[Congressional Record Volume 170, Number 76 (Thursday, May 2, 2024)]
[Senate]
[Pages S3324-S3367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 1944. Mr. MULLIN (for himself and Mr. Lankford) 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 920(b), add the following new paragraph:
(3) Additional Waiver Authority.--In carrying out an
expansion of the Program, the Administrator may waive the
requirements of section 44711 of title 49, United States
Code, including related regulations, under any BEYOND program
agreement to the extent consistent with aviation safety.
______
SA 1945. Mr. CORNYN (for himself, Mr. Casey, Mr. Sullivan, and Mr.
Brown) 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. ___. PROTECTION OF COVERED SECTORS UNDER DEFENSE
PRODUCTION ACT.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.)
is amended by adding at the end the following:
``TITLE VIII--PROTECTION OF COVERED SECTORS
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
[[Page S3325]]
``(A) the Committee on Armed Services, the Committee on
Finance, the Committee on Banking, Housing, and Urban
Affairs, the Select Committee on Intelligence, and the
Committee on Foreign Relations of the Senate; and
``(B) the Committee on Armed Services, the Committee on
Ways and Means, the Committee on Financial Services, the
Permanent Select Committee on Intelligence, and the Committee
on Foreign Affairs of the House of Representatives.
``(2) Country of concern.--The term `country of concern'
means, subject to such regulations as may be prescribed in
accordance with section 806, a country specified in section
4872(d)(2) of title 10, United States Code.
``(3) Covered activity.--
``(A) In general.--Subject to such regulations as may be
prescribed in accordance with section 806, and except as
provided in subparagraph (B), the term `covered activity'
means any activity engaged in by a United States person in a
related to a covered sector that involves--
``(i) an acquisition by such United States person of an
equity interest or contingent equity interest, or monetary
capital contribution, in a covered foreign entity, directly
or indirectly, by contractual commitment or otherwise, with
the goal of generating income or gain;
``(ii) an arrangement for an interest held by such United
States person in the short- or long-term debt obligations of
a covered foreign entity that includes governance rights that
are characteristic of an equity investment, management, or
other important rights, as defined in regulations prescribed
in accordance with section 806;
``(iii) the establishment of a wholly owned subsidiary in a
country of concern, such as a greenfield investment, for the
purpose of production, design, testing, manufacturing,
fabrication, or development related to one or more covered
sectors;
``(iv) the establishment by such United States person of a
joint venture in a country of concern or with a covered
foreign entity for the purpose of production, design,
testing, manufacturing, fabrication, or research involving
one or more covered sectors, or other contractual or other
commitments involving a covered foreign entity to jointly
research and develop new innovation, including through the
transfer of capital or intellectual property or other
business proprietary information; or
``(v) the acquisition by a United States person with a
covered foreign entity of--
``(I) operational cooperation, such as through supply or
support arrangements;
``(II) the right to board representation (as an observer,
even if limited, or as a member) or an executive role (as may
be defined through regulation) in a covered foreign entity;
``(III) the ability to direct or influence such operational
decisions as may be defined through such regulations;
``(IV) formal governance representation in any operating
affiliate, like a portfolio company, of a covered foreign
entity; or
``(V) a new relationship to share or provide business
services, such as but not limited to financial services,
marketing services, maintenance, or assembly functions,
related to a covered sectors.
``(B) Exceptions.--The term `covered activity' does not
include--
``(i) any transaction the value of which the Secretary of
the Treasury determines is de minimis, as defined in
regulations prescribed in accordance with section 806;
``(ii) any category of transactions that the Secretary
determines is in the national interest of the United States,
as may be defined in regulations prescribed in accordance
with section 806; or
``(iii) any ordinary or administrative business transaction
as may be defined in such regulations.
``(4) Covered foreign entity.--
``(A) In general.--Subject to regulations prescribed in
accordance with section 806, and except as provided in
subparagraph (B), the term `covered foreign entity' means--
``(i) any entity that is incorporated in, has a principal
place of business in, or is organized under the laws of a
country of concern;
``(ii) any entity the equity securities of which are
primarily traded in the ordinary course of business on one or
more exchanges in a country of concern;
``(iii) any entity in which any entity described in
subclause (i) or (ii) holds, individually or in the
aggregate, directly or indirectly, an ownership interest of
greater than 50 percent; or
``(iv) any other entity that is not a United States person
and that meets such criteria as may be specified by the
Secretary of the Treasury in such regulations.
``(B) Exception.--The term `covered foreign entity' does
not include any entity described in subparagraph (A) that can
demonstrate that a majority of the equity interest in the
entity is ultimately owned by--
``(i) nationals of the United States; or
``(ii) nationals of such countries (other than countries of
concern) as are identified for purposes of this subparagraph
pursuant to regulations prescribed in accordance with section
806.
``(5) Covered sectors.--Subject to regulations prescribed
in accordance with section 806, the term `covered sectors'
includes sectors within the following areas, as specified in
such regulations:
``(A) Advanced semiconductors and microelectronics.
``(B) Artificial intelligence.
``(C) Quantum information science and technology.
``(D) Hypersonics.
``(E) Satellite-based communications.
``(F) Networked laser scanning systems with dual-use
applications.
``(6) Party.--The term `party', with respect to an
activity, has the meaning given that term in regulations
prescribed in accordance with section 806.
``(7) United states.--The term `United States' means the
several States, the District of Columbia, and any territory
or possession of the United States.
``(8) United states person.--The term `United States
person' means--
``(A) an individual who is a citizen or national of the
United States or an alien lawfully admitted for permanent
residence in the United States; and
``(B) any corporation, partnership, or other entity
organized under the laws of the United States or the laws of
any jurisdiction within the United States.
``SEC. 802. ADMINISTRATION OF UNITED STATES INVESTMENT
NOTIFICATION.
``(a) In General.--The President shall delegate the
authorities and functions under this title to the Secretary
of the Treasury.
``(b) Coordination.--In carrying out the duties of the
Secretary under this title, the Secretary shall--
``(1) coordinate with the Secretary of Commerce; and
``(2) consult with the United States Trade Representative,
the Secretary of Defense, the Secretary of State, and the
Director of National Intelligence.
``SEC. 803. MANDATORY NOTIFICATION OF COVERED ACTIVITIES.
``(a) Mandatory Notification.--
``(1) In general.--Subject to regulations prescribed in
accordance with section 806, beginning on the date that is 90
days after such regulations take effect, a United States
person that plans to engage in a covered activity shall--
``(A) if such covered activity is not a secured
transaction, submit to the Secretary of the Treasury a
complete written notification of the activity not later than
14 days before the anticipated completion date of the
activity; and
``(B) if such covered activity is a secured transaction,
submit to the Secretary of the Treasury a complete written
notification of the activity not later than 14 days after the
completion date of the activity.
``(2) Circulation of notification.--
``(A) In general.--The Secretary shall, upon receipt of a
notification under paragraph (1), promptly inspect the
notification for completeness.
``(B) Incomplete notifications.--If a notification
submitted under paragraph (1) is incomplete, the Secretary
shall promptly inform the United States person that submits
the notification that the notification is not complete and
provide an explanation of relevant material respects in which
the notification is not complete.
``(3) Identification of non-notified activity.--The
Secretary shall establish a process to identify covered
activity for which--
``(A) a notification is not submitted to the Secretary
under paragraph (1); and
``(B) information is reasonably available.
``(b) Confidentiality of Information.--
``(1) In general.--Except as provided in paragraph (2), any
information or documentary material filed with the Secretary
of the Treasury pursuant to this section shall be exempt from
disclosure under section 552 of title 5, United States Code,
and no such information or documentary material may be made
public by any government agency or Member of Congress.
``(2) Exceptions.--The exemption from disclosure provided
by paragraph (1) shall not prevent the disclosure of the
following:
``(A) Information relevant to any administrative or
judicial action or proceeding.
``(B) Information provided to Congress or any of the
appropriate congressional committees.
``(C) Information important to the national security
analysis or actions of the President to any domestic
governmental entity, or to any foreign governmental entity of
an ally or partner of the United States, under the direction
and authorization of the President or the Secretary, only to
the extent necessary for national security purposes, and
subject to appropriate confidentiality and classification
requirements.
``(D) Information that the parties have consented to be
disclosed to third parties.
``SEC. 804. REPORTING REQUIREMENTS.
``(a) In General.--Not later than 360 days after the date
on which the regulations prescribed under section 806 take
effect, and not less frequently than annually thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report that--
``(1) lists all notifications submitted under section
803(a) during the year preceding submission of the report and
includes, with respect to each such notification--
``(A) basic information on each party to the covered
activity with respect to which the notification was
submitted; and
``(B) the nature of the covered activity that was the
subject to the notification, including the elements of the
covered activity that necessitated a notification;
``(2) includes a summary of those notifications,
disaggregated by sector, by covered activity, and by country
of concern;
``(3) provides additional context and information regarding
trends in the sectors, the
[[Page S3326]]
types of covered activities, and the countries involved in
those notifications;
``(4) includes a description of the national security risks
associated with--
``(A) the covered activities with respect to which those
notifications were submitted; or
``(B) categories of such activities; and
``(5) assesses the overall impact of those notifications,
including recommendations for--
``(A) expanding existing Federal programs to support the
production or supply of covered sectors in the United States,
including the potential of existing authorities to address
any related national security concerns;
``(B) investments needed to enhance covered sectors and
reduce dependence on countries of concern regarding those
sectors; and
``(C) the continuation, expansion, or modification of the
implementation and administration of this title, including
recommendations with respect to whether the definition of
`country of concern' under section 801(2) should be amended
to add or remove countries.
``(b) Form of Report.--Each report required by this section
shall be submitted in unclassified form, but may include a
classified annex.
``(c) Testimony Required.--Not later than one year after
the date of enactment of this title, and annually thereafter,
the Secretary of the Treasury and the Secretary of Commerce
shall each provide to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives testimony with
respect to the national security threats relating to
investments by the United States persons in countries of
concern and broader international capital flows.
``SEC. 805. PENALTIES AND ENFORCEMENT.
``(a) Penalties With Respect to Unlawful Acts.--Subject to
regulations prescribed in accordance with section 806, it
shall be unlawful--
``(1) to fail to submit a notification under subsection (a)
of section 803 with respect to a covered activity or to
submit other information as required by the Secretary of the
Treasury; or
``(2) to make a material misstatement or to omit a material
fact in any information submitted to the Secretary under this
title.
``(b) Enforcement.--The President may direct the Attorney
General to seek appropriate relief in the district courts of
the United States, in order to implement and enforce this
title.
``SEC. 806. REQUIREMENT FOR REGULATIONS.
``(a) In General.--Not later than 360 days after the date
of the enactment of this title, the Secretary of the Treasury
shall finalize regulations to carry out this title.
``(b) Elements.--Regulations prescribed to carry out this
title shall include specific examples of the types of--
``(1) activities that will be considered to be covered
activities; and
``(2) the specific sectors and subsectors that may be
considered to be covered sectors.
``(c) Requirements for Certain Regulations.--The Secretary
of the Treasury shall prescribe regulations further defining
the terms used in this title, including `covered activity',
`covered foreign entity', and `party', in accordance with
subchapter II of chapter 5 and chapter 7 of title 5 (commonly
known as the `Administrative Procedure Act').
``(d) Public Participation in Rulemaking.--The provisions
of section 709 shall apply to any regulations issued under
this title.
``(e) Low-Burden Regulations.--In prescribing regulations
under this section, the Secretary of the Treasury shall
structure the regulations--
``(1) to minimize the cost and complexity of compliance for
affected parties;
``(2) to ensure the benefits of the regulations outweigh
their costs;
``(3) to adopt the least burdensome alternative that
achieves regulatory objectives;
``(4) to prioritize transparency and stakeholder
involvement in the process of prescribing the regulations;
and
``(5) to regularly review and streamline existing
regulations to reduce redundancy and complexity.
``SEC. 807. MULTILATERAL ENGAGEMENT AND COORDINATION.
``(a) In General.--The President shall delegate the
authorities and functions under this section to the Secretary
of State.
``(b) Authorities.--The Secretary of State, in coordination
with the Secretary of the Treasury, the Secretary of
Commerce, the United States Trade Representative, and the
Director of National Intelligence, shall--
``(1) conduct bilateral and multilateral engagement with
the governments of countries that are allies and partners of
the United States to ensure coordination of protocols and
procedures with respect to covered activities with countries
of concern and covered foreign entities; and
``(2) upon adoption of protocols and procedures described
in paragraph (1), work with those governments to establish
mechanisms for sharing information, including trends, with
respect to such activities.
``(c) Strategy for Development of Outbound Investment
Screening Mechanisms.--The Secretary of State, in
coordination with the Secretary of the Treasury and in
consultation with the Attorney General, shall--
``(1) develop a strategy to work with countries that are
allies and partners of the United States to develop
mechanisms comparable to this title for the notification of
covered activities; and
``(2) provide technical assistance to those countries with
respect to the development of those mechanisms.
``(d) Report.--Not later than 90 days after the development
of the strategy required by subsection (b), and annually
thereafter for a period of 5 years, the Secretary of State
shall submit to the appropriate congressional committees a
report that includes the strategy, the status of implementing
the strategy, and a description of any impediments to the
establishment of mechanisms comparable to this title by
allies and partners.
``SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
such sums as may be necessary to carry out this title,
including to provide outreach to industry and persons
affected by this title.
``(b) Hiring Authority.--The head of any agency designated
as a lead agency under section 802(b) may appoint, without
regard to the provisions of sections 3309 through 3318 of
title 5, United States Code, not more than 25 candidates
directly to positions in the competitive service (as defined
in section 2102 of that title) in that agency. The primary
responsibility of individuals in positions authorized under
the preceding sentence shall be to administer this title.
``SEC. 809. RULE OF CONSTRUCTION WITH RESPECT TO FREE AND
FAIR COMMERCE.
``Nothing in this title may be construed to restrain or
deter foreign investment in the United States, United States
investment abroad, or trade in goods or services, if such
investment and trade do not pose a risk to the national
security of the United States.''.
______
SA 1946. Mr. HEINRICH (for himself and Mr. Risch) 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--GOOD SAMARITAN REMEDIATION OF ABANDONED HARDROCK MINES ACT
OF 2024
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Good Samaritan Remediation
of Abandoned Hardrock Mines Act of 2024''.
SEC. 1402. DEFINITIONS.
In this title:
(1) Abandoned hardrock mine site.--
(A) In general.--The term ``abandoned hardrock mine site''
means an abandoned or inactive hardrock mine site and any
facility associated with an abandoned or inactive hardrock
mine site--
(i) that was used for the production of a mineral other
than coal conducted on Federal land under sections 2319
through 2352 of the Revised Statutes (commonly known as the
``Mining Law of 1872''; 30 U.S.C. 22 et seq.) or on non-
Federal land; and
(ii) for which, based on information supplied by the Good
Samaritan after review of publicly available data and after
review of other information in the possession of the
Administrator, the Administrator or, in the case of a site on
land owned by the United States, the Federal land management
agency, determines that no responsible owner or operator has
been identified--
(I) who is potentially liable for, or has been required to
perform or pay for, environmental remediation activities
under applicable law; and
(II) other than, in the case of a mine site located on land
owned by the United States, a Federal land management agency
that has not been involved in mining activity on that land,
except that the approval of a plan of operations under the
hardrock mining regulations of the applicable Federal land
management agency shall not be considered involvement in the
mining activity.
(B) Inclusion.--The term ``abandoned hardrock mine site''
includes a hardrock mine site (including associated
facilities) that was previously the subject of a completed
response action under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) or a similar Federal and State reclamation or
cleanup program, including the remediation of mine-scarred
land under the brownfields revitalization program under
section 104(k) of that Act (42 U.S.C. 9604(k)).
(C) Exclusions.--The term ``abandoned hardrock mine site''
does not include a mine site (including associated
facilities)--
(i) in a temporary shutdown or cessation;
(ii) included on the National Priorities List developed by
the President in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or proposed
for inclusion on that list;
(iii) that is the subject of a planned or ongoing response
action under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) or a similar Federal and State reclamation or cleanup
program;
[[Page S3327]]
(iv) that has a responsible owner or operator; or
(v) that actively mined or processed minerals after
December 11, 1980.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Applicable water quality standards.--The term
``applicable water quality standards'' means the water
quality standards promulgated by the Administrator or adopted
by a State or Indian tribe and approved by the Administrator
pursuant to the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(4) Baseline conditions.--The term ``baseline conditions''
means the concentrations, locations, and releases of any
hazardous substances, pollutants, or contaminants, as
described in the Good Samaritan permit, present at an
abandoned hardrock mine site prior to undertaking any action
under this title.
(5) Cooperating person.--
(A) In general.--The term ``cooperating person'' means any
person that is named by the Good Samaritan in the permit
application as a cooperating entity.
(B) Exclusions.--The term ``cooperating person'' does not
include--
(i) a responsible owner or operator with respect to the
abandoned hardrock mine site described in the permit
application;
(ii) a person that had a role in the creation of historic
mine residue at the abandoned hardrock mine site described in
the permit application; or
(iii) a Federal agency.
(6) Covered permit.--The term ``covered permit'' means--
(A) a Good Samaritan permit; and
(B) an investigative sampling permit.
(7) Federal land management agency.--The term ``Federal
land management agency'' means any Federal agency authorized
by law or executive order to exercise jurisdiction, custody,
or control over land owned by the United States.
(8) Good samaritan.--The term ``Good Samaritan'' means a
person that, with respect to historic mine residue, as
determined by the Administrator--
(A) is not a past or current owner or operator of--
(i) the abandoned hardrock mine site at which the historic
mine residue is located; or
(ii) a portion of that abandoned hardrock mine site;
(B) had no role in the creation of the historic mine
residue; and
(C) is not potentially liable under any Federal, State,
Tribal, or local law for the remediation, treatment, or
control of the historic mine residue.
(9) Good samaritan permit.--The term ``Good Samaritan
permit'' means a permit granted by the Administrator under
section 1404(a)(1).
(10) Historic mine residue.--
(A) In general.--The term ``historic mine residue'' means
mine residue or any condition at an abandoned hardrock mine
site resulting from hardrock mining activities.
(B) Inclusions.--The term ``historic mine residue''
includes--
(i) previously mined ores and minerals other than coal that
contribute to acid mine drainage or other pollution;
(ii) equipment (including materials in equipment);
(iii) any tailings facilities, heap leach piles, dump leach
piles, waste rock, overburden, slag piles, or other waste or
material resulting from any extraction, beneficiation, or
other processing activity that occurred during the active
operation of an abandoned hardrock mine site;
(iv) any acidic or otherwise polluted flow in surface water
or groundwater that originates from, or is pooled and
contained in, an inactive or abandoned hardrock mine site,
such as underground workings, open pits, in-situ leaching
operations, ponds, or impoundments;
(v) any hazardous substance (as defined in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601));
(vi) any pollutant or contaminant (as defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601));
and
(vii) any pollutant (as defined in section 502 of the
Federal Water Pollution Control Act (33 U.S.C. 1362)).
(11) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in--
(A) section 518(h) of the Federal Water Pollution Control
Act (33 U.S.C. 1377(h)); or
(B) section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(12) Investigative sampling permit.--The term
``investigative sampling permit'' means a permit granted by
the Administrator under section 1404(d)(1).
(13) Person.--The term ``person'' means any entity
described in--
(A) section 502(5) of the Federal Water Pollution Control
Act (33 U.S.C. 1362(5)); or
(B) section 101(21) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(21)).
(14) Remediation.--
(A) In general.--The term ``remediation'' means any action
taken to investigate, characterize, or cleanup, in whole or
in part, a discharge, release, or threat of release of a
hazardous substance, pollutant, or contaminant into the
environment at or from an abandoned hardrock mine site, or to
otherwise protect and improve human health and the
environment.
(B) Inclusion.--The term ``remediation'' includes any
action to remove, treat, or contain historic mine residue to
prevent, minimize, or reduce--
(i) the release or threat of release of a hazardous
substance, pollutant, or contaminant that would harm human
health or the environment; or
(ii) a migration or discharge of a hazardous substance,
pollutant, or contaminant that would harm human health or the
environment.
(C) Exclusion.--The term ``remediation'' does not include
any action that requires plugging, opening, or otherwise
altering the portal or adit of the abandoned hardrock mine
site.
(15) Reservation.--The term ``reservation'' has the meaning
given the term ``Indian country'' in section 1151 of title
18, United States Code.
(16) Responsible owner or operator.--The term ``responsible
owner or operator'' means a person that is--
(A)(i) legally responsible under section 301 of the Federal
Water Pollution Control Act (33 U.S.C. 1311) for a discharge
that originates from an abandoned hardrock mine site; and
(ii) financially able to comply with each requirement
described in that section; or
(B)(i) a present or past owner or operator or other person
that is liable with respect to a release or threat of release
of a hazardous substance, pollutant, or contaminant
associated with the historic mine residue at or from an
abandoned hardrock mine site under section 104, 106, 107, or
113 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604,
9606, 9607, 9613); and
(ii) financially able to comply with each requirement
described in those sections, as applicable.
SEC. 1403. SCOPE.
Nothing in this title--
(1) except as provided in section 1404(n), reduces any
existing liability under Federal, State, or local law;
(2) except as provided in section 1404(n), releases any
person from liability under Federal, State, or local law,
except in compliance with this title;
(3) authorizes the conduct of any mining or processing
other than the conduct of any processing of previously mined
ores, minerals, wastes, or other materials that is authorized
by a Good Samaritan permit;
(4) imposes liability on the United States or a Federal
land management agency pursuant to section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311); or
(5) relieves the United States or any Federal land
management agency from any liability under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311) that
exists apart from any action undertaken pursuant to this
title.
SEC. 1404. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT
PROJECT AUTHORIZATION.
(a) Establishment.--
(1) In general.--The Administrator shall establish a pilot
program under which the Administrator shall grant not more
than 15 Good Samaritan permits to carry out projects to
remediate historic mine residue at any portions of abandoned
hardrock mine sites in accordance with this title.
(2) Oversight of permits.--The Administrator may oversee
the remediation project under paragraph (1), and any action
taken by the applicable Good Samaritan or any cooperating
person under the applicable Good Samaritan permit, for the
duration of the Good Samaritan permit, as the Administrator
determines to be necessary to review the status of the
project.
(3) Sunset.--
(A) In general.--Except as provided in subparagraph (B),
the pilot program described in paragraph (1) shall terminate
on the date that is 7 years after the date of enactment of
this Act.
(B) Exception.--Notwithstanding subparagraph (A), the
Administrator may grant a Good Samaritan permit pursuant to
this title after the date identified in subparagraph (A) if
the application for the Good Samaritan permit--
(i) was submitted not later than 180 days before that date;
and
(ii) was completed in accordance with subsection (c) by not
later than 7 years after the date of enactment of this Act.
(C) Effect on certain permits.--Any Good Samaritan permit
granted by the deadline prescribed in subparagraph (A) or
(B), as applicable, that is in effect on the date that is 7
years after the date of enactment of this Act shall remain in
effect after that date in accordance with--
(i) the terms and conditions of the Good Samaritan permit;
and
(ii) this title.
(b) Good Samaritan Permit Eligibility.--
(1) In general.--To be eligible to receive a Good Samaritan
permit to carry out a project to remediate an abandoned
hardrock mine site, a person shall demonstrate that, as
determined by the Administrator--
(A) the abandoned hardrock mine site that is the subject of
the application for a Good
[[Page S3328]]
Samaritan permit is located in the United States;
(B) the purpose of the proposed project is the remediation
at that abandoned hardrock mine site of historic mine
residue;
(C) the proposed activities are designed to result in the
partial or complete remediation of historic mine residue at
the abandoned hardrock mine site within the term of the Good
Samaritan permit;
(D) the proposed project poses a low risk to the
environment, as determined by the Administrator;
(E) to the satisfaction of the Administrator, the person--
(i) possesses, or has the ability to secure, the financial
and other resources necessary--
(I) to complete the permitted work, as determined by the
Administrator; and
(II) to address any contingencies identified in the Good
Samaritan permit application described in subsection (c);
(ii) possesses the proper and appropriate experience and
capacity to complete the permitted work; and
(iii) will complete the permitted work; and
(F) the person is a Good Samaritan with respect to the
historic mine residue proposed to be covered by the Good
Samaritan permit.
(2) Identification of all responsible owners or
operators.--
(A) In general.--A Good Samaritan shall make reasonable and
diligent efforts to identify, from a review of publicly
available information in land records or on internet websites
of Federal, State, and local regulatory authorities, all
responsible owners or operators of an abandoned hardrock mine
site proposed to be remediated by the Good Samaritan under
this section.
(B) Existing responsible owner or operator.--If the
Administrator determines, based on information provided by a
Good Samaritan or otherwise, that a responsible owner or
operator exists for an abandoned hardrock mine site proposed
to be remediated by the Good Samaritan, the Administrator
shall deny the application for a Good Samaritan permit.
(c) Application for Permits.--To obtain a Good Samaritan
permit, a person shall submit to the Administrator an
application, signed by the person and any cooperating person,
that provides, to the extent known or reasonably discoverable
by the person on the date on which the application is
submitted--
(1) a description of the abandoned hardrock mine site
(including the boundaries of the abandoned hardrock mine
site) proposed to be covered by the Good Samaritan permit;
(2) a description of all parties proposed to be involved in
the remediation project, including any cooperating person and
each member of an applicable corporation, association,
partnership, consortium, joint venture, commercial entity, or
nonprofit association;
(3) evidence that the person has or will acquire all legal
rights or the authority necessary to enter the relevant
abandoned hardrock mine site and perform the remediation
described in the application;
(4) a detailed description of the historic mine residue to
be remediated;
(5) a detailed description of the expertise and experience
of the person and the resources available to the person to
successfully implement and complete the remediation plan
under paragraph (7);
(6) to the satisfaction of the Administrator and subject to
subsection (d), a description of the baseline conditions
caused by the historic mine residue to be remediated that
includes--
(A) the nature and extent of any adverse impact on the
water quality of any body of water caused by the drainage of
historic mine residue or other discharges from the abandoned
hardrock mine site;
(B) the flow rate and concentration of any drainage of
historic mine residue or other discharge from the abandoned
hardrock mine site in any body of water that has resulted in
an adverse impact described in subparagraph (A); and
(C) any other release or threat of release of historic mine
residue that has resulted in an adverse impact to human
health or the environment;
(7) subject to subsection (d), a remediation plan for the
abandoned hardrock mine site that describes--
(A) the nature and scope of the proposed remediation
activities, including--
(i) any historic mine residue to be addressed by the
remediation plan; and
(ii) a description of the goals of the remediation
including, if applicable, with respect to--
(I) the reduction or prevention of a release, threat of
release, or discharge to surface waters; or
(II) other appropriate goals relating to water or soil;
(B) each activity that the person proposes to take that
is--
(i) designed to--
(I) improve or enhance water quality or site-specific soil
or sediment quality relevant to the historic mine residue
addressed by the remediation plan, including making
measurable progress toward achieving applicable water quality
standards; or
(II) otherwise protect human health and the environment
(including through the prevention of a release, discharge, or
threat of release to water, sediment, or soil); and
(ii) otherwise necessary to carry out an activity described
in subclause (I) or (II) of clause (i);
(C) a plan describing the monitoring or other forms of
assessment that will be undertaken by the person to evaluate
the success of the activities described in subparagraph (A)
during and after the remediation, with respect to the
baseline conditions, as described in paragraph (6);
(D) to the satisfaction of the Administrator, detailed
engineering plans for the project;
(E) detailed plans for any proposed recycling or
reprocessing of historic mine residue to be conducted by the
person (including a description of how all proposed recycling
or reprocessing activities contribute to the remediation of
the abandoned hardrock mine site); and
(F) identification of any proposed contractor that will
perform any remediation activity;
(8) subject to subsection (d), a schedule for the work to
be carried out under the project, including a schedule for
periodic reporting by the person on the remediation of the
abandoned hardrock mine site;
(9) a health and safety plan that is specifically designed
for mining remediation work;
(10) a specific contingency plan that--
(A) includes provisions on response and notification to
Federal, State, Tribal, and local authorities with
jurisdiction over downstream waters that have the potential
to be impacted by an unplanned release or discharge of
hazardous substances, pollutants, or contaminants; and
(B) is designed to respond to unplanned adverse events
(such as adverse weather events or a potential fluid release
that may result from addressing pooled water or hydraulic
pressure situations), including the sudden release of
historic mine residue;
(11) subject to subsection (d), a project budget and
description of financial resources that demonstrate that the
permitted work, including any operation and maintenance, will
be completed;
(12) subject to subsection (d), information demonstrating
that the applicant has the financial resources to carry out
the remediation (including any long-term monitoring that may
be required by the Good Samaritan permit) or the ability to
secure an appropriate third-party financial assurance, as
determined by the Administrator, to ensure completion of the
permitted work, including any long-term operations and
maintenance of remediation activities that may be--
(A) proposed in the application for the Good Samaritan
permit; or
(B) required by the Administrator as a condition of
granting the permit;
(13) subject to subsection (d), a detailed plan for any
required operation and maintenance of any remediation,
including a timeline, if necessary;
(14) subject to subsection (d), a description of any
planned post-remediation monitoring, if necessary; and
(15) subject to subsection (d), any other appropriate
information, as determined by the Administrator or the
applicant.
(d) Investigative Sampling.--
(1) Investigative sampling permits.--The Administrator may
grant an investigative sampling permit for a period
determined by the Administrator to authorize a Good Samaritan
to conduct investigative sampling of historic mine residue,
soil, sediment, or water to determine--
(A) baseline conditions; and
(B) whether the Good Samaritan--
(i) is willing to perform further remediation to address
the historic mine residue; and
(ii) will proceed with a permit conversion under subsection
(e)(1).
(2) Number of permits.--
(A) Limitation.-- Subject to subparagraph (B), the
Administrator may grant not more than 15 investigative
sampling permits.
(B) Applicability to converted permits.--An investigative
sampling permit that is not converted to a Good Samaritan
permit pursuant to paragraph (5) may be eligible for
reissuance by the Administrator subject to the overall total
of not more than 15 investigative sampling permits allowed at
any 1 time described in subparagraph (A).
(3) Application.--If a Good Samaritan proposes to conduct
investigative sampling, the Good Samaritan shall submit to
the Administrator an investigative sampling permit
application that contains, to the satisfaction of the
Administrator--
(A) each description required under paragraphs (1), (2),
and (5) of subsection (c);
(B) to the extent reasonably known to the applicant, any
previously documented water quality data describing
conditions at the abandoned hardrock mine site;
(C) the evidence required under subsection (c)(3);
(D) each plan required under paragraphs (9) and (10) of
subsection (c); and
(E) a detailed plan of the investigative sampling.
(4) Requirements.--
(A) In general.--If a person submits an application that
proposes only investigative sampling of historic mine
residue, soil, sediment, or water that only includes the
requirements described in paragraph (1), the Administrator
may grant an investigative sampling permit that authorizes
the person only to carry out the plan of investigative
sampling of historic mine residue, soil, sediment, or water,
as described in the investigative sampling permit application
under paragraph (3).
(B) Reprocessing.--An investigative sampling permit--
[[Page S3329]]
(i) shall not authorize a Good Samaritan or cooperating
person to conduct any reprocessing of material; and
(ii) may authorize metallurgical testing of historic mine
residue to determine whether reprocessing under subsection
(f)(4)(B) is feasible.
(C) Requirements relating to samples.--In conducting
investigative sampling of historic mine residue, soil,
sediment, or water, a Good Samaritan shall--
(i) collect samples that are representative of the
conditions present at the abandoned hardrock mine site that
is the subject of the investigative sampling permit; and
(ii) retain publicly available records of all sampling
events for a period of not less than 3 years.
(5) Permit conversion.--Not later than 1 year after the
date on which the investigative sampling under the
investigative sampling permit concludes, a Good Samaritan to
whom an investigative sampling permit is granted under
paragraph (1) may apply to convert an investigative sampling
permit into a Good Samaritan permit under subsection (e)(1).
(6) Permit not converted.--
(A) In general.--Subject to subparagraph (B)(ii)(I), a Good
Samaritan who obtains an investigative sampling permit may
decline--
(i) to apply to convert the investigative sampling permit
into a Good Samaritan permit under paragraph (5); and
(ii) to undertake remediation activities on the site where
investigative sampling was conducted on conclusion of
investigative sampling.
(B) Effect of lack of conversion.--
(i) In general.--Notwithstanding a refusal by a Good
Samaritan to convert an investigative sampling permit into a
Good Samaritan permit under subparagraph (A), but subject to
clause (ii), the provisions of paragraphs (1) through (4) of
subsection (n) shall continue to apply to the Good Samaritan
and any cooperating persons after the refusal to convert.
(ii) Degradation of surface water quality.--
(I) Opportunity to correct.--If, before the date on which a
Good Samaritan refuses to convert an investigative sampling
permit under subparagraph (A), actions by the Good Samaritan
or any cooperating person have caused conditions at the
abandoned hardrock mine site to be measurably worse, as
determined by the Administrator, when compared to conditions
described pursuant to paragraph (3)(B), if applicable, the
Administrator shall provide the Good Samaritan or cooperating
person, as applicable, the opportunity to return the
conditions at the abandoned hardrock mine site to those
conditions.
(II) Effect.--If, pursuant to subclause (I), the applicable
Good Samaritan or cooperating person does not return the
surface water quality at the abandoned hardrock mine site to
conditions described pursuant to paragraph (3)(B), if
applicable, as determined by the Administrator, clause (i)
shall not apply to the Good Samaritan or any cooperating
persons.
(e) Investigative Sampling Conversion.--
(1) In general.--A person to which an investigative
sampling permit was granted may submit to the Administrator
an application in accordance with paragraph (2) to convert
the investigative sampling permit into a Good Samaritan
permit.
(2) Application.--
(A) Investigative sampling.--An application for the
conversion of an investigative sampling permit under
paragraph (1) shall include any requirement described in
subsection (c) that was not included in full in the
application submitted under subsection (d)(3).
(B) Public notice and comment.--An application for permit
conversion under this paragraph shall be subject to--
(i) environmental review and public comment procedures
required by subsection (l); and
(ii) a public hearing, if requested.
(f) Content of Permits.--
(1) In general.--A Good Samaritan permit shall contain--
(A) the information described in subsection (c), including
any modification required by the Administrator;
(B)(i) a provision that states that the Good Samaritan is
responsible for securing, for all activities authorized under
the Good Samaritan permit, all authorizations, licenses, and
permits that are required under applicable law except for--
(I) section 301, 302, 306, 307, 402, or 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316,
1317, 1342, 1344); and
(II) authorizations, licenses, and permits that would not
need to be obtained if the remediation was conducted pursuant
to section 121 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621); or
(ii) in the case of an abandoned hardrock mine site in a
State that is authorized to implement State law pursuant to
section 402 or 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1342, 1344) or on land of an Indian tribe that is
authorized to implement Tribal law pursuant to that section,
a provision that states that the Good Samaritan is
responsible for securing, for all activities authorized under
the Good Samaritan permit, all authorizations, licenses, and
permits that are required under applicable law, except for--
(I) the State or Tribal law, as applicable; and
(II) authorizations, licenses, and permits that would not
need to be obtained if the remediation was conducted pursuant
to section 121 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621);
(C) specific public notification requirements, including
the contact information for all appropriate response centers
in accordance with subsection (o);
(D) in the case of a project on land owned by the United
States, a notice that the Good Samaritan permit serves as an
agreement for use and occupancy of Federal land that is
enforceable by the applicable Federal land management agency;
and
(E) any other terms and conditions determined to be
appropriate by the Administrator or the Federal land
management agency, as applicable.
(2) Force majeure.--A Good Samaritan permit may include, at
the request of the Good Samaritan, a provision that a Good
Samaritan may assert a claim of force majeure for any
violation of the Good Samaritan permit caused solely by--
(A) an act of God;
(B) an act of war;
(C) negligence on the part of the United States;
(D) an act or omission of a third party, if the Good
Samaritan--
(i) exercises due care with respect to the actions of the
Good Samaritan under the Good Samaritan permit, as determined
by the Administrator;
(ii) took precautions against foreseeable acts or omissions
of the third party, as determined by the Administrator; and
(iii) uses reasonable efforts--
(I) to anticipate any potential force majeure; and
(II) to address the effects of any potential force majeure;
or
(E) a public health emergency declared by the Federal
Government or a global government, such as a pandemic or an
epidemic.
