[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4577-S5146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2249. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3__. REPORT ON ALTERNATIVES TO USE OF 6PPD IN TIRES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on
Environment and Public Works of the Senate, and the Committee
on Energy and Commerce of the House of Representatives a
report on--
(1) the alternatives to the use of 6PPD in the design and
production of tires by the Department of Defense;
(2) how 6PPD and 6PPD-quinone created by tires may be
reduced; and
(3) the steps the Secretary will take to mitigate 6PPD and
6PPD-quinone in the environment.
______
SA 2250. Mr. COONS (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. SMALL BUSINESS CONTRACTING TRANSPARENCY.
(a) Report on Small Business Concerns Owned and Controlled
by Women.--
(1) In general.--Section 8(m) of the Small Business Act (15
U.S.C. 637(m)) is amended by adding at the end the following:
``(9) Report.--Not later than 1 year after the date of
enactment of the Small Business Contracting Transparency Act
of 2024, and annually thereafter, the Administrator shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on small
business concerns owned and controlled by women, which shall
include, for the fiscal year preceding the date of the
report, the following:
``(A) The number of applications for certification as a
small business concern owned and controlled by women that
have sufficient information for the Administrator to make a
certification determination, disaggregated by--
``(i) the number of applications certified;
``(ii) the number of applications denied; and
``(iii) the number of applications for which a
determination has not been made.
``(B) The number of concerns certified as small business
concerns owned and controlled by women by a national
certifying entity approved by the Administrator.
``(C) The amount of fees, if any, charged by each national
certifying entity for the certification described in
subparagraph (B).
``(D) The total dollar amount and total percentage of prime
contracts awarded to small business concerns owned and
controlled by women pursuant to paragraph (2) or pursuant to
a waiver granted under paragraph (3).
``(E) The total dollar amount and total percentage of prime
contracts awarded to small business concerns owned and
controlled by women pursuant to paragraph (7) or (8).
``(F) With respect to a contract incorrectly awarded
pursuant to this subsection because it was awarded based on
an industry in which small business concerns owned and
controlled by women are not underrepresented--
``(i) the number of such contracts;
``(ii) the Federal agencies that issued such contracts; and
``(iii) any steps taken by the Administrator to train the
personnel of each Federal agency described in clause (ii) on
the use of the authority provided under this subsection.
``(G) With respect to an examination described in paragraph
(5)(B)--
``(i) the number of examinations due because of
recertification requirements and the actual number of
examinations conducted; and
``(ii) the number of examinations conducted for any other
reason.
``(H) The number of small business concerns owned and
controlled by women that were found to be ineligible to be
awarded a contract under this subsection as a result of an
examination conducted pursuant to paragraph (5)(B) or failure
to request an examination pursuant to section 127.400 of
title 13, Code of Federal Regulations, or any successor
regulation.
``(I) The number of small business concerns owned and
controlled by women that were decertified.
``(J) The total number of small business concerns owned and
controlled by women.
``(K) Any other information the Administrator determines
necessary.''.
(2) Technical amendment.--Section 8(m)(2)(C) of the Small
Business Act (15 U.S.C. 637(m)(2)(C)) is amended by striking
[[Page S4578]]
``paragraph (3)'' and inserting ``paragraph (4)''.
(b) Report on Small Business Concerns Owned and Controlled
by Qualified HUBZone Small Business Concerns.--Section 31 of
the Small Business Act (15 U.S.C. 657a) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Report.--Not later than 1 year after the date of
enactment of the Small Business Contracting Transparency Act
of 2024, and annually thereafter, the Administrator shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on HUBZone
small business concerns, which shall include, for the fiscal
year preceding the date of the report, the following:
``(1) The number of applications for certification as a
qualified HUBZone small business concern that have sufficient
information for the Administrator to make a certification
determination, disaggregated by--
``(A) the number of applications certified;
``(B) the number of applications denied; and
``(C) the number of applications for which a determination
has not been made.
``(2) The total dollar amount and total percentage of prime
contracts awarded to qualified HUBZone small business
concerns pursuant to this section.
``(3) The total dollar amount and percent of sole source
contracts awarded to qualified HUBZone small business
concerns under subsection (c)(2)(A).
``(4) With respect to an examination described in
subsection (d)(5)--
``(A) the number of examinations due because of
recertification requirements and the actual number of
examinations conducted; and
``(B) the number of examinations conducted for any other
reason.
``(5) The number of HUBZone small business concerns that
were found to be ineligible to be awarded a contract under
this subsection as a result of an examination conducted
pursuant to subsection (d)(5) or a verification conducted
pursuant to subsection (d)(2).
``(6) The number of small business concerns that were
decertified as qualified HUBZone small business concerns.
``(7) The number of qualified HUBZone small business
concerns.
``(8) Any other information the Administrator determines
necessary.''.
(c) Report on Small Business Concerns Owned and Controlled
by Service-disabled Veterans.--Section 36 of the Small
Business Act (15 U.S.C. 657f) is amended by adding at the end
the following:
``(j) Report.--Not later than 1 year after the date of
enactment of the Small Business Contracting Transparency Act
of 2024, and annually thereafter, the Administrator shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on small
business concerns owned and controlled by service-disabled
veterans, which shall include, for the fiscal year preceding
the date of the report, the following:
``(1) The total number of small business concerns certified
as small business concerns owned and controlled by service-
disabled veterans.
``(2) The total dollar amount and total percentage of prime
contracts awarded to small business concerns owned and
controlled by service-disabled veterans pursuant to this
section.
``(3) The total dollar amount and percent of sole source
contracts awarded to small business concerns owned and
controlled by service-disabled veterans pursuant to
subsection (c).
``(4) With respect to an examination described in
subsection (h)(2)--
``(A) the number of examinations due because of
recertification requirements and the actual number of such
examinations conducted; and
``(B) the number of examinations conducted for any other
reason.
``(5) The number of small business concerns owned and
controlled by service-disabled veterans that were found to be
ineligible to be awarded a contract under this subsection as
a result of an examination conducted pursuant to subsection
(h)(2).
``(6) The number of small business concerns decertified as
small business concerns owned and controlled by service-
disabled veterans.
``(7) The total number of small business concerns owned and
controlled by service-disabled veterans.
``(8) Any other information the Administrator determines
necessary.''.
(d) Compliance With CUTGO.--No additional amounts are
authorized to be appropriated to carry out this section or
the amendments made by this section.
______
SA 2251. Mr. CORNYN (for himself and Ms. Klobuchar) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. NATIONAL CONSTRUCTION SAFETY TEAM ENHANCEMENT.
The National Construction Safety Team Act is amended--
(1) in section 2 (15 U.S.C. 7301)--
(A) in subsection (a)--
(i) in the first sentence, by striking ``buildings'' and
inserting ``structure''; and
(ii) by inserting after the first sentence the following
new sentence: ``In instances in which the failure of the
building or structure is the proper subject for investigation
by another Federal agency, the Director shall defer to the
authority of such agency.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``buildings'' and
inserting ``the built environment''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``or structure''
after ``building'';
(II) in subparagraph (C), by striking ``building standards,
codes, and practices'' and inserting ``engineering standards,
practices, and building codes''; and
(III) in subparagraph (D), by striking ``buildings'' and
inserting ``the built environment''; and
(C) in subsection (c)(1)--
(i) in subparagraph (G), by inserting ``or structure''
after ``building''; and
(ii) in subparagraph (J)--
(I) by inserting ``or structure'' after ``building''; and
(II) by inserting ``or the National Windstorm Impact
Reduction Act of 2004'' after ``1977'';
(2) in section 4 (15 U.S.C. 7303)--
(A) by striking the term ``building'' each place it
appears; and
(B) by inserting ``building or structure'' before
``failure'' each place it appears;
(3) in section 7 (15 U.S.C. 7306), by inserting ``or
structure'' after ``building'';
(4) in section 8 (15 U.S.C. 7307)--
(A) in paragraph (1), by inserting ``or structure'' after
``building'';
(B) in paragraph (3), by striking ``standards, codes, and
practices'' and inserting ``engineering standards, practices,
and building codes''; and
(C) in paragraph (4), by inserting ``and structure'' after
``building'';
(5) in section 9(2) (15 U.S.C. 7308(2)), by striking
``building standards, codes, and practices'' each place it
appears and inserting ``engineering standards, practices, and
building codes''; and
(6) in section 14 (15 U.S.C. 7312), by striking ``building
standards, codes, or practices'' and inserting ``engineering
standards, practices, and building codes''.
______
SA 2252. Mr. CORNYN (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. QUANTUM INFORMATION SCIENCE TO ENHANCE THE
RESILIENCE, SECURITY, AND EFFICIENCY OF THE
ELECTRIC GRID.
(a) In General.--Title IV of the National Quantum
Initiative Act (15 U.S.C. 8851 et seq.) is amended by adding
at the end the following:
``SEC. 405. QUANTUM INFORMATION SCIENCE TO ENHANCE THE
RESILIENCE AND SECURITY OF THE ELECTRIC GRID.
``(a) In General.--The Secretary of Energy (referred to in
this section as the `Secretary') shall conduct research,
development, and demonstration activities focused on the use
of quantum information science, engineering, and technology,
including through quantum applications and quantum computing,
to enhance the resilience, security, and efficiency of the
electric grid in the United States.
``(b) Research Areas.--In carrying out subsection (a), the
Secretary shall conduct research in the following areas:
``(1) Fault detection and prediction.
``(2) Grid security and safety, including through post-
quantum cryptography.
``(3) Integrated grid planning.
``(4) Grid optimization.
``(5) Enhanced modeling.
``(6) Energy storage.
``(7) Energy market optimization.
``(8) Any other area in which, in the determination of the
Secretary, quantum information science, engineering, and
technology can enhance the resilience, security, and
efficiency of the electric grid in the United States.
``(c) Cooperation.--To the extent practicable, the
Secretary shall conduct research, development, and
demonstration activities under subsection (a) in cooperation,
including through partnerships, as the Secretary determines
to be appropriate, with members of relevant industries,
National Laboratories, institutions of higher education, and
other relevant institutions, including research institutions,
as determined by the Secretary.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the National
[[Page S4579]]
Quantum Initiative Act (Public Law 115-368; 132 Stat. 5092;
136 Stat. 1441) is amended by inserting after the item
relating to section 404 the following:
``Sec. 405. Quantum information science to enhance the resilience and
security of the electric grid.''.
______
SA 2253. Mr. MORAN (for himself, Mr. Murphy, Mr. Romney, and Ms.
Rosen) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V of division A, add the
following:
SEC. 529C. DEPARTMENT OF DEFENSE PROCESS FOR SHARING MILITARY
SERVICE DATA WITH STATES.
(a) Short Title.--This section may be cited as the
``Military and Education Data Integration Act''.
(b) Definitions.--In this section:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(c) Data Sharing Process.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Education, State educational agencies,
local educational agencies, military leaders, and other
experts in student data and privacy shall, not later than 18
months after the date of enactment of this Act, develop and
implement a secure, data sharing process that enables State
educational agencies to, on a not less than annual basis--
(A) access data elements described in paragraph (2)
maintained by the Secretary of Defense related to each such
State's high school graduates; and
(B) integrate data elements described in paragraph (2)
maintained by the Secretary of Defense related to each such
State's high school graduates into--
(i) such State's statewide longitudinal data system; or
(ii) an alternate data system operated by such State.
(2) Data elements.--The data elements described in this
paragraph shall include information, updated not less than
annually, regarding the following:
(A) The military service of officers and enlisted
personnel, disaggregated by State of secondary school
graduation (or most recent secondary school attendance before
enlistment or accession), including the following:
(i) The highest level of education attained by the service
member.
(ii) The name and location of the school that provided the
education referenced in clause (i).
(iii) The name and location of the secondary school from
which the service member graduated (if different than the
information provided under clause (ii)) (or most recently
attended if the service member did not graduate).
(iv) The service member's score on the Armed Forces
Qualification Test.
(v) The date of accession into the Armed Forces by the
service member.
(vi) The military service of the service member.
(vii) The current rank of the service member.
(viii) The area of expertise or military occupational
specialty (MOS) of the service member.
(ix) The date of separation from the Armed Forces by the
service member.
(x) Any other information deemed relevant by the Secretary
of Defense.
(B) Information with respect to individuals who applied for
military service (as officers or enlisted personnel,
disaggregated by State of secondary school graduation (or
most recent secondary school attendance before enlistment or
accession)), including the following:
(i) The highest level of education attained by the
individual.
(ii) The name and location of the school that provided the
education referenced in clause (i).
(iii) The name and location of the secondary school from
which the individual graduated (if different than the
information provided under clause (ii)) (or most recently
attended if the individual did not graduate).
(iv) The individual's score on the Armed Forces
Qualification Test.
(3) Privacy.--The Secretary of Defense shall carry out the
secure data sharing process required under paragraph (1) in a
manner that protects individual privacy and data security, in
accordance with applicable Federal, State, and local privacy
laws. The data collected pursuant to this subsection shall be
collected and maintained in an anonymous format.
______
SA 2254. Mrs. BLACKBURN (for herself and Mr. Peters) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. REPORT ON DEPARTMENT OF JUSTICE ACTIVITIES RELATED
TO COUNTERING CHINESE NATIONAL SECURITY
THREATS.
(a) Requirement.--Not later than 90 days after the date of
enactment of this Act, and each year thereafter for 7 years,
the Attorney General shall submit to the Committees on the
Judiciary of the Senate and of the House of Representatives,
and make publicly available on the website of the Department
of Justice, a report that includes each of the following:
(1) A description of the activities and operations of the
Department of Justice related to countering Chinese national
security threats and espionage in the United States,
including--
(A) theft of United States intellectual property (including
trade secrets) and research; and
(B) threats from non-traditional collectors, such as
researchers in laboratories, at universities, and at defense
industrial base facilities (as that term is defined in
section 2208(u)(3) of title 10, United States Code).
(2) An accounting of the resources of the Department of
Justice that are dedicated to programs aimed at combating
national security threats posed by the Chinese Communist
Party, and any supporting information as to the efficacy of
each such program.
(3) A detailed description of the measures used to ensure
the protection of civil rights, civil liberties, and privacy
rights of United States persons in carrying out the
activities, operations, and programs described in paragraphs
(1) and (2).
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Consultation.--In preparing the report under subsection
(a), the Attorney General shall collaborate with the Director
of National Intelligence, the Secretary of Homeland Security,
the Secretary of Defense, and any other appropriate
officials.
______
SA 2255. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. STUDY OF NATIONAL SECURITY RISKS POSED BY CERTAIN
ROUTERS AND MODEMS.
(a) Definitions.--In this section:
(1) Covered country.--The term ``covered country'' has the
meaning given the term ``covered nation'' in section 4872(d)
of title 10, United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary of
Commerce for Communications and Information.
(b) Study.--The Secretary shall conduct a study of the
national security risks posed by consumer routers, modems,
and devices that combine a modem and router that are
designed, developed, manufactured, or supplied by persons
owned by, controlled by, or subject to the influence of a
covered country.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary 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 results of the study
conducted under subsection (b).
______
SA 2256. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title II, insert the following:
SEC. _____. MEASURES TO ADVANCE QUANTUM INFORMATION SCIENCE
WITHIN THE DEPARTMENT OF DEFENSE.
(a) Strategic Plan.--
(1) In general.--The Secretary of Defense shall develop a
strategic plan to guide the research, development, test and
evaluation,
[[Page S4580]]
procurement, and implementation of quantum information
science technologies within the Department of Defense,
including the covered Armed Forces, over the period of five
years following the date of the enactment of this Act.
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) Identification of--
(i) quantum information science technologies that have the
potential to solve operational challenges faced by the
Department of Defense; and
(ii) the technology readiness levels of those quantum
information science technologies.
(B) Plans to transition technologies identified under
subparagraph (A) from the research, development, and
prototyping phases into operational use within the
Department.
(C) Plans for allocating the resources of the Department to
ensure such resources are focused on quantum information
science technologies with the potential to solve operational
challenges as identified under subparagraph (A).
(D) Plans for the continuous evaluation, development, and
implementation of quantum information science technology
solutions within the Department.
(E) Plans for the development, review, performance
evaluation, and adoption of a fault-tolerant, utility-scale
quantum computer and the transition of that capability to
appropriate organizations and elements of the Department of
Defense and such other departments and agencies of the
Federal Government as the Secretary determines appropriate.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes--
(A) the strategic plan developed under paragraph (1); and
(B) an assessment of whether the budgets proposed for
quantum information science-related activities of the
Department of Defense and each of the covered Armed Forces
appropriately balance the use of research, development, test,
and evaluation funds designated as budget activity 1 (basic
research), budget activity 2 (applied research), and budget
activity 3 (advanced technology development) (as those budget
activity classifications are set forth in volume 2B, chapter
5 of the Department of Defense Financial Management
Regulation (DOD 7000.14-R)) to achieve the objectives of the
strategic plan over near-, mid-, and long-term timeframes.
(b) Quantum Computing Center of Excellence.--
(1) In general.--The Secretary of Defense shall establish a
Quantum Computing Center of Excellence (referred to in this
subsection as the ``Center'') at a research laboratory of a
covered Armed Force with requisite experience in quantum
computing, integrated photonics and photon qubits,
superconducting and hybrid systems, and trapped ions.
(2) Activities.--The Center shall carry out the following
activities:
(A) Accelerate the transition of advanced quantum and
quantum hybrid computing technology from the research and
development phase into operational use.
(B) Facilitate quantum computing workforce development.
(C) Conduct outreach to enhance government, industry, and
academia's understanding of--
(i) national security-related use cases for quantum
computing and quantum hybrid technology; and
(ii) operational challenges faced by the Department of
Defense that may be addressed using such technology.
(D) Conduct prototyping of quantum computing and quantum
hybrid applications.
(E) Undertake efforts to advance the technology readiness
levels of quantum computing technologies.
(F) Carry out such other activities relating to quantum
computing as the Secretary determines appropriate.
(3) Partner organizations.--For purposes of carrying out
the activities of the Center under this subsection, the
research laboratory selected under paragraph (1) may partner
with one or more of the following:
(A) Other research laboratories of the covered Armed
Forces.
(B) The Defense Innovation Unit.
(C) Federally funded research and development centers.
(D) University affiliated research centers.
(E) Private sector entities with expertise in quantum
computing.
(F) Such other organizations as the Secretary of Defense
determines appropriate.
(4) Contract authority.--Subject to availability of
appropriations, Secretary of Defense may make grants and
enter into contracts or other agreements, on a competitive
basis, to support the activities of the Center.
(5) Termination.--The Center shall terminate on the date
that is 10 years after the date of the enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, Navy,
Air Force, Marine Corps, or Space Force.
(2) The term ``quantum computing'' means computing
algorithms and applications that use quantum mechanics
through quantum processing units, including--
(A) quantum-classical hybrid applications which are
applications that use both quantum computing and classical
computing hardware systems;
(B) annealing and gate systems; and
(C) all qubit modalities (including superconducting,
trapped-ion, neutral atom, and photonics).
(3) The term ``quantum information science'' means the use
of the laws of quantum physics for the storage, transmission,
manipulation, computing, or measurement of information.
______
SA 2257. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PROHIBITION ON AWARDS AND CONTRACTS FOR ENTITIES
DOING BUSINESS WITH CHINESE MILITARY COMPANIES.
No future-year award or contract of the Department of
Defense shall be granted to any entity that does business
with a Chinese military company (as defined in section 1260H
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283;
134 Stat. 3965; 10 U.S.C. 113 note)) that operates indirectly
or directly in the United States.
______
SA 2258. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title X, insert the following:
SEC. __. PROHIBITION AND STUDY RELATING TO MILITARY FABRIC
LABELING.
(a) Prohibition.--The Secretary of Defense shall not
finalize the draft detail specification MIL-DTL-32075B or
otherwise revise, supplement, or bypass detail specification
MIL-DTL-32075A, ``Label: For Clothing, Equipage, and Tentage,
(General Use)''.
(b) Study and Report.--
(1) Study.--The Secretary of Defense shall complete a study
of the military fabric labeling industry that--
(A) examines the rationale for the draft detail
specification MIL-DTL-32075B;
(B) analyzes the anticipated effects of the new fabric
label category under that draft detail specification on--
(i) the safety of members of the Armed Forces; and
(ii) small business label manufacturers; and
(C) evaluates--
(i) how eliminating performance standards would expose
members of the Armed Forces to safety hazards and impair
recalls issued by the Department of Defense;
(ii) the impact of the draft detail specification on small
business manufacturers of type VI labels, including through
interviews with such manufacturers; and
(iii) the number and appropriateness of engineering change
requests or other waivers that evade performance requirements
for type VI labels.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate a report on
the findings of the study.
______
SA 2259. Mr. BUDD submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 627(b)(2)(B), strike ``or international
surrogacy'' and insert ``international surrogacy, or any
treatment involving the use of preimplantation genetic
testing or another form of genetic diagnosis to select an
embryo based on its sex, physical features, potential
intelligence quotient (IQ) level, or genetic profile''.
______
SA 2260. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
[[Page S4581]]
SEC. 1095. DESIGNATION OF CERTAIN WILDERNESS AREAS AND WILD
AND SCENIC RIVERS, WASHINGTON.
(a) Designation of Olympic National Forest Wilderness
Areas.--
(1) In general.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the
Olympic National Forest in the State of Washington comprising
approximately 126,554 acres, as generally depicted on the map
entitled ``Proposed Wild Olympics Wilderness and Wild and
Scenic Rivers Act'' and dated April 8, 2019 (referred to in
this subsection as the ``map''), is designated as wilderness
and as components of the National Wilderness Preservation
System:
(A) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(B) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres,
as generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(C) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres,
as generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(D) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(E) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately
21,965 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``Buckhorn Wilderness'', as designated by section 3 of the
Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-339).
(F) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(G) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(H) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(I) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately
26,517 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``Wonder Mountain Wilderness'', as designated by section 3 of
the Washington State Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-339).
(J) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(K) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
10,887 acres, as generally depicted on the map, which shall
be known as the ``South Quinault Ridge Wilderness''.
(L) Colonel bob wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 353
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(M) Sams river wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 13,418 acres, as
generally depicted on the map, which shall be known as the
``Sams River Wilderness''.
(N) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres,
as generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(2) Administration.--
(A) Management.--Subject to valid existing rights, the land
designated as wilderness by paragraph (1) shall be
administered by the Secretary of Agriculture (referred to in
this subsection as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(B) Map and description.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the land designated as wilderness by
paragraph (1) with--
(I) the Committee on Natural Resources of the House of
Representatives; and
(II) the Committee on Energy and Natural Resources of the
Senate.
(ii) Effect.--Each map and legal description filed under
clause (i) shall have the same force and effect as if
included in this section, except that the Secretary may
correct minor errors in the map and legal description.
(iii) Public availability.--Each map and legal description
filed under clause (i) shall be filed and made available for
public inspection in the appropriate office of the Forest
Service.
(3) Potential wilderness.--
(A) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map,
is designated as potential wilderness.
(B) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
subparagraph (A) have terminated, the potential wilderness
shall be--
(i) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(ii) incorporated into the adjacent wilderness area.
(4) Adjacent management.--
(A) No protective perimeters or buffer zones.--The
designations in this subsection shall not create a protective
perimeter or buffer zone around any wilderness area.
(B) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the
boundary of any wilderness area designated under this
subsection shall be permitted even if the activity or use
would be seen or heard within the boundary of the wilderness
area.
(5) Fire, insects, and diseases.--The Secretary may take
such measures as are necessary to control fire, insects, and
diseases, in the wilderness areas designated by this
subsection, in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such
terms and conditions as the Secretary determines to be
appropriate.
(b) Wild and Scenic River Designations.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(233) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the
source to Cat Creek, to be administered by the Secretary of
the Interior as a wild river.
``(234) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of
Washington Department of Natural Resources land in T. 29 N.,
R. 4 W., sec. 12, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, including the following
segments of the mainstem and major tributary the Gray Wolf
River, in the following classes:
``(A) The approximately 5.8-mile segment of the Dungeness
River from the headwaters to the 2870 Bridge, as a wild
river.
``(B) The approximately 2.1-mile segment of the Dungeness
River from the 2870 Bridge to Silver Creek, as a scenic
river.
``(C) The approximately 2.7-mile segment of the Dungeness
River from Silver Creek to Sleepy Hollow Creek, as a wild
river.
``(D) The approximately 6.3-mile segment of the Dungeness
River from Sleepy Hollow Creek to the Olympic National Forest
boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the Dungeness
River from the National Forest boundary to the State of
Washington Department of Natural Resources land in T. 29 N.,
R. 4 W., sec. 12, to be administered as a recreational river
through a cooperative management agreement between the State
of Washington and the Secretary of Agriculture, as provided
in section 10(e).
``(F) The approximately 16.1-mile segment of the Gray Wolf
River from the headwaters to the 2870 Bridge, as a wild
river.
``(G) The approximately 1.1-mile segment of the Gray Wolf
River from the 2870 Bridge to the confluence with the
Dungeness River, as a scenic river.
``(235) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a wild
river.
``(B) The approximately 5.3-mile segment from the Buckhorn
Wilderness boundary to the City of Port Townsend water intake
facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing of dams,
water conduits, reservoirs, powerhouses, transmission lines,
or other project works, shall apply to the approximately 5-
mile segment from the City of Port Townsend water intake
facility to the Olympic National Forest boundary.
``(236) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in
T. 26 N., R. 3 W., sec. 15, to be administered by the
Secretary of Agriculture, except that portions of the river
within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
[[Page S4582]]
``(B) The approximately 6.8-mile segment from Station Creek
to the private land in T. 26 N., R. 3 W., sec. 15, as a
scenic river.
``(237) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary
of Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a wild
river.
``(B) The approximately 1.9-mile segment from the Brothers
Wilderness boundary to the private land in T. 25 N., R. 3 W.,
sec. 1, as a scenic river.
``(238) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as a
wild river.
``(B) The approximately 5.8-mile segment from the Mt.
Skokomish Wilderness boundary to Lena Creek, as a scenic
river.
``(C) The approximately 6.8-mile segment from Lena Creek to
the eastern edge of the NW\1/4\ sec. 21, T. 24 N., R. 3 W.,
to be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture, as provided in
section 10(e).
``(239) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from Church Creek
to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar Creek
to upper end of the gorge in the NW\1/4\ sec. 22, T. 22 N.,
R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the upper end
of the gorge to the Olympic National Forest boundary, as a
scenic river.
``(240) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop
River from the headwaters to the Olympic National Forest
boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(241) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary,
to be administered by the Secretary of Agriculture, as a
scenic river.
``(242) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary
of the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain Wilderness,
as a wild river.
``(B) The approximately 7.4-mile segment from the boundary
of the Wonder Mountain Wilderness to the head of Wynoochee
Reservoir, as a recreational river.
``(243) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary, as a
wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic National
Forest boundary, as a scenic river.
``(244) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(245) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24
N., R. 8 W., sec. 33, to be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from Graves Creek
to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from Cannings
Creek to private land in T. 24 N., R. 8 W., sec. 33, as a
recreational river.
``(246) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary
of Agriculture, including the following segments of the
mainstem and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the Queets
River from the headwaters to the confluence with Sams River,
as a wild river.
``(B) The approximately 16.0-mile segment of the Queets
River from the confluence with Sams River to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the Sams River
from the headwaters to the confluence with the Queets River,
as a scenic river.
``(D) The approximately 17.7-mile segment of Matheny Creek
from the headwaters to the confluence with the Queets River,
to be administered as a scenic river through a cooperative
management agreement between the State of Washington and the
Secretary of Agriculture, as provided in section 10(e).
``(247) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 20.7-mile segment of the Hoh River
from the headwaters to Jackson Creek, as a wild river.
``(B) The approximately 6.0-mile segment of the Hoh River
from Jackson Creek to the Olympic National Park boundary, as
a scenic river.
``(C) The approximately 13.8-mile segment of the South Fork
Hoh River from the headwaters to the Olympic National Park
boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the South Fork
Hoh River from the Olympic National Park boundary to the
Washington State Department of Natural Resources boundary in
T. 27 N., R. 10 W., sec. 29, to be administered as a
recreational river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture, as provided in section 10(e).
``(248) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to
the Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(249) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary
Sitkum River from the headwaters to Hyas Creek to be
administered by the Secretary of Agriculture, except those
portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments in the following
classes:
``(A) The approximately 15.7-mile segment of the South Fork
Calawah River from the headwaters to the Sitkum River, as a
wild river.
``(B) The approximately 0.9-mile segment of the South Fork
Calawah River from the Sitkum River to Hyas Creek, as a
scenic river.
``(C) The approximately 1.6-mile segment of the Sitkum
River from the headwaters to the Rugged Ridge Wilderness
boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the Sitkum
River from the Rugged Ridge Wilderness boundary to the
confluence with the South Fork Calawah, as a scenic river.
``(250) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol Duc
River from the headwaters to the end of Sol Duc Hot Springs
Road, as a wild river.
``(B) The approximately 10.8-mile segment of the Sol Duc
River from the end of Sol Duc Hot Springs Road to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 14.2-mile segment of the North Fork
Sol Duc River from the headwaters to the Olympic Hot Springs
Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the North Fork
Sol Duc River from the Olympic Hot Springs Road bridge to the
confluence with the Sol Duc River, as a scenic river.
``(E) The approximately 8.0-mile segment of the South Fork
Sol Duc River from the headwaters to the confluence with the
Sol Duc River, as a scenic river.
``(251) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary
of the Interior as a scenic river.''.
(2) Restoration.--Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) (including any
regulations promulgated under that Act), the Secretary of the
Interior or the Secretary of Agriculture, as applicable, may
authorize, with respect to a river segment designated by the
amendment made by paragraph (1), an activity or a project,
the primary purpose of which is--
(A) river restoration;
(B) the recovery of a species listed as endangered or
threatened under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(C) restoring ecological and hydrological function.
(3) Updates to land and resource management plans.--
(A) In general.--Except as provided in subparagraph (B),
not later than 3 years
[[Page S4583]]
after the date of enactment of this Act, the Secretary of
Agriculture shall, with respect to the designations made
under paragraph (1) on lands under the jurisdiction of the
Secretary, incorporate such designations into updated
management plans for units of the National Forest System in
accordance with applicable laws (including regulations).
(B) Exception.--The date specified in subparagraph (A)
shall be 5 years after the date of enactment of this Act if
the Secretary of Agriculture--
(i) is unable to meet the requirement under that
subparagraph by the date specified in such subparagraph; and
(ii) not later than 3 years after the date of enactment of
this Act, includes in the Department of Agriculture annual
budget submission to Congress a request for additional sums
as may be necessary to meet the requirement of that
subparagraph.
(C) Comprehensive management plan requirements.--Updated
management plans under subparagraph (A) or (B) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
(c) Existing Rights and Withdrawal.--
(1) In general.--In accordance with section 12(b) of the
Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in
this section or the amendment made by subsection (b)(1)
affects or abrogates existing rights, privileges, or
contracts held by private parties, nor does this section in
any way modify or direct the management, acquisition, or
disposition of land managed by the Washington Department of
Natural Resources on behalf of the State of Washington.
(2) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by this section and the amendment made by
subsection (b)(1) is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(d) Treaty Rights.--Nothing in this section alters,
modifies, diminishes, or extinguishes the reserved treaty
rights of any Indian Tribe with hunting, fishing, gathering,
and cultural or religious rights as protected by a treaty.
______
SA 2261. Mr. REED (for himself, Mr. Young, Mr. Coons, and Mrs. Hyde-
Smith) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle K of title V, add the following:
SEC. 599C. INTERAGENCY COUNCIL ON SERVICE.
(a) Establishment of Interagency Council on Service.--
(1) Establishment.--
(A) In general.--There is established an Interagency
Council on Service (in this section referred to as the
``Council'').
(B) Functions.--The Council shall--
(i) advise the President with respect to promoting,
strengthening, and expanding opportunities for military
service, national service, and public service for all people
of the United States; and
(ii) review, assess, and coordinate holistic recruitment
strategies and initiatives of the executive branch to foster
an increased sense of service and civic responsibility among
all people of the United States and to explore ways of
enhancing connectivity of interested applicants to national
service programs and opportunities.
(2) Composition.--
(A) Membership.--The Council shall be composed of such
officers and employees of the Federal Government as the
President may designate, including not less than 1 such
officer or employee the appointment of whom as such officer
or employee was made by the President by and with the advice
and consent of the Senate.
(B) Chair.--The President shall annually designate to serve
as the Chair of the Council a member of the Council under
subparagraph (A), the appointment of whom as an officer or
employee of the Federal Government was made by the President
by and with the advice and consent of the Senate.
(C) Meetings.--The Council shall meet on a quarterly basis
or more frequently as the Chair of the Council may direct.
(3) Responsibilities of the council.--The Council shall--
(A) assist and advise the President in the establishment of
strategies, goals, objectives, and priorities to promote
service and civic responsibility among all people of the
United States;
(B) develop and recommend to the President common
recruitment strategies and outreach opportunities for
increasing the participation, and propensity of people of the
United States to participate, in military service, national
service, and public service in order to address national
security and domestic investment;
(C) serve as a forum for Federal officials responsible for
military service, national service, and public service
programs to, as feasible and practicable--
(i) coordinate and share best practices for service
recruitment; and
(ii) develop common interagency, cross-service initiatives
and pilots for service recruitment;
(D) lead a strategic, interagency coordinated effort on
behalf of the Federal Government to develop joint awareness
and recruitment, retention, and marketing initiatives
involving military service, national service, and public
service;
(E) consider approaches for assessing impacts of service on
the needs of the United States and individuals participating
in and benefitting from such service;
(F) consult, as the Council considers advisable, with
representatives of non-Federal entities, including State,
local, and Tribal governments, State and local educational
agencies, State Service Commissions, institutions of higher
education, nonprofit organizations, faith-based
organizations, philanthropic organizations, and the private
sector, in order to promote and develop initiatives to foster
and reward military service, national service, and public
service;
(G) not later than 2 years after the date of enactment of
this Act, and quadrennially thereafter, prepare and submit to
the President and Congress a Service Strategy, which shall
set forth--
(i) a review of programs and initiatives of the Federal
Government relating to the mandate of the Council;
(ii) a review of Federal Government online content relating
to the mandate of the Council, including user experience with
such content;
(iii) current and foreseeable trends for service to address
the needs of the United States;
(iv) recommended service recruitment strategies and
branding opportunities to address outreach and communication
deficiencies identified by the Council; and
(v) to the extent practical, a joint service messaging
strategy for military service, national service, and public
service;
(H) identify any notable initiatives by State, local, and
Tribal governments and by public and nongovernmental entities
to increase awareness of and participation in national
service programs; and
(I) perform such other functions as the President may
direct.
(b) Joint Market Research to Advance Military and National
Service.--
(1) Program authorized.--The Secretary of Defense, the
Chief Executive Officer of the Corporation for National and
Community Service, and the Director of the Peace Corps may
carry out a joint market research, market studies,
recruiting, and advertising program to complement the
existing programs of the military departments, the national
service programs administered by the Corporation, and the
Peace Corps.
(2) Information sharing permitted.--Section 503 of title
10, United States Code, shall not be construed to prohibit
sharing of information among, or joint marketing efforts of,
the Department of Defense, the Corporation for National and
Community Service, and the Peace Corps to carry out this
subsection.
(c) Transition Opportunities for Military Servicemembers
and National Service Participants.--
(1) Employment assistance.--Section 1143(c)(1) of title 10,
United States Code, is amended by inserting ``the Corporation
for National and Community Service,'' after ``State
employment agencies,''.
(2) Employment assistance, job training assistance, and
other transitional services: department of labor.--Section
1144 of title 10, United States Code, is amended--
(A) in subsection (b), by adding at the end the following:
``(11) Provide information on public service opportunities,
training on public service job recruiting, and the advantages
of careers with the Federal Government.''; and
(B) in subsection (f)(1)(D)--
(i) by redesignating clause (v) as clause (vi); and
(ii) by inserting after clause (iv) the following:
``(v) National and community service, taught in conjunction
with the Chief Executive Officer of the Corporation for
National and Community Service.''.
(3) Authorities and duties of the chief executive
officer.--Section 193A(b) of the National and Community
Service Act of 1990 (42 U.S.C. 12651d(b)) is amended--
(A) in paragraph (24), by striking ``and'' at the end;
(B) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(26) ensure that individuals completing a partial or full
term of service in a program under subtitle C or E or part A
of title I of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4951 et seq.) receive information about military and
public service opportunities for which they may qualify or in
which they may be interested.''.
(d) Joint Report to Congress on Initiatives to Integrate
Military and National Service.--
(1) Reporting requirement.--Not later than 4 years after
the date of enactment of this Act and quadrennially
thereafter, the Chair of the Interagency Council on Service,
in coordination with the Secretary of Defense, the Chief
Executive Officer of the Corporation for National and
Community Service, and the Director of the Peace Corps,
[[Page S4584]]
shall submit a joint report on cross-service marketing,
research, and promotion to Congress, including
recommendations for increasing joint advertising and
recruitment initiatives for the Armed Forces, programs
administered by the Corporation for National and Community
Service, and the Peace Corps.
(2) Contents of report.--Each report under paragraph (1)
shall include the following:
(A) The number of Peace Corps volunteers and participants
in national service programs administered by the Corporation
for National and Community Service, who previously served as
a member of the Armed Forces.
(B) The number of members of the Armed Forces who
previously served in the Peace Corps or in a program
administered by the Corporation for National and Community
Service.
(C) An assessment of existing (as of the date of the report
submission) joint recruitment and advertising initiatives
undertaken by the Department of Defense, the Peace Corps, or
the Corporation for National and Community Service.
(D) An assessment of the feasibility and cost of expanding
such existing initiatives.
(E) An assessment of ways to improve the ability of the
reporting agencies to recruit individuals from the other
reporting agencies.
(F) A description of the information and data used to
develop any initiative or campaign intended to advance
military service or national service, including with respect
to any activity carried out under subsection (b).
(3) Consultation.--The Chair of the Interagency Council on
Service, the Secretary of Defense, the Chief Executive
Officer of the Corporation for National and Community
Service, and the Director of the Peace Corps shall undertake
studies of recruiting efforts that are necessary to carry out
the provisions of this subsection. Such studies may be
conducted using any funds appropriated to those entities
under Federal law other than this Act.
(e) Reports to Congress on Lessons Learned Regarding
Retention and Recruitment.--The Chair of the Interagency
Council on Service shall--
(1) conduct a study on--
(A) the effectiveness of past advertising campaigns for
military service, national service, and public service; and
(B) the role of vaccine requirements on the retention and
recruitment of individuals for military service, national
service, and public service; and
(2) not later than 270 days after the date of enactment of
this Act, submit a report on the findings of and lessons
learned from the study under paragraph (1) to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(f) Definitions.--In this section:
(1) Interagency council on service.--The term ``Interagency
Council on Service'' means the Interagency Council on Service
established by subsection (a)(1).
(2) Military department.--The term ``military department''
means each of the military departments listed in section 102
of title 5, United States Code.
(3) Military service.--The term ``military service'' means
active service (as defined in subsection (d)(3) of section
101 of title 10, United States Code) or active status (as
defined in subsection (d)(4) of such section) in one of the
Armed Forces (as defined in subsection (a)(4) of such
section).
(4) National service.--The term ``national service'' means
participation, other than military service or public service,
in a program that--
(A) is designed to enhance the common good and meet the
needs of communities, the States, or the United States;
(B) is funded or facilitated by--
(i) an institution of higher education as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001); or
(ii) the Federal Government or a State, Tribal, or local
government; and
(C) is a program authorized in--
(i) the Peace Corps Act (22 U.S.C. 2501 et seq.);
(ii) section 171 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3226) relating to the YouthBuild
Program;
(iii) the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4950 et seq.); or
(iv) the National and Community Service Act of 1990 (42
U.S.C. 12501 et seq.).
(5) Public service.--The term ``public service'' means
civilian employment in the Federal Government or a State,
Tribal, or local government.
(6) Service.--The term ``service'' means a personal
commitment of time, energy, and talent to a mission that
contributes to the public good by protecting the Nation and
the citizens of the United States, strengthening communities,
States, or the United States, or promoting the general social
welfare.
(7) State service commission.--The term ``State Service
Commission'' means a State Commission on National and
Community Service maintained by a State pursuant to section
178 of the National and Community Service Act of 1990 (42
U.S.C. 12638).
(g) No Additional Funds.--No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
(h) Gao Report.--Not later than 30 months after the date of
enactment of this Act, the Comptroller General of the United
States shall report to Congress on the effectiveness of this
section and the amendments made by this section.
______
SA 2262. Mr. WHITEHOUSE (for himself, Mr. Cassidy, and Mr. King)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Combatting Cross-Border Financial Crime
SEC. 1095. SHORT TITLE.
This subtitle may be cited as the ``Combating Cross-border
Financial Crime Act of 2024''.
SEC. 1095A. ESTABLISHMENT OF CROSS-BORDER FINANCIAL CRIME
CENTER.
The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended
by inserting after section 631 (19 U.S.C. 1631) the
following:
``SEC. 632. ESTABLISHMENT OF CROSS-BORDER FINANCIAL CRIME
CENTER.
``(a) Establishment.--The Secretary of Homeland Security,
acting through the Executive Associate Director of Homeland
Security Investigations, shall--
``(1) establish the Cross-Border Financial Crime Center (in
this section referred to as the `Center'), which shall be
located in the National Capital region (as defined in section
8702 of title 40, United States Code); and
``(2) appoint a Director to serve as the head of the Center
(in this section referred to as the `Director').
``(b) Duties.--
``(1) In general.--The Center shall--
``(A) support, through the provision of analysts,
equipment, and other resources, the investigation and seizure
of assets and proceeds (as those terms are used in section
981 of title 18, United States Code) related to trade-based
money laundering and other illicit cross-border financial
activity or attempted illicit cross-border financial
activity, to, from, or through the United States, including
such activity conducted by actors determined by the Secretary
of State, the Attorney General, the Secretary of the
Treasury, and the Secretary of Homeland Security to be the
highest priority threats, including--
``(i) transnational criminal organizations;
``(ii) kleptocrats and oligarchs with respect to whom the
United States has imposed sanctions;
``(iii) professional money laundering organizations; and
``(iv) persons knowingly enabling criminal or corrupt
activity, including designated non-financial businesses and
professions;
``(B) coordinate with the Deputy Directors appointed under
subsection (c) and the heads of other relevant Federal
agencies to better ensure uniform training is provided to
Federal, State, local, and Tribal law enforcement agencies in
the United States and foreign law enforcement agencies to
address the vulnerabilities outlined in the National Money
Laundering Risk Assessment, published by the Department of
the Treasury in February 2022, or any successor document;
``(C) coordinate with such agencies to develop metrics to
assess whether the training described in subparagraph (B)
improved enforcement of anti-money laundering laws;
``(D) leverage existing, lawfully obtained, government data
sources to establish a means to receive, collect, track,
analyze, and deconflict information regarding illicit cross-
border financial activity from United States and foreign law
enforcement agencies and other non-Federal sources;
``(E) coordinate with the Deputy Directors appointed under
subsection (c) and relevant components of their agencies,
including the Financial Crimes Enforcement Network, to
disseminate information, on a rolling basis, regarding trends
and techniques involved in illicit cross-border financial
activity to other Federal agencies, private sector
stakeholders, and foreign law enforcement partners, as
appropriate;
``(F) coordinate with the offices of United States
attorneys in order to develop expertise in, and assist with,
the investigation and prosecution of crimes involving trade-
based money laundering and other illicit cross-border
financial activity; and
``(G) carry out such other duties as the Executive
Associate Director may assign.
``(2) Supplement not supplant.--The duties described in
paragraph (1) shall supplement, not supplant, the work of
existing Federal agencies, task forces, and working groups.
``(c) Deputy Directors.--The Attorney General, the
Secretary of the Treasury (acting through the Director of the
Financial Crimes Enforcement Network), and the Secretary of
State shall each appoint a Deputy Director to assist the
Director.
``(d) Coordination With Other Agencies.--
``(1) In general.--In carrying out the duties described in
subsection (b), the Director shall coordinate with the
Federal entities specified in paragraph (2), and to the
extent practicable, with the State, local, and Tribal
entities specified in paragraph (3) to ensure at least part-
time representation, in the
[[Page S4585]]
form of detailees, in the Center of at least one agent or
analyst with expertise in countering cross-border illicit
finance, including trade-based money laundering, from each
such entity.
``(2) Federal entities specified.--The Federal entities
specified in this paragraph are the following:
``(A) The Department of the Treasury and the following
components of the Department:
``(i) The Financial Crimes Enforcement Network.
``(ii) The Office of Foreign Assets Control.
``(iii) The Office of the Comptroller of the Currency.
``(iv) The Office of Technical Assistance.
``(v) Internal Revenue Service Criminal Investigation.
``(vi) The Small Business/Self Employed Division of the
Internal Revenue Service.
``(B) The Department of Justice and the following
components of the Department:
``(i) The Criminal Division.
``(ii) The Drug Enforcement Administration.
``(iii) The Federal Bureau of Investigation.
``(iv) Task Force KleptoCapture.
``(C) The Department of State and the following components
of the Department:
``(i) The Bureau of International Narcotics and Law
Enforcement Affairs.
``(ii) The Bureau of Western Hemisphere Affairs.
``(iii) The Bureau of African Affairs.
``(iv) The Bureau of East Asian and Pacific Affairs.
``(v) The Bureau of European and Eurasian Affairs.
``(vi) The Bureau of Near Eastern Affairs.
``(vii) The Bureau of South and Central Asian Affairs.
``(viii) The Bureau of Economic and Business Affairs.
``(ix) The Bureau of Diplomatic Security.
``(D) The following components of the Department of
Homeland Security:
``(i) U.S. Customs and Border Protection.
``(ii) The United States Secret Service.
``(iii) The National Intellectual Property Rights
Coordination Center.
``(iv) The Trade Transparency Units program of U.S.
Immigration and Customs Enforcement.
``(v) The Bulk Cash Smuggling Center of U.S. Immigration
and Customs Enforcement.
``(vi) The Cyber Crimes Center of Homeland Security
Investigations.
``(E) The National Security Agency.
``(F) The United States Postal Inspection Service.
``(G) The Department of Commerce.
``(H) The Department of Defense.
``(I) The Office of the United States Trade Representative.
``(J) The Board of Governors of the Federal Reserve System.
``(K) The Commodity Futures Trading Commission.
``(L) The Securities and Exchange Commission.
``(M) The Federal Trade Commission.
``(N) The Federal Deposit Insurance Corporation.
``(O) The National Credit Union Administration.
``(3) State, local, and tribal entities specified.--The
State, local, and Tribal entities specified in this paragraph
are the following:
``(A) Any State bank supervisor (as that term is defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)) that the Executive Associate Director considers
appropriate.
``(B) Any State credit union supervisor (as that term is
used in the Federal Credit Union Act (12 U.S.C. 1751 et
seq.)) that the Executive Associate Director considers
appropriate.
``(C) Any State, local, and Tribal law enforcement agency
that the Executive Associate Director considers appropriate.
``(4) Supplement not supplant.--The coordination described
in paragraph (1) shall supplement, not supplant, the work of
existing Federal agencies, task forces, and working groups.
``(e) Private Sector Outreach.--
``(1) In general.--The Director, in coordination with the
Deputy Directors appointed under subsection (c) by the
Attorney General and the Secretary of the Treasury, shall
work with the Federal entities specified in subsection (d)(2)
to conduct outreach to private sector entities in the United
States in order to exchange information, in real-time or as
soon as practicable, with respect to tactics and trends being
used to conduct illicit cross-border financial activity,
including such activity that involves corruption,
international commercial trade and counterfeit products, bulk
cash smuggling, the illicit use of digital assets or digital
currencies and the dark web, and financial institutions and
designated nonfinancial businesses and professions.
``(2) Training and technical assistance.--In order to
coordinate public and private sector efforts to combat the
tactics and trends described in paragraph (1), the Director,
in coordination with the Deputy Directors appointed under
subsection (c) by the Attorney General and the Secretary of
the Treasury, shall provide training and technical
assistance, as appropriate, regarding best practices for--
``(A) identifying, reporting, and protecting against money
laundering; and
``(B) maintaining sensitive financial information, which
may include suspicious activity reports and currency
transaction reports.
``(3) Supplement not supplant.--The activities described in
paragraphs (1) and (2) shall supplement, not supplant, the
work of existing Federal agencies, task forces, and working
groups.
``(f) International Outreach.--
``(1) In general.--The Secretary of State, acting through
the Assistant Secretary of State for International Narcotics
and Law Enforcement Affairs, shall coordinate with the
Director of the Center and the Deputy Directors of the Center
appointed under subsection (c) by the Attorney General and
the Secretary of the Treasury to facilitate capacity building
and perform outreach to law enforcement agencies of countries
that are partners of the United States and foreign private
industry stakeholders by developing and providing specialized
training and information-sharing opportunities regarding
illicit cross-border financial activity, including such
activity that involves corruption, international commercial
trade and counterfeit products, bulk cash smuggling, the
illicit use of digital assets or digital currencies and the
dark web, and financial institutions and designated
nonfinancial businesses and professions.
``(2) Coordination.--In carrying out paragraph (1) in a
country, the Secretary of State, acting through the Assistant
Secretary of State for International Narcotics and Law
Enforcement Affairs, and in coordination with the Director of
the Center and the Deputy Directors of the Center appointed
under subsection (c) by the Attorney General and the
Secretary of the Treasury, shall establish and maintain
relationships with--
``(A) officials from law enforcement agencies, regulatory
authorities, customs authorities, financial intelligence
units, and ministries of finance in that country; and
``(B) private industry stakeholders in that country,
including commercial and financial industry stakeholders most
commonly impacted by illicit cross-border financial activity.
``(3) Supplement not supplant.--The activities described in
paragraph (1) shall supplement, not supplant, international
training conducted by other Federal agencies.
``(4) Information sharing.--To the extent practicable and
consistent with other provisions of law, the Secretary of
State, acting through the Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs, shall
work with the Director and, as appropriate, the Deputy
Directors appointed under subsection (c), to strengthen
international cooperation and information-sharing agreements
with law enforcement agencies of countries that are partners
of the United States regarding combating illicit cross-border
financial activity, including through the enhancement and
expansion of Trade Transparency Units under section 633.
``(g) Report Required.--
``(1) In general.--Not less frequently than annually, the
Director shall submit to the appropriate congressional
committees a report detailing the latest trends and
techniques utilized to facilitate illicit cross-border
financial activity.
``(2) Elements.--The report required by paragraph (1) shall
include--
``(A) an assessment of the training provided to United
States and foreign law enforcement agencies under subsection
(b)(1)(B), based upon the metrics developed under subsection
(b)(1)(C);
``(B) a summary of the activities conducted pursuant to
subsections (d), (e), and (f);
``(C) the number and status of investigations supported by
the Center, unless the disclosure of such information would
reveal information protected by rule 6(e) of the Federal
Rules of Criminal Procedure or a court order;
``(D) the amount of money and other assets of value in
various forms that the United States Government seized as a
result of such investigations; and
``(E) the countries with which the Center has established
information-sharing agreements.
``(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include information
that is classified or law enforcement sensitive in an annex.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Homeland Security to establish and
maintain the Center--
``(A) $6,200,000 for fiscal year 2025; and
``(B) such sums as may be necessary for each of fiscal
years 2026 through 2030.
``(2) Prohibition on use of funds.--None of the funds
authorized to be appropriated pursuant to the authorization
of appropriations under paragraph (1) may be obligated or
expended to carry out civil immigration enforcement or
removal activities.
``(i) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Caucus on International Narcotics Control, the
Committee on Finance, the Committee on Banking, Housing, and
Urban Affairs, the Committee on the Judiciary, and the
Committee on Foreign Relations of the Senate; and
``(B) the Committee on Ways and Means, the Committee on
Financial Services, the Committee on the Judiciary, and the
Committee on Foreign Affairs of the House of Representatives.
``(2) Trade-based money laundering.--The term `trade-based
money laundering' means the process of disguising the
proceeds of
[[Page S4586]]
crime by moving such proceeds through the use of trade
transactions in an attempt to legitimize the illegal origin
of such proceeds or to finance criminal activities.
``(3) United states.--The term `United States' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands, and any
federally recognized tribe (as defined in section 4(3)(B) of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4103(13)(B))).''.
SEC. 1095B. TRADE TRANSPARENCY UNITS PROGRAM.
The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended
by inserting after section 632 the following:
``SEC. 633. TRADE TRANSPARENCY UNITS PROGRAM.
``(a) Establishment of Program.--The Secretary of Homeland
Security, acting through the Executive Associate Director of
Homeland Security Investigations, shall establish a program
under which Trade Transparency Units are established with
foreign countries.
``(b) Purposes.--The purposes of Trade Transparency Units
established under subsection (a) are--
``(1) to combat transnational criminal organizations,
kleptocrats and oligarchs with respect to whom the United
States has imposed sanctions, professional money laundering
organizations, and other criminal or corrupt actors or
enablers of criminal or corrupt activity; and
``(2) to prevent such persons from exploiting the
international trade and financial infrastructures to finance
criminal acts, evade sanctions or export controls, or launder
criminal or corrupt proceeds, by--
``(A) developing relationships with foreign law enforcement
agencies and customs authorities; and
``(B) working through the Department of State to strengthen
international cooperation and facilitate information-sharing
agreements with foreign countries that provide for the
exchange of import and export data with agencies of those
countries, and as appropriate, other United States agencies,
which can be used to investigate and prosecute international
money laundering and illicit trade cases.
``(c) Establishment and Composition of Units.--
``(1) Establishment of units.--The Executive Associate
Director, in consultation with the Secretary of State, may
establish Trade Transparency Units in--
``(A) countries in which money laundering is prevalent;
``(B) countries in which corruption is prevalent;
``(C) countries that conduct a high volume of trade with
the United States;
``(D) countries that have inconsistent trade figures or
high incidences of illicit trade;
``(E) trade corridors in which one country has a currency
restriction in place;
``(F) countries that have been identified as having
substantial volumes of suspicious financial transactions,
based on data obtained under subchapter II of chapter 53 of
title 31, United States Code; or
``(G) countries for which the Executive Associate Director,
in consultation with the Secretary of State, determines that
a Trade Transparency Unit would support the purposes of the
Trade Transparency Units program under this section.
``(2) Requirements.--
``(A) In general.--Before establishing a Trade Transparency
Unit in a country after the date of the enactment of the
Combating Cross-border Financial Crime Act of 2024, the
Executive Associate Director shall--
``(i) ensure the United States and the government of the
country have an active Customs Mutual Assistance Agreement in
place;
``(ii) conduct a risk-based assessment to determine whether
the country meets the criteria described in any of
subparagraphs (A) through (F) of paragraph (1); and
``(iii) work with the United States embassy in the country
to establish a trade data exchange agreement or memorandum of
understanding with the government of the country that
includes, to the greatest extent practicable, language to
provide for the sharing of foreign import and export data
with relevant United States agencies.
``(B) Transition rule.--The requirements under subparagraph
(A) do not apply with respect to a Trade Transparency Unit
established before the date of the enactment of the Combating
Cross-border Financial Crime Act of 2024.
``(3) Composition.--A Trade Transparency Unit may be
comprised of personnel from--
``(A) Homeland Security Investigations;
``(B) other Federal agencies, as appropriate; and
``(C) foreign law enforcement agencies, as appropriate and
pursuant to a trade data exchange agreement or memorandum of
understanding described in paragraph (2)(C).
``(d) Operation.--After a trade data exchange agreement or
memorandum of understanding described in subsection
(c)(2)(A)(iii) is signed with a country, the Executive
Associate Director, in consultation with the Secretary of
State, may assign Homeland Security Investigations criminal
investigators to the country to provide training and
technical assistance to the country in order to
operationalize and maintain a Trade Transparency Unit in that
country.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Homeland Security $4,100,000 for each of
fiscal years 2025 through 2030 to establish and maintain
Trade Transparency Units.
``(2) Prohibition on use of funds.--None of the funds
authorized to be appropriated pursuant to the authorization
of appropriations under paragraph (1) may be obligated or
expended to carry out civil immigration enforcement or
removal activities.''.
SEC. 1095C. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF
BARRIERS TO HARMONIZING DATA SYSTEMS OF CERTAIN
LAW ENFORCEMENT AGENCIES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report detailing the statutory, technical, and
security barriers to harmonizing the data systems of relevant
law enforcement agencies, including the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, the Federal Bureau of
Investigation, the Drug Enforcement Administration, the
United States Secret Service, the Diplomatic Security
Service, the Financial Crimes Enforcement Network, and U.S.
Customs and Border Protection, to improve data access
necessary to facilitate trade-based money laundering
investigations.
(b) Assessment of New Technologies.--The report required by
subsection (a) shall include an assessment of the benefits
and feasibility of integrating new technologies, including
distributed ledger technology and quantum ledger technology,
into the processes of U.S. Customs and Border Protection and
the customs services of foreign jurisdictions with which the
United States has trade agreements in effect in order to
facilitate the immediate, secure, and complete transfer
between jurisdictions of lists of goods and related invoices
and bills of lading.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Caucus on International Narcotics Control, the
Committee on Finance, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on the Judiciary of the
Senate; and
(B) the Committee on Ways and Means, the Committee on
Financial Services, and the Committee on the Judiciary of the
House of Representatives.
(2) Trade-based money laundering.--The term ``trade-based
money laundering'' means the process of disguising the
proceeds of crime by moving such proceeds through the use of
trade transactions in an attempt to legitimize the illegal
origin of such proceeds or to finance criminal activities.
______
SA 2263. Mr. WHITEHOUSE (for himself and Mr. Cassidy) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--RISEE Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Reinvesting In
Shoreline Economies and Ecosystems Act of 2024'' or the
``RISEE Act of 2024''.
SEC. 1097. NATIONAL OCEANS AND COASTAL SECURITY FUND; PARITY
IN OFFSHORE WIND REVENUE SHARING.
(a) Definitions in the National Oceans and Coastal Security
Act.--Section 902 of the National Oceans and Coastal Security
Act (16 U.S.C. 7501) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).''; and
(2) by striking paragraph (7) and inserting the following:
``(7) Tidal shoreline.--The term `tidal shoreline' means
the length of tidal shoreline or Great Lake shoreline based
on the most recently available data from or accepted by the
Office of Coast Survey of the National Oceanic and
Atmospheric Administration.''.
(b) National Oceans and Coastal Security Fund.--Section 904
of the National Oceans and Coastal Security Act (16 U.S.C.
7503) is amended--
(1) in subsection (a), by inserting ``and manage'' after
``establish'';
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) In general.--The Fund shall consist of such amounts
as--
``(A) are deposited in the Fund under subparagraph
(C)(ii)(II) of section 8(p)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(p)(2)); and
``(B) are appropriated or otherwise made available for the
Fund.'';
(3) by striking subsection (d) and inserting the following:
``(d) Expenditure.--
``(1) $34,000,000 or less.--If $34,000,000 or less is
deposited in, or appropriated or otherwise made available
for, the Fund for a fiscal year, in that fiscal year--
[[Page S4587]]
``(A) not more than 5 percent of such amounts may be used
by the Administrator and the Foundation for administrative
expenses to carry out this title; and
``(B) any remaining amounts shall be used only for the
award of grants under section 906(c).
``(2) More than $34,000,000.--If more than $34,000,000 is
deposited in, or appropriated or otherwise made available
for, the Fund for a fiscal year, in that fiscal year--
``(A) not more than 5 percent of such amounts may be used
by the Administrator and the Foundation for administrative
expenses to carry out this title;
``(B) not less than $34,000,000 shall be used for the award
of grants under section 906(c); and
``(C) of any amounts exceeding $34,000,000--
``(i) not more than 75 percent may be used for the award of
grants under section 906(b); and
``(ii) not more than 20 percent may be used for the award
of grants under section 906(c).
``(3) Division of amounts for administrative expenses.--The
amounts referred to in paragraphs (1)(A) and (2)(A) shall be
divided between the Administrator and the Foundation pursuant
to an agreement reached and documented by both the
Administrator and the Foundation.''; and
(4) in subsection (e)(2), by striking ``section 906(a)(1)''
and inserting ``section 906(a)''.
(c) Eligible Uses of Amounts in the National Oceans and
Coastal Security Fund.--Section 905 of the National Oceans
and Coastal Security Act (16 U.S.C. 7504) is amended to read
as follows:
``SEC. 905. ELIGIBLE USES.
``(a) In General.--Amounts in the Fund may be allocated by
the Administrator under section 906(b) and the Foundation, in
consultation with the Administrator, under section 906(c) to
support programs and activities intended to improve
understanding and use of ocean and coastal resources and
coastal infrastructure.
``(b) Programs and Activities.--The programs and activities
referred to in subsection (a) may include scientific research
related to changing environmental conditions, ocean observing
projects, efforts to enhance resiliency of infrastructure and
communities (including project planning and design), habitat
protection and restoration, monitoring and reducing damage to
natural resources and marine life (including birds, marine
mammals, and fish), and efforts to support sustainable
seafood production carried out by States, local governments,
Indian tribes, regional and interstate collaboratives (such
as regional ocean partnerships), nongovernmental
organizations, public-private partnerships, and academic
institutions.
``(c) Prohibition on Use of Funds for Litigation or Other
Purposes.--No funds made available under this title may be
used--
``(1) to fund litigation against the Federal Government; or
``(2) to fund the creation of national marine monuments,
marine protected areas, or marine spatial plans.''.
(d) Grants Under the National Oceans and Coastal Security
Act.--Section 906 of the National Oceans and Coastal Security
Act (16 U.S.C. 7505) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2);
(B) by striking ``(a) Administration of Grants.--'' and all
that follows through ``the following:'' and inserting the
following:
``(a) Administration of Grants.--Not later than 90 days
after funds are deposited in the Fund and made available to
the Administrator and the Foundation for administrative
purposes, the Administrator and the Foundation shall
establish the following:'';
(C) in subparagraph (A), by striking ``such subsections''
and inserting ``this section'';
(D) by striking subparagraph (B) and inserting the
following:
``(B) Selection procedures and criteria for the awarding of
grants under this section that require consultation with the
Administrator and the Secretary of the Interior.'';
(E) in subparagraph (C), by striking clause (ii) and
inserting the following:
``(ii) under subsection (c) to entities including States,
local governments, Indian tribes, regional and interstate
collaboratives (such as regional ocean partnerships),
nongovernmental organizations, public-private partnerships,
and academic institutions.'';
(F) in subparagraph (D), by striking ``Performance
accountability and monitoring'' and inserting ``Performance,
accountability, and monitoring'';
(G) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively, and moving such
paragraphs, as so redesignated, 2 ems to the left; and
(H) in paragraph (3), as so redesignated, by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
respectively, and moving such subparagraphs, as so
redesignated, 2 ems to the left;
(2) by striking subsection (b) and inserting the following:
``(b) Grants to Coastal States.--
``(1) In general.--The Administrator shall award grants to
coastal States as follows:
``(A) 70 percent of available amounts shall be allocated
equally among coastal States.
``(B) 15 percent of available amounts shall be allocated on
the basis of the ratio of tidal shoreline in a coastal State
to the tidal shoreline of all coastal States.
``(C) 15 percent of available amounts shall be allocated on
the basis of the ratio of population density of the coastal
counties of a coastal State to the average population density
of all coastal counties based on the most recent data
available from the Bureau of the Census.
``(2) Maximum allocation to states.--Notwithstanding
paragraph (1), not more than 5 percent of the total funds
distributed under this subsection may be allocated to any
single coastal State. Any amount exceeding that limitation
shall be redistributed equally among the remaining coastal
States.
``(3) Optional matching funds.--Each entity seeking to
receive a grant under this subsection is encouraged, but not
required, to demonstrate that funds of any amount are
available from non-Federal sources to supplement the amount
of the grant.''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``The Administrator and
the Foundation'' and inserting ``The Foundation, in
consultation with the Administrator,''; and
(B) by adding at the end the following:
``(3) Exclusion of funds from limitation.--The amount of a
grant awarded under this subsection shall not count toward
the limitation under subsection (b)(2) on funding to coastal
States through grants awarded under subsection (b).''.
(e) Annual Report on Operation of the National Oceans and
Coastal Security Fund.--Section 907(a) of the National Oceans
and Coastal Security Act (16 U.S.C. 7506(a)) is amended by
striking ``Subject to'' and all that follows through ``the
Foundation'' and inserting the following: ``Not later than 60
days after the end of each fiscal year, the Administrator and
the Foundation''.
(f) Repeal of Authorization of Appropriations for Fiscal
Years 2017, 2018, and 2019.--Section 908 of the National
Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed.
(g) Parity in Offshore Wind Revenue Sharing.--Section
8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(2)) is amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues for projects located within 3
nautical miles seaward of state submerged land.--The
Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues for offshore wind projects in
certain areas.--
``(i) Definitions.--In this subparagraph:
``(I) Covered offshore wind project.--The term `covered
offshore wind project' means a wind-powered electric
generation project in a lease area on the outer Continental
Shelf that is not wholly or partially located within an area
subject to subparagraph (B).
``(II) Eligible state.--The term `eligible State' means a
State a point on the coastline of which is located within 75
miles of the geographic center of a lease tract lying wholly
or partly within the area of the applicable covered offshore
wind project.
``(ii) Requirement.--Of the operating fees, rentals,
bonuses, royalties, and other payments that are paid to the
Secretary under subparagraph (A) from covered offshore wind
projects carried out under a lease entered into on or after
January 1, 2022--
``(I) 50 percent shall be deposited in the Treasury and
credited to miscellaneous receipts;
``(II) 12.5 percent shall be deposited in the National
Oceans and Coastal Security Fund established under section
904(a) of the National Oceans and Coastal Security Act (16
U.S.C. 7503(a)); and
``(III) 37.5 percent shall be deposited in a special
account in the Treasury, from which the Secretary shall
disburse to each eligible State an amount (based on a formula
established by the Secretary of the Interior by rulemaking
not later than 180 days after the date of enactment of the
Reinvesting In Shoreline Economies and Ecosystems Act of
2024) that is inversely proportional to the respective
distances between--
``(aa) the point on the coastline of each eligible State
that is closest to the geographic center of the applicable
leased tract; and
``(bb) the geographic center of the leased tract.
``(iii) Timing.--The amounts required to be deposited under
subclause (III) of clause (ii) for the applicable fiscal year
shall be made available in accordance with that item during
the fiscal year immediately following the applicable fiscal
year.
``(iv) Authorized uses.--
``(I) In general.--Subject to subclause (II), each State
shall use all amounts received under clause (ii)(III) in
accordance with all applicable Federal and State laws, only
for 1 or more of the following purposes:
``(aa) Projects and activities for the purposes of coastal
protection, including conservation, coastal restoration,
hurricane protection, and infrastructure directly affected by
coastal wetland losses.
``(bb) Mitigation of damage to fish, wildlife, or natural
resources, including through fisheries science and research.
``(cc) Implementation of a federally approved marine,
coastal, or comprehensive conservation management plan.
``(dd) Mitigation of the impact of outer Continental Shelf
activities through the funding of onshore infrastructure
projects, on the condition that the projects are not
primarily for entertainment purposes.
``(ee) Planning assistance and the administrative costs of
complying with this section.
[[Page S4588]]
``(II) Limitation.--Of the amounts received by a State
under clause (ii)(III), not more than 3 percent shall be used
for the purposes described in subclause (I)(ee).
``(v) Administration.--Subject to clause (vi)(III), amounts
made available under clause (ii) shall--
``(I) be made available, without further appropriation, in
accordance with this paragraph;
``(II) remain available until expended; and
``(III) be in addition to any amount appropriated under any
other Act.
``(vi) Reporting requirement for fiscal year 2023 and
thereafter.--
``(I) In general.--Beginning with fiscal year 2023, not
later than 180 days after the end of each fiscal year, each
eligible State that receives amounts under clause (ii)(III)
for the applicable fiscal year shall submit to the Secretary
a report that describes the use of the amounts by the
eligible State during the period covered by the report.
``(II) Public availability.--On receipt of a report under
subclause (I), the Secretary shall make the report available
to the public on the website of the Department of the
Interior.
``(III) Limitation.--If an eligible State that receives
amounts under clause (ii)(III) for the applicable fiscal year
fails to submit the report required under subclause (I) by
the deadline specified in that subclause, any amounts that
would otherwise be provided to the eligible State under
clause (ii)(III) for the succeeding fiscal year shall be
withheld for the succeeding fiscal year until the date on
which the report is submitted.
``(IV) Contents of report.--Each report required under
subclause (I) shall include, for each project funded in whole
or in part using amounts received under clause (ii)(III)--
``(aa) the name and description of the project;
``(bb) the amount received under clause (ii)(III) that is
allocated to the project; and
``(cc) a description of how each project is consistent with
the authorized uses under clause (iv)(I).
``(V) Clarification.--Nothing in this clause--
``(aa) requires or provides authority for the Secretary to
delay, modify, or withhold payment under clause (ii)(III),
other than for failure to submit a report as required under
this clause;
``(bb) requires or provides authority for the Secretary to
review or approve uses of funds reported under this clause;
``(cc) requires or provides authority for the Secretary to
approve individual projects that receive funds reported under
this clause;
``(dd) requires an eligible State to obtain the approval
of, or review by, the Secretary prior to spending funds
disbursed under clause (ii)(III);
``(ee) requires or provides authority for the Secretary to
issue guidance relating to the contents of, or to determine
the completeness of, the report required under this clause;
``(ff) requires an eligible State to obligate or expend
funds by a certain date; or
``(gg) requires or provides authority for the Secretary to
request an eligible State to return unobligated funds.''.
SEC. 1098. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES.
(a) Authorized Uses.--Section 105(d)(1)(D) of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109-432) is amended by inserting ``, on the
condition that the projects are not primarily for
entertainment purposes'' after ``infrastructure projects''.
(b) Administration.--Section 105(e) of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432) is amended, in the matter preceding paragraph (1),
by striking ``Amounts'' and inserting ``Subject to subsection
(g)(3), amounts''.
(c) Elimination of Limitation on Amount of Distributed
Qualified Outer Continental Shelf Revenues.--Section 105(f)
of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C.
1331 note; Public Law 109-432) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``and'' after the
semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C); and
(2) in paragraph (2), by striking ``2055'' and inserting
``2022''.
(d) Reporting Requirements.--Section 105 of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note;
Public Law 109-432) is amended by adding at the end the
following:
``(g) Reporting Requirement for Fiscal Year 2023 and
Thereafter.--
``(1) In general.--Beginning with fiscal year 2023, not
later than 180 days after the end of each fiscal year, each
Gulf producing State that receives amounts under subsection
(a)(2)(A) for the applicable fiscal year shall submit to the
Secretary a report that describes the use of the amounts by
the Gulf producing State during the period covered by the
report.
``(2) Public availability.--On receipt of a report under
paragraph (1), the Secretary shall make the report available
to the public on the website of the Department of the
Interior.
``(3) Limitation.--If a Gulf producing State that receives
amounts under subsection (a)(2)(A) for the applicable fiscal
year fails to submit the report required under paragraph (1)
by the deadline specified in that paragraph, any amounts that
would otherwise be provided to the Gulf producing State under
subsection (a)(2)(A) for the succeeding fiscal year shall be
withheld for the succeeding fiscal year until the date on
which the report is submitted.
``(4) Contents of report.--Each report required under
paragraph (1) shall include, for each project funded in whole
or in part using amounts received under subsection
(a)(2)(A)--
``(A) the name and description of the project;
``(B) the amount received under subsection (a)(2)(A) that
is allocated to the project; and
``(C) a description of how each project is consistent with
the authorized uses under subsection (d)(1).
``(5) Clarification.--Nothing in this clause--
``(A) requires or provides authority for the Secretary to
delay, modify, or withhold payment under subsection
(a)(2)(A), other than for failure to submit a report as
required under this subsection;
``(B) requires or provides authority for the Secretary to
review or approve uses of funds reported under this
subsection;
``(C) requires or provides authority for the Secretary to
approve individual projects that receive funds reported under
this subsection;
``(D) requires a Gulf producing State to obtain the
approval of, or review by, the Secretary prior to spending
funds disbursed under subsection (a)(2)(A);
``(E) requires or provides authority for the Secretary to
issue guidance relating to the contents of, or to determine
the completeness of, the report required under this
subsection;
``(F) requires a Gulf producing State to obligate or expend
funds by a certain date; or
``(G) requires or provides authority for the Secretary to
request a Gulf producing State to return unobligated
funds.''.
SEC. 1099. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE
MINERAL LEASING ACT.
(a) In General.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended--
(1) in subsection (a), in the first sentence, by striking
``and, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in paragraph (3)(B)(ii) of subsection (b) (as so
redesignated), by striking ``subsection (d)'' and inserting
``subsection (c)''; and
(5) in paragraph (3)(A)(ii) of subsection (c) (as so
redesignated), by striking ``subsection (c)(2)(B)'' and
inserting ``subsection (b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to the
provisions of section 35(b) of the Mineral Leasing Act (30
U.S.C. 191(b)), all'' and inserting ``All''; and
(B) in the second sentence, by striking ``of the Act of
February 25, 1920 (41 Stat. 450; 30 U.S.C. 191),'' and
inserting ``of the Mineral Leasing Act (30 U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended, in the second sentence of the
matter preceding paragraph (1), by striking ``the provisions
of subsection (b) of section 35 of the Mineral Leasing Act
(30 U.S.C. 191(b)) and section 5(a)(2) of this Act'' and
inserting ``section 5(a)(2)''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
(A) in the first sentence, by striking ``this Section'' and
inserting ``this section''; and
(B) by striking the fourth, fifth, and sixth sentences.
______
SA 2264. Mr. WHITEHOUSE (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND
CORRUPTION.
Section 101 of the National Security Act of 1947 (50 U.S.C.
3021) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``; and'' and inserting a
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) assess the national security implications of foreign
corruption and kleptocracy (including strategic corruption)
and coordinate, without assuming operational authority, the
United States Government efforts to counter foreign
corruption and kleptocracy.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
[[Page S4589]]
``(h) Coordinator for Combating Foreign Kleptocracy and
Corruption.--
``(1) In general.--The President shall designate an officer
of the National Security Council to be responsible for--
``(A) the assessment of the national security implications
of foreign corruption and kleptocracy (including strategic
corruption); and
``(B) the coordination of the interagency process to
counter foreign corruption and kleptocracy.
``(2) Responsibilities.--In addition to the coordination
and assessment described in paragraph (1), the officer
designated pursuant to paragraph (1) shall be responsible for
the following:
``(A) Coordinating and deconflicting anti-corruption and
counter-kleptocracy initiatives across the Federal
Government, including those at the Department of State, the
Department of the Treasury, the Department of Justice, and
the United States Agency for International Development.
``(B) Informing deliberations of the Council by
highlighting the wide-ranging and destabilizing effects of
corruption on a variety of issues, including drug
trafficking, arms trafficking, sanctions evasion, cybercrime,
voting rights and global democracy initiatives, and other
matters of national security concern to the Council.
``(C) Updating, as appropriate, and coordinating the
implementation of the United States strategy on countering
corruption.
``(3) Coordination with coordinator for combating malign
foreign influence operations and campaigns.--The officer
designated under paragraph (1) of this subsection shall
coordinate with the employee designated under subsection
(g)(1).
``(4) Liaison.--The officer designated under paragraph (1)
shall serve as a liaison, for purposes of coordination
described in such paragraph and paragraph (2)(A), with the
following:
``(A) The Department of State.
``(B) The Department of the Treasury.
``(C) The Department of Justice.
``(D) The intelligence community.
``(E) The United States Agency for International
Development.
``(F) Any other Federal agency that the President considers
appropriate.
``(G) Good government transparency groups in civil society.
``(5) Congressional briefing.--
``(A) In general.--Not less frequently than once each year,
the officer designated pursuant to paragraph (1), or the
officer's designee, shall provide to the congressional
committees specified in subparagraph (B) a briefing on the
responsibilities and activities of the officer designated
under this subsection.
``(B) Committees specified.--The congressional committees
specified in this subparagraph are the following:
``(i) The Committee on Foreign Relations and the Caucus on
International Narcotics Control of the Senate.
``(ii) The Committee on Foreign Affairs of the House of
Representatives.''.
______
SA 2265. Mr. CORNYN (for himself and Ms. Hassan) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1014. PILOT PROJECTS ALLOWING ADDITIONAL TECHNOLOGY
PROVIDERS TO PARTICIPATE IN INSPECTING CARS,
TRUCKS, AND CARGO CONTAINERS AT CERTAIN PORTS
OF ENTRY.
(a) Short Titles.--This section may be cited as the
``Contraband Awareness Technology Catches Harmful Fentanyl
Act'' or the ``CATCH Fentanyl Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(2) Artificial intelligence; ai.--The terms ``artificial
intelligence'' and ``AI'' have the meaning given the term
``artificial intelligence'' in section 238(g) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 4061 note).
(3) CBP innovation team.--The term ``CBP Innovation Team''
means the U.S. Customs and Border Protection Innovation Team
within the Office of the Commissioner.
(4) Nonintrusive inspection technology; nii technology.--
The terms ``nonintrusive inspection technology'' and ``NII
technology'' means technical equipment and machines, such as
X-ray or gamma-ray imaging equipment, that allow cargo
inspections without the need to open the means of transport
and unload the cargo.
(5) Pilot projects.--The term ``pilot projects'' means the
projects required under section 3(a) for testing and
assessing the use of technologies to improve the inspection
process at land ports of entry.
(c) Establishment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through CBP Innovation Team, and in
coordination with the Office of Field Operations and the
Department of Homeland Security Science and Technology
Directorate, shall begin the implementation of pilot projects
for testing and assessing the use of technologies or
technology enhancements to improve the process for
inspecting, including by increasing efficiencies of such
inspections, any conveyance or mode of transportation at land
ports of entry along the borders of the United States. The
technologies or technology enhancements tested and assessed
under the pilot projects shall be for the purpose of
assisting U.S. Customs and Border Protection personnel to
detect contraband, illegal drugs, illegal weapons, human
smuggling, and threats on inbound and outbound traffic, in
conjunction with the use of imaging equipment, radiation
portal monitors, and chemical detectors.
(2) Requirements.--
(A) In general.--In implementing the pilot projects at
ports of entry, the CBP Innovation Team, in coordination with
the Department of Homeland Security Science and Technology
Directorate, shall test and collect data regarding not fewer
than 5 types of nonintrusive inspection technology
enhancements that can be deployed at land ports of entry. The
CBP Innovation Team shall test technology enhancements from
not fewer than 1 of the following categories:
(i) Artificial intelligence.
(ii) Machine learning.
(iii) High-performance computing.
(iv) Quantum information sciences, including quantum
sensing.
(v) Other emerging technologies.
(B) Identification of effective enhancements.--The pilot
projects shall identify the most effective types of
technology enhancements to improve the capabilities of
nonintrusive inspection systems and other inspection systems
used at land ports of entry based on--
(i) the technology enhancement's ability to assist U.S.
Customs and Border Protection accurately detect contraband,
illegal drugs, illegal weapons, human smuggling, or threats
in inbound and outbound traffic;
(ii) the technology enhancement's ability to increase
efficiencies of inspections to assist U.S. Customs and Border
Protection address long wait times;
(iii) the technology enhancement's ability to improve
capabilities of aging detection equipment and infrastructure
at land ports of entry;
(iv) the technology enhancement's safety relative to As Low
As Reasonably Achievable (ALARA) standard practices;
(v) the ability to integrate the new technology into the
existing workflow and infrastructure;
(vi) the technology enhancement's ability to incorporate
automatic threat recognition technology using standard
formats and open architecture;
(vii) the mobility of technology enhancements; and
(viii) other performance measures identified by the CBP
Innovation Team.
(C) Private sector involvement.--The CBP Innovation Team
may solicit input from representatives of the private sector
regarding commercially viable technologies.
(D) Cost effectiveness requirement.--In identifying the
most effective types of technology enhancements under
subparagraph (B), the pilot projects shall prioritize
solutions that demonstrate the highest cost-effectiveness in
achievement the objectives described in clauses (i) through
(ix) of subparagraph (B). Cost effectiveness shall account
for improved detection capabilities, increased inspection
efficiencies, reduced wait times, and total cost of
implementation (including infrastructure upgrades and
maintenance expenses).
(3) Nonintrusive inspection systems program.--The CBP
Innovation Team shall work with existing nonintrusive
inspection systems programs within U.S. Customs and Border
Protection when planning and developing the pilot projects
required under paragraph (1).
(4) Data privacy protection.--In implementing the pilot
projects and utilizing new technologies, the Secretary of
Homeland Security shall safeguard the privacy and security of
personal data collected during inspections through
appropriate measures, including by--
(A) adhering to relevant privacy laws and regulations;
(B) implementing data anonymization techniques, if
applicable; and
(C) conducting regular audits to assess compliance with
data privacy standards.
(5) Science and technology directorate.--The CBP Innovation
Team shall work with the Department of Homeland Security
Science and Technology Directorate to align existing
nonintrusive inspection research and development efforts
within the Science and Technology Directorate when planning
and developing pilot projects required under paragraph (1).
(d) Termination.--The pilot projects shall terminate on the
date that is 5 years after the date of the enactment of this
Act.
(e) Reports Required.--Not later than 3 years after the
date of the enactment of this Act, and 180 days after the
termination of the pilot projects pursuant to subsection (d),
the Secretary of Homeland Security shall submit a report to
the appropriate congressional committees that contains--
[[Page S4590]]
(1) an analysis of the effectiveness of technology
enhancements tested based on the requirements described in
subsection (c)(2);
(2) any recommendations from the testing and analysis
concerning the ability to utilize such technologies at all
land ports of entry;
(3) a plan to utilize new technologies that meet the
performance goals of the pilot projects across all U.S.
Customs and Border Protection land ports of entry at the
border, including total costs and a breakdown of the costs of
such plan, including any infrastructure improvements that may
be required to accommodate recommended technology
enhancements;
(4) a comprehensive list of existing technologies owned and
utilized by U.S. Customs and Border protection for cargo and
vehicle inspection, including--
(A) details on the implementation status of such
technologies, such as whether the technologies have been
fully installed and utilized, or whether there are challenges
with the installation and utilization of the technology;
(B) an evaluation of the compatibility, interoperability,
and scalability of existing cargo and vehicle inspection
technologies within U.S. Customs and Border Protection's
physical and information technology infrastructure; and
(C) identification of any obstacles to the effective
deployment and integration of such technologies; and
(5) the analysis described in subsection (f).
(f) Areas of Analysis.--The report required under
subsection (e) shall include an analysis containing--
(1) quantitative measurements of performance based on the
requirements described in subsection (c)(2) of each
technology tested compared with the status quo to reveal a
broad picture of the performance of technologies and
technology enhancements, such as--
(A) the probability of detection, false alarm rate, and
throughput; and
(B) an analysis determining whether such observed
performance represents a significant increase, decrease, or
no change compared with current systems;
(2) an assessment of the relative merits of each such
technology;
(3) any descriptive trends and patterns observed; and
(4) performance measures for--
(A) the technology enhancement's ability to assist with the
detection of contraband on inbound and outbound traffic
through automated (primary) inspection by measuring and
reporting the probability of detection and false alarm rate
for each NII system under operational conditions;
(B) the throughput of cargo through each NII system with a
technology enhancement, including a breakdown of the time
needed for U.S. Customs and Border Protection--
(i) to complete the image review process and clear low-risk
shipments; and
(ii) to complete additional inspections of high-risk items;
(C) changes in U.S. Customs and Border Protection officer
time commitments and personnel needs to sustain high volume
NII scanning operations when technology enhancements are
utilized; and
(D) operational costs, including--
(i) estimated implementation costs for each NII system with
technology enhancements; and
(ii) estimated cost savings due to improved efficiency due
to technology enhancements, if applicable.
(g) Privacy and Civil Liberties Reports.--The Secretary of
Homeland Security, in consultation with the CBP Innovation
Team and other appropriate offices, shall--
(1) prior to the implementation of these technologies,
provide--
(A) a report or reports to the appropriate congressional
committees on the potential privacy, civil liberties, and
civil rights impacts of technologies being tested under the
pilot projects pursuant to this section, including an
analysis of the impacts of the technology enhancements on
individuals crossing the United States border; and
(B) recommendations for mitigation measures to address
identified impacts; and
(2) not later than 180 days after the termination of the
pilot projects pursuant to subsection (d), provide--
(A) findings on the impacts to privacy, civil rights, and
civil liberties resulting from the pilot projects;
(B) recommendations for mitigating these impacts in
implementation of approved technologies; and
(C) any additional recommendations based on the lessons
learned from the pilot projects.
(h) Prohibition on New Appropriations.--No additional funds
are authorized to be appropriated to carry out this section.
______
SA 2266. Mr. CORNYN (for himself, Mr. Peters, Mr. Kelly, Mrs.
Blackburn, and Ms. Sinema)
=========================== NOTE ===========================
On page S4590, July 11, 2024, in the middle column, the
following appears: By Mr. CORNYN (for himself, Mr. Kelly, Mrs.
Blackburn, and Ms. Sinema):
The online Record has been corrected to read: By Mr. CORNYN (for
himself, Mr. Peters, Mr. Kelly, Mrs. Blackburn, and Ms. Sinema):
========================= END NOTE =========================
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle E--SAFE Orbit Act
SEC. 1549. SHORT TITLE.
This subtitle may be cited as the ``Situational Awareness
of Flying Elements in Orbit Act'' or the ``SAFE Orbit Act''.
SEC. 1550. SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC
COORDINATION.
(a) In General.--The Secretary of Commerce shall facilitate
safe operations in space and encourage the development of
commercial space capabilities by acquiring and disseminating
unclassified data, analytics, information, and services on
space activities.
(b) Immunity.--The United States, any agencies and
instrumentalities thereof, and any individuals, firms,
corporations, and other persons acting for the United States,
including nongovernmental entities, shall be immune from any
suit in any court for any cause of action arising from the
provision or receipt of space situational awareness services
or information, whether or not provided in accordance with
this section, or any related action or omission.
(c) Acquisition of Data.--The Assistant Secretary of
Commerce for Space Commerce (established under section
50702(b) of title 51, United States Code, as amended by
section 1551) is authorized to acquire--
(1) data, analytics, information, and services, including
with respect to--
(A) location tracking data;
(B) positional and orbit determination information; and
(C) conjunction data messages; and
(2) such other data, analytics, information, and services
as the Secretary of Commerce determines necessary to avoid
collisions of space objects.
(d) Database on Satellite Location and Behavior.--The
Assistant Secretary of Commerce for Space Commerce shall
provide access for the public, at no charge, a fully updated,
unclassified database of information concerning space objects
and behavior that includes--
(1) the data and information acquired under subsection (c),
except to the extent that such data or information is
classified or a trade secret (as defined in section 1839 of
title 18, United States Code); and
(2) the provision of basic space situational awareness
services and space traffic coordination based on the data
referred to in paragraph (1), including basic analytics,
tracking calculations, and conjunction data messages.
(e) Basic Space Situational Awareness Services.--The
Assistant Secretary of Commerce for Space Commerce--
(1) shall provide to satellite operators, at no charge,
basic space situational awareness services, including the
data, analytics, information, and services described in
subsection (c);
(2) in carrying out paragraph (1), may not compete with
private sector space situational awareness products, to the
maximum extent practicable; and
(3) not less frequently than every 3 years, shall review
the basic space situational awareness services described in
paragraph (1) to ensure that such services provided by the
Federal Government do not compete with space situational
awareness services offered by the private sector.
(f) Requirements for Data Acquisition and Dissemination.--
In acquiring data, analytics, information, and services under
subsection (c) and disseminating data, analytics,
information, and services under subsections (d) and (e), the
Assistant Secretary of Commerce for Space Commerce shall--
(1) leverage commercial capabilities to the maximum extent
practicable;
(2) prioritize the acquisition of data, analytics,
information, and services from commercial industry located in
or licensed in the United States to supplement data collected
by United States Government agencies, including the
Department of Defense and the National Aeronautics and Space
Administration;
(3) appropriately protect proprietary data, information,
and systems of firms located in the United States, including
by using appropriate infrastructure and cybersecurity
measures, including measures set forth in the most recent
version of the Cybersecurity Framework, or successor
document, maintained by the National Institute of Standards
and Technology;
(4) facilitate the development of standardization and
consistency in data reporting, in collaboration with
satellite owners and operators, commercial space situational
awareness data and service providers, the academic community,
nonprofit organizations, and the Director of the National
Institute of Standards and Technology; and
(5) encourage foreign governments to participate in
unclassified data sharing arrangements for space situational
awareness and space traffic coordination.
(g) Other Transaction Authority.--In carrying out the
activities required by this section, the Secretary of
Commerce shall enter into such contracts, leases, cooperative
agreements, or other transactions as may be necessary.
(h) Space Object Defined.--In this section, the term
``space object'' means any object launched into space, or
created in space, robotically or by humans, including an
object's component parts.
SEC. 1551. OFFICE OF SPACE COMMERCE.
(a) Location of Office.--Subsection (a) of section 50702 of
title 51, United States Code, is amended by inserting before
the end period the following: ``, which, not later than 5
[[Page S4591]]
years after the date of the enactment of the SAFE Orbit Act,
shall organizationally reside within the Office of the
Secretary of Commerce''.
(b) Additional Functions of Office.--Subsection (c) of such
section is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) to perform space situational awareness and space
traffic management duties pursuant to the SAFE Orbit Act.''.
(c) Assistant Secretary of Commerce for Space Commerce.--
(1) In general.--Subsection (b) of such section is amended
to read as follows:
``(b) Assistant Secretary.--The Office shall be headed by
the Assistant Secretary of Commerce for Space Commerce, who
shall--
``(1) be appointed by the President, by and with the advice
and consent of the Senate;
``(2) report directly to the Secretary of Commerce; and
``(3) have a rate of pay that is equal to the rate payable
for level IV of the Executive Schedule under section 5315 of
title 5.''.
(2) Conforming amendments.--
(A) Section 50702(d) of title 51, United States Code, is
amended--
(i) in the subsection heading, by striking ``Director'' and
inserting ``Assistant Secretary''; and
(ii) in the matter preceding paragraph (1), by striking
``Director'' and inserting ``Assistant Secretary''.
(B) Section 5315 of title 5, United States Code, is amended
by striking ``Assistant Secretaries of Commerce (11)'' and
inserting ``Assistant Secretaries of Commerce (12)''.
(3) References.--On and after the date of the enactment of
this Act, any reference in any law or regulation to the
Director of the Office of Space Commerce shall be deemed to
be a reference to the Assistant Secretary of Commerce for
Space Commerce.
(d) Transition Report.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Commerce
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a
report that sets forth transition and continuity of
operations plans for the functional and administrative
transfer of the Office of Space Commerce from the National
Oceanic and Atmospheric Administration to the Office of the
Secretary of Commerce.
______
SA 2267. Mr. CORNYN (for himself, Mr. Coons, Mr. Cassidy, and Ms.
Cortez Masto) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. CONDITIONAL TERMINATION OF THE UNITED STATES-
PEOPLE'S REPUBLIC OF CHINA INCOME TAX
CONVENTION.
(a) In General.--The Secretary of the Treasury shall
provide written notice to the People's Republic of China
through diplomatic channels of the United States' intent to
terminate the United States-The People's Republic of China
Income Tax Convention, done at Beijing April 30, 1984 and
entered into force January 1, 1987, as provided by Article 28
of the Convention, not later than 30 days after the President
notifies the Secretary of the Treasury that the People's
Liberation Army has initiated an armed attack against the
Republic of China (commonly known as ``Taiwan'').
(b) Congressional Notification.--The President shall submit
written notification of a termination described in subsection
(a) to--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Finance of the Senate.
______
SA 2268. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--OHKAY OWINGEH RIO CHAMA WATER RIGHTS SETTLEMENT
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Ohkay Owingeh Rio Chama
Water Rights Settlement Act of 2024''.
SEC. 5002. PURPOSES.
The purposes of this division are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Rio Chama Stream System in
the State for--
(A) Ohkay Owingeh; and
(B) the United States, acting as trustee for Ohkay Owingeh;
(2) to authorize, ratify, and confirm the Agreement entered
into by Ohkay Owingeh, the State, and various other parties
to the extent that the Agreement is consistent with this
division;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry out the
Agreement in accordance with this division; and
(4) to authorize funds necessary for the implementation of
the Agreement and this division.
SEC. 5003. DEFINITIONS.
In this division:
(1) Adjudication.--The term ``Adjudication'' means the
general stream adjudication of water rights in the Rio Chama
Stream System entitled ``State of New Mexico ex rel. State
Engineer v. Aragon'', Civil No. 69-CV-07941-KWR/KK, pending,
as of the date of enactment of this Act, in the United States
District Court for the District of New Mexico.
(2) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Ohkay Owingeh Rio Chama Water
Rights Settlement'' and dated July 5, 2023, and the exhibits
attached thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an exhibit
thereto) that is executed to ensure that the Agreement is
consistent with this division.
(3) Bosque.--The term ``bosque'' means a gallery forest
located along the riparian floodplain of a stream, riverbank,
or lake.
(4) City of espanola.--The term ``City of Espanola'' means
a municipal corporation of the State.
(5) Enforceability date.--The term ``Enforceability Date''
means the date described in section 5008.
(6) Ohkay owingeh; pueblo.--The terms ``Ohkay Owingeh'' and
``Pueblo'' mean the body politic and federally recognized
Indian nation.
(7) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the United
States District Court for the District of New Mexico with
respect to the water rights of Ohkay Owingeh in the Rio Chama
Stream System--
(A) that is substantially in the form described in the
Agreement, as amended to ensure consistency with this
division; and
(B) from which no further appeal may be taken.
(8) Pueblo grant.--The term ``Pueblo Grant'' means the land
recognized and confirmed by the Federal patent issued to
Ohkay Owingeh (then known as the ``Pueblo of San Juan'')
under the Act of December 22, 1858 (11 Stat. 374, chapter V).
(9) Pueblo land.--The term ``Pueblo Land'' means any real
property that is--
(A) held by the United States in trust for Ohkay Owingeh
within the Rio Chama Stream System;
(B) owned by the Pueblo within the Rio Chama Stream System
before the Enforceability Date; or
(C) acquired by the Pueblo within the Rio Chama Stream
System on or after the Enforceability Date if the real
property is located--
(i) within the exterior boundaries of the Pueblo Grant; or
(ii) within the exterior boundaries of any territory set
aside for the Pueblo by law, Executive order, or court
decree.
(10) Pueblo water rights.--The term ``Pueblo Water Rights''
means the water rights of Ohkay Owingeh in the Rio Chama
Stream System--
(A) as identified in the Agreement and section 5005; and
(B) as confirmed in the Partial Final Judgment and Decree.
(11) Rio chama stream system.--The term ``Rio Chama Stream
System'' means the Rio Chama surface water drainage basin
within the State, as illustrated in Exhibit A to the
Agreement.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(13) Signatory acequia.--The term ``Signatory Acequia''
means an acequia that is a signatory to the Agreement.
(14) State.--The term ``State'' means the State of New
Mexico.
(15) Trust fund.--The term ``Trust Fund'' means the Ohkay
Owingeh Water Rights Settlement Trust Fund established under
section 5006(a).
SEC. 5004. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this division, and
to the extent that the Agreement does not conflict with this
division, the Agreement is authorized, ratified, and
confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any exhibit to the Agreement requiring the signature of the
Secretary, is executed in accordance with this division to
make the Agreement consistent with this division, the
amendment is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this division, the Secretary shall execute the
Agreement, including all exhibits thereto or parts of the
Agreement requiring the signature of the Secretary.
[[Page S4592]]
(2) Modifications.--Nothing in this division prohibits the
Secretary, after execution of the Agreement, from approving
any modification to the Agreement, including an exhibit to
the Agreement, that is consistent with this division, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
division, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) all other applicable Federal environmental laws and
regulations.
(2) Compliance and coordination.--
(A) In general.--In implementing the Agreement and this
division, the Pueblo shall prepare any necessary
environmental documents consistent with--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation required under
subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(C) Coordination with army corps of engineers.--For any
bosque restoration or improvement project carried out by the
Pueblo with funds appropriated under this division, the
Pueblo shall coordinate with the Corps of Engineers to ensure
that work on the project shall not interfere with or
adversely affect any authorized Federal project that is under
the jurisdiction and authority of the Corps of Engineers.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance and coordination activities under this
subsection shall be paid from funds deposited in the Trust
Fund, subject to the condition that any costs associated with
the performance of Federal approval or other review of that
compliance work or costs associated with inherently Federal
functions shall remain the responsibility of the Secretary,
with the exception that costs for review of bosque
restoration or improvement projects by the Corps of Engineers
described in paragraph (2)(C) shall be paid from funds
deposited in the Trust Fund.
SEC. 5005. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo
Water Rights shall be held in trust by the United States on
behalf of Ohkay Owingeh in accordance with the Agreement and
this division.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State law-based water rights.--State-law based water
rights acquired by Ohkay Owingeh, or by the United States on
behalf of Ohkay Owingeh, after the date for inclusion in the
Partial Final Judgment and Decree, shall not be subject to
forfeiture, abandonment, or permanent alienation from the
time they are acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be
subject to the terms and conditions of the Agreement and this
division.
(d) Authority of the Pueblo.--
(1) In general.--Ohkay Owingeh may allocate, distribute,
and lease the Pueblo Water Rights for use on Pueblo Land in
accordance with the Agreement, this division, and applicable
Federal law, including the Act of August 9, 1955 (25 U.S.C.
415 et seq.) (commonly known as the ``Long-Term Leasing
Act'').
(2) Use off pueblo land.--
(A) In general.--Ohkay Owingeh may allocate, distribute,
and lease the Pueblo Water Rights for use off Pueblo Land in
accordance with the Agreement, this division, and applicable
Federal law, subject to the approval of the Secretary.
(B) Maximum term of leases.--The maximum term of any lease,
including all renewals, under this paragraph shall not exceed
99 years.
(e) Administration.--
(1) No alienation.--The Pueblo shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this division for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this division shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Pueblo Water Rights.
SEC. 5006. SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust
fund, to be known as the ``Ohkay Owingeh Water Rights
Settlement Trust Fund'', to be managed, invested, and
distributed by the Secretary and to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury, consisting of the amounts deposited in the Trust
Fund under subsection (b), together with any investment
earnings, including interest, earned on those amounts for the
purpose of carrying out this division.
(b) Deposits.--The Secretary shall deposit in the Trust
Fund the amounts made available pursuant to section 5007(a).
(c) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Trust Fund under subsection (b), the Secretary shall manage,
invest, and distribute all amounts in the Trust Fund in a
manner that is consistent with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the amounts
deposited into the Trust Fund under subsection (b), any
investment earnings, including interest, earned on those
amounts held in the Trust Fund are authorized to be used in
accordance with subsections (e) and (g).
(d) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings (including
interest) earned on those amounts, shall be made available to
Ohkay Owingeh by the Secretary beginning on the
Enforceability Date, subject to the requirements of this
section, except for funds to be made available to Ohkay
Owingeh pursuant to paragraph (2).
(2) Use of funds.---Notwithstanding paragraph (1), not more
than $100,000,000 of the amounts deposited in the Trust Fund,
including any investment earnings, including interest, earned
on those amounts, shall be available to Ohkay Owingeh for the
following uses on the date on which the amounts are deposited
in the Trust Fund:
(A) Diversions of surface water and groundwater to the Rio
Chama bosque for immediate and essential restoration and
maintenance of the bosque.
(B) Fulfillment of the contribution of the Pueblo under the
Agreement for improvements to senior acequias on Pueblo Land
supplying water to the Pueblo and non-Indians.
(C) Establishment and operation of the water rights
management administrative department of the Pueblo.
(D) Acquisition of water rights.
(E) Development of water infrastructure plans, preparing
environmental compliance documents, and water project
engineering and construction.
(e) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Pueblo may withdraw any portion of the
amounts in the Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Pueblo in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
subparagraph (A) shall require that the Pueblo shall spend
all amounts withdrawn from the Trust Fund, and any investment
earnings (including interest) earned on those amounts through
the investments under the Tribal management plan, in
accordance with this division.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the Tribal management plan under
subparagraph (A) to ensure that amounts withdrawn by the
Pueblo from the Trust Fund under that subparagraph are used
in accordance with this division.
(2) Withdrawals under expenditure plan.--
(A) In general.--Ohkay Owingeh may submit to the Secretary
a request to withdraw funds from the Trust Fund pursuant to
an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw amounts under
an expenditure plan under subparagraph (A), the Pueblo shall
submit to the Secretary an expenditure plan for any portion
of the Trust Fund the Pueblo elects to withdraw pursuant to
that subparagraph, subject to the condition that the amounts
shall be used for the purposes described in this division.
(C) Inclusions.--An expenditure plan under subparagraph (A)
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Trust
Fund will be used by Ohkay Owingeh, in accordance with this
subsection and subsection (g).
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under subparagraph (A) if the Secretary
determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this division.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this
[[Page S4593]]
paragraph are used in accordance with this division.
(f) Effect of Section.--Nothing in this section gives Ohkay
Owingeh the right to judicial review of a determination of
the Secretary relating to whether to approve a Tribal
management plan under paragraph (1) of subsection (e) or an
expenditure plan under paragraph (2) of that subsection,
except under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(g) Uses.--The Trust Fund may only be used for the
following purposes:
(1) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, including for domestic and municipal
supply or wastewater infrastructure.
(2) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, acquisition of water, or on-farm
improvements for irrigation, livestock, and support of
agriculture.
(3) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, monitoring or other measures for watershed and
endangered species habitat protection, bosque restoration or
improvement (including any required cost shares for and
allowable contributions to a Federal project or program),
land and water rights acquisition, water-related Pueblo
community welfare and economic development, and costs
relating to implementation of the Agreement.
(4) The management and administration of any water rights
of the Pueblo.
(5) Ensuring environmental compliance in the development
and construction of projects under this division.
(h) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by
the Pueblo under paragraph (1) or (2) of subsection (e).
(i) Expenditure Reports.--Ohkay Owingeh shall annually
submit to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals
under a Tribal management plan or an expenditure plan under
paragraph (1) or (2) of subsection (e), as applicable.
(j) No Per Capita Distributions.--No portion of the Trust
Fund shall be distributed on a per capita basis to any member
of Ohkay Owingeh.
(k) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Trust Fund shall remain in Ohkay Owingeh, except that title
to projects that are improved with funds from the Trust Fund
for the mutual benefit of the Pueblo and non-Indians, on
property owned by non-Indians, shall remain with the
underlying non-Indian owner.
