission shall--
       (A) describe the actions the Commission will take to 
     implement the amendments to the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of 
     the Fiscal Responsibility Act of 2023 (Public Law 118-5; 137 
     Stat. 38);
       (B) consider--
       (i) using, through adoption, incorporation by reference, or 
     other appropriate means, categorical exclusions, 
     environmental assessments, and environmental impact 
     statements prepared by other Federal agencies to streamline 
     environmental reviews of applications described in paragraph 
     (1) by the Commission;
       (ii) using categorical exclusions, environmental 
     assessments, and environmental impact statements prepared by 
     the Commission to streamline environmental reviews of 
     applications described in paragraph (1) by the Commission;
       (iii) using mitigated findings of no significant impact in 
     environmental reviews of applications described in paragraph 
     (1) by the Commission to reduce the impact of a proposed 
     action to a level that is not significant;
       (iv) the extent to which the Commission may rely on prior 
     studies or analyses prepared by Federal, State, and local 
     governmental permitting agencies to streamline environmental 
     reviews of applications described in paragraph (1) by the 
     Commission;
       (v) opportunities to coordinate the development of 
     environmental assessments and environmental impact statements 
     with other Federal agencies to avoid duplicative 
     environmental reviews and to streamline environmental reviews 
     of applications described in paragraph (1) by the Commission;
       (vi) opportunities to streamline formal and informal 
     consultations and coordination with other Federal, State, and 
     local governmental permitting agencies during environmental 
     reviews of applications described in paragraph (1) by the 
     Commission;
       (vii) opportunities to streamline the Commission's analyses 
     of alternatives, including the Commission's analysis of 
     alternative sites, in environmental reviews of applications 
     described in paragraph (1) by the Commission;
       (viii) establishing new categorical exclusions that could 
     be applied to actions relating to new applications described 
     in paragraph (1);
       (ix) amending section 51.20(b) of title 10, Code of Federal 
     Regulations, to allow the Commission to determine, on a case-
     specific basis, whether an environmental assessment (rather 
     than an environmental impact statement or supplemental 
     environmental impact statement) is appropriate for a 
     particular application described in paragraph (1), including 
     in proceedings in which the Commission relies on a generic 
     environmental impact statement for advanced nuclear reactors;
       (x) authorizing the use of an applicant's environmental 
     impact statement as the Commission's draft environmental 
     impact statement, consistent with section 107(f) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4336a(f));
       (xi) opportunities to adopt online and digital 
     technologies, including technologies that would allow 
     applicants and cooperating agencies to upload documents and 
     coordinate with the Commission to edit documents in real 
     time, that would streamline communications between--

       (I) the Commission and applicants; and
       (II) the Commission and other relevant cooperating 
     agencies; and

       (xii) in addition to implementing measures under 
     subparagraph (C), potential revisions to part 51 of title 10, 
     Code of Federal Regulations, and relevant Commission guidance 
     documents--

       (I) to facilitate efficient, timely, and predictable 
     environmental reviews of applications described in paragraph 
     (1);
       (II) to assist decision making about relevant environmental 
     issues;
       (III) to maintain openness with the public;
       (IV) to meet obligations under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       (V) to reduce burdens on licensees, applicants, and the 
     Commission; and

       (C) include a schedule for promulgating a rule for any 
     measures considered by the Commission under clauses (i) 
     through (xi) of subparagraph (B) that require a rulemaking.
       (aa) Improving Oversight and Inspection Programs.--
       (1) Definition of licensee.--In this subsection, the term 
     ``licensee'' means a person that holds a license issued under 
     section 103 or 104 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134).
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall develop and 
     submit to the appropriate committees of Congress a report 
     that identifies specific improvements to the nuclear reactor 
     and materials oversight and inspection programs carried out 
     pursuant to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
     seq.) that the Commission may implement to maximize the 
     efficiency of such programs through, where appropriate, the 
     use of risk-informed, performance-based procedures, expanded 
     incorporation of information technologies, and staff 
     training.
       (3) Stakeholder input.--In developing the report under 
     paragraph (2), the Commission shall, as appropriate, seek 
     input from--
       (A) other Federal regulatory agencies that conduct 
     oversight and inspections;
       (B) the nuclear energy industry;
       (C) nongovernmental organizations; and
       (D) other public stakeholders.
       (4) Contents.--The report submitted under paragraph (2) 
     shall--

[[Page S3272]]

       (A) assess specific elements of oversight and inspections 
     that may be modified by the use of technology, improved 
     planning, and continually updated risk-informed, performance-
     based assessment, including--
       (i) use of travel resources;
       (ii) planning and preparation for inspections, including 
     entrance and exit meetings with licensees;
       (iii) document collection and preparation, including 
     consideration of whether nuclear reactor data are accessible 
     prior to onsite visits or requests to the licensee and that 
     document requests are timely and within the scope of 
     inspections; and
       (iv) the cross-cutting issues program;
       (B) identify and assess measures to improve oversight and 
     inspections, including--
       (i) elimination of areas of duplicative or otherwise 
     unnecessary activities;
       (ii) increased use of templates in documenting inspection 
     results; and
       (iii) periodic training of Commission staff and leadership 
     on the application of risk-informed criteria for--

       (I) inspection planning and assessments;
       (II) agency decision-making processes on the application of 
     regulations and guidance; and
       (III) the application of the Commission's standard of 
     reasonable assurance of adequate protection;

       (C) assess measures to advance risk-informed procedures, 
     including--
       (i) increased use of inspection approaches that balance the 
     level of resources commensurate with safety significance;
       (ii) increased review of the use of inspection program 
     resources based on licensee performance;
       (iii) expansion of modern information technology, including 
     artificial intelligence and machine learning, to risk-inform 
     oversight and inspection decisions; and
       (iv) updating the Differing Professional Views or Opinions 
     process to ensure any impacts on agency decisions and 
     schedules are commensurate with the safety significance of 
     the differing opinion;
       (D) assess the ability of the Commission, consistent with 
     the mission of the Commission, to enable licensee innovations 
     that may advance nuclear reactor operational efficiency and 
     safety, including the criteria of the Commission for timely 
     acceptance of licensee adoption of advanced technologies, 
     including digital technologies;
       (E) identify recommendations resulting from the assessments 
     described in subparagraphs (A) through (D);
       (F) identify specific actions that the Commission may take 
     to incorporate into the training, inspection, oversight, and 
     licensing activities, and regulations, of the Commission, 
     without compromising the mission of the Commission, the 
     recommendations identified under subparagraph (E); and
       (G) describe when the actions identified under subparagraph 
     (F) may be implemented.
       (bb) Technical Correction.--Section 104 c. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2134(c)) is amended--
       (1) by striking the third sentence and inserting the 
     following:
       ``(3) Limitation on utilization facilities.--The Commission 
     may issue a license under this section for a utilization 
     facility useful in the conduct of research and development 
     activities of the types specified in section 31 if--
       ``(A) not more than 75 percent of the annual costs to the 
     licensee of owning and operating the facility are devoted to 
     the sale, other than for research and development or 
     education and training, of--
       ``(i) nonenergy services;
       ``(ii) energy; or
       ``(iii) a combination of nonenergy services and energy; and
       ``(B) not more than 50 percent of the annual costs to the 
     licensee of owning and operating the facility are devoted to 
     the sale of energy.'';
       (2) in the second sentence, by striking ``The Commission'' 
     and inserting the following:
       ``(2) Regulation.--The Commission''; and
       (3) by striking ``c. The Commission'' and inserting the 
     following:
       ``c. Research and Development Activities.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Commission''.
       (cc) Report on Engagement With the Government of Canada 
     With Respect to Nuclear Waste Issues in the Great Lakes 
     Basin.--Not later than 1 year after the date of enactment of 
     this Act, the Commission shall submit to the appropriate 
     committees of Congress, the Committee on Foreign Relations of 
     the Senate, the Committee on Energy and Natural Resources of 
     the Senate, and the Committee on Foreign Affairs of the House 
     of Representatives a report describing any engagement between 
     the Commission and the Government of Canada with respect to 
     nuclear waste issues in the Great Lakes Basin.
       (dd) Savings Clause.--Nothing in this section affects 
     authorities of the Department of State.
                                 ______
                                 
  SA 1925. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. CHILD LAP SEATING.

       Notwithstanding any other provision of law, in any 
     operation of a civil aircraft in the United States, a person 
     may be held by an adult who is occupying a seat or berth 
     approved by the Administrator, provided that the person being 
     held has not reached his or her second birthday and does not 
     occupy or use any restraining device.
                                 ______
                                 
  SA 1926. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
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 AMOUNTS TO PROCESS OR 
                   ADMINISTER ANY APPLICATION FOR THE JOINT USE OF 
                   HOMESTEAD AIR RESERVE BASE WITH CIVIL AVIATION.

       No amounts appropriated or otherwise made available to the 
     Federal Aviation Administration for fiscal years 2024 through 
     2028 may be used to process or administer any application for 
     the joint use of Homestead Air Reserve Base, Homestead, 
     Florida, by the Air Force and civil aircraft.
                                 ______
                                 
  SA 1927. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL 
                   STOCKHOLDERS.

       (a) In General.--Section 16(a)(1) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78p(a)(1)) is amended by 
     inserting ``(including any such security of a foreign private 
     issuer, as that term is defined in section 240.3b-4 of title 
     17, Code of Federal Regulations, or any successor 
     regulation)'' after ``pursuant to section 12''.
       (b) Effect on Regulation.--If any provision of section 
     240.3a12-3(b) of title 17, Code of Federal Regulations, or 
     any successor regulation, is inconsistent with the amendment 
     made by subsection (a), that provision of such section 
     240.3a12-3(b) (or such successor) shall have no force or 
     effect.
       (c) Issuance or Amendment of Regulations.--Not later than 
     90 days after the date of enactment of this Act, the 
     Securities and Exchange Commission shall issue final 
     regulations (or amend existing regulations of the Commission) 
     to carry out the amendment made by subsection (a).
                                 ______
                                 
  SA 1928. Mr. WHITEHOUSE (for himself and Mr. Cassidy) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

  TITLE XIV--REINVESTING IN SHORELINE ECONOMIES AND ECOSYSTEMS ACT OF 
                                  2024

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Reinvesting In Shoreline 
     Economies and Ecosystems Act of 2024'' or the ``RISEE Act of 
     2024''.

     SEC. 1402. NATIONAL OCEANS AND COASTAL SECURITY FUND; PARITY 
                   IN OFFSHORE WIND REVENUE SHARING.

       (a) Definitions in the National Oceans and Coastal Security 
     Act.--Section 902 of the National Oceans and Coastal Security 
     Act (16 U.S.C. 7501) is amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5) Indian tribe.--The term `Indian tribe' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304).''; and
       (2) by striking paragraph (7) and inserting the following:
       ``(7) Tidal shoreline.--The term `tidal shoreline' means 
     the length of tidal shoreline or Great Lake shoreline based 
     on the most recently available data from or accepted by the 
     Office of Coast Survey of the National Oceanic and 
     Atmospheric Administration.''.
       (b) National Oceans and Coastal Security Fund.--Section 904 
     of the National

[[Page S3273]]

     Oceans and Coastal Security Act (16 U.S.C. 7503) is amended--
       (1) in subsection (a), by inserting ``and manage'' after 
     ``establish'';
       (2) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--The Fund shall consist of such amounts 
     as--
       ``(A) are deposited in the Fund under subparagraph 
     (C)(ii)(II) of section 8(p)(2) of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1337(p)(2)); and
       ``(B) are appropriated or otherwise made available for the 
     Fund.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Expenditure.--
       ``(1) $34,000,000 or less.--If $34,000,000 or less is 
     deposited in, or appropriated or otherwise made available 
     for, the Fund for a fiscal year, in that fiscal year--
       ``(A) not more than 5 percent of such amounts may be used 
     by the Administrator and the Foundation for administrative 
     expenses to carry out this title; and
       ``(B) any remaining amounts shall be used only for the 
     award of grants under section 906(c).
       ``(2) More than $34,000,000.--If more than $34,000,000 is 
     deposited in, or appropriated or otherwise made available 
     for, the Fund for a fiscal year, in that fiscal year--
       ``(A) not more than 5 percent of such amounts may be used 
     by the Administrator and the Foundation for administrative 
     expenses to carry out this title;
       ``(B) not less than $34,000,000 shall be used for the award 
     of grants under section 906(c); and
       ``(C) of any amounts exceeding $34,000,000--
       ``(i) not more than 75 percent may be used for the award of 
     grants under section 906(b); and
       ``(ii) not more than 20 percent may be used for the award 
     of grants under section 906(c).
       ``(3) Division of amounts for administrative expenses.--The 
     amounts referred to in paragraphs (1)(A) and (2)(A) shall be 
     divided between the Administrator and the Foundation pursuant 
     to an agreement reached and documented by both the 
     Administrator and the Foundation.''; and
       (4) in subsection (e)(2), by striking ``section 906(a)(1)'' 
     and inserting ``section 906(a)''.
       (c) Eligible Uses of Amounts in the National Oceans and 
     Coastal Security Fund.--Section 905 of the National Oceans 
     and Coastal Security Act (16 U.S.C. 7504) is amended to read 
     as follows:

     ``SEC. 905. ELIGIBLE USES.

       ``(a) In General.--Amounts in the Fund may be allocated by 
     the Administrator under section 906(b) and the Foundation, in 
     consultation with the Administrator, under section 906(c) to 
     support programs and activities intended to improve 
     understanding and use of ocean and coastal resources and 
     coastal infrastructure.
       ``(b) Programs and Activities.--The programs and activities 
     referred to in subsection (a) may include scientific research 
     related to changing environmental conditions, ocean observing 
     projects, efforts to enhance resiliency of infrastructure and 
     communities (including project planning and design), habitat 
     protection and restoration, monitoring and reducing damage to 
     natural resources and marine life (including birds, marine 
     mammals, and fish), and efforts to support sustainable 
     seafood production carried out by States, local governments, 
     Indian tribes, regional and interstate collaboratives (such 
     as regional ocean partnerships), nongovernmental 
     organizations, public-private partnerships, and academic 
     institutions.
       ``(c) Prohibition on Use of Funds for Litigation or Other 
     Purposes.--No funds made available under this title may be 
     used--
       ``(1) to fund litigation against the Federal Government; or
       ``(2) to fund the creation of national marine monuments, 
     marine protected areas, or marine spatial plans.''.
       (d) Grants Under the National Oceans and Coastal Security 
     Act.--Section 906 of the National Oceans and Coastal Security 
     Act (16 U.S.C. 7505) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) by striking ``(a) Administration of Grants.--'' and all 
     that follows through ``the following:'' and inserting the 
     following:
       ``(a) Administration of Grants.--Not later than 90 days 
     after funds are deposited in the Fund and made available to 
     the Administrator and the Foundation for administrative 
     purposes, the Administrator and the Foundation shall 
     establish the following:'';
       (C) in subparagraph (A), by striking ``such subsections'' 
     and inserting ``this section'';
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Selection procedures and criteria for the awarding of 
     grants under this section that require consultation with the 
     Administrator and the Secretary of the Interior.'';
       (E) in subparagraph (C), by striking clause (ii) and 
     inserting the following:
       ``(ii) under subsection (c) to entities including States, 
     local governments, Indian tribes, regional and interstate 
     collaboratives (such as regional ocean partnerships), 
     nongovernmental organizations, public-private partnerships, 
     and academic institutions.'';
       (F) in subparagraph (D), by striking ``Performance 
     accountability and monitoring'' and inserting ``Performance, 
     accountability, and monitoring'';
       (G) by redesignating subparagraphs (A) through (H) as 
     paragraphs (1) through (8), respectively, and moving such 
     paragraphs, as so redesignated, 2 ems to the left; and
       (H) in paragraph (3), as so redesignated, by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and moving such subparagraphs, as so 
     redesignated, 2 ems to the left;
       (2) by striking subsection (b) and inserting the following:
       ``(b) Grants to Coastal States.--
       ``(1) In general.--The Administrator shall award grants to 
     coastal States as follows:
       ``(A) 70 percent of available amounts shall be allocated 
     equally among coastal States.
       ``(B) 15 percent of available amounts shall be allocated on 
     the basis of the ratio of tidal shoreline in a coastal State 
     to the tidal shoreline of all coastal States.
       ``(C) 15 percent of available amounts shall be allocated on 
     the basis of the ratio of population density of the coastal 
     counties of a coastal State to the average population density 
     of all coastal counties based on the most recent data 
     available from the Bureau of the Census.
       ``(2) Maximum allocation to states.--Notwithstanding 
     paragraph (1), not more than 5 percent of the total funds 
     distributed under this subsection may be allocated to any 
     single coastal State. Any amount exceeding that limitation 
     shall be redistributed equally among the remaining coastal 
     States.
       ``(3) Optional matching funds.--Each entity seeking to 
     receive a grant under this subsection is encouraged, but not 
     required, to demonstrate that funds of any amount are 
     available from non-Federal sources to supplement the amount 
     of the grant.''; and
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``The Administrator and 
     the Foundation'' and inserting ``The Foundation, in 
     consultation with the Administrator,''; and
       (B) by adding at the end the following:
       ``(3) Exclusion of funds from limitation.--The amount of a 
     grant awarded under this subsection shall not count toward 
     the limitation under subsection (b)(2) on funding to coastal 
     States through grants awarded under subsection (b).''.
       (e) Annual Report on Operation of the National Oceans and 
     Coastal Security Fund.--Section 907(a) of the National Oceans 
     and Coastal Security Act (16 U.S.C. 7506(a)) is amended by 
     striking ``Subject to'' and all that follows through ``the 
     Foundation'' and inserting the following: ``Not later than 60 
     days after the end of each fiscal year, the Administrator and 
     the Foundation''.
       (f) Repeal of Authorization of Appropriations for Fiscal 
     Years 2017, 2018, and 2019.--Section 908 of the National 
     Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed.
       (g) Parity in Offshore Wind Revenue Sharing.--Section 
     8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1337(p)(2)) is amended--
       (1) in subparagraph (A), by striking ``(A) The Secretary'' 
     and inserting the following:
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Secretary'';
       (2) in subparagraph (B), by striking ``(B) The Secretary'' 
     and inserting the following:
       ``(B) Disposition of revenues for projects located within 3 
     nautical miles seaward of state submerged land.--The 
     Secretary''; and
       (3) by adding at the end the following:
       ``(C) Disposition of revenues for offshore wind projects in 
     certain areas.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered offshore wind project.--The term `covered 
     offshore wind project' means a wind-powered electric 
     generation project in a lease area on the outer Continental 
     Shelf that is not wholly or partially located within an area 
     subject to subparagraph (B).
       ``(II) Eligible state.--The term `eligible State' means a 
     State a point on the coastline of which is located within 75 
     miles of the geographic center of a lease tract lying wholly 
     or partly within the area of the applicable covered offshore 
     wind project.