(3) Monitoring.--
(A) In general.--The Good Samaritan shall take such actions
as the Good Samaritan permit requires to ensure appropriate
baseline conditions monitoring, monitoring during the
remediation project, and post-remediation monitoring of the
environment under paragraphs (7) and (14) of subsection (c).
(B) Multiparty monitoring.--The Administrator may approve
in a Good Samaritan permit the monitoring by multiple
cooperating persons if, as determined by the Administrator--
(i) the multiparty monitoring will effectively accomplish
the goals of this section; and
(ii) the Good Samaritan remains responsible for compliance
with the terms of the Good Samaritan permit.
(4) Other development.--
(A) No authorization of mining activities.--No mineral
exploration, processing, beneficiation, or mining shall be--
(i) authorized by this title; or
(ii) covered by any waiver of liability provided by this
title from applicable law.
(B) Reprocessing of materials.--A Good Samaritan may
reprocess materials recovered during the implementation of a
remediation plan only if--
(i) the project under the Good Samaritan permit is on land
owned by the United States;
(ii) the applicable Federal land management agency has
signed a decision document under subsection (l)(2)(G)
approving reprocessing as part of a remediation plan;
(iii) the proceeds from the sale or use of the materials
are used--
(I) to defray the costs of the remediation; and
(II) to the extent required by the Good Samaritan permit,
to reimburse the Administrator or the head of a Federal land
management agency for the purpose of carrying out this title;
(iv) any remaining proceeds are deposited into the
appropriate Good Samaritan Mine Remediation Fund established
by section 1405(a); and
(v) the materials only include historic mine residue.
(C) Connection with other activities.--The commingling or
association of any other discharge of water or historic mine
residue or any activity, project, or operation conducted on
or after the date of enactment of this Act with any aspect of
a project subject to a Good Samaritan permit shall not limit
or reduce the liability of any person associated with the
other discharge of water or historic mine residue or
activity, project, or operation.
(g) Additional Work.--A Good Samaritan permit may (subject
to subsection (r)(5) in the case of a project located on
Federal land) allow the Good Samaritan to return to the
abandoned hardrock mine site after the completion of the
remediation to perform operations and maintenance or other
work--
(1) to ensure the functionality of completed remediation
activities at the abandoned hardrock mine site; or
(2) to protect public health and the environment.
(h) Timing.--Work authorized under a Good Samaritan
permit--
(1) shall commence, as applicable--
(A) not later than the date that is 18 months after the
date on which the Administrator granted the Good Samaritan
permit, unless the Administrator grants an extension under
subsection (r)(2)(A); or
[[Page S3330]]
(B) if the grant of the Good Samaritan permit is the
subject of a petition for judicial review, not later than the
date that is 18 months after the date on which the judicial
review, including any appeals, has concluded; and
(2) shall continue until completed, with temporary
suspensions permitted during adverse weather or other
conditions specified in the Good Samaritan permit.
(i) Transfer of Permits.--A Good Samaritan permit may be
transferred to another person only if--
(1) the Administrator determines that the transferee
qualifies as a Good Samaritan;
(2) the transferee signs, and agrees to be bound by the
terms of, the permit;
(3) the Administrator includes in the transferred permit
any additional conditions necessary to meet the goals of this
section; and
(4) in the case of a project under the Good Samaritan
permit on land owned by the United States, the head of the
applicable Federal land management agency approves the
transfer.
(j) Role of Administrator and Federal Land Management
Agencies.--In carrying out this section--
(1) the Administrator shall--
(A) consult with prospective applicants;
(B) convene, coordinate, and lead the application review
process;
(C) maintain all records relating to the Good Samaritan
permit and the permit process;
(D) in the case of a proposed project on State, Tribal, or
private land, provide an opportunity for cooperating persons
and the public to participate in the Good Samaritan permit
process, including--
(i) carrying out environmental review and public comment
procedures pursuant to subsection (l); and
(ii) a public hearing, if requested; and
(E) enforce and otherwise carry out this section; and
(2) the head of an applicable Federal land management
agency shall--
(A) in the case of a proposed project on land owned by the
United States, provide an opportunity for cooperating persons
and the public to participate in the Good Samaritan permit
process, including--
(i) carrying out environmental review and public comment
procedures pursuant to subsection (l); and
(ii) a public hearing, if requested; and
(B) in coordination with the Administrator, enforce Good
Samaritan permits issued under this section for projects on
land owned by the United States.
(k) State, Local, and Tribal Governments.--As soon as
practicable, but not later than 14 days after the date on
which the Administrator receives an application for the
remediation of an abandoned hardrock mine site under this
section that, as determined by the Administrator, is complete
and meets all applicable requirements of subsection (c), the
Administrator shall provide notice and a copy of the
application to--
(1) each local government with jurisdiction over a drinking
water utility, and each Indian tribe with reservation or off-
reservation treaty rights to land or water, located
downstream from or otherwise near a proposed remediation
project that is reasonably anticipated to be impacted by the
remediation project or a potential release of contaminants
from the abandoned hardrock mine site, as determined by the
Administrator;
(2) each Federal, State, and Tribal agency that may have an
interest in the application; and
(3) in the case of an abandoned hardrock mine site that is
located partially or entirely on land owned by the United
States, the Federal land management agency with jurisdiction
over that land.
(l) Environmental Review and Public Comment.--
(1) In general.--Before the issuance of a Good Samaritan
permit to carry out a project for the remediation of an
abandoned hardrock mine site, the Administrator shall ensure
that environmental review and public comment procedures are
carried out with respect to the proposed project.
(2) Relation to nepa.--
(A) Major federal action.--Subject to subparagraph (F), the
issuance or modification of a Good Samaritan permit by the
Administrator shall be considered a major Federal action for
purposes of section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(B) Lead agency.--The lead agency for purposes of an
environmental assessment and public comment under this
subsection shall be--
(i) in the case of a proposed project on land owned by the
United States that is managed by only 1 Federal land
management agency, the applicable Federal land management
agency;
(ii) in the case of a proposed project entirely on State,
Tribal, or private land, the Administrator;
(iii) in the case of a proposed project partially on land
owned by the United States and partially on State, Tribal, or
private land, the applicable Federal land management agency;
and
(iv) in the case of a proposed project on land owned by the
United States that is managed by more than 1 Federal land
management agency, the Federal land management agency
selected by the Administrator to be the lead agency, after
consultation with the applicable Federal land management
agencies.
(C) Coordination.--To the maximum extent practicable, the
lead agency described in subparagraph (B) shall coordinate
procedures under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with State, Tribal, and Federal
cooperating agencies, as applicable.
(D) Cooperating agency.--In the case of a proposed project
on land owned by the United States, the Administrator shall
be a cooperating agency for purposes of an environmental
assessment and public comment under this subsection.
(E) Single nepa document.--The lead agency described in
subparagraph (B) may conduct a single environmental
assessment for--
(i) the issuance of a Good Samaritan permit;
(ii) any activities authorized by a Good Samaritan permit;
and
(iii) any applicable permits required by the Secretary of
the Interior or the Secretary of Agriculture.
(F) No significant impact.--
(i) In general.--A Good Samaritan permit may only be issued
if, after an environmental assessment, the head of the lead
agency issues a finding of no significant impact (as defined
in section 111 of the National Environmental Policy Act of
1969 (42 U.S.C. 4336e)).
(ii) Significant impact.--If the head of the lead agency is
unable to issue a finding of no significant impact (as so
defined), the head of the lead agency shall not issue a Good
Samaritan permit for the proposed project.
(G) Decision document.--An approval or denial of a Good
Samaritan permit may be issued as a single decision document
that is signed by--
(i) the Administrator; and
(ii) in the case of a project on land owned by the United
States, the head of the applicable Federal land management
agency.
(H) Limitation.--Nothing in this paragraph exempts the
Secretary of Agriculture or the Secretary of the Interior, as
applicable, from any other requirements of section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(m) Permit Grant.--
(1) In general.--The Administrator may grant a Good
Samaritan permit to carry out a project for the remediation
of an abandoned hardrock mine site only if--
(A) the Administrator determines that--
(i) the person seeking the permit is a Good Samaritan;
(ii) the application described in subsection (c) is
complete;
(iii) the project is designed to remediate historic mine
residue at the abandoned hardrock mine site to protect human
health and the environment;
(iv) the proposed project is designed to meet all other
goals, as determined by the Administrator, including any
goals set forth in the application for the Good Samaritan
permit that are accepted by the Administrator;
(v) the proposed activities, as compared to the baseline
conditions described in the permit, will make measurable
progress toward achieving--
(I) applicable water quality standards;
(II) improved soil quality;
(III) improved sediment quality;
(IV) other improved environmental or safety conditions; or
(V) reductions in threats to soil, sediment, or water
quality or other environmental or safety conditions;
(vi) the applicant has--
(I) demonstrated that the applicant has the proper and
appropriate experience and capacity to complete the permitted
work;
(II) demonstrated that the applicant will complete the
permitted work;
(III) the financial and other resources to address any
contingencies identified in the Good Samaritan permit
application described in subsections (b) and (c);
(IV) granted access and provided the authority to review
the records of the applicant relevant to compliance with the
requirements of the Good Samaritan permit; and
(V) demonstrated, to the satisfaction of the Administrator,
that--
(aa) the applicant has, or has access to, the financial
resources to complete the project described in the Good
Samaritan permit application, including any long-term
monitoring and operations and maintenance that the
Administrator may require the applicant to perform in the
Good Samaritan permit; or
(bb) the applicant has established a third-party financial
assurance mechanism, such as a corporate guarantee from a
parent or other corporate affiliate, letter of credit, trust,
surety bond, or insurance to assure that funds are available
to complete the permitted work, including for operations and
maintenance and to address potential contingencies, that--
(AA) establishes the Administrator or the head of the
Federal land management agency as the beneficiary of the
third-party financial assurance mechanism; and
(BB) allows the Administrator to retain and use the funds
from the financial assurance mechanism in the event the Good
Samaritan does not complete the remediation under the Good
Samaritan permit; and
(vii) the project meets the requirements of this title;
(B) the State or Indian tribe with jurisdiction over land
on which the abandoned hardrock mine site is located has been
given
[[Page S3331]]
an opportunity to review and, if necessary, comment on the
grant of the Good Samaritan permit;
(C) in the case of a project proposed to be carried out
under the Good Samaritan permit partially or entirely on land
owned by the United States, pursuant to subsection (l), the
head of the applicable Federal land management agency has
signed a decision document approving the proposed project;
and
(D) the Administrator or head of the Federal land
management agency, as applicable, has provided--
(i) environmental review and public comment procedures
required by subsection (l); and
(ii) a public hearing under that subsection, if requested.
(2) Deadline.--
(A) In general.--The Administrator shall grant or deny a
Good Samaritan permit by not later than--
(i) the date that is 180 days after the date of receipt by
the Administrator of an application for the Good Samaritan
permit that, as determined by the Administrator, is complete
and meets all applicable requirements of subsection (c); or
(ii) such later date as may be determined by the
Administrator with notification provided to the applicant.
(B) Constructive denial.--If the Administrator fails to
grant or deny a Good Samaritan permit by the applicable
deadline described in subparagraph (A), the application shall
be considered to be denied.
(3) Discretionary action.--The issuance of a permit by the
Administrator and the approval of a project by the head of an
applicable Federal land management agency shall be considered
to be discretionary actions taken in the public interest.
(n) Effect of Permits.--
(1) In general.--A Good Samaritan and any cooperating
person undertaking remediation activities identified in,
carried out pursuant to, and in compliance with, a covered
permit--
(A) shall be considered to be in compliance with all
requirements (including permitting requirements) under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
(including any law or regulation implemented by a State or
Indian tribe under section 402 or 404 of that Act (33 U.S.C.
1342, 1344)) and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) during the term of the covered permit, after the
termination of the Good Samaritan permit, and after declining
to convert an investigative sampling permit into a Good
Samaritan permit, as applicable;
(B) shall not be required to obtain a permit under, or to
comply with, section 301, 302, 306, 307, 402, or 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1311, 1312,
1316, 1317, 1342, 1344), or any State or Tribal standards or
regulations approved by the Administrator under those
sections of that Act, during the term of the covered permit,
after the termination of the Good Samaritan permit, and after
declining to convert an investigative sampling permit into a
Good Samaritan permit, as applicable; and
(C) shall not be required to obtain any authorizations,
licenses, or permits that would otherwise not need to be
obtained if the remediation was conducted pursuant to section
121 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621).
(2) Unauthorized activities.--
(A) In general.--Any person (including a Good Samaritan or
any cooperating person) that carries out any activity,
including activities relating to mineral exploration,
processing, beneficiation, or mining, including development,
that is not authorized by the applicable covered permit shall
be subject to all applicable law.
(B) Liability.--Any activity not authorized by a covered
permit, as determined by the Administrator, may be subject to
liability and enforcement under all applicable law,
including--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(3) No enforcement or liability for good samaritans.--
(A) In general.--Subject to subparagraphs (D) and (E), a
Good Samaritan or cooperating person that is conducting a
remediation activity identified in, pursuant to, and in
compliance with a covered permit shall not be subject to
enforcement or liability described in subparagraph (B) for--
(i) any actions undertaken that are authorized by the
covered permit; or
(ii) any past, present, or future releases, threats of
releases, or discharges of hazardous substances, pollutants,
or contaminants at or from the abandoned hardrock mine site
that is the subject of the covered permit (including any
releases, threats of releases, or discharges that occurred
prior to the grant of the covered permit).
(B) Enforcement or liability described.--Enforcement or
liability referred to in subparagraph (A) is enforcement,
civil or criminal penalties, citizen suits and any
liabilities for response costs, natural resource damage, or
contribution under--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (including under any law or regulation administered
by a State or Indian tribe under that Act); or
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(C) Duration of applicability.--Subparagraph (A) shall
apply during the term of the covered permit, after the
termination of the Good Samaritan permit, and after declining
to convert an investigative sampling permit into a Good
Samaritan permit, as applicable.
(D) Other parties.--Nothing in subparagraph (A) limits the
liability of any person that is not described in that
subparagraph.
(E) Decline in environmental conditions.--Notwithstanding
subparagraph (A), if a Good Samaritan or cooperating person
fails to comply with any term, condition, or limitation of a
covered permit and that failure results in surface water
quality or other environmental conditions that the
Administrator determines are measurably worse than the
baseline conditions as described in the permit (in the case
of a Good Samaritan permit) or the conditions as described
pursuant to subsection (d)(3)(B), if applicable (in the case
of an investigative sampling permit), at the abandoned
hardrock mine site, the Administrator shall--
(i) notify the Good Samaritan or cooperating person, as
applicable, of the failure to comply; and
(ii) require the Good Samaritan or the cooperating person,
as applicable, to undertake reasonable measures, as
determined by the Administrator, to return surface water
quality or other environmental conditions to those
conditions.
(F) Failure to correct.--Subparagraph (A) shall not apply
to a Good Samaritan or cooperating person that fails to take
any actions required under subparagraph (E)(ii) within a
reasonable period of time, as established by the
Administrator.
(G) Minor or corrected permit violations.--For purposes of
this paragraph, the failure to comply with a term, condition,
or limitation of a Good Samaritan permit or investigative
sampling permit shall not be considered a permit violation or
noncompliance with that permit if--
(i) that failure or noncompliance does not result in a
measurable adverse impact, as determined by the
Administrator, on water quality or other environmental
conditions; or
(ii) the Good Samaritan or cooperating person complies with
subparagraph (E)(ii).
(o) Public Notification of Adverse Event.--A Good Samaritan
shall notify all appropriate Federal, State, Tribal, and
local entities of any unplanned or previously unknown release
of historic mine residue caused by the actions of the Good
Samaritan or any cooperating person in accordance with--
(1) section 103 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9603);
(2) section 304 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11004);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) any other applicable provision of Federal law; and
(5) any other applicable provision of State, Tribal, or
local law.
(p) Grant Eligibility.--A remediation project conducted
under a Good Samaritan permit shall be eligible for funding
pursuant to--
(1) section 319 of the Federal Water Pollution Control Act
(33 U.S.C. 1329), for activities that are eligible for
funding under that section; and
(2) section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)), subject to the condition that the recipient of the
funding is otherwise eligible under that section to receive a
grant to assess or remediate contamination at the site
covered by the Good Samaritan permit.
(q) Emergency Authority and Liability.--
(1) Emergency authority.--Nothing in this section affects
the authority of--
(A) the Administrator to take any responsive action
authorized by law; or
(B) a Federal, State, Tribal, or local agency to carry out
any emergency authority, including an emergency authority
provided under Federal, State, Tribal, or local law.
(2) Liability.--Except as specifically provided in this
title, nothing in this title, a Good Samaritan permit, or an
investigative sampling permit limits the liability of any
person (including a Good Samaritan or any cooperating person)
under any provision of law.
(r) Termination of Good Samaritan Permit.--
(1) In general.--A Good Samaritan permit shall terminate,
as applicable--
(A) on inspection and notice from the Administrator to the
recipient of the Good Samaritan permit that the permitted
work has been completed in accordance with the terms of the
Good Samaritan permit, as determined by the Administrator;
(B) if the Administrator terminates a permit under
paragraph (4)(B); or
(C) except as provided in paragraph (2)--
(i) on the date that is 18 months after the date on which
the Administrator granted the Good Samaritan permit, if the
permitted work has not commenced by that date; or
(ii) if the grant of the Good Samaritan permit was the
subject of a petition for judicial review, on the date that
is 18 months after the date on which the judicial review,
including any appeals, has concluded, if the permitted work
has not commenced by that date.
(2) Extension.--
[[Page S3332]]
(A) In general.--If the Administrator is otherwise required
to terminate a Good Samaritan permit under paragraph (1)(C),
the Administrator may grant an extension of the Good
Samaritan permit.
(B) Limitation.--Any extension granted under subparagraph
(A) shall be not more than 180 days for each extension.
(3) Effect of termination.--
(A) In general.--Notwithstanding the termination of a Good
Samaritan permit under paragraph (1), but subject to
subparagraph (B), the provisions of paragraphs (1) through
(4) of subsection (n) shall continue to apply to the Good
Samaritan and any cooperating persons after the termination,
including to any long-term operations and maintenance
pursuant to the agreement under paragraph (5).
(B) Degradation of surface water quality.--
(i) Opportunity to return to baseline conditions.--If, at
the time that 1 or more of the conditions described in
paragraph (1) are met but before the Good Samaritan permit is
terminated, actions by the Good Samaritan or cooperating
person have caused surface water quality at the abandoned
hardrock mine site to be measurably worse, as determined by
the Administrator, when compared to baseline conditions
described in the permit, the Administrator shall, before
terminating the Good Samaritan permit, provide the Good
Samaritan or cooperating person, as applicable, the
opportunity to return surface water quality to those baseline
conditions.
(ii) Effect.--If, pursuant to clause (i), the applicable
Good Samaritan or cooperating person does not return the
surface water quality at the abandoned hardrock mine site to
the baseline conditions described in the permit, as
determined by the Administrator, subparagraph (A) shall not
apply to the Good Samaritan or any cooperating persons.
(4) Unforeseen circumstances.--
(A) In general.--The recipient of a Good Samaritan permit
may seek to modify or terminate the Good Samaritan permit to
take into account any event or condition that--
(i) significantly reduces the feasibility or significantly
increases the cost of completing the remediation project that
is the subject of the Good Samaritan permit;
(ii) was not--
(I) reasonably contemplated by the recipient of the Good
Samaritan permit; or
(II) taken into account in the remediation plan of the
recipient of the Good Samaritan permit; and
(iii) is beyond the control of the recipient of the Good
Samaritan permit, as determined by the Administrator.
(B) Termination.--The Administrator shall terminate a Good
Samaritan permit if--
(i) the recipient of the Good Samaritan permit seeks
termination of the permit under subparagraph (A);
(ii) the factors described in subparagraph (A) are
satisfied; and
(iii) the Administrator determines that remediation
activities conducted by the Good Samaritan or cooperating
person pursuant to the Good Samaritan permit may result in
surface water quality conditions, or any other environmental
conditions, that will be worse than the baseline conditions,
as described in the Good Samaritan permit, as applicable.
(5) Long-term operations and maintenance.--In the case of a
project that involves long-term operations and maintenance at
an abandoned hardrock mine site located on land owned by the
United States, the project may be considered complete and the
Administrator, in coordination with the applicable Federal
land management agency, may terminate the Good Samaritan
permit under this subsection if the applicable Good Samaritan
has entered into an agreement with the applicable Federal
land management agency or a cooperating person for the long-
term operations and maintenance that includes sufficient
funding for the long-term operations and maintenance.
(s) Regulations.--
(1) In general.--Subject to paragraph (2), the
Administrator, in consultation with the Secretary of the
Interior and the Secretary of Agriculture, and appropriate
State, Tribal, and local officials, may promulgate any
regulations that the Administrator determines to be necessary
to carry out this title.
(2) Guidance if no regulations promulgated.--
(A) In general.--If the Administrator does not initiate a
regulatory process to promulgate regulations under paragraph
(1) within 180 days after the date of enactment of this Act,
the Administrator, in consultation with the Secretary of the
Interior, the Secretary of Agriculture, and appropriate
State, Tribal, and local officials, shall issue guidance
establishing specific requirements that the Administrator
determines would facilitate the implementation of this
section.
(B) Public comments.--Before finalizing any guidance issued
under subparagraph (A), the Administrator shall hold a 30-day
public comment period.
SEC. 1405. SPECIAL ACCOUNTS.
(a) Establishment.--There is established in the Treasury of
the United States a Good Samaritan Mine Remediation Fund
(referred to in this section as a ``Fund'') for--
(1) each Federal land management agency that authorizes a
Good Samaritan to conduct a project on Federal land under the
jurisdiction of that Federal land management agency under a
Good Samaritan permit; and
(2) the Environmental Protection Agency.
(b) Deposits.--Each Fund shall consist of--
(1) amounts provided in appropriation Acts;
(2) any proceeds from reprocessing deposited under section
1404(f)(4)(B)(iv);
(3) any financial assurance funds collected from an
agreement described in section 1404(m)(1)(A)(vi)(V)(bb);
(4) any funds collected for long-term operations and
maintenance under an agreement under section 1404(r)(5);
(5) any interest earned under an investment under
subsection (c);
(6) any proceeds from the sale or redemption of investments
held in the Fund; and
(7) any amounts donated to the Fund by any person.
(c) Unused Funds.--Amounts in each Fund not currently
needed to carry out this title shall be--
(1) maintained as readily available or on deposit;
(2) invested in obligations of the United States or
guaranteed by the United States; or
(3) invested in obligations, participations, or other
instruments that are lawful investments for a fiduciary, a
trust, or public funds.
(d) Retain and Use Authority.--The Administrator and each
head of a Federal land management agency, as appropriate,
may, notwithstanding any other provision of law, retain and
use money deposited in the applicable Fund without fiscal
year limitation for the purpose of carrying out this title.
SEC. 1406. REPORT TO CONGRESS.
(a) In General.--Not later than 8 years after the date of
enactment of this Act, the Administrator, in consultation
with the heads of Federal land management agencies, shall
submit to the Committee on Environment and Public Works of
the Senate and the Committees on Transportation and
Infrastructure, Energy and Commerce, and Natural Resources of
the House of Representatives a report evaluating the Good
Samaritan pilot program under this title.
(b) Inclusions.--The report under subsection (a) shall
include--
(1) a description of--
(A) the number, types, and objectives of Good Samaritan
permits granted pursuant to this title; and
(B) each remediation project authorized by those Good
Samaritan permits;
(2) interim or final qualitative and quantitative data on
the results achieved under the Good Samaritan permits before
the date of issuance of the report;
(3) a description of--
(A) any problems encountered in administering this title;
and
(B) whether the problems have been or can be remedied by
administrative action (including amendments to existing law);
(4) a description of progress made in achieving the
purposes of this title; and
(5) recommendations on whether the Good Samaritan pilot
program under this title should be continued, including a
description of any modifications (including amendments to
existing law) required to continue administering this title.
______
SA 1947. Mr. LEE (for Mr. Johnson (for himself and Ms. Baldwin))
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 title XIII, add the following:
SEC. 13__. PAYMENT TO CERTAIN INDIVIDUALS WHO DYE FUEL.
(a) In General.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6434. DYED FUEL.
``(a) In General.--If a person establishes to the
satisfaction of the Secretary that such person meets the
requirements of subsection (b) with respect to diesel fuel or
kerosene, then the Secretary shall pay to such person an
amount (without interest) equal to the tax described in
subsection (b)(2)(A) with respect to such diesel fuel or
kerosene.
``(b) Requirements.--
``(1) In general.--A person meets the requirements of this
subsection with respect to diesel fuel or kerosene if such
person removes from a terminal eligible indelibly dyed diesel
fuel or kerosene.
``(2) Eligible indelibly dyed diesel fuel or kerosene
defined.--The term `eligible indelibly dyed diesel fuel or
kerosene' means diesel fuel or kerosene--
``(A) with respect to which a tax under section 4081 was
previously paid (and not credited or refunded), and
``(B) which is exempt from taxation under section 4082(a).
``(c) Cross Reference.--For civil penalty for excessive
claims under this section, see section 6675.''.
(b) Conforming Amendments.--
(1) Section 6206 of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``or 6427'' each place it appears and
inserting ``6427, or 6434''; and
[[Page S3333]]
(B) by striking ``6420 and 6421'' and inserting ``6420,
6421, and 6434''.
(2) Section 6430 of such Code is amended--
(A) by striking ``or'' at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting
``, or'', and by adding at the end the following new
paragraph:
``(4) which are removed as eligible indelibly dyed diesel
fuel or kerosene under section 6434.''.
(3) Section 6675 of such Code is amended--
(A) in subsection (a), by striking ``or 6427 (relating to
fuels not used for taxable purposes)'' and inserting ``6427
(relating to fuels not used for taxable purposes), or 6434
(relating to eligible indelibly dyed fuel)''; and
(B) in subsection (b)(1), by striking ``6421, or 6427,''
and inserting ``6421, 6427, or 6434,''.
(4) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6434. Dyed fuel.''.
(c) Effective Date.--The amendments made by this section
shall apply to eligible indelibly dyed diesel fuel or
kerosene removed on or after the date that is 180 days after
the date of the enactment of this section.
______
SA 1948. Ms. ERNST 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 section 221, add the following:
(d) Data Collection and Reporting.--
(1) Definitions.--In this subsection:
(A) FAA office.--The term ``FAA office'' means any office
space owned or leased by the FAA at which 1 or more employees
of the FAA or employees of any contractor with the FAA
regularly perform their duties.
(B) Teleworking employee.--The term ``teleworking
employee'' means an employee of the FAA or of any contractor
with the FAA who is covered by a telework agreement.
(C) Working remotely.--The term ``working remotely'' means
performing work duties on a computer outside of an FAA
office.
(2) Initiation of data collection.--Not later than
September 1, 2024, the Administrator shall--
(A) establish policies requiring the login activity and
traffic on Federal information technology equipment of each
teleworking employee working remotely to be recorded; and
(B) establish best practices for managers of teleworking
employees to periodically review each teleworking employee's
traffic log while working remotely.
(3) Retention of data collection.--The Administrator shall
retain the data collected under paragraph (2) for a period of
not less than 3 years from the date on which the data is
collected. The information collected and retained during such
period shall include, with respect to each teleworking
employee working remotely, at minimum, the following:
(A) The average number of logins made each day by the
teleworking employee.
(B) The average daily connection duration for the
teleworking employee.
(C) The network traffic the teleworking employee generates
while working remotely.
(4) Report.--The Secretary shall include in the budget
justification materials (as defined in section 3(b)(2) of the
Federal Funding Accountability and Transparency Act of 2006
(31 U.S.C. 6101 note)) of the Department of Transportation
the data collected under paragraph (2) in an aggregated
format which protects personally identifiable information and
compares the data to the average utilization rates of
teleworking employees working remotely on each weekday to the
average utilization rates of all Federal employees with a
telework agreement who work remotely, for the most recent
period for which such data is available.
______
SA 1949. Mr. GRASSLEY (for himself and Mr. Whitehouse) 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. ___. IMPLEMENTATION OF ANTI-TERRORIST AND NARCOTIC AIR
EVENTS PROGRAMS.
(a) Implementation.--
(1) Priority recommendations.--Not later than 180 days
after the date of enactment of this section, the
Administrator shall--
(A) implement recommendations 6, 7, 13, 14, and 15 set
forth in the Government Accountability Office report entitled
``Aviation: FAA Needs to Better Prevent, Detect, and Respond
to Fraud and Abuse Risks in Aircraft Registration,'' (dated
March 25, 2020); and
(B) to the extent that rulemaking is necessary to implement
such recommendations, issue a notice of proposed rulemaking
pursuant to the rulemaking authority of the FAA.
(2) Remaining recommendations.--The Administrator shall
implement the remaining recommendations set forth in the
Government Accountability Office report described in
paragraph (1) and, to the extent that rulemaking is necessary
to implement such recommendations, issue a notice of proposed
rulemaking pursuant to the rulemaking authority of the FAA,
on the earlier of--
(A) the date that is 90 days after the date on which the
FAA implements the Civil Aviation Registry Electronic
Services system; or
(B) January 1, 2026.
(b) Reports.--
(1) Priority recommendations.--Not later than 60 days after
the date on which the Administrator implements the
recommendations under subsection (a)(1), the Administrator
shall submit to the Committees on the Judiciary and Commerce,
Science, and Transportation of the Senate, the Committees on
the Judiciary and Energy and Commerce of the House of
Representatives, and the Caucus on International Narcotics
Control of the Senate a report on such implementation,
including a description of any steps taken by the
Administrator to complete such implementation.
(2) Remaining recommendations.--Not later than 60 days
after the date on which the Administrator implements the
recommendations under subsection (a)(2), the Administrator
shall submit to the Committees on the Judiciary and Commerce,
Science, and Transportation of the Senate, the Committees on
the Judiciary and Energy and Commerce of the House of
Representatives, and the Caucus on International Narcotics
Control of the Senate a report on such implementation,
including a description of any steps taken by the
Administrator to complete such implementation.
______
SA 1950. Mr. CORNYN (for himself, Mr. Ossoff, Mr. Grassley, Mr.
Peters, Mr. Coons, and Mr. Cruz) 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--LAW ENFORCEMENT AND VICTIM SUPPORT ACT OF 2024
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Law Enforcement and Victim
Support Act of 2024''.
SEC. 1402. PREVENTING CHILD TRAFFICKING ACT OF 2024.
(a) Defined Term.--In this section, the term ``anti-
trafficking recommendations'' means the recommendations set
forth in the report of the Government Accountability Office
entitled ``Child Trafficking: Addressing Challenges to Public
Awareness and Survivor Support'', which was published on
December 11, 2023.
(b) Implementation of Anti-trafficking Programs for
Children.--Not later than 180 days after the date of the
enactment of this Act, the Office for Victims of Crime of the
Department of Justice, in coordination with the Office on
Trafficking in Persons of the Administration for Children and
Families, shall implement the anti-trafficking
recommendations.
(c) Report.--Not later than 60 days after the date on which
the Office for Victims of Crime implements the anti-
trafficking recommendations pursuant to subsection (c), the
Director of the Office for Victims of Crime shall submit a
report to the Committee on the Judiciary of the Senate and
Committee on the Judiciary of the House of Representatives
that explicitly describes the steps taken by the Office to
complete such implementation.
SEC. 1403. PROJECT SAFE CHILDHOOD ACT.
Section 143 of the Adam Walsh Child Protection and Safety
Act of 2006 (34 U.S.C. 20942) is amended to read as follows:
``SEC. 143. PROJECT SAFE CHILDHOOD.
``(a) Definitions.--In this section:
``(1) Child sexual abuse material.--The term `child sexual
abuse material' has the meaning given the term `child
pornography' in section 2256 of title 18, United States Code.
``(2) Child sexual exploitation offense.--The term `child
sexual exploitation offense' means--
``(A)(i) an offense involving a minor under section 1591 or
chapter 117 of title 18, United States Code;
``(ii) an offense under subsection (a), (b), or (c) of
section 2251 of title 18, United States Code;
``(iii) an offense under section 2251A or 2252A(g) of title
18, United States Code; or
``(iv) any attempt or conspiracy to commit an offense
described in clause (i) or (ii); or
``(B) an offense involving a minor under a State or Tribal
statute that is similar to a provision described in
subparagraph (A).
[[Page S3334]]
``(3) Circle of trust offender.--The term `circle of trust
offender' means an offender who is related to, or in a
position of trust, authority, or supervisory control with
respect to, a child.
``(4) Computer.--The term `computer' has the meaning given
the term in section 1030 of title 18, United States Code.
``(5) Contact sexual offense.--The term `contact sexual
offense' means--
``(A) an offense involving a minor under chapter 109A of
title 18, United States Code, or any attempt or conspiracy to
commit such an offense; or
``(B) an offense involving a minor under a State or Tribal
statute that is similar to a provision described in
subparagraph (A).
``(6) Dual offender.--The term `dual offender' means--
``(A) a person who commits--
``(i) a technology-facilitated child sexual exploitation
offense or an offense involving child sexual abuse material;
and
``(ii) a contact sexual offense; and
``(B) without regard to whether the offenses described in
clauses (i) and (ii) of subparagraph (A)--
``(i) are committed as part of the same course of conduct;
or
``(ii) involve the same victim.
``(7) Facilitator.--The term `facilitator' means an
individual who facilitates the commission by another
individual of--
``(A) a technology-facilitated child sexual exploitation
offense or an offense involving child sexual abuse material;
or
``(B) a contact sexual offense.
``(8) ICAC affiliate partner.--The term `ICAC affiliate
partner' means a law enforcement agency that has entered into
a formal operating agreement with the ICAC Task Force
Program.
``(9) ICAC task force.--The term `ICAC task force' means a
task force that is part of the ICAC Task Force Program.
``(10) ICAC task force program.--The term `ICAC Task Force
Program' means the National Internet Crimes Against Children
Task Force Program established under section 102 of the
PROTECT Our Children Act of 2008 (34 U.S.C. 21112).
``(11) Offense involving child sexual abuse material.--The
term `offense involving child sexual abuse material' means--
``(A) an offense under section 2251(d), section 2252, or
paragraphs (1) through (6) of section 2252A(a) of title 18,
United States Code, or any attempt or conspiracy to commit
such an offense; or
``(B) an offense under a State or Tribal statute that is
similar to a provision described in subparagraph (A).
``(12) Serious offender.--The term `serious offender'
means--
``(A) an offender who has committed a contact sexual
offense or child sexual exploitation offense;
``(B) a dual offender, circle of trust offender, or
facilitator; or
``(C) an offender with a prior conviction for a contact
sexual offense, a child sexual exploitation offense, or an
offense involving child sexual abuse material.
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(14) Technology-facilitated.--The term `technology-
facilitated', with respect to an offense, means an offense
that is committed through the use of a computer, even if the
use of a computer is not an element of the offense.
``(b) Establishment of Program.--The Attorney General shall
create and maintain a nationwide initiative to align Federal,
State, and local entities to combat the growing epidemic of
online child sexual exploitation and abuse, to be known as
the `Project Safe Childhood program', in accordance with this
section.