(l) Operation, Maintenance, and Replacement.--All
operation, maintenance, and replacement costs of any project
constructed using funds from the Trust Fund shall be the
responsibility of Ohkay Owingeh.
SEC. 5007. FUNDING.
(a) Mandatory Appropriations.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary for deposit in the
Trust Fund $745,000,000, to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amount appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs, as indicated by the Bureau of
Reclamation Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amount appropriated
under subsection (a) shall be adjusted to address
construction cost changes necessary to account for unforeseen
market volatility that may not otherwise be captured by
engineering cost indices, as determined by the Secretary,
including repricing applicable to the types of construction
and current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall
start on June 1, 2023, and end on the date on which the funds
are deposited in the Trust Fund.
(c) State Cost Share.--Pursuant to the Agreement, the State
shall contribute--
(1) $98,500,000, as adjusted for inflation pursuant to the
Agreement, for Signatory Acequias ditch improvements,
projects, and other purposes described in the Agreement;
(2) $32,000,000, as adjusted for inflation pursuant to the
Agreement, for the City of Espanola for water system
improvement projects; and
(3) $500,000, to be deposited in an interest-bearing
account, to mitigate impairment to non-Pueblo domestic and
livestock groundwater rights as a result of new Pueblo water
use.
SEC. 5008. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the
Secretary publishes in the Federal Register a statement of
findings that--
(1) to the extent that the Agreement conflicts with this
division, the Agreement has been amended to conform with this
division;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) the United States District Court for the District of
New Mexico has approved the Agreement and has entered a
Partial Final Judgment and Decree;
(4) all the amounts appropriated under section 5007(a) have
been appropriated and deposited in the Trust Fund;
(5) the State has--
(A) provided the funding under section 5007(c)(1) or
entered into a funding agreement with the intended
beneficiary for that funding;
(B) provided the funding under section 5007(c)(2) or
entered into a funding agreement with the intended
beneficiary for that funding;
(C) provided the funding under section 5007(c)(3) and
deposited that amount into the appropriate funding account;
and
(D) enacted legislation to amend State law to provide that
the Pueblo Water Rights may be leased for a term not to
exceed 99 years, including renewals; and
(6) the waivers and releases under section 5009 have been
executed by Ohkay Owingeh and the Secretary.
SEC. 5009. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Ohkay Owingeh and
United States as Trustee for Ohkay Owingeh.--Subject to the
reservation of rights and retention of claims under
subsection (d), as consideration for recognition of the
Pueblo Water Rights and other benefits described in the
Agreement and this division, Ohkay Owingeh and the United
States, acting as trustee for Ohkay Owingeh, shall execute a
waiver and release of all claims for--
(1) water rights within the Rio Chama Stream System that
Ohkay Owingeh, or the United States acting as trustee for
Ohkay Owingeh, asserted or could have asserted in any
proceeding, including the Adjudication, on or before the
Enforceability Date, except to the extent that such rights
are recognized in the Agreement and this division; and
(2) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including claims for injury to land resulting from such
damages, losses, injuries, interference, diversion, or taking
of water rights) in the Rio Chama Stream System that accrued
at any time up to and including the Enforceability Date.
(b) Waivers and Releases of Claims by Ohkay Owingeh Against
the United States.--Subject to the reservation of rights and
retention of claims under subsection (d), Ohkay Owingeh shall
execute a waiver and release of all claims against the United
States (including any agency or employee of the United
States) for water rights within the Rio Chama Stream System
first arising before the Enforceability Date relating to--
(1) water rights within the Rio Chama Stream System that
the United States, acting as trustee for Ohkay Owingeh,
asserted or could have asserted in any proceeding, including
the Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this
division;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Rio Chama Stream System;
(3) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of,
or taking of water, or claims relating to a failure to
protect, acquire, replace, or develop water, water rights, or
water infrastructure) within the Rio Chama Stream System;
(4) failure to establish or provide a municipal, rural, or
industrial water delivery system on Pueblo Land within the
Rio Chama Stream System;
(5) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land or Federal
land and facilities (including damages, losses, or injuries
to fish habitat, wildlife, and wildlife habitat) within the
Rio Chama Stream System;
(6) failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Rio Chama Stream System;
(7) failure to provide a dam safety improvement to a dam on
Pueblo Land within the Rio Chama Stream System;
(8) damage, loss, or injury to the bosque area of the Rio
Chama due to the construction, operation, and maintenance of
Abiquiu Dam and its associated infrastructure and resulting
Rio Chama flow management;
(9) the litigation of claims relating to any water right of
Ohkay Owingeh within the Rio Chama Stream System;
(10) the taking of the bosque property of the Pueblo within
the Pueblo Grant on the Rio Chama and Rio Grande as asserted
in Ohkay Owingeh v. United States, No. 22-1607L (Court of
Federal Claims);
(11) failure of the United States to acknowledge and
protect aboriginal rights to water in the Rio Chama Stream
System;
(12) the failure of the United States to develop the
irrigation water resources in the
[[Page S4594]]
Rio Chama Stream System on the Pueblo Grant, including
failure to--
(A) construct and deliver water through the Highline Canal;
(B) make improvements to the Chamita Ditch; and
(C) repurchase arable land unlawfully obtained by non-
Indians;
(13) the failure of the United States to prevent or remedy
non-Indians' trespass on or seizure of arable Pueblo lands in
the Rio Chama Stream System on the Pueblo Grant; and
(14) the negotiation, execution, or adoption of the
Agreement (including exhibits) and this division.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the
Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsections
(a) and (b), the Pueblo and the United States, acting as
trustee for Ohkay Owingeh, shall retain all claims relating
to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized
under the Agreement, this division, or the Partial Final
Judgment and Decree entered in the Adjudication;
(2) activities affecting the quality of water, including
claims under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) damage, loss, or injury to land or natural resources
that is not due to loss of water or water rights, including
hunting, fishing, gathering, or cultural rights;
(5) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
division or the Agreement; and
(6) loss of water or water rights in locations outside of
the Rio Chama Stream System.
(e) Effect of Agreement and Division.--Nothing in the
Agreement or this division--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, as sovereign,
to carry out any activity authorized by law, including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(E) any regulations implementing the Acts described in
subparagraphs (A) though (D);
(3) affects the ability of the United States to act as
trustee for the Pueblo (consistent with this division), any
other pueblo or Indian Tribe, or an allottee of any other
pueblo or Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law relating to health, safety, or
the environment;
(C) to conduct judicial review of any Federal agency
action; or
(D) to interpret Pueblo law; or
(5) waives any claim of a member of Ohkay Owingeh in an
individual capacity that does not derive from a right of the
Pueblo.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
Enforceability Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based
equitable defense under any other applicable law.
(g) Expiration.--
(1) In general.--This division shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 5008 by not later than--
(A) July 1, 2038; or
(B) such alternative later date as is agreed to by Ohkay
Owingeh and the Secretary, after providing reasonable notice
to the State.
(2) Consequences.--If this division expires under paragraph
(1)--
(A) the waivers and releases under subsections (a) and (b)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Agreement under section 5004 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this division
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
division, together with any interest earned on those funds,
and any water rights or contracts to use water and title to
other property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this division shall be returned to the Federal
Government, unless otherwise agreed to by Ohkay Owingeh and
the United States and approved by Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
division that were expended or withdrawn, or any funds made
available to carry out this division from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State asserted by--
(aa) Ohkay Owingeh; or
(bb) any user of the Pueblo Water Rights; or
(II) any other matter covered by subsection (b); or
(ii) in any future settlement of water rights of Ohkay
Owingeh.
SEC. 5010. SATISFACTION OF CLAIMS.
The benefits provided under this division shall be in
complete replacement of, complete substitution for, and full
satisfaction of any claim of Ohkay Owingeh against the United
States that is waived and released by Ohkay Owingeh pursuant
to section 5009(b).
SEC. 5011. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--
Nothing in this division waives the sovereign immunity of the
United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
division quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, pueblo, or community other than Ohkay Owingeh.
(c) Effect on Current Law.--Nothing in this division
affects any provision of law (including regulations) in
effect on the day before the date of enactment of this Act
with respect to pre-enforcement review of any Federal
environmental enforcement action.
(d) Conflict.--In the event of a conflict between the
Agreement and this division, this division shall control.
(e) Hold Harmless.--For any bosque restoration or
improvement project carried out by the Pueblo with funds
appropriated under this division, the Pueblo shall hold and
save the United States free from damages due to the
construction or operation and maintenance of the project.
SEC. 5012. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
division, including any obligation or activity under the
Agreement, if adequate appropriations are not provided
expressly by Congress to carry out the purposes of this
division.
______
SA 2269. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Zuni Indian Tribe Water
Rights Settlement Act of 2024''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Enforceability date.--The term ``Enforceability Date''
means the date described in section 5109.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Tribal water rights.--
(A) In general.--The term ``Tribal Water Rights'' means the
water rights of the Tribe in the Zuni River Stream System (as
defined in section 5102)--
(i) as identified in the Agreement and section 5104; and
(ii) as confirmed in the Partial Final Judgment and Decree
(as defined in section 5102).
(B) Exclusions.--The term ``Tribal Water Rights'' does not
include--
(i) any interest that the Tribe may have in an Allotment
(as defined in section 5102) that is determined by the
Secretary to be patented pursuant to section 1 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331)
(as in effect on the day before the date of enactment of the
Indian Land Consolidation Act Amendments of 2000 (Public Law
106-462; 114 Stat. 1991)); or
(ii) any undivided interest that the Tribe may have in an
Allotment (as so defined)
[[Page S4595]]
that is determined by the Secretary to be patented pursuant
to an authority other than section 1 of the Act of February
8, 1887 (commonly known as the ``Indian General Allotment
Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as in
effect on the day before the date of enactment of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-
462; 114 Stat. 1991)).
(5) Tribe.--The term ``Tribe'' means the Zuni Tribe of the
Zuni Reservation, a federally recognized Indian Tribe.
TITLE LI--ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT
SEC. 5101. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Zuni River Stream System in
the State for--
(A) the Tribe; and
(B) the United States, acting as trustee for the Tribe;
(2) to authorize, ratify, and confirm the Agreement entered
into by the Tribe, the State, and various other parties to
the extent that the Agreement is consistent with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry out the
Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 5102. DEFINITIONS.
In this title:
(1) Adjudication.--The term ``Adjudication'' means the
general adjudication of water rights entitled ``United States
v. A&R Production, et al.'', Civil No. 01-CV-00072, including
the subproceeding Civil No. 07-CV-00681, pending as of the
date of enactment of this Act in the United States District
Court for the District of New Mexico.
(2) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Settlement Agreement to
Quantify and Protect the Water Rights of the Zuni Indian
Tribe in the Zuni River Basin in New Mexico and to Protect
the Zuni Salt Lake'' and dated May 1, 2023, and the
attachments thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an attachment
thereto) that is executed to ensure that the Agreement is
consistent with this title.
(3) Allotment.--The term ``Allotment'' means--
(A) any of the 9 parcels on Zuni Lands that are held in
trust by the United States for individual Indians, or an
Indian Tribe holding an undivided fractional beneficial
interest, under the patents numbered 202394, 224251, 224252,
224667, 234753, 236955, 254124, 254125, and 254126; and
(B) any of the 6 parcels in the State off Zuni Lands that
are held in trust by the United States for individual
Indians, or an Indian Tribe holding an undivided fractional
beneficial interest, under the patents numbered 211719,
246362, 246363, 246364, 246365, and 247321.
(4) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding a beneficial interest in
an Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in an Allotment.
(5) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the United
States District Court for the District of New Mexico with
respect to the water rights of the Tribe--
(A) that is substantially in the form described in the
Agreement, as amended to ensure consistency with this title;
and
(B) from which no further appeal may be taken.
(6) Trust fund.--The term ``Trust Fund'' means the Zuni
Tribe Settlement Trust Fund established under section
5105(a).
(7) Zuni lands.--The term ``Zuni Lands'' means land within
the State that is held in trust by the United States for the
Tribe, or owned by the Tribe, at the time of filing of a
Motion for Entry of the Partial Final Judgment and Decree,
including the land withdrawn from sale and set apart as a
reservation or in trust for the use and occupancy of the
Tribe by--
(A) Executive Order of March 16, 1877 (relating to Zuni
Pueblo reserve), as amended by Executive Order of May 1, 1883
(relating to Zuni Reserve);
(B) Presidential Proclamation 1412, dated November 30,
1917;
(C) the Act of June 20, 1935 (49 Stat. 393, chapter 282);
(D) the Act of August 13, 1949 (63 Stat. 604, chapter 425);
and
(E) the Warranty Deed recorded on July 16, 1997, in Book 6,
Page 5885 of the Cibola County Records.
(8) Zuni river stream system.--The term ``Zuni River Stream
System'' means the Zuni River surface water drainage basin
identified in the order of the United States District Court
for the District of New Mexico in the Adjudication entitled
``Order on Special Master's Report re: Geographic Scope of
Adjudication, Docket 200'' and dated May 21, 2003.
SEC. 5103. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title, and to
the extent that the Agreement does not conflict with this
title, the Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any attachment to the Agreement requiring the signature of
the Secretary, is executed in accordance with this title to
make the Agreement consistent with this title, the amendment
is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all attachments to or parts of the
Agreement, requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving
any modification to the Agreement, including an attachment to
the Agreement, that is consistent with this title, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) all other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and this
title, the Tribe shall prepare any necessary environmental
documents, consistent with--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation required under
subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall
remain the responsibility of the Secretary.
SEC. 5104. TRIBAL WATER RIGHTS.
(a) Trust Status of the Tribal Water Rights.--The Tribal
Water Rights shall be held in trust by the United States on
behalf of the Tribe, in accordance with the Agreement and
this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Tribal Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--State-law based water
rights acquired by the Tribe, or by the United States on
behalf of the Tribe, after the date for inclusion in the
Partial Final Judgment and Decree shall not be subject to
forfeiture, abandonment, or permanent alienation from the
time those water rights are acquired.
(c) Use.--Any use of the Tribal Water Rights shall be
subject to the terms and conditions of the Agreement and this
title.
(d) Allotment Rights Not Included.--The Tribal Water Rights
do not include any water rights for an Allotment.
(e) Allottees Not Adversely Affected.--Nothing in this
title quantifies or diminishes any water right, or any claim
or entitlement to water, of an Allottee.
(f) Accounting for Allotment Uses.--Any use of water on an
Allotment shall be accounted for out of the Tribal Water
Rights recognized in the Agreement, including recognition
of--
(1) any water use existing on an Allotment as of the date
of enactment of this Act;
(2) reasonable domestic, stock, and irrigation water uses
put into use on an Allotment; and
(3) any water right decreed to the United States in trust
for an Allottee in the Adjudication for use on an Allotment.
(g) Allottee Water Rights.--The Tribe shall not object in
the Adjudication to the quantification of reasonable
domestic, stock, and irrigation water uses on an Allotment,
and shall administer any water use on Zuni Lands in
accordance with applicable Federal law, including recognition
of--
(1) any water use existing on an Allotment as of the date
of enactment of this Act;
(2) reasonable domestic, stock, and irrigation water uses
on an Allotment; and
(3) any water right decreed to the United States in trust
for an Allottee in the Adjudication.
(h) Authority of the Tribe.--
(1) In general.--The Tribe shall have the authority to
allocate, distribute, and lease
[[Page S4596]]
the Tribal Water Rights for use on Zuni Lands in accordance
with the Agreement, this title, and applicable Federal law,
including the first section of the Act of August 9, 1955 (69
Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the
``Long-Term Leasing Act'').
(2) Use off zuni lands.--
(A) In general.--The Tribe may allocate, distribute, and
lease the Tribal Water Rights for use off Zuni Lands in
accordance with the Agreement, this title, and applicable
Federal law, subject to the approval of the Secretary.
(B) Maximum term.--The maximum term of any lease, including
all renewals, under this paragraph shall not exceed 99 years.
(i) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal Water Rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Tribal Water Rights.
SEC. 5105. SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust
fund, to be known as the ``Zuni Tribe Settlement Trust
Fund'', to be managed, invested, and distributed by the
Secretary and to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury, consisting
of amounts deposited in the Trust Fund under subsection (c),
together with any investment earnings, including interest,
earned on those amounts, for the purpose of carrying out this
title.
(b) Trust Fund Accounts.--The Secretary shall establish in
the Trust Fund the following accounts:
(1) The Zuni Tribe Water Rights Settlement Trust Account.
(2) The Zuni Tribe Operation, Maintenance, & Replacement
Trust Account.
(c) Deposits.--The Secretary shall deposit in the Trust
Fund the amounts made available under section 5106(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Trust Fund under subsection (c), the Secretary shall manage,
invest, and distribute all amounts in the Trust Fund in a
manner that is consistent with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, earned on those amounts, held in the
Trust Fund are authorized to be used in accordance with
subsections (f) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, earned on those amounts, shall be made available to
the Tribe by the Secretary beginning on the Enforceability
Date, subject to the requirements of this section, except for
funds to be made available to the Tribe pursuant to paragraph
(2).
(2) Use of funds.--Notwithstanding paragraph (1),
$50,000,000 of the amounts deposited in the Trust Fund,
including any investment earnings, including interest, earned
on those amounts, shall be available to the Tribe for the
following uses on the date on which the amounts are deposited
in the Trust Fund:
(A) Developing economic water development plans.
(B) Preparing environmental compliance documents.
(C) Preparing water project engineering designs.
(D) Establishing and operating a water resource department.
(E) Installing groundwater wells on Zuni Lands to meet
immediate domestic, commercial, municipal, industrial,
livestock, or supplemental irrigation water needs.
(F) Urgent repairs to irrigation infrastructure.
(G) Acquiring land and water rights or water supply.
(H) Developing water measurement and reporting water use
plans.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Tribe may withdraw any portion of the
amounts in the Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Tribe in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the Tribe shall spend all
amounts withdrawn from the Trust Fund, and any investment
earnings, including interest, earned on those amounts,
through the investments under the Tribal management plan, in
accordance with this title.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the Tribal management plan under this
paragraph and to ensure that amounts withdrawn by the Tribe
from the Trust Fund under subparagraph (A) are used in
accordance with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Tribe may submit to the Secretary a
request to withdraw amounts from the Trust Fund pursuant to
an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw amounts under
an expenditure plan under subparagraph (A), the Tribe shall
submit to the Secretary an expenditure plan for any portion
of the Trust Fund the Tribe elects to withdraw pursuant to
that subparagraph, subject to the condition that the amounts
shall be used for the purposes described in this title.
(C) Inclusions.--An expenditure plan submitted under
subparagraph (A) shall include a description of the manner
and purpose for which the amounts proposed to be withdrawn
from the Trust Fund will be used by the Tribe, in accordance
with this subsection and subsection (h).
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under subparagraph (A) if the Secretary
determines that the expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this title.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary--
(i) to enforce an expenditure plan; and
(ii) to ensure that amounts withdrawn under this paragraph
are used in accordance with this title.
(g) Effect of Section.--Nothing in this section entitles
the Tribe the right to judicial review of a determination of
the Secretary relating to whether to approve the Tribal
management plan under paragraph (1) of subsection (f) or an
expenditure plan under paragraph (2) of that subsection,
except under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(h) Uses.--
(1) Zuni tribe water rights settlement trust account.--The
Zuni Tribe Water Rights Settlement Trust Account established
under subsection (b)(1) may only be used for the following
purposes:
(A) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, including for domestic and municipal
supply, or wastewater infrastructure.
(B) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, acquisition of water, or on-farm
improvements for irrigation, livestock, and support of
agriculture.
(C) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, monitoring, or other measures for watershed and
endangered species habitat protection and enhancement, land
and water rights acquisition, water-related Tribal community
welfare and economic development, and costs relating to the
implementation of the Agreement.
(D) Ensuring environmental compliance in the development
and construction of projects under this title.
(E) Tribal water rights management and administration.
(2) Zuni tribe operation, maintenance, & replacement trust
account.--The Zuni Tribe Operation, Maintenance, &
Replacement Trust Account established under subsection (b)(2)
may only be used to pay costs for operation, maintenance, and
replacement of water infrastructure to serve Tribal domestic,
commercial, municipal, industrial, irrigation, and livestock
water uses from any water source.
(i) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by
the Tribe under the Tribal management plan or an expenditure
plan under paragraph (1) or (2) of subsection (f),
respectively.
(j) Expenditure Reports.--The Tribe shall annually submit
to the Secretary an expenditure report describing amounts
spent from, and accomplishment from the use of, withdrawals
under the Tribal management plan or an expenditure plan under
paragraph (1) or (2) of subsection (f), respectively.
(k) No Per Capita Distributions.--No portion of the Trust
Fund shall be distributed on a per capita basis to any member
of the Tribe.
(l) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Trust Fund shall remain in the Tribe.
(m) Operation, Maintenance, and Replacement.--All
operation, maintenance, and replacement costs of any project
constructed using funds from the Trust Fund shall be the
responsibility of the Tribe.
[[Page S4597]]
SEC. 5106. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary--
(1) for deposit in the Zuni Tribe Water Rights Settlement
Trust Account established under section 5105(b)(1),
$655,500,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury; and
(2) for deposit in the Zuni Tribe Operation, Maintenance, &
Replacement Trust Account established under section
5105(b)(2), $29,500,000, to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amount appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs, as indicated by the Bureau of
Reclamation Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amount appropriated
under subsection (a) shall be adjusted to address
construction cost changes necessary to account for unforeseen
market volatility that may not otherwise be captured by
engineering cost indices, as determined by the Secretary,
including repricing applicable to the types of construction
and current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall
start on January 1, 2022, and end on the date on which the
funds are deposited in the Trust Fund.
(c) State Cost-share.--Pursuant to the Agreement, the State
shall contribute--
(1) $750,000, for development and execution of monitoring
plans pursuant to the Agreement; and
(2) $500,000, to be deposited in an interest-bearing
account, to mitigate impairment to non-Indian domestic and
livestock groundwater rights as a result of new Tribal water
use.
SEC. 5107. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Zuni Tribe and United
States as Trustee for Zuni Tribe.--Subject to the reservation
of rights and retention of claims under subsection (d), as
consideration for recognition of the Tribal Water Rights and
other benefits described in the Agreement and this title, the
Tribe and the United States, acting as trustee for the Tribe,
shall execute a waiver and release of all claims for--
(1) water rights within the Zuni River Stream System that
the Tribe, or the United States acting as trustee for the
Tribe, asserted or could have asserted in any proceeding,
including the Adjudication, on or before the Enforceability
Date, except to the extent that such rights are recognized in
the Agreement and this title; and
(2) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including claims for injury to land resulting from such
damages, losses, injuries, interference, diversion, or taking
of water rights) in the Zuni River Stream System against any
party to the Agreement that accrued at any time up to and
including the Enforceability Date.
(b) Waivers and Releases of Claims by Zuni Tribe Against
United States.--Subject to the reservation of rights and
retention of claims under subsection (d), the Tribe shall
execute a waiver and release of all claims against the United
States (including any agency or employee of the United
States) for water rights within the Zuni River Stream System
first arising before the Enforceability Date relating to--
(1) water rights within the Zuni River Stream System that
the United States, acting as trustee for the Tribe, asserted
or could have asserted in any proceeding, including the
Adjudication, except to the extent that such rights are
recognized as part of the Tribal Water Rights under this
title;
(2) foregone benefits from non-Indian use of water, on and
off Zuni Lands (including water from all sources and for all
uses), within the Zuni River Stream System;
(3) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of,
or taking of water, or claims relating to a failure to
protect, acquire, replace, or develop water, water rights, or
water infrastructure) within the Zuni River Stream System;
(4) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Zuni Lands within the
Zuni River Stream System;
(5) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Zuni Lands or Federal
land (including damages, losses, or injuries to fish habitat,
wildlife, and wildlife habitat) within the Zuni River Stream
System;
(6) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Zuni River Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Zuni Lands within the Zuni River Stream System;
(8) the litigation of claims relating to any water right of
the Tribe within the Zuni River Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the
Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsections
(a) and (b), the Tribe and the United States, acting as
trustee for the Tribe, shall retain all claims relating to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized
under the Agreement, this title, or the Partial Final
Judgment and Decree entered into in the Adjudication;
(2) activities affecting the quality of water, including
claims under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) damage, loss, or injury to land or natural resources
that is not due to loss of water or water rights, including
hunting, fishing, gathering, or cultural rights;
(5) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
title or the Agreement; and
(6) loss of water or water rights in locations outside of
the Zuni River Stream System.
(e) Effect of Agreement and Title.--Nothing in the
Agreement or this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, as sovereign,
to carry out any activity authorized by law, including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(E) any regulations implementing the Acts described in
subparagraphs (A) though (D);
(3) affects the ability of the United States to act as
trustee for the Tribe (consistent with this title), any other
Indian Tribe or Pueblo, or an allottee of any Indian Tribe or
Pueblo;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law regarding health, safety, or
the environment;
(C) to conduct judicial review of any Federal agency
action; or
(D) to interpret Tribal law; or
(5) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
Enforceability Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based
equitable defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 5109 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by the
Tribe and the Secretary, after providing reasonable notice to
the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a) and (b)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Agreement under section 5103 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this title
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
title (together with any interest earned on those funds), and
any water rights or contracts to use water, and title to any
property acquired or constructed with Federal funds
appropriated or
[[Page S4598]]
made available to carry out the activities authorized by this
title shall be returned to the Federal Government, unless
otherwise agreed to by the Tribe and the United States and
approved by Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
title that were expended or withdrawn, or any funds made
available to carry out this title from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State asserted by--
(aa) the Tribe; or
(bb) any user of the Tribal Water Rights; or
(II) any other matter described in subsection (b); or
(ii) in any future settlement of water rights of the Tribe.
SEC. 5108. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full
satisfaction of any claim of the Tribe against the United
States that is waived and released by the Tribe pursuant to
section 5107(b).
SEC. 5109. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the
Secretary publishes in the Federal Register a statement of
findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) the United States District Court for the District of
New Mexico has approved the Agreement and has entered a
Partial Final Judgment and Decree;
(4) all of the amounts appropriated under subsections (a)
and (b) of section 5106 have been appropriated and deposited
in the Zuni Tribe Water Rights Settlement Trust Account
established under section 5105(b)(1) or the Zuni Tribe
Operation, Maintenance, & Replacement Trust Account
established under section 5105(b)(2), as applicable;
(5) the State has--
(A) provided the funding under section 5106(c); and
(B) enacted legislation to amend State law to provide that
the Tribal Water Rights may be leased for a term of not to
exceed 99 years, including renewals; and
(6) the waivers and releases under section 5107 have been
executed by the Tribe and the Secretary.
SEC. 5110. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--
Nothing in this title waives the sovereign immunity of the
United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
title quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, Pueblo, or community other than the Tribe.
(c) Effect on Current Law.--Nothing in this title affects
any provision of law (including regulations) in effect on the
day before the date of enactment of this Act with respect to
pre-enforcement review of any Federal environmental
enforcement action.
(d) Conflict.--In the event of a conflict between the
Agreement and this title, this title shall control.
SEC. 5111. RELATION TO ALLOTTEES.
(a) No Effect on Claims of Allottees.--Nothing in this
division or the Agreement affects the rights or claims of
Allottees, or the United States, acting in its capacity as
trustee for or on behalf of Allottees, for water rights or
damages relating to land allotted by the United States to
Allottees.
(b) Relationship of Decree to Allottees.--
(1) Separate adjudication.--Regardless of whether an
Allotment is patented pursuant to section 1 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331)
(as in effect on the day before the date of enactment of the
Indian Land Consolidation Act Amendments of 2000 (Public Law
106-462; 114 Stat. 1991)), or section 4 of that Act (24 Stat.
389, chapter 119; 25 U.S.C. 334), as determined by the
Secretary, when adjudicated--
(A) water rights for Allotments shall be separate from the
Tribal Water Rights; and
(B) no water rights for Allotments shall be included in the
Partial Final Judgment and Decree.
(2) Allotment water rights.--Allotment water rights
adjudicated separately pursuant to paragraph (1) shall not be
subject to the restrictions or conditions that apply to the
use of the Tribal Water Rights, subject to the condition that
if an Allotment governed by the Act of February 8, 1887
(commonly known as the ``Indian General Allotment Act'') (24
Stat. 388, chapter 119; 25 U.S.C. 331 et seq.), becomes Zuni
Lands, the water rights associated with that Allotment shall
be subject to the restrictions and conditions on the Tribal
Water Rights set forth in this division and the Agreement.
(3) Allottee water rights to be adjudicated.--Allottees, or
the United States, acting in its capacity as trustee for
Allottees, may make water rights claims, and such claims may
be adjudicated in the Zuni River Stream System.
SEC. 5112. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
title, including any obligation or activity under the
Agreement, if adequate appropriations are not provided
expressly by Congress to carry out the purposes of this
title.
TITLE LII--ZUNI SALT LAKE AND SANCTUARY PROTECTION
SEC. 5201. DEFINITIONS.
In this title:
(1) Casual collecting.--The term ``casual collecting'' has
the meaning given the term in section 6301 of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 470aaa).
(2) Federal land.--The term ``Federal land'' means--
(A) any Federal land or interest in Federal land that is
within the boundary of the Zuni Salt Lake and Sanctuary; and
(B) any land or interest in land located within the
boundary of the Zuni Salt Lake and Sanctuary that is acquired
by the Federal Government after the date of enactment of this
Act.
(3) Map.--The term ``Map'' means the map entitled
``Legislative Map for Zuni Tribe Water Settlement'' and dated
June 17, 2024.
(4) Zuni salt lake and sanctuary.--The term ``Zuni Salt
Lake and Sanctuary'' means the approximately 217,037 acres
located in the State comprised of a mixture of private,
Tribal trust, State, and Bureau of Land Management-managed
lands, as depicted on the Map, protected by New Mexico Office
of the State Engineer Order No. 199 (July 5, 2023) due to the
historical and cultural significance of those lands.
SEC. 5202. WITHDRAWAL OF CERTAIN FEDERAL LAND IN NEW MEXICO.
(a) Withdrawal of Federal Land.--Subject to valid existing
rights and section 5204(a)(3), effective on the date of
enactment of this Act, the Federal land described in section
5201(2)(A), comprising approximately 92,364 acres, is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(b) Withdrawal of Land Acquired.--Subject to valid existing
rights and section 5204(a)(3), effective on the date on which
the land described in section 5201(2)(B) is acquired by the
Federal Government, that Federal land is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(c) Reservation.--The Federal land withdrawn under this
section is reserved for--
(1) the protection of the Zuni Salt Lake and Sanctuary;
(2) the quality and quantity of water resources that supply
the Zuni Salt Lake; and
(3) any cultural resources or values within or associated
with the Zuni Salt Lake and Sanctuary.
SEC. 5203. MANAGEMENT OF FEDERAL LAND.
(a) In General.--In addition to the requirements of section
5202, the Secretary, acting through the Director of the
Bureau of Land Management, shall manage the Federal land
withdrawn under that section in accordance with the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), in consultation with the Tribe, to protect the Zuni
Salt Lake and Sanctuary, the quality and quantity of water
resources that supply the Zuni Salt Lake, and any cultural
resources or values within or associated with the Zuni Salt
Lake and Sanctuary.
(b) Specific Restrictions.--The following restrictions
shall apply to the Federal land described in subsection (a):
(1) Except where needed for administrative or emergency
purposes, motor vehicle use shall be limited to designated
routes, which shall not impact the values of the Zuni Salt
Lake and Sanctuary.
(2) No water wells or extension or expansion of any
existing water wells may be authorized after the date of
enactment of this Act, except that replacement water wells
may be authorized in the event of failure of an existing
water well.
(3) No increase in existing permitted grazing use may be
authorized.
(4) No new rights-of-way or leases may be issued, except
for geophysical, geologic, or hydrologic operations limited
to research or monitoring to understand and protect the Zuni
Salt Lake or for regional scientific study.
(5) No sale or free use of timber may be authorized.
(6) Casual collecting shall not be authorized.
SEC. 5204. TRANSFER OF LAND INTO TRUST.
(a) Federal Land Transfers.--
(1) In general.--On the Enforceability Date, and subject to
valid existing rights and the requirements of this section,
the Secretary shall take into trust for the benefit of the
Tribe all right, title, and interest of the United States in
and to the land described as ``Tribal Acquisition Area'' on
the Map.
(2) Terms and conditions.--
(A) Existing authorizations.--
(i) In general.--Land taken into trust under this
subsection shall be subject to valid existing rights,
contracts, leases, permits, and rights-of-way, unless the
holder of
[[Page S4599]]
the right, contract, lease, permit, or right-of-way requests
an earlier termination in accordance with existing law.
(ii) Assumption by bureau of indian affairs.--The Bureau of
Indian Affairs shall--
(I) assume all benefits and obligations of the previous
land management agency under the existing rights, contracts,
leases, permits, and rights-of-way described in clause (i);
and
(II) disburse to the Tribe any amounts that accrue to the
United States from those rights, contracts, leases, permits,
and rights-of-way after the date on which the land is taken
into trust from any sale, bonus, royalty, or rental relating
to that land in the same manner as amounts received from
other land held by the Secretary in trust for the Tribe.
(B) Personal property.--
(i) In general.--Any improvements constituting personal
property (as defined by State law) belonging to the holder of
a right, contract, lease, permit, or right-of-way on land
taken into trust under this subsection shall--
(I) remain the property of the holder; and
(II) be removed from the land not later than 90 days after
the date on which the right, contract, lease, permit, or
right-of-way expires, unless the Tribe and the holder agree
otherwise.
(ii) Remaining property.--Any personal property described
in clause (i) remaining beyond the 90-day period described in
subclause (II) of that clause shall--
(I) become the property of the Tribe; and
(II) be subject to removal and disposition at the
discretion of the Tribe.
(iii) Liability of previous holder.--The holder of personal
property described in clause (i) shall be liable to the Tribe
for costs incurred by the Tribe in removing and disposing of
the property under clause (ii)(II).
(3) Termination of withdrawal of federal land.--The
withdrawal of Federal land pursuant to section 5202 shall
terminate, as to the land described in paragraph (1), on the
date on which the land is taken into trust under that
paragraph.
(4) Status of water rights on transferred land.--Any water
rights associated with land taken into trust under paragraph
(1)--
(A) shall be held in trust for the Tribe; but
(B) shall not be included in the Tribal Water Rights.
(b) Future Trust Land.--On acquisition by the Tribe of any
land depicted as ``Potential Future Acquisition Areas'' on
the Map, the Secretary shall take legal title in and to that
land into trust for the benefit of the Tribe, subject to the
conditions that--
(1) the land shall be free from any liens, encumbrances, or
other infirmities; and
(2) no evidence exists of any hazardous substances on, or
other environmental liability with respect to, the land.
SEC. 5205. MAPS AND LEGAL DESCRIPTIONS.
(a) Preparation of Maps and Legal Descriptions.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall--
(1) prepare maps depicting--
(A) the land withdrawn under section 5202; and
(B) the land taken into trust under section 5204; and
(2) publish in the Federal Register a notice containing the
legal descriptions of land described in subparagraphs (A) and
(B) of paragraph (1).
(b) Legal Effect.--Maps and legal descriptions prepared and
published under subsection (a) shall have the same force and
effect as if the maps and legal descriptions were included in
this title, except that the Secretary may correct any
clerical and typographical errors in such maps and legal
descriptions.
(c) Availability.--Copies of maps and legal descriptions
prepared and published under subsection (a) shall be
available for public inspection in the appropriate offices of
the Bureau of Land Management.
______
SA 2270. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--RIO SAN JOSE AND RIO JEMEZ WATER SETTLEMENTS ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Rio San Jose and Rio
Jemez Water Settlements Act of 2024''.
TITLE LI--PUEBLOS OF ACOMA AND LAGUNA WATER RIGHTS SETTLEMENT
SEC. 5101. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the general stream adjudication
of the Rio San Jose Stream System captioned ``State of New
Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No.
D-1333-CV-1983-00190 and No. D-1333-CV1983-00220
(consolidated), pending in the Thirteenth Judicial District
Court for the State of New Mexico, for--
(A) the Pueblo of Acoma;
(B) the Pueblo of Laguna; and
(C) the United States, acting as trustee for the Pueblos of
Acoma and Laguna;
(2) to authorize, ratify, and confirm the agreement entered
into by the Pueblos, the State, and various other parties to
the Agreement, to the extent that the Agreement is consistent
with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry out the
Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 5102. DEFINITIONS.
In this title:
(1) Acequia.--The term ``Acequia'' means each of the
Bluewater Toltec Irrigation District, La Acequia Madre del
Ojo del Gallo, Moquino Water Users Association II, Murray
Acres Irrigation Association, San Mateo Irrigation
Association, Seboyeta Community Irrigation Association,
Cubero Acequia Association, Cebolletita Acequia Association,
and Community Ditch of San Jose de la Cienega.
(2) Adjudication.--The term ``Adjudication'' means the
general adjudication of water rights entitled ``State of New
Mexico, ex rel. State Engineer v. Kerr-McGee, et al.'', No.
D-1333-CV-1983-00190 and No. D-1333-CV1983-00220
(consolidated) pending, as of the date of enactment of this
Act, in the Decree Court.
(3) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Rio San Jose Stream System
Water Rights Local Settlement Agreement Among the Pueblo of
Acoma, the Pueblo of Laguna, the Navajo Nation, the State of
New Mexico, the City of Grants, the Village of Milan, the
Association of Community Ditches of the Rio San Jose and Nine
Individual Acequias and Community Ditches'' and dated May 13,
2022, and the attachments thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an attachment
thereto) that is executed to ensure that the Agreement is
consistent with this title.
(4) Allotment.--The term ``Allotment'' means a parcel of
land that is--
(A) located within--
(i) the Rio Puerco Basin;
(ii) the Rio San Jose Stream System; or
(iii) the Rio Salado Basin; and
(B) held in trust by--
(i) the United States for the benefit of 1 or more
individual Indians; or
(ii) an Indian Tribe holding an undivided fractional
beneficial interest in a parcel of land described in
subparagraph (A).
(5) Allottee.--The term ``Allottee'' means--
(A) an individual Indian holding a beneficial interest in
an Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in an Allotment.
(6) Decree court.--The term ``Decree Court'' means the
Thirteenth Judicial District Court of the State of New
Mexico.
(7) Enforceability date.--The term ``Enforceability Date''
means the date described in section 5107.
(8) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the Decree Court
with respect to the water rights of the Pueblos--
(A) that is substantially in the form described in article
14.7.2 of the Agreement, as amended to ensure consistency
with this title; and
(B) from which no further appeal may be taken.
(9) Pueblo.--The term ``Pueblo'' means either of--
(A) the Pueblo of Acoma; or
(B) the Pueblo of Laguna.
(10) Pueblo land.--
(A) In general.--The term ``Pueblo Land'' means any real
property--
(i) in the Rio San Jose Stream System that is held by the
United States in trust for either Pueblo, or owned by either
Pueblo, as of the Enforceability Date;
(ii) in the Rio Salado Basin that is held by the United
States in trust for the Pueblo of Acoma, or owned by the
Pueblo of Acoma, as of the Enforceability Date; or
(iii) in the Rio Puerco Basin that is held by the United
States in trust for the Pueblo of Laguna, or owned by the
Pueblo of Laguna, as of the Enforceability Date.
(B) Inclusions.--The term ``Pueblo Land'' includes land
placed in trust with the United States subsequent to the
Enforceability Date for either Pueblo in the Rio San Jose
Stream System, for the Pueblo of Acoma in the Rio Salado
Basin, or for the Pueblo of Laguna in the Rio Puerco Basin.
(C) Exclusion.--The term ``Pueblo Land'' does not include
an Allotment.
(11) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Acoma Settlement Trust Fund established
under section 5105(a);
(B) the Pueblo of Laguna Settlement Trust Fund established
under that section; and
(C) the Acomita Reservoir Works Trust Fund established
under that section.
(12) Pueblo water rights.--The term ``Pueblo Water Rights''
means--
(A) the respective water rights of the Pueblos in the Rio
San Jose Stream System--
(i) as identified in the Agreement and section 5104; and
[[Page S4600]]
(ii) as confirmed in the Partial Final Judgment and Decree;
(B) the water rights of the Pueblo of Acoma in the Rio
Salado Basin; and
(C) the water rights of the Pueblo of Laguna in the Rio
Puerco Basin, as identified in the Agreement and section
5104.
(13) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Acoma; and
(B) the Pueblo of Laguna.
(14) Rio puerco basin.--The term ``Rio Puerco Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Codes (HUC) 13020204 (Rio Puerco subbasin)
and 13020205 (Arroyo Chico subbasin), including the
hydrologically connected groundwater.
(15) Rio san jose stream system.--The term ``Rio San Jose
Stream System'' means the geographic extent of the area
involved in the Adjudication pursuant to the description
filed in the Decree Court on November 21, 1986.
(16) Rio salado basin.--The term ``Rio Salado Basin'' means
the area defined by the United States Geological Survey
Hydrologic Unit Code (HUC) 13020209 (Rio Salado subbasin),
including the hydrologically connected groundwater.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(18) Signatory acequia.--The term ``Signatory Acequia''
means an acequia that is a signatory to the Agreement.
(19) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 5103. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent the Agreement does not conflict with this title,
the Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement or any
attachment to the Agreement requiring the signature of the
Secretary is executed in accordance with this title to make
the Agreement consistent with this title, the amendment is
authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all attachments to, or parts of, the
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving
any modification to the Agreement, including an attachment to
the Agreement, that is consistent with this title, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) all other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and this
title, the Pueblos shall prepare any necessary environmental
documents, consistent with--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation required under
subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Pueblo Trust Funds, subject to
the condition that any costs associated with the performance
of Federal approval or other review of such compliance work
or costs associated with inherently Federal functions shall
remain the responsibility of the Secretary.
SEC. 5104. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo
Water Rights shall be held in trust by the United States on
behalf of the Pueblos in accordance with the Agreement and
this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--State-law based water
rights acquired by a Pueblo, or by the United States on
behalf of a Pueblo, after the date for inclusion in the
Partial Final Judgment and Decree, shall not be subject to
forfeiture, abandonment, or permanent alienation from the
time they are acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be
subject to the terms and conditions of the Agreement and this
title.
(d) Allottee Rights Not Included.--The Pueblo Water Rights
shall not include any water uses or water rights claims on an
Allotment.
(e) Authority of the Pueblos.--
(1) In general.--The Pueblos shall have the authority to
allocate, distribute, and lease the Pueblo Water Rights for
use on Pueblo Land in accordance with the Agreement, this
title, and applicable Federal law.
(2) Use off pueblo land.--The Pueblos may allocate,
distribute, and lease the Pueblo Water Rights for use off
Pueblo Land in accordance with the Agreement, this title, and
applicable Federal law, subject to the approval of the
Secretary.
(3) Allottee water rights.--The Pueblos shall not object in
any general stream adjudication, including the Adjudication,
or any other appropriate forum, to the quantification of
reasonable domestic, stock, and irrigation water uses on an
Allotment, and shall administer any water use in accordance
with applicable Federal law, including recognition of--
(A) any water use existing on an Allotment as of the date
of enactment of this Act;
(B) reasonable domestic, stock, and irrigation water uses
on an Allotment; and
(C) any water right decreed to the United States in trust
for an Allottee in a general stream adjudication, including
the Adjudication, for an Allotment.
(f) Administration.--
(1) No alienation.--The Pueblos shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Pueblo Water Rights.
SEC. 5105. SETTLEMENT TRUST FUNDS.
(a) Establishment.--The Secretary shall establish 2 trust
funds, to be known as the ``Pueblo of Acoma Settlement Trust
Fund'' and the ``Pueblo of Laguna Settlement Trust Fund'',
and a trust fund for the benefit of both Pueblos to be known
as the ``Acomita Reservoir Works Trust Fund'', to be managed,
invested, and distributed by the Secretary and to remain
available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts
deposited in the Pueblo Trust Funds under subsection (c),
together with any investment earnings, including interest,
earned on those amounts, for the purpose of carrying out this
title.
(b) Accounts.--
(1) Pueblo of acoma settlement trust fund.--The Secretary
shall establish in the Pueblo of Acoma Settlement Trust Fund
the following accounts:
(A) The Water Rights Settlement Account.
(B) The Water Infrastructure Operations and Maintenance
Account.
(C) The Feasibility Studies Settlement Account.
(2) Pueblo of laguna settlement trust fund.--The Secretary
shall establish in the Pueblo of Laguna Settlement Trust Fund
the following accounts:
(A) The Water Rights Settlement Account.
(B) The Water Infrastructure Operations and Maintenance
Account.
(C) The Feasibility Studies Settlement Account.
(c) Deposits.--The Secretary shall deposit in each Pueblo
Trust Fund the amounts made available pursuant to section
5106(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Pueblo Trust Funds under subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the Pueblo
Trust Funds in a manner that is consistent with the
investment authority of the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to each Pueblo Trust Fund under subsection (c), any
investment earnings, including interest, earned on those
amounts held in each Pueblo Trust Fund are authorized to be
used in accordance with subsections (f) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
each Pueblo Trust Fund, including any investment earnings
(including interest) earned on those amounts, shall be made
available to the Pueblo or Pueblos by the Secretary beginning
on the Enforceability Date, subject to the requirements of
this section, except for those funds to be made available to
the Pueblos pursuant to paragraph (2).
(2) Use of funds.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Feasibility Studies Settlement
Account of each Pueblo Trust Fund, including any investment
earnings, including interest, earned on those
[[Page S4601]]
amounts shall be available to the Pueblo on the date on which
the amounts are deposited for uses described in subsection
(h)(3), and in accordance with the Agreement;
(B) amounts deposited in the Acomita Reservoir Works Trust
Fund, including any investment earnings, including interest,
earned on those amounts shall be available to the Pueblos on
the date on which the amounts are deposited for uses
described in subsection (h)(4), and in accordance with the
Agreement; and
(C) up to $15,000,000 from the Water Rights Settlement
Account for each Pueblo, including any investment earnings,
including interest, earned on that amount shall be available
on the date on which the amounts are deposited for
installing, on Pueblo Lands, groundwater wells to meet
immediate domestic, commercial, municipal and industrial
water needs, and associated environmental, cultural, and
historical compliance.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--Each Pueblo may withdraw any portion of
the amounts in its respective Settlement Trust Fund on
approval by the Secretary of a Tribal management plan
submitted by each Pueblo in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the appropriate Pueblo
shall spend all amounts withdrawn from each Pueblo Trust
Fund, and any investment earnings (including interest) earned
on those amounts through the investments under the Tribal
management plan, in accordance with this title.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the Tribal management plan under this
paragraph to ensure that amounts withdrawn by each Pueblo
from the Pueblo Trust Funds under subparagraph (A) are used
in accordance with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--Each Pueblo may submit to the Secretary a
request to withdraw funds from the Pueblo Trust Fund of the
Pueblo pursuant to an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw amounts under
an expenditure plan under subparagraph (A), the appropriate
Pueblo shall submit to the Secretary an expenditure plan for
any portion of the Pueblo Trust Fund that the Pueblo elects
to withdraw pursuant to that subparagraph, subject to the
condition that the amounts shall be used for the purposes
described in this title.
(C) Inclusions.--An expenditure plan under this paragraph
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Pueblo
Trust Fund will be used by the Pueblo, in accordance with
this subsection and subsection (h).
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under subparagraph (A) if the Secretary
determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this title.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this paragraph are used in accordance
with this title.
(3) Withdrawals from acomita reservoir works trust fund.--
(A) In general.--A Pueblo may submit to the Secretary a
request to withdraw funds from the Acomita Reservoir Works
Trust Fund pursuant to an approved joint expenditure plan.
(B) Requirements.--
(i) In general.--To be eligible to withdraw amounts under a
joint expenditure plan under subparagraph (A), the Pueblos
shall submit to the Secretary a joint expenditure plan for
any portion of the Acomita Reservoir Works Trust Fund that
the Pueblos elect to withdraw pursuant to this subparagraph,
subject to the condition that the amounts shall be used for
the purposes described in subsection (h)(4).
(ii) Written resolution.--Each request to withdraw amounts
under a joint expenditure plan submitted under clause (i)
shall be accompanied by a written resolution from the Tribal
councils of both Pueblos approving the requested use and
disbursement of funds.
(C) Inclusions.--A joint expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn from
the Acomita Reservoir Works Trust Fund will be used by the
Pueblo or Pueblos to whom the funds will be disbursed, in
accordance with subsection (h)(4).
(D) Approval.--The Secretary shall approve a joint
expenditure plan submitted under subparagraph (A) if the
Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this title.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce a joint expenditure plan to ensure that
amounts disbursed under this paragraph are used in accordance
with this title.
(g) Effect of Section.--Nothing in this section gives the
Pueblos the right to judicial review of a determination of
the Secretary relating to whether to approve a Tribal
management plan under paragraph (1) of subsection (f) or an
expenditure plan under paragraph (2) or (3) of that
subsection, except under subchapter II of chapter 5, of title
5, United States Code, and chapter 7 of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
(h) Uses.--
(1) Water rights settlement account.--The Water Rights
Settlement Account for each Pueblo may only be used for the
following purposes:
(A) Acquiring water rights or water supply.
(B) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, including for domestic and municipal
use, on-farm improvements, or wastewater infrastructure.
(C) Pueblo Water Rights management and administration.
(D) Watershed protection and enhancement, support of
agriculture, water-related Pueblo community welfare and
economic development, and costs relating to implementation of
the Agreement.
(E) Environmental compliance in the development and
construction of infrastructure under this title.
(2) Water infrastructure operations and maintenance trust
account.--The Water Infrastructure Operations and Maintenance
Account for each Pueblo may only be used to pay costs for
operation and maintenance of water infrastructure to serve
Pueblo domestic, commercial, municipal, and industrial water
uses from any water source.
(3) Feasibility studies settlement account.--The
Feasibility Studies Settlement Account for each Pueblo may
only be used to pay costs for feasibility studies of water
supply infrastructure to serve Pueblo domestic, commercial,
municipal, and industrial water uses from any water source.
(4) Acomita reservoir works trust fund.--The Acomita
Reservoir Works Trust Fund may only be used for planning,
permitting, designing, engineering, constructing,
reconstructing, replacing, rehabilitating, maintaining, or
repairing Acomita reservoir, its dam, inlet works, outlet
works, and the North Acomita Ditch from the Acomita Reservoir
outlet on the Pueblo of Acoma through its terminus on the
Pueblo of Laguna.
(i) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Pueblo Trust
Funds by a Pueblo under paragraph (1), (2), or (3) of
subsection (f).
(j) Expenditure Reports.--Each Pueblo shall annually submit
to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals
under a Tribal management plan or an expenditure plan under
paragraph (1), (2), or (3) of subsection (f), as applicable.
(k) No Per Capita Distributions.--No portion of the Pueblo
Trust Funds shall be distributed on a per capita basis to any
member of a Pueblo.
(l) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Pueblo Trust Funds shall remain in the appropriate Pueblo or
Pueblos.
(m) Operation, Maintenance, and Replacement.--All
operation, maintenance, and replacement costs of any project
constructed using funds from the Pueblo Trust Funds shall be
the responsibility of the appropriate Pueblo or Pueblos.
SEC. 5106. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary the following
amounts for deposit in the following accounts:
(1) Pueblo of acoma settlement trust fund.--
(A) The water rights settlement account.--For deposit in
the Water Rights Settlement Account of the Pueblo of Acoma
Settlement Trust Fund established under section 5105(b)(1)(A)
$296,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(B) The water infrastructure operations and maintenance
account.--For deposit in the Water Infrastructure Operations
and Maintenance Account of the Pueblo of Acoma Settlement
Trust Fund established under section 5105(b)(1)(B)
$14,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(C) The feasibility studies settlement account.--For
deposit in the Feasibility Studies Settlement Account of the
Pueblo of Acoma Settlement Trust Fund established under
section 5105(b)(1)(C) $1,750,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Pueblo of laguna settlement trust fund.--
(A) The water rights settlement account.--For deposit in
the Water Rights Settlement Account of the Pueblo of Laguna
Settlement Trust Fund established under section 5105(b)(2)(A)
$464,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
[[Page S4602]]
(B) The water infrastructure operations and maintenance
account.--For deposit in the Water Infrastructure Operations
and Maintenance Account of the Pueblo of Laguna Settlement
Trust Fund established under section 5105(b)(2)(B)
$26,000,000, to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(C) The feasibility studies settlement account.--For
deposit in the Feasibility Studies Settlement Account of the
Pueblo of Laguna Settlement Trust Fund established under
section 5105(b)(2)(C) $3,250,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(3) Acomita reservoir works trust fund.--For deposit in the
Acomita Reservoir Works Trust Fund established under section
5105(a) $45,000,000, to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(b) Fluctuations in Costs.--
(1) In general.--The amounts appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs, as indicated by the Bureau of
Reclamation Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amounts
appropriated under subsection (a) shall be adjusted to
address construction cost changes necessary to account for
unforeseen market volatility that may not otherwise be
captured by engineering cost indices, as determined by the
Secretary, including repricing applicable to the types of
construction and current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing and
adjustment under this subsection for any increment of funding
shall start on October 1, 2021, and shall end on the date on
which funds are deposited in the applicable Pueblo Trust
Fund.
(c) State Cost Share.--Pursuant to the Agreement, the State
shall contribute--
(1) $23,500,000, as adjusted for inflation pursuant to the
Agreement, for the Joint Grants-Milan Project for Water Re-
Use, Water Conservation and Augmentation of the Rio San Jose,
the Village of Milan Projects Fund, and the City of Grants
Projects Fund;
(2) $12,000,000, as adjusted for the inflation pursuant to
the Agreement, for Signatory Acequias Projects and Offset
Projects Fund for the Association of Community Ditches of the
Rio San Jose; and
(3) $500,000, as adjusted for inflation pursuant to the
Agreement, to mitigate impairment to non-Pueblo domestic and
livestock groundwater rights as a result of new Pueblo water
use.
SEC. 5107. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the
Secretary publishes in the Federal Register a statement of
findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) all of the amounts appropriated under section 5106(a)
have been appropriated and deposited in the designated
accounts of the Pueblo Trust Fund;
(4) the State has--
(A) provided the funding under section 5106(c)(3) into
appropriate funding accounts;
(B) provided the funding under paragraphs (1) and (2) of
section 5106(c) into appropriate funding accounts or entered
into funding agreements with the intended beneficiaries for
funding under those paragraphs of that section; and
(C) enacted legislation to amend State law to provide that
a Pueblo Water Right may be leased for a term not to exceed
99 years, including renewals;
(5) the Decree Court has approved the Agreement and has
entered a Partial Final Judgment and Decree; and
(6) the waivers and releases under section 5108 have been
executed by the Pueblos and the Secretary.
SEC. 5108. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Pueblos and the
United States as Trustee for Pueblos.--Subject to the
reservation of rights and retention of claims under
subsection (d), as consideration for recognition of the
Pueblo Water Rights and other benefits described in the
Agreement and this title, the Pueblos and the United States,
acting as trustee for the Pueblos, shall execute a waiver and
release of all claims for--
(1) water rights within the Rio San Jose Stream System that
the Pueblos, or the United States acting as trustee for the
Pueblos, asserted or could have asserted in any proceeding,
including the Adjudication, on or before the Enforceability
Date, except to the extent that such rights are recognized in
the Agreement and this title; and
(2) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including claims for injury to land resulting from such
damages, losses, injuries, interference with, diversion, or
taking of water rights) in waters in the Rio San Jose Stream
System against any party to the Agreement, including the
members and parciantes of Signatory Acequias, that accrued at
any time up to and including the Enforceability Date.
(b) Waivers and Releases of Claims by Pueblos Against
United States.--Subject to the reservation of rights and
retention of claims under subsection (d), the Pueblos shall
execute a waiver and release of all claims against the United
States (including any agency or employee of the United
States) first arising before the Enforceability Date relating
to--
(1) water rights within the Rio San Jose Stream System that
the United States, acting as trustee for the Pueblos,
asserted or could have asserted in any proceeding, including
the Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this
title;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Rio San Jose Stream System;
(3) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of,
or taking of water, or claims relating to a failure to
protect, acquire, replace, or develop water, water rights, or
water infrastructure) within the Rio San Jose Stream System;
(4) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Rio San Jose Stream System;
(5) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Pueblo Land within the
Rio San Jose Stream System;
(6) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land (including
damages, losses, or injuries to fish habitat, wildlife, and
wildlife habitat) within the Rio San Jose Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Pueblo Land within the Rio San Jose Stream System;
(8) the litigation of claims relating to any water right of
the Pueblos within the Rio San Jose Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement (including attachments) and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the
Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsections
(a) and (b), the Pueblos and the United States, acting as
trustee for the Pueblos, shall retain all claims relating
to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized
under the Agreement, this title, or the Partial Final
Judgment and Decree entered in the Adjudication;
(2) activities affecting the quality of water and the
environment, including claims under--
(A) the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'');
and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) damage, loss, or injury to land or natural resources
that is not due to loss of water or water rights, including
hunting, fishing, gathering, or cultural rights;
(5) all claims for water rights, and claims for injury to
water rights, in basins other than the Rio San Jose Stream
System, subject to article 8.5 of the Agreement with respect
to the claims of the Pueblo of Laguna for water rights in the
Rio Puerco Basin and the claims of the Pueblo of Acoma for
water rights in the Rio Salado Basin;
(6) all claims relating to the Jackpile-Paguate Uranium
Mine in the State that are not due to loss of water or water
rights; and
(7) all rights, remedies, privileges, immunities, powers,
and claims not specifically waived and released pursuant to
this title or the Agreement.
(e) Effect of Agreement and Title.--Nothing in the
Agreement or this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity, except as
provided in section 5110;
(2) affects the ability of the United States, as a
sovereign, to carry out any activity authorized by law,
including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'');
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(E) any regulations implementing the Acts described in
subparagraphs (A) through (D);
(3) affects the ability of the United States to act as
trustee for the Pueblos (consistent with this title), any
other pueblo or Indian Tribe, or an Allottee of any Indian
Tribe;
[[Page S4603]]
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law regarding health, safety, or
the environment; or
(C) to conduct judicial review of any Federal agency
action; or
(5) waives any claim of a member of a Pueblo in an
individual capacity that does not derive from a right of the
Pueblos.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
Enforceability Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based
equitable defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 5107 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by the
Pueblos and the Secretary, after providing reasonable notice
to the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a) and (b)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Agreement under section 5103 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this title
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
title, together with any interest earned on those funds, and
any water rights or contracts to use water and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this title, shall be returned to the Federal
Government, unless otherwise agreed to by the Pueblos and the
United States and approved by Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
title that were expended or withdrawn, or any funds made
available to carry out this title from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State asserted by--
(aa) the Pueblos; or
(bb) any user of the Pueblo Water Rights; or
(II) any other matter covered by subsection (b); or
(ii) in any future settlement of water rights of the
Pueblos.
SEC. 5109. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in
complete replacement of, complete substitution for, and full
satisfaction of any claim of the Pueblos against the United
States that are waived and released by the Pueblos pursuant
to section 5108(b).
SEC. 5110. CONSENT OF UNITED STATES TO JURISDICTION FOR
JUDICIAL REVIEW OF A PUEBLO WATER RIGHT PERMIT
DECISION.
(a) Consent.--On the Enforceability Date, the consent of
the United States is hereby given, with the consent of each
Pueblo under article 11.5 of the Agreement, to jurisdiction
in the District Court for the Thirteenth Judicial District of
the State of New Mexico, and in the New Mexico Court of
Appeals and the New Mexico Supreme Court on appeal therefrom
in the same manner as provided under New Mexico law, over an
action filed in such District Court by any party to a Pueblo
Water Rights Permit administrative proceeding under article
11.4 of the Agreement for the limited and sole purpose of
judicial review of a Pueblo Water Right Permit decision under
article 11.5 of the Agreement.
(b) Limitation.--The consent of the United States under
this title is limited to judicial review, based on the record
developed through the administrative process of the Pueblo,
under a standard of judicial review limited to determining
whether the Pueblo decision on the application for Pueblo
Water Right Permit--
(1) is supported by substantial evidence;
(2) is not arbitrary, capricious, or contrary to law;
(3) is not in accordance with this Agreement or the Partial
Final Judgment and Decree; or
(4) shows that the Pueblo acted fraudulently or outside the
scope of its authority.
(c) Pueblo Water Code and Interpretation.--
(1) In general.--Pueblo Water Code or Pueblo Water Law
provisions that meet the requirements of article 11 of the
Agreement shall be given full faith and credit in any
proceeding described in this section.
(2) Provisions of the pueblo water code.--To the extent
that a State court conducting judicial review under this
section must interpret provisions of Pueblo law that are not
express provisions of the Pueblo Water Code, the State court
shall certify the question of interpretation to the Pueblo
court.
(3) No certification.--Any issues of interpretation of
standards in article 11.6 of the Agreement are not subject to
certification.
(4) Limitation.--Nothing in this section limits the
jurisdiction of the Decree Court to interpret and enforce the
Agreement.
SEC. 5111. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--
Nothing in this title waives the sovereign immunity of the
United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
title quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, or community other than the Pueblos.
(c) Allottees Not Adversely Affected.--Nothing in this
title quantifies or diminishes any water right, or any claim
or entitlement to water, of an Allottee.
(d) Effect on Current Law.--Nothing in this title affects
any provision of law (including regulations) in effect on the
day before the date of enactment of this Act with respect to
pre-enforcement review of any Federal environmental
enforcement action.
(e) Conflict.--In the event of a conflict between the
Agreement and this title, this title shall control.
SEC. 5112. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
title, including any obligation or activity under the
Agreement, if adequate appropriations are not provided
expressly by Congress to carry out the purposes of this
title.
TITLE LII--PUEBLOS OF JEMEZ AND ZIA WATER RIGHTS SETTLEMENT
SEC. 5201. PURPOSES.
The purposes of this title are--
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the Jemez River Stream System
in the State of New Mexico for--
(A) the Pueblo of Jemez;
(B) the Pueblo of Zia; and
(C) the United States, acting as trustee for the Pueblos of
Jemez and Zia;
(2) to authorize, ratify, and confirm the Agreement entered
into by the Pueblos, the State, and various other parties to
the extent that the Agreement is consistent with this title;
(3) to authorize and direct the Secretary--
(A) to execute the Agreement; and
(B) to take any other actions necessary to carry out the
Agreement in accordance with this title; and
(4) to authorize funds necessary for the implementation of
the Agreement and this title.
SEC. 5202. DEFINITIONS.
In this title:
(1) Adjudication.--The term ``Adjudication'' means the
adjudication of water rights pending before the United States
District Court for the District of New Mexico: United States
of America, on its own behalf, and on behalf of the Pueblos
of Jemez, Santa Ana, and Zia, State of New Mexico, ex rel.
State Engineer, Plaintiffs, and Pueblos of Jemez, Santa Ana,
and Zia, Plaintiffs-in-Intervention v. Tom Abousleman, et
al., Defendants, Civil No. 83-cv-01041 (KR).
(2) Agreement.--The term ``Agreement'' means--
(A) the document entitled ``Pueblos of Jemez and Zia Water
Rights Settlement Agreement'' and dated May 11, 2022, and the
appendices and exhibits attached thereto; and
(B) any amendment to the document referred to in
subparagraph (A) (including an amendment to an appendix or
exhibit) that is executed to ensure that the Agreement is
consistent with this title.
(3) Enforceability date.--The term ``Enforceability Date''
means the date described in section 5207.
(4) Jemez river stream system.--The term ``Jemez River
Stream System'' means the geographic extent of the area
involved in the Adjudication.
(5) Partial final judgment and decree.--The term ``Partial
Final Judgment and Decree'' means a final or interlocutory
partial final judgment and decree entered by the United
States District Court for the District of New Mexico with
respect to the water rights of the Pueblos--
(A) that is substantially in the form described in the
Agreement, as amended to ensure consistency with this title;
and
(B) from which no further appeal may be taken.
(6) Pueblo.--The term ``Pueblo'' means either of--
(A) the Pueblo of Jemez; or
(B) the Pueblo of Zia.
(7) Pueblo land.--The term ``Pueblo Land'' means any real
property that is--
(A) held by the United States in trust for a Pueblo within
the Jemez River Stream System;
(B) owned by a Pueblo within the Jemez River Stream System
before the date on which a court approves the Agreement; or
[[Page S4604]]
(C) acquired by a Pueblo on or after the date on which a
court approves the Agreement if the real property--
(i) is located within the exterior boundaries of the
Pueblo, as recognized and confirmed by a patent issued under
the Act of December 22, 1858 (11 Stat. 374, chapter V);
(ii) is located within the exterior boundaries of any
territory set aside for a Pueblo by law, executive order, or
court decree;
(iii) is owned by a Pueblo or held by the United States in
trust for the benefit of a Pueblo outside the Jemez River
Stream System that is located within the exterior boundaries
of the Pueblo, as recognized and confirmed by a patent issued
under the Act of December 22, 1858 (11 Stat. 374, chapter V);
or
(iv) is located within the exterior boundaries of any real
property located outside the Jemez River Stream System set
aside for a Pueblo by law, executive order, or court decree
if the land is within or contiguous to land held by the
United States in trust for the Pueblo as of June 1, 2022.
(8) Pueblo trust fund.--The term ``Pueblo Trust Fund''
means--
(A) the Pueblo of Jemez Settlement Trust Fund established
under section 5205(a); and
(B) the Pueblo of Zia Settlement Trust Fund established
under that section.
(9) Pueblo water rights.--The term ``Pueblo Water Rights''
means the respective water rights of the Pueblos--
(A) as identified in the Agreement and section 5204; and
(B) as confirmed in the Partial Final Judgment and Decree.
(10) Pueblos.--The term ``Pueblos'' means--
(A) the Pueblo of Jemez; and
(B) the Pueblo of Zia.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of New
Mexico and all officers, agents, departments, and political
subdivisions of the State of New Mexico.
SEC. 5203. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent that the Agreement does not conflict with this
title, the Agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement, or to
any appendix or exhibit attached to the Agreement requiring
the signature of the Secretary, is executed in accordance
with this title to make the Agreement consistent with this
title, the amendment is authorized, ratified, and confirmed.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this title, the Secretary shall execute the
Agreement, including all appendices or exhibits to, or parts
of, the Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary, after execution of the Agreement, from approving
any modification to the Agreement, including an appendix or
exhibit to the Agreement, that is consistent with this title,
to the extent that the modification does not otherwise
require congressional approval under section 2116 of the
Revised Statutes (25 U.S.C. 177) or any other applicable
provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Agreement and this
title, the Secretary shall comply with--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) all other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Agreement and this
title, the Pueblos shall prepare any necessary environmental
documents, consistent with--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation required under
subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Pueblo Trust Funds, subject to
the condition that any costs associated with the performance
of Federal approval or other review of such compliance work
or costs associated with inherently Federal functions shall
remain the responsibility of the Secretary.
SEC. 5204. PUEBLO WATER RIGHTS.
(a) Trust Status of the Pueblo Water Rights.--The Pueblo
Water Rights shall be held in trust by the United States on
behalf of the Pueblos in accordance with the Agreement and
this title.
(b) Forfeiture and Abandonment.--
(1) In general.--The Pueblo Water Rights shall not be
subject to loss through non-use, forfeiture, abandonment, or
other operation of law.
(2) State-law based water rights.--State-law based water
rights acquired by a Pueblo, or by the United States on
behalf of a Pueblo, after the date for inclusion in the
Partial Final Judgment and Decree, shall not be subject to
forfeiture, abandonment, or permanent alienation from the
time they are acquired.
(c) Use.--Any use of the Pueblo Water Rights shall be
subject to the terms and conditions of the Agreement and this
title.
(d) Authority of the Pueblos.--
(1) In general.--The Pueblos shall have the authority to
allocate, distribute, and lease the Pueblo Water Rights for
use on Pueblo Land in accordance with the Agreement, this
title, and applicable Federal law.
(2) Use off pueblo land.--The Pueblos may allocate,
distribute, and lease the Pueblo Water Rights for use off
Pueblo Land in accordance with the Agreement, this title, and
applicable Federal law, subject to the approval of the
Secretary.
(e) Administration.--
(1) No alienation.--The Pueblos shall not permanently
alienate any portion of the Pueblo Water Rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this title for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this title shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Pueblo Water Rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Pueblo Water Rights.
SEC. 5205. SETTLEMENT TRUST FUNDS.
(a) Establishment.--The Secretary shall establish 2 trust
funds, to be known as the ``Pueblo of Jemez Settlement Trust
Fund'' and the ``Pueblo of Zia Settlement Trust Fund'', to be
managed, invested, and distributed by the Secretary and to
remain available until expended, withdrawn, or reverted to
the general fund of the Treasury, consisting of the amounts
deposited in the Pueblo Trust Funds under subsection (b),
together with any investment earnings, including interest,
earned on those amounts for the purpose of carrying out this
title.
(b) Deposits.--The Secretary shall deposit in each Pueblo
Trust Fund the amounts made available pursuant to section
5206(a).
(c) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Pueblo Trust Funds under subsection (b), the Secretary shall
manage, invest, and distribute all amounts in the Pueblo
Trust Funds in a manner that is consistent with the
investment authority of the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to each Pueblo Trust Fund under subsection (b), any
investment earnings, including interest, earned on those
amounts held in each Pueblo Trust Fund are authorized to be
used in accordance with subsections (e) and (g).
(d) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
each Pueblo Trust Fund, including any investment earnings
(including interest) earned on those amounts, shall be made
available to each Pueblo by the Secretary beginning on the
Enforceability Date, subject to the requirements of this
section, except for funds to be made available to the Pueblos
pursuant to paragraph (2).
(2) Use of funds.--Notwithstanding paragraph (1),
$25,000,000 of the amounts deposited in each Pueblo Trust
Fund, including any investment earnings (including interest)
earned on that amount shall be available to the appropriate
Pueblo for--
(A) developing economic water development plans;
(B) preparing environmental compliance documents;
(C) preparing water project engineering designs;
(D) establishing and operating a water resource department;
(E) installing supplemental irrigation groundwater wells;
and
(F) developing water measurement and reporting water use
plans.
(e) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--Each Pueblo may withdraw any portion of
the amounts in the Pueblo Trust Fund on approval by the
Secretary of a Tribal management plan submitted by the Pueblo
in accordance with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the appropriate Pueblo
shall spend all amounts withdrawn from each Pueblo Trust
Fund, and any investment earnings (including interest) earned
on those amounts through the investments under the Tribal
[[Page S4605]]
management plan, in accordance with this title.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the Tribal management plan under this
paragraph to ensure that amounts withdrawn by each Pueblo
from the Pueblo Trust Fund of the Pueblo under subparagraph
(A) are used in accordance with this title.
(2) Withdrawals under expenditure plan.--
(A) In general.--Each Pueblo may submit to the Secretary a
request to withdraw funds from the Pueblo Trust Fund of the
Pueblo pursuant to an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw amounts under
an expenditure plan under subparagraph (A), each Pueblo shall
submit to the Secretary an expenditure plan for any portion
of the Pueblo Trust Fund that the Pueblo elects to withdraw
pursuant to that subparagraph, subject to the condition that
the amounts shall be used for the purposes described in this
title.
(C) Inclusions.--An expenditure plan under this paragraph
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Pueblo
Trust Fund will be used by the Pueblo, in accordance with
this subsection and subsection (g).
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under subparagraph (A) if the Secretary
determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this title.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this paragraph are used in accordance
with this title.
(f) Effect of Section.--Nothing in this section gives the
Pueblos the right to judicial review of a determination of
the Secretary relating to whether to approve a Tribal
management plan under paragraph (1) of subsection (e) or an
expenditure plan under paragraph (2) of that subsection
except under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(g) Uses.--Amounts from a Pueblo Trust Fund may only be
used by the appropriate Pueblo for the following purposes:
(1) Planning, permitting, designing, engineering,
constructing, reconstructing, replacing, rehabilitating,
operating, or repairing water production, treatment, or
delivery infrastructure, including for domestic and municipal
use, on-farm improvements, or wastewater infrastructure.
(2) Watershed protection and enhancement, support of
agriculture, water-related Pueblo community welfare and
economic development, and costs related to implementation of
the Agreement.
(3) Planning, permitting, designing, engineering,
construction, reconstructing, replacing, rehabilitating,
operating, or repairing water production of delivery
infrastructure of the Augmentation Project, as set forth in
the Agreement.
(4) Ensuring environmental compliance in the development
and construction of projects under this title.
(5) The management and administration of the Pueblo Water
Rights.
(h) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from a Pueblo Trust Fund
by a Pueblo under paragraph (1) or (2) of subsection (e).
(i) Expenditure Reports.--Each Pueblo shall annually submit
to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals
under a Tribal management plan or an expenditure plan under
paragraph (1) or (2) of subsection (e), as applicable.
(j) No Per Capita Distributions.--No portion of a Pueblo
Trust Fund shall be distributed on a per capita basis to any
member of a Pueblo.
(k) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from a
Pueblo Trust Fund shall remain in the appropriate Pueblo.
(l) Operation, Maintenance, and Replacement.--All
operation, maintenance, and replacement costs of any project
constructed using funds from a Pueblo Trust Fund shall be the
responsibility of the appropriate Pueblo.
SEC. 5206. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary the following
amounts for deposit in the following accounts:
(1) Pueblo of jemez settlement trust fund.--For deposit in
the Pueblo of Jemez Settlement Trust Fund established under
section 5205(a) $290,000,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Pueblo of zia settlement trust fund.--For deposit in
the Pueblo of Zia Settlement Trust Fund established under
section 5205(a) $200,000,000, to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amount appropriated under subsection
(a) shall be increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs, as indicated by the Bureau of
Reclamation Construction Cost Index-Composite Trend.
(2) Construction costs adjustment.--The amount appropriated
under subsection (a) shall be adjusted to address
construction cost changes necessary to account for unforeseen
market volatility that may not otherwise be captured by
engineering cost indices, as determined by the Secretary,
including repricing applicable to the types of construction
and current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the applicable amount, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall
start on October 1, 2021, and end on the date on which the
funds are deposited in the applicable Pueblo Trust Fund.
(c) State Cost Share.--The State shall contribute--
(1) $3,400,000, as adjusted for inflation pursuant to the
Agreement, to the San Ysidro Community Ditch Association for
capital and operating expenses of the mutual benefit
Augmentation Project;
(2) $16,159,000, as adjusted for inflation pursuant to the
Agreement, for Jemez River Basin Water Users Coalition
acequia ditch improvements; and
(3) $500,000, as adjusted for inflation, to mitigate
impairment to non-Pueblo domestic and livestock groundwater
rights as a result of new Pueblo water use.
SEC. 5207. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the
Secretary publishes in the Federal Register a statement of
findings that--
(1) to the extent that the Agreement conflicts with this
title, the Agreement has been amended to conform with this
title;
(2) the Agreement, as amended, has been executed by all
parties to the Agreement, including the United States;
(3) the United States District Court for the District of
New Mexico has approved the Agreement and has entered a
Partial Final Judgment and Decree;
(4) all of the amounts appropriated under section 5206(a)
have been appropriated and deposited in the designated
accounts of the applicable Pueblo Trust Fund;
(5) the State has--
(A) provided the funding under section 5206(c)(2) into
appropriate funding accounts;
(B) provided the funding under section 5206(c)(1) or
entered into a funding agreement with the intended
beneficiaries for that funding; and
(C) enacted legislation to amend State law to provide that
a Pueblo Water Right may be leased for a term of not to
exceed 99 years, including renewals; and
(6) the waivers and releases under section subsections (a)
and (b) of section 5208 have been executed by the Pueblos and
the Secretary.
SEC. 5208. WAIVERS AND RELEASES OF CLAIMS.
(a) Waivers and Releases of Claims by Pueblos and United
States as Trustee for Pueblos.--Subject to the reservation of
rights and retention of claims under subsection (d), as
consideration for recognition of the Pueblo Water Rights and
other benefits described in the Agreement and this title, the
Pueblos and the United States, acting as trustee for the
Pueblos, shall execute a waiver and release of all claims
for--
(1) water rights within the Jemez River Stream System that
the Pueblos, or the United States acting as trustee for the
Pueblos, asserted or could have asserted in any proceeding,
including the Adjudication, on or before the Enforceability
Date, except to the extent that such a right is recognized in
the Agreement and this title; and
(2) damages, losses, or injuries to water rights or claims
of interference with, diversion of, or taking of water rights
(including claims for injury to land resulting from such
damages, losses, injuries, interference, diversion, or taking
of water rights) in the Jemez River Stream System against any
party to the Agreement, including the members and parciantes
of signatory acequias, that accrued at any time up to and
including the Enforceability Date.
(b) Waivers and Releases of Claims by Pueblos Against
United States.--Subject to the reservation of rights and
retention of claims under subsection (d), each Pueblo shall
execute a waiver and release of all claims against the United
States (including any agency or employee of the United
States) for water rights within the Jemez River Stream System
first arising before the Enforceability Date relating to--
(1) water rights within the Jemez River Stream System that
the United States, acting as trustee for the Pueblos,
asserted or could have asserted in any proceeding, including
the Adjudication, except to the extent that such rights are
recognized as part of the Pueblo Water Rights under this
title;
(2) foregone benefits from non-Pueblo use of water, on and
off Pueblo Land (including water from all sources and for all
uses), within the Jemez River Stream System;
(3) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages,
[[Page S4606]]
losses, or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water rights, claims
relating to interference with, diversion of, or taking of
water, or claims relating to a failure to protect, acquire,
replace, or develop water, water rights, or water
infrastructure) within the Jemez River Stream System;
(4) a failure to establish or provide a municipal, rural,
or industrial water delivery system on Pueblo Land within the
Jemez River Stream System;
(5) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on Pueblo Land or Federal
land (including damages, losses, or injuries to fish habitat,
wildlife, and wildlife habitat) within the Jemez River Stream
System;
(6) a failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project within the Jemez River Stream System;
(7) a failure to provide a dam safety improvement to a dam
on Pueblo Land within the Jemez River Stream System;
(8) the litigation of claims relating to any water right of
a Pueblo within the Jemez River Stream System; and
(9) the negotiation, execution, or adoption of the
Agreement (including exhibits or appendices) and this title.
(c) Effective Date.--The waivers and releases described in
subsections (a) and (b) shall take effect on the
Enforceability Date.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsections
(a) and (b), the Pueblos and the United States, acting as
trustee for the Pueblos, shall retain all claims relating
to--
(1) the enforcement of, or claims accruing after the
Enforceability Date relating to, water rights recognized
under the Agreement, this title, or the Partial Final
Judgement and Decree entered into in the Adjudication;
(2) activities affecting the quality of water, including
claims under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'');
and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(3) the right to use and protect water rights acquired
after the date of enactment of this Act;
(4) damage, loss, or injury to land or natural resources
that is not due to loss of water or water rights, including
hunting, fishing, gathering, or cultural rights;
(5) all rights, remedies, privileges, immunities, powers,
and claims not specifically waived and released pursuant to
this title or the Agreement; and
(6) loss of water or water rights in locations outside of
the Jemez River Stream System.
(e) Effect of Agreement and Title.--Nothing in the
Agreement or this title--
(1) reduces or extends the sovereignty (including civil and
criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, as sovereign,
to carry out any activity authorized by law, including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'');
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(E) any regulations implementing the Acts described in
subparagraphs (A) though (D);
(3) affects the ability of the United States to act as
trustee for the Pueblos (consistent with this title), any
other pueblo or Indian Tribe, or an allottee of any Indian
Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law regarding health, safety, or
the environment;
(C) to conduct judicial review of any Federal agency
action; or
(D) to interpret Pueblo law; or
(5) waives any claim of a member of a Pueblo in an
individual capacity that does not derive from a right of the
Pueblos.
(f) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
Enforceability Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitation or any time-based
equitable defense under any other applicable law.
(g) Expiration.--
(1) In general.--This title shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 5207 by not later than--
(A) July 1, 2030; or
(B) such alternative later date as is agreed to by the
Pueblos and the Secretary, after providing reasonable notice
to the State.
(2) Consequences.--If this title expires under paragraph
(1)--
(A) the waivers and releases under subsections (a) and (b)
shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Agreement under section 5203 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this title
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
title, together with any interest earned on those funds, and
any water rights or contracts to use water and title to other
property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this title shall be returned to the Federal
Government, unless otherwise agreed to by the Pueblos and the
United States and approved by Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
title that were expended or withdrawn, or any funds made
available to carry out this title from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State asserted by--
(aa) the Pueblos; or
(bb) any user of the Pueblo Water Rights; or
(II) any other matter covered by subsection (b); or
(ii) in any future settlement of water rights of the
Pueblos.
SEC. 5209. SATISFACTION OF CLAIMS.
The benefits provided under this title shall be in complete
replacement of, complete substitution for, and full
satisfaction of any claim of the Pueblos against the United
States that are waived and released by the Pueblos pursuant
to section 5208(b).
SEC. 5210. MISCELLANEOUS PROVISIONS.
(a) No Waiver of Sovereign Immunity by the United States.--
Nothing in this title waives the sovereign immunity of the
United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
title quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, or community other than the Pueblos.
(c) Effect on Current Law.--Nothing in this title affects
any provision of law (including regulations) in effect on the
day before the date of enactment of this Act with respect to
pre-enforcement review of any Federal environmental
enforcement action.
(d) Conflict.--In the event of a conflict between the
Agreement and this title, this title shall control.
SEC. 5211. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
title, including any obligation or activity under the
Agreement, if adequate appropriations are not provided
expressly by Congress to carry out the purposes of this
title.
______
SA 2271. Mr. KAINE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle _--Caribbean Basin Security Initiative
SEC. _1. SHORT TITLE.
This subtitle may be cited as the ``Caribbean Basin
Security Initiative Authorization Act''.
SEC. _2. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Beneficiary countries.--
(A) In general.--The term ``beneficiary countries'' means--
(i) Antigua and Barbuda;
(ii) the Bahamas;
(iii) Barbados;
(iv) Dominica;
(v) the Dominican Republic;
(vi) Grenada;
(vii) Guyana;
(viii) Jamaica;
(ix) Saint Lucia;
[[Page S4607]]
(x) Saint Kitts and Nevis;
(xi) Saint Vincent and the Grenadines;
(xii) Suriname; and
(xiii) Trinidad and Tobago.
(B) Updates.--The President or the Secretary of State may
add or remove one or more countries from the list under
subparagraph (A) upon written notification to the appropriate
congressional committees.
SEC. _3. AUTHORIZATION FOR THE CARIBBEAN BASIN SECURITY
INITIATIVE.
(a) Authorization for the Caribbean Basin Security
Initiative.--The Secretary of State and the Administrator of
the United States Agency for International Development may
carry out an initiative, to be known as the ``Caribbean Basin
Security Initiative'', in beneficiary countries to achieve
the purposes described in subsection (b).
(b) Purposes.--The purposes described in this subsection
are the following:
(1) To promote citizen safety, security, and the rule of
law in the Caribbean through increased strategic engagement
with--
(A) the governments of beneficiary countries; and
(B) elements of local civil society, including the private
sector, in such countries.
(2) To counter transnational criminal organizations and
local gangs in beneficiary countries, including through--
(A) maritime and aerial security cooperation, including--
(i) assistance to strengthen capabilities of maritime and
aerial interdiction operations in the Caribbean; and
(ii) the provision of support systems and equipment,
training, and maintenance;
(B) cooperation on border and port security, including
support to strengthen capacity for screening and intercepting
narcotics, weapons, bulk cash, and other contraband at
airports and seaports; and
(C) capacity building and the provision of equipment and
support for operations targeting--
(i) the finances and illegal activities of such
organizations and gangs; and
(ii) the recruitment by such organizations and gangs of at-
risk youth.
(3) To advance law enforcement and justice sector capacity
building and rule of law initiatives in beneficiary
countries, including by--
(A) strengthening special prosecutorial offices and
providing technical assistance--
(i) to combat--
(I) corruption;
(II) money laundering;
(III) human, firearms, and wildlife trafficking;
(IV) human smuggling;
(V) financial crimes; and
(VI) extortion; and
(ii) to conduct asset forfeitures and criminal analysis;
(B) supporting training for civilian police and appropriate
security services in criminal investigations, best practices
for citizen security, and the protection of human rights;
(C) supporting capacity building for law enforcement and
military units, including professionalization, anti-
corruption and human rights training, vetting, and community-
based policing;
(D) supporting justice sector reform and strengthening of
the rule of law, including--
(i) capacity building for prosecutors, judges, and other
justice officials; and
(ii) support to increase the efficacy of criminal courts;
and
(E) strengthening cybersecurity and cybercrime cooperation,
including capacity building and support for cybersecurity
systems.
(4) To promote crime prevention efforts in beneficiary
countries, particularly among at-risk-youth and other
vulnerable populations, including through--
(A) improving community and law enforcement cooperation to
improve the effectiveness and professionalism of police and
increase mutual trust;
(B) increasing economic opportunities for at-risk youth and
vulnerable populations, including through workforce
development training and remedial education programs for at-
risk youth;
(C) improving juvenile justice sectors through regulatory
reforms, separating youth from traditional prison systems,
and improving support and services in juvenile detention
centers; and
(D) the provision of assistance to populations vulnerable
to being victims of extortion and crime by criminal networks.
(5) To strengthen the ability of the security sector in
beneficiary countries to respond to and become more resilient
in the face of natural disasters, including by--
(A) carrying out training exercises to ensure critical
infrastructure and ports are able to come back online rapidly
following natural disasters; and
(B) providing preparedness training to police and first
responders.
(6) To prioritize efforts to combat corruption and include
anti-corruption components in programs in beneficiary
countries, including by--
(A) building the capacity of national justice systems and
attorneys general to prosecute and try acts of corruption;
(B) increasing the capacity of national law enforcement
services to carry out anti-corruption investigations; and
(C) encouraging cooperative agreements among the Department
of State, other relevant Federal departments and agencies,
and the attorneys general of relevant countries.
(7) To promote the rule of law in beneficiary countries and
counter malign influence from authoritarian regimes,
including China, Russia, Iran, Venezuela, Nicaragua, and
Cuba, by--
(A) monitoring security assistance from such authoritarian
regimes and taking steps necessary to ensure that such
assistance does not undermine or jeopardize United States
security assistance;
(B) evaluating and, as appropriate, restricting the
involvement of the United States in investment and
infrastructure projects financed by authoritarian regimes
that might obstruct or otherwise impact United States
security assistance to beneficiary countries;
(C) monitoring and restricting equipment and support from
high-risk vendors of telecommunications infrastructure in
beneficiary countries;
(D) countering disinformation by promoting transparency and
accountability from beneficiary countries; and
(E) eliminating corruption linked to investment and
infrastructure facilitated by authoritarian regimes through
support for investment screening, competitive tendering and
bidding processes, the implementation of investment law, and
contractual transparency.
(8) To support the effective branding and messaging of
United States security assistance and cooperation in
beneficiary countries, including by developing and
implementing a public diplomacy strategy for informing
citizens of beneficiary countries about the benefits to their
respective countries of United States security assistance and
cooperation programs.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State and the United
States Agency for International Development $82,000,000 for
each of fiscal years 2025 through 2029 to carry out the
Caribbean Basin Security Initiative to achieve the purposes
described in subsection (b).
SEC. _4. IMPLEMENTATION PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees an implementation plan
that includes a timeline and stated objectives for actions to
be taken in beneficiary countries with respect to the
Caribbean Basin Security Initiative.
(b) Elements.--The implementation plan required by
subsection (a) shall include the following elements:
(1) A multi-year strategy with a timeline, overview of
objectives, and anticipated outcomes for the region and for
each beneficiary country, with respect to each purpose
described in [section __3].
(2) Specific, measurable benchmarks to track the progress
of the Caribbean Basin Security Initiative toward
accomplishing the outcomes included under paragraph (1).
(3) A plan for the delineation of the roles to be carried
out by the Department of State, the United States Agency for
International Development, the Department of Justice, the
Department of Defense, and any other Federal department or
agency in carrying out the Caribbean Basin Security
Initiative, to prevent overlap and unintended competition
between activities and resources.
(4) A plan to coordinate and track all activities carried
out under the Caribbean Basin Security Initiative among all
relevant Federal departments and agencies, in accordance with
the publication requirements described in section 4 of the
Foreign Aid Transparency and Accountability Act of 2016 (22
U.S.C. 2394c).
(5) A description of the process for co-locating projects
of the Caribbean Basin Security Initiative funded by the
United States Agency for International Development and the
Bureau of International Narcotics and Law Enforcement Affairs
of the Department of State to ensure that crime prevention
funding and enforcement funding are used in the same
localities as necessary.
(6) An assessment of steps taken, as of the date on which
the plan is submitted, to increase regional coordination and
collaboration between the law enforcement agencies of
beneficiary countries and the Haitian National Police, and a
framework with benchmarks for increasing such coordination
and collaboration, in order to address the urgent security
crisis in Haiti.
(c) Annual Progress Update.--Not later than 1 year after
the date on which the implementation plan required by
subsection (a) is submitted, and annually thereafter, the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, shall
submit to the appropriate congressional committees a written
description of results achieved through the Caribbean Basin
Security Imitative, including with respect to--
(1) the implementation of the strategy and plans described
in paragraphs (1), (3), and (4) of subsection (b);
(2) compliance with, and progress related to, meeting the
benchmarks described in paragraph (2) of subsection (b); and
(3) funding statistics for the Caribbean Basin Security
Initiative for the preceding year, disaggregated by country.
SEC. _5. PROGRAMS AND STRATEGY TO INCREASE NATURAL DISASTER
RESPONSE AND RESILIENCE.
(a) Programs.--During the 5-year period beginning on the
date of the enactment of
[[Page S4608]]
this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development and the President and Chief Executive Officer of
the Inter-American Foundation, shall promote natural disaster
response and resilience in beneficiary countries by carrying
out programs for the following purposes:
(1) Encouraging coordination between beneficiary countries
and relevant Federal departments and agencies to provide
expertise and information sharing.
(2) Supporting the sharing of best practices on natural
disaster resilience, including on constructing resilient
infrastructure and rebuilding after natural disasters.
(3) Improving rapid-response mechanisms and cross-
government organizational preparedness for natural disasters.
(b) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and in consultation with
the President and Chief Economic Officer of the Inter-
American Foundation and nongovernmental organizations in
beneficiary countries and in the United States, shall submit
to the appropriate congressional committees a strategy that
incorporates specific, measurable benchmarks--
(1) to achieve the purposes described in subsection (a);
and
(2) to inform citizens of beneficiary countries about the
extent and benefits of United States assistance to such
countries.
(c) Annual Progress Update.--Not later than 1 year after
the date on which the strategy required by subsection (b) is
submitted, and annually thereafter, the Secretary of State,
in coordination with the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees a written description of
the progress made as of the date of such submission in
meeting the benchmarks included in the strategy.
______
SA 2272. Mr. KAINE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. LEADERSHIP WITHIN NATO.
(a) Findings.--Congress makes the following findings:
(1) On July 21, 1949, the Senate provided its advice and
consent to the ratification of the North Atlantic Treaty, and
the United States deposited its instrument of ratification
July 25, 1949.
(2) By custom and tradition since 1950, when the position
of Supreme Allied Commander Europe has fallen vacant, the
North Atlantic Council has invited the President of the
United States to nominate a United States military officer to
fill the post.
(3) In Neely v. Henkel, 180 U.S. 109 (1901), the Supreme
Court affirmatively asserted the authority of Congress to
enact such legislation as is appropriate to administer and
regulate the implementation of treaties with foreign powers
as entered into by the United States with the advice and
consent of the Senate.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States remains the strongest military power
within the North Atlantic Treaty Organization (NATO) alliance
(in this Act referred to as the ``Alliance''); and
(2) United States leadership of Alliance military
operations symbolizes the continuing commitment of the United
States to the Alliance and to the defense of mutual security
interests and the deterrence of shared threats.
(c) Nominations for Supreme Allied Commander Europe.--
(1) Acceptance of invitation to nominate.--The President
shall accept any invitation provided by the North Atlantic
Council to nominate a United States military officer to
assume the position of NATO's Supreme Allied Commander
Europe.
(2) Requirement to nominate.--Upon receipt of any
invitation from the North Atlantic Council to nominate a
United States military officer to assume the position of
NATO's Supreme Allied Commander Europe, or upon any vacancy
or anticipated vacancy in the position of NATO's Supreme
Allied Commander Europe, the President shall nominate for
this position the commander of the combatant command the
geographic area of responsibility of which includes Europe,
or a general or flag officer of equivalent rank to that
combatant commander.
(d) Severability.--If any provision of this section or the
application of such provision is held by a Federal court to
be unconstitutional, the remainder of this section and the
application of such provisions to any other person or
circumstance shall not be affected thereby.
______
SA 2273. Mr. KAINE (for himself, Mrs. Fischer, and Mr. Cotton)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXXI, insert the
following:
SEC. 31___. APPROVAL OF THE AMENDMENT TO THE AGREEMENT
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
FOR COOPERATION ON THE USES OF ATOMIC ENERGY
FOR MUTUAL DEFENSE PURPOSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the United Kingdom share a
special relationship;
(2) the Agreement Between the Government of the United
States of America and the Government of the United Kingdom of
Great Britain and Northern Ireland for Cooperation on the
Uses of Atomic Energy for Mutual Defense Purposes, done at
Washington July 3, 1958 (in this section referred to as the
``Agreement'') provides one of the bases for such special
relationship;
(3) the Agreement has served the national security interest
of the United States for more than 65 years; and
(4) Congress expects to receive transmittal of proposed
amendments to the Agreement.
(b) In General.--Notwithstanding the provisions for
congressional consideration of a proposed agreement for
cooperation in subsection d. of section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153), any amendments providing
for the renewal of Article III of the Agreement (in this
section referred to as the ``Amendment''), transmitted to
Congress before January 3, 2025, may be brought into effect
on or after the date of the enactment of this Act, if no
joint resolution of disapproval with respect to the Amendment
is enacted during 10-calendar-day period beginning on the
date that the Amendment is transmitted to Congress, as if all
the requirements in such section 123 for consideration of the
Amendment had been satisfied, subject to subsection (c) of
this section.
(c) Applicability of Atomic Energy Act of 1954 and Other
Provisions of Law.--Upon coming into effect, the Amendment
shall be subject to the provisions of the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.) and any other applicable
United States law as if the Amendment had come into effect in
accordance with the requirements of section 123 of the Atomic
Energy Act of 1954.
(d) Adherence in the Event of Timely Submission.--If the
Amendment is completed and transmitted to Congress before
October 1, 2024, thereby allowing for adherence to the
provisions for congressional consideration of the Amendment
as outlined in subsection d. of section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153), subsection (b) of this
section shall not take effect.
______
SA 2274. Mr. WARNER (for himself and Mr. Rubio) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2025''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Improvements relating to conflicts of interest in the
Intelligence Innovation Board.
Sec. 302. National Threat Identification and Prioritization Assessment
and National Counterintelligence Strategy.
Sec. 303. Open Source Intelligence Division of Office of Intelligence
and Analysis personnel.
Sec. 304. Appointment of Director of the Office of Intelligence and
Counterintelligence.
[[Page S4609]]
Sec. 305. Improvements to advisory board of National Reconnaissance
Office.
Sec. 306. National Intelligence University acceptance of grants.
Sec. 307. Protection of Central Intelligence Agency facilities and
assets from unmanned aircraft.
Sec. 308. Limitation on availability of funds for new controlled access
programs.
Sec. 309. Limitation on transfers from controlled access programs.
Sec. 310. Expenditure of funds for certain intelligence and
counterintelligence activities of the Coast Guard.
Sec. 311. Unauthorized access to intelligence community property.
Sec. 312. Strengthening of Office of Intelligence and Analysis.
Sec. 313. Report on sensitive commercially available information.
Sec. 314. Policy on collection of United States location information.
Sec. 315. Display of flags, seals, and emblems other than the United
States flag.
TITLE IV--COUNTERING FOREIGN THREATS
Subtitle A--People's Republic of China
Sec. 401. Strategy and outreach on risks posed by People's Republic of
China smartport technology.
Sec. 402. Assessment of current status of biotechnology of People's
Republic of China.
Sec. 403. Intelligence sharing with law enforcement agencies on
synthetic opioid precursor chemicals originating in
People's Republic of China.
Sec. 404. Report on efforts of the People's Republic of China to evade
United States transparency and national security
regulations.
Sec. 405. Plan for recruitment of Mandarin speakers.
Subtitle B--The Russian Federation
Sec. 411. Assessment of Russian Federation sponsorship of acts of
international terrorism.
Sec. 412. Assessment of likely course of war in Ukraine.
Subtitle C--International Terrorism
Sec. 421. Inclusion of Hamas, Hezbollah, Al-Qaeda, and ISIS officials
and members among aliens engaged in terrorist activity.
Sec. 422. Assessment and report on the threat of ISIS-Khorasan to the
United States.
Sec. 423. Terrorist financing prevention.
Subtitle D--Other Foreign Threats
Sec. 431. Assessment of visa-free travel to and within Western
Hemisphere by nationals of countries of concern.
Sec. 432. Study on threat posed by foreign investment in United States
agricultural land.
Sec. 433. Assessment of threat posed by citizenship-by-investment
programs.
Sec. 434. Mitigating the use of United States components and technology
in hostile activities by foreign adversaries.
Sec. 435. Office of Intelligence and Counterintelligence review of
visitors and assignees.
Sec. 436. Prohibition on National Laboratories admitting certain
foreign nationals.
Sec. 437. Quarterly report on certain foreign nationals encountered at
the United States border.
Sec. 438. Assessment of the lessons learned by the intelligence
community with respect to the Israel-Hamas war.
Sec. 439. Central Intelligence Agency intelligence assessment on Tren
de Aragua.
Sec. 440. Assessment of Maduro regime's economic and security
relationships with state sponsors of terrorism and
foreign terrorist organizations.
Sec. 441. Continued congressional oversight of Iranian expenditures
supporting foreign military and terrorist activities.
TITLE V--EMERGING TECHNOLOGIES
Sec. 501. Strategy to counter foreign adversary efforts to utilize
biotechnologies in ways that threaten United States
national security.
Sec. 502. Improvements to the roles, missions, and objectives of the
National Counterproliferation and Biosecurity Center.
Sec. 503. Enhancing capabilities to detect foreign adversary threats
relating to biological data.
Sec. 504. National security procedures to address certain risks and
threats relating to artificial intelligence.
Sec. 505. Establishment of Artificial Intelligence Security Center.
Sec. 506. Sense of Congress encouraging intelligence community to
increase private sector capital partnerships and
partnership with Office of Strategic Capital of
Department of Defense to secure enduring technological
advantages.
Sec. 507. Intelligence Community Technology Bridge Fund.
Sec. 508. Enhancement of authority for intelligence community public-
private talent exchanges.
Sec. 509. Enhancing intelligence community ability to acquire emerging
technology that fulfills intelligence community needs.
Sec. 510. Management of artificial intelligence security risks.
Sec. 511. Protection of technological measures designed to verify
authenticity or provenance of machine-manipulated media.
Sec. 512. Sense of Congress on hostile foreign cyber actors.
Sec. 513. Designation of state sponsors of ransomware and reporting
requirements.
Sec. 514. Deeming ransomware threats to critical infrastructure a
national intelligence priority.
Sec. 515. Enhancing public-private sharing on manipulative adversary
practices in critical mineral projects.
TITLE VI--CLASSIFICATION REFORM
Sec. 601. Governance of classification and declassification system.
Sec. 602. Classification and declassification of information.
Sec. 603. Minimum standards for Executive agency insider threat
programs.
TITLE VII--SECURITY CLEARANCES AND INTELLIGENCE COMMUNITY WORKFORCE
IMPROVEMENTS
Sec. 701. Security clearances held by certain former employees of
intelligence community.
Sec. 702. Policy for authorizing intelligence community program of
contractor-owned and contractor-operated sensitive
compartmented information facilities.
Sec. 703. Enabling intelligence community integration.
Sec. 704. Appointment of spouses of certain Federal employees.
Sec. 705. Plan for staffing the intelligence collection positions of
the Central Intelligence Agency.
Sec. 706. Intelligence community workplace protections.
Sec. 707. Sense of Congress on Government personnel support for foreign
terrorist organizations.
TITLE VIII--WHISTLEBLOWERS
Sec. 801. Improvements regarding urgent concerns submitted to
Inspectors General of the intelligence community.
Sec. 802. Prohibition against disclosure of whistleblower identity as
act of reprisal.
Sec. 803. Protection for individuals making authorized disclosures to
Inspectors General of elements of the intelligence
community.
Sec. 804. Clarification of authority of certain Inspectors General to
receive protected disclosures.
Sec. 805. Whistleblower protections relating to psychiatric testing or
examination.
Sec. 806. Establishing process parity for adverse security clearance
and access determinations.
Sec. 807. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and access
determinations.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Additional discretion for Director of Central Intelligence
Agency in paying costs of treating qualifying injuries
and making payments for qualifying injuries to the brain.
Sec. 902. Additional discretion for Secretary of State and heads of
other Federal agencies in paying costs of treating
qualifying injuries and making payments for qualifying
injuries to the brain.
Sec. 903. Improved funding flexibility for payments made by Department
of State for qualifying injuries to the brain.
TITLE X--UNIDENTIFIED ANOMALOUS PHENOMENA
Sec. 1001. Comptroller General of the United States review of All-
domain Anomaly Resolution Office.
Sec. 1002. Sunset of requirements relating to audits of unidentified
anomalous phenomena historical record report.
Sec. 1003. Funding limitations relating to unidentified anomalous
phenomena.
TITLE XI--AIR AMERICA
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Award authorized to eligible persons.
Sec. 1105. Funding limitation.
Sec. 1106. Time limitation.
Sec. 1107. Application procedures.
Sec. 1108. Rule of construction.
Sec. 1109. Attorneys' and agents' fees.
Sec. 1110. No judicial review.
Sec. 1111. Reports to Congress.
TITLE XII--OTHER MATTERS
Sec. 1201. Enhanced authorities for amicus curiae under the Foreign
Intelligence Surveillance Act of 1978.
[[Page S4610]]
Sec. 1202. Limitation on directives under Foreign Intelligence
Surveillance Act of 1978 relating to certain electronic
communication service providers.
Sec. 1203. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act of 2024.
Sec. 1204. Privacy and Civil Liberties Oversight Board qualifications.
Sec. 1205. Parity in pay for staff of the Privacy and Civil Liberties
Oversight Board and the intelligence community.
Sec. 1206. Modification and repeal of reporting requirements.
Sec. 1207. Technical amendments.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2025 for the conduct of the intelligence and
intelligence-related activities of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the Federal Government are those
specified in the classified Schedule of Authorizations
prepared to accompany this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2025 the sum of $656,573,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2025 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2025.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
SEC. 301. IMPROVEMENTS RELATING TO CONFLICTS OF INTEREST IN
THE INTELLIGENCE INNOVATION BOARD.