       ``(ii) Requirement.--Of the operating fees, rentals, 
     bonuses, royalties, and other payments that are paid to the 
     Secretary under subparagraph (A) from covered offshore wind 
     projects carried out under a lease entered into on or after 
     January 1, 2022--

       ``(I) 50 percent shall be deposited in the Treasury and 
     credited to miscellaneous receipts;
       ``(II) 12.5 percent shall be deposited in the National 
     Oceans and Coastal Security Fund established under section 
     904(a) of the National Oceans and Coastal Security Act (16 
     U.S.C. 7503(a)); and
       ``(III) 37.5 percent shall be deposited in a special 
     account in the Treasury, from which the Secretary shall 
     disburse to each eligible State an amount (based on a formula 
     established by the Secretary of the Interior by rulemaking 
     not later than 180 days after the date of enactment of the 
     Reinvesting In Shoreline Economies and Ecosystems Act of 
     2024) that is inversely proportional to the respective 
     distances between--

       ``(aa) the point on the coastline of each eligible State 
     that is closest to the geographic center of the applicable 
     leased tract; and
       ``(bb) the geographic center of the leased tract.
       ``(iii) Timing.--The amounts required to be deposited under 
     subclause (III) of clause (ii) for the applicable fiscal year 
     shall be made available in accordance with that item during 
     the fiscal year immediately following the applicable fiscal 
     year.
       ``(iv) Authorized uses.--

       ``(I) In general.--Subject to subclause (II), each State 
     shall use all amounts received

[[Page S3274]]

     under clause (ii)(III) in accordance with all applicable 
     Federal and State laws, only for 1 or more of the following 
     purposes:

       ``(aa) Projects and activities for the purposes of coastal 
     protection, including conservation, coastal restoration, 
     hurricane protection, and infrastructure directly affected by 
     coastal wetland losses.
       ``(bb) Mitigation of damage to fish, wildlife, or natural 
     resources, including through fisheries science and research.
       ``(cc) Implementation of a federally approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(dd) Mitigation of the impact of outer Continental Shelf 
     activities through the funding of onshore infrastructure 
     projects, on the condition that the projects are not 
     primarily for entertainment purposes.
       ``(ee) Planning assistance and the administrative costs of 
     complying with this section.

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

       ``(v) Administration.--Subject to clause (vi)(III), amounts 
     made available under clause (ii) shall--

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

       ``(vi) Reporting requirement for fiscal year 2023 and 
     thereafter.--

       ``(I) In general.--Beginning with fiscal year 2023, not 
     later than 180 days after the end of each fiscal year, each 
     eligible State that receives amounts under clause (ii)(III) 
     for the applicable fiscal year shall submit to the Secretary 
     a report that describes the use of the amounts by the 
     eligible State during the period covered by the report.
       ``(II) Public availability.--On receipt of a report under 
     subclause (I), the Secretary shall make the report available 
     to the public on the website of the Department of the 
     Interior.
       ``(III) Limitation.--If an eligible State that receives 
     amounts under clause (ii)(III) for the applicable fiscal year 
     fails to submit the report required under subclause (I) by 
     the deadline specified in that subclause, any amounts that 
     would otherwise be provided to the eligible State under 
     clause (ii)(III) for the succeeding fiscal year shall be 
     withheld for the succeeding fiscal year until the date on 
     which the report is submitted.
       ``(IV) Contents of report.--Each report required under 
     subclause (I) shall include, for each project funded in whole 
     or in part using amounts received under clause (ii)(III)--

       ``(aa) the name and description of the project;
       ``(bb) the amount received under clause (ii)(III) that is 
     allocated to the project; and
       ``(cc) a description of how each project is consistent with 
     the authorized uses under clause (iv)(I).

       ``(V) Clarification.--Nothing in this clause--

       ``(aa) requires or provides authority for the Secretary to 
     delay, modify, or withhold payment under clause (ii)(III), 
     other than for failure to submit a report as required under 
     this clause;
       ``(bb) requires or provides authority for the Secretary to 
     review or approve uses of funds reported under this clause;
       ``(cc) requires or provides authority for the Secretary to 
     approve individual projects that receive funds reported under 
     this clause;
       ``(dd) requires an eligible State to obtain the approval 
     of, or review by, the Secretary prior to spending funds 
     disbursed under clause (ii)(III);
       ``(ee) requires or provides authority for the Secretary to 
     issue guidance relating to the contents of, or to determine 
     the completeness of, the report required under this clause;
       ``(ff) requires an eligible State to obligate or expend 
     funds by a certain date; or
       ``(gg) requires or provides authority for the Secretary to 
     request an eligible State to return unobligated funds.''.

     SEC. 1403. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES.

       (a) Authorized Uses.--Section 105(d)(1)(D) of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is amended by inserting ``, on the 
     condition that the projects are not primarily for 
     entertainment purposes'' after ``infrastructure projects''.
       (b) Administration.--Section 105(e) of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432) is amended, in the matter preceding paragraph (1), 
     by striking ``Amounts'' and inserting ``Subject to subsection 
     (g)(3), amounts''.
       (c) Elimination of Limitation on Amount of Distributed 
     Qualified Outer Continental Shelf Revenues.--Section 105(f) 
     of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 
     1331 note; Public Law 109-432) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C); and
       (2) in paragraph (2), by striking ``2055'' and inserting 
     ``2022''.
       (d) Reporting Requirements.--Section 105 of the Gulf of 
     Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432) is amended by adding at the end the 
     following:
       ``(g) Reporting Requirement for Fiscal Year 2023 and 
     Thereafter.--
       ``(1) In general.--Beginning with fiscal year 2023, not 
     later than 180 days after the end of each fiscal year, each 
     Gulf producing State that receives amounts under subsection 
     (a)(2)(A) for the applicable fiscal year shall submit to the 
     Secretary a report that describes the use of the amounts by 
     the Gulf producing State during the period covered by the 
     report.
       ``(2) Public availability.--On receipt of a report under 
     paragraph (1), the Secretary shall make the report available 
     to the public on the website of the Department of the 
     Interior.
       ``(3) Limitation.--If a Gulf producing State that receives 
     amounts under subsection (a)(2)(A) for the applicable fiscal 
     year fails to submit the report required under paragraph (1) 
     by the deadline specified in that paragraph, any amounts that 
     would otherwise be provided to the Gulf producing State under 
     subsection (a)(2)(A) for the succeeding fiscal year shall be 
     withheld for the succeeding fiscal year until the date on 
     which the report is submitted.
       ``(4) Contents of report.--Each report required under 
     paragraph (1) shall include, for each project funded in whole 
     or in part using amounts received under subsection 
     (a)(2)(A)--
       ``(A) the name and description of the project;
       ``(B) the amount received under subsection (a)(2)(A) that 
     is allocated to the project; and
       ``(C) a description of how each project is consistent with 
     the authorized uses under subsection (d)(1).
       ``(5) Clarification.--Nothing in this clause--
       ``(A) requires or provides authority for the Secretary to 
     delay, modify, or withhold payment under subsection 
     (a)(2)(A), other than for failure to submit a report as 
     required under this subsection;
       ``(B) requires or provides authority for the Secretary to 
     review or approve uses of funds reported under this 
     subsection;
       ``(C) requires or provides authority for the Secretary to 
     approve individual projects that receive funds reported under 
     this subsection;
       ``(D) requires a Gulf producing State to obtain the 
     approval of, or review by, the Secretary prior to spending 
     funds disbursed under subsection (a)(2)(A);
       ``(E) requires or provides authority for the Secretary to 
     issue guidance relating to the contents of, or to determine 
     the completeness of, the report required under this 
     subsection;
       ``(F) requires a Gulf producing State to obligate or expend 
     funds by a certain date; or
       ``(G) requires or provides authority for the Secretary to 
     request a Gulf producing State to return unobligated 
     funds.''.

     SEC. 1404. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE 
                   MINERAL LEASING ACT.

       (a) In General.--Section 35 of the Mineral Leasing Act (30 
     U.S.C. 191) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``and, subject to the provisions of subsection (b),'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (4) in paragraph (3)(B)(ii) of subsection (b) (as so 
     redesignated), by striking ``subsection (d)'' and inserting 
     ``subsection (c)''; and
       (5) in paragraph (3)(A)(ii) of subsection (c) (as so 
     redesignated), by striking ``subsection (c)(2)(B)'' and 
     inserting ``subsection (b)(2)(B)''.
       (b) Conforming Amendments.--
       (1) Section 6(a) of the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 355(a)) is amended--
       (A) in the first sentence, by striking ``Subject to the 
     provisions of section 35(b) of the Mineral Leasing Act (30 
     U.S.C. 191(b)), all'' and inserting ``All''; and
       (B) in the second sentence, by striking ``of the Act of 
     February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),'' and 
     inserting ``of the Mineral Leasing Act (30 U.S.C. 191)''.
       (2) Section 20(a) of the Geothermal Steam Act of 1970 (30 
     U.S.C. 1019(a)) is amended, in the second sentence of the 
     matter preceding paragraph (1), by striking ``the provisions 
     of subsection (b) of section 35 of the Mineral Leasing Act 
     (30 U.S.C. 191(b)) and section 5(a)(2) of this Act'' and 
     inserting ``section 5(a)(2)''.
       (3) Section 205(f) of the Federal Oil and Gas Royalty 
     Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
       (A) in the first sentence, by striking ``this Section'' and 
     inserting ``this section''; and
       (B) by striking the fourth, fifth, and sixth sentences.
                                 ______
                                 
  SA 1929. Mr. HAGERTY submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORTS TO CONGRESS.

       Not later than 90 days after the date of enactment of this 
     section, and every 90 days

[[Page S3275]]

     thereafter, the Administrator shall submit to the Committee 
     on Commerce, Science, and Transportation and the Committee on 
     Appropriations in the Senate and the Committee on 
     Transportation and Infrastructure and the Committee on 
     Appropriations in the House of Representatives a report 
     containing the following:
       (1) The total number of airline passengers served who, at 
     the time of such flight, are a recipient of parole, or 
     utilizing a parole process, described in--
       (A) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for 
     Venezuelans'' (87 Fed. Reg. 63507 (October 19, 2022));
       (B) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for Haitians'' 
     (88 Fed. Reg. 1243 (January 9, 2023));
       (C) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for 
     Nicaraguans'' (88 Fed. Reg. 1255 (January 9, 2023)); or
       (D) the notice of the Department of Homeland Security 
     entitled ``Implementation of a Parole Process for Cubans'' 
     (88 Fed. Reg. 1266 (January 9, 2023));
       (2) The total number of airline passengers served on an 
     international flight into the United States who have been 
     approved to enter the United States using the CBP One Mobile 
     App.
       (3) The total number of airline passengers whose airline 
     ticket was funded, in whole or in part, by an organization 
     that, within 2 years of the date of enactment of this 
     section, received funding through the Federal Emergency 
     Management Agency's Shelter and Services Program.
       (4) The total increase in the number and length of flight 
     delays resulting from the number of increased airline 
     passengers in the applicable time period under paragraphs 
     (1)-(3), based on available data and averages regarding the 
     impact of such an increased passenger number.
       (5) The total increase in the number of flight 
     cancellations resulting from the number of increased airline 
     passengers in the applicable time period under paragraphs (1) 
     through (3), based on available data and averages regarding 
     the impact of such an increased passenger number.
       (6) The total increase in the number of airline passengers 
     bumped from flights resulting from the number of increased 
     airline passengers in the applicable time period under 
     paragraphs (1) through (3), based on available data and 
     averages regarding the impact of such an increased passenger 
     number.
       (7) The total increase in the number of oversold flights 
     resulting from the number of increased airline passengers in 
     the applicable time period under paragraphs (1) through (3), 
     based on available data and averages regarding the impact of 
     such an increased passenger number.
       (8) The total amount and degree of delays in the airport 
     security screening process resulting from the number of 
     increased airline passengers in the applicable time period 
     under paragraphs (1) through (3), based on available data and 
     averages regarding the impact of such an increased passenger 
     number.
       (9) The total increase in lost, delayed, or damaged baggage 
     resulting from the number of increased airline passengers in 
     the applicable time period under paragraphs (1) through (3), 
     based on available data and averages regarding the impact of 
     such an increased passenger number.
                                 ______
                                 
  SA 1930. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 925, add the following new subsection:
       (d) Disbursement of Matching Funds.--Section 44803(h)(2) of 
     title 49, United States Code, as amended by subsection (a), 
     is amended--
       (1) by striking ``evenly''; and
       (2) by inserting ``that enter into contracts described in 
     paragraph (1)(A)'' after ``under this section''.
                                 ______
                                 
  SA 1931. Mrs. BLACKBURN (for herself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE XIV--KIDS ONLINE SAFETY ACT

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Kids Online Safety Act''.

                     Subtitle A--Kids Online Safety

     SEC. 1402. DEFINITIONS.

       In this subtitle:
       (1) Child.--The term ``child'' means an individual who is 
     under the age of 13.
       (2) Compulsive usage.--The term ``compulsive usage'' means 
     any response stimulated by external factors that causes an 
     individual to engage in repetitive behavior reasonably likely 
     to cause psychological distress.
       (3) Covered platform.--
       (A) In general.--The term ``covered platform'' means an 
     online platform, online video game, messaging application, or 
     video streaming service that connects to the internet and 
     that is used, or is reasonably likely to be used, by a minor.
       (B) Exceptions.--The term ``covered platform'' does not 
     include--
       (i) an entity acting in its capacity as a provider of--

       (I) a common carrier service subject to the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory 
     thereof and supplementary thereto;
       (II) a broadband internet access service (as such term is 
     defined for purposes of section 8.1(b) of title 47, Code of 
     Federal Regulations, or any successor regulation);
       (III) an email service;
       (IV) a teleconferencing or video conferencing service that 
     allows reception and transmission of audio or video signals 
     for real-time communication, provided that--

       (aa) the service is not an online platform, including a 
     social media service or social network; and
       (bb) the real-time communication is initiated by using a 
     unique link or identifier to facilitate access; or

       (V) a wireless messaging service, including such a service 
     provided through short messaging service or multimedia 
     messaging service protocols, that is not a component of, or 
     linked to, an online platform and where the predominant or 
     exclusive function is direct messaging consisting of the 
     transmission of text, photos or videos that are sent by 
     electronic means, where messages are transmitted from the 
     sender to a recipient, and are not posted within an online 
     platform or publicly;

       (ii) an organization not organized to carry on business for 
     its own profit or that of its members;
       (iii) any public or private preschool, elementary, or 
     secondary school, or any institution of vocational, 
     professional, or higher education;
       (iv) a library (as defined in section 213(1) of the Library 
     Services and Technology Act (20 U.S.C. 9122(1)));
       (v) a news or sports news and coverage website or app 
     where--

       (I) the inclusion of video content on the website or app is 
     related to the website or app's own gathering, reporting, or 
     publishing of news content or sports news and coverage; and
       (II) the website or app is not otherwise an online 
     platform;

       (vi) a product or service that primarily functions as 
     business-to-business software, a cloud storage, file sharing, 
     or file collaboration service, provided that the product or 
     service is not an online platform; or
       (vii) a virtual private network or similar service that 
     exists solely to route internet traffic between locations.
       (4) Design feature.--The term ``design feature'' means any 
     feature or component of a covered platform that will 
     encourage or increase the frequency, time spent, or activity 
     of minors on the covered platform. Design features include 
     but are not limited to--
       (A) infinite scrolling or auto play;
       (B) rewards for time spent on the platform;
       (C) notifications;
       (D) personalized recommendation systems;
       (E) in-game purchases; or
       (F) appearance altering filters.
       (5) Geolocation.--The term ``geolocation'' means 
     information sufficient to identify street name and name of a 
     city or town.
       (6) Individual-specific advertising to minors.--
       (A) In general.--The term ``individual-specific advertising 
     to minors'' means advertising or any other effort to market a 
     product or service that is directed to a specific minor or a 
     device that is linked or reasonably linkable to a minor based 
     on--
       (i) the personal data of--

       (I) the minor; or
       (II) a group of minors who are similar in sex, age, income 
     level, race, or ethnicity to the specific minor to whom the 
     product or service is marketed;

       (ii) profiling of a minor or group of minors; or
       (iii) a unique identifier of the device.
       (B) Exclusions.--The term ``individual-specific advertising 
     to minors'' shall not include--
       (i) advertising or marketing to an individual or the device 
     of an individual in response to the individual's specific 
     request for information or feedback, such as a minor's 
     current search query;
       (ii) contextual advertising, such as when an advertisement 
     is displayed based on the content of the covered platform on 
     which the advertisement appears and does not vary based on 
     personal data related to the viewer;
       (iii) processing personal data solely for measuring or 
     reporting advertising or content performance, reach, or 
     frequency, including independent measurement;
       (C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to prohibit a covered platform that knows 
     an individual is under the age of 17 from delivering

[[Page S3276]]

     advertising or marketing that is age-appropriate for the 
     individual involved and intended for a child or teen audience 
     (as applicable), so long as the covered platform does not use 
     any personal data other than whether the user is under the 
     age of 17 to deliver such advertising or marketing.
       (7) Know or knows.--The term ``know'' or ``knows'' means to 
     have actual knowledge or knowledge fairly implied on the 
     basis of objective circumstances.
       (8) Mental health disorder.--The term ``mental health 
     disorder'' has the meaning given the term ``mental disorder'' 
     in the Diagnostic and Statistical Manual of Mental Health 
     Disorders, 5th Edition (or the most current successor 
     edition).
       (9) Microtransaction.--
       (A) In general.--The term ``microtransaction'' means a 
     purchase made in an online video game (including a purchase 
     made using a virtual currency that is purchasable or 
     redeemable using cash or credit or that is included as part 
     of a paid subscription service).
       (B) Inclusions.--Such term includes a purchase involving 
     surprise mechanics, new characters, or in-game items.
       (C) Exclusions.--Such term does not include--
       (i) a purchase made in an online video game using a virtual 
     currency that is earned through gameplay and is not otherwise 
     purchasable or redeemable using cash or credit or included as 
     part of a paid subscription service; or
       (ii) a purchase of additional levels within the game or an 
     overall expansion of the game.
       (10) Minor.--The term ``minor'' means an individual who is 
     under the age of 17.
       (11) Online platform.--The term ``online platform'' means 
     any public-facing website, online service, online 
     application, or mobile application that predominantly 
     provides a community forum for user generated content, such 
     as sharing videos, images, games, audio files, or other 
     content, including a social media service, social network, or 
     virtual reality environment.
       (12) Online video game.--The term ``online video game'' 
     means a video game, including an educational video game, that 
     connects to the internet and that--
       (A) allows a user to--
       (i) create and upload content other than content that is 
     incidental to gameplay, such as character or level designs 
     created by the user, preselected phrases, or short 
     interactions with other users;
       (ii) engage in microtransactions within the game; or
       (iii) communicate with other users; or
       (B) incorporates individual-specific advertising to minors.
       (13) Parent.--The term ``parent'' has the meaning given 
     that term in section 1302 of the Children's Online Privacy 
     Protection Act (15 U.S.C. 6501).
       (14) Personal data.--The term ``personal data'' has the 
     same meaning as the term ``personal information'' as defined 
     in section 1302 of the Children's Online Privacy Protection 
     Act (15 U.S.C. 6501).
       (15) Personalized recommendation system.--The term 
     ``personalized recommendation system'' means a fully or 
     partially automated system used to suggest, promote, or rank 
     content, including other users, hashtags, or posts, based on 
     the personal data of users. A recommendation system that 
     suggests, promotes, or ranks content based solely on the 
     user's language, city or town, or age shall not be considered 
     a personalized recommendation system.
       (16) Sexual exploitation and abuse.--The term ``sexual 
     exploitation and abuse'' means any of the following:
       (A) Coercion and enticement, as described in section 2422 
     of title 18, United States Code.
       (B) Child sexual abuse material, as described in sections 
     2251, 2252, 2252A, and 2260 of title 18, United States Code.
       (C) Trafficking for the production of images, as described 
     in section 2251A of title 18, United States Code.
       (D) Sex trafficking of children, as described in section 
     1591 of title 18, United States Code.
       (17) User.--The term ``user'' means, with respect to a 
     covered platform, an individual who registers an account or 
     creates a profile on the covered platform.

     SEC. 1403. DUTY OF CARE.