``(c) Best Practices.--The Attorney General, in
coordination with the Child Exploitation and Obscenity
Section of the Criminal Division of the Department of Justice
and the Office of Juvenile Justice and Delinquency Prevention
of the Department of Justice, and in consultation with
training and technical assistance providers under the ICAC
Task Force Program who are funded by the Attorney General and
with appropriate nongovernmental organizations, shall--
``(1) develop best practices to adopt a balanced approach
to the investigation of suspect leads involving contact
sexual offenses, child sexual exploitation offenses, and
offenses involving child sexual abuse material, and the
prosecution of those offenses, prioritizing when feasible the
identification of a child victim or a serious offender, which
approach shall incorporate the use of--
``(A) proactively generated leads, including leads
generated by current and emerging technology;
``(B) in-district investigative referrals; and
``(C) CyberTipline reports from the National Center for
Missing and Exploited Children;
``(2) develop best practices to be used by each United
States Attorney and ICAC task force to assess the likelihood
that an individual could be a serious offender or that a
child victim may be identified;
``(3) develop and implement a tracking and communication
system for Federal, State, and local law enforcement agencies
and prosecutor's offices to report successful cases of victim
identification and child rescue to the Department of Justice
and the public; and
``(4) encourage the submission of all lawfully seized
visual depictions to the Child Victim Identification Program
of the National Center for Missing and Exploited Children.
``(d) Implementation.--Except as authorized under
subsection (e), funds authorized under this section may only
be used for the following 4 purposes:
``(1) Integrated Federal, State, and local efforts to
investigate and prosecute contact sexual offenses, child
sexual exploitation offenses, and offenses involving child
sexual abuse material, including--
``(A) the partnership by each United States Attorney with
each Internet Crimes Against Children Task Force within the
district of such attorney;
``(B) training of Federal, State, and local law enforcement
officers and prosecutors through--
``(i) programs facilitated by the ICAC Task Force Program;
``(ii) ICAC training programs supported by the Office of
Juvenile Justice and Delinquency Prevention of the Department
of Justice;
``(iii) programs facilitated by appropriate nongovernmental
organizations with subject matter expertise, technical skill,
or technological tools to assist in the identification of and
response to serious offenders, contact sexual offenses, child
sexual exploitation offenses, or offenses involving child
sexual abuse material; and
``(iv) any other program that provides training--
``(I) on the investigation and identification of serious
offenders or victims of contact sexual offenses, child sexual
exploitation offenses, or offenses involving child sexual
abuse material; or
``(II) that specifically addresses the use of existing and
emerging technologies to commit or facilitate contact sexual
offenses, child sexual exploitation offenses, or offenses
involving child sexual abuse material;
``(C) the development by each United States Attorney of a
district-specific strategic plan to coordinate with State and
local law enforcement agencies and prosecutor's offices,
including ICAC task forces and their ICAC affiliate partners,
on the investigation of suspect leads involving serious
offenders, contact sexual offenses, child sexual exploitation
offenses, and offenses involving child sexual abuse material,
and the prosecution of those offenders and offenses, which
plan--
``(i) shall include--
``(I) the use of the best practices developed under
paragraphs (1) and (2) of subsection (c);
``(II) the development of plans and protocols to target and
rapidly investigate cases involving potential serious
offenders or the identification and rescue of a victim of a
contact sexual offense, a child sexual exploitation offense,
or an offense involving child sexual abuse material;
``(III) the use of training and technical assistance
programs to incorporate victim-centered, trauma-informed
practices in cases involving victims of contact sexual
offenses, child sexual exploitation offenses, and offenses
involving child sexual abuse material, which may include the
use of child protective services, children's advocacy
centers, victim support specialists, or other supportive
services;
``(IV) the development of plans to track, report, and
clearly communicate successful cases of victim identification
and child rescue to the Department of Justice and the public;
``(V) an analysis of the investigative and forensic
capacity of law enforcement agencies and prosecutor's offices
within the district, and goals for improving capacity and
effectiveness;
``(VI) a written policy describing the criteria for
referrals for prosecution from Federal, State, or local law
enforcement agencies, particularly when the investigation may
involve a potential serious offender or the identification or
rescue of a child victim;
``(VII) plans and budgets for training of relevant
personnel on contact sexual offenses, child sexual
exploitation offenses, and offenses involving child sexual
abuse material;
``(VIII) plans for coordination and cooperation with State,
local, and Tribal law enforcement agencies and prosecutorial
offices; and
``(IX) evidence-based programs that educate the public
about and increase awareness of such offenses; and
``(ii) shall be developed in consultation, as appropriate,
with--
``(I) the local ICAC task force;
``(II) the United States Marshals Service Sex Offender
Targeting Center;
``(III) training and technical assistance providers under
the ICAC Task Force Program who are funded by the Attorney
General;
``(IV) nongovernmental organizations with subject matter
expertise, technical skill, or technological tools to assist
in the identification of and response to contact sexual
offenses, child sexual exploitation offenses, or offenses
involving child sexual abuse material;
``(V) any relevant component of Homeland Security
Investigations;
``(VI) any relevant component of the Federal Bureau of
Investigation;
``(VII) the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice;
``(VIII) the Child Exploitation and Obscenity Section of
the Criminal Division of the Department of Justice;
``(IX) the United States Postal Inspection Service;
``(X) the United States Secret Service; and
[[Page S3335]]
``(XI) each military criminal investigation organization of
the Department of Defense; and
``(D) a quadrennial assessment by each United States
Attorney of the investigations within the district of such
attorney of contact sexual offenses, child sexual
exploitation offenses, and offenses involving child sexual
abuse material--
``(i) with consideration of--
``(I) the variety of sources for leads;
``(II) the proportion of work involving proactive or
undercover law enforcement investigations;
``(III) the number of serious offenders identified and
prosecuted; and
``(IV) the number of children identified or rescued; and
``(ii) information from which may be used by the United
States Attorney, as appropriate, to revise the plan described
in subparagraph (C).
``(2) Major case coordination by the Department of Justice
(or other Federal agencies as appropriate), including
specific cooperation, as appropriate, with--
``(A) the Child Exploitation and Obscenity Section of the
Criminal Division of the Department of Justice;
``(B) any relevant component of Homeland Security
Investigations;
``(C) any relevant component of the Federal Bureau of
Investigation;
``(D) the ICAC task forces and ICAC affiliate partners;
``(E) the United States Marshals Service, including the Sex
Offender Targeting Center;
``(F) the United States Postal Inspection Service;
``(G) the United States Secret Service;
``(H) each Military Criminal Investigation Organization of
the Department of Defense; and
``(I) any task forces established in connection with the
Project Safe Childhood program set forth under subsection
(b).
``(3) Increased Federal involvement in, and commitment to,
the prevention and prosecution of technology-facilitated
child sexual exploitation offenses or offenses involving
child sexual abuse material by--
``(A) using technology to identify victims and serious
offenders;
``(B) developing processes and tools to identify victims
and offenders; and
``(C) taking measures to improve information sharing among
Federal law enforcement agencies, including for the purposes
of implementing the plans and protocols described in
paragraph (1)(C)(i)(II) to identify and rescue--
``(i) victims of contact sexual offenses, child sexual
exploitation offenses, and offenses involving child sexual
abuse material; or
``(ii) victims of serious offenders.
``(4) The establishment, development, and implementation of
a nationally coordinated `Safer Internet Day' every year
developed in collaboration with the Department of Education,
national and local internet safety organizations, parent
organizations, social media companies, and schools to
provide--
``(A) national public awareness and evidence-based
educational programs about the threats posed by circle of
trust offenders and the threat of contact sexual offenses,
child sexual exploitation offenses, or offenses involving
child sexual abuse material, and the use of technology to
facilitate those offenses;
``(B) information to parents and children about how to
avoid or prevent technology-facilitated child sexual
exploitation offenses; and
``(C) information about how to report possible technology-
facilitated child sexual exploitation offenses or offenses
involving child sexual abuse material through--
``(i) the National Center for Missing and Exploited
Children;
``(ii) the ICAC Task Force Program; and
``(iii) any other program that--
``(I) raises national awareness about the threat of
technology-facilitated child sexual exploitation offenses or
offenses involving child sexual abuse material; and
``(II) provides information to parents and children seeking
to report possible violations of technology-facilitated child
sexual exploitation offenses or offenses involving child
sexual abuse material.
``(e) Expansion of Project Safe Childhood.--Notwithstanding
subsection (d), funds authorized under this section may be
also be used for the following purposes:
``(1) The addition of not less than 20 Assistant United
States Attorneys at the Department of Justice, relative to
the number of such positions as of the day before the date of
enactment of the Law Enforcement and Victim Support Act of
2024, who shall be--
``(A) dedicated to the prosecution of cases in connection
with the Project Safe Childhood program set forth under
subsection (b); and
``(B) responsible for assisting and coordinating the plans
and protocols of each district under subsection
(d)(1)(C)(i)(II).
``(2) Such other additional and related purposes as the
Attorney General determines appropriate.
``(f) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated--
``(A) for the activities described under paragraphs (1),
(2), and (3) of subsection (d), $28,550,000 for each of
fiscal years 2023 through 2028;
``(B) for the activities described under subsection (d)(4),
$4,000,000 for each of fiscal years 2023 through 2028; and
``(C) for the activities described under subsection (e),
$29,100,000 for each of fiscal years 2023 through 2028.
``(2) Supplement, not supplant.--Amounts made available to
State and local agencies, programs, and services under this
section shall supplement, and not supplant, other Federal,
State, or local funds made available for those agencies,
programs, and services.''.
SEC. 1404. STRONG COMMUNITIES ACT OF 2023.
Section 1701 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by
adding at the end the following:
``(o) COPS Strong Communities Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) an institution of higher education, as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001), that, in coordination or through an agreement with a
local law enforcement agency, offers a law enforcement
training program; or
``(ii) a local law enforcement agency that offers a law
enforcement training program.
``(B) Local law enforcement agency.--The term `local law
enforcement agency' means an agency of a State, unit of local
government, or Indian Tribe that is authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
``(2) Grants.--The Attorney General may use amounts
otherwise appropriated to carry out this section for a fiscal
year (beginning with fiscal year 2024) to make competitive
grants to local law enforcement agencies to be used for
officers and recruits to attend law enforcement training
programs at eligible entities if the officers and recruits
agree to serve in law enforcement agencies in their
communities.
``(3) Eligibility.--To be eligible for a grant through a
local law enforcement agency under this subsection, each
officer or recruit described in paragraph (2) shall--
``(A) serve as a full-time law enforcement officer for a
total of not fewer than 4 years during the 8-year period
beginning on the date on which the officer or recruit
completes a law enforcement training program for which the
officer or recruit receives benefits;
``(B) complete the service described in subparagraph (A) in
a local law enforcement agency located within--
``(i) 7 miles of the residence of the officer or recruit
where the officer or recruit has resided for not fewer than 5
years; or
``(ii) if the officer or recruit resides in a county with
fewer than 150,000 residents, within 20 miles of the
residence of the officer or recruit where the officer or
recruit has resided for not fewer than 5 years; and
``(C) submit to the eligible entity providing a law
enforcement training program to the officer or recruit
evidence of employment of the officer or recruit in the form
of a certification by the chief administrative officer of the
local law enforcement agency where the officer or recruit is
employed.
``(4) Repayment.--
``(A) In general.--If an officer or recruit does not
complete the service described in paragraph (3), the officer
or recruit shall submit to the local law enforcement agency
an amount equal to any benefits the officer or recruit
received through the local law enforcement agency under this
subsection.
``(B) Regulations.--The Attorney General shall promulgate
regulations that establish categories of extenuating
circumstances under which an officer or recruit may be
excused from repayment under subparagraph (A).''.
SEC. 1405. FIGHTING POST-TRAUMATIC STRESS DISORDER ACT OF
2023.
(a) Findings.--Congress finds the following:
(1) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
(2) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with
situations that are stressful, graphic, harrowing, and life-
threatening.
(3) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute
stress disorder.
(4) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point
in their lifetimes, including depression and post-traumatic
stress disorder, in comparison to 20 percent of the general
population that develops such conditions.
(5) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
(6) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
(7) It is estimated that between 125 and 300 police
officers die by suicide every year.
(8) In 2019, pursuant to section 2(b) of the Law
Enforcement Mental Health and Wellness Act of 2017 (Public
Law 115-113; 131 Stat. 2276), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report (referred to in this section as
the ``LEMHWA report'') that expressed that many law
enforcement agencies do not have the capacity
[[Page S3336]]
or local access to the mental health professionals necessary
for treating their law enforcement officers.
(9) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
(10) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
(b) Programming for Post-traumatic Stress Disorder.--
(1) Definitions.--In this subsection:
(A) Public safety officer.--The term ``public safety
officer''--
(i) has the meaning given the term in section 1204 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10284); and
(ii) includes Tribal public safety officers.
(B) Public safety telecommunicator.--The term ``public
safety telecommunicator'' means an individual who--
(i) operates telephone, radio, or other communication
systems to receive and communicate requests for emergency
assistance at 911 public safety answering points and
emergency operations centers;
(ii) takes information from the public and other sources
relating to crimes, threats, disturbances, acts of terrorism,
fires, medical emergencies, and other public safety matters;
and
(iii) coordinates and provides information to law
enforcement and emergency response personnel.
(2) Report.--Not later than 150 days after the date of
enactment of this Act, the Attorney General, acting through
the Director of the Office of Community Oriented Policing
Services of the Department of Justice, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on--
(A) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to
be administered by the Department of Justice for making
state-of-the-art treatments or preventative care available to
public safety officers and public safety telecommunicators
with regard to job-related post-traumatic stress disorder or
acute stress disorder by providing public safety officers and
public safety telecommunicators access to evidence-based
trauma-informed care, peer support, counselor services, and
family supports for the purpose of treating or preventing
post-traumatic stress disorder or acute stress disorder;
(B) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in paragraph (1) under the proposed program;
(C) how each proposed program described in subparagraph (A)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
(D) a draft of legislative language necessary to authorize
each proposed program described in subparagraph (A); and
(E) an estimate of the amount of annual appropriations
necessary for administering each proposed program described
in subparagraph (A).
(3) Development.--In developing the report required under
paragraph (2), the Attorney General shall consult relevant
stakeholders, including--
(A) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
(B) non-governmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers and public safety telecommunicators and the
interests of family members of public safety officers and
public safety telecommunicators.
SEC. 1406. RECRUIT AND RETAIN ACT.
(a) Improving COPS Grants for Police Hiring Purposes.--
(1) Grant use expansion.--Section 1701(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(b)) is amended--
(A) by redesignating paragraphs (5) through (23) as
paragraphs (6) through (24), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) to support hiring activities by law enforcement
agencies experiencing declines in officer recruitment
applications by reducing application-related fees, such as
fees for background checks, psychological evaluations, and
testing;''.
(2) Technical amendment.--Section 1701(b)(23) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381(b)(23)), as so redesignated, is amended by
striking ``(21)'' and inserting ``(22)''.
(b) Administrative Costs.--Section 1701 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381), as amended by section 1404, is amended--
(1) by redesignating subsections (i) through (o) as
subsections (k) through (p), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Administrative Costs.--Not more than 2 percent of a
grant made for the hiring or rehiring of additional career
law enforcement officers may be used for costs incurred to
administer such grant.''.
(c) Pipeline Partnership Program.--Section 1701 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381), as amended by section 1404 and subsection (b),
is amended by inserting after subsection (p) the following:
``(q) COPS Pipeline Partnership Program.--
``(1) Eligible entity defined.--In this subsection, the
term `eligible entity' means a law enforcement agency in
partnership with not less than 1 educational institution,
which may include 1 or any combination of the following:
``(A) An elementary school.
``(B) A secondary school.
``(C) An institution of higher education.
``(D) A Hispanic-serving institution.
``(E) A historically Black college or university.
``(F) A Tribal college.
``(2) Grants.--The Attorney General shall award competitive
grants to eligible entities for recruiting activities that--
``(A) support substantial student engagement for the
exploration of potential future career opportunities in law
enforcement;
``(B) strengthen recruitment by law enforcement agencies
experiencing a decline in recruits, or high rates of
resignations or retirements;
``(C) enhance community interactions between local youth
and law enforcement agencies that are designed to increase
recruiting; and
``(D) otherwise improve the outcomes of local law
enforcement recruitment through activities such as dedicated
programming for students, work-based learning opportunities,
project-based learning, mentoring, community liaisons, career
or job fairs, work site visits, job shadowing,
apprenticeships, or skills-based internships.
``(3) Funding.--Of the amounts made available to carry out
this part for a fiscal year, the Attorney General may use not
more than $3,000,000 to carry out this subsection.''.
(d) COPS Grant Guidance for Agencies Operating Below
Budgeted Strength.--Section 1704 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10384)
is amended by adding at the end the following:
``(d) Guidance for Understaffed Law Enforcement Agencies.--
``(1) Definitions.--In this subsection:
``(A) Covered applicant.--The term `covered applicant'
means an applicant for a hiring grant under this part seeking
funding for a law enforcement agency operating below the
budgeted strength of the law enforcement agency.
``(B) Budgeted strength.--The term `budgeted strength'
means the employment of the maximum number of sworn law
enforcement officers the budget of a law enforcement agency
allows the agency to employ.
``(2) Procedures.--Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
establish consistent procedures for covered applicants,
including guidance that--
``(A) clarifies that covered applicants remain eligible for
funding under this part; and
``(B) enables covered applicants to attest that the funding
from a grant awarded under this part is not being used by the
law enforcement agency to supplant State or local funds, as
described in subsection (a).
``(3) Paperwork reduction.--In developing the procedures
and guidance under paragraph (2), the Attorney General shall
take measures to reduce paperwork requirements for grants to
covered applicants.''.
(e) Study on Police Recruitment.--
(1) Study.--
(A) In general.--The Comptroller General of the United
States shall conduct a study to consider the comprehensive
effects of recruitment and attrition rates on Federal, State,
Tribal, and local law enforcement agencies in the United
States, to identify--
(i) the primary reasons that law enforcement officers--
(I) join law enforcement agencies; and
(II) resign or retire from law enforcement agencies;
(ii) how the reasons described in clause (i) may have
changed over time;
(iii) the effects of recruitment and attrition on public
safety;
(iv) the effects of electronic media on recruitment
efforts;
(v) barriers to the recruitment and retention of Federal,
State, and local law enforcement officers; and
(vi) recommendations for potential ways to address barriers
to the recruitment and retention of law enforcement officers,
including the barriers identified in clause (v).
(B) Representative cross-section.--
(i) In general.--The Comptroller General of the United
States shall endeavor to ensure accurate representation of
law enforcement agencies in the study conducted pursuant to
subparagraph (A) by surveying a broad cross-section of law
enforcement agencies--
(I) from various regions of the United States;
(II) of different sizes; and
(III) from rural, suburban, and urban jurisdictions.
(ii) Methods description.--The study conducted pursuant to
subparagraph (A) shall
[[Page S3337]]
include in the report under paragraph (2) a description of
the methods used to identify a representative sample of law
enforcement agencies.
(2) Report.--Not later than 540 days after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report containing the study conducted under
paragraph (1); and
(B) make the report submitted under subparagraph (A)
publicly available online.
(3) Confidentiality.--The Comptroller General of the United
States shall ensure that the study conducted under paragraph
(1) protects the privacy of participating law enforcement
agencies.
SEC. 1407. ADMINISTRATIVE FALSE CLAIMS ACT OF 2023.
(a) Change in Short Title.--
(1) In general.--Subtitle B of title VI of the Omnibus
Budget Reconciliation Act of 1986 (Public Law 99-509; 100
Stat. 1934) is amended--
(A) in the subtitle heading, by striking ``Program Fraud
Civil Remedies'' and inserting ``Administrative False
Claims''; and
(B) in section 6101 (31 U.S.C. 3801 note), by striking
``Program Fraud Civil Remedies Act of 1986'' and inserting
``Administrative False Claims Act''.
(2) References.--Any reference to the Program Fraud Civil
Remedies Act of 1986 in any provision of law, regulation,
map, document, record, or other paper of the United States
shall be deemed a reference to the Administrative False
Claims Act.
(b) Reverse False Claims.--Chapter 38 of title 31, United
States Code, is amended--
(1) in section 3801(a)(3), by amending subparagraph (C) to
read as follows:
``(C) made to an authority which has the effect of
concealing or improperly avoiding or decreasing an obligation
to pay or transmit property, services, or money to the
authority,''; and
(2) in section 3802(a)(3)--
(A) by striking ``An assessment'' and inserting ``(A)
Except as provided in subparagraph (B), an assessment''; and
(B) by adding at the end the following:
``(B) In the case of a claim described in section
3801(a)(3)(C), an assessment shall not be made under the
second sentence of paragraph (1) in an amount that is more
than double the value of the property, services, or money
that was wrongfully withheld from the authority.''.
(c) Increasing Dollar Amount of Claims.--Section 3803(c) of
title 31, United States Code, is amended--
(1) in paragraph (1), by striking ``$150,000'' each place
that term appears and inserting ``$1,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment for Inflation.--The maximum amount in
paragraph (1) shall be adjusted for inflation in the same
manner and to the same extent as civil monetary penalties
under the Federal Civil Penalties Inflation Adjustment Act
(28 U.S.C. 2461 note).''.
(d) Recovery of Costs.--Section 3806(g)(1) of title 31,
United States Code, is amended to read as follows:
``(1)(A) Except as provided in paragraph (2)--
``(i) any amount collected under this chapter shall be
credited first to reimburse the authority or other Federal
entity that expended costs in support of the investigation or
prosecution of the action, including any court or hearing
costs; and
``(ii) amounts reimbursed under clause (i) shall--
``(I) be deposited in--
``(aa) the appropriations account of the authority or other
Federal entity from which the costs described in subparagraph
(A) were obligated;
``(bb) a similar appropriations account of the authority or
other Federal entity; or
``(cc) if the authority or other Federal entity expended
nonappropriated funds, another appropriate account; and
``(II) remain available until expended.
``(B) Any amount remaining after reimbursements described
in subparagraph (A) shall be deposited as miscellaneous
receipts in the Treasury of the United States.''.
(e) Semiannual Reporting.--Section 405(c) of title 5,
United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) information relating to cases under chapter 38 of
title 31, including--
``(A) the number of reports submitted by investigating
officials to reviewing officials under section 3803(a)(1) of
such title;
``(B) actions taken in response to reports described in
subparagraph (A), which shall include statistical tables
showing--
``(i) pending cases;
``(ii) resolved cases;
``(iii) the average length of time to resolve each case;
``(iv) the number of final agency decisions that were
appealed to a district court of the United States or a higher
court; and
``(v) if the total number of cases in a report is greater
than 2--
``(I) the number of cases that were settled; and
``(II) the total penalty or assessment amount recovered in
each case, including through a settlement or compromise; and
``(C) instances in which the reviewing official declined to
proceed on a case reported by an investigating official;
and''.
(f) Increasing Efficiency of DOJ Processing.--Section
3803(j) of title 31, United States Code, is amended--
(1) by inserting ``(1)'' before ``The reviewing''; and
(2) by adding at the end the following:
``(2) A reviewing official shall notify the Attorney
General in writing not later than 30 days before entering
into any agreement to compromise or settle allegations of
liability under section 3802 and before the date on which the
reviewing official is permitted to refer allegations of
liability to a presiding officer under subsection (b).''.
(g) Revision of Definition of Hearing Officials.--
(1) In general.--Chapter 38 of title 31, United States
Code, is amended--
(A) in section 3801(a)(7)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B)(vii), by adding ``or'' at the end;
and
(iii) by adding at the end the following:
``(C) a member of the board of contract appeals pursuant to
section 7105 of title 41, if the authority does not employ an
available presiding officer under subparagraph (A);''; and
(B) in section 3803(d)(2)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B)--
(I) by striking ``the presiding'' and inserting ``(i) in
the case of a referral to a presiding officer described in
subparagraph (A) or (B) of section 3801(a)(7), the
presiding'';
(II) in clause (i), as so designated, by striking the
period at the end and inserting ``; or''; and
(III) by adding at the end the following:
``(ii) in the case of a referral to a presiding officer
described in subparagraph (C) of section 3801(a)(7)--
``(I) the reviewing official shall submit a copy of the
notice required by under paragraph (1) and of the response of
the person receiving such notice requesting a hearing--
``(aa) to the board of contract appeals that has
jurisdiction over matters arising from the agency of the
reviewing official pursuant to section 7105(e)(1) of title
41; or
``(bb) if the Chair of the board of contract appeals
declines to accept the referral, to any other board of
contract appeals; and
``(II) the reviewing official shall simultaneously mail, by
registered or certified mail, or shall deliver, notice to the
person alleged to be liable under section 3802 that the
referral has been made to an agency board of contract appeals
with an explanation as to where the person may obtain the
relevant rules of procedure promulgated by the board; and'';
and
(iii) by adding at the end the following:
``(C) in the case of a hearing conducted by a presiding
officer described in subparagraph (C) of section 3801(a)(7)--
``(i) the presiding officer shall conduct the hearing
according to the rules and procedures promulgated by the
board of contract appeals; and
``(ii) the hearing shall not be subject to the provisions
in subsection (g)(2), (h), or (i).''.
(2) Agency boards.--Section 7105(e) of title 41, United
States Code, is amended--
(A) in paragraph (1), by adding at the end the following:
``(E) Administrative false claims act.--
``(i) In general.--The boards described in subparagraphs
(B), (C), and (D) shall have jurisdiction to hear any case
referred to a board of contract appeals under section 3803(d)
of title 31.
``(ii) Declining referral.--If the Chair of a board
described in subparagraph (B), (C), or (D) determines that
accepting a case under clause (i) would prevent adequate
consideration of other cases being handled by the board, the
Chair may decline to accept the referral.''; and
(B) in paragraph (2), by inserting ``or, in the event that
a case is filed under chapter 38 of title 31, any relief that
would be available to a litigant under that chapter'' before
the period at the end.
(3) Regulations.--Not later than 180 days after the date of
enactment of this Act, each authority head, as defined in
section 3801 of title 31, United States Code, and each board
of contract appeals of a board described in subparagraph (B),
(C), or (D) of section 7105(e) of title 41, United States
Code, shall amend procedures regarding proceedings as
necessary to implement the amendments made by this
subsection.
(h) Revision of Limitations.--Section 3808 of title 31,
United States Code, is amended by striking subsection (a) and
inserting the following:
``(a) A notice to the person alleged to be liable with
respect to a claim or statement shall be mailed or delivered
in accordance with section 3803(d)(1) not later than the
later of--
``(1) 6 years after the date on which the violation of
section 3802 is committed; or
``(2) 3 years after the date on which facts material to the
action are known or reasonably should have been known by the
authority head, but in no event more than 10 years after the
date on which the violation is committed.''.
(i) Definitions.--Section 3801 of title 31, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (8), by striking ``and'' at the end;
[[Page S3338]]
(B) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(10) `material' has the meaning given the term in section
3729(b) of this title; and
``(11) `obligation' has the meaning given the term in
section 3729(b) of this title.''; and
(2) by adding at the end the following:
``(d) For purposes of subsection (a)(10), materiality shall
be determined in the same manner as under section 3729 of
this title.''.
(j) Promulgation of Regulations.--Not later than 180 days
after the date of enactment of this Act, each authority head,
as defined in section 3801 of title 31, United States Code,
shall--
(1) promulgate regulations and procedures to carry out this
Act and the amendments made by this Act; and
(2) review and update existing regulations and procedures
of the authority to ensure compliance with this Act and the
amendments made by this Act.
SEC. 1408. JUSTICE FOR MURDER VICTIMS ACT.
(a) In General.--Chapter 51 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1123. No maximum time period between act or omission
and death of victim
``(a) In General.--A prosecution may be instituted for any
homicide offense under this title without regard to the time
that elapsed between--
``(1) the act or omission that caused the death of the
victim; and
``(2) the death of the victim.
``(b) Relation to Statute of Limitations.--Nothing in
subsection (a) shall be construed to supersede the
limitations period under section 3282(a), to the extent
applicable.
``(c) Maximum Time Period Applicable if Death Penalty
Imposed.--A sentence of death may not be imposed for a
homicide offense under this title unless the Government
proves beyond a reasonable doubt that not more than 1 year
and 1 day elapsed between--
``(1) the act or omission that caused the death of the
victim; and
``(2) the death of the victim.''.
(b) Table of Contents.--The table of sections for chapter
51 of title 18, United States Code, is amended by adding at
the end the following:
``1123. No maximum time period between act or omission and death of
victim.''.
(c) Applicability.--Section 1123(a) of title 18, United
States Code, as added by subsection (a), shall apply with
respect to an act or omission described in that section that
occurs after the date of enactment of this Act.
(d) Maximum Penalty for First-degree Murder Based on Time
Period Between Act or Omission and Death of Victim.--Section
1111(b) of title 18, United States Code, is amended by
inserting after ``imprisonment for life'' the following: ``,
unless the death of the victim occurred more than 1 year and
1 day after the act or omission that caused the death of the
victim, in which case the punishment shall be imprisonment
for any term of years or for life''.
SEC. 1409. PROJECT SAFE NEIGHBORHOODS REAUTHORIZATION ACT OF
2023.
(a) Findings.--Congress finds the following:
(1) Launched in 2001, the Project Safe Neighborhoods
program is a nationwide initiative that brings together
Federal, State, local, and Tribal law enforcement officials,
prosecutors, community leaders, and other stakeholders to
identify the most pressing crime problems in a community and
work collaboratively to address those problems.
(2) The Project Safe Neighborhoods program--
(A) operates in all 94 Federal judicial districts
throughout the 50 States and territories of the United
States; and
(B) implements 4 key components to successfully reduce
violent crime in communities, including community engagement,
prevention and intervention, focused and strategic
enforcement, and accountability.
(b) Reauthorization.--
(1) Definitions.--Section 2 of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (? 34
U.S.C. 60701) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (4), and (5), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) the term crime analyst means an individual employed
by a law enforcement agency for the purpose of separating
information into key components and contributing to plans of
action to understand, mitigate, and neutralize criminal
threats;''; and
(C) by inserting after paragraph (2), as so redesignated,
the following:
``(3) the term law enforcement assistant means an
individual employed by a law enforcement agency or a
prosecuting agency for the purpose of aiding law enforcement
officers in investigative or administrative duties;''.
(2) Use of funds.--Section 4(b) of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (? 34
U.S.C. 60703(b)) is amended--
(A) in paragraph (3), by striking or at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) hiring crime analysts to assist with violent crime
reduction efforts;
``(6) the cost of overtime for law enforcement officers,
prosecutors, and law enforcement assistants that assist with
the Program; and
``(7) purchasing, implementing, and using technology to
assist with violent crime reduction efforts.''.
(3) Authorization of appropriations.--Section 6 of the
Project Safe Neighborhoods Grant Program Authorization Act of
2018 (? 34 U.S.C. 60705) is amended by striking ``fiscal
years 2019 through 2021'' and inserting ``fiscal years 2023
through 2028''.
(c) Task Force Support.--
(1) Short title.--This subsection may be cited as the
Officer Ella Grace French and Sergeant Jim Smith Task Force
Support Act of 2023.
(2) Amendment.--Section 4(b) of the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (? 34
U.S.C. 60703(b)), as amended by subsection (c)(2), is
amended--
(A) in paragraph (6), by striking and at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ; and; and
(C) by adding at the end the following:
``(8) support for multi-jurisdictional task forces.''.
(d) Transparency.--Not less frequently than annually, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that details, for each
area in which the Project Safe Neighborhoods Block Grant
Program operates and with respect to the 1-year period
preceding the date of the report--
(1) how the area spent funds under the Project Safe
Neighborhoods Block Grant Program;
(2) the community outreach efforts performed in the area;
and
(3) the number and a description of the violent crime
offenses committed in the area, including murder, non-
negligent manslaughter, rape, robbery, and aggravated
assault.
SEC. 1410. FEDERAL JUDICIARY STABILIZATION ACT OF 2024.
(a) Existing Judgeships.--The existing judgeships for the
district of Hawaii, the district of Kansas, and the eastern
district of Missouri authorized by section 203(c) of the
Judicial Improvements Act of 1990 (Public Law 101-650; 28
U.S.C. 133 note) and the existing judgeships for the northern
district of Alabama, the district of Arizona, the central
district of California, the southern district of Florida, the
district of New Mexico, the western district of North
Carolina, and the eastern district of Texas authorized by
section 312(c) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28
U.S.C. 133 note) shall, as of the effective date of this Act,
be authorized under section 133 of title 28, United States
Code, and the incumbents in those offices shall hold the
office under section 133 of title 28, United States Code, as
amended by this Act.
(b) Tables.--In order that the table contained in section
133 of title 28, United States Code, will, with respect to
each judicial district, reflect the changes in the total
number of permanent district judgeships authorized as a
result of subsection (a) of this section, such table is
amended--
(1) by striking the items relating to Alabama and inserting
the following:
``Alabama:
Northern................................. 8
Middle................................... 3
Southern................................. 3'';
(2) by striking the item relating to Arizona and inserting
the following:
``Arizona 13'';
(3) by striking the items relating to California and
inserting the following:
``California:
Northern................................. 14
Eastern.................................. 6
Central.................................. 28
Southern................................. 13'';
(4) by striking the items relating to Florida and inserting
the following:
``Florida:
Northern................................. 4
Middle................................... 15
Southern................................. 18'';
(5) by striking the item relating to Hawaii and inserting
the following:
``Hawaii................................. 4'';
(6) by striking the item relating to Kansas and inserting
the following:
``Kansas................................. 6'';
(7) by striking the items relating to Missouri and
inserting the following:
``Missouri:
Eastern.................................. 7
Western.................................. 5
Eastern and Western...................... 2'';
(8) by striking the item relating to New Mexico and
inserting the following:
``New Mexico 7'';
[[Page S3339]]
(9) by striking the items relating to North Carolina and
inserting the following:
``North Carolina:
Eastern.................................. 4
Middle................................... 4
Western.................................. 5''; and
(10) by striking the items relating to Texas and inserting
the following:
``Texas:
Northern................................. 12
Southern................................. 19
Eastern.................................. 8
Western.................................. 13'';
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section and the amendments made by this section.
______
SA 1951. Ms. MURKOWSKI 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. ____. ALASKA OFFSHORE PARITY.
(a) Definitions.--In this section:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means--
(A) a county-equivalent subdivision of the State--
(i) all or part of which lies within the coastal zone (as
defined in section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453)) of the State; and
(ii) the closest coastal point of which is not more than
200 nautical miles from the geographical center of any leased
tract in the Alaska outer Continental Shelf region; and
(B) a municipal subdivision of the State that is determined
by the State to be a significant staging area for oil and gas
servicing, supply vessels, operations, suppliers, or workers.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified revenues.--
(A) In general.--The term ``qualified revenues'' means all
revenues derived from all rentals, royalties, bonus bids, and
other sums due and payable to the United States from energy
development in the Alaska outer Continental Shelf region.
(B) Exclusions.--The term ``qualified revenues'' does not
include--
(i) revenues generated from leases subject to section 8(g)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g));
or
(ii) revenues from the forfeiture of a bond or other surety
securing obligations other than royalties, civil penalties,
or royalties taken by the Secretary in-kind and not sold.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Alaska.
(b) Disposition of Qualified Revenues in Alaska.--
(1) In general.--Notwithstanding section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to
the other provisions of this section, for fiscal year 2024
and each fiscal year thereafter, the Secretary of the
Treasury shall deposit--
(A) 50 percent of qualified revenues in the general fund of
the Treasury;
(B) 30 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to the
State;
(C) 7.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to
coastal political subdivisions; and
(D) 12.5 percent of qualified revenues 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)).
(2) Allocation among coastal political subdivisions.--Of
the amount paid by the Secretary to coastal political
subdivisions under paragraph (1)(C)--
(A) 90 percent shall be allocated among costal political
subdivisions described in subsection (a)(1)(A) in amounts
(based on a formula established by the Secretary by
regulation) that are inversely proportional to the respective
distances between the point in each coastal political
subdivision that is closest to the geographic center of the
applicable leased tract and not more than 200 miles from the
geographic center of the leased tract; and
(B) 10 percent shall be divided equally among each coastal
political subdivision described in subsection (a)(1)(B).
(3) Timing.--The amounts required to be deposited under
paragraph (1) for the applicable fiscal year shall be made
available in accordance with that paragraph during the fiscal
year immediately following the applicable fiscal year.
