[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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