       (a) Prevention of Harm to Minors.--A covered platform shall 
     exercise reasonable care in the creation and implementation 
     of any design feature to prevent and mitigate the following 
     harms to minors:
       (1) Consistent with evidence-informed medical information, 
     the following mental health disorders: anxiety, depression, 
     eating disorders, substance use disorders, and suicidal 
     behaviors.
       (2) Patterns of use that indicate or encourage addiction-
     like behaviors by minors.
       (3) Physical violence, online bullying, and harassment of 
     the minor.
       (4) Sexual exploitation and abuse of minors.
       (5) Promotion and marketing of narcotic drugs (as defined 
     in section 102 of the Controlled Substances Act (21 U.S.C. 
     802)), tobacco products, gambling, or alcohol.
       (6) Predatory, unfair, or deceptive marketing practices, or 
     other financial harms.
       (b) Limitation.--Nothing in subsection (a) shall be 
     construed to require a covered platform to prevent or 
     preclude--
       (1) any minor from deliberately and independently searching 
     for, or specifically requesting, content; or
       (2) the covered platform or individuals on the platform 
     from providing resources for the prevention or mitigation of 
     the harms described in subsection (a), including evidence-
     informed information and clinical resources.

     SEC. 1404. SAFEGUARDS FOR MINORS.

       (a) Safeguards for Minors.--
       (1) Safeguards.--A covered platform shall provide a user or 
     visitor that the covered platform knows is a minor with 
     readily-accessible and easy-to-use safeguards to, as 
     applicable--
       (A) limit the ability of other users or visitors to 
     communicate with the minor;
       (B) prevent other users or visitors, whether registered or 
     not, from viewing the minor's personal data collected by or 
     shared on the covered platform, in particular restricting 
     public access to personal data;
       (C) limit design features that encourage or increase the 
     frequency, time spent, or activity of minors on the covered 
     platform, such as infinite scrolling, auto playing, rewards 
     for time spent on the platform, notifications, and other 
     design features that result in compulsive usage of the 
     covered platform by the minor;
       (D) control personalized recommendation systems, including 
     the ability for a minor to have at least 1 of the following 
     options--
       (i) opt out of such personalized recommendation systems, 
     while still allowing the display of content based on a 
     chronological format; or
       (ii) limit types or categories of recommendations from such 
     systems; and
       (E) restrict the sharing of the geolocation of the minor 
     and provide notice regarding the tracking of the minor's 
     geolocation.
       (2) Options.--A covered platform shall provide a user that 
     the covered platform knows is a minor with readily-accessible 
     and easy-to-use options to--
       (A) delete the minor's account and delete any personal data 
     collected from, or shared by, the minor on the covered 
     platform; or
       (B) limit the amount of time spent by the minor on the 
     covered platform.
       (3) Default safeguard settings for minors.--A covered 
     platform shall provide that, in the case of a user or visitor 
     that the platform knows is a minor, the default setting for 
     any safeguard described under paragraph (1) shall be the 
     option available on the platform that provides the most 
     protective level of control that is offered by the platform 
     over privacy and safety for that user or visitor.
       (b) Parental Tools.--
       (1) Tools.--A covered platform shall provide readily-
     accessible and easy-to-use settings for parents to support a 
     user that the platform knows is a minor with respect to the 
     user's use of the platform.
       (2) Requirements.--The parental tools provided by a covered 
     platform shall include--
       (A) the ability to manage a minor's privacy and account 
     settings, including the safeguards and options established 
     under subsection (a), in a manner that allows parents to--
       (i) view the privacy and account settings; and
       (ii) in the case of a user that the platform knows is a 
     child, change and control the privacy and account settings;
       (B) the ability to restrict purchases and financial 
     transactions by the minor, where applicable; and
       (C) the ability to view metrics of total time spent on the 
     covered platform and restrict time spent on the covered 
     platform by the minor.
       (3) Notice to minors.--A covered platform shall provide 
     clear and conspicuous notice to a user when the tools 
     described in this subsection are in effect and what settings 
     or controls have been applied.
       (4) Default tools.--A covered platform shall provide that, 
     in the case of a user that the platform knows is a child, the 
     tools required under paragraph (1) shall be enabled by 
     default.
       (5) Application to existing accounts.--If, prior to the 
     effective date of this subsection, a covered platform 
     provided a parent of a user that the platform knows is a 
     child with notice and the ability to enable the parental 
     tools described under this subsection in a manner that would 
     otherwise comply with this subsection, and the parent opted 
     out of enabling such tools, the covered platform is not 
     required to enable such tools with respect to such user by 
     default when this subsection takes effect.
       (c) Reporting Mechanism.--
       (1) Reports submitted by parents, minors, and schools.--A 
     covered platform shall provide--
       (A) a readily-accessible and easy-to-use means to submit 
     reports to the covered platform of harms to a minor;
       (B) an electronic point of contact specific to matters 
     involving harms to a minor; and
       (C) confirmation of the receipt of such a report and, 
     within the applicable time period described in paragraph (2), 
     a substantive response to the individual that submitted the 
     report.
       (2) Timing.--A covered platform shall establish an internal 
     process to receive and substantively respond to such reports 
     in a reasonable and timely manner, but in no case later 
     than--
       (A) 10 days after the receipt of a report, if, for the most 
     recent calendar year, the platform averaged more than 
     10,000,000 active users on a monthly basis in the United 
     States;

[[Page S3277]]

       (B) 21 days after the receipt of a report, if, for the most 
     recent calendar year, the platform averaged less than 
     10,000,000 active users on a monthly basis in the United 
     States; and
       (C) notwithstanding subparagraphs (A) and (B), if the 
     report involves an imminent threat to the safety of a minor, 
     as promptly as needed to address the reported threat to 
     safety.
       (d) Advertising of Illegal Products.--A covered platform 
     shall not facilitate the advertising of narcotic drugs (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)), tobacco products, gambling, or alcohol to an 
     individual that the covered platform knows is a minor.
       (e) Rules of Application.--
       (1) Accessibility.--With respect to safeguards and parental 
     tools described under subsections (a) and (b), a covered 
     platform shall provide--
       (A) information and control options in a clear and 
     conspicuous manner that takes into consideration the 
     differing ages, capacities, and developmental needs of the 
     minors most likely to access the covered platform and does 
     not encourage minors or parents to weaken or disable 
     safeguards or parental tools;
       (B) readily-accessible and easy-to-use controls to enable 
     or disable safeguards or parental tools, as appropriate; and
       (C) information and control options in the same language, 
     form, and manner as the covered platform provides the product 
     or service used by minors and their parents.
       (2) Dark patterns prohibition.--It shall be unlawful for 
     any covered platform to design, modify, or manipulate a user 
     interface of a covered platform with the purpose or 
     substantial effect of subverting or impairing user autonomy, 
     decision-making, or choice with respect to safeguards or 
     parental tools required under this section.
       (3) Timing considerations.--
       (A) No interruption to gameplay.--Subsections (a)(1)(C) and 
     (b)(3) shall not require an online video game to interrupt 
     the natural sequence of game play, such as progressing 
     through game levels or finishing a competition.
       (B) Application of changes to offline devices or 
     accounts.--If a user's device or user account does not have 
     access to the internet at the time of a change to parental 
     tools, a covered platform shall apply changes the next time 
     the device or user is connected to the internet.
       (4) Rules of construction.--Nothing in this section shall 
     be construed to--
       (A) prevent a covered platform from taking reasonable 
     measures to--
       (i) block, detect, or prevent the distribution of unlawful, 
     obscene, or other harmful material to minors as described in 
     section 1403(a); or
       (ii) block or filter spam, prevent criminal activity, or 
     protect the security of a platform or service;
       (B) require the disclosure of a minor's browsing behavior, 
     search history, messages, contact list, or other content or 
     metadata of their communications;
       (C) prevent a covered platform from using a personalized 
     recommendation system to display content to a minor if the 
     system only uses information on--
       (i) the language spoken by the minor;
       (ii) the city the minor is located in; or
       (iii) the minor's age; or
       (D) prevent an online video game from disclosing a username 
     or other user identification for the purpose of competitive 
     gameplay or to allow for the reporting of users.
       (f) Device or Console Controls.--
       (1) In general.--Nothing in this section shall be construed 
     to prohibit a covered platform from integrating its products 
     or service with, or duplicate controls or tools provided by, 
     third-party systems, including operating systems or gaming 
     consoles, to meet the requirements imposed under subsections 
     (a) and (b) relating to safeguards for minors and parental 
     tools, provided that--
       (A) the controls or tools meet such requirements; and
       (B) the minor or parent is provided sufficient notice of 
     the integration and use of the parental tools.
       (2) Preservation of protections.--In the event of a 
     conflict between the controls or tools of a third-party 
     system, including operating systems or gaming consoles, and a 
     covered platform, the covered platform is not required to 
     override the controls or tools of a third-party system if it 
     would undermine the protections for minors from the 
     safeguards or parental tools imposed under subsections (a) 
     and (b).

     SEC. 1405. DISCLOSURE.

       (a) Notice.--
       (1) Registration or purchase.--Prior to registration or 
     purchase of a covered platform by an individual that the 
     platform knows is a minor, the platform shall provide clear, 
     conspicuous, and easy-to-understand--
       (A) notice of the policies and practices of the covered 
     platform with respect to personal data and safeguards for 
     minors;
       (B) information about how to access the safeguards and 
     parental tools required under section 1404; and
       (C) notice about whether the covered platform uses or makes 
     available to minors a product, service, or design feature, 
     including any personalized recommendation system, that poses 
     any heightened risk of harm to minors.
       (2) Notification.--
       (A) Notice and acknowledgment.--In the case of an 
     individual that a covered platform knows is a child, the 
     platform shall additionally provide information about the 
     parental tools and safeguards required under section 1404 to 
     a parent of the child and obtain verifiable parental consent 
     (as defined in section 1302(9) of the Children's Online 
     Privacy Protection Act (15 U.S.C. 6501(9))) from the parent 
     prior to the initial use of the covered platform by the 
     child.
       (B) Reasonable effort.--A covered platform shall be deemed 
     to have satisfied the requirement described in subparagraph 
     (A) if the covered platform is in compliance with the 
     requirements of the Children's Online Privacy Protection Act 
     (15 U.S.C. 6501 et seq.) to use reasonable efforts (taking 
     into consideration available technology) to provide a parent 
     with the information described in subparagraph (A) and to 
     obtain verifiable parental consent as required.
       (3) Consolidated notices.--For purposes of this subtitle, a 
     covered platform may consolidate the process for providing 
     information under this subsection and obtaining verifiable 
     parental consent or the consent of the minor involved (as 
     applicable) as required under this subsection with its 
     obligations to provide relevant notice and obtain verifiable 
     consent under the Children's Online Privacy Protection Act 
     (15 U.S.C. 6501 et seq.).
       (4) Guidance.--The Federal Trade Commission may issue 
     guidance to assist covered platforms in complying with the 
     specific notice requirements of this subsection.
       (b) Personalized Recommendation System.--A covered platform 
     that operates a personalized recommendation system shall set 
     out in its terms and conditions, in a clear, conspicuous, and 
     easy-to-understand manner--
       (1) an overview of how such personalized recommendation 
     system is used by the covered platform to provide information 
     to minors, including how such systems use the personal data 
     of minors; and
       (2) information about options for minors or their parents 
     to opt out of or control the personalized recommendation 
     system (as applicable).
       (c) Advertising and Marketing Information and Labels.--
       (1) Information and labels.--A covered platform that 
     facilitates advertising aimed at users that the platform 
     knows are minors shall provide clear, conspicuous, and easy-
     to-understand labels and information, which can be provided 
     through a link to another web page or disclosure, to minors 
     on advertisements regarding--
       (A) the name of the product, service, or brand and the 
     subject matter of an advertisement;
       (B) if the covered platform engages in individual-specific 
     advertising to minors, why a particular advertisement is 
     directed to a specific minor, including material information 
     about how the minor's personal data is used to direct the 
     advertisement to the minor; and
       (C) whether particular media displayed to the minor is an 
     advertisement or marketing material, including disclosure of 
     endorsements of products, services, or brands made for 
     commercial consideration by other users of the platform.
       (2) Guidance.--The Federal Trade Commission may issue 
     guidance to assist covered platforms in complying with the 
     requirements of this subsection, including guidance about the 
     minimum level of information and labels for the disclosures 
     required under paragraph (1).
       (d) Resources for Parents and Minors.--A covered platform 
     shall provide to minors and parents clear, conspicuous, easy-
     to-understand, and comprehensive information in a prominent 
     location, which may include a link to a web page, regarding--
       (1) its policies and practices with respect to personal 
     data and safeguards for minors; and
       (2) how to access the safeguards and tools required under 
     section 1404.
       (e) Resources in Additional Languages.--A covered platform 
     shall ensure, to the extent practicable, that the disclosures 
     required by this section are made available in the same 
     language, form, and manner as the covered platform provides 
     any product or service used by minors and their parents.

     SEC. 1406. TRANSPARENCY.

       (a) In General.--Subject to subsection (b), not less 
     frequently than once a year, a covered platform shall issue a 
     public report describing the reasonably foreseeable risks of 
     harms to minors and assessing the prevention and mitigation 
     measures taken to address such risk based on an independent, 
     third-party audit conducted through reasonable inspection of 
     the covered platform.
       (b) Scope of Application.--The requirements of this section 
     shall apply to a covered platform if--
       (1) for the most recent calendar year, the platform 
     averaged more than 10,000,000 active users on a monthly basis 
     in the United States; and
       (2) the platform predominantly provides a community forum 
     for user-generated content and discussion, including sharing 
     videos, images, games, audio files, discussion in a virtual 
     setting, or other content, such as acting as a social media 
     platform, virtual reality environment, or a social network 
     service.
       (c) Content.--
       (1) Transparency.--The public reports required of a covered 
     platform under this section shall include--

[[Page S3278]]

       (A) an assessment of the extent to which the platform is 
     likely to be accessed by minors;
       (B) a description of the commercial interests of the 
     covered platform in use by minors;
       (C) an accounting, based on the data held by the covered 
     platform, of--
       (i) the number of users using the covered platform that the 
     platform knows to be minors in the United States;
       (ii) the median and mean amounts of time spent on the 
     platform by users known to be minors in the United States who 
     have accessed the platform during the reporting year on a 
     daily, weekly, and monthly basis; and
       (iii) the amount of content being accessed by users that 
     the platform knows to be minors in the United States that is 
     in English, and the top 5 non-English languages used by users 
     accessing the platform in the United States;
       (D) an accounting of total reports received regarding, and 
     the prevalence (which can be based on scientifically valid 
     sampling methods using the content available to the covered 
     platform in the normal course of business) of content related 
     to, the harms described in section 1403(a), disaggregated by 
     category of harm and language, including English and the top 
     5 non-English languages used by users accessing the platform 
     from the United States (as identified under subparagraph 
     (C)(iii)); and
       (E) a description of any material breaches of parental 
     tools or assurances regarding minors, representations 
     regarding the use of the personal data of minors, and other 
     matters regarding non-compliance with this subtitle.
       (2) Reasonably foreseeable risk of harm to minors.--The 
     public reports required of a covered platform under this 
     section shall include--
       (A) an assessment of the reasonably foreseeable risk of 
     harms to minors posed by the covered platform, specifically 
     identifying those physical, mental, developmental, or 
     financial harms described in section 1403(a);
       (B) a description of whether and how the covered platform 
     uses design features that encourage or increase the 
     frequency, time spent, or activity of minors on the covered 
     platform, such as infinite scrolling, auto playing, rewards 
     for time spent on the platform, notifications, and other 
     design features that result in compulsive usage of the 
     covered platform by the minor;
       (C) a description of whether, how, and for what purpose the 
     platform collects or processes categories of personal data 
     that may cause reasonably foreseeable risk of harms to 
     minors;
       (D) an evaluation of the efficacy of safeguards for minors 
     and parental tools under section 1404, and any issues in 
     delivering such safeguards and the associated parental tools;
       (E) an evaluation of any other relevant matters of public 
     concern over risk of harms to minors associated with the use 
     of the covered platform; and
       (F) an assessment of differences in risk of harm to minors 
     across different English and non-English languages and 
     efficacy of safeguards in those languages.
       (3) Mitigation.--The public reports required of a covered 
     platform under this section shall include, for English and 
     the top 5 non-English languages used by users accessing the 
     platform from the United States (as identified under 
     paragraph (2)(C)(iii)))--
       (A) a description of the safeguards and parental tools 
     available to minors and parents on the covered platform;
       (B) a description of interventions by the covered platform 
     when it had or has reason to believe that harms to minors 
     could occur;
       (C) a description of the prevention and mitigation measures 
     intended to be taken in response to the known and emerging 
     risks identified in its assessment of reasonably foreseeable 
     risks of harms to minors, including steps taken to--
       (i) prevent harms to minors, including adapting or removing 
     design features or addressing through parental tools;
       (ii) provide the most protective level of control over 
     privacy and safety by default; and
       (iii) adapt recommendation systems to mitigate reasonably 
     foreseeable risk of harms to minors, as described in section 
     1403(a);
       (D) a description of internal processes for handling 
     reports and automated detection mechanisms for harms to 
     minors, including the rate, timeliness, and effectiveness of 
     responses under the requirement of section 1404(c);
       (E) the status of implementing prevention and mitigation 
     measures identified in prior assessments; and
       (F) a description of the additional measures to be taken by 
     the covered platform to address the circumvention of 
     safeguards for minors and parental tools.
       (d) Reasonable Inspection.--In conducting an inspection of 
     the reasonably foreseeable risk of harm to minors under this 
     section, an independent, third-party auditor shall--
       (1) take into consideration the function of personalized 
     recommendation systems;
       (2) consult parents and youth experts, including youth and 
     families with relevant past or current experience, public 
     health and mental health nonprofit organizations, health and 
     development organizations, and civil society with respect to 
     the prevention of harms to minors;
       (3) conduct research based on experiences of minors that 
     use the covered platform, including reports reports of harm 
     received by the covered platform and information provided by 
     law enforcement;
       (4) take account of research, including research regarding 
     design features, marketing, or product integrity, industry 
     best practices, or outside research;
       (5) consider indicia or inferences of age of users, in 
     addition to any self-declared information about the age of 
     users; and
       (6) take into consideration differences in risk of 
     reasonably foreseeable harms and effectiveness of safeguards 
     across English and non-English languages.
       (e) Cooperation With Independent, Third-party Audit.--To 
     facilitate the report required by subsection (c), a covered 
     platform shall--
       (1) provide or otherwise make available to the independent 
     third-party conducting the audit all information and material 
     in its possession, custody, or control that is relevant to 
     the audit;
       (2) provide or otherwise make available to the independent 
     third-party conducting the audit access to all network, 
     systems, and assets relevant to the audit; and
       (3) disclose all relevant facts to the independent third-
     party conducting the audit, and not misrepresent in any 
     manner, expressly or by implication, any relevant fact.
       (f) Privacy Safeguards.--
       (1) In general.--In issuing the public reports required 
     under this section, a covered platform shall take steps to 
     safeguard the privacy of its users, including ensuring that 
     data is presented in a de-identified, aggregated format such 
     that it is not reasonably linkable to any user.
       (2) Rule of construction.--This section shall not be 
     construed to require the disclosure of information that will 
     lead to material vulnerabilities for the privacy of users or 
     the security of a covered platform's service or create a 
     significant risk of the violation of Federal or State law.
       (3) Definition of de-identified.--As used in this 
     subsection, the term ``de-identified'' means data that does 
     not identify and is not linked or reasonably linkable to a 
     device that is linked or reasonably linkable to an 
     individual, regardless of whether the information is 
     aggregated
       (g) Location.--The public reports required under this 
     section should be posted by a covered platform on an easy to 
     find location on a publicly-available website.