(4) Authorized uses.--
(A) In general.--Subject to subparagraph (B), the State
shall use all amounts received under paragraph (1)(B) in
accordance with all applicable Federal and State laws, for 1
or more of the following purposes:
(i) Projects and activities for the purposes of coastal
protection, conservation, and restoration, including onshore
infrastructure and relocation of communities directly
affected by coastal erosion, melting permafrost, or climate
change-related losses.
(ii) Mitigation of damage to fish, wildlife, or natural
resources.
(iii) Mitigation of the impact of outer Continental Shelf
activities through the funding of onshore infrastructure
projects and related rights-of-way.
(iv) Adaptation planning, vulnerability assessments, and
emergency preparedness assistance to build healthy and
resilient communities.
(v) Installation and operation of energy systems to reduce
energy costs and greenhouse gas emissions compared to systems
in use as of the date of enactment of this Act.
(vi) Programs at institutions of higher education in the
State.
(vii) Other purposes, as determined by the Governor of the
State, with approval from the State legislature.
(viii) Planning assistance and the administrative costs of
complying with this section.
(B) Limitation.--Not more than 3 percent of amounts
received by the State under paragraph (1)(B) may be used for
the purposes described in subparagraph (A)(viii).
(5) Administration.--Amounts made available under
subparagraphs (B) and (C) of paragraph (1) shall--
(A) be made available, without further appropriation, in
accordance with this section;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated under any
other provision of law.
(6) Reporting requirement for fiscal year 2025 and
thereafter.--
(A) In general.--Beginning with fiscal year 2025, not later
than 180 days after the end of each fiscal year in which the
State receives amounts under paragraph (1)(B), the State
shall submit to the Secretary a report that describes the use
of the amounts by the State during the preceding fiscal year
covered by the report.
(B) Public availability.--On receipt of a report required
under subparagraph (A), the Secretary shall make the report
available to the public on the website of the Department of
the Interior.
(C) Limitation.--If the State fails to submit the report
required under subparagraph (A) by the deadline specified in
that subparagraph, any amounts that would otherwise be
provided to the State under paragraph (1)(B) for the
succeeding fiscal year shall be withheld for the succeeding
fiscal year until the date on which the report is submitted.
(D) Contents of report.--Each report required under
subparagraph (A) shall include, for each project funded in
whole or in part using amounts received under paragraph
(1)(B)--
(i) the name and description of the project;
(ii) the amount received under paragraph (1)(B) that is
allocated to the project; and
(iii) a description of how each project is consistent with
the authorized uses under paragraph (4).
(E) Clarification.--Nothing in this paragraph--
(i) requires or provides authority for the Secretary to
delay, modify, or withhold payment under this paragraph,
other than for failure to submit a report as required under
this paragraph;
(ii) requires or provides authority for the Secretary to
review or approve uses of funds reported under this
paragraph;
(iii) requires or provides authority for the Secretary to
approve individual projects that receive funds reported under
this paragraph;
(iv) requires the State to obtain the approval of, or
review by, the Secretary prior to spending funds disbursed
under paragraph (1)(B);
(v) 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
paragraph;
(vi) requires the State to obligate or expend funds
disbursed under paragraph (1)(B) by a certain date; or
(vii) requires or provides authority for the Secretary to
request the State to return unobligated funds.
______
SA 1952. Mr. PAUL 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. ___. DESIGNATION OF ADDITIONAL PORT OF ENTRY FOR THE
IMPORTATION AND EXPORTATION OF WILDLIFE AND
WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
(a) In General.--Subject to the availability of funding and
in accordance with subsection (b), the Director of the United
States Fish and Wildlife Service shall designate 1 additional
port as a ``port of entry
[[Page S3340]]
designated for the importation and exportation of wildlife
and wildlife products'' under section 14.12 of title 50, Code
of Federal Regulations.
(b) Criteria for Selecting Additional Designated Port.--The
Director shall select the additional port to be designated
pursuant to subsection (a) from among the United States
airports that handled more than 8,000,000,000 pounds of cargo
during 2022, as reported by the Federal Aviation
Administration Air Carrier Activity Information System, and
based upon the analysis submitted to Congress by the Director
pursuant to the Wildlife Trafficking reporting directive
under title I of Senate Report 114-281.
(c) Authority to Accept Donations.--The Director may accept
donations from private entities and, notwithstanding section
3302 of title 31, United States Code, may use those donations
to fund the designation of the additional port pursuant to
subsection (a).
______
SA 1953. Mr. PAUL 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 430, strike line 21 and all that follows through
page 431, line 15, and insert the following:
``(e) Application to Ticket Agents.--
``(1) Final rule.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue a final
rule to apply refund requirements to ticket agents in the
case of cancelled flights and significantly delayed or
changed flights.
``(B) Clarification.--In issuing the final rule under
subparagraph (A), the Secretary shall clarify that a ticket
agent shall provide such a refund only when such ticket agent
possesses, or has access to, the funds of a passenger.
``(2) Transfer of funds.--The Secretary shall issue
regulations requiring air carriers and foreign air carriers
to promptly transfer funds to a ticket agent if--
``(A) the Secretary has determined that the ticket agent is
responsible for providing the refund; and
``(B) the ticket agent does not possess the funds of the
passenger.
``(3) Timing and alternatives.--A refund provided by a
ticket agent shall comply with the requirements in
subsections (b) and (c) of this section, provided that the
ticket agent possesses, or has access to, the funds of the
passenger.''.
______
SA 1954. Mr. PAUL 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 430, strike line 21 and all that follows through
page 431, line 15, and insert the following:
``(e) Application to Ticket Agents.--
``(1) Final rule.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue a final
rule to apply refund requirements to ticket agents in the
case of cancelled flights and significantly delayed or
changed flights.
``(B) Clarification.--In issuing the final rule under
subparagraph (A), the Secretary shall clarify that a ticket
agent shall provide such a refund only when such ticket agent
possesses, or has access to, the funds of a passenger.
``(2) Transfer of funds.--Not later than 180 days after the
date of enactment of this seciton, the Secretary shall issue
regulations requiring air carriers and foreign air carriers
to promptly transfer funds to a ticket agent if--
``(A) the Secretary has determined that the ticket agent is
responsible for providing the refund; and
``(B) the ticket agent does not possess the funds of the
passenger.
``(3) Timing and alternatives.--A refund provided by a
ticket agent shall comply with the requirements in
subsections (b) and (c) of this section, provided that the
ticket agent possesses, or has access to, the funds of the
passenger.''.
______
SA 1955. Mr. ROUNDS (for himself and Mr. Tester) 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. __. REVIEW AND PROHIBITIONS BY COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES OF CERTAIN
TRANSACTIONS RELATING TO AGRICULTURE.
(a) In General.--Section 721 of the Defense Production Act
of 1950 (50 U.S.C. 4565) is amended--
(1) in subsection (a), by adding at the end the following:
``(14) Agriculture.--The term `agriculture' has the meaning
given that term in section 3 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203).'';
(2) in subsection (b)(1), by adding at the end the
following:
``(I) Consideration of certain agricultural land
transactions.--
``(i) In general.--Not later than 30 days after receiving
notification from the Secretary of Agriculture of a
reportable agricultural land transaction, the Committee shall
determine--
``(I) whether the transaction is a covered transaction; and
``(II) if the Committee determines that the transaction is
a covered transaction, whether to--
``(aa) request the submission of a notice under clause (i)
of subparagraph (C) or a declaration under clause (v) of such
subparagraph pursuant to the process established under
subparagraph (H); or
``(bb) initiate a review pursuant to subparagraph (D).
``(ii) Reportable agricultural land transaction defined.--
In this subparagraph, the term `reportable agricultural land
transaction' means a transaction--
``(I) that the Secretary of Agriculture has reason to
believe is a covered transaction;
``(II) that involves the acquisition of an interest in
agricultural land by a foreign person, other than an excepted
investor or an excepted real estate investor, as such terms
are defined in regulations prescribed by the Committee; and
``(III) with respect to which a person is required to
submit a report to the Secretary of Agriculture under section
2(a) of the Agricultural Foreign Investment Disclosure Act of
1978 (7 U.S.C. 3501(a)).'';
(3) in subsection (k)(2)--
(A) by redesignating subparagraphs (H), (I), and (J) as
subparagraphs (I), (J), and (K), respectively; and
(B) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture, with respect to any
covered transaction related to the purchase of agricultural
land or agricultural biotechnology or otherwise related to
the agriculture industry in the United States.''; and
(4) by adding at the end the following:
``(r) Prohibitions Relating to Purchases of Agricultural
Land and Agricultural Businesses.--
``(1) In general.--If the Committee, in conducting a review
under this section, determines that a transaction described
in clause (i), (ii), or (iv) of subsection (a)(4)(B) would
result in the purchase or lease by a covered foreign person
of real estate described in paragraph (2) or would result in
control by a covered foreign person of a United States
business engaged in agriculture, the President shall prohibit
the transaction unless a party to the transaction voluntarily
chooses to abandon the transaction.
``(2) Real estate described.--Subject to regulations
prescribed by the Committee, real estate described in this
paragraph is agricultural land (as defined in section 9 of
the Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3508)) in the United States that is in close proximity
(subject to subsection (a)(4)(C)(ii)) to a United States
military installation or another facility or property of the
United States Government that is--
``(A) sensitive for reasons relating to national security
for purposes of subsection (a)(4)(B)(ii)(II)(bb); and
``(B) identified in regulations prescribed by the
Committee.
``(3) Waiver.--The President may waive, on a case-by-case
basis, the requirement to prohibit a transaction under
paragraph (1) after the President determines and reports to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives that the waiver is in the national
interest of the United States.
``(4) Covered foreign person defined.--
``(A) In general.--In this subsection, subject to
regulations prescribed by the Committee, the term `covered
foreign person'--
``(i) means any foreign person (including a foreign entity)
that acts as an agent, representative, or employee of, or
acts at the direction or control of, the government of a
covered country; and
``(ii) does not include a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.
``(B) Covered country defined.--For purposes of
subparagraph (A), the term `covered country' means any of the
following countries, if the country is determined to be a
foreign adversary pursuant to section 7.4 of title 15, Code
of Federal Regulations (or a successor regulation):
``(i) The People's Republic of China.
``(ii) The Russian Federation.
``(iii) The Islamic Republic of Iran.
``(iv) The Democratic People's Republic of Korea.''.
[[Page S3341]]
(b) Spending Plans.--Not later than 60 days after the date
of the enactment of this Act, each department or agency
represented on the Committee on Foreign Investment in the
United States shall submit to the chairperson of the
Committee a copy of the most recent spending plan required
under section 1721(b) of the Foreign Investment Risk Review
Modernization Act of 2018 (50 U.S.C. 4565 note).
(c) Regulations.--
(1) In general.--The President shall direct, subject to
section 553 of title 5, United States Code, the issuance of
regulations to carry out the amendments made by this section.
(2) Effective date.--The regulations prescribed under
paragraph (1) shall take effect not later than one year after
the date of the enactment of this Act.
(d) Effective Date; Applicability.--The amendments made by
this section shall--
(1) take effect on the date that is 30 days after the
effective date of the regulations under subsection (c)(2);
and
(2) apply with respect to a covered transaction (as defined
in section 721 of the Defense Production Act of 1950 (50
U.S.C. 4565)) that is proposed, pending, or completed on or
after the date described in paragraph (1).
(e) Sunset.--The amendments made by this section, and any
regulations prescribed to carry out those amendments, shall
cease to be effective on the date that is 7 years after the
date of the enactment of this Act.
______
SA 1956. Mr. CASSIDY (for himself and Mr. Markey) 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 __--CHILDREN AND TEENS' ONLINE PRIVACY PROTECTION ACT
SEC. __1. SHORT TITLE.
This title may be cited as the ``Children and Teens' Online
Privacy Protection Act''.
SEC. __2. ONLINE COLLECTION, USE, DISCLOSURE, AND DELETION OF
PERSONAL INFORMATION OF CHILDREN AND TEENS.
(a) Definitions.--Section 1302 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person--
``(i) who, for commercial purposes, in interstate or
foreign commerce operates or provides a website on the
internet, an online service, an online application, or a
mobile application; and
``(ii) who--
``(I) collects or maintains, either directly or through a
service provider, personal information from or about the
users of that website, service, or application;
``(II) allows another person to collect personal
information directly from users of that website, service, or
application (in which case, the operator is deemed to have
collected the information); or
``(III) allows users of that website, service, or
application to publicly disclose personal information (in
which case, the operator is deemed to have collected the
information); and
``(B) does not include any nonprofit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).'';
(2) in paragraph (4)--
(A) by amending subparagraph (A) to read as follows:
``(A) the release of personal information collected from a
child or teen by an operator for any purpose, except where
the personal information is provided to a person other than
an operator who--
``(i) provides support for the internal operations of the
website, online service, online application, or mobile
application of the operator, excluding any activity relating
to individual-specific advertising to children or teens; and
``(ii) does not disclose or use that personal information
for any other purpose; and''; and
(B) in subparagraph (B)--
(i) by inserting ``or teen'' after ``child'' each place the
term appears;
(ii) by striking ``website or online service'' and
inserting ``website, online service, online application, or
mobile application''; and
(iii) by striking ``actual knowledge'' and inserting
``actual knowledge or knowledge fairly implied on the basis
of objective circumstances'';
(3) by striking paragraph (8) and inserting the following:
``(8) Personal information.--
``(A) In general.--The term `personal information' means
individually identifiable information about an individual
collected online, including--
``(i) a first and last name;
``(ii) a home or other physical address including street
name and name of a city or town;
``(iii) an e-mail address;
``(iv) a telephone number;
``(v) a Social Security number;
``(vi) any other identifier that the Commission determines
permits the physical or online contacting of a specific
individual;
``(vii) a persistent identifier that can be used to
recognize a specific child or teen over time and across
different websites, online services, online applications, or
mobile applications, including but not limited to a customer
number held in a cookie, an Internet Protocol (IP) address, a
processor or device serial number, or unique device
identifier, but excluding an identifier that is used by an
operator solely for providing support for the internal
operations of the website, online service, online
application, or mobile application;
``(viii) a photograph, video, or audio file where such file
contains a specific child's or teen's image or voice;
``(ix) geolocation information;
``(x) information generated from the measurement or
technological processing of an individual's biological,
physical, or physiological characteristics that is used to
identify an individual, including--
``(I) fingerprints;
``(II) voice prints;
``(III) iris or retina imagery scans;
``(IV) facial templates;
``(V) deoxyribonucleic acid (DNA) information; or
``(VI) gait; or
``(xi) information linked or reasonably linkable to a child
or teen or the parents of that child or teen (including any
unique identifier) that an operator collects online from the
child or teen and combines with an identifier described in
this subparagraph.
``(B) Exclusion.--The term `personal information' shall not
include an audio file that contains a child's or teen's voice
so long as the operator--
``(i) does not request information via voice that would
otherwise be considered personal information under this
paragraph;
``(ii) provides clear notice of its collection and use of
the audio file and its deletion policy in its privacy policy;
``(iii) only uses the voice within the audio file solely as
a replacement for written words, to perform a task, or engage
with a website, online service, online application, or mobile
application, such as to perform a search or fulfill a verbal
instruction or request; and
``(iv) only maintains the audio file long enough to
complete the stated purpose and then immediately deletes the
audio file and does not make any other use of the audio file
prior to deletion.
``(C) Support for the internal operations of a website,
online service, online application, or mobile application.--
``(i) In general.--For purposes of subparagraph (A)(vii),
the term `support for the internal operations of a website,
online service, online application, or mobile application'
means those activities necessary to--
``(I) maintain or analyze the functioning of the website,
online service, online application, or mobile application;
``(II) perform network communications;
``(III) authenticate users of, or personalize the content
on, the website, online service, online application, or
mobile application;
``(IV) serve contextual advertising, provided that any
persistent identifier is only used as necessary for technical
purposes to serve the contextual advertisement, or cap the
frequency of advertising;
``(V) protect the security or integrity of the user,
website, online service, online application, or mobile
application;
``(VI) ensure legal or regulatory compliance, or
``(VII) fulfill a request of a child or teen as permitted
by subparagraphs (A) through (C) of section 1303(b)(2).
``(ii) Condition.--Except as specifically permitted under
clause (i), information collected for the activities listed
in clause (i) cannot be used or disclosed to contact a
specific individual, including through individual-specific
advertising to children or teens, to amass a profile on a
specific individual, in connection with processes that
encourage or prompt use of a website or online service, or
for any other purpose.'';
(4) by amending paragraph (9) to read as follows:
``(9) Verifiable consent.--The term `verifiable consent'
means any reasonable effort (taking into consideration
available technology), including a request for authorization
for future collection, use, and disclosure described in the
notice, to ensure that, in the case of a child, a parent of
the child, or, in the case of a teen, the teen--
``(A) receives direct notice of the personal information
collection, use, and disclosure practices of the operator;
and
``(B) before the personal information of the child or teen
is collected, freely and unambiguously authorizes--
``(i) the collection, use, and disclosure, as applicable,
of that personal information; and
``(ii) any subsequent use of that personal information.'';
(5) in paragraph (10)--
(A) in the paragraph header, by striking ``Website or
online service directed to children'' and inserting
``Website, online service, online application, or mobile
application directed to children'';
(B) by striking ``website or online service'' each place it
appears and inserting ``website, online service, online
application, or mobile application''; and
(C) by adding at the end the following new subparagraph:
[[Page S3342]]
``(C) Rule of construction.--In considering whether a
website, online service, online application, or mobile
application, or portion thereof, is directed to children, the
Commission shall apply a totality of circumstances test and
will also consider competent and reliable empirical evidence
regarding audience composition and evidence regarding the
intended audience of the website, online service, online
application, or mobile application.''; and
(6) by adding at the end the following:
``(13) Connected device.--The term `connected device' means
a device that is capable of connecting to the internet,
directly or indirectly, or to another connected device.
``(14) Online application.--The term `online application'--
``(A) means an internet-connected software program; and
``(B) includes a service or application offered via a
connected device.
``(15) Mobile application.--The term `mobile application'--
``(A) means a software program that runs on the operating
system of--
``(i) a cellular telephone;
``(ii) a tablet computer; or
``(iii) a similar portable computing device that transmits
data over a wireless connection; and
``(B) includes a service or application offered via a
connected device.
``(16) Geolocation information.--The term `geolocation
information' means information sufficient to identify a
street name and name of a city or town.
``(17) Teen.--The term `teen' means an individual who has
attained age 13 and is under the age of 17.
``(18) Individual-specific advertising to children or
teens.--
``(A) In general.--The term `individual-specific
advertising to children or teens' means advertising or any
other effort to market a product or service that is directed
to a specific child or teen or a connected device that is
linked or reasonably linkable to a child or teen based on--
``(i) the personal information from--
``(I) the child or teen; or
``(II) a group of children or teens who are similar in sex,
age, household income level, race, or ethnicity to the
specific child or teen to whom the product or service is
marketed;
``(ii) profiling of a child or teen or group of children or
teens; or
``(iii) a unique identifier of the connected device.
``(B) Exclusions.--The term `individual-specific
advertising to children or teens' 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
child's or teen's current search query;
``(ii) contextual advertising, such as when an
advertisement is displayed based on the content of the
website, online service, online application, mobile
application, or connected device in which the advertisement
appears and does not vary based on personal information
related to the viewer; or
``(iii) processing personal information 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 an operator with actual
knowledge or knowledge fairly implied on the basis of
objective circumstances that a user is under the age of 17
from delivering advertising or marketing that is age-
appropriate and intended for a child or teen audience, so
long as the operator does not use any personal information
other than whether the user is under the age of 17.''.
(b) Online Collection, Use, Disclosure, and Deletion of
Personal Information of Children and Teens.--Section 1303 of
the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
``online collection, use, disclosure, and deletion of
personal information of children and teens.'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children or for any operator of a
website, online service, online application, or mobile
application with actual knowledge or knowledge fairly implied
on the basis of objective circumstances that a user is a
child or teen--
``(A) to collect personal information from a child or teen
in a manner that violates the regulations prescribed under
subsection (b);
``(B) except as provided in subparagraphs (B) and (C) of
section 1302(18), to collect, use, disclose to third parties,
or maintain personal information of a child or teen for
purposes of individual-specific advertising to children or
teens (or to allow another person to collect, use, disclose,
or maintain such information for such purpose);
``(C) to collect the personal information of a child or
teen except when the collection of the personal information
is--
``(i) consistent with the context of a particular
transaction or service or the relationship of the child or
teen with the operator, including collection necessary to
fulfill a transaction or provide a product or service
requested by the child or teen; or
``(ii) required or specifically authorized by Federal or
State law; or
``(D) to store or transfer the personal information of a
child or teen outside of the United States unless the
operator provides direct notice to the parent of the child,
in the case of a child, or to the teen, in the case of a
teen, that the child's or teen's personal information is
being stored or transferred outside of the United States; or
``(E) to retain the personal information of a child or teen
for longer than is reasonably necessary to fulfill a
transaction or provide a service requested by the child or
teen except as required or specifically authorized by Federal
or State law.''; and
(B) in paragraph (2)--
(i) in the header, by striking ``parent'' and inserting ``
`parent or teen' ''
(ii) by striking ``Notwithstanding paragraph (1)'' and
inserting ``Notwithstanding paragraph (1)(A)'';
(iii) by striking ``of such a website or online service'';
and
(iv) by striking ``subsection (b)(1)(B)(iii) to the parent
of a child'' and inserting ``subsection (b)(1)(B)(iv) to the
parent of a child or under subsection (b)(1)(C)(iv) to a
teen'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``operator of any website'' and all that
follows through ``from a child'' and inserting ``operator of
a website, online service, online application, or mobile
application directed to children or that has actual knowledge
or knowledge fairly implied on the basis of objective
circumstances that a user is a child or teen'';
(II) in clause (i)--
(aa) by striking ``notice on the website'' and inserting
``clear and conspicuous notice on the website'';
(bb) by inserting ``or teens'' after ``children'';
(cc) by striking ``, and the operator's'' and inserting ``,
the operator's''; and
(dd) by striking ``; and'' and inserting ``, the rights and
opportunities available to the parent of the child or teen
under subparagraphs (B) and (C), and the procedures or
mechanisms the operator uses to ensure that personal
information is not collected from children or teens except in
accordance with the regulations promulgated under this
paragraph;'';
(III) in clause (ii)--
(aa) by striking ``parental'';
(bb) by inserting ``or teens'' after ``children'';
(cc) by striking the semicolon at the end and inserting ``;
and''; and
(IV) by inserting after clause (ii) the following new
clause:
``(iii) to obtain verifiable consent from a parent of a
child or from a teen before using or disclosing personal
information of the child or teen for any purpose that is a
material change from the original purposes and disclosure
practices specified to the parent of the child or the teen
under clause (i);'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``website or online service'' and inserting ``operator'';
(II) in clause (i), by inserting ``and the method by which
the operator obtained the personal information, and the
purposes for which the operator collects, uses, discloses,
and retains the personal information'' before the semicolon;
(III) in clause (ii)--
(aa) by inserting ``to delete personal information
collected from the child or content or information submitted
by the child to a website, online service, online
application, or mobile application and'' after ``the
opportunity at any time''; and
(bb) by striking ``; and'' and inserting a semicolon;
(IV) by redesignating clause (iii) as clause (iv) and
inserting after clause (ii) the following new clause:
``(iii) the opportunity to challenge the accuracy of the
personal information and, if the parent of the child
establishes the inaccuracy of the personal information, to
have the inaccurate personal information corrected;''; and
(V) in clause (iv), as so redesignated, by inserting ``, if
such information is available to the operator at the time the
parent makes the request'' before the semicolon;
(iii) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(iv) by inserting after subparagraph (B) the following new
subparagraph:
``(C) require the operator to provide, upon the request of
a teen under this subparagraph who has provided personal
information to the operator, upon proper identification of
that teen--
``(i) a description of the specific types of personal
information collected from the teen by the operator, the
method by which the operator obtained the personal
information, and the purposes for which the operator
collects, uses, discloses, and retains the personal
information;
``(ii) the opportunity at any time to delete personal
information collected from the teen or content or information
submitted by the teen to a website, online service, online
application, or mobile application and to refuse to permit
the operator's further use or maintenance in retrievable
form, or online collection, of personal information from the
teen;
``(iii) the opportunity to challenge the accuracy of the
personal information and, if the teen establishes the
inaccuracy of the personal information, to have the
inaccurate personal information corrected; and
[[Page S3343]]
``(iv) a means that is reasonable under the circumstances
for the teen to obtain any personal information collected
from the teen, if such information is available to the
operator at the time the teen makes the request;'';
(v) in subparagraph (D), as so redesignated--
(I) by striking ``a child's'' and inserting ``a child's or
teen's''; and
(II) by inserting ``or teen'' after ``the child''; and
(vi) by amending subparagraph (E), as so redesignated, to
read as follows:
``(E) require the operator to establish, implement, and
maintain reasonable security practices to protect the
confidentiality, integrity, and accessibility of personal
information of children or teens collected by the operator,
and to protect such personal information against unauthorized
access.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``verifiable parental consent'' and inserting ``verifiable
consent'';
(ii) in subparagraph (A)--
(I) by inserting ``or teen'' after ``collected from a
child'';
(II) by inserting ``or teen'' after ``request from the
child''; and
(III) by inserting ``or teen or to contact another child or
teen'' after ``to recontact the child'';
(iii) in subparagraph (B)--
(I) by striking ``parent or child'' and inserting ``parent
or teen''; and
(II) by striking ``parental consent'' each place the term
appears and inserting ``verifiable consent'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause (i), by inserting ``or
teen'' after ``child'' each place the term appears;
(II) in clause (i)--
(aa) by inserting ``or teen'' after ``child'' each place
the term appears; and
(bb) by inserting ``or teen, as applicable,'' after
``parent'' each place the term appears; and
(III) in clause (ii)--
(aa) by striking ``without notice to the parent'' and
inserting ``without notice to the parent or teen, as
applicable,''; and
(bb) by inserting ``or teen'' after ``child'' each place
the term appears; and
(v) in subparagraph (D)--
(I) in the matter preceding clause (i), by inserting ``or
teen'' after ``child'' each place the term appears;
(II) in clause (ii), by inserting ``or teen'' after
``child''; and
(III) in the flush text following clause (iii)--
(aa) by inserting ``or teen, as applicable,'' after
``parent'' each place the term appears; and
(bb) by inserting ``or teen'' after ``child'';
(C) by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following new paragraph:
``(3) Application to operators acting under agreements with
educational agencies or institutions.--The regulations may
provide that verifiable consent under paragraph (1)(A)(ii) is
not required for an operator that is acting under a written
agreement with an educational agency or institution (as
defined in section 444 of the General Education Provisions
Act (commonly known as the `Family Educational Rights and
Privacy Act of 1974') (20 U.S.C. 1232g(a)(3)) that, at a
minimum, requires the--
``(A) operator to--
``(i) limit its collection, use, and disclosure of the
personal information from a child or teen to solely
educational purposes and for no other commercial purposes;
``(ii) provide the educational agency or institution with a
notice of the specific types of personal information the
operator will collect from the child or teen, the method by
which the operator will obtain the personal information, and
the purposes for which the operator will collect, use,
disclose, and retain the personal information;
``(iii) provide the educational agency or institution with
a link to the operator's online notice of information
practices as required under subsection (b)(1)(A)(i); and
``(iv) provide the educational agency or institution, upon
request, with a means to review the personal information
collected from a child or teen, to prevent further use or
maintenance or future collection of personal information from
a child or teen, and to delete personal information collected
from a child or teen or content or information submitted by a
child or teen to the operator's website, online service,
online application, or mobile application;
``(B) representative of the educational agency or
institution to acknowledge and agree that they have authority
to authorize the collection, use, and disclosure of personal
information from children or teens on behalf of the
educational agency or institution, along with such
authorization, their name, and title at the educational
agency or institution; and
``(C) educational agency or institution to--
``(i) provide on its website a notice that identifies the
operator with which it has entered into a written agreement
under this subsection and provides a link to the operator's
online notice of information practices as required under
paragraph (1)(A)(i);
``(ii) provide the operator's notice regarding its
information practices, as required under subparagraph
(A)(ii), upon request, to a parent, in the case of a child,
or a parent or teen, in the case of a teen; and
``(iii) upon the request of a parent, in the case of a
child, or a parent or teen, in the case of a teen, request
the operator provide a means to review the personal
information from the child or teen and provide the parent, in
the case of a child, or parent or teen, in the case of the
teen, a means to review the personal information.'';
(D) by amending paragraph (4), as so redesignated, to read
as follows:
``(4) Termination of service.--The regulations shall permit
the operator of a website, online service, online
application, or mobile application to terminate service
provided to a child whose parent has refused, or a teen who
has refused, under the regulations prescribed under
paragraphs (1)(B)(ii) and (1)(C)(ii), to permit the
operator's further use or maintenance in retrievable form, or
future online collection of, personal information from that
child or teen.''; and
(E) by adding at the end the following new paragraphs:
``(5) Continuation of service.--The regulations shall
prohibit an operator from discontinuing service provided to a
child or teen on the basis of a request by the parent of the
child or by the teen, under the regulations prescribed under
subparagraph (B) or (C) of paragraph (1), respectively, to
delete personal information collected from the child or teen,
to the extent that the operator is capable of providing such
service without such information.
``(6) Rule of construction.--A request made pursuant to
subparagraph (B) or (C) of paragraph (1) to delete or correct
personal information of a child or teen shall not be
construed--
``(A) to limit the authority of a law enforcement agency to
obtain any content or information from an operator pursuant
to a lawfully executed warrant or an order of a court of
competent jurisdiction;
``(B) to require an operator or third party delete or
correct information that--
``(i) any other provision of Federal or State law requires
the operator or third party to maintain; or
``(ii) was submitted to the website, online service, online
application, or mobile application of the operator by any
person other than the user who is attempting to erase or
otherwise eliminate the content or information, including
content or information submitted by the user that was
republished or resubmitted by another person; or
``(C) to prohibit an operator from--
``(i) retaining a record of the deletion request and the
minimum information necessary for the purposes of ensuring
compliance with a request made pursuant to subparagraph (B)
or (C);
``(ii) preventing, detecting, protecting against, or
responding to security incidents, identity theft, or fraud,
or reporting those responsible for such actions;
``(iii) protecting the integrity or security of a website,
online service, online application or mobile application; or
``(iv) ensuring that the child's or teen's information
remains deleted.
``(7) Common verifiable consent mechanism.--
``(A) In general.--
``(i) Feasibility of mechanism.--The Commission shall
assess the feasibility, with notice and public comment, of
allowing operators the option to use a common verifiable
consent mechanism that fully meets the requirements of this
title.
``(ii) Requirements.--The feasibility assessment described
in clause (i) shall consider whether a single operator could
use a common verifiable consent mechanism to obtain
verifiable consent, as required under this title, from a
parent of a child or from a teen on behalf of multiple,
listed operators that provide a joint or related service.
``(B) Report.--Not later than 1 year after the date of
enactment of this paragraph, the Commission shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives with the findings of
the assessment required by subparagraph (A).
``(C) Regulations.--If the Commission finds that the use of
a common verifiable consent mechanism is feasible and would
meet the requirements of this title, the Commission shall
issue regulations to permit the use of a common verifiable
consent mechanism in accordance with the findings outlined in
such report.'';
(4) in subsection (c), by striking ``a regulation
prescribed under subsection (a)'' and inserting
``subparagraph (B), (C), (D), or (E) of subsection (a)(1), or
of a regulation prescribed under subsection (b),''; and
(5) by striking subsection (d) and inserting the following:
``(d) Relationship to State Law.--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 any State from enacting
a law, rule, or regulation that provides greater protection
to children or teens than the provisions of this title.''.
(c) Safe Harbors.--Section 1304 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended--
(1) in subsection (b)(1), by inserting ``and teens'' after
``children''; and
(2) by adding at the end the following:
``(d) Publication.--
``(1) In general.--Subject to the restrictions described in
paragraph (2), the Commission shall publish on the internet
website of
[[Page S3344]]
the Commission any report or documentation required by
regulation to be submitted to the Commission to carry out
this section.
``(2) Restrictions on publication.--The restrictions
described in section 6(f) and section 21 of the Federal Trade
Commission Act (15 U.S.C. 46(f), 57b-2) applicable to the
disclosure of information obtained by the Commission shall
apply in same manner to the disclosure under this subsection
of information obtained by the Commission from a report or
documentation described in paragraph (1).''.
(d) Actions by States.--Section 1305 of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6504) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``section 1303(a)(1) or'' before ``any regulation''; and
(B) in subparagraph (B), by inserting ``section 1303(a)(1)
or'' before ``the regulation''; and
(2) in subsection (d)--
(A) by inserting ``section 1303(a)(1) or'' before ``any
regulation''; and
(B) by inserting ``section 1303(a)(1) or'' before ``that
regulation''.
(e) Administration and Applicability of Act.--Section 1306
of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6505) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, in the case of'' and
all that follows through ``the Board of Directors of the
Federal Deposit Insurance Corporation;'' and inserting the
following: ``by the appropriate Federal banking agency, with
respect to any insured depository institution (as those terms
are defined in section 3 of that Act (12 U.S.C. 1813));'';
and
(B) by striking paragraph (2) and redesignating paragraphs
(3) through (6) as paragraphs (2) through (5), respectively;
(2) in subsection (d)--
(A) by inserting ``section 1303(a)(1) or'' before ``a
rule''; and
(B) by striking ``such rule'' and inserting ``section
1303(a)(1) or a rule of the Commission under section 1303'';
and
(3) by adding at the end the following new subsections:
``(f) Determination of Whether an Operator Has Knowledge
Fairly Implied on the Basis of Objective Circumstances.--
``(1) Rule of construction.--For purposes of enforcing this
title or a regulation promulgated under this title, in making
a determination as to whether an operator has knowledge
fairly implied on the basis of objective circumstances that a
specific user is a child or teen, the Commission or State
attorneys general shall rely on competent and reliable
evidence, taking into account any guidance issued by the
Commission under paragraph (2) and the totality of the
circumstances, including whether a reasonable and prudent
person under the circumstances would have known that the user
is a child or teen. Nothing in this title, including a
determination described in the preceding sentence, shall be
construed to require an operator to--
``(A) affirmatively collect any personal information with
respect to the age of a child or teen that an operator is not
already collecting in the normal course of business; or
``(B) implement an age gating or age verification
functionality.
``(2) Commission guidance.--
``(A) In general.--Within 180 days of enactment, the
Commission shall issue guidance to provide information,
including best practices and examples for operators to
understand the Commission's determination of whether an
operator has knowledge fairly implied on the basis of
objective circumstances that a user is a child or teen.
``(B) Limitation.--No guidance issued by the Commission
with respect to this title shall confer any rights on any
person, State, or locality, nor shall operate to bind the
Commission or any person to the approach recommended in such
guidance. In any enforcement action brought pursuant to this
title, the Commission or State attorney general, as
applicable, shall allege a specific violation of a provision
of this title. The Commission or State attorney general, as
applicable, may not base an enforcement action on, or execute
a consent order based on, practices that are alleged to be
inconsistent with any such guidance, unless the practices
allegedly violate this title. For purposes of enforcing this
title or a regulation promulgated under this title, State
attorneys general shall take into account any guidance issued
by the Commission under subparagraph (A).
``(g) Additional Requirement.--Any regulations issued under
this title shall include a description and analysis of the
impact of proposed and final Rules on small entities per the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.).''.
SEC. __3. STUDY AND REPORTS OF MOBILE AND ONLINE APPLICATION
OVERSIGHT AND ENFORCEMENT.
(a) Oversight Report.--Not later than 3 years after the
date of enactment of this title, the Federal Trade Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
processes of platforms that offer mobile and online
applications for ensuring that, of those applications that
are websites, online services, online applications, or mobile
applications directed to children, the applications operate
in accordance with--
(1) this title, the amendments made by this title, and
rules promulgated under this title; and
(2) rules promulgated by the Commission under section 18 of
the Federal Trade Commission Act (15 U.S.C. 57a) relating to
unfair or deceptive acts or practices in marketing.