Section 7506(g) of the Intelligence Authorization Act for
Fiscal Year 2024 (Public Law 118-31) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``active and'' before
``potential'';
(B) in subparagraph (B), by striking ``the Inspector
General of the Intelligence Community'' and inserting ``the
designated agency ethics official'';
(C) by redesignating subparagraph (C) as subparagraph (D);
and
(D) by inserting after subparagraph (B) the following:
``(C) Authority for the designated agency ethics official
to grant a waiver for a conflict of interest, except that--
``(i) no waiver may be granted for an active conflict of
interest identified with respect to the Chair of the Board;
``(ii) every waiver for a potential conflict of interest
requires review and approval by the Director of National
Intelligence; and
``(iii) for every waiver granted, the designated agency
ethics official shall submit to the congressional
intelligence committees notice of the waiver.''; and
(2) by adding at the end the following:
``(3) Definition of designated agency ethics official.--In
this subsection, the term `designated agency ethics official'
means the designated agency ethics official (as defined in
section 13101 of title 5, United States Code) in the Office
of the Director of National Intelligence.''.
SEC. 302. NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION
ASSESSMENT AND NATIONAL COUNTERINTELLIGENCE
STRATEGY.
Section 904(f)(3) of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3383(f)(3)) is amended by striking
``National Counterintelligence Executive'' and inserting
``Director of the National Counterintelligence and Security
Center''.
SEC. 303. OPEN SOURCE INTELLIGENCE DIVISION OF OFFICE OF
INTELLIGENCE AND ANALYSIS PERSONNEL.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2025 for the
Office of Intelligence and Analysis of the Department of
Homeland Security may be obligated or expended by the Office
to increase, above the staffing level in effect on the day
before the date of the enactment of this Act, the number of
personnel assigned to the Open Source Intelligence Division
who work exclusively or predominantly on domestic terrorism
issues.
SEC. 304. APPOINTMENT OF DIRECTOR OF THE OFFICE OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215(c) of the Department of Energy
Organization Act (42 U.S.C. 7144b(c)) is amended to read as
follows:
``(c) Director.--
``(1) Appointment.--The head of the Office shall be the
Director of the Office of Intelligence and
Counterintelligence, who shall be appointed by the President,
by and with the advice and consent of the Senate. The
Director of the Office shall report directly to the
Secretary.
``(2) Term.--
``(A) In general.--The Director shall serve for a term of 6
years.
``(B) Reappointment.--The Director shall be eligible for
reappointment for 1 or more terms.
``(3) Qualifications.--The Director shall--
``(A) be an employee in the Senior Executive Service, the
Senior Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate; and
``(B) have substantial expertise in matters relating to the
intelligence community, including foreign intelligence and
counterintelligence.''.
(b) Effective Date.--The amendment made by this section
shall take effect on January 21, 2025.
SEC. 305. IMPROVEMENTS TO ADVISORY BOARD OF NATIONAL
RECONNAISSANCE OFFICE.
Section 106A(d) of the National Security Act of 1947 (50
U.S.C. 3041a(d)) is amended--
(1) in paragraph (3)(A)--
(A) in clause (i)--
(i) by striking ``five members appointed by the Director,
in consultation with the Director of National Intelligence
and the Secretary of Defense,'' and inserting ``up to 8
members appointed by the Director''; and
(ii) by inserting ``, and who do not present any actual or
potential conflict of interest'' before the period at the
end;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
``(ii) Membership structure.--The Director shall ensure
that no more than 2 concurrently serving members of the Board
qualify for membership on the Board based predominantly on a
single qualification set forth under clause (i).'';
(2) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively;
(3) by inserting after paragraph (4) the following:
``(5) Charter.--The Director shall establish a charter for
the Board that includes the following:
``(A) Mandatory processes for identifying potential
conflicts of interest, including the submission of initial
and periodic financial disclosures by Board members.
``(B) The vetting of potential conflicts of interest by the
designated agency ethics official, except that no individual
waiver may be granted for a conflict of interest identified
with respect to the Chair of the Board.
``(C) The establishment of a process and associated
protections for any whistleblower alleging a violation of
applicable conflict of interest law, Federal contracting law,
or other provision of law.''; and
(4) in paragraph (8), as redesignated by paragraph (2), by
striking ``September 30, 2024'' and inserting ``August 31,
2027''.
SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY ACCEPTANCE OF
GRANTS.
(a) In General.--Subtitle D of title X of the National
Security Act of 1947 (50 U.S.C. 3227 et seq.) is amended by
adding at the end the following:
[[Page S4611]]
``Sec. 1035. National Intelligence University acceptance of
grants
``(a) Authority.--The Director of National Intelligence may
authorize the President of the National Intelligence
University to accept qualifying research grants.
``(b) Qualifying Grants.--A qualifying research grant under
this section is a grant that is awarded on a competitive
basis by an entity referred to in subsection (c) for a
research project with a scientific, literary, or educational
purpose.
``(c) Entities From Which Grants May Be Accepted.--A
qualifying research grant may be accepted under this section
only from a Federal agency or from a corporation, fund,
foundation, educational institution, or similar entity that
is organized and operated primarily for scientific, literary,
or educational purposes.
``(d) Administration of Grant Funds.--
``(1) Establishment of account.--The Director shall
establish an account for administering funds received as
qualifying research grants under this section.
``(2) Use of funds.--The President of the University shall
use the funds in the account established pursuant to
paragraph (1) in accordance with applicable provisions of the
regulations and the terms and conditions of the grants
received.
``(e) Related Expenses.--Subject to such limitations as may
be provided in appropriations Acts, appropriations available
for the National Intelligence University may be used to pay
expenses incurred by the University in applying for, and
otherwise pursuing, the award of qualifying research grants.
``(f) Regulations.--The Director of National Intelligence
shall prescribe regulations for the administration of this
section.''.
(b) Clerical Amendment.--The table of contents preceding
section 2 of such Act is amended by inserting after the item
relating to section 1034 the following new item:
``Sec. 1035. National Intelligence University acceptance of grants.''.
SEC. 307. PROTECTION OF CENTRAL INTELLIGENCE AGENCY
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.) is amended by inserting after section 15 the
following new section (and conforming the table of contents
at the beginning of such Act accordingly):
``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
``(a) Definitions.--In this section:
``(1) Budget.--The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is submitted
to Congress by the President under section 1105(a) of title
31, United States Code.
``(2) Congressional intelligence committees.--The term
`congressional intelligence committees' means--
``(A) the Select Committee on Intelligence of the Senate;
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives;
``(C) the Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
``(D) the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
``(3) Congressional judiciary committees.--The term
`congressional judiciary committees' means--
``(A) the Committee on the Judiciary of the Senate; and
``(B) the Committee on the Judiciary of the House of
Representatives.
``(4) Congressional transportation and infrastructure
committees.--The term `congressional transportation and
infrastructure committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(5) Covered facility or asset.--The term `covered
facility or asset' means property owned, leased, or
controlled by the Agency, property controlled and occupied by
the Federal Highway Administration, located immediately
adjacent to the headquarters compound of the Agency, and
property owned, leased, or controlled by the Office of the
Director of National Intelligence where the property--
``(A) is identified as high-risk and a potential target for
unlawful unmanned aircraft activity by the Director, in
coordination with the Secretary of Transportation, with
respect to potentially impacted airspace, through a risk-
based assessment for purposes of this section;
``(B) is located in the United States and beneath airspace
that is prohibited or restricted by the Federal Aviation
Administration;
``(C) is a property of which Congress has been notified is
covered under this paragraph; and
``(D) directly relates to one or more functions authorized
to be performed by the Agency, pursuant to the National
Security Act of 1947 (50 U.S.C. 3001) or this Act.
``(6) Electronic communication.--The term `electronic
communication' has the meaning given such term in section
2510 of title 18, United States Code.
``(7) Intercept.--The term `intercept' has the meaning
given such term in section 2510 of title 18, United States
Code.
``(8) Oral communication.--The term `oral communication'
has the meaning given such term in section 2510 of title 18,
United States Code.
``(9) Radio communication.--The term `radio communication'
has the meaning given that term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
``(10) Risk-based assessment.--The term `risk-based
assessment' includes an evaluation of threat information
specific to a covered facility or asset and, with respect to
potential impacts on the safety and efficiency of the
National Airspace System and the needs of national security
at each covered facility or asset identified by the Director,
an evaluation of each of the following factors:
``(A) Potential impacts to safety, efficiency, and use of
the National Airspace System, including potential effects on
manned aircraft and unmanned aircraft systems, aviation
safety, airport operations, infrastructure, and air
navigation services relating to the use of any system or
technology for carrying out the actions described in
subsection (c)(1).
``(B) Options for mitigating any identified impacts to the
National Airspace System relating to the use of any system or
technology, including minimizing when possible the use of any
system or technology that disrupts the transmission of radio
or electronic signals, for carrying out the actions described
in subsection (c)(1).
``(C) Potential consequences of the effects of any actions
taken under subsection (c)(1) to the National Airspace System
and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance notice to
aircraft operators consistent with the safety of the National
Airspace System and the needs of national security.
``(E) The setting and character of any covered facility or
asset, including whether it is located in a populated area or
near other structures, and any potential for interference
with wireless communications or for injury or damage to
persons or property.
``(F) Potential consequences to national security if
threats posed by unmanned aircraft systems or unmanned
aircraft are not mitigated or defeated.
``(11) United states.--The term `United States' has the
meaning given that term in section 5 of title 18, United
States Code.
``(12) 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.
``(13) Wire communication.--The term `wire communication'
has the meaning given such term in section 2510 of title 18,
United States Code.
``(b) Authority.--Notwithstanding section 46502 of title
49, United States Code, or sections 32, 1030, and 1367 and
chapters 119 and 206 of title 18, United States Code, or
section 705 of the Communications Act of 1934 (47 U.S.C.
605), the Director may take, and may authorize Agency
personnel with assigned duties that include the security or
protection of people, facilities, or assets within the United
States to take--
``(1) such actions described in subsection (c)(1) that are
necessary to mitigate a credible threat (as defined by the
Director, in consultation with the Secretary of
Transportation) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered
facility or asset; and
``(2) such actions described in subsection (c)(3).
``(c) Actions.--
``(1) Actions described.--The actions described in this
paragraph are the following:
``(A) During the operation of the unmanned aircraft system,
detect, identify, monitor, and track the unmanned aircraft
system or unmanned aircraft, without prior consent, including
by means of intercept or other access of a wire
communication, an oral communication, or an electronic
communication used to control the unmanned aircraft system or
unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active and by
direct or indirect physical, electronic, radio, or
electromagnetic means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent, including by
disabling the unmanned aircraft system or unmanned aircraft
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications used to
control the unmanned aircraft system or unmanned aircraft.
``(D) Seize or exercise control over the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to seize or
otherwise disable, damage, or destroy the unmanned aircraft
system or unmanned aircraft.
``(2) Coordination.--The Director shall develop the actions
described in paragraph (1) in coordination with the Secretary
of Transportation.
``(3) Research, testing, training, and evaluation.--
``(A) In general.--The Director shall conduct research,
testing, training on, and evaluation of any equipment,
including any electronic equipment, to determine the
capability and utility of the equipment prior to
[[Page S4612]]
the use of the equipment for any action described in
paragraph (1).
``(B) Personnel.--Personnel and contractors who do not have
assigned duties that include the security or protection of
people, facilities, or assets may engage in research,
testing, training, and evaluation activities pursuant to
subparagraph (A).
``(4) FAA coordination.--The Director shall coordinate with
the Administrator of the Federal Aviation Administration on
any action described in paragraph (1) or (3) so the
Administrator may ensure that unmanned aircraft system
detection and mitigation systems do not adversely affect or
interfere with safe airport operations, navigation, air
traffic services, or the safe and efficient operation of the
National Airspace System.
``(d) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is seized pursuant to subsection (b) as
described in subsection (c)(1) is subject to forfeiture to
the United States.
``(e) Regulations and Guidance.--
``(1) Issuance.--The Director and the Secretary of
Transportation may each prescribe regulations, and shall each
issue guidance, to carry out this section.
``(2) Coordination.--
``(A) Requirement.--The Director shall coordinate the
development of guidance under paragraph (1) with the
Secretary of Transportation.
``(B) Aviation safety.--The Director shall coordinate with
the Secretary of Transportation and the Administrator of the
Federal Aviation Administration before issuing any guidance,
or otherwise implementing this section, so the Administrator
may ensure that unmanned aircraft system detection and
mitigation systems do not adversely affect or interfere with
safe airport operations, navigation, air traffic services, or
the safe and efficient operation of the National Airspace
System.
``(f) Privacy Protection.--The regulations prescribed or
guidance issued under subsection (e) shall ensure that--
``(1) the interception or acquisition of, or access to, or
maintenance or use of, communications to or from an unmanned
aircraft system or unmanned aircraft under this section is
conducted in a manner consistent with the First and Fourth
Amendments to the Constitution of the United States and
applicable provisions of Federal law;
``(2) communications to or from an unmanned aircraft system
or unmanned aircraft are intercepted or acquired only to the
extent necessary to support an action described in subsection
(c);
``(3) records of such communications are maintained only
for as long as necessary, and in no event for more than 180
days, unless the Director determines that maintenance of such
records for a longer period is necessary for the
investigation or prosecution of a violation of law, to
fulfill a duty, responsibility, or function of the Agency, is
required under Federal law, or for the purpose of any
litigation; and
``(4) such communications are not disclosed outside the
Agency unless the disclosure--
``(A) is necessary to investigate or prosecute a violation
of law;
``(B) would support the Agency, the Department of Defense,
a Federal law enforcement, intelligence, or security agency,
a State, local, Tribal, or territorial law enforcement
agency, or other relevant person or entity if such entity or
person is engaged in a security or protection operation;
``(C) is necessary to support a department or agency listed
in subparagraph (B) in investigating or prosecuting a
violation of law;
``(D) would support the enforcement activities of a
regulatory agency of the Federal Government in connection
with a criminal or civil investigation of, or any regulatory,
statutory, or other enforcement action relating to, an action
described in subsection (b);
``(E) is necessary to protect against dangerous or
unauthorized activity by unmanned aircraft systems or
unmanned aircraft;
``(F) is necessary to fulfill a duty, responsibility, or
function of the Agency; or
``(G) is otherwise required by law.
``(g) Budget.--
``(1) In general.--The Director shall submit to the
congressional intelligence committees, as a part of the
budget request of the Agency for each fiscal year after
fiscal year 2025, a consolidated funding display that
identifies the funding source for the actions described in
subsection (c)(1) within the Agency.
``(2) Form.--Each funding display submitted pursuant to
paragraph (1) shall be in unclassified form, but may contain
a classified annex.
``(h) Semiannual Briefings and Notifications.--
``(1) Briefings.--Not later than 180 days after the date of
the enactment of the Intelligence Authorization Act for
Fiscal Year 2025 and semiannually thereafter, the Director
shall provide the congressional intelligence committees, the
congressional judiciary committees, and the congressional
transportation and infrastructure committees a briefing on
the activities carried out pursuant to this section during
the period covered by the briefing.
``(2) Requirement.--Each briefing under paragraph (1) shall
be conducted jointly with the Secretary of Transportation.
``(3) Contents.--Each briefing under paragraph (1) shall
include, for the period covered by the briefing, the
following:
``(A) Policies, programs, and procedures to mitigate or
eliminate the effects of the activities described in
paragraph (1) to the National Airspace System and other
critical national transportation infrastructure.
``(B) A description of instances in which actions described
in subsection (c)(1) have been taken, including all such
instances that may have resulted in harm, damage, or loss to
a person or to private property.
``(C) A description of the guidance, policies, or
procedures established to address privacy, civil rights, and
civil liberties issues affected by the actions allowed under
this section, as well as any changes or subsequent efforts
that would significantly affect privacy, civil rights, or
civil liberties.
``(D) A description of options considered and steps taken
to mitigate any identified effects on the National Airspace
System relating to the use of any system or technology,
including the minimization of the use of any technology that
disrupts the transmission of radio or electronic signals, for
carrying out the actions described in subsection (c)(1).
``(E) A description of instances in which communications
intercepted or acquired during the course of operations of an
unmanned aircraft system or unmanned aircraft were maintained
for more than 180 days or disclosed outside the Agency.
``(F) How the Director and the Secretary of Transportation
have informed the public as to the possible use of
authorities under this section.
``(G) How the Director and the Secretary of Transportation
have engaged with Federal, State, local, territorial, or
Tribal law enforcement agencies to implement and use such
authorities.
``(H) An assessment of whether any gaps or insufficiencies
remain in statutes, regulations, and policies that impede the
ability of the Agency to counter the threat posed by the
malicious use of unmanned aircraft systems and unmanned
aircraft and any recommendations to remedy such gaps or
insufficiencies.
``(4) Form.--Each briefing under paragraph (1) shall be in
unclassified form, but may be accompanied by an additional
classified report.
``(5) Notification.--
``(A) In general.--Within 30 days of deploying any new
technology to carry out the actions described in subsection
(c)(1), the Director shall submit to the congressional
intelligence committees a notification of the deployment of
such technology.
``(B) Contents.--Each notification submitted pursuant to
subparagraph (A) shall include a description of options
considered to mitigate any identified effects on the National
Airspace System relating to the use of any system or
technology, including the minimization of the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (c)(1).
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to vest in the Director any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration; or
``(2) to vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Director.
``(j) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
authority to carry out this section with respect to the
actions specified in subparagraphs (B) through (F) of
subsection (c)(1), shall terminate on the date that is 4
years after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2025.
``(2) Extension.--The President may extend by 1 year the
termination date specified in paragraph (1) if, before
termination, the President certifies to Congress that such
extension is in the national security interests of the United
States.
``(k) Scope of Authority.--Nothing in this section shall be
construed to provide the Director or the Secretary of
Transportation with additional authorities beyond those
described in subsections (b) and (d).''.
SEC. 308. LIMITATION ON AVAILABILITY OF FUNDS FOR NEW
CONTROLLED ACCESS PROGRAMS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2025 for the
National Intelligence Program may be obligated or expended
for any controlled access program (as defined in section
501A(d) of the National Security Act of 1947 (50 U.S.C.
3091a(d))), or a compartment or subcompartment therein, that
is established on or after the date of the enactment of this
Act, until the head of the element of the intelligence
community responsible for the establishment of such program,
compartment, or subcompartment, submits the notification
required by section 501A(b) of the National Security Act of
1947 (50 U.S.C. 3091a(b)).
SEC. 309. LIMITATION ON TRANSFERS FROM CONTROLLED ACCESS
PROGRAMS.
Section 501A(b) of the National Security Act of 1947 (50
U.S.C. 3091a(b)) is amended--
(1) in the subsection heading, by striking ``Limitation on
Establishment'' and inserting ``Limitations'';
(2) by striking ``A head'' and inserting the following:
``(1) Establishment.--A head''; and
(3) by adding at the end the following:
``(2) Transfers.--A head of an element of the intelligence
community may not transfer a capability from a controlled
access program, including from a compartment or
subcompartment therein to a compartment or
[[Page S4613]]
subcompartment of another controlled access program, to a
special access program (as defined in section 1152(g) of the
National Defense Authorization Act for Fiscal Year 1994 (50
U.S.C. 3348(g))), or to anything else outside the controlled
access program, until the head submits to the appropriate
congressional committees and congressional leadership notice
of the intent of the head to make such transfer.''.
SEC. 310. EXPENDITURE OF FUNDS FOR CERTAIN INTELLIGENCE AND
COUNTERINTELLIGENCE ACTIVITIES OF THE COAST
GUARD.
The Commandant of the Coast Guard may use up to 1 percent
of the amounts made available for the National Intelligence
Program (as such term is defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) for each fiscal year
for intelligence and counterintelligence activities of the
Coast Guard relating to objects of a confidential,
extraordinary, or emergency nature, which amounts may be
accounted for solely on the certification of the Commandant
and each such certification shall be considered to be a
sufficient voucher for the amount contained in the
certification.
SEC. 311. UNAUTHORIZED ACCESS TO INTELLIGENCE COMMUNITY
PROPERTY.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by adding at the end the
following:
``SEC. 1115. UNAUTHORIZED ACCESS TO INTELLIGENCE COMMUNITY
PROPERTY.
``(a) In General.--It shall be unlawful, within the
jurisdiction of the United States, without authorization to
access any property that--
``(1) is under the jurisdiction of an element of the
intelligence community; and
``(2) has been clearly marked as closed or restricted.
``(b) Penalties.--Any person who violates subsection (a)
shall--
``(1) in the case of the first offense, be fined under
title 18, United States Code, imprisoned for not more than
180 days, or both;
``(2) in the case of the second offense, be fined under
such title, imprisoned for not more than 3 years, or both;
and
``(3) in the case of the third or subsequent offense, be
fined under such title, imprisoned for not more than 10
years, or both.''.
(b) Clerical Amendment.--The table of contents preceding
section 2 of such Act is amended by adding at the end the
following:
``Sec. 1115. Unauthorized access to intelligence community property.''.
SEC. 312. STRENGTHENING OF OFFICE OF INTELLIGENCE AND
ANALYSIS.
(a) In General.--Section 311 of title 31, United States
Code, is amended to read as follows:
``Sec. 311. Office of Economic Intelligence and Security
``(a) Definitions.--In this section, the terms
`counterintelligence', `foreign intelligence', and
`intelligence community' have the meanings given such terms
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
``(b) Establishment.--There is established within the
Office of Terrorism and Financial Intelligence of the
Department of the Treasury, the Office of Economic
Intelligence and Security (in this section referred to as the
`Office'), which shall--
``(1) be responsible for the receipt, analysis, collation,
and dissemination of foreign intelligence and foreign
counterintelligence information relating to the operation and
responsibilities of the Department of the Treasury and other
Federal agencies executing economic statecraft tools that do
not include any elements that are elements of the
intelligence community;
``(2) provide intelligence support and economic analysis to
Federal agencies implementing United States economic policy,
including for purposes of global strategic competition; and
``(3) have such other related duties and authorities as may
be assigned by the Secretary for purposes of the
responsibilities described in paragraph (1), subject to the
authority, direction, and control of the Secretary, in
consultation with the Director of National Intelligence.
``(c) Assistant Secretary for Economic Intelligence and
Security.--The Office shall be headed by an Assistant
Secretary, who shall be appointed by the President, by and
with the advice and consent of the Senate. The Assistant
Secretary shall report directly to the Undersecretary for
Terrorism and Financial Crimes.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 311 and inserting the following:
``311. Office of Economic Intelligence and Security.''.
(c) Conforming Amendment.--Section 3(4)(J) of the National
Security Act of 1947 (50 U.S.C. 3003(4)(J)) is amended by
striking ``Office of Intelligence and Analysis'' and
inserting ``Office of Economic Intelligence and Security''.
(d) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Office of Intelligence and Analysis of the Department of the
Treasury shall be deemed a reference to the Office of
Economic Intelligence and Security of the Department of the
Treasury.
SEC. 313. REPORT ON SENSITIVE COMMERCIALLY AVAILABLE
INFORMATION.
(a) Definitions.--
(1) Commercially available information.--The term
``commercially available information'' means--
(A) any data or other information of the type customarily
made available or obtainable and sold, leased, or licensed to
members of the general public or to non-governmental entities
for purposes other than governmental purposes; or
(B) data and information for exclusive government use
knowingly and voluntarily provided by, procured from, or made
accessible by corporate entities on their own initiative or
at the request of a government entity.
(2) Personally identifiable information.--The term
``personally identifiable information'' means information
that, alone or when combined with other information regarding
an individual, can be used to distinguish or trace the
identity of such individual.
(3) Sensitive activities.--The term ``sensitive
activities'' means activities that, over an extended period
of time--
(A) establish a pattern of life;
(B) reveal personal affiliations, preferences, or
identifiers;
(C) facilitate prediction of future acts;
(D) enable targeting activities;
(E) reveal the exercise of individual rights and freedoms,
including the rights to freedom of speech and of the press,
to free exercise of religion, to peaceably assemble,
including membership or participation in organizations or
associations, and to petition the government; or
(F) reveal any other activity the disclosure of which could
cause substantial harm, embarrassment, inconvenience, or
unfairness to the United States person who engaged in the
activity.
(4) Sensitive commercially available information.--The term
``sensitive commercially available information''--
(A) means commercially available information that is known
or reasonably expected to contain--
(i) a substantial volume of personally identifiable
information regarding United States persons; or
(ii) a greater than de minims volume of sensitive data;
(B) shall not include--
(i) newspapers or other periodicals;
(ii) weather reports;
(iii) books;
(iv) journal articles or other published works;
(v) public filings or records;
(vi) documents or databases similar to those described in
clauses (i) through (v), whether accessed through a
subscription or accessible free of cost; or
(vii) limited data samples made available to elements of
the intelligence community for the purposes of allowing such
elements to determine whether to purchase the full dataset
and not accessed, retained, or used for any other purpose.
(5) Sensitive data.--The term ``sensitive data'' means data
that--
(A)(i) captures personal attributes, conditions, or
identifiers that are traceable to 1 or more specific United
States persons, either through the dataset or by correlating
the dataset with other available information; and
(ii) concerns the race or ethnicity, political opinions,
religious beliefs, sexual orientation, gender identity,
medical or genetic information, financial data, or any other
data with respect to such specific United States person or
United States persons the disclosure of which would have the
potential to cause substantial harm, embarrassment,
inconvenience, or unfairness to the United States person or
United States persons described by the data; or
(B) captures the sensitive activities of 1 or more United
States persons.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an unorganized association substantially composed of
United States citizens or permanent resident aliens; or
(C) an entity organized under the laws of the United States
or of any jurisdiction within the United States, with the
exception of any such entity directed or controlled by a
foreign government.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter, the head
of each element of the intelligence community shall submit to
the congressional intelligence committees a report on the
access to, collection, processing, and use of sensitive
commercially available information by the respective element.
(2) Contents.--
(A) In general.--For each dataset containing sensitive
commercially available information accessed, collected,
processed, or used by the element concerned for purposes
other than research and development, a report required by
paragraph (1) shall include the following:
(i) A description of the nature and volume of the sensitive
commercially available information accessed or collected by
the element.
(ii) A description of the mission or administrative need or
function for which the sensitive commercially available
information is accessed or collected, and of the nature,
scope, reliability, and timeliness of the dataset required to
fulfill such mission or administrative need or function.
[[Page S4614]]
(iii) A description of the purpose of the access,
collection, or processing, and the intended use of the
sensitive commercially available information.
(iv) An identification of the legal authority for the
collection or access, and processing of the sensitive
commercially available information.
(v) An identification of the source of the sensitive
commercially available information and the persons from whom
the sensitive commercially available information was accessed
or collected.
(vi) A description of the mechanics of the access,
collection, and processing of the sensitive commercially
available information, including the Federal entities that
participated in the procurement process.
(vii) A description of the method by which the element has
limited the access to and collection and processing of the
sensitive commercially available information to the maximum
extent feasible consistent with the need to fulfill the
mission or administrative need.
(viii) An assessment of whether the mission or
administrative need can be fulfilled if reasonably available
privacy-enhancing techniques, such as filtering or
anonymizing, the application of traditional safeguards,
including access limitations and retention limits,
differential privacy techniques, or other information-masking
techniques, such as restrictions or correlation, are
implemented with respect to information concerning United
States persons.
(ix) An assessment of the privacy and civil liberties risks
associated with accessing, collecting, or processing the data
and the methods by which the element mitigates such risks.
(x) An assessment of the applicability of section 552a of
title 5, United States Code (commonly referred to as the
``Privacy Act of 1974''), if any.
(xi) To the extent feasible, an assessment of the original
source of the data and the method through which the dataset
was generated and aggregated, and whether any element of the
intelligence community previously accessed or collected the
same or similar sensitive commercially available information
from the source.
(xii) An assessment of the quality and integrity of the
data, including, as appropriate, whether the sensitive
commercially available information reflects any underlying
biases or inferences, and efforts to ensure that any
intelligence products created with the data are consistent
with the standards of the intelligence community for accuracy
and objectivity.
(xiii) An assessment of the security, operational, and
counterintelligence risks associated with the means of
accessing or collecting the data, and recommendations for how
the element could mitigate such risks.
(xiv) A description of the system in which the data is
retained and processed and how the system is properly secured
while allowing for effective implementation, management, and
audit, as practicable, of relevant privacy and civil
liberties protections.
(xv) An assessment of security risks posed by the system
architecture of vendors providing sensitive commercially
available information or access to such sensitive
commercially available information, access restrictions for
the data repository of each such vendor, and the vendor's
access to query terms and, if any, relevant safeguards.
(xvi) A description of procedures to restrict access to the
sensitive commercially available information.
(xvii) A description of procedures for conducting,
approving, documenting, and auditing queries, searches, or
correlations with respect to the sensitive commercially
available information.
(xviii) A description of procedures for restricting
dissemination of the sensitive commercially available
information, including deletion of information of United
States persons returned in response to a query or other
search unless the information is assessed to be associated or
potentially associated with the documented mission-related
justification for the query or search.
(xix) A description of masking and other privacy-enhancing
techniques used by the element to protect sensitive
commercially available information.
(xx) A description of any retention and deletion policies.
(xxi) A determination of whether unevaluated data or
information has been made available to other elements of the
intelligence community or foreign partners and, if so,
identification of those elements or partners.
(xxii) A description of any licensing agreements or
contract restrictions with respect to the sensitive
commercially available information.
(xxiii) A data management plan for the lifecycle of the
data, from access or collection to disposition.
(xxiv) For any item required by clauses (i) through (xxiii)
that cannot be completed due to exigent circumstances
relating to collecting, accessing, processing, or using
sensitive commercially available information, a description
of such exigent circumstances.
(B) Research and development data.--For each dataset
containing sensitive commercially available information
accessed, collected, processed, or used by the element
concerned solely for research and development purposes, a
report required by paragraph (1) may be limited to a
description of the oversight by the element of such access,
collection, process, and use.
(c) Public Report.--The Director of National Intelligence
shall make available to the public, once every 2 years, a
report on the policies and procedures of the intelligence
community with respect to access to and collection,
processing, and safeguarding of sensitive commercially
available information.
SEC. 314. POLICY ON COLLECTION OF UNITED STATES LOCATION
INFORMATION.
(a) Definitions.--In this section:
(1) United states location information.--The term ``United
States location information'' means information derived or
otherwise calculated from the transmission or reception of a
radio signal that reveals the approximate or actual
geographic location of a customer, subscriber, user, or
device in the United States, or, if the customer, subscriber,
or user is known to be a United States person, outside the
United States.
(2) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Attorney General,
shall issue a policy on the collection of United States
location information by the intelligence community.
(c) Content.--The policy required by subsection (a) shall
address the filtering, segregation, use, dissemination,
masking, and retention of United States location information.
(d) Form; Public Availability.--The policy required by
subsection (a)--
(1) shall be issued in unclassified form and made available
to the public; and
(2) may include a classified annex, which the Director of
National Intelligence shall submit to the congressional
intelligence committees.
SEC. 315. DISPLAY OF FLAGS, SEALS, AND EMBLEMS OTHER THAN THE
UNITED STATES FLAG.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) National intelligence program.--The term ``National
Intelligence Program'' has the meaning given such term in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
(b) In General.--Any flag, seal, or emblem that is not the
United States flag and is flown, draped, projected, or
otherwise displayed as a visual and symbolic representation
at a property, office, or other official location of an
element of the intelligence community--
(1) shall be smaller than the official United States flag;
and
(2) if flown, may not be displayed higher than or above the
United States flag.
(c) Limitation on Availability of Funds for Displaying and
Flying Flags.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2025 for the National Intelligence Program, may
be obligated or expended to fly or display a flag over a
facility of an element of the intelligence community other
than the following:
(1) The United States flag.
(2) The POW/MIA flag.
(3) The Hostage and Wrongful Detainee flag, pursuant to
section 904 of title 36, United States Code.
(4) The flag of a State, insular area, or the District of
Columbia at a domestic location.
(5) The flag of an Indian Tribal Government.
(6) The official branded flag of an Executive agency.
(7) The flag of an element, flag officer, or general
officer of the Armed Forces.
TITLE IV--COUNTERING FOREIGN THREATS
Subtitle A--People's Republic of China
SEC. 401. STRATEGY AND OUTREACH ON RISKS POSED BY PEOPLE'S
REPUBLIC OF CHINA SMARTPORT TECHNOLOGY.
(a) Strategy and Outreach Required.--The Director of the
National Counterintelligence and Security Center shall
develop a strategy and conduct outreach to United States
industry, including shipping companies, port operators, and
logistics firms, on the risks of smartport technology of the
People's Republic of China and other related risks posed by
entities of the People's Republic of China, including LOGINK,
China Ocean Shipping Company, Limited (COSCO), China
Communications Construction Company, Limited (CCCC), China
Media Group (CMG), and Shanghai Zhenhua Heavy Industries
Company Limited (ZPMC), to the national security of the
United States, the security of United States supply chains,
and commercial activity, including with respect to delays,
interruption, and lockout of access to systems and
technologies that enable the free flow of commerce.
(b) Consistency With Statutes and Executive Orders.--The
Director shall carry out subsection (a) in a manner that is
consistent with the following:
(1) Part 6 of title 33, Code of Federal Regulations, as
amended by Executive Order 14116 (89 Fed. Reg. 13971;
relating to amending regulations relating to the safeguarding
of vessels, harbors, ports, and waterfront facilities of the
United States.
[[Page S4615]]
(2) Executive Order 14017 (86 Fed. Reg. 11849; relating to
America's supply chains), or successor order.
(3) Section 825 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31).
(c) Coordination.--The Director shall carry out subsection
(a) in coordination with the Commandant of the Coast Guard,
the Director of the Federal Bureau of Investigation, the
Commander of the Office of Naval Intelligence, and such other
heads of Federal agencies as the Director considers
appropriate.
SEC. 402. ASSESSMENT OF CURRENT STATUS OF BIOTECHNOLOGY OF
PEOPLE'S REPUBLIC OF CHINA.
(a) Assessment.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in consultation with the Director of the
National Counterproliferation and Biosecurity Center and such
heads of elements of the intelligence community as the
Director of National Intelligence considers appropriate,
conduct an assessment of the current status of the
biotechnology of the People's Republic of China, which shall
include an assessment of how the People's Republic of China
is supporting the biotechnology sector through both licit and
illicit means, such as foreign direct investment, subsidies,
talent recruitment, or other efforts.
(b) Report.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Finance and the Committee on Foreign
Relations of the Senate; and
(C) the Committee on Ways and Means and the Committee on
Foreign Affairs of the House of Representatives.
(2) In general.--Not later than 30 days after the date on
which the Direct of National Intelligence completes the
assessment required by subsection (a), the Director shall
submit to the appropriate committees of Congress a report on
the findings of the Director with respect to the assessment.
(3) Form.--The report submitted pursuant to paragraph (2)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 403. INTELLIGENCE SHARING WITH LAW ENFORCEMENT AGENCIES
ON SYNTHETIC OPIOID PRECURSOR CHEMICALS
ORIGINATING IN PEOPLE'S REPUBLIC OF CHINA.
(a) Strategy Required.--The Director of National
Intelligence shall, in consultation with the head of the
Office of National Security Intelligence of the Drug
Enforcement Administration, the Under Secretary of Homeland
Security for Intelligence and Analysis, and the heads of such
other agencies as the Director considers appropriate, develop
a strategy to ensure robust intelligence sharing relating to
the illicit trafficking of synthetic opioid precursor
chemicals from the People's Republic of China and other
source countries.
(b) Mechanism for Collaboration.--The Director shall
develop a mechanism so that subject matter experts in
elements of the Federal Government other than elements in the
intelligence community, including those without security
clearances, can share information with the intelligence
community relating to illicit trafficking described in
subsection (a).
SEC. 404. REPORT ON EFFORTS OF THE PEOPLE'S REPUBLIC OF CHINA
TO EVADE UNITED STATES TRANSPARENCY AND
NATIONAL SECURITY REGULATIONS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Finance and the Committee on Foreign
Relations of the Senate; and
(3) the Committee on Ways and Means and the Committee on
Foreign Affairs of the House of Representatives.
(b) Report Required.--The Director of National Intelligence
shall submit to the appropriate committees of Congress a
report on efforts of the People's Republic of China to evade
the following:
(1) Identification under section 1260H of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note).
(2) Restrictions or limitations imposed by any of the
following:
(A) Section 805 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31).
(B) Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
41 U.S.C. 3901 note prec.).
(C) The list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury (commonly known as the ``SDN
list'').
(D) The Entity List maintained by the Bureau of Industry
and Security of the Department of Commerce and set forth in
Supplement No. 4 to part 744 of title 15, Code of Federal
Regulations.
(E) Commercial or dual-use export controls under the Export
Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) and the
Export Administration Regulations.
(F) Executive Order 14105 (88 Fed. Reg. 54867; relating to
addressing United States investments in certain national
security technologies and products in countries of concern),
or successor order.
(G) Import restrictions on products made with forced labor
implemented by U.S. Customs and Border Protection pursuant to
Public Law 117-78 (22 U.S.C. 6901 note).
(c) Form.--The report submitted pursuant to subsection (b)
shall be submitted in unclassified form.
SEC. 405. PLAN FOR RECRUITMENT OF MANDARIN SPEAKERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a comprehensive plan to prioritize the recruitment
and training of individuals who speak Mandarin Chinese for
each element of the intelligence community.
(b) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence and the Committee
on the Judiciary of the Senate; and
(2) the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
Subtitle B--The Russian Federation
SEC. 411. ASSESSMENT OF RUSSIAN FEDERATION SPONSORSHIP OF
ACTS OF INTERNATIONAL TERRORISM.
(a) Definitions.--In this section--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed
Services of the House of Representatives.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization that has been
designated as a foreign terrorist organization by the
Secretary of State, pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(3) Specially designated global terrorist organization.--
The term ``specially designated global terrorist
organization'' means an organization that has been designated
as a specially designated global terrorist by the Secretary
of State or the Secretary, pursuant to Executive Order 13224
(50 U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism).
(4) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined has repeatedly provided
support for acts of international terrorism, for purposes
of--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other provision of law.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall conduct and submit to the appropriate
congressional committees an assessment on the extent to which
the Russian Federation--
(1) provides support for acts of international terrorism;
and
(2) cooperates with the antiterrorism efforts of the United
States.
(c) Elements.--The assessment required by subsection (b)
shall include the following:
(1) A list of all instances in which the Russian
Federation, or an official of the Russian Federation, has
failed to show support for or cooperate with the United
States on international efforts to combat terrorism, such as
apprehending, prosecuting, or extraditing suspected and known
terrorists, including members of foreign terrorist
organizations, and sharing intelligence to deter terrorist
attacks.
(2) A list of all instances in which the Russian
Federation, or an official of the Russian Federation, has
provided financial, material, technical, or lethal support to
foreign terrorist organizations, specially designated global
terrorist organizations, state sponsors of terrorism, or for
acts of international terrorism.
(3) A list of all instances in which the Russian
Federation, or an official of the Russian Federation, has
willfully aided or abetted--
(A) the international proliferation of nuclear explosive
devices to persons;
(B) a person in acquiring unsafeguarded special nuclear
material; or
(C) the efforts of a person to use, develop, produce,
stockpile, or otherwise acquire chemical, biological, or
radiological weapons.
(4) A determination of whether the activities of the Wagner
Group constitute acts of international terrorism and whether
such activities continue under any of the successor entities
of the Wagner Group, including Afrika Corps.
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(d) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
(e) Briefings.--Not later than 30 days after submission of
the assessment required by subsection (b), the Director of
National Intelligence shall provide a classified briefing to
the appropriate congressional committees on the methodology
and findings of the assessment.
SEC. 412. ASSESSMENT OF LIKELY COURSE OF WAR IN UKRAINE.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in collaboration with the Director of the
Defense Intelligence Agency and the Director of the Central
Intelligence Agency, shall submit to the appropriate
committees of Congress an assessment of the likely course of
the war in Ukraine through December 31, 2025.
(c) Elements.--The assessment required by subsection (b)
shall include an assessment of each of the following:
(1) The ability of the military of Ukraine to defend
against Russian aggression if the United States does, or does
not, continue to provide military and economic assistance to
Ukraine during the period described in such subsection.
(2) The likely course of the war during such period if the
United States does, or does not, continue to provide military
and economic assistance to Ukraine.
(3) The ability and willingness of countries in Europe and
outside of Europe to continue to provide military and
economic assistance to Ukraine if the United States does, or
does not, do so, including the ability of such countries to
make up for any shortfall in United States assistance.
(4) The effects of a potential defeat of Ukraine by the
Russian Federation on the potential for further aggression
from the Russian Federation, the People's Republic of China,
the Islamic Republic of Iran, and the Democratic People's
Republic of Korea.
(d) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
Subtitle C--International Terrorism
SEC. 421. INCLUSION OF HAMAS, HEZBOLLAH, AL-QAEDA, AND ISIS
OFFICIALS AND MEMBERS AMONG ALIENS ENGAGED IN
TERRORIST ACTIVITY.
Section 212(a)(3)(B)(i) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(B)) is amended, in the undesignated
matter following subparagraph (IX), by striking ``or
spokesman of the Palestine Liberation Organization'' and
inserting ``spokesperson, or member of the Palestine
Liberation Organization, Hamas, Hezbollah, Al-Qaeda, ISIS, or
any successor or affiliate group, or who endorses or espouses
terrorist activities conducted by any of the aforementioned
groups,''.
SEC. 422. ASSESSMENT AND REPORT ON THE THREAT OF ISIS-
KHORASAN TO THE UNITED STATES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, the Director of the National
Counterterrorism Center, in coordination with such elements
of the intelligence community as the Director considers
relevant, shall--
(1) conduct an assessment of the threats to the United
States and United States citizens posed by ISIS-Khorasan; and
(2) submit to the appropriate committees of Congress a
written report on the findings of the assessment.
(c) Report Elements.--The report required by subsection (b)
shall include the following:
(1) A description of the historical evolution of ISIS-
Khorasan, beginning with Al-Qaeda and the attacks on the
United States on September 11, 2001.
(2) A description of the ideology and stated intentions of
ISIS-Khorasan as related to the United States and the
interests of the United States, including the homeland.
(3) A list of all terrorist attacks worldwide attributable
to ISIS-Khorasan or for which ISIS-Khorasan claimed credit,
beginning on January 1, 2015.
(4) A description of the involvement of ISIS-Khorasan in
Afghanistan before, during, and after the withdrawal of
United States military and civilian personnel and resources
in August 2021.
(5) The recruiting and training strategy of ISIS-Khorasan
following the withdrawal described in paragraph (4),
including--
(A) the geographic regions in which ISIS-Khorasan is
physically present;
(B) regions from which ISIS-Khorasan is recruiting; and
(C) its ambitions for individual actors worldwide and in
the United States.
(6) A description of the relationship between ISIS-Khorasan
and ISIS core, the Taliban, Al-Qaeda, and other terrorist
groups, as appropriate.
(7) A description of the association of members of ISIS-
Khorasan with individuals formerly detained at United States
Naval Station, Guantanamo Bay, Cuba.
(8) A description of ISIS-Khorasan's development of, and
relationships with, travel facilitation networks in Europe,
Central Asia, Eurasia, and Latin America.
(9) An assessment of ISIS-Khorasan's understanding of the
border and immigration policies and enforcement of the United
States.
(10) An assessment of the known travel of members of ISIS-
Khorasan within the Western Hemisphere and specifically
across the southern border of the United States.
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 423. TERRORIST FINANCING PREVENTION.
(a) Definitions.--In this section:
(1) Digital asset.--The term ``digital asset'' means any
digital representation of value that is recorded on a
cryptographically secured distributed ledger or any similar
technology, or another implementation which was designed and
built as part of a system to leverage or replace blockchain
or distributed ledger technology or their derivatives.
(2) Digital asset protocol.--The term ``digital asset
protocol'' means any communication protocol, smart contract,
or other software--
(A) deployed through the use of distributed ledger or
similar technology; and
(B) that provides a mechanism for users to interact and
agree to the terms of a trade for digital assets.
(3) Foreign digital asset transaction facilitator.--The
term ``foreign digital asset transaction facilitator'' means
any foreign person or group of foreign persons that, as
determined by the Secretary, controls, operates, or makes
available a digital asset protocol or similar facility, or
otherwise materially assists in the purchase, sale, exchange,
custody, or other transaction involving an exchange or
transfer of value using digital assets.
(4) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 561.308 of title 31, Code of Federal Regulations.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization that has been
designated as a foreign terrorist organization by the
Secretary of State, pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(7) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(9) Specially designated global terrorist organization.--
The term ``specially designated global terrorist
organization'' means an organization that has been designated
as a specially designated global terrorist by the Secretary
of State or the Secretary, pursuant to Executive Order 13224
(50 U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism).
(10) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
(b) Sanctions With Respect to Foreign Financial
Institutions and Foreign Digital Asset Transaction
Facilitators That Engage in Certain Transactions.--
(1) Mandatory identification.--Not later than 60 days after
the date of enactment of this Act, and periodically
thereafter, the Secretary shall identify and submit to the
President a report identifying any foreign financial
institution or foreign digital asset transaction facilitator
that has knowingly--
(A) facilitated a significant financial transaction with--
(i) a Foreign Terrorist Organization;
(ii) a specially designated global terrorist organization;
or
(iii) a person identified on the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury, the property and interests in property of which are
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) for acting on behalf of
or at the direction of, or being owned or controlled by, a
foreign terrorist organization or a specially designated
global terrorist organization; or
(B) engaged in money laundering to carry out an activity
described in subparagraph (A).
(2) Imposition of sanctions.--
(A) Foreign financial institutions.--The President shall
prohibit, or impose strict
[[Page S4617]]
conditions on, the opening or maintaining of a correspondent
account or a payable-through account in the United States by
a foreign financial institution identified under paragraph
(1).
(B) Foreign digital asset transaction facilitators.--The
President, pursuant to such regulations as the President may
prescribe, shall prohibit any transactions between any person
subject to the jurisdiction of the United States and a
foreign digital asset transaction facilitator identified
under paragraph (1).
(3) Implementation and penalties.--
(A) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702,
1704) to the extent necessary to carry out this Act.
(B) Penalties.--The penalties set forth in subsections (b)
and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under this
section to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(4) Procedures for judicial review of classified
information.--
(A) In general.--If a finding under this subsection, or a
prohibition, condition, or penalty imposed as a result of any
such finding, is based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act
(18 U.S.C. App.)), the Secretary may submit to a court
reviewing the finding or the imposition of the prohibition,
condition, or penalty such classified information ex parte
and in camera.
(B) Rule of construction.--Nothing in this paragraph shall
be construed to confer or imply any right to judicial review
of any finding under this subsection or any prohibition,
condition, or penalty imposed as a result of any such
finding.
(5) Waiver for national security.--The Secretary may waive
the imposition of sanctions under this subsection with
respect to a person if the Secretary--
(A) determines that such a waiver is in the national
interests of the United States; and
(B) submits to Congress a notification of the waiver and
the reasons for the waiver.
(6) Exception for intelligence activities.--This subsection
shall not apply with respect to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(7) Exception relating to importation of goods.--The
authorities and requirements under this section shall not
include the authority or a requirement to impose sanctions on
the importation of goods.
(c) Special Measures for Modern Threats.--Section 5318A of
title 31, United States Code, is amended--
(1) in subsection (a)(2)(C), by striking ``subsection
(b)(5)'' and inserting ``paragraphs (5) and (6) of subsection
(b)''; and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``for or on behalf of a
foreign banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain transmittals of
funds.--If the Secretary finds a jurisdiction outside of the
United States, 1 or more financial institutions operating
outside of the United States, 1 or more types of accounts
within, or involving, a jurisdiction outside of the United
States, or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States to be
of primary money laundering concern, the Secretary, in
consultation with the Secretary of State, the Attorney
General, and the Chairman of the Board of Governors of the
Federal Reserve System, may prohibit, or impose conditions
upon, certain transmittals of funds (as such term may be
defined by the Secretary in a special measure issuance, by
regulation, or as otherwise permitted by law), to or from any
domestic financial institution or domestic financial agency
if such transmittal of funds involves any such jurisdiction,
institution, type of account, class of transaction, or type
of account.''.
(d) Funding.--There is authorized to be appropriated to the
Secretary such funds as are necessary to carry out the
purposes of this section.
Subtitle D--Other Foreign Threats
SEC. 431. ASSESSMENT OF VISA-FREE TRAVEL TO AND WITHIN
WESTERN HEMISPHERE BY NATIONALS OF COUNTRIES OF
CONCERN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations of the Senate; and
(C) the Committee on Foreign Affairs of the House of
Representatives.
(2) Countries of concern.--The term ``countries of
concern'' means--
(A) the Russian Federation;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran;
(D) the Syrian Arab Republic;
(E) the Democratic People's Republic of Korea;
(F) the Bolivarian Republic of Venezuela; and
(G) the Republic of Cuba.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a written assessment of the impacts to national
security caused by travel without a visa to and within
countries in the Western Hemisphere by nationals of countries
of concern.
(c) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 432. STUDY ON THREAT POSED BY FOREIGN INVESTMENT IN
UNITED STATES AGRICULTURAL LAND.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Agriculture, Nutrition, and Forestry, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Finance of the Senate;
and
(B) the Permanent Select Committee on Intelligence, the
Committee on Agriculture, the Committee on Foreign Affairs,
the Committee on Financial Services, and the Committee on
Ways and Means of the House of Representatives.
(2) Director.--The term ``Director'' means the Director of
National Intelligence.
(3) Nonmarket economy country.--The term ``nonmarket
economy country'' has the meaning given that term in section
771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).
(b) Study and Briefing.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director, in coordination with
the elements of the intelligence community the Director
considers appropriate and with the Secretary of State, the
Secretary of Agriculture, and the Secretary of the Treasury,
shall--
(A) complete a study on the threat posed to the United
States by foreign investment in agricultural land in the
United States; and
(B) provide to the appropriate committees of Congress a
briefing on the results of the study.
(2) Data.--In conducting the study required by paragraph
(1), the Director shall process and analyze relevant data
collected by the Secretary of State, the Secretary of
Agriculture, and the Secretary of the Treasury, including the
information submitted to the Secretary of Agriculture under
section 2 of the Agricultural Foreign Investment Disclosure
Act of 1978 (7 U.S.C. 3501).
(3) Elements.--The study required by paragraph (1) shall
include the following:
(A) Data and an analysis of agricultural land holdings,
including current and previous uses of the land disaggregated
by sector and industry, in each county in the United States
held by a foreign person from--
(i) a country identified as a country that poses a risk to
the national security of the United States in the most recent
annual report on worldwide threats issued by the Director
pursuant to section 108B of the National Security Act of 1947
(50 U.S.C. 3043b) (commonly known as the ``Annual Threat
Assessment'');
(ii) a nonmarket economy country; or
(iii) any other country that the Director determines to be
appropriate.
(B) An analysis of the proximity of the agricultural land
holdings to critical infrastructure and military
installations.
(C) An assessment of the threats posed to the national
security of the United States by malign actors that use
foreign investment in agricultural land in the United States.
(D) An assessment of warning indicators and methods by
which to detect potential threats from the use by foreign
adversaries of agricultural products for nefarious ends.
(E) An assessment of additional resources or authorities
necessary to counter threats identified during the study.
SEC. 433. ASSESSMENT OF THREAT POSED BY CITIZENSHIP-BY-
INVESTMENT PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Select Committee on
Intelligence, and the Committee on the Judiciary of the
Senate; and
(B) the Committee on Homeland Security, the Committee on
Foreign Affairs, the Committee on Financial Services, the
Permanent Select Committee on Intelligence, and the Committee
on the Judiciary of the House of Representatives.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
(3) Citizenship-by-investment program.--The term
``citizenship-by-investment program'' means an immigration,
investment, or other program of a foreign country that, in
exchange for a covered contribution, authorizes the
individual making the covered contribution to acquire
citizenship in such country, including temporary or permanent
residence that may serve as the basis for subsequent
naturalization.
(4) Covered contribution.--The term ``covered
contribution'' means--
[[Page S4618]]
(A) an investment in, or a monetary donation or any other
form of direct or indirect capital transfer to, including
through the purchase or rental of real estate--
(i) the government of a foreign country; or
(ii) any person, business, or entity in such a foreign
country; and
(B) a donation to, or endowment of, any activity
contributing to the public good in such a foreign country.
(5) Director.--The term ``Director'' means the Director of
National Intelligence.
(b) Assessment of Threat Posed by Citizenship-by-investment
Programs.--
(1) Assessment.--Not later than 1 year after the date of
the enactment of this Act, the Director and the Assistant
Secretary, in coordination with the heads of the other
elements of the intelligence community and the head of any
appropriate Federal agency, shall complete an assessment of
the threat posed to the United States by citizenship-by-
investment programs.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An identification of each citizenship-by-investment
program, including an identification of the foreign country
that operates each such program.
(B) With respect to each citizenship-by-investment program
identified under subparagraph (A)--
(i) a description of the types of investments required
under the program; and
(ii) an identification of the sectors to which an
individual may make a covered contribution under the program.
(C) An assessment of the threats posed to the national
security of the United States by malign actors that use
citizenship-by-investment programs--
(i) to evade sanctions or taxes;
(ii) to facilitate or finance--
(I) crimes relating to national security, including
terrorism, weapons trafficking or proliferation, cybercrime,
drug trafficking, human trafficking, and espionage; or
(II) any other activity that furthers the interests of a
foreign adversary or undermines the integrity of the
immigration laws or security of the United States; or
(iii) to undermine the United States and its interests
through any other means identified by the Director and the
Assistant Secretary.
(D) An identification of the foreign countries the
citizenship-by-investment programs of which pose the greatest
threat to the national security of the United States.
(3) Report and briefing.--
(A) Report.--
(i) In general.--Not later than 180 days after completing
the assessment required by paragraph (1), the Director and
the Assistant Secretary shall jointly submit to the
appropriate committees of Congress a report on the findings
of the Director and the Assistant Secretary with respect to
the assessment.
(ii) Elements.--The report required by clause (i) shall
include the following:
(I) A detailed description of the threats posed to the
national security of the United States by citizenship-by-
investment programs.
(II) Recommendations for additional resources or
authorities necessary to counter such threats.
(III) A description of opportunities to counter such
threats.
(iii) Form.--The report required by clause (i) shall be
submitted in unclassified form but may include a classified
annex, as appropriate.
(B) Briefing.--Not later than 90 days after the date on
which the report required by subparagraph (A) is submitted,
the Director and Assistant Secretary shall provide the
appropriate committees of Congress with a briefing on the
report.
SEC. 434. MITIGATING THE USE OF UNITED STATES COMPONENTS AND
TECHNOLOGY IN HOSTILE ACTIVITIES BY FOREIGN
ADVERSARIES.
(a) Findings.--Congress finds the following:
(1) Foreign defense material, including advanced military
and intelligence capabilities, continues to rely heavily on
products and services sourced from the United States.
(2) Iran drones operating against Ukraine were found to
include several United States components.
(3) The components described in paragraph (2) came from 13
different United States companies and are integral to the
operation of the drones.
(4) The Chinese spy balloon that flew across the United
States in 2023 used a United States internet service provider
to communicate.
(5) The connection allowed the balloon to send burst
transmissions, or high-bandwidth collections of data over
short periods.
(6) Foreign adversaries and affiliated foreign defense
companies frequently acquire components and services, sourced
from the United States, through violation of United States
export control laws.
(b) Supply Chain Risk Mitigation.--Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall, in collaboration with such heads
of elements of the intelligence community as the Director
considers appropriate, develop and commence implementation of
a strategy to work with United States companies to mitigate
or disrupt the acquisition and use of United States
components in the conduct of activities harmful to the
national security of the United States.
(c) Goal.--The goal of the strategy required by subsection
(b) shall be to inform and provide intelligence support to
government and private sector entities in preventing United
States components and technologies from aiding or supporting
hostile or harmful activities conducted by foreign
adversaries of the United States.
(d) Consultation.--In developing and implementing the
strategy required by subsection (b), the Director of National
Intelligence--
(1) shall consult with the Secretary of Commerce, the
Secretary of Defense, and the Secretary of Homeland Security;
and
(2) may consult with such other heads of Federal
departments or agencies as the Director of National
Intelligence considers appropriate.
(e) Annual Reports.--Not later than 1 year after the date
of the enactment of this Act and annually thereafter until
the date that is 3 years after the date of the enactment of
this Act, the Director shall submit to Congress an annual
report on the status and effect of the implementation of the
strategy required by subsection (b).
SEC. 435. OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE
REVIEW OF VISITORS AND ASSIGNEES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Energy and Natural Resources and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Energy and Commerce and the Committee
on Foreign Affairs of the House of Representatives.
(2) Assignee; visitor.--The terms ``assignee'' and
``visitor'' mean a foreign national from a country identified
in the report submitted to Congress by the Director of
National Intelligence in 2024 pursuant to section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b) (commonly
referred to as the ``Annual Threat Assessment'') as
``engaging in competitive behavior that directly threatens
U.S. national security'', who is not an employee of a
National Laboratory, and has requested access to the
premises, information, or technology of a National
Laboratory.
(3) Director.--The term ``Director'' means the Director of
the Office of Intelligence and Counterintelligence of the
Department of Energy (or their designee).
(4) Foreign national.--The term ``foreign national'' has
the meaning given the term ``alien'' in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Non-traditional collector.--The term ``non-traditional
collector'' means an individual not employed by a foreign
intelligence service, who is seeking access to sensitive
information about a capability, research, or organizational
dynamics of the United States to inform a foreign adversary
or non-state actor.
(b) Findings.--The Senate finds the following:
(1) The National Laboratories conduct critical, cutting-
edge research across a range of scientific disciplines that
provide the United States with a technological edge over
other countries.
(2) The technologies developed in the National Laboratories
contribute to the national security of the United States,
including classified and sensitive military technology and
dual-use commercial technology.
(3) International cooperation in the field of science is
critical to the United States maintaining its leading
technological edge.
(4) The research enterprise of the Department of Energy,
including the National Laboratories, is increasingly targeted
by adversarial nations to exploit military and dual-use
technologies for military or economic gain.
(5) Approximately 40,000 citizens of foreign countries,
including more than 8,000 citizens from China and Russia,
were granted access to the premises, information, or
technology of National Laboratories in fiscal year 2023.
(6) The Office of Intelligence and Counterintelligence of
the Department of Energy is responsible for identifying and
mitigating counterintelligence risks to the Department,
including the National Laboratories.
(c) Sense of the Senate.--It is the sense of the Senate
that, before being granted access to the premises,
information, or technology of a National Laboratory, citizens
of foreign countries identified in the 2024 Annual Threat
Assessment of the intelligence community as ``engaging in
competitive behavior that directly threatens U.S. national
security'' should be appropriately screened by the National
Laboratory to which they seek access, and by the Office of
Intelligence and Counterintelligence of the Department, to
identify and mitigate risks associated with granting the
requested access to sensitive military, or dual-use
technologies.
(d) Review of Sensitive Country Visitor and Assignee Access
Requests.--The Director shall promulgate a policy to assess
the counterintelligence risk each visitor or assignee poses
to the research or activities undertaken at a National
Laboratory.
(e) Advice With Respect to Visitors or Assignees.--
(1) In general.--The Director shall provide advice to a
National Laboratory on visitors
[[Page S4619]]
and assignees when 1 or more of the following conditions are
present:
(A) The Director has reason to believe that a visitor or
assignee is a non-traditional intelligence collector.
(B) The Director is in receipt of information indicating
that a visitor or assignee constitutes a counterintelligence
risk to a National Laboratory.
(2) Advice described.--Advice provided to a National
Laboratory in accordance with paragraph (1) shall include--
(A) a description of the assessed risk;
(B) recommendations to mitigate the risk; and
(C) identification of research or technology that would be
at risk if access is granted to the visitor or assignee
concerned.
(f) Reports to Congress.--Not later than 90 days after the
date of the enactment of this Act, and quarterly thereafter,
the Director shall submit to the appropriate congressional
committees a report, which shall include--
(1) the number of visitors or assignees permitted to access
the premises, information, or technology of each National
Laboratory;
(2) the number of instances in which the Director advised a
National Laboratory in accordance with subsection (e); and
(3) the number of instances in which a National Laboratory
admitted a visitor or assignee against the advice of the
Director.
SEC. 436. PROHIBITION ON NATIONAL LABORATORIES ADMITTING
CERTAIN FOREIGN NATIONALS.
(a) Definitions.--In this section:
(1) Assignee.--The term ``assignee'' means an individual
who is seeking approval from, or has been approved by, a
National Laboratory to access the premises, information, or
technology of the National Laboratory for a period of more
than 30 consecutive days.
(2) Covered foreign national.--
(A) In general.--The term ``covered foreign national''
means a foreign national of any of the following countries:
(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.
(v) The Republic of Cuba.
(B) Exclusion.--The term ``covered foreign national'' does
not include an individual that is lawfully admitted for
permanent residence (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))).
(3) Foreign national.--The term ``foreign national'' has
the meaning given the term ``alien'' in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Senior counterintelligence official.--The term ``senior
counterintelligence official'' means--
(A) the Director of the Federal Bureau of Investigation;
(B) the Deputy Director of the Federal Bureau of
Investigation;
(C) the Executive Assistant Director of the National
Security Branch of the Federal Bureau of Investigation; or
(D) the Assistant Director of the Counterintelligence
Division of the Federal Bureau of Investigation.
(6) Visitor.--The term ``visitor'' means an individual who
is seeking approval from, or has been approved by, a National
Laboratory to access the premises, information, or technology
of the National Laboratory for any period shorter than a
period described in paragraph (1).
(b) Prohibition.--
(1) In general.--Except as provided in paragraph (2),
beginning on the date of enactment of this Act, a National
Laboratory--
(A) shall not admit as a visitor or assignee any covered
foreign national; and
(B) shall prohibit access to any visitor or assignee that
is a covered foreign national and has sought or obtained
approval to access the premises, information, or technology
of the National Laboratory as of that date.
(2) Waiver.--Paragraph (1) shall not apply to a National
Laboratory if the Secretary of Energy, in consultation with
the Director of the Office of Intelligence and
Counterintelligence of the Department of Energy and a senior
counterintelligence official, certifies and issues a waiver
to the National Laboratory requesting to admit a covered
foreign national as a visitor or assignee, in writing, that
the benefits to the United States of admittance or access by
that covered foreign national outweigh the national security
and economic risks to the United States.
(3) Notification to congress.--Not later than 30 days after
the date that a waiver is issued pursuant to paragraph (2),
the Secretary of Energy shall submit to the Select Committee
on Intelligence of the Senate, the Committee on Energy and
Natural Resources of the Senate, the Committee on Commerce,
Science, and Transportation of the Senate, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Science,
Space, and Technology of the House of Representatives a
notification describing each waiver issued pursuant to
paragraph (2), including--
(A) the country of origin of the covered foreign national
who is the subject of the waiver;
(B) the date of the request by the covered foreign national
for admission or access to a National Laboratory;
(C) the date on which the decision to issue the waiver was
made; and
(D) the specific reasons for issuing the waiver.
SEC. 437. QUARTERLY REPORT ON CERTAIN FOREIGN NATIONALS
ENCOUNTERED AT THE UNITED STATES BORDER.
(a) Definitions.--In this section:
(1) Encountered.--The term ``encountered'', with respect to
a special interest alien, means physically apprehended by
U.S. Customs and Border Protection personnel.
(2) Special interest alien.--The term ``special interest
alien'' means an alien (as defined in section 101(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))
who, based upon an analysis of travel patterns and other
information available to the United States Government,
potentially poses a threat to the national security of the
United States and its interests due to a known or potential
nexus to terrorism, espionage, organized crime, or other
malign actors.
(b) In General.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter for the
following 3 years, the Secretary of Homeland Security, in
coordination with the Director of National Intelligence,
shall publish, on a publicly accessible website of the
Department of Homeland Security, a report identifying the
aggregate number of special interest aliens who, during the
applicable reporting period--
(1) have been encountered at or near an international
border of the United States; and
(2)(A) have been released from custody;
(B) are under supervision;
(C) are being detained by the Department of Homeland
Security; or
(D) have been removed from the United States.
SEC. 438. ASSESSMENT OF THE LESSONS LEARNED BY THE
INTELLIGENCE COMMUNITY WITH RESPECT TO THE
ISRAEL-HAMAS WAR.
(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with such other heads of
elements of the intelligence community as the Director
considers appropriate, shall submit to the appropriate
committees of Congress a written assessment of the lessons
learned from the Israel-Hamas war.
(c) Elements.--The assessment required by subsection (b)
shall include the following:
(1) Lessons learned from the timing and scope of the
October 7, 2023 attack by Hamas against Israel, including
lessons related to United States intelligence cooperation
with Israel and other regional partners.
(2) Lessons learned from advances in warfare, including the
use by adversaries of a complex tunnel network.
(3) Lessons learned from attacks by adversaries against
maritime shipping routes in the Red Sea.
(4) Lessons learned from the use by adversaries of rockets,
missiles, and unmanned aerial systems, including attacks by
Iran.
(5) Analysis of the impact of the Israel-Hamas war on the
global security environment, including the war in Ukraine.
(d) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 439. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT
ON TREN DE ARAGUA.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency, in consultation with such other heads of
elements of the intelligence community as the Director
considers appropriate, shall submit to the appropriate
committees of Congress an intelligence assessment on the gang
known as ``Tren de Aragua''.
(c) Elements.--The intelligence assessment required by
subsection (b) shall include the following:
(1) A description of the key leaders, organizational
structure, subgroups, presence in countries in the Western
Hemisphere, and cross-border illicit drug smuggling routes of
Tren de Aragua.
(2) A description of the practices used by Tren de Aragua
to generate revenue.
[[Page S4620]]
(3) A description of the level at which Tren de Aragua
receives support from the regime of Nicolas Maduro in
Venezuela.
(4) A description of the manner in which Tren de Aragua is
exploiting heightened migratory flows out of Venezuela and
throughout the Western Hemisphere to expand its operations.
(5) A description of the degree to which Tren de Aragua
cooperates or competes with other criminal organizations in
the Western Hemisphere.
(6) An estimate of the annual revenue received by Tren de
Aragua from the sale of illicit drugs, kidnapping, and human
trafficking, disaggregated by activity.
(7) A determination on whether Tren De Aragua meets the
definition of ``significant transnational criminal
organization'' in section 3 of Executive Order 13581 (76 Fed.
Reg. 44757; relating to blocking property of transnational
criminal organizations), as amended by Executive Order 13863
(84 Fed. Reg. 10255; relating to taking additional steps to
address the national emergency with respect to significant
transnational criminal organizations).
(8) Any other information the Director of the Central
Intelligence Agency considers relevant.
(d) Form.--The intelligence assessment required by
subsection (b) may be submitted in classified form.
SEC. 440. ASSESSMENT OF MADURO REGIME'S ECONOMIC AND SECURITY
RELATIONSHIPS WITH STATE SPONSORS OF TERRORISM
AND FOREIGN TERRORIST ORGANIZATIONS.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a written assessment of the economic and security
relationships of the regime of Nicolas Maduro of Venezuela
with the countries and organizations described in subsection
(c), including formal and informal support to and from such
countries and organizations.
(c) Countries and Organizations Described.--The countries
and organizations described in this subsection are the
following:
(1) The following countries designated by the United States
as state sponsors of terrorism:
(A) The Republic of Cuba.
(B) The Islamic Republic of Iran.
(2) The following organizations designated by the United
States as foreign terrorist organizations:
(A) The National Liberation Army (ELN).
(B) The Revolutionary Armed Forces of Colombia-People's
Army (FARC-EP).
(C) The Segunda Marquetalia.
(d) Form.--The assessment required by subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 441. CONTINUED CONGRESSIONAL OVERSIGHT OF IRANIAN
EXPENDITURES SUPPORTING FOREIGN MILITARY AND
TERRORIST ACTIVITIES.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Update Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress an update to the report submitted under section 6705
of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (22 U.S.C. 9412) to reflect current occurrences,
circumstances, and expenditures.
(c) Form.--The update submitted pursuant to subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
TITLE V--EMERGING TECHNOLOGIES
SEC. 501. STRATEGY TO COUNTER FOREIGN ADVERSARY EFFORTS TO
UTILIZE BIOTECHNOLOGIES IN WAYS THAT THREATEN
UNITED STATES NATIONAL SECURITY.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committee on Foreign Affairs of the House of
Representatives.
(b) Sense of Congress.--It is the sense of Congress that as
biotechnologies become increasingly important with regard to
the national security interests of the United States, and
with the addition of biotechnologies to the biosecurity
mission of the National Counterproliferation and Biosecurity
Center, the intelligence community must articulate and
implement a whole-of-government strategy for addressing
concerns relating to biotechnologies.
(c) Strategy for Biotechnologies Critical to National
Security.--
(1) Strategy required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, acting through the Director of the
National Counterproliferation and Biosecurity Center and in
coordination with the heads of such other elements of the
intelligence community as the Director of National
Intelligence considers appropriate, develop and submit to the
appropriate committees of Congress a whole-of-government
strategy to address concerns relating to biotechnologies.
(2) Elements.--The strategy developed and submitted
pursuant to paragraph (1) shall include the following:
(A) Identification and assessment of biotechnologies
critical to the national security of the United States,
including an assessment of which materials involve a
dependency on foreign adversary nations.
(B) A determination of how best to counter foreign
adversary efforts to utilize biotechnologies that threaten
the national security of the United States, including
technologies identified pursuant to paragraph (1).
(C) A plan to support United States efforts and
capabilities to secure the United States supply chains of the
technologies identified pursuant to paragraph (1), by
coordinating--
(i) across the intelligence community;
(ii) the support provided by the intelligence community to
other relevant Federal agencies and policymakers;
(iii) the engagement of the intelligence community with
private sector entities; and
(iv) how the intelligence community can support securing
United States supply chains for and use of biotechnologies.
(D) Proposals for such legislative or administrative action
as the Directors consider necessary to support the strategy.
SEC. 502. IMPROVEMENTS TO THE ROLES, MISSIONS, AND OBJECTIVES
OF THE NATIONAL COUNTERPROLIFERATION AND
BIOSECURITY CENTER.
Section 119A of the National Security Act of 1947 (50
U.S.C. 3057) is amended--
(1) in subsection (a)(4), by striking ``biosecurity and''
and inserting ``counterproliferation, biosecurity, and''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``analyzing and'';
(ii) in subparagraph (C), by striking ``Establishing'' and
inserting ``Coordinating the establishment of'';
(iii) in subparagraph (D), by striking ``Disseminating''
and inserting ``Overseeing the dissemination of'';
(iv) in subparagraph (E), by inserting ``and coordinating''
after ``Conducting''; and
(v) in subparagraph (G), by striking ``Conducting'' and
inserting ``Coordinating and advancing''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``and analysis'';
(ii) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively;
(iii) by inserting after subparagraph (B) the following:
``(C) Overseeing and coordinating the analysis of
intelligence on biosecurity and foreign biological threats in
support of the intelligence needs of Federal departments and
agencies responsible for public health, including by
providing analytic priorities to elements of the intelligence
community and by conducting and coordinating net
assessments.'';
(iv) in subparagraph (D), as redesignated by clause (ii),
by inserting ``on matters relating to biosecurity and foreign
biological threats'' after ``public health'';
(v) in subparagraph (F), as redesignated by clause (ii), by
inserting ``and authorities'' after ``capabilities''; and
(vi) by adding at the end the following:
``(G) Coordinating with relevant elements of the
intelligence community and other Federal departments and
agencies responsible for public health to engage with private
sector entities on information relevant to biosecurity,
biotechnology, and foreign biological threats.''.
SEC. 503. ENHANCING CAPABILITIES TO DETECT FOREIGN ADVERSARY
THREATS RELATING TO BIOLOGICAL DATA.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence shall, in
consultation with the heads of such Federal departments and
agencies as the Director considers appropriate, take the
following steps to standardize and enhance the capabilities
of the intelligence community to detect foreign adversary
threats relating to biological data:
(1) Prioritize the collection, analysis, and dissemination
of information relating to foreign adversary use of
biological data, particularly in ways that threaten or could
threaten the national security of the United States.
(2) Issue policy guidance within the intelligence
community--
(A) to standardize the handling and processing of
biological data, including with respect to protecting the
civil liberties and privacy of United States persons;
(B) to standardize and enhance intelligence engagements
with foreign allies and partners with respect to biological
data; and
(C) to standardize the creation of metadata relating to
biological data.
(3) Ensure coordination with such Federal departments and
agencies and entities in the
[[Page S4621]]
private sector as the Director considers appropriate to
understand how foreign adversaries are accessing and using
biological data stored within the United States.
SEC. 504. NATIONAL SECURITY PROCEDURES TO ADDRESS CERTAIN
RISKS AND THREATS RELATING TO ARTIFICIAL
INTELLIGENCE.
(a) Findings.--Congress finds the following:
(1) Artificial intelligence systems demonstrate increased
capabilities in the generation of synthetic media and
computer programming code, as well as areas such as object
recognition, natural language processing, and workflow
orchestration.
(2) The growing capabilities of artificial intelligence
systems in the areas described in paragraph (1), as well as
the greater accessibility of large-scale artificial
intelligence models and advanced computation capabilities to
individuals, businesses, and governments, have dramatically
increased the adoption of artificial intelligence products in
the United States and globally.
(3) The advanced capabilities of the systems described in
paragraph (1), and their accessibility to a wide-range of
users, have increased the likelihood and effect of misuse or
malfunction of these systems, such as to generate synthetic
media for disinformation campaigns, develop or refine malware
for computer network exploitation activity, enhance
surveillance capabilities in ways that undermine the privacy
of citizens of the United States, and increase the risk of
exploitation or malfunction of information technology systems
incorporating artificial intelligence systems in mission-
critical fields such as health care, critical infrastructure,
and transportation.
(b) Procedures Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall
develop and issue procedures to facilitate and promote
mechanisms by which--
(1) vendors of advanced computation capabilities, vendors
and commercial users of artificial intelligence systems, as
well as independent researchers and other third parties, may
effectively notify appropriate elements of the United States
Government of--
(A) information security risks emanating from artificial
intelligence systems, such as the use of an artificial
intelligence system to develop or refine malicious software;
(B) information security risks such as indications of
compromise or other threat information indicating a
compromise to the confidentiality, integrity, or availability
of an artificial intelligence system, or to the supply chain
of an artificial intelligence system, including training or
test data, frameworks, computing environments, or other
components necessary for the training, management, or
maintenance of an artificial intelligence system;
(C) biosecurity risks emanating from artificial
intelligence systems, such as the use of an artificial
intelligence system to design, develop, or acquire dual-use
biological entities such as putatively toxic small molecules,
proteins, or pathogenic organisms;
(D) suspected foreign malign influence (as defined by
section 119C of the National Security Act of 1947 (50 U.S.C.
3059(f))) activity that appears to be facilitated by an
artificial intelligence system; and
(E) any other unlawful activity facilitated by, or directed
at, an artificial intelligence system;
(2) elements of the Federal Government may provide threat
briefings to vendors of advanced computation capabilities and
vendors of artificial intelligence systems, alerting them, as
may be appropriate, to potential or confirmed foreign
exploitation of their systems, as well as malign foreign
plans and intentions.
(c) Briefing Required.--
(1) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate;
and
(C) the Committee on Homeland Security and the Committee on
Foreign Affairs of the House of Representatives.
(2) In general.--The President shall provide the
appropriate committees of Congress a briefing on procedures
developed and issued pursuant to subsection (b).
(3) Elements.--The briefing provided pursuant to paragraph
(2) shall include the following:
(A) A clear specification of which Federal agencies are
responsible for leading outreach to affected industry and the
public with respect to the matters described in subparagraphs
(A) through (E) of paragraph (1) of subsection (b) and
paragraph (2) of such subsection.
(B) An outline of a plan for industry outreach and public
education regarding risks posed by, and directed at,
artificial intelligence systems.
(C) Use of research and development, stakeholder outreach,
and risk management frameworks established pursuant to--
(i) provisions of law in effect on the day before the date
of the enactment of this Act; or
(ii) Federal agency guidelines.
SEC. 505. ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE SECURITY
CENTER.
(a) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Security Agency shall establish an Artificial Intelligence
Security Center within the Cybersecurity Collaboration Center
of the National Security Agency.
(b) Functions.--The functions of the Artificial
Intelligence Security Center shall be as follows:
(1) Making available a research test bed to private sector
and academic researchers, on a subsidized basis, to engage in
artificial intelligence security research, including through
the secure provision of access in a secure environment to
proprietary third-party models, with the consent of the
vendors of the models.
(2) Developing guidance to prevent or mitigate counter-
artificial intelligence techniques.
(3) Promoting secure artificial intelligence adoption
practices for managers of national security systems (as
defined in section 3552 of title 44, United States Code) and
elements of the defense industrial base.
(4) Coordinating with the Artificial Intelligence Safety
Institute of the National Institute of Standards and
Technology.
(5) Such other functions as the Director considers
appropriate.
(c) Test Bed Requirements.--
(1) Access and terms of usage.--
(A) Researcher access.--The Director shall establish terms
of usage governing researcher access to the test bed made
available under subsection (b)(1), with limitations on
researcher publication only to the extent necessary to
protect classified information or proprietary information
concerning third-party models provided through the consent of
model vendors.
(B) Availability to federal agencies.--The Director shall
ensure that the test bed made available under subsection
(b)(1) is also made available to other Federal agencies on a
cost-recovery basis.
(2) Use of certain infrastructure and other resources.--In
carrying out subsection (b)(1), the Director shall leverage,
to the greatest extent practicable, infrastructure and other
resources provided under section 5.2 of the Executive Order
dated October 30, 2023 (relating to safe, secure, and
trustworthy development and use of artificial intelligence).
(d) Access to Proprietary Models.--In carrying out this
section, the Director shall establish such mechanisms as the
Director considers appropriate, including potential
contractual incentives, to ensure the provision of access to
proprietary models by qualified independent third-party
researchers if commercial model vendors have voluntarily
provided models and associated resources for such testing.
(e) Counter-artificial Intelligence Defined.--In this
section, the term ``counter-artificial intelligence'' means
techniques or procedures to extract information about the
behavior or characteristics of an artificial intelligence
system, or to learn how to manipulate an artificial
intelligence system, in order to subvert the confidentiality,
integrity, or availability of an artificial intelligence
system or adjacent system.
SEC. 506. SENSE OF CONGRESS ENCOURAGING INTELLIGENCE
COMMUNITY TO INCREASE PRIVATE SECTOR CAPITAL
PARTNERSHIPS AND PARTNERSHIP WITH OFFICE OF
STRATEGIC CAPITAL OF DEPARTMENT OF DEFENSE TO
SECURE ENDURING TECHNOLOGICAL ADVANTAGES.
It is the sense of Congress that--
(1) acquisition leaders in the intelligence community
should further explore the strategic use of private capital
partnerships to secure enduring technological advantages for
the intelligence community, including through the
identification, development, and transfer of promising
technologies to full-scale programs capable of meeting
intelligence community requirements; and
(2) the intelligence community should undertake regular
consultation with Federal partners, such as the Office of
Strategic Capital of the Office of the Secretary of Defense,
on best practices and lessons learned from their experiences
integrating these resources so as to accelerate attainment of
national security objectives.
SEC. 507. INTELLIGENCE COMMUNITY TECHNOLOGY BRIDGE FUND.
(a) Definitions.--In this section:
(1) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
that is exempt from tax under section 501(a) of such Code.
(2) Work program.--The term ``work program'' means any
agreement between In-Q-Tel and a third-party company, where
such third-party company furnishes or is furnishing a product
or service for use by any of In-Q-Tel's government customers
to address those customers' technology needs or requirements.
(b) Establishment of Fund.--There is established in the
Treasury of the United States a fund to be known as the
``Intelligence Community Technology Bridge Fund'' (in this
subsection referred to as the ``Fund'') to assist in the
transitioning of products or services from the research and
development phase to the contracting and production phase.
(c) Contents of Fund.--The Fund shall consist of amounts
appropriated to the Fund, and amounts in the Fund shall
remain available until expended.
(d) Availability and Use of Fund.--
(1) In general.--Subject to paragraph (3), amounts in the
Fund shall be available to
[[Page S4622]]
the Director of National Intelligence to provide assistance
to a business or nonprofit organization that is transitioning
a product or service.
(2) Types of assistance.--Assistance provided under
paragraph (1) may be distributed as funds in the form of a
grant, a payment for a product or service, or a payment for
equity.
(3) Requirements for funds.--Assistance may be provided
under paragraph (1) to a business or nonprofit organization
that is transitioning a product or service only if--
(A) the business or nonprofit organization--
(i) has participated or is participating in a work program;
or
(ii) is engaged with an element of the intelligence
community or Department of Defense for research and
development; and
(B) the Director of National Intelligence or the head of an
element of the intelligence community attests that the
product or service will be utilized by an element of the
intelligence community for a mission need, such as because it
would be valuable in addressing a needed capability, fill or
complement a technology gap, or increase the supplier base or
price-competitiveness for the Federal Government.
(4) Priority for small business concerns and nontraditional
defense contractors.--In providing assistance under paragraph
(1), the Director shall prioritize the provision of
assistance to small business concerns (as defined under
section 3(a) of the Small Business Act (15 U.S.C. 632(a)))
and nontraditional defense contractors (as defined in section
3014 of title 10, United States Code).
(e) Administration of Fund.--
(1) In general.--The Fund shall be administered by the
Director of National Intelligence.
(2) Consultation.--In administering the Fund, the
Director--
(A) shall consult with the heads of the elements of the
intelligence community; and
(B) may consult with In-Q-Tel, the Defense Advanced
Research Project Agency, the North Atlantic Treaty
Organization Investment Fund, and the Defense Innovation
Unit.
(f) Annual Reports.--
(1) In general.--Not later than September 30, 2025, and
each fiscal year thereafter, the Director shall submit to the
congressional intelligence committees a report on the Fund.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report,
information about the following:
(A) How much was expended or obligated using amounts from
the Fund.
(B) For what the amounts were expended or obligated.
(C) The effects of such expenditures and obligations.
(D) A summary of annual transition activities and outcomes
of such activities for the intelligence community.
(3) Form.--Each report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(g) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), there is
authorized to be appropriated to the Fund $75,000,000 for
fiscal year 2025 and for each fiscal year thereafter.
(2) Limitation.--The amount in the Fund shall not exceed
$75,000,000 at any time.
SEC. 508. ENHANCEMENT OF AUTHORITY FOR INTELLIGENCE COMMUNITY
PUBLIC-PRIVATE TALENT EXCHANGES.
(a) Focus Areas.--Subsection (a) of section 5306 of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50
U.S.C. 3334) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Focus areas.--The Director shall ensure that the
policies, processes, and procedures developed pursuant to
paragraph (1) include a focus on rotations described in such
paragraph with private-sector organizations in the following
fields:
``(A) Finance.
``(B) Acquisition.
``(C) Biotechnology.
``(D) Computing.
``(E) Artificial intelligence.
``(F) Business process innovation and entrepreneurship.
``(G) Cybersecurity.
``(H) Materials and manufacturing.
``(I) Any other technology or research field the Director
determines relevant to meet evolving national security
threats in technology sectors.''.
(b) Duration of Temporary Details.--Subsection (e) of
section 5306 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3334) is amended--
(1) in paragraph (1), by striking ``3 years'' and inserting
``5 years''; and
(2) in paragraph (2), by striking ``3 years'' and inserting
``5 years''.
(c) Treatment of Private-sector Employees.--Subsection (g)
of such section is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) shall not be considered to have a conflict of
interest with an element of the intelligence community solely
because of being detailed to an element of the intelligence
community under this section.''.
(d) Hiring Authority.--Such section is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Hiring Authority.--
``(1) In general.--The Director may hire, under section
213.3102(r) of title 5, Code of Federal Regulations, or
successor regulations, an individual who is an employee of a
private-sector organization who is detailed to an element of
the intelligence community under this section.
``(2) No personnel billet required.--Hiring an individual
under paragraph (1) shall not require a personnel billet.''.
(e) Annual Reports.--Not later than 1 year after the date
of the enactment of this Act and annually thereafter for 2
more years, the Director of National Intelligence shall
submit to the congressional intelligence committees an annual
report on--
(1) the implementation of the policies, processes, and
procedures developed pursuant to subsection (a) of such
section 5306 (50 U.S.C. 3334) and the administration of such
section;
(2) how the heads of the elements of the intelligence
community are using or plan to use the authorities provided
under such section; and
(3) recommendations for legislative or administrative
action to increase use of the authorities provided under such
section.
SEC. 509. ENHANCING INTELLIGENCE COMMUNITY ABILITY TO ACQUIRE
EMERGING TECHNOLOGY THAT FULFILLS INTELLIGENCE
COMMUNITY NEEDS.
(a) Definition of Work Program.--The term ``work program''
means any agreement between In-Q-Tel and a third-party
company, where such third-party company furnishes or is
furnishing a property, product, or service for use by any of
In-Q-Tel's government customers to address those customers'
technology needs or requirements.
(b) In General.--In addition to the exceptions listed under
section 3304(a) of title 41, United States Code, and under
section 3204(a) of title 10, United States Code, for the use
of competitive procedures, the Director of National
Intelligence or the head of an element of the intelligence
community may use procedures other than competitive
procedures to acquire a property, product, or service if--
(1) the source of the property, product, or service is a
company that completed a work program in which the company
furnished the property, product, or service; and
(2) the Director of National Intelligence or the head of an
element of the intelligence community certifies that such
property, product, or service has been shown to meet an
identified need of the intelligence community.
(c) Justification for Use of Procedures Other Than
Competitive Procedures.--
(1) In general.--A property, product, or service may not be
acquired by the Director or the head of an element of the
intelligence community under subsection (b) using procedures
other than competitive procedures unless the acquiring
officer for the acquisition justifies the use of such
procedures in writing.
(2) Contents.--A justification in writing described in
paragraph (1) for an acquisition using procedures other than
competitive procedures shall include the following:
(A) A description of the need of the element of the
intelligence community that the property, product, or service
satisfies.
(B) A certification that the anticipated costs will be fair
and reasonable.
(C) A description of the market survey conducted or a
statement of the reasons a market survey was not conducted.
(D) Such other matters as the Director or the head, as the
case may be, determines appropriate.
SEC. 510. MANAGEMENT OF ARTIFICIAL INTELLIGENCE SECURITY
RISKS.
(a) Definitions.--In this section:
(1) Artificial intelligence safety incident.--The term
``artificial intelligence safety incident'' means an event
that increases the risk that operation of an artificial
intelligence system will--
(A) result in physical or psychological harm; or
(B) lead to a state in which human life, health, property,
or the environment is endangered.
(2) Artificial intelligence security incident.--The term
``artificial intelligence security incident'' means an event
that increases--
(A) the risk that operation of an artificial intelligence
system occurs in a way that enables the extraction of
information about the behavior or characteristics of an
artificial intelligence system by a third party; or
(B) the ability of a third party to manipulate an
artificial intelligence system to subvert the
confidentiality, integrity, or availability of an artificial
intelligence system or adjacent system.
(3) Artificial intelligence security vulnerability.--The
term ``artificial intelligence security vulnerability'' means
a weakness in an artificial intelligence system that could be
exploited by a third party to,
[[Page S4623]]
without authorization, subvert the confidentiality,
integrity, or availability of an artificial intelligence
system, including through techniques such as--
(A) data poisoning;
(B) evasion attacks;
(C) privacy-based attacks; and
(D) abuse attacks.
(4) Counter-artificial intelligence.--The term ``counter-
artificial intelligence'' means techniques or procedures to
extract information about the behavior or characteristics of
an artificial intelligence system, or to learn how to
manipulate an artificial intelligence system, so as to
subvert the confidentiality, integrity, or availability of an
artificial intelligence system or adjacent system.
(b) Voluntary Tracking and Processing of Security and
Safety Incidents and Risks Associated With Artificial
Intelligence.--
(1) Processes and procedures for vulnerability
management.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Institute
of Standards and Technology shall--
(A) initiate a process to update processes and procedures
associated with the National Vulnerability Database of the
Institute to ensure that the database and associated
vulnerability management processes incorporate artificial
intelligence security vulnerabilities to the greatest extent
practicable; and
(B) identify any characteristics of artificial intelligence
security vulnerabilities that make utilization of the
National Vulnerability Database inappropriate for their
management and develop processes and procedures for
vulnerability management of those vulnerabilities.
(2) Voluntary tracking of artificial intelligence security
and artificial intelligence safety incidents.--
(A) Voluntary database required.--Not later than 1 year
after the date of the enactment of this Act, the Director of
the Institute, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency, shall--
(i) develop and establish a comprehensive database to
publicly track artificial intelligence security and
artificial intelligence safety incidents through voluntary
input; and
(ii) in establishing the database under clause (i)--
(I) establish mechanisms by which private sector entities,
public sector organizations, civil society groups, and
academic researchers may voluntarily share information with
the Institute on confirmed or suspected artificial
intelligence security or artificial intelligence safety
incidents, in a manner that preserves the confidentiality of
any affected party;
(II) leverage, to the greatest extent possible,
standardized disclosure and incident description formats;
(III) develop processes to associate reports pertaining to
the same incident with a single incident identifier;
(IV) establish classification, information retrieval, and
reporting mechanisms that sufficiently differentiate between
artificial intelligence security incidents and artificial
intelligence safety incidents; and
(V) create appropriate taxonomies to classify incidents
based on relevant characteristics, impact, or other relevant
criteria.
(B) Identification and treatment of material artificial
intelligence security or artificial intelligence safety
risks.--
(i) In general.--Upon receipt of relevant information on an
artificial intelligence security or artificial intelligence
safety incident, the Director of the Institute shall
determine whether the described incident presents a material
artificial intelligence security or artificial intelligence
safety risk sufficient for inclusion in the database
developed and established under subparagraph (A).
(ii) Priorities.--In evaluating a reported incident
pursuant to subparagraph (A), the Director shall prioritize
inclusion in the database cases in which a described
incident--
(I) describes an artificial intelligence system used in
critical infrastructure or safety-critical systems;
(II) would result in a high-severity or catastrophic impact
to the people or economy of the United States; or
(III) includes an artificial intelligence system widely
used in commercial or public sector contexts.
(C) Reports and anonymity.--The Director shall populate the
database developed and established under subparagraph (A)
with incidents based on public reports and information shared
using the mechanism established pursuant to clause (ii)(I) of
such subparagraph, ensuring that any incident description
sufficiently anonymizes those affected, unless those who are
affected have consented to their names being included in the
database.
(c) Updating Processes and Procedures Relating to Common
Vulnerabilities and Exposures Program and Evaluation of
Consensus Standards Relating to Artificial Intelligence
Security Vulnerability Reporting.--
(1) Definitions.--In this subsection:
(A) Common vulnerabilities and exposures program.--The term
``Common Vulnerabilities and Exposures Program'' means the
reference guide and classification system for publicly known
information security vulnerabilities sponsored by the
Cybersecurity and Infrastructure Security Agency.
(B) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency.
(C) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(i) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(ii) the Committee on Commerce, Science, and Transportation
of the Senate;
(iii) the Select Committee on Intelligence of the Senate;
(iv) the Committee on the Judiciary of the Senate;
(v) the Committee on Foreign Relations of the Senate;
(vi) the Committee on Oversight and Accountability of the
House of Representatives;
(vii) the Committee on Energy and Commerce of the House of
Representatives;
(viii) the Permanent Select Committee on Intelligence of
the House of Representatives;
(ix) the Committee on the Judiciary of the House of
Representatives; and
(x) the Committee on Foreign Affairs of the House of
Representatives.
(2) In general.--Not later than 180 days after the date of
enactment of this Act, the Director shall--
(A) initiate a process to update processes and procedures
associated with the Common Vulnerabilities and Exposures
Program to ensure that the program and associated processes
identify and enumerate artificial intelligence security
vulnerabilities to the greatest extent practicable; and
(B) identify any characteristic of artificial intelligence
security vulnerabilities that makes utilization of the Common
Vulnerabilities and Exposures Program inappropriate for their
management and develop processes and procedures for
vulnerability identification and enumeration of those
artificial intelligence security vulnerabilities.
(3) Evaluation of consensus standards.--
(A) In general.--Not later than 30 days after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall initiate a multi-
stakeholder process to evaluate whether existing voluntary
consensus standards for vulnerability reporting effectively
accommodate artificial intelligence security vulnerabilities.
(B) Report.--
(i) Submission.--Not later than 180 days after the date on
which the evaluation under subparagraph (A) is carried out,
the Director shall submit a report to the relevant
congressional committees on the sufficiency of existing
vulnerability reporting processes and standards to
accommodate artificial intelligence security vulnerabilities.
(ii) Post-report action.--If the Director concludes in the
report submitted under clause (i) that existing processes do
not sufficiently accommodate reporting of artificial
intelligence security vulnerabilities, the Director shall
initiate a process, in consultation with the Director of the
National Institute of Standards and Technology and the
Director of the Office of Management and Budget, to update
relevant vulnerability reporting processes, including the
Department of Homeland Security Binding Operational Directive
20-01, or any subsequent directive.
(4) Best practices.--Not later than 90 days after the date
of enactment of this Act, the Director shall, in
collaboration with the Director of the National Security
Agency and the Director of the National Institute of
Standards and Technology and leveraging efforts of the
Information Communications Technology Supply Chain Risk
Management Task Force to the greatest extent practicable,
convene a multi-stakeholder process to encourage the
development and adoption of best practices relating to
addressing supply chain risks associated with training and
maintaining artificial intelligence models, which shall
ensure consideration of supply chain risks associated with--
(A) data collection, cleaning, and labeling, particularly
the supply chain risks of reliance on remote workforce and
foreign labor for such tasks;
(B) inadequate documentation of training data and test data
storage, as well as limited provenance of training data;
(C) human feedback systems used to refine artificial
intelligence systems, particularly the supply chain risks of
reliance on remote workforce and foreign labor for such
tasks;
(D) the use of large-scale, open-source datasets,
particularly the supply chain risks to repositories that host
such datasets for use by public and private sector developers
in the United States; and
(E) the use of proprietary datasets containing sensitive or
personally identifiable information.
SEC. 511. PROTECTION OF TECHNOLOGICAL MEASURES DESIGNED TO
VERIFY AUTHENTICITY OR PROVENANCE OF MACHINE-
MANIPULATED MEDIA.
(a) Definitions.--In this section:
(1) Machine-manipulated media.--The term ``machine-
manipulated media'' has the meaning given such term in
section 5724 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (Public Law 116-92; 50 U.S.C. 3024 note).
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(b) Prohibitions.--
(1) Prohibition on concealing subversion.--No person shall
knowingly and with
[[Page S4624]]
the intent or substantial likelihood of deceiving a third
party, enable, facilitate, or conceal the subversion of a
technological measure designed to verify the authenticity,
modifications, or conveyance of machine-manipulated media, or
characteristics of the provenance of the machine-manipulated
media, by generating information about the authenticity of a
piece of content that is knowingly false.
(2) Prohibition on fraudulent distribution.--No person
shall knowingly and for financial benefit, enable,
facilitate, or conceal the subversion of a technological
measure described in paragraph (1) by distributing machine-
manipulated media with knowingly false information about the
authenticity of a piece of machine-manipulated media.
(3) Prohibition on products and services for
circumvention.--No person shall deliberately manufacture or
offer to the public a technology, product, service, device,
component, or part thereof that--
(A) is primarily designed or produced and promoted for the
purpose of circumventing, removing, or otherwise disabling a
technological measure described in paragraph (1) with the
intent or substantial likelihood of deceiving a third party
about the authenticity of a piece of machine-manipulated
media;
(B) has only limited commercially significant or expressive
purpose or use other than to circumvent, remove, or otherwise
disable a technological measure designed to verify the
authenticity of machine-manipulated media and is promoted for
such purposes; or
(C) is marketed by that person or another acting in concert
with that person with that person's knowledge for use in
circumventing, removing, or otherwise disabling a
technological measure described in paragraph (1) with an
intent to deceive a third party about the authenticity of a
piece of machine-manipulated media.
(c) Exemptions.--
(1) In general.--Nothing in subsection (b) shall inhibit
the ability of any individual to access, read, or review a
technological measure described in paragraph (1) of such
subsection or to access, read, or review the provenance,
modification, or conveyance information contained therein.
(2) Exemption for nonprofit libraries, archives, and
educational institutions.--
(A) In general.--Except as otherwise provided in this
subsection, subsection (b) shall not apply to a nonprofit
library, archives, or educational institution which
generates, distributes, or otherwise handles machine-
manipulated media.
(B) Commercial advantage, financial gain, or tortious
conduct.--The exception in subparagraph (A) shall not apply
to a nonprofit library, archive, or educational institution
that willfully for the purpose of commercial advantage,
financial gain, or in furtherance of tortious conduct
violates a provision of subsection (b), except that a
nonprofit library, archive, or educational institution that
willfully for the purpose of commercial advantage, financial
gain, or in furtherance of tortious conduct violates a
provision of subsection (b) shall--
(i) for the first offense, be subject to the civil remedies
under subsection (d); and
(ii) for repeated or subsequent offenses, in addition to
the civil remedies under subsection (d), forfeit the
exemption provided under subparagraph (A).
(C) Circumventing technologies.--This paragraph may not be
used as a defense to a claim under paragraph (3) of
subsection (b), nor may this subsection permit a nonprofit
library, archive, or educational institution to manufacture,
offer to the public, provide, or otherwise traffic in any
technology, product, service, component, or part thereof,
that circumvents a technological measure described in
paragraph (1) of such subsection.
(D) Qualifications of libraries and archives.--In order for
a library or archive to qualify for the exemption under
subparagraph (A), the collections of that library or archive
shall be--
(i) open to the public; or
(ii) available not only to researchers affiliated with the
library or archive or with the institution of which it is a
part, but also to other persons doing research in a
specialized field.
(3) Reverse engineering.--
(A) Definitions.--In this paragraph:
(i) Circumvention.--The term ``circumvention'' means to
remove, deactivate, disable, or impair a technological
measure designed to verify the authenticity of machine-
manipulated media or characteristics of its provenance,
modifications, or conveyance.
(ii) Interoperability.--The term ``interoperability'' means
the ability of--
(I) computer programs to exchange information; and
(II) such programs mutually to use the information which
has been exchanged.
(B) In general.--An authorized user of a technological
measure described in subsection (b)(1) may circumvent such
technological measure for the sole purpose of identifying and
analyzing those elements of the technological measure that
are necessary to achieve interoperability with that
authorized user's own technological measures intended for
similar purposes of verifying the authenticity of machine-
manipulated media or characteristics of its provenance,
modifications, or conveyance.
(C) Law enforcement, intelligence, and other government
activities.--Subsection (b) does not prohibit any lawfully
authorized investigative, protective, information security,
or intelligence activity of an officer, agent, or employee of
the United States, a State, or a political subdivision of a
State, or a person acting pursuant to a contract with the
United States, a State, or a political subdivision of a
State.
(d) Enforcement by Attorney General.--
(1) Civil actions.--The Attorney General may bring a civil
action in an appropriate United States district court against
any person who violates subsection (b).
(2) Powers of the court.--In an action brought under
paragraph (1), the court--
(A) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain a
violation, but in no event shall impose a prior restraint on
free speech or the press protected under the First Amendment
to the Constitution of the United States;
(B) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any
device or product that is in the custody or control of the
alleged violator and that the court has reasonable cause to
believe was involved in a violation;
(C) may award damages under paragraph (3);
(D) in its discretion may allow the recovery of costs
against any party other than the United States or an officer
thereof; and
(E) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under subparagraph (B).
(3) Award of damages.--
(A) In general.--Except as otherwise provided in this
section, a person committing a violation of subsection (b) is
liable for statutory damages as provided in subparagraph (C).
(B) Statutory damages.--
(i) Election of amount based on number of acts of
circumvention.--At any time before final judgment is entered,
the Attorney General may elect to recover an award of
statutory damages for each violation of subsection (b) in the
sum of not less than $200 or more than $2,500 per act of
circumvention, device, product, component, offer, or
performance of service, as the court considers just.
(ii) Election of amount; total amount.--At any time before
final judgment is entered, the Attorney General may elect to
recover an award of statutory damages for each violation of
subsection (b) in the sum of not less than $2,500 or more
than $25,000.
(C) Repeated violations.--In any case in which the Attorney
General sustains the burden of proving, and the court finds,
that a person has violated subsection (b) within 3 years
after a final judgment was entered against the person for
another such violation, the court may increase the award of
damages up to triple the amount that would otherwise be
awarded, as the court considers just.
(D) Innocent violations.--
(i) In general.--The court in its discretion may reduce or
remit the total award of damages in any case in which the
violator sustains the burden of proving, and the court finds,
that the violator was not aware and had no reason to believe
that its acts constituted a violation.
(ii) Nonprofit library, archive, educational institutions,
or public broadcasting entities.--In the case of a nonprofit
library, archive, educational institution, or public
broadcasting entity, the court shall remit damages in any
case in which the library, archive, educational institution,
or public broadcasting entity sustains the burden of proving,
and the court finds, that the library, archive, educational
institution, or public broadcasting entity was not aware and
had no reason to believe that its acts constituted a
violation.
SEC. 512. SENSE OF CONGRESS ON HOSTILE FOREIGN CYBER ACTORS.
It is the sense of Congress that foreign ransomware
organizations, and foreign affiliates associated with them,
constitute hostile foreign cyber actors, that covered nations
abet and benefit from the activities of these actors, and
that such actors should be treated as hostile foreign cyber
actors by the United States. Such actors include the
following:
(1) DarkSide.
(2) Conti.
(3) REvil.
(4) BlackCat, also known as ``ALPHV''.
(5) LockBit.
(6) Rhysida, also known as ``Vice Society''.
(7) Royal.
(8) Phobos, also known as ``Eight'' and also known as
``Joanta''.
(9) C10p.
(10) Hackers associated with the SamSam ransomware
campaigns.
(11) Play.
(12) BianLian.
(13) Killnet.
(14) Akira.
(15) Ragnar Locker, also known as ``Dark Angels''.
(16) Blacksuit.
(17) INC.
(18) Black Basta.
SEC. 513. DESIGNATION OF STATE SPONSORS OF RANSOMWARE AND
REPORTING REQUIREMENTS.
(a) Designation of State Sponsors of Ransomware.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of
[[Page S4625]]
State, in consultation with the Director of National
Intelligence, shall--
(A) designate as a state sponsor of ransomware any country
the government of which the Secretary has determined has
provided support for ransomware demand schemes (including by
providing safe haven for individuals engaged in such
schemes);
(B) submit to Congress a report listing the countries
designated under subparagraph (A); and
(C) in making designations under subparagraph (A), take
into consideration the report submitted to Congress under
section 514(c)(1).