     SEC. 1407. RESEARCH ON SOCIAL MEDIA AND MINORS.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) National academy.--The term ``National Academy'' means 
     the National Academy of Sciences.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Research on Social Media Harms.--Not later than 12 
     months after the date of enactment of this Act, the 
     Commission shall seek to enter into a contract with the 
     National Academy, under which the National Academy shall 
     conduct no less than 5 scientific, comprehensive studies and 
     reports on the risk of harms to minors by use of social media 
     and other online platforms, including in English and non-
     English languages.
       (c) Matters to Be Addressed.--In contracting with the 
     National Academy, the Commission, in consultation with the 
     Secretary, shall seek to commission separate studies and 
     reports, using the Commission's authority under section 6(b) 
     of the Federal Trade Commission Act (15 U.S.C. 46(b)), on the 
     relationship between social media and other online platforms 
     as defined in this subtitle on the following matters:
       (1) Anxiety, depression, eating disorders, and suicidal 
     behaviors.
       (2) Substance use disorders and the use of narcotic drugs, 
     tobacco products, gambling, or alcohol by minors.
       (3) Sexual exploitation and abuse.
       (4) Addiction-like use of social media and design factors 
     that lead to unhealthy and harmful overuse of social media.
       (d) Additional Study.--Not earlier than 4 years after 
     enactment, the Commission shall seek to enter into a contract 
     with the National Academy under which the National Academy 
     shall conduct an additional study and report covering the 
     matters described in subsection (c) for the purposes of 
     providing additional information, considering new research, 
     and other matters.
       (e) Content of Reports.-- The comprehensive studies and 
     reports conducted pursuant to this section shall seek to 
     evaluate impacts and advance understanding, knowledge, and 
     remedies regarding the harms to minors posed by social media 
     and other online platforms, and may include recommendations 
     related to public policy.
       (f) Active Studies.--If the National Academy is engaged in 
     any active studies on the matters described in subsection (c) 
     at the time that it enters into a contract with the 
     Commission to conduct a study under this section, it may base 
     the study to be conducted under this section on the active 
     study, so long as it otherwise incorporates the requirements 
     of this section.
       (g) Collaboration.--In designing and conducting the studies 
     under this section, the Commission, the Secretary, and the 
     National Academy shall consult with the Surgeon General and 
     the Kids Online Safety Council.

[[Page S3279]]

       (h) Access to Data.--
       (1) Fact-finding authority.--The Commission may issue 
     orders under section 6(b) of the Federal Trade Commission Act 
     (15 U.S.C. 46(b)) to require covered platforms to provide 
     reports, data, or answers in writing as necessary to conduct 
     the studies required under this section.
       (2) Scope.--In exercising its authority under paragraph 
     (1), the Commission may issue orders to no more than 5 
     covered platforms per study under this section.
       (3) Confidential access.--Notwithstanding section 6(f) or 
     21 of the Federal Trade Commission Act (15 U.S.C. 46, 57b-2), 
     the Commission shall enter in agreements with the National 
     Academy to share appropriate information received from a 
     covered platform pursuant to an order under such subsection 
     (b) for a comprehensive study under this section in a 
     confidential and secure manner, and to prohibit the 
     disclosure or sharing of such information by the National 
     Academy. Nothing in this paragraph shall be construed to 
     preclude the disclosure of any such information if authorized 
     or required by any other law.

     SEC. 1408. MARKET RESEARCH.

       (a) Market Research by Covered Platforms.--The Federal 
     Trade Commission, in consultation with the Secretary of 
     Commerce, shall issue guidance for covered platforms seeking 
     to conduct market- and product-focused research on minors. 
     Such guidance shall include--
       (1) a standard consent form that provides minors and their 
     parents a clear, conspicuous, and easy-to-understand 
     explanation of the scope and purpose of the research to be 
     conducted that is available in English and the top 5 non-
     English languages used in the United States;
       (2) information on how to obtain informed consent from the 
     parent of a minor prior to conducting such market- and 
     product-focused research; and
       (3) recommendations for research practices for studies that 
     may include minors, disaggregated by the age ranges of 0-5, 
     6-9, 10-12, and 13-16.
       (b) Timing.--The Federal Trade Commission shall issue such 
     guidance not later than 18 months after the date of enactment 
     of this Act. In doing so, they shall seek input from members 
     of the public and the representatives of the Kids Online 
     Safety Council established under this subtitle.

     SEC. 1409. AGE VERIFICATION STUDY AND REPORT.

       (a) Study.--The Director of the National Institute of 
     Standards and Technology, in coordination with the Federal 
     Communications Commission, Federal Trade Commission, and the 
     Secretary of Commerce, shall conduct a study evaluating the 
     most technologically feasible methods and options for 
     developing systems to verify age at the device or operating 
     system level.
       (b) Contents.--Such study shall consider --
       (1) the benefits of creating a device or operating system 
     level age verification system;
       (2) what information may need to be collected to create 
     this type of age verification system;
       (3) the accuracy of such systems and their impact or steps 
     to improve accessibility, including for individuals with 
     disabilities;
       (4) how such a system or systems could verify age while 
     mitigating risks to user privacy and data security and 
     safeguarding minors' personal data, emphasizing minimizing 
     the amount of data collected and processed by covered 
     platforms and age verification providers for such a system;
       (5) the technical feasibility, including the need for 
     potential hardware and software changes, including for 
     devices currently in commerce and owned by consumers; and
       (6) the impact of different age verification systems on 
     competition, particularly the risk of different age 
     verification systems creating barriers to entry for small 
     companies.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the agencies described in subsection 
     (a) shall submit a report containing the results of the study 
     conducted under such subsection to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives.

     SEC. 1410. GUIDANCE.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Trade Commission, in 
     consultation with the Kids Online Safety Council established 
     under this subtitle, shall issue guidance to--
       (1) provide information and examples for covered platforms 
     and auditors regarding the following, with consideration 
     given to differences across English and non-English 
     languages--
       (A) identifying design features that encourage or increase 
     the frequency, time spent, or activity of minors on the 
     covered platform;
       (B) safeguarding minors against the possible misuse of 
     parental tools;
       (C) best practices in providing minors and parents the most 
     protective level of control over privacy and safety;
       (D) using indicia or inferences of age of users for 
     assessing use of the covered platform by minors;
       (E) methods for evaluating the efficacy of safeguards set 
     forth in this subtitle; and
       (F) providing additional parental tool options that allow 
     parents to address the harms described in section 1403(a); 
     and
       (2) outline conduct that does not have the purpose or 
     substantial effect of subverting or impairing user autonomy, 
     decision-making, or choice, or of causing, increasing, or 
     encouraging compulsive usage for a minor, such as--
       (A) de minimis user interface changes derived from testing 
     consumer preferences, including different styles, layouts, or 
     text, where such changes are not done with the purpose of 
     weakening or disabling safeguards or parental tools;
       (B) algorithms or data outputs outside the control of a 
     covered platform; and
       (C) establishing default settings that provide enhanced 
     privacy protection to users or otherwise enhance their 
     autonomy and decision-making ability.
       (b) Guidance to Schools.--Not later than 18 months after 
     the date of enactment of this Act, the Secretary of 
     Education, in consultation with the Federal Trade Commission 
     and the Kids Online Safety Council established under this 
     subtitle, shall issue guidance to assist elementary and 
     secondary schools in using the notice, safeguards and tools 
     provided under this subtitle and providing information on 
     online safety for students and teachers.
       (c) Guidance on Knowledge Standard.--Not later than 18 
     months after the date of enactment of this Act, the Federal 
     Trade Commission shall issue guidance to provide information, 
     including best practices and examples, for covered platforms 
     to understand how the Commission would determine whether a 
     covered platform ``had knowledge fairly implied on the basis 
     of objective circumstances'' for purposes of this subtitle.
       (d) Limitation on Federal Trade Commission Guidance.--
       (1) Effect of guidance.--No guidance issued by the Federal 
     Trade Commission with respect to this subtitle shall--
       (A) confer any rights on any person, State, or locality; or
       (B) operate to bind the Federal Trade Commission or any 
     court, person, State, or locality to the approach recommended 
     in such guidance.
       (2) Use in enforcement actions.--In any enforcement action 
     brought pursuant to this subtitle, the Federal Trade 
     Commission or a State attorney general, as applicable--
       (A) shall allege a violation of a provision of this 
     subtitle; and
       (B) may not base such enforcement action on, or execute a 
     consent order based on, practices that are alleged to be 
     inconsistent with guidance issued by the Federal Trade 
     Commission with respect to this subtitle, unless the 
     practices are alleged to violate a provision of this 
     subtitle.

     SEC. 1411. ENFORCEMENT.

       (a) Enforcement by Federal Trade Commission.--
       (1) Unfair and deceptive acts or practices.--A violation of 
     this subtitle shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice prescribed 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--The Federal Trade Commission (referred to 
     in this section as the ``Commission'') shall enforce this 
     subtitle in the same manner, by the same means, and with the 
     same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this subtitle.
       (B) Privileges and immunities.--Any person that violates 
     this subtitle shall be subject to the penalties, and entitled 
     to the privileges and immunities, provided in the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.).
       (3) Authority preserved.--Nothing in this subtitle shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (b) Enforcement by State Attorneys General.--
       (1) In general.--
       (A) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that a covered 
     platform has violated or is violating section 1404, 1405, or 
     1406, the State, as parens patriae, may bring a civil action 
     on behalf of the residents of the State in a district court 
     of the United States or a State court of appropriate 
     jurisdiction to--
       (i) enjoin any practice that violates section 1404, 1405, 
     or 1406;
       (ii) enforce compliance with section 1404, 1405, or 1406;
       (iii) on behalf of residents of the State, obtain damages, 
     restitution, or other compensation, each of which shall be 
     distributed in accordance with State law; or
       (iv) obtain such other relief as the court may consider to 
     be appropriate.
       (B) Notice.--
       (i) In general.--Before filing an action under subparagraph 
     (A), the attorney general of the State involved shall provide 
     to the Commission--

       (I) written notice of that action; and
       (II) a copy of the complaint for that action.

       (ii) Exemption.--

       (I) In general.--Clause (i) shall not apply with respect to 
     the filing of an action by an attorney general of a State 
     under this paragraph if the attorney general of the State 
     determines that it is not feasible to provide the notice 
     described in that clause before the filing of the action.
       (II) Notification.--In an action described in subclause 
     (I), the attorney general of a State shall provide notice and 
     a copy of the

[[Page S3280]]

     complaint to the Commission at the same time as the attorney 
     general files the action.

       (2) Intervention.--
       (A) In general.--On receiving notice under paragraph 
     (1)(B), the Commission shall have the right to intervene in 
     the action that is the subject of the notice.
       (B) Effect of intervention.--If the Commission intervenes 
     in an action under paragraph (1), it shall have the right--
       (i) to be heard with respect to any matter that arises in 
     that action; and
       (ii) to file a petition for appeal.
       (3) Construction.--For purposes of bringing any civil 
     action under paragraph (1), nothing in this subtitle shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of that State to--
       (A) conduct investigations;
       (B) administer oaths or affirmations; or
       (C) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (4) Actions by the commission.--In any case in which an 
     action is instituted by or on behalf of the Commission for 
     violation of this subtitle, no State may, during the pendency 
     of that action, institute a separate action under paragraph 
     (1) against any defendant named in the complaint in the 
     action instituted by or on behalf of the Commission for that 
     violation.
       (5) Venue; service of process.--
       (A) Venue.--Any action brought under paragraph (1) may be 
     brought in--
       (i) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (ii) a State court of competent jurisdiction.
       (B) Service of process.--In an action brought under 
     paragraph (1) in a district court of the United States, 
     process may be served wherever defendant--
       (i) is an inhabitant; or
       (ii) may be found.
       (6) Limitation.--A violation of section 1403 shall not form 
     the basis of liability in any action brought by the attorney 
     general of a State under a State law.

     SEC. 1412. KIDS ONLINE SAFETY COUNCIL.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary of Commerce shall 
     establish and convene the Kids Online Safety Council for the 
     purpose of providing advice on matters related to this 
     subtitle.
       (b) Participation.--The Kids Online Safety Council shall 
     include diverse participation from--
       (1) academic experts, health professionals, and members of 
     civil society with expertise in mental health, substance use 
     disorders, and the prevention of harms to minors;
       (2) representatives in academia and civil society with 
     specific expertise in privacy and civil liberties;
       (3) parents and youth representation;
       (4) representatives of covered platforms;
       (5) representatives of the National Telecommunications and 
     Information Administration, the National Institute of 
     Standards and Technology, the Federal Trade Commission, the 
     Department of Justice, and the Department of Health and Human 
     Services;
       (6) State attorneys general or their designees acting in 
     State or local government;
       (7) educators; and
       (8) representatives of communities of socially 
     disadvantaged individuals (as defined in section 8 of the 
     Small Business Act (15 U.S.C. 637)).
       (c) Activities.--The matters to be addressed by the Kids 
     Online Safety Council shall include--
       (1) identifying emerging or current risks of harms to 
     minors associated with online platforms;
       (2) recommending measures and methods for assessing, 
     preventing, and mitigating harms to minors online;
       (3) recommending methods and themes for conducting research 
     regarding online harms to minors, including in English and 
     non-English languages; and
       (4) recommending best practices and clear, consensus-based 
     technical standards for transparency reports and audits, as 
     required under this subtitle, including methods, criteria, 
     and scope to promote overall accountability.
       (d) Non-applicability of FACA.--The Kids Online Safety 
     Council shall not be subject to chapter 10 of title 5, United 
     States Code (commonly referred to as the ``Federal Advisory 
     Committee Act'').

     SEC. 1413. EFFECTIVE DATE.

       Except as otherwise provided in this subtitle, this 
     subtitle shall take effect on the date that is 18 months 
     after the date of enactment of this Act.

     SEC. 1414. RULES OF CONSTRUCTION AND OTHER MATTERS.

       (a) Relationship to Other Laws.--Nothing in this subtitle 
     shall be construed to--
       (1) preempt section 444 of the General Education Provisions 
     Act (20 U.S.C. 1232g, commonly known as the ``Family 
     Educational Rights and Privacy Act of 1974'') or other 
     Federal or State laws governing student privacy;
       (2) preempt the Children's Online Privacy Protection Act of 
     1998 (15 U.S.C. 6501 et seq.) or any rule or regulation 
     promulgated under such Act; or
       (3) authorize any action that would conflict with section 
     18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
       (b) Determination of ``Fairly Implied on the Basis of 
     Objective Circumstances''.--For purposes of enforcing this 
     subtitle, in making a determination as to whether covered 
     platform has knowledge fairly implied on the basis of 
     objective circumstances that a specific user is a minor, the 
     Federal Trade Commission or a State attorney general shall 
     rely on competent and reliable evidence, taking into account 
     the totality of the circumstances, including whether a 
     reasonable and prudent person under the circumstances would 
     have known that the user is a minor.
       (c) Protections for Privacy.--Nothing in this subtitle, 
     including a determination described in subsection (b), shall 
     be construed to require--
       (1) the affirmative collection of any personal data with 
     respect to the age of users that a covered platform is not 
     already collecting in the normal course of business; or
       (2) a covered platform to implement an age gating or age 
     verification functionality.
       (d) Compliance.--Nothing in this subtitle shall be 
     construed to restrict a covered platform's ability to--
       (1) cooperate with law enforcement agencies regarding 
     activity that the covered platform reasonably and in good 
     faith believes may violate Federal, State, or local laws, 
     rules, or regulations;
       (2) comply with a lawful civil, criminal, or regulatory 
     inquiry, subpoena, or summons by Federal, State, local, or 
     other government authorities; or
       (3) investigate, establish, exercise, respond to, or defend 
     against legal claims.
       (e) Application to Video Streaming Services.--A video 
     streaming service shall be deemed to be in compliance with 
     this subtitle if it predominantly consists of news, sports, 
     entertainment, or other video programming content that is 
     preselected by the provider and not user-generated, and--
       (1) any chat, comment, or interactive functionality is 
     provided incidental to, directly related to, or dependent on 
     provision of such content;
       (2) if such video streaming service requires account owner 
     registration and is not predominantly news or sports, the 
     service includes the capability--
       (A) to limit a minor's access to the service, which may 
     utilize a system of age-rating;
       (B) to limit the automatic playing of on-demand content 
     selected by a personalized recommendation system for an 
     individual that the service knows is a minor;
       (C) to provide an individual that the service knows is a 
     minor with readily-accessible and easy-to-use options to 
     delete an account held by the minor and delete any personal 
     data collected from the minor on the service, or, in the case 
     of a service that allows a parent to create a profile for a 
     minor, to allow a parent to delete the minor's profile, and 
     to delete any personal data collected from the minor on the 
     service;
       (D) for a parent to manage a minor's privacy and account 
     settings, and restrict purchases and financial transactions 
     by a minor, where applicable;
       (E) to provide an electronic point of contact specific to 
     matters described in this paragraph;
       (F) to offer a clear, conspicuous, and easy-to-understand 
     notice of its policies and practices with respect to personal 
     data and the capabilities described in this paragraph; and
       (G) when providing on-demand content, to employ measures 
     that safeguard against serving advertising for narcotic drugs 
     (as defined in section 102 of the Controlled Substances Act 
     (21 U.S.C. 802)), tobacco products, gambling, or alcohol 
     directly to the account or profile of an individual that the 
     service knows is a minor.

                 Subtitle B--Filter Bubble Transparency

     SEC. 1415. DEFINITIONS.

       In this subtitle:
       (1) Algorithmic ranking system.--The term ``algorithmic 
     ranking system'' means a computational process, including one 
     derived from algorithmic decision-making, machine learning, 
     statistical analysis, or other data processing or artificial 
     intelligence techniques, used to determine the selection, 
     order, relative prioritization, or relative prominence of 
     content from a set of information that is provided to a user 
     on an online platform, including the ranking of search 
     results, the provision of content recommendations, the 
     display of social media posts, or any other method of 
     automated content selection.
       (2) Approximate geolocation information.--The term 
     ``approximate geolocation information'' means information 
     that identifies the location of an individual, but with a 
     precision of less than 5 miles.
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Connected device.--The term ``connected device'' means 
     an electronic device that--
       (A) is capable of connecting to the internet, either 
     directly or indirectly through a network, to communicate 
     information at the direction of an individual;
       (B) has computer processing capabilities for collecting, 
     sending, receiving, or analyzing data; and
       (C) is primarily designed for or marketed to consumers.
       (5) Input-transparent algorithm.--
       (A) In general.--The term ``input-transparent algorithm'' 
     means an algorithmic ranking system that does not use the 
     user-

[[Page S3281]]

     specific data of a user to determine the selection, order, 
     relative prioritization, or relative prominence of 
     information that is furnished to such user on an online 
     platform, unless the user-specific data is expressly provided 
     to the platform by the user for such purpose.
       (B) Data expressly provided to the platform.--For purposes 
     of subparagraph (A), user-specific data that is provided by a 
     user for the express purpose of determining the selection, 
     order, relative prioritization, or relative prominence of 
     information that is furnished to such user on an online 
     platform--
       (i) shall include user-supplied search terms, filters, 
     speech patterns (if provided for the purpose of enabling the 
     platform to accept spoken input or selecting the language in 
     which the user interacts with the platform), saved 
     preferences, the resumption of a previous search, and the 
     current precise geolocation information that is supplied by 
     the user;
       (ii) shall include the user's current approximate 
     geolocation information;
       (iii) shall include data submitted to the platform by the 
     user that expresses the user's desire to receive particular 
     information, such as the social media profiles the user 
     follows, the video channels the user subscribes to, or other 
     content or sources of content on the platform the user has 
     selected;
       (iv) shall not include the history of the user's connected 
     device, including the user's history of web searches and 
     browsing, previous geographical locations, physical activity, 
     device interaction, and financial transactions; and
       (v) shall not include inferences about the user or the 
     user's connected device, without regard to whether such 
     inferences are based on data described in clause (i) or 
     (iii).
       (6) Online platform.--The term ``online platform'' means 
     any public-facing website, online service, online 
     application, or mobile application that predominantly 
     provides a community forum for user-generated content, such 
     as sharing videos, images, games, audio files, or other 
     content, including a social media service, social network, or 
     virtual reality environment.
       (7) Opaque algorithm.--
       (A) In general.--The term ``opaque algorithm'' means an 
     algorithmic ranking system that determines the selection, 
     order, relative prioritization, or relative prominence of 
     information that is furnished to such user on an online 
     platform based, in whole or part, on user-specific data that 
     was not expressly provided by the user to the platform for 
     such purpose.
       (B) Exception for age-appropriate content filters.--Such 
     term shall not include an algorithmic ranking system used by 
     an online platform if--
       (i) the only user-specific data (including inferences about 
     the user) that the system uses is information relating to the 
     age of the user; and
       (ii) such information is only used to restrict a user's 
     access to content on the basis that the individual is not old 
     enough to access such content.
       (8) Precise geolocation information.--The term ``precise 
     geolocation information'' means geolocation information that 
     identifies an individual's location to within a range of 5 
     miles or less.
       (9) User-specific data.--The term ``user-specific data'' 
     means information relating to an individual or a specific 
     connected device that would not necessarily be true of every 
     individual or device.