(b) Enforcement Report.--Not later than 1 year after the
date of enactment of this title, and each year thereafter,
the Federal Trade Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that addresses, at a minimum--
(1) the number of actions brought by the Commission during
the reporting year to enforce the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) (referred to in this
subsection as the ``Act'') and the outcome of each such
action;
(2) the total number of investigations or inquiries into
potential violations of the Act; during the reporting year;
(3) the total number of open investigations or inquiries
into potential violations of the Act as of the time the
report is submitted;
(4) the number and nature of complaints received by the
Commission relating to an allegation of a violation of the
Act during the reporting year; and
(5) policy or legislative recommendations to strengthen
online protections for children and teens.
SEC. __4. GAO STUDY.
(a) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller General'')
shall conduct a study on the privacy of teens who use
financial technology products. Such study shall--
(1) identify the type of financial technology products that
teens are using;
(2) identify the potential risks to teens' privacy from
using such financial technology products; and
(3) determine whether existing laws are sufficient to
address such risks to teens' privacy.
(b) Report.--Not later than 1 year after the date of
enactment of this section, the Comptroller General shall
submit to Congress a report containing the results of the
study conducted under subsection (a), together with
recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
SEC. __5. 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 1957. Mr. LEE 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. __. ATC SOAR.
(a) Hiring of Air Traffic Control Specialists.--Section
44506(f)(1)(B) of title 49, United States Code, is amended by
adding at the end the following new clause:
``(iv) Consideration of candidates.--The Administrator
shall consider for the interview stage of the hiring process
candidates in each applicant pool described in this
subparagraph who--
``(I) score at or above a passing score as determined by
the Administrator on the Air Traffic Skills Assessment (AT-
SA); and
``(II) meet minimum qualifications established by the
Administrator.''.
(b) Ensuring Hiring of Air Traffic Control Specialists Is
Based on Assessment of Job-relevant Aptitudes.--
(1) Update of the air traffic skills assessment.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
revise the Air Traffic Skills Assessment (in this subsection
referred to as the ``AT-SA'') administered to air traffic
controller applicants described in clauses (ii) and (iii) of
section 44506(f)(1)(B) of title 49, United States Code, in
accordance with the following requirements:
(A) The Administrator shall ensure that all questions on
the AT-SA are supported by a peer-reviewed job analysis that
ensures all questions test job-relevant aptitudes.
(B) The Administrator shall ensure that the AT-SA does not
incorporate any biographical questionnaire or assessment or
other questions of a biographical nature (other than basic
identifiers such as first and last name) for applicants for
the position of air traffic controller from the applicant
pools described in clauses (ii) and (iii) of section
44506(f)(1)(B) of title 49, United States Code.
(2) Conforming amendments eliminating use of biographical
assessments for all applicants.--Section 44506(f) of title
49, United States Code, as amended by subsection (a), is
further amended--
(A) in paragraph (1)(C)--
[[Page S3345]]
(i) by striking clause (ii); and
(ii) by redesignating clause (iii) as clause (ii); and
(B) by striking paragraph (2) and inserting the following:
``(B) No biographical assessments.--The Administrator shall
not use any biographical assessment when hiring under
paragraph (1)(A) or paragraph (1)(B).''.
(c) DOT Inspector General Report.--Not later than 180 days
after the date on which the Administrator of the Federal
Aviation Administration completes the revision of the Air
Traffic Skills Assessment (AT-SA) required under subsection
(b)(1), the Inspector General of the Department of
Transportation shall submit a report to the Administrator,
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and, upon request, to any
member of Congress, that assesses the assumptions and
methodologies used to develop such revisions, the job-
relevant aptitudes measured, and the scoring process for the
revised assessment, together with, if appropriate, a
description of any actions taken or recommended to be taken
to address the results of the report.
______
SA 1958. Mr. LEE 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 appropriate place, insert the following:
SEC. __. REGULATIONS.
Not later than 60 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall issue or revise regulations to permit a person who
holds a pilot certificate to communicate with the public, in
any manner the person determines appropriate, to facilitate
an aircraft flight for which the pilot and passengers share
aircraft operating expenses in accordance with section
61.113(c) of title 14, Code of Federal Regulations (or any
successor regulation) without requiring a certificate under
part 119 of title 14, Code of Federal Regulations (or any
successor regulation).
______
SA 1959. Mr. LEE 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:
Strike section 1009 and insert the following:
SEC. 1009. DESIGNATION OF OVERLAND SUPERSONIC AND HYPERSONIC
TESTING CORRIDOR.
(a) Designation.--
(1) In general.--Notwithstanding section 91.817 of title
14, Code of Federal Regulations, not later than 180 days
after the date of enactment of this section, the
Administrator of the Federal Aviation Administration (in this
section referred to as the ``Administrator''), in
consultation with the Secretary of Defense, shall designate
an overland supersonic and hypersonic testing corridor in the
United States that runs from Edwards Air Force Base,
California to the Utah Test and Training Range and Dugway
Proving Ground in Utah for the purposes described in
subsection (b).
(2) Requirements.--
(A) Military operation areas.--In designating the corridor
under paragraph (1), the Administrator shall--
(i) to the extent practicable, designate the corridor
within existing military operation areas (in this section
referred to as ``MOA'') in the area described in such
paragraph; or
(ii) if necessary, designate new MOA airspace to complete
the corridor and ensure that the corridor is suitable for
testing.
(B) Increased altitude.--The Administrator shall--
(i) set the vertical limits in the corridor designated
under paragraph (1) at FL 1000; and
(ii) increase, as necessary, the vertical limit of any
existing MOA in the corridor to FL 1000.
(b) Purposes of Designated Corridor.--The corridor
designated under subsection (a)(1) shall be used for the
following purposes:
(1) To test supersonic and hypersonic military passenger
aircraft and military non-passenger aircraft.
(2) To test supersonic and hypersonic civil aircraft
subject to subsection (e).
(c) Testing Requirements.--Any supersonic or hypersonic
aircraft testing in the corridor designated under subsection
(a)(1) shall meet the following requirements:
(1) The testing shall only occur from sunrise to sunset.
(2) The testing shall not include any commercial passengers
or commercial cargo.
(d) Special Flight Authorization Requirements.--With
respect to special flight authorizations under section
91.818(c) of title 14, Code of Federal Regulations, for civil
aircraft testing as described in subsection (b)(2), the
Administrator shall do the following:
(1) Permit sonic boom overpressure.--In considering the
environmental findings to grant a special flight
authorization, the Administrator shall permit a measurable
amount of sonic boom overpressure outside of the corridor
designated under subsection (a)(1), as long as the available
data is sufficient for the Administrator to determine that
the sonic boom overpressure does not significantly affect the
quality of the human environment.
(2) Noise impact data.--
(A) In general.--Subject to subparagraph (B), in
considering the environmental findings to grant a special
flight authorization, the Administrator shall not require any
additional environmental impact analysis regarding noise
impact if--
(i) an applicant presents data generated from FAA-approved
software; and
(ii) such data reasonably demonstrates that there is no
additional noise impact due to the applicant's testing of
supersonic or hypersonic civil aircraft.
(B) Exception.--The Administrator may require an additional
environmental impact analysis regarding noise impact if the
Administrator certifies that extraordinary circumstances
exist to justify such additional analysis.
(3) Reuse of research and findings.--The Administrator
shall reuse any applicable research and findings from a prior
supersonic or hypersonic civil aircraft test and incorporate
such research and findings into any applicable analysis
necessary to grant a special flight authorization if the
prior supersonic or hypersonic civil aircraft test--
(A) was under similar conditions to the testing proposed by
the applicant for the special flight authorization; and
(B) considered similar issues or decisions as the testing
proposed by the applicant for the special flight
authorization.
(e) Civil Testing.--The Secretary of Defense shall allow
civil aircraft testing as described in subsection (b)(2),
unless--
(1) such testing would interfere with any military
operations or testing in the corridor; or
(2) the Administrator has not granted a special flight
authorization under section 91.818(c) of title 14, Code of
Federal Regulations, for such testing.
______
SA 1960. Mr. LEE 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 appropriate place, insert the following:
TITLE _--SHIELD U
SEC. _01. SHORT TITLE.
This title may be cited as the ``Stopping Harmful Incidents
to Enforce Lawful Drone Use Act'' or the ``SHIELD U Act''.
SEC. _02. DEFINITIONS.
In this Act:
(1) Commercial service airport.--The term ``commercial
service airport'' has the meaning given that term in
paragraph (7) of section 47102 of title 49, United States
Code, and includes the area of navigable airspace necessary
to ensure safety in the takeoff and landing of aircraft at
the airport.
(2) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms
are defined in section 40102 of title 49, United States Code.
(3) Counter-UAS activities.--The term ``Counter-UAS
activities'' means the following:
(A) Detecting, identifying, monitoring, and tracking an
unmanned aircraft or unmanned aircraft system, 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 or
unmanned aircraft system.
(B) Warning an operator of an unmanned aircraft or unmanned
aircraft system, including by passive or active, and direct
or indirect physical, electronic, radio, and electromagnetic
means.
(C) Disrupting control of an unmanned aircraft or unmanned
aircraft system, without prior consent, including by
disabling the unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications used to
control the unmanned aircraft or unmanned aircraft system.
(D) Seizing or exercising control of an unmanned aircraft
or unmanned aircraft system.
(E) Seizing or otherwise confiscating an unmanned aircraft
or unmanned aircraft system.
(F) Using reasonable force to disable, damage, or destroy
an unmanned aircraft or unmanned aircraft system.
(4) Navigable airspace.--The term ``navigable airspace''
has the meaning given that term in paragraph (32) of section
40102 of title 49, United States Code.
(5) Non-kinetic equipment.--The term ``non-kinetic
equipment'' means equipment that is used to--
(A) intercept or otherwise access a wire communication, an
oral communication, an
[[Page S3346]]
electronic communication, or a radio communication used to
control an unmanned aircraft or unmanned aircraft system; and
(B) disrupt control of the unmanned aircraft or unmanned
aircraft system, without prior consent, including by
disabling the unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications that are used
to control the unmanned aircraft or unmanned aircraft system.
(6) Threats posed by an unmanned aircraft or unmanned
aircraft system.--The term ``threats posed by an unmanned
aircraft or unmanned aircraft system'' means an unauthorized
activity of an unmanned aircraft or unmanned aircraft system
that is reasonably believed to--
(A) create the potential for bodily harm to, or loss of
human life of, a person within property under the
jurisdiction of--
(i) a commercial service airport; or
(ii) a State or locality; or
(B) have the potential to cause severe economic damage to--
(i) property of a commercial service airport; or
(ii) property under the jurisdiction of a State or
locality.
(7) Unmanned aircraft, unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have
the meanings given those terms in section 44801 of title 49,
United States Code.
SEC. _03. COUNTER-UAS ACTIVITIES ON COMMERCIAL SERVICE
AIRPORT PROPERTY.
(a) Counter-UAS Activities.--
(1) In general.--Notwithstanding any other provision of law
and subject to paragraph (3), with respect to a commercial
service airport, the following departments and agencies may,
in a manner consistent with the Fourth Amendment to the
Constitution of the United States, carry out Counter-UAS
activities for purposes of detecting, identifying, and
mitigating the threats posed by an unmanned aircraft or
unmanned aircraft system to the safety or security of the
airport:
(A) The Department of Homeland Security.
(B) The State and local law enforcement agencies in the
State in which the airport is located.
(C) The law enforcement agency of the airport.
(2) Testing authority.--Subject to paragraphs (3) and (4),
the Secretary of Homeland Security, the heads of the State or
local law enforcement agencies of the State in which a
commercial service airport is located, or the law enforcement
agency of the commercial service airport, may research, test,
provide training on, and evaluate any equipment, including
any electronic equipment, to determine the capability and
utility of the equipment to carry out Counter-UAS activities
to detect, identify, and mitigate the threats posed by an
unmanned aircraft or unmanned aircraft system to the safety
or security of the airport.
(3) Airport operator consent required.--Activities
permitted under paragraph (1) or (2) shall only be carried
out with the consent of, in consultation with, and with the
participation of, the airport operator.
(4) Consultation requirement for testing of non-kinetic
equipment.--Any testing of non-kinetic equipment carried out
under the authority of this subsection shall be done in
consultation with the Federal Communications Commission and
the National Telecommunications and Information
Administration.
(b) Non-Kinetic Equipment.--
(1) In general.--Before adopting any standard operating
procedures within a tactical response plan for use of non-
kinetic equipment to carry out a Counter-UAS activity under
the authority of this section, the Secretary of Homeland
Security and the heads of the State, local, or airport law
enforcement agencies of the State in which a commercial
service airport is located, shall do the following:
(A) Consult with the Federal Communications Commission and
the National Telecommunications and Information
Administration about the use of non-kinetic equipment to
carry out a Counter-UAS activity consistent with the tactical
response plan updates required under subsection (c).
(B) Jointly, with the Federal Communications Commission and
the National Telecommunications and Information
Administration, create a process for an authorized designee
of the commercial service airport to, consistent with
procedures outlined in the tactical response plan (as updated
under subsection (c)), notify the Commission when non-kinetic
equipment has been used to carry out a Counter-UAS activity.
(2) FCC and ntia duties.--The Federal Communications
Commission and the National Telecommunications and
Information Administration shall--
(A) not later than 30 days after the date of enactment of
this title, assign to an office of the Commission and to an
office of the Administration, respectively, responsibility
for carrying out the consultation regarding the use of non-
kinetic equipment to carry out Counter-UAS activities
required by paragraph (1)(A) and the consultation regarding
the testing of non-kinetic equipment required by subsection
(a)(4); and
(B) not later than 180 days after the responsibility
described in subparagraph (A) is assigned to each such
office--
(i) publicly designate an office of the Commission and an
office of the Administration, respectively, to receive the
notifications from commercial service airports required under
paragraph (1)(B); and
(ii) make publicly available the process for the Commission
and the Administration to carry out any follow up
consultation, if necessary.
(3) Nonduplication.--To the greatest extent practicable,
the Federal Communications Commission and the National
Telecommunications and Information Administration shall
coordinate with respect to the consultations, process
creation, follow up consultations, and other requirements of
this subsection and subsection (a)(4) so as to minimize
duplication of requirements, efforts, and expenditures.
(c) Tactical Response Plan Updates.--
(1) Task force.--Not later than 2 years after the date of
enactment of this title, the airport director of each
commercial service airport shall convene a task force for
purposes of establishing or modifying the emergency action
preparedness plan for the airport to include a tactical
response plan for the detection, identification, and
mitigation of threats posed by an unmanned aircraft or
unmanned aircraft system.
(2) Required coordination.--Each task force convened under
paragraph (1) shall coordinate the establishing or modifying
of the airport's emergency action preparedness plan with
representatives of the following:
(A) The Department of Transportation.
(B) The Federal Aviation Administration.
(C) The Department of Homeland Security.
(D) The State and local law enforcement agencies in the
State in which the airport is located.
(E) The law enforcement agency of the airport.
(F) The covered air carriers operating at the airport.
(G) Representatives of general aviation operators at the
airport.
(H) Representatives of providers of telecommunications and
broadband service with a service area that covers the airport
property or the navigable airspace necessary to ensure safety
in the takeoff and landing of aircraft at such airport.
(3) Duties.--As part of the inclusion of a tactical
response plan in the emergency action preparedness plan for a
commercial service airport, each task force convened under
paragraph (1) shall do the following:
(A) Create and define the various threat levels posed by an
unmanned aircraft or unmanned aircraft system to the airport.
(B) Create the standard operating procedures for responding
to each threat level defined under subparagraph (A) that
include a requirement to minimize collateral damage.
(C) Define and assign to each entity specified in paragraph
(2), the role and responsibilities of the entity in carrying
out the standard operating procedures for responding to a
specified threat posed by an unmanned aircraft or unmanned
aircraft system to the airport.
(D) Designate the applicable State and local law
enforcement agencies, or the law enforcement agency of the
airport, in coordination with the Department of Homeland
Security, as the first responders to any specified threat
posed by an unmanned aircraft or unmanned aircraft system to
the airport.
(E) Narrowly tailor the use of non-kinetic Counter-UAS
equipment (if applicable under the standard operating
procedures) to only temporary activities necessary to
mitigate an immediate threat posed by an unmanned aircraft or
unmanned aircraft system to the airport.
(F) Incorporate any existing Federal guidance for updating
airport emergency plans for responding to unauthorized
unmanned aircraft system operations into 1 tactical response
plan for addressing threats posed by an unmanned aircraft or
unmanned aircraft system.
(4) Rule of construction.--Nothing in this subsection shall
be construed to require multiple tactical response plans or
emergency action preparedness plans for addressing the
threats posed by an unmanned aircraft, an unmanned aircraft
system, or unauthorized unmanned aircraft system operations.
(d) Airport Improvement Program Eligibility.--
Notwithstanding section 47102 of title 49, United States
Code, the definition of the term ``airport development''
under that section shall include the purchase of equipment
necessary to carry out Counter-UAS activities at commercial
service airports.
(e) Best Practices.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator of the Federal
Aviation Administration and the Administrator of the
Transportation Security Administration acting jointly and in
collaboration with airport directors of commercial service
airports, shall--
(A) publish guidance regarding best practices for use of
Counter-UAS Activities at commercial service airports; and
(B) make such guidance available to the airport director
for each commercial service airport in the United States.
(2) Annual updates.--The guidance issued under this
subsection shall be annually updated to incorporate the most
recent results and conclusions regarding best practices for
the use of Counter-UAS activities at commercial service
airports.
SEC. _04. COUNTER-UAS ACTIVITIES OFF COMMERCIAL SERVICE
AIRPORT PROPERTY.
(a) In General.--Notwithstanding any other provision of
law, with respect to a
[[Page S3347]]
State, the State and local law enforcement agencies in the
State may, in a manner consistent with the Fourth Amendment
to the Constitution of the United States, carry out Counter-
UAS activities for purposes of detecting, identifying, and
mitigating the threats posed by an unmanned aircraft or
unmanned aircraft system within the jurisdiction of the State
or locality.
(b) Testing Authority.--
(1) In general.--
(A) States and localities.--Subject to paragraphs (2) and
(3), any State or locality of a State may establish testing
areas for purposes of researching, testing, providing
training on, and evaluating of any equipment, including any
electronic equipment, to determine the capability and utility
of the equipment to carry out Counter-UAS activities to
detect, identify, and mitigate the threats posed by an
unmanned aircraft or unmanned aircraft system within the
jurisdiction of the State or locality.
(B) Private sector entities.--Subject to paragraphs (2) and
(3), any private sector entity may establish testing areas
for purposes of researching, testing, providing training on,
and evaluating of any equipment, including any electronic
equipment, to determine the capability and utility of the
equipment to carry out Counter-UAS activities to detect,
identify, and mitigate the threats posed by an unmanned
aircraft or unmanned aircraft system, so long as such
activities are carried out in accordance with applicable
State and local laws.
(2) FAA cooperation.--The Federal Aviation Administration
shall cooperate with any action by a State, a locality of a
State, or a private sector entity to designate airspace to be
used for testing under paragraph (1) unless the State,
locality, or entity designates an area of airspace that would
create a significant safety hazard to airport operations, air
navigation facilities, air traffic control systems, or other
components of the national airspace system that facilitate
the safe and efficient operation of manned civil, commercial,
or military aircraft within the United States.
(3) Consultation requirement for testing of non-kinetic
equipment.--Any testing of non-kinetic equipment carried out
under the authority of this subsection shall be done in
consultation with the Federal Communications Commission and
the National Telecommunications and Information
Administration.
(c) Non-Kinetic Equipment.--
(1) In general.--Before adopting any standard operating
procedures for using any non-kinetic equipment to carry out a
Counter-UAS activity under the authority of this section, a
State or local law enforcement agency shall do the following:
(A) Consult with the Federal Communications Commission and
the National Telecommunications and Information
Administration about the use of non-kinetic equipment to
carry out a Counter-UAS activity and the standard operating
procedures that the State or local law enforcement agency
will follow for use of such equipment.
(B) Jointly, with the Federal Communications Commission and
the National Telecommunications and Information
Administration create a process for an authorized designee of
the State or local law enforcement agency to notify the
Commission when non-kinetic equipment has been used to carry
out a Counter-UAS activity.
(2) FCC and ntia duties.--The Federal Communications
Commission shall--
(A) not later than 30 days after the date of enactment of
this title, assign to an office of the Commission and to an
office of the Administration, respectively, responsibility
for carrying out the consultation regarding the use of non-
kinetic equipment to carry out Counter-UAS activities
required under paragraph (1)(A) and the consultation
regarding the testing of non-kinetic equipment required by
subsection (b)(3); and
(B) not later than 180 days after the responsibility
described in subparagraph (A) is assigned to each such
office--
(i) publicly designate an office of the Commission and an
office of the Administration, respectively, to receive the
notifications from State or local law enforcement agencies
required under paragraph (1)(B); and
(ii) make publicly available the process for the Commission
and the Administration to carry out any follow up
consultation, if necessary.
(3) Nonduplication.--To the greatest extent practicable,
the Federal Communications Commission and the National
Telecommunications and Information Administration shall
coordinate with respect to the consultations, process
creation, follow up consultations, and other requirements of
this subsection and subsection (a)(4) so as to minimize
duplication of requirements, efforts, and expenditures.
(d) Coordination With the FAA.--Section 376 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44802 note) is
amended--
(1) in subsection (b), by adding at the end the following:
``(4) Permit a process for an applicable State or local law
enforcement agency to notify and coordinate with the Federal
Aviation Administration on actions being taken by the State
or local law enforcement agency to exercise the Counter-UAS
activities authority established under section _04(a) of the
SHIELD U Act.''; and
(2) in subsection (c)--
(A) in paragraph (3)(G), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) establish a process that allows for collaboration and
coordination between the Federal Aviation Administration and
the law enforcement of a State or local government with
respect to the use of the Counter-UAS activities authority
established under section _04(a) of the SHIELD U Act.''.
(e) Interim Notification Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator of the Federal
Aviation Administration shall establish a process under
which--
(A) the law enforcement agency of a State or local
government may notify the Administrator of an active threat
posed by an unmanned aircraft or unmanned aircraft system
within the jurisdiction of the State or local law enforcement
agency and the intent of the agency to facilitate Counter-UAS
activities;
(B) the Administrator, based on notice made pursuant to
subparagraph (A), shall issue immediate warnings to operators
of both manned and unmanned aircraft operating within the
area of airspace where the law enforcement agency's Counter-
UAS activities are taking place; and
(C) the Administrator and the State and local law
enforcement agency notify UAS operators and manned operators
in the area that an area of airspace is clear once the State
and local law enforcement have concluded the Counter-UAS
activities to mitigate the threat.
(2) Sunset.--The process established under paragraph (1)
shall terminate on the date on which the unmanned aircraft
systems traffic management system required under section 376
of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note)
is fully implemented.
SEC. _05. AUTHORITY TO ENTER INTO CONTRACTS TO PROTECT
FACILITIES FROM UNMANNED AIRCRAFT.
(a) Authority.--The following Federal departments are
authorized to enter into contracts to carry out the following
authorities:
(1) The Department of Defense for the purpose of carrying
out activities under section 130i of title 10, United States
Code.
(2) The Department of Homeland Security for the purpose of
carrying out activities under section 210G of the Homeland
Security Act of 2002 (6 U.S.C. 124n).
(3) The Department of Justice for the purpose of carrying
out activities under section 210G of the Homeland Security
Act of 2002 (6 U.S.C. 124n).
(4) The Department of Energy for the purpose of carrying
out activities under section 4510 of the Atomic Energy
Defense Act (50 U.S.C. 2661).
(b) Federal Acquisition Regulation.--Not later than 180
days after the date of the enactment of this title, the
Federal Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation to implement the authority
provided under subsection (a).
(c) Annual Publication of Recommended Vendors and
Equipment.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the
Director of the Office of Management and Budget, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, the Attorney General, the Secretary of
Energy, the Secretary of Transportation, and the heads of
such other Federal departments or agencies as determined
appropriate by the Director of the Office of Management and
Budget, shall publish and make available to State and local
governments the following:
(A) A list of vendors that are eligible under the Federal
Acquisition Regulation to enter into contracts with the
Federal Government to carry out Counter-UAS activities.
(B) A list of Counter-UAS equipment that is recommended by
the Federal Government to carry out Counter-UAS activities.
(2) Annual risk assessment.--The Director of the Office of
Management and Budget, in consultation with the heads of the
applicable Federal departments and agencies, shall review and
reassess the vendors and equipment specified on the lists
required to be published and made available under paragraph
(1) based on a risk assessment that is jointly considered by
the applicable agencies as part of each annual update of such
lists.
SEC. _06. FEDERAL LAW ENFORCEMENT TRAINING.
Section 884(c) of the Homeland Security Act of 2002 (6
U.S.C. 464(c)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) develop and implement homeland security and law
enforcement training curricula related to the use of Counter-
UAS activities (as defined in section _02 of the SHIELD U
Act) to protect against a threat from an unmanned aircraft or
unmanned aircraft system (as such terms are defined in
section 210G), which shall--
``(A) include--
``(i) training on the use of both kinetic and non-kinetic
equipment;
``(ii) training on the tactics used to detect, identify,
and mitigate a threat from an unmanned aircraft or unmanned
aircraft system; and
``(iii) such other curricula or training the Director
believes necessary; and
[[Page S3348]]
``(B) be made available to Federal, State, local, Tribal,
and territorial law enforcement and security agencies and
private sector security agencies; and''.
SEC. _07. AUTHORIZED USE OF JAMMING TECHNOLOGY.
Title III of the Communications Act of 1934 (47 U.S.C. 301
et seq.) is amended--
(1) in section 301 (47 U.S.C. 301)--
(A) by striking ``It is'' and inserting the following:
``(a) In General.--It is''; and
(B) by adding at the end the following:
``(b) Exception for an Unmanned Aircraft and Unmanned
Aircraft System.--
``(1) Definitions.--In this subsection--
``(A) the term `covered equipment' means equipment that is
used to--
``(i) intercept or otherwise access a wire communication,
an oral communication, an electronic communication, or a
radio communication used to control an unmanned aircraft or
unmanned aircraft system; and
``(ii) disrupt control of an unmanned aircraft or unmanned
aircraft system, without prior consent, including by
disabling the unmanned aircraft or unmanned aircraft system
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications that are used
to control the unmanned aircraft or unmanned aircraft system;
and
``(B) the terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801
of title 49, United States Code.
``(2) Exception.--Subsection (a) shall not apply with
respect to actions taken by State or local law enforcement or
the law enforcement agency of a commercial service airport
using covered equipment in consultation with the Commission
to detect, identify, or mitigate a threat posed by an
unmanned aircraft or unmanned aircraft system.'';
(2) in section 302 (47 U.S.C. 302a), by adding at the end
the following:
``(g) Exception for an Unmanned Aircraft and Unmanned
Aircraft System.--
``(1) Definitions.--In this subsection, the terms `covered
equipment', `unmanned aircraft', and `unmanned aircraft
system' have the meanings given those terms in section 301.
``(2) Exception.--The provisions of this section shall not
apply with respect to actions taken by State or local law
enforcement or the law enforcement agency of a commercial
service airport using covered equipment in consultation with
the Commission to detect, identify, or mitigate a threat
posed by an unmanned aircraft or unmanned aircraft system.'';
and
(3) in section 333 (47 U.S.C. 333)--
(A) by striking ``No person'' and inserting the following:
``(a) In General.--No person''; and
(B) by adding at the end the following:
``(b) Exception for an Unmanned Aircraft and Unmanned
Aircraft System.--
``(1) Definitions.--In this subsection, the terms `covered
equipment', `unmanned aircraft', and `unmanned aircraft
system' have the meanings given those terms in section
301(b).
``(2) Exception.--Subsection (a) shall not apply with
respect to actions taken by State or local law enforcement or
the law enforcement agency of a commercial service airport
using covered equipment in consultation with the Commission
to detect, identify, or mitigate a threat posed by an
unmanned aircraft or unmanned aircraft system.''.
SEC. _08. NO ABROGATION OF TRADITIONAL POLICE POWERS.
Nothing in this title or the amendments made by this title
shall be construed to abrogate the inherent authority of a
State government or subdivision thereof from using their
traditional police powers, including (but not limited to) the
authority to counter an imminent threat to public health or
safety.
______
SA 1961. Mr. LEE 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 appropriate place, insert the following:
TITLE ___--DRONE INTEGRATION AND ZONING ACT
SECTION __01. SHORT TITLE.
This title may be cited as the ``Drone Integration and
Zoning Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Civil.--The term ``civil'', with respect to an unmanned
aircraft system, means that the unmanned aircraft is not a
public aircraft (as defined in section 40102 of title 49,
United States Code).
(3) Commercial operator.--The term ``commercial operator''
means a person who operates a civil unmanned aircraft system
for commercial purposes.
(4) Immediate reaches of airspace.--The term ``immediate
reaches of airspace'' means, with respect to the operation of
a civil unmanned aircraft system, any area within 200 feet
above ground level.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 44801 of title 49, United
States Code (as added by section __03(a)(1)).
(6) Local government.--The term ``local government'' means
the government of a subdivision of a State.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the territories and possessions
of the United States.
(8) Tribal government.--The term ``Tribal government''
means the governing body of an Indian Tribe.
(9) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have
the meanings given those terms in section 44801 of title 49,
United States Code.
(10) Unmanned aircraft take-off and landing zone.--The term
``unmanned aircraft take-off and landing zone'' means a
structure, area of land or water, or other designation for
use or intended to be used for the take-off or landing of
civil unmanned aircraft systems operated by a commercial
operator.
SEC. __03. FEDERAL AVIATION ADMINISTRATION UPDATES TO
NAVIGABLE AIRSPACE.
(a) Definition.--
(1) Immediate reaches of airspace definition.--Section
44801 of title 49, United States Code, is amended by adding
at the end the following new paragraph:
``(14) Immediate reaches of airspace.--The term `immediate
reaches of airspace' means, with respect to the operation of
a civil unmanned aircraft system, any area within 200 feet
above ground level.''.
(2) Navigable airspace definition.--Paragraph (32) of
section 40102 of title 49, United States Code, is amended by
adding at the end the following new sentence: ``In applying
such term to the regulation of civil unmanned aircraft
systems, such term shall not include the area within the
immediate reaches of airspace (as defined in section
44801).''.
(b) Rulemaking.--
(1) In general.--The Administrator shall conduct a
rulemaking proceeding to update the definition of ``navigable
airspace''.
(2) Consultation.--In conducting the rulemaking proceeding
under paragraph (1), the Administrator shall consult with
appropriate State, local, or Tribal government officials.
(c) Designation Requirement.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall
designate the area between 200 feet and 400 feet above ground
level--
(1) for use of civil unmanned aircraft systems under the
exclusive authority of the Administrator; and
(2) for use by both commercial operators or hobbyists and
recreational unmanned aircraft systems, under rules
established by the Administrator.
(d) Final Rule.--Not later than 1 year after the date of
enactment of this title, the Administrator shall issue a
final rule pursuant to the rulemaking conducted under
subsection (b).
(e) Rules of Construction.--Nothing in this section may be
construed to--
(1) prohibit the Administrator from promulgating
regulations related to the operation of unmanned aircraft
systems at more than 400 feet above ground level; or
(2) diminish or expand the preemptive effect of the
authority of the Federal Aviation Administration with respect
to manned aviation.
SEC. __04. PRESERVATION OF STATE, LOCAL, AND TRIBAL
AUTHORITIES WITH RESPECT TO CIVIL UNMANNED
AIRCRAFT SYSTEMS.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Using its constitutional authority to regulate commerce
among the States, Congress granted the Federal Government
authority over all of the navigable airspace in the United
States in order to foster air commerce.
(B) While the regulation of the navigable airspace is
within the Federal Government's domain, the Supreme Court
recognized in United States v. Causby, 328 U.S. 256 (1946),
that the Federal Government's regulatory authority is limited
by the property rights possessed by landowners over the
exclusive control of the immediate reaches of their airspace.
(C) As a sovereign government, a State possesses police
powers, which include the power to protect the property
rights of its citizens.
(D) The proliferation of low-altitude operations of
unmanned aircraft systems has created a conflict between the
responsibility of the Federal Government to regulate the
navigable airspace and the inherent sovereign police power
possessed by the States to protect the property rights of
their citizens.
(2) Sense of congress.--It is the sense of Congress that--
(A) in order for landowners to have full enjoyment and use
of their land, they must have exclusive control of the
immediate reaches of airspace over their property;
(B) the States possess sovereign police powers, which
include the power to regulate land use, protect property
rights, and exercise zoning authority; and
(C) the Federal Government lacks the authority to intrude
upon a State's sovereign right to issue reasonable time,
manner, and place restrictions on the operation of unmanned
aircraft systems operating within the immediate reaches of
airspace.
(b) Requirements Related to Regulations and Standards.--
[[Page S3349]]
(1) In general.--In prescribing regulations or standards
related to civil unmanned aircraft systems, the following
shall apply:
(A) The Administrator shall not authorize the operation of
a civil unmanned aircraft in the immediate reaches of
airspace above property without permission of the property
owner.
(B) Subject to paragraph (2), in the case of a structure
that exceeds 200 feet above ground level, the Administrator
shall not authorize the operation of a civil unmanned
aircraft--
(i) within 50 feet of the top of such structure; or
(ii) within 200 feet laterally of such structure or inside
the property line of such structure's owner, whichever is
closer to such structure.
(C) The Administrator shall not authorize the physical
contact of a civil unmanned aircraft, including such
aircraft's take-off or landing, with a structure that exceeds
200 feet above ground level without permission of the
structure's owner.
(D) The Administrator shall ensure that the authority of a
State, local, or Tribal government to issue reasonable
restrictions on the time, manner, and place of operation of a
civil unmanned aircraft system that is operated below 200
feet above ground level is not preempted.
(2) Exception.--The limitation on the operation of a civil
unmanned aircraft under paragraph (1)(B) shall not apply if--
(A) the operator of such aircraft has the permission of the
structure's owner;
(B) such aircraft is being operated directly within or
above an authorized public right of way; or
(C) such aircraft is being operated on an authorized
commercial route designated under subsection (c).
(3) Reasonable restrictions.--For purposes of paragraph
(1)(D), reasonable restrictions on the time, manner, and
place of operation of a civil unmanned aircraft system
include the following:
(A) Specifying limitations on speed of flight over
specified areas.
(B) Prohibitions or limitations on operations in the
vicinity of schools, parks, roadways, bridges, moving
locations, or other public or private property.
(C) Restrictions on operations at certain times of the day
or week or on specific occasions such as parades or sporting
events, including sporting events that do not remain in one
location.
(D) Prohibitions on careless or reckless operations,
including operations while the operator is under the
influence of alcohol or drugs.
(E) Other prohibitions that protect public safety, personal
privacy, or property rights, or that manage land use or
restrict noise pollution.
(c) Designation of Authorized Commercial Routes.--
(1) In general.--For purposes of subsection (b)(2)(C), not
later than 18 months after the date of enactment of this
title, the Administrator shall establish a process for the
designation of routes as authorized commercial routes. No
area within 200 feet above ground level may be included in a
designated authorized commercial route.
(2) Application.--Under the process established under
paragraph (1), applicants shall submit an application for
such a designation in a form and manner determined
appropriate by the Administrator.
(3) Timeframe for decision.--Under the process established
under paragraph (1), the Administrator shall approve or
disapprove a complete application for designation within 90
days of receiving the application.
(4) Consultation.--In reviewing an application for the
designation of an area under this subsection, the
Administrator shall consult with and heavily weigh the views
of--
(A) the applicable State, local, or Tribal government that
has jurisdiction over the operation of unmanned aircraft in
the area below the area to be designated;
(B) owners of structures who would be affected by the
designation of a route as an authorized commercial route; and
(C) commercial unmanned aircraft operators.
(5) Denial of application.--If the Administrator denies an
application for a designation under this subsection, the
Administrator shall provide the applicant with--
(A) a detailed description of the reasons for the denial;
and
(B) recommendations for changes that the applicant can make
to correct the deficiencies in their application.
(6) Approval of application.--If the Administrator approves
an application for a designation under this subsection, the
Administrator shall clearly describe the boundaries of the
designated authorized commercial route and any applicable
limitations for operations on the route.