(2) Sanctions and penalties.--The President shall impose
with respect to each state sponsor of ransomware designated
under paragraph (1)(A) the sanctions and penalties imposed
with respect to a state sponsor of terrorism.
(3) State sponsor of terrorism defined.--In this
subsection, the term ``state sponsor of terrorism'' means a
country the government of which the Secretary of State has
determined has repeatedly provided support for acts of
international terrorism, for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other provision of law.
(b) Reporting Requirements.--
(1) Sanctions relating to ransomware report.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of the Treasury shall submit a report to
Congress that describes, for each of the 5 fiscal years
immediately preceding the date of such report, the number and
geographic locations of individuals, groups, and entities
subject to sanctions imposed by the Office of Foreign Assets
Control who were subsequently determined to have been
involved in a ransomware demand scheme.
(2) Country of origin report.--The Secretary of State, in
consultation with the Director of National Intelligence and
the Director of the Federal Bureau of Investigation, shall--
(A) submit a report, with a classified annex, to the
Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives that identifies the country of origin of
foreign-based ransomware attacks; and
(B) make the report described in subparagraph (A)
(excluding the classified annex) available to the public.
(3) Investigative authorities report.--Not later than 180
days after the date of the enactment of this Act, the
Comptroller General of the United States shall issue a report
that outlines the authorities available to the Federal Bureau
of Investigation, the United States Secret Service, the
Cybersecurity and Infrastructure Security Agency, Homeland
Security Investigations, and the Office of Foreign Assets
Control to respond to foreign-based ransomware attacks.
SEC. 514. DEEMING RANSOMWARE THREATS TO CRITICAL
INFRASTRUCTURE A NATIONAL INTELLIGENCE
PRIORITY.
(a) Critical Infrastructure Defined.--In this section, the
term ``critical infrastructure'' has the meaning given such
term in subsection (e) of the Critical Infrastructures
Protection Act of 2001 (42 U.S.C. 5195c(e)).
(b) Ransomware Threats to Critical Infrastructure as
National Intelligence Priority.--The Director of National
Intelligence, pursuant to the provisions of the National
Security Act of 1947 (50 U.S.C. 3001 et seq.), the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), section 1.3(b)(17) of Executive Order
12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities), as in effect on the day before the
date of the enactment of this Act, and National Security
Presidential Directive-26 (February 24, 2003; relating to
intelligence priorities), as in effect on the day before the
date of the enactment of this Act, shall deem ransomware
threats to critical infrastructure a national intelligence
priority component to the National Intelligence Priorities
Framework.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in consultation with the Director of the
Federal Bureau of Investigation, submit to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the implications of the
ransomware threat to United States national security.
(2) Contents.--The report submitted under paragraph (1)
shall address the following:
(A) Identification of individuals, groups, and entities who
pose the most significant threat, including attribution to
individual ransomware attacks whenever possible.
(B) Locations from which individuals, groups, and entities
conduct ransomware attacks.
(C) The infrastructure, tactics, and techniques ransomware
actors commonly use.
(D) Any relationships between the individuals, groups, and
entities that conduct ransomware attacks and their
governments or countries of origin that could impede the
ability to counter ransomware threats.
(E) Intelligence gaps that have impeded, or currently are
impeding, the ability to counter ransomware threats.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 515. ENHANCING PUBLIC-PRIVATE SHARING ON MANIPULATIVE
ADVERSARY PRACTICES IN CRITICAL MINERAL
PROJECTS.
(a) Strategy Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with the heads of such
Federal agencies as the Director considers appropriate,
develop a strategy to improve the sharing between the Federal
Government and private entities of information and
intelligence to mitigate the threat that foreign adversary
illicit activities and tactics pose to United States persons
in foreign jurisdictions on projects relating to energy
generation and storage, including with respect to critical
minerals inputs.
(b) Elements.--The strategy required by subsection (a)
shall cover--
(1) how best to assemble and transmit information to United
States persons--
(A) to protect against foreign adversary illicit tactics
and activities relating to critical mineral projects abroad,
including foreign adversary efforts to undermine such United
States projects abroad;
(B) to mitigate the risk that foreign adversary government
involvement in the ownership and control of entities engaging
in deceptive or illicit activities pose to the interests of
the United States; and
(C) to inform on economic espionage and other threats from
foreign adversaries to the rights of owners of intellectual
property, including owners of patents, trademarks,
copyrights, and trade secrets, and other sensitive
information, with respect to such property; and
(2) how best to receive information from United States
persons on threats to United States interests in the critical
mineral space, including disinformation campaigns abroad or
other suspicious malicious activity.
(c) Implementation Plan Required.--Not later than 30 days
after the date on which the Director completes developing the
strategy pursuant to subsection (a), the Director shall
submit to the congressional intelligence committees (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), or provide such committees a briefing on, a
plan for implementing the strategy.
TITLE VI--CLASSIFICATION REFORM
SEC. 601. GOVERNANCE OF CLASSIFICATION AND DECLASSIFICATION
SYSTEM.
(a) Definitions.--In this section:
(1) Controlled unclassified information.--The term
``controlled unclassified information'' means information
described as ``Controlled Unclassified Information'' or
``CUI'' in Executive Order 13556 (75 Fed. Reg. 68675;
relating to controlled unclassified information), or any
successor order.
(2) Executive agent.--The term ``Executive Agent'' means
the Executive Agent for Classification and Declassification
designated under subsection (b)(1)(A).
(3) Executive committee.--The term ``Executive Committee''
means the Executive Committee on Classification and
Declassification Programs and Technology established under
subsection (b)(1)(C).
(b) Establishment of Classification and Declassification
Governance.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall--
(A) designate a Federal official as Executive Agent for
Classification and Declassification to identify and promote
technological solutions to support efficient and effective
systems for classification and declassification to be
implemented on an interoperable and federated basis across
the Federal Government;
(B) designate a Federal official--
(i) to establish policies and guidance relating to
classification and declassification and controlled
unclassified information across the Federal Government;
(ii) to conduct oversight of the implementation of such
policies and guidance; and
(iii) who may, at the discretion of the President, also
serve as Executive Agent; and
(C) establish an Executive Committee on Classification and
Declassification Programs and Technology to provide
direction, advice, and guidance to the Executive Agent.
(2) Executive committee.--
(A) Composition.--The Executive Committee shall be composed
of the following or their designees:
(i) The Director of National Intelligence.
(ii) The Under Secretary of Defense for Intelligence and
Security.
(iii) The Secretary of Energy.
(iv) The Secretary of State.
(v) The Director of the Office of Management and Budget.
(vi) The Archivist of the United States.
(vii) The Federal official designated under subsection
(b)(1)(B) if such official is not also the Executive Agent.
(viii) Such other members as the Executive Agent considers
appropriate.
(B) Chairperson.--The Executive Agent shall be the
chairperson of the Executive Committee.
(c) Report to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act,
[[Page S4626]]
the President shall submit to Congress a report on the
administration of this section.
(2) Contents.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) Funding, personnel, expertise, and resources required
for the Executive Agent and a description of how such
funding, personnel, expertise, and resources will be
provided.
(B) Authorities needed by the Executive Agent, a
description of how such authorities will be granted, and a
description of any additional statutory authorities required.
(C) Funding, personnel, expertise, and resources required
by the Federal official designated under subsection (b)(1)(B)
and a description of how such funding, personnel, expertise,
and resources will be provided.
(D) Authorities needed by the Federal official designated
under subsection (b)(1)(B), a description of how such
authorities will be provided, and a description of any
additional statutory authorities required.
(E) Funding and resources required by the Public Interest
Declassification Board.
(d) Public Reporting.--
(1) In general.--The report required by subsection (c)
shall be made available to the public to the greatest extent
possible consistent with the protection of sources and
methods.
(2) Publication in federal register.--The President shall
publish in the Federal Register the roles and
responsibilities of the Federal officials designated under
subsection (b), the Executive Committee, and any subordinate
individuals or entities.
SEC. 602. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. CLASSIFICATION AND DECLASSIFICATION OF
INFORMATION.
``(a) In General.--The President may, in accordance with
this section, protect from unauthorized disclosure any
information owned by, produced by or for, or under the
control of the executive branch of the Federal Government
when there is a demonstrable need to do so to protect the
national security of the United States.
``(b) Establishment of Standards, Categories, and
Procedures for Classification and Declassification.--
``(1) Governmentwide procedures.--
``(A) Classification.--The President shall, to the extent
necessary, establish categories of information that may be
classified and procedures for classifying information under
subsection (a).
``(B) Declassification.--At the same time the President
establishes categories and procedures under subparagraph (A),
the President shall establish procedures for declassifying
information that was previously classified.
``(C) Minimum requirements.--The procedures established
pursuant to subparagraphs (A) and (B) shall--
``(i) be the exclusive means for classifying information on
or after the effective date established by subsection (c),
except with respect to information classified pursuant to the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
``(ii) ensure that no information is classified unless
there is a demonstrable need to do so to protect the national
security and there is a reasonable basis to believe that
means other than classification will not provide sufficient
protection;
``(iii) ensure that no information may remain classified
indefinitely;
``(iv) ensure that no information shall be classified,
continue to be maintained as classified, or fail to be
declassified in order--
``(I) to conceal violations of law, inefficiency, or
administrative error;
``(II) to prevent embarrassment to a person, organization,
or agency;
``(III) to restrain competition; or
``(IV) to prevent or delay the release of information that
does not require protection in the interest of the national
security;
``(v) ensure that basic scientific research information not
clearly related to the national security shall not be
classified;
``(vi) ensure that information may not be reclassified
after being declassified and released to the public under
proper authority unless personally approved by the President
based on a determination that such reclassification is
required to prevent significant and demonstrable damage to
the national security;
``(vii) establish standards and criteria for the
classification of information;
``(viii) establish standards, criteria, and timelines for
the declassification of information classified under this
section;
``(ix) provide for the automatic declassification of
classified records with permanent historical value not more
than 50 years after the date of origin of such records,
unless the head of each agency that classified information
contained in such records makes a written determination to
delay automatic declassification and such determination is
reviewed not less frequently than every 10 years;
``(x) provide for the timely review of materials submitted
for pre-publication;
``(xi) ensure that due regard is given for the public
interest in disclosure of information;
``(xii) ensure that due regard is given for the interests
of departments and agencies in sharing information at the
lowest possible level of classification;
``(D) Submittal to congress.--The President shall submit to
Congress the categories and procedures established under
subsection (b)(1)(A) and the procedures established under
subsection (b)(1)(B) at least 60 days prior to their
effective date.
``(2) Agency standards and procedures.--
``(A) In general.--The head of each agency shall establish
a single set of consolidated standards and procedures to
permit such agency to classify and declassify information
created by such agency in accordance with the categories and
procedures established by the President under this section
and otherwise to carry out this section.
``(B) Submittal to congress.--Each agency head shall submit
to Congress the standards and procedures established by such
agency head under subparagraph (A).
``(c) Effective Date.--
``(1) In general.--Subsections (a) and (b) shall take
effect on the date that is 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2025.
``(2) Relation to presidential directives.--Presidential
directives regarding classifying, safeguarding, and
declassifying national security information, including
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), in effect on the
day before the date of the enactment of this Act, as well as
procedures issued pursuant to such Presidential directives,
shall remain in effect until superseded by procedures issued
pursuant to subsection (b).''.
(b) Conforming Amendment.--Section 805(2) of such Act (50
U.S.C. 3164(2)) is amended by inserting ``section 801A,''
before ``Executive Order''.
(c) Clerical Amendment.--The table of contents preceding
section 2 of such Act is amended by inserting after the item
relating to section 801 the following new item:
``Sec. 801A. Classification and declassification of information.''.
SEC. 603. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER
THREAT PROGRAMS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means any Executive agency
as defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Federal
Government that comes into the possession of classified
information.
(2) Classified information.--The term ``classified
information'' means information that has been determined to
require protection from unauthorized disclosure pursuant to
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or predecessor or
successor order, to protect the national security of the
United States.
(b) Establishment of Insider Threat Programs.--Each head of
an agency with access to classified information shall
establish an insider threat program to protect classified
information from unauthorized disclosure.
(c) Minimum Standards.--In carrying out an insider threat
program established by the head of an agency pursuant to
subsection (b), the head of the agency shall--
(1) designate a senior official of the agency who shall be
responsible for management of the program;
(2) monitor user activity on all classified networks to
detect activity indicative of insider threat behavior;
(3) build and maintain an insider threat analytic and
response capability to review, assess, and respond to
information obtained pursuant to paragraph (2); and
(4) provide insider threat awareness training to all
cleared employees within 30 days of entry-on-duty or granting
of access to classified information and annually thereafter.
(d) Annual Reports.--Not less frequently than once each
year, the Director of National Intelligence shall, serving as
the Security Executive Agent under section 803 of the
National Security Act of 1947 (50 U.S.C. 3162a), submit to
Congress an annual report on the compliance of agencies with
respect to the requirements of this section.
TITLE VII--SECURITY CLEARANCES AND INTELLIGENCE COMMUNITY WORKFORCE
IMPROVEMENTS
SEC. 701. SECURITY CLEARANCES HELD BY CERTAIN FORMER
EMPLOYEES OF INTELLIGENCE COMMUNITY.
(a) Issuance of Guidelines and Instructions Required.--
Section 803(c) of the National Security Act of 1947 (50
U.S.C. 3162a(c)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) issue guidelines and instructions to the heads of
Federal agencies to ensure that any individual who was
appointed by the President to a position in an element of the
intelligence community but is no longer employed by the
Federal Government shall maintain a security clearance only
in accordance with Executive Order 12968 (50 U.S.C. 3161
note; relating to access to classified information), or
successor order.''.
(b) Submittal of Guidelines and Instructions to Congress
Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall, in the Director's capacity as the Security Executive
Agent pursuant to subsection (a) of section 803 of the
National
[[Page S4627]]
Security Act of 1947 (50 U.S.C. 3162a), submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101(a) of title 10,
United States Code) the guidelines and instructions required
by subsection (c)(5) of such Act, as added by subsection (a)
of this section.
(c) Annual Report Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and not less frequently than once
each year thereafter, the Director of National Intelligence
shall, in the Director's capacity as the Security Executive
Agent pursuant to section 803(a) of the National Security Act
of 1947 (50 U.S.C. 3162a(a)), submit to the congressional
intelligence committees and the congressional defense
committees (as defined in section 101(a) of title 10, United
States Code) an annual report on the eligibility status of
former senior employees of the intelligence community to
access classified information.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report, the
following:
(A) A list of individuals who were appointed by the
President to a position in an element of the intelligence
community who currently hold security clearances.
(B) The number of such former employees who still hold
security clearances.
(C) For each former employee described in subparagraph
(B)--
(i) the position in the intelligence community held by the
former employee;
(ii) the years of service in such position; and
(iii) the individual's current employment position and
employer.
(D) The Federal entity authorizing and adjudicating the
former employees' need to know classified information.
SEC. 702. POLICY FOR AUTHORIZING INTELLIGENCE COMMUNITY
PROGRAM OF CONTRACTOR-OWNED AND CONTRACTOR-
OPERATED SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
(a) Policy.--The Director of National Intelligence shall
establish a standardized policy for the intelligence
community that authorizes a program of contractor-owned and
contractor-operated sensitive compartmented information
facilities as a service to the national security and
intelligence enterprises.
(b) Requirements.--The policy established pursuant to
subsection (a) shall--
(1) authorize the head of an element of the intelligence
community to approve and accredit contractor-owned and
contractor-operated sensitive compartmented information
facilities; and
(2) designate an element of the intelligence community as a
service of common concern (as defined in Intelligence
Community Directive 122, or successor directive) to serve as
an accrediting authority on behalf of other elements of the
intelligence community for contractor-owned and contractor-
operated sensitive compartmented information facilities.
(c) Cost Considerations.--In establishing the policy
required by subsection (a), the Director shall consider
existing demonstrated models where a contractor acquires,
outfits, and manages a facility pursuant to an agreement with
the Federal Government such that no funding from the Federal
Government is required to carry out the agreement.
(d) Briefing Required.--Not later than 1 year after the
date on which the Director establishes the policy pursuant to
subsection (a), the Director shall brief the congressional
intelligence committees on--
(1) additional opportunities to leverage contractor-
provided secure facility space; and
(2) recommendations to address barriers, including
resources or authorities needed.
SEC. 703. ENABLING INTELLIGENCE COMMUNITY INTEGRATION.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by inserting after section
113B the following new section:
``SEC. 113C. ENABLING INTELLIGENCE COMMUNITY INTEGRATION.
``(a) Provision of Goods or Services.--Subject to and in
accordance with any guidance and requirements developed by
the Director of National Intelligence, the head of an element
of the intelligence community may provide goods or services
to another element of the intelligence community without
reimbursement or transfer of funds for hoteling initiatives
for intelligence community employees and affiliates defined
in any such guidance and requirements issued by the Director
of National Intelligence.
``(b) Approval.--Prior to the provision of goods or
services pursuant to subsection (a), the head of the element
of the intelligence community providing such goods or
services and the head of the element of the intelligence
community receiving such goods or services shall approve such
provision.''.
(b) Clerical Amendment.--The table of contents of the
National Security Act of 1947 is amended by inserting after
the item relating to section 113B the following:
``Sec. 113C. Enabling intelligence community integration.''.
SEC. 704. APPOINTMENT OF SPOUSES OF CERTAIN FEDERAL
EMPLOYEES.
(a) In General.--Section 3330d of title 5, United States
Code, is amended--
(1) in the section heading, by striking ``military and
Department of Defense civilian spouses'' and inserting
``military and Department of Defense, Department of State,
and intelligence community spouses'';
(2) in subsection (a)--
(A) by redesignating the second paragraph (4) (relating to
a spouse of an employee of the Department of Defense) as
paragraph (7);
(B) by striking paragraph (5);
(C) by redesignating paragraph (4) (relating to the spouse
of a disabled or deceased member of the Armed Forces) as
paragraph (6);
(D) by striking paragraph (3) and inserting the following:
``(3) The term `covered spouse' means an individual who is
married to an individual who--
``(A)(i) is an employee of the Department of State or an
element of the intelligence community; or
``(ii) is a member of the Armed Forces who is assigned to
an element of the intelligence community; and
``(B) is transferred in the interest of the Government from
one official station within the applicable agency to another
within the agency (that is outside of normal commuting
distance) for permanent duty.
``(4) The term `intelligence community' has the meaning
given the term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(5) The term `remote work' refers to a work flexibility
arrangement under which an employee--
``(A) is not expected to physically report to the location
from which the employee would otherwise work, considering the
position of the employee; and
``(B) performs the duties and responsibilities of such
employee's position, and other authorized activities, from an
approved worksite--
``(i) other than the location from which the employee would
otherwise work;
``(ii) that may be inside or outside the local commuting
area of the location from which the employee would otherwise
work; and
``(iii) that is typically the residence of the employee.'';
and
(E) by adding at the end the following:
``(8) The term `telework' has the meaning given the term in
section 6501.''; and
(3) in subsection (b)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in the first paragraph (3) (relating to a spouse of a
member of the Armed Forces on active duty), by striking the
period at the end and inserting a semicolon;
(C) by redesignating the second paragraph (3) (relating to
a spouse of an employee of the Department of Defense) as
paragraph (4);
(D) in paragraph (4), as so redesignated--
(i) by inserting ``, including to a position in which the
spouse will engage in remote work'' after ``Department of
Defense''; and
(ii) by striking the period at the end and inserting ``;
or''; and
(E) by adding at the end the following:
``(5) a covered spouse to a position in which the covered
spouse will engage in remote work.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter I of chapter 33 of title 5, United
States Code, is amended by striking the item relating to
section 3330d and inserting the following:
``3330d. Appointment of military and Department of Defense, Department
of State, and intelligence community civilian spouses.''.
SEC. 705. PLAN FOR STAFFING THE INTELLIGENCE COLLECTION
POSITIONS OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the congressional
intelligence committees a plan for ensuring that the
Directorate of Operations of the Agency has staffed every
civilian full-time equivalent position authorized for that
Directorate under the Intelligence Authorization Act for
Fiscal Year 2024 (division G of Public Law 118-31).
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) Specific benchmarks and timelines for accomplishing the
goal described in such subsection by September 30, 2025.
(2) An assessment of the appropriate balance of staffing
between the Directorate of Operations and the Directorate of
Analysis consistent with the responsibilities of the Director
of the Central Intelligence Agency under section 104A(d) of
the National Security Act of 1947 (50 U.S.C. 3036(d)).
SEC. 706. INTELLIGENCE COMMUNITY WORKPLACE PROTECTIONS.
(a) Employment Status.--
(1) Conversion of positions by director of national
intelligence to excepted service.--Section 102A(v) of the
National Security Act of 1947 (50 U.S.C. 3024(v)) is
amended--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) The Director shall promptly notify the congressional
intelligence committees of any action taken pursuant to
paragraph (1).''; and
(C) in paragraph (3), as redesignated by subparagraph (A),
by striking ``occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2012''.
(2) Conversion of defense intelligence positions to
excepted service.--Section
[[Page S4628]]
1601(a) of title 10, United States Code, is amended--
(A) by redesignating subsection (b) as subsection (d); and
(B) by inserting after subsection (a) the following:
``(b) Congressional Notification.--The Secretary shall
promptly notify the congressional defense committees and the
congressional intelligence committees (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)) of
any action taken pursuant to subsection (a).
``(c) Retention of Accrued Rights Upon Conversion.--An
incumbent whose position is selected to be converted, without
regard to the wishes of the incumbent, to the excepted
service under subsection (a) shall remain in the competitive
service for the purposes of status and any accrued adverse
action protections while the individual occupies that
position or any other position to which the employee is moved
involuntarily. Once such individual no longer occupies the
converted position, the position may be treated as a
regularly excepted service position.''.
(3) Conversion within the excepted service.--An
intelligence community incumbent employee whose position is
selected to be converted from one excepted service schedule
to another schedule within the excepted service without
regard to the wishes of the incumbent shall remain in the
current schedule for the purpose of status and any accrued
adverse action protections while the individual occupies that
position or any other position to which the employee is moved
without regard to the wishes of the employee.
(b) Congressional Notification of Guidelines.--
(1) Submittal to congress.--Not later than 30 days after
the date of the enactment of this Act, each head of an
element of the intelligence community shall submit to the
congressional intelligence committees the guidelines and
regulations of the element relating to employment status and
protections relating to that status.
(2) Notice of changes.--In any case in which a guideline or
regulation of an element of the intelligence community
submitted pursuant to paragraph (1) is modified or replaced,
the head of the element shall promptly notify the
congressional intelligence committees of the change and
submit the new or modified guideline or regulation.
(c) Termination Authorities of the Director of the CIA.--
(1) Process and notification.--Section 104A(e) of the
National Security Act of 1947 (50 U.S.C. 3036(e)) is
amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2)(A) Subject to subparagraph (B), the Director shall
not take an action under paragraph (1) to terminate the
employment of an officer or employee, except in accordance
with guidelines and regulations submitted to the
congressional intelligence committees.
``(B) The Director may take an action under paragraph (1)
without or in contravention of the guidelines and regulations
specified in subparagraph (A) of this paragraph if the
Director determines that complying with such guidelines and
regulations poses a threat to the national security of the
United States. If the Director makes such a determination,
the Director shall provide prompt notification to the
congressional intelligence committees that includes--
``(i) an explanation for the basis for the termination and
the factual support for such determination; and
``(ii) an explanation for the determination that the
process described in subparagraph (A) poses a threat to the
national security of the United States.''.
(d) Improvement of Congressional Notice Requirement
Relating to Termination of Defense Intelligence Employees.--
Section 1609(c) of title 10, United States Code, is amended
by adding at the end the following: ``Such notification shall
include the following:
``(1) An explanation for the determination that the
termination was in the interests of the United States.
``(2) An explanation for the determination that the
procedures prescribed in other provisions of law that
authorize the termination of the employment of such employee
cannot be invoked in a manner consistent with the national
security of the United States.''.
(e) Congressional Notification of Other Suspension and
Removal Authorities.--Section 7532 of title 5, United States
Code, is amended by adding at the end the following:
``(d)(1) The head of an element of the intelligence
community who takes an action under this section shall
promptly notify the congressional intelligence committees of
such action.
``(2) Each notification under paragraph (1) regarding an
action shall include the following:
``(A) An explanation for the determination that the action
is necessary or advisable in the interests of national
security.
``(B) If the head of an element of the intelligence
community determines, pursuant to subsection (a), that the
interests of national security do not permit notification to
the employee of the reasons for the action under that
subsection, an explanation for such determination.
``(3) In this subsection, the terms `congressional
intelligence committees' and `intelligence community' have
the meanings given such terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).''.
(f) Savings Clause.--Nothing in this section shall be
construed to diminish the rights conferred by chapter 75 of
title 5, United States Code, or other applicable agency
adverse action or disciplinary procedures.
SEC. 707. SENSE OF CONGRESS ON GOVERNMENT PERSONNEL SUPPORT
FOR FOREIGN TERRORIST ORGANIZATIONS.
It is the sense of Congress that for the purposes of
adjudicating the eligibility of an individual for access to
classified information, renewal of a prior determination of
eligibility for such access, or continuous vetting of an
individual for eligibility for such access, including on form
SF-86 or any successor form, each of the following should be
considered an action advocating for an act of terrorism:
(1) Espousing the actions of an organization designated as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Advocating for continued attacks by an organization
described in paragraph (1).
(3) Soliciting funds for an organization described in
paragraph (1).
TITLE VIII--WHISTLEBLOWERS
SEC. 801. IMPROVEMENTS REGARDING URGENT CONCERNS SUBMITTED TO
INSPECTORS GENERAL OF THE INTELLIGENCE
COMMUNITY.
(a) Inspector General of the Intelligence Community.--
Section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``(i)'' before ``An employee of'';
(B) by inserting ``in writing'' before ``to the Inspector
General''; and
(C) by adding at the end the following:
``(ii) The Inspector General shall provide any support
necessary to ensure that an employee can submit a complaint
or information under this subparagraph in writing and, if
such submission is not feasible, shall create a written
record of the employee's verbal complaint or information and
treat such written record as a written submission.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B)(i)(I) Not later than the end of the period specified
in subclause (II), the Inspector General shall determine
whether the written complaint or information submitted under
subparagraph (A) appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director notice of that determination, together with the
complaint or information.
``(II) The period specified in this subclause is the 14-
calendar-day period beginning on the date on which an
employee who has submitted an initial written complaint or
information under subparagraph (A) confirms that the employee
has submitted to the Inspector General the material the
employee intends to submit to Congress under such
subparagraph.
``(ii) The Inspector General may transmit a complaint or
information submitted under subparagraph (A) directly to the
congressional intelligence committees--
``(I) without transmittal to the Director if the Inspector
General determines that transmittal to the Director could
compromise the anonymity of the employee or result in the
complaint or information being transmitted to a subject of
the complaint or information; or
``(II) following transmittal to the Director if the
Director does not transmit the complaint or information to
the congressional intelligence committees within the time
period specified in subparagraph (C).'';
(3) in subparagraph (D)--
(A) in clause (i), by striking ``or does not transmit the
complaint or information to the Director in accurate form
under subparagraph (B),'' and inserting ``does not transmit
the complaint or information to the Director in accurate form
under subparagraph (B)(i)(I), or makes a determination
pursuant to subparagraph (B)(ii)(I) but does not transmit the
complaint or information to the congressional intelligence
committees within 21 calendar days of receipt,''; and
(B) by striking clause (ii) and inserting the following:
``(ii) An employee may contact the congressional
intelligence committees directly as described in clause (i)
only if--
``(I) the employee, before making such a contact--
``(aa) transmits to the Director, through the Inspector
General, a statement of the employee's complaint or
information and notice of the employee's intent to contact
the congressional intelligence committees directly; and
``(bb) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
congressional intelligence committees in accordance with
appropriate security practices; or
``(II) the Inspector General--
``(aa) determines that--
``(AA) a transmittal under subclause (I) could compromise
the anonymity of the employee or result in the complaint or
information being transmitted to a subject of the complaint
or information; or
``(BB) the Director has failed to provide adequate
direction pursuant to item (bb) of subclause (I) within 7
calendar days of a transmittal under such subclause; and
[[Page S4629]]
``(bb) provides the employee direction on how to contact
the congressional intelligence committees in accordance with
appropriate security practices.''; and
(4) by adding at the end the following:
``(J) In this paragraph, the term `employee', with respect
to an employee of an element of the intelligence community,
an employee assigned or detailed to an element of the
intelligence community, or an employee of a contractor to the
intelligence community who may submit a complaint or
information to the Inspector General under subparagraph (A),
means--
``(i) a current employee at the time of such submission; or
``(ii) a former employee at the time of such submission, if
such complaint or information arises from and relates to the
period of employment as such an employee.''.
(b) Inspector General of the Central Intelligence Agency.--
Section 17(d)(5) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)) is amended--
(1) in subparagraph (A)--
(A) by inserting (i) before ``An employee'';
(B) by inserting ``in writing'' before ``to the Inspector
General''; and
(C) by adding at the end the following:
``(ii) The Inspector General shall provide any support
necessary to ensure that an employee can submit a complaint
or information under this subparagraph in writing and, if
such submission is not feasible, shall create a written
record of the employee's verbal complaint or information and
treat such written record as a written submission.'';
(2) in subparagraph (B)--
(A) by striking clause (i) and inserting the following:
``(i)(I) Not later than the end of the period specified in
subclause (II), the Inspector General shall determine whether
the written complaint or information submitted under
subparagraph (A) appears credible. Upon making such a
determination, the Inspector General shall transmit to the
Director notice of that determination, together with the
complaint or information.
``(II) The period specified in this subclause is the 14-
calendar-day period beginning on the date on which an
employee who has submitted an initial written complaint or
information under subparagraph (A) confirms that the employee
has submitted to the Inspector General the material the
employee intends to submit to Congress under such
subparagraph.''; and
(B) by adding at the end the following:
``(iii) The Inspector General may transmit a complaint or
information submitted under subparagraph (A) directly to the
congressional intelligence committees--
``(I) without transmittal to the Director if the Inspector
General determines that transmittal to the Director could
compromise the anonymity of the employee or result in the
complaint or information being transmitted to a subject of
the complaint or information;
``(II) following transmittal to the Director if the
Director does not transmit the complaint or information to
the congressional intelligence committees within the time
period specified in subparagraph (C) and has not made a
determination regarding a conflict of interest pursuant to
clause (ii); or
``(III) following transmittal to the Director and a
determination by the Director that a conflict of interest
exists pursuant to clause (ii) if the Inspector General
determines that--
``(aa) transmittal to the Director of National Intelligence
could compromise the anonymity of the employee or result in
the complaint or information being transmitted to a subject
of the complaint or information; or
``(bb) the Director of National Intelligence has not
transmitted the complaint or information to the congressional
intelligence committees within the time period specified in
subparagraph (C).'';
(3) in subparagraph (D)--
(A) in clause (i), by striking ``or does not transmit the
complaint or information to the Director in accurate form
under subparagraph (B),'' and inserting ``does not transmit
the complaint or information to the Director in accurate form
under subparagraph (B)(i)(I), or makes a determination
pursuant to subparagraph (B)(iii)(I) but does not transmit
the complaint or information to the congressional
intelligence committees within 21 calendar days of
receipt,''; and
(B) by striking clause (ii) and inserting the following:
``(ii) An employee may contact the congressional
intelligence committees directly as described in clause (i)
only if--
``(I) the employee, before making such a contact--
``(aa) transmits to the Director, through the Inspector
General, a statement of the employee's complaint or
information and notice of the employee's intent to contact
the congressional intelligence committees directly; and
``(bb) obtains and follows from the Director, through the
Inspector General, direction on how to contact the
congressional intelligence committees in accordance with
appropriate security practices; or
``(II) the Inspector General--
``(aa) determines that--
``(AA) the transmittal under subclause (I) could compromise
the anonymity of the employee or result in the complaint or
information being transmitted to a subject of the complaint
or information; or
``(BB) the Director has failed to provide adequate
direction pursuant to item (bb) of subclause (I) within 7
calendar days of a transmittal under such subclause; and
``(bb) provides the employee direction on how to contact
the congressional intelligence committees in accordance with
appropriate security practices.''; and
(4) by adding at the end the following:
``(I) In this paragraph, the term `employee', with respect
to an employee of the Agency, or of a contractor to the
Agency, who may submit a complaint or information to the
Inspector General under subparagraph (A), means--
``(i) a current employee at the time of such submission; or
``(ii) a former employee at the time of such submission, if
such complaint or information arises from and relates to the
period of employment as such an employee.''.
(c) Other Inspectors General of Elements of the
Intelligence Community.--Section 416 of title 5, United
States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Employee.--The term `employee', with respect to an
employee of an element of the Federal Government covered by
subsection (b), or of a contractor to such an element, who
may submit a complaint or information to an Inspector General
under such subsection, means--
``(A) a current employee at the time of such submission; or
``(B) a former employee at the time of such submission, if
such complaint or information arises from and relates to the
period of employment as such an employee.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by inserting ``; support for
written submission''; after ``made'';
(ii) by inserting ``in writing'' after ``may report the
complaint or information'' each place it appears; and
(iii) in subparagraph (B), by inserting ``in writing''
after ``such complaint or information''; and
(B) by adding at the end the following:
``(E) Support for written submission.--The Inspector
General shall provide any support necessary to ensure that an
employee can submit a complaint or information under this
paragraph in writing and, if such submission is not feasible,
shall create a written record of the employee's verbal
complaint or information and treat such written record as a
written submission.'';
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) Credibility.--
``(A) Determination.--Not later than the end of the period
specified in subparagraph (B), the Inspector General shall
determine whether the written complaint or information
submitted under subsection (b) appears credible. Upon making
such a determination, the Inspector General shall transmit to
the head of the establishment notice of that determination,
together with the complaint or information.
``(B) Period specified.--The period specified in this
subparagraph is the 14-calendar-day period beginning on the
date on which an employee who has submitted an initial
written complaint or information under subsection (b)
confirms that the employee has submitted to the Inspector
General the material the employee intends to submit to
Congress under such subsection.''; and
(B) by adding at the end the following:
``(3) Transmittal directly to intelligence committees.--The
Inspector General may transmit the complaint or information
directly to the intelligence committees--
``(A) without transmittal to the head of the establishment
if the Inspector General determines that transmittal to the
head of the establishment could compromise the anonymity of
the employee or result in the complaint or information being
transmitted to a subject of the complaint or information;
``(B) following transmittal to the head of the
establishment if the head of the establishment does not
transmit the complaint or information to the intelligence
committees within the time period specified in subsection (d)
and has not made a determination regarding a conflict of
interest pursuant to paragraph (2); or
``(C) following transmittal to the head of the
establishment and a determination by the head of the
establishment that a conflict of interest exists pursuant to
paragraph (2) if the Inspector General determines that--
``(i) transmittal to the Director of National Intelligence
or the Secretary of Defense could compromise the anonymity of
the employee or result in the complaint or information being
transmitted to a subject of the complaint or information; or
``(ii) the Director of National Intelligence or the
Secretary of Defense has not transmitted the complaint or
information to the intelligence committees within the time
period specified in subsection (d).'';
(4) in subsection (e)(1), by striking ``or does not
transmit the complaint or information to the head of the
establishment in accurate form under subsection (c),'' and
inserting ``does not transmit the complaint or information to
the head of the establishment in accurate form under
subsection (c)(1)(A), or makes a determination pursuant to
subsection (c)(3)(A) but does not transmit the complaint or
information to the intelligence committees within 21 calendar
days of receipt,''; and
[[Page S4630]]
(5) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Limitation.--An employee may contact the intelligence
committees directly as described in paragraph (1) only if--
``(A) the employee, before making such a contact--
``(i) transmits to the head of the establishment, through
the Inspector General, a statement of the employee's
complaint or information and notice of the employee's intent
to contact the intelligence committees directly; and
``(ii) obtains and follows from the head of the
establishment, through the Inspector General, direction on
how to contact the intelligence committees in accordance with
appropriate security practices; or
``(B) the Inspector General--
``(i) determines that the transmittal under subparagraph
(A) could compromise the anonymity of the employee or result
in the complaint or information being transmitted to a
subject of the complaint or information; or
``(ii) determines that the head of the establishment has
failed to provide adequate direction pursuant to clause (ii)
of subparagraph (A) within 7 calendar days of a transmittal
under such subparagraph; and
``(iii) provides the employee direction on how to contact
the intelligence committees in accordance with appropriate
security practices.''.
SEC. 802. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS ACT OF REPRISAL.
(a) In General.--Section 1104(a) of the National Security
Act of 1947 (50 U.S.C. 3234(a)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K);
and
(C) by inserting after subparagraph (I) the following:
``(J) an unauthorized whistleblower identity disclosure;'';
and
(2) by adding at the end the following:
``(5) Unauthorized whistleblower identity disclosure.--The
term `unauthorized whistleblower identity disclosure' means,
with respect to an employee or a contractor employee
described in paragraph (3), a knowing and willful disclosure
revealing the identity or other personally identifiable
information of the employee or contractor employee so as to
identify the employee or contractor employee as an employee
or contractor employee who has made a lawful disclosure
described in subsection (b) or (c), but does not include such
a knowing and willful disclosure that meets any of the
following criteria:
``(A) Such disclosure was made with the express consent of
the employee or contractor employee.
``(B) Such disclosure was made during the course of
reporting or remedying the subject of the lawful disclosure
of the whistleblower through management, legal, or oversight
processes, including such processes relating to human
resources, equal opportunity, security, or an Inspector
General.
``(C) An Inspector General with oversight responsibility
for the relevant covered intelligence community element
determines that such disclosure--
``(i) was unavoidable under section 103H of this Act (50
U.S.C. 3033), section 17 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3517), section 407 of title 5, United
States Code, or section 420(b)(2)(B) of such title;
``(ii) was made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken; or
``(iii) was required by statute or an order from a court of
competent jurisdiction.''.
(b) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (f) of such section is
amended to read as follows:
``(f) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement
of this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement
of this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.
``(3) Private right of action for disclosures of
whistleblower identity in violation of prohibition against
reprisals.--Subject to paragraph (4), in a case in which an
employee of an agency takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which an employee or
contractor employee takes a personnel action described in
subsection (a)(3)(J) against another contractor employee as a
reprisal in violation of subsection (c), the employee or
contractor employee against whom the personnel action was
taken may, consistent with section 1221 of title 5, United
States Code, bring a private action for all appropriate
remedies, including injunctive relief and compensatory and
punitive damages, in an amount not to exceed $250,000,
against the agency of the employee or contracting agency of
the contractor employee who took the personnel action, in a
Federal district court of competent jurisdiction.
``(4) Requirements.--
``(A) Review by inspector general and by external review
panel.--Before the employee or contractor employee may bring
a private action under paragraph (3), the employee or
contractor employee shall exhaust administrative remedies
by--
``(i) first, obtaining a disposition of their claim by
requesting review by the appropriate inspector general; and
``(ii) second, if the review under clause (i) does not
substantiate reprisal, by submitting to the Inspector General
of the Intelligence Community a request for a review of the
claim by an external review panel under section 1106.
``(B) Period to bring action.--The employee or contractor
employee may bring a private right of action under paragraph
(3) during the 180-day period beginning on the date on which
the employee or contractor employee is notified of the final
disposition of their claim under section 1106.''.
SEC. 803. PROTECTION FOR INDIVIDUALS MAKING AUTHORIZED
DISCLOSURES TO INSPECTORS GENERAL OF ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
(a) Inspector General of the Intelligence Community.--
Section 103H(g)(3) of the National Security Act of 1947 (50
U.S.C. 3033(g)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by adding at the end the following new subparagraph:
``(B) An individual may disclose classified information to
the Inspector General in accordance with the applicable
security standards and procedures established under Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), section 102A or section 803,
chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161
et seq.), or any applicable provision of law. Such a
disclosure of classified information that is made by an
individual who at the time of the disclosure does not hold
the appropriate clearance or authority to access such
classified information, but that is otherwise made in
accordance with such security standards and procedures, shall
be treated as an authorized disclosure and does not violate--
``(i) any otherwise applicable nondisclosure agreement;
``(ii) any otherwise applicable regulation or order issued
under the authority of Executive Order 13526 (50 U.S.C. 3161
note; relating to classified national security information)
or chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C.
2271 et seq.); or
``(iii) section 798 of title 18, United States Code, or any
other provision of law relating to the unauthorized
disclosure of national security information.''; and
(3) in the paragraph enumerator, by striking ``(3) '' and
inserting ``(3)(A)''.
(b) Inspector General of the Central Intelligence Agency.--
Section 17(e)(3) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(e)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by adding at the end the following new subparagraph:
``(B) An individual may disclose classified information to
the Inspector General in accordance with the applicable
security standards and procedures established under Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), section 102A or 803 of the
National Security Act of 1947 (50 U.S.C. 3024; 3162a), or
chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161
et seq.). Such a disclosure of classified information that is
made by an individual who at the time of the disclosure does
not hold the appropriate clearance or authority to access
such classified information, but that is otherwise made in
accordance with such security standards and procedures, shall
be treated as an authorized disclosure and does not violate--
``(i) any otherwise applicable nondisclosure agreement;
``(ii) any otherwise applicable regulation or order issued
under the authority of Executive Order 13526 or chapter 18 of
the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.); or
``(iii) section 798 of title 18, United States Code, or any
other provision of law relating to the unauthorized
disclosure of national security information.''; and
(3) in the paragraph enumerator, by striking ``(3) '' and
inserting ``(3)(A)''.
(c) Other Inspectors General of Elements of the
Intelligence Community.--Section 416 of title 5, United
States Code, is amended by adding at the end the following
new subsection:
``(i) Protection for Individuals Making Authorized
Disclosures.--An individual may disclose classified
information to an Inspector General of an element of the
intelligence community in accordance with the applicable
security standards and procedures established under Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), section 102A or 803 of the
National Security Act of 1947 (50 U.S.C. 3024; 3162a), or
chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161
et seq.). Such a disclosure of classified information that is
made by an individual who at the time of the disclosure does
not hold the appropriate clearance or authority to access
such classified information, but that is otherwise made in
accordance with such security standards and procedures, shall
be treated as an authorized disclosure and does not violate--
[[Page S4631]]
``(1) any otherwise applicable nondisclosure agreement;
``(2) any otherwise applicable regulation or order issued
under the authority of Executive Order 13526 or chapter 18 of
the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.); or
``(3) section 798 of title 18, or any other provision of
law relating to the unauthorized disclosure of national
security information.''.
SEC. 804. CLARIFICATION OF AUTHORITY OF CERTAIN INSPECTORS
GENERAL TO RECEIVE PROTECTED DISCLOSURES.
Section 1104 of the National Security Act of 1947 (50
U.S.C. 3234) is amended--
(1) in subsection (b)(1), by inserting ``or covered
intelligence community element'' after ``the appropriate
inspector general of the employing agency''; and
(2) in subsection (c)(1)(A), by inserting ``or covered
intelligence community element'' after ``the appropriate
inspector general of the employing or contracting agency''.
SEC. 805. WHISTLEBLOWER PROTECTIONS RELATING TO PSYCHIATRIC
TESTING OR EXAMINATION.
(a) Prohibited Personnel Practices.--Section 1104(a)(3) of
the National Security Act of 1947 (50 U.S.C. 3234(a)(3)) is
amended--
(1) in subparagraph (I), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) a decision to order psychiatric testing or
examination; or''.
(b) Application.--The amendments made by this section shall
apply with respect to matters arising under section 1104 of
the National Security Act of 1947 (50 U.S.C. 3234) on or
after the date of the enactment of this Act.
SEC. 806. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY
CLEARANCE AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(4)) is amended to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii), in determining
whether the adverse security clearance or access
determination violated paragraph (1), the agency shall find
that paragraph (1) was violated if the individual has
demonstrated that a disclosure described in paragraph (1) was
a contributing factor in the adverse security clearance or
access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing
factor in the adverse security clearance or access
determination taken against the individual through
circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the
disclosure; and
``(II) the determination occurred within a period such that
a reasonable person could conclude that the disclosure was a
contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse
security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure was a
contributing factor, the agency demonstrates by clear and
convincing evidence that it would have made the same security
clearance or access determination in the absence of such
disclosure.''.
SEC. 807. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR
RETALIATORY REVOCATION OF SECURITY CLEARANCES
AND ACCESS DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is
amended, in the second sentence, by striking ``not to exceed
$300,000''.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
SEC. 901. ADDITIONAL DISCRETION FOR DIRECTOR OF CENTRAL
INTELLIGENCE AGENCY IN PAYING COSTS OF TREATING
QUALIFYING INJURIES AND MAKING PAYMENTS FOR
QUALIFYING INJURIES TO THE BRAIN.
(a) Additional Authority for Covering Costs for Treating
Qualifying Injuries Under Extraordinary Circumstances.--
Subsection (c) of section 19A of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3519b) is amended--
(1) by striking ``The Director may'' and inserting the
following:
``(1) In general.--The Director may''; and
(2) by adding at the end the following:
``(2) Extraordinary circumstances.--Under such
circumstances as the Director determines extraordinary, the
Director may pay the costs of treating a qualifying injury of
a covered employee, a covered individual, or a covered
dependent or may reimburse a covered employee, a covered
individual, or a covered dependent for such costs, that are
not otherwise covered by a provision of Federal law,
regardless of the date of the injury and the location of the
employee, individual, or dependent when the injury
occurred.''.
(b) Additional Authority for Making Payments for Qualifying
Injuries to the Brain Under Extraordinary Circumstances.--
Subsection (d)(2) of such section is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(B) Extraordinary circumstances.--Under such
circumstances as the Director determines extraordinary, the
Director may provide payment to a covered employee, a covered
individual, or a covered dependent for any qualifying injury
to the brain, regardless of the date of the injury and the
location of the employee, individual, or dependent when the
injury occurred.''.
(c) Congressional Notification.--Such section is amended by
adding at the end the following new subsection:
``(e) Congressional Notification.--Whenever the Director
makes a payment or reimbursement made under subsection (c) or
(d)(2), the Director shall, not later than 30 days after the
date on which the payment or reimbursement is made, submit to
the congressional intelligence committees (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) a notification of such payment or reimbursement.''.
SEC. 902. ADDITIONAL DISCRETION FOR SECRETARY OF STATE AND
HEADS OF OTHER FEDERAL AGENCIES IN PAYING COSTS
OF TREATING QUALIFYING INJURIES AND MAKING
PAYMENTS FOR QUALIFYING INJURIES TO THE BRAIN.
(a) Additional Authority for Covering Costs for Treating
Qualifying Injuries Under Extraordinary Circumstances.--
Subsection (b) of section 901 of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is
amended to read as follows:
``(b) Costs for Treating Qualifying Injuries.--
``(1) In general.--The Secretary of State or the head of
any other Federal agency may pay or reimburse the costs
relating to diagnosing and treating--
``(A) a qualifying injury of a covered employee for such
costs, that are not otherwise covered by chapter 81 of title
5, United States Code, or other provision of Federal law; or
``(B) a qualifying injury of a covered individual, or a
covered dependent, for such costs that are not otherwise
covered by Federal law.
``(2) Extraordinary circumstances.--Under such
circumstances as the Secretary of State or other agency head
determines extraordinary, the Secretary or other agency head
may pay the costs of treating a qualifying injury of a
covered employee, a covered individual, or a covered
dependent or may reimburse a covered employee, a covered
individual, or a covered dependent for such costs, that are
not otherwise covered by a provision of Federal law,
regardless of the date on which the injury occurred.''.
(b) Additional Authority for Making Payments for Qualifying
Injuries to the Brain Under Extraordinary Circumstances.--
Subsection (i)(2) of such section is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(B) Extraordinary circumstances.--Under such
circumstances as the Secretary of State or other agency head
with an employee determines extraordinary, the Secretary or
other agency head may provide payment to a covered dependent,
a dependent of a former employee, a covered employee, a
former employee, and a covered individual for any qualifying
injury to the brain, regardless of the date on which the
injury occurred.''.
(c) Changes to Definitions.--Subsection (e) of such section
is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by striking ``a
employee who, on or after January 1, 2016'' and inserting
``an employee who, on or after September 11, 2001''; and
(B) in subparagraph (A), by inserting ``, or duty station
in the United States'' before the semicolon;
(2) in paragraph (2)--
(A) by striking ``January 1, 2016'' and inserting
``September 11, 2001''; and
(B) by inserting ``, or duty station in the United
States,'' after ``pursuant to subsection (f)'';
(3) in paragraph (3)--
(A) in the matter before subparagraph (A), by striking
``January 1, 2016'' and inserting ``September 11, 2001''; and
(B) in subparagraph (A), by inserting ``, or duty station
in the United States'' before the semicolon; and
(4) in paragraph (4)--
(A) in subparagraph (A)(i), by inserting ``, or duty
station in the United States'' before the semicolon; and
(B) in subparagraph (B)(i), by inserting ``, or duty
station in the United States'' before the semicolon.
(d) Clarification Relating to Authorities of Director of
the Central Intelligence Agency.--Such section is further
amended by adding at the end the following:
``(k) Relation to Director of Central Intelligence
Agency.--The authorities and requirements of this section
shall not apply to the Director of the Central Intelligence
Agency.''.
SEC. 903. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY
DEPARTMENT OF STATE FOR QUALIFYING INJURIES TO
THE BRAIN.
Section 901(i) of division J of the Further Consolidated
Appropriations Act, 2020 (22
[[Page S4632]]
U.S.C. 2680b) is amended by striking paragraph (3) and
inserting the following:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a fiscal
year may be made using any funds--
``(i) appropriated specifically for payments under such
paragraph; or
``(ii) reprogrammed in accordance with an applicable
provision of law.
``(B) Budget.--For each fiscal year, the Secretary of State
shall include with the budget justification materials
submitted to Congress in support of the budget of the
President for that fiscal year pursuant to section 1105(a) of
title 31, United States Code, an estimate of the funds
required in that fiscal year to make payments under paragraph
(2).''.
TITLE X--UNIDENTIFIED ANOMALOUS PHENOMENA
SEC. 1001. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF
ALL-DOMAIN ANOMALY RESOLUTION OFFICE.
(a) Definitions.--In this section, the terms
``congressional defense committees'', ``congressional
leadership'', and ``unidentified anomalous phenomena'' have
the meanings given such terms in section 1683(n) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(n)).
(b) Review Required.--The Comptroller General of the United
States shall conduct a review of the All-domain Anomaly
Resolution Office (in this section referred to as the
``Office'').
(c) Elements.--The review conducted pursuant to subsection
(b) shall include the following:
(1) A review of the implementation by the Office of the
duties and requirements of the Office under section 1683 of
the National Defense Authorization Act for Fiscal Year 2022
(50 U.S.C. 3373), such as the process for operational
unidentified anomalous phenomena reporting and coordination
with the Department of Defense, the intelligence community,
and other departments and agencies of the Federal Government
and non-Government entities.
(2) A review of such other matters relating to the
activities of the Office that pertain to unidentified
anomalous phenomena as the Comptroller General considers
appropriate.
(d) Report.--Following the review required by subsection
(b), in a timeframe mutually agreed upon by the congressional
intelligence committees, the congressional defense
committees, congressional leadership, and the Comptroller
General, the Comptroller General shall submit to such
committees and congressional leadership a report on the
findings of the Comptroller General with respect to the
review conducted under subsection (b).
SEC. 1002. SUNSET OF REQUIREMENTS RELATING TO AUDITS OF
UNIDENTIFIED ANOMALOUS PHENOMENA HISTORICAL
RECORD REPORT.
Section 6001 of the Intelligence Authorization Act for
Fiscal Year 2023 (50 U.S.C. 3373 note) is amended--
(1) in subsection (b)(2), by inserting ``until April 1,
2025'' after ``quarterly basis''; and
(2) in subsection (c), by inserting ``until June 30, 2025''
after ``semiannually thereafter''.
SEC. 1003. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED
ANOMALOUS PHENOMENA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Armed Services, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Unidentified anomalous phenomena.--The term
``unidentified anomalous phenomena'' has the meaning given
such term in section 1683(n) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)).
(b) Limitations.--None of the funds authorized to be
appropriated or otherwise made available by this Act may be
obligated or expended in support of any activity involving
unidentified anomalous phenomena protected under any form of
special access or restricted access limitation unless the
Director of National Intelligence has provided the details of
the activity to the appropriate committees of Congress and
congressional leadership, including for any activities
described in a report released by the All-domain Anomaly
Resolution Office in fiscal year 2024.
(c) Limitation Regarding Independent Research and
Development.--Independent research and development funding
relating to unidentified anomalous phenomena shall not be
allowable as indirect expenses for purposes of contracts
covered by such instruction, unless such material and
information is made available to the appropriate
congressional committees and leadership.
TITLE XI--AIR AMERICA
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Air America Act of 2024''.
SEC. 1102. FINDINGS.
Congress finds the following:
(1) Air America and its affiliated companies, in
coordination with the Central Intelligence Agency, provided
direct and indirect support to the United States Government
from 1950 to 1976.
(2) The service and sacrifice of employees of Air America
included--
(A) suffering a high rate of casualties in the course of
service;
(B) saving thousands of lives in search and rescue missions
for downed United States airmen and in allied refugee
evacuations; and
(C) serving lengthy periods under challenging circumstances
abroad.
SEC. 1103. DEFINITIONS.
In this title:
(1) Affiliated company.--The term ``affiliated company'',
with respect to Air America, includes Air Asia Company
Limited, CAT Incorporated, Civil Air Transport Company
Limited, and the Pacific Division of Southern Air Transport.
(2) Air america.--The term ``Air America'' means Air
America, Incorporated.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Oversight and Accountability, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
(4) Child; dependent; widow; widower.--The terms ``child'',
``dependent'', ``widow'', and ``widower'' have the meanings
given those terms in section 8341(a) of title 5, United
States Code, except that such section shall be applied by
substituting ``individual who performed qualifying service''
for ``employee or Member''.
(5) Covered decedent.--The term ``covered decedent'' means
an individual who was killed in Southeast Asia while
supporting operations of the Central Intelligence Agency
during the period beginning on January 1, 1950, and ending on
December 31, 1976, as a United States citizen employee of Air
America or an affiliated company.
(6) Director.--The term ``Director'' means the Director of
the Central Intelligence Agency.
(7) Qualifying service.-- The term ``qualifying service''
means service that--
(A) was performed by a United States citizen as an employee
of Air America or an affiliated company during the period
beginning on January 1, 1950, and ending on December 31,
1976; and
(B) is documented in--
(i) the corporate records of Air America or an affiliated
company;
(ii) records possessed by the United States Government; or
(iii) the personal records of a former employee of Air
America or an affiliated company that are verified by the
United States Government.
(8) Survivor.--The term ``survivor'' means--
(A) the widow or widower of--
(i) an individual who performed qualifying service; or
(ii) a covered decedent; or
(B) an individual who, at any time during or since the
period of qualifying service, or on the date of death of a
covered decedent, was a dependent or child of--
(i) the individual who performed such qualifying service;
or
(ii) the covered decedent.
SEC. 1104. AWARD AUTHORIZED TO ELIGIBLE PERSONS.
(a) In General.--Subject to the limitation in subsection
(d), the Director shall provide an award payment of $40,000
under this section--
(1) to an individual who performed qualifying service for a
period greater than or equal to 5 years or to a survivor of
such individual; or
(2) to the survivor of a covered decedent.
(b) Requirements.--
(1) In general.--To be eligible for a payment under this
subsection, an individual who performed qualifying service or
survivor (as the case may be) must demonstrate to the
satisfaction of the Director that the individual whose
qualifying service upon which the payment is based meets the
criteria of paragraph (1) or (2) of subsection (a).
(2) Reliance on records.--In carrying out this subsection,
in addition to any evidence provided by such an individual or
survivor, the Director may rely on records possessed by the
United States Government.
(c) Additional Payment.--If an individual, or in the case
of a survivor, the individual whose qualifying service upon
which the payment is based, can demonstrate to the Director
that the qualifying service of the individual exceeded 5
years, the Director shall pay to such individual or survivor
an additional $8,000 for each full year in excess of 5 years
(and a proportionate amount for a partial year).
(d) Survivors.--In the case of an award granted to a
survivor under this section, the payment shall be made--
(1) to the surviving widow or widower; or
(2) if there is no surviving widow or widower, to the
surviving dependents or children, in equal shares.
[[Page S4633]]
SEC. 1105. FUNDING LIMITATION.
(a) In General.--The total amount of awards granted under
this title may not exceed $60,000,000.
(b) Requests for Additional Funds.--If, at the
determination of the Director, the amount of funds required
to satisfy all valid applications for payment under this
title exceeds the limitation set forth in subsection (a), the
Director shall submit to Congress a request for sufficient
funds to fulfill all remaining payments.
(c) Awards to Employees of Intermountain Aviation.--The
Director may determine, on a case-by-case basis, to award
amounts to individuals who performed service consistent with
the definition of qualifying service as employees of
Intermountain Aviation.
SEC. 1106. TIME LIMITATION.
(a) In General.--To be eligible for an award payment under
this title, a claimant must file a claim for such payment
with the Director not later than 2 years after the effective
date of the regulations prescribed by the Director in
accordance with section 1107.
(b) Determination.--Not later than 90 days after receiving
a claim for an award payment under this section, the Director
shall determine the eligibility of the claimant for payment.
(c) Payment.--
(1) In general.--If the Director determines that the
claimant is eligible for the award payment, the Director
shall pay the award payment not later than 60 days after the
date of such determination.
(2) Lump-sum payment.--The Director shall issue each
payment as a one-time lump sum payment contingent upon the
timely filing of the claimant under this section.
(3) Notice and delays.--The Director shall notify the
appropriate congressional committees of any delays in making
an award payment not later than 30 days after the date such
payment is due.
SEC. 1107. APPLICATION PROCEDURES.
(a) In General.--The Director shall prescribe procedures to
carry out this title, which shall include processes under
which--
(1) claimants may submit claims for payment under this
title;
(2) the Director will award the amounts under section 1104;
and
(3) claimants can obtain redress and appeal determinations
under section 1106.
(b) Other Matters.--Such procedures--
(1) shall be--
(A) prescribed not later than 60 days after the date of the
enactment of this Act; and
(B) published in the Code of Federal Regulations; and
(2) shall not be subject to chapter 5 of title 5, United
States Code.
SEC. 1108. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to--
(1) entitle any person to Federal benefits, including
retirement benefits under chapter 83 or 84 of title 5, United
States Code, and disability or death benefits under chapter
81 of such title;
(2) change the legal status of the former Air America
corporation or any affiliated company; or
(3) create any legal rights, benefits, or entitlements
beyond the one-time award authorized by this title.
SEC. 1109. ATTORNEYS' AND AGENTS' FEES.
(a) In General.--It shall be unlawful for more than 25
percent of an award paid pursuant to this title to be paid
to, or received by, any agent or attorney for any service
rendered to a person who receives an award under section
1104, in connection with the award under this title.
(b) Violation.--Any agent or attorney who violates
subsection (a) shall be fined under title 18, United States
Code.
SEC. 1110. NO JUDICIAL REVIEW.
A determination by the Director pursuant to this title is
final and conclusive and shall not be subject to judicial
review.
SEC. 1111. REPORTS TO CONGRESS.
Until the date that all funds available for awards under
this title are expended, the Director shall submit to the
appropriate congressional committees a semiannual report
describing the number of award payments made and denied
during the 180 days preceding the submission of the report,
including the rationales for any denials, and if, at the
determination of the Director, the amount of funds provided
to carry out this title is insufficient to satisfy any
remaining or anticipated claims.
TITLE XII--OTHER MATTERS
SEC. 1201. ENHANCED AUTHORITIES FOR AMICUS CURIAE UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Expansion of Appointment Authority.--
(1) In general.--Section 103(i)(2)(A) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(i)(2)(A)) is amended by striking clause (i) and
inserting the following:
``(i) shall appoint one or more individuals who have been
designated under paragraph (1), not less than one of whom
possesses privacy and civil liberties expertise, unless the
court finds that such a qualification is inappropriate, to
serve as amicus curiae to assist the court in the
consideration of any application or motion for an order or
review that, in the opinion of the court--
``(I) presents a novel or significant interpretation of the
law, unless the court issues a finding that such appointment
is not appropriate;
``(II) presents exceptional concerns with respect to the
activities of a United States person that are protected by
the first amendment to the Constitution of the United States,
unless the court issues a finding that such appointment is
not appropriate;
``(III) targets a United States person and presents or
involves a sensitive investigative matter, unless--
``(aa) the matter represents an immediate danger to human
life; or
``(bb) the court issues a finding that such appointment is
not appropriate;
``(IV) targets a United States person and presents a
request for approval of programmatic surveillance or
reauthorization of programmatic surveillance, unless the
court issues a finding that such appointment is not
appropriate; or
``(V) targets a United States person and otherwise presents
novel or exceptional civil liberties issues, unless the court
issues a finding that such appointment is not appropriate;''.
(2) Definition of sensitive investigative matter.--
Subsection (i) of section 103 of such Act (50 U.S.C. 1803) is
amended by adding at the end the following:
``(12) Definition of sensitive investigative matter.--In
this subsection, the term `sensitive investigative matter'
means--
``(A) an investigative matter that targets a United States
person who is--
``(i) a United States elected official;
``(ii) an appointee of--
``(I) the President; or
``(II) a State Governor;
``(iii) a United States political candidate;
``(iv) a United States political organization or an
individual prominent in such an organization;
``(v) a United States news media organization or a member
of a United States news media organization; or
``(vi) a United States religious organization or an
individual prominent in such an organization; or
``(B) any other investigative matter involving a domestic
entity or a known or presumed United States person that, in
the judgment of the applicable court established under
subsection (a) or (b), is as sensitive as an investigative
matter described in subparagraph (A).''.
(b) Authority To Seek Review.--Subsection (i) of such
section (50 U.S.C. 1803), as amended by subsection (a) of
this section, is further amended--
(1) in paragraph (4)--
(A) in the paragraph heading, by inserting ``; authority''
after ``Duties'';
(B) by striking ``the amicus curiae shall'' and all that
follows through ``provide'' and insert the following: ``the
amicus curiae--
``(A) shall provide'';
(C) in subparagraph (A), as so designated--
(i) in clause (i), by inserting before the semicolon at the
end the following: ``, including legal arguments regarding
any privacy or civil liberties interest of any United States
person that would be significantly impacted by the
application or motion''; and
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(B) may seek leave to raise any novel or significant
privacy or civil liberties issue relevant to the application
or motion or other issue directly impacting the legality of
the proposed electronic surveillance with the court,
regardless of whether the court has requested assistance on
that issue.'';
(2) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Authority to seek review of decisions.--
``(A) FISA court decisions.--Following issuance of a final
order under this Act by the Foreign Intelligence Surveillance
Court in a matter in which an amicus curiae was appointed
under paragraph (2), that amicus curiae may petition the
Foreign Intelligence Surveillance Court to certify for review
to the Foreign Intelligence Surveillance Court of Review a
question of law pursuant to subsection (j). If the court
denies such petition, the court shall provide for the record
a written statement of the reasons for such denial. Upon
certification of any question of law pursuant to this
subparagraph, the Court of Review shall appoint the amicus
curiae to assist the Court of Review in its consideration of
the certified question, unless the Court of Review issues a
finding that such appointment is not appropriate.
``(B) FISA court of review decisions.--An amicus curiae
appointed under paragraph (2) may petition the Foreign
Intelligence Surveillance Court of Review to certify for
review to the Supreme Court of the United States any question
of law pursuant to section 1254(2) of title 28, United States
Code, in the matter in which that amicus curiae was
appointed.
``(C) Declassification of referrals.--For purposes of
section 602, if the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review
denies a petition filed under subparagraph (A) or (B) of this
paragraph, that petition and all of its content shall be
considered a decision, order, or opinion issued by the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review described in
section 602(a).''.
(c) Access to Information.--
(1) Application and Materials.--Subparagraph (A) of section
103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is amended to
read as follows:
``(A) In general.--
[[Page S4634]]
``(i) Rights of amicus.--If a court established under
subsection (a) or (b) appoints an amicus curiae under
paragraph (2), the amicus curiae--
``(I) shall have access to, to the extent such information
is available to the Government and the court established
under subsection (a) or (b) determines it is necessary to
fulfill the duties of the amicus curiae--
``(aa) the application, certification, petition, motion,
and other information and supporting materials submitted to
the Foreign Intelligence Surveillance Court in connection
with the matter in which the amicus curiae has been
appointed, including access to any relevant legal precedent
(including any such precedent that is cited by the
Government, including in such an application);
``(bb) a copy of each relevant decision made by the Foreign
Intelligence Surveillance Court or the Foreign Intelligence
Surveillance Court of Review in which the court decides a
question of law, without regard to whether the decision is
classified; and
``(cc) any other information or materials that the court
determines are relevant to the duties of the amicus curiae;
and
``(II) may make a submission to the court requesting access
to any other particular materials or information (or category
of materials or information) that the amicus curiae believes
to be relevant to the duties of the amicus curiae.
``(ii) Supporting documentation regarding accuracy.--The
Foreign Intelligence Surveillance Court, upon the motion of
an amicus curiae appointed under paragraph (2) or upon its
own motion, may require the Government to make available the
supporting documentation regarding the accuracy of any
material submitted to the Foreign Intelligence Surveillance
Court in connection with the matter in which the amicus
curiae has been appointed if the court determines the
information is relevant to the duties of the amicus
curiae.''.
(2) Clarification of access to certain information.--Such
section is further amended by striking subparagraph (C) and
inserting the following:
``(C) Classified information.--An amicus curiae appointed
by the court shall have access, to the extent such
information is available to the Government and the court
determines such information is relevant to the duties of the
amicus curiae in the matter in which the amicus curiae was
appointed, to copies of each opinion, order, transcript,
pleading, or other document of the Foreign Intelligence
Surveillance Court and the Foreign Intelligence Surveillance
Court of Review, including, if the individual is eligible for
access to classified information, any classified documents,
information, and other materials or proceedings, but only to
the extent consistent with the national security of the
United States.''.
(3) Consultation among amici curiae.--Such section is
further amended--
(A) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(B) by inserting after subparagraph (A) the following:
``(B) Consultation.--If the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review determines that it is relevant to the duties
of an amicus curiae appointed by the court under paragraph
(2), the amicus curiae may consult with one or more of the
other individuals designated to serve as amicus curiae
pursuant to paragraph (1) regarding any of the information
relevant to any assigned proceeding.''.
(d) Term Limits.--
(1) Requirement.--Paragraph (1) of section 103(i) of such
Act (50 U.S.C. 1803(i)) is amended by adding at the end the
following new sentence: ``An individual may serve as an
amicus curiae for a 5-year term, and the presiding judges
may, for good cause, jointly reappoint the individual to a
single additional 5-year term.''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to the service of an amicus curiae
appointed under section 103(i) of such Act (50 U.S.C.
1803(i)) that occurs on or after the date of the enactment of
this Act, regardless of the date on which the amicus curiae
is appointed.
SEC. 1202. LIMITATION ON DIRECTIVES UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978 RELATING
TO CERTAIN ELECTRONIC COMMUNICATION SERVICE
PROVIDERS.
Section 702(i) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1881a(i)) is amended by adding at the end
the following:
``(7) Limitation relating to certain electronic
communication service providers.--
``(A) Definitions.--In this paragraph:
``(i) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(I) the congressional intelligence committees;
``(II) the Committee on the Judiciary of the Senate; and
``(III) the Committee on the Judiciary of the House of
Representatives.
``(ii) Covered electronic communication service provider.--
The term `covered electronic communication service provider'
means--
``(I) a service provider described in section 701(b)(4)(E);
or
``(II) a custodian of an entity as defined in section
701(b)(4)(F).
``(iii) Covered opinions.--The term `covered opinions'
means the opinions of the Foreign Intelligence Surveillance
Court and the Foreign Intelligence Surveillance Court of
Review authorized for public release on August 23, 2023
(Opinion and Order, In re Petition to Set Aside or Modify
Directive Issued to [REDACTED], No. [REDACTED], (FISA Ct.
[REDACTED] 2022) (Contreras J.); Opinion, In re Petition to
Set Aside or Modify Directive Issued to [REDACTED], No.
[REDACTED], (FISA Ct. Rev. [REDACTED] 2023) (Sentelle, J.;
Higginson, J.; Miller J.)).
``(B) Limitation.--A directive may not be issued under
paragraph (1) to a covered electronic communication service
provider unless the covered electronic communication service
provider is a provider of the type of service at issue in the
covered opinions.
``(C) Requirements for directives to covered electronic
communication service providers.--
``(i) In general.--Subject to clause (ii), any directive
issued under paragraph (1) on or after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2025 to a covered electronic communication service
provider that is not prohibited by subparagraph (B) of this
paragraph shall include a summary description of the services
at issue in the covered opinions.
``(ii) Duplicate summaries not required.--A directive need
not include a summary description of the services at issue in
the covered opinions if such summary was included in a prior
directive issued to the covered electronic communication
service provider and the summary has not materially changed.
``(D) Foreign intelligence surveillance court notification
and review.--
``(i) Notification.--
``(I) In general.--Subject to subclause (II), each time the
Attorney General and the Director of National Intelligence
issue a directive under paragraph (1) to a covered electronic
communication service provider that is not prohibited by
subparagraph (B) and each time the Attorney General and the
Director materially change a directive under paragraph (1)
issued to a covered electronic communication service provider
that is not prohibited by subparagraph (B), the Attorney
General and the Director shall provide the directive to the
Foreign Intelligence Surveillance Court on or before the date
that is 7 days after the date on which the Attorney General
and the Director issue the directive, along with a
description of the covered electronic communication service
provider to whom the directive is issued and the services at
issue.
``(II) Duplication not required.--The Attorney General and
the Director do not need to provide a directive or
description to the Foreign Intelligence Surveillance Court
under subclause (I) if a directive and description concerning
the covered electronic communication service provider was
previously provided to the Court and the directive or
description has not materially changed.
``(ii) Additional information.--As soon as feasible and not
later than the initiation of collection, the Attorney General
and the Director shall, for each directive described in
subparagraph (i), provide the Foreign Intelligence
Surveillance Court a description of the type of equipment to
be accessed, the nature of the access, and the form of
assistance required pursuant to the directive.
``(iii) Review.--
``(I) In general.--The Foreign Intelligence Surveillance
Act Court may review a directive received by the Court under
clause (i) to determine whether the directive is consistent
with subparagraph (B) and affirm, modify, or set aside the
directive.
``(II) Notice of intent to review.--Not later than 10 days
after the date on which the Court receives information under
clause (ii) with respect to a directive, the Court shall
provide notice to the Attorney General, the Director, and the
covered electronic communication service provider, indicating
whether the Court intends to undertake a review under
subclause (I) of this clause.
``(III) Completion of reviews.--In a case in which the
Court provides notice under subclause (II) indicating that
the Court intends to review a directive under subclause (I),
the Court shall, not later than 30 days after the date on
which the Court provides notice under subclause (II) with
respect to the directive, complete the review.
``(E) Congressional oversight.--
``(i) Notification.--
``(I) In general.--Subject to subclause (II), each time the
Attorney General and the Director of National Intelligence
issue a directive under paragraph (1) to a covered electronic
communication service provider that is not prohibited by
subparagraph (B) and each time the Attorney General and the
Director materially change a directive under paragraph (1)
issued to a covered electronic communication service provider
that is not prohibited by subparagraph (B), the Attorney
General and the Director shall submit to the appropriate
committees of Congress the directive on or before the date
that is 7 days after the date on which the Attorney General
and the Director issue the directive, along with description
of the covered electronic communication service provider to
whom the directive is issued and the services at issue.
``(II) Duplication not required.--The Attorney General and
the Director do not need to submit a directive or description
to the appropriate committees of Congress under subclause (I)
if a directive and description concerning the covered
electronic communication service provider was previously
submitted to the appropriate committees of
[[Page S4635]]
Congress and the directive or description has not materially
changed.
``(ii) Additional information.--As soon as feasible and not
later than the initiation of collection, the Attorney General
and the Director shall, for each directive described in
subparagraph (i), provide the appropriate committees of
Congress a description of the type of equipment to be
accessed, the nature of the access, and the form of
assistance required pursuant to the directive.
``(iii) Reporting.--
``(I) Quarterly reports.--Not later than 90 days after the
date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2025 and not less frequently than once each
quarter thereafter, the Attorney General and the Director
shall submit to the appropriate committees of Congress a
report on the number of directives issued, during the period
covered by the report, under paragraph (1) to a covered
electronic communication service provider and the number of
directives provided during the same period to the Foreign
Intelligence Surveillance Court under subparagraph (D)(i).
``(II) Form of reports.--Each report submitted pursuant to
subclause (I) shall be submitted in unclassified form, but
may include a classified annex.
``(III) Submittal of court opinions.--Not later than 45
days after the date on which the Foreign Intelligence
Surveillance Court or the Foreign Intelligence Surveillance
Court of Review issues an opinion relating to a directive
issued to a covered electronic communication service provider
under paragraph (1), the Attorney General shall submit to the
appropriate committees of Congress a copy of the opinion.''.
SEC. 1203. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD
RESPECT FOR ELECTIONS THROUGH INDEPENDENT
TESTING ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act of 2024'' or the
``SECURE IT Act of 2024''.
(b) Requiring Penetration Testing as Part of the Testing
and Certification of Voting Systems.--Section 231 of the Help
America Vote Act of 2002 (52 U.S.C. 20971) is amended by
adding at the end the following new subsection:
``(e) Required Penetration Testing.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Commission shall
provide for the conduct of penetration testing as part of the
testing, certification, decertification, and recertification
of voting system hardware and software by the Commission
based on accredited laboratories under this section.
``(2) Accreditation.--The Commission shall develop a
program for the acceptance of the results of penetration
testing on election systems. The penetration testing required
by this subsection shall be required for Commission
certification. The Commission shall vote on the selection of
any entity identified. The requirements for such selection
shall be based on consideration of an entity's competence to
conduct penetration testing under this subsection. The
Commission may consult with the National Institute of
Standards and Technology or any other appropriate Federal
agency on lab selection criteria and other aspects of this
program.''.
(c) Independent Security Testing and Coordinated
Cybersecurity Vulnerability Disclosure Program for Election
Systems.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by
adding at the end the following new part:
``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS
``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED
CYBERSECURITY VULNERABILITY DISCLOSURE PILOT
PROGRAM FOR ELECTION SYSTEMS.
``(a) In General.--
``(1) Establishment.--The Commission, in consultation with
the Secretary, shall establish an Independent Security
Testing and Coordinated Vulnerability Disclosure Pilot
Program for Election Systems (VDP-E) (in this section
referred to as the `program') to test for and disclose
cybersecurity vulnerabilities in election systems.
``(2) Duration.--The program shall be conducted for a
period of 5 years.
``(3) Requirements.--In carrying out the program, the
Commission, in consultation with the Secretary, shall--
``(A) establish a mechanism by which an election systems
vendor may make their election system (including voting
machines and source code) available to cybersecurity
researchers participating in the program;
``(B) provide for the vetting of cybersecurity researchers
prior to their participation in the program, including the
conduct of background checks;
``(C) establish terms of participation that--
``(i) describe the scope of testing permitted under the
program;
``(ii) require researchers to--
``(I) notify the vendor, the Commission, and the Secretary
of any cybersecurity vulnerability they identify with respect
to an election system; and
``(II) otherwise keep such vulnerability confidential for
180 days after such notification;
``(iii) require the good faith participation of all
participants in the program;
``(iv) require an election system vendor, within 180 days
after validating notification of a critical or high
vulnerability (as defined by the National Institute of
Standards and Technology) in an election system of the
vendor, to--
``(I) send a patch or propound some other fix or mitigation
for such vulnerability to the appropriate State and local
election officials, in consultation with the researcher who
discovered it; and
``(II) notify the Commission and the Secretary that such
patch has been sent to such officials;
``(D) in the case where a patch or fix to address a
vulnerability disclosed under subparagraph (C)(ii)(I) is
intended to be applied to a system certified by the
Commission, provide--
``(i) for the expedited review of such patch or fix within
90 days after receipt by the Commission; and
``(ii) if such review is not completed by the last day of
such 90-day period, that such patch or fix shall be deemed to
be certified by the Commission, subject to any subsequent
review of such determination by the Commission; and
``(E) 180 days after the disclosure of a vulnerability
under subparagraph (C)(ii)(I), notify the Director of the
Cybersecurity and Infrastructure Security Agency of the
vulnerability for inclusion in the database of Common
Vulnerabilities and Exposures.
``(4) Voluntary participation; safe harbor.--
``(A) Voluntary participation.--Participation in the
program shall be voluntary for election systems vendors and
researchers.
``(B) Safe harbor.--When conducting research under this
program, such research and subsequent publication shall be--
``(i) authorized in accordance with section 1030 of title
18, United States Code (commonly known as the `Computer Fraud
and Abuse Act'), (and similar State laws), and the election
system vendor will not initiate or support legal action
against the researcher for accidental, good faith violations
of the program; and
``(ii) exempt from the anti-circumvention rule of section
1201 of title 17, United States Code (commonly known as the
`Digital Millennium Copyright Act'), and the election system
vendor will not bring a claim against a researcher for
circumvention of technology controls.
``(C) Rule of construction.--Nothing in this paragraph may
be construed to limit or otherwise affect any exception to
the general prohibition against the circumvention of
technological measures under subparagraph (A) of section
1201(a)(1) of title 17, United States Code, including with
respect to any use that is excepted from that general
prohibition by the Librarian of Congress under subparagraphs
(B) through (D) of such section 1201(a)(1).
``(5) Definitions.--In this subsection:
``(A) Cybersecurity vulnerability.--The term `cybersecurity
vulnerability' means, with respect to an election system, any
security vulnerability that affects the election system.
``(B) Election infrastructure.--The term `election
infrastructure' means--
``(i) storage facilities, polling places, and centralized
vote tabulation locations used to support the administration
of elections for public office; and
``(ii) related information and communications technology,
including--
``(I) voter registration databases;
``(II) election management systems;
``(III) voting machines;
``(IV) electronic mail and other communications systems
(including electronic mail and other systems of vendors who
have entered into contracts with election agencies to support
the administration of elections, manage the election process,
and report and display election results); and
``(V) other systems used to manage the election process and
to report and display election results on behalf of an
election agency.
``(C) Election system.--The term `election system' means
any information system that is part of an election
infrastructure, including any related information and
communications technology described in subparagraph (B)(ii).
``(D) Election system vendor.--The term `election system
vendor' means any person providing, supporting, or
maintaining an election system on behalf of a State or local
election official.
``(E) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(F) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(G) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 102
of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
[[Page S4636]]
``PART 7--Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems
``Sec. 297. Independent security testing and coordinated cybersecurity
vulnerability disclosure program for election systems.''.
SEC. 1204. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
QUALIFICATIONS.
Section 1061(h)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(h)(2)) is amended by
striking ``and relevant experience'' and inserting ``or
experience in positions requiring a security clearance, and
relevant national security experience''.
SEC. 1205. PARITY IN PAY FOR STAFF OF THE PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD AND THE INTELLIGENCE
COMMUNITY.
Section 1061(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(j)(1)) is amended by
striking ``except that'' and all that follows through the
period at the end and inserting ``except that no rate of pay
fixed under this subsection may exceed the highest amount
paid by any element of the intelligence community for a
comparable position, based on salary information provided to
the chairman of the Board by the Director of National
Intelligence.''.
SEC. 1206. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.
(a) Briefing on Iranian Expenditures Supporting Foreign
Military and Terrorist Activities.--Section 6705(a)(1) of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (22
U.S.C. 9412(a)(1)) is amended by striking ``, and not less
frequently than once each year thereafter provide a briefing
to Congress,''.
(b) Reports and Briefings on National Security Effects of
Global Water Insecurity and Emerging Infectious Diseases and
Pandemics.--Section 6722(b) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3024 note;
division E of Public Law 116-92) is amended by--
(1) striking paragraph (2); and
(2) redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(c) Repeal of Report on Removal of Satellites and Related
Items From the United States Munitions List.--Section 1261(e)
of the National Defense Authorization Act for Fiscal Year
2013 (22 U.S.C. 2778 note; Public Law 112-239) is repealed.
(d) Briefing on Review of Intelligence Community Analytic
Production.--Section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)) is
amended by striking ``December 1'' and inserting ``February
1''.
(e) Repeal of Report on Oversight of Foreign Influence in
Academia.--Section 5713 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3369b) is repealed.
(f) Repeal of Briefing on Iranian Expenditures Supporting
Foreign Military and Terrorist Activities.--Section 6705 of
the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (22
U.S.C. 9412) is amended--
(1) by striking subsection (b);
(2) by striking the enumerator and heading for subsection
(a);
(3) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively, and moving such subsections, as so
redesignated, 2 ems to the left;
(4) in subsection (a), as so redesignated, by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively, and moving such paragraphs, as so redesignated,
2 ems to the left; and
(5) in paragraph (1), as so redesignated, by redesignating
clauses (i) through (v) as subparagraphs (A) through (E),
respectively, and moving such subparagraphs, as so
redesignated, 2 ems to the left.
(g) Repeal of Report on Foreign Investment Risks.--Section
6716 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3370a) is repealed.
(h) Repeal of Report on Intelligence Community Loan
Repayment Programs.--Section 6725(c) of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334g(c)) is
repealed.
(i) Repeal of Report on Data Collection on Attrition in
Intelligence Community.--Section 306(c) of the Intelligence
Authorization Act for Fiscal Year 2021 (50 U.S.C. 3334h(c))
is repealed.
SEC. 1207. TECHNICAL AMENDMENTS.
(a) Requirements Relating to Construction of Facilities to
Be Used Primarily by Intelligence Community.--Section 602(a)
of the Intelligence Authorization Act for Fiscal Year 1995
(50 U.S.C. 3304(a)) is amended--
(1) in paragraph (1), by striking ``$6,000,000'' and
inserting ``$9,000,000''; and
(2) in paragraph (2)--
(A) by striking ``$2,000,000'' each place it appears and
inserting ``$4,000,000''; and
(B) by striking ``$6,000,000'' and inserting
``$9,000,000''.
(b) Copyright Protection for Civilian Faculty of Certain
Accredited Institutions.--Section 105 of title 17, United
States Code, is amended to read as follows:
``Sec. 105. Subject matter of copyright: United States
Government works
``(a) In General.--Copyright protection under this title is
not available for any work of the United States Government,
but the United States Government is not precluded from
receiving and holding copyrights transferred to it by
assignment, bequest, or otherwise.
``(b) Copyright Protection of Certain Works.--Subject to
subsection (c), the covered author of a covered work owns the
copyright to that covered work.
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in
subparagraphs (A) through (K) of subsection (d)(2), the
Secretary of Defense may direct the covered author to provide
the Federal Government with an irrevocable, royalty-free,
worldwide, nonexclusive license to reproduce, distribute,
perform, or display such covered work for purposes of the
United States Government.
``(2) Secretary of homeland security authority.--With
respect to a covered author who produces a covered work in
the course of employment at the covered institution described
in subsection (d)(2)(L), the Secretary of Homeland Security
may direct the covered author to provide the Federal
Government with an irrevocable, royalty-free, worldwide,
nonexclusive license to reproduce, distribute, perform, or
display such covered work for purposes of the United States
Government.
``(3) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in
the course of employment at the covered institution described
in subsection (d)(2)(M), the Director of National
Intelligence may direct the covered author to provide the
Federal Government with an irrevocable, royalty-free,
worldwide, nonexclusive license to reproduce, distribute,
perform, or display such covered work for purposes of the
United States Government.
``(4) Secretary of transportation authority.--With respect
to a covered author who produces a covered work in the course
of employment at the covered institution described in
subsection (d)(2)(N), the Secretary of Transportation may
direct the covered author to provide the Federal Government
with an irrevocable, royalty-free, worldwide, nonexclusive
license to reproduce, distribute, perform, or display such
covered work for purposes of the United States Government.
``(d) Definitions.--In this section:
``(1) Covered author.--The term `covered author' means a
civilian member of the faculty of a covered institution.
``(2) Covered institution.--The term `covered institution'
means the following:
``(A) National Defense University.
``(B) United States Military Academy.
``(C) Army War College.
``(D) United States Army Command and General Staff College.
``(E) United States Naval Academy.
``(F) Naval War College.
``(G) Naval Postgraduate School.
``(H) Marine Corps University.
``(I) United States Air Force Academy.
``(J) Air University.
``(K) Defense Language Institute.
``(L) United States Coast Guard Academy.
``(M) National Intelligence University.
``(N) United States Merchant Marine Academy.
``(3) Covered work.--The term `covered work' means a
literary work produced by a covered author in the course of
employment at a covered institution for publication by a
scholarly press or journal.''.
______
SA 2275. Ms. KLOBUCHAR (for herself and Mrs. Fischer) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1067. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
IMPLEMENTATION OF UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT AND IMPROVING
ACCESS TO VOTER REGISTRATION INFORMATION AND
ASSISTANCE FOR ABSENT UNIFORMED SERVICES
VOTERS.
(a) Short Title.--This section may be cited as the
``Supporting Military Voters Act''.
(b) In General.--The Comptroller General of the United
States shall conduct--
(1) an analysis of the effectiveness of the Federal
Government in carrying out its responsibilities under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.) to promote access to voting for absent
uniformed services voters; and
(2) a study on means for improving access to voter
registration information and assistance for members of the
Armed Forces and their family members.
(c) Elements.--
(1) Analysis.--The analysis required by subsection (b)(1)
shall include analysis of the following:
[[Page S4637]]
(A) Data and information pertaining to the transmission of
ballots to absent unformed services voters.
(B) Data and information pertaining to the methods of
transmission of voted ballots from absent uniformed services
voters, including the efficacy and security of such methods.
(C) Data and information pertaining to the treatment by
election officials of voted ballots transmitted by absent
uniformed services voters, including--
(i) the rate at which such ballots are counted in
elections;
(ii) the rate at which such ballots are rejected in
elections; and
(iii) the reasons for such rejections.
(D) An analysis of the effectiveness of the assistance
provided to absent uniformed services voters by Voting
Assistance Officers of the Federal Voting Assistance Program
of the Department of Defense.
(E) A review of the extent of coordination between Voting
Assistance Officers and State and local election officials.
(F) Information regarding such other issues relating to the
ability of absent uniformed services voters to register to
vote, vote, and have their ballots counted in elections for
Federal office.
(G) Data and information pertaining to--
(i) the awareness of members of the Armed Forces and their
family members of the requirement under section 1566a of
title 10, United States Code, that the Secretaries of the
military departments provide voter registration information
and assistance; and
(ii) whether members of the Armed Forces and their family
members received such information and assistance at the times
required by subsection (c) of that section.
(2) Study.--The study required by subsection (b)(2) shall
include the following:
(A) An assessment of potential actions to be undertaken by
the Secretary of each military department to increase access
to voter registration information and assistance for members
of the Armed Forces and their family members.
(B) An estimate of the costs and requirements to fully meet
the needs of members of the Armed Forces for access to voter
registration information and assistance.
(d) Methods.--In conducting the analysis and study required
by subsection (b), the Comptroller General shall, in
cooperation and consultation with the Secretaries of the
military departments--
(1) use existing information from available government and
other public sources; and
(2) acquire, through the Comptroller General's own
investigations, interviews, and analysis, such other
information as the Comptroller General requires to conduct
the analysis and study.
(e) Report Required.--Not later than September 30, 2026,
the Comptroller General shall submit to the Committee on
Rules and Administration of the Senate and the Committee on
House Administration of the House of Representatives a report
on the analysis and study required by subsection (b).
(f) Definitions.--In this section:
(1) Absent uniformed services voter.--The term ``absent
uniformed services voter'' has the meaning given that term in
section 107 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20310).
(2) Family member.--The term ``family member'', with
respect to a member of the Armed Forces, means a spouse and
other dependent (as defined in section 1072 of title 10,
United States Code) of the member.
______
SA 2276. Mr. CRAPO (for himself, Mr. Wyden, Mr. Risch, and Mr.
Merkley) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000.
(a) Secure Payments for States and Counties Containing
Federal Land.--
(1) Secure payments.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended, in subsections (a) and (b), by
striking ``2023'' each place it appears and inserting
``2026''.
(2) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended
by striking ``2023'' and inserting ``2026''.
(b) Extension of Authority To Conduct Special Projects on
Federal Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December
20, 2023'' each place it appears and inserting ``December 20,
2026''.
(2) Extension of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2025'' and inserting
``2028''; and
(B) in subsection (b), by striking ``2026'' and inserting
``2029''.
(c) Extension of Authority To Expend County Funds.--Section
305 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2025'' and inserting
``2028''; and
(2) in subsection (b), by striking ``2026'' and inserting
``2029''.
(d) Resource Advisory Committee Pilot Program Extension.--
Section 205 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125) is amended by
striking subsection (g) and inserting the following:
``(g) Pilot Program for Resource Advisory Committee
Appointments by Regional Foresters.--
``(1) In general.--The Secretary concerned shall establish
and carry out a pilot program under which the Secretary
concerned shall allow the regional forester with jurisdiction
over a unit of Federal land to appoint members of the
resource advisory committee for that unit, in accordance with
the applicable requirements of this section.
``(2) Responsibilities of regional forester.--Before
appointing a member of a resource advisory committee under
the pilot program under this subsection, a regional forester
shall conduct the review and analysis that would otherwise be
conducted for an appointment to a resource advisory committee
if the pilot program was not in effect, including any review
and analysis with respect to civil rights and budgetary
requirements.
``(3) Savings clause.--Nothing in this subsection relieves
a regional forester or the Secretary concerned from an
obligation to comply with any requirement relating to an
appointment to a resource advisory committee, including any
requirement with respect to civil rights or advertising a
vacancy.
``(4) Termination of effectiveness.--The authority provided
under this subsection terminates on October 1, 2028.''.
______
SA 2277. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 1291. SENSE OF CONGRESS WITH RESPECT TO DECLARATIONS OF
WAR.
It is the sense of Congress that Article 5 of the North
Atlantic Treaty, done at Washington, DC, April 4, 1949, does
not supersede the constitutional requirement that Congress
declare war before the United States engages in war.
______
SA 2278. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. REPORT AND STRATEGY FOR UNITED STATES INVOLVEMENT
IN UKRAINE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President, in coordination
with the Secretary of Defense and the Secretary of State,
shall develop and submit to the appropriate committees of
Congress a report that contains a strategy for United States
involvement in Ukraine.
(b) Elements.--The report required by subsection (a)
shall--
(1) define the United States national interests at stake
with respect to the conflict between the Russian Federation
and Ukraine;
(2) identify specific objectives the President believes
must be achieved in Ukraine in order to protect the United
States national interests defined in paragraph (1), and for
each objective--
(A) an estimate of the amount of time required to achieve
the objective, with an explanation;
(B) benchmarks to be used by the President to determine
whether an objective has been met, is in the progress of
being met, or cannot be met in the time estimated to be
required in subparagraph (A); and
(C) estimates of the amount of resources, including United
States personnel, materiel, and funding, required to achieve
the objective; and
(3) list the expected contribution for security assistance
made by European member countries of the North Atlantic
Treaty Organization within the next fiscal year.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
[[Page S4638]]
(d) Briefing.--Not later than 45 days after the date of the
submission of the report required by subsection (a), the
Secretary of Defense and the Secretary of State shall provide
to the appropriate committees of Congress, and other Members
of Congress that wish to participate, a briefing on the
United States strategy with respect to Ukraine and plans for
the implementation of such strategy.
(e) Limitation on Funds.--None of the amounts authorized to
be appropriated or otherwise made available by this Act, the
National Defense Authorization Act for Fiscal Year 2024
(Public Law 188-31), or the Ukraine Security Supplemental
Appropriations Act, 2024 (division B of Public Law 118-25)
may be made available for Ukraine until the report required
by subsection (a) is submitted to the appropriate committees
Congress and the briefing required by subsection (d) is held.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
______
SA 2279. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. FUNDING PROHIBITION.
Section 1811 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) is amended by adding at
the end the following:
``(c) Academy of Military Medical Sciences.--No Federal
funds may be appropriated or otherwise made available to--
``(1) the Academy of Military Medical Sciences of the
People's Liberation Army; or
``(2) any research institute controlled by, or affiliated
with, such Academy, including the Beijing Institute of
Microbiology and Epidemiology.''.
______
SA 2280. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EMPLOYEE PROHIBITIONS.
(a) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
means information relating to--
(A) a phone call;
(B) any type of digital communication, including a post on
a covered platform, an e-mail, a text, and a direct message;
(C) a photo;
(D) shopping and commerce history;
(E) location data, including a driving route and ride
hailing information;
(F) an IP address;
(G) metadata;
(H) search history;
(I) the name, age, or demographic information of a user of
a covered platform; and
(J) a calendar item.
(2) Covered platform.--The term ``covered platform''
means--
(A) an interactive computer service, as that term is
defined in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)); and
(B) any platform through which a media organization
disseminates information, without regard to whether the
organization disseminates that information--
(i) through broadcast or print;
(ii) online; or
(iii) through any other channel.
(3) Employee.--
(A) In general.--The term ``employee''--
(i) means an employee of an Executive agency; and
(ii) includes--
(I) an individual, other than an employee of an Executive
agency, working under a contract with an Executive agency;
and
(II) the President and the Vice President.
(B) Rule of construction.--With respect to an individual
described in subparagraph (A)(ii)(I), solely for the purposes
of this section, the Executive agency that has entered into
the contract under which the employee is working shall be
construed to be the Executive agency employing the employee.
(4) Executive agency.--The term ``Executive agency''--
(A) has the meaning given the term in section 105 of title
5, United States Code; and
(B) includes the Executive Office of the President.
(5) Provider.--The term ``provider'' means a provider of a
covered platform.
(b) Prohibitions.--
(1) In general.--An employee acting under official
authority or influence may not--
(A) use any form of communication (without regard to
whether the communication is visible to members of the
public) to direct, coerce, compel, or encourage a provider to
take, suggest or imply that a provider should take, or
request that a provider take any action to censor speech that
is protected by the Constitution of the United States,
including by--
(i) removing that speech from the applicable covered
platform;
(ii) suppressing that speech on the applicable covered
platform;
(iii) removing or suspending a particular user (or a class
of users) from the applicable covered platform or otherwise
limiting the access of a particular user (or a class of
users) to the covered platform;
(iv) labeling that speech as disinformation,
misinformation, or false, or by making any similar
characterization with respect to the speech; or
(v) otherwise blocking, banning, deleting, deprioritizing,
demonetizing, deboosting, limiting the reach of, or
restricting access to the speech;
(B) direct or encourage a provider to share with an
Executive agency covered information containing data or
information regarding a particular topic, or a user or group
of users on the applicable covered platform, including any
covered information shared or stored by users on the covered
platform;
(C) work, directly or indirectly, with any private or
public entity or person to take an action that is prohibited
under subparagraph (A) or (B); or
(D) on behalf of the Executive agency employing the
employee--
(i) enter into a partnership with a provider to monitor any
content disseminated on the applicable covered platform; or
(ii) solicit, accept, or enter into a contract or other
agreement (including a no-cost agreement) for free
advertising or another promotion on a covered platform.
(2) Exception.--Notwithstanding subparagraph (B) of
paragraph (1), the prohibition under that subparagraph shall
not apply with respect to an action by an Executive agency or
employee pursuant to a warrant that is issued by--
(A) a court of the United States of competent jurisdiction
in accordance with the procedures described in rule 41 of the
Federal Rules of Criminal Procedure; or
(B) a State court of competent jurisdiction.
(c) Private Right of Action.--
(1) In general.--A person, the account, content, speech, or
other information of which has been affected in violation of
this section, including any State government, may bring a
civil action in the United States District Court for the
District of Columbia for reasonable attorneys' fees,
injunctive relief, and actual damages against--
(A) the applicable Executive agency; and
(B) the employee of the applicable Executive agency who
committed the violation.
(2) Presumption of liability.--In a civil action brought
under paragraph (1), there shall be a rebuttable presumption
against the applicable Executive agency or employee if the
person bringing the action demonstrates that the applicable
employee communicated with a provider on a matter relating
to--
(A) covered information with respect to that person; or
(B) a statement made by that person on the applicable
covered platform.
(3) Applicability.--A person described in paragraph (1) may
bring a civil action under this subsection with respect to
any violation of this section committed before, on, or after
the date of enactment of this Act.
______
SA 2281. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PROHIBITION ON THE INDEFINITE DETENTION OF PERSONS
BY THE UNITED STATES.
(a) Limitation on Detention.--Section 4001 of title 18,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) No person shall be imprisoned or otherwise detained
by the United States except consistent with the
Constitution.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b)(1) A general authorization to use military force, a
declaration of war, or any similar authority, on its own,
shall not be construed to authorize the imprisonment or
detention without charge or trial of a person apprehended in
the United States.
``(2) Paragraph (1) applies to an authorization to use
military force, a declaration of
[[Page S4639]]
war, or any similar authority enacted before, on, or after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2025.
``(3) This section shall not be construed to authorize the
imprisonment or detention of any person who is apprehended in
the United States.''.
(b) Repeal of Authority of the Armed Forces of the United
States To Detain Covered Persons Pursuant to the
Authorization for Use of Military Force.--Section 1021 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 10 U.S.C. 801 note) is repealed.
______
SA 2282. Mrs. FISCHER (for herself and Ms. Klobuchar) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. TREATMENT OF PAYMENTS FROM THE RAILROAD
UNEMPLOYMENT INSURANCE ACCOUNT.
(a) Amendments.--Section 235 of the Continued Assistance to
Rail Workers Act of 2020 (subchapter III of title II of
division N of Public Law 116-260; 2 U.S.C. 906 note) is
amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (2); and
(B) by striking ``subsection (a)--'' and inserting
``subsection (a) shall take effect 7 days after the date of
enactment of the Continued Assistance to Rail Workers Act of
2020.''; and
(2) by striking subsection (c).
(b) Applicability.--The amendments made by subsection (a)
shall apply as if enacted on the day before the date on which
the national emergency concerning the novel coronavirus
disease (COVID-19) outbreak declared by the President on
March 13, 2020, under the National Emergencies Act (50 U.S.C.
1601 et seq.) terminates.
______
SA 2283. Mrs. FISCHER (for herself and Mr. Padilla) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. MODIFICATION OF RULES FOR APPROVAL OF COMMERCIAL
DRIVER EDUCATION PROGRAMS FOR PURPOSES OF
EDUCATIONAL ASSISTANCE PROGRAMS OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3680A(e) of title 38, United
States Code, is amended--
(1) by redesignating paragraphs (1) through (3) as
subparagraphs (A) though (C), respectively;
(2) in the matter before subparagraph (A), as redesignated
by paragraph (1), by inserting ``(1)'' before ``The
Secretary'';
(3) in paragraph (1)(B), as redesignated by paragraph (1),
by inserting ``except as provided in paragraph (2),'' before
``the course''; and
(4) by adding at the end the following new paragraph (2):
``(2)(A) Subject to this paragraph, a commercial driver
education program is exempt from paragraph (1)(B) for a
branch of an educational institution if the commercial driver
education program offered at the branch by the educational
institution--
``(i) is appropriately licensed; and
``(ii)(I) the branch is located in a State in which the
same commercial driver education program is offered by the
same educational institution at another branch of that
educational institution in the same State that is approved
for purposes of this chapter by a State approving agency or
the Secretary when acting in the role of a State approving
agency; or
``(II)(aa) the branch is located in a State in which the
same commercial driver education program is not offered at
another branch of the same educational institution in the
same State; and
``(bb) the branch has been operating for a period of at
least one year using the same curriculum as a commercial
driver education program offered by the educational
institution at another location that is approved for purposes
of this chapter by a State approving agency or the Secretary
when acting in the role of a State approving agency.
``(B)(i) In order for a commercial driver education program
of an educational institution offered at a branch described
in paragraph (1)(B) to be exempt under subparagraph (A) of
this paragraph, the educational institution shall submit to
the Secretary each year that paragraph (1)(B) would otherwise
apply a report that demonstrates that the curriculum at the
new branch is the same as the curriculum at the primary
location.
``(ii) Reporting under clause (i) shall be submitted in
accordance with such requirements as the Secretary shall
establish in consultation with the State approving agencies.
``(C)(i) The Secretary may withhold an exemption under
subparagraph (A) for any educational institution or branch of
an educational institution as the Secretary considers
appropriate.
``(ii) In making any determination under clause (i), the
Secretary may consult with the Secretary of Transportation on
the performance of a provider of a commercial driver program,
including the status of the provider within the Training
Provider Registry of the Federal Motor Carrier Safety
Administration when appropriate.
``(D) The Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a
notification not later than 30 days after the Secretary
grants an exemption under this paragraph. Such notification
shall identify the educational institution and branch of such
educational institution granted such exemption.''.
(b) Implementation.--
(1) Establishment of requirements.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish requirements under section
3680A(e)(2)(B)(ii) of such title, as added by subsection (a).
(2) Rulemaking.--In promulgating any rules to carry out
paragraph (2) of section 3680A(e) of title 38, United States
Code, as added by subsection (a), the Secretary of Veterans
Affairs shall consult with State approving agencies.
(3) Applicability.--The amendments made by subsection (a)
shall apply to commercial driver education programs on and
after the day that is 365 days after the date on which the
Secretary establishes the requirements under paragraph (1) of
this subsection.
(c) Comptroller General of the United States Study.--Not
later than 365 days after the date of the enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct a study to--
(A) ascertain the effects of the amendments made by
subsection (a); and
(B) the feasibility and advisability of similarly amending
the rules for approval of programs of education for other
vocational programs of education; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the findings of the Comptroller
General with respect to such study.
______
SA 2284. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Migrant Child Recovery Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Migrant Child Recovery
Act''.
SEC. 1097. RETENTION AND DISCLOSURE OF INFORMATION RELATING
TO UNACCOMPANIED ALIEN CHILDREN.
(a) Retention and Handling of Information.--
(1) In general.--The Secretary of Health and Human Services
and the Director of the Office of Refugee Resettlement shall
manage and preserve information relating to unaccompanied
alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))),
including information about any sponsor applicants, in
accordance with section 534 of title 28, United States Code,
subject to any recommendation from the Archivist of the
United States.
(2) Appointment.--The Secretary of Health and Human
Services and the Director of the Office of Refugee
Resettlement may appoint officials to manage and preserve
information relating to unaccompanied alien children.