     SEC. 1416. REQUIREMENT TO ALLOW USERS TO SEE UNMANIPULATED 
                   CONTENT ON INTERNET PLATFORMS.

       (a) In General.--Beginning on the date that is 1 year after 
     the date of enactment of this Act, it shall be unlawful for 
     any person to operate an online platform that uses an opaque 
     algorithm unless the person complies with the requirements of 
     subsection (b).
       (b) Opaque Algorithm Requirements.--
       (1) In general.--The requirements of this subsection with 
     respect to a person that operates an online platform that 
     uses an opaque algorithm are the following:
       (A) The person provides users of the platform with the 
     following notices:
       (i) Notice that the platform uses an opaque algorithm that 
     uses user-specific data to select the content the user sees. 
     Such notice shall be presented in a clear and conspicuous 
     manner on the platform whenever the user interacts with an 
     opaque algorithm for the first time, and may be a one-time 
     notice that can be dismissed by the user.
       (ii) Notice, to be included in the terms and conditions of 
     the online platform, in a clear, accessible, and easily 
     comprehensible manner that is to be updated whenever the 
     online platform makes a material change, of--

       (I) the most salient features, inputs, and parameters used 
     by the algorithm;
       (II) how any user-specific data used by the algorithm is 
     collected or inferred about a user of the platform, and the 
     categories of such data;
       (III) any options that the online platform makes available 
     for a user of the platform to opt out or exercise options 
     under subparagraph (B), modify the profile of the user or to 
     influence the features, inputs, or parameters used by the 
     algorithm; and
       (IV) any quantities, such as time spent using a product or 
     specific measures of engagement or social interaction, that 
     the algorithm is designed to optimize, as well as a general 
     description of the relative importance of each quantity for 
     such ranking.

       (B) The online platform enables users to easily switch 
     between the opaque algorithm and an input-transparent 
     algorithm in their use of the platform.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to require an online platform to disclose any 
     information, including data or algorithms--
       (A) relating to a trade secret or other protected 
     intellectual property;
       (B) that is confidential business information; or
       (C) that is privileged.
       (3) Prohibition on differential pricing.--An online 
     platform shall not deny, charge different prices or rates 
     for, or condition the provision of a service or product to a 
     user based on the user's election to use an input-transparent 
     algorithm in their use of the platform, as provided under 
     paragraph (1)(B).
       (c) Enforcement by Federal Trade Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     this section by an operator of an online platform shall be 
     treated as a violation of a rule defining an unfair or 
     deceptive act or practice prescribed under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
       (2) Powers of commission.--
       (A) In general.--The Federal Trade Commission shall enforce 
     this section in the same manner, by the same means, and with 
     the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this section.
       (B) Privileges and immunities.--Any person who violates 
     this section shall be subject to the penalties and entitled 
     to the privileges and immunities provided in the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.).
       (C) Authority preserved.--Nothing in this section shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (d) Rule of Construction to Preserve Personalized Blocks.--
     Nothing in this section shall be construed to limit or 
     prohibit an online platform's ability to, at the direction of 
     an individual user or group of users, restrict another user 
     from searching for, finding, accessing, or interacting with 
     such user's or group's account, content, data, or online 
     community.

          Subtitle C--Relationship to State Laws; Severability

     SEC. 1418. RELATIONSHIP TO STATE LAWS.

       The provisions of this title shall preempt any State law, 
     rule, or regulation only to the extent that such State law, 
     rule, or regulation conflicts with a provision of this title. 
     Nothing in this title shall be construed to prohibit a State 
     from enacting a law, rule, or regulation that provides 
     greater protection to minors than the protection provided by 
     the provisions of this title.

     SEC. 1419. SEVERABILITY.

       If any provision of this title, or an amendment made by 
     this title, is determined to be unenforceable or invalid, the 
     remaining provisions of this title and the amendments made by 
     this title shall not be affected.
                                 ______
                                 
  SA 1932. Mr. PETERS (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1112 and insert the following:

     SEC. 1112. COUNTER-UAS AUTHORITIES.

       (a) Short Title.--This section may be cited as the 
     ``Safeguarding the Homeland from the Threats Posed by 
     Unmanned Aircraft Systems Act of 2024''.
       (b) Department of Homeland Security and Department of 
     Justice Unmanned Aircraft System Detection and Mitigation 
     Enforcement Authority.--Subtitle A of title II of the 
     Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is 
     amended by striking section 210G (6 U.S.C. 124n) and 
     inserting the following:

     ``SEC. 210G. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) The term `air navigation facility' has the meaning 
     given the term in section 40102(a) of title 49, United States 
     Code.
       ``(2) The term `airport' has the meaning given the term in 
     section 47102 of title 49, United States Code.
       ``(3) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on the Judiciary of the 
     Senate; and
       ``(B) the Committee on Homeland Security, the Committee on 
     Transportation and Infrastructure, the Committee on Oversight 
     and Accountability, the Committee on Energy and Commerce, and 
     the Committee on the Judiciary of the House of 
     Representatives.

[[Page S3282]]

       ``(4) The term `budget', with respect to a fiscal year, 
     means the budget for that fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31, 
     United States Code.
       ``(5) The term `covered facility or asset' means any 
     facility or asset that--
       ``(A) is identified as high-risk and a potential target for 
     unlawful unmanned aircraft or unmanned aircraft system 
     activity by the Secretary or the Attorney General, or by the 
     chief executive of the jurisdiction in which a State, local, 
     Tribal, or territorial law enforcement agency designated 
     pursuant to subsection (d)(2) operates after review and 
     approval of the Secretary or the Attorney General, in 
     coordination with the Secretary of Transportation with 
     respect to potentially impacted airspace, through a risk-
     based assessment for purposes of this section (except that in 
     the case of the missions described in clauses (i)(II) and 
     (iii)(I) of subparagraph (C), such missions shall be presumed 
     to be for the protection of a facility or asset that is 
     assessed to be high-risk and a potential target for unlawful 
     unmanned aircraft or unmanned aircraft system activity);
       ``(B) is located in the United States; and
       ``(C) directly relates to 1 or more--
       ``(i) missions authorized to be performed by the 
     Department, consistent with governing statutes, regulations, 
     and orders issued by the Secretary, pertaining to--

       ``(I) security or protection functions of U.S. Customs and 
     Border Protection, including securing or protecting 
     facilities, aircraft, and vessels, whether moored or 
     underway;
       ``(II) United States Secret Service protection operations 
     pursuant to sections 3056(a) and 3056A(a) of title 18, United 
     States Code, and the Presidential Protection Assistance Act 
     of 1976 (18 U.S.C. 3056 note);
       ``(III) protection of facilities pursuant to section 
     1315(a) of title 40, United States Code;
       ``(IV) transportation security functions of the 
     Transportation Security Administration; or
       ``(V) the security or protection functions for facilities, 
     assets, and operations of Homeland Security Investigations;

       ``(ii) missions authorized to be performed by the 
     Department of Justice, consistent with governing statutes, 
     regulations, and orders issued by the Attorney General, 
     pertaining to--

       ``(I) personal protection operations by--

       ``(aa) the Federal Bureau of Investigation as specified in 
     section 533 of title 28, United States Code; or
       ``(bb) the United States Marshals Service as specified in 
     section 566 of title 28, United States Code;

       ``(II) protection of penal, detention, and correctional 
     facilities and operations conducted by the Federal Bureau of 
     Prisons and prisoner operations and transport conducted by 
     the United States Marshals Service;
       ``(III) protection of the buildings and grounds leased, 
     owned, or operated by or for the Department of Justice, and 
     the provision of security for Federal courts, as specified in 
     section 566 of title 28, United States Code; or
       ``(IV) protection of an airport or air navigation facility;

       ``(iii) missions authorized to be performed by the 
     Department or the Department of Justice, acting together or 
     separately, consistent with governing statutes, regulations, 
     and orders issued by the Secretary or the Attorney General, 
     respectively, pertaining to--

       ``(I) protection of National Special Security Events and 
     Special Event Assessment Rating events;
       ``(II) the provision of support to a State, local, Tribal, 
     or territorial law enforcement agency, upon request of the 
     chief executive officer of the State or territory, to ensure 
     protection of people and property at mass gatherings, that is 
     limited to a specified duration and location, within 
     available resources, and without delegating any authority 
     under this section to State, local, Tribal, or territorial 
     law enforcement;
       ``(III) protection of an active Federal law enforcement 
     investigation, emergency response, or security function, that 
     is limited to a specified duration and location; or
       ``(IV) the provision of security or protection support to 
     critical infrastructure owners or operators, for static 
     critical infrastructure facilities and assets upon the 
     request of the owner or operator;

       ``(iv) missions authorized to be performed by the United 
     States Coast Guard, including those described in clause (iii) 
     as directed by the Secretary, and as further set forth in 
     section 528 of title 14, United States Code, and consistent 
     with governing statutes, regulations, and orders issued by 
     the Secretary of the Department in which the Coast Guard is 
     operating; and
       ``(v) responsibilities of State, local, Tribal, and 
     territorial law enforcement agencies designated pursuant to 
     subsection (d)(2) pertaining to--

       ``(I) protection of National Special Security Events and 
     Special Event Assessment Rating events or other mass 
     gatherings in the jurisdiction of the State, local, Tribal, 
     or territorial law enforcement agency;
       ``(II) protection of critical infrastructure assessed by 
     the Secretary as high-risk for unmanned aircraft systems or 
     unmanned aircraft attack or disruption, including airports in 
     the jurisdiction of the State, local, Tribal, or territorial 
     law enforcement agency;
       ``(III) protection of government buildings, assets, or 
     facilities in the jurisdiction of the State, local, Tribal, 
     or territorial law enforcement agency; or
       ``(IV) protection of disaster response in the jurisdiction 
     of the State, local, Tribal, or territorial law enforcement 
     agency.

       ``(6) The term `critical infrastructure' has the meaning 
     given the term in section 1016(e) of the Critical 
     Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)).
       ``(7) The terms `electronic communication', `intercept', 
     `oral communication', and `wire communication' have the 
     meanings given those terms in section 2510 of title 18, 
     United States Code.
       ``(8) The term `homeland security or justice budget 
     materials', with respect to a fiscal year, means the 
     materials submitted to Congress by the Secretary and the 
     Attorney General in support of the budget for that fiscal 
     year.
       ``(9)(A) The term `personnel' means--
       ``(i) an officer, employee, or contractor of the Department 
     or the Department of Justice, who is authorized to perform 
     duties that include safety, security, or protection of 
     people, facilities, or assets; or
       ``(ii) an employee who--
       ``(I) is authorized to perform law enforcement and security 
     functions on behalf of a State, local, Tribal, or territorial 
     law enforcement agency designated under subsection (d)(2); 
     and
       ``(II) is trained and certified to perform those duties, 
     including training specific to countering unmanned aircraft 
     threats and mitigating risks in the national airspace, 
     including with respect to protecting privacy and civil 
     liberties.
       ``(B) To qualify for use of the authorities described in 
     subsection (b) or (c), respectively, a contractor conducting 
     operations described in those subsections shall--
       ``(i) be directly contracted by the Department or the 
     Department of Justice;
       ``(ii) operate at a government-owned or government-leased 
     facility or asset;
       ``(iii) not conduct inherently governmental functions;
       ``(iv) be trained to safeguard privacy and civil liberties; 
     and
       ``(v) be trained and certified by the Department or the 
     Department of Justice to meet the established guidance and 
     regulations of the Department or the Department of Justice, 
     respectively.
       ``(C) For purposes of subsection (c)(1), the term 
     `personnel' includes any officer, employee, or contractor who 
     is authorized to perform duties that include the safety, 
     security, or protection of people, facilities, or assets, 
     of--
       ``(i) a State, local, Tribal, or territorial law 
     enforcement agency; and
       ``(ii) an owner or operator of an airport or critical 
     infrastructure.
       ``(10) The term `risk-based assessment' means an evaluation 
     of threat information specific to a covered facility or asset 
     and, with respect to potential impacts on the safety and 
     efficiency of the national airspace system and the needs of 
     law enforcement and national security at each covered 
     facility or asset identified by the Secretary or the Attorney 
     General, respectively, of each of the following factors:
       ``(A) Potential impacts to safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems or unmanned 
     aircraft, aviation safety, airport operations, 
     infrastructure, and air navigation services relating to the 
     use of any system or technology for carrying out the actions 
     described in subsection (e)(2).
       ``(B) Options for mitigating any identified impacts to the 
     national airspace system relating to the use of any system or 
     technology, including minimizing, when possible, the use of 
     any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (e)(2).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (e)(2) to the national airspace system 
     and infrastructure if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of law enforcement and national 
     security.
       ``(E) The setting and character of any covered facility or 
     asset, including--
       ``(i) whether the covered facility or asset is located in a 
     populated area or near other structures;
       ``(ii) whether the covered facility or asset is open to the 
     public;
       ``(iii) whether the covered facility or asset is used for 
     nongovernmental functions; and
       ``(iv) any potential for interference with wireless 
     communications or for injury or damage to persons or 
     property.
       ``(F) The setting, character, duration, and national 
     airspace system impacts of National Special Security Events 
     and Special Event Assessment Rating events, to the extent not 
     already discussed in the National Special Security Event and 
     Special Event Assessment Rating nomination process.
       ``(G) Potential consequences to national security, public 
     safety, or law enforcement if threats posed by unmanned 
     aircraft systems or unmanned aircraft are not mitigated or 
     defeated.
       ``(H) Civil rights and civil liberties guaranteed by the 
     First and Fourth Amendments to the Constitution of the United 
     States.
       ``(11) The terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 44801 
     of title 49, United States Code.
       ``(b) Authority of the Department of Homeland Security and 
     Department of

[[Page S3283]]

     Justice.--Notwithstanding section 46502 of title 49, United 
     States Code, or sections 32, 1030, 1367, and chapters 119 and 
     206 of title 18, United States Code, the Secretary and the 
     Attorney General may, for their respective Departments, take, 
     and may authorize personnel with assigned duties that include 
     the safety, security, or protection of people, facilities, or 
     assets to take, actions described in subsection (e)(2) that 
     are necessary to detect, identify, monitor, track, and 
     mitigate a credible threat (as defined by the Secretary and 
     the Attorney General, in consultation with the Secretary of 
     Transportation, acting through the Administrator of the 
     Federal Aviation Administration) that an unmanned aircraft 
     system or unmanned aircraft poses to the safety or security 
     of a covered facility or asset.
       ``(c) Additional Limited Authority for Detection, 
     Identification, Monitoring, and Tracking.--
       ``(1) In general.--Subject to paragraphs (2) and (3), and 
     notwithstanding sections 1030 and 1367 and chapters 119 and 
     206 of title 18, United States Code, any State, local, 
     Tribal, or territorial law enforcement agency, the Department 
     of Justice, the Department, and any owner or operator of an 
     airport or critical infrastructure may authorize personnel, 
     with assigned duties that include the safety, security, or 
     protection of people, facilities, or assets, to use equipment 
     authorized under this subsection to take actions described in 
     subsection (e)(1) that are necessary to detect, identify, 
     monitor, or track an unmanned aircraft system or unmanned 
     aircraft within the respective areas of responsibility or 
     jurisdiction of the authorized personnel.
       ``(2) Authorized equipment.--Equipment authorized for 
     unmanned aircraft system detection, identification, 
     monitoring, or tracking under this subsection shall be 
     limited to systems or technologies--
       ``(A) tested and evaluated by the Department or the 
     Department of Justice, including evaluation of any potential 
     counterintelligence or cybersecurity risks;
       ``(B) that are annually reevaluated for any changes in 
     risks, including counterintelligence and cybersecurity risks;
       ``(C) determined by the Federal Communications Commission 
     and the National Telecommunications and Information 
     Administration not to adversely impact the use of the 
     communications spectrum;
       ``(D) determined by the Federal Aviation Administration not 
     to adversely impact the use of the aviation spectrum or 
     otherwise adversely impact the national airspace system; and
       ``(E) that are included on a list of authorized equipment 
     maintained by the Department, in coordination with the 
     Department of Justice, the Federal Aviation Administration, 
     the Federal Communications Commission, and the National 
     Telecommunications and Information Administration.
       ``(3) State, local, tribal, and territorial compliance.--
     Each State, local, Tribal, or territorial law enforcement 
     agency or owner or operator of an airport or critical 
     infrastructure acting pursuant to this subsection shall--
       ``(A) prior to any such action, issue a written policy 
     certifying compliance with the privacy protections of 
     subparagraphs (A) through (D) of subsection (j)(2);
       ``(B) certify compliance with such policy to the Secretary 
     and the Attorney General annually, and immediately notify the 
     Secretary and Attorney General of any noncompliance with such 
     policy or the privacy protections of subparagraphs (A) 
     through (D) of subsection (j)(2); and
       ``(C) comply with any additional guidance issued by the 
     Secretary or the Attorney General relating to implementation 
     of this subsection.
       ``(4) Prohibition.--Nothing in this subsection shall be 
     construed to authorize the taking of any action described in 
     subsection (e) other than the actions described in paragraph 
     (1) of that subsection.
       ``(d) Pilot Program for State, Local, Tribal, and 
     Territorial Law Enforcement.--
       ``(1) In general.--The Secretary and the Attorney General 
     may carry out a pilot program to evaluate the potential 
     benefits of State, local, Tribal, and territorial law 
     enforcement agencies taking actions that are necessary to 
     mitigate a credible threat (as defined by the Secretary and 
     the Attorney General, in consultation with the Secretary of 
     Transportation, acting through the Administrator of the 
     Federal Aviation Administration) that an unmanned aircraft 
     system or unmanned aircraft poses to the safety or security 
     of a covered facility or asset.
       ``(2) Designation.--
       ``(A) In general.--The Secretary or the Attorney General, 
     with the concurrence of the Secretary of Transportation 
     (acting through the Administrator of the Federal Aviation 
     Administration), may, under the pilot program established 
     under paragraph (1), designate 1 or more State, local, 
     Tribal, or territorial law enforcement agencies approved by 
     the respective chief executive officer of the State, local, 
     Tribal, or territorial law enforcement agency to engage in 
     the activities authorized in paragraph (4) under the direct 
     oversight of the Department or the Department of Justice, in 
     carrying out the responsibilities authorized under subsection 
     (a)(5)(C)(v).
       ``(B) Designation process.--
       ``(i) Number of agencies and duration.--On and after the 
     date that is 180 days after the date of enactment of the 
     Safeguarding the Homeland from the Threats Posed by Unmanned 
     Aircraft Systems Act of 2024, the Secretary and the Attorney 
     General, pursuant to subparagraph (A), may designate a 
     combined total of not more than 12 State, local, Tribal, and 
     territorial law enforcement agencies for participation in the 
     pilot program, and may designate 12 additional State, local, 
     Tribal, and territorial law enforcement agencies each year 
     thereafter, provided that not more than 60 State, local, 
     Tribal, and territorial law enforcement agencies in total may 
     be designated during the 5-year period of the pilot program.
       ``(ii) Revocation.--The Secretary and the Attorney General, 
     in consultation with the Secretary of Transportation (acting 
     through the Administrator of the Federal Aviation 
     Administration)--

       ``(I) may revoke a designation under subparagraph (A) if 
     the Secretary, Attorney General, and Secretary of 
     Transportation (acting through the Administrator of the 
     Federal Aviation Administration) concur in the revocation; 
     and
       ``(II) shall revoke a designation under subparagraph (A) if 
     the Secretary, the Attorney General, or the Secretary of 
     Transportation (acting through the Administrator of the 
     Federal Aviation Administration) withdraws concurrence.