(7) Delegation.--The Administrator may delegate the
authority to designate authorized commercial routes under
this subsection to a State, local, or Tribal government that
has entered into an agreement with the Administrator under
section __08 with respect to an area designated as complex
airspace.
(d) Rules of Construction.--
(1) Safety hazard.--Nothing in this section may be
construed to permit a State, local, or Tribal government to
issue restrictions, or a combination of restrictions, that
would create a significant safety hazard in the navigable
airspace, airport operations, air navigation facilities, air
traffic control systems, or other components of the national
airspace system that facilitate the safe and efficient
operation of civil, commercial, or military aircraft within
the United States.
(2) Cause of action.--Nothing in this section may be
construed to prohibit a property owner or the owner of a
structure with a height that exceeds 200 feet above ground
level from pursuing any available cause of action under State
law related to unmanned aircraft operations above 200 feet
above ground level.
SEC. __05. PRESERVATION OF LOCAL ZONING AUTHORITY FOR
UNMANNED AIRCRAFT TAKE-OFF AND LANDING ZONES.
(a) General Authority.--Subject to the succeeding
provisions of this section, nothing in this title shall limit
or affect the authority of a State, local, or Tribal
government over decisions regarding the designation,
placement, construction, or modification of an unmanned
aircraft take-off and landing zone.
(b) Nondiscrimination.--The regulation of the designation,
placement, construction, or modification of an unmanned
aircraft take-off and landing zone by any State, local, or
Tribal government may not--
(1) unreasonably discriminate among commercial operators of
unmanned aircraft systems; or
(2) prohibit, or have the effect of prohibiting, a
commercial operator from operating an unmanned aircraft
system.
(c) Applications.--
(1) Requirement to act.--
(A) In general.--A State, local, or Tribal government shall
act on any complete application for authorization to
designate, place, construct, or modify an unmanned aircraft
take-off and landing zone within 60 days of receiving such
application.
(B) Denial.--If a State, local, or Tribal government denies
an application for the designation, placement, construction,
or modification of an unmanned aircraft take-off and landing
zone, the State, local, or Tribal government shall, not later
than 30 days after denying the application, submit to the
commercial operator a written record that details--
(i) the findings and substantial evidence that serves as
the basis for denying the application; and
(ii) recommendations for how the commercial operator can
address the reasons for the application's denial.
(2) Fees.--Notwithstanding any other provision of law, a
State, local, or Tribal government may charge a fee to
consider an application for the designation, placement,
construction, or modification of an unmanned aircraft take-
off and landing zone, or to use a right-of-way or a facility
in a right-of-way owned or managed by the State, local, or
Tribal government for the designation, placement,
construction, or modification of an unmanned aircraft take-
off and landing zone, if the fee is--
(A) competitively neutral, technologically neutral, and
nondiscriminatory; and
(B) publicly disclosed.
(3) Rule of construction.--Nothing in this subsection may
be construed to prevent any State, local, or Tribal
government from imposing any additional limitation or
requirement relating to consideration by the State, local, or
Tribal government of an application for the designation,
placement, construction, or modification of an unmanned
aircraft take-off and landing zone.
(d) Judicial Review.--Any person adversely affected by any
final action or failure to act by a State, local, or Tribal
government that is inconsistent with this section may, within
30 days after the action or failure to act, commence an
action in any court of competent jurisdiction, which shall
hear and decide the action on an expedited basis.
(e) Effective Date.--The provisions of this section shall
take effect on the day that is 180 days after the final rule
under section __03(d) is issued.
SEC. __06. RIGHTS TO OPERATE.
(a) Prohibition.--
(1) In general.--Subject to subsection (b), a State, local,
or Tribal government may not adopt, maintain, or enforce any
law, rule, or standard that unreasonably or substantially
impedes--
(A) the ascent or descent of an unmanned aircraft system,
operated by a commercial operator, to or from the navigable
airspace in the furtherance of a commercial activity; or
(B) a civil unmanned aircraft from reaching navigable
airspace where operations are permitted.
(2) Unreasonable or substantial impediment.--For purposes
of paragraph (1), an unreasonable or substantial impediment
with respect to civil unmanned aircraft includes--
(A) a complete and total ban on overflights of civil
unmanned aircraft over the entirety of airspace within a
State, local, or Tribal government's jurisdiction; and
(B) a combination of prohibitions or restrictions on
overflights within airspace under a State, local, or Tribal
government's jurisdiction such that it is nearly impossible
for civil unmanned aircraft to reach the navigable airspace.
(b) Rules of Construction.--Nothing in subsection (a) may
be construed to prohibit a State, local, or Tribal government
from--
(1) adopting, maintaining, or enforcing laws, rules, or
standards that regulate unmanned aircraft systems below 200
feet above ground level; or
[[Page S3350]]
(2) prescribing emergency procedures for a civil unmanned
aircraft system descending into an area 200 feet above ground
level.
SEC. __07. UPDATES TO RULES REGARDING THE COMMERCIAL CARRIAGE
OF PROPERTY.
(a) Improving Regulations.--Section 44808 of title 49,
United States Code, is amended--
(1) by redesignating subsection (b)(5) as subsection (c),
and indenting appropriately;
(2) by redesignating subparagraphs (A), (B), and (C) of
subsection (c), as redesignated by paragraph (1), as
paragraphs (1), (2), and (3), respectively, and indenting
appropriately;
(3) by redesignating subsection (b)(6) as subsection (d),
and indenting appropriately; and
(4) in subsection (b), as previously amended, by adding at
the end the following new paragraphs:
``(5) Ensure that the provision of section 41713 shall not
apply to the carriage of property by operators of small
unmanned aircraft systems.
``(6) Ensure that an operator of a small unmanned aircraft
system is not required to comply with any rules approved
under this section if the operator is operating solely under
a State authorization for the intrastate carriage of property
for compensation or hire.
``(7) Ensure that the costs necessary to receive such an
authorization are minimal so as to protect competition
between market participants.
``(8) A streamlined application process that only contains
requirements minimally necessary for safe operation and
substantially outweigh the compliance costs for an
applicant.''.
(b) Clarification Regarding Preemption.--Section 41713(b)
of title 49, United States Code, is amended by adding at the
end the following new paragraph:
``(5) Not Applicable to the Operation of a Civil Unmanned
Aircraft System.--Paragraphs (1) and (4) shall not apply to
the operation of a civil unmanned aircraft system.''.
(c) Exclusion From Definition of Air Carrier.--Section
40102(2) of title 49, United States Code, is amended by
inserting ``(but does not include an operator of civil
unmanned aircraft systems)'' before the period at the end.
(d) State Authorization for the Intrastate Carriage of
Property.--A State may not be prohibited from issuing an
authorization (and the Federal Government may not require a
Federal authorization) for the carriage of property by a
commercial operator of a civil unmanned aircraft that is
operating in intrastate commerce if the civil unmanned
aircraft is only authorized by the State to operate--
(1) within the immediate reaches of airspace; and
(2) within the lateral boundaries of the State.
SEC. __08. DESIGNATION OF CERTAIN COMPLEX AIRSPACE.
(a) Process for Designation.--
(1) In general.--Not later than 18 months after the date of
enactment of this title, the Secretary of Transportation
shall establish a process under which a State, local, or
Tribal government may submit an application to the
Administrator (in a form and manner determined appropriate by
the Administrator) for the designation of an area as an area
of ``complex airspace.'' Such process shall allow for
individual or collective designations.
(2) Timeframe for decision.--Under the process established
under paragraph (1), the Administrator shall approve or
disapprove a complete application for designation within 90
days of receiving the application.
(3) Review of application.--In reviewing an application for
a designation under this section, the Administrator may deny
the request if the State, local, or Tribal government does
not have--
(A) the financial resources to carry out the authority to
be granted under the designation; or
(B) the technological capabilities necessary to carry out
the authority granted to the State under the designation.
(4) Denial of application.--If the Administrator denies an
application for a designation under this section, the
Administrator shall provide the State, local, or Tribal
government with--
(A) a detailed description of the reasons for the denial;
and
(B) recommendations for changes that the State can make to
correct the deficiencies in their application.
(5) Approval of application.--If the Administrator approves
an application for a designation under this section, the
Administrator shall, upon the request of the State, local, or
Tribal government, enter into a written agreement with the
State, local, or Tribal government (which may be in the form
of a memorandum of understanding) under which the
Administrator may assign, and the State, local, or Tribal
government may assume, one or more of the responsibilities of
the Administrator with respect to the management of civil
unmanned aircraft operations within the area that has been so
designated.
(b) Agreements.--
(1) State, local, or tribal government responsibilities
under agreement.--If a State, local, or Tribal government
enters into an agreement with the Administrator under
subsection (a)(5), the State, local, or Tribal government
shall be solely responsible, and solely liable, for carrying
out the responsibilities assumed in the agreement until the
agreement is terminated.
(2) Termination by state, local, or tribal government.--A
State, local, or Tribal government may terminate an agreement
with the Administrator under subsection (a)(5) if the State,
local, or Tribal government provides the Administrator 90
days of notice.
(3) Termination by administrator.--The Administrator may
terminate an agreement with a State, local, or Tribal
government under subsection (a)(5) if--
(A) the Administrator determines that the State, local, or
Tribal government is not adequately carrying out the
responsibilities assigned under the agreement; and
(B) the Administrator provides the State, local, or Tribal
government with--
(i) written notification of a determination of
noncompliance with the responsibilities assigned under the
agreement; and
(ii) a period of not less than 180 days for the State,
local, or Tribal government to take such corrective actions
as the Administrator determines necessary to comply with the
responsibilities assigned under the agreement.
(c) Complex Airspace Defined.--In this section, the term
``complex airspace'' means an area of airspace that--
(1) is at least 200 feet above ground level; and
(2) includes one or more structures that have a height that
exceeds 200 feet above ground level.
SEC. __09. IMPROVEMENTS TO PLAN FOR FULL OPERATIONAL
CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC
MANAGEMENT.
Section 376 of the FAA Reauthorization Act of 2018 (Public
Law 115-254) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) Permit the testing of a State, local, or Tribal
government's time, place, and manner restrictions within the
immediate reaches of airspace (as defined in section
44801).'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``industry and
government'' and inserting ``industry, the Federal
Government, and State, local, or Tribal governments'';
(B) in paragraph (3)(G), by striking ``and'' at the end;
(C) in paragraph (4)(C), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following new paragraphs:
``(5) establish a plan for collaboration and coordination
with a State, local, or Tribal government's management of
unmanned aircraft systems within the immediate reaches of
airspace (as defined in section 44801); and
``(6) establish a process for the interoperability and
sharing of data between Federal Government, State, local, or
Tribal government, and private sector UTM services.'';
(3) in subsection (d)--
(A) in paragraph (2)(J), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) shall consult with State, local, and Tribal
governments.''; and
(4) in subsection (g), by inserting ``and State, local, and
Tribal governments'' after ``Federal agencies''.
SEC. __10. UPDATES TO RULES REGARDING SMALL UNMANNED AIRCRAFT
SAFETY STANDARDS.
Section 44805 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) ensuring that no State is prohibited from requiring
additional equipage for a small unmanned aircraft system so
long as such small unmanned aircraft system is solely
authorized to operate in the immediate reaches of airspace
(as defined in section 44801) and the lateral boundaries of a
State.'';
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall'';
(3) in subsection (j), by striking ``may'' and inserting
``shall''; and
(4) by adding at the end the following new subsection:
``(k) Requirements for Accepting Risk-Based Consensus
Safety Standards.--
``(1) Cost-benefit analysis.--The Administrator shall not
accept a risk-based consensus safety standard under
subsection (a)(1) unless the Administrator has first
conducted a cost-benefit analysis and certified that the
benefit of the safety standard substantially outweighs the
costs to the manufacturer and consumer.
``(2) Must be essential.--The Administrator shall not
accept a risk-based consensus safety standard under
subsection (a)(1) unless the Administrator determines that
the safety standard is essential for small unmanned aircraft
systems to operate safely in the UTM.''.
SEC. __11. RULES OF CONSTRUCTION.
(a) In General.--Subject to subsection (b), nothing in this
title may be construed to--
(1) diminish or expand the preemptive effect of the
authority of the Federal Aviation Administration with respect
to manned aviation; or
(2) affect the civil or criminal jurisdiction of--
[[Page S3351]]
(A) any Indian Tribe relative to any State or local
government; or
(B) any State or local government relative to any Indian
Tribe.
(b) Enforcement Actions.--Nothing in subsection (a) may be
construed to limit the authority of the Administrator to
pursue enforcement actions against persons operating civil
unmanned aircraft systems who endanger the safety of the
navigable airspace, airport operations, air navigation
facilities, air traffic control systems, or other components
of the national airspace system that facilitate the safe and
efficient operation of civil, commercial, or military
aircraft within the United States.
SEC. __12. REPEAL.
Section 606 of this Act, including the amendments made by
such section, are repealed.
______
SA 1962. Mr. LEE 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 appropriate place, insert the following:
SEC. [___]. SCREENING PARTNERSHIP REFORM ACT.
(a) Short Title.--This section may be cited as the
``Screening Partnership Reform Act''.
(b) Screening Partnership Program.--
(1) In general.--Section 44920 of title 49, United States
Code, is amended--
(A) by amending subsection (b) to read as follows:
``(b) Selection of Qualified Private Screening Companies.--
``(1) List of qualified private screening companies.--Not
later than 30 days after receiving an application from the
operator of an airport under subsection (a), the
Administrator shall provide the operator of such airport with
an opportunity--
``(A) for the operator to select a qualified private
screening company with which the operator prefers the
Administrator enter into a contract for screening services at
such airport; or
``(B) to request that the Administrator select a qualified
private screening company with which to enter into such a
contract.
``(2) Entry into contract.--
``(A) In general.--Subject to subsections (c) and (d), not
later than 60 days after the date on which the operator of an
airport selects a qualified private screening company under
paragraph (1)(A) or clause (ii) or requests the Administrator
to select such a company under paragraph (1)(B)--
``(i) the Administrator shall enter into a contract for
screening services at that airport with the qualified private
screening company selected by the airport or the company
selected by the Administrator, as the case may be; or
``(ii) in the case of a company selected by the operator of
the airport, if the Administrator rejects the bid from that
company, or is otherwise unable to enter into a contract with
that company, the Administrator shall provide the operator of
the airport another 60 days to select another qualified
private screening company.
``(B) Rejection of bids.--If the Administrator rejects a
bid from a private screening company selected by the operator
of an airport under paragraph (1)(A) or subparagraph (A)(ii),
the Administrator shall, not later than 30 days after
rejecting such bid, submit a report to the operator, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security of the House
of Representatives that includes--
``(i) the findings that served as the basis for rejecting
such bid;
``(ii) the results of any cost or security analyses
conducted in relation to such bid; and
``(iii) recommendations for how the operator of the airport
can address the reasons the Administrator rejected such
bid.'';
(B) in subsection (c), by striking ``and will provide'' and
all that follows through ``with this chapter'';
(C) in subsection (d)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(iii) in paragraph (1), as redesignated--
(I) in the matter preceding subparagraph (A), by striking
``The Administrator'' and all that follows and inserting
``The Administrator shall enter into a contract with a
qualified private screening company only if--'';
(II) in subparagraph (B), by striking ``and'' at the end;
and
(III) by striking subparagraph (C) and inserting the
following:
``(C) the cost of providing screening services at the
airport under the contract is equal to or less than the cost
to the Federal Government of providing screening services at
that airport during the term of the contract; and
``(D) entering into the contract would not compromise
aviation security or the effectiveness of the screening of
passengers or property at the airport.'';
(iv) in paragraph (2), as redesignated, by striking the
second sentence; and
(v) by adding at the end the following:
``(3) Training and certification.--
``(A) In general.--A private screening company may fulfill
the requirement under paragraph (1)(A) by using screening
supervisors who have been trained and certified at a Federal
Law Enforcement Training Center to administer comparable on-
site training and certification to private security screeners
at an airport that is participating in the screening
partnership program.
``(B) Authorized trainers.--If a private screening company
elects to conduct on-site training and certification in
accordance with subparagraph (A), such training shall be
conducted by--
``(i) a Federal employer or contractor who is authorized to
train and certify security screeners; or
``(ii) an employee of a private screening company who has
successfully completed security supervisor training at a
Federal Law Enforcement Training Center.
``(C) Rule of construction.--Nothing in this paragraph may
be construed to require security screeners employed by a
private screening company who have received on-site training
and certification in accordance with subparagraph (A) to
receive any additional training at a Federal Law Enforcement
Training Center.
``(4) Part-time positions.--None of the standards required
to be a qualified private screening company may be construed
to prohibit a private screening company from employing
screeners for part-time positions.
``(5) Calculation of federal costs.--For purpose of the
comparison of costs required under paragraph (1)(C), the
Administrator shall incorporate a cost estimate that reflects
the total cost to the Federal Government, including all costs
incurred by all Federal agencies and not only by the
Transportation Security Administration, of providing
screening services at an airport.'';
(D) by striking subsection (i) (as added by section
1946(a)(7) of the TSA Modernization Act (division K of Public
Law 115-254)); and
(E) by striking subsection (i) (as added by section
1991(d)(17)(B) of the TSA Modernization Act (division K of
Public Law 115-254)) and inserting the following:
``(i) Consideration of Recommendations by Private Screening
Companies for Improving Aviation Security.--
``(1) Recommendations.--The Administrator shall request
each qualified private screening company that enters into a
contract with the Transportation Security Administration
under this section to provide screening services at an
airport to submit to the Administrator an annual report that
includes recommendations for--
``(A) new approaches to prioritize and streamline
requirements for aviation security;
``(B) new or more efficient processes for the screening of
all passengers and property at the airport under section
44901;
``(C) processes and procedures that would enhance the
screening of passengers and property at the airport; or
``(D) screening processes and procedures that would better
enable the Administrator and the private screening company to
respond to threats and emerging threats to aviation security.
``(2) Testing.--The Administrator shall conduct a field
demonstration at an airport of each recommendation submitted
under paragraph (1) to determine the effectiveness of the
approach, process, or procedure recommended, unless the
Administrator determines that conducting such a demonstration
would compromise aviation security.
``(3) Consideration of adoption.--
``(A) In general.--After conducting a field demonstration
under paragraph (2) with respect to a recommendation
submitted under paragraph (1) by a private screening company,
the Administrator--
``(i) shall consider adopting the recommendation; and
``(ii) may adopt the recommendation at all or some
airports.
``(B) Report.--If the Administrator does not adopt a
recommendation submitted under paragraph (1) by a private
screening company, the Administrator shall submit a report to
Congress and the private screening company that includes--
``(i) a description of the specific reasons the
Administrator chose not to adopt the recommendation; and
``(ii) recommendations for how the private screening
company could improve the approach, process, or procedure
recommended.
``(j) Restrictions on Relocation Payments.--
``(1) In general.--A security screener employed by the
Transportation Security Administration who accepts an offer
of employment from a private screening company under this
section may not receive any amount of relocation compensation
from the Transportation Security Administration.
``(2) Coordination and disclosures.--The Administrator
shall--
``(A) coordinate with the selected qualified private
screening company regarding the terms of the airport
transition; and
``(B) publicly disclose compensation and relocation or
transfer benefits made available to security screeners that
remain employees of the Transportation Security
Administration after transferring to an airport that is not
participating in the screening partnership program.
``(3) Standard hiring process.--Any security screener
employed by a private screening company under this section
who is a former employee of the Transportation Security
Administration shall be subject to the
[[Page S3352]]
standard hiring process for security screeners employed by
the Transportation Security Administration if he or she seeks
to transition back to such employment.''.
(2) Conforming amendments.--Section 44920 of title 49,
United States Code, is amended--
(A) in subsection (a), by inserting ``(referred to in this
section as the `Administrator')'' after ``of the
Transportation Security Administration''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``Secretary of Homeland
Security'' and inserting ``Administrator''; and
(ii) in paragraph (2)(A), by striking ``Secretary of
Homeland Security or the Secretary's'' and inserting
``Administrator or the Administrator's''.
(3) Federal law enforcement training center.--Section
884(c) of the Homeland Security Act of 2002 (6 U.S.C. 464(c))
is amended--
(A) in paragraph (9), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(11) create and maintain a FLETC training program to
certify private security screening supervisors to administer
on-site security screening training and certification for the
participants in the Screening Partnership Program in
accordance with section 44920(d)(3) of title 49, United
States Code.''.
______
SA 1963. Mr. LEE 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 appropriate place, insert the following:
SEC. ___. RESTRICTION ON PROMOTION AND HIRING PRACTICES.
The Administrator of the Federal Aviation Administration
may not consider gender, race, or protected class under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
in the hiring or promoting of any individual within the
Federal Aviation Administration.
______
SA 1964. Mr. LEE 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 appropriate place, insert the following:
SEC. ___. RESTRICTION ON USE OF FUNDS.
None of the funds authorized to be appropriated under this
Act and the amendments made by this Act may be used to
develop, administer, implement, or enforce the Sustainable
Aviation Fuel Grand Challenge.
______
SA 1965. Mr. LEE 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 appropriate place, insert the following:
SEC. ___. RESTRICTION ON USE OF FUNDS.
None of the funds authorized to be appropriated under this
Act and the amendments made by this Act may be used to
develop, administer, implement, or enforce the United States
Aviation Climate Action Plan published by the Federal
Aviation Administration on November 9, 2021.
______
SA 1966. Mr. LEE 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 appropriate place, insert the following:
SEC. __. REPORT ON UNKNOWN OBJECTS IN FLIGHT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue a non-classified report about
occurrences in which commercial pilots spot, or otherwise
visually witness, unknown objects in flight and address
whether unidentified aerial object encounters have ever
disrupted, interfered, or interacted with flight instruments.
(b) Inclusion.--In the report issued under subsection (a),
the Administrator shall include any documents from commercial
industry with respect to the observations described in such
subsection, including documents relating to specific
instances and firsthand witness accounts.
(c) Involvement of Other Agencies.--No other Federal agency
may be involved in issuing the report required under this
section.
______
SA 1967. Mr. LEE 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. __. HOUSING OF UNDOCUMENTED MIGRANTS.
None of the funds authorized by this Act may be used to
house undocumented migrants in airport space.
______
SA 1968. Mr. LEE 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 appropriate place, insert the following:
TITLE __--FREEDOM TO FLY ACT
SEC. _001. SHORT TITLE.
This title may be cited as the ``Freedom to Fly Act''.
SEC. _002. PROHIBITION ON IMPLEMENTATION OF VACCINATION
MANDATE.
The Administrator may not implement or enforce any
requirement that employees of air carriers be vaccinated
against COVID-19.
SEC. _003. PROHIBITION ON VACCINATION REQUIREMENTS FOR FAA
CONTRACTORS.
The Administrator may not require any contractor to mandate
that employees of such contractor obtain a COVID-19 vaccine
or enforce any condition regarding COVID-19 vaccination
status of employees of a contractor.
SEC. _004. PROHIBITION ON VACCINE MANDATE FOR FAA EMPLOYEES.
The Administrator may not implement or enforce any
requirement that employees of the Administration be
vaccinated against COVID-19.
SEC. _005. PROHIBITION ON VACCINE MANDATE FOR PASSENGERS OF
AIR CARRIERS.
The Administrator may not implement or enforce any
requirement that passengers of air carriers be vaccinated
against COVID-19.
SEC. _006. PROHIBITION ON IMPLEMENTATION OF A MASK MANDATE.
The Administrator may not implement or enforce any
requirement that employee of air carriers wear a mask.
SEC. _007. PROHIBITION ON MASK MANDATES FOR FAA CONTRACTORS.
The Administrator may not require any contractor to mandate
that employees of such contractor wear a mask.
SEC. _008. PROHIBITION ON MASK MANDATE FOR FAA EMPLOYEES.
The Administrator may not implement or enforce any
requirement that employees of the Administration wear a mask.
SEC. _009. PROHIBITION ON MASK MANDATE FOR PASSENGERS OF AIR
CARRIERS.
The Administrator may not implement or enforce any
requirement that passengers of air carriers wear a mask.
SEC. _010. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administration'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
______
SA 1969. Mr. LEE 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 appropriate place, insert the following:
SEC. ___. RESTRICTION ON USE OF FUNDS.
None of the funds authorized to be appropriated under this
Act and the amendments made by this Act may be used to
develop, administer, implement, or enforce Federal Aviation
Administration Diversity, Equity, Inclusion and Accessibility
(DEIA) efforts, events, or activities.
______
SA 1970. Mr. LEE 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 745.
______
SA 1971. Mr. LEE submitted an amendment intended to be proposed to
[[Page S3353]]
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 730, and insert the following:
SEC. 730. PROHIBITION OF FUNDING MINORITY AND DISADVANTAGED
BUSINESS PARTICIPATION.
None of the funds authorized to be appropriated by this Act
may be used to carry out either the Airport Disadvantaged
Business Enterprise Program or the Airport Concessions
Disadvantaged Business Enterprise Program under sections
47113 and 47107(e) of title 49, United States Code.
______
SA 1972. Mr. LEE 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. ___. APPROVAL OF CERTAIN FINAL RULES BY CONGRESS.
Notwithstanding any other provision of law, any final rule
issued by the Administrator that has an effect on the economy
that exceeds $100,000,000 may only take effect upon enactment
of a joint resolution.
______
SA 1973. Mr. LEE 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 title IV, add the following:
SEC. 442. AGE STANDARDS FOR PILOTS.
Section 44729 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Subject to the limitation in subsection
(c), a'' and inserting ``A''; and
(B) by striking ``65'' and inserting ``67'';
(2) in subsection (b)(1) by striking ``; or'' and inserting
``, unless the operation takes place in airspace where such
operations are not permitted; or'';
(3) by striking subsection (c) and redesignating
subsections (d) through (h) as subsections (c) through (g),
respectively;
(4) in subsection (c), as so redesignated--
(A) in the heading by striking ``60'' and inserting ``65'';
(B) by striking ``the date of enactment of this section,''
and inserting ``the date of enactment of the FAA
Reauthorization Act of 2024,'';
(C) by striking ``section 121.383(c)'' and inserting
``subsections (d) and (e) of section 121.383''; and
(D) by inserting ``(or any successor regulations)'' after
``Regulations'';
(5) in subsection (d), as so redesignated--
(A) by striking paragraph (1) and inserting the following:
``(1) Retroactivity.--A person who has attained 65 years of
age on or before the date of enactment of the FAA
Reauthorization Act of 2024 may return to service as a pilot
for an air carrier engaged in covered operations.''; and
(B) in paragraph (2) by striking ``section, taken in
conformance with a regulation issued to carry out this
section, or taken prior to the date of enactment of this
section in conformance with section 121.383(c) of title 14,
Code of Federal Regulations (as in effect before such date of
enactment), may'' and inserting ``section or taken in
conformance with a regulation issued to carry out this
section, may''; and
(6) by adding at the end the following:
``(h) Savings Clause.--An air carrier engaged in covered
operations described in subsection (b)(1) on or after the
date of enactment of the FAA Reauthorization Act of 2024 may
not require employed pilots to serve in such covered
operations after attaining 65 years of age.''.
______
SA 1974. Mr. LEE 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 221(a) and insert the following:
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall reinstate and
apply the telework policies, practices, and levels of the
agency as in effect on December 31, 2019, and may not expand
any such policy, practice, or level until the date on which
the Administration has submitted the update as required by
subsection (b).
______
SA 1975. Mr. LEE 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 AVAILABILITY OF FUNDS.
None of the funds authorized to be appropriated by this Act
may be authorized to be appropriated if air carriers or
airport security accept any of the following as a valid
identification or authorization document, or permit the
following to be used to obtain such identification or travel
document, for an airline passenger seeking to board an
aircraft:
(1) CBP One Mobile Application.
(2) Department of Homeland Security Form I-385, Notice to
Report.
(3) Department of Homeland Security Form I-862, Notice to
Appear.
______
SA 1976. Mr. LEE 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 AVAILABILITY OF FUNDS.
None of the funds authorized to be appropriated by this Act
may be appropriated if air carriers or airport security
accept any of the following as a valid identification or
authorization document, or permit the following to be used to
obtain such identification or travel document, for an airline
passenger seeking to board an aircraft:
(1) CBP One Mobile Application.
(2) Department of Homeland Security Form I-385, Notice to
Report.
(3) Department of Homeland Security Form I-862, Notice to
Appear.
______
SA 1977. Mr. LEE 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 FOR AIR
CARRIERS THAT PROVIDE, OR FACILITATE THE
PROVISION OF, TRANSPORTATION OF ANY ALIEN USING
CERTAIN METHODS OF IDENTIFICATION.
(a) In General.--Chapter 401 of title 49, United States
Code, is amended by inserting after section 40130 the
following new section:
``Sec. 40131. Permanent prohibition on operations for air
carriers that transport any alien using certain methods of
identification
``An air carrier or foreign air carrier may not operate an
aircraft in foreign air transportation or land such aircraft
at any airport in the United States if the air carrier or
foreign air carrier actively provides, or actively
facilitates the provision of, transportation of any alien
using any of the following for purposes of identification or
travel authorization:
``(1) The CBP One Mobile Application.
``(2) Department of Homeland Security Form I-385, Notice to
Report.
``(3) Department of Homeland Security Form I-862, Notice to
Appear.''.
(b) Clerical Amendment.--The analysis for chapter 401 of
title 49, United States Code, is amended by inserting after
the item relating to section 40130 the following:
``40131. Permanent prohibition on operations for air carriers that
transport any alien using certain methods of
identification.''.
SEC. __. PROHIBITION OF CERTAIN FORMS OF IDENTIFICATION FOR
AIRLINE PASSENGERS.
Section 7220 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 49 U.S.C. 44901
note) is amended--
[[Page S3354]]
(1) in subsection (c)(1)(C), by inserting ``except as
provided in subsection (d),'' before ``any document'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Prohibition of Certain Forms of Identification.--In
carrying out this section, the Secretary of Homeland Security
may not designate or permit any of the following as a valid
identification or authorization document, or permit the
following to be used to obtain such identification or travel
document, for a domestic commercial airline passenger seeking
to board an aircraft:
``(1) The CBP One Mobile Application.
``(2) Department of Homeland Security Form I-385, Notice to
Report.
``(3) Department of Homeland Security Form I-862, Notice to
Appear.''.
______
SA 1978. Mr. LEE 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. __. EXEMPTION FROM FEES FOR INSPECTION SERVICES.
(a) Definitions.--In this section:
(1) Aircraft.--The term ``aircraft'' has the meaning given
the term in section 40102(a) of title 49, United States Code.
(2) Commercial cargo.--The term ``commercial cargo'' means
cargo (as defined in section 40102(a) of title 49, United
States Code) that is not owned by passengers aboard an
aircraft on a flight entering the customs territory of the
United States.
(b) Exemption.--An aircraft with 64 or fewer seats that
enters the customs territory of the United States on or after
the date of enactment of this Act and is not carrying any
commercial cargo shall be exempt from fees imposed under
section 2509 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (21 U.S.C. 136a) and any materially similar
provision of law.
______
SA 1979. Mr. LEE 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 502, and insert the following:
SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT
EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
(a) Increase in Number of Slot Exemptions.--Section 41718
of title 49, United States Code, is amended by adding at the
end the following new subsection:
``(i) Additional Slot Exemptions.--
``(1) Increase in slot exemptions.--Not later than 90 days
after the date of enactment of this subsection, the Secretary
shall grant, by order, 56 exemptions from--
``(A) the application of sections 49104(a)(5), 49109, and
41714 to air carriers to operate limited frequencies and
aircraft on routes between Ronald Reagan Washington National
Airport and airports located within or beyond the perimeter
described in section 49109; and
``(B) the requirements of subparts K, S, and T of part 93,
Code of Federal Regulations.
``(2) Incremental dca slot allocations.--
``(A) In general.--Of the slot exemptions made available
under paragraph (1), the Secretary shall make 40 available to
incumbent air carriers qualifying for status as a non-limited
incumbent carrier and 16 available to incumbent carriers
qualifying for status as a limited incumbent carrier at
Ronald Reagan Washington National Airport as of the date of
enactment of this subsection.
``(B) Air carrier requirements.--An air carrier granted a
slot exemption made available under paragraph (1)--
``(i) may operate up to a maximum of 8 of the newly
authorized slot exemptions;
``(ii) shall have sole discretion concerning the use of an
exemption made available under paragraph (1), including the
initial or any subsequent within or beyond perimeter
destinations to be served; and
``(iii) shall file a notice of intent with the Secretary
and subsequent notices of intent, when appropriate, to inform
the Secretary of any change in circumstances concerning the
use of any exemption made available under paragraph (1).
``(3) Notices of intent.--Notices of intent under paragraph
(2)(B)(iii) shall specify the within or beyond perimeter
destinations to be served.
``(4) Conditions.--Flight operations carried out by an air
carrier using an exemption granted under this subsection
shall be subject to the following conditions:
``(A) An air carrier granted an exemption under this
subsection is prohibited from transferring the rights to its
slot exemptions pursuant to section 41714(j).
``(B) The exemptions granted under subsection (2)--
``(i) may not be for operations between the hours of 10:00
p.m. and 7:00 a.m.; and
``(ii) may not increase the number of operations at Ronald
Reagan Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59 p.m. by more than
8 operations.''.
(b) Conforming Amendments.--Section 41718 of title 49,
United States Code, is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``or (i)(2)'' after
``(g)(2)''; and
(ii) in clause (ii), by striking ``and (g)'' and inserting
``(g), and (i)''; and
(B) in subparagraph (B), by inserting ``or (i)(2)'' after
``(g)(3)''; and
(2) in subsection (h)(1), by inserting ``or (i)'' after
``subsection (g)''.
(c) Preservation of Existing Within-Perimeter Air
Service.--In recognition of the importance of preserving air
service, as it exists on the date of enactment of this
section, between Ronald Reagan Washington National Airport
and within-perimeter airports and communities, this section
and the amendments made by this section shall not be
construed as authorizing any limited incumbent or non-limited
incumbent air carrier holding slots or slot exemptions at
Ronald Reagan Washington National Airport as of the date of
enactment of this subsection to use an existing within-
perimeter slot to serve an airport beyond the perimeter
described in section 49109 of title 49, United States Code.
______
SA 1980. Mr. LEE 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. ___. RESTRICTION ON USE OF FUNDS.
No funds made available under this Act may be used to
enforce any hiring quota, mandate, or target issued or
implemented by the People With Disabilities Program.
______
SA 1981. Mr. LEE 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. ___. INCREASE IN MANDATORY RETIREMENT AGE FOR PILOTS BY
THE ICAO.
The Administrator and the FAA's Senior Representative to
the International Civil Aviation Organization shall take all
appropriate steps to use the voice and vote of the United
States in the International Civil Aviation Organization to
urge the International Civil Aviation Organization to raise
the international standard retirement age for pilots from 65
to 67.
______
SA 1982. Mr. ROUNDS (for himself and Ms. Smith) 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. ___. PRESERVATION OF AFFORDABLE HOUSING RESOURCES.
(a) Facilitating Prepayment of Indebtedness for Certain
Properties.--In fiscal year 2024, the Secretary of Housing
and Urban Development (referred to in this section as the
``Secretary'') may waive or specify alternative requirements
for any provision of section 202 of the Housing Act of 1959
(12 U.S.C. 1701q) (as in effect before the date of enactment
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12701 et seq.)) and section 811 of the American
Homeownership and Economic Opportunity Act of 2010 (12 U.S.C.
1701q note; Public Law 106-569), except for requirements
relating to fair housing, nondiscrimination, labor standards,
and the environment, in order to facilitate prepayment of any
indebtedness relating to any remaining principal
[[Page S3355]]
and interest under a loan made under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) (as in effect before
the date of enactment of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12701 et seq.)) for a
property that consists of not more than 15 units, is located
in a municipality with a population of not more than 15,000
individuals, is within 5 years of maturity, is no longer
effectively serving a need in the community, is functionally
obsolescent, and for which the Secretary has determined that
the property prepayment is part of a transaction, including a
transaction involving transfer or replacement contracts
described in subsection (b), that will provide rental housing
assistance for the elderly or persons with disabilities on
terms of at least equal duration and at least as advantageous
to existing and future tenants as the terms required by
current loan agreements entered into under any provisions of
law.