(b) Disclosure of Information.--The Secretary of Health and
Human Services shall provide information relating to an
unaccompanied alien child preserved pursuant to subsection
(a), including electronic access to all databases housing
such information, not later than 7 days after the date on
which the Secretary receives a request for such information,
if that request is accompanied by--
(1) a certification, which may be in an electronic format,
that the individual submitting the request is an employee of
a local, Tribal, State, or Federal law enforcement agency;
(2) a certification, which may be in an electronic format,
that the information requested is relevant to a criminal
investigation involving the unaccompanied alien child for a
crime related to--
(A) physical abuse;
(B) sexual abuse;
(C) human trafficking;
(D) sex trafficking;
(E) peonage;
(F) forced labor;
(G) domestic servitude; or
(H) involuntary servitude; and
[[Page S4640]]
(3) a certification, which may be in an electronic format,
that the information requested will not be used for the
purpose of immigration enforcement or removal or deportation
proceedings involving the unaccompanied alien child victim or
a sponsor of the unaccompanied alien child victim.
(c) Disclosure by Law Enforcement.--An employee of a law
enforcement agency who receives information under subsection
(b) may not disclose that information, except--
(1) to an attorney for the government for use in the
performance of the official duties of that attorney,
including providing discovery to a defendant;
(2) to an officer or employee of a law enforcement agency,
as necessary to perform investigative or recordkeeping
duties;
(3) to any other such government personnel determined to be
necessary by an attorney for the government to assist the
attorney in the performance of the official duties of the
attorney in prosecuting a violation of local, Tribal, State,
or Federal criminal law;
(4) to a defendant in a criminal case or the attorney for
such a defendant, to the extent the information relates to a
criminal charge pending against the defendant;
(5) to a provider of electronic communication services or
remote computing services as necessary to facilitate a
response to legal process issued in connection with a
criminal investigation, prosecution, or post-conviction
proceeding; or
(6) pursuant to a court order for disclosure upon a showing
of good cause and subject to any protective order or other
condition the court may impose.
(d) Rule of Construction.--Nothing in subsection (c) shall
preclude another local, Tribal, State, or Federal law
enforcement agency from seeking continued preservation of the
information through any other court process.
SEC. 1098. CLARIFICATION AND ENSURING RESOURCES TO CHILDREN
RELEASED FROM THE OFFICE OF REFUGEE
RESETTLEMENT CUSTODY.
Section 235(c)(3)(B) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1232(c)(3)(B)) is amended, in the second section, by--
(1) striking ``physical or sexual abuse'' and inserting
``physical abuse''; and
(2) inserting ``a child who has been a victim of sexual
abuse,'' after ``significantly harmed or threatened,''.
SEC. 1099. COMPTROLLER GENERAL REPORT.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report that--
(1) describes--
(A) the recordkeeping practices of the Office of Refugee
Resettlement with respect to unaccompanied alien children;
(B) the processes of the Office of Refugee Resettlement for
sharing information with law enforcement; and
(C) any shortcomings of the UC Portal, or any related or
subsequent database used by the Office of Refugee
Resettlement, or by a contractor or grantee of the Office of
Refugee Resettlement, for the purposes of maintaining
information on unaccompanied alien children; and
(2) provides recommendations and a timeline for
improvements to the recordkeeping systems of the Office of
Refugee Resettlement to mitigate safety risks to
unaccompanied alien children.
(b) Appropriate Committees of Congress Defined.--In this
section, the term the ``appropriate committees of Congress''
means--
(1) the Committee on the Judiciary and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
(2) the Committee on the Judiciary and the Committee on
Energy and Commerce of the House of Representatives.
______
SA 2285. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ESTABLISHMENT OF TASK FORCE TO RECOVER MISSING OR
EXPLOITED UNACCOMPANIED ALIEN CHILDREN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on the Judiciary and the Committee on
Health, Education, Labor and Pensions of the Senate; and
(B) the Committee on the Judiciary and the Committee of
Energy and Commerce of the House of Representatives.
(2) Unaccompanied alien children.--The term ``unaccompanied
alien children'' has the meaning given such term in section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279).
(b) Task Force.--
(1) Establishment.--There is established within the
Department of Justice, under the general authority of the
Attorney General, a Recovery of unaccompanied alien children
Task Force Program (referred to in this section as the ``RUAC
Task Force Program''), which shall coordinate Federal law
enforcement activities relating to the following:
(A) The recovery of missing or exploited unaccompanied
alien children.
(B) The following crimes against unaccompanied alien
children:
(i) Physical abuse.
(ii) Sexual abuse.
(iii) Kidnapping;
(iv) Human trafficking.
(v) Sex trafficking.
(vi) Peonage.
(vii) Forced labor.
(viii) Domestic servitude.
(ix) Involuntary servitude.
(2) Mission.--
(A) In general.--The primary purpose of the RUAC Task Force
Program shall be to investigate and recover unaccompanied
alien children, whose whereabouts are missing or unknown.
(B) Relationship to immigration enforcement.--The RUAC Task
Force Program is not an immigration enforcement task force.
(3) Duties.--The duties of the RUAC Task Force Program
shall include the following:
(A) Coordinating Federal law enforcement activities
relating to the recovery of missing or exploited
unaccompanied alien children.
(B) Establishing relationships with State, local, and
Tribal law enforcement agencies and organizations and sharing
information regarding missing or exploited unaccompanied
alien children with such agencies and organizations.
(C) Assisting State and local law enforcement agencies with
the investigation of crimes against unaccompanied alien
children.
(D) Establishing a secure system for sharing information
regarding unaccompanied alien children by leveraging existing
systems at the Department of Homeland Security, the
Department of Health and Human Services, the Department of
Labor, and the Department of Justice.
(E) Tracking trends with respect to the trafficking of
unaccompanied alien children and releasing public reports on
such trends.
(F) Supporting the provision of training and technical
assistance necessary to carry out paragraph (1).
(4) Composition.--
(A) Federal staff.--The RUAC Task Force Program shall
include detailed criminal investigators, analysts, and
liaisons from other Federal agencies who have
responsibilities related to the placement and rescue of
unaccompanied alien children, including detailees from--
(i) the Criminal Division of the Department of Justice;
(ii) Homeland Security Investigations;
(iii) the Office of Refugee Resettlement; and
(iv) the Department of Labor.
(B) State and local staff.--The RUAC Task Force Program may
include detailees from State and local law enforcement
agencies, who shall serve on the RUAC Task Force Program on a
nonreimbursable basis.
(5) Director.--
(A) Appointment.--The RUAC Task Force Program shall be
headed by a Director, who shall be appointed by the Attorney
General.
(B) Qualifications.--An individual appointed under
subparagraph (A) shall--
(i) have substantial experience as a Federal law
enforcement officer; and
(ii) be in a Senior Executive Service position (as defined
in section 3132 of title 5, United States Code).
(C) Term.--The Director shall be appointed for a term of 2
years, renewable at the discretion of the Attorney General.
(6) Deputy director.--The Director of the RUAC Task Force
Program shall be assisted by a Deputy Director, who shall be
appointed by the Attorney General for a term of 2 years,
renewable at the discretion of the Attorney General.
(7) Coordination.--The RUAC Task Force Program shall
coordinate activities, as appropriate, with other Federal
agencies and centers responsible for countering transnational
organized crime, child exploitation, and human trafficking.
(8) Agreements.--The Director, or a designee, may enter
into agreements with Federal, State, local, and Tribal
agencies and private sector entities to facilitate carrying
out the duties described in paragraph (3).
(9) Meetings.--
(A) Initial meeting.--Not later than 60 days after the date
of enactment of this Act, the RUAC Task Force Program shall
hold an initial meeting.
(B) Subsequent meetings.--After the initial meeting under
subparagraph (A), the RUAC Task Force Program shall meet not
less frequently than once every 30 days.
(10) Reports.--
(A) Initial report.--Not later than 1 year after the date
on which the RUAC Task Force Program is established under
paragraph (1), the RUAC Task Force Program shall submit to
the appropriate congressional committees an initial report on
the composition, activities, and planned activities of the
RUAC Task Force Program.
(B) Periodic updates.--Not later than 180 days after the
date on which the RUAC Task Force Program is established
under paragraph (1), and every 180 days thereafter, the RUAC
Task Force Program shall provide to the appropriate
congressional committees updates on activities, planned
activities, recovery of unaccompanied alien children, and
prosecution efforts.
[[Page S4641]]
(c) Sunset.--This section shall remain in effect until the
end of the fiscal year that begins 10 years after the date of
the enactment of this Act.
______
SA 2286. Mr. GRASSLEY (for himself and Mr. Ossoff) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. HOMICIDE OFFENSES.
(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''.
______
SA 2287. Mr. CARDIN (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. GRANT OF FEDERAL CHARTER TO VETERANS ASSOCIATION
OF REAL ESTATE PROFESSIONALS.
(a) Grant of Charter.--Part B of subtitle II of title 36,
United States Code, is amended by inserting after chapter
2207 the following new chapter:
``CHAPTER 2299--VETERANS ASSOCIATION OF REAL ESTATE PROFESSIONALS
``Sec.
``229901. Organization.
``229902. Purposes.
``229903. Membership.
``229904. Governing body.
``229905. Powers.
``229906. Restrictions.
``229907. Tax-exempt status required as condition of charter.
``229908. Records and inspection.
``229909. Service of process.
``229910. Liability for acts of officers and agents.
``229911. Annual report.
``229912. State defined.
``Sec. 229901. Organization
``(a) Federal Charter.--The Veterans Association of Real
Estate Professionals (in this chapter referred to as the
`corporation'), a nonprofit organization that meets the
requirements for a veterans service organization under
section 501(c)(19) of the Internal Revenue Code of 1986 and
is organized under the laws of the State of California, is a
federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not
comply with the provisions of this chapter, the charter
granted by this chapter expires.
``Sec. 229902. Purposes
``The purposes of the corporation are those provided in its
articles of incorporation and include the following:
``(1) To organize as a veterans service organization to
maintain a continuing interest in the welfare of veterans
by--
``(A) advocating for and increasing sustainable
homeownership;
``(B) providing financial literacy education,
``(C) spreading awareness of housing loans guaranteed by
the Secretary of Veterans Affairs; and
``(D) increasing economic opportunities for members of the
Armed Forces and veterans.
``(2) To establish facilities for the assistance of all
veterans, with programs regarding topics including the
following:
``(A) financial literacy (including understanding credit);
``(B) workforce development;
``(C) small business incubation and mentorship;
``(D) education regarding housing, including homelessness
prevention, rental counseling, foreclosure prevention, and
affordable housing opportunities; and
``(E) suicide awareness and prevention.
``(3) To provide a forum for real estate and financial
service professionals to share ideas, learn, and be empowered
to better serve the real estate needs of members of the Armed
Forces, veterans, their families, and others.
``(4) To collaborate with organizations in the real estate
and financial services sector to support employment of, and
economic and business development for, veterans.
``Sec. 229903. Membership
``Eligibility for membership in the corporation, and the
rights and privileges of members of the corporation, are as
provided in the articles and bylaws of the corporation.
``Sec. 229904. Governing body
``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the
board, are as provided in the articles of incorporation and
bylaws of the corporation.
``(b) Officers.--The positions of officers of the
corporation, and the election of the officers, are as
provided in such articles of incorporation and bylaws.
``Sec. 229905. Powers
``The corporation has only those powers provided in its
bylaws and articles of incorporation filed in the State in
which it is incorporated.
``Sec. 229906. Restrictions
``(a) Stock and Dividends.--The corporation may not issue
stock or declare or pay a dividend.
``(b) Distribution of Income or Assets.--The income or
assets of the corporation may not inure to the benefit of, or
be distributed to, a director, officer, or member of the
corporation during the life of the charter granted by this
chapter. This subsection shall not prevent the payment of
reasonable compensation to an officer or employee of the
corporation, or reimbursement for actual necessary expenses,
in amounts approved by the board of directors of the
corporation.
``(c) Political Activities.--The corporation (or an officer
of the corporation, in the course of acting in such capacity)
may not contribute to, support, or participate in any
political activity.
``(d) Loans.--The corporation may not make a loan to a
director, officer, employee, or member of the corporation.
``(e) Claim of Governmental Approval or Authority.--The
corporation may not claim congressional approval, or the
authority of the United States, for any of its activities.
``(f) Corporate Status.--The corporation shall maintain its
status as a corporation incorporated under the laws of the
State of California.
``Sec. 229907. Tax-exempt status required as condition of
charter
``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue
Code of 1986, the charter granted by this chapter shall
terminate.
``Sec. 229908. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of the members, board of
directors, and committees of the corporation having any of
the authority of the board of directors;
``(3) at the principal office of the corporation, a record
of the names and addresses of members of the corporation
entitled to vote on matters relating to the corporation; and
``(4) the State charter documents, bylaws, and articles of
incorporation available to the public on an easily accessible
website of the corporation.
``(b) Inspection.--A member entitled to vote on any matter
relating to the corporation, or an agent or attorney of the
member, may inspect the records of the corporation for any
proper purpose, at any reasonable time.
``Sec. 229909. Service of process
``The corporation shall comply with the law of service of
process of the State in which it is incorporated and each
State in which it operates.
``Sec. 229910. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers
and agents acting within the scope of their authority.
``Sec. 229911. Annual report
``The corporation shall submit to Congress an annual report
on the activities of the corporation during the preceding
fiscal year.
[[Page S4642]]
The report shall be submitted at the same time as the report
of the audit required by section 10101 of this title. The
report may not be printed as a public document.
``Sec. 229912. State defined
``For purposes of this chapter, the term `State' means each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or possession of
the United States.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of title 36, United States Code, is amended by
inserting after the item relating to chapter 2207 the
following new item:
``2299. Veterans Association of Real Estate Professionals229901''.....
______
SA 2288. Mr. CARDIN (for himself, Mr. Van Hollen, and Mr. Kaine)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2857. MOVEMENT OR CONSOLIDATION OF JOINT SPECTRUM CENTER
TO FORT MEADE, MARYLAND OR ANOTHER APPROPRIATE
LOCATION.
(a) Leaving Current Location.--By not later than September
30, 2027, the Secretary of Defense shall completely vacate
the offices of the Joint Spectrum Center of the Department of
Defense in Annapolis, Maryland.
(b) Movement or Consolidation.--The Secretary of Defense
shall take appropriate action to move, consolidate, or both,
the offices of the Joint Spectrum Center to the headquarters
building of the Defense Information Systems Agency at Fort
Meade, Maryland, or another appropriate location chosen by
the Secretary for national security purposes to ensure the
physical and cybersecurity protection of personnel and
missions of the Department of Defense.
(c) Status Update.--Not later than January 31 and July 31
of each year until the Secretary has completed the
requirements under subsections (a) and (b), the Commander of
the Defense Information Systems Agency shall provide an in-
person and written update on the status of the completion of
those requirements to the Committees on Armed Services of the
Senate and the House of Representatives and the congressional
delegation of Maryland.
(d) Termination of Existing Lease.--Upon vacating the
offices of the Joint Spectrum Center in Annapolis, Maryland,
pursuant to subsection (a), all right, title, and interest of
the United States in and to the existing lease for the Joint
Spectrum Center in such location shall be terminated.
(e) Repeal of Obsolete Authority.--Section 2887 of the
Military Construction Authorization Act for Fiscal Year 2008
(division B of Public Law 110-181; 122 Stat. 569) is
repealed.
______
SA 2289. Mr. WYDEN (for himself and Mr. Merkley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Malheur County Grazing Management Program
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) County.--The term ``County'' means Malheur County,
Oregon.
(3) Federal land.--The term ``Federal land'' means land in
the County managed by the Bureau.
(4) Long-term ecological health.--The term ``long-term
ecological health'', with respect to an ecosystem, means the
ability of the ecological processes of the ecosystem to
function in a manner that maintains the composition,
structure, activity, and resilience of the ecosystem over
time, including an ecologically appropriate diversity of
plant and animal communities, habitats, connectivity, and
conditions that are sustainable through successional
processes.
(5) Malheur c.e.o. group.--The term ``Malheur C.E.O.
Group'' means the group established by section 1098(b).
(6) Operational flexibility.--The term ``operational
flexibility'', with respect to grazing on the Federal land,
means--
(A) a seasonal adjustment of livestock positioning for the
purposes of that grazing pursuant to a flexible grazing use
authorized under the program with respect to which written
notice is provided; or
(B) an adjustment of water source placement with respect to
which written notice is provided.
(7) Program.--The term ``program'' means the Malheur County
Grazing Management Program authorized under section 1097(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Oregon.
SEC. 1097. MALHEUR COUNTY GRAZING MANAGEMENT PROGRAM.
(a) In General.--The Secretary may carry out a grazing
management program on the Federal land, to be known as the
``Malheur County Grazing Management Program'', in accordance
with applicable law (including regulations) and the
memorandum entitled ``Bureau of Land Management Instruction
Memorandum 2018-109'' (as in effect on September 30, 2021),
to provide to authorized grazing permittees and lessees
increased operational flexibility to improve the long-term
ecological health of the Federal land.
(b) Permit Operational Flexibility.--
(1) Flexible grazing use alternative for a grazing permit
or lease.--At the request of an authorized grazing permittee
or lessee, for purposes of renewing a grazing permit or lease
under the program, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary
shall develop and analyze at least 1 alternative to provide
operational flexibility in livestock grazing use to account
for changing conditions.
(2) Consultation.--The Secretary shall develop alternatives
under paragraph (1) in consultation with--
(A) the applicable grazing permittee or lessee;
(B) affected Federal and State agencies;
(C) the Malheur C.E.O. Group;
(D) the Burns Paiute Tribe or the Fort McDermitt Paiute and
Shoshone Tribes, as applicable;
(E) other landowners in the affected allotment; and
(F) interested members of the public.
(3) Implementation of interim operational flexibilities.--
If an applicable monitoring plan has been adopted under
paragraph (4), in order to improve long-term ecological
health, on the request of an authorized grazing permittee or
lessee, the Secretary shall, using new and existing data,
allow a variance to the terms and conditions of the existing
applicable grazing permit or lease for the applicable year
due to significant changes in weather, forage production,
effects of fire or drought, or other temporary conditions--
(A) to adjust the season of use, the beginning date of the
period of use, the ending date of the period of use, or both
the beginning date and ending date, as applicable, under the
grazing permit or lease, subject to the requirements that--
(i) unless otherwise specified in the appropriate allotment
management plan or any other activity plan that is the
functional equivalent to the appropriate allotment management
plan under section 4120.2(a)(3) of title 43, Code of Federal
Regulations (or a successor regulation), the applicable
adjusted date of the season of use occurs--
(I) not earlier than 14 days before the beginning date
specified in the applicable permit or lease; and
(II) not later than 14 days after the ending date specified
in the applicable permit or lease; and
(ii) the authorized grazing permittee or lessee provides
written notice of the adjustment to the Bureau not later than
2 business days before the date of adjustment;
(B) to adjust the dates for pasture rotation based on
average vegetation stage and soil condition by not more than
14 days, subject to the requirement that the authorized
grazing permittee or lessee shall provide to the Bureau
written notice of the adjustment not later than 2 business
days before the date of adjustment;
(C) to adjust the placement of water structures for
livestock or wildlife by not more than 100 yards from an
associated existing road, pipeline, or structure, subject to
applicable laws and the requirement that the authorized
grazing permittee or lessee shall provide to the Bureau
written notice of the adjustment not later than 2 business
days before the date of adjustment; and
(D) in a case in which the monitoring plan adopted under
paragraph (4) indicates alterations in the operational
flexibilities are necessary to achieve ecological health or
avoid immediate ecological degradation of the allotment or
allotment area, to adjust the operational flexibilities
immediately, subject to the requirement that the authorized
grazing permittee or lessee shall provide written notice of
the adjustment to the Bureau and the individuals and entities
described in subparagraphs (B) through (F) of paragraph (2).
(4) Monitoring plans.--
(A) Monitoring plans for permit flexibility.--
(i) In general.--The Secretary shall adopt cooperative
rangeland monitoring plans and rangeland health objectives to
apply to actions taken under paragraph (1) and to monitor and
evaluate the improvements or degradations to the long-term
ecological health of the Federal land under the program, in
consultation with grazing permittees or lessees and other
individuals and entities described in paragraph (2), using
existing or new scientifically supportable data.
(ii) Requirements.--A monitoring plan adopted under clause
(i) shall--
(I) identify situations in which providing operational
flexibility in grazing permit or lease uses under the program
is appropriate
[[Page S4643]]
to improve long-term ecological health of the Federal land;
(II) identify ways in which progress under the program
would be measured toward long-term ecological health of the
Federal land;
(III) include for projects monitored under the program--
(aa) a description of the condition standards for which the
monitoring is tracking, including baseline conditions and
desired outcome conditions;
(bb) a description of monitoring methods and protocols;
(cc) a schedule for collecting data;
(dd) an identification of the responsible party for data
collection and storage;
(ee) an evaluation schedule;
(ff) a description of the anticipated use of the data;
(gg) provisions for adjusting any components of the
monitoring plan; and
(hh) a description of the method to communicate the
criteria for adjusting livestock grazing use; and
(IV) provide for annual reports on the effects of
flexibility in grazing permit or lease uses under the program
to allow the Secretary to make management adjustments to
account for the information provided in the annual report.
(B) Monitoring plans for interim operational flexibility.--
(i) In general.--The Secretary shall adopt cooperative
rangeland utilization monitoring plans and rangeland health
objectives to apply to actions taken under paragraph (3) and
to monitor and evaluate the improvements or degradations to
the long-term ecological health of the Federal land
identified for flexible use under the program.
(ii) Requirements.--A monitoring plan developed under
clause (i) shall--
(I) evaluate the percent utilization of available forage;
(II) identify the appropriate percentage of utilization for
the feed type, ecosystem, time of year, and type of animal
using the allotment;
(III) include--
(aa) a description of the utilization standards for which
the monitoring is tracking, including baseline conditions and
desired outcome conditions;
(bb) a description of utilization evaluation protocol;
(cc) an evaluation schedule identifying periods during
which utilization data will be collected;
(dd) provisions for adjusting any components of the
monitoring plan, including acceptance of data from identified
third parties; and
(ee) a description of the method to communicate the
criteria for adjusting livestock grazing use based on the on-
the-ground conditions after the period of use; and
(IV) provide for annual reports on the effects of
flexibility in grazing permit or lease uses under the program
to allow the Secretary to make management adjustments to
account for the information provided in the annual report.
(5) Terms and conditions.--
(A) Preferred alternative.--If the Secretary determines
that an alternative considered under the program that
provides operational flexibility is the preferred
alternative, the Secretary shall--
(i) incorporate the alternative, including applicable
monitoring plans adopted under paragraph (4), into the terms
and conditions of the applicable grazing permit or lease; and
(ii) specify how the monitoring information with respect to
the preferred alternative should be used to inform management
adjustments under the program.
(B) Adjustments.--Before implementing any measure for
purposes of operational flexibility with respect to a grazing
use authorized under the terms and conditions of a permit or
lease with respect to which an alternative has been
incorporated under subparagraph (A), the grazing permittee or
lessee shall notify the Secretary in writing of the proposed
adjustment.
(C) Additional requirements.--The Secretary may include any
other requirements in a permit or lease with respect to which
an alternative has been incorporated under subparagraph (A)
that the Secretary determines to be necessary.
(c) Review; Termination.--
(1) Review.--
(A) In general.--Subject to subparagraph (B), not earlier
than the date that is 8 years after the date of enactment of
this Act, the Secretary shall conduct a review of the program
to determine whether the objectives of the program are being
met.
(B) No effect on program permits and leases.--The review of
the program under subparagraph (A) shall not affect the
existence, renewal, or termination of a grazing permit or
lease entered into under the program.
(2) Termination.--If, based on the review conducted under
paragraph (1), the Secretary determines that the objectives
of the program are not being met, the Secretary shall, on the
date that is 10 years after the date of enactment of this
Act--
(A) modify the program in a manner to ensure that the
objectives of the program would be met; or
(B) terminate the program.
(d) No Effect on Grazing Privileges.--Nothing in this
subtitle--
(1) affects grazing privileges provided under the Act of
June 28, 1934 (commonly known as the ``Taylor Grazing Act'';
43 U.S.C. 315 et seq.);
(2) requires the Secretary to consider modifying or
terminating the classification of any existing grazing
district on the Federal land in any subsequent plan or
decision of the Secretary; or
(3) precludes the Secretary from modifying or terminating
an existing permit or lease in accordance with applicable law
(including regulations).
SEC. 1098. MALHEUR C.E.O. GROUP.
(a) Definitions.--In this section:
(1) Consensus.--The term ``consensus'' means a unanimous
agreement by the voting members of the Malheur C.E.O. Group
present and constituting a quorum at a regularly scheduled
business meeting of the Malheur C.E.O. Group.
(2) Federal agency.--
(A) In general.--The term ``Federal agency'' means an
agency or department of the Government of the United States.
(B) Inclusions.--The term ``Federal agency'' includes--
(i) the Bureau of Reclamation;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau;
(iv) the United States Fish and Wildlife Service; and
(v) the Natural Resources Conservation Service.
(3) Quorum.--The term ``quorum'' means 1 more than \1/2\ of
the voting members of the Malheur C.E.O. Group.
(b) Establishment.--There is established the Malheur C.E.O.
Group to assist in carrying out this section.
(c) Membership.--
(1) In general.--The Malheur C.E.O. Group shall consist of
18 members, to be appointed in accordance with paragraph (2),
including--
(A) 5 voting members who represent private interests, of
whom--
(i) 3 members represent livestock grazing interests, of
whom--
(I) 1 member resides in the northern \1/3\ of the County;
(II) 1 member resides in the center \1/3\ of the County;
and
(III) 1 member resides in the southern \1/3\ of the County;
(ii) 1 member is in the recreation or tourism industry; and
(iii) 1 member is from an applicable irrigation district;
(B) 2 voting members who represent the environmental
community, 1 of whom is based in the County;
(C) 1 voting member who represents the hunting or fishing
community;
(D) 2 voting members who are representatives of Indian
Tribes, of whom--
(i) 1 member shall be a representative of the Burns Paiute
Tribe; and
(ii) 1 member shall be a representative of the Fort
McDermitt Paiute and Shoshone Tribes;
(E) 2 nonvoting members who are representatives of Federal
agencies with authority and responsibility in the County and
who shall provide technical assistance, 1 of whom shall
represent the Bureau;
(F) 2 nonvoting members who are representatives of State
agencies with authority and responsibility in the County and
who shall provide technical assistance, of whom--
(i) 1 member shall be from the State Department of Fish and
Wildlife; and
(ii) 1 member shall be from the State Parks Department; and
(G) 4 nonvoting members who are representatives of units of
local government within the County and who shall provide
technical assistance, 1 of whom shall be from the County
weeds eradication department.
(2) Appointment; term; vacancy.--
(A) Appointment.--
(i) Governmental agencies.--A member of the Malheur C.E.O.
Group representing a Federal agency or State or local agency
shall be appointed by the head of the applicable agency.
(ii) Private interests.--A member of the Malheur C.E.O.
Group representing private interests shall be appointed by
the applicable represented groups.
(B) Term.--A member of the Malheur C.E.O. Group shall serve
for a term of 3 years.
(C) Vacancy.--A vacancy on the Malheur C.E.O. Group shall
be filled in the manner described in subparagraph (A).
(d) Projects.--
(1) In general.--The Malheur C.E.O. Group shall propose
eligible projects described in paragraph (2) on Federal land
and water and non-Federal land and water in the County to be
carried out by the Malheur C.E.O. Group or a third party,
using funds provided by the Malheur C.E.O. Group, if a
consensus of the Malheur C.E.O. Group approves the proposed
eligible project.
(2) Description of eligible projects.--An eligible project
referred to in paragraph (1) is a project--
(A) that complies with existing law (including
regulations); and
(B) relating to--
(i) ecological restoration, including development,
planning, and implementation;
(ii) range improvements for the purpose of providing more
efficient and effective ecologically beneficial management of
domestic livestock, fish, wildlife, or habitat;
(iii) invasive species management or eradication, including
invasive weeds, vegetation, fish, or wildlife;
(iv) restoration of springs and related water
infrastructure to enhance the availability of sustainable
flows of freshwater for livestock, fish, or wildlife;
(v) conservation of cultural sites;
[[Page S4644]]
(vi) economic development or recreation management; or
(vii) research, monitoring, or analysis.
(3) Requirement.--
(A) In general.--In the case of an eligible project
proposed under paragraph (1) that is to be carried out on
Federal land or requires the use of Federal funds, the
project may not be carried out without the approval of the
head of the applicable Federal agency.
(B) Failure to approve.--If an eligible project described
in subparagraph (A) is not approved by the head of the
applicable Federal agency, not later than 14 business after
the date on which the proposal is submitted to the head of
the applicable Federal agency, the head of the Federal agency
shall provide to the Malheur C.E.O. Group in writing a
description of the reasons for not approving the proposed
eligible project.
(4) Failure to approve by consensus.--If an eligible
project proposed under paragraph (1) is not agreed to by
consensus after 3 votes are conducted by the Malheur C.E.O.
Group, the proposed eligible project may be agreed to by a
quorum of the members of the Malheur C.E.O. Group, subject to
the limitations that--
(A) the eligible project may not be carried out on Federal
land; and
(B) no Federal funds may be used for an eligible project
that is agreed to in accordance with this paragraph.
(5) Acceptance of donations.--The Malheur C.E.O. Group
may--
(A) accept and place into a trust fund any donations,
grants, or other funds received by the Malheur C.E.O. Group;
and
(B) use amounts placed into a trust fund under paragraph
(1) to carry out eligible projects approved in accordance
with this section, including eligible projects carried out on
Federal land or water or using Federal funds, if the project
is approved by the head of the applicable Federal agency.
(6) Cost-sharing requirement.--
(A) In general.--The Federal share of the total cost of an
eligible project carried out using amounts made available
under subsection (i) shall be not more than 75 percent.
(B) Form of non-federal contribution.--The non-Federal
contribution required under subparagraph (A) may be provided
in the form of in-kind contributions.
(7) Funding recommendations.--All funding recommendations
developed by the Malheur C.E.O. Group shall be based on a
consensus of the Malheur C.E.O. Group members.
(e) Technical Assistance.--Any Federal agency with
authority and responsibility in the County shall, to the
extent practicable, provide technical assistance to the
Malheur C.E.O. Group on request of the Malheur C.E.O. Group.
(f) Public Notice and Participation.--The Malheur C.E.O.
Group shall conduct all meetings subject to applicable open
meeting and public participation laws.
(g) Priorities.--For purposes of approving eligible
projects proposed under subsection (d)(1), the Malheur C.E.O.
Group shall give priority to voluntary habitat, range, and
ecosystem restoration projects focused on improving the long-
term ecological health of the Federal land and natural bodies
of water.
(h) Additional Projects.--To the extent permitted by
applicable law and subject to the availability of
appropriations, Federal agencies may contribute to the
implementation of projects recommended by the Malheur C.E.O.
Group and approved by the Secretary.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $1,000,000 for each
of fiscal years 2025 through 2035.
(2) Maintenance and distribution.--Amounts made available
under paragraph (1) shall be maintained and distributed by
the Secretary.
(3) Administrative expenses.--Not more than more than 5
percent of amounts made available under paragraph (1) for a
fiscal year may be used for the administration of this
subtitle.
(4) Grants.--Of the amounts made available under paragraph
(1), not more than 10 percent may be made available for a
fiscal year to provide grants to the Malheur C.E.O. Group.
(j) Effect.--
(1) Existing activities.--The activities of the Malheur
C.E.O. Group shall supplement, and not replace, existing
activities to manage the natural resources of the County.
(2) Legal rights, duties, or authorities.--Nothing in this
section affects any legal right, duty, or authority of any
person or Federal agency, including any member of the Malheur
C.E.O. Group.
SEC. 1099. LAND DESIGNATIONS.
(a) Definition of Wilderness Area.--In this section, the
term ``wilderness area'' means a wilderness area designated
by subsection (b)(1).
(b) Designation of Wilderness Areas.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the
County comprising approximately 1,102,393 acres, as generally
depicted on the referenced maps, is designated as wilderness
and as components of the National Wilderness Preservation
System:
(A) Fifteenmile creek wilderness.--Certain Federal land,
comprising approximately 61,647 acres, as generally depicted
on the map entitled ``Proposed Wilderness Trout Creek-Oregon
Canyon Group'' and dated December 12, 2023, which shall be
known as the ``Fifteenmile Creek Wilderness''.
(B) Oregon canyon mountains wilderness.--Certain Federal
land, comprising approximately 53,559 acres, as generally
depicted on the map entitled ``Proposed Wilderness Trout
Creek-Oregon Canyon Group'' and dated December 12, 2023,
which shall be known as the ``Oregon Canyon Mountains
Wilderness''.
(C) Twelvemile creek wilderness.--Certain Federal land,
comprising approximately 38,099 acres, as generally depicted
on the map entitled ``Proposed Wilderness Trout Creek-Oregon
Canyon Group'' and dated December 12, 2023, which shall be
known as the ``Twelvemile Creek Wilderness''.
(D) Upper west little owyhee wilderness.--Certain Federal
land, comprising approximately 93,199 acres, as generally
depicted on the map entitled ``Proposed Wilderness Upper
Owyhee'' and dated December 12, 2023, which shall be known as
the ``Upper West Little Owyhee Wilderness''.
(E) Lookout butte wilderness.--Certain Federal land,
comprising approximately 66,242 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Lookout Butte Wilderness''.
(F) Mary gautreaux owyhee river canyon wilderness.--Certain
Federal land, comprising approximately 211,679 acres, as
generally depicted on the map entitled ``Proposed Wilderness
Upper Owyhee'' and dated December 12, 2023, which shall be
known as the ``Mary Gautreaux Owyhee River Canyon
Wilderness''.
(G) Black butte wilderness.--Certain Federal land,
comprising approximately 12,058 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Black
Butte Wilderness''.
(H) Twin butte wilderness.--Certain Federal land,
comprising approximately 18,150 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Twin
Butte Wilderness''.
(I) Oregon butte wilderness.--Certain Federal land,
comprising approximately 31,934 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Oregon
Butte Wilderness''.
(J) Mahogany butte wilderness.--Certain Federal land,
comprising approximately 8,953 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Mahogany Butte Wilderness''.
(K) Deer flat wilderness.--Certain Federal land, comprising
approximately 12,250 acres, as generally depicted on the map
entitled ``Proposed Wilderness Upper Owyhee'' and dated
December 12, 2023, which shall be known as the ``Deer Flat
Wilderness''.
(L) Sacramento hill wilderness.--Certain Federal,
comprising approximately 9,574 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Sacramento Hill Wilderness''.
(M) Deadman butte wilderness.--Certain Federal land,
comprising approximately 7,152 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the
``Deadman Butte Wilderness''.
(N) Big grassey wilderness.--Certain Federal land,
comprising approximately 44,238 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``Big
Grassey Wilderness''.
(O) North fork owyhee wilderness.--Certain Federal land,
comprising approximately 5,276 acres, as generally depicted
on the map entitled ``Proposed Wilderness Upper Owyhee'' and
dated December 12, 2023, which shall be known as the ``North
Fork Owyhee Wilderness''.
(P) Mary gautreaux lower owyhee canyon wilderness.--Certain
Federal land, comprising approximately 77,121 acres, as
generally depicted on the map entitled ``Proposed Wilderness
Lower Owyhee'' and dated December 12, 2023, which shall be
known as the ``Mary Gautreaux Lower Owyhee Canyon
Wilderness''.
(Q) Jordan craters wilderness.--Certain Federal land,
comprising approximately 29,255 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Jordan
Craters Wilderness''.
(R) Owyhee breaks wilderness.--Certain Federal land,
comprising approximately 31,637 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Owyhee
Breaks Wilderness''.
(S) Dry creek wilderness.--Certain Federal land, comprising
approximately 33,209 acres, as generally depicted on the map
entitled ``Proposed Wilderness Lower Owyhee'' and dated
December 12, 2023, which shall be known as the ``Dry Creek
Wilderness''.
(T) Dry creek buttes wilderness.--Certain Federal land,
comprising approximately 88,289 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Dry
Creek Buttes Wilderness''.
[[Page S4645]]
(U) Upper leslie gulch wilderness.--Certain Federal land,
comprising approximately 2,997 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Upper
Leslie Gulch Wilderness''.
(V) Slocum creek wilderness.--Certain Federal land,
comprising approximately 7,534 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Slocum
Creek Wilderness''.
(W) Honeycombs wilderness.--Certain Federal land,
comprising approximately 41,122 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the
``Honeycombs Wilderness''.
(X) Wild horse basin wilderness.--Certain Federal land,
comprising approximately 18,402 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Wild
Horse Basin Wilderness''.
(Y) Quartz mountain wilderness.--Certain Federal land,
comprising approximately 32,943 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Quartz
Mountain Wilderness''.
(Z) The tongue wilderness.--Certain Federal land,
comprising approximately 5,909 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as ``The Tongue
Wilderness''.
(AA) Three fingers rock north wilderness.--Certain Federal
land, comprising approximately 12,462 acres, as generally
depicted on the map entitled ``Proposed Wilderness Lower
Owyhee'' and dated December 12, 2023, which shall be known as
the ``Three Fingers Rock North Wilderness''.
(BB) Burnt mountain wilderness.--Certain Federal land,
comprising approximately 8,115 acres, as generally depicted
on the map entitled ``Proposed Wilderness Lower Owyhee'' and
dated December 12, 2023, which shall be known as the ``Burnt
Mountain Wilderness''.
(CC) Camp creek wilderness.--Certain Federal land,
comprising approximately 72,597 acres, as generally depicted
on the map entitled ``Proposed Wilderness Camp Creek Group''
and dated December 12, 2023, which shall be known as the
``Camp Creek Wilderness''.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of each wilderness area.
(B) Effect.--Each map and legal description prepared under
subparagraph (A) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct clerical and typographical errors in the map or legal
description.
(C) Public availability.--The maps and legal descriptions
prepared under subparagraph (A) shall be on file and
available for public inspection in the appropriate offices of
the Bureau.
(3) Management.--
(A) In general.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(i) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(ii) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(B) Grazing.--The Secretary shall allow the continuation of
the grazing of livestock, in the wilderness areas, if
established before the date of enactment of this Act, in
accordance with--
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(C) Roads adjacent to wilderness areas.--Nothing in this
subtitle requires the closure of any adjacent road outside
the boundary of a wilderness area.
(D) Fish and wildlife management activities.--
(i) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas, if the
management activities are--
(I) consistent with applicable wilderness management plans;
and
(II) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101-405).
(ii) Inclusions.--Management activities under clause (i)
may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
(E) Existing activities.--Consistent with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in
accordance with appropriate policies, such as the policies
established in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress (House Report
101-405), the State may use aircraft (including helicopters)
in the wilderness areas to survey capture, transplant,
monitor, and provide water for wildlife populations,
including bighorn sheep and feral stock, feral horses, and
feral burros.
(c) Management of Land Not Designated as Wilderness.--
(1) Release of wilderness study areas.--
(A) Finding.--Congress finds that, for purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the Clarks Butte Wilderness Study Area,
Saddle Butte Wilderness Study Area, and Bowden Hills
Wilderness Study Area have been adequately studied for
wilderness designation.
(B) Release.--Except as provided in paragraph (2), the land
described in subparagraph (A)--
(i) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(ii) shall be managed in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
including any applicable land use plan adopted under section
202 of that Act (43 U.S.C. 1712).
(2) Management of certain land with wilderness
characteristics.--Any portion of the Federal land that was
previously determined by the Secretary to be land with
wilderness characteristics that is not designated as
wilderness by subsection (b)(1) and is not designated on the
Map as ``land with wilderness characteristics'' shall be
managed by the Secretary in accordance with the applicable
land use plans adopted under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).
SEC. 1099A. LAND CONVEYANCES TO BURNS PAIUTE TRIBE AND CASTLE
ROCK CO-STEWARDSHIP AREA.
(a) Jonesboro Ranch, Road Gulch, and Black Canyon Land
Conveyances.--
(1) Conveyance and taking into trust.--
(A) Title.--As soon as practicable after the date of
enactment of this Act, the Secretary shall accept title to
the land described in paragraph (2), if conveyed or otherwise
transferred to the United States by, or on behalf of, the
Burns Paiute Tribe.
(B) Trust.--Land to which title is accepted by the
Secretary under subparagraph (A) shall--
(i) be held in trust by the United States for the benefit
of the Burns Paiute Tribe; and
(ii) be part of the reservation of the Burns Paiute Tribe.
(2) Description of land.--The land referred to in paragraph
(1)(A) is the following:
(A) Jonesboro ranch.--The parcel commonly known as
``Jonesboro Ranch'', located approximately 6 miles east of
Juntura, Oregon, consisting of 21,548 acres of Federal land,
6,686 acres of certain private land owned by the Burns Paiute
Tribe and associated with the Jonesboro Ranch containing the
pastures referred to as ``Saddle Horse'' and ``Trail Horse'',
``Indian Creek'', ``Sperry Creek'', ``Antelope Swales'',
``Horse Camp'', ``Dinner Creek'', ``Upper Hunter Creek'', and
``Tim's Peak'', generally depicted as ``Jonesboro Parcels
(Transfer)'' on the map entitled ``Proposed Wilderness Camp
Creek Group'' and dated December 12, 2023, and more
particularly described as follows:
(i) T. 20 S., R. 38 E., secs. 25 and 36, Willamette
Meridian.
(ii) T. 20 S., R. 39 E., secs. 25-36, Willamette Meridian.
(iii) T. 20 S., R. 40 E., secs. 30, 31, and 32, Willamette
Meridian.
(iv) T. 21 S., R. 39 E., secs. 1-18, 20-29, and 32-36,
Willamette Meridian.
(v) T. 21 S., R. 40 E., secs. 5-8, 17-19, 30, and 31,
Willamette Meridian.
(vi) T. 22 S., R. 39 E., secs. 1-5, 8, and 9, Willamette
Meridian.
(B) Road gulch; black canyon.--The approximately 4,137
acres of State land containing the pastures referred to as
``Road Gulch'' and ``Black Canyon'' and more particularly
described as follows:
(i) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21-28,
and 36, Willamette Meridian.
(ii) T 20 S., R. 40 E., secs. 19, 30, 31, and 32,
Willamette Meridian.
(3) Applicable law.--Land taken into trust under paragraph
(1)(B) shall be administered in accordance with the laws
(including regulations) generally applicable to property held
in trust by the United States for the benefit of an Indian
Tribe.
(4) Map of trust land.--As soon as practicable after the
date of enactment of this Act, the Secretary shall prepare a
map depicting the land taken into trust under paragraph
(1)(B).
(5) Land exchange.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall seek to enter
into an agreement with the State under which the Secretary
would exchange Federal land for the portions of the area
described in paragraph (2)(B) that are owned by the State.
(b) Castle Rock Land To Be Held in Trust and Co-stewardship
Area.--
(1) Land to be held in trust.--All right, title, and
interest of the United States in and to the approximately
2,500 acres of land
[[Page S4646]]
in the Castle Rock Wilderness Study Area, as depicted as
``Lands to be Taken into Trust'' on the map entitled ``Land
into Trust and Co-Stewardship Castle Rock Group'' and dated
December 12, 2023, shall--
(A) be held in trust by the United States for the benefit
of the Burns Paiute Tribe; and
(B) be part of the reservation of the Burns Paiute Tribe.
(2) Castle rock co-stewardship area.--
(A) Memorandum of understanding.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall seek to enter into
a memorandum of understanding with the Burns Paiute Tribe to
provide for the co-stewardship of the area depicted as
``Tribal Co-Stewardship Area'' on the map entitled ``Land
into Trust and Co-Stewardship Castle Rock Group'' and dated
December 12, 2023, to be known as the ``Castle Rock Co-
Stewardship Area''.
(ii) Requirement.--The memorandum of understanding entered
into under clause (i) shall ensure that the Castle Rock Co-
Stewardship Area is managed in a manner that--
(I) ensures that Tribal interests are adequately
considered;
(II) provides for maximum protection of cultural and
archaeological resources; and
(III) provides for the protection of natural resources with
cultural significance.
(B) Management agreements.--In accordance with applicable
law (including regulations), the Secretary may enter into 1
or more management agreements with the Burns Paiute Tribe to
authorize the Burns Paiute Tribe to carry out management
activities in the Castle Rock Co-Stewardship Area in
accordance with the memorandum of understanding entered into
under subparagraph (A)(i).
(C) Grazing.--The grazing of livestock in the Castle Rock
Co-Stewardship Area, if established before the date of
enactment of this Act, shall be permitted to continue in
accordance with applicable law (including regulations).
(D) Water rights.--Nothing in this paragraph--
(i) affects any valid and existing water rights; or
(ii) provides the Burns Paiute Tribe with any new water
right or claim.
(3) Withdrawal.--Subject to valid existing rights, the land
taken into trust under paragraph (1) and the land comprising
the Castle Rock Co-Stewardship Area are withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws and mineral materials laws.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,000,000 for fiscal year 2025.
(d) Effect on Tribal Rights and Certain Existing Uses.--
Nothing in this section, including any designation or
nondesignation of land transferred into trust to be held by
the United States for the benefit of the Burns Paiute Tribe
under this section--
(1) alters, modifies, enlarges, diminishes, or abrogates
rights secured by a treaty, statute, Executive order, or
other Federal law of any Indian Tribe, including off-
reservation reserved rights; or
(2) affects--
(A) existing rights-of-way; or
(B) preexisting grazing uses and existing water rights or
mining claims, except as specifically negotiated between any
applicable Indian Tribe and the Secretary.
______
SA 2290. Mr. WYDEN (for himself and Ms. Lummis) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. [10___]. EXPANSION OF DEFINITION OF FOREIGN ADVERSARY
COUNTRY.
Section 2(c) of the Protecting Americans' Data from Foreign
Adversaries Act of 2024 (15 U.S.C. 9901) is amended by
striking paragraph (4) and inserting the following:
``(4) Foreign adversary country.--
``(A) In general.--The term `foreign adversary country'
means a country--
``(i) specified in section 4872(d)(2) of title 10, United
States Code; or
``(ii) identified by the Secretary of Commerce under
subparagraph (B).
``(B) Countries identified by the secretary of commerce.--
``(i) In general.--Not later than one year after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2025, and every 3 years thereafter, the
Secretary of Commerce, in coordination with the head of any
Federal agency the Secretary considers relevant, shall
identify each country the sale, license, rent, trade,
transfer, release, disclosure, or provision of access to
which of sensitive data the Secretary determines is likely to
harm the national security of the United States, taking into
account--
``(I) the adequacy and enforcement of data protection,
surveillance, and export control laws in the country in order
to determine whether such laws, and the enforcement of such
laws, are sufficient--
``(aa) to protect sensitive data from accidental loss,
theft, and unauthorized or unlawful processing;
``(bb) to ensure that sensitive data is not exploited for
intelligence purposes by foreign governments to the detriment
of the national security of the United States; and
``(cc) to prevent the reexport of sensitive data to any
country described in subparagraph (A);
``(II) the circumstances under which the government of the
country can compel, coerce, or pay a person in or a national
of that country to disclose sensitive data; and
``(III) whether the government of the country has conducted
hostile foreign intelligence operations, including
information operations, against the United States.
``(ii) Publication in the federal register.--The Secretary
shall publish in the Federal Register a notice of any
identification made pursuant to clause (i).
``(iii) Grace period.--On and after the date that is 180
days after the publication of the notice required in clause
(ii), the prohibitions described in subsection (a) shall
apply to the country identified in the notice.''.
______
SA 2291. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Locally Led Development and Humanitarian Response
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Locally Led Development
and Humanitarian Response Act''.
SEC. 1292. PURPOSE.
The purpose of this subtitle is to encourage USAID to
pursue a model of locally led development and humanitarian
response and expanded engagement and partnership with local
entities.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) locally led development and humanitarian response--
(A) is more equitable and inclusive;
(B) is linked to more efficient and sustainable development
and humanitarian outcomes; and
(C) is vital to building long-term self-reliance;
(2) over multiple presidential administrations, USAID has
sought to achieve greater development outcomes through
stronger local partnerships, including through ``Country
Ownership'', ``The Journey to Self-Reliance'', and ``Locally
Led Development'';
(3) USAID should increase direct funding to local entities,
including by increasing the amount of development and
humanitarian assistance to such entities;
(4) USAID should ensure its programming enables local
communities to exercise leadership over priorities, project
design, implementation, and measuring and evaluating results
of such programs;
(5) working with local partners often requires more time
and resources than traditional partners, including extended
availability of funds and additional staff resources; and
(6) increased flexibility is critical to enable USAID to
respond to local priorities and leverage local capacities,
including with respect to staffing, availability of funds,
program design, and acquisition and assistance processes.
SEC. 1294. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) NICRA.--The term ``NICRA'' means Negotiated Indirect
Cost Rate.
(3) USAID.--The term ``USAID'' means the United States
Agency for International Development.
SEC. 1295. WORKING WITH LOCAL PARTNERS.
The Administrator of USAID should, to the extent feasible
and appropriate, localize the USAID partner base by--
(1) simplifying and increasing access to USAID resources
for local partners in humanitarian and development sectors,
including local partners who have relations, agency, or power
structures in place that produced, or can produce, strong
trust, accountability, and legitimacy in the communities or
networks in which such partners work;
(2) diversifying award types to streamline performance
requirements and working with the Office of Management and
Budget to address threshold constraints, such as fixed
[[Page S4647]]
amount subaward thresholds, category management award
targets, and other thresholds, policies, and contracting
incentives that pose a barrier to effectively supporting
local partners;
(3) streamlining monitoring and evaluation, periodic
reporting, and other USAID reporting requirements;
(4) ensuring USAID staff are able and encouraged to conduct
regular consultation with local partners in local languages
of the host countries, making available solicitations for
acquisitions and assistance and accepting submissions in
local languages, video format, or verbal presentations,
including by--
(A) investing in translation services;
(B) hosting workshop-based engagements; and
(C) advertising solicitations in local trade publications,
local media including newspapers and radio, local community
centers, and local online forums;
(5) allowing and promoting multi-year, flexible, tiered,
and milestone-based funding for new programs and to bring
successful programs to scale;
(6) strengthening the capacity of USAID staff and local
partners to undertake risk management and mitigation;
(7) supporting consistent and unimpeded access to full cost
recovery for local partners implementing activities funded by
USAID;
(8) assessing current definitions of ``local partner'',
``local ownership'', and ``localization'' used by USAID for
programming and reporting metrics, and updating such
definitions, as necessary;
(9) undertaking outreach campaigns and engaging with local
partners (formally and informally) to raise awareness about
opportunities and the process for applying for and managing
awards in compliance with applicable Federal regulations and
USAID policies, and ensuring such engagement is accessible to
all entities, including unregistered and informal
organizations;
(10) strengthening oversight of capacity strengthening
components of awards to ensure United States and
international awardees are making good-faith efforts to
strengthen local organizations' capacities, including
independent and external evaluations to evaluate the
mentorship process and regular feedback loops;
(11) expeditiously solving the shortage of contracting
officers within USAID, including granting warrants to
qualified staff and providing appropriate training;
(12) addressing performance evaluation criteria to create
greater workforce incentives for USAID personnel to champion
locally-led development;
(13) addressing internal delays and recipient organization
issues that result in the required extension of provisional
NICRAs, in accordance with section 200.414(g) of title 2,
Code of Federal Regulations;
(14) conducting NICRA seminars in local languages and
providing NICRA documentation in local languages; and
(15) ensuring that contracting officers and agreement
officers communicate to awardees who do not submit for a
NICRA that they are eligible for the de minimis indirect cost
rate.
SEC. 1296. INSTITUTIONALIZATION OF LOCAL PARTNERSHIPS.
Not later than 180 days after the date of the enactment of
this Act, the Administrator of USAID shall initiate policy
actions, including rulemaking, if necessary, to
institutionalize the actions taken pursuant to section 615,
to the extent appropriate and feasible, within all relevant
USAID internal rules and regulations, including--
(1) the Automated Directive System;
(2) the Acquisition and Assistance Strategy;
(3) the Local Capacity Strengthening Policy;
(4) the Localization of Humanitarian Assistance Strategy;
(5) the USAID Acquisition Regulation;
(6) the Local Systems Framework; and
(7) the Private Sector Engagement Policy.
SEC. 1297. AUTHORITY TO ACCEPT APPLICATIONS, PROPOSALS, AND
CONTRACTING AGREEMENTS IN LOCAL LANGUAGES AND
LOCAL LANGUAGE SUPPORT.
(a) In General.--Notwithstanding any other provision of
law, USAID is authorized to accept applications or proposals
in languages other than English if--
(1) such acceptance eases the burden of a local entity
working with USAID; and
(2) USAID staff are able to effectively evaluate such
applications or proposals.
(b) Local Language Support.--
(1) In general.--The Administrator of USAID shall conduct
an assessment of options to enable USAID to utilize local
languages to support local partners with award solicitations,
proposals and applications, evaluations, management, and
close out, including advising local partners on applicable
United States regulations and USAID policies and local
country rules and regulations common in such activities.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of USAID shall
submit a report to Congress containing the results of the
assessment conducted pursuant to paragraph (1).
SEC. 1298. MODIFICATIONS RELATING TO THE CODE OF FEDERAL
REGULATIONS AND OTHER REQUIREMENTS.
(a) Increase in the De Minimis Indirect Cost.--The
Administrator of USAID is authorized--
(1) to increase the de minimis indirect cost rate provided
for in section 200.414 of title 2, Code of Federal
Regulations, or in any successor regulations, to 15 percent
for local entities receiving USAID assistance awards;
(2) to establish a similar de minimis indirect cost rate of
15 percent for acquisitions awarded to local entities
pursuant to title 48, Code of Federal Regulations; and
(3) to further increase such threshold if such action is
recommended by regulations promulgated by the Office of
Management and Budget.
(b) Exemption for Local Entities.--The Administrator of
USAID is authorized to exempt local entities, as needed, from
the reporting requirements under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6106
note; Public Law 109-282) to allow for a 180-day delay in
obtaining a unique entity identifier and registration in the
System for Award Management if such exemption is not granted
later than 30 days before the end of the award's period of
performance.
(c) Local Competition Authority.--
(1) In general.--Notwithstanding any other provision of
law, the Administrator of USAID, or a designee of the
Administrator, may award contracts and other acquisition
instruments in which competition is limited to local entities
if such process would--
(A) result in cost savings;
(B) strengthen local capacity; or
(C) enable USAID to deliver a program or activities more
sustainably or quickly than if competition were not so
limited.
(2) Limitation.--The authority granted under paragraph (1)
may not be used--
(A) to make acquisition awards in excess of $25,000,000; or
(B) with respect to more than 10 percent of the amounts
appropriated to USAID in any fiscal year.
(d) Use of National or International Generally Accepted
Accounting Principles.--The Administrator of USAID, in
consultation with the Administrator of the General Services
Administration, the Secretary of Defense, and the
Administrator of the National Aeronautics and Space
Administration, may permit foreign entities to use national
or international generally accepted accounting principles
instead of United States Generally Accepted Accounting
Principles (GAAP) for contracts or grants awarded under
chapter 7 of title 2, Code of Federal Regulations, or chapter
7 of title 48, Code of Federal Regulations.
SEC. 1299. ANNUAL REPORT.
Not later than 180 days after the last day of each fiscal
year, and annually thereafter, the Administrator of USAID
shall submit to the appropriate congressional committees and
publish on the USAID website a report on the progress made by
USAID during the most recently completed fiscal year to
advance locally-led development and humanitarian response,
which shall include, with respect to the reporting period--
(1) the amount of funding expended directly or indirectly
by local entities, including through all development and
humanitarian assistance programs;
(2) an assessment of how USAID is enabling more local
leadership of programs funded by USAID, including--
(A) recipients of direct funding;
(B) subrecipients and subcontractors to an international
implementing partner;
(C) participants in a USAID-funded program; and
(D) members of a community affected by a USAID program;
(3) an assessment of progress made by USAID towards
implementing--
(A) the Acquisitions and Assistance Strategy;
(B) the Local Capacity Strengthening Policy;
(C) the Policy on Locally Led Humanitarian Assistance; and
(D) any other relevant strategies and policies;
(4) an assessment of--
(A) how USAID is using the new authorities granted under
sections 617 and 618; and
(B) the impact of such authorities on the ability of USAID
to work with local partners; and
(5) an assessment of--
(A) the number of organizations with a NICRA known to USAID
that are utilizing provisional NICRAs for longer than 4 years
without a final NICRA; and
(B) the steps that USAID recommends be taken to reduce the
extension of provisional NICRAs beyond 1 year.
______
SA 2292. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 891. REPORT ON ABILITY OF DEPARTMENT OF DEFENSE TO
IDENTIFY PROHIBITED SEAFOOD IMPORTS IN SUPPLY
CHAIN FOR FOOD PROCUREMENT.
Not later than 180 days after the date of the enactment of
this Act, the Inspector General of the Department of Defense
shall submit to the congressional defense committees a report
assessing whether the Department has policies and procedures
in place to
[[Page S4648]]
verify that the food the Department procures does not include
seafood originating in the People's Republic of China the
importation of which is prohibited under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307), including pursuant to a
presumption under--
(1) section 3 of the Act entitled ``An Act to ensure that
goods made with forced labor in the Xinjiang Autonomous
Region of the People's Republic of China do not enter the
United States market, and for other purposes'', approved
December 23, 2021 (Public Law 117-78; 22 U.S.C. 6901 note)
(commonly referred to as the ``Uyghur Forced Labor Prevention
Act''); or
(2) section 302A of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9241a).
______
SA 2293. Mr. SCHUMER (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. __. HIGH-PERFORMANCE COMPUTING AND ARTIFICIAL
INTELLIGENCE CAPABILITIES.
(a) In General.--The Secretary of Defense shall establish a
high-performance computing program across the Department of
Defense.
(b) Construction of Supercomputers.--
(1) In general.--In carrying out subsection (a), the
Secretary shall construct supercomputers for development and
deployment of military applications of high-performance
computing and artificial intelligence that are located on-
premises at Department of Defense installations.
(2) Availability.--The Secretary shall make available all
of the computing resources from the supercomputers
constructed under paragraph (1) to all employees of the
Department, with limited exceptions for specific elements of
the Armed Forces at the discretion of the Secretary.
(3) High-end applications.--The Secretary shall ensure that
at least one of the supercomputers constructed pursuant to
paragraph (1) is a capability class system for high-end
applications requiring sustained use of a large number of
processors.
(c) Research and Development.--
(1) In general.--In carrying out subsection (a), the
Secretary shall perform research and development for--
(A) software applications in military science and
engineering; and
(B) artificial intelligence applications relevant to such
disciplines.
(2) Focus.--Research and development under paragraph (1)
shall be focused on applications that do not have a readily
available commercial solution that can be procured by the
Department.
(d) High-end Artificial Intelligence Systems.--
(1) In general.--In carrying out subsection (a), the
Secretary shall develop high-end artificial intelligence
systems that have general-purpose military or intelligence
applications for language, image, audio, video, and other
data modalities.
(2) Training of systems.--The Secretary shall ensure that
systems developed pursuant to paragraph (1) are trained using
datasets curated by the Department using general, openly or
commercially available sources of such data, or data owned by
the Department, depending on the appropriate use case.
______
SA 2294. Mrs. BLACKBURN (for herself, Mr. Blumenthal, Mr. Murphy, and
Ms. Baldwin) submitted an amendment intended to be proposed by her to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. COAST GUARD SAFE-TO-REPORT POLICY.
(a) In General.--The Commandant of the Coast Guard shall
prescribe regulations to establish a safe-to-report policy
that--
(1) applies to--
(A) all members of the Coast Guard (including members of
the reserve component of the Coast Guard); and
(B) cadets at the United States Coast Guard Academy; and
(2) is consistent with the safe-to-report policy prescribed
by the Secretary of Defense under section 539A of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1561 note).
(b) Safe-to-Report Policy.--The safe-to-report policy
established in accordance with the regulations prescribed
under subsection (a) shall set forth a procedure for the
handling of minor collateral misconduct involving any
individual described in paragraph (1) or (2) of that
subsection who is the alleged victim of sexual assault or
sexual harassment.
(c) Aggravating Circumstances.--The regulations under
subsection (a) shall specify aggravating circumstances that
increase the gravity of minor collateral misconduct or the
impact of such misconduct on good order and discipline.
(d) Tracking of Collateral Misconduct Incidents.--In
conjunction with the issuance of regulations under subsection
(a), the Commandant shall develop and implement a process to
track incidents of minor collateral misconduct that are
subject to the safe-to-report policy.
(e) Definition of Minor Collateral Misconduct.--In this
section, the term ``minor collateral misconduct'' means any
minor misconduct that is potentially punishable under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), that--
(1) is committed close in time to or during a sexual
assault or instance of sexual harassment, and directly
related to the incident that formed the basis of the
allegation of sexual assault or sexual harassment;
(2) is discovered as a direct result of--
(A) the report of sexual assault or sexual harassment; or
(B) an investigation into a sexual assault or an instance
of sexual harassment; and
(3) does not involve aggravating circumstances (as
specified in the regulations prescribed under subsection (c))
that increase the gravity of the minor misconduct or the
impact of such misconduct on good order and discipline.
______
SA 2295. Mr. SCHUMER (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. __. CONTENT PROVENANCE ROADMAP.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing a roadmap for ensuring that content provenance
information is included in all publicly available official
digital media created by the Department of Defense.
(b) Milestones.--To the degree possible, the roadmap
included in the report required by subsection (a) shall
include milestones associated with specific dates.
(c) Recommendations.--The report submitted pursuant to
subsection (a) shall include recommendations regarding what
resources are needed by the Department to carry out the
roadmap included in the report, disaggregated by fiscal year.
______
SA 2296. Mr. LUJAN (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. HERMIT'S PEAK/CALF CANYON CLAIMS EXTENSION.
Section 104 of the Hermit's Peak/Calf Canyon Fire
Assistance Act (Public Law 117-180; 136 Stat. 2170) is
amended--
(1) in subsection (a), by adding at the end the following:
``(5) Temporary personnel.--
``(A) In general.--The Administrator may appoint temporary
personnel, after serving continuously for 3 years to
positions in the Federal Emergency Management Agency in the
same manner that competitive service employees with
competitive status are considered for transfer, reassignment,
or promotion to such positions.
``(B) Career-conditional employee.--An individual appointed
under subparagraph (A) shall become a career-conditional
employee, unless the employee has already completed the
service requirements for career tenure.'';
(2) in subsection (b), by striking ``Not later than 2 years
after the date on which regulations are first promulgated
under subsection (f)'' and inserting ``Not later than
December 31, 2026''; and
(3) in subsection (d)(4)(C)--
(A) in clause (vii), by striking ``the date that is 3 years
after the date on which the regulations under subsection (f)
are first promulgated'' and inserting ``December 31, 2030'';
(B) by amending clause (viii) to read as follows:
``(viii) Notwithstanding any other provision of law, a
premium for flood insurance that is required to be paid on or
before December 31, 2026, if--
``(I) as a result of the Hermit's Peak/Calf Canyon Fire, a
person that was not required
[[Page S4649]]
to purchase flood insurance before the Hermit's Peak/Calf
Canyon Fire is required to purchase flood insurance; or
``(II) a person did not maintain flood insurance before the
Hermit's Peak/Calf Canyon Fire but purchased flood insurance
after the Hermit's Peak/Calf Canyon Fire due to fear of
heightened flood risk.'';
(C) by redesgnating clause (x) as clause (xi); and
(D) by inserting after clause (ix) the following:
``(x) Notwithstanding paragraph (1)(B), costs incurred not
later than December 31, 2030 of reasonable efforts, as
determined by the Administrator, by the State of New Mexico
to design, construct, and operate a center with the purpose
of researching, developing and generating native seedlings to
successfully regenerate forests destroyed by the Hermit's
Peak/Calf Canyon Fire with native species.''.
______
SA 2297. Ms. HASSAN (for herself and Mr. Lankford) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SECTION 1014. ENHANCING SOUTHBOUND INSPECTIONS TO COMBAT
CARTELS.
(a) Short Title.--This section may be cited as the
``Enhancing Southbound Inspections to Combat Cartels Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Appropriations of the House of
Representatives;
(E) the Committee on Homeland Security of the House of
Representatives; and
(F) the Committee on the Judiciary of the House of
Representatives.
(2) Southern border.--The term ``Southern Border'' means
the international land border between the United States and
Mexico.
(c) Additional Inspection Equipment and Infrastructure.--
(1) Imaging systems.--The Commissioner of U.S. Customs and
Border Protection is authorized--
(A) to purchase up to 50 additional non-intrusive imaging
systems; and
(B) to procure additional associated supporting
infrastructure.
(2) Deployment.--The systems and infrastructure purchased
or otherwise procured pursuant to paragraph (1) shall be
deployed along the Southern Border for the primary purpose of
inspecting any persons, conveyances, or modes of
transportation traveling from the United States to Mexico.
(3) Alternative equipment.--The Commissioner of U.S.
Customs and Border Protection is authorized to procure
additional infrastructure or alternative inspection equipment
that the Commissioner deems necessary for the purpose of
inspecting any persons, conveyances, or modes of
transportation traveling from the United States to Mexico.
(4) Sunset.--Paragraphs (1) and (3) shall cease to have
force and effect beginning on the date that is 5 years after
the date of the enactment of this Act.
(d) Additional Homeland Security Investigations Personnel
for Investigations of Southbound Smuggling.--
(1) HSI special agents.--The Director of U.S. Immigration
and Customs Enforcement shall hire, train, and assign--
(A) not fewer than 100 new Homeland Security Investigations
special agents to primarily assist with investigations
involving the smuggling of currency and firearms from the
United States to Mexico; and
(B) not fewer than 100 new Homeland Security Investigations
special agents to assist with investigations involving the
smuggling of contraband, human trafficking and smuggling
(including that of children), drug smuggling, and
unauthorized entry into the United States from Mexico.
(2) Support staff.--The Director is authorized to hire,
train, and assign such additional support staff as may be
necessary to support the functions carried out by the special
agents hired pursuant to paragraph (1).
(e) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the appropriate congressional
committees that--
(A) identifies the resources provided, including equipment,
personnel, and infrastructure, and the annual budget to carry
out outbound and inbound inspections, including, to the
extent practicable, resources specifically used for
inspections of any individuals and modes of transportation--
(i) from the United States to Mexico or to Canada; and
(ii) from Mexico or Canada into the United States.
(B) describes the operational cadence of all outbound and
inbound inspections of individuals and conveyances traveling
from the United States to Mexico or to Canada and from Mexico
or Canada into the United States, described as a percentage
of total encounters or as the total number of inspections
conducted;
(C) describes any plans that would allow for the use of
alternative inspection sites near a port of entry;
(D) includes an estimate of--
(i) the number of vehicles and conveyances that can be
inspected with up to 50 additional non-intrusive imaging
systems dedicated to southbound inspections;
(ii) the number of vehicles and conveyances that can be
inspected with up to 50 additional non-intrusive imaging
systems that may be additionally dedicated to inbound
inspections along the southwest border; and
(iii) the number of additional investigations and seizures
that will occur based on the additional equipment and
inspections; and
(E) assesses the capability of inbound inspections by
authorities of the Government of Mexico, in cooperation with
United States law enforcement agencies, to detect and
interdict the flow of illicit weapons and currency being
smuggled--
(i) from the United States to Mexico; and
(ii) from Mexico into the United States.
(2) Classification.--The report submitted pursuant to
paragraph (1), or any part of such report, may be classified
or provided with other appropriate safeguards to prevent
public dissemination.
(f) Minimum Mandatory Southbound Inspection Requirement.--
(1) Requirement.--Not later than March 30, 2027, the
Secretary of Homeland Security shall ensure, to the extent
practicable, that not fewer than 10 percent of all
conveyances and other modes of transportation traveling from
the United States to Mexico are inspected before leaving the
United States.
(2) Authorized inspection activities.--Inspections required
pursuant to paragraph (1) may include nonintrusive imaging,
physical inspections by officers or canine units, or other
means authorized by the Secretary of Homeland Security.
(3) Report on additional inspections capabilities.--Not
later than March 30, 2028, the Secretary of Homeland Security
shall submit a report to the appropriate congressional
committees that--
(A) assesses the Department of Homeland Security's timeline
and resource requirements for increasing inspection rates to
between 15 and 20 percent of all conveyances and modes of
transportation traveling from the United States to Mexico;
and
(B) includes estimates for the numbers of additional
investigations and seizures the Department expects if such
inspection rates are so increased.
(g) Currency and Firearms Seizures Quarterly Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter until
the date that is 4 years after such date of enactment, the
Commissioner of U.S. Customs and Border Protection shall
submit a report to the appropriate congressional committees
that describes the seizure of currency, firearms, and
ammunition attempted to be trafficked out of the United
States.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the most recent 90-day period for
which such information is available--
(A) the total number of currency seizures that occurred
from outbound inspections at United States ports of entry;
(B) the total dollar amount associated with the currency
seizures referred to in subparagraph (A);
(C) the total number of firearms seized from outbound
inspections at United States ports of entry;
(D) the total number of ammunition rounds seized from
outbound inspections at United States ports of entry; and
(E) the total number of incidents of firearm seizures and
ammunition seizures that occurred at United States ports of
entry.
______
SA 2298. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, insert the
following:
SEC. 1239. REPORT ON CONFLICT IN UKRAINE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the ongoing conflict in Ukraine that includes
information on causalities, wounded, and materials or
equipment losses for each country involved in the conflict .
______
SA 2299. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department
[[Page S4650]]
of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. RULE OF CONSTRUCTION ON MAINTAINING ONE CHINA
POLICY.
Nothing in this Act may be construed as a change to the one
China policy, which is guided by the Taiwan Relations Act (22
U.S.C. 3301 et seq.), the three United States-People's
Republic of China Joint Communiques, and the Six Assurances.
______
SA 2300. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, insert the
following:
SEC. 1291. REPEAL OF 2001 AUTHORIZATION FOR USE OF MILITARY
FORCE.
The Authorization for Use of Military Force (Public Law
107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is repealed.
______
SA 2301. Mr. ROUNDS (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. [__]. POSTAL PROCESSING PROTECTION.
Section 404(d) of title 39, United States Code, is
amended--
(1) in paragraph (1), by striking ``any post office'' and
inserting ``any post office, or any acceptance, processing,
shipping, delivery, distribution, or other facility that is
owned or operated by the Postal Service that supports 1 or
more post offices'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``a post office'' and inserting ``a post office, or an
acceptance, processing, shipping, delivery, distribution, or
other facility that is owned or operated by the Postal
Service that supports 1 or more post offices''; and
(B) in subparagraph (A)(iii), by striking ``post offices''
and inserting ``post offices, or acceptance, processing,
shipping, delivery, distribution, or other facilities that
are owned or operated by the Postal Service that support 1 or
more post offices,'';
(3) in paragraph (3), by striking ``a post office'' and
inserting ``a post office, or an acceptance, processing,
shipping, delivery, distribution, or other facility that is
owned or operated by the Postal Service that supports 1 or
more post offices,'';
(4) in paragraph (4), by striking ``a post office'' and
inserting ``a post office, or an acceptance, processing,
shipping, delivery, distribution, or other facility that is
owned or operated by the Postal Service that supports 1 or
more post offices,''; and
(5) in paragraph (5), by striking ``any post office'' and
inserting ``any post office, or any acceptance, processing,
shipping, delivery, distribution, or other facility that is
owned or operated by the Postal Service that supports 1 or
more post offices,''.
______
SA 2302. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
APPLICATION PROCESS.
Section 54301(a)(5)(A) of title 46, United States Code, is
amended--
(1) by striking ``To be eligible'' and inserting the
following:
``(i) In general.--To be eligible''; and
(2) by adding at the end the following:
``(ii) Ensuring cybersecurity.--If an applicant for a grant
under this subsection is applying to use the grant to acquire
digital infrastructure or a software component, such
applicant shall certify the applicant has an approved
security plan pursuant to section 70103(c) of title 46,
United States Code, that addresses the cybersecurity risks of
such digital infrastructure or software.''.
______
SA 2303. Mr. CORNYN (for himself and Ms. Cortez Masto) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. USE OF URBANIZED AREA FORMULA GRANTS FOR DETECTION
AND MITIGATION OF CONTROLLED SUBSTANCES AND
COUNTERFEIT SUBSTANCES AND PREVENTION OF HUMAN
TRAFFICKING.
Section 5307(a)(1) of title 49, United States Code, is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) projects to improve public safety, including such
projects for the detection and mitigation of controlled
substances and counterfeit substances (as the terms
`controlled substance' and `counterfeit substance' are
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), and the prevention of human trafficking, in
public transportation systems.''.
______
SA 2304. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28__. AUTHORITY TO CARRY OUT FOREIGN-FUNDED CONSTRUCTION
PROJECTS INCIDENT TO FOREIGN MILITARY SALES.
(a) In General.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2818. Foreign military sales funded construction
``(a) In General.--The Secretary concerned may carry out a
military construction project not otherwise authorized by law
that is funded in full by a country or countries
participating in the foreign military sales program and is
incident to the sale or lease of defense articles or defense
services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.).
``(b) Notification Required.--When a decision is made to
carry out a military construction project under this section
for which the estimated cost exceeds $250,000,000, the
Secretary concerned shall notify the appropriate committees
of Congress of the scope of the proposed project.
``(c) Definitions.--In this section:
``(1) The terms `defense article' and `defense service'
have the meanings given those terms in section 47 of the Arms
Export Control Act (22 U.S.C. 2794).
``(2) The term `foreign military sales program' means the
program authorized under chapter 2 of such Act (22 U.S.C.
2761 et seq.).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2817 the following new item:
``2818. Foreign military sales funded construction.''.
______
SA 2305. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORT ON PENALTIES AVAILABLE FOR FEDERAL CIVILIAN
EMPLOYEES CONVICTED OF CERTAIN FINANCIAL
CRIMES.
(a) Definitions.--In this section:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(2) Federal civilian employee.--The term ``Federal civilian
employee'' means an employee of a Federal agency who is not a
member of the armed forces, as defined in section 2101 of
title 5, United States Code.
(b) Findings.--Congress finds the following:
(1) Federal civilian employees who are convicted of
significant financial crimes against their employing agency
are still eligible to receive their full retirement benefits
under current law.
(2) Military.com reported in January 2024 that a Federal
civilian employee of the
[[Page S4651]]
Army was accused of stealing $100 million from the Army, and,
if convicted, the individual will still receive full
retirement benefits.
(c) Sense of Congress.--It is the sense of Congress that
the Department of Defense should be allowed to withhold
retirement pay for criminals who are convicted of financial
crimes committed directly against the Department of Defense,
just as servicemembers do not receive retirement pay if they
receive a punitive discharge at court-martial.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary of Homeland
Security, in coordination with the Secretary of Defense,
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of
the Senate a report outlining penalties and legal recourse
available for cases in which a Federal civilian employee is
convicted of a significant financial crime against the
Federal agency employing the individual.
(2) Contents.--The report shall include--
(A) a description of current law surrounding such cases and
any existing authorities that Federal agencies have for
withholding retirement pay for such convicted Federal
civilian employees; and
(B) recommendations to amend the current legal structure to
allow Federal agencies to withhold retirement pay for Federal
civilian employees convicted of financial crimes against
their employing Federal agencies.
______
SA 2306. Mr. SULLIVAN (for himself and Ms. Hirono) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. REPEAL OF BONAFIDE OFFICE RULE FOR 8(A) CONTRACTS
WITH THE DEPARTMENT OF DEFENSE.
Section 8(a)(11) of the Small Business Act (15 U.S.C.
637(a)(11)) is amended--
(1) by inserting ``(A)'' before ``To the maximum''; and
(2) by adding at the end the following:
``(B) Subparagraph (A) shall not apply with respect to a
contract entered into under this subsection with the
Department of Defense.''.
______
SA 2307. Mr. SULLIVAN submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle I of title V, add the following:
SEC. 597B. ACCESS TO SECONDARY SCHOOLS FOR RECRUITING
PURPOSES.
(a) In General.--Section 503(c)(1) of title 10, United
States Code, is amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively;
(B) by striking ``Each local educational agency'' and
inserting ``(i) Each local educational agency'';
(C) in subclause (I), as redesignated by subparagraph (A),
by striking ``the same access to secondary school students as
is provided generally to postsecondary educational
institutions or to prospective employers of those students''
and inserting ``optimal access to secondary school
students''; and
(D) by adding at the end the following new clause:
``(ii) In this subparagraph, the term `optimal access'
means access that--
``(I) is at least equal to that provided for postsecondary
educational institution and potential employer recruitment;
``(II) allows military service recruiters to be located in
a high traffic area of the school that promotes student
engagement;
``(III) allows school representatives to facilitate virtual
recruiter engagement;
``(IV) does not place any prohibition or restriction on a
military service recruiter that does not also apply to a
postsecondary educational institution or potential employer
recruiter; and
``(V) is provided to military recruiters not fewer than 4
times per academic year.''; and
(2) in subparagraph (B), by striking ``subparagraph
(A)(iii)'' and inserting ``subparagraph (A)(i)(III)''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report including--
(1) an assessment of access to secondary schools provided
to service recruiters; and
(2) any recommendations of the Secretary to improve
recruiter access to secondary schools.
______
SA 2308. Ms. LUMMIS submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CLAIMS RELATING TO URANIUM MINING; REAUTHORIZATION
OF THE RADIATION EXPOSURE COMPENSATION ACT.
(a) Short Title.--This section may be cited as the
``Uranium Miners and Workers Act of 2024''.
(b) Claims Relating to Uranium Mining.--
(1) In general.--Subparagraph (A) of section 5(a)(1) of the
Radiation Exposure Compensation Act (Public Law 101-426; 42
U.S.C. 2210 note) is amended to read as follows:
``(A) that individual--
``(i) was employed in a uranium mine or uranium mill
(including any individual who was employed in the transport
of uranium ore or vanadium-uranium ore from such mine or
mill) located in Arizona, Colorado, Idaho, New Mexico, North
Dakota, Oregon, South Dakota, Texas, Utah, Washington,
Wyoming, or any other State for which the Attorney General
makes a determination for inclusion of eligibility, at any
time during the period beginning on January 1, 1942, and
ending on December 31, 1978; and
``(ii)(I) was a miner exposed to 40 or more working level
months of radiation or worked for at least 1 year during the
period described under clause (i) and submits written medical
documentation that the individual, after that exposure,
developed lung cancer, a nonmalignant respiratory disease,
renal cancer, or any other chronic renal disease, including
nephritis and kidney tubal tissue injury; or
``(II) was a miller, ore transporter, or core driller who
worked for at least 1 year during the period described under
clause (i) and submits written medical documentation that the
individual, after that exposure, developed lung cancer, a
nonmalignant respiratory disease, renal cancer, or any other
chronic renal disease, including nephritis and kidney tubal
tissue injury;''.
(2) Transfer of funds.--For individuals who are eligible
for payments described in subparagraph (A) of section 5(a)(1)
of the Radiation Exposure Compensation Act (Public Law 101-
426; 42 U.S.C. 2210 note), as amended by paragraph (1), the
Secretary of the Treasury shall transfer, not later than 60
days after the date of enactment of this Act, $475,000,000 to
the Radiation Exposure Compensation Trust Fund established
under section 3 of the Radiation Exposure Compensation Act,
out of unobligated amounts appropriated for purposes of
coronavirus response under any of the following:
(A) The Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020 (Public Law 116-123; 134 Stat. 146).
(B) The Families First Coronavirus Response Act (Public Law
116-127; 134 Stat. 178).
(C) The CARES Act (Public Law 116-136; 134 Stat. 281).
(D) The Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620).
(E) Divisions M and N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260; 134 Stat. 1182).
(F) The American Rescue Plan Act of 2021 (Public Law 117-2;
135 Stat. 4).
(G) An amendment made by a provision of law described in
any of subparagraphs (A) through (F).
(c) Reauthorization of the Radiation Exposure Compensation
Act.--
(1) 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 4 years after the
date of enactment of the Uranium Miners and Workers Act of
2024.''.
(2) 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 ``not later than 2 years after
the date of enactment of the RECA Extension Act of 2022'' and
inserting ``not later than 4 years after the date of
enactment of the Uranium Miners and Workers Act of 2024''.
______
SA 2309. Mrs. FISCHER submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXXI, insert the
following:
SEC. 31___. AUTHORIZATION TO WAIVE REGULATORY RESTRICTIONS
INHIBITING STOCKPILE STEWARDSHIP.
(a) Authorization.--
(1) In general.--The Secretary of Energy may exempt the
National Nuclear Security
[[Page S4652]]
Administration from the applicability of any regulation of
the Environmental Protection Agency associated with providing
for the safe storage, processing, transportation, and
disposal of hazardous waste (including radioactive waste)
resulting from nuclear materials production, weapons
production and surveillance programs, and naval nuclear
propulsion programs of the National Nuclear Security
Administration if the Administrator for Nuclear Security
determines and reports to the Secretary that the
implementation of the regulation could inhibit the capability
of the Administration or would otherwise impact the authority
of the Administration under section 91 of the Atomic Energy
Act of 1954 (42 U.S.C. 2121).
(2) Prohibition on delegation.--The Secretary may not
delegate the exemption authority under paragraph (1).
(b) Duration, Renewal, and Limitation.--
(1) Duration.--Except as provided by paragraph (2), an
exemption issued by the Secretary under subsection (a) shall
be in effect for not more than 365 days from the date of
issuance of the exemption.
(2) Renewal.--
(A) In general.--Subject to subparagraph (B), upon the
recommendation of the Administrator for Nuclear Security, the
Secretary may renew an exemption issued under subsection (a)
for an additional 365 days.
(B) Limitation.--The Secretary may renew an exemption for a
specific regulation not more than twice.
(C) Rescission of exemptions.-- An exemption issued by the
Secretary under subsection (a) may be rescinded if the
regulation of the Environmental Protection Agency for which
such exemption was obtained is amended by the Administrator
of the Environmental Protection Agency with the consultation
and advice of the Secretary of Energy.
(c) Renewal Report.--Not later than 60 days after renewing
under subsection (b)(2) an exemption issued under subsection
(a), the Secretary of Energy, acting through the
Administrator for Nuclear Security, shall submit to the
congressional defense committees a report describing the
following:
(1) The rationale for renewing the exemption.
(2) Steps the Secretary or the Administrator for Nuclear
Security can or will take to reduce the necessity for such an
exemption in the future, including working with appropriate
Federal agencies to ensure that activities required to ensure
the safety, security, and effectiveness of the nuclear
weapons stockpile are not adversely affected through
rulemaking processes.
(3) As applicable, any statutory relief necessary to ensure
regulatory requirements do not adversely affect the
capability of the National Nuclear Security Administration to
ensure the safety, security, and effectiveness of the nuclear
weapons stockpile without the need to return to explosive
nuclear testing.
(d) Memorandum of Agreement.--The Administrator of the
Environmental Protection Agency and the Secretary of Energy
shall enter into a memorandum of agreement to ensure fulsome
cooperation and consideration of the impact of regulatory
impacts on the unique missions of the National Nuclear
Security Administration to avoid impacts to the military
application of atomic energy while--
(1) achieving risk-informed, cost beneficial protection of
public health and safety; and
(2) ensuring that the effect of any regulation will not be
inimical to the common defense and security of the United
States.
______
SA 2310. Mrs. HYDE-SMITH (for herself and Ms. Hassan) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Subsection (a) of section 484C of the Higher Education Act
of 1965 (20 U.S.C. 1091c(a)) is amended to read as follows:
``(a) Definition of Service in the Uniformed Services.--In
this section, the term `service in the uniformed services'
means service (whether voluntary or involuntary) on active
duty in the Armed Forces, including such service by a member
of the National Guard or Reserve.''.
______
SA 2311. Mr. GRASSLEY (for himself and Ms. Hassan) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS.
Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is
amended--
(1) in subsection (a)(1), by inserting ``, packing
materials, shipping containers,'' after ``its packaging''
each place it appears; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``; and'' and inserting a
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) any other party with an interest in the merchandise,
as determined appropriate by the Commissioner.''.
______
SA 2312. Mr. MANCHIN (for himself and Mr. Risch) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3123. CIVIL NUCLEAR EXPORT ACT OF 2024.
(a) Short Title.--This section may be cited as the ``Civil
Nuclear Export Act of 2024''.
(b) Modification of Prohibition on Financing in the Export-
Import Bank of the United States.--Section 2(b)(5) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(5)) is
amended, in the first sentence, by inserting ``, except any
purchase that is otherwise permitted under an agreement made
in accordance with section 123 of the Atomic Energy Act of
1954 (42 U.S.C. 2153) or any other applicable law of the
United States,'' after ``(C) the purchase''.
(c) Expansion of Program on China and Transformational
Exports.--Section 2(l)(1)(B) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(l)(1)(B)) is amended--
(1) by redesignating clause (xi) as clause (xii); and
(2) by inserting after clause (x) the following:
``(xi) Civil nuclear facilities, material, and
technologies, and related goods and services that support the
development of an effective nuclear energy sector.''.
(d) Modification of Lending Cap.--Section 6(a) of the
Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is
amended--
(1) in paragraph (1), by striking ``applicable amount.''
and inserting ``applicable amount, unless the aggregate
amount that is in excess of the applicable amount--
``(A) is attributed by the Bank to loans, guarantees, and
insurance under the Program on China and Transformational
Exports pursuant to section 2(l); and
``(B) does not exceed $50,000,000,000.'';
(2) in paragraph (3)--
(A) in the header, by striking ``2'' and inserting ``4'';
and
(B) by striking ``2 percent'' each place it appears and
inserting ``4 percent''; and
(3) by adding at the end the following:
``(5) Authority to attribute loans, guarantees, and
insurance.--The Bank may attribute any loan, guarantee, or
insurance issued under the Program on China and
Transformational Exports pursuant to section 2(l) toward the
aggregate amount that is in excess of the applicable amount
described in paragraph (1) without regard to the date on
which the Bank issued such loan, guarantee, or insurance.''.
(e) Modification of Monitoring of Default Rates.--Section
8(g) of the Export-Import Bank Act of 1945 (12 U.S.C.
635g(g)) is amended--
(1) in paragraph (3), by striking ``2 percent'' each place
it appears and inserting ``4 percent'';
(2) in paragraph (4)(B), by striking ``2 percent'' and
inserting ``4 percent'';
(3) in paragraph (5)--
(A) in the header, by striking ``2'' and inserting ``4'';
and
(B) by striking ``2 percent'' and inserting ``4 percent'';
(4) in paragraph (6), by striking ``2 percent'' and
inserting ``4 percent''; and
(5) by adding at the end the following:
``(7) Exclusion of transactions relating to the program on
china and transformational exports.--For the purposes of this
subsection, if financing provided under the Program on China
and Transformational Exports pursuant to section 2(l) results
in the default rate calculated under paragraph (1) equaling
or exceeding 4 percent, the Bank may exclude such financing,
subject to the approval of the Board of Directors.''.
______
SA 2313. Mr. MANCHIN (for himself and Mr. Risch) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
[[Page S4653]]
Subtitle I--International Nuclear Energy Act of 2024
SEC. 1099A. SHORT TITLE.
This subtitle may be cited as the ``International Nuclear
Energy Act of 2024''.
SEC. 1099B. DEFINITIONS.
In this subtitle:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means--
(A) a nuclear fission reactor, including a prototype plant
(as defined in sections 50.2 and 52.1 of title 10, Code of
Federal Regulations (or successor regulations)), with
significant improvements compared to reactors operating on
October 19, 2016, including improvements such as--
(i) additional inherent safety features;
(ii) lower waste yields;
(iii) improved fuel and material performance;
(iv) increased tolerance to loss of fuel cooling;
(v) enhanced reliability or improved resilience;
(vi) increased proliferation resistance;
(vii) increased thermal efficiency;
(viii) reduced consumption of cooling water and other
environmental impacts;
(ix) the ability to integrate into electric applications
and nonelectric applications;
(x) modular sizes to allow for deployment that corresponds
with the demand for electricity or process heat; and
(xi) operational flexibility to respond to changes in
demand for electricity or process heat and to complement
integration with intermittent renewable energy or energy
storage;
(B) a fusion reactor; and
(C) a radioisotope power system that utilizes heat from
radioactive decay to generate energy.
(2) Ally or partner nation.--The term ``ally or partner
nation'' means--
(A) the Government of any country that is a member of the
Organisation for Economic Co-operation and Development;
(B) the Government of the Republic of India; and
(C) the Government of any country designated as an ally or
partner nation by the Secretary of State for purposes of this
subtitle.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Foreign Relations and Energy and
Natural Resources of the Senate; and
(B) the Committees on Foreign Affairs and Energy and
Commerce of the House of Representatives.
(4) Assistant.--The term ``Assistant'' means the Assistant
to the President and Director for International Nuclear
Energy Policy described in section 1099C(a)(1)(D).
(5) Associated entity.--The term ``associated entity''
means an entity that--
(A) is owned, controlled, or operated by--
(i) an ally or partner nation; or
(ii) an associated individual; or
(B) is organized under the laws of, or otherwise subject to
the jurisdiction of, a country described in paragraph (2),
including a corporation that is incorporated in a country
described in that paragraph.
(6) Associated individual.--The term ``associated
individual'' means a foreign national who is a national of a
country described in paragraph (2).
(7) Civil nuclear.--The term ``civil nuclear'' means
activities relating to--
(A) nuclear plant construction;
(B) nuclear fuel services;
(C) nuclear energy financing;
(D) nuclear plant operations;
(E) nuclear plant regulation;
(F) nuclear medicine;
(G) nuclear safety;
(H) community engagement in areas in reasonable proximity
to nuclear sites;
(I) infrastructure support for nuclear energy;
(J) nuclear plant decommissioning;
(K) nuclear liability;
(L) safe storage and safe disposal of spent nuclear fuel;
(M) environmental safeguards;
(N) nuclear nonproliferation and security; and
(O) technology related to the matters described in
subparagraphs (A) through (N).
(8) Embarking civil nuclear nation.--
(A) In general.--The term ``embarking civil nuclear
nation'' means a country that--
(i) does not have a civil nuclear energy program;
(ii) is in the process of developing or expanding a civil
nuclear energy program, including safeguards and a legal and
regulatory framework, for--
(I) nuclear safety;
(II) nuclear security;
(III) radioactive waste management;
(IV) civil nuclear energy;
(V) environmental safeguards;
(VI) community engagement in areas in reasonable proximity
to nuclear sites;
(VII) nuclear liability; or
(VIII) advanced nuclear reactor licensing;
(iii) is in the process of selecting, developing,
constructing, or utilizing advanced light water reactors,
advanced nuclear reactors, or advanced civil nuclear
technologies; or
(iv) had an annual per capita gross domestic product of not
more than $28,000 in 2020.
(B) Exclusions.--The term ``embarking civil nuclear
nation'' does not include--
(i) the People's Republic of China;
(ii) the Russian Federation;
(iii) the Republic of Belarus;
(iv) the Islamic Republic of Iran;
(v) the Democratic People's Republic of Korea;
(vi) the Republic of Cuba;
(vii) the Bolivarian Republic of Venezuela;
(viii) the Syrian Arab Republic;
(ix) Burma; or
(x) any other country--
(I) the property or interests in property of the government
of which are blocked pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.); or
(II) the government of which the Secretary of State has
determined has repeatedly provided support for acts of
international terrorism for purposes of--
(aa) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(bb) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d));
(cc) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
(dd) any other relevant provision of law.
(9) Nuclear safety.--The term ``nuclear safety'' means
issues relating to the design, construction, operation, or
decommissioning of nuclear facilities in a manner that
ensures adequate protection of workers, the public, and the
environment, including--
(A) the safe operation of nuclear reactors and other
nuclear facilities;
(B) radiological protection of--
(i) members of the public;
(ii) workers; and
(iii) the environment;
(C) nuclear waste management;
(D) emergency preparedness;
(E) nuclear liability; and
(F) the safe transportation of nuclear materials.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Spent nuclear fuel.--The term ``spent nuclear fuel''
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101).
(12) U.S. nuclear energy company.--The term ``U.S. nuclear
energy company'' means a company that--
(A) is organized under the laws of, or otherwise subject to
the jurisdiction of, the United States; and
(B) is involved in the nuclear energy industry.
SEC. 1099C. CIVIL NUCLEAR COORDINATION AND STRATEGY.
(a) White House Focal Point on Civil Nuclear
Coordination.--
(1) Sense of congress.--Given the critical importance of
developing and implementing, with input from various agencies
throughout the executive branch, a cohesive policy with
respect to international efforts related to civil nuclear
energy, it is the sense of Congress that--
(A) there should be a focal point within the White House,
which may, if determined to be appropriate, report to the
National Security Council, for coordination on issues
relating to those efforts;
(B) to provide that focal point, the President should
establish, within the Executive Office of the President, an
office, to be known as the ``Office of the Assistant to the
President and Director for International Nuclear Energy
Policy'' (referred to in this subsection as the ``Office'');
(C) the Office should act as a coordinating office for--
(i) international civil nuclear cooperation; and
(ii) civil nuclear export strategy;
(D) the Office should be headed by an individual appointed
as an Assistant to the President with the title of ``Director
for International Nuclear Energy Policy''; and
(E) the Office should--
(i) coordinate civil nuclear export policies for the United
States;
(ii) develop, in coordination with the officials described
in paragraph (2), a cohesive Federal strategy for engagement
with foreign governments (including ally or partner nations
and the governments of embarking civil nuclear nations),
associated entities, and associated individuals with respect
to civil nuclear exports;
(iii) coordinate with the officials described in paragraph
(2) to ensure that necessary framework agreements and trade
controls relating to civil nuclear materials and technologies
are in place for key markets; and
(iv) develop--
(I) a whole-of-government coordinating strategy for civil
nuclear cooperation;
(II) a whole-of-government strategy for civil nuclear
exports; and
(III) a whole-of-government approach to support appropriate
foreign investment in civil nuclear energy projects supported
by the United States in embarking civil nuclear nations.
(2) Officials described.--The officials referred to in
paragraph (1)(E) are--
(A) the appropriate officials of--
(i) the Department of State;
(ii) the Department of Energy;
(iii) the Department of Commerce;
(iv) the Department of Transportation;
(v) the Nuclear Regulatory Commission;
(vi) the Department of Defense;
(vii) the National Security Council;
(viii) the National Economic Council;
(ix) the Office of the United States Trade Representative;
(x) the Office of Management and Budget;
(xi) the Office of the Director of National Intelligence;
(xii) the Export-Import Bank of the United States;
[[Page S4654]]
(xiii) the United States International Development Finance
Corporation;
(xiv) the United States Agency for International
Development;
(xv) the United States Trade and Development Agency;
(xvi) the Office of Science and Technology Policy; and
(xvii) any other Federal agency that the President
determines to be appropriate; and
(B) appropriate officials representing foreign countries
and governments, including--
(i) ally or partner nations;
(ii) embarking civil nuclear nations; and
(iii) any other country or government that the Assistant
(if appointed) and the officials described in subparagraph
(A) jointly determine to be appropriate.
(b) Nuclear Exports Working Group.--
(1) Establishment.--There is established a working group,
to be known as the ``Nuclear Exports Working Group''
(referred to in this subsection as the ``working group'').
(2) Composition.--The working group shall be composed of--
(A) senior-level Federal officials, selected internally by
the applicable Federal agency or organization, from--
(i) the Department of State;
(ii) the Department of Commerce;
(iii) the Department of Energy;
(iv) the Department of the Treasury;
(v) the Export-Import Bank of the United States;
(vi) the United States International Development Finance
Corporation;
(vii) the Nuclear Regulatory Commission;
(viii) the Office of the United States Trade
Representative; and
(ix) the United States Trade and Development Agency; and
(B) other senior-level Federal officials, selected
internally by the applicable Federal agency or organization,
from any other Federal agency or organization that the
Secretary determines to be appropriate.
(3) Reporting.--The working group shall report to the
appropriate White House official, which may be the Assistant
(if appointed).
(4) Duties.--The working group shall coordinate, not less
frequently than quarterly, with the Civil Nuclear Trade
Advisory Committee of the Department of Commerce, the Nuclear
Energy Advisory Committee of the Department of Energy, and
other advisory or stakeholder groups, as necessary, to
maintain an accurate and up-to-date knowledge of the standing
of civil nuclear exports from the United States, including
with respect to meeting the targets established as part of
the 10-year civil nuclear trade strategy described in
paragraph (5)(A).
(5) Strategy.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the working group shall establish a
10-year civil nuclear trade strategy, including biennial
targets for the export of civil nuclear technologies,
including light water and non-light water reactors and
associated equipment and technologies, civil nuclear
materials, and nuclear fuel that align with meeting
international energy demand while seeking to avoid or reduce
emissions.
(B) Collaboration required.--In establishing the strategy
under subparagraph (A), the working group shall collaborate
with--
(i) the Secretary;
(ii) the Secretary of Commerce;
(iii) the Secretary of State;
(iv) the Secretary of the Treasury;
(v) the Nuclear Regulatory Commission;
(vi) the President of the Export-Import Bank of the United
States;
(vii) the Chief Executive Officer of the United States
International Development Finance Corporation;
(viii) the United States Trade Representative; and
(ix) representatives of private industry.
SEC. 1099D. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.
(a) In General.--The President shall launch, in accordance
with applicable nuclear technology export laws (including
regulations), an international initiative to modernize the
civil nuclear outreach to embarking civil nuclear nations.
(b) Financing.--In carrying out the initiative described in
subsection (a), the President, acting through an appropriate
Federal official, who may be the Assistant (if appointed) or
the Chief Executive Officer of the International Development
Finance Corporation, if determined to be appropriate, and in
coordination with the officials described in section
1099C(a)(2), may, if the President determines to be
appropriate, seek to establish cooperative financing
relationships for the export of civil nuclear technology,
components, materials, and infrastructure to embarking civil
nuclear nations.
(c) Activities.--In carrying out the initiative described
in subsection (a), the President shall--
(1) assist nongovernmental organizations and appropriate
offices, administrations, agencies, laboratories, and
programs of the Department of Energy and other relevant
Federal agencies and offices in providing education and
training to foreign governments in nuclear safety, security,
and safeguards--
(A) through engagement with the International Atomic Energy
Agency; or
(B) independently, if the applicable entity determines that
it would be more advantageous under the circumstances to
provide the applicable education and training independently;
(2) assist the efforts of the International Atomic Energy
Agency to expand the support provided by the International
Atomic Energy Agency to embarking civil nuclear nations for
nuclear safety, security, and safeguards;
(3) coordinate the work of the Chief Executive Officer of
the United States International Development Finance
Corporation and the Export-Import Bank of the United States
to expand outreach to the private investment community to
create public-private financing relationships to assist in
the adoption of civil nuclear technologies by embarking civil
nuclear nations, including through exports from the United
States;
(4) seek to better coordinate, to the maximum extent
practicable, the work carried out by each of--
(A) the Nuclear Regulatory Commission;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Nuclear Energy Agency;
(E) the International Atomic Energy Agency; and
(F) the nuclear regulatory agencies and organizations of
embarking civil nuclear nations and ally or partner nations;
and
(5) coordinate the work of the Export-Import Bank of the
United States to improve the efficient and effective
exporting and importing of civil nuclear technologies and
materials.
SEC. 1099E. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR
PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR
NATIONS.
(a) In General.--The President shall designate an
appropriate White House official, who may be the Assistant
(if appointed), and the Chief Executive Officer of the United
States International Development Finance Corporation to
coordinate with the officials described in section
1099C(a)(2) to develop, as the President determines to be
appropriate, financing relationships with ally or partner
nations to assist in the adoption of civil nuclear
technologies exported from the United States or ally or
partner nations to embarking civil nuclear nations.
(b) United States Competitiveness Clauses.--
(1) Definition of united states competitiveness clause.--In
this subsection, the term ``United States competitiveness
clause'' means any United States competitiveness provision in
any agreement entered into by the Department of Energy,
including--
(A) a cooperative agreement;
(B) a cooperative research and development agreement; and
(C) a patent waiver.
(2) Consideration.--In carrying out subsection (a), the
relevant officials described in that subsection shall
consider the impact of United States competitiveness clauses
on any financing relationships entered into or proposed to be
entered into under that subsection.
(3) Waiver.--The Secretary shall facilitate waivers of
United States competitiveness clauses as necessary to
facilitate financing relationships with ally or partner
nations under subsection (a).
SEC. 1099F. COOPERATION WITH ALLY OR PARTNER NATIONS ON
ADVANCED NUCLEAR REACTOR DEMONSTRATION AND
COOPERATIVE RESEARCH FACILITIES FOR CIVIL
NUCLEAR ENERGY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of State, in
coordination with the Secretary and the Secretary of
Commerce, shall conduct bilateral and multilateral meetings
with not fewer than 5 ally or partner nations, with the aim
of enhancing nuclear energy cooperation among those ally or
partner nations and the United States, for the purpose of
developing collaborative relationships with respect to
research, development, licensing, and deployment of advanced
nuclear reactor technologies for civil nuclear energy.
(b) Requirement.--The meetings described in subsection (a)
shall include--
(1) a focus on cooperation to demonstrate and deploy
advanced nuclear reactors, with an emphasis on U.S. nuclear
energy companies, during the 10-year period beginning on the
date of enactment of this Act to provide options for
addressing energy security and climate change; and
(2) a focus on developing a memorandum of understanding or
any other appropriate agreement between the United States and
ally or partner nations with respect to--
(A) the demonstration and deployment of advanced nuclear
reactors; and
(B) the development of cooperative research facilities.
(c) Financing Arrangements.--In conducting the meetings
described in subsection (a), the Secretary of State, in
coordination with the Secretary and the Secretary of
Commerce, shall seek to develop financing arrangements to
share the costs of the demonstration and deployment of
advanced nuclear reactors and the development of cooperative
research facilities with the ally or partner nations
participating in those meetings.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary, the Secretary of State,
and the Secretary of Commerce shall jointly submit to
Congress a report highlighting potential partners--
(1) for the establishment of cost-share arrangements
described in subsection (c); or
(2) with which the United States may enter into agreements
with respect to--
[[Page S4655]]
(A) the demonstration of advanced nuclear reactors; or
(B) cooperative research facilities.
SEC. 1099G. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION.
Section 959B of the Energy Policy Act of 2005 (42 U.S.C.