       ``(3) Termination of pilot program.--
       ``(A) Designation.--The authority to designate an agency 
     for inclusion in the pilot program established under this 
     subsection shall terminate 5 years after the date that is 180 
     days after the date of enactment of the Safeguarding the 
     Homeland from the Threats Posed by Unmanned Aircraft Systems 
     Act of 2024.
       ``(B) Authority of pilot program agencies.--The authority 
     of an agency designated under the pilot program established 
     under this subsection to exercise any of the authorities 
     granted under the pilot program shall terminate not later 
     than 6 years after the date that is 180 days after the date 
     of enactment of the Safeguarding the Homeland from the 
     Threats Posed by Unmanned Aircraft Systems Act of 2024, or 
     upon revocation pursuant to paragraph (2)(B)(ii).
       ``(4) Authorization.--Notwithstanding section 46502 of 
     title 49, United States Code, or sections 32, 1030, 1367, and 
     chapters 119 and 206 of title 18, United States Code, any 
     State, local, Tribal, or territorial law enforcement agency 
     designated pursuant to paragraph (2) may authorize personnel 
     with assigned duties that include the safety, security, or 
     protection of people, facilities, or assets to take such 
     actions as are described in subsection (e)(2) that are 
     necessary to detect, identify, monitor, track, or mitigate a 
     credible threat (as defined by the Secretary and the Attorney 
     General, in consultation with the Secretary of 
     Transportation, acting through the Administrator of the 
     Federal Aviation Administration) that an unmanned aircraft 
     system or unmanned aircraft poses to the safety or security 
     of a covered facility or asset in carrying out the 
     responsibilities authorized under subsection (a)(5)(C)(v).
       ``(5) Exemption.--
       ``(A) In general.--Subject to subparagraph (B), the Chair 
     of the Federal Communications Commission, in consultation 
     with the Administrator of the National Telecommunications and 
     Information Administration, shall implement a process for 
     considering the exemption of 1 or more law enforcement 
     agencies designated under paragraph (2), or any station 
     operated by the agency, from any provision of title III of 
     the Communications Act of 1934 (47 U.S.C. 151 et seq.) to the 
     extent that the designated law enforcement agency takes such 
     actions as are described in subsection (e)(2) and may 
     establish conditions or requirements for such exemption.
       ``(B) Requirements.--The Chair of the Federal 
     Communications Commission, in consultation with the 
     Administrator of the National Telecommunications and 
     Information Administration, may grant an exemption under 
     subparagraph (A) only if the Chair of the Federal 
     Communications Commission in consultation with the 
     Administrator of the National Telecommunications and 
     Information Administration finds that the grant of an 
     exemption--
       ``(i) is necessary to achieve the purposes of this 
     subsection; and
       ``(ii) will serve the public interest.
       ``(C) Revocation.--Any exemption granted under subparagraph 
     (A) shall terminate automatically if the designation granted 
     to the law enforcement agency under paragraph (2)(A) is 
     revoked by the Secretary or the Attorney General under 
     paragraph (2)(B)(ii) or is terminated under paragraph (3)(B).
       ``(6) Reporting.--Not later than 2 years after the date on 
     which the first law enforcement agency is designated under 
     paragraph (2), and annually thereafter for the duration of 
     the pilot program, the Secretary and the Attorney General 
     shall inform the appropriate committees of Congress in 
     writing of the use by any State, local, Tribal, or 
     territorial law enforcement agency of any authority granted 
     pursuant to paragraph (4), including a description of any 
     privacy or civil liberties complaints known to the Secretary 
     or Attorney General in connection with the use of that 
     authority by the designated agencies.
       ``(7) Restrictions.--Any entity acting pursuant to the 
     authorities granted under this subsection--
       ``(A) may do so only using equipment authorized by the 
     Department, in coordination with the Department of Justice, 
     the Federal Communications Commission, the National

[[Page S3284]]

     Telecommunications and Information Administration, and the 
     Department of Transportation (acting through the Federal 
     Aviation Administration) according to the criteria described 
     in subsection (c)(2);
       ``(B) shall, prior to any such action, issue a written 
     policy certifying compliance with the privacy protections of 
     subparagraphs (A) through (D) of subsection (j)(2);
       ``(C) shall ensure that all personnel undertaking any 
     actions listed under this subsection are properly trained in 
     accordance with the criteria that the Secretary and Attorney 
     General shall collectively establish, in consultation with 
     the Secretary of Transportation, the Administrator of the 
     Federal Aviation Administration, the Chair of the Federal 
     Communications Commission, the Assistant Secretary of 
     Commerce for Communications and Information, and the 
     Administrator of the National Telecommunications and 
     Information Administration; and
       ``(D) shall comply with any additional guidance relating to 
     compliance with this subsection issued by the Secretary or 
     Attorney General.
       ``(e) Actions Described.--
       ``(1) In general.--The actions authorized under subsection 
     (c) that may be taken by a State, local, Tribal, or 
     territorial law enforcement agency, the Department, the 
     Department of Justice, and any owner or operator of an 
     airport or critical infrastructure, are limited to actions 
     during the operation of an unmanned aircraft system, to 
     detect, identify, monitor, and track the unmanned aircraft 
     system or unmanned aircraft, without prior consent, including 
     by means of intercept or other access of a wire 
     communication, an oral communication, or an electronic 
     communication used to control the unmanned aircraft system or 
     unmanned aircraft.
       ``(2) Clarification.--The actions authorized in subsections 
     (b) and (d)(4) are the following:
       ``(A) During the operation of the unmanned aircraft system 
     or unmanned aircraft, detect, identify, monitor, and track 
     the unmanned aircraft system or unmanned aircraft, without 
     prior consent, including by means of intercept or other 
     access of a wire communication, an oral communication, or an 
     electronic communication used to control the unmanned 
     aircraft system or unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by passive or active, and direct 
     or indirect, physical, electronic, radio, and electromagnetic 
     means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent of the operator of 
     the unmanned aircraft system or unmanned aircraft, including 
     by disabling the unmanned aircraft system or unmanned 
     aircraft by intercepting, interfering, or causing 
     interference with wire, oral, electronic, or radio 
     communications used to control the unmanned aircraft system 
     or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to disable, 
     damage, or destroy the unmanned aircraft system or unmanned 
     aircraft.
       ``(f) Research, Testing, Training, and Evaluation.--
       ``(1) Requirement.--
       ``(A) In general.--Notwithstanding section 46502 of title 
     49, United States Code, or any provision of title 18, United 
     States Code, the Secretary, the Attorney General, and the 
     heads of the State, local, Tribal, or territorial law 
     enforcement agencies designated pursuant to subsection (d)(2) 
     shall conduct research, testing, and training on, and 
     evaluation of, any equipment, including any electronic 
     equipment, to determine the capability and utility of the 
     equipment prior to the use of the equipment in carrying out 
     any action described in subsection (e).
       ``(B) Coordination.--Personnel and contractors who do not 
     have duties that include the safety, security, or protection 
     of people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(2) Training of federal, state, local, territorial, and 
     tribal law enforcement personnel.--The Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation, may--
       ``(A) provide training relating to measures to mitigate a 
     credible threat that an unmanned aircraft or unmanned 
     aircraft system poses to the safety or security of a covered 
     facility or asset to any personnel who are authorized to take 
     such measures, including personnel authorized to take the 
     actions described in subsection (e); and
       ``(B) establish or designate 1 or more facilities or 
     training centers for the purpose described in subparagraph 
     (A).
       ``(3) Coordination for research, testing, training, and 
     evaluation.--
       ``(A) In general.--The Secretary, the Attorney General, and 
     the heads of the State, local, Tribal, or territorial law 
     enforcement agencies designated pursuant to subsection (d)(2) 
     shall coordinate procedures governing research, testing, 
     training, and evaluation to carry out any provision under 
     this subsection with the Administrator of the Federal 
     Aviation Administration before initiating such activity in 
     order that the Administrator of the Federal Aviation 
     Administration may ensure the activity does not adversely 
     impact or interfere with safe airport operations, navigation, 
     air traffic services, or the safe and efficient operation of 
     the national airspace system.
       ``(B) Additional requirement.--Each head of a State, local, 
     Tribal, or territorial law enforcement agency designated 
     pursuant to subsection (d)(2) shall coordinate the procedures 
     governing research, testing, training, and evaluation of the 
     law enforcement agency through the Secretary and the Attorney 
     General, in coordination with the Federal Aviation 
     Administration.
       ``(g) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is lawfully seized by the Secretary or the 
     Attorney General pursuant to subsection (b) is subject to 
     forfeiture to the United States pursuant to the provisions of 
     chapter 46 of title 18, United States Code.
       ``(h) Regulations and Guidance.--The Secretary, the 
     Attorney General, and the Secretary of Transportation--
       ``(1) may prescribe regulations and shall issue guidance in 
     the respective areas of each Secretary or the Attorney 
     General to carry out this section; and
       ``(2) in developing regulations and guidance described in 
     paragraph (1), shall consult the Chair of the Federal 
     Communications Commission, the Administrator of the National 
     Telecommunications and Information Administration, and the 
     Administrator of the Federal Aviation Administration.
       ``(i) Coordination.--
       ``(1) In general.--The Secretary and the Attorney General 
     shall coordinate with the Administrator of the Federal 
     Aviation Administration before carrying out any action 
     authorized under this section in order that the Administrator 
     may ensure the action does not adversely impact or interfere 
     with--
       ``(A) safe airport operations;
       ``(B) navigation;
       ``(C) air traffic services; or
       ``(D) the safe and efficient operation of the national 
     airspace system.
       ``(2) Guidance.--Before issuing any guidance, or otherwise 
     implementing this section, the Secretary or the Attorney 
     General shall each coordinate with--
       ``(A) the Secretary of Transportation in order that the 
     Secretary of Transportation may ensure the guidance or 
     implementation does not adversely impact or interfere with 
     any critical infrastructure relating to transportation; and
       ``(B) the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     guidance or implementation does not adversely impact or 
     interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system.
       ``(3) Coordination with the faa.--The Secretary and the 
     Attorney General shall coordinate the development of their 
     respective guidance under subsection (h) with the Secretary 
     of Transportation (acting through the Administrator of the 
     Federal Aviation Administration).
       ``(4) Coordination with the department of transportation 
     and national telecommunications and information 
     administration.--The Secretary and the Attorney General, and 
     the heads of any State, local, Tribal, or territorial law 
     enforcement agencies designated pursuant to subsection 
     (d)(2), through the Secretary and the Attorney General, shall 
     coordinate the development for their respective departments 
     or agencies of the actions described in subsection (e) with 
     the Secretary of Transportation (acting through the 
     Administrator of the Federal Aviation Administration), the 
     Assistant Secretary of Commerce for Communications and 
     Information, and the Administrator of the National 
     Telecommunications and Information Administration.
       ``(5) State, local, tribal, and territorial 
     implementation.--Prior to taking any action authorized under 
     subsection (d)(4), each head of a State, local, Tribal, or 
     territorial law enforcement agency designated under 
     subsection (d)(2) shall coordinate, through the Secretary and 
     the Attorney General--
       ``(A) with the Secretary of Transportation in order that 
     the Administrators of non-aviation modes of the Department of 
     Transportation may evaluate whether the action may have 
     adverse impacts on critical infrastructure relating to non-
     aviation transportation;
       ``(B) with the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     action will not adversely impact or interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system; and
       ``(C) to allow the Department and the Department of Justice 
     to ensure that any action authorized by this section is 
     consistent with Federal law enforcement or in the interest of 
     national security.
       ``(j) Privacy Protection.--
       ``(1) In general.--Any regulation or guidance issued to 
     carry out an action under subsection (e) by the Secretary or 
     the Attorney General shall ensure for the Department or the 
     Department of Justice, respectively, that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of any communication to or from an 
     unmanned aircraft

[[Page S3285]]

     system or unmanned aircraft under this section is conducted 
     in a manner consistent with the First and Fourth Amendments 
     to the Constitution of the United States and any applicable 
     provision of Federal law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft are intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (e);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary 
     or the Attorney General, as applicable, determines that 
     maintenance of the record is--
       ``(i) required under Federal law;
       ``(ii) necessary for the purpose of litigation; and
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by unmanned aircraft systems or unmanned aircraft; 
     and

       ``(D) a communication described in subparagraph (B) is not 
     disclosed to any person not employed or contracted by the 
     Department or the Department of Justice unless the 
     disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) will support--

       ``(I) the Department of Defense;
       ``(II) a Federal law enforcement, intelligence, or security 
     agency;
       ``(III) a State, local, Tribal, or territorial law 
     enforcement agency; or
       ``(IV) another relevant entity or person if the entity or 
     person is engaged in a security or protection operation;

       ``(iii) is necessary to support a department or agency 
     listed in clause (ii) in investigating or prosecuting a 
     violation of law;
       ``(iv) will support the enforcement activities of a Federal 
     regulatory agency relating to a criminal or civil 
     investigation of, or any regulatory, statutory, or other 
     enforcement action relating to, an action described in 
     subsection (e);
       ``(v) is between the Department and the Department of 
     Justice in the course of a security or protection operation 
     of either department or a joint operation of those 
     departments; or
       ``(vi) is otherwise required by law.
       ``(2) Local privacy protection.--In exercising any 
     authority described in subsection (c) or (d), a State, local, 
     Tribal, or territorial law enforcement agency designated 
     under subsection (d)(2) or owner or operator of an airport or 
     critical infrastructure shall ensure that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of communications to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with--
       ``(i) the First and Fourth Amendments to the Constitution 
     of the United States; and
       ``(ii) applicable provisions of Federal law, and where 
     required, State, local, Tribal, and territorial law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft is intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (e);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary, 
     the Attorney General, or the head of a State, local, Tribal, 
     or territorial law enforcement agency designated under 
     subsection (d)(2) determines that maintenance of the record 
     is--
       ``(i) required to be maintained under Federal, State, 
     local, Tribal, or territorial law;
       ``(ii) necessary for the purpose of any litigation; or
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security or protection 
     operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by an unmanned aircraft system or unmanned aircraft; 
     and

       ``(D) the communication is not disclosed outside the agency 
     or entity unless the disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) would support the Department of Defense, a Federal 
     law enforcement, intelligence, or security agency, or a 
     State, local, Tribal, or territorial law enforcement agency;
       ``(iii) would support the enforcement activities of a 
     Federal regulatory agency in connection with a criminal or 
     civil investigation of, or any regulatory, statutory, or 
     other enforcement action relating to, an action described in 
     subsection (e);
       ``(iv) is to the Department or the Department of Justice in 
     the course of a security or protection operation of either 
     the Department or the Department of Justice, or a joint 
     operation of the Department and Department of Justice; or
       ``(v) is otherwise required by law.
       ``(k) Budget.--
       ``(1) In general.--The Secretary and the Attorney General 
     shall submit to Congress, as a part of the homeland security 
     or justice budget materials for each fiscal year after fiscal 
     year 2024, a consolidated funding display that identifies the 
     funding source for the actions described in subsection (e) 
     within the Department and the Department of Justice.
       ``(2) Classification.--Each funding display submitted under 
     paragraph (1) shall be in unclassified form but may contain a 
     classified annex.
       ``(l) Public Disclosures.--
       ``(1) In general.--Notwithstanding any provision of State, 
     local, Tribal, or territorial law, information shall be 
     governed by the disclosure obligations set forth in section 
     552 of title 5, United States Code (commonly known as the 
     `Freedom of Information Act'), if the information relates 
     to--
       ``(A) any capability, limitation, or sensitive detail of 
     the operation of any technology used to carry out an action 
     described in subsection (e)(1) of this section; or
       ``(B) an operational procedure or protocol used to carry 
     out this section.
       ``(2) State, local, tribal, or territorial agency use.--
       ``(A) Control.--Information described in paragraph (1) that 
     is obtained by a State, local, Tribal, or territorial law 
     enforcement agency from a Federal agency under this section--
       ``(i) shall remain subject to the control of the Federal 
     agency, notwithstanding that the State, local, Tribal, or 
     territorial law enforcement agency has the information 
     described in paragraph (1) in the possession of the State, 
     local, Tribal, or territorial law enforcement agency; and
       ``(ii) shall not be subject to any State, local, Tribal, or 
     territorial law authorizing or requiring disclosure of the 
     information described in paragraph (1).
       ``(B) Access.--Any request for public access to information 
     described in paragraph (1) shall be submitted to the 
     originating Federal agency, which shall process the request 
     as required under section 552(a)(3) of title 5, United States 
     Code.
       ``(m) Assistance and Support.--
       ``(1) Facilities and services of other agencies and non-
     federal entities.--
       ``(A) In general.--The Secretary and the Attorney General 
     are authorized to use or accept from any other Federal 
     agency, or any other public or private entity, any supply or 
     service to facilitate or carry out any action described in 
     subsection (e).
       ``(B) Reimbursement.--In accordance with subparagraph (A), 
     the Secretary and the Attorney General may accept any supply 
     or service with or without reimbursement to the entity 
     providing the supply or service and notwithstanding any 
     provision of law that would prevent the use or acceptance of 
     the supply or service.
       ``(C) Agreements.--To implement the requirements of 
     subsection (a)(5)(C), the Secretary or the Attorney General 
     may enter into 1 or more agreements with the head of another 
     executive agency or with an appropriate official of a non-
     Federal public or private agency or entity, as may be 
     necessary and proper to carry out the responsibilities of the 
     Secretary and Attorney General under this section.
       ``(2) Mutual support.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary and the Attorney General are authorized to provide 
     support or assistance, upon the request of a Federal agency 
     or department conducting--
       ``(i) a mission described in subsection (a)(5)(C);
       ``(ii) a mission described in section 130i of title 10, 
     United States Code; or
       ``(iii) a mission described in section 4510 of the Atomic 
     Energy Defense Act (50 U.S.C. 2661).
       ``(B) Requirements.--Any support or assistance provided by 
     the Secretary or the Attorney General shall only be granted--
       ``(i) for the purpose of fulfilling the roles and 
     responsibilities of the Federal agency or department that 
     made the request for the mission for which the request was 
     made;
       ``(ii) when exigent circumstances exist;
       ``(iii) for a specified duration and location;
       ``(iv) within available resources;
       ``(v) on a non-reimbursable basis; and
       ``(vi) in coordination with the Administrator of the 
     Federal Aviation Administration.
       ``(n) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning 180 days 
     after the date of enactment of the Safeguarding the Homeland 
     from the Threats Posed by Unmanned Aircraft Systems Act of 
     2024, the Secretary and the Attorney General shall each 
     provide a briefing to the appropriate committees of Congress 
     on the activities carried out pursuant to this section.
       ``(2) Requirement.--The Secretary and the Attorney General 
     each shall conduct the briefing required under paragraph (1) 
     jointly with the Secretary of Transportation.
       ``(3) Content.--Each briefing required under paragraph (1) 
     shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of activities carried out pursuant to this 
     section to the national airspace system and other critical 
     infrastructure relating to national transportation;
       ``(B) a description of--
       ``(i) each instance in which any action described in 
     subsection (e) has been taken, including any instances that 
     may have resulted in harm, damage, or loss to a person or to 
     private property;
       ``(ii) the guidance, policies, or procedures established by 
     the Secretary or the Attorney General to address privacy, 
     civil rights, and civil liberties issues implicated by the 
     actions permitted under this section, as well as any changes 
     or subsequent efforts by the