(b) Transfer or Replacement of Contract.--
(1) In general.--Notwithstanding any contrary provision of
law, in order to preserve affordable housing resources, upon
a prepayment of a loan described in subsection (a), the
Secretary may transfer or replace the contract for assistance
at such prepaid property with a project-based subsidy
contract under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) to 1 or more multifamily housing
projects located in the same State as the prepaid property,
for the benefit of the elderly or persons with disabilities
who are eligible to receive housing assistance under such
section 8, to assist the same number of units at the
receiving multifamily housing project or projects.
(2) Use of project-based rental assistance amounts.--The
Secretary may fund a transferred or replaced contract
described in paragraph (1) from amounts available to the
Secretary under the heading ``Project-Based Rental
Assistance''.
______
SA 1983. Mr. HAWLEY (for himself and Ms. Warren) 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 automatically 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 earlier of--
``(A) the date on which the passenger chooses not to accept
the significantly delayed or changed flight, rebooking on an
alternative flight, or a voucher, credit, or other form of
compensation; or
``(B) the date on which the cancelled flight or
significantly delayed or changed flight departs; or
``(2) in the case of a ticket purchased with cash or
another form of payment, not later than 20 days after the
earlier of--
``(A) the date on which the passenger chooses not to accept
the significantly delayed or changed flight, rebooking on an
alternative flight, or a voucher, credit, or other form of
compensation; or
``(B) the date on which the cancelled flight or
significantly delayed or changed flight departs.
______
SA 1984. 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 end of subtitle A of title IX, add the following:
SEC. 937. EXPANDING USE OF INNOVATIVE TECHNOLOGIES IN THE
GULF OF MEXICO.
(a) In General.--The Administrator shall prioritize the
authorization of an eligible UAS test range sponsor
partnering with an eligible airport authority to achieve the
goals specified in subsection (b).
(b) Goals.--The goals of a partnership authorized pursuant
to subsection (a) shall be to test the operations of
innovative technologies in both commercial and non-commercial
applications to--
(1) identify challenges associated with aviation operations
over large bodies of water;
(2) provide transportation of cargo and passengers to
offshore energy infrastructure;
(3) assess the impacts of operations in saltwater
environments;
(4) identify the challenges of integrating such
technologies in complex airspace, including with commercial
rotorcraft; and
(5) identify the differences between coordinating with
Federal air traffic control towers and towers operated under
the FAA Contract Tower Program.
(c) Briefing to Congress.--The Administrator shall provide
an annual briefing to the appropriate committees of Congress
on the status of the partnership authorized under this
section, including detailing any barriers to the
commercialization of innovative technologies in the Gulf of
Mexico.
(d) Definitions.--In this section:
(1) Eligible airport authority.--The term ``eligible
airport authority'' means an AIP-eligible airport authority
that is--
(A) located in a state bordering the Gulf of Mexico which
does not already contain a UAS Test Range;
(B) has an air traffic control tower operated under the FAA
Contract Tower Program;
(C) is located within 60 miles of a port; and
(D) does not have any scheduled passenger airline service
as of the date of the enactment of this Act.
(2) Innovative technologies.--The term ``innovative
technologies'' means unmanned aircraft systems and powered-
lift aircraft.
(3) UAS.--The term ``UAS'' means an unmanned aircraft
system.
______
SA 1985. Mr. DURBIN (for himself and Ms. Duckworth) 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 in subtitle C of title V, insert
the following:
SEC. ___. STUDY ON IMPROVEMENTS FOR CERTAIN NONHUB AIRPORTS.
(a) In General.--The Secretary, in coordination with the
Administrator, shall conduct a study on methods to improve
existing Federal programs and resources, as well as explore
new Federal programs and resources, to help nonhub airports
that are not essential air service communities to secure and
retain--
(1) sufficient flight service; and
(2) flight schedules that reflect local demand and need.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with
the Administrator, shall submit to Congress a report on the
results of the study conducted under subsection (a), together
with recommendations for such legislative or administrative
action as the Secretary, in coordination with the
Administrator, determines appropriate.
______
SA 1986. Mr. SCHATZ (for himself and Ms. Murkowski) 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--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2024
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2024''.
SEC. 1402. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section
202, if the recipient is using 1 or more additional sources
of Federal funds to carry out the project, and the grant
amounts received under this Act constitute the largest single
source of Federal funds that the recipient reasonably expects
to commit to the project at the time of environmental review,
the Indian tribe of the recipient may assume, in addition to
all of the responsibilities for environmental review,
decision making, and
[[Page S3356]]
action under subsection (a), all of the additional
responsibilities for environmental review, decision making,
and action under provisions of law that would apply to each
Federal agency providing additional funding were the Federal
agency to carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review,
decision making, and action under paragraph (1) with respect
to a project shall be deemed to discharge the responsibility
of the applicable Federal agency for environmental review,
decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall
certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe
has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the
responsibilities under the provisions of law that would apply
to each Federal agency providing additional funding under
paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an
environmental review under this subsection shall assume sole
liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in
subparagraph (C), if the Secretary approves a certification
and release of funds to an Indian tribe for a project in
accordance with subsection (b), but the Secretary or the head
of another Federal agency providing funding for the project
subsequently learns that the Indian tribe failed to carry out
the responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the Secretary
or other head, as applicable, may impose appropriate remedies
and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives
the requirements under this section in accordance with
subsection (d) with respect to a project for which an Indian
tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency
providing additional funding for the project from imposing
remedies or sanctions for failure to comply with requirements
for environmental review, decision making, and action under
provisions of law that would apply to the Federal agency.''.
SEC. 1403. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4117) is amended,
in the first sentence, by striking ``2009 through 2013'' and
inserting ``2025 through 2031''.
SEC. 1404. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is
amended by inserting ``including college housing
assistance,'' after ``self-sufficiency and other services,''.
SEC. 1405. CLARIFICATION OF APPLICATION OF RENT RULE TO UNITS
OWNED OR OPERATED BY INDIAN TRIBE OR TRIBALLY
DESIGNATED HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is
amended by inserting ``owned or operated by a recipient and''
after ``residing in a dwelling unit''.
SEC. 1406. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is
amended by striking ``$5,000'' and inserting ``$7,000''.
SEC. 1407. TOTAL DEVELOPMENT COST MAXIMUM COST.
Section 203 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by
adding at the end the following:
``(h) Total Development Cost Maximum Cost.--Affordable
housing that is developed, acquired, or assisted under the
block grant program established under section 101 shall not
exceed by more than 20 percent, without prior approval of the
Secretary, the total development cost maximum cost for all
housing assisted under an affordable housing activity,
including development and model activities.''.
SEC. 1408. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to a
homebuyer or a lease-purchase unit, that the current rental
family can purchase through a contract of sale, lease-
purchase agreement, or any other sales agreement, is made
available for purchase only by the current rental family, if
the rental family was a low-income family at the time of
their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the
following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
SEC. 1409. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by
adding at the end the following:
``(c) Notice of Termination.--The notice period described
in subsection (a)(3) shall apply to projects and programs
funded in part by amounts authorized under this Act.''.
SEC. 1410. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end
the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director
of the Indian Health Service, or a recipient receiving
funding for a housing construction or renovation project
under this title, may use funding from the Indian Health
Service for the construction of sanitation facilities under
that project.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330; 110 Stat.
4016) is amended by inserting after the item relating to
section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 1411. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is
amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may
immediately take an action described in paragraph (1)(C)'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action
described in subparagraph (A), the Secretary shall provide
notice to the recipient at the time that the Secretary takes
that action.
``(ii) Notice requirements.--The notice under clause (i)
shall inform the recipient that the recipient may request a
hearing by not later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing requested under
clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24,
Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited
basis.
``(iv) Failure to conduct a hearing.--If a hearing
requested under clause (ii) is not completed by the date that
is 180 days after the date on which the recipient requests
the hearing, the action of the Secretary to limit the
availability of payments shall no longer be effective.''.
SEC. 1412. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in
subsection (a) shall be made publicly available, including to
recipients.''.
SEC. 1413. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 1414. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING
ACTIVITIES.
Section 802(e) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is
amended--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to
subrecipients, except for for-profit entities, using amounts
provided under this title to carry out affordable housing
activities upon a determination by the Director that such
subrecipients have adequate capacity to carry out activities
in accordance with this Act.''.
[[Page S3357]]
SEC. 1415. REAUTHORIZATION OF HOUSING ASSISTANCE FOR NATIVE
HAWAIIANS.
Section 824 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by
striking ``such sums as may be necessary'' and all that
follows through the period at the end and inserting ``such
sums as may be necessary for each of fiscal years 2025
through 2031.''.
SEC. 1416. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND
SPECIAL ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of
1974 (42 U.S.C. 5305) is amended by adding at the end the
following:
``(i) Indian Tribes, Tribally Designated Housing Entities,
and Tribal Organizations as Community-based Development
Organizations.--
``(1) Definitions.--In this subsection:
``(A) Tribal organization.--The term `tribal organization'
has the meaning the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(B) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning given
the term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian tribe
receiving a grant under paragraph (1) of section 106(a) shall
be authorized to directly carry out activities described in
paragraph (15) of such section 106(a).''.
SEC. 1417. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private
financing to Indian families, Indian housing authorities, and
Indian tribes, who otherwise could not acquire housing
financing because of the unique legal status of Indian lands
and the unique nature of tribal economies, and to expand
homeownership opportunities to Indian families, tribally
designated housing entities, Indian housing authorities, and
Indian tribes on fee simple lands, the Secretary may
guarantee not to exceed 100 percent of the unpaid principal
and interest due on any loan eligible under subsection (b)
made to an Indian family, tribally designated housing entity,
Indian housing authority, or Indian tribe on trust land and
fee simple land.'';
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively, and adjusting the
margins accordingly;
(ii) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so designated, by adding at
the end the following:
``(v) Any other lender that is supervised, approved,
regulated, or insured by any agency of the Federal
Government, including any entity certified as a community
development financial institution by the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(iv) by adding at the end the following:
``(B) Direct guarantee endorsement process and
indemnification.--
``(i) Authorization.--The Secretary may, dependent on the
available systems development and staffing resources,
delegate to eligible lenders the authority to directly
endorse loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a loan
guaranteed under this section was not originated in
accordance with the requirements established by the
Secretary, the Secretary may require the lender approved
under this subparagraph to indemnify the Secretary for the
loss or potential loss, irrespective of whether the violation
caused or will cause the loan default.
``(II) Fraud or misrepresentation.--If fraud or
misrepresentation is involved in a loan guaranteed under this
section, the Secretary may require the original lender
approved under this subparagraph to indemnify the Secretary
for the loss regardless of whether there was a payment made
by the Secretary under the guarantee.
``(III) Implementation.--The Secretary may implement any
requirement described in this subparagraph by regulation,
notice or Dear Lender Letter.
``(C) Review of lenders.--
``(i) In general.--The Secretary may periodically review
the lenders originating, underwriting, or servicing single
family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the lender with other lenders
originating or underwriting loan guarantees for Indian
housing based on the rates of defaults and claims for
guaranteed loans originated, underwritten, or serviced by
that lender;
``(II) may compare the lender with such other lenders based
on underwriting quality, geographic area served, or any
commonly used factors the Secretary determines necessary for
comparing mortgage default risk, provided that the comparison
is of factors that the Secretary would expect to affect the
default risk of mortgage loans guaranteed by the Secretary;
``(III) shall implement the comparisons described in
subclauses (I) and (II) by regulation, notice, or Dear Lender
Letter; and
``(IV) may terminate the approval of a lender to originate,
underwrite, or service loan guarantees for housing under this
section if the Secretary determines that the mortgage loans
originated, underwritten, or serviced by the lender present
an unacceptable risk to the Indian Housing Loan Guarantee
Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set
forth in this subparagraph; or
``(bb) by a determination that the lender engaged in fraud
or misrepresentation.''; and
(C) in paragraph (5)(A), by inserting before the semicolon
at the end the following: ``except, as determined by the
Secretary, when there is a loan modification under subsection
(h)(1)(B), the term of the loan shall not exceed 40 years'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Before'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
before''; and
(ii) by adding at the end the following:
``(B) Exception.--Subparagraph (A) shall not apply when the
Secretary exercises its discretion to delegate direct
guarantee endorsement authority to eligible lenders under
subsection (b)(4)(B)(i).'';
(B) in paragraph (2)--
(i) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the Secretary''; and
(ii) by adding at the end the following:
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement authority
to eligible lenders under subsection (b)(4)(B)(i)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement lender may issue a
certificate under this paragraph as evidence of the guarantee
in accordance with requirements established by the
Secretary.''; and
(C) in paragraph (3), by inserting ``, or where applicable,
the direct guarantee endorsement lender,'' after
``Secretary'' in each place that term appears; and
(4) in subsection (l)--
(A) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
``(8) The term `tribally designated housing entity' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5)
of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2025 through 2031.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2025 through 2031''.
SEC. 1418. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act
of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who
are eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in
the State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as clause (v); and
(II) by adding after clause (iii) the following:
``(iv) Any other lender that is supervised, approved,
regulated, or insured by any agency of the Federal
Government, including any entity certified as a community
development financial institution by the Community
Development Financial Institutions Fund established under
section 104(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(ii) by adding at the end the following:
``(C) Direct guarantee endorsement and indemnification.--
``(i) In general.--If the Secretary determines that a loan
guaranteed under this section was not originated in
accordance with
[[Page S3358]]
the requirements established by the Secretary, the Secretary
may require the lender approved under this paragraph to
indemnify the Secretary for the loss or potential loss,
irrespective of whether the violation caused or will cause
the loan default.
``(ii) Direct guarantee endorsement.--The Secretary may,
dependent on the availability of systems development and
staffing resources, delegate to eligible lenders the
authority to directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in the direct guarantee
endorsement process by a lender under this section, the
Secretary shall require the approved direct guarantee
endorsement lender to indemnify the Secretary for any loss or
potential loss, regardless of whether the fraud or
misrepresentation caused or may cause the loan default.
``(iv) Implementation.--The Secretary may implement any
requirements described in this subparagraph by regulation,
notice, or Dear Lender Letter.
``(v) Review of lenders.--
``(I) In general.--The Secretary may periodically review
the lenders originating, underwriting, or servicing single
family mortgage loans under this section.
``(II) Requirements.--In conducting a review under
paragraph (1), the Secretary--
``(aa) shall compare the lender with other lenders
originating or underwriting loan guarantees for Indian
housing and Native Hawaiian housing based on the rates of
defaults and claims for guaranteed loans originated,
underwritten, or serviced by that lender; and
``(bb) may compare the lender with such other lenders based
on underwriting quality, geographic area served, or any
commonly used factors the Secretary determines necessary for
comparing mortgage default risk, provided that the comparison
is of factors that the Secretary would expect to affect the
default risk of mortgage loans guaranteed by the
Secretary.'';
(C) in paragraph (5)(A), by inserting before the semicolon
at the end the following: ``except, as determined by the
Secretary, when there is a loan modification under subsection
(i)(1)(B), the term of the loan shall not exceed 40 years'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``Before'' and
inserting ``Except as provided in subsection (C), before'';
(ii) in subparagraph (B), by striking ``If'' and inserting
``Except as provided under subparagraph (C), before''; and
(iii) by adding at the end the following:
``(C) Exception.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement authority
pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and
(B) of this paragraph shall not apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--Except as provided in subparagraph (B),
the Secretary may approve a loan for guarantee under this
section and issue a certificate under this subsection only if
the Secretary determines that there is a reasonable prospect
of repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement authority
pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement lender may issue a
certificate under this paragraph as evidence of the guarantee
in accordance with requirements prescribed by the
Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where
applicable, the direct guarantee endorsement lender,'' after
``Secretary'' and
(4) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary
for each of fiscal years 2025 through 2031.''.
SEC. 1419. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or
use a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that
Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may, in consultation with
the Bureau of Indian Affairs and relevant Tribal law
enforcement agencies, make grants under this section to
recipients of assistance under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.) for use in eliminating drug-related and violent
crime.
(c) Eligible Activities.--Grants under this section may be
used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional
security and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and
around the real property comprising housing assisted under
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any
administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant
patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and
drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate
drugs and drug-related problems in and around those
communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or
violent crime in and around of the housing administered or
owned by the applicant for which the application is being
submitted; and
(B) such additional information as the Secretary may
reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime problem
in and around the housing or projects proposed for
assistance;
(B) the quality of the plan to address the crime problem in
the housing or projects proposed for assistance, including
the extent to which the plan includes initiatives that can be
sustained over a period of several years;
(C) the capability of the applicant to carry out the plan;
and
(D) the extent to which tenants, the Tribal government, and
the Tribal community support and participate in the design
and implementation of the activities proposed to be funded
under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating
the extent of the drug-related crime problem pursuant to
subsection (d)(2), the Secretary may consider whether housing
or projects proposed for assistance are located in a high
intensity drug trafficking area designated pursuant to
section 707(b) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include
the obligation and expenditure of grant funds, the progress
made by the grantee in implementing the plan described in
subsection (d)(1)(A), and any change in the incidence of
drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that amounts
made available under section are not used to fund baseline
local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish
on the website of the Department a notice of all grant awards
made pursuant to section, which shall identify the grantees
and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that
assistance provided under this subsection is administered in
accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may
not be used to reimburse or support any local law enforcement
agency or unit of general local government for the provision
of services that are included in the baseline of services
required to be provided by any such entity pursuant to a
local cooperative agreement pursuant under the Indian
[[Page S3359]]
Self-Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) or any provision of an annual contributions
contract for payments in lieu of taxation with the Bureau of
Indian Affairs.
(B) Description.--Each grantee under this section shall
describe, in the report under subsection (f)(1), such
baseline of services for the unit of Tribal government in
which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent public audit
requirements, certification by Tribal or Federal law
enforcement or Tribal government officials regarding the
performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to
achieve compliance, and verification of compliance, with the
provisions of this section; and
(C) adopting enforcement authority that is substantially
similar to the authority provided to the Secretary under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each
fiscal years 2025 through 2031 to carry out this section.
SEC. 1420. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN
VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D) Indian veterans housing rental assistance program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian veteran who is--
``(aa) homeless or at risk of homelessness; and
``(bb) living--
``(AA) on or near a reservation; or
``(BB) in or near any other Indian area.
``(II) Eligible recipient.--The term `eligible recipient'
means a recipient eligible to receive a grant under section
101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111).
``(III) Indian; indian area.--The terms `Indian' and
`Indian area' have the meanings given those terms in section
4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(IV) Indian veteran.--The term `Indian veteran' means an
Indian who is a veteran.
``(V) Program.--The term `Program' means the Tribal HUD-
VASH program carried out under clause (ii).
``(VI) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The Secretary may use up to
5 percent of the amounts made available for rental assistance
under this paragraph to carry out a rental assistance and
supported housing program, to be known as the `Tribal HUD-
VASH program', in conjunction with the Secretary of Veterans
Affairs, by awarding grants for the benefit of eligible
Indian veterans.
``(iii) Model.--
``(I) In general.--Except as provided in subclause (II),
the Secretary shall model the Program on the rental
assistance and supported housing program authorized under
subparagraph (A) and applicable appropriations Acts,
including administration in conjunction with the Secretary of
Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing and urban development.--After
consultation with Indian tribes, eligible recipients, and any
other appropriate tribal organizations, the Secretary may
make necessary and appropriate modifications to facilitate
the use of the Program by eligible recipients to serve
eligible Indian veterans.
``(bb) Secretary of veterans affairs.--After consultation
with Indian tribes, eligible recipients, and any other
appropriate tribal organizations, the Secretary of Veterans
Affairs may make necessary and appropriate modifications to
facilitate the use of the Program by eligible recipients to
serve eligible Indian veterans.
``(iv) Eligible recipients.--The Secretary shall make
amounts for rental assistance and associated administrative
costs under the Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary shall award grants
under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria established by the
Secretary in a notice published in the Federal Register after
consulting with the Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded under the Program
shall be administered in accordance with the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.), except that recipients shall--
``(I) submit to the Secretary, in a manner prescribed by
the Secretary, reports on the utilization of rental
assistance provided under the Program; and
``(II) provide to the Secretary information specified by
the Secretary to assess the effectiveness of the Program in
serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal organizations.--The
Secretary, in coordination with the Secretary of Veterans
Affairs, shall consult with eligible recipients and any other
appropriate tribal organization on the design of the Program
to ensure the effective delivery of rental assistance and
supportive services to eligible Indian veterans under the
Program.
``(II) Indian health service.--The Director of the Indian
Health Service shall provide any assistance requested by the
Secretary or the Secretary of Veterans Affairs in carrying
out the Program.
``(viii) Waiver.--
``(I) In general.--Except as provided in subclause (II),
the Secretary may waive or specify alternative requirements
for any provision of law (including regulations) that the
Secretary administers in connection with the use of rental
assistance made available under the Program if the Secretary
finds that the waiver or alternative requirement is necessary
for the effective delivery and administration of rental
assistance under the Program to eligible Indian veterans.
``(II) Exception.--The Secretary may not waive or specify
alternative requirements under subclause (I) for any
provision of law (including regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made available for tenant-
based rental assistance under this subsection and without
regard to the amounts used for new grants under clause (ii),
such amounts as may be necessary to award renewal grants to
eligible recipients that received a grant under the Program
in a previous year; and
``(II) specify criteria that an eligible recipient must
satisfy to receive a renewal grant under subclause (I),
including providing data on how the eligible recipient used
the amounts of any grant previously received under the
Program.
``(x) Reporting.--Not later than 1 year after the date of
enactment of this subparagraph, and every 5 years thereafter,
the Secretary, in coordination with the Secretary of Veterans
Affairs and the Director of the Indian Health Service,
shall--
``(I) conduct a review of the implementation of the
Program, including any factors that may have limited its
success; and
``(II) submit a report describing the results of the review
under subclause (II) to--
``(aa) the Committee on Indian Affairs, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Veterans' Affairs, and the Committee on Appropriations of the
Senate; and
``(bb) the Subcommittee for Indian and Insular Affairs of
the Committee on Natural Resources, the Committee on
Financial Services, the Committee on Veterans' Affairs, and
the Committee on Appropriations of the House of
Representatives.
``(xi) Impact on formula current assisted stock.--For a
given fiscal year's allocation formula of the Native American
Housing Block Grants program, as authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4111 et seq.), the number of
qualifying low-income housing dwelling units under section
302(b)(1) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4152(b)(1)) shall not be
reduced due to the placement of an eligible Indian veteran
assisted with amounts provided under the Program within such
qualifying units.''.
SEC. 1421. CONTINUUM OF CARE.
Title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360 et seq.) is amended--
(1) in section 401 (42 U.S.C. 11360)--
(A) by redesignating paragraphs (32) through (35) as
paragraphs (33) through (36) respectively; and
(B) by inserting after paragraph (31) the following:
``(32) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning given
the term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).'';
(2) in section 423(g) (42 U.S.C. 11383(g)), by inserting
``Indian tribe, tribally designated housing entity,'' after
``private nonprofit organization,''; and
(3) in section 435 (42 U.S.C. 11389)--
(A) by striking ``Notwithstanding'' and inserting ``(a)
Eligible Entities.--Notwithstanding'';
(B) in subsection (a), as so designated, by striking ``(as
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103))''; and
(C) by adding at the end the following:
``(b) Civil Rights Exemptions.--With respect to grants
awarded to carry out eligible activities under this subtitle,
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.) shall not apply to applications or
awards for projects to be carried out--
[[Page S3360]]
``(1) on or off reservation or trust lands for awards made
to Indian Tribes or tribally designated housing entities; or
``(2) on reservation or trust lands for awards made to
eligible entities.
``(c) Certification.--Notwithstanding section 106 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12706) and section 403 of this Act, with respect to
applications for projects to be carried out on reservations
or trust land using grants awarded under this subtitle--
``(1) the applications shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance
and Self-Determination Act (25 U.S.C. 4112); and
``(2) Indian tribes and tribally designated housing
entities that are recipients of awards for projects on
reservations or trust land from such funds shall certify that
they are following an approved housing plan developed under
section 102 of the Native American Housing Assistance and
Self-Determination Act (25 U.S.C. 4112).
``(d) Consolidated Plan Exemption.--A collaborative
applicant for a Continuum of Care whose geographic area
includes only reservation or trust land is not required to
meet the requirement described in section 402(f)(2).''.
______
SA 1987. Mr. MARKEY (for himself, Ms. Warren, 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:
SEC. ___. COMPENSATION FOR OTHER RELATED EXPENSES FOR
CANCELLED AND SIGNIFICANTLY CHANGED FLIGHTS.
Section 42305 of title 49, United States Code, as added by
section 503(a), is amended by striking subsections (a) and
(b), and inserting 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 earlier of--
``(A) the date on which the passenger chooses not to accept
the significantly delayed or changed flight, rebooking on an
alternative flight, or a voucher, credit, or other form of
compensation; or
``(B) the date on which the cancelled flight or
significantly delayed or changed flight departs; or
``(2) in the case of a ticket purchased with cash or
another form of payment, not later than 20 days after the
earlier of--
``(A) the date on which the passenger chooses not to accept
the significantly delayed or changed flight, rebooking on an
alternative flight, or a voucher, credit, or other form of
compensation; or
``(B) the date on which the cancelled flight or
significantly delayed or changed flight departs.''.
______
SA 1988. Mr. WELCH (for himself and Mr. Vance) 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. ____. APPROPRIATION FOR AFFORDABLE CONNECTIVITY PROGRAM.
Section 904(i)(2) of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752(i)(2)) is amended--
(1) by striking ``There is'' and inserting the following:
``(A) Fiscal year 2021.--There is''; and
(2) by adding at the end the following:
``(B) Fiscal year 2024.--There is appropriated to the
Affordable Connectivity Fund, out of any money in the
Treasury not otherwise appropriated, $7,000,000,000 for
fiscal year 2024, to remain available until expended.''.
______
SA 1989. Ms. ERNST 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 FUNDS FOR CERTAIN RESIDENTS
OF GAZA STRIP.
(a) Admission or Parole.--No funds authorized to be
appropriated or otherwise made available by this Act may be
used to facilitate the admission or parole into the United
States of any alien who is known to have been a resident of
the Gaza Strip during the 10-year period ending on the date
of the enactment of this Act.
(b) Migrant Housing.--An alien known to have been a
resident of the Gaza Strip during the 10-year period ending
on the date of the enactment of this Act who has been a
recipient of housing provided using Federal Aviation
Administration funds shall be ineligible to receive any
Federal funds authorized to be appropriated or otherwise made
available under this Act.
______
SA 1990. 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 end of subtitle A of title VII, add the following:
SEC. 772. UNIVERSAL CHANGING STATION.
(a) Grant Assurances.--Section 47107 of title 49, United
States Code, as amended by section 743(b)(2), is further
amended by adding at the end the following:
``(y) Universal Changing Station.--
``(1) In general.--In fiscal year 2030 and each fiscal year
thereafter, the Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written
assurances that the airport owner or operator will install or
maintain (in compliance with the requirements of section
35.133 of title 28, Code of Federal Regulations), as
applicable--
``(A) at least 1 private, single-use room with a universal
changing station that--
``(i) meets the standards established under paragraph
(2)(A); and
``(ii) is accessible to all individuals for purposes of use
by an individual with a disability in each passenger terminal
building of the airport; and
``(B) signage at or near the entrance to the changing
station indicating the location of the changing station.
``(2) Standards required.--Not later than 2 years after the
date of enactment of this subsection, the United States
Access Board shall--
``(A) establish--
``(i) comprehensive accessible design standards for
universal changing tables; and
``(ii) standards on the privacy, accessibility, and
sanitation equipment of the room in which such table is
located, required to be installed, or maintained under this
subsection; and
``(B) in establishing the standards under subparagraph (A),
consult with entities with appropriate expertise relating to
the use of universal changing stations used by individuals
with disabilities.
``(3) Applicability.--
``(A) Airport size.--The requirement in paragraph (1) shall
only apply to applications submitted by the airport sponsor
of a medium or large hub airport.
``(B) Special rule.--The requirement in paragraph (1) shall
not apply with respect to a project grant application for a
period of time, determined by the Secretary, if the Secretary
determines that construction or maintenance activities make
it impracticable or unsafe for the universal changing station
to be located in the sterile area of the building.
``(4) Exception.--Upon application by an airport sponsor,
the Secretary may determine that a universal changing station
in existence before the date of enactment of the FAA
Reauthorization Act of 2024, complies with the requirements
of paragraph (1) (including the standards established under
paragraph (2)(A)), notwithstanding the absence of 1 or more
of the standards or characteristics required under such
paragraph.
``(5) Definition.--In this section:
``(A) Disability.--The term `disability' has the meaning
given that term in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(B) Sterile area.--The term `sterile area' has the same
meaning given that term in section 1540.5 of title 49, Code
of Federal Regulations.
``(C) Universal changing station.--The term `universal
changing station' means a
[[Page S3361]]
universal or adult changing station that meets the standards
established by the United States Access Board under paragraph
(2)(A).
``(D) United states access board.--The term `United States
Access Board' means the Architectural and Transportation
Barriers Compliance Board established under section 502(a)(1)
of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)).''.
(b) Terminal Development Costs.--Section 47119(a) of title
49, United States Code, is amended by adding at the end the
following:
``(4) Universal changing stations.--In addition to the
projects described in paragraph (1), the Secretary may
approve a project for terminal development for the
construction or installation of a universal changing station
(as defined in section 47107(y)) at a commercial service
airport.''.
______
SA 1991. Ms. CORTEZ MASTO (for herself and Mrs. Blackburn) 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 __--SUSPENSION OF DUTIES ON IMPORTS OF TITANIUM SPONGE
SEC. __01. SHORT TITLE.
This title may be cited as the ``Securing America's
Titanium Manufacturing Act of 2024''.
SEC. __02. TEMPORARY SUSPENSION OF DUTIES ON IMPORTS OF
TITANIUM SPONGE.
(a) In General.--During the period described in subsection
(b), and except as provided by subsection (c), imports of
titanium sponge classified under subheading 8108.20.00 of the
Harmonized Tariff Schedule of the United States shall enter
the United States free of duty.
(b) Period Described.--The period described in this
subsection is the period--
(1) beginning on the date that is 30 days after the date of
the enactment of this Act; and
(2) ending on the earlier of--
(A) December 31, 2031; or
(B) the date on which the President terminates, under
section __03(a)(3), the duty-free treatment of titanium
sponge under subsection (a).
(c) Exception.--The rate of duty provided for in column 2
of subheading 8108.20.00 of the Harmonized Tariff Schedule of
the United States on the day before the date of the enactment
of this Act shall continue to apply with respect to imports
of titanium sponge from Belarus, Cuba, North Korea, and the
Russian Federation during the period described in subsection
(b).
SEC. __03. AUTHORITY TO TERMINATE DUTY-FREE TREATMENT BASED
ON MONITORING OF TITANIUM SPONGE MARKET AND
NATIONAL SECURITY CONDITIONS.
(a) Authority to Terminate Suspension of Duties.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, and annually thereafter until the
end of the period described in section __02(b), the President
shall determine whether the production of titanium sponge in
the United States is sufficient to meet the national security
needs of the United States.
(2) Consultation period.--Before making a determination
required by paragraph (1), the President shall provide for a
period of 60 days during which stakeholders may submit
comments relating to the determination.
(3) Effect of positive determination.--If the President
determines under paragraph (1) that the production of
titanium sponge in the United States is sufficient to meet
the national security needs of the United States, the
President shall terminate the duty-free treatment of titanium
sponge under section __02, effective on the date that is one
year after the date of the determination.
(b) Authority to Modify Increase Duties.--
(1) In general.--The President may, notwithstanding section
__02(a) and upon consideration of the factors described in
paragraph (2) and subject to paragraph (3), proclaim
increases in the rate of duty applicable to titanium sponge
classified under subheading 8108.20.00 of the Harmonized
Tariff Schedule of the United States.
(2) Consideration of certain market and security
conditions.--In determining whether to proclaim increases in
the rate of duty applicable to titanium sponge under
paragraph (1), the President shall consider the following:
(A) Increases in imports of titanium sponge from countries
specified in section 4872(d)(2) of title 10, United States
Code.
(B) Increases or decreases in domestic production of
titanium sponge.
(C) Increases or decreases in domestic production of
titanium products downstream from titanium sponge.
(D) Trends in employment in titanium sponge and titanium
product industries.
(E) The impact of titanium sponge market conditions on
national security.
(3) Maximum rate of duty.--The President may not increase
the rate of duty applicable to titanium sponge under
paragraph (1) to a rate that exceeds the bound rate set
pursuant to the commitments of the United States as a member
of the World Trade Organization.
______
SA 1992. Ms. CORTEZ MASTO (for herself and Mr. Moran) 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. ___. JIMMY DEAL TRAFFICKING SURVIVORS ASSISTANCE ACT OF
2024.
(a) Short Title.--This section may be cited as the ``Jimmy
Deal Trafficking Survivors Assistance Act of 2024''.
(b) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Airport.--The term ``airport'' has the meaning given
the term ``air carrier airport'' in section 47102 of title
49, United States Code.
(4) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(5) Responsible party.--The term ``responsible party''
means an individual who is eligible under the policies of the
relevant airline to pick up a minor at the destination
airport.
(6) Service provider.--The term ``service provider'' means
a non-profit organization that provides services to
individuals who are victims of human trafficking, including--
(A) emergency services, such as shelter, food, clothing,
and transportation;
(B) case management or wrap-around services;
(C) mental health care or other medical services; and
(D) legal services.
(7) TSPoC.--The term ``TSPoC'' means a Trafficking Survivor
Point of Contact designated under subsection (c).
(c) Establishment of Process to Assist Trafficking
Survivors With Air Travel.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration shall at each airport
where the Administration conducts screening of passengers and
property in accordance with section 44901 of title 49, United
States Code--
(A) establish the position of Trafficking Survivor Point of
Contact; and
(B) designate as TSPoC an individual who--
(i) is an employee of the Administration; and
(ii) holds the position of passenger support specialist
within the Administration.
(2) Duties.--A TSPoC shall--
(A) liaise and establish relationships with service
providers; and
(B) upon a request made via TSA Cares or direct contact by
a service provider that is eligible to receive assistance
under subsection (d), provide air travel assistance as
described in subsection (d).
(3) Training.--
(A) In general.--Not later than 30 days after the
designation of a TSPoC under paragraph (1), such TSPoC shall
review training materials on human trafficking, trauma-
informed approaches to working with survivors of sexual
assault or violence, and post traumatic stress disorder made
available by the Department of Homeland Security, including
any such training materials made available on a website of
the Department.
(B) Prior training.--The review of training materials
required by subparagraph (A) shall be in addition to any
prior training provided by the Administration.
(4) Online information.--Not later than 30 days after the
designation of a TSPoC under paragraph (1), the airport at
which such TSPoC is stationed shall publish on a publicly
available website of the airport--
(A) the contact information of the TSPoC;
(B) information on the services provided by the TPSoC; and
(C) the processes for engaging such services, including
information about TSA Cares.
(d) Air Travel Assistance for Survivors of Human
Trafficking.--
(1) Identification assistance.--At the request of any
service provider that is eligible to receive assistance under
this section and is arranging air travel for an individual
who is a survivor of human trafficking who does not have the
identification documents necessary for air travel, a TPSoC
shall--
(A) provide to such service provider information regarding
the process by which the Administration will attempt to
verify the identity of such individual when the individual
arrives at the screening checkpoint;
[[Page S3362]]
(B) assist the service provider or the individual with the
submission of a formal request for travel assistance via TSA
Cares; and
(C) act as a liaison between the National Vetting Center,
other personnel of the Administration involved in the vetting
process, and the individual to ensure that the individual--
(i) understands the vetting process; and
(ii) is treated in a trauma-informed manner.