16279b) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary'' and inserting the following:
``(a) In General.--The Secretary'';
(2) in subsection (a) (as so designated)--
(A) in paragraph (1)--
(i) by striking ``financing,''; and
(ii) by striking ``and'' after the semicolon at the end;
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``preparations for'';
and
(ii) in subparagraph (C)(v), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(3) to support, in coordination with the Secretary of
State, the safe, secure, and peaceful use of civil nuclear
technology in countries developing nuclear energy programs,
with a focus on countries that have increased civil nuclear
cooperation with the Russian Federation or the People's
Republic of China; and
``(4) to promote the fullest utilization of the reactors,
fuel, equipment, services, and technology of U.S. nuclear
energy companies (as defined in section 1099B of the
International Nuclear Energy Act of 2024) in civil nuclear
energy programs outside the United States through--
``(A) bilateral and multilateral arrangements developed and
executed in coordination with the Secretary of State that
contain commitments for the utilization of the reactors,
fuel, equipment, services, and technology of U.S. nuclear
energy companies (as defined in that section);
``(B) the designation of 1 or more U.S. nuclear energy
companies (as defined in that section) to implement an
arrangement under subparagraph (A) if the Secretary
determines that the designation is necessary and appropriate
to achieve the objectives of this section;
``(C) the waiver of any provision of law relating to
competition with respect to any activity related to an
arrangement under subparagraph (A) if the Secretary, in
consultation with the Attorney General and the Secretary of
Commerce, determines that a waiver is necessary and
appropriate to achieve the objectives of this section; and
``(D) the issuance of loans, loan guarantees, other
financial assistance, or assistance in the form of an equity
interest to carry out activities related to an arrangement
under subparagraph (A), to the extent appropriated funds are
available.''; and
(3) by adding at the end the following:
``(b) Requirements.--The program under subsection (a) shall
be supported in consultation with the Secretary of State and
implemented by the Secretary--
``(1) to facilitate, to the maximum extent practicable,
workshops and expert-based exchanges to engage industry,
stakeholders, and foreign governments with respect to
international civil nuclear issues, such as--
``(A) training;
``(B) financing;
``(C) safety;
``(D) security;
``(E) safeguards;
``(F) liability;
``(G) advanced fuels;
``(H) operations; and
``(I) options for multinational cooperation with respect to
the disposal of spent nuclear fuel (as defined in section 2
of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101));
and
``(2) in coordination with--
``(A) the National Security Council;
``(B) the Secretary of State;
``(C) the Secretary of Commerce; and
``(D) the Nuclear Regulatory Commission.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out subsection
(a)(3) $15,500,000 for each of fiscal years 2024 through
2028.''.
SEC. 1099H. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of State, in
coordination with the Secretary and the Assistant (if
appointed), shall launch an international initiative
(referred to in this section as the ``initiative'') to
provide financial assistance to, and facilitate the building
of technical capacities by, in accordance with this section,
embarking civil nuclear nations for activities relating to
the development of civil nuclear energy programs.
(b) Financial Assistance.--
(1) In general.--In carrying out the initiative, the
Secretary of State, in coordination with the Secretary and
the Assistant (if appointed), may award grants of financial
assistance to embarking civil nuclear nations in accordance
with this subsection--
(A) for activities relating to the development of civil
nuclear energy programs; and
(B) to facilitate the building of technical capacities for
those activities.
(2) Amount.--The amount of a grant of financial assistance
under paragraph (1) shall be not more than $5,500,000.
(3) Limitations.--The Secretary of State, in coordination
with the Secretary and the Assistant (if appointed), may
award--
(A) not more than 1 grant of financial assistance under
paragraph (1) to any 1 embarking civil nuclear nation each
fiscal year; and
(B) not more than a total of 5 grants of financial
assistance under paragraph (1) to any 1 embarking civil
nuclear nation.
(c) Senior Advisors.--
(1) In general.--In carrying out the initiative, the
Secretary of State, in coordination with the Secretary and
the Assistant (if appointed), may provide financial
assistance to an embarking civil nuclear nation for the
purpose of contracting with a U.S. nuclear energy company to
hire 1 or more senior advisors to assist the embarking civil
nuclear nation in establishing a civil nuclear program.
(2) Requirement.--A senior advisor described in paragraph
(1) shall have relevant experience and qualifications to
advise the embarking civil nuclear nation on, and facilitate
on behalf of the embarking civil nuclear nation, 1 or more of
the following activities:
(A) The development of financing relationships.
(B) The development of a standardized financing and project
management framework for the construction of nuclear power
plants.
(C) The development of a standardized licensing framework
for--
(i) light water civil nuclear technologies; and
(ii) non-light water civil nuclear technologies and
advanced nuclear reactors.
(D) The identification of qualified organizations and
service providers.
(E) The identification of funds to support payment for
services required to develop a civil nuclear program.
(F) Market analysis.
(G) The identification of the safety, security, safeguards,
and nuclear governance required for a civil nuclear program.
(H) Risk allocation, risk management, and nuclear
liability.
(I) Technical assessments of nuclear reactors and
technologies.
(J) The identification of actions necessary to participate
in a global nuclear liability regime based on the Convention
on Supplementary Compensation for Nuclear Damage, with Annex,
done at Vienna September 12, 1997 (TIAS 15-415).
(K) Stakeholder engagement.
(L) Management of spent nuclear fuel and nuclear waste.
(M) Any other major activities to support the establishment
of a civil nuclear program, such as the establishment of
export, financing, construction, training, operations, and
education requirements.
(3) Clarification.--Financial assistance under this
subsection may be provided to an embarking civil nuclear
nation in addition to any financial assistance provided to
that embarking civil nuclear nation under subsection (b).
(d) Limitation on Assistance to Embarking Civil Nuclear
Nations.--Not later than 1 year after the date of enactment
of this Act, the Offices of the Inspectors General for the
Department of State and the Department of Energy shall
coordinate--
(1) to establish and submit to the appropriate committees
of Congress a joint strategic plan to conduct comprehensive
oversight of activities authorized under this section to
prevent fraud, waste, and abuse; and
(2) to engage in independent and effective oversight of
activities authorized under this section through joint or
individual audits, inspections, investigations, or
evaluations.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State to carry out the
initiative $50,000,000 for each of fiscal years 2024 through
2028.
SEC. 1099I. BIENNIAL CABINET-LEVEL INTERNATIONAL CONFERENCE
ON NUCLEAR SAFETY, SECURITY, SAFEGUARDS, AND
SUSTAINABILITY.
(a) In General.--The President, in coordination with
international partners, as determined by the President, and
industry, shall hold a biennial conference on civil nuclear
safety, security, safeguards, and sustainability (referred to
in this section as a ``conference'').
(b) Conference Functions.--It is the sense of Congress that
each conference should--
(1) be a forum in which ally or partner nations may engage
with each other for the purpose of reinforcing the commitment
to--
(A) nuclear safety, security, safeguards, and
sustainability;
(B) environmental safeguards; and
(C) local community engagement in areas in reasonable
proximity to nuclear sites; and
(2) facilitate--
(A) the development of--
(i) joint commitments and goals to improve--
(I) nuclear safety, security, safeguards, and
sustainability;
(II) environmental safeguards; and
(III) local community engagement in areas in reasonable
proximity to nuclear sites;
(ii) stronger international institutions that support
nuclear safety, security, safeguards, and sustainability;
(iii) cooperative financing relationships to promote
competitive alternatives to Chinese and Russian financing;
(iv) a standardized financing and project management
framework for the construction of civil nuclear power plants;
(v) a standardized licensing framework for civil nuclear
technologies;
(vi) a strategy to change internal policies of
multinational development banks, such as the World Bank, to
support the financing of civil nuclear projects;
[[Page S4656]]
(vii) a document containing any lessons learned from
countries that have partnered with the Russian Federation or
the People's Republic of China with respect to civil nuclear
power, including any detrimental outcomes resulting from that
partnership; and
(viii) a global civil nuclear liability regime;
(B) cooperation for enhancing the overall aspects of civil
nuclear power, such as--
(i) nuclear safety, security, safeguards, and
sustainability;
(ii) nuclear laws (including regulations);
(iii) waste management;
(iv) quality management systems;
(v) technology transfer;
(vi) human resources development;
(vii) localization;
(viii) reactor operations;
(ix) nuclear liability; and
(x) decommissioning; and
(C) the development and determination of the mechanisms
described in paragraphs (7) and (8) of section 1099J(a), if
the President intends to establish an Advanced Reactor
Coordination and Resource Center as described in that
section.
(c) Input From Industry and Government.--It is the sense of
Congress that each conference should include a meeting that
convenes nuclear industry leaders and leaders of government
agencies with expertise relating to nuclear safety, security,
safeguards, or sustainability to discuss best practices
relating to--
(1) the safe and secure use, storage, and transport of
nuclear and radiological materials;
(2) managing the evolving cyber threat to nuclear and
radiological security; and
(3) the role that the nuclear industry should play in
nuclear and radiological safety, security, and safeguards,
including with respect to the safe and secure use, storage,
and transport of nuclear and radiological materials,
including spent nuclear fuel and nuclear waste.
SEC. 1099J. ADVANCED REACTOR COORDINATION AND RESOURCE
CENTER.
(a) In General.--The President shall consider the
feasibility of leveraging existing activities or frameworks
or, as necessary, establishing a center, to be known as the
``Advanced Reactor Coordination and Resource Center''
(referred to in this section as the ``Center''), for the
purposes of--
(1) identifying qualified organizations and service
providers--
(A) for embarking civil nuclear nations;
(B) to develop and assemble documents, contracts, and
related items required to establish a civil nuclear program;
and
(C) to develop a standardized model for the establishment
of a civil nuclear program that can be used by the
International Atomic Energy Agency;
(2) coordinating with countries participating in the Center
and with the Nuclear Exports Working Group established under
section 1099C(b)--
(A) to identify funds to support payment for services
required to develop a civil nuclear program;
(B) to provide market analysis; and
(C) to create--
(i) project structure models;
(ii) models for electricity market analysis;
(iii) models for nonelectric applications market analysis;
and
(iv) financial models;
(3) identifying and developing the safety, security,
safeguards, and nuclear governance required for a civil
nuclear program;
(4) supporting multinational regulatory standards to be
developed by countries with civil nuclear programs and
experience;
(5) developing and strengthening communications,
engagement, and consensus-building;
(6) carrying out any other major activities to support
export, financing, education, construction, training, and
education requirements relating to the establishment of a
civil nuclear program;
(7) developing mechanisms for how to fund and staff the
Center; and
(8) determining mechanisms for the selection of the
location or locations of the Center.
(b) Objective.--The President shall carry out subsection
(a) with the objective of establishing the Center if the
President determines that it is feasible to do so.
SEC. 1099K. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED
STATES.
(a) Commercial Licenses.--Section 103 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the
second sentence--
(1) by inserting ``for a production facility'' after ``No
license''; and
(2) by striking ``any any'' and inserting ``any''.
(b) Medical Therapy and Research Development Licenses.--
Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C.
2134(d)) is amended, in the second sentence, by inserting
``for a production facility'' after ``No license''.
SEC. 1099L. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP.
(a) Establishment.--There is established a working group,
to be known as the ``Strategic Infrastructure Fund Working
Group'' (referred to in this section as the ``working
group'') to provide input on the feasibility of establishing
a program to support strategically important capital-
intensive infrastructure projects.
(b) Composition.--The working group shall be--
(1) led by a White House official, who may be the Assistant
(if appointed), who shall serve as the White House focal
point with respect to matters relating to the working group;
and
(2) composed of--
(A) senior-level Federal officials, selected by the head of
the applicable Federal agency or organization, from--
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Commerce;
(iv) the Department of Energy;
(v) the Export-Import Bank of the United States;
(vi) the United States International Development Finance
Corporation; and
(vii) the Nuclear Regulatory Commission;
(B) other senior-level Federal officials, selected by the
head of the applicable Federal agency or organization, from
any other Federal agency or organization that the Secretary
determines to be appropriate; and
(C) any senior-level Federal official selected by the White
House official described in paragraph (1) from any Federal
agency or organization.
(c) Reporting.--The working group shall report to the
National Security Council.
(d) Duties.--The working group shall--
(1) provide direction and advice to the officials described
in section 1099C(a)(2)(A) and appropriate Federal agencies,
as determined by the working group, with respect to the
establishment of a Strategic Infrastructure Fund (referred to
in this subsection as the ``Fund'') to be used--
(A) to support those aspects of projects relating to--
(i) civil nuclear technologies; and
(ii) microprocessors; and
(B) for strategic investments identified by the working
group; and
(2) address critical areas in determining the appropriate
design for the Fund, including--
(A) transfer of assets to the Fund;
(B) transfer of assets from the Fund;
(C) how assets in the Fund should be invested; and
(D) governance and implementation of the Fund.
(e) Report Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the working group shall submit to
the committees described in paragraph (2) a report on the
findings of the working group that includes suggested
legislative text for how to establish and structure a
Strategic Infrastructure Fund.
(2) Committees described.--The committees referred to in
paragraph (1) are--
(A) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, the Committee on Armed
Services, the Committee on Energy and Natural Resources, the
Committee on Environment and Public Works, and the Committee
on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, the Committee on Armed Services, the
Committee on Science, Space, and Technology, and the
Committee on Ways and Means of the House of Representatives.
(3) Administration of the fund.--The report submitted under
paragraph (1) shall include suggested legislative language
requiring all expenditures from a Strategic Infrastructure
Fund established in accordance with this section to be
administered by the Secretary of State (or a designee of the
Secretary of State).
SEC. 1099M. JOINT ASSESSMENT BETWEEN THE UNITED STATES AND
INDIA ON NUCLEAR LIABILITY RULES.
(a) In General.--The Secretary of State, in consultation
with the heads of other relevant Federal departments and
agencies, shall establish and maintain within the U.S.-India
Strategic Security Dialogue a joint consultative mechanism
with the Government of the Republic of India that convenes on
a recurring basis--
(1) to assess the implementation of the Agreement for
Cooperation between the Government of the United States of
America and the Government of India Concerning Peaceful Uses
of Nuclear Energy, signed at Washington October 10, 2008
(TIAS 08-1206);
(2) to discuss opportunities for the Republic of India to
align domestic nuclear liability rules with international
norms; and
(3) to develop a strategy for the United States and the
Republic of India to pursue bilateral and multilateral
diplomatic engagements related to analyzing and implementing
those opportunities.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 5 years,
the Secretary of State, in consultation with the heads of
other relevant Federal departments and agencies, shall submit
to the appropriate committees of Congress a report that
describes the joint assessment developed pursuant to
subsection (a)(1).
______
SA 2314. Mr. MANCHIN (for himself, Ms. Murkowski, and Mr. Schumer)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes;
[[Page S4657]]
which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Department of Energy AI
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy AI
Act''.
SEC. 1097. FINDINGS.
Congress finds that--
(1) the Department has a leading role to play in making the
most of the potential of artificial intelligence to advance
the missions of the Department relating to national security,
science, and energy (including critical materials);
(2) the 17 National Laboratories employ over 40,000
scientists, engineers, and researchers with decades of
experience developing world-leading advanced computational
algorithms, computer science research, experimentation, and
applications in machine learning that underlie artificial
intelligence;
(3) the NNSA manages the Stockpile Stewardship Program
established under section 4201 of the Atomic Energy Defense
Act (50 U.S.C. 2521), which includes the Advanced Simulation
and Computing program, that provides critical classified and
unclassified computing capabilities to sustain the nuclear
stockpile of the United States;
(4) for decades, the Department has led the world in the
design, construction, and operation of the preeminent high-
performance computing systems of the United States, which
benefit the scientific and economic competitiveness of the
United States across many sectors, including energy, critical
materials, biotechnology, and national security;
(5) across the network of 34 user facilities of the
Department, scientists generate tremendous volumes of high-
quality open data across diverse research areas, while the
NNSA has always generated the foremost datasets in the world
on nuclear deterrence and strategic weapons;
(6) the unrivaled quantity and quality of open and
classified scientific datasets of the Department is a unique
asset to rapidly develop frontier AI models;
(7) the Department already develops cutting-edge AI models
to execute the broad mission of the Department, including AI
models of the Department that are used to forecast disease
transmission for COVID-19, and address critical material
issues and emerging nuclear security missions;
(8) the AI capabilities of the Department will underpin and
jumpstart a dedicated, focused, and centralized AI program;
and
(9) under section 4.1(b) of Executive Order 14110 (88 Fed.
Reg. 75191 (November 1, 2023)) (relating to the safe, secure,
and trustworthy development and use of artificial
intelligence), the Secretary is tasked to lead development in
testbeds, national security protections, and assessment of
artificial intelligence applications.
SEC. 1098. DEFINITIONS.
In this subtitle:
(1) AI; artificial intelligence.--The terms ``AI'' and
``artificial intelligence'' have the meaning given the term
``artificial intelligence'' in section 5002 of the National
Artificial Intelligence Initiative Act of 2020 (15 U.S.C.
9401).
(2) Alignment.--The term ``alignment'' means a field of AI
safety research that aims to make AI systems behave in line
with human intentions.
(3) Department.--The term ``Department'' means the
Department of Energy, including the NNSA.
(4) Foundation model.--The term ``foundation model'' means
an AI model that--
(A) is trained on broad data;
(B) generally uses self-supervision;
(C) contains at least tens of billions of parameters; and
(D) is applicable across a wide range of contexts; and
(E) exhibits, or could be easily modified to exhibit, high
levels of performance at tasks that pose a serious risk to
the security, national economic security, or national public
health or safety of the United States.
(5) Frontier ai.--
(A) In general.--The term ``frontier AI'' means the leading
edge of AI research that remains unexplored and is considered
to be the most challenging, including models--
(i) that exceed the capabilities currently present in the
most advanced existing models; and
(ii) many of which perform a wide variety of tasks.
(B) Inclusion.--The term ``frontier AI'' includes AI models
with more than 1,000,000,000,000 parameters.
(6) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(7) NNSA.--The term ``NNSA'' means the National Nuclear
Security Administration.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(9) Testbed.--The term ``testbed'' means any platform,
facility, or environment that enables the testing and
evaluation of scientific theories and new technologies,
including hardware, software, or field environments in which
structured frameworks can be implemented to conduct tests to
assess the performance, reliability, safety, and security of
a wide range of items, including prototypes, systems,
applications, AI models, instruments, computational tools,
devices, and other technological innovations.
SEC. 1099. ARTIFICIAL INTELLIGENCE RESEARCH TO DEPLOYMENT.
(a) Program to Develop and Deploy Frontiers in Artificial
Intelligence for Science, Security, and Technology (FASST).--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
centralized AI program to carry out research on the
development and deployment of advanced artificial
intelligence capabilities for the missions of the Department
(referred to in this subsection as the ``program''),
consistent with the program established under section 5501 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 9461).
(2) Program components.--
(A) In general.--The program shall advance and support
diverse activities that include the following components:
(i) Aggregation, curation, and distribution of AI training
datasets.
(ii) Development and deployment of next-generation
computing platforms and infrastructure.
(iii) Development and deployment of safe and trustworthy AI
models and systems.
(iv) Tuning and adaptation of AI models and systems for
pressing scientific, energy, and national security
applications.
(B) Aggregation, curation, and distribution of ai training
datasets.--In carrying out the component of the program
described in subparagraph (A)(i), the Secretary shall develop
methods, platforms, protocols, and other tools required for
efficient, safe, and effective aggregation, generation,
curation, and distribution of AI training datasets,
including--
(i) assembling, aggregating, and curating large-scale
training data for advanced AI, including outputs from
research programs of the Department and other open science
data, with the goal of developing comprehensive scientific AI
training databases and testing and validation data;
(ii) developing and executing appropriate data management
plan for the ethical, responsible, and secure use of
classified and unclassified scientific data;
(iii) identifying, curating, and safely distributing, as
appropriate based on the application--
(I) scientific and experimental Departmental datasets; and
(II) sponsored research activities that are needed for the
training of foundation and adapted downstream AI models; and
(iv) partnering with stakeholders to curate critical
datasets that reside outside the Department but are
determined to be critical to optimizing the capabilities of
open-science AI foundation models, national security AI
foundation models, and other AI technologies developed under
the program.
(C) Development and deployment of next-generation computing
platforms and infrastructure.--In carrying out the component
of the program described in subparagraph (A)(ii), the
Secretary shall--
(i) develop early-stage AI testbeds to test and evaluate
new software, hardware, algorithms, and other AI-based
technologies and applications;
(ii) develop and deploy new energy-efficient AI computing
hardware and software infrastructure necessary for developing
and deploying trustworthy frontier AI systems that leverage
the high-performance computing capabilities of the Department
and the National Laboratories;
(iii) facilitate the development and deployment of
unclassified and classified high-performance computing
systems and AI platforms through Department-owned
infrastructure data and computing facilities;
(iv) procure high-performance computing and other resources
necessary for developing, training, evaluating, and deploying
AI foundation models and AI technologies; and
(v) use appropriate supplier screening tools available
through the Department to ensure that procurements under
clause (iv) are from trusted suppliers.
(D) Development and deployment of safe and trustworthy ai
models and systems.--In carrying out the component of the
program described in subparagraph (A)(iii), not later than 3
years after the date of enactment of this Act, the Secretary
shall--
(i) develop innovative concepts and applied mathematics,
computer science, engineering, and other science disciplines
needed for frontier AI;
(ii) develop best-in-class AI foundation models and other
AI technologies for open-science and national security
applications;
(iii) research and deploy counter-adversarial artificial
intelligence solutions to predict, prevent, mitigate, and
respond to threats to critical infrastructure, energy
security, and nuclear nonproliferation, and biological and
chemical threats;
(iv) establish crosscutting research efforts on AI risks,
reliability, safety, trustworthiness, and alignment,
including the creation of unclassified and classified data
platforms across the Department; and
(v) develop capabilities needed to ensure the safe and
responsible implementation of AI in the private and public
sectors that--
(I) may be readily applied across Federal agencies and
private entities to ensure that open-science models are
released responsibly, securely, and in the national interest;
and
(II) ensure that classified national security models are
secure, responsibly-managed, and safely implemented in the
national interest.
(E) Tuning and adaptation of ai models and systems for
pressing scientific and
[[Page S4658]]
national security applications.--In carrying out the
component of the program described in subparagraph (A)(iv),
the Secretary shall--
(i) use AI foundation models and other AI technologies to
develop a multitude of tuned and adapted downstream models to
solve pressing scientific, energy, and national security
challenges;
(ii) carry out joint work, including public-private
partnerships, and cooperative research projects with
industry, including end user companies, hardware systems
vendors, and AI software companies, to advance AI
technologies relevant to the missions of the Department;
(iii) form partnerships with other Federal agencies,
institutions of higher education, and international
organizations aligned with the interests of the United States
to advance frontier AI systems development and deployment;
and
(iv) increase research experiences and workforce
development, including training for undergraduate and
graduate students in frontier AI for science, energy, and
national security.
(3) Strategic plan.--In carrying out the program, the
Secretary shall develop a strategic plan with specific short-
term and long-term goals and resource needs to advance
applications in AI for science, energy, and national security
to support the missions of the Department, consistent with--
(A) the 2023 National Laboratory workshop report entitled
``Advanced Research Directions on AI for Science, Energy, and
Security''; and
(B) the 2024 National Laboratory workshop report entitled
``AI for Energy''.
(b) AI Research and Development Centers.--
(1) In general.--As part of the program established under
subsection (a), the Secretary shall select, on a competitive,
merit-reviewed basis, National Laboratories to establish and
operate not fewer than 8 multidisciplinary AI Research and
Development Centers (referred to in this subsection as
``Centers'')--
(A) to accelerate the safe and trustworthy deployment of AI
for science, energy, and national security missions;
(B) to demonstrate the use of AI in addressing key
challenge problems of national interest in science, energy,
and national security; and
(C) to maintain the competitive advantage of the United
States in AI.
(2) Focus.--Each Center shall bring together diverse teams
from National Laboratories, academia, and industry to
collaboratively and concurrently deploy hardware, software,
numerical methods, data, algorithms, and applications for AI
and ensure that the frontier AI research of the Department is
well-suited for key Department missions, including by using
existing and emerging computing systems to the maximum extent
practicable.
(3) Administration.--
(A) National laboratory.--Each Center shall be established
as part of a National Laboratory.
(B) Application.--To be eligible for selection to establish
and operate a Center under paragraph (1), a National
Laboratory shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(C) Director.--Each Center shall be headed by a Director,
who shall be the Chief Executive Officer of the Center and an
employee of the National Laboratory described in subparagraph
(A), and responsible for--
(i) successful execution of the goals of the Center; and
(ii) coordinating with other Centers.
(D) Technical roadmap.--In support of the strategic plan
developed under subsection (a)(3), each Center shall--
(i) set a research and innovation goal central to advancing
the science, energy, and national security mission of the
Department; and
(ii) establish a technical roadmap to meet that goal in not
more than 7 years.
(E) Coordination.--The Secretary shall coordinate, minimize
duplication, and resolve conflicts between the Centers.
(4) Funding.--Of the amounts made available under
subsection (h), each Center shall receive not less than
$30,000,000 per year for a duration of not less than 5 years
but not more than 7 years, which yearly amount may be renewed
for an additional 5-year period.
(c) AI Risk Evaluation and Mitigation Program.--
(1) AI risk program.--As part of the program established
under subsection (a), and consistent with the missions of the
Department, the Secretary, in consultation with the Secretary
of Homeland Security, the Secretary of Defense, the Director
of National Intelligence, the Director of the National
Security Agency, and the Secretary of Commerce, shall carry
out a comprehensive program to evaluate and mitigate safety
and security risks associated with artificial intelligence
systems (referred to in this subsection as the ``AI risk
program'').
(2) Risk taxonomy.--
(A) In general.--Under the AI risk program, the Secretary
shall develop a taxonomy of safety and security risks
associated with artificial intelligence systems relevant to
the missions of the Department, including, at a minimum, the
risks described in subparagraph (B).
(B) Risks described.--The risks referred to in subparagraph
(A) are the abilities of artificial intelligence--
(i) to generate information at a given classification
level;
(ii) to assist in generation of nuclear weapons
information;
(iii) to assist in generation of chemical, biological,
radiological, nuclear, nonproliferation, critical
infrastructure, and energy security threats or hazards;
(iv) to assist in generation of malware and other cyber and
adversarial threats that pose a significant national security
risk, such as threatening the stability of critical national
infrastructure;
(v) to undermine public trust in the use of artificial
intelligence technologies or in national security;
(vi) to deceive a human operator or computer system, or
otherwise act in opposition to the goals of a human operator
or automated systems; and
(vii) to act autonomously with little or no human
intervention in ways that conflict with human intentions.
(d) Shared Resources for AI.--
(1) In general.--As part of the program established under
subsection (a), the Secretary shall identify, support, and
sustain shared resources and enabling tools that have the
potential to accelerate the pace of scientific discovery and
technological innovation with respect to the missions of the
Department relating to science, energy, and national
security.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with relevant experts in industry,
academia, and the National Laboratories.
(3) Focus.--Shared resources and enabling tools referred to
in paragraph (1) shall include the following:
(A) Scientific data and knowledge bases for training AI
systems.
(B) Benchmarks and competitions for evaluating advances in
AI systems.
(C) Platform technologies that lower the cost of generating
training data or enable the generation of novel training
data.
(D) High-performance computing, including hybrid computing
systems that integrate AI and high-performance computing.
(E) The combination of AI and scientific automation, such
as cloud labs and self-driving labs.
(F) Tools that enable AI to solve inverse design problems.
(G) Testbeds for accelerating progress at the intersection
of AI and cyberphysical systems.
(e) Administration.--
(1) Research security.--The activities authorized under
this section shall be applied in a manner consistent with
subtitle D of title VI of the Research and Development,
Competition, and Innovation Act (42 U.S.C. 19231 et seq.).
(2) Cybersecurity.--The Secretary shall ensure the
integration of robust cybersecurity measures into all AI
research-to-deployment efforts authorized under this section
to protect the integrity and confidentiality of collected and
analyzed data.
(3) Partnerships with private entities.--
(A) In general.--The Secretary shall seek to establish
partnerships with private companies and nonprofit
organizations in carrying out this Act, including with
respect to the research, development, and deployment of each
of the 4 program components described in subsection
(a)(2)(A).
(B) Requirement.--In carrying out subparagraph (A), the
Secretary shall protect any information submitted to or
shared by the Department consistent with applicable laws
(including regulations).
(f) STEM Education and Workforce Development.--
(1) In general.--Of the amounts made available under
subsection (h), not less than 10 percent shall be used to
foster the education and training of the next-generation AI
workforce.
(2) AI talent.--As part of the program established under
subsection (a), the Secretary shall develop the required
workforce, and hire and train not fewer than 500 new
researchers to meet the rising demand for AI talent--
(A) with a particular emphasis on expanding the number of
individuals from underrepresented groups pursuing and
attaining skills relevant to AI; and
(B) including by--
(i) providing training, grants, and research opportunities;
(ii) carrying out public awareness campaigns about AI
career paths; and
(iii) establishing new degree and certificate programs in
AI-related disciplines at universities and community
colleges.
(g) Annual Report.--The Secretary shall submit to Congress
an annual report describing--
(1) the progress, findings, and expenditures under each
program established under this section; and
(2) any legislative recommendations for promoting and
improving each of those programs.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,400,000,000
each year for the 5-year period following the date of
enactment of this Act.
SEC. 1099A. FEDERAL PERMITTING.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program to improve Federal permitting processes for energy-
related projects, including critical materials projects,
using artificial intelligence.
[[Page S4659]]
(b) Program Components.--In carrying out the program
established under subsection (a), the Secretary shall carry
out activities, including activities that--
(1) analyze data and provide tools from past environmental
and other permitting reviews, including by--
(A) extracting data from applications for comparison with
data relied on in environmental reviews to assess the
adequacy and relevance of applications;
(B) extracting information from past site-specific analyses
in the area of a current project;
(C) summarizing key mitigation actions that have been
successfully applied in past similar projects; and
(D) using AI for deeper reviews of past determinations
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) to inform more flexible and effective
categorical exclusions; and
(2) build tools to improve future reviews, including--
(A) tools for project proponents that accelerate
preparation of environmental documentation;
(B) tools for government reviewers such as domain-specific
large language models that help convert geographic
information system or tabular data on resources potentially
impacted into rough-draft narrative documents;
(C) tools to be applied in nongovernmental settings, such
as automatic reviews of applications to assess the
completeness of information; and
(D) a strategic plan to implement and deploy online and
digital tools to improve Federal permitting activities,
developed in consultation with--
(i) the Secretary of the Interior;
(ii) the Secretary of Agriculture, with respect to National
Forest System land;
(iii) the Executive Director of the Federal Permitting
Improvement Steering Council established by section 41002(a)
of the FAST Act (42 U.S.C. 4370m-1(a)); and
(iv) the heads of any other relevant Federal department or
agency, as determined appropriate by the Secretary.
SEC. 1099B. RULEMAKING ON AI STANDARDIZATION FOR GRID
INTERCONNECTION.
Not later than 18 months after the date of enactment of
this Act, the Federal Energy Regulatory Commission shall
initiate a rulemaking to revise the pro forma Large Generator
Interconnection Procedures promulgated pursuant to section
35.28(f) of title 18, Code of Federal Regulations (or
successor regulations), to require public utility
transmission providers to share and employ, as appropriate,
queue management best practices with respect to the use of
computing technologies, such as artificial intelligence,
machine learning, or automation, in evaluating and processing
interconnection requests, in order to expedite study results
with respect to those requests.
SEC. 1099C. ENSURING ENERGY SECURITY FOR DATACENTERS AND
COMPUTING RESOURCES.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to Congress a report that--
(1) assesses--
(A) the growth of computing data centers and advanced
computing electrical power load in the United States;
(B) potential risks of growth in computing centers or
growth in the required electrical power to United States
energy and national security; and
(C) the extent to which emerging technologies, such as
artificial intelligence and advanced computing, may impact
hardware and software systems used at data and computing
centers; and
(2) provides recommendations for--
(A) resources and capabilities that the Department may
provide to promote access to energy resources by data centers
and advanced computing;
(B) policy changes to ensure domestic deployment of data
center and advanced computing resources prevents offshoring
of United States data and resources; and
(C) improving the energy efficiency of data centers,
advanced computing, and AI.
SEC. 1099D. OFFICE OF CRITICAL AND EMERGING TECHNOLOGY.
(a) In General.--Title II of the Department of Energy
Organization Act is amended by inserting after section 215
(42 U.S.C. 7144b) the following:
``SEC. 216. OFFICE OF CRITICAL AND EMERGING TECHNOLOGY.
``(a) Definitions.--In this section:
``(1) Critical and emerging technology.--The term `critical
and emerging technology' means--
``(A) advanced technology that is potentially significant
to United States competitiveness, energy security, or
national security, such as biotechnology, advanced computing,
and advanced manufacturing;
``(B) technology that may address the challenges described
in subsection (b) of section 10387 of the Research and
Development, Competition, and Innovation Act (42 U.S.C.
19107); and
``(C) technology described in the key technology focus
areas described in subsection (c) of that section (42 U.S.C.
19107).
``(2) Department capabilities.--The term `Department
capabilities' means--
``(A) each of the National Laboratories (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801)); and
``(B) each associated user facility of the Department.
``(3) Director.--The term `Director' means the Director of
Critical and Emerging Technology described in subsection (d).
``(4) Office.--The term `Office' means the Office of
Critical and Emerging Technology established by subsection
(b).
``(b) Establishment.--There shall be within the Office of
the Under Secretary for Science and Innovation an Office of
Critical and Emerging Technology.
``(c) Mission.--The mission of the Office shall be--
``(1) to work across the entire Department to assess and
analyze the status of and gaps in United States
competitiveness, energy security, and national security
relating to critical and emerging technologies, including
through the use of Department capabilities;
``(2) to leverage Department capabilities to provide for
rapid response to emerging threats and technological surprise
from new emerging technologies;
``(3) to promote greater participation of Department
capabilities within national science policy and international
forums; and
``(4) to inform the direction of research and policy
decisionmaking relating to potential risks of adoption and
use of emerging technologies, such as inadvertent or
deliberate misuses of technology.
``(d) Director of Critical and Emerging Technology.--The
Office shall be headed by a director, to be known as the
`Director of Critical and Emerging Technology', who shall--
``(1) be appointed by the Secretary; and
``(2) be an individual who, by reason of professional
background and experience, is specially qualified to advise
the Secretary on matters pertaining to critical and emerging
technology.
``(e) Collaboration.--In carrying out the mission and
activities of the Office, the Director shall closely
collaborate with all relevant Departmental entities,
including the National Nuclear Security Administration and
the Office of Science, to maximize the computational
capabilities of the Department and minimize redundant
capabilities.
``(f) Coordination.--In carrying out the mission and
activities of the Office, the Director--
``(1) shall coordinate with senior leadership across the
Department and other stakeholders (such as institutions of
higher education and private industry);
``(2) shall ensure the coordination of the Office of
Science with the other activities of the Department relating
to critical and emerging technology, including the transfer
of knowledge, capabilities, and relevant technologies, from
basic research programs of the Department to applied research
and development programs of the Department, for the purpose
of enabling development of mission-relevant technologies;
``(3) shall support joint activities among the programs of
the Department;
``(4) shall coordinate with the heads of other relevant
Federal agencies operating under existing authorizations with
subjects related to the mission of the Office described in
subsection (c) in support of advancements in related research
areas, as the Director determines to be appropriate; and
``(5) may form partnerships to enhance the use of, and to
ensure access to, user facilities by other Federal agencies.
``(g) Planning, Assessment, and Reporting.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Department of Energy AI Act, the
Secretary shall submit to Congress a critical and emerging
technology action plan and assessment, which shall include--
``(A) a review of current investments, programs,
activities, and science infrastructure of the Department,
including under National Laboratories, to advance critical
and emerging technologies;
``(B) a description of any shortcomings of the capabilities
of the Department that may adversely impact national
competitiveness relating to emerging technologies or national
security; and
``(C) a budget projection for the subsequent 5 fiscal years
of planned investments of the Department in each critical and
emerging technology, including research and development,
infrastructure, pilots, test beds, demonstration projects,
and other relevant activities.
``(2) Updates.--Every 2 years after the submission of the
plan and assessment under paragraph (1), the Secretary shall
submit to Congress--
``(A) an updated emerging technology action plan and
assessment; and
``(B) a report that describes the progress made toward
meeting the goals set forth in the emerging technology action
plan and assessment submitted previously.''.
(b) Clerical Amendment.--The table of contents for the
Department of Energy Organization Act (Public Law 95-91; 91
Stat. 565; 119 Stat. 764; 133 Stat. 2199) is amended by
inserting after the item relating to section 215 the
following:
``Sec. 216. Office of Critical and Emerging Technology.''.
______
SA 2315. Mr. KAINE (for himself and Mr. Young) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy,
[[Page S4660]]
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. DR. LORNA BREEN HEALTH CARE PROVIDER PROTECTION
REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Dr.
Lorna Breen Health Care Provider Protection Reauthorization
Act''.
(b) Dissemination of Best Practices.--Section 2 of the Dr.
Lorna Breen Health Care Provider Protection Act (Public Law
117-105) is amended--
(1) by striking ``of this Act'' and inserting ``of the Dr.
Lorna Breen Health Care Provider Protection Reauthorization
Act''; and
(2) by inserting ``and prevent substance use and misuse''
after ``promote their mental health''.
(c) Education and Awareness Initiative Encouraging Use of
Mental Health and Substance Use Disorder Services by Health
Care Professionals.--Section 3 of the Dr. Lorna Breen Health
Care Provider Protection Act (Public Law 117-105) is
amended--
(1) in subsection (b), by inserting ``and annually
thereafter,'' after ``of this Act,''; and
(2) in subsection (c), by striking ``2022 through 2024''
and inserting ``2025 through 2029''.
(d) Programs to Promote Mental Health Among the Health
Professional Workforce.--The second section 764 of the Public
Health Service Act (42 U.S.C. 294t), as added by section 4 of
the Dr. Lorna Breen Health Care Provider Protection Act
(Public Law 117-105), is amended--
(1) by redesignating such section 764 as section 764A;
(2) in subsection (a)(3)--
(A) by striking ``to eligible entities in'' and inserting
``to eligible entities that--
``(A) are in'';
(B) by striking the period and inserting ``; or''; and
(C) by adding at the end the following:
``(B) have a focus on the reduction of administrative
burden on health care workers.'';
(3) in subsection (c), by inserting ``not less than'' after
``period of''; and
(4) in subsection (f), by striking ``2022 through 2024''
and inserting ``2025 through 2029''.
______
SA 2316. Ms. KLOBUCHAR (for herself and Mr. Young) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 562. REIMBURSEMENT OF APPLICANTS FOR UNIFORM MILITARY
SERVICE FOR CO-PAYS OF MEDICAL APPOINTMENTS
REQUIRED AS PART OF MEPS PROCESS.
The Secretary of Defense is authorized to reimburse
applicants for uniformed military service for up to $100 per
applicant for co-payment costs incurred by such applicants
for medical appointments required as part of the Military
Entrance Processing Station (MEPS) process.
______
SA 2317. Ms. KLOBUCHAR (for herself, Mr. Barrasso, Ms. Smith, and Ms.
Lummis) submitted an amendment intended to be proposed by her to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title I, insert
the following:
SEC. ____. INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--Section 146(a)(3)(B) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2455), as
amended by section 134(a) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31;
137 Stat. 173), is further amended by striking ``2024'' and
inserting ``2025''.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to
National Guard.--Section 146(b)(1) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 2455), as amended by section
134(b) of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118-31; 137 Stat. 173), is further
amended by striking ``fiscal years 2023 and 2024'' and
inserting ``fiscal years 2023, 2024, and 2025.''
______
SA 2318. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. ADDITIONAL CERTIFICATION REQUIREMENTS FOR CERTAIN
PURCHASES OF DEFENSE ARTICLES, DEFENSE
SERVICES, AND MAJOR DEFENSE EQUIPMENT.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776)
is amended by adding at the end the following new subsection:
``(j) Certain Additional Purchases Subject to
Certification.--A purchase by a foreign country of defense
articles, defense services, or major defense equipment that,
when combined with other such purchases by such country
during the preceding 180-day period, exceeds the dollar
amount thresholds specified in subsection (b) or (c) shall be
subject to the certification requirements under such
subsection, as applicable.''.
______
SA 2319. Mr. VAN HOLLEN submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, insert the following:
SEC. ____. NOMINATION IN EVENT OF DEATH, RESIGNATION, OR
EXPULSION FROM OFFICE OF MEMBER OF CONGRESS
OTHERWISE AUTHORIZED TO NOMINATE.
(a) In General.--Chapter 513 of title 46, United States
Code, is amended by inserting after section 51302 the
following new section:
``Sec. 51302a. Nomination in event of death, resignation, or
expulsion from office of Member of Congress otherwise
authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 51302(b)(1) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations
for cadets otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Member of the House
of Representatives from a State does not submit nominations
for cadets for an academic year in accordance with section
51302(b)(2) of this title due to death, resignation from
office, or expulsion from office and the date of the
swearing-in of the Representative's successor as
Representative occurs after the date of the deadline for
submittal of nominations for cadets for the academic year,
the nominations for cadets otherwise authorized to be made by
the Representative pursuant to such section shall be made
instead by the Senators from the State of the congressional
district concerned, with such nominations divided equally
among such Senators and any remainder going to the senior
Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Member pursuant to this section is not a
reallocation of a nomination. Such nominations are made in
lieu of a Member not submitting nominations for cadets for an
academic year in accordance with section 51302 of this title
due to death, resignation from office, or expulsion from
office and the date of the swearing-in of the Member's
successor occurs after the date of the deadline for submittal
of nominations for cadets for the academic year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 513 of such title is amended by
inserting after the item relating to section 51302 the
following new item:
``51302a. Nomination in event of death, resignation, or expulsion from
office of Member of Congress otherwise authorized to
nominate''.
______
SA 2320. Ms. HIRONO (for herself and Mr. Cruz) submitted an amendment
intended to be proposed by her to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. TEMPORARY JUDGESHIPS IN THE DISTRICT COURTS.
(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
[[Page S4661]]
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
section, 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 section.
(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'';
(9) by striking the items relating to North Carolina and
inserting the following:
``North Carolina:
Eastern.............................. 4
Middle............................... 4
[[Page S4662]]
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 2321. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. EXPANDING ELIGIBILITY FOR CERTAIN CONTRACTS.
(a) Competitive Thresholds.--Section 8018 of title VIII of
division A of the Department of Defense Appropriations Act,
2007 (15 U.S.C. 637 note) is amended by striking ``with
agencies of the Department of Defense'' and inserting ``with
agencies and departments of the Federal Government''.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, in order to carry out the amendments
made by subsection (a)--
(1) the Administrator of the Small Business Administration,
in consultation with the Administrator for Federal
Procurement Policy, shall promulgate regulations; and
(2) the Federal Acquisition Regulatory Council established
under section 1302(a) of title 41, United States Code, shall
amend the Federal Acquisition Regulation.
______
SA 2322. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. MICROLOAN PROGRAM DEFINITIONS.
Section 7(m)(11) of the Small Business Act (15 U.S.C.
636(m)(11)) is amended--
(1) in subparagraph (C)(ii), by striking the period at the
end and inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and American
Samoa.''.
______
SA 2323. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 829. MODIFICATION OF JUSTIFICATION AND APPROVAL
REQUIREMENT FOR SOLE SOURCE CONTRACTS.
(a) In General.--Section 811(a) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 41
U.S.C. 3304 note) is amended by striking ``$20,000,000'' and
inserting ``$100,000,000''.
(b) Comptroller General Review.--
(1) Data tracking and collection.--The head of an agency
shall track the use of the authority under such section
811(a), as modified by subsection (a), and make the data
available to the Comptroller General for purposes of the
report required under paragraph (2).
(2) Report.--Not later than March 1, 2027, the Comptroller
General of the United States shall submit a report to the
congressional defense committees on the use of the authority
under such section 811(a), as modified by subsection (a),
through the end of fiscal year 2026. The report shall
include--
(A) a review of the financial effect of the authority under
such section 811(a), as modified by subsection (a), on the
native corporations and businesses and associated native
communities;
(B) a description of the nature and extent of contracts
excluded from the justification and approval requirement of
such section 811(a), as modified by subsection (a); and
(C) any other matter the Comptroller General deems
appropriate.
______
SA 2324. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VII, add the following:
SEC. 735. TRICARE COVERAGE FOR INCREASED SUPPLY OF
CONTRACEPTION.
(a) In General.--Beginning not later than 180 days after
the date of the enactment of the Act, contraceptive supplies
of up to 365 days shall be covered under the TRICARE program
as follows:
(1) Coverage shall be provided for any eligible covered
beneficiary to obtain, including in a single fill or refill,
at the option of such beneficiary, the total days of supply
(not to exceed a 365-day supply) for a contraceptive on the
uniform formulary provided through a pharmacy at a military
medical treatment facility, a retail pharmacy described in
section 1074g(a)(2)(E)(ii) of title 10, United States Code,
or through the national mail-order pharmacy program of the
TRICARE program.
(2) Coverage shall be provided for the total days supply
(not to exceed a 365-day supply) of contraception, including
in a single fill or refill, at the option of an eligible
covered beneficiary, for a contraceptive that is provided by
a network provider under the TRICARE program to such
beneficiary, excluding--
(A) a member of the Coast Guard; or
(B) an individual who is a beneficiary because such
individual is a dependent of a member of the Coast Guard.
(3) Coverage shall be provided for the total days supply
(not to exceed a 365-day supply) of contraception, including
in a single fill or refill, at the option of an eligible
covered beneficiary, for a contraceptive that is provided
under TRICARE Prime to any such beneficiary, excluding--
(A) a member of the Coast Guard; or
(B) an individual who is a beneficiary because such
individual is a dependent of a member of the Coast Guard.
(b) Outreach.--Beginning not later than 90 days after the
implementation of coverage under subsection (a), the
Secretary shall conduct such outreach activities as are
necessary to inform health care providers and individuals who
are enrolled in the TRICARE program of such coverage and the
requirements to receive such coverage.
(c) Definitions.--In this section:
(1) Eligible covered beneficiary.--The term ``eligible
covered beneficiary'' has the meaning given that term in
section 1074g(i) of title 10, United States Code, excluding--
(A) a member of the Coast Guard, the commissioned corps of
the National Oceanic and Atmospheric Administration, or the
commissioned corps of the Public Health Service; or
(B) an individual who is an eligible covered beneficiary
because such individual is a dependent of a member described
in subparagraph (A).
(2) TRICARE program; tricare prime.--The terms ``TRICARE
program'' and ``TRICARE Prime'' have the meanings given those
terms in section 1072 of title 10, United States Code.
______
SA 2325. Mr. KING (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
[[Page S4663]]
At the end of subtitle H of title X, add the following:
SEC. 1095. NORDIC TRADER AND INVESTOR PARITY.
(a) Findings.--Congress makes the following findings:
(1) The United States and Iceland have a long and steady
bilateral relationship.
(2) Diplomatic relations between Iceland and the United
States may be traced back to July 7, 1941, on which date
members of the United States Armed Forces arrived in Iceland
as part of--
(A) a bilateral defense agreement; and
(B) Presidential Proclamation 2487, dated May 27, 1941
(relating to an unlimited national emergency in the United
States).
(3) On June 17, 1944, the United States was the first
country to recognize the independent Republic of Iceland.
(4) In 1949, Iceland became a founding member of the North
Atlantic Treaty Organization.
(5) On May 5, 1951, the United States and Iceland entered
into the bilateral Defense agreement pursuant to the North
Atlantic Treaty signed at Reykjavik May 5, 1951 (2 UST 1195;
TIAS 2266), which provides for the defense of Iceland.
(6) The United States is the largest trading partner of
Iceland, accounting for approximately 20 percent of Iceland's
total trade in goods and services.
(7) Iceland serves the commercial and trading interests of
the United States economy, and Icelandic companies bring
investments and jobs to the United States.
(8) With \1/3\ of all visitors to Iceland arriving from the
United States, Iceland is a growing tourist destination for
the people of the United States. A visa is not required for
United States citizens seeking to visit Iceland.
(9) Treaty trader visas (commonly referred to as ``E-1
visas'') and treaty investor visas (commonly referred to as
``E-2 visas'')--
(A) were established to facilitate and enhance economic
interactions between the United States and other countries;
and
(B) are temporary nonimmigrant visas that may be issued to
nationals of a country with which the United States maintains
a treaty of friendship, commerce, and navigation.
(10) An E-1 visa may be issued to an individual seeking to
enter the United States for the purpose of engaging in
substantial trade. An E-2 visa may be issued to an individual
seeking to enter the United States for the purpose of
developing and directing the operations of an enterprise in
which the individual has invested.
(11) Eligibility for E-1 and E-2 nonimmigrant visas for
citizens and nationals of Iceland is critical to facilitating
Icelandic business and investment in the United States, and
such eligibility will benefit the economies of both the
United States and Iceland.
(12) Nationals of more than 80 countries are eligible for
E-1 or E-2 visas.
(13) Iceland is the only Nordic partner whose nationals are
not eligible for such visas.
(14) Iceland is 1 of only 3 North Atlantic Treaty
Organization member countries whose nationals are not
eligible for such visas.
(15) Iceland is one of very few United States allies whose
nationals do not benefit from treaty trader and investor
visas. Providing eligibility for such visas to nationals of
Iceland would ensure parity between Iceland and other
countries with which the United States maintains treaties of
friendship, commerce, and navigation.
(16) Iceland does not place barriers on United States
investors or traders wishing to enter the Icelandic market.
(17) Adding Iceland to the list of countries whose
nationals are eligible for E-1 and E-2 nonimmigrant visas
would--
(A) improve the strong relationship between the United
States and Iceland; and
(B) promote and increase investment in the United States by
nationals of Iceland.
(b) Eligibility of Icelandic Traders and Investors for E-1
and E-2 Nonimmigrant Visas.--For purposes of clauses (i) and
(ii) of section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Iceland shall be
considered to be a foreign state under such section if the
Government of Iceland provides similar nonimmigrant status to
nationals of the United States.
______
SA 2326. Mrs. MURRAY (for herself and Mr. Budd) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. WAIVER WITH RESPECT TO EXPERIENCED NURSES AT
MILITARY MEDICAL TREATMENT FACILITIES.
(a) In General.--The hiring manager of a military medical
treatment facility or other health care facility of the
Department of Defense may waive any General Schedule
qualification standard related to work experience established
by the Director of the Office of Personnel Management in the
case of any applicant for a nursing or practical nurse
position in a medical treatment facility or other health care
facility the Department of Defense who--
(1)(A) is a nurse or practical nurse in the Department of
Defense; or
(B) was a nurse or practical nurse in the Department of
Defense for at least 1 year; and
(2) after commencing work as a nurse or practical nurse in
the Department of Defense, obtained an associate's degree, a
bachelor's degree, or a graduate degree from an accredited
professional nursing educational program.
(b) Certification.--If, in the case of any applicant
described in subsection (a), a hiring manager waives a
qualification standard in accordance with such subsection,
such hiring manager shall submit to the Director of the
Office of Personnel Management a certification that such
applicant meets all remaining General Schedule qualification
standards established by the Director of the Office of
Personnel Management for the applicable position.
______
SA 2327. Mr. BROWN (for himself and Mr. Braun) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. GUARANTEED BENEFIT CALCULATION FOR CERTAIN PLANS.
Subtitle B of title IV of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1321 et seq.) is amended by
adding at the end the following:
``SEC. 4024. GUARANTEED BENEFIT CALCULATION FOR CERTAIN
PLANS.
``(a) In General.--
``(1) Increase to full vested plan benefit.--
``(A) In general.--For purposes of determining what
benefits are guaranteed under section 4022 with respect to an
eligible participant or beneficiary under a covered plan
specified in paragraph (4) in connection with the termination
of such plan, the amount of monthly benefits shall be equal
to the full vested plan benefit with respect to the
participant.
``(B) No effect on previous determinations.--Nothing in
this section shall be construed to change the allocation of
assets and recoveries under sections 4044(a) and 4022(c) as
previously determined by the corporation for the covered
plans specified in paragraph (4), and the corporation's
applicable rules, practices, and policies on benefits payable
in terminated single-employer plans shall, except as
otherwise provided in this section, continue to apply with
respect to such covered plans.
``(2) Recalculation of certain benefits.--
``(A) In general.--In any case in which the amount of
monthly benefits with respect to an eligible participant or
beneficiary described in paragraph (1) was calculated prior
to the date of enactment of this section, the corporation
shall recalculate such amount pursuant to paragraph (1), and
shall adjust any subsequent payments of such monthly benefits
accordingly, as soon as practicable after such date.
``(B) Lump-sum payments of past-due benefits.--Not later
than 180 days after the date of enactment of this section,
the corporation, in consultation with the Secretary of the
Treasury and the Secretary of Labor, shall make a lump-sum
payment to each eligible participant or beneficiary whose
guaranteed benefits are recalculated under subparagraph (A)
in an amount equal to--
``(i) in the case of an eligible participant, the excess
of--
``(I) the total of the full vested plan benefits of the
participant for all months for which such guaranteed benefits
were paid prior to such recalculation, over
``(II) the sum of any applicable payments made to the
eligible participant; and
``(ii) in the case of an eligible beneficiary, the sum of--
``(I) the amount that would be determined under clause (i)
with respect to the participant of which the eligible
beneficiary is a beneficiary if such participant were still
in pay status; plus
``(II) the excess of--
``(aa) the total of the full vested plan benefits of the
eligible beneficiary for all months for which such guaranteed
benefits were paid prior to such recalculation, over
``(bb) the sum of any applicable payments made to the
eligible beneficiary.
Notwithstanding the previous sentence, the corporation shall
increase each lump-sum payment made under this subparagraph
to account for foregone interest in an amount determined by
the corporation designed to reflect a 6 percent annual
interest rate on each past-due amount attributable to the
underpayment of guaranteed benefits for each month prior to
such recalculation.
``(C) Eligible participants and beneficiaries.--
``(i) In general.--For purposes of this section, an
eligible participant or beneficiary is a participant or
beneficiary who--
[[Page S4664]]
``(I) as of the date of the enactment of this section, is
in pay status under a covered plan or is eligible for future
payments under such plan;
``(II) has received or will receive applicable payments in
connection with such plan (within the meaning of clause (ii))
that does not exceed the full vested plan benefits of such
participant or beneficiary; and
``(III) is not covered by the 1999 agreements between
General Motors and various unions providing a top-up benefit
to certain hourly employees who were transferred from the
General Motors Hourly-Rate Employees Pension Plan to the
Delphi Hourly-Rate Employees Pension Plan.
``(ii) Applicable payments.--For purposes of this
paragraph, applicable payments to a participant or
beneficiary in connection with a plan consist of the
following:
``(I) Payments under the plan equal to the normal benefit
guarantee of the participant or beneficiary.
``(II) Payments to the participant or beneficiary made
pursuant to section 4022(c) or otherwise received from the
corporation in connection with the termination of the plan.
``(3) Definitions.--For purposes of this subsection--
``(A) Full vested plan benefit.--The term `full vested plan
benefit' means the amount of monthly benefits that would be
guaranteed under section 4022 as of the date of plan
termination with respect to an eligible participant or
beneficiary if such section were applied without regard to
the phase-in limit under subsection (b)(1) of such section
and the maximum guaranteed benefit limitation under
subsection (b)(3) of such section (including the accrued-at-
normal limitation).
``(B) Normal benefit guarantee.--The term `normal benefit
guarantee' means the amount of monthly benefits guaranteed
under section 4022 with respect to an eligible participant or
beneficiary without regard to this section.
``(4) Covered plans.--The covered plans specified in this
paragraph are the following:
``(A) The Delphi Hourly-Rate Employees Pension Plan.
``(B) The Delphi Retirement Program for Salaried Employees.
``(C) The PHI Non-Bargaining Retirement Plan.
``(D) The ASEC Manufacturing Retirement Program.
``(E) The PHI Bargaining Retirement Plan.
``(F) The Delphi Mechatronic Systems Retirement Program.
``(5) Treatment of pbgc determinations.--Any determination
made by the corporation under this section concerning a
recalculation of benefits or lump-sum payment of past-due
benefits shall be subject to administrative review by the
corporation. Any new determination made by the corporation
under this section shall be governed by the same
administrative review process as any other benefit
determination by the corporation.
``(b) Trust Fund for Payment of Increased Benefits.--
``(1) Establishment.--There is established in the Treasury
a trust fund to be known as the `Delphi Full Vested Plan
Benefit Trust Fund' (referred to in this subsection as the
`Fund'), consisting of such amounts as may be appropriated or
credited to the Fund as provided in this section.
``(2) Funding.--There is appropriated, out of amounts in
the Treasury not otherwise appropriated, such amounts as are
necessary for the costs of payments of the portions of
monthly benefits guaranteed to participants and beneficiaries
pursuant to subsection (a) and for necessary administrative
and operating expenses of the corporation relating to such
payments. The Fund shall be credited with amounts from time
to time as the Secretary of the Treasury, in coordination
with the Director of the corporation, determines appropriate,
out of amounts in the Treasury not otherwise appropriated.
``(3) Expenditures from fund.--Amounts in the Fund shall be
available for the payment of the portion of monthly benefits
guaranteed to a participant or beneficiary pursuant to
subsection (a) and for necessary administrative and operating
expenses of the corporation relating to such payment.
``(c) Regulations.--The corporation, in consultation with
the Secretary of the Treasury and the Secretary of Labor, may
issue such regulations as necessary to carry out this
section.''.
______
SA 2328. Mr. KELLY (for himself and Mr. Romney) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. WILDFIRE MITIGATION, MANAGEMENT, AND RECOVERY.
(a) State, Local, and Tribal Matching Funds Waiver and
Reduction Authority.--
(1) In general.--The Secretary of Agriculture, the
Secretary of the Interior, or the Administrator of the
Federal Emergency Management Agency Administrator (referred
to in this section as the ``FEMA Administrator'') may reduce
or waive applicant matching or cost-sharing requirements
applicable to funds provided by the Secretary of Agriculture,
the Secretary of the Interior, or the FEMA Administrator,
respectively, to a State, Indian Tribe, county, municipality,
or other unit of local government for--
(A) planning or implementing a wildfire mitigation or
management project to reduce the risk of wildfire;
(B) preparing a needs assessment in preparation for post-
wildfire cascading impacts before a wildfire occurs; or
(C) planning or implementing post-wildfire recovery
projects on land in the State, county, municipality, or other
unit of local government or on land of the Indian Tribe.
(2) Limitation.--The amount that the Secretary of
Agriculture, the Secretary of the Interior, or the FEMA
Administrator, as applicable, may reduce or waive under
paragraph (1) shall not exceed the amount that the applicable
State, Indian Tribe, county, municipality, or other unit of
local government expended on the activities described in that
paragraph.
(3) Inclusions.--Amounts described in paragraph (2) may
include amounts used for activities described in paragraph
(1) that were collected by a State, Indian Tribe, county,
municipality, or other unit of local government from--
(A) the sale of bonds;
(B) sales taxes, property taxes, income taxes, or other tax
revenue sources;
(C) the pooling of contributions from customers of a quasi-
governmental utility; or
(D) conservation finance agreements.
(b) Wood Processing Inventory.--
(1) Definition of secretary.--In this subsection, the term
``Secretary'' means the Secretary of Agriculture, in
coordination with the Secretary of the Interior.
(2) Inventory, studies, and report.--The Secretary shall--
(A) conduct an inventory of wood processing facilities,
including sawmills and biomass utilization facilities, in
each region of the United States, as determined by the
Secretary;
(B) conduct additional economic studies, workforce studies,
and biomass feasibility studies to better understand
solutions to the development and redevelopment of regional
wood products markets, as the Secretary determines to be
appropriate;
(C) identify each region described in subparagraph (A)
that--
(i) is at high risk of wildfire, as determined by the
Secretary; and
(ii) does not have a wood processing facility or needs
additional wood processing infrastructure or capacity; and
(D) submit a report describing the inventory, studies, and
regions described in subparagraphs (A), (B), and (C),
respectively, to the relevant committees of Congress,
including--
(i) the Committee on Energy and Natural Resources of the
Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Committee on Commerce, Science, and
Transportation of the Senate;
(iv) the Committee on Appropriations of the Senate;
(v) the Committee on Natural Resources of the House of
Representatives;
(vi) the Committee on Homeland Security of the House of
Representatives;
(vii) the Committee on Science, Space, and Technology of
the House of Representatives; and
(viii) the Committee on Appropriations of the House of
Representatives; and
(E) made the report described in subparagraph (D) publicly
available on the website of the Department of Agriculture.
(c) Land-for-wood Processing Program.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly establish a program
under which the Secretary of Agriculture and the Secretary of
the Interior shall authorize Federal land under the
jurisdiction of the Secretary of Agriculture or the Secretary
of the Interior for the purpose described in paragraph (2).
(2) Use.--Land authorized under paragraph (1) shall be used
for 1 or more wood processing facilities, including sawmills
and biomass utilization facilities, in each region identified
under subsection (b)(2)(C) that is included in the report
submitted under subsection (b)(2)(D).
(d) Small Business Support.--The Secretary of the Interior
shall enter into cost-share agreements with, and provide
technical assistance to, States, Indian Tribes, counties, and
municipalities to support small businesses, as determined by
the Secretary of the Interior, that utilize biomass that is a
byproduct of wildfire risk reduction and forest restoration
activities.
(e) Renewable Fuel Standard Program.--
(1) Renewable identification numbers required.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall--
(A) incorporate into, and establish pathways for credit
under, the Renewable Fuel Program under section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)) for sustainable aviation
fuel, renewable natural gas, hydrogen, biodiesel, and all
other biofuels with the potential to be commercially viable
in the 10-year period beginning on the date of enactment of
this Act that are made from biomass derived from wildfire
risk reduction and forest restoration activities on public
and private lands; and
[[Page S4665]]
(B) provide renewable identification numbers for the
products described in subparagraph (A).
(2) Forest biomass as renewable biomass.--Section
211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I))
is amended--
(A) by striking clauses (iv) and (v) and inserting the
following:
``(iv) Forest biomass, regardless of whether the biomass is
sourced from public or private land, which may include--
``(I) slash;
``(II) pre-commercial thinnings;
``(III) plantation materials and residues;
``(IV) biomass obtained from areas at risk of wildfire;
``(V) sawmill and forest products manufacturing residues;
and
``(VI) any other uncontaminated byproduct of forest
management and forest products manufacturing.''; and
(B) by redesignating clauses (vi) and (vii) as clauses (v)
and (vi), respectively.
(f) Program Alignment.--The Secretary of Agriculture shall
direct the Under Secretary for Rural Development and the
Chief of the Forest Service to coordinate with each other for
the purpose of supporting investments in sawmills and biomass
utilization facilities in areas that have the greatest need
for wildfire risk reduction.
(g) Biomass Utilization.--The Secretary of Agriculture and
the Secretary of Energy shall cooperate to support--
(1) research relating to biomass utilization methods; and
(2) large-scale forest biomass utilization research,
including the development of, and support for, pilot projects
that promote the utilization and commercialization of biomass
as a byproduct of wildfire risk reduction and forest
restoration activities.
(h) Grazing.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall manage fine fuels and shrubs
on Federal land under the jurisdiction of the Secretary of
Agriculture or the Secretary of the Interior, respectively,
through the expanded use of flexible, targeted grazing that--
(A) aligns with wildfire impact reduction objectives and
desired environmental conditions and landscape goals in the
ecological system in which the grazing is conducted; and
(B) complies with other obligations, including requirements
applicable to congressionally designated wilderness areas.
(2) Department of the interior nonrenewable grazing permits
and leases.--The Secretary of the Interior shall--
(A) direct the use of nonrenewable grazing permits and
leases described in section 4130.6-2 of title 43, Code of
Federal Regulations (or successor regulations), to reduce
fine fuel loads and the risk of catastrophic wildfire where
and when such use is ecologically appropriate;
(B) direct the use of cooperative agreements described in
section 29.2 of title 50, Code of Federal Regulations (or
successor regulations); and
(C) identify and deploy technologies such as remote sensing
and virtual fencing to expedite, simplify, and encourage the
use of nonrenewable grazing permits and leases referred to in
subparagraph (A) to reduce fine fuel loads.
(3) Forest service temporary grazing permits.--The
Secretary of Agriculture shall--
(A) direct the issuance of temporary grazing permits under
part 222 of title 36, Code of Federal Regulations (or
successor regulations, to permittees under that part for the
purpose of grazing to reduce fine fuel loads and the risk of
catastrophic wildfire where and when such issuance is
ecologically appropriate; and
(B) identify and deploy technologies such as remote sensing
and virtual fencing to expedite, simplify, and encourage the
use of temporary permits referred to in subparagraph (A) to
reduce fine fuel loads.
(i) Workforce Needs Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security shall jointly prepare and submit to Congress a
report describing--
(A) needs in the Federal workforce relating to a more
comprehensive approach to wildfire management, including pre-
fire mitigation and post-fire recovery in the built and
natural environments;
(B) positions needed to more effectively partner with and
enable the utilization of State, Tribal, and local capacity;
and
(C) challenges with contract and agreement mechanisms,
including recommendations to reduce staffing and cost burdens
relating to State, Tribal, and local use of contracts and
agreements.
(2) Consultation.--In identifying the positions needed to
partner with States, Indian Tribes, and units of local
government under paragraph (1)(B), the Secretary of
Agriculture, the Secretary of the Interior, and the Secretary
of Homeland Security shall consult with--
(A) representative organizations of those entities, such as
the National Governors Association, the National Association
of State Foresters, the National Association of Counties, the
National League of Cities, and the National Congress of
American Indians; and
(B) representatives of community nongovernmental
organizations and other relevant partners, including local
utility providers, public safety personnel, fire service
representatives, and emergency managers, including State
hazard mitigation officers.
(j) Incident Recovery.--
(1) In general.--The Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security, acting through the FEMA Administrator, shall
jointly develop policies and guidance for post-fire incident
recovery, specifically relating to the transition between
wildfire response and the wildfire recovery period.
(2) Inclusions.--The policies and guidance developed under
paragraph (1) shall--
(A) identify areas for coordination between Federal
agencies;
(B) support consistent implementation of incident response
and recovery policies across landscapes; and
(C) provide a pathway with defined timeframes and areas of
Federal responsibility for the transition between wildfire
operations and locally led recovery efforts.
(3) Updates and review.--Not later than 1 year after the
date of enactment of this Act, the FEMA Administrator shall--
(A) update the Public Assistance Program and Policy Guide
of the Federal Emergency Management Agency to include
guidance on wildfire-specific recovery challenges, including
debris removal, emergency protective measures, and toxicity
of drinking water resources resulting from wildfire;
(B) conduct a review of the criteria for evaluating the
cost-effectiveness of projects intended to mitigate the
impacts of wildfire under sections 203 and 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133; 5170c), including--
(i) the establishment of pre-calculated benefits criterion
for common defensible space mitigation projects for wildfire
mitigation;
(ii) the use of nature-based infrastructure in wildfire
mitigation;
(iii) considerations for vegetation management for wildfire
mitigation;
(iv) reducing the negative effects of wildfire smoke on
public health; and
(v) lessening the impact of wildfires on water
infrastructure; and
(C) issue such guidance as is necessary to--
(i) update criteria described in subparagraph (B), based on
the results of the review conducted under that subparagraph;
and
(ii) prioritize projects under sections 203 and 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133; 5170c) based on the criteria updated
under clause (i).
(k) Emergency Watershed Protection Program Cross-boundary
Funding.--Section 403 of the Agricultural Credit Act of 1978
(16 U.S.C. 2203) is amended by adding at the end the
following:
``(c) Cross-boundary Funding.--The Secretary may undertake
emergency watershed protection measures under this section
across boundaries between Federal land (including land
managed by different Federal agencies), State land, and
private land for the purpose of protecting lives, property,
or resources at risk as a result of the applicable impairment
described in subsection (a).''.
(l) Funding to Water Entities.--
(1) Definition of covered agency.--In this subsection, the
term ``covered agency'' means--
(A) the Environmental Protection Agency;
(B) the Department of Housing and Urban Development;
(C) the Department of Agriculture;
(D) the Federal Emergency Management Agency; and
(E) the Department of the Interior.
(2) Requirement.--After a wildfire has occurred, as
determined by the head of the applicable covered agency, the
head of the covered agency shall expedite to less than 90
days after the wildfire occurred the provision of grants
under grant programs carried out by the covered agency, for
the purpose of maintaining drinking water delivery in the
area in which the wildfire occurred, for--
(A) drinking water collection and delivery restoration and
repair;
(B) drinking water plant restoration and repair;
(C) the development of additional drinking water treatment
infrastructure; and
(D) the development of access to alternative sources of
drinking water.
(3) Indirect costs.--Notwithstanding any other provision of
law, a grant provided using the authority to expedite grants
under paragraph (2) may be used to restore and repair
drinking water collection systems, delivery systems, and
treatment plants damaged by direct flame contact or indirect
impacts of wildfire, such as damage to infrastructure from
increased sediment delivery resulting from a burned
watershed.
(m) Joint Chiefs Landscape Restoration Partnership
Program.--Section 40808(d) of the Infrastructure Investment
and Jobs Act (16 U.S.C. 6592d(d)) is amended--
(1) in paragraph (1)(F), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) whether the proposal enhances drought and wildfire
resilience; and''.
(n) National Science and Technology Council Wildfire
Subcommittee.--The President shall establish within the
Environmental Committee of the National Science and
Technology Council a Wildfire Subcommittee, which shall, in
coordination with non-Federal partners, prioritize, review,
and direct funding to--
[[Page S4666]]
(1) reports on areas in which research is needed relating
to effective pre-fire mitigation and post-fire recovery;
(2) the development of new fire models to better reflect
scientific advancements and altered fire behavior under
current and future climate conditions;
(3) map and model the current and anticipated development
of communities and infrastructure and include the built
environment in fuel models;
(4) study behavioral and social sciences to better
understand and guide public and individual decision-making;
and
(5) study organizational science to support adaptation of
effective pre-fire mitigation and post-fire recovery
strategies by Federal, State, Tribal, and local agencies.
(o) Local Wildfire Training.--The Secretary of Homeland
Security, acting through the United States Fire
Administrator, in consultation with the Secretary of
Agriculture and the Secretary of the Interior, shall develop,
coordinate, and deliver expanded wildfire response and
suppression training and prescribed fire training to local
fire entities in preparation for the increased likelihood
that local fire entities will engage in work relating to
wildfires.
(p) Quantitative and Qualitative Review.--Every 5 years,
the Secretary of Agriculture, the Secretary of the Interior,
and the Secretary of Homeland Security, acting through the
FEMA Administrator and United States Fire Administrator,
shall jointly--
(1) conduct a quantitative and qualitative review of the
comprehensive wildfire environment, including--
(A) an analysis of wildfire mitigation work completed and
wildfire recovery efforts undertaken;
(B) changes in the built and natural environments;
(C) impacts to public health from wildfire;
(D) an assessment of the level of integration of planning
and implementation across all temporal phases of wildfire;
(E) an assessment of anticipated changes and challenges in
wildfire management in the upcoming decade; and
(F) policy recommendations to address needed changes;
(2) submit a report describing the findings of the review
under paragraph (1) to the relevant committees of Congress,
including the committees described in subsection (b)(2)(D);
and
(3) make publicly available the report submitted under
paragraph (2).
(q) Bureau of Land Management Land Transfers.--
(1) In general.--The Secretary of the Interior may transfer
land administered by the Bureau of Land Management to an
Indian Tribe for the purpose described in paragraph (2).
(2) Use.--Land transferred under paragraph (1) shall be
used for wildfire mitigation and restoration workforce
housing for the Indian Tribe.
(r) Tribal Participation.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, and the
Secretary of the Interior shall enter into contracts and
agreements with, and provide grants to, Indian Tribes to
promote participation of Indian Tribes in wildfire response,
mitigation, and management.
(s) Panel to Study Tribal Inclusion.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly establish a panel to
study opportunities for the inclusion of Indian Tribes in
Federal wildfire response, mitigation, and co-stewardship.
(2) Members.--The panel established under paragraph (1)
shall be composed of 9 members, each of whom shall represent
an Indian Tribe with forestry interests or at risk of
wildfire.
(3) Duties.--Not later than 1 year after the date of
enactment of this Act, the panel established under paragraph
(1) shall--
(A) conduct a study to identify opportunities described in
paragraph (1); and
(B) make available on a publicly accessible website a
report describing the opportunities identified through the
study under subparagraph (A).
(t) Wildfire Cascading Impacts.--
(1) In general.--With respect to a wildfire that results in
the declaration of a major disaster pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the FEMA Administrator shall hold the
incident period open for 1 year, beginning on the date of
fire containment, for emergency assistance under section 403
of that Act (42 U.S.C. 5170b) required from flooding, mud
flow, or debris flow resulting from the wildfire.
(2) Risk-based monitoring plans.--With respect to a
wildfire described in paragraph (1), an agency requesting
emergency assistance may submit to the FEMA Administrator a
risk-based monitoring plan, which shall include--
(A) an assessment of the risk of debris flows, flooding or
other impact resulting from the wildfire;
(B) a plan for monitoring the risk and alerting the public
to imminent threats to life and property; and
(C) an estimate of the duration of the risk.
(3) Extension.--
(A) In general.--Upon submission of a risk-based monitoring
plan described in paragraph (2), the FEMA Administrator shall
extend the incident period, holding the incident period open
until the earlier of the end of--
(i) the estimated duration of the risk; or
(ii) 5 years after the date of fire containment.
(B) Deemed granted.--If the FEMA Administrator takes no
action during the 90-day period after submission of a risk-
based monitoring plan described in paragraph (2), an
extension of the relevant incident period under subparagraph
(A) shall be deemed granted.
(u) Categorical Exclusion.--The Secretary of Homeland
Security, in coordination with the FEMA Administrator shall
amend the Department of Homeland Security Instruction Manual
on Implementation of the National Environmental Policy Act
(Instruction Manual 023-01-001-01, Revision 01) to include
post-fire revegetation, waterway protection, water resource
protection, and other post-fire community environmental needs
in the list of categorical exclusions.
(v) Interagency Resource Ordering.--The Secretary of
Agriculture and the Secretary of the Interior shall direct
agencies of the Department of Agriculture and the Department
of the Interior, respectively, to utilize existing
interagency resource ordering systems for prescribed fire
assignments.
(w) Programmatic Environmental Analyses.--The Secretary of
Agriculture and the Secretary of the Interior shall--
(1) increase the use of programmatic environmental analyses
that are broad, include similar or connected projects, are
large in scale, or will be implemented over a longer period
of time, with appropriate Tribal consultation and
incorporation of Indigenous knowledge; and
(2) use phased planning for projects on large landscapes.
(x) Performance Metrics.--The Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security, acting through the FEMA Administrator, shall
jointly revise performance metrics applicable to land
management agencies and the United States Fire Administration
to include--
(1) the number of protected assets and values, including
sacred sites and other cultural resources and values;
(2) the degree to which long-term risks to landscapes are
reduced and landscapes are maintained in a more resilient
state;
(3) watershed conditions, fuels reduction outcomes,
biodiversity, and ecosystem services benefits; and
(4) social metrics, including collaboration, community
empowerment, and partnerships.
(y) Uniform Datasets.--The Secretary of Agriculture, the
Secretary of the Interior, and the Secretary of Homeland
Security, acting through the United States Fire
Administrator, shall jointly develop and maintain uniform
wildfire hazard datasets.
______
SA 2329. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Fairness in Fentanyl Sentencing Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Fairness in Fentanyl
Sentencing Act of 2024''.
SEC. 1097. CONTROLLED SUBSTANCES ACT AMENDMENTS.
Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(vi)--
(A) by striking ``400'' and inserting ``20'';
(B) by striking ``100'' and inserting ``5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''; and
(2) in subparagraph (B)(vi)--
(A) by striking ``40'' and inserting ``2'';
(B) by striking ``10'' and inserting ``0.5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''.
SEC. 1098. CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT
AMENDMENTS.
Section 1010(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(F)--
(A) by striking ``400'' and inserting ``20'';
(B) by striking ``100'' and inserting ``5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''; and
(2) in paragraph (2)(F)--
(A) by striking ``40'' and inserting ``2'';
(B) by striking ``10'' and inserting ``0.5''; and
(C) by inserting ``scheduled or unscheduled'' before
``analogue of''.
SEC. 1099. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Definition.--In this section, the term ``Commission''
means the United States Sentencing Commission.
(b) Directive to the United States Sentencing Commission.--
Pursuant to the authority of the Commission under section
994(p) of title 28, United States Code, and in accordance
with this section, the Commission shall review and amend, if
appropriate, the guidelines and policy statements of the
[[Page S4667]]
Commission applicable to a person convicted of an offense
under section 401 of the Controlled Substances Act (21 U.S.C.
841) or section 1010 of the Controlled Substances Import and
Export Act (21 U.S.C. 960) to ensure that the guidelines and
policy statements are consistent with the amendments made by
sections 1097 and 1098 of this subtitle.
(c) Emergency Authority.--The Commission shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this subtitle as soon as
practicable, and in any event not later than 120 days after
the date of enactment of this Act, in accordance with the
procedure set forth in section 21(a) of the Sentencing Act of
1987 (28 U.S.C. 994 note), as though the authority under that
Act had not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary
to achieve consistency with other guideline provisions and
applicable law.
SEC. 1099A. INTERDICTION OF FENTANYL, OTHER SYNTHETIC
OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE
SUBSTANCES.
(a) Definitions.--In this section--
(1) the term ``chemical screening device'' means an
immunoassay, narcotics field test kit, infrared
spectrophotometer, mass spectrometer, nuclear magnetic
resonance spectrometer, Raman spectrophotometer, or other
scientific instrumentation able to collect data that can be
interpreted to determine the presence of fentanyl, other
synthetic opioids, and other narcotics and psychoactive
substances;
(2) the term ``express consignment operator or carrier''
has the meaning given the term in section 128.1 of title 19,
Code of Federal Regulations, or any successor thereto; and
(3) the term ``Postmaster General'' means the Postmaster
General of the United States Postal Service.
(b) Interdiction of Fentanyl, Other Synthetic Opioids, and
Other Narcotics and Psychoactive Substances.--
(1) Chemical screening devices.--The Postmaster General
shall--
(A) increase the number of chemical screening devices that
are available to the United States Postal Service; and
(B) make additional chemical screening devices available to
the United States Postal Service as the Postmaster General
determines are necessary to interdict fentanyl, other
synthetic opioids, and other narcotics and psychoactive
substances that are illegally imported into the United
States, including such substances that are imported through
the mail or by an express consignment operator or carrier.
(2) Personnel to interpret data.--The Postmaster General
shall dedicate the appropriate number of personnel of the
United States Postal Service, including scientists, so that
those personnel are available during all operational hours to
interpret data collected by chemical screening devices.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Postmaster General $9,000,000 to
ensure that the United States Postal Service has resources,
including chemical screening devices, personnel, and
scientists, available during all operational hours to
prevent, detect, and interdict the unlawful importation of
fentanyl, other synthetic opioids, and other narcotics and
psychoactive substances.
______
SA 2330. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL
STOCKHOLDERS.
(a) In General.--Section 16(a)(1) of the Securities
Exchange Act of 1934 (15 U.S.C. 78p(a)(1)) is amended by
inserting ``(including any such security of a foreign private
issuer, as that term is defined in section 240.3b-4 of title
17, Code of Federal Regulations, or any successor
regulation)'' after ``pursuant to section 12''.
(b) Effect on Regulation.--If any provision of section
240.3a12-3(b) of title 17, Code of Federal Regulations, or
any successor regulation, is inconsistent with the amendment
made by subsection (a), that provision of such section
240.3a12-3(b) (or such successor) shall have no force or
effect.
(c) Issuance or Amendment of Regulations.--Not later than
90 days after the date of enactment of this Act, the
Securities and Exchange Commission shall issue final
regulations (or amend existing regulations of the Commission)
to carry out the amendment made by subsection (a).
______
SA 2331. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. PROHIBITION ON ALLOCATIONS OF SPECIAL DRAWING
RIGHTS AT INTERNATIONAL MONETARY FUND FOR
PERPETRATORS OF GENOCIDE AND STATE SPONSORS OF
TERRORISM WITHOUT CONGRESSIONAL AUTHORIZATION.
Section 6 of the Special Drawing Rights Act (22 U.S.C.
286q) is amended by adding at the end the following:
``(c) Unless Congress by law authorizes such action,
neither the President nor any person or agency shall on
behalf of the United States vote to allocate Special Drawing
Rights under article XVIII, sections 2 and 3, of the Articles
of Agreement of the Fund to a member country of the Fund, if
the government of the member country has--
``(1) committed genocide at any time during the 10-year
period ending with the date of the vote; or
``(2) been determined by the Secretary of State, as of the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2025, to have repeatedly provided support
for acts of international terrorism, for purposes of--
``(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
``(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(C) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
``(D) any other provision of law.''.
______
SA 2332. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. IMPROVING COORDINATION BETWEEN FEDERAL AND STATE
AGENCIES AND THE DO NOT PAY WORKING SYSTEM.
(a) In General.--Section 801(a) of title VIII of division
FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260) is amended by striking paragraph (7) and inserting
the following:
``(7) by adding at the end the following paragraph:
`` `(11) Upon the completion of the 3-year period that
begins on December 27, 2023, the Commissioner of Social
Security shall, to the extent feasible, provide information
furnished to the Commissioner under paragraph (1) to the
agency operating the Do Not Pay working system described in
section 3354(c) of title 31, United States Code, or an agent
thereof, to prevent improper payments to deceased individuals
through a cooperative arrangement with such agency, provided
that the requirements of subparagraphs (A) and (B) of
paragraph (3) are met with respect to such arrangement with
such agency. Under such arrangement, the agency operating the
Do Not Pay working system, or an agent thereof, may compare
the information so provided by the Commissioner with
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity, and may redisclose such
comparison of information, as appropriate, to any Federal or
State agency authorized to use the working system.'.''.
(b) Conforming Amendment.--Section 801(b)(2) of title VIII
of division FF of the Consolidated Appropriations Act, 2021
(Public Law 116-260) is amended by striking ``on the date
that is 3 years after the date of enactment of this Act'' and
inserting ``December 28, 2026''.
(c) Effective Date.--The amendments made by this section
shall take effect on December 28, 2026.
______
SA 2333. Mr. KENNEDY (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle ___--Protecting Our Courts From Foreign Manipulation
SEC. ___01. SHORT TITLE.
This subtitle may be cited as the ``Protecting Our Courts
from Foreign Manipulation Act of 2024''.
SEC. ___02. TRANSPARENCY AND LIMITATIONS ON FOREIGN THIRD-
PARTY LITIGATION FUNDING.
(a) In General.--Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:
[[Page S4668]]
``Sec. 1660. Transparency and limitations on foreign third-
party litigation funding
``(a) Definitions.--In this section--
``(1) the term `foreign person'--
``(A) means any person or entity that is not a United
States person, as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801); and
``(B) does not include a foreign state or a sovereign
wealth fund;
``(2) the term `foreign state' has the meaning given that
term in section 1603; and
``(3) the term `sovereign wealth fund' means an investment
fund owned or controlled by a foreign state, an agency or
instrumentality of a foreign state (as defined in section
1603), or an agent of a foreign principal (as defined in
section 1 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611)).
``(b) Disclosure of Third-Party Litigation Funding and
Foreign Source Certification by Foreign Persons, Foreign
States, and Sovereign Wealth Funds.--
``(1) In general.--In any civil action, each party or the
counsel of record for the party shall--
``(A) disclose in writing to the court, to all other named
parties to the civil action, to the Attorney General, and to
the Principal Deputy Assistant Attorney General for National
Security--
``(i) the name, the address, and, if applicable, the
citizenship or the country of incorporation or registration
of any foreign person, foreign state, or sovereign wealth
fund, other than the named parties or counsel of record, that
has a right to receive any payment that is contingent in any
respect on the outcome of the civil action by settlement,
judgment, or otherwise;
``(ii) the name, the address, and, if applicable, the
citizenship or the country of incorporation or registration
of any foreign person, foreign state, or sovereign wealth
fund, other than the named parties or counsel of record, that
has a right to receive any payment that is contingent in any
respect on the outcome of any matter within a portfolio that
includes the civil action and involves the same counsel of
record or affiliated counsel; and
``(iii) if the party or the counsel of record for the party
submits a certification described in subparagraph (C)(i), the
name, the address, and, if applicable, the citizenship or the
country of incorporation or registration of the foreign
person, foreign state, or sovereign wealth fund that is the
source of the money;
``(B) produce to the court, to all other named parties to
the civil action, to the Attorney General, and to the
Principal Deputy Assistant Attorney General for National
Security, except as otherwise stipulated or ordered by the
court, a copy of any agreement creating a contingent right
described in subparagraph (A); and
``(C) for a civil action involving an agreement creating a
right to receive any payment by anyone, other than the named
parties or counsel of record, that is contingent in any
respect on the outcome of the civil action by settlement,
judgment, or otherwise, or on the outcome of any matter
within a portfolio that includes the civil action and
involves the same counsel or affiliated counsel, submit to
the court a certification that--
``(i) the money that has been or will be used to satisfy
any term of the agreement has been or will be directly or
indirectly sourced, in whole or in part, from a foreign
person, foreign state, or sovereign wealth fund, including
the monetary amounts that have been or will be used to
satisfy the agreement; or
``(ii) that the disclosure and certification criteria set
forth in subparagraph (A)(iii) and clause (i) of this
subparagraph do not apply to the civil action.
``(2) Timing.--
``(A) In general.--The disclosure and certification
required by paragraph (1) shall be made not later than the
later of--
``(i) 30 days after execution of any agreement described in
paragraph (1); or
``(ii) the date on which the civil action is filed.
``(B) Parties served or joined later.--A party that enters
into an agreement described in paragraph (1) that is first
served or joined after the date on which the civil action is
filed shall make the disclosure and certification required by
paragraph (1) not later than 30 days after being served or
joined, unless a different time is set by stipulation or
court order.
``(3) Foreign source disclosure and certification format.--
``(A) In general.--A disclosure required under paragraph
(1)(A) and a certification required under paragraph (1)(C)
shall--
``(i) be made in the form of a declaration under penalty of
perjury pursuant to section 1746 and shall be made to the
best knowledge, information, and belief of the declarant
formed after reasonable inquiry; and
``(ii) be provided to all other named parties to the civil
action, to the Attorney General, and to the Principal Deputy
Assistant Attorney General for National Security by the party
or counsel of record for the party making the disclosure and
certification, except as otherwise stipulated or ordered by
the court.
``(B) Supplementation and correction.--Not later than 30
days after the date on which a party or counsel of record for
the party knew or should have known that the disclosure
required under paragraph (1)(A) or a certification required
under paragraph (1)(C) is incomplete or inaccurate in any
material respect, the party or counsel of record shall
supplement or correct the disclosure or certification.
``(c) Prohibition on Third-Party Funding Litigation by
Foreign States and Sovereign Wealth Funds.--
``(1) In general.--It shall be unlawful for any party to or
counsel of record for a civil action to enter into an
agreement creating a right for anyone, other than the named
parties or counsel of record, to receive any payment that is
contingent in any respect on the outcome of a civil action or
any matter within a portfolio that includes the civil action
and involves the same counsel of record or affiliated
counsel, the terms of which are to be satisfied by money that
has been or will be directly or indirectly sourced, in whole
or in part, from a foreign state or a sovereign wealth fund.
``(2) Enforcement.--Any agreement entered in violation of
paragraph (1) shall be null and void.
``(d) Failure To Disclose, To Supplement; Sanctions.--A
disclosure, production, or certification under subsection (b)
is deemed to be information required by rule 26(a) of the
Federal Rules of Civil Procedure and subject to the sanctions
provisions of rule 37 of the Federal Rules of Civil
Procedure.''.
(b) Technical and Conforming Amendment.--The table of
sections chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``1660. Transparency and limitations on foreign third-party litigation
funding.''.
SEC. ___03. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, 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 on the activities involving foreign
third-party litigation funding in Federal courts, including,
if applicable--
(1) the identities of foreign third-party litigation
funders in Federal courts, including names, addresses, and
citizenship or country of incorporation or registration;
(2) the identities of foreign persons, foreign states, or
sovereign wealth funds (as such terms are defined in section
1660 of title 28, United States Code, as added by section
___02 of this subtitle) that have been the sources of money
for third-party litigation funding in Federal courts;
(3) the judicial districts in which foreign third-party
litigation funding has occurred;
(4) an estimate of the total amount of foreign-sourced
money used for third-party litigation funding in Federal
courts, including an estimate of the amount of such money
sourced from each country; and
(5) a summary of the subject matters of the civil actions
in Federal courts for which foreign sourced money has been
used for third-party litigation funding.
SEC. ___04. APPLICABILITY.
The amendments made by this subtitle shall apply to any
civil action pending on or commenced on or after the date of
enactment of this Act.
______
SA 2334. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.
Section 2718(e) of the Public Health Service Act (42 U.S.C.
300gg-18(e)) is amended--
(1) by striking ``Each hospital'' and inserting the
following:
``(1) In general.--Each hospital'';
(2) by inserting ``, in accordance with paragraph (2)'',
after ``for each year''; and
(3) by adding at the end the following:
``(2) Timing requirements.--
``(A) In general.--Each hospital operating in the United
States on the date of enactment of this paragraph shall, not
later than 6 months after such date of enactment and every
year thereafter, establish (and update) and make public the
list under paragraph (1).
``(B) Newly operating hospitals.--In the case of a hospital
that begins operating in the United States after the date of
enactment of this paragraph, the hospital shall comply with
the requirements described in subparagraph (A) not later than
6 months after the date on which the hospital begins such
operation and every year thereafter.
``(3) Prohibition on shielding information.--No hospital
may shield the information required under paragraph (1) from
online search results through webpage coding.
``(4) Civil monetary penalties.--
``(A) In general.--A hospital that fails to comply with the
requirements of this subsection for a year shall be subject
to a civil monetary penalty of an amount not to exceed--
``(i) in the case of a hospital with a bed count of 30 or
fewer, $600 for each day in which the hospital fails to
comply with such requirements;
[[Page S4669]]
``(ii) in the case of a hospital with a bed count that is
greater than 30 and equal to or fewer than 550, $20 per bed
for each day in which the hospital fails to comply with such
requirements; or
``(iii) in the case of a hospital with a bed count that is
greater than 550, $11,000 for each day in which the hospital
fails to comply with such requirements.
``(B) Procedures.--
``(i) In general.--Except as otherwise provided in this
subsection, a civil monetary penalty under subparagraph (A)
shall be imposed and collected in accordance with part 180 of
title 45, Code of Federal Regulations (or successor
regulations).
``(ii) Timing.--A hospital shall pay in full a civil
monetary penalty imposed on the hospital under subparagraph
(A) not later than--
``(I) 60 calendar days after the date on which the
Secretary issues a notice of the imposition of such penalty;
or
``(II) in the event the hospital requests a hearing
pursuant to subpart D of part 180 of title 45, Code of
Federal Regulations (or successor regulations), 60 calendar
days after the date of a final and binding decision in
accordance with such subpart, to uphold, in whole or in part,
the civil monetary penalty.
``(5) List of hospitals not in compliance.--The Secretary
shall publish a list of the name of each hospital that is not
in compliance with the requirements under this subsection.
Such list shall be published 280 days after the date of
enactment of this paragraph and every 180 days thereafter.''.
______
SA 2335. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. TARGETING CHILD PREDATORS.
(a) Nondisclosure of Administrative Subpoenas.--Section
3486(a) of title 18, United States Code, is amended--
(1) by striking ``the Secretary of the Treasury'' each
place it appears and inserting ``the Secretary of Homeland
Security'';
(2) in paragraph (5), by striking ``ordered by a court'';
and
(3) in paragraph (6)--
(A) in subparagraph (A), by striking ``A United States''
and inserting ``Except as provided in subparagraph (D), a
United States''; and
(B) by adding at the end the following:
``(D)(i)(I) If a subpoena issued under this section as
described in paragraph (1)(A)(i)(II) is accompanied by a
certification under subclause (II) of this clause and notice
of the right to judicial review under clause (iii) of this
subparagraph, no recipient of such a subpoena shall disclose
to any person that the Federal official who issued the
subpoena has sought or obtained access to information or
records under this section, for a period of 180 days.
``(II) The requirements of subclause (I) shall apply if the
Federal official who issued the subpoena certifies that the
absence of a prohibition of disclosure under this subsection
may result in--
``(aa) endangering the life or physical safety of an
individual;
``(bb) flight from prosecution;
``(cc) destruction of or tampering with evidence;
``(dd) intimidation of potential witnesses; or
``(ee) otherwise seriously jeopardizing an investigation.
``(ii)(I) A recipient of a subpoena under this section as
described in paragraph (1)(A)(i)(II) may disclose information
otherwise subject to any applicable nondisclosure requirement
to--
``(aa) those persons to whom disclosure is necessary in
order to comply with the request;
``(bb) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(cc) other persons as permitted by the Federal official
who issued the subpoena.
``(II) A person to whom disclosure is made under subclause
(I) shall be subject to the nondisclosure requirements
applicable to a person to whom a subpoena is issued under
this section in the same manner as the person to whom the
subpoena was issued.
``(III) Any recipient that discloses to a person described
in subclause (I) information otherwise subject to a
nondisclosure requirement shall notify the person of the
applicable nondisclosure requirement.
``(IV) At the request of the Federal official who issued
the subpoena, any person making or intending to make a
disclosure under item (aa) or (cc) of subclause (I) shall
identify to the individual making the request under this
clause the person to whom such disclosure will be made or to
whom such disclosure was made prior to the request.
``(iii)(I) A nondisclosure requirement imposed under clause
(i) shall be subject to judicial review under section 3486A.
``(II) A subpoena issued under this section as described in
paragraph (1)(A)(i)(II), in connection with which a
nondisclosure requirement under clause (i) is imposed, shall
include notice of the availability of judicial review
described in subclause (I).
``(iv) A nondisclosure requirement imposed under clause (i)
may be extended in accordance with section 3486A(a)(4).''.
(b) Judicial Review of Nondisclosure Requirements.--
(1) In general.--Chapter 223 of title 18, United States
Code, is amended by inserting after section 3486 the
following:
``Sec. 3486A. Judicial review of nondisclosure requirements
``(a) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a subpoena under section
3486 as described in subsection (a)(1)(A)(i)(II) of section
3486 wishes to have a court review a nondisclosure
requirement imposed in connection with the subpoena, the
recipient may notify the Government or file a petition for
judicial review in any court described in subsection (a)(5)
of section 3486.
``(B) Application.--Not later than 30 days after the date
of receipt of a notification under subparagraph (A), the
Government shall apply for an order prohibiting the
disclosure of the existence or contents of the relevant
subpoena. An application under this subparagraph may be filed
in the district court of the United States for the judicial
district in which the recipient of the subpoena is doing
business or in the district court of the United States for
any judicial district within which the authorized
investigation that is the basis for the subpoena is being
conducted. The applicable nondisclosure requirement shall
remain in effect during the pendency of proceedings relating
to the requirement.
``(C) Consideration.--A district court of the United States
that receives a petition under subparagraph (A) or an
application under subparagraph (B) should rule expeditiously,
and shall, subject to paragraph (3), issue a nondisclosure
order that includes conditions appropriate to the
circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof or a response to a
petition filed under paragraph (1) shall include a
certification from the Federal official who issued the
subpoena indicating that the absence of a prohibition of
disclosure under this subsection may result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an investigation.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure order or extension thereof under
this subsection if the court determines that there is reason
to believe that disclosure of the information subject to the
nondisclosure requirement during the applicable time period
may result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an investigation.
``(4) Extension.--Upon a showing that the circumstances
described in subparagraphs (A) through (E) of paragraph (3)
continue to exist, a district court of the United States may
issue an ex parte order extending a nondisclosure order
imposed under this subsection or under section 3486(a)(6)(D)
for additional periods of 180 days, or, if the court
determines that the circumstances necessitate a longer period
of nondisclosure, for additional periods which are longer
than 180 days.
``(b) Closed Hearings.--In all proceedings under this
section, subject to any right to an open hearing in a
contempt proceeding, the court must close any hearing to the
extent necessary to prevent an unauthorized disclosure of a
request for records, a report, or other information made to
any person or entity under section 3486. Petitions, filings,
records, orders, certifications, and subpoenas must also be
kept under seal to the extent and as long as necessary to
prevent the unauthorized disclosure of a subpoena under
section 3486.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 223 of title 18, United States Code, is
amended by inserting after the item relating to section 3486
the following:
``3486A. Judicial review of nondisclosure requirements.''.
______
SA 2336. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
[[Page S4670]]
SEC. 865. TRAINING ON INCREASING CONTRACT AWARDS TO SMALL
BUSINESS CONCERNS OWNED AND CONTROLLED BY
SERVICE-DISABLED VETERANS.
Section 36 of the Small Business Act (15 U.S.C. 657f) is
amended by adding at the end the following:
``(j) Training on Increasing Contract Awards to Small
Business Concerns Owned and Controlled by Service-Disabled
Veterans.--
``(1) In general.--The Administrator, in consultation with
the Office of Veterans Business Development, shall provide to
covered employees at each Federal agency that has not met the
goal established under section 15(g)(1)(A)(ii) training on
how to increase the number of contracts awarded to small
business concerns owned and controlled by service-disabled
veterans.
``(2) Guidance.--Not later than 180 days after the date of
enactment of this subsection, the Administrator, in
consultation with the Office of Veterans Business
Development, shall issue guidance and best practices on
increasing the number of contracts awarded to small
businesses owned and controlled by service-disabled veterans
for Federal agencies to which the goal established under
section 15(g)(1)(A)(ii) applies.
``(3) Report.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Administration shall submit to Congress a report detailing,
for the fiscal year covered by the report--
``(A) a list of each Federal agency that failed to meet the
goal established under section 15(g)(1)(A)(ii);
``(B) the number of trainings provided to each Federal
agency described in paragraph (1); and
``(C) an overview of the content included in the training
sessions described in subparagraph (B).''.
______
SA 2337. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2857. AUTHORIZATION OF AMOUNTS FOR MILITARY CONSTRUCTION
PROJECT TO IMPROVE BARRACKS AT FORT JOHNSON,
LOUISIANA.
There is authorized to be appropriated to the Secretary of
the Army $117,000,000 to carry out a military construction
project at Fort Johnson, Louisiana, to improve the barracks
at such installation.
______
SA 2338. Mr. HAGERTY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Strategy to Oppose Financial or Material Support by Foreign
Countries to the Taliban
SEC. 1294. STRATEGY TO OPPOSE FINANCIAL OR MATERIAL SUPPORT
BY FOREIGN COUNTRIES TO THE TALIBAN.
(a) Statement of Policy.--It is the policy of the United
States to oppose the provision of financial or material
support by foreign countries to the Taliban that is
inconsistent with United States law or policy.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report
identifying, to the maximum extent possible--
(1) foreign countries that have provided financial or
material support to the Taliban since September 1, 2021, that
is inconsistent with United States law or policy, including--
(A) the amount of United States-provided foreign assistance
each country receives, if any;
(B) the amount of financial or material support each
country has provided to the Taliban; and
(C) a description of how the Taliban has utilized such
financial or material support; and
(2) efforts the United States has taken since September 1,
2021, to oppose foreign countries from providing financial or
material support to the Taliban if doing so is inconsistent
with United States law or policy.
(c) Strategy and Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
develop a strategy to discourage foreign countries from
providing financial or material support to the Taliban that
is inconsistent with United States law or policy.
(2) Reports.--
(A) Initial report.--Not later than the date on which the
strategy required by paragraph (1) is completed, the
Secretary of State shall submit to the appropriate
congressional committees a report detailing the strategy and
a plan for its implementation.
(B) Subsequent reports.--
(i) In general.--Not later than 180 days after the date on
which the strategy required by paragraph (1) is completed,
and annually thereafter for 5 years, the Secretary of State
shall submit to the appropriate congressional committees a
report on the implementation of the strategy, including the
impact of the strategy in discouraging foreign countries from
providing financial or material support to the Taliban that
is inconsistent with United States law or policy.
(ii) Form.--The report required by this subparagraph shall
be submitted in unclassified form, but may contain a
classified annex if necessary.
SEC. 1295. REPORT ON DIRECT CASH ASSISTANCE PROGRAMS IN
AFGHANISTAN.
(a) In General.--The Administrator of the United States
Agency for International Development, in consultation with
the Secretary of State, shall submit to the appropriate
congressional committees a report on United States
Government-funded direct cash assistance programs in
Afghanistan during the period beginning on August 1, 2021,
and ending on the date that is 30 days after the date of
enactment of this Act. The report shall be submitted in
conjunction with the submission of the Fiscal Year 2023
Annual Financial Report of the United States Agency for
International Development.
(b) Matters to Be Included.--The report required by
subsection (a) shall, with respect to such direct cash
assistance programs, include--
(1) a description of method of payments;
(2) a description of how and where currency exchanges
occur;
(3) a description of if and how hawalas are used and the
oversight mechanisms in place regarding use of hawalas to
transfer funds in United States Government funded direct cash
assistance programs in Afghanistan; and
(4) a description of safeguards, including oversight
processes, to prevent the Taliban from accessing cash
assistance under such programs.
SEC. 1296. REPORT ON STATUS OF AFGHAN FUND.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees, the Committee on Banking, Housing,
and Urban Affairs of the Senate, and the Committee on
Financial Services of the House of Representatives a report
on the status of the Afghan Fund.
(b) Matters to Be Included.--The report required by
subsection (a) shall include, to the maximum extent
possible--
(1) a description of the Taliban's influence over Da
Afghanistan Bank, including a list of Taliban members
employed by such Bank or serving on its board of directors;
(2) a description of the Afghan Fund's board of trustees,
including the process for vetting and selection of trustees;
(3) the conditions necessary for the United States
Government to support disbursements from the Afghan Fund to
Da Afghanistan Bank;
(4) how the Afghan Fund's board of trustees determines the
Fund's activities, including what kind of information will
inform the board's decisions, and how the board will collect
and verify this information; and
(5) a description of what controls have been put into place
to ensure funds and disbursements are not diverted to or
misused by the Taliban.
(c) Sunset.--This reporting requirement under this section
shall terminate on the date that all disbursements from the
Afghan Fund have been made.
SEC. 1297. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
______
SA 2339. Mr. JOHNSON (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X of division A, add the
following:
SEC. ___. 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
[[Page S4671]]
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
(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 2340. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. REPORT ON THE IMPACT OF THE WAR IN GAZA ON THE
STANDING OF THE UNITED STATES IN THE INDO-
PACIFIC REGION.
(a) In General.--Not later than 90 days after the enactment
of this Act, the Secretary of Defense, in coordination with
the Secretary of State and the Office of the Director of
National Intelligence, shall submit a report to the relevant
congressional committees regarding the impacts to United
States security and diplomatic interests in the Indo-Pacific
region as a result of the United States' actions and
engagements with Israel during the ongoing Israel-Hamas War.