[[Page S3286]]

     Secretary or the Attorney General that would significantly 
     affect privacy, civil rights, or civil liberties;
       ``(iii) options considered and steps taken by the Secretary 
     or the Attorney General to mitigate any identified impacts to 
     the national airspace system relating to the use of any 
     system or technology, including the minimization of the use 
     of any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (e)(2); and
       ``(iv) each instance in which a communication intercepted 
     or acquired during the course of operations of an unmanned 
     aircraft system or unmanned aircraft was--

       ``(I) held in the possession of the Department or the 
     Department of Justice for more than 180 days; or
       ``(II) shared with any entity other than the Department or 
     the Department of Justice;

       ``(C) an explanation of how the Secretary, the Attorney 
     General, and the Secretary of Transportation have--
       ``(i) informed the public as to the possible use of 
     authorities granted under this section; and
       ``(ii) engaged with Federal, State, local, Tribal, and 
     territorial law enforcement agencies to implement and use 
     authorities granted under this section;
       ``(D) an assessment of whether any gaps or insufficiencies 
     remain in laws, regulations, and policies that impede the 
     ability of the Federal Government or State, local, Tribal, 
     and territorial governments and owners or operators of 
     critical infrastructure to counter the threat posed by the 
     malicious use of unmanned aircraft systems and unmanned 
     aircraft;
       ``(E) an assessment of efforts to integrate unmanned 
     aircraft system threat assessments within National Special 
     Security Event and Special Event Assessment Rating event 
     planning and protection efforts;
       ``(F) recommendations to remedy any gaps or insufficiencies 
     described in subparagraph (D), including recommendations 
     relating to necessary changes in law, regulations, or 
     policies;
       ``(G) a description of the impact of the authorities 
     granted under this section on--
       ``(i) lawful operator access to national airspace; and
       ``(ii) unmanned aircraft systems and unmanned aircraft 
     integration into the national airspace system; and
       ``(H) a summary from the Secretary of any data and results 
     obtained pursuant to subsection (r), including an assessment 
     of--
       ``(i) how the details of the incident were obtained; and
       ``(ii) whether the operation involved a violation of 
     Federal Aviation Administration aviation regulations.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(5) Notification.--
       ``(A) In general.--Not later than 30 days after an 
     authorized department, agency, or owner or operator of an 
     airport or critical infrastructure deploys any new technology 
     to carry out the actions described in subsection (e), the 
     Secretary and the Attorney General shall, individually or 
     jointly, as appropriate, submit a notification of the 
     deployment to the appropriate committees of Congress.
       ``(B) Contents.--Each notification submitted pursuant to 
     subparagraph (A) shall include a description of options 
     considered to mitigate any identified impacts to the national 
     airspace system relating to the use of any system or 
     technology, including the minimization of the use of any 
     technology that disrupts the transmission of radio or 
     electronic signals in carrying out the actions described in 
     subsection (e).
       ``(o) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) vest in the Secretary, the Attorney General, or any 
     State, local, Tribal, or territorial law enforcement agency 
     that is authorized under subsection (c) or designated under 
     subsection (d)(2) any authority of the Secretary of 
     Transportation or the Administrator of the Federal Aviation 
     Administration;
       ``(2) vest in the Secretary of Transportation, the 
     Administrator of the Federal Aviation Administration, or any 
     State, local, Tribal, or territorial law enforcement agency 
     designated under subsection (d)(2) any authority of the 
     Secretary or the Attorney General;
       ``(3) vest in the Secretary any authority of the Attorney 
     General;
       ``(4) vest in the Attorney General any authority of the 
     Secretary; or
       ``(5) provide a new basis of liability with respect to an 
     officer of a State, local, Tribal, or territorial law 
     enforcement agency designated under subsection (d)(2) or who 
     participates in the protection of a mass gathering identified 
     by the Secretary or Attorney General under subsection 
     (a)(5)(C)(iii)(II), who--
       ``(A) is acting in the official capacity of the individual 
     as an officer; and
       ``(B) does not exercise the authority granted to the 
     Secretary and the Attorney General by this section.
       ``(p) Termination.--
       ``(1) Termination of additional limited authority for 
     detection, identification, monitoring, and tracking.--The 
     authority to carry out any action authorized under subsection 
     (c), if performed by a non-Federal entity, shall terminate on 
     the date that is 5 years and 6 months after the date of 
     enactment of the Safeguarding the Homeland from the Threats 
     Posed by Unmanned Aircraft Systems Act of 2024 and the 
     authority under the pilot program established under 
     subsection (d) shall terminate as provided for in paragraph 
     (3) of that subsection.
       ``(2) Termination of authorities with respect to covered 
     facilities and assets.--The authority to carry out this 
     section with respect to a covered facility or asset shall 
     terminate on the date that is 7 years after the date of 
     enactment of the Safeguarding the Homeland from the Threats 
     Posed by Unmanned Aircraft Systems Act of 2024.
       ``(q) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Secretary or the Attorney General 
     with any additional authority other than the authorities 
     described in subsections (a)(5)(C)(iii), (b), (c), (d), (f), 
     (m), and (r).
       ``(r) United States Government Database.--
       ``(1) Authorization.--The Department is authorized to 
     develop a Federal database to enable the transmission of data 
     concerning security-related incidents in the United States 
     involving unmanned aircraft and unmanned aircraft systems 
     between Federal, State, local, Tribal, and territorial law 
     enforcement agencies for purposes of conducting analyses of 
     such threats in the United States.
       ``(2) Policies, plans, and procedures.--
       ``(A) Coordination and consultation.--Before implementation 
     of the database developed under paragraph (1), the Secretary 
     shall develop policies, plans, and procedures for the 
     implementation of the database--
       ``(i) in coordination with the Attorney General, the 
     Secretary of Defense, and the Secretary of Transportation 
     (acting through the Administrator of the Federal Aviation 
     Administration); and
       ``(ii) in consultation with State, local, Tribal, and 
     territorial law enforcement agency representatives, including 
     representatives of fusion centers.
       ``(B) Reporting.--The policies, plans, and procedures 
     developed under subparagraph (A) shall include criteria for 
     Federal, State, local, Tribal, and territorial reporting of 
     unmanned aircraft systems or unmanned aircraft incidents.
       ``(C) Data retention.--The policies, plans, and procedures 
     developed under subparagraph (A) shall ensure that data on 
     security-related incidents in the United States involving 
     unmanned aircraft and unmanned aircraft systems that is 
     retained as criminal intelligence information is retained 
     based on the reasonable suspicion standard, as permitted 
     under part 23 of title 28, Code of Federal Regulations.''.
                                 ______
                                 
  SA 1933. Mrs. FISCHER submitted an amendment intended to be proposed 
by her to the bill H.R. 3935, to amend title 49, United States Code, to 
reauthorize and improve the Federal Aviation Administration and other 
civil aviation programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RAILROAD EMPLOYEE EQUITY AND FAIRNESS.

       (a) Short Title.--This section may be cited as the 
     ``Railroad Employee Equity and Fairness Act'' or the ``REEF 
     Act''.
       (b) Treatment of Payments From the Railroad Unemployment 
     Insurance Account.--Section 235 of the Continued Assistance 
     to Rail Workers Act of 2020 (subchapter III of title II of 
     division N of Public Law 116-260; 2 U.S.C. 906 note) is 
     amended--
       (1) in subsection (b)--
       (A) by striking paragraphs (1) and (2); and
       (B) by striking ``subsection (a)--'' and inserting 
     ``subsection (a) shall take effect 7 days after the date of 
     enactment of the Continued Assistance to Rail Workers Act of 
     2020.''; and
       (2) by striking subsection (c).
       (c) Applicability.--The amendments made by subsection (b) 
     shall apply as if enacted on the day before the date on which 
     the national emergency concerning the novel coronavirus 
     disease (COVID-19) outbreak declared by the President on 
     March 13, 2020, under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) terminates.
                                 ______
                                 
  SA 1934. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       After section 710, insert the following:

     SEC. 710A. PILOT PROGRAM FOR SOUND INSULATION REPAIR AND 
                   REPLACEMENT.

       (a) Government Share.--Section 47109 of title 49, United 
     States Code, as amended by section 708, is further amended by 
     adding at the end the following:
       ``(i) Special Rule for Sound Insulation Repair and 
     Replacement.--With respect to a project to carry out sound 
     insulation that is granted a waiver under section 47110(j), 
     the allowable project cost for such project shall be 
     calculated without consideration of any

[[Page S3287]]

     costs that were previously paid by the Government.''.
       (b) Sound Insulation Treatment Repair and Replacement 
     Projects.--Section 47110 of title 49, United States Code, as 
     amended by section 710, is further amended by adding at the 
     end the following:
       ``(j) Pilot Program for Sound Insulation Repair and 
     Replacements.--
       ``(1) In general.--Within 120 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish a pilot program at up 
     to 4 large hub public-use airports for local airport 
     operators that have established a local program to fund 
     secondary noise using non-aeronautical revenue that provides 
     a one-time waiver of the requirement of subsection (b)(4) for 
     a qualifying airport as applied to projects to carry out 
     repair and replacement of sound insulation for a residential 
     building for which the airport previously received Federal 
     assistance or Federally authorized airport assistance under 
     this subchapter if--
       ``(A) the Secretary determines that the additional 
     assistance is justified due to the residence containing any 
     sound insulation treatment or other type of sound proofing 
     material previously installed under this subchapter that is 
     determined to be eligible pursuant to paragraph (2); and
       ``(B) the residence--
       ``(i) falls within the Day Night Level (DNL) of 65 to 75 
     decibel (dB) noise contours, according to the most recent 
     noise exposure map (as such term is defined in section 150.7 
     of title 14, Code of Federal Regulations) available as of the 
     date of enactment of this subsection;
       ``(ii) fell within such noise contours at the time the 
     initial sound insulation treatment was installed, but a 
     qualified noise auditor has determined that--

       ``(I) such sound insulation treatment caused physical 
     damage to the residence; or
       ``(II) the materials used for sound insulation treatment 
     were of low quality and have deteriorated, broken, or 
     otherwise no longer function as intended; and

       ``(iii) is shown through testing that current interior 
     noise levels exceed DNL 45 dB, and the new insulation would 
     have the ability to achieve a 5 dB noise reduction;
       ``(2) Eligibility determination.--To be eligible for waiver 
     under this subsection for repair or replacement of sound 
     insulation treatment projects, an applicant shall--
       ``(A) ensure that the applicant and the property owner have 
     made a good faith effort to exhaust any amounts available 
     through warranties, insurance coverage, and legal remedies 
     for the sound insulation treatment previously installed on 
     the eligible residence;
       ``(B) verify the sound insulation treatment for which 
     Federal assistance was previously provided was installed 
     prior to the year 2002; and
       ``(C) demonstrate that a qualified noise auditor, based on 
     an inspection of the residence, determined that--
       ``(i) the sound insulation treatment for which Federal 
     assistance was previously provided has resulted in structural 
     deterioration that was not caused by failure of the property 
     owner to repair or adequately maintain the residential 
     building or through the negligence of the applicant or the 
     property owner; and
       ``(ii) the condition of the sound insulation treatment 
     described in subparagraph (A) is not attributed to actions 
     taken by an owner or occupant of the residence.
       ``(3) Additional authority for surveys.--Notwithstanding 
     any other provision of law, the Secretary shall consider a 
     cost allowable under this subchapter for an airport to 
     conduct periodic surveys of properties in which repair and 
     replacement of sound insulation treatment was carried out as 
     described in paragraph (1) and for which the airport 
     previously received Federal assistance or Federally 
     authorized airport assistance under this subchapter. The 
     surveys shall be conducted only for those properties for 
     which the airport has identified a property owner who is 
     interested in having a survey be undertaken to assess the 
     current effectiveness of the sound insulation treatment. Such 
     surveys shall be carried out to identify any properties 
     described in the preceding sentence that are eligible for 
     funds under this subsection.''.
                                 ______
                                 
  SA 1935. Mr. CORNYN (for himself and Ms. Hassan) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NOTICE OF FUNDING OPPORTUNITY TRANSPARENCY.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency''--
       (A) has the meaning given the term ``Executive agency'' in 
     section 105 of title 5, United States Code; and
       (B) does not include the Government Accountability Office.
       (2) Competitive grant.--The term ``competitive grant'' 
     means a discretionary award (as defined in section 200.1 of 
     title 2, Code of Federal Regulations) awarded by an agency--
       (A) through a grant agreement or cooperative agreement 
     under which the agency makes payment in cash or in kind to a 
     recipient to carry out a public purpose authorized by law; 
     and
       (B) the recipient of which is selected from a pool of 
     applicants through the use of merit-based selection 
     procedures for the purpose of allocating funds authorized 
     under a grant program of the agency.
       (3) Evaluation or selection criteria.--The term 
     ``evaluation or selection criteria'' means standards or 
     principles for judging, evaluating, or selecting an 
     application for a competitive grant.
       (4) Notice of funding opportunity.--The term ``notice of 
     funding opportunity'' has the meaning given the term in 
     section 200.1 of title 2, Code of Federal Regulations.
       (5) Rating system.--The term ``rating system''--
       (A) means a system of evaluation of competitive grant 
     applications to determine how such applications advance 
     through the selection process; and
       (B) includes--
       (i) a merit criteria rating rubric;
       (ii) an evaluation of merit criteria;
       (iii) a methodology to evaluate and rate based on a point 
     scale; and
       (iv) an evaluation to determine whether a competitive grant 
     application meets evaluation or selection criteria.
       (b) Transparency Requirements.--Each notice of funding 
     opportunity issued by an agency for a competitive grant shall 
     include--
       (1) a description of any rating system and evaluation and 
     selection criteria the agency uses to assess applications for 
     the competitive grant;
       (2) a statement of whether the agency uses a weighted 
     scoring method and a description of any weighted scoring 
     method the agency uses for the competitive grant, including 
     the amount by which the agency weights each criterion; and
       (3) any other qualitative or quantitative merit-based 
     approach the agency uses to evaluate an application for the 
     competitive grant.
       (c) Applications; Data Elements.--
       (1) In general.--The Director of the Office of Management 
     and Budget, in coordination with the Executive department 
     designated under section 6402(a)(1) of title 31, United 
     States Code, shall develop data elements relating to grant 
     applications to ensure common reporting by each agency with 
     respect to applications received in response to each notice 
     of funding opportunity of the agency.
       (2) Contents.--The data elements developed under paragraph 
     (1) shall include--
       (A) the number of applications received; and
       (B) the city and State of each organization that submitted 
     an application.
       (d) Rule of Construction.--With respect to a particular 
     competitive grant, nothing in this Act shall be construed to 
     supersede any requirement with respect to a notice of funding 
     opportunity for the competitive grant in a law that 
     authorizes the competitive grant.
       (e) No Additional Funds.--No additional funds are 
     authorized to be appropriated for the purpose of carrying out 
     this Act.
       (f) Effective Date.--
       (1) In general.--This Act shall take effect on the date 
     that is 120 days after the date of enactment of this Act.
       (2) No retroactive effect.--This Act shall not apply to a 
     notice of funding opportunity issued before the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1936. Mr. MARSHALL (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed to amendment SA 1911 submitted by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) and 
intended to be proposed to the bill H.R. 3935, to amend title 49, 
United States Code, to reauthorize and improve the Federal Aviation 
Administration and other civil aviation programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CREDIT CARD COMPETITION.

       (a) Short Title.--This section may be cited as the ``Credit 
     Card Competition Act of 2024''.
       (b) Competition in Credit Card Transactions.--
       (1) In general.--Section 921 of the Electronic Fund 
     Transfer Act (15 U.S.C. 1693o-2) is amended--
       (A) in subsection (b)--
       (i) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (ii) by inserting after paragraph (1) the following:
       ``(2) Competition in credit card transactions.--
       ``(A) No exclusive network.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Credit Card Competition Act of 2024, the 
     Board shall prescribe regulations providing that a covered 
     card issuer or payment card network shall not directly or 
     through any agent, processor, or licensed member of a payment 
     card network, by contract, requirement, condition, penalty, 
     technological specification,

[[Page S3288]]

     or otherwise, restrict the number of payment card networks on 
     which an electronic credit transaction may be processed to--

       ``(I) 1 such network;
       ``(II) 2 or more such networks, if--

       ``(aa) each such network is owned, controlled, or otherwise 
     operated by--
       ``(AA) affiliated persons; or
       ``(BB) networks affiliated with such issuer; or
       ``(bb) any such network is identified on the list 
     established and updated under subparagraph (D); or

       ``(III) subject to clause (ii), the 2 such networks that 
     hold the 2 largest market shares with respect to the number 
     of credit cards issued in the United States by licensed 
     members of such networks (and enabled to be processed through 
     such networks), as determined by the Board on the date on 
     which the Board prescribes the regulations.

       ``(ii) Determinations by board.--

       ``(I) In general.--The Board, not later than 3 years after 
     the date on which the regulations prescribed under clause (i) 
     take effect, and not less frequently than once every 3 years 
     thereafter, shall determine whether the 2 networks identified 
     under clause (i)(III) have changed, as compared with the most 
     recent such determination by the Board.
       ``(II) Effect of determination.--If the Board, under 
     subclause (I), determines that the 2 networks described in 
     clause (i)(III) have changed (as compared with the most 
     recent such determination by the Board), clause (i)(III) 
     shall no longer have any force or effect.

       ``(B) No routing restrictions.--Not later than 1 year after 
     the date of enactment of the Credit Card Competition Act of 
     2024, the Board shall prescribe regulations providing that a 
     covered card issuer or payment card network shall not--
       ``(i) directly or through any agent, processor, or licensed 
     member of the network, by contract, requirement, condition, 
     penalty, or otherwise--

       ``(I) inhibit the ability of any person who accepts credit 
     cards for payments to direct the routing of electronic credit 
     transactions for processing over any payment card network 
     that--

       ``(aa) may process such transactions; and
       ``(bb) is not on the list established and updated by the 
     Board under subparagraph (D);

       ``(II) require any person who accepts credit cards for 
     payments to exclusively use, for transactions associated with 
     a particular credit card, an authentication, tokenization, or 
     other security technology that cannot be used by all of the 
     payment card networks that may process electronic credit 
     transactions for that particular credit card; or
       ``(III) inhibit the ability of another payment card network 
     to handle or process electronic credit transactions using an 
     authentication, tokenization, or other security technology 
     for the processing of those electronic credit transactions; 
     or

       ``(ii) impose any penalty or disadvantage, financial or 
     otherwise, on any person for--

       ``(I) choosing to direct the routing of an electronic 
     credit transaction over any payment card network on which the 
     electronic credit transaction may be processed; or
       ``(II) failing to ensure that a certain number, or 
     aggregate dollar amount, of electronic credit transactions 
     are handled by a particular payment card network.

       ``(C) Applicability.--The regulations prescribed under 
     subparagraphs (A) and (B) shall not apply to a credit card 
     issued in a 3-party payment system model.
       ``(D) Designation of national security risks.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Credit Card Competition Act of 2024, the 
     Board, in consultation with the Secretary of the Treasury, 
     shall prescribe regulations to establish a public list of any 
     payment card network--

       ``(I) the processing of electronic credit transactions by 
     which is determined by the Board to pose a risk to the 
     national security of the United States; or
       ``(II) that is owned, operated, or sponsored by a foreign 
     state entity.