(2) Eligible non-profit service providers.--A service
provider shall be eligible to receive assistance under this
section, if such service provider has provided to the TSPoC--
(A) not fewer than 30 days prior to submitting a request
for assistance under this section, information with respect
to such service provider, including--
(i) the name of the service provider;
(ii) the physical address of the main office or principal
place of business of the service provider;
(iii) the telephone number of the service provider;
(iv) the website, if available, of the service provider;
and
(v) the employer identification number of the service
provider; and
(B) confirmation that the service provider--
(i) is actively assisting an individual who the service
provider, in the professional judgment of the service
provider, has reasonably determined to be a survivor of human
trafficking;
(ii) has assessed the travel needs of the individual;
(iii) has or will purchase an airline ticket for the
individual, if necessary;
(iv) has arranged for a family member of the individual, a
representative of a service provider, or another individual
to meet the individual at the destination airport;
(v) with respect to any minor receiving assistance from
such service provider, is aware of and will comply with all
relevant airline policies regarding travel for unaccompanied
minors, including by--
(I) paying any fees required by such airline; and
(II) ensuring that a responsible party greets the minor at
the arrival gate of the destination airport; and
(vi) will assist the individual in providing to the
National Vetting Service any available information or
documentation necessary to verify the identify of the
individual.
(3) Travel procedures.--
(A) Arrangements prior to departure.--If the Administrator
permits an individual who is a survivor of human trafficking
to travel by air--
(i) the TSPoC shall contact the TSPoC at the destination of
the individual to arrange for such individual to be greeted
by the TSPoC, or a designee, at the destination airport; and
(ii) on the date of the departing flight of the individual,
the TSPoC, or a designee, shall accompany the individual--
(I) through all security screenings at the airport; and
(II) at the request of the individual, to the departure
gate of the flight.
(B) Arrival at destination airport.--Upon the arrival at
the destination airport of an individual whose travel was
arranged under subparagraph (A), the TSPoC, or a designee, at
such airport shall meet the individual at the arrival gate
and accompany the individual to a representative from a
service provider in the receiving community, a family member
of the individual, or such other individual designated by the
applicable service provider.
______
SA 1993. Ms. CORTEZ MASTO 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. ____. CLEANER COMMUTES AROUND AIRPORTS.
(a) Joint Office of Energy and Transportation.--The Joint
Office of Energy and Transportation shall, in carrying out
the duties of the office, include consideration of increased
adoption of electric vehicles at and around airports and
consideration of ways to support travel and tourism sectors,
including by--
(1) emphasizing to States and other recipients of funding
under the National Electric Vehicle Formula Program described
in paragraph (2) of the matter under the heading ``highway
infrastructure program'' under the heading ``Federal Highway
Administration'' under the heading ``Department of
Transportation'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58;
135 Stat. 1421) (commonly known as the ``National Electric
Vehicle Infrastructure Formula Program'') to consider--
(A) electrification strategies for increased adoption of
electric vehicles and charging infrastructure at and around
airports; and
(B) supporting travel and tourism sectors, including rental
cars, taxis, rideshares, and other similar shuttle services
to expand the adoption of electric vehicles; and
(2) emphasizing the importance of driver education on where
and how to charge and electric vehicle when traveling within
the State or locality.
(b) Grants for Charging and Fueling Infrastructure.--
Section 151(f) of title 23, United States Code, is amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) Airport electrification set-aside.--Of the amounts
made available for each fiscal year to carry out this
subsection, the Secretary shall use an amount equal to 10
percent to provide grants under this subsection for projects
eligible under this subsection--
``(A) for charging infrastructure that helps increase
adoption and mobility of electric vehicles at and around
airports; or
``(B) that support travel and tourism sectors.''.
(c) Electric Vehicle Working Group.--Section 25006 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 151 note;
Public Law 117-58) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)(ii)--
(i) in the matter preceding subclause (I), by striking
``25'' and inserting ``26''; and
(ii) in subclause (II), by striking ``19'' and inserting
``20''; and
(B) in subparagraph (C)(i)(I)--
(i) in item (rr), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(tt) the travel and tourism sector, with priority given
to the airport and rental car sectors; and''; and
(2) in subsection (c)(1)(A)(ix), by inserting ``, including
the electrification of transportation associated with
airports and the ability of travelers to use electric
vehicles, including rental cars, taxis, rideshares, and other
similar shuttle services'' after ``travel''.
______
SA 1994. Ms. CORTEZ MASTO (for herself and Mr. Cornyn) 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 in title XI, insert the following:
SEC. 11__. AIRPORT HUMAN TRAFFICKING PREVENTION GRANTS.
(a) In General.--The Secretary shall establish within the
Office of the Secretary a grant program to provide grants to
airports described in subsection (b)(1) to address human
trafficking awareness, education, and prevention efforts,
including by--
(1) coordinating human trafficking prevention efforts
across multimodal transportation operations within a
community; and
(2) accomplishing the best practices and recommendations
provided by the Department of Transportation Advisory
Committee on Human Trafficking.
(b) Distribution.--
(1) In general.--The Secretary shall distribute amounts
made available for grants under this section to--
(A) the 75 airports in the United States with the highest
number of passenger enplanements annually, based on the most
recent data available; and
(B) as the Secretary determines to be appropriate, an
airport not described in subparagraph (A) that serves an area
with a high prevalence of human trafficking, on application
of the airport.
(2) Priority; considerations.--In distributing amounts made
available for grants under this section, the Secretary
shall--
(A) give priority in grant amounts to airports referred to
in paragraph (1) that serve regions with a higher prevalence
of human trafficking; and
(B) take into consideration the effect the amounts would
have on surrounding areas.
(3) Consultation.--In distributing amounts made available
for grants under this section, the Secretary shall consult
with the Department of Transportation Advisory Committee on
Human Trafficking in determining the amounts to be
distributed to each grant recipient to ensure the best use of
the funds.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Office of the Secretary to carry
out this section $10,000,000 for each of fiscal years 2025
through 2028.
______
SA 1995. Mrs. GILLIBRAND (for herself, Mr. Cruz, and Mr. Cornyn)
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,
[[Page S3363]]
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. __. DESIGNATION OF CERTAIN AIRPORTS AS PORTS OF ENTRY.
(a) In General.--The President shall--
(1) pursuant to the Act of August 1, 1914 (38 Stat. 623,
chapter 223; 19 U.S.C. 2), designate each airport described
in subsection (b) as a port of entry; and
(2) terminate the application of the user fee requirement
under section 236 of the Trade and Tariff Act of 1984 (19
U.S.C. 58b) with respect to the airport.
(b) Airports Described.--An airport described in this
subsection is an airport that--
(1) is a primary airport (as defined in section 47102 of
title 49, United States Code);
(2) is located not more than 30 miles from the northern or
southern international land border of the United States;
(3) is associated, through a formal, legal instrument,
including a valid contract or governmental ordinance, with a
land border crossing or a seaport not more than 30 miles from
the airport; and
(4) through such association, meets the numerical criteria
considered by U.S. Customs and Border Protection for
establishing a port of entry, as set forth in--
(A) Treasury Decision 82-37 (47 Fed. Reg. 10137; relating
to revision of customs criteria for establishing ports of
entry and stations), as revised by Treasury Decisions 86-14
(51 Fed. Reg. 4559) and 87-65 (52 Fed. Reg. 16328); or
(B) any successor guidance or regulation.
______
SA 1996. Mr. DAINES 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. __. INELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.
An alien who is holder of a passport issued by the
Palestinian Authority--
(1) is inadmissible to the United States;
(2) is ineligible to receive a visa or other documentation
to enter the United States; and
(3) is otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
______
SA 1997. Mr. ROMNEY 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, add the following:
DIVISION B--FISCAL STABILITY ACT OF 2024
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Fiscal Stability Act of
2024''.
SEC. 2002. DEFINITIONS.
In this division:
(1) Co-chair.--The term ``co-chair'' means an individual
appointed to serve as a co-chair of the Fiscal Commission
under section 2003(a)(2)(C).
(2) Direct spending.--The term ``direct spending'' has the
meaning given that term in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)).
(3) Discretionary appropriations.--The term ``discretionary
appropriations'' has the meaning given that term in section
250(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900(c)).
(4) Fiscal commission.--The term ``Fiscal Commission''
means the commission established under section 2003(a)(1).
(5) Implementing bill.--The term ``implementing bill''
means a bill consisting solely of the text of the
implementing bill that the Fiscal Commission approves and
submits under subparagraphs (A) and (D), respectively, of
section 2003(c)(2).
(6) Outside expert.--The term ``outside expert'' means an
individual who is not an elected official or an officer or
employee of the Federal Government or of any State.
SEC. 2003. ESTABLISHMENT OF FISCAL COMMISSION.
(a) Establishment of Fiscal Commission.--
(1) Establishment.--There is established in the legislative
branch a Fiscal Commission.
(2) Membership.--
(A) In general.--The Fiscal Commission shall be composed of
16 members appointed in accordance with subparagraph (B) and
with due consideration to chairs and ranking members of the
committees and subcommittees of subject matter jurisdiction,
if applicable.
(B) Appointment.--Not later than 14 days after the date of
enactment of this Act--
(i) the majority leader of the Senate shall appoint 3
individuals from among the Members of the Senate, and 1
outside expert, who shall serve as members of the Fiscal
Commission;
(ii) the minority leader of the Senate shall appoint 3
individuals from among the Members of the Senate, and 1
outside expert who shall serve as members of the Fiscal
Commission;
(iii) the Speaker of the House of Representatives shall
appoint 3 individuals from among the Members of the House of
Representatives, and 1 outside expert, who shall serve as
members of the Fiscal Commission; and
(iv) the minority leader of the House of Representatives
shall appoint 3 individuals from among the Members of the
House of Representatives, and 1 outside expert, who shall
serve as members of the Fiscal Commission.
(C) Co-chairs.--Not later than 14 days after the date of
enactment of this Act--
(i) the leadership of the Senate and House of
Representatives who caucus with the same political party as
the President shall appoint 1 individual from among the
members of the Fiscal Commission who shall serve as a co-
chair of the Fiscal Commission; and
(ii) the leadership of the Senate and House of
Representatives who caucus with the opposite political party
as the President, shall appoint 1 individual from among the
members of the Fiscal Commission who shall serve as a co-
chair of the Fiscal Commission.
(D) Period of appointment.--
(i) In general.--The members of the Fiscal Commission shall
be appointed for the life of the Fiscal Commission.
(ii) Vacancy.--
(I) In general.--Any vacancy in the Fiscal Commission shall
not affect the powers of the Fiscal Commission, but shall be
filled not later than 14 days after the date on which the
vacancy occurs, in the same manner as the original
appointment was made.
(II) Ineligible members.--If a member of the Fiscal
Commission who was appointed as a Member of the Senate or the
House Representatives ceases to be a Member of the Senate or
the House of Representatives, as applicable--
(aa) the member shall no longer be a member of the Fiscal
Commission; and
(bb) a vacancy in the Fiscal Commission exists.
(E) Member personnel issues.--
(i) Outside expert.--Any outside expert appointed as a
member of the Fiscal Commission--
(I) shall not be considered to be a Federal employee for
any purpose by reason of service on the Fiscal Commission;
(II) shall serve without compensation; and
(III) shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Fiscal
Commission.
(ii) Members of congress.--Each member of the Fiscal
Commission who is a Member of the Senate or the House of
Representatives shall serve without compensation in addition
to the compensation received for the services of the member
as a Member of the Senate or the House of Representatives.
(3) Administration.--
(A) In general.--To enable the Fiscal Commission to
exercise the powers, functions, and duties of the Fiscal
Commission, there are authorized to be disbursed by the
Senate the actual and necessary expenses of the Fiscal
Commission approved by the staff director of the Fiscal
Commission, subject to the rules and regulations of the
Senate.
(B) Quorum.--A majority of the members of the Fiscal
Commission who are Members of the Senate or the House of
Representatives, not fewer than 3 of whom were appointed to
the Fiscal Commission by a Member of the Senate or the House
of Representatives who caucuses with the same political party
as the President and not fewer than 3 of whom were appointed
to the Fiscal Commission by a Member of the Senate or the
House of Representatives who caucuses with the opposite
political party as the President, shall constitute a quorum.
(C) Voting.--
(i) In general.--Only members of the Fiscal Commission who
are Members of the Senate or the House of Representatives may
vote on any matter. An outside expert serving as a member of
the Fiscal Commission shall be a nonvoting member.
(ii) Proxy voting.--No proxy voting shall be allowed on
behalf of any member of the Fiscal Commission on any matter.
(iii) Congressional budget office estimates.--
(I) In general.--The Director of the Congressional Budget
Office shall, with respect to the implementing bill of the
Fiscal Commission described in subsection (c)(2)(A)(i)(II),
provide to the Fiscal Commission--
(aa) estimates of the implementing bill in accordance with
sections 308(a) and 201(f) of the Congressional Budget Act of
1974 (2 U.S.C. 639(a), 601(f)); and
(bb) information on the budgetary effect of the
implementing bill on the long-term fiscal outlook.
(II) Limitation.--The Fiscal Commission may not vote on any
version of the report,
[[Page S3364]]
recommendations, or implementing bill of the Fiscal
Commission under subsection (c)(2)(A) unless the estimates
and information described in subclause (I) of this clause are
made available for consideration by all members of the Fiscal
Commission not later than 48 hours before that vote, as
certified by the co-chairs of the Fiscal Commission.
(D) Meetings.--
(i) Initial meeting.--Not later than 45 days after the date
of enactment of this Act, the Fiscal Commission shall hold
the first meeting of the Fiscal Commission.
(ii) Agenda.--The co-chairs of the Fiscal Commission shall
provide an agenda to the members of the Fiscal Commission not
later than 48 hours before each meeting of the Fiscal
Commission.
(E) Hearings.--
(i) In general.--The Fiscal Commission may, for the purpose
of carrying out this section, hold such hearings, sit and act
at such times and places, require attendance of witnesses and
production of books, papers, and documents, take such
testimony, receive such evidence, and administer such oaths
as the Fiscal Commission considers advisable.
(ii) Hearing procedures and responsibilities of co-
chairs.--
(I) Announcement.--The co-chairs of the Fiscal Commission
shall make a public announcement of the date, place, time,
and subject matter of any hearing to be conducted under this
subparagraph not later than 7 days before the date of the
hearing, unless the co-chairs determine that there is good
cause to begin such hearing on an earlier date.
(II) Written statement.--A witness appearing before the
Fiscal Commission shall file a written statement of the
proposed testimony of the witness not later than 2 days
before the date of the appearance of the witness, unless the
co-chairs of the Fiscal Commission--
(aa) determine that there is good cause for the witness to
not file the written statement; and
(bb) waive the requirement that the witness file the
written statement.
(F) Technical assistance.--Upon written request of the co-
chairs of the Fiscal Commission, the head of a Federal agency
shall provide technical assistance to the Fiscal Commission
in order for the Fiscal Commission to carry out the duties of
the Fiscal Commission.
(b) Staff of Fiscal Commission.--
(1) In general.--In accordance with the guidelines, rules,
and requirements relating to employees of the Senate--
(A) the co-chairs of the Fiscal Commission may jointly
appoint and fix the compensation of a staff director for the
Fiscal Commission; and
(B) the staff director may appoint and fix the compensation
of additional staff of the Fiscal Commission.
(2) Detail of other congressional staff.--With the approval
of the Member of Congress employing an employee of a personal
office of a Member of Congress or a committee of the Senate
or the House of Representatives, such an employee may be
detailed to the Fiscal Commission on a reimbursable basis.
(3) Ethical standards.--
(A) Senate.--Members of the Fiscal Commission appointed by
Members of the Senate and the staff of the Fiscal Commission
shall adhere to the ethics rules of the Senate.
(B) House of representatives.--Members of the Fiscal
Commission appointed by Members of the House of
Representatives shall be governed by the ethics rules and
requirements of the House of Representatives.
(c) Duties.--
(1) Improve fiscal condition.--
(A) In general.--The Fiscal Commission shall identify
policies to--
(i) meaningfully improve the long-term fiscal condition of
the Federal Government;
(ii) achieve a sustainable ratio of the public debt of the
Federal Government to the gross domestic product of the
United States, which shall be not more than 100 percent, by
fiscal year 2039; and
(iii) improve the solvency of Federal programs for which a
Federal trust fund exists for a period of at least 75 years.
(B) Requirements.--In carrying out subparagraph (A), the
Fiscal Commission shall propose recommendations that
meaningfully improve the long-term fiscal condition of the
Federal Government, including--
(i) changes to address the current levels of discretionary
appropriations, direct spending, and revenues and the gap
between current revenues and expenditures of the Federal
Government; and
(ii) changes to address the growth of discretionary
appropriations, direct spending, and revenues and the gap
between the projected revenues and expenditures of the
Federal Government.
(C) Recommendations of committees.--Not later than 60 days
after the date of enactment of this Act, each committee of
the Senate and the House of Representatives may transmit to
the Fiscal Commission any recommendations of the committee
relating to changes in law to achieve the changes described
in subparagraph (B).
(2) Report, recommendations, and implementing bill.--
(A) Consideration and vote.--
(i) In general.--Not later than May 1, 2025, the Fiscal
Commission shall meet to consider, and vote on--
(I) a report that contains--
(aa) a detailed statement of the policies identified by,
and the findings, conclusions, and recommendations of, the
Fiscal Commission under paragraph (1);
(bb) the estimate of the Congressional Budget Office
required under subsection (a)(3)(C)(iii)(I); and
(cc) a statement of the economic and budgetary effects of
the implementing bill described in subclause (II); and
(II) an implementing bill to carry out the recommendations
of the Fiscal Commission described in subclause (I)(aa).
(ii) Approval of report and implementing bill.--A report
and implementing bill of the Fiscal Commission shall only be
approved under clause (i) upon an affirmative vote of a
majority of the members of the Fiscal Commission who are
Members of the Senate or the House of Representatives, not
fewer than 3 of whom were appointed to the Fiscal Commission
by a Member of the Senate or the House of Representatives who
caucuses with the same political party as the President and
not fewer than 3 of whom were appointed to the Fiscal
Commission by a Member of the Senate or the House of
Representatives who caucuses with the opposite political
party as the President.
(iii) Single report and implementing bill.--It shall not be
in order for the Fiscal Commission to consider or submit to
Congress more than 1 report described in clause (i)(I) or
more than 1 implementing bill described in clause (i)(II).
(B) Additional views.--
(i) In general.--A member of the Fiscal Commission who
gives notice of an intention to file supplemental, minority,
or additional views at the time of the final Fiscal
Commission vote on the approval of the report and
implementing bill of the Fiscal Commission under subparagraph
(A) shall be entitled to 3 days to file those views in
writing with the staff director of the Fiscal Commission.
(ii) Inclusion in report.--Views filed under clause (i)
shall be included in the report of the Fiscal Commission
under subparagraph (A) and printed in the same volume, or
part thereof, and such inclusion shall be noted on the cover
of the report, except that, in the absence of timely notice,
the report may be printed and transmitted immediately without
such views.
(C) Report and implementing bill to be made public.--Upon
the approval or disapproval of a report and implementing bill
under subparagraph (A) by the Fiscal Commission, the Fiscal
Commission shall promptly, and not more than 24 hours after
the approval or disapproval or, if timely notice is given
under subparagraph (B), not more than 24 hours after
additional views are filed under such subparagraph, make the
report, the implementing bill, and a record of the vote on
the report and implementing bill available to the public.
(D) Submission of report and implementing bill.--If a
report and implementing bill are approved by the Fiscal
Commission under subparagraph (A), not later than 3 days
after the date on which the report and implementing bill are
made available to the public under subparagraph (C), the
Fiscal Commission shall submit the report and implementing
bill to the President, the Vice President, the Speaker of the
House of Representatives, and the majority and minority
leaders of each House of Congress. The report shall be
referred to all committees of jurisdiction in the respective
Houses.
(d) Termination.--The Fiscal Commission shall terminate on
the earlier of--
(1) the date that is 30 days after the date the Fiscal
Commission submits the report and implementing bill under
subsection (c)(2)(D); or
(2) December 31, 2025.
SEC. 2004. EXPEDITED CONSIDERATION OF FISCAL COMMISSION
IMPLEMENTING BILLS.
(a) Qualifying Legislation.--
(1) In general.--Only an implementing bill shall be
entitled to expedited consideration under this section.
(2) Single bill.--Except as provided in subsections (d) and
(f), it shall not be in order in the Senate or the House of
Representatives to consider more than 1 implementing bill.
(b) Consideration in the House of Representatives.--
(1) Introduction.--If the Fiscal Commission approves and
submits an implementing bill under subparagraphs (A) and (D),
respectively, of section 2003(c)(2), the implementing bill
may be introduced in the House of Representatives (by
request)--
(A) by the majority leader of the House of Representatives,
or by a Member of the House of Representatives designated by
the majority leader of the House of Representatives, on the
third legislative day after the date the Fiscal Commission
approves and submits such implementing bill; or
(B) if the implementing bill is not introduced under
subparagraph (A), by any Member of the House of
Representatives on any legislative day beginning on the
legislative day after the legislative day described in
subparagraph (A).
(2) Referral and reporting.--Any committee of the House of
Representatives to which an implementing bill is referred
shall report the implementing bill to the House of
Representatives without amendment not later than 5
legislative days after the date on which the implementing
bill was so referred. If any committee of the House of
Representatives to which an implementing bill is referred
fails to report the implementing bill within that period,
that committee shall be automatically discharged from
consideration
[[Page S3365]]
of the implementing bill, and the implementing bill shall be
placed on the appropriate calendar.
(3) Proceeding to consideration.--After the last committee
authorized to consider an implementing bill reports it to the
House of Representatives or has been discharged from its
consideration, it shall be in order to move to proceed to
consider the implementing bill in the House of
Representatives. Such a motion shall not be in order after
the House of Representatives has disposed of a motion to
proceed with respect to the implementing bill. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion.
(4) Consideration.--The implementing bill shall be
considered as read. All points of order against the
implementing bill and against its consideration are waived.
An amendment to the implementing bill is not in order. The
previous question shall be considered as ordered on the
implementing bill to its passage without intervening motion
except 2 hours of debate equally divided and controlled by
the proponent and an opponent.
(5) Vote on passage.--The vote on passage of the
implementing bill shall occur pursuant to the constraints
under clause 8 of rule XX of the Rules of the House of
Representatives.
(c) Expedited Procedure in the Senate.--
(1) Introduction in the senate.--On the day on which an
implementing bill is submitted to the Senate under section
2003(c)(2)(D), the implementing bill shall be introduced, by
request, by the majority leader of the Senate for himself or
herself and the minority leader of the Senate, or by any
Member so designated by them. If the Senate is not in session
on the day on which such implementing bill is submitted, it
shall be introduced as provided on the first day thereafter
on which the Senate is in session. Such implementing bill
shall be placed on the Calendar of Business under General
Orders.
(2) Proceeding.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order at any time, not later
than 2 days of session after the date on which an
implementing bill is placed on the Calendar, for the majority
leader of the Senate or the designee of the majority leader
to move to proceed to the consideration of the implementing
bill. It shall also be in order for any Member of the Senate
to move to proceed to the consideration of the implementing
bill at any time after the conclusion of such 2-day period. A
motion to proceed is in order even though a previous motion
to the same effect has been disagreed to. All points of order
against the motion to proceed to the implementing bill are
waived. The motion to proceed is not debatable. The motion is
not subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the
consideration of the implementing bill is agreed to, it shall
remain the unfinished business until disposed of. All points
of order against the implementing bill and against its
consideration are waived.
(3) No amendments.--An amendment to the implementing bill,
a motion to postpone, a motion to proceed to the
consideration of other business, or a motion to commit the
implementing bill is not in order.
(4) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to an implementing bill shall be decided without
debate.
(d) Consideration by the Other House.--
(1) In general.--If, before passing an implementing bill,
one House receives from the other House an implementing bill
consisting solely of the text of the implementing bill
approved by the Fiscal Commission--
(A) the implementing bill of the other House shall not be
referred to a committee; and
(B) the procedure in the receiving House shall be the same
as if no implementing bill had been received from the other
House until the vote on passage, when the implementing bill
received from the other House shall supplant the implementing
bill of the receiving House.
(2) Revenue measures.--This subsection shall not apply to
the House of Representatives if an implementing bill received
from the Senate is a revenue measure.
(3) No implementing bill in the senate.--If an implementing
bill is not introduced in the Senate or the Senate fails to
consider an implementing bill under this section, the
implementing bill of the House of Representatives shall be
entitled to expedited floor procedures under this section.
(4) No implementing bill in the house.--If an implementing
bill is not introduced in the House of Representatives or the
House of Representatives fails to consider an implementing
bill under this section, the implementing bill of the Senate
shall be entitled to expedited floor procedures under this
section.
(5) Treatment of companion measure in the senate.--If,
following passage of an implementing bill in the Senate, the
Senate then receives from the House of Representatives an
implementing bill consisting of the same text as the Senate-
passed implementing bill, the House-passed implementing bill
shall not be debatable. The implementing bill shall be
considered read a third time and the vote on passage of the
implementing bill in the Senate shall be considered to be the
vote on passage of the implementing bill received from the
House of Representatives.
(e) Vetoes.--If the President vetoes an implementing bill,
consideration of a veto message in the Senate shall be 10
hours equally divided between the majority and minority
leaders of the Senate or the designees of the majority and
minority leaders of the Senate.
(f) Constructive Resubmission.--
(1) In general.--In addition to the expedited procedures
otherwise provided under this section, in the case of any
implementing bill submitted under section 2003(c)(2)(D)
during the period beginning on the date occurring--
(A) in the case of the Senate, 30 session days; or
(B) in the case of the House of Representatives, 30
legislative days,
before the date the Congress adjourns a session of Congress
and ending on the date on which the same or succeeding
Congress first convenes its next session, the expedited
procedures under this section shall apply to such
implementing bill in the succeeding session of Congress.
(2) Application.--In applying this section for the purposes
of constructive resubmission, an implementing bill described
under paragraph (1) shall be treated as though such
implementing bill were submitted by the Fiscal Commission
on--
(A) in the case of the Senate, the 15th session day; or
(B) in the case of the House of Representatives, the 15th
legislative day,
after the succeeding session of Congress first convenes.
(3) Limitation.--The constructive resubmission under this
subsection shall not apply if a vote with respect to the
implementing bill was taken in either House in a preceding
session of Congress.
SEC. 2005. FUNDING.
Funding for the Fiscal Commission shall be derived from the
contingent fund of the Senate from the appropriations account
``Miscellaneous Items'', subject to the rules and regulations
of the Senate.
SEC. 2006. RULEMAKING.
The provisions of section 2004 are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and, as such,
the provisions--
(A) shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply; and
(B) shall supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.
______
SA 1998. Mr. LEE 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 appropriate place, insert the following:
SEC. __. REAUTHORIZATION OF THE RADIATION EXPOSURE
COMPENSATION ACT.
(a) In General.--Section 3(d) of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is
amended by striking the first sentence and inserting ``The
Fund shall terminate on the date that is 2 years after the
date of enactment of the RECA Extension Act of 2024.''.
(b) Limitation on Claims.--Section 8(a) of the Radiation
Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210
note) is amended by striking ``the RECA Extension Act of
2022'' and inserting ``the RECA Extension Act of 2024''.
______
SA 1999. Mr. LEE 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 appropriate place, insert the following:
SEC. ___. PROHIBITION ON AVAILABILITY OF FUNDS.
None of the funds authorized to be appropriated by this Act
may be authorized to be appropriated if air carriers, whether
foreign or domestic, when operating within the United States,
including in the air space of the United States, or airport
security, within the United States or its territories, accept
any of the following as a valid identification or
authorization document, or permit the following to be used to
obtain such identification or travel document, for an airline
passenger seeking to board an aircraft:
(1) CBP One Mobile Application.
(2) Department of Homeland Security Form I-385, Notice to
Report.
(3) Department of Homeland Security Form I-862, Notice to
Appear.
[[Page S3366]]
______
SA 2000. Mr. MERKLEY (for himself, Mr. Kennedy, and Mr. Marshall)
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 appropriate place, insert the following:
SEC. ___. PROHIBITION ON EXPANSION OF FACIAL RECOGNITION
TECHNOLOGY.
(a) In General.--Section 44901 of title 49, United States
Code, as amended by section 642, is further amended by adding
at the end the following new subsection:
``(n) Prohibition on Expansion of Facial Recognition
Technology.--
``(1) Definitions.--In this subsection:
``(A) Administration.--The term `Administration' means the
Transportation Security Administration.
``(B) Administrator.--The term `Administrator' means the
Administrator of the Transportation Security Administration.
``(C) Airport.--The term `airport' has the meaning given
such term in section 47102.
``(D) Identity verification.--The term `identity
verification' means the confirmation of the identity of a
protected individual before admittance to the sterile area of
the airport.
``(E) Partner program.--The term `partner program' means a
program that a protected individual has opted-into that is--
``(i) a program of a State or territory of the United
States that provides a digital identification or digital
driver's license; or
``(ii) a program of an air carrier operated in partnership
with a Trusted Traveler Program to enable flight check-in,
airport security screening, or aircraft boarding.
``(F) Protected individual.--The term `protected
individual' means an individual who is not an employee or
contractor of the Administration.
``(G) Screening location; sterile area.--The terms
`screening location' and `sterile area' have the meanings
given those terms in section 1540.5 of title 49, Code of
Federal Regulations.
``(H) Trusted traveler program.--The term `Trusted Traveler
Program' means an opt-in program that is--
``(i) Global Entry;
``(ii) the PreCheck Program;
``(iii) SENTRI; or
``(iv) NEXUS.
``(2) Limited expansion; privacy for protected
individuals.--
``(A) In general.--Except as provided in subparagraphs (B),
(C), and (D), the Administrator may not, for any purpose,
capture, collect, store, or otherwise process biometric
information with respect to a protected individual.
``(B) Limitation on expansion.--The Administrator may not
expand the use of facial recognition technology or facial
matching software to, or implement facial recognition
technology or facial matching software that requires
comparison against a database of photos at, any airport in
which such technology or software was not in use prior to the
date of the enactment of this subsection.
``(C) Use of technology for verification of documents.--The
Administrator may use technology to process, capture, scan
and receive data from an identification document containing a
photograph of an individual to access secure flight data,
authenticate the pre-screening status of a protected
individual, or verify the accuracy of the identification
document.
``(D) Use at airports.--The Administrator may use facial
recognition technology or facial matching software to perform
identity verification--
``(i)(I) beginning on the date that is 30 days after the
date of the enactment of this subsection, at any airport
where facial recognition technology or facial matching
software was in use prior to the date of enactment of this
subsection; and
``(II) at any airport after May 30, 2027; and
``(ii) so long as, beginning on the date that is 30 days
after the date of the enactment of this subsection and
thereafter, the Administrator--
``(I) conducts identity verification without using facial
recognition technology or facial matching software as the
default form of identification;
``(II) provides each protected individual, at the request
of the protected individual, with the option to choose
between identity verification with or without facial
recognition or facial matching software;
``(III) notifies each protected individual of such option
via simple and clear signage, spoken announcements, or other
accessible notifications;
``(IV) ensures equal ability for protected individuals to
choose either identification option;
``(V) does not subject protected individuals who elect not
to use facial recognition technology or facial matching
software to discriminatory treatment, additional screening
requirements, less favorable screening conditions, or other
unfavorable treatment; and
``(VI) ensures that protected individuals enrolling in a
Trusted Traveler Program are given clear and conspicuous
notice of, and provide affirmative and express consent to,
the storage, use, and sharing of their biometric information,
including how such biometric information will be stored,
used, shared, or otherwise processed.
``(E) Notification guidelines.--A notification posted or
distributed in accordance with subparagraph (B)(ii)--
``(i) shall clearly state that participation in facial
recognition screening is optional and describe the specific
steps passengers should take to select either identification
option; and
``(ii) may not encourage passengers to choose one option
over the other for identity verification.
``(3) Data minimization of protected individuals.--
Beginning on the date that is 30 days after the date of the
enactment of this subsection, in processing biometric
information with respect to a protected individual, the
Administrator may not, except as provided in paragraph (4)--
``(A) share outside of the Transportation Security
Administration any biometric information collected through
the use of facial recognition technology or facial matching
software;
``(B) store biometric information for longer than is
necessary to complete identity verification of an individual,
and not more than 12 hours; or
``(C) compare the image of a protected individual against
anything other than the photo identification document
provided by the individual.
``(4) Data minimization for partner programs.--Beginning on
the date that is 30 days after the date of the enactment of
this subsection, in processing biometric information with
respect to a protected individual who seeks identity
verification under a Trusted Traveler Program or a partner
program, the Administrator may not, except to the extent
necessary to operate a Trusted Traveler Program or a partner
program--
``(A) share outside of the Transportation Security
Administration any biometric information collected through
the use of facial recognition technology or facial matching
software;
``(B) store biometric information for longer than is
necessary to complete identity verification of an individual,
and not more than 12 hours; or
``(C) compare the image of a protected individual against
anything other than the photo identification document
provided by the individual.
``(5) Disposal of facial biometrics.--Not later than 90
days after the date of the enactment of this subsection, the
Administrator shall dispose of any biometric information,
including images and videos, collected, or stored by the
Administration prior to such date of enactment that, if
collected or stored on or after such date of enactment, would
violate this subsection.
``(6) GAO report on use of facial recognition technology.--
``(A) In general.--Not later than 1 year after the date of
the enactment of this subsection, and annually thereafter,
the Comptroller General of the United States shall audit the
use of facial recognition technology and facial matching
software by the Administration, and submit to Congress a
report that includes--
``(i) a recommendation on the circumstances, if any, in
which the utilization of facial recognition technology or
facial matching software is cost effective for the purposes
of reducing the number of individuals who access sterile
areas using illegitimate identification documents;
``(ii) a summary of the impact of the use of facial
recognition technology on employment levels and experiences
of transportation security officers of the Administration,
airline employees, and airport employees;
``(iii) an assessment of the occurrence of false positive
and false negative facial identification matches of
individuals;
``(iv) a comparison of the number of false identification
documents detected at airports using facial recognition
technology or facial matching software at screening locations
and the number of such documents detected at airports not
using such technology or software;
``(v) a summary of the methodology and results of any
testing performed by the Comptroller General in relation to
the efficacy of the use of facial recognition technology or
facial matching software by the Administration, including any
research on bias, disaggregated by age, race, ethnicity to
the extent practicable, and sex, the different technologies
used by the Administration, and efforts to minimize the bias
in operations of the Administration; and
``(vi) recommendations of restrictions and guidelines that
should be enacted to protect individual privacy, civil
rights, and civil liberty interests.
``(B) Form.--A report submitted under subparagraph (A)
shall be submitted in unclassified form but may include a
classified annex.
``(C) Rule of construction; protection of personal
information.--Nothing in this paragraph shall be construed to
authorize or require the unauthorized disclosure of the
personal information of protected individuals, and the report
required by this paragraph shall be released in a manner that
protects personal information from unauthorized use or
unauthorized disclosure.''.
(b) Amendments to Aviation and Transportation Security
Act.--The Aviation and Transportation Security Act (Public
Law 107-71; 115 Stat. 597) is amended--
(1) in section 109(a)(7) (49 U.S.C. 114 note) by inserting
``, subject to the restrictions of section 44901(n) of title
49, United States Code,'' after ``technologies''; and
[[Page S3367]]
(2) in section 137(d)(3) (49 U.S.C. 44912 note), by
inserting ``, subject to the restrictions of section 44901(n)
of title 49, United States Code,'' after ``biometrics''.
(c) Additional Modifications With Respect to Air
Transportation Security.--Section 44903 of title 49, United
States Code, is amended--
(1) in subsection (c)(3), by inserting ``, subject to the
restrictions of section 44901(n),'' after ``other
technology'';
(2) in subsection (g)(2)(G), by inserting ``, subject to
the restrictions of section 44901(n),'' after
``technologies''; and
(3) in subsection (h)(4)(E), by inserting ``, subject to
the restrictions of section 44901(n),'' after ``technology''.
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