(b) Contents.--The report required under subsection (a)
shall include--
(1) an assessment of public sentiment towards the United
States within nations in the Indo-Pacific region, with a
special focus on the standing of the United States in
Indonesia, the Philippines, and Pacific Island nations that
are members of the Pacific Islands Forum;
(2) a threat assessment with respect to United States'
facilities, installations, and personnel in the Indo-Pacific
region since October 7, 2023, including whether the current
threat is uniquely more significant than prior threats;
(3) a description of any impacts to the willingness of
nations in the Indo-Pacific region to engage with the United
States on issues of intelligence sharing, economic
development, and the expansion of bilateral relations; and
(4) an assessment on the rise of extremism in the Indo-
Pacific region that is targeted against the United States or
its allies.
______
SA 2341. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Veterans Medical Marijuana Safe Harbor Act
SEC. 1095. SHORT TITLE.
This subtitle may be cited as the ``Veterans Medical
Marijuana Safe Harbor Act''.
SEC. 1095A. FINDINGS.
Congress finds the following:
(1) Chronic pain affects the veteran population, with
almost 60 percent of veterans returning from serving in the
Armed Forces in the Middle East, and more than 50 percent of
older veterans, who are using the health care system of the
Department of Veterans Affairs living with some form of
chronic pain.
(2) In 2020, opioids accounted for approximately 75 percent
of all drug overdose deaths in the United States.
(3) Veterans are twice as likely to die from opioid related
overdoses than nonveterans.
(4) States with recreational cannabis laws experienced a
7.6 percent reduction in opioid-related emergency department
visits during the 180-day period after the implementation of
such laws.
(5) Marijuana and its compounds show promise for pain
management and treating a wide-range of diseases and
disorders, including post-traumatic stress disorder.
(6) Medical marijuana in States where it is legal may serve
as a less harmful alternative to opioids in treating
veterans.
SEC. 1095B. SAFE HARBOR FOR USE BY VETERANS OF MEDICAL
MARIJUANA.
(a) Safe Harbor.--Notwithstanding the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or any other Federal
law, it shall not be unlawful for--
(1) a veteran to use, possess, or transport medical
marijuana in a State or on Indian land if the use,
possession, or transport is authorized and in accordance with
the law of the applicable State or Indian Tribe;
(2) a physician to discuss with a veteran the use of
medical marijuana as a treatment if the physician is in a
State or on Indian land where the law of the applicable State
or Indian Tribe authorizes the use, possession, distribution,
dispensation, administration, delivery, and transport of
medical marijuana; or
(3) a physician to recommend, complete forms for, or
register veterans for participation in a treatment program
involving medical marijuana that is approved by the law of
the applicable State or Indian Tribe.
(b) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' means any of the
Indian lands, as that term is defined in section 824(b) of
the Indian Health Care Improvement Act (25 U.S.C. 1680n).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Physician.--The term ``physician'' means a physician
appointed by the Secretary of Veterans Affairs under section
7401(1) of title 38, United States Code.
(4) State.--The term ``State'' has the meaning given that
term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
(c) Sunset.--This section shall cease to have force or
effect on the date that is five years after the date of the
enactment of this Act.
SEC. 1095C. RESEARCH ON USE OF MEDICAL MARIJUANA BY VETERANS.
(a) Research on Effects of Medical Marijuana on Veterans.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall support clinical research on the use of medical
marijuana--
(A) by veterans to manage pain; and
(B) for the treatment of veterans for diseases and
disorders such as post-traumatic stress disorder.
(2) Interagency coordination.--The Secretary shall
coordinate and collaborate with other relevant Federal
agencies to support and facilitate clinical research under
paragraph (1).
(3) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the ongoing clinical research supported by the
Secretary under paragraph (1), which shall include such
recommendations for legislative or administrative action as
the Secretary considers appropriate to continue to support
the management of pain and the treatment of diseases and
disorders of veterans.
(b) Study on Use by Veterans of State Medical Marijuana
Programs.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall conduct a
study on the relationship between treatment programs
involving medical marijuana that are approved by States, the
access of veterans to such programs, and a reduction in
opioid use and misuse among veterans.
(2) Report.--Not later than 180 days after the date on
which the study required under paragraph (1) is completed,
the Secretary shall submit to Congress a report on the study,
which shall include such recommendations for legislative or
administrative action as the Secretary considers appropriate.
(c) Veteran Defined.--In this section, the term ``veteran''
has the meaning given that term in section 101 of title 38,
United States Code.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Veterans Affairs such
sums as may be necessary to carry out this section.
______
SA 2342. Mr. SCHATZ submitted an amendment intended to be proposed by
[[Page S4672]]
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2823. REPORT ON IMPACT OF INSTALLATIONS OF THE
DEPARTMENT OF DEFENSE ON HOUSING-CONSTRAINED
AREAS OF THE UNITED STATES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the impact of installations of
the Department of Defense on housing in housing-constrained
areas of the United States.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The number of installations of the Department of
Defense located in housing-constrained areas of the United
States.
(2) A definition of ``housing-constrained area'' for
purposes of this section that includes the following:
(A) Areas where the median asking rent for an average-sized
two-bedroom apartment, or median selling price for a single-
family home of average size is in the top 25 percent
nationally.
(B) Areas where rental vacancy rates are below the national
average.
(C) Other areas based on additional metrics that the
Secretary may determine.
(3) The percentage and total number of members of the Armed
Forces and employed civilians working at such installations
who reside outside the installation.
(4) An assessment of the impact of such installations and
associated personnel on local and regional housing demand and
housing prices, including rents, in such areas.
(5) The cost of housing allowances and cost of living
adjustments or salary adjustments to allow personnel to live
outside the installation in such areas.
(6) An assessment of policy changes by the Department of
Defense that would be required to mitigate or eliminate
housing impacts of installations of the Department in such
areas, including policies--
(A) to provide housing for all personnel employed at the
installation;
(B) to restrict the provision of housing allowances for
housing outside the installation; and
(C) to reduce housing allowances to provide less
competition with other residents in such areas.
(7) An assessment of the upfront costs and long-term cost
savings of providing on-base housing for all personnel at
installations located in such areas.
______
SA 2343. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At end of subtitle F of title III, add the following:
SEC. 358. REFORM AND OVERSIGHT OF DEPARTMENT OF DEFENSE
TRANSFER OF PERSONAL PROPERTY TO LAW
ENFORCEMENT AGENCIES AND OTHER ENTITIES.
(a) In General.--Section 2576a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``subsection (b)'' and inserting ``the
provisions of this section''; and
(B) by adding at the end the following:
``(3) The Secretary may transfer non-controlled property to
nonprofit organizations involved in humanitarian response or
first responder activities.'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``, and provides a description of the training
courses;''; and
(C) by adding at the end the following:
``(7) the recipient, on an annual basis, certifies that if
the recipient determines that any controlled property
received is surplus to the needs of the recipient, the
recipient will return the property to the Department of
Defense;
``(8) the recipient, when requisitioning property, submits
to the Department of Defense a justification for why the
recipient needs the property and a description of the
expected uses of the property;
``(9) with respect to a recipient that is not a Federal
agency, the recipient certifies annually to the Department of
Defense that the recipient has notified the local community
of its participation in the program under this section by--
``(A) publishing a notice of such participation on a
publicly accessible internet website, including information
on how members of the local community can track property
requested or received by the recipient on the website of the
Department of Defense;
``(B) posting such notice at several prominent locations in
the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to the
local community for a period of not less than 30 days;
``(10) with respect to a recipient that is a local law
enforcement agency, the recipient publishes a notice on a
publicly accessible internet website and at several prominent
locations in the jurisdiction of the recipient of the
approval of the city council or other local governing body to
acquire the property sought under this section; and
``(11) with respect to a recipient that is a State law
enforcement agency, the recipient publishes a notice on a
publicly accessible internet website and at several prominent
locations in the jurisdiction of the recipient of the
approval of the appropriate State governing body to acquire
the property sought under this section.'';
(3) in subsection (e), by adding at the end the following:
``(5) Grenade launchers.
``(6) Explosives (unless used for explosive detection
canine training).
``(7) Firearms of .50 caliber or higher.
``(8) Ammunition of 0.5 caliber or higher.
``(9) Asphyxiating gases, including those comprised of
lachrymatory agents, and analogous liquids, materials, or
devices.
``(10) Silencers.
``(11) Long-range acoustic devices.''; and
(4) by striking subsections (f) and (g) and inserting the
following:
``(f) Limitations on Transfers.--(1) The prohibitions under
subsection (e) shall also apply with respect to the transfer
of previously transferred property of the Department of
Defense from a Federal or State agency to another such
agency.
``(2) Each year, the Attorney General shall--
``(A) review all recipients of transferred equipment under
this section; and
``(B) make recommendations to the Secretary on recipients
that should be restricted, suspended, or terminated from the
program under this section based on the findings of the
Attorney General, including a finding that a recipient used
equipment to conduct actions against individuals that
infringe upon their rights under the First Amendment to the
Constitution of the United States.
``(3) In the case of a recipient that is under
investigation for a violation of, or is subject to a consent
decree authorized by, section 210401 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601),
the Attorney General shall provide a recommendation to the
Secretary with respect to the continued participation of the
recipient in the program under this section.
``(g) Annual Certification Accounting for Transferred
Property.--(1) For each fiscal year, the Secretary shall
submit to Congress certification in writing that each State
or local agency to which the Secretary has transferred
personal property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms, that
the Secretary has transferred to the agency, including any
item described in subsection (e) so transferred before the
date of enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3388); and
``(B) has carried out each of paragraphs (5) through (9) of
subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a State or local agency, the Secretary may
not transfer additional property to that agency under this
section.
``(h) Conditions for Extension of Program.--Notwithstanding
any other provision of law, amounts authorized to be
appropriated or otherwise made available for any fiscal year
may not be obligated or expended to carry out this section
unless the Secretary submits to the appropriate committees of
Congress a certification, for the preceding fiscal year,
that--
``(1) each non-Federal agency that has received personal
property under this section has--
``(A) demonstrated full and complete accountability for all
such property, in accordance with paragraph (2); or
``(B) been suspended or terminated from the program
pursuant to paragraph (3);
``(2) the State Coordinator responsible for each non-
Federal agency that has received property under this section
has verified that--
``(A) the State Coordinator or an agent of the State
Coordinator has conducted an inventory of the property
transferred to the agency; and
``(B)(i) all property transferred to the agency was
accounted for during the inventory described in subparagraph
(A); or
``(ii) the agency has been suspended or terminated from the
program pursuant to paragraph (3);
``(3) with respect to any non-Federal agency that has
received property under this section for which all of such
property was not accounted for during an inventory described
in paragraph (2), the eligibility of the agency to receive
property transferred under this section has been suspended or
terminated; and
``(4) each State Coordinator has certified, for each non-
Federal agency located in the State for which the State
Coordinator is responsible, that--
[[Page S4673]]
``(A) the agency has complied with all requirements under
this section; or
``(B) the eligibility of the agency to receive property
transferred under this section has been suspended or
terminated.
``(i) Annual Certification Accounting for Transferred
Property.--(1) The Secretary shall submit to the appropriate
committees of Congress each year a certification in writing
that each recipient to which the Secretary has transferred
personal property under this section during the preceding
fiscal year--
``(A) has provided to the Secretary documentation
accounting for all property the Secretary has previously
transferred to such recipient under this section; and
``(B) has complied with paragraphs (5) and (6) of
subsection (b) with respect to the property so transferred
during such fiscal year.
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a recipient, the Secretary may not transfer
additional property to such recipient under this section,
effective as of the date on which the Secretary would
otherwise make the certification under this subsection, and
such recipient shall be suspended or terminated from further
receipt of property under this section.
``(j) Reports to Congress.--Not later than 30 days after
the last day of a fiscal year, the Secretary shall submit to
Congress a report on the following for the preceding fiscal
year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary
value of such property, and the recipient that lost the
property.
``(2) The transfer of items under this section classified
under Supply Condition Code A, including specific information
about the type of property, the recipient of the property,
the original acquisition value of each item of the property,
and the total original acquisition of all such property
transferred during the fiscal year.
``(k) Publicly Accessible Website on Transferred Controlled
Property.--(1) The Secretary shall create, maintain, and
update on a quarterly basis a publicly available internet
website that provides information, in a searchable format, on
the controlled property transferred under this section and
the recipients of such property.
``(2) The contents of the internet website required under
paragraph (1) shall include all publicly accessible
unclassified information pertaining to the request, transfer,
denial, and repossession of controlled property under this
section, including--
``(A) a current inventory of all controlled property
transferred to Federal and State agencies under this section,
listed by--
``(i) the name of the Federal agency, or the State, county,
and recipient agency;
``(ii) the item name, item type, and item model;
``(iii) the date on which such property was transferred;
and
``(iv) the current status of such item;
``(B) all pending requests for transfers of controlled
property under this section, including the information
submitted by the Federal and State agencies requesting such
transfers;
``(C) a list of each agency suspended or terminated from
further receipt of property under this section, including any
State, county, or local agency, and the reason for and
duration of such suspension or termination; and
``(D) all reports required to be submitted to the Secretary
under this section by Federal and State agencies that receive
controlled property under this section.
``(l) Definitions.--In this section:
``(1) The term `agent of a State Coordinator' means any
individual to whom a State Coordinator formally delegates
responsibilities for the duties of the State Coordinator to
conduct inventories described in subsection (h)(2).
``(2) The term `appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
``(3) The term `controlled property' means any item
assigned a demilitarization code of B, C, D, E, G, or Q under
Department of Defense Manual 4160.21-M, `Defense Materiel
Disposition Manual', or any successor document.
``(4) The term `State Coordinator', with respect to a
State, means the individual appointed by the governor of the
State to maintain property accountability records and oversee
property use by the State.''.
(b) Interagency Law Enforcement Equipment Working Group.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Attorney General, in coordination
with the Secretary of Defense and the Secretary of Homeland
Security, shall establish an interagency Law Enforcement
Equipment Working Group (referred to in this subsection as
the ``Working Group'') to support oversight and policy
development functions for controlled equipment programs.
(2) Purpose.--The Working Group shall--
(A) examine and evaluate the Controlled and Prohibited
Equipment Lists for possible additions or deletions;
(B) track law enforcement agency controlled equipment
inventory;
(C) ensure Government-wide criteria to evaluate requests
for controlled equipment;
(D) ensure uniform standards for compliance reviews;
(E) harmonize Federal programs to ensure the programs have
consistent and transparent policies with respect to the
acquisition of controlled equipment by law enforcement
agencies;
(F) require after-action analysis reports for significant
incidents involving federally provided or federally funded
controlled equipment;
(G) develop policies to ensure that law enforcement
agencies abide by any limitations or affirmative obligations
imposed on the acquisition of controlled equipment or receipt
of funds to purchase controlled equipment from the Federal
Government and the obligations resulting from receipt of
Federal financial assistance;
(H) require a State and local governing body to review and
authorize a law enforcement agency's request for or
acquisition of controlled equipment;
(I) require that law enforcement agencies participating in
Federal controlled equipment programs receive necessary
training regarding appropriate use of controlled equipment
and the implementation of obligations resulting from receipt
of Federal financial assistance, including training on the
protection of civil rights and civil liberties;
(J) provide uniform standards for suspending law
enforcement agencies from Federal controlled equipment
programs for specified violations of law, including civil
rights laws, and ensuring those standards are implemented
consistently across agencies; and
(K) create a process to monitor the sale or transfer of
controlled equipment from the Federal Government or
controlled equipment purchased with funds from the Federal
Government by law enforcement agencies to third parties.
(3) Composition.--
(A) In general.--The Working Group shall be co-chaired by
the Attorney General, the Secretary of Defense, and the
Secretary of Homeland Security.
(B) Membership.--The Working Group shall be comprised of--
(i) representatives of interested parties, who are not
Federal employees, including appropriate State, local, and
Tribal officials, law enforcement organizations, civil rights
and civil liberties organizations, and academics; and
(ii) the heads of such other Federal agencies and offices
as the Co-Chairs may, from time to time, designate.
(C) Designation.--A member of the Working Group described
in subparagraph (A) or (B)(ii) may designate a senior-level
official from the agency or office represented by the member
to perform the day-to-day Working Group functions of the
member, if the designated official is a full-time officer or
employee of the Federal Government.
(D) Subgroups.--At the direction of the Co-Chairs, the
Working Group may establish subgroups consisting exclusively
of Working Group members or their designees under this
subsection, as appropriate.
(E) Executive director.--
(i) In general.--There shall be an Executive Director of
the Working Group, to be appointed by the Attorney General.
(ii) Responsibilities.--The Executive Director appointed
under clause (i) shall determine the agenda of the Working
Group, convene regular meetings, and supervise the work of
the Working Group under the direction of the Co-Chairs.
(iii) Funding.--
(I) In general.--To the extent permitted by law and using
amounts already appropriated, the Attorney General shall
fund, and provide administrative support for, the Working
Group.
(II) Requirement.--Each agency shall bear its own expenses
for participating in the Working Group.
(F) Coordination with the department of homeland
security.--In general, the Working Group shall coordinate
with the Homeland Security Advisory Council of the Department
of Homeland Security to identify areas of overlap or
potential national preparedness implications of further
changes to Federal controlled equipment programs.
(4) Rule of construction.--Nothing in this subsection shall
be construed as creating any right or benefit, substantive or
procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(c) Report on Department of Defense Transfer of Personal
Property to Law Enforcement Agencies and Other Entities.--
(1) Appropriate recipients defined.--In this subsection,
the term ``appropriate recipients'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Defense, in
consultation with the Attorney General and the Secretary of
Homeland Security, shall submit a report to the appropriate
recipients.
(3) Contents.--The report required under paragraph (2)
shall contain--
[[Page S4674]]
(A) a review of the efficacy of the surplus equipment
transfer program under section 1033 of title 10, United
States Code; and
(B) a determination of whether to recommend continuing or
ending the program described in subparagraph (A) in the
future.
______
SA 2344. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. IMPROVING TRANSPARENCY AND ACCOUNTABILITY OF
EDUCATIONAL INSTITUTIONS FOR PURPOSES OF
VETERANS EDUCATIONAL ASSISTANCE.
(a) Requirement Relating to G.I. Bill Comparison Tool.--
(1) Requirement to maintain tool.--The Secretary of
Veterans Affairs shall maintain the G.I. Bill Comparison Tool
that was established pursuant to Executive Order 13607 (77
Fed. Reg. 25861; relating to establishing principles of
excellence for educational institutions serving service
members, veterans, spouses, and other family members) and in
effect on the day before the date of enactment of this Act,
or a successor tool, to provide relevant and timely
information about programs of education approved under
chapter 36 of title 38, United States Code, and the
educational institutions that offer such programs.
(2) Data retention.--The Secretary shall ensure that
historical data that is reported via the tool maintained
under paragraph (1) remains easily and prominently accessible
on the benefits.va.gov website, or a successor website, for a
period of not less than six years from the date of initial
publication.
(b) Providing Timely and Relevant Education Information to
Veterans, Members of the Armed Forces, and Other
Individuals.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in consultation with the Secretary of Education, the
Secretary of the Treasury, and the heads of other relevant
Federal agencies, shall make such changes to the tool
maintained under subsection (a) as the Secretary of Veterans
Affairs determines appropriate to ensure that such tool is an
effective and efficient method for providing information
pursuant to section 3698(b)(5) of title 38, United States
Code.
(2) Memorandum of understanding required.--Not later than
two years after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall seek to enter into a
memorandum of understanding with the Secretary of Education
and the heads other relevant Federal agencies, as the
Secretary of Veterans Affairs determines appropriate, to
obtain information on outcomes with respect to individuals
who are entitled to educational assistance under the laws
administered by the Secretary of Veterans Affairs and who are
attending educational institutions. Such memorandum of
understanding may include data sharing or computer matching
agreements.
(3) Modification of scope of comprehensive policy on
providing education information.--Section 3698 of title 38,
United States Code, is amended--
(A) in subsection (a), by striking ``veterans and members
of the Armed Forces'' and inserting ``individuals entitled to
educational assistance under laws administered by the
Secretary of Veterans Affairs''; and
(B) in subsection (b)(5)--
(i) by striking ``veterans and members of the Armed
Forces'' and inserting ``individuals described in subsection
(a)''; and
(ii) by striking ``the veteran or member'' and inserting
``the individual''.
(4) G.I. bill comparison tool required disclosures.--
Paragraph (1) of subsection (c) of such section is amended--
(A) by striking subparagraph (B) and inserting the
following:
``(B) for each individual described in subsection (a)
seeking information provided under subsection (b)(5), the
name of each Federal student aid program, and a description
of each such program, from which the individual may receive
educational assistance;'';
(B) in subparagraph (C)--
(i) in clause (i), by inserting ``and a definition of each
type of institution'' before the semicolon;
(ii) in clause (iv), by inserting ``and if so, which
programs'' before the semicolon;
(iii) by striking clause (v) and inserting the following:
``(v) the average annual cost and the total cost to earn an
associate's degree and a bachelor's degree, with available
cost information on any other degree or credential the
institution awards;'';
(iv) in clause (vi), by inserting before the semicolon the
following: ``disaggregated by--
``(I) the type of beneficiary of educational assistance;
``(II) individuals who received a credential and
individuals who did not; and
``(III) individuals using educational assistance under laws
administered by the Secretary and individuals who are not'';
(v) in clause (xiv), by striking ``and'' at the end;
(vi) in clause (xv), by striking the period at the end and
inserting a semicolon; and
(vii) by adding at the end the following new clauses:
``(xvi) the number of veterans or members who completed
covered education at the institution leading to--
``(I) a degree, disaggregated by type of program,
including--
``(aa) an associate degree;
``(bb) a bachelor's degree; and
``(cc) a postbaccalaureate degree; and
``(II) a certificate or professional license, disaggregated
by type of certificate or professional license;
``(xvii) programs available and the average time for
completion of each program;
``(xviii) employment rate and median income of graduates of
the institution in general two and five years after
graduation, disaggregated by--
``(I) specific program; and
``(II) individuals using educational assistance under laws
administered by the Secretary and individuals who are not;
and
``(xix) the number of individuals using educational
assistance under laws administered by the Secretary who are
enrolled in the both the institution and specific program per
year.''.
(5) Clarity and anonymity of information provided.--
Paragraph (2) of such subsection is amended--
(A) by inserting ``(A)'' before ``To the extent''; and
(B) by adding at the end the following new subparagraph:
``(B) The Secretary shall ensure that information provided
pursuant to subsection (b)(5) is provided in a manner that is
easy for, and accessible to, individuals described in
subsection (a).
``(C) In providing information pursuant to subsection
(b)(5), the Secretary shall maintain the anonymity of
individuals described in subsection (a) and, to the extent
that a portion of any data would undermine such anonymity,
ensure that such data is not made available pursuant to such
subsection.''.
(c) Improvements for Student Feedback.--
(1) In general.--Subsection (b)(2) of such section is
amended--
(A) by amending subparagraph (A) to read as follows:
``(A) provides institutions of higher learning--
``(i) up to 30 days to review and respond to feedback from
individuals described in subsection (a) and address issues
regarding the feedback before the feedback is published; and
``(I) if an institution of higher learning contests the
accuracy of the feedback, the opportunity to challenge the
inclusion of such data with an official appointed by the
Secretary;'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking ``that conforms with
criteria for relevancy that the Secretary shall determine.''
and inserting ``, and responses from institutions of higher
learning to such feedback, that conform with criteria for
relevancy that the Secretary shall determine;''; and
(D) by adding at the end the following new subparagraphs:
``(D) for each institution of higher learning that is
approved under this chapter, retains, maintains, and
publishes all of such feedback for not less than six years;
and
``(E) is easily accessible to individuals described in
subsection (a) and to the general public.''.
(2) Accessibility from g.i. bill comparison tool.--The
Secretary shall ensure that--
(A) the feedback tracked and published under subsection
(b)(2) of such section, as amended by paragraph (1), is
prominently displayed in the tool maintained under subsection
(a) of this section; and
(B) when such tool displays information for an institution
of higher learning, the applicable feedback is also displayed
for such institution of higher learning.
(d) Training for Provision of Education Counseling
Services.--
(1) In general.--Not less than one year after the date of
the enactment of this Act, the Secretary shall ensure that
personnel employed by the Department of Veteran Affairs, or a
contractor of the Department, to provide education benefits
counseling, vocational or transition assistance, or similar
functions, including employees or contractors of the
Department who provide such counseling or assistance as part
of the Transition Assistance Program, are trained on how--
(A) to use properly the tool maintained under subsection
(a); and
(B) to provide appropriate educational counseling services
to individuals described in section 3698(a) of such title, as
amended by subsection (b)(3)(A).
(2) Transition assistance program defined.--In this
subsection, the term ``Transition Assistance Program'' means
the program of counseling, information, and services under
section 1142 of title 10, United States Code.
______
SA 2345. Mr. BOOKER (for himself, Mr. Schumer, Mr. Rounds, and Mr.
Heinrich) submitted an amendment intended to be proposed by him to the
[[Page S4675]]
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PRIZE COMPETITIONS FOR ARTIFICIAL INTELLIGENCE
RESEARCH AND DEVELOPMENT.
(a) Definition.--Except as otherwise expressly provided, in
this section the term ``Director'' means the Director of the
National Science Foundation.
(b) Establishment of Program.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Director, in coordination with the
Interagency Committee established under section 5103 of the
National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9413), shall establish a program to award prizes,
utilizing the authorities and processes established under
section 24 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3719), to eligible participants as
determined by the Director pursuant to subsection (e) to
stimulate artificial intelligence research, development, and
commercialization that solves or advances specific, well-
defined, and measurable grand challenges in 1 or more of the
following categories:
(A) National security.
(B) Cybersecurity.
(C) Health.
(D) Energy.
(E) Environment.
(F) Transportation.
(G) Agriculture and rural development.
(H) Education and workforce training.
(I) Manufacturing.
(J) Space and aerospace.
(K) Quantum computing, including molecular modeling and
simulation.
(L) Materials science.
(M) Supply chain resilience.
(N) Disaster preparedness.
(O) Natural resources management.
(P) Cross cutting challenges in artificial intelligence,
including robustness, interpretability, explainability,
transparency, safety, privacy, content provenance, and bias
mitigation.
(2) Designation.--The grand challenges and prize
competition program established under paragraph (1) shall be
known as the ``AI Grand Challenges Program''.
(3) Rotators.--Participants in the Rotator Program of the
National Science Foundation may support the development and
implementation of the AI Grand Challenges Program.
(c) Grand Challenges Selection and Grand Challenges
Information.--
(1) In general.--
(A) Consultation on identification and selection.--The
Director shall consult with the Director of the Office of
Science and Technology Policy, the Director of the National
Institute of Standards and Technology, the Director of the
Defense Advanced Research Projects Agency, the heads of
relevant Federal agencies, and the National Artificial
Intelligence Advisory Committee to identify and select
artificial intelligence research and development grand
challenges in which eligible participants will compete to
solve or advance for prize awards under subsection (b).
(B) Public input on identification.--The Director shall
also seek public input on the identification of artificial
intelligence research and development grand challenges.
(2) Problem statements; success metrics.--For each grand
challenge selected under paragraph (1) and the grand
challenge under paragraph (3), the Director shall--
(A) establish a specific and well-defined grand challenge
problem statement and ensure that such problem statement is
published on the National Science Foundation website linking
out to relevant prize competition listings on the website
Challenge.gov that is managed by the General Services
Administration; and
(B) establish and publish on the website Challenge.gov
clear targets, success metrics, and validation protocols for
the prize competitions designed to address each grand
challenge, in order to provide specific benchmarks that will
be used to evaluate submissions to the prize competition.
(3) Grand challenge for artificial intelligence-enabled
cancer breakthroughs.--
(A) Required prize competition.--Not later than 1 year
after the date of enactment of this Act, the Director, in
consultation with the Director of the Office of Science and
Technology Policy and the Director of the National Institutes
of Health, shall establish not less than 1 grand challenge in
which eligible participants will compete in a prize
competition to solve or advance solutions for prize awards
under subsection (b) that seek to advance medical
breakthroughs to address 1 or more of the most lethal forms
of cancer and related comorbidities. The grand challenge
shall relate to detection, diagnostics, treatments,
therapeutics, or other innovations in artificial intelligence
to increase the total quality-adjusted life years of those
affected or likely to be affected by cancer.
(B) Prize amount.--In carrying out the prize competition
under subparagraph (A), the Director shall award not less
than $10,000,000 in cash prize awards to each winner.
(4) Ambitious and achievable goals.--Grand challenges
selected under paragraph (1) and the grand challenge under
paragraph (3) shall be ambitious but achievable goals that
utilize science, technology, and innovation to solve or
advance solutions to problems to benefit the United States.
(d) Additional Consultation.--The Director may consult
with, and incorporate effective practices from, other
entities that have developed successful large-scale
technology demonstration prize competitions, including the
Defense Advanced Research Projects Agency, the National
Aeronautics and Space Administration, other Federal agencies,
private sector enterprises, and nonprofit organizations, in
the development and implementation of the AI Grand Challenges
Program and related prize competitions, including on the
requirements under subsection (e).
(e) Requirements.--
(1) In general.--The Director shall develop requirements
for--
(A) the prize competition process, including eligibility
criteria for participants, consistent with the requirements
under paragraph (2); and
(B) testing, judging, and verification procedures for
submissions to receive a prize award under the AI Grand
Challenges Program.
(2) Eligibility requirement and judging.--
(A) Eligibility.--In accordance with the requirement
described in section 24(g)(3) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719(g)(3)), a
recipient of a prize award under the AI Grand Challenges
Program--
(i) that is a private entity shall be incorporated in and
maintain a primary place of business in the United States;
and
(ii) who is an individual, whether participating singly or
in a group, shall be a citizen or permanent resident of the
United States.
(B) Judges.--In accordance with section 24(k) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719(k)), a judge of a prize competition under the AI Grand
Challenges Program may be an individual from the private
sector.
(f) Prize Amount.--
(1) In general.--In carrying out the AI Grand Challenges
Program, the Director--
(A) shall award not less than $1,000,000 in cash prize
awards to each winner of the prize competitions, except as
provided in subsection (c)(3); and
(B) may also utilize non-cash awards.
(2) Larger awards.--The Director may award prizes under the
AI Grand Challenges Program that are more than $50,000,000,
pursuant to the requirements under section 24(m)(4)(A) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719(m)(4)(A)).
(g) Funding.--
(1) In general.--In accordance with section 24(m)(1) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719(m)(1)), the Director may request and accept funds from
other Federal agencies, State, United States territory,
local, or Tribal government agencies, for-profit entities,
and nonprofit entities to support the AI Grand Challenges
Program.
(2) Prohibition on consideration for support.--The Director
may not consider any support provided by an agency or entity
under paragraph (1) in determining the winners of prize
awards under subsection (b).
(h) Reports.--
(1) Notification of winning submission.--Not later than 60
days after the date on which a prize is awarded under the AI
Grand Challenges Program, the Director shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Science, Space, and Technology of
the House of Representatives, and other relevant committees
of Congress a report that describes the winning submission to
the prize competition and its benefits to the United States.
(2) Biennial report.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Director shall submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Science,
Space, and Technology of the House of Representatives, and
other relevant committees of Congress a report that
includes--
(i) a description of the activities carried out under this
Act;
(ii) a description of the active competitions and the
results of completed competitions under the AI Grand
Challenges Program; and
(iii) efforts to provide information to the public about
the AI Grand Challenges Program to encourage participation.
(B) Public accessibility.--The Director shall make the
biennial report required under subparagraph (A) publicly
accessible, including by posting the biennial report on the
website of the National Science Foundation in an easily
accessible location.
(i) Accessibility.--In carrying out the AI Grand Challenges
Program, the Director shall post the active prize
competitions and available prize awards under subsection (b)
to Challenge.gov after the grand challenges are selected and
the prize competitions are designed pursuant to subsections
(c) and (e) to ensure the prize competitions are widely
accessible to eligible participants.
[[Page S4676]]
______
SA 2346. Mr. WELCH (for himself and Mr. Johnson) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. PLAN FOR ADDITIONAL SKILL IDENTIFIERS FOR ARMY
MOUNTAIN WARFARE SCHOOL.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
develop and implement a plan to establish each of the
following:
(1) Additional skill identifiers for the following courses
at the Army Mountain Warfare School:
(A) Advanced Military Mountaineer Course (Summer).
(B) Advanced Military Mountaineer Course (Winter).
(C) Rough Terrain Evacuation Course.
(D) Mountain Planner Course.
(E) Mountain Rifleman Course.
(2) New skill identifiers for officers and warrant officers
who complete the Basic Military Mountaineer Course and the
Mountain Planner Course.
(b) Briefing on Plan.--Not later than 30 days after the
date on which the Secretary completes the plan under
subsection (a), the Secretary shall provide to the
congressional defense committees a briefing on the plan and
the implementation of the plan.
______
SA 2347. Mr. WELCH (for himself, Ms. Murkowski, Mr. Tillis, Ms.
Klobuchar, and Mrs. Gillibrand) submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title I, add the following:
SEC. 114. FUNDING FOR SOLID WASTE DISPOSAL SYSTEMS.
(a) In General.--The amount authorized to be appropriated
by section 101 for Other Procurement, Army, for Modification
of In-Svc Equipment, as specified in the funding table in
section 4101, is hereby increased by $8,950,000, with the
amount of the increase to be available for solid waste
disposal systems.
(b) Offset.--The amount authorized to be appropriated by
section 301 for Operations and Maintenance, Army, for
Additional Activities, as specified in the funding table in
section 4301, is hereby reduced by $8,950,000, with the
amount of the reduction to be derived from amounts for the
use of open-air burn pits in contingency operations.
______
SA 2348. Mr. WELCH (for himself, Mrs. Capito, Ms. Murkowski, Ms.
Klobuchar, and Mrs. Gillibrand) submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. REPORT ON AIRBORNE HAZARDS AND OPEN BURN PIT
REGISTRY 2.0.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to
Congress a report on the current status and timeline for when
the redesigned Airborne Hazards and Open Burn Pit Registry
2.0 will be completed.
______
SA 2349. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. OUTREACH TO MEMBERS OF THE ARMED FORCES REGARDING
POSSIBLE TOXIC EXPOSURE.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
establish--
(1) a new risk assessment for toxic exposure for members of
the Armed Forces assigned to work near burn pits; and
(2) an outreach program to inform such members regarding
such toxic exposure. Such program shall include information
regarding benefits and support programs furnished by the
Secretary (including eligibility requirements and timelines)
regarding toxic exposure.
(b) Promotion.--The Secretary of Defense shall promote the
program to members described in subsection (a) by direct
mail, email, text messaging, and social media.
(c) Publication.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
publish on a website of the Department of Defense a list of
resources furnished by the Secretary for--
(1) members and veterans who experienced toxic exposure in
the course of serving as a member of the Armed Forces;
(2) dependents and caregivers of such members and veterans;
and
(3) survivors of such members and veterans who receive
death benefits under laws administered by the Secretary.
(d) Toxic Exposure Defined.--In this section, the term
``toxic exposure'' has the meaning given the term in section
101 of title 38, United States Code.
______
SA 2350. Mr. BLUMENTHAL submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. LIMITED AUTHORITY TO USE THE ARMED FORCES TO
SUPPRESS INSURRECTION OR REBELLION AND QUELL
DOMESTIC VIOLENCE.
(a) Short Title.-- This section may be cited as the
``Insurrection Act of 2024''.
(b) Statement of Constitutional Authority.--This section
represents an exercise of Congress's authorities under--
(1) clauses 14, 15, 16, and 18 of section 8 of article I of
the Constitution of the United States;
(2) section 4 of article IV of the Constitution of the
United States; and
(3) section 5 of the 14th Amendment to the Constitution of
the United States.
(c) Amendments to Insurrection Provisions in Title 10,
United States Code.--Chapter 13 of title 10, United States
Code, is amended by striking sections 251 through 255 and
inserting the following new sections:
``Sec. 251. Statement of policy
``It is the policy of the United States that domestic
deployment of the armed forces for the purposes set forth in
this chapter should be a last resort and should be ordered
only if State and local authorities in the State concerned
are unable or otherwise fail to suppress the insurrection or
rebellion, quell the domestic violence, or enforce the laws
that are being obstructed, and Federal civilian law
enforcement authorities are unable to do so.
``Sec. 252. Triggering circumstances
``(a) In General.--The authorities granted to the President
by section 253 may be exercised only if--
``(1) there is an insurrection or rebellion in a State--
``(A) against the State or local government, in such
numbers, or with such force or capacity, as to overwhelm
State or local authorities, and the chief executive of the
State requests assistance under this chapter; or
``(B) against the Government of the United States, in such
numbers, or with such force or capacity, as to overwhelm
State or local authorities;
``(2) there is domestic violence in a State that is
sufficiently widespread or severe as to overwhelm State or
local authorities, and the chief executive of the State, or
super majority of the State legislature, requests assistance
under this chapter; or
``(3) there is, within a State--
``(A) obstruction of the execution of State or Federal law
that has the effect of depriving any party or class of the
people of that State of a right, privilege, immunity, or
protection named in the Constitution and secured by law, and
State or local authorities or Federal civilian law
enforcement personnel are unable, fail, or refuse to protect
that right, privilege, or immunity, or to give that
protection;
``(B) obstruction of the execution of Federal law by
private actors where such obstruction creates an immediate
threat to public safety and the use of State or local
authorities and Federal civilian law enforcement personnel is
insufficient to ensure execution of the law and--
``(i) the private actors are in such numbers, or with such
force or capacity, as to overwhelm State or local authorities
and Federal civilian law enforcement personnel; or
``(ii) State or local authorities and Federal civilian law
enforcement personnel otherwise fail to address the
obstruction; or
``(C) obstruction of the execution of Federal law by the
State or its agents, where the use of Federal civilian law
enforcement personnel is insufficient to ensure execution of
the law.
[[Page S4677]]
``(b) Rules of Construction.--(1) Subsection (a)(3)(A)
shall be construed to encompass the obstruction of any
provision of the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) or section 2004 of the Revised Statutes (52 U.S.C.
10101) regarding protection of the right to vote. Any
deployment of the armed forces in such circumstances shall be
subject to section 2003 of the Revised Statutes (52 U.S.C.
10102), sections 592 and 593 of title 18, and any other
applicable statutory limitations designed to protect the
right to vote.
``(2) In any situation covered by subsection (a)(3)(A), the
State shall be considered to have denied the equal protection
of the laws secured by the Constitution.
``Sec. 253. Authority of the President
``(a) In General.--Subject to subsection (b) and sections
254 through 257, the President may, if the conditions
specified in section 252 are met, order to active duty any
reserve component forces and use the armed forces to suppress
the insurrection or rebellion, quell the domestic violence,
or enforce the laws that are being obstructed.
``(b) Limitations.--(1) During any deployment of the armed
forces under subsection (a), the armed forces shall remain
subordinate to the chain of command prescribed in section
162(b) of this title.
``(2) Any part of the armed forces employed to suppress an
insurrection or rebellion, quell domestic violence, or
enforce the law under the authorities granted by subsection
(a) must operate under the Standing Rules for the Use of
Force.
``(3) Nothing in this chapter shall be construed to
authorize--
``(A) suspension of the writ of habeas corpus; or
``(B) any action that violates Federal law or, where
consistent with Federal law, State law.
``(c) Standing Rules for the Use of Force.--In this
section, the term `Standing Rules for the Use of Force' means
Chairman of the Joint Chiefs of Staff Instruction (CJCSI)
3121.01B, dated June 13, 2005, and entitled, `Standing Rules
of Engagement/Standing Rules for the Use of Force for U.S.
Forces', or any successor instruction.
``Sec. 254. Consultation with Congress; proclamation to
disperse; reporting requirement; effective periods of
authorities
``(a) Consultation.--The President shall, to the maximum
extent practicable, consult with Congress before exercising
the authorities granted under section 253.
``(b) Proclamation.--Before exercising the authorities
granted by section 253, the President shall, by proclamation
immediately transmitted to Congress and the Federal
Register--
``(1) specify which paragraph and, where applicable,
subparagraph and clause, of section 252(a) provides the basis
for such exercise of authority; and
``(2) order the lawbreakers to disperse peaceably within a
reasonable, limited time period.
``(c) Report.--Contemporaneously with the proclamation
required under subsection (b), the President shall submit to
the President pro tempore of the Senate and the Speaker of
the House of Representatives a written report setting forth
the following:
``(1) The circumstances necessitating the exercise of the
authorities granted to the President by section 253.
``(2) Where applicable, a certification by the Attorney
General of the United States that the chief executive of the
State in question has requested assistance under this chapter
or that State authorities are unable or have otherwise failed
to address the circumstances necessitating exercise of the
President's authorities under section 253.
``(3) Certification by the Attorney General of the United
States that options other than the use of the armed forces
have been exhausted, or that those options would likely be
insufficient to resolve the situation and that delay would
likely cause significant harm.
``(4) A description of the size, mission, scope, and
expected duration of the use of the armed forces, with a
certification by the relevant Service Secretary or
Secretaries that, in their best military advice and opinion,
the armed forces to be called for duty are trained, equipped,
and able to complete the assigned mission.
``Sec. 255. Congressional approval
``(a) Temporary Effective Periods.--(1) Any authority made
available under section 253 shall terminate 7 days after the
President makes the proclamation required under section
254(b) unless--
``(A) there is enacted into law a joint resolution of
approval under subsection (b) with respect to the
proclamation; or
``(B) there is a material and significant change in factual
circumstances that are set forth in a new proclamation and
report to Congress as provided in subsections (b) and (c) of
section 254.
``(2) Notwithstanding subparagraphs (A) and (B) of
paragraph (1), no authority may be exercised after the 7-day
period described in such paragraph if the exercise of
authority has been enjoined by a court of competent
jurisdiction.
``(3) If Congress is physically unable to convene as a
result of an insurrection, rebellion, domestic violence, or
obstruction of law described in a proclamation issued
pursuant to section 254(b), the 7-day period described in
paragraph (1) shall begin on the first day Congress convenes
for the first time after the insurrection, rebellion,
domestic violence, or obstruction of law.
``(b) Effect of a Joint Resolution of Approval.--If there
is enacted into law a joint resolution of approval as defined
in subsection (d), then any authority made available under
this chapter may be exercised with respect to the
insurrection, rebellion, or domestic violence described in
the proclamation that is the subject of such resolution for
14 days from the date of the enactment of such resolution,
except that such exercise of authority must terminate if
enjoined by a court of competent jurisdiction on the ground
that it violates the terms of this chapter, the Constitution
of the United States, or other applicable Federal law.
``(c) Renewal of Joint Resolutions of Approval.--An
exercise of authority subject to a joint resolution of
approval may not be exercised for longer than 14 days,
unless--
``(1) there is enacted into law another joint resolution of
approval renewing the President's authority pursuant to
section 253; or
``(2) there has been a material and significant change in
factual circumstances that are set forth in a new
proclamation and report to Congress as provided in
subsections (b) and (c) of section 254.
``(d) Joint Resolution of Approval Defined.--In this
section, the term `joint resolution of approval' means a
joint resolution that contains only the following provisions
after its resolving clause:
``(1) A provision approving the exercise of authority
specified by the President in a proclamation made under
subsection (b) of section 254.
``(2) A statement that the exercise of authority may
continue for a period of 14 days unless enjoined by a court
of competent jurisdiction on the ground that it violates the
terms of this chapter, the Constitution of the United States,
or other applicable Federal or State law.
``(e) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--A joint resolution of approval may be
introduced in either House of Congress by any member of that
House at any time that authority under section 253 is in
effect pursuant to a proclamation made under section 254(b)
or a joint resolution of approval enacted into law pursuant
to subsection (b).
``(2) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation under
section 254(b) [or at any time that authority under section
253 is in effect as described in paragraph (1)], Congress has
adjourned sine die or has adjourned for any period in excess
of 3 calendar days, the majority leader of the Senate and the
Speaker of the House of Representatives, or their respective
designees, acting jointly after consultation with and with
the concurrence of the minority leader of the Senate and the
minority leader of the House, shall notify the Members of the
Senate and House, respectively, to reassemble at such place
and time as they may designate if, in their opinion, the
public interest shall warrant it.
``(3) Committee referral.--A joint resolution of approval
shall be referred in each House of Congress to the committee
or committees having jurisdiction over the emergency
authorities invoked by the proclamation under section 254(b)
that are the subject of the joint resolution.
``(4) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to which a
joint resolution of approval has been referred has not
reported it at the end of 3 calendar days after its
introduction, that committee shall be automatically
discharged from further consideration of the resolution and
it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, when the committee
to which a joint resolution of approval is referred has
reported the resolution, or when that committee is discharged
under subparagraph (A) from further consideration of the
resolution, it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of
the joint resolution, and all points of order against the
joint resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is subject to 4
hours of debate divided evenly between those favoring and
those opposing the joint resolution of approval. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business.
``(C) Floor consideration.--A joint resolution of approval
shall be subject to 10 hours of consideration, to be divided
evenly between those favoring and those opposing the joint
resolution of approval.
``(D) Amendments.--No amendments shall be in order with
respect to a joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including questions of
relevancy, and appeals from the decision of the Presiding
Officer, shall be decided without debate.
``(5) Consideration in house of representatives.--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to which a
joint resolution of approval has been referred has not
reported it
[[Page S4678]]
to the House within 3 calendar days after the date of
referral, such committee shall be discharged from further
consideration of the joint resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third legislative day
after each committee to which a joint resolution of approval
has been referred reports it to the House or has been
discharged from further consideration of the joint
resolution, and except as provided in clause (ii), it shall
be in order to move to proceed to consider the joint
resolution in the House. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A
motion to reconsider the vote by which the motion is disposed
of shall not be in order.
``(ii) Subsequent motions to proceed to joint resolution of
approval.--A motion to proceed to consider a joint resolution
of approval shall not be in order after the House has
disposed of another motion to proceed on that resolution.
``(C) Floor consideration.--Upon adoption of the motion to
proceed in accordance with subparagraph (B)(i), the joint
resolution of approval shall be considered as read. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except
2 hours of debate, equally divided and controlled by the
sponsor of the joint resolution (or a designee) and an
opponent. A motion to reconsider the vote on passage of the
joint resolution shall not be in order.
``(D) Amendments.--No amendments shall be in order with
respect to a joint resolution of approval.
``(6) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives a
joint resolution of approval from the other House, then--
``(A) the joint resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day it is received; and
``(B) the procedures set forth in paragraphs (4) and (5),
as applicable, shall apply in the receiving House to the
joint resolution received from the other House to the same
extent as such procedures apply to a joint resolution of the
receiving House.
``(f) Rule of Construction.--The enactment of a joint
resolution of approval under this section shall not be
interpreted to serve as a grant or modification by Congress
of statutory authority of the President.
``(g) Rules of the House and Senate.--This section is
enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in the House in the case of joint resolutions
described in this section, and supersedes other rules only to
the extent that it is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``Sec. 256. Termination of authority
``(a) In General.--Any exercise of authority specified by
the President in a proclamation made under subsection (b) of
section 254 shall terminate on the earliest of--
``(1) the date provided for in section 255(a);
``(2) the date provided for in section 255(b);
``(3) the date specified in an Act of Congress terminating
the authority;
``(4) the date specified in a proclamation of the President
terminating the emergency; or
``(5) the date of a revocation of a request for assistance
under this chapter by the chief executive of the State in
question.
``(b) Effect of Termination.--
``(1) In general.--Effective on the date of the termination
of authority under subsection (a)--
``(A) except as provided by paragraph (2), any powers or
authorities exercised by reason of the authority shall cease
to be exercised;
``(B) any amounts reprogrammed or transferred under any
provision of law with respect to the exercise of authority
that remain unobligated on that date shall be returned and
made available for the purpose for which such amounts were
appropriated; and
``(C) any contracts entered into under any provision of law
relating to the execution of authority shall be terminated.
``(2) Savings provision.--The termination of an exercise of
authority under this chapter shall not affect--
``(A) any legal action taken or pending legal proceeding
not finally concluded or determined on the date of the
termination under subsection (a);
``(B) any legal action or legal proceeding based on any act
committed prior to that date; or
``(C) any rights or duties that matured or penalties that
were incurred prior to that date.
``Sec. 257. Judicial review
``(a) In General.--Notwithstanding, and without prejudice
to, any other provision of law, any individual or entity
(including a State or local government) that is injured by,
or has a credible fear of injury from, the use of members of
the armed forces under this chapter may bring a civil action
for declaratory or injunctive relief. In any action under
this section, the district court shall have jurisdiction to
decide any question of law or fact arising under this
chapter, including challenges to the legal basis for members
of the armed forces to be acting under this chapter.
``(b) Standard of Review.--A determination that the
conditions specified in section 252 are met shall be upheld
if supported by substantial evidence.
``(c) Expedited Consideration.--It shall be the duty of the
applicable district court of the United States and the
Supreme Court of the United States to advance on the docket
and to expedite to the greatest possible extent the
disposition of any matter brought under this section.
``(d) Appeals.--
``(1) In general.--The Supreme Court of the United States
shall have jurisdiction of an appeal from a final decision of
a district court of the United States in a civil action
brought under this section.
``(2) Filing deadline.--A party shall file an appeal under
paragraph (1) not later than 30 days after the court issues a
final decision under subsection (a).
``Sec. 258. State defined
``For purposes of this chapter, the term `State' includes
the Commonwealth of Puerto Rico, the District of Columbia,
Guam, and the Virgin Islands.
``Sec. 259. Limitation on use of National Guard members
performing training or other duty for certain purposes
``A member of the National Guard performing training or
other duty under section 502(a) or (f) of title 32 may not be
used to suppress a domestic insurrection or rebellion, quell
domestic violence, or enforce the law.''.
(d) Conforming Amendments.--
(1) Use of state defense forces.--Section 109(c) of title
32, United States Code, is amended by inserting ``, except as
provided by section 253 of title 10'' after ``armed forces''.
(2) Table of sections.--The table of sections at the
beginning of chapter 13 of title 10, United States Code, is
amended to read as follows:
``Sec.
``251. Statement of policy.
``252. Triggering circumstances.
``253. Authority of the President.
``254. Consultation with Congress; proclamation to disperse; reporting
requirement; effective periods of authorities.
``255. Congressional approval.
``256. Termination.
``257. Judicial review.
``258. State defined.
``259. Limitation on use of National Guard members performing training
or other duty for certain purposes.''.
______
SA 2351. Mr. HICKENLOOPER (for himself, Ms. Lummis, and Ms. Sinema)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle E--Orbital Sustainability Act of 2024
SEC. 1551. SHORT TITLE.
This subtitle may be cited as the ``Orbital Sustainability
Act of 2024'' or the ``ORBITS Act of 2024''.
SEC. 1552. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The safety and sustainability of operations in low-
Earth orbit and nearby orbits in outer space have become
increasingly endangered by a growing amount of orbital
debris.
(2) Exploration and scientific research missions and
commercial space services of critical importance to the
United States rely on continued and secure access to outer
space.
(3) Efforts by nongovernmental space entities to apply
lessons learned through standards and best practices will
benefit from government support for implementation both
domestically and internationally.
(b) Sense of Congress.--It is the sense of Congress that to
preserve the sustainability of operations in space, the
United States Government should--
(1) to the extent practicable, develop and carry out
programs, establish or update regulations, and commence
initiatives to minimize orbital debris, including initiatives
to demonstrate active debris remediation of orbital debris
generated by the United States Government or other entities
under the jurisdiction of the United States;
(2) lead international efforts to encourage other
spacefaring countries to mitigate and remediate orbital
debris under their jurisdiction and control; and
(3) encourage space system operators to continue
implementing best practices for space safety when deploying
satellites and constellations of satellites, such as
transparent data sharing and designing for system
reliability, so as to limit the generation of future orbital
debris.
[[Page S4679]]
SEC. 1553. DEFINITIONS.
In this subtitle:
(1) Active debris remediation.--The term ``active debris
remediation''--
(A) means the deliberate process of facilitating the de-
orbit, repurposing, or other disposal of orbital debris,
which may include moving orbital debris to a safe position,
using an object or technique that is external or internal to
the orbital debris; and
(B) does not include de-orbit, repurposing, or other
disposal of orbital debris by passive means.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
(B) the Committee on Appropriations, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, and the Committee on Armed Services of the House of
Representatives.
(4) Demonstration project.--The term ``demonstration
project'' means the active orbital debris remediation
demonstration project carried out under section 1554(b).
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a United States-based--
(i) non-Federal, commercial entity;
(ii) institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
(iii) nonprofit organization;
(B) any other United States-based entity the Administrator
considers appropriate; and
(C) a partnership of entities described in subparagraphs
(A) and (B).
(6) Orbital debris.--The term ``orbital debris'' means any
human-made space object orbiting Earth that--
(A) no longer serves an intended purpose; and
(B)(i) has reached the end of its mission; or
(ii) is incapable of safe maneuver or operation.
(7) Project.--The term ``project'' means a specific
investment with defined requirements, a life-cycle cost, a
period of duration with a beginning and an end, and a
management structure that may interface with other projects,
agencies, and international partners to yield new or revised
technologies addressing strategic goals.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Space traffic coordination.--The term ``space traffic
coordination'' means the planning, coordination, and on-orbit
synchronization of activities to enhance the safety and
sustainability of operations in the space environment.
SEC. 1554. ACTIVE DEBRIS REMEDIATION.
(a) Prioritization of Orbital Debris.--
(1) List.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Administrator, the Secretary of Defense, the Secretary of
State, the National Space Council, and representatives of the
commercial space industry, academia, and nonprofit
organizations, shall publish a list of select identified
orbital debris that may be remediated to improve the safety
and sustainability of orbiting satellites and on-orbit
activities.
(2) Contents.--The list required under paragraph (1)--
(A) shall be developed using appropriate sources of data
and information derived from governmental and nongovernmental
sources, including space situational awareness data obtained
by the Office of Space Commerce, to the extent practicable;
(B) shall include, to the extent practicable--
(i) a description of the approximate age, location in
orbit, size, mass, tumbling state, post-mission passivation
actions taken, and national jurisdiction of each orbital
debris identified; and
(ii) data required to inform decisions regarding potential
risk and feasibility of safe remediation;
(C) may include orbital debris that poses a significant
risk to terrestrial people and assets, including risk
resulting from potential environmental impacts from the
uncontrolled reentry of the orbital debris identified; and
(D) may include collections of small debris that, as of the
date of the enactment of this Act, are untracked.
(3) Public availability; periodic updates.--
(A) In general.--Subject to subparagraph (B), the list
required under paragraph (1) shall be published in
unclassified form on a publicly accessible internet website
of the Department of Commerce.
(B) Exclusion.--The Secretary may not include on the list
published under subparagraph (A) data acquired from nonpublic
sources.
(C) Periodic updates.--Such list shall be updated
periodically.
(4) Acquisition, access, use, and handling of data or
information.--In carrying out the activities under this
subsection, the Secretary--
(A) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy, including laws and policies providing for
the protection of privacy and civil liberties, and subject to
any restrictions required by the source of the information;
(B) shall have access, upon written request, to all
information, data, or reports of any executive agency that
the Secretary determines necessary to carry out the
activities under this subsection, provided that such access
is--
(i) conducted in a manner consistent with applicable
provisions of law and policy of the originating agency,
including laws and policies providing for the protection of
privacy and civil liberties; and
(ii) consistent with due regard for the protection from
unauthorized disclosure of classified information relating to
sensitive intelligence sources and methods or other
exceptionally sensitive matters; and
(C) may obtain commercially available information that may
not be publicly available.
(b) Active Orbital Debris Remediation Demonstration
Project.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, subject to the availability of
appropriations, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
establish a demonstration project to make competitive awards
for the research, development, and demonstration of
technologies leading to the remediation of selected orbital
debris identified under subsection (a)(1).
(2) Purpose.--The purpose of the demonstration project
shall be to enable eligible entities to pursue the phased
development and demonstration of technologies and processes
required for active debris remediation.
(3) Procedures and criteria.--In establishing the
demonstration project, the Administrator shall--
(A) establish--
(i) eligibility criteria for participation; and
(ii) a process for soliciting proposals from eligible
entities;
(iii) criteria for the contents of such proposals;
(iv) project compliance and evaluation metrics; and
(v) project phases and milestones;
(B) identify government-furnished data or equipment;
(C) develop a plan for National Aeronautics and Space
Administration participation, as appropriate, in technology
development and intellectual property rights that--
(i) leverages National Aeronautics and Space Administration
Centers that have demonstrated expertise and historical
knowledge in measuring, modeling, characterizing, and
describing the current and future orbital debris environment;
and
(ii) develops the technical consensus for adopting
mitigation measures for such participation; and
(D)(i) assign a project manager to oversee the
demonstration project and carry out project activities under
this subsection; and
(ii) in assigning such project manager, leverage National
Aeronautics and Space Administration Centers and the
personnel of National Aeronautics and Space Administration
Centers, as practicable.
(4) Research and development phase.--With respect to
orbital debris identified under paragraph (1) of subsection
(a), the Administrator shall, to the extent practicable and
subject to the availability of appropriations, carry out the
additional research and development activities necessary to
mature technologies, in partnership with eligible entities,
with the intent to close commercial capability gaps and
enable potential future remediation missions for such orbital
debris, with a preference for technologies that are capable
of remediating orbital debris that have a broad range of
characteristics described in paragraph (2)(B)(i) of that
subsection.
(5) Demonstration mission phase.--
(A) In general.--The Administrator shall evaluate proposals
for a demonstration mission, and select and enter into a
partnership with an eligible entity, subject to the
availability of appropriations, with the intent to
demonstrate technologies determined by the Administrator to
meet a level of technology readiness sufficient to carry out
on-orbit remediation of select orbital debris.
(B) Evaluation.--In evaluating proposals for the
demonstration project, the Administrator shall--
(i) consider the safety, feasibility, cost, benefit, and
maturity of the proposed technology;
(ii) consider the potential for the proposed demonstration
to successfully remediate orbital debris and to advance the
commercial state of the art with respect to active debris
remediation;
(iii) carry out a risk analysis of the proposed technology
that takes into consideration the potential casualty risk to
humans in space or on the Earth's surface;
(iv) in an appropriate setting, conduct thorough testing
and evaluation of the proposed technology and each component
of such technology or system of technologies; and
(v) consider the technical and financial feasibility of
using the proposed technology to conduct multiple remediation
missions.
(C) Consultation.--The Administrator shall consult with the
head of each relevant Federal department or agency before
carrying out any demonstration mission under this paragraph.
(D) Active debris remediation demonstration mission.--It is
the sense of Congress that the Administrator should consider
[[Page S4680]]
maximizing competition for, and use best practices to engage
commercial entities in, an active debris remediation
demonstration mission.
(6) Briefing and reports.--
(A) Initial briefing.--Not later than 30 days after the
establishment of the demonstration project under paragraph
(1), the Administrator shall provide to the appropriate
committees of Congress a briefing on the details of the
demonstration project.
(B) Annual report.--Not later than 1 year after the initial
briefing under subparagraph (A), and annually thereafter
until the conclusion of the 1 or more demonstration missions,
the Administrator shall submit to the appropriate committees
of Congress a status report on--
(i) the technology developed under the demonstration
project;
(ii) progress toward the accomplishment of the 1 or more
demonstration missions; and
(iii) any duplicative efforts carried out or supported by
the National Aeronautics and Space Administration or the
Department of Defense.
(C) Recommendations.--Not later than 1 year after the date
on which the first demonstration mission is carried out under
this subsection, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
submit to Congress a report that provides legislative,
regulatory, and policy recommendations to improve active
debris remediation missions, as applicable.
(D) Technical analysis.--
(i) In general.--To inform decisions regarding the
acquisition of active debris remediation services by the
Federal Government, not later than 1 year after the date on
which an award is made under paragraph (1), the Administrator
shall submit to Congress a report that--
(I) summarizes the cost-effectiveness, and provides a
technical analysis of, technologies developed under the
demonstration project;
(II) identifies any technology gaps addressed by the
demonstration project and any remaining technology gaps; and
(III) provides, as applicable, any further legislative,
regulatory, and policy recommendations to enable active
debris remediation missions.
(ii) Availability.--The Administration shall make the
report submitted under clause (i) available to the Secretary,
the Secretary of Defense, and other relevant Federal
departments and agencies, as determined by the Administrator.
(7) Sense of congress on international cooperation.--It is
the sense of Congress that, in carrying out the demonstration
project, it is critical that the Administrator, in
coordination with the Secretary of State and in consultation
with the National Space Council, cooperate with one or more
partner countries to enable the remediation of orbital debris
that is under their respective jurisdictions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $150,000,000 for the period of fiscal years 2025
through 2029.
(d) Rescission of Unobligated Funds.--Unobligated balances
of amounts appropriated or otherwise made available by
subsection (c) as of September 30, 2029, shall be rescinded
not later than December 31, 2029.
(e) Rule of Construction.--Nothing in this section may be
construed to grant the Administrator the authority to issue
any regulation relating to activities under subsection (b) or
related space activities under title 51, United States Code.
SEC. 1555. ACTIVE DEBRIS REMEDIATION SERVICES.
(a) In General.--To foster the competitive development,
operation, improvement, and commercial availability of active
debris remediation services, and in consideration of the
economic analysis required by subsection (b) and the briefing
and reports under section 1554(b)(6), the Administrator and
the head of each relevant Federal department or agency may
acquire services for the remediation of orbital debris,
whenever practicable, through fair and open competition for
contracts that are well-defined, milestone-based, and in
accordance with the Federal Acquisition Regulation.
(b) Economic Analysis.--Based on the results of the
demonstration project, the Secretary, acting through the
Office of Space Commerce, shall publish an assessment of the
estimated Federal Government and private sector demand for
orbital debris remediation services for the 10-year period
beginning in 2026.
SEC. 1556. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR
UNITED STATES SPACE ACTIVITIES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the National Space Council, in
coordination with the Secretary, the Administrator of the
Federal Aviation Administration, the Secretary of Defense,
the Secretary of State, the Federal Communications
Commission, and the Administrator, shall initiate an update
to the Orbital Debris Mitigation Standard Practices that--
(1) considers planned space systems, including satellite
constellations; and
(2) addresses--
(A) collision risk;
(B) explosion risk;
(C) casualty probability;
(D) post-mission disposal of space systems;
(E) time to disposal or de-orbit;
(F) spacecraft collision avoidance and automated
identification capability; and
(G) the ability to track orbital debris of decreasing size.
(b) Consultation.--In developing the update under
subsection (a), the National Space Council, or a designee of
the National Space Council, shall seek advice and input on
commercial standards and best practices from representatives
of the commercial space industry, academia, and nonprofit
organizations, including through workshops and, as
appropriate, advance public notice and comment processes
under chapter 5 of title 5, United States Code.
(c) Publication.--Not later than 1 year after the date of
the enactment of this Act, such update shall be published in
the Federal Register and posted to the relevant Federal
Government internet websites.
(d) Regulations.--To promote uniformity and avoid
duplication in the regulation of space activity, including
licensing by the Federal Aviation Administration, the
National Oceanic and Atmospheric Administration, and the
Federal Communications Commission, such update, after
publication, shall be used to inform the further development
and promulgation of Federal regulations relating to orbital
debris.
(e) International Promotion.--To encourage effective and
nondiscriminatory standards, best practices, rules, and
regulations implemented by other countries, such update shall
inform bilateral and multilateral discussions focused on the
authorization and continuing supervision of nongovernmental
space activities.
(f) Periodic Review.--Not less frequently than every 5
years, the Orbital Debris Mitigation Standard Practices
referred to in subsection (a) shall be assessed and, if
necessary, updated, used, and promulgated in a manner
consistent with this section.
SEC. 1557. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.
(a) In General.--The Secretary, in coordination with the
Secretary of Defense and members of the National Space
Council and the Federal Communications Commission, shall
facilitate the development of standard practices for on-orbit
space traffic coordination based on existing guidelines and
best practices used by Government and commercial space
industry operators.
(b) Consultation.--In facilitating the development of
standard practices under subsection (a), the Secretary,
through the Office of Space Commerce, in consultation with
the National Institute of Standards and Technology, shall
engage in frequent and routine consultation with
representatives of the commercial space industry, academia,
and nonprofit organizations.
(c) Promotion of Standard Practices.--On completion of such
standard practices, the Secretary, the Secretary of State,
the Secretary of Transportation, the Administrator, and the
Secretary of Defense shall promote the adoption and use of
the standard practices for domestic and international space
missions.
______
SA 2352. Mr. TESTER (for himself and Mr. Daines) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT
OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Fort Belknap Indian
Community Water Rights Settlement Act of 2024''.
SEC. 5002. PURPOSES.
The purposes of this division are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana for--
(A) the Fort Belknap Indian Community of the Fort Belknap
Reservation of Montana; and
(B) the United States, acting as trustee for the Fort
Belknap Indian Community and allottees;
(2) to authorize, ratify, and confirm the water rights
compact entered into by the Fort Belknap Indian Community and
the State, to the extent that the Compact is consistent with
this division;
(3) to authorize and direct the Secretary--
(A) to execute the Compact; and
(B) to take any other actions necessary to carry out the
Compact in accordance with this division;
(4) to authorize funds necessary for the implementation of
the Compact and this division; and
(5) to authorize the exchange and transfer of certain
Federal and State land.
SEC. 5003. DEFINITIONS.
In this division:
(1) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means
the Blackfeet Tribe of the Blackfeet Indian Reservation of
Montana.
[[Page S4681]]
(3) Cercla.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(5) Compact.--The term ``Compact'' means--
(A) the Fort Belknap-Montana water rights compact dated
April 16, 2001, as contained in section 85-20-1001 of the
Montana Code Annotated (2021); and
(B) any appendix (including appendix amendments), part, or
amendment to the Compact that is executed to make the Compact
consistent with this division.
(6) Enforceability date.--The term ``enforceability date''
means the date described in section 5011(f).
(7) Fort belknap indian community.--The term ``Fort Belknap
Indian Community'' means the Gros Ventre and Assiniboine
Tribes of the Fort Belknap Reservation of Montana, a
federally recognized Indian Tribal entity included on the
list published by the Secretary pursuant to section 104(a) of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131(a)).
(8) Fort belknap indian community council.--The term ``Fort
Belknap Indian Community Council'' means the governing body
of the Fort Belknap Indian Community.
(9) Fort belknap indian irrigation project.--
(A) In general.--The term ``Fort Belknap Indian Irrigation
Project'' means the Federal Indian irrigation project
constructed and operated by the Bureau of Indian Affairs,
consisting of the Milk River unit, including--
(i) the Three Mile unit; and
(ii) the White Bear unit.
(B) Inclusions.--The term ``Fort Belknap Indian Irrigation
Project'' includes any addition to the Fort Belknap Indian
Irrigation Project constructed pursuant to this division,
including expansion of the Fort Belknap Indian Irrigation
Project, the Pumping Plant, delivery Pipe and Canal, the Fort
Belknap Reservoir and Dam, and the Peoples Creek Flood
Protection Project.
(10) Implementation fund.--The term ``Implementation Fund''
means the Fort Belknap Indian Community Water Settlement
Implementation Fund established by section 5013(a).
(11) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(12) Lake elwell.--The term ``Lake Elwell'' means the water
impounded on the Marias River in the State by Tiber Dam, a
feature of the Lower Marias Unit of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 891, chapter 665).
(13) Malta irrigation district.--The term ``Malta
Irrigation District'' means the public corporation--
(A) created on December 28, 1923, pursuant to the laws of
the State relating to irrigation districts; and
(B) headquartered in Malta, Montana.
(14) Milk river.--The term ``Milk River'' means the
mainstem of the Milk River and each tributary of the Milk
River between the headwaters of the Milk River and the
confluence of the Milk River with the Missouri River,
consisting of--
(A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J,
40K, 40L, 40M, 40N, and 40O; and
(B) the portion of the Milk River and each tributary of the
Milk River that flows through the Canadian Provinces of
Alberta and Saskatchewan.
(15) Milk river project.--
(A) In general.--The term ``Milk River Project'' means the
Bureau of Reclamation project conditionally approved by the
Secretary on March 14, 1903, pursuant to the Act of June 17,
1902 (32 Stat. 388, chapter 1093), commencing at Lake
Sherburne Reservoir and providing water to a point
approximately 6 miles east of Nashua, Montana.
(B) Inclusions.--The term ``Milk River Project'' includes--
(i) the St. Mary Unit;
(ii) the Fresno Dam and Reservoir; and
(iii) the Dodson pumping unit.
(16) Missouri river basin.--The term ``Missouri River
Basin'' means the hydrologic basin of the Missouri River,
including tributaries.
(17) Operations and maintenance.--The term ``operations and
maintenance'' means the Bureau of Indian Affairs operations
and maintenance activities related to costs described in
section 171.500 of title 25, Code of Federal Regulations (or
a successor regulation).
(18) Operations, maintenance, and replacement.--The term
``operations, maintenance, and replacement'' means--
(A) any recurring or ongoing activity associated with the
day-to-day operation of a project;
(B) any activity relating to scheduled or unscheduled
maintenance of a project; and
(C) any activity relating to repairing, replacing, or
rehabilitating a feature of a project.
(19) Pick-sloan missouri river basin program.--The term
``Pick-Sloan Missouri River Basin Program'' means the Pick-
Sloan Missouri River Basin Program (authorized by section 9
of the Act of December 22, 1944 (commonly known as the
``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)).
(20) PMM.--The term ``PMM'' means the Principal Meridian,
Montana.
(21) Reservation.--
(A) In general.--The term ``Reservation'' means the area of
the Fort Belknap Reservation in the State, as modified by
this division.
(B) Inclusions.--The term ``Reservation'' includes--
(i) all land and interests in land established by--
(I) the Agreement with the Gros Ventre and Assiniboine
Tribes of the Fort Belknap Reservation, ratified by the Act
of May 1, 1888 (25 Stat. 113, chapter 212), as modified by
the Agreement with the Indians of the Fort Belknap
Reservation of October 9, 1895 (ratified by the Act of June
10, 1896) (29 Stat. 350, chapter 398);
(II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135);
and
(III) Public Law 94-114 (25 U.S.C. 5501 et seq.);
(ii) the land known as the ``Hancock lands'' purchased by
the Fort Belknap Indian Community pursuant to the Fort
Belknap Indian Community Council Resolution No. 234-89
(October 2, 1989); and
(iii) all land transferred to the United States to be held
in trust for the benefit of the Fort Belknap Indian Community
under section 5006.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) St. mary unit.--
(A) In general.--The term ``St. Mary Unit'' means the St.
Mary Storage Unit of the Milk River Project authorized by
Congress on March 25, 1905.
(B) Inclusions.--The term ``St. Mary Unit'' includes--
(i) Sherburne Dam and Reservoir;
(ii) Swift Current Creek Dike;
(iii) Lower St. Mary Lake;
(iv) St. Mary Canal Diversion Dam; and
(v) St. Mary Canal and appurtenances.
(24) State.--The term ``State'' means the State of Montana.
(25) Tribal water code.--The term ``Tribal water code''
means the Tribal water code enacted by the Fort Belknap
Indian Community pursuant to section 5005(g).
(26) Tribal water rights.--The term ``Tribal water rights''
means the water rights of the Fort Belknap Indian Community,
as described in Article III of the Compact and this division,
including the allocation of water to the Fort Belknap Indian
Community from Lake Elwell under section 5007.
(27) Trust fund.--The term ``Trust Fund'' means the Aaniiih
Nakoda Settlement Trust Fund established for the Fort Belknap
Indian Community under section 5012(a).
SEC. 5004. RATIFICATION OF COMPACT.
(a) Ratification of Compact.--
(1) In general.--As modified by this division, the Compact
is authorized, ratified, and confirmed.
(2) Amendments.--Any amendment to the Compact is
authorized, ratified, and confirmed to the extent that the
amendment is executed to make the Compact consistent with
this division.
(b) Execution.--
(1) In general.--To the extent that the Compact does not
conflict with this division, the Secretary shall execute the
Compact, including all appendices to, or parts of, the
Compact requiring the signature of the Secretary.
(2) Modifications.--Nothing in this division precludes the
Secretary from approving any modification to an appendix to
the Compact that is consistent with this division, to the
extent that the modification does not otherwise require
congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Compact and this
division, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Compact and this
division, the Fort Belknap Indian Community shall prepare any
necessary environmental documents, except for any
environmental documents required under section 5008,
consistent with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation submitted
under subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the Compact by
the Secretary under this section shall not constitute a major
Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities described in paragraph (2) shall be
paid from
[[Page S4682]]
funds deposited in the Trust Fund, subject to the condition
that any costs associated with the performance of Federal
approval or other review of such compliance work or costs
associated with inherently Federal functions shall remain the
responsibility of the Secretary.
SEC. 5005. TRIBAL WATER RIGHTS.
(a) Confirmation of Tribal Water Rights.--
(1) In general.--The Tribal water rights are ratified,
confirmed, and declared to be valid.
(2) Use.--Any use of the Tribal water rights shall be
subject to the terms and conditions of the Compact and this
division.
(3) Conflict.--In the event of a conflict between the
Compact and this division, this division shall control.
(b) Intent of Congress.--It is the intent of Congress to
provide to each allottee benefits that are equivalent to, or
exceed, the benefits the allottees possess on the day before
the date of enactment of this Act, taking into
consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and
this division;
(2) the availability of funding under this division and
from other sources;
(3) the availability of water from the Tribal water rights;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this
division to protect the interests of allottees.
(c) Trust Status of Tribal Water Rights.--The Tribal water
rights--
(1) shall be held in trust by the United States for the use
and benefit of the Fort Belknap Indian Community and
allottees in accordance with this division; and
(2) shall not be subject to loss through non-use,
forfeiture, or abandonment.
(d) Allottees.--
(1) Applicability of the act of february 8, 1887.--The
provisions of section 7 of the Act of February 8, 1887 (24
Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use
of water for irrigation purposes, shall apply to the Tribal
water rights.
(2) Entitlement to water.--Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
water rights.
(3) Allocations.--An allottee shall be entitled to a just
and equitable allocation of water for irrigation purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any claim
against the United States under section 7 of the Act of
February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381),
or any other applicable law, an allottee shall exhaust
remedies available under the Tribal water code or other
applicable Tribal law.
(B) Action for relief.--After the exhaustion of all
remedies available under the Tribal water code or other
applicable Tribal law, an allottee may seek relief under
section 7 of the Act of February 8, 1887 (24 Stat. 390,
chapter 119; 25 U.S.C. 381), or other applicable law.
(5) Authority of the secretary.--The Secretary shall have
the authority to protect the rights of allottees in
accordance with this section.
(e) Authority of the Fort Belknap Indian Community.--
(1) In general.--The Fort Belknap Indian Community shall
have the authority to allocate, distribute, and lease the
Tribal water rights for use on the Reservation in accordance
with the Compact, this division, and applicable Federal law.
(2) Off-reservation use.--The Fort Belknap Indian Community
may allocate, distribute, and lease the Tribal water rights
for off-Reservation use in accordance with the Compact, this
division, and applicable Federal law--
(A) subject to the approval of the Secretary; or
(B) pursuant to Tribal water leasing regulations consistent
with the requirements of subsection (f).
(3) Land leases by allottees.--Notwithstanding paragraph
(1), an allottee may lease any interest in land held by the
allottee, together with any water right determined to be
appurtenant to the interest in land, in accordance with the
Tribal water code.
(f) Tribal Water Leasing Regulations.--
(1) In general.--At the discretion of the Fort Belknap
Indian Community, any water lease of the Fort Belknap Indian
Community of the Tribal water rights for use on or off the
Reservation shall not require the approval of the Secretary
if the lease--
(A) is executed under tribal regulations, approved by the
Secretary under this subsection;
(B) is in accordance with the Compact; and
(C) does not exceed a term of 100 years, except that a
lease may include an option to renew for 1 additional term of
not to exceed 100 years.
(2) Authority of the secretary over tribal water leasing
regulations.--
(A) In general.--The Secretary shall have the authority to
approve or disapprove any Tribal water leasing regulations
issued in accordance with paragraph (1).
(B) Considerations for approval.--The Secretary shall
approve any Tribal water leasing regulations issued in
accordance with paragraph (1) if the Tribal water leasing
regulations--
(i) provide for an environmental review process that
includes--
(I) the identification and evaluation of any significant
effects of the proposed action on the environment; and
(II) a process for ensuring that--
(aa) the public is informed of, and has a reasonable
opportunity to comment on, any significant environmental
impacts of the proposed action identified by the Fort Belknap
Indian Community; and
(bb) the Fort Belknap Indian Community provides responses
to relevant and substantive public comments on those impacts
prior to its approval of a water lease; and
(ii) are consistent with this division and the Compact.
(3) Review process.--
(A) In general.--Not later than 120 days after the date on
which Tribal water leasing regulations under paragraph (1)
are submitted to the Secretary, the Secretary shall review
and approve or disapprove the regulations.
(B) Written documentation.--If the Secretary disapproves
the Tribal water leasing regulations described in
subparagraph (A), the Secretary shall include written
documentation with the disapproval notification that
describes the basis for this disapproval.
(C) Extension.--The deadline described in subparagraph (A)
may be extended by the Secretary, after consultation with the
Fort Belknap Indian Community.
(4) Federal environmental review.--Notwithstanding
paragraphs (2) and (3), if the Fort Belknap Indian Community
carries out a project or activity funded by a Federal agency,
the Fort Belknap Indian Community--
(A) shall have the authority to rely on the environmental
review process of the applicable Federal agency; and
(B) shall not be required to carry out a tribal
environmental review process under this subsection.
(5) Documentation.--If the Fort Belknap Indian Community
issues a lease pursuant to Tribal water leasing regulations
under paragraph (1), the Fort Belknap Indian Community shall
provide the Secretary and the State a copy of the lease,
including any amendments or renewals to the lease.
(6) Limitation of liability.--
(A) In general.--The United States shall not be liable in
any claim relating to the negotiation, execution, or approval
of any lease or exchange agreement or storage agreement,
including any claims relating to the terms included in such
an agreement, made pursuant to Tribal water leasing
regulations under paragraph (1).
(B) Obligations.--The United States shall have no trust
obligation or other obligation to monitor, administer, or
account for--
(i) any funds received by the Fort Belknap Indian Community
as consideration under any lease or exchange agreement or
storage agreement; or
(ii) the expenditure of those funds.
(g) Tribal Water Code.--
(1) In general.--Notwithstanding Article IV.A.2. of the
Compact, not later than 4 years after the date on which the
Fort Belknap Indian Community approves the Compact in
accordance with section 5011(f)(1), the Fort Belknap Indian
Community shall enact a Tribal water code that provides for--
(A) the administration, management, regulation, and
governance of all uses of the Tribal water rights in
accordance with the Compact and this division; and
(B) the establishment by the Fort Belknap Indian Community
of the conditions, permit requirements, and other
requirements for the allocation, distribution, or use of the
Tribal water rights in accordance with the Compact and this
division.
(2) Inclusions.--Subject to the approval of the Secretary,
the Tribal water code shall provide--
(A) that use of water by allottees shall be satisfied with
water from the Tribal water rights;
(B) a process by which an allottee may request that the
Fort Belknap Indian Community provide water for irrigation
use in accordance with this division, including the provision
of water under any allottee lease under section 4 of the Act
of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
(C) a due process system for the consideration and
determination by the Fort Belknap Indian Community of any
request of an allottee (or a successor in interest to an
allottee) for an allocation of water for irrigation purposes
on allotted land, including a process for--
(i) appeal and adjudication of any denied or disputed
distribution of water; and
(ii) resolution of any contested administrative decision;
(D) a requirement that any allottee asserting a claim
relating to the enforcement of rights of the allottee under
the Tribal water code, including to the quantity of water
allocated to land of the allottee, shall exhaust all remedies
available to the allottee under Tribal law before initiating
an action against the United States or petitioning the
Secretary pursuant to subsection (d)(4)(B);
(E) a process by which an owner of fee land within the
boundaries of the Reservation may apply for use of a portion
of the Tribal water rights; and
(F) a process for the establishment of a controlled
Groundwater area and for the management of that area in
cooperation with establishment of a contiguous controlled
Groundwater area off the Reservation established pursuant to
Section B.2. of Article IV of the Compact and State law.
(3) Action by secretary.--
[[Page S4683]]
(A) In general.--During the period beginning on the date of
enactment of this Act and ending on the date on which a
Tribal water code described in paragraphs (1) and (2) is
enacted, the Secretary shall administer, with respect to the
rights of allottees, the Tribal water rights in accordance
with the Compact and this division.
(B) Approval.--The Tribal water code described in
paragraphs (1) and (2) shall not be valid unless--
(i) the provisions of the Tribal water code required by
paragraph (2) are approved by the Secretary; and
(ii) each amendment to the Tribal water code that affects a
right of an allottee is approved by the Secretary.
(C) Approval period.--
(i) In general.--The Secretary shall approve or disapprove
the Tribal water code or an amendment to the Tribal water
code by not later than 180 days after the date on which the
Tribal water code or amendment to the Tribal water code is
submitted to the Secretary.
(ii) Extensions.--The deadline described in clause (i) may
be extended by the Secretary, after consultation with the
Fort Belknap Indian Community.
(h) Administration.--
(1) No alienation.--The Fort Belknap Indian Community shall
not permanently alienate any portion of the Tribal water
rights.
(2) Purchases or grants of land from indians.--An
authorization provided by this division for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this division shall be considered to satisfy any
requirement for authorization of the action required by
Federal law.
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal water rights by any water user shall
not result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Tribal water rights.
(i) Effect.--Except as otherwise expressly provided in this
section, nothing in this division--
(1) authorizes any action by an allottee against any
individual or entity, or against the Fort Belknap Indian
Community, under Federal, State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
(j) Pick-Sloan Missouri River Basin Program Power Rates.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary, in cooperation with the Secretary of
Energy, shall make available the Pick-Sloan Missouri River
Basin Program irrigation project pumping power rates to the
Fort Belknap Indian Community, the Fort Belknap Indian
Irrigation Project, and any projects funded under this
division.
(2) Authorized purposes.--The power rates made available
under paragraph (1) shall be authorized for the purposes of
wheeling, administration, and payment of irrigation project
pumping power rates, including project use power for gravity
power.
SEC. 5006. EXCHANGE AND TRANSFER OF LAND.
(a) Exchange of Eligible Land and State Land.--
(1) Definitions.--In this subsection:
(A) Eligible land.--The term ``eligible land'' means--
(i) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that
are administered by the Secretary, acting through the
Director of the Bureau of Land Management; and
(ii) land in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Resources Planning
Act of 1974 (16 U.S.C. 1609(a)) that is administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service.
(B) Secretary concerned.--The term ``Secretary concerned''
means, as applicable--
(i) the Secretary, with respect to the eligible land
administered by the Bureau of Land Management; and
(ii) the Secretary of Agriculture, with respect to eligible
land managed by the Forest Service.
(2) Negotiations authorized.--
(A) In general.--The Secretary concerned shall offer to
enter into negotiations with the State for the purpose of
exchanging eligible land described in paragraph (4) for the
State land described in paragraph (3).
(B) Requirements.--Any exchange of land made pursuant to
this subsection shall be subject to the terms and conditions
of this subsection.
(C) Priority.--
(i) In general.--In carrying out this paragraph, the
Secretary and the Secretary of Agriculture shall, during the
5-year period beginning on the date of enactment of this Act,
give priority to an exchange of eligible land located within
the State for State land.
(ii) Secretary of agriculture.--The responsibility of the
Secretary of Agriculture under clause (i), during the 5-year
period described in that clause, shall be limited to
negotiating with the State an acceptable package of land in
the National Forest System (as defined in section 11(a) of
the Forest and Rangeland Resources Planning Act of 1974 (16
U.S.C. 1609(a))).
(3) State land.--The Secretary is authorized to accept the
following parcels of State land located on and off the
Reservation:
(A) 717.56 acres in T. 26 N., R. 22 E., sec. 16.
(B) 707.04 acres in T. 27 N., R. 22 E., sec. 16.
(C) 640 acres in T. 27 N., R. 21 E., sec. 36.
(D) 640 acres in T. 26 N., R. 23 E., sec. 16.
(E) 640 acres in T. 26 N., R. 23 E., sec. 36.
(F) 640 acres in T. 26 N., R. 26 E., sec. 16.
(G) 640 acres in T. 26 N., R. 22 E., sec. 36.
(H) 640 acres in T. 27 N., R. 23 E., sec. 16.
(I) 640 acres in T. 27 N., R. 25 E., sec. 36.
(J) 640 acres in T. 28 N., R. 22 E., sec. 36.
(K) 640 acres in T. 28 N., R. 23 E., sec. 16.
(L) 640 acres in T. 28 N., R. 24 E., sec. 36.
(M) 640 acres in T. 28 N., R. 25 E., sec. 16.
(N) 640 acres in T. 28 N., R. 25 E., sec. 36.
(O) 640 acres in T. 28 N., R. 26 E., sec. 16.
(P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease
by the Fort Belknap Indian Community Council on the date of
enactment of this Act, comprised of--
(i) 30.68 acres in lot 5;
(ii) 26.06 acres in lot 6;
(iii) 21.42 acres in lot 7; and
(iv) 16.8 acres in lot 8.
(Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding
the 73.36 acres under lease by individuals who are not
members of the Fort Belknap Indian Community, on the date of
enactment of this Act.
(R) 640 acres in T. 29 N., R. 22 E., sec. 36.
(S) 640 acres in T. 29 N., R. 23 E., sec. 16.
(T) 640 acres in T. 29 N., R. 24 E., sec. 16.
(U) 640 acres in T. 29 N., R. 24 E., sec. 36.
(V) 640 acres in T. 29 N., R. 25 E., sec. 16.
(W) 640 acres in T. 29 N., R. 25 E., sec. 36.
(X) 640 acres in T. 29 N., R. 26 E., sec. 16.
(Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding
the 58.72 acres under lease by individuals who are not
members of the Fort Belknap Indian Community on the date of
enactment of this Act.
(Z) 640 acres in T. 30 N., R. 22 E., sec. 36.
(AA) 640 acres in T. 30 N., R. 23 E., sec. 16.
(BB) 640 acres in T. 30 N., R. 23 E., sec. 36.
(CC) 640 acres in T. 30 N., R. 24 E., sec. 16.
(DD) 640 acres in T. 30 N., R. 24 E., sec. 36.
(EE) 640 acres in T. 30 N., R. 25 E., sec. 16.
(FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under
lease by the Fort Belknap Indian Community Council on the
date of enactment of this Act.
(GG) 640 acres in T. 31 N., R. 22 E., sec. 36.
(HH) 640 acres in T. 31 N., R. 23 E., sec. 16.
(II) 640 acres in T. 31 N., R. 23 E., sec. 36.
(JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.
(KK) 640 acres in T. 25 N., R. 22 E., sec. 16.
(4) Eligible land.--
(A) In general.--Subject to valid existing rights, the
reservation of easements or rights-of-way deemed necessary to
be retained by the Secretary concerned, and the requirements
of this subsection, the Secretary is authorized and directed
to convey to the State any eligible land within the State
identified in the negotiations authorized by paragraph (2)
and agreed to by the Secretary concerned.
(B) Exceptions.--The Secretary concerned shall exclude from
any conveyance any parcel of eligible land that is--
(i) included within the National Landscape Conservation
System established by section 2002(a) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7202(a)), without
regard to whether that land has been identified as available
for disposal in a land use plan;
(ii) designated as wilderness by Congress;
(iii) within a component of the National Wild and Scenic
Rivers System; or
(iv) designated in the Forest Land and Resource Management
Plan as a Research Natural Area.
(C) Administrative responsibility.--The Secretary shall be
responsible for meeting all substantive and any procedural
requirements necessary to complete the exchange and the
conveyance of the eligible land.
(5) Land into trust.--On completion of the land exchange
authorized by this subsection, the Secretary shall, as soon
as practicable after the enforceability date, take the land
received by the United States pursuant to this subsection
into trust for the benefit of the Fort Belknap Indian
Community.
(6) Terms and conditions.--
(A) Equal value.--The values of the eligible land and State
land exchanged under this subsection shall be equal, except
that the Secretary concerned may--
(i) exchange land that is of approximately equal value if
such an exchange complies with the requirements of section
206(h) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(h)) (and any regulations implementing that
section) without regard to the monetary limitation described
in paragraph (1)(A) of that section; and
(ii) make or accept an equalization payment, or waive an
equalization payment, if such a payment or waiver of a
payment complies with the requirements of section 206(b) of
that Act (43 U.S.C. 1716(b)) (and any regulations
implementing that section).
(B) Impacts on local governments.--In identifying eligible
land to be exchanged with the State, the Secretary concerned
and the State may--
(i) consider the financial impacts of exchanging specific
eligible land on local governments; and
(ii) attempt to minimize the financial impact of the
exchange on local governments.
(C) Existing authorizations.--
(i) Eligible land conveyed to the state.--
(I) In general.--Any eligible land conveyed to the State
under this subsection shall be subject to any valid existing
rights, contracts, leases, permits, and rights-of-way, unless
the holder of the right, contract, lease, permit, or right-
of-way requests an earlier termination in accordance with
existing law.
[[Page S4684]]
(II) Assumption by state.--The State shall assume all
benefits and obligations of the Forest Service or the Bureau
of Land Management, as applicable, under the existing rights,
contracts, leases, permits, and rights-of-way described in
subclause (I).
(ii) State land conveyed to the united states.--
(I) In general.--Any State land conveyed to the United
States under this subsection and taken into trust for the
benefit of the Fort Belknap Indian Community subject shall be
to any valid existing rights, contracts, leases, permits, and
rights-of-way, unless the holder of the right, contract,
lease, permit, or right-of-way requests an earlier
termination in accordance with existing law.
(II) Assumption by bureau of indian affairs.--The Bureau of
Indian Affairs shall--
(aa) assume all benefits and obligations of the State under
the existing rights, contracts, leases, permits, and rights-
of-way described in subclause (I); and
(bb) disburse to the Fort Belknap Indian Community any
amounts that accrue to the United States from those rights,
contracts, leases, permits, and rights-of-way, after the date
of transfer from any sale, bonus, royalty, or rental relating
to that land in the same manner as amounts received from
other land held by the Secretary in trust for the benefit of
the Fort Belknap Indian Community.
(D) Personal property.--
(i) In general.--Any improvements constituting personal
property, as defined by State law, belonging to the holder of
a right, contract, lease, permit, or right-of-way on land
transferred to the United States under this subsection
shall--
(I) remain the property of the holder; and
(II) be removed not later than 90 days after the date on
which the right, contract, lease, permit, or right-of-way
expires, unless the Fort Belknap Indian Community and the
holder agree otherwise.
(ii) Remaining property.--Any personal property described
in clause (i) remaining with the holder described in that
clause beyond the 90-day period described in subclause (II)
of that clause shall--
(I) become the property of the Fort Belknap Indian
Community; and
(II) be subject to removal and disposition at the
discretion of the Fort Belknap Indian Community.
(iii) Liability of previous holder.--The holder of personal
property described in clause (i) shall be liable for costs
incurred by the Fort Belknap Indian Community in removing and
disposing of the personal property under clause (ii)(II).
(7) Technical corrections.--Notwithstanding the
descriptions of the parcels of land owned by the State under
paragraph (3), the State may, with the consent of the Fort
Belknap Indian Community, make technical corrections to the
legal land descriptions to more specifically identify the
State parcels to be exchanged.
(8) Assistance.--The Secretary shall provide $10,000,000 of
financial or other assistance to the State and the Fort
Belknap Indian Community as may be necessary to obtain the
appraisals, and to satisfy administrative requirements,
necessary to accomplish the exchanges under paragraph (2).
(b) Federal Land Transfers.--
(1) In general.--Subject to valid existing rights and the
requirements of this subsection, all right, title, and
interest of the United States in and to the land described in
paragraph (2) shall be held by the United States in trust for
the benefit of the Fort Belknap Indian Community as part of
the Reservation on the enforceability date.
(2) Federal land.--
(A) Bureau of land management parcels.--
(i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised
of--
(I) 19.55 acres in lot 10;
(II) 19.82 acres in lot 11; and
(III) 20.09 acres in lot 16.
(ii) 324.24 acres in the N\1/2\ of T. 25 N., R. 22 E., sec.
5.
(iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised
of--
(I) 20.39 acres in lot 2;
(II) 20.72 acres in lot 7;
(III) 21.06 acres in lot 8;
(IV) 40.00 acres in lot 9;
(V) 40.00 acres in lot 10;
(VI) 40.00 acres in lot 11;
(VII) 40.00 acres in lot 12;
(VIII) 21.39 acres in lot 13; and
(IX) 160 acres in SW\1/4\.
(iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised
of--
(I) 18.06 acres in lot 5;
(II) 18.25 acres in lot 6;
(III) 18.44 acres in lot 7; and
(IV) 15.88 acres in lot 8.
(v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised
of--
(I) 17.65 acres in lot 5;
(II) 17.73 acres in lot 6;
(III) 17.83 acres in lot 7; and
(IV) 17.91 acres in lot 8.
(vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised
of--
(I) 21.56 acres in lot 6;
(II) 29.50 acres in lot 7;
(III) 17.28 acres in lot 8;
(IV) 17.41 acres in lot 9; and
(V) 17.54 acres in lot 10.
(vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised
of--
(I) 80 acres in the S\1/2\ of the NW\1/4\ ; and
(II) 80 acres in the W\1/2\ of the SW\1/4\.
(viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2,
comprised of--
(I) 82.54 acres in the E\1/2\ of the NW\1/4\;
(II) 164.96 acres in the NE\1/4\; and
(III) 320 acres in the S\1/2\.
(ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised
of--
(I) 40 acres in the SE\1/4\ of the NW\1/4\;
(II) 160 acres in the SW\1/4\; and
(III) 40 acres in the SW\1/4\ of the SE\1/4\.
(x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of--
(I) 80 acres in the E\1/2\ of the SE\1/4\; and
(II) 40 acres in the NW\1/4\ of the SE\1/4\.
(xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised
of--
(I) 160 acres in the SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the NW\1/4\.
(xii) 40 acres in the SE\1/4\ of the SE\1/4\ of T. 26 N.,
R. 21 E., sec. 6.
(xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised
of--
(I) 40 acres in the NE\1/4\ of the SW\1/4\;
(II) 160 acres in the NW\1/4\; and
(III) 40 acres in the NW\1/4\ of the SE\1/4\.
(xiv) 320 acres in the E\1/2\ of T. 26 N., R. 21 E., sec.
9.
(xv) 640 acres in T. 26 N., R. 21 E., sec. 10.
(xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised
of--
(I) 320 acres in the N\1/2\;
(II) 80 acres in the N\1/2\ of the SE\1/4\;
(III) 160 acres in the SW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the SE\1/4\.
(xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21,
comprised of--
(I) 6.62 acres in lot 1;
(II) 5.70 acres in lot 2;
(III) 56.61 acres in lot 5;
(IV) 56.88 acres in lot 6;
(V) 320 acres in the W\1/2\; and
(VI) 80 acres in the W\1/2\ of the SE\1/4\.
(xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28.
(xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised
of--
(I) 320 acres in the N\1/2\;
(II) 160 acres in the N\1/2\ of the S\1/2\; and
(III) 80 acres in the S\1/2\ of the SE\1/4\.
(xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised
of--
(I) 320 acres in the S\1/2\; and
(II) 80 acres in the S\1/2\ of the NW\1/4\.
(xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33,
comprised of--
(I) 58.25 acres in lot 3;
(II) 58.5 acres in lot 4;
(III) 58.76 acres in lot 5;
(IV) 40 acres in the NW\1/4\ of the NE\1/4\;
(V) 160 acres in the SW\1/4\; and
(VI) 80 acres in the W\1/2\ of the SE\1/4\.
(xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised
of--
(I) 24.36 acres in lot 1;
(II) 24.35 acres in lot 2; and
(III) 40 acres in the SW\1/4\ of the SW\1/4\.
(xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised
of--
(I) 40 acres in lot 11; and
(II) 40 acres in lot 12.
(xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised
of--
(I) 40 acres in the NW\1/4\ of the SW\1/4\; and
(II) 40 acres in the SW\1/4\ of the NW\1/4\.
(xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised
of--
(I) 80 acres in the E\1/2\ of the SW\1/4\;
(II) 40 acres in the NW\1/4\ of the NW\1/4\; and
(III) 80 acres in the S\1/2\ of the NW\1/4\.
(xxvi) 40 acres in the SE\1/4\ of the NE\1/4\ of T. 27 N.,
R. 21 E., sec. 23.
(xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised
of--
(I) 80 acres in the E\1/2\ of the NW\1/4\;
(II) 160 acres in the NE\1/4\;
(III) 40 acres in the NE\1/4\ of the SE\1/4\; and
(IV) 40 acres in the SW\1/4\ of the SW\1/4\.
(xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25,
comprised of--
(I) 80 acres in the S\1/2\ of the NE\1/4\; and
(II) 40 acres in the SE\1/4\ of the NW\1/4\.
(xxix) 40 acres in the NE\1/4\ of the SE\1/4\ of T. 27 N.,
R. 21 E., sec. 26.
(xxx) 160 acres in the NW\1/4\ of T. 27 N., R. 21 E., sec.
27.
(xxxi) 40 acres in the SW\1/4\ of the SW\1/4\ of T. 27 N.,
R. 21 E., sec. 29.
(xxxii) 40 acres in the SW\1/4\ of the NE\1/4\ of T. 27 N.,
R. 21 E., sec 30.
(xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33,
comprised of--
(I) 40 acres in the SE\1/4\ of the NE\1/4\; and
(II) 80 acres in the N\1/2\ of the SE\1/4\.
(xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised
of--
(I) 160 acres in the N\1/2\ of the S\1/2\;
(II) 160 acres in the NE\1/4\;
(III) 80 acres in the S\1/2\ of the NW\1/4\; and
(IV) 40 acres in the SE\1/4\ of the SE\1/4\.
(xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4,
comprised of--
(I) 28.09 acres in lot 5;
(II) 25.35 acres in lot 6;
(III) 40 acres in lot 10; and
(IV) 40 acres in lot 15.
(xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised
of--
(I) 40 acres in the NE\1/4\ of the NE\1/4\;
(II) 40 acres in the NW\1/4\ of the SW\1/4\; and
(III) 80 acres in the W\1/2\ of the NW\1/4\.
(xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised
of--
(I) 80 acres in the E\1/2\ of the NW\1/4\; and
(II) 40 acres in the NE\1/4\ of the SW\1/4\.
(xxxviii) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 27
N., R. 22 E., sec. 9.
(xxxix) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 27 N.,
R. 22 E., sec. 17.
(xl) 40 acres in the NW\1/4\ of the NW\1/4\ of T. 27 N., R.
22 E., sec. 19.
(xli) 40 acres in the SE\1/4\ of the NW\1/4\ of T. 27 N.,
R22 E., sec. 20.
[[Page S4685]]
(xlii) 80 acres in the W\1/2\ of the SE\1/4\ of T. 27 N.,
R. 22 E., sec. 31.
(xliii) 52.36 acres in the SE\1/4\ of the SE\1/4\ of T. 27
N., R. 22 E., sec. 33.
(xliv) 40 acres in the NE\1/4\ of the SW\1/4\ of T. 28 N.,
R. 22 E., sec. 29.
(xlv) 40 acres in the NE\1/4\ of the NE\1/4\ of T. 26 N.,
R. 21 E., sec. 7.
(xlvi) 40 acres in the SW\1/4\ of the NW\1/4\ of T. 26 N.,
R. 21 E., sec. 12.
(xlvii) 42.38 acres in the NW\1/4\ of the NE\1/4\ of T. 26
N., R. 22 E., sec. 6.
(xlviii) 320 acres in the E\1/2\ of T. 26 N., R. 22 E.,
sec. 17.
(xlix) 80 acres in the E\1/2\ of the NE\1/4\ of T. 26 N.,
R. 22 E., sec. 20.
(l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised
of--
(I) 80 acres in the E\1/2\ of the NE\1/4\;
(II) 80 acres in the N\1/2\ of the SE\1/4\;
(III) 40 acres in the SE\1/4\ of the NW\1/4\; and
(IV) 40 acres in the SW\1/4\ of the NE\1/4\.
(B) Bureau of indian affairs.--The parcels of approximately
3,519.3 acres of trust land that have been converted to fee
land, judicially foreclosed on, acquired by the Department of
Agriculture, and transferred to the Bureau of Indian Affairs,
described in clauses (i) through (iii).
(i) Parcel 1.--The land described in this clause is 640
acres in T. 29 N., R. 26 E., comprised of--
(I) 160 acres in the SW\1/4\ of sec. 27;
(II) 160 acres in the NE\1/4\ of sec. 33; and
(III) 320 acres in the W\1/2\ of sec. 34.
(ii) Parcel 2.--The land described in this clause is 320
acres in the N\1/2\ of T. 30 N., R. 23 E., sec. 28.
(iii) Parcel 3.--The land described in this clause is
2,559.3 acres, comprised of--
(I) T. 28 N., R. 24 E., including--
(aa) of sec. 16--
(AA) 5 acres in the E\1/2\, W\1/2\, E\1/2\, W\1/2\, W\1/2\,
NE\1/4\;
(BB) 10 acres in the E\1/2\ , E\1/2\, W\1/2\, W\1/2\, NE\1/
4\;
(CC) 40 acres in the E\1/2\, W\1/2\, NE\1/4\;
(DD) 40 acres in the W\1/2\, E\1/2\, NE\1/4\;
(EE) 20 acres in the W\1/2\, E\1/2\, E\1/2\, NE\1/4\;
(FF) 5 acres in the W\1/2\, W\1/2\, E\1/2\, E\1/2\, E\1/2\,
NE\1/4\; and
(GG) 160 acres in the SE\1/4\;
(bb) 640 acres in sec. 21;
(cc) 320 acres in the S\1/2\ of sec. 22; and
(dd) 320 acres in the W\1/2\ of sec. 27;
(II) T. 29 N., R. 25 E., PMM, including--
(aa) 320 acres in the S\1/2\ of sec. 1; and
(bb) 320 acres in the N\1/2\ of sec. 12;
(III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;
(IV) T. 30 N., R. 26 E., PMM, including--
(aa) 39.4 acres in sec. 3, lot 2;
(bb) 40 acres in the SW\1/4\ of the SW\1/4\ of sec. 4;
(cc) 80 acres in the E\1/2\ of the SE\1/4\ of sec. 5;
(dd) 80 acres in the S\1/2\ of the SE\1/4\ of sec. 7; and
(ee) 40 acres in the N\1/2\, N\1/2\, NE\1/4\ of sec. 18;
and
(V) 40 acres in T. 31 N., R. 26 E., PMM, the NW\1/4\ of the
SE\1/4\ of sec. 31.