       ``(ii) Updating of list.--Not less frequently than once 
     every 2 years after the date on which the Board establishes 
     the public list required under clause (i), the Board, in 
     consultation with the Secretary of the Treasury, shall update 
     that list.
       ``(E) Definitions.--In this paragraph--
       ``(i) the terms `card issuer' and `creditor' have the 
     meanings given the terms in section 103 of the Truth in 
     Lending Act (15 U.S.C. 1602);
       ``(ii) the term `covered card issuer' means a card issuer 
     that, together with the affiliates of the card issuer, has 
     assets of more than $100,000,000,000;
       ``(iii) the term `credit card issued in a 3-party payment 
     system model' means a credit card issued by a card issuer 
     that is--

       ``(I) the payment card network with respect to the credit 
     card; or
       ``(II) under common ownership with the payment card network 
     with respect to the credit card;

       ``(iv) the term `electronic credit transaction'--

       ``(I) means a transaction in which a person uses a credit 
     card; and
       ``(II) includes a transaction in which a person does not 
     physically present a credit card for payment, including a 
     transaction involving the entry of credit card information 
     onto, or use of credit card information in conjunction with, 
     a website interface or a mobile telephone application; and

       ``(v) the term `licensed member' includes, with respect to 
     a payment card network--

       ``(I) a creditor or card issuer that is authorized to issue 
     credit cards bearing any logo of the payment card network; 
     and
       ``(II) any person, including any financial institution and 
     any person that may be referred to as an `acquirer', that is 
     authorized to--

       ``(aa) screen and accept any person into any program under 
     which that person may accept, for payment for goods or 
     services, a credit card bearing any logo of the payment card 
     network;
       ``(bb) process transactions on behalf of any person who 
     accepts credit cards for payments; and
       ``(cc) complete financial settlement of any transaction on 
     behalf of a person who accepts credit cards for payments.''; 
     and
       (B) in subsection (d)(1), by inserting ``, except that the 
     Bureau shall not have authority to enforce the requirements 
     of this section or any regulations prescribed by the Board 
     under this section'' after ``section 918''.
       (2) Effective date.--Each set of regulations prescribed by 
     the Board of Governors of the Federal Reserve System under 
     paragraph (2) of section 921(b) of the Electronic Fund 
     Transfer Act (15 U.S.C. 1693o-2(b)), as amended by paragraph 
     (1) of this subsection, shall take effect on the date that is 
     180 days after the date on which the Board prescribes the 
     final version of that set of regulations.
                                 ______
                                 
  SA 1937. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REGULATION OF ZOOTECHNICAL ANIMAL FOOD SUBSTANCES.

       (a) Definition.--Section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321) is amended by adding at the end 
     the following:
       ``(tt)(1) The term `zootechnical animal food substance' 
     means a substance that--
       ``(A) is added to the food or drinking water of animals;
       ``(B) is intended to--
       ``(i) affect the byproducts of the digestive process of an 
     animal;
       ``(ii) reduce the presence of foodborne pathogens of human 
     health significance in an animal intended to be used for 
     food; or
       ``(iii) affect the structure or function of the body of the 
     animal, other than by providing nutritive value, by altering 
     the animal's gastrointestinal microbiome; and
       ``(C) achieves its intended effect by acting solely within 
     the gastrointestinal tract of the animal.
       ``(2) Such term does not include a substance that--
       ``(A) is intended for use in the diagnosis, cure, 
     mitigation, treatment, or prevention of disease in an animal;
       ``(B) is a hormone;
       ``(C) is an active moiety in an animal drug, which, prior 
     to the filing of a petition under section 409 was approved 
     under section 512, conditionally approved under section 571, 
     indexed under section 572, or for which substantial clinical 
     investigations have been instituted and for which the 
     existence of such investigations has been made public;
       ``(D) is an ionophore; or
       ``(E) is otherwise excluded from the definition based on 
     criteria established by the Secretary through notice and 
     comment rulemaking.
       ``(3) A zootechnical animal food substance shall be deemed 
     to be a food additive within the meaning of paragraph (s) and 
     its introduction into interstate commerce shall be in 
     accordance with a regulation issued under section 409. A 
     zootechnical animal food substance shall not be considered a 
     drug under paragraph (g)(1)(C) solely because the substance 
     has an intended effect described in subparagraph (1).''.
       (b) Food Additives.--Section 409 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 348) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) In the case of a zootechnical animal food substance, 
     such petition shall, in addition to any explanatory or 
     supporting data, contain--
       ``(A) all relevant data bearing on the effect the 
     zootechnical animal food substance is intended to have and 
     the quantity of such substance required to produce the 
     intended effect; and
       ``(B) full reports of investigations made with respect to 
     the intended use of such substance, including full 
     information as to the methods and controls used in conducting 
     such investigations.'';
       (2) in subsection (c)--
       (A) by amending subparagraph (A) of paragraph (1) to read 
     as follows:
       ``(A)(i) by order establish a regulation (whether or not in 
     accord with that proposed by the petitioner) prescribing--

[[Page S3289]]

       ``(I) with respect to one or more proposed uses of the food 
     additive involved, the conditions under which such additive 
     may be safely used (including specifications as to the 
     particular food or classes of food in or on which such 
     additive may be used, the maximum quantity which may be used 
     or permitted to remain in or on such food, the manner in 
     which such additive may be added to or used in or on such 
     food, and any directions or other labeling or packaging 
     requirements for such additive as the Secretary determines 
     necessary to assure the safety of such use); and
       ``(II) in the case of a zootechnical animal food substance, 
     the conditions under which such substance may be used to 
     achieve the intended effect; and
       ``(ii) notify the petitioner of such order and the reasons 
     for such action; or''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking ``; or'' and inserting 
     a semicolon;
       (ii) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) in the case of a zootechnical animal food substance, 
     fails to establish that the proposed use of the substance, 
     under the conditions of use to be specified in the 
     regulation, will achieve the intended effect.''; and
       (3) by adding at the end the following:
       ``(l) Zootechnical Animal Food Substances.--The labeling of 
     a zootechnical animal food substance--
       ``(1) shall include the statement: `Not for use in the 
     diagnosis, cure, mitigation, treatment, or prevention of 
     disease in animals.'; and
       ``(2) may include statements regarding the intended effect 
     of the substance on the structure or function of the body of 
     animals, as set forth in section 201(tt)(1).''.
       (c) Misbranded Food.--Section 403 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding 
     at the end the following:
       ``(z) If it is a zootechnical animal food substance and the 
     labeling of the food does not include the statement required 
     by section 409(l)(1).''.
       (d) Rule of Construction.--Nothing in this section, or the 
     amendments made by this section, shall be construed to 
     authorize the Secretary of Health and Human Services to 
     require the use of any zootechnical food substance or food 
     additive (as those terms are defined in section 201 of the 
     Federal Food, Drug, and Cosmetic Act, as amended by 
     subsection (a)).
                                 ______
                                 
  SA 1938. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title X, add the following:

     SEC. 1033. SUSTAINABLE AVIATION FUEL WORKING GROUP.

       (a) Establishment.--The Administrator shall establish a 
     Sustainable Aviation Fuel Working Group (in this section, 
     referred to as the ``Working Group'').
       (b) Membership.--In establishing the Working Group, the 
     Administrator shall appoint members representing the 
     following:
       (1) The Bioenergy Technologies Office of the Department of 
     Energy.
       (2) The Department of Agriculture.
       (3) The commercial aviation alternative fuels initiative.
       (4) The FAA.
       (5) The national labs.
       (6) At least 4 current or future sustainable aviation fuel 
     producers representing 4 of the currently approved ASTM D7566 
     sustainable aviation fuel production pathways.
       (7) A biorefinery.
       (8) An engine original equipment manufacturer.
       (9) Agriculture research universities.
       (c) Report.--
       (1) Congress.--Not later than 1 year after the date of 
     enactment of this Act, the Working Group shall submit to the 
     appropriate committees of Congress a report that identifies 
     the research and development needs for each partner and 
     cross-fertilization program across Federal agencies necessary 
     for cost-competitive and equivalent safety compared to 
     petroleum-based jet fuel, while offering improved 
     sustainability and energy supply security for aviation.
       (2) IRS.--Not later than 3 months after the date of 
     enactment of this Act, the Working Group shall submit to the 
     Internal Revenue Service a report that identifies regulatory 
     changes needed to successfully implement the Section 40B 
     Sustainable Aviation Fuel Tax Credit and the Section 45Z 
     Clean Fuel Production Credit and ensure agricultural derived 
     biofuels are able to satisfy Sustainable Aviation Fuel 
     demand.
                                 ______
                                 
  SA 1939. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT PROHIBITION ON OPERATIONS AT REAGAN 
                   WASHINGTON NATIONAL AIRPORT FOR AIR CARRIERS 
                   THAT PROVIDE, OR FACILITATE THE PROVISION OF, 
                   TRANSPORTATION OF ANY ALIEN USING THE CBP ONE 
                   MOBILE APPLICATION FOR THE PURPOSES OF 
                   IDENTIFICATION.

       (a) In General.--Chapter 491 of title 49, United States 
     Code, is amended by inserting after section 49109 the 
     following new section:

     ``Sec. 49109A. Permanent prohibition on operations at Reagan 
       Washington National Airport for air carriers that transport 
       any alien using the CBP One Mobile Application for the 
       purposes of identification

       ``An air carrier may not operate an aircraft in air 
     transportation between Reagan Washington National Airport and 
     any other airport if the air carrier has provided, or 
     facilitated the provision of, transportation of any alien 
     using the CBP One Mobile Application for the purposes of 
     identification.''.
       (b) Clerical Amendment.--The analysis for chapter 491 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 49109 the following:
       

``49109A. Permanent prohibition on operations at Reagan Washington 
              National Airport for air carriers that transport any 
              alien using the CBP One Mobile Application for the 
              purposes of identification.''.
                                 ______
                                 
  SA 1940. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ORGANIC OR NONORGANIC WHOLE MILK PERMISSIBLE.

       Section 9(a)(2) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1758(a)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``milk.'' in the first 
     sentence and all that follows through the semicolon at the 
     end and inserting ``milk;''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) may offer students flavored and unflavored organic 
     or nonorganic whole, reduced-fat, low-fat, and fat-free fluid 
     milk and lactose-free fluid milk; and''; and
       (2) by adding at the end the following:
       ``(D) Saturated fat.--Milk fat included in any fluid milk 
     provided under subparagraph (A) shall not be considered to be 
     saturated fat for purposes of determining compliance with the 
     allowable average saturated fat content of a meal under 
     section 210.10 of title 7, Code of Federal Regulations (or a 
     successor regulation).
       ``(E) Prohibition on certain purchases.--The Secretary 
     shall prohibit schools participating in the school lunch 
     program under this Act from purchasing or offering milk 
     produced by any state-owned enterprise of the People's 
     Republic of China.
       ``(F) Limitation on authority.--The Secretary may not 
     prohibit any school participating in the school lunch program 
     under this Act from offering students milk described in 
     subparagraph (A)(ii).''.
                                 ______
                                 
  SA 1941. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     TITLE __--RADIATION EXPOSURE COMPENSATION REAUTHORIZATION ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Radiation Exposure 
     Compensation Reauthorization Act''.

                  Subtitle A--Manhattan Project Waste

     SEC. __11. SHORT TITLE.

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

     SEC. __12. 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:

[[Page S3290]]

     ``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 37716, 
     37840, 37719, 37748, 37763, 37828, 37769, 37710, 37845, 
     37887, 37829, 37854, 37830, and 37831;
       ``(3) in the State of Alaska, the ZIP Codes of 99546 and 
     99547;
       ``(4) in the State of Kentucky, the ZIP Codes of 42001, 
     42003, 42053, and 42086;
       ``(5) in the State of Ohio, the ZIP Codes of 45002, 45013, 
     45014, 45030, 45053, 45247, 45251, 45252, 45613, 45648, 
     45661, and 45690;
       ``(6) in the State of Pennsylvania, the ZIP Codes of 15641, 
     15656, and 15960; and
       ``(7) in the State of Washington, the ZIP Codes of 98832, 
     98837, 98857, 98930, 98944, 99105, 99144, 99159, 99169, 
     99301, 99320, 99321, 99323, 99324, 99326, 99330, 99333, 
     99335, 99336, 99337, 99338, 99341, 99343, 99344, 99345, 
     99346, 99348, 99349, 99350, 99352, 99353, 99354, 99357, 
     99359, 99360, 99361, 99362, 99363, and 99371.
       ``(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) bone;
       ``(xvi) renal;
       ``(xvii) liver, except if cirrhosis or hepatitis B is 
     indicated; or
       ``(xviii) 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. __13. CONTRACTS TO SUPPORT HUMAN AND ECOLOGICAL HEALTH 
                   AT AMCHITKA, ALASKA, SITE.

       (a) In General.--In awarding contracts to carry out the 
     Long-Term Surveillance Plan, the Secretary of Energy, acting 
     through the Director of the Office of Legacy Management, 
     shall give preference to eligible associations.
       (b) Requirements.--A contract awarded to an eligible 
     association by the Secretary of Energy to carry out the Long-
     Term Surveillance Plan shall require that the eligible 
     association--
       (1) engage in stakeholder engagement; and
       (2) 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.
       (3) Long-term surveillance plan.--The term ``Long-Term 
     Surveillance Plan'' means the plan entitled ``Long-Term 
     Surveillance Plan for the Amchitka, Alaska, Site'', published 
     by the Office of Legacy Management of the Department of 
     Energy in July 2014.

 Subtitle B-- Compensation for Workers Involved in Uranium Mining and 
       Individuals Living Downwind of Atmospheric Nuclear Testing

     SEC. __21. SHORT TITLE.

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

     SEC. __22. REFERENCES.

       Except as otherwise specifically provided, whenever in this 
     subtitle 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. __23. EXTENSION OF FUND.

       Section 3(d) is amended--
       (1) by striking the first sentence and inserting ``The Fund 
     shall terminate 6 years after the date of the enactment of 
     the Radiation Exposure Compensation Act Amendments of 
     2024.''; and

[[Page S3291]]

       (2) by striking ``2-year'' and inserting ``6-year''.

     SEC. __24. 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 $100,000.''.
       (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 ``$100,000''.
       (f) 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.''.
       (g) 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. __25. 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. __26. 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 (as 
     defined in section 4(b)(1)) 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--

[[Page S3292]]

       (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. __27. LIMITATION ON CLAIMS.

       (a) Extension of Filing Time.--Section 8(a) is amended--
       (1) by striking ``2 years'' and inserting ``5 years''; and
       (2) by striking ``RECA Extension Act of 2022'' and 
     inserting ``Radiation Exposure Compensation Act Amendments of 
     2024''.
       (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. __28. 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. __29. 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

[[Page S3293]]

     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.''.

     SEC. __30. GAO STUDY AND REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct, and submit to Congress a report describing the 
     results of, a study on the importance of, and need for, unmet 
     medical benefits coverage for individuals who were exposed to 
     radiation in atmospheric nuclear tests conducted by the 
     Federal Government, and recommendations to provide such unmet 
     medical benefits coverage for such individuals.
                                 ______
                                 
  SA 1942. Mr. HAWLEY submitted an amendment intended to be proposed to 
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 428, strike line 13 and all that follows through 
     page 429, line 9, and insert the following:
       ``(a) In General.--In the case of a passenger that holds a 
     nonrefundable ticket on a scheduled flight to, from, or 
     within the United States, an air carrier or a foreign air 
     carrier shall provide a full refund, including any taxes and 
     ancillary fees, for the fare such carrier collected for any 
     cancelled flight or significantly delayed or changed flight 
     where the passenger chooses not to--
       ``(1) fly on the significantly delayed or changed flight or 
     accept rebooking on an alternative flight; or
       ``(2) accept any voucher, credit, or other form of 
     compensation offered by the air carrier or foreign air 
     carrier pursuant to subsection (c).
       ``(b) Timing of Refund.--Any refund required under 
     subsection (a) shall be issued by the air carrier or foreign 
     air carrier--
       ``(1) in the case of a ticket purchased with a credit card, 
     not later than 7 business days after the cancelled flight or 
     significantly delayed or changed flight; or
       ``(2) in the case of a ticket purchased with cash or 
     another form of payment, not later than 20 days after the 
     cancelled flight or significantly delayed or changed flight.
                                 ______
                                 
  SA 1943. Mr. WARNOCK submitted an amendment intended to be proposed 
to amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, 
Ms. Duckworth, and Mr. Moran) and intended to be proposed to the bill 
H.R. 3935, to amend title 49, United States Code, to reauthorize and 
improve the Federal Aviation Administration and other civil aviation 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       After section 702, insert the following:

     SEC. 702A. CLARIFYING AIRPORT REVENUE USE OF LOCAL GENERAL 
                   SALES TAXES.

       (a) Written Assurances on Revenue Use.--Section 47107(b) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(4) This subsection does not apply to local general sales 
     taxes as provided in section 47133(b)(4).''.
       (b) Restriction on Use of Revenues.--Section 47133(b) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(4) Local general sales taxes.--Subsection (a) shall not 
     apply to revenues from generally applicable sales taxes 
     imposed by a local government, provided--
       ``(A) the local government had a generally applicable sales 
     tax that did not exclude aviation fuel in effect prior to 
     December 9, 2014;
       ``(B) the local government is not a sponsor of a public 
     airport; and
       ``(C) a large hub airport, which had more than 35,000,000 
     enplanements in calendar year 2021, is located within the 
     jurisdiction of the local government.''.
  Ms. HASSAN. Madam President, I have 11 requests for committees to 
meet during today's session of the Senate. They have the approval of 
the Majority and Minority Leaders.
  Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the 
Senate, the following committees are authorized to meet during today's 
session of the Senate:


           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

  The Committee on Commerce, Science, and Transportation is authorized 
to meet during the session of the Senate on Wednesday, May 1, 2024, at 
10 a.m., to conduct an executive session.


               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

  The Committee on Environment and Public Works is authorized to meet 
during the session of the Senate on Wednesday, May 1, 2024, at 9:45 
a.m., to conduct a business meeting.


                          COMMITTEE ON FINANCE

  The Committee on Finance is authorized to meet during the session of 
the Senate on Wednesday, May 1, 2024, at 9 a.m., to conduct a hearing.


                     COMMITTEE ON FOREIGN RELATIONS

  The Committee on Foreign Relations is authorized to meet during the 
session of the Senate on Wednesday, May 1, 2024, at 10:30 a.m., to 
conduct a hearing.


        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

  The Committee on Homeland Security and Governmental Affairs is 
authorized to meet during the session of the Senate on Wednesday, May 
1, 2024, at 11:45 a.m., to conduct a business meeting.


                      COMMITTEE ON INDIAN AFFAIRS

  The Committee on Indian Affairs is authorized to meet during the 
session of the Senate on Wednesday, May 1, 2024, at 2:30 p.m., to 
conduct a business meeting.


                     COMMITTEE ON VETERANS' AFFAIRS

  The Committee on Veterans' Affairs is authorized to meet during the 
session of the Senate on Wednesday, May 1, 2024, at 3:30 p.m., to 
conduct a business meeting.


                     COMMITTEE ON VETERANS' AFFAIRS

  The Committee on Veterans' Affairs is authorized to meet during the 
session of the Senate on Wednesday, May 1, 2024, at 3:30 p.m., to 
conduct a hearing.


                    SELECT COMMITTEE ON INTELLIGENCE

  The Select Committee on Intelligence is authorized to meet during the 
session of the Senate on Wednesday, May 1, 2024, at 2:30 p.m., to 
conduct a closed briefing.


            SUBCOMMITTEE ON READINESS AND MANAGEMENT SUPPORT

  The Subcommittee on Readiness and Management Support of the Committee 
on Armed Services is authorized to meet during the session of the 
Senate on Wednesday, May 1, 2024, at 2 p.m., to conduct a hearing.


                        SUBCOMMITFEE ON SEAPOWER

  The Subcommittee on Seapower of the Committee on Armed Services is 
authorized to meet during the session of the Senate on Wednesday, May 
1, 2024, at 4:30 p.m., to conduct a hearing.

                          ____________________