(3) Terms and conditions.--
(A) Existing authorizations.--
(i) In general.--Federal land transferred under this
subsection shall be conveyed and taken into trust subject to
valid existing rights, contracts, leases, permits, and
rights-of-way, unless the holder of the right, contract,
lease, permit, and rights-of-way requests an earlier
termination in accordance with existing law.
(ii) Assumption by bureau of indian affairs.--The Bureau of
Indian Affairs shall--
(I) assume all benefits and obligations of the previous
land management agency under the existing rights, contracts,
leases, permits, and rights-of-way described in clause (i);
and
(II) disburse to the Fort Belknap Indian Community any
amounts that accrue to the United States from those rights,
contracts, leases, permits, and rights-of-ways after the date
of transfer from any sale, bonus, royalty, or rental relating
to that land in the same manner as amounts received from
other land held by the Secretary in trust for the Fort
Belknap Indian Community.
(B) Personal property.--
(i) In general.--Any improvements constituting personal
property, as defined by State law, belonging to the holder of
a right, contract, lease, permit, or right-of-way on land
transferred under this subsection shall--
(I) remain the property of the holder; and
(II) be removed from the land not later than 90 days after
the date on which the right, contract, lease, permit, or
right-of-way expires, unless the Fort Belknap Indian
Community and the holder agree otherwise.
(ii) Remaining property.--Any personal property described
in clause (i) remaining with the holder described in that
clause beyond the 90-day period described in subclause (II)
of that clause shall--
(I) become the property of the Fort Belknap Indian
Community; and
(II) be subject to removal and disposition at the
discretion of the Fort Belknap Indian Community.
(iii) Liability of previous holder.--The holder of personal
property described in clause (i) shall be liable to the Fort
Belknap Indian Community for costs incurred by the Fort
Belknap Indian Community in removing and disposing of the
property under clause (ii)(II).
(C) Existing roads.--If any road within the Federal land
transferred under this subsection is necessary for customary
access to private land, the Bureau of Indian Affairs shall
offer the owner of the private land to apply for a right-of-
way along the existing road, at the expense of the landowner.
(D) Limitation on the transfer of water rights.--Water
rights that transfer with the land described in paragraph (2)
shall not become part of the Tribal water rights, unless
those rights are recognized and ratified in the Compact.
(4) Withdrawal of federal land.--
(A) In general.--Subject to valid existing rights,
effective on the date of enactment of this Act, all Federal
land within the parcels described in paragraph (2) is
withdrawn from all forms of--
(i) entry, appropriation, or disposal under the public land
laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(B) Expiration.--The withdrawals pursuant to subparagraph
(A) shall terminate on the date that the Secretary takes the
land into trust for the benefit of the Fort Belknap Indian
Community pursuant to paragraph (1).
(C) No new reservation of federal water rights.--Nothing in
this paragraph establishes a new reservation in favor of the
United States or the Fort Belknap Indian Community with
respect to any water or water right on the land withdrawn by
this paragraph.
(5) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in paragraph (2),
the United States may, with the consent of the Fort Belknap
Indian Community, make technical corrections to the legal
land descriptions to more specifically identify the parcels.
(6) Survey.--
(A) In general.--Unless the United States or the Fort
Belknap Indian Community request an additional survey for the
transferred land or a technical correction is made under
paragraph (5), the description of land under this subsection
shall be controlling.
(B) Additional survey.--If the United States or the Fort
Belknap Indian Community requests an additional survey, that
survey shall control the total acreage to be transferred into
trust under this subsection.
(C) Assistance.--The Secretary shall provide such financial
or other assistance as may be necessary--
(i) to conduct additional surveys under this subsection;
and
(ii) to satisfy administrative requirements necessary to
accomplish the land transfers under this subsection.
(7) Date of transfer.--The Secretary shall complete all
land transfers under this subsection and shall take the land
into trust for the benefit of the Fort Belknap Indian
Community as expeditiously as practicable after the
enforceability date, but not later than 10 years after the
enforceability date.
(c) Tribally Owned Fee Land.--Not later than 10 years after
the enforceability date, the Secretary shall take into trust
for the benefit of the Fort Belknap Indian Community all fee
land owned by the Fort Belknap Indian Community on or
adjacent to the Reservation to become part of the
Reservation, provided that--
(1) the land is free from any liens, encumbrances, or other
infirmities; and
(2) no evidence exists of any hazardous substances on, or
other environmental liability with respect to, the land.
(d) Dodson Land.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after the enforceability date, but not later than
10 years after the enforceability date, the Dodson Land
described in paragraph (3) shall be taken into trust by the
United States for the benefit of the Fort Belknap Indian
Community as part of the Reservation.
(2) Restrictions.--The land taken into trust under
paragraph (1) shall be subject to a perpetual easement,
reserved by the United States for use by the Bureau of
Reclamation, its contractors, and its assigns for--
(A) the right of ingress and egress for Milk River Project
purposes; and
(B) the right to--
(i) seep, flood, and overflow the transferred land for Milk
River Project purposes;
(ii) conduct routine and non-routine operation,
maintenance, and replacement activities on the Milk River
Project facilities, including modification to the headworks
at the upstream end of the Dodson South Canal in support of
Dodson South Canal enlargement, to include all associated
access, construction, and material storage necessary to
complete those activities; and
(iii) prohibit the construction of permanent structures on
the transferred land, except--
(I) as provided in the cooperative agreement under
paragraph (4); and
(II) to meet the requirements of the Milk River Project.
(3) Description of dodson land.--
(A) In general.--The Dodson Land referred to in paragraphs
(1) and (2) is the approximately 2,500 acres of land owned by
the United States that is, as of the date of enactment of
this Act, under the jurisdiction of the Bureau of Reclamation
and located at the northeastern corner of the Reservation
(which extends to the point in the middle of the main channel
of the Milk River), where the Milk River Project facilities,
including the Dodson Diversion Dam, headworks to the Dodson
South Canal, and Dodson South
[[Page S4686]]
Canal, are located, and more particularly described as
follows:
(i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1
and 2.
(ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.
(iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs.
18, 19, 20, and 29.
(iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs.
26, 27, 35, and 36.
(B) Clarification.--The supplemental plats described in
clauses (i) through (iv) of subparagraph (A) are official
plats, as documented by retracement boundary surveys of the
General Land Office, approved on March 11, 1938, and on
record at the Bureau of Land Management.
(C) Technical corrections.--Notwithstanding the
descriptions of the parcels of Federal land in subparagraph
(A), the United States may, with the consent of the Fort
Belknap Indian Community, make technical corrections to the
legal land descriptions to more specifically identify the
parcels to be transferred.
(4) Cooperative agreement.--Not later than 3 years after
the enforceability date, the Bureau of Reclamation, the Malta
Irrigation District, the Bureau of Indian Affairs, and the
Fort Belknap Indian Community shall negotiate and enter into
a cooperative agreement that identifies the uses to which the
Fort Belknap Indian Community may put the land described in
paragraph (3), provided that the cooperative agreement may be
amended by mutual agreement of the Fort Belknap Indian
Community, Bureau of Reclamation, the Malta Irrigation
District, and the Bureau of Indian Affairs, including to
modify the perpetual easement to narrow the boundaries of the
easement or to terminate the perpetual easement and
cooperative agreement.
(e) Land Status.--All land held in trust by the United
States for the benefit of the Fort Belknap Indian Community
under this section shall be--
(1) beneficially owned by the Fort Belknap Indian
Community; and
(2) part of the Reservation and administered in accordance
with the laws and regulations generally applicable to land
held in trust by the United States for the benefit of an
Indian Tribe.
SEC. 5007. STORAGE ALLOCATION FROM LAKE ELWELL.
(a) Storage Allocation of Water to Fort Belknap Indian
Community.--The Secretary shall allocate to the Fort Belknap
Indian Community 20,000 acre-feet per year of water stored in
Lake Elwell for use by the Fort Belknap Indian Community for
any beneficial purpose on or off the Reservation, under a
water right held by the United States and managed by the
Bureau of Reclamation for the benefit of the Fort Belknap
Indian Community, as measured and diverted at the outlet
works of the Tiber Dam or through direct pumping from Lake
Elwell.
(b) Treatment.--
(1) In general.--The allocation to the Fort Belknap Indian
Community under subsection (a) shall be considered to be part
of the Tribal water rights.
(2) Priority date.--The priority date of the allocation to
the Fort Belknap Indian Community under subsection (a) shall
be the priority date of the Lake Elwell water right held by
the Bureau of Reclamation.
(3) Administration.--The Fort Belknap Indian Community
shall administer the water allocated under subsection (a) in
accordance with the Compact and this division.
(c) Allocation Agreement.--
(1) In general.--As a condition of receiving the allocation
under this section, the Fort Belknap Indian Community shall
enter into an agreement with the Secretary to establish the
terms and conditions of the allocation, in accordance with
the Compact and this division.
(2) Inclusions.--The agreement under paragraph (1) shall
include provisions establishing that--
(A) the agreement shall be without limit as to term;
(B) the Fort Belknap Indian Community, and not the United
States, shall be entitled to all consideration due to the
Fort Belknap Indian Community under any lease, contract,
exchange, or agreement entered into by the Fort Belknap
Indian Community pursuant to subsection (d);
(C) the United States shall have no obligation to monitor,
administer, or account for--
(i) any funds received by the Fort Belknap Indian Community
as consideration under any lease, contract, exchange, or
agreement entered into by the Fort Belknap Indian Community
pursuant to subsection (d); or
(ii) the expenditure of those funds;
(D) if the capacity or function of Lake Elwell facilities
are significantly reduced, or are anticipated to be
significantly reduced, for an extended period of time, the
Fort Belknap Indian Community shall have the same storage
rights as other storage contractors with respect to the
allocation under this section;
(E) the costs associated with the construction of the
storage facilities at Tiber Dam allocable to the Fort Belknap
Indian Community shall be nonreimbursable;
(F) no water service capital charge shall be due or payable
for any water allocated to the Fort Belknap Indian Community
under this section or the allocation agreement, regardless of
whether that water is delivered for use by the Fort Belknap
Indian Community or under a lease, contract, exchange, or by
agreement entered into by the Fort Belknap Indian Community
pursuant to subsection (d);
(G) the Fort Belknap Indian Community shall not be required
to make payments to the United States for any water allocated
to the Fort Belknap Indian Community under this section or
the allocation agreement, except for each acre-foot of stored
water leased or transferred for industrial purposes as
described in subparagraph (H); and
(H) for each acre-foot of stored water leased or
transferred by the Fort Belknap Indian Community for
industrial purposes--
(i) the Fort Belknap Indian Community shall pay annually to
the United States an amount necessary to cover the
proportional share of the annual operations, maintenance, and
replacement costs allocable to the quantity of water leased
or transferred by the Fort Belknap Indian Community for
industrial purposes; and
(ii) the annual payments of the Fort Belknap Indian
Community shall be reviewed and adjusted, as appropriate, to
reflect the actual operations, maintenance, and replacement
costs for Tiber Dam.
(d) Agreement by Fort Belknap Indian Community.--The Fort
Belknap Indian Community may use, lease, contract, exchange,
or enter into other agreements for the use of the water
allocated to the Fort Belknap Indian Community under
subsection (a) if--
(1) the use of water that is the subject of such an
agreement occurs within the Missouri River Basin; and
(2) the agreement does not permanently alienate any water
allocated to the Fort Belknap Indian Community under that
subsection.
(e) Effective Date.--The allocation under subsection (a)
takes effect on the enforceability date.
(f) No Carryover Storage.--The allocation under subsection
(a) shall not be increased by any year-to-year carryover
storage.
(g) Development and Delivery Costs.--The United States
shall not be required to pay the cost of developing or
delivering any water allocated under this section.
SEC. 5008. MILK RIVER PROJECT MITIGATION.
(a) In General.--In complete satisfaction of the Milk River
Project mitigation requirements provided for in Article VI.B.
of the Compact, the Secretary, acting through the
Commissioner--
(1) in cooperation with the State and the Blackfeet Tribe,
shall carry out appropriate activities concerning the
restoration of the St. Mary Canal and associated facilities,
including activities relating to the--
(A) planning and design to restore the St. Mary Canal and
appurtenances to convey 850 cubic-feet per second; and
(B) rehabilitating, constructing, and repairing of the St.
Mary Canal and appurtenances; and
(2) in cooperation with the State and the Fort Belknap
Indian Community, shall carry out appropriate activities
concerning the enlargement of Dodson South Canal and
associated facilities, including activities relating to the--
(A) planning and design to enlarge Dodson South Canal and
headworks at the upstream end of Dodson South Canal to divert
and convey 700 cubic-feet per second; and
(B) rehabilitating, constructing, and enlarging the Dodson
South Canal and headworks at the upstream end of Dodson South
Canal to divert and convey 700 cubic-feet per second.
(b) Funding.--The total amount of obligations incurred by
the Secretary, prior to any adjustments provided for in
section 5014(b), shall not exceed $300,000,000 to carry out
activities described in subsection (c)(1).
(c) Satisfaction of Mitigation Requirement.--
Notwithstanding any provision of the Compact, the mitigation
required by Article VI.B. of the Compact shall be deemed
satisfied if--
(1) the Secretary has--
(A) restored the St. Mary Canal and associated facilities
to convey 850 cubic-feet per second; and
(B) enlarged the Dodson South Canal and headworks at the
upstream end of Dodson South Canal to divert and convey 700
cubic-feet per second; or
(2) the Secretary--
(A) has expended all of the available funding provided
pursuant to section 5014(a)(1)(D) to rehabilitate the St.
Mary Canal and enlarge the Dodson South Canal; and
(B) despite diligent efforts, could not complete the
activities described in subsection (a).
(d) Nonreimbursability of Costs.--The costs to the
Secretary of carrying out this section shall be
nonreimbursable.
SEC. 5009. FORT BELKNAP INDIAN IRRIGATION PROJECT SYSTEM.
(a) In General.--Subject to the availability of
appropriations, the Secretary shall rehabilitate, modernize,
and expand the Fort Belknap Indian Irrigation Project, as
generally described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap Indian
Community Comprehensive Water Development Plan'' and dated
February 2019, which shall include--
(1) planning, studies, and designing of the existing and
expanded Milk River unit, including the irrigation system,
Pumping Plant, delivery pipe and canal, Fort Belknap Dam and
Reservoir, and Peoples Creek Flood Protection Project;
(2) the rehabilitation, modernization, and construction of
the existing Milk River unit; and
[[Page S4687]]
(3) construction of the expanded Milk River unit, including
the irrigation system, Pumping Plant, delivery pipe and
canal, Fort Belknap Dam and Reservoir, and Peoples Creek
Flood Protection Project.
(b) Lead Agency.--The Bureau of Indian Affairs, in
coordination with the Bureau of Reclamation, shall serve as
the lead agency with respect to any activities carried out
under this section.
(c) Consultation With the Fort Belknap Indian Community.--
The Secretary shall consult with the Fort Belknap Indian
Community on appropriate changes to the final design and
costs of any activity under this section.
(d) Funding.--The total amount of obligations incurred by
the Secretary in carrying out this section, prior to any
adjustment provided for in section 5014(b), shall not exceed
$415,832,153.
(e) Nonreimbursability of Costs.--All costs incurred by the
Secretary in carrying out this section shall be
nonreimbursable.
(f) Administration.--The Secretary and the Fort Belknap
Indian Community shall negotiate the cost of any oversight
activity carried out by the Bureau of Indian Affairs or the
Bureau of Reclamation under any agreement entered into under
subsection (j), subject to the condition that the total cost
for the oversight shall not exceed 3 percent of the total
project costs for each project.
(g) Project Management Committee.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
facilitate the formation of a project management committee
composed of representatives of the Bureau of Indian Affairs,
the Bureau of Reclamation, and the Fort Belknap Indian
Community--
(1) to review and make recommendations relating to cost
factors, budgets, and implementing the activities for
rehabilitating, modernizing, and expanding the Fort Belknap
Indian Irrigation Project; and
(2) to improve management of inherently governmental
activities through enhanced communication.
(h) Project Efficiencies.--If the total cost of planning,
studies, design, rehabilitation, modernization, and
construction activities relating to the projects described in
subsection (a) results in cost savings and is less than the
amounts authorized to be obligated, the Secretary, at the
request of the Fort Belknap Indian Community, shall deposit
those savings in the Fort Belknap Indian Community Water
Resources and Water Rights Administration, Operation, and
Maintenance Account established under section 5012(b)(2).
(i) Treatment.--Any activities carried out pursuant to this
section that result in improvements, additions, or
modifications to the Fort Belknap Indian Irrigation Project
shall--
(1) become a part of the Fort Belknap Indian Irrigation
Project; and
(2) be recorded in the inventory of the Secretary relating
to the Fort Belknap Indian Irrigation Project.
(j) Applicability of ISDEAA.--At the request of the Fort
Belknap Indian Community, and in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5301 et seq.), the Secretary shall enter into agreements with
the Fort Belknap Indian Community to carry out all or a
portion of this section.
(k) Effect.--Nothing in this section--
(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the
operations and maintenance of the Fort Belknap Indian
Irrigation Project; or
(2) impacts the availability of amounts under section 5014.
(l) Satisfaction of Fort Belknap Indian Irrigation Project
System Requirement.--The obligations of the Secretary under
subsection (a) shall be deemed satisfied if the Secretary--
(1) has rehabilitated, modernized, and expanded the Fort
Belknap Indian Irrigation Project in accordance with
subsection (a); or
(2)(A) has expended all of the available funding provided
pursuant to paragraphs (1)(C) and (2)(A)(iv) of section
5014(a); and
(B) despite diligent efforts, could not complete the
activities described in subsection (a).
SEC. 5010. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided under this division
shall be in complete replacement of, complete substitution
for, and full satisfaction of any claim of the Fort Belknap
Indian Community against the United States that is waived and
released by the Fort Belknap Indian Community under section
5011(a).
(b) Allottees.--The benefits realized by the allottees
under this division shall be in complete replacement of,
complete substitution for, and full satisfaction of--
(1) all claims waived and released by the United States
(acting as trustee for the allottees) under section
5011(a)(2); and
(2) any claims of the allottees against the United States
similar to the claims described in section 5011(a)(2) that
the allottee asserted or could have asserted.
SEC. 5011. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waiver and release of claims by the fort belknap indian
community and united states as trustee for the fort belknap
indian community.--Subject to the reservation of rights and
retention of claims under subsection (d), as consideration
for recognition of the Tribal water rights and other benefits
described in the Compact and this division, the Fort Belknap
Indian Community, acting on behalf of the Fort Belknap Indian
Community and members of the Fort Belknap Indian Community
(but not any member of the Fort Belknap Indian Community as
an allottee), and the United States, acting as trustee for
the Fort Belknap Indian Community and the members of the Fort
Belknap Indian Community (but not any member of the Fort
Belknap Indian Community as an allottee), shall execute a
waiver and release of all claims for water rights within the
State that the Fort Belknap Indian Community, or the United
States acting as trustee for the Fort Belknap Indian
Community, asserted or could have asserted in any proceeding,
including a State stream adjudication, on or before the
enforceability date, except to the extent that such rights
are recognized in the Compact and this division.
(2) Waiver and release of claims by the united states as
trustee for allottees.--Subject to the reservation of rights
and the retention of claims under subsection (d), as
consideration for recognition of the Tribal water rights and
other benefits described in the Compact and this division,
the United States, acting as trustee for the allottees, shall
execute a waiver and release of all claims for water rights
within the Reservation that the United States, acting as
trustee for the allottees, asserted or could have asserted in
any proceeding, including a State stream adjudication, on or
before the enforceability date, except to the extent that
such rights are recognized in the Compact and this division.
(3) Waiver and release of claims by the fort belknap indian
community against the united states.--Subject to the
reservation of rights and retention of claims under
subsection (d), the Fort Belknap Indian Community, acting on
behalf of the Fort Belknap Indian Community and members of
the Fort Belknap Indian Community (but not any member of the
Fort Belknap Indian Community as an allottee), shall execute
a waiver and release of all claims against the United States
(including any agency or employee of the United States)--
(A) first arising before the enforceability date relating
to--
(i) water rights within the State that the United States,
acting as trustee for the Fort Belknap Indian Community,
asserted or could have asserted in any proceeding, including
a general stream adjudication in the State, except to the
extent that such rights are recognized as Tribal water rights
under this division;
(ii) foregone benefits from nontribal use of water, on and
off the Reservation (including water from all sources and for
all uses);
(iii) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights,
including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion of,
or taking of water, or claims relating to a failure to
protect, acquire, replace, or develop water, water rights, or
water infrastructure) within the State;
(iv) a failure to establish or provide a municipal rural or
industrial water delivery system on the Reservation;
(v) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of the Fort Belknap Indian Irrigation Project and
other Federal land and facilities (including damages, losses,
or injuries to Tribal fisheries, fish habitat, wildlife, and
wildlife habitat);
(vi) a failure to provide for operation and maintenance, or
deferred maintenance, for the Fort Belknap Indian Irrigation
Project or any other irrigation system or irrigation project;
(vii) the litigation of claims relating to any water rights
of the Fort Belknap Indian Community in the State;
(viii) the negotiation, execution, or adoption of the
Compact (including appendices) and this division;
(ix) the taking or acquisition of land or resources of the
Fort Belknap Indian Community for the construction or
operation of the Fort Belknap Indian Irrigation Project or
the Milk River Project; and
(x) the allocation of water of the Milk River and the St.
Mary River (including tributaries) between the United States
and Canada pursuant to the International Boundary Waters
Treaty of 1909 (36 Stat. 2448); and
(B) relating to damage, loss, or injury to water, water
rights, land, or natural resources due to mining activities
in the Little Rockies Mountains prior to the date of trust
acquisition, including damages, losses, or injuries to
hunting, fishing, gathering, or cultural rights.
(b) Effectiveness.--The waivers and releases under
subsection (a) shall take effect on the enforceability date.
(c) Objections in Montana Water Court.--Nothing in this
division or the Compact prohibits the Fort Belknap Indian
Community, a member of the Fort Belknap Indian Community, an
allottee, or the United States in any capacity from objecting
to any claim to a water right filed in any general stream
adjudication in the Montana Water Court.
(d) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsection
(a), the Fort Belknap Indian Community, acting on behalf of
the Fort Belknap Indian Community and
[[Page S4688]]
members of the Fort Belknap Indian Community, and the United
States, acting as trustee for the Fort Belknap Indian
Community and the allottees shall retain--
(1) all claims relating to--
(A) the enforcement of water rights recognized under the
Compact, any final court decree relating to those water
rights, or this division or to water rights accruing on or
after the enforceability date;
(B) the quality of water under--
(i) CERCLA, including damages to natural resources;
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(iv) any regulations implementing the Acts described in
clauses (i) through (iii);
(C) damage, loss, or injury to land or natural resources
that are--
(i) not due to loss of water or water rights (including
hunting, fishing, gathering, or cultural rights); and
(ii) not described in subsection (a)(3); and
(D) an action to prevent any person or party (as defined in
sections 29 and 30 of Article II of the Compact) from
interfering with the enjoyment of the Tribal water rights;
(2) all claims relating to off-Reservation hunting rights,
fishing rights, gathering rights, or other rights;
(3) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this
Act;
(4) all claims relating to the allocation of waters of the
Milk River and the Milk River Project between the Fort
Belknap Indian Community and the Blackfeet Tribe, pursuant to
section 3705(e)(3) of the Blackfeet Water Rights Settlement
Act (Public Law 114-322; 130 Stat. 1818);
(5) all claims relating to the enforcement of this
division, including the required transfer of land under
section 5006; and
(6) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
division or the Compact.
(e) Effect of Compact and Act.--Nothing in the Compact or
this division--
(1) affects the authority of the Fort Belknap Indian
Community to enforce the laws of the Fort Belknap Indian
Community, including with respect to environmental
protections;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
including--
(A) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) CERCLA; and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(3) affects the ability of the United States to act as
trustee for any other Indian Tribe or an allottee of any
other Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law relating to health, safety, or
the environment; or
(C) to conduct judicial review of any Federal agency
action;
(5) waives any claim of a member of the Fort Belknap Indian
Community in an individual capacity that does not derive from
a right of the Fort Belknap Indian Community;
(6) revives any claim adjudicated in the decision in Gros
Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006);
or
(7) revives any claim released by an allottee or member of
the Fort Belknap Indian Community in the settlement in Cobell
v. Salazar, No. 1:96CV01285-JR (D.D.C. 2012).
(f) Enforceability Date.--The enforceability date shall be
the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1) the eligible members of the Fort Belknap Indian
Community have voted to approve this division and the Compact
by a majority of votes cast on the day of the vote;
(2)(A) the Montana Water Court has approved the Compact in
a manner from which no further appeal may be taken; or
(B) if the Montana Water Court is found to lack
jurisdiction, the appropriate district court of the United
States has approved the Compact as a consent decree from
which no further appeal may be taken;
(3) all of the amounts authorized to be appropriated under
section 5014 have been appropriated and deposited in the
designated accounts;
(4) the Secretary and the Fort Belknap Indian Community
have executed the allocation agreement described in section
5007(c)(1);
(5) the State has provided the required funding into the
Fort Belknap Indian Community Tribal Irrigation and Other
Water Resources Development Account of the Trust Fund
pursuant to section 5014(a)(3); and
(6) the waivers and releases under subsection (a) have been
executed by the Fort Belknap Indian Community and the
Secretary.
(g) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
enforceability date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitations or time-
based equitable defense that expired before the date of
enactment of this Act.
(h) Expiration.--
(1) In general.--This division shall expire in any case in
which--
(A) the amounts authorized to be appropriated by this
division have not been made available to the Secretary by not
later than--
(i) January 21, 2034; and
(ii) such alternative later date as is agreed to by the
Fort Belknap Indian Community and the Secretary; or
(B) the Secretary fails to publish a statement of findings
under subsection (f) by not later than--
(i) January 21, 2035; and
(ii) such alternative later date as is agreed to by the
Fort Belknap Indian Community and the Secretary, after
providing reasonable notice to the State.
(2) Consequences.--If this division expires under paragraph
(1)--
(A) the waivers and releases under subsection (a) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Compact under section 5004 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this division
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
division, together with any interest earned on those funds,
and any water rights or contracts to use water and title to
other property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this division shall be returned to the Federal
Government, unless otherwise agreed to by the Fort Belknap
Indian Community and the United States and approved by
Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
division that were expended or withdrawn, or any funds made
available to carry out this division from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State asserted by--
(aa) the Fort Belknap Indian Community; or
(bb) any user of the Tribal water rights; or
(II) any other matter described in subsection (a)(3); or
(ii) in any future settlement of water rights of the Fort
Belknap Indian Community or an allottee.
SEC. 5012. AANIIIH NAKODA SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust
fund for the Fort Belknap Indian Community, to be known as
the ``Aaniiih Nakoda Settlement Trust Fund'', to be managed,
invested, and distributed by the Secretary and to remain
available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts
deposited in the Trust Fund under subsection (c), together
with any investment earnings, including interest, earned on
those amounts, for the purpose of carrying out this division.
(b) Accounts.--The Secretary shall establish in the Trust
Fund the following accounts:
(1) The Fort Belknap Indian Community Tribal Irrigation and
Other Water Resources Development Account.
(2) The Fort Belknap Indian Community Water Resources and
Water Rights Administration, Operation, and Maintenance
Account.
(3) The Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Community Tribal Irrigation
and Other Water Resources Development Account established
under subsection (b)(1), the amounts made available pursuant
to paragraphs (1)(A) and (2)(A)(i) of section 5014(a);
(2) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the amounts made
available pursuant to section 5014(a)(2)(A)(ii); and
(3) in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the amounts made
available pursuant to paragraphs (1)(B) and (2)(A)(iii) of
section 5014(a).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the Trust Fund pursuant to subsection (c),
the Secretary shall manage, invest, and distribute all
amounts in the Trust Fund in accordance with the investment
authority of the Secretary under--
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
[[Page S4689]]
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the amounts
deposited under subsection (c), any investment earnings,
including interest, credited to amounts held in the Trust
Fund shall be available for use in accordance with
subsections (e) and (g).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, earned on those amounts shall be made available--
(A) to the Fort Belknap Indian Community by the Secretary
beginning on the enforceability date; and
(B) subject to the uses and restrictions in this section.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) amounts deposited in the Fort Belknap Indian Community
Tribal Irrigation and Other Water Resources Development
Account established under subsection (b)(1) shall be
available to the Fort Belknap Indian Community on the date on
which the amounts are deposited for uses described in
subparagraphs (A) and (B) of subsection (g)(1);
(B) amounts deposited in the Fort Belknap Indian Community
Water Resources and Water Rights Administration, Operation,
and Maintenance Account established under subsection (b)(2)
shall be made available to the Fort Belknap Indian Community
on the date on which the amounts are deposited and the Fort
Belknap Indian Community has satisfied the requirements of
section 5011(f)(1), for the uses described in subsection
(g)(2)(A); and
(C) amounts deposited in the Fort Belknap Indian Community
Clean and Safe Domestic Water and Sewer Systems, and Lake
Elwell Project Account established under subsection (b)(3)
shall be available to the Fort Belknap Indian Community on
the date on which the amounts are deposited for the uses
described in subsection (g)(3)(A).
(f) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The Fort Belknap Indian Community may
withdraw any portion of the funds in the Trust Fund on
approval by the Secretary of a Tribal management plan
submitted by the Fort Belknap Indian Community in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the Fort Belknap Indian
Community spend all amounts withdrawn from the Trust Fund,
and any investment earnings accrued through the investments
under the Tribal management plan, in accordance with this
division.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary--
(i) to enforce the Tribal management plan; and
(ii) to ensure that amounts withdrawn from the Trust Fund
by the Fort Belknap Indian Community under this paragraph are
used in accordance with this division.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Fort Belknap Indian Community may
submit to the Secretary a request to withdraw funds from the
Trust Fund pursuant to an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw funds under
an expenditure plan under this paragraph, the Fort Belknap
Indian Community shall submit to the Secretary for approval
an expenditure plan for any portion of the Trust Fund that
the Fort Belknap Indian Community elects to withdraw pursuant
to this paragraph, subject to the condition that the funds
shall be used for the purposes described in this division.
(C) Inclusions.--An expenditure plan under this paragraph
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Trust
Fund will be used by the Fort Belknap Indian Community in
accordance with subsections (e) and (g).
(D) Approval.--On receipt of an expenditure plan under this
paragraph, the Secretary shall approve the expenditure plan
if the Secretary determines that the expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this division.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan under this paragraph
to ensure that amounts disbursed under this paragraph are
used in accordance with this division.
(g) Uses.--Amounts from the Trust Fund shall be used by the
Fort Belknap Indian Community for the following purposes:
(1) Fort belknap indian community tribal irrigation and
other water resources development account.--Amounts in the
Fort Belknap Indian Community Tribal Irrigation and Other
Water Resources Development Account established under
subsection (b)(1) shall be used to pay the cost of activities
relating to--
(A) planning, studies, and design of the Southern Tributary
Irrigation Project and the Peoples Creek Irrigation Project,
including the Upper Peoples Creek Dam and Reservoir, as
generally described in the document of Natural Resources
Consulting Engineers, Inc., entitled ``Fort Belknap Indian
Community Comprehensive Water Development Plan'' and dated
February 2019;
(B) environmental compliance;
(C) construction of the Southern Tributary Irrigation
Project and the Peoples Creek Irrigation Project, including
the Upper Peoples Creek Dam and Reservoir;
(D) wetlands restoration and development;
(E) stock watering infrastructure; and
(F) on farm development support and reacquisition of fee
lands within the Fort Belknap Indian Irrigation Project and
Fort Belknap Indian Community irrigation projects within the
Reservation.
(2) Fort belknap indian community water resources and water
rights administration, operation, and maintenance account.--
Amounts in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account established under subsection (b)(2), the principal
and investment earnings, including interest, may only be used
by the Fort Belknap Indian Community to pay the costs of
activities described in subparagraphs (A) through (C) as
follows:
(A) $9,000,000 shall be used for the establishment,
operation, and capital expenditures in connection with the
administration of the Tribal water resources and water rights
development, including the development or enactment of a
Tribal water code.
(B) Only investment earnings, including interest, on
$29,299,059 shall be used and be available to pay the costs
of activities for administration, operations, and regulation
of the Tribal water resources and water rights department, in
accordance with the Compact and this division.
(C) Only investment earnings, including interest, on
$28,331,693 shall be used and be available to pay the costs
of activities relating to a portion of the annual assessment
costs for the Fort Belknap Indian Community and Tribal
members, including allottees, under the Fort Belknap Indian
Irrigation Project and Fort Belknap Indian Community
irrigation projects within the Reservation.
(3) Fort belknap indian community clean and safe domestic
water and sewer systems, and lake elwell project account.--
Amounts in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account established under subsection (b)(3), the principal
and investment earnings, including interest, may only be used
by the Fort Belknap Indian Community to pay the costs of
activities relating to--
(A) planning, studies, design, and environmental compliance
of domestic water supply, and sewer collection and treatment
systems, as generally described in the document of Natural
Resources Consulting Engineers, Inc., entitled ``Fort Belknap
Indian Community Comprehensive Water Development Plan'' and
dated February 2019, including the Lake Elwell Project water
delivery to the southern part of the Reservation;
(B) construction of domestic water supply, sewer
collection, and treatment systems;
(C) construction, in accordance with applicable law, of
infrastructure for delivery of Lake Elwell water diverted
from the Missouri River to the southern part of the
Reservation; and
(D) planning, studies, design, environmental compliance,
and construction of a Tribal wellness center for a work force
health and wellbeing project.
(h) Liability.--The Secretary shall not be liable for any
expenditure or investment of amounts withdrawn from the Trust
Fund by the Fort Belknap Indian Community pursuant to
subsection (f).
(i) Project Efficiencies.--If the total cost of the
activities described in subsection (g) results in cost
savings and is less than the amounts authorized to be
obligated under any of paragraphs (1) through (3) of that
subsection required to carry out those activities, the
Secretary, at the request of the Fort Belknap Indian
Community, shall deposit those savings in the Trust Fund to
be used in accordance with that subsection.
(j) Annual Report.--The Fort Belknap Indian Community shall
submit to the Secretary an annual expenditure report
describing accomplishments and amounts spent from use of
withdrawals under a Tribal management plan or an expenditure
plan described in this section.
(k) No Per Capita Payments.--No principal or interest
amount in any account established by this section shall be
distributed to any member of the Fort Belknap Indian
Community on a per capita basis.
(l) Effect.--Nothing in this division entitles the Fort
Belknap Indian Community to judicial review of a
determination of the Secretary regarding whether to approve a
Tribal management plan under subsection (f)(1) or an
expenditure plan under subsection (f)(2), except as provided
under subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'').
SEC. 5013. FORT BELKNAP INDIAN COMMUNITY WATER SETTLEMENT
IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of
the United States a non-trust, interest-bearing account to be
known
[[Page S4690]]
as the ``Fort Belknap Indian Community Water Settlement
Implementation Fund'', to be managed and distributed by the
Secretary, for use by the Secretary for carrying out this
division.
(b) Accounts.--The Secretary shall establish in the
Implementation Fund the following accounts:
(1) The Fort Belknap Indian Irrigation Project System
Account.
(2) The Milk River Project Mitigation Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Fort Belknap Indian Irrigation Project System
Account established under subsection (b)(1), the amount made
available pursuant to paragraphs (1)(C) and (2)(A)(iv) of
section 5014(a); and
(2) in the Milk River Project Mitigation Account
established under subsection (b)(2), the amount made
available pursuant to section 5014(a)(1)(D).
(d) Uses.--
(1) Fort belknap indian irrigation project system
account.--The Fort Belknap Indian Irrigation Project
Rehabilitation Account established under subsection (b)(1)
shall be used to carry out section 5009, except as provided
in subsection (h) of that section.
(2) Milk river project mitigation account.--The Milk River
Project Mitigation Account established under subsection
(b)(2) may only be used to carry out section 5008.
(e) Management.--
(1) In general.--Amounts in the Implementation Fund shall
not be available to the Secretary for expenditure until the
enforceability date.
(2) Exception.--Notwithstanding paragraph (1), amounts
deposited in the Fort Belknap Indian Irrigation Project
System Account established under subsection (b)(1) shall be
available to the Secretary on the date on which the amounts
are deposited for uses described in paragraphs (1) and (2) of
section 5009(a).
(f) Interest.--In addition to the deposits under subsection
(c), any interest credited to amounts unexpended in the
Implementation Fund are authorized to be appropriated to be
used in accordance with the uses described in subsection (d).
SEC. 5014. FUNDING.
(a) Funding.--
(1) Authorization of appropriations.--Subject to subsection
(b), there are authorized to be appropriated to the
Secretary--
(A) for deposit in the Fort Belknap Indian Community Tribal
Irrigation and Other Water Resources Development Account of
the Trust Fund established under section 5012(b)(1),
$89,643,100, to be retained until expended, withdrawn, or
reverted to the general fund of the Treasury;
(B) for deposit in the Fort Belknap Indian Community Clean
and Safe Domestic Water and Sewer Systems, and Lake Elwell
Project Account of the Trust Fund established under section
5012(b)(3), $331,885,220, to be retained until expended,
withdrawn, or reverted to the general fund of the Treasury;
(C) for deposit in the Fort Belknap Indian Irrigation
Project System Account of the Implementation Fund established
under section 5013(b)(1), such sums as are necessary, but not
more than $187,124,469, for the Secretary to carry out
section 5009, to be retained until expended, withdrawn, or
reverted to the general fund of the Treasury; and
(D) for deposit in the Milk River Project Mitigation
Account of the Implementation Fund established under section
5013(b)(2), such sums as are necessary, but not more than
$300,000,000, for the Secretary to carry out obligations of
the Secretary under section 5008, to be retained until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Mandatory appropriations.--
(A) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
deposit--
(i) in the Fort Belknap Indian Community Tribal Irrigation
and Other Water Resources Development Account of the Trust
Fund established under section 5012(b)(1), $29,881,034, to be
retained until expended, withdrawn, or reverted to the
general fund of the Treasury;
(ii) in the Fort Belknap Indian Community Water Resources
and Water Rights Administration, Operation, and Maintenance
Account of the Trust Fund established under section
5012(b)(2), $66,630,752;
(iii) in the Fort Belknap Indian Community Clean and Safe
Domestic Water and Sewer Systems, and Lake Elwell Project
Account of the Trust Fund established under section
5012(b)(3), $110,628,407; and
(iv) in the Fort Belknap Indian Irrigation Project System
Account of the Implementation Fund established under section
5013(b)(1), $228,707,684.
(B) Availability.--Amounts deposited in the accounts under
subparagraph (A) shall be available without further
appropriation.
(3) State cost share.--The State shall contribute
$5,000,000, plus any earned interest, payable to the
Secretary for deposit in the Fort Belknap Indian Community
Tribal Irrigation and Other Water Resources Development
Account of the Trust Fund established under section
5012(b)(1) on approval of a final decree by the Montana Water
Court for the purpose of activities relating to the Upper
Peoples Creek Dam and Reservoir under subparagraphs (A)
through (C) of section 5012(g)(1).
(b) Fluctuation in Costs.--
(1) In general.--The amounts authorized to be appropriated
under paragraphs (1) and (2) of subsection (a) and this
subsection shall be--
(A) increased or decreased, as appropriate, by such amounts
as may be justified by reason of ordinary fluctuations in
costs occurring after the date of enactment of this Act as
indicated by the Bureau of Reclamation Construction Cost
Index--Composite Trend; and
(B) adjusted to address construction cost changes necessary
to account for unforeseen market volatility that may not
otherwise be captured by engineering cost indices as
determined by the Secretary, including repricing applicable
to the types of construction and current industry standards
involved.
(2) Repetition.--The adjustment process under paragraph (1)
shall be repeated for each subsequent amount appropriated
until the amount authorized to be appropriated under
subsection (a), as adjusted, has been appropriated.
(3) Period of indexing.--
(A) Trust fund.--With respect to the Trust Fund, the period
of indexing adjustment under paragraph (1) for any increment
of funding shall end on the date on which the funds are
deposited into the Trust Fund.
(B) Implementation fund.--With respect to the
Implementation Fund, the period of adjustment under paragraph
(1) for any increment of funding shall be annually.
SEC. 5015. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--
Except as provided in subsections (a) through (c) of section
208 of the Department of Justice Appropriation Act, 1953 (43
U.S.C. 666), nothing in this division waives the sovereign
immunity of the United States.
(b) Other Tribes Not Adversely Affected.--Nothing in this
division quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, or community other than the Fort Belknap Indian
Community.
(c) Elimination of Debts or Liens Against Allotments of the
Fort Belknap Indian Community Members Within the Fort Belknap
Indian Irrigation Project.--On the date of enactment of this
Act, the Secretary shall cancel and eliminate all debts or
liens against the allotments of land held by the Fort Belknap
Indian Community and the members of the Fort Belknap Indian
Community due to construction assessments and annual
operation and maintenance charges relating to the Fort
Belknap Indian Irrigation Project.
(d) Effect on Current Law.--Nothing in this division
affects any provision of law (including regulations) in
effect on the day before the date of enactment of this Act
with respect to pre-enforcement review of any Federal
environmental enforcement action.
(e) Effect on Reclamation Laws.--The activities carried out
by the Commissioner under this division shall not establish a
precedent or impact the authority provided under any other
provision of the reclamation laws, including--
(1) the Reclamation Rural Water Supply Act of 2006 (43
U.S.C. 2401 et seq.); and
(2) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(f) Additional Funding.--Nothing in this division prohibits
the Fort Belknap Indian Community from seeking--
(1) additional funds for Tribal programs or purposes; or
(2) funding from the United States or the State based on
the status of the Fort Belknap Indian Community as an Indian
Tribe.
(g) Rights Under State Law.--Except as provided in section
1 of Article III of the Compact (relating to the closing of
certain water basins in the State to new appropriations in
accordance with the laws of the State), nothing in this
division or the Compact precludes the acquisition or exercise
of a right arising under State law (as defined in section 6
of Article II of the Compact) to the use of water by the Fort
Belknap Indian Community, or a member or allottee of the Fort
Belknap Indian Community, outside the Reservation by--
(1) purchase of the right; or
(2) submitting to the State an application in accordance
with State law.
(h) Water Storage and Importation.--Nothing in this
division or the Compact prevents the Fort Belknap Indian
Community from participating in any project to import water
to, or to add storage in, the Milk River Basin.
SEC. 5016. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
division, including any obligation or activity under the
Compact, if--
(1) adequate appropriations are not provided by Congress
expressly to carry out the purposes of this division; or
(2) there are not enough funds available in the Reclamation
Water Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
to carry out the purposes of this division.
______
SA 2353. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,
[[Page S4691]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. REVIEW OF DEPARTMENT OF STATE AND USAID
PROGRAMMING IN PACIFIC ISLANDS.
(a) In General.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development (in this section referred to as
``USAID''), shall include Pacific Island countries in
existing strategic planning and multi-sector program
evaluation processes, including the Integrated Country
Strategies of the Department of State, the Country
Development Cooperation Strategies of USAID, and the Joint
Strategic Plan of the Department and USAID.
(b) Strategic Framework.--Not later than 5 years after the
date of the enactment of this Act, and every 5 years
thereafter, the Administrator of USAID shall publish a 5-year
Pacific Islands Strategic Framework to guide USAID's work in
the Pacific and describe the current status of ongoing
programming.
(c) Programmatic Considerations.--Evaluations and
considerations for Pacific Island countries in the program
planning and strategic development processes under this
section should include--
(1) descriptions of the diplomatic and development
challenges of each Pacific Island country as those challenges
relate to the strategic, economic, and humanitarian interests
of the United States;
(2) reviews of existing Department of State and USAID
programs to address the diplomatic and development challenges
of those countries identified under paragraph (1);
(3) descriptions of the barriers, if any, to increasing
Department of State and USAID programming to Pacific Island
countries, including--
(A) the relative income level of Pacific Island countries
relative to other regions where there is high demand for
United States foreign assistance to support development
needs;
(B) the relative capacity of Pacific Island countries to
absorb United States foreign assistance for diplomatic and
development needs through partner governments and civil
society institutions; and
(C) any other factor that the Secretary or the
Administrator determines may constitute a barrier to
deploying or increasing United States foreign assistance to
the Pacific Island countries;
(4) assessments of the presence of, degree of international
development by, partner country indebtedness to, and
political influence of malign foreign governments, such as
the Government of the People's Republic of China, and non-
state actors;
(5) assessments of new foreign economic assistance
modalities that could assist in strengthening United States
foreign assistance in to Pacific Island countries, including
the deployment of technical assistance and asset recovery
tools to partner governments and civil society institutions
to help develop the capacity and expertise necessary to
achieve self-sufficiency;
(6) an evaluation of the existing budget and resource
management processes for the mission and work of the
Department of State and USAID with respect to programming in
Pacific Island countries;
(7) an explanation of how the Secretary and the
Administrator will use existing programming processes,
including those with respect to development of an Integrated
Country Strategy, a Country Development Cooperation Strategy,
and the Joint Strategic Plan to advance the long-term growth,
governance, economic development, and resilience of Pacific
Island countries; and
(8) any recommendations about appropriate budgetary,
resource management, and programmatic changes necessary to
assist in strengthening United States foreign assistance
programming in the Pacific Island countries.
(d) Briefing Requirement.--No later than 90 days after the
date of the enactment of this Act, and annually thereafter,
the Secretary and the Administrator shall brief Congress on
ongoing programming in Pacific Island Countries, including
the considerations described in subsection (c).
______
SA 2354. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. BRIEFING ON ESTABLISHING A PACIFIC ISLANDS
SECURITY DIALOGUE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall brief
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on the feasibility and advisability of establishing a United
States-based public-private sponsored security dialogue (to
be known as the ``Pacific Islands Security Dialogue'') among
the Pacific Islands for the purposes of jointly exploring and
discussing issues affecting the economic, diplomatic, and
national security of the Pacific Islands.
(b) Report Required.--The briefing required by subsection
(a) shall, at a minimum, include the following:
(1) A review of the ability of the Department of State to
participate in a public-private sponsored security dialogue.
(2) A survey of Pacific Island countries on their interest
in engaging in such a dialogue and potential topics for
discussion.
(3) An assessment of the potential locations for conducting
a Pacific Islands Security Dialogue in the jurisdiction of
the United States.
(4) Consideration of dates for conducting a Pacific Islands
Security Dialogue that would maximize participation of
representatives from the Pacific Islands.
(5) A review of the funding modalities available to the
Department of State to help finance a Pacific Islands
Security Dialogue, including grant-making authorities
available to the Department of State.
(6) An assessment of any administrative, statutory, or
other legal limitations that would prevent the establishment
of a Pacific Islands Security Dialogue with participation and
support of the Department of State as described in subsection
(a).
(7) An analysis of how a Pacific Islands Security Dialogue
could help to advance the Boe Declaration on Regional
Security, including its emphasis on the changing environment
as the greatest existential threat to the Pacific Islands.
(8) An evaluation of how a Pacific Islands Security
Dialogue could help amplify the issues and work of existing
regional structures and organizations dedicated to the
security of the Pacific Islands region, such as the Pacific
Island Forum and Pacific Environmental Security Forum.
(9) An analysis of how a Pacific Islands Security Dialogue
would advance the Pacific Partnership Strategy of the United
States and the National Security Strategy of the United
States.
(c) Interagency Consultation.--To the extent practicable,
the Secretary of State may consult with the Secretary of
Homeland Security, the Secretary of Defense and, where
appropriate, evaluate the lessons learned of the Regional
Centers for Security Studies of the Department of Defense to
determine the feasibility and advisability of establishing
the Pacific Islands Security Dialogue.
______
SA 2355. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. PACIFIC ISLANDS STRATEGIC INFRASTRUCTURE
INITIATIVE.
(a) In General.--The Secretary of State, in concurrence
with the Director of the United States Trade and Development
Agency, and in collaboration with the Administrator of the
United States Agency for International Development, the
Secretary of Transportation, the Chief of Engineers, and the
Secretary of Energy, working through the directors of the
national laboratories of the Department of Energy, the
Secretary of the Treasury, and the Secretary of Defense,
shall develop a program to catalyze sustainable, resilient
infrastructure throughout the Pacific Islands, including by
providing frequent and meaningful technical assistance to
inform the needs assessments and planning of Pacific Island
countries to protect against threats to critical
infrastructure.
(b) Goals.--The goal of the program established under
subsection (a) is to strengthen United States support of
Pacific Island countries in assessing--
(1) existing and forecasted threats to the functionality
and safety of infrastructure resulting from sea-level
fluctuation, salt water intrusion, extreme weather, or other
severe changes in the environment, as well as cyber threats
and any other security risks that disrupt essential services
or threaten public health;
(2) the strategies, designs, and engineering techniques for
reinforcing or rebuilding failing infrastructure in ways that
with withstand and maintain function in light of existing and
forecasted threats to community infrastructure;
(3) the rate and sources of deterioration, structural
deficiencies, and most pressing risks to public safety from
aging and failing infrastructure;
(4) priorities for infrastructure improvement,
reinforcement, re-engineering, or replacement based on the
significance of infrastructure to ensuring public health,
safety, and economic growth;
(5) risks associated with the interconnectedness of supply
chains and technology, communications, and financial systems;
(6) the policy and governance needed to strengthen critical
infrastructure resilience,
[[Page S4692]]
including with respect to infrastructure financing to meet
the contemporary needs of Pacific Islanders; and
(7) the plan for leveraging regional funding mechanisms,
including the Pacific Resilience Facility, as well as
bilateral assistance and global multilateral financing to
coordinate international financial support for infrastructure
projects.
(c) Activities.--To achieve the purpose of the program
established under subsection (a), the Secretary is encouraged
to consider the following activities:
(1) Educational and information sharing with Pacific Island
countries that helps develop the local capacity of government
and civil society leaders to evaluate localized critical
infrastructure risks, interdependencies across systems, and
risk-mitigation solutions.
(2) Technology exchanges that provide Pacific Island
countries with access to proven, cost-effective solutions for
mitigating the risks associated with critical infrastructure
vulnerabilities and related interdependencies.
(3) Financial and budget management and related technical
assistance that provide Pacific Island countries with
additional capacity to access, manage, and service financing
for contemporary infrastructure projects to support the
resilience needs of communities in the Pacific Islands.
(d) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2025 through 2029
$20,000,000 to the United States Trade and Development
Agency, to be used in consultation with the Secretary of
State, to carry out this section.
______
SA 2356. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. PACIFIC ISLANDS RESTORATION AND HAZARDS REMOVAL
PROGRAM.
(a) In General.--The Secretary of State shall establish an
Pacific Islands Restoration and Hazards Removal Program (in
this section referred to as the ``Program'').
(b) Purpose.--The purpose of the Program is--
(1) to coordinate with Pacific Island countries to support
survey and clearance operations of landmines and other
explosive remnants of war; and
(2) to build the national capacity of the Pacific Island
countries to identify, isolate, and mitigate risks related to
explosive ordnance hazards through survey and disposal
training, funding to nongovernmental organizations, and
support to regional cooperation initiatives with countries
that are partners and allies of the United States, including
Australia, France, Japan, New Zealand, the Republic of Korea,
and the United Kingdom.
(c) Report Required.--Not later than one year after the
date of the enactment of this Act, and annually thereafter,
the Secretary of State shall submit to the committees
specified in subsection (d) a report on the Program that
includes the following:
(1) An assessment of the risk from surface and subsurface
explosive ordnance hazards, submerged maritime vessels, and
related hazards as determined by the Secretary that exists
for the people of the Pacific Islands, including--
(A) a review of threats to critical infrastructure,
environmental resources, and other sectors essential to the
health, safety, and livelihoods of the people of the Pacific
Islands; and
(B) an identification of gaps in key databases or data
needed to provide a more thorough assessment of the risk.
(2) A list of the locations where the United States plans
to prioritize mitigation efforts based on the risk assessment
conducted under paragraph (1) to support and fund survey,
explosive ordnance risk education, victim assistance
programs, and clearance operations and enhance national
capacity building to address hazards or mitigate risks
associated with the hazards identified in paragraph (1).
(3) A description of the survey and removal activities,
explosive ordnance risk education, victim assistance, and
national capacity building initiatives conducted during the
year preceding submission of the report, including an
explanation of how those activities and initiatives aligned
with the activities and initiatives of countries that are
partners or allies of the United States.
(4) A description of the survey and removal activities,
explosive ordnance risk education, victim assistance, and
national capacity building initiatives planned for the year
following the submission of the report, including budgetary
and other resource requirements necessary to conduct those
activities and initiatives during that year.
(5) A description of the United States support provided to
nongovernmental organizations conducting survey and removal
activities in Pacific Island countries.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State $10, 000,000 for
each of fiscal years 2025 through 2029 to carry out this
section.
______
SA 2357. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. OVERSIGHT OF THE PROCUREMENT OF EQUIPMENT BY STATE
AND LOCAL GOVERNMENTS THROUGH THE DEPARTMENT OF
DEFENSE.
Section 281 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Limitations on Purchases.--(1) The Secretary shall
require, as a condition of any purchase of equipment under
this section, that if the Department of Justice opens an
investigation into a State or unit of local government under
section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601), the Secretary
shall pause all pending or future purchases by that State or
unit of local government.
``(2) The Secretary shall prohibit the purchase of
equipment by a State or unit of local government for a period
of 5 years upon a finding that equipment purchased under this
section by the State or unit of local government was used as
part of a violation under section 210401 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601).
``(e) Publicly Accessible Website on Purchased Equipment.--
(1) The Secretary, in coordination with the Administrator of
General Services, shall create and maintain a publicly
available internet website that provides in searchable format
information on the purchase of equipment under this section
and the recipients of such equipment.
``(2) The internet website required under paragraph (1)
shall include all publicly accessible unclassified
information pertaining to the purchase of equipment under
this section, including--
``(A) the catalog of equipment available for purchase under
subsection (c);
``(B) the recipient state or unit of local government;
``(C) the purpose of the purchase under subsection (a)(1);
``(D) the type of equipment;
``(E) the cost of the equipment;
``(F) the administrative costs under subsection (b); and
``(G) other information the Secretary determines is
necessary.
``(3) The Secretary shall update on a quarterly basis
information included on the internet website required under
paragraph (1).''.
______
SA 2358. Mr. HAGERTY (for himself and Mr. Reed) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. TREATMENT OF PRESCREENING REPORT REQUESTS.
Section 604(c) of the Fair Credit Reporting Act (15 U.S.C.
1681b(c)) is amended by adding at the end the following:
``(4) Treatment of prescreening report requests.--
``(A) Definitions.--In this paragraph:
``(i) Credit union.--The term `credit union' means a
Federal credit union or a State credit union, as those terms
are defined in section 101 of the Federal Credit Union Act
(12 U.S.C 1752).
``(ii) Insured depository institution.--The term `insured
depository institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)).
``(iii) Residential mortgage loan.--The term `residential
mortgage loan' has the meaning given the term in section 1503
of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C.
5102).
``(iv) Servicer.--The term `servicer' has the meaning given
the term in section 6(i) of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2605(i)).
``(B) Limitation.--If a person requests a consumer report
from a consumer reporting agency in connection with a credit
transaction involving a residential mortgage loan,
[[Page S4693]]
that agency may not, based in whole or in part on that
request, furnish a consumer report to another person under
this subsection unless that other person--
``(i) has submitted documentation to that agency certifying
that such other person has, pursuant to paragraph (1)(A), the
authorization of the consumer to whom the consumer report
relates; or
``(ii)(I) has originated a current residential mortgage
loan of the consumer to whom the consumer report relates;
``(II) is the servicer of a current residential mortgage
loan of the consumer to whom the consumer report relates; or
``(III)(aa) is an insured depository institution or credit
union; and
``(bb) holds a current account for the consumer to whom the
consumer report relates.''.
______
SA 2359. Mr. CRAPO (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Bring Our Heroes Home Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Bring Our Heroes Home
Act''.
SEC. 1097. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--Congress finds and declares
the following:
(1) A vast number of records relating to missing Armed
Forces and civilian personnel have not been identified,
located, or transferred to the National Archives following
review and declassification. Only in the rarest cases is
there any legitimate need for continued protection of records
pertaining to missing Armed Forces and civilian personnel who
have been missing for decades.
(2) There has been insufficient priority placed on
identifying, locating, reviewing, or declassifying records
relating to missing Armed Forces and civilian personnel and
then transferring the records to the National Archives for
public access.
(3) Mandates for declassification set forth in multiple
Executive orders have been broadly written, loosely
interpreted, and often ignored by Federal agencies in
possession and control of records related to missing Armed
Forces and civilian personnel.
(4) No individual or entity has been tasked with oversight
of the identification, collection, review, and
declassification of records related to missing Armed Forces
and civilian personnel.
(5) The interest, desire, workforce, and funding of Federal
agencies to assemble, review, and declassify records relating
to missing Armed Forces and civilian personnel have been
lacking.
(6) All records of the Federal Government relating to
missing Armed Forces and civilian personnel should be
preserved for historical and governmental purposes and for
public research.
(7) All records of the Federal Government relating to
missing Armed Forces and civilian personnel should carry a
presumption of declassification, and all such records should
be disclosed under this subtitle to enable the fullest
possible accounting for missing Armed Forces and civilian
personnel.
(8) Legislation is necessary to create an enforceable,
independent, and accountable process for the public
disclosure of records relating to missing Armed Forces and
civilian personnel.
(9) Legislation is necessary because section 552 of title
5, United States Code (commonly known as the ``Freedom of
Information Act''), as implemented by Federal agencies, has
prevented the timely public disclosure of records relating to
missing Armed Forces and civilian personnel.
(b) Purposes.--The purposes of this subtitle are--
(1) to provide for the creation of the Missing Armed Forces
and Civilian Personnel Records Collection at the National
Archives; and
(2) to require the expeditious public transmission to the
Archivist and public disclosure of missing Armed Forces and
civilian personnel records, subject to narrow exceptions, as
set forth in this subtitle.
SEC. 1098. DEFINITIONS.
In this subtitle:
(1) Archivist.--The term ``Archivist'' means Archivist of
the United States.
(2) Collection.--The term ``Collection'' means the Missing
Armed Forces and Civilian Personnel Records Collection
established under section 1094(a).
(3) Executive agency.--The term ``Executive agency''--
(A) means an agency, as defined in section 552(f) of title
5, United States Code;
(B) includes any Executive department, military department,
Government corporation, Government controlled corporation, or
other establishment in the executive branch of the Federal
Government, including the Executive Office of the President,
any branch of the Armed Forces, and any independent
regulatory agency; and
(C) does not include any non-appropriated agency,
department, corporation, or establishment.
(4) Executive branch missing armed forces and civilian
personnel record.--The term ``executive branch missing Armed
Forces and civilian personnel record'' means a missing Armed
Forces and civilian personnel record of an Executive agency,
or information contained in such a missing Armed Forces and
civilian personnel record obtained by or developed within the
executive branch of the Federal Government.
(5) Government office.--The term ``Government office''
means an Executive agency, the Library of Congress, or the
National Archives.
(6) Missing armed forces and civilian personnel.--
(A) Definition.--The term ``missing Armed Forces and
civilian personnel'' means one or more missing persons; and
(B) Inclusions.--The term ``missing Armed Forces and
civilian personnel'' includes an individual who was a missing
person and whose status was later changed to ``missing and
presumed dead''.
(7) Missing armed forces and civilian personnel record.--
The term ``missing Armed Forces and civilian personnel
record'' means a record that relates, directly or indirectly,
to the loss, fate, or status of missing Armed Forces and
civilian personnel that--
(A) was created or made available for use by, obtained by,
or otherwise came into the custody, possession, or control
of--
(i) any Government office;
(ii) any Presidential library; or
(iii) any of the Armed Forces; and
(B) relates to 1 or more missing Armed Forces and civilian
personnel who became missing persons during the period--
(i) beginning on December 7, 1941; and
(ii) ending on the date of enactment of this Act.
(8) Missing person.--The term ``missing person'' means--
(A) a person described in paragraph (1) of section 1513 of
title 10, United States Code; and
(B) any other civilian employee of the Federal Government
or an employee of a contractor of the Federal Government who
serves in direct support of, or accompanies, the Armed Forces
in the field under orders and who is in a missing status (as
that term is defined in paragraph (2) of such section 1513).
(9) National archives.--The term ``National Archives''--
(A) means the National Archives and Records Administration;
and
(B) includes any component of the National Archives and
Records Administration (including Presidential archival
depositories established under section 2112 of title 44,
United States Code).
(10) Official investigation.--The term ``official
investigation'' means a review, briefing, inquiry, or hearing
relating to missing Armed Forces and civilian personnel
conducted by a Presidential commission, committee of
Congress, or agency, regardless of whether it is conducted
independently, at the request of any Presidential commission
or committee of Congress, or at the request of any official
of the Federal Government.
(11) Originating body.--The term ``originating body'' means
the Government office or other initial source that created a
record or particular information within a record.
(12) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
missing Armed Forces and civilian personnel records for
historical and governmental purposes, for public research,
and for the purpose of fully informing the people of the
United States, most importantly families of missing Armed
Forces and civilian personnel, about the fate of the missing
Armed Forces and civilian personnel and the process by which
the Federal Government has sought to account for them.
(13) Record.--The term ``record'' has the meaning given the
term ``records'' in section 3301 of title 44, United States
Code.
(14) Review board.--The term ``Review Board'' means the
Missing Armed Forces and Civilian Personnel Records Review
Board established under section 1099C.
SEC. 1099. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS COLLECTION AT THE NATIONAL ARCHIVES.
(a) Establishment of Collection.--Not later than 90 days
after confirmation of the initial members of the Missing
Armed Forces and Civilian Personnel Records Review Board
established under section 1099C, the Archivist shall--
(1) commence establishment of a collection of records to be
known as the ``Missing Armed Forces and Civilian Personnel
Records Collection'';
(2) commence preparing the subject guidebook and index to
the Collection; and
(3) establish criteria and acceptable formats for Executive
agencies to follow when transmitting copies of missing Armed
Forces and civilian personnel records to the Archivist, to
include required metadata.
(b) Regulations.--Not later than 90 days after the date of
the swearing in of the Board members, the Review Board shall
promulgate rules to establish guidelines and processes for
the disclosure of records contained in the Collection.
SEC. 1099A. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS BY GOVERNMENT OFFICES.
(a) In General.--
[[Page S4694]]
(1) Preparation.--As soon as practicable after the date of
enactment of this Act, and sufficiently in advance of the
deadlines established under this subtitle, each Government
office shall--
(A) identify and locate any missing Armed Forces and
civilian personnel records in the custody, possession, or
control of the Government office, including intelligence
reports, congressional inquiries, memoranda to or from the
White House and other Federal departments and agencies,
Prisoner of War (POW) debriefings, live sighting reports,
documents relating to POW camps, movement of POWs,
exploitation of POWs, experimentation on POWs, or status
changes from Missing in Action (MIA) to Killed in Action
(KIA); and
(B) prepare for transmission to the Archivist in accordance
with the criteria and acceptable formats established by the
Archivist a copy of any missing Armed Forces and civilian
personnel records that have not previously been transmitted
to the Archivist by the Government office.
(2) Certification.--Each Government office shall submit to
the Archivist, under penalty of perjury, a certification
indicating--
(A) whether the Government office has conducted a thorough
search for all missing Armed Forces and civilian personnel
records in the custody, possession, or control of the
Government office; and
(B) whether a copy of any missing Armed Forces and civilian
personnel record has not been transmitted to the Archivist.
(3) Preservation.--No missing Armed Forces and civilian
personnel record shall be destroyed, altered, or mutilated in
any way.
(4) Effect of previous disclosure.--Information that was
made available or disclosed to the public before the date of
enactment of this Act in a missing Armed Forces and civilian
personnel record may not be withheld, redacted, postponed for
public disclosure, or reclassified.
(5) Withheld and substantially redacted records.--For any
missing Armed Forces and civilian personnel record that is
transmitted to the Archivist which a Government office
proposes to substantially redact or withhold in full from
public access, the head of the Government office shall submit
an unclassified and publicly releasable report to the
Archivist, the Review Board, and each appropriate committee
of the Senate and the House of Representatives justifying the
decision of the Government office to substantially redact or
withhold the record by demonstrating that the release of
information would clearly and demonstrably be expected to
cause an articulated harm, and that the harm would be of such
gravity as to outweigh the public interest in access to the
information.
(b) Review.--
(1) In general.--Except as provided under paragraph (5),
not later than 180 days after confirmation of the initial
members of the Missing Armed Forces and Civilian Personnel
Records Review Board, each Government office shall, in
accordance with the criteria and acceptable formats
established by the Archivist--
(A) identify, locate, copy, and review each missing Armed
Forces and civilian personnel record in the custody,
possession, or control of the Government office for
transmission to the Archivist and disclosure to the public
or, if needed, review by the Review Board; and
(B) cooperate fully, in consultation with the Archivist, in
carrying out paragraph (3).
(2) Requirement.--The Review Board shall promulgate rules
for the disclosure of relevant records by Government offices
under paragraph (1).
(3) National archives records.--Not later than 180 days
after confirmation of the initial members of the Missing
Armed Forces and Civilian Personnel Records Review Board, the
Archivist shall--
(A) locate and identify all missing Armed Forces and
civilian personnel records in the custody of the National
Archives as of the date of enactment of this Act that remain
classified, in whole or in part;
(B) notify a Government office if the Archivist locates and
identifies a record of the Government office under
subparagraph (A); and
(C) make each classified missing Armed Forces and civilian
personnel record located and identified under subparagraph
(A) available for review by Executive agencies through the
National Declassification Center established under Executive
Order 13526 or any successor order.
(4) Records already public.--A missing Armed Forces and
civilian personnel record that is in the custody of the
National Archives on the date of enactment of this Act and
that has been publicly available in its entirety without
redaction shall be made available in the Collection without
any additional review by the Archivist, the Review Board, or
any other Government office under this subtitle.
(5) Exemptions.--
(A) Department of defense pow/mia accounting agency.--The
Defense POW/MIA Accounting Agency (DPAA) is exempt from the
requirement under this subsection to declassify and transmit
to the Archivist documents in its custody or control that
pertain to a specific case or cases that DPAA is actively
investigating or developing for the purpose of locating,
disinterring, or identifying a missing member of the Armed
Forces
(B) Department of defense military service casualty offices
and department of state service casualty offices.--The
Department of Defense Military Service Casualty Offices and
the Department of State Service Casualty Offices are exempt
from the requirement to declassify and transmit to the
Archivist documents in their custody or control that pertain
to individual cases with respect to which the office is
lending support and assistance to the families of missing
individuals.
(c) Transmission to the National Archives.--Each Government
office shall--
(1) not later than 180 days after confirmation of the
initial members of the Missing Armed Forces and Civilian
Personnel Records Review Board, commence transmission to the
Archivist of copies of the missing Armed Forces and civilian
personnel records in the custody, possession, or control of
the Government office; and
(2) not later than 1 year after confirmation of the initial
members of the Missing Armed Forces and Civilian Personnel
Records Review Board, complete transmission to the Archivist
of copies of all missing Armed Forces and civilian personnel
records in the possession or control of the Government
office.
(d) Periodic Review of Postponed Missing Armed Forces and
Civilian Personnel Records.--
(1) In general.--All missing Armed Forces and civilian
personnel records, or information within a missing Armed
Forces and civilian personnel record, the public disclosure
of which has been postponed under the standards under this
subtitle shall be reviewed by the originating body--
(A)(i) periodically, but not less than every 5 years, after
the date on which the Review Board terminates under section
1097(o); and
(ii) at the direction of the Archivist; and
(B) consistent with the recommendations of the Review Board
under section 1099E(b)(3)(B).
(2) Contents.--
(A) In general.--A periodic review of a missing Armed
Forces and civilian personnel record, or information within a
missing Armed Forces and civilian personnel record, by the
originating body shall address the public disclosure of the
missing Armed Forces and civilian personnel record under the
standards under this subtitle.
(B) Continued postponement.--If an originating body
conducting a periodic review of a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which has been postponed under the standards
under this subtitle, determines that continued postponement
is required, the originating body shall provide to the
Archivist an unclassified written description of the reason
for the continued postponement that the Archivist shall
highlight and make accessible on a publicly accessible
website administered by the National Archives.
(C) Scope.--The periodic review of postponed missing Armed
Forces and civilian personnel records, or information within
a missing Armed Forces and civilian personnel record, shall
serve the purpose stated in section 1097(b)(2), to provide
expeditious public disclosure of missing Armed Forces and
civilian personnel records, to the fullest extent possible,
subject only to the grounds for postponement of disclosure
under section 1099B.
(D) Disclosure absent certification by president.--Not
later than 10 years after confirmation of the initial members
of the Missing Armed Forces and Civilian Personnel Records
Review Board, all missing Armed Forces and civilian personnel
records, and information within a missing Armed Forces and
civilian personnel record, shall be publicly disclosed in
full, and available in the Collection, unless--
(i) the head of the originating body, Executive agency, or
other Government office recommends in writing that continued
postponement is necessary;
(ii) the written recommendation described in clause (i)--
(I) is provided to the Archivist in unclassified and
publicly releasable form not later than 180 days before the
date that is 10 years after confirmation of the initial
members of the Missing Armed Forces and Civilian Personnel
Records Review Board; and
(II) includes--
(aa) a justification of the recommendation to postpone
disclosure with clear and convincing evidence that the
identifiable harm is of such gravity that it outweighs the
public interest in disclosure; and
(bb) a recommended specified time at which or a specified
occurrence following which the material may be appropriately
disclosed to the public under this subtitle;
(iii) the Archivist transmits all recommended postponements
and the recommendation of the Archivist to the President not
later than 90 days before the date that is 10 years after the
date of confirmation of the initial members of the Missing
Armed Forces and Civilian Personnel Records Review Board; and
(iv) the President transmits to the Archivist a
certification indicating that continued postponement is
necessary and the identifiable harm, as demonstrated by clear
and convincing evidence, is of such gravity that it outweighs
the public interest in disclosure not later than the date
that is 10 years after confirmation of the initial members of
the Missing Armed Forces and Civilian Personnel Records
Review Board.
[[Page S4695]]
SEC. 1099B. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
RECORDS.
(a) In General.--Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created after the date that is 25 years before the
date of the review of the missing Armed Forces and civilian
personnel record by the Archivist may be postponed subject to
the limitations under this subtitle only--
(1) if it pertains to--
(A) military plans, weapons systems, or operations;
(B) foreign government information;
(C) intelligence activities (including covert action),
intelligence sources or methods, or cryptology;
(D) foreign relations or foreign activities of the United
States, including confidential sources;
(E) scientific, technological, or economic matters relating
to the national security;
(F) United States Government programs for safeguarding
nuclear materials or facilities;
(G) vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or
protection services relating to the national security; or
(H) the development, production, or use of weapons of mass
destruction; and
(2) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure.
(b) Older Records.--Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created on or before the date that is 25 years before
the date of the review of the missing Armed Forces and
civilian personnel record by the Archivist may be postponed
subject to the limitations under this subtitle only if, as
demonstrated by clear and convincing evidence--
(1) the release of the information would be expected to--
(A) reveal the identity of a confidential human source, a
human intelligence source, a relationship with an
intelligence or security service of a foreign government or
international organization, or a nonhuman intelligence
source, or impair the effectiveness of an intelligence method
currently in use, available for use, or under development;
(B) reveal information that would impair United States
cryptologic systems or activities;
(C) reveal formally named or numbered United States
military war plans that remain in effect, or reveal
operational or tactical elements of prior plans that are
contained in such active plans; or
(D) reveal information, including foreign government
information, that would cause serious harm to relations
between the United States and a foreign government, or to
ongoing diplomatic activities of the United States; and
(2) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure.
(c) Exception.--Regardless of the date on which a missing
Armed Forces and civilian personnel record was created,
disclosure to the public of information in the missing Armed
Forces and civilian personnel record may be postponed if--
(1) the public disclosure of the information would reveal
the name or identity of a living person who provided
confidential information to the United States and would pose
a substantial risk of harm to that person;
(2) the public disclosure of the information could
reasonably be expected to constitute an unwarranted invasion
of personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest;
(3) the public disclosure of the information could
reasonably be expected to cause harm to the methods currently
in use or available for use by members of the Armed Forces to
survive, evade, resist, or escape; or
(4) the public disclosure of such information would
conflict with United States law or regulations.
SEC. 1099C. ESTABLISHMENT AND POWERS OF THE MISSING ARMED
FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW
BOARD.
(a) Establishment.--There is established as an independent
establishment in the executive branch a board to be known as
the ``Missing Armed Forces and Civilian Personnel Records
Review Board''.
(b) Membership.--
(1) Appointments.--The President shall appoint, by and with
the advice and consent of the Senate, 5 individuals to serve
as a member of the Review Board to ensure and facilitate the
review, transmission to the Archivist, and public disclosure
of missing Armed Forces and civilian personnel records.
(2) Qualifications.--The President shall appoint
individuals to serve as members of the Review Board--
(A) without regard to political affiliation;
(B) who are citizens of the United States of integrity and
impartiality;
(C) who are not an employee of an Executive agency on the
date of the appointment;
(D) who have high national professional reputation in their
fields who are capable of exercising the independent and
objective judgment necessary to the fulfillment of their role
in ensuring and facilitating the identification, location,
review, transmission to the Archivist, and public disclosure
of missing Armed Forces and civilian personnel records;
(E) who possess an appreciation of the value of missing
Armed Forces and civilian personnel records to scholars, the
Federal Government, and the public, particularly families of
missing Armed Forces and civilian personnel;
(F) not less than 1 of whom is a professional historian;
and
(G) not less than 1 of whom is an attorney.
(3) Deadlines.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, the President shall submit nominations
for all members of the Review Board.
(B) Confirmation rejected.--If the Senate votes not to
confirm a nomination to serve as a member of the Review
Board, not later than 90 days after the date of the vote the
President shall submit the nomination of an additional
individual to serve as a member of the Review Board.
(4) Consultation.--The President shall make nominations to
the Review Board after considering individuals recommended by
the American Historical Association, the Organization of
American Historians, the Society of American Archivists, the
American Bar Association, veterans' organizations, and
organizations representing families of missing Armed Forces
and civilian personnel.
(c) Security Clearances.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual nominated to be a member of the Review Board,
seeking security clearances necessary to carry out the duties
of the Review Board, is expeditiously reviewed and granted or
denied.
(d) Confirmation.--
(1) Hearings.--Not later than 30 days on which the Senate
is in session after the date on which not less than 3
individuals have been nominated to serve as members of the
Review Board, the Committee on Homeland Security and
Governmental Affairs of the Senate shall hold confirmation
hearings on the nominations.
(2) Committee vote.--Not later than 14 days on which the
Senate is in session after the date on which the Committee on
Homeland Security and Governmental Affairs holds a
confirmation hearing on the nomination of an individual to
serve as a member of the Review Board, the committee shall
vote on the nomination and report the results to the full
Senate immediately.
(3) Senate vote.--Not later than 14 days on which the
Senate is in session after the date on which the Committee on
Homeland Security and Governmental Affairs reports the
results of a vote on a nomination of an individual to serve
as a member of the Review Board, the Senate shall vote on the
confirmation of the nominee.
(e) Vacancy.--Not later than 60 days after the date on
which a vacancy on the Review Board occurs, the vacancy shall
be filled in the same manner as specified for original
appointment.
(f) Chairperson.--The members of the Review Board shall
elect a member as Chairperson at the initial meeting of the
Review Board.
(g) Removal of Review Board Member.--
(1) In general.--A member of the Review Board shall not be
removed from office, other than--
(A) by impeachment by Congress; or
(B) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
(2) Judicial review.--
(A) In general.--A member of the Review Board removed from
office may obtain judicial review of the removal in a civil
action commenced in the United States District Court for the
District of Columbia.
(B) Relief.--The member may be reinstated or granted other
appropriate relief by order of the court.
(h) Compensation of Members.--
(1) Basic pay.--A member of the Review Board shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
(i) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
a decision on a determination by a Government office to seek
to postpone the disclosure of a missing Armed Forces and
civilian personnel record, in whole or in part.
(2) Records.--In carrying out paragraph (1), the Review
Board shall consider and render a decision regarding--
(A) whether a record constitutes a missing Armed Forces and
civilian personnel record; and
[[Page S4696]]
(B) whether a missing Armed Forces and civilian personnel
record, or particular information in a missing Armed Forces
and civilian personnel record, qualifies for postponement of
disclosure under this subtitle.
(j) Powers.--The Review Board shall have the authority to
act in a manner prescribed under this subtitle, including
authority to--
(1) direct Government offices to transmit to the Archivist
missing Armed Forces and civilian personnel records as
required under this subtitle;
(2) direct Government offices to transmit to the Archivist
substitutes and summaries of missing Armed Forces and
civilian personnel records that can be publicly disclosed to
the fullest extent for any missing Armed Forces and civilian
personnel record that is proposed for postponement in full or
that is substantially redacted;
(3) obtain access to missing Armed Forces and civilian
personnel records that have been identified by a Government
office;
(4) direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals, which the Review Board has reason to
believe is required to fulfill its functions and
responsibilities under this subtitle;
(5) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as the Review Board considers advisable
to carry out its responsibilities under this subtitle;
(6) hold individuals in contempt for failure to comply with
directives and mandates issued by the Review Board under this
subtitle, which shall not include the authority to imprison
or fine any individual;
(7) require any Government office to account in writing for
the destruction of any records relating to the loss, fate, or
status of missing Armed Forces and civilian personnel;
(8) receive information from the public regarding the
identification and public disclosure of missing Armed Forces
and civilian personnel records; and
(9) make a final determination regarding whether a missing
Armed Forces and civilian personnel record will be disclosed
to the public or disclosure of the missing Armed Forces and
civilian personnel record to the public will be postponed,
notwithstanding the determination of an Executive agency.
(k) Witness Immunity.--The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code.
(l) Oversight.--
(1) In general.--The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives shall
have--
(A) continuing oversight jurisdiction with respect to the
official conduct of the Review Board and the disposition of
postponed records after termination of the Review Board; and
(B) upon request, access to any records held or created by
the Review Board.
(2) Duty of review board.--The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
under paragraph (1).
(m) Support Services.--The Administrator of the General
Services Administration shall provide administrative services
for the Review Board on a reimbursable basis.
(n) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
(o) Termination and Winding Up.--
(1) In general.--Two years after the date of enactment of
this Act, the Review Board shall, by majority vote, determine
whether all Government offices have complied with the
obligations, mandates, and directives under this subtitle.
(2) Termination date.--The Review Board shall terminate on
the date that is 4 years after the date of swearing in of the
Board members.
(3) Report.--Before the termination of the Review Board
under paragraph (2), the Review Board shall submit to
Congress reports, including a complete and accurate
accounting of expenditures during its existence, and shall
complete all other reporting requirements under this
subtitle.
(4) Records.--Upon termination of the Review Board, the
Review Board shall transfer all records of the Review Board
to the Archivist for inclusion in the Collection, and no
record of the Review Board shall be destroyed.
SEC. 1099D. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS REVIEW BOARD PERSONNEL.
(a) Executive Director.--
(1) In general.--Not later than 45 days after the initial
meeting of the Review Board, the Review Board shall appoint
an individual to the position of Executive Director.
(2) Qualifications.--The individual appointed as Executive
Director of the Review Board--
(A) shall be a citizen of the United States of integrity
and impartiality;
(B) shall be appointed without regard to political
affiliation; and
(C) shall not have any conflict of interest with the
mission of the Review Board.
(3) Security clearance.--
(A) Limit on appointment.--The Review Board shall not
appoint an individual as Executive Director until after the
date on which the individual qualifies for the necessary
security clearance.
(B) Expedited provision.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual nominated to be Executive Director, seeking
security clearances necessary to carry out the duties of the
Executive Director, is expeditiously reviewed and granted or
denied.
(4) Duties.--The Executive Director shall--
(A) serve as principal liaison to Government offices;
(B) be responsible for the administration and coordination
of the review of records by the Review Board;
(C) be responsible for the administration of all official
activities conducted by the Review Board; and
(D) not have the authority to decide or determine whether
any record should be disclosed to the public or postponed for
disclosure.
(5) Removal.--The Executive Director may be removed by a
majority vote of the Review Board.
(b) Staff.--
(1) In general.--The Review Board may, in accordance with
the civil service laws, but without regard to civil service
law and regulation for competitive service as defined in
subchapter I of chapter 33 of title 5, United States Code,
appoint and terminate additional employees as are necessary
to enable the Review Board and the Executive Director to
perform their duties under this subtitle.
(2) Qualifications.--An individual appointed to a position
as an employee of the Review Board--
(A) shall be a citizen of the United States of integrity
and impartiality; and
(B) shall not have had any previous involvement with any
official investigation or inquiry relating to the loss, fate,
or status of missing Armed Forces and civilian personnel.
(3) Security clearance.--
(A) Limit on appointment.--The Review Board shall not
appoint an individual as an employee of the Review Board
until after the date on which the individual qualifies for
the necessary security clearance.
(B) Expedited provision.--The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual who is a candidate for a position with the
Review Board, seeking security clearances necessary to carry
out the duties of the position, is expeditiously reviewed and
granted or denied.
(c) Compensation.--The Review Board shall fix the
compensation of the Executive Director and other employees of
the Review Board without regard to chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the Executive Director and
other employees may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title 5,
United States Code.
(d) Advisory Committees.--
(1) In general.--The Review Board may create 1 or more
advisory committees to assist in fulfilling the
responsibilities of the Review Board under this subtitle.
(2) Applicability of faca.--Any advisory committee created
by the Review Board shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 1099E. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND
CIVILIAN PERSONNEL RECORDS REVIEW BOARD.
(a) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date on which all
members are sworn in, publish an initial schedule for review
of all missing Armed Forces and civilian personnel records,
which the Archivist shall highlight and make available on a
publicly accessible website administered by the National
Archives; and
(2) not later than 180 days after the swearing in of the
Board members, begin reviewing of missing Armed Forces and
civilian personnel records, as necessary, under this
subtitle.
(b) Determination of the Review Board.--
(1) In general.--The Review Board shall direct that all
records that relate, directly or indirectly, to the loss,
fate, or status of missing Armed Forces and civilian
personnel be transmitted to the Archivist and disclosed to
the public in the Collection in the absence of clear and
convincing evidence that the record is not a missing Armed
Forces and civilian personnel record.
(2) Postponement.--In approving postponement of public
disclosure of a missing Armed Forces and civilian personnel
record, or information within a missing Armed Forces and
civilian personnel record, the Review Board shall seek to--
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of the missing Armed Forces and
civilian personnel record; and
(B) determine, in consultation with the originating body
and consistent with the standards for postponement under this
subtitle, which of the following alternative forms of
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a
missing Armed Forces and civilian personnel record.
(ii) A substitute record for that information which is
postponed.
[[Page S4697]]
(iii) A summary of a missing Armed Forces and civilian
personnel record.
(3) Reporting.--With respect to a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which is postponed under this subtitle, or for
which only substitutions or summaries have been disclosed to
the public, the Review Board shall create and transmit to the
Archivist an unclassified and publicly releasable report
containing--
(A) a description of actions by the Review Board, the
originating body, or any Government office (including a
justification of any such action to postpone disclosure of
any record or part of any record) and of any official
proceedings conducted by the Review Board; and
(B) a statement, based on a review of the proceedings and
in conformity with the decisions reflected therein,
designating a recommended specified time at which, or a
specified occurrence following which, the material may be
appropriately disclosed to the public under this subtitle,
which the Review Board shall disclose to the public with
notice thereof, reasonably calculated to make interested
members of the public aware of the existence of the
statement.
(4) Actions after determination.--
(A) In general.--Not later than 30 days after the date of a
determination by the Review Board that a missing Armed Forces
and civilian personnel record shall be publicly disclosed in
the Collection or postponed for disclosure and held in the
protected Collection, the Review Board shall notify the head
of the originating body of the determination and highlight
and make available the determination on a publicly accessible
website reasonably calculated to make interested members of
the public aware of the existence of the determination.
(B) Oversight notice.--Simultaneous with notice under
subparagraph (A), the Review Board shall provide notice of a
determination concerning the public disclosure or
postponement of disclosure of a missing Armed Forces and
civilian personnel record, or information contained within a
missing Armed Forces and civilian personnel record, which
shall include a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards in section
1096 to the President, to the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives.
(5) Referral after termination.--A missing Armed Forces and
civilian personnel record that is identified, located, or
otherwise discovered after the date on which the Review Board
terminates shall be transmitted to the Archivist for the
Collection and referred to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives for review, ongoing oversight and, as
warranted, referral for possible enforcement action relating
to a violation of this subtitle and determination as to
whether declassification of the missing Armed Forces and
civilian personnel is warranted under this subtitle.
(c) Notice to Public.--Every 30 days, beginning on the date
that is 60 days after the date on which the Review Board
first approves the postponement of disclosure of a missing
Armed Forces and civilian personnel record, the Review Board
shall highlight and make accessible on a publicly available
website reasonably calculated to make interested members of
the public aware of the existence of the postponement a
notice that summarizes the postponements approved by the
Review Board, including a description of the subject,
originating body, length or other physical description, and
each ground for postponement that is relied upon.
(d) Reports by the Review Board.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter until the
Review Board terminates, the Review Board shall submit a
report regarding the activities of the Review Board to--
(A) the Committee on Oversight and Reform of the House of
Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the President;
(D) the Archivist; and
(E) the head of any Government office the records of which
have been the subject of Review Board activity.
(2) Contents.--Each report under paragraph (1) shall
include the following information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
employees.
(B) The progress made on review, transmission to the
Archivist, and public disclosure of missing Armed Forces and
civilian personnel records.
(C) The estimated time and volume of missing Armed Forces
and civilian personnel records involved in the completion of
the duties of the Review Board under this subtitle.
(D) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to carry out its duties under
this subtitle.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized under this subtitle, and a record of the
volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional
legislative authority needs.
(G) An appendix containing copies of reports relating to
postponed records submitted to the Archivist under subsection
(b)(3) since the end of the period covered by the most recent
report under paragraph (1).
(3) Termination notice.--Not later than 90 days before the
Review Board expects to complete the work of the Review Board
under this subtitle, the Review Board shall provide written
notice to Congress of the intent of the Review Board to
terminate operations at a specified date.
SEC. 1099F. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) In general.--The Review Board may request the Attorney
General to petition any court of the United States or of a
foreign country to release any information relevant to the
loss, fate, or status of missing Armed Forces and civilian
personnel that is held under seal of the court.
(2) Grand jury information.--
(A) In general.--The Review Board may request the Attorney
General to petition any court of the United States to release
any information relevant to loss, fate, or status of missing
Armed Forces and civilian personnel that is held under the
injunction of secrecy of a grand jury.
(B) Treatment.--A request for disclosure of missing Armed
Forces and civilian personnel materials under this subtitle
shall be deemed to constitute a showing of particularized
need under rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should--
(A) contact the Governments of the Russian Federation, the
People's Republic of China, and the Democratic People's
Republic of Korea to seek the disclosure of all records in
their respective custody, possession, or control relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel; and
(B) contact any other foreign government that may hold
information relevant to the loss, fate, or status of missing
Armed Forces and civilian personnel, and seek disclosure of
such information; and
(3) all agencies should cooperate in full with the Review
Board to seek the disclosure of all information relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel consistent with the public interest.
SEC. 1099G. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this subtitle requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other law
(except section 6103 of the Internal Revenue Code of 1986),
judicial decision construing such law, or common law doctrine
that would otherwise prohibit such transmission or
disclosure, with the exception of deeds governing access to
or transfer or release of gifts and donations of records to
the United States Government.
(b) Freedom of Information Act.--Nothing in this subtitle
shall be construed to eliminate or limit any right to file
requests with any Executive agency or seek judicial review of
the decisions under section 552 of title 5, United States
Code.
(c) Judicial Review.--Nothing in this subtitle shall be
construed to preclude judicial review under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this subtitle.
(d) Existing Authority.--Nothing in this subtitle revokes
or limits the existing authority of the President, any
Executive agency, the Senate, or the House of
Representatives, or any other entity of the Government to
publicly disclose records in its custody, possession, or
control.
(e) Rules of the Senate and House of Representatives.--To
the extent that any provision of this subtitle establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
SEC. 1099H. REQUESTS FOR EXTENSIONS.
The head of a Government office required to comply with a
deadline under this subtitle that is based off the
confirmation date of the members of the Missing Armed Forces
and Civilian Personnel Records Review Board may request an
extension from the Board for good cause. If the Board agrees
to the request, the deadline applicable to the Government
office for the purpose of such requirement shall be such
later date as the Board may determine appropriate.
SEC. 1099I. TERMINATION OF EFFECT OF SUBTITLE.
(a) Provisions Pertaining to the Review Board.--The
provisions of this subtitle that
[[Page S4698]]
pertain to the appointment and operation of the Review Board
shall cease to be effective when the Review Board and the
terms of its members have terminated under section 1099C(o).
(b) Other Provisions.--The remaining provisions of this
subtitle shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
missing Armed Forces and civilian personnel records have been
made available to the public in accordance with this
subtitle.
SEC. 1099J. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle, to remain available
until expended.
SEC. 1099K. SEVERABILITY.
If any provision of this subtitle, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this subtitle and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
______
SA 2360. Mr. CRAPO (for himself, Mr. Tester, Mr. Risch, Mr. Daines,
Mr. Hawley, Ms. Murkowski, Mrs. Capito, Mr. Cramer, Mr. Boozman, Mrs.
Blackburn, Ms. Collins, Mr. Cotton, Mr. Scott of Florida, Mr. Moran,
Mr. Blumenthal, Mr. King, Mr. Merkley, Mr. Welch, Mr. Brown, Mr.
Cardin, Mr. Fetterman, Ms. Smith, Mr. Van Hollen, Mrs. Murray, Ms.
Stabenow, Mr. Whitehouse, Ms. Hirono, Mr. Padilla, Ms. Duckworth, Mr.
Casey, Mr. Hickenlooper, Mr. Coons, Ms. Rosen, Mrs. Gillibrand, Mr.
Ossoff, Mr. Wyden, Mr. Bennet, Mr. Warnock, Ms. Warren, Ms. Klobuchar,
Mr. Warner, Mr. Peters, Ms. Cortez Masto, Ms. Baldwin, Mr. Kelly, Mr.
Lujan, Mr. Rounds, Mr. Cruz, Mr. Barrasso, Mr. Vance, Mr. Ricketts,
Mrs. Shaheen, Mrs. Hyde-Smith, Mr. Booker, Mr. Hoeven, Mr. Rubio, and
Mrs. Fischer) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, insert the following:
SEC. 630. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN
20 YEARS OF SERVICE AND A COMBAT-RELATED
DISABILITY FOR CONCURRENT RECEIPT OF VETERANS'
DISABILITY COMPENSATION AND RETIRED PAY.
(a) Concurrent Receipt in Connection With CSRC.--Section
1413a(b)(3)(B) of title 10, United States Code, is amended by
striking ``creditable service,'' and all that follows and
inserting the following: ``creditable service--
``(i) the retired pay of the retiree is not subject to
reduction under sections 5304 and 5305 of title 38; and
``(ii) no monthly amount shall be paid the retiree under
subsection (a).''.
(b) Concurrent Receipt Generally.--Section 1414(b)(2) of
title 10, United States Code, is amended by striking
``Subsection (a)'' and all that follows and inserting the
following: ``Subsection (a)--
``(A) applies to a member described in paragraph (1) of
that subsection who is retired under chapter 61 of this title
with less than 20 years of service otherwise creditable under
chapter 1405 of this title, or with less than 20 years of
service computed under section 12732 of this title, at the
time of the member's retirement if the member has a combat-
related disability (as that term is defined in section
1413a(e) of this title), except that in the application of
subsection (a) to such a member, any reference in that
subsection to a qualifying service-connected disability shall
be deemed to be a reference to that combat-related
disability; but
``(B) does not apply to any member so retired if the member
does not have a combat-related disability.''.
(c) Technical and Conforming Amendments.--
(1) Amendments reflecting end of concurrent receipt phase-
in period.--Section 1414 of title 10, United States Code, is
further amended--
(A) in subsection (a)(1)--
(i) by striking the second sentence; and
(ii) by striking subparagraphs (A) and (B);
(B) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(C) in subsection (d), as redesignated, by striking
paragraphs (3) and (4).
(2) Section heading.--The heading of such section 1414 is
amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
receipt''.
(3) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item relating to section 1414 and inserting the following
new item:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent receipt.''.
(4) Conforming amendment.--Section 1413a(f) of such title
is amended by striking ``Subsection (d)'' and inserting
``Subsection (c)''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month
beginning after the date of the enactment of this Act and
shall apply to payments for months beginning on or after that
date.
______
SA 2361. Mr. CRAPO (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. CAPITALIZATION ASSISTANCE TO ENHANCE LIQUIDITY.
(a) In General.--Section 113 of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4712) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Assistance.--
``(1) In general.--The Fund may provide funds to
organizations for the purpose of--
``(A) purchasing loans, loan participations, or interests
therein from community development financial institutions;
``(B) providing guarantees, loan loss reserves, or other
forms of credit enhancement to promote liquidity for
community development financial institutions; and
``(C) otherwise enhancing the liquidity of community
development financial institutions.
``(2) Construction of federal government funds.--For
purposes of this subsection, notwithstanding section
105(a)(9) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(9)), funds provided pursuant to such
Act shall be considered to be Federal Government funds.'';
(2) by striking subsection (b) and inserting the following:
``(b) Selection.--
``(1) In general.--The selection of organizations to
receive assistance and the amount of assistance to be
provided to any organization under this section shall be at
the discretion of the Fund and in accordance with criteria
established by the Fund.
``(2) Eligibility.--Organizations eligible to receive
assistance under this section--
``(A) shall have a primary purpose of promoting community
development; and
``(B) are not required to be community development
financial institutions.
``(3) Prioritization.--For the purpose of making an award
of funds under this section, the Fund shall prioritize the
selection of organizations that--
``(A) demonstrate relevant experience or an ability to
carry out the activities under this section, including
experience leading or participating in loan purchase
structures or purchasing or participating in the purchase of,
assigning, or otherwise transferring, assets from community
development financial institutions;
``(B) demonstrate the capacity to increase the number or
dollar volume of loan originations or expand the products or
services of community development financial institutions,
including by leveraging the award with private capital; and
``(C) will use the funds to support community development
financial institutions that represent broad geographic
coverage or that serve borrowers that have experienced
significant unmet capital or financial services needs.'';
(3) in subsection (c), in the first sentence--
(A) by striking ``$5,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``during any 3-year period''; and
(4) by adding at the end the following:
``(g) Regulations.--The Secretary may promulgate such
regulations as may be necessary or appropriate to carry out
the authorities or purposes of this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary $100,000,000
to carry out this section, including to carry out a study on
the options to increase community development financial
institution liquidity and secondary market opportunities.''.
(b) Emergency Capital Investment Funds.--Section 104A of
the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4703a) is amended by striking
subsection (l) and inserting the following:
``(l) Deposit of Funds.--All funds received by the
Secretary in connection with purchases made pursuant this
section, including interest payments, dividend payments, and
proceeds from the sale of any financial instrument, shall be
deposited into the Fund and used--
``(1) to provide financial assistance to organizations
pursuant to section 113; and
``(2) to provide financial and technical assistance
pursuant to section 108, except that subsection (e) of that
section shall be waived.''.
[[Page S4699]]
(c) Annual Reports.--
(1) Definitions.--In this subsection, the terms ``community
development financial institution'' and ``Fund'' have the
meanings given the terms in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
(12 U.S.C. 4702).
(2) Requirements.--Not later than 1 year after the date on
which assistance is first provided under section 113 of the
Community Development Banking and Financial Institutions Act
of 1994 (12 U.S.C. 4712) pursuant to the amendments made by
subsection (a) of this section, and annually thereafter
through 2028, the Secretary of the Treasury shall submit to
Congress a written report describing the use of the Fund for
the 1-year period preceding the submission of the report for
the purposes described in subsection (a)(1) of such section
113, as amended by subsection (a) of this section, which
shall include, with respect to the period covered by the
report--
(A) the total amount of--
(i) loans, loan participations, and interests therein
purchased from community development financial institutions;
and
(ii) guarantees, loan loss reserves, and other forms of
credit enhancement provided to community development
financial institutions;
(B) the effect of the purchases and guarantees made by the
Fund on the overall competitiveness of community development
financial institutions; and
(C) the impact of the purchases and guarantees made by the
Fund on the liquidity of community development financial
institutions.
______
SA 2362. Mr. CRAMER (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SECURE NOTARIZATIONS.
(a) Short Title.--This section may be cited as the
``Securing and Enabling Commerce Using Remote and Electronic
Notarization Act of 2024''.
(b) Definitions.--In this section:
(1) Communication technology.--The term ``communication
technology'', with respect to a notarization, means an
electronic device or process that allows the notary public
performing the notarization and a remotely located individual
to communicate with each other simultaneously by sight and
sound during the notarization.
(2) Electronic; electronic record; electronic signature;
information; person; record.--The terms ``electronic'',
``electronic record'', ``electronic signature'',
``information'', ``person'', and ``record'' have the meanings
given those terms in section 106 of the Electronic Signatures
in Global and National Commerce Act (15 U.S.C. 7006).
(3) Law.--The term ``law'' includes any statute,
regulation, rule, or rule of law.
(4) Notarial officer.--The term ``notarial officer''
means--
(A) a notary public; or
(B) any other individual authorized to perform a
notarization under the laws of a State without a commission
or appointment as a notary public.
(5) Notarial officer's state; notary public's state.--The
term ``notarial officer's State'' or ``notary public's
State'' means the State in which a notarial officer, or a
notary public, as applicable, is authorized to perform a
notarization.
(6) Notarization.--The term ``notarization''--
(A) means any act that a notarial officer may perform
under--
(i) Federal law, including this section; or
(ii) the laws of the notarial officer's State; and
(B) includes any act described in subparagraph (A) and
performed by a notarial officer--
(i) with respect to--
(I) a tangible record; or
(II) an electronic record; and
(ii) for--
(I) an individual in the physical presence of the notarial
officer; or
(II) a remotely located individual.
(7) Notary public.--The term ``notary public'' means an
individual commissioned or appointed as a notary public to
perform a notarization under the laws of a State.
(8) Personal knowledge.--The term ``personal knowledge'',
with respect to the identity of an individual, means
knowledge of the identity of the individual through dealings
sufficient to provide reasonable certainty that the
individual has the identity claimed.
(9) Remotely located individual.--The term ``remotely
located individual'', with respect to a notarization, means
an individual who is not in the physical presence of the
notarial officer performing the notarization.
(10) Requirement.--The term ``requirement'' includes a
duty, a standard of care, and a prohibition.
(11) Signature.--The term ``signature'' means--
(A) an electronic signature; or
(B) a tangible symbol executed or adopted by a person and
evidencing the present intent to authenticate or adopt a
record.
(12) Simultaneously.--The term ``simultaneously'', with
respect to a communication between parties--
(A) means that each party communicates substantially
simultaneously and without unreasonable interruption or
disconnection; and
(B) includes any reasonably short delay that is inherent
in, or common with respect to, the method used for the
communication.
(13) State.--The term ``State''--
(A) means--
(i) any State of the United States;
(ii) the District of Columbia;
(iii) the Commonwealth of Puerto Rico;
(iv) any territory or possession of the United States; and
(v) any federally recognized Indian Tribe; and
(B) includes any executive, legislative, or judicial
agency, court, department, board, office, clerk, recorder,
register, registrar, commission, authority, institution,
instrumentality, county, municipality, or other political
subdivision of an entity described in any of clauses (i)
through (v) of subparagraph (A).
(c) Authorization to Perform and Minimum Standards for
Electronic Notarization.--
(1) Authorization.--Unless prohibited under subsection (j),
and subject to paragraph (2), a notary public may perform a
notarization that occurs in or affects interstate commerce
with respect to an electronic record.
(2) Requirements of electronic notarization.--If a notary
public performs a notarization under paragraph (1), the
following requirements shall apply with respect to the
notarization:
(A) The electronic signature of the notary public, and all
other information required to be included under other
applicable law, shall be attached to or logically associated
with the electronic record.
(B) The electronic signature and other information
described in subparagraph (A) shall be bound to the
electronic record in a manner that renders any subsequent
change or modification to the electronic record evident.
(d) Authorization to Perform and Minimum Standards for
Remote Notarization.--
(1) Authorization.--Unless prohibited under subsection (j),
and subject to paragraph (2), a notary public may perform a
notarization that occurs in or affects interstate commerce
for a remotely located individual.
(2) Requirements of remote notarization.--If a notary
public performs a notarization under paragraph (1), the
following requirements shall apply with respect to the
notarization:
(A) The remotely located individual shall appear personally
before the notary public at the time of the notarization by
using communication technology.
(B) The notary public shall--
(i) reasonably identify the remotely located individual--
(I) through personal knowledge of the identity of the
remotely located individual; or
(II) by obtaining satisfactory evidence of the identity of
the remotely located individual by--
(aa) using not fewer than 2 distinct types of processes or
services through which a third person provides a means to
verify the identity of the remotely located individual
through a review of public or private data sources; or
(bb) oath or affirmation of a credible witness who either
is in the physical presence of the notary public or the
remotely located individual or appears personally before the
notary public and the remotely located individual by using
communication technology, has personal knowledge of the
identity of the remotely located individual, and has been
identified by the notary public under subclause (I) or item
(aa) of this subclause;
(ii) either directly or through an agent--
(I) create an audio and visual recording of the performance
of the notarization; and
(II) notwithstanding any resignation from, or revocation,
suspension, or termination of, the notary public's commission
or appointment, retain the recording created under subclause
(I) as a notarial record--
(aa) for a period of not less than--
(AA) if an applicable law of the notary public's State
specifies a period of retention, the greater of--
(BB) that specified period; or
(CC) 5 years after the date on which the recording is
created; or
(DD) if no applicable law of the notary public's State
specifies a period of retention, 10 years after the date on
which the recording is created; and
(bb) if any applicable law of the notary public's State
govern the content, manner or place of retention, security,
use, effect, or disclosure of such recording or any
information contained in the recording, in accordance with
those laws; and
(iii) if the notarization is performed with respect to a
tangible or electronic record, take reasonable steps to
confirm that the record before the notary public is the same
record with respect to which the remotely located individual
made a statement or on which the individual executed a
signature.
(C) If a guardian, conservator, executor, personal
representative, administrator, or similar fiduciary or
successor is appointed
[[Page S4700]]
for or on behalf of a notary public or a deceased notary
public under applicable law, that person shall retain the
recording under subparagraph (B)(ii)(II), unless--
(i) another person is obligated to retain the recording
under applicable law of the notary public's State; or
(ii)(I) under applicable law of the notary public's State,
that person may transmit the recording to an office, archive,
or repository approved or designated by the State; and
(II) that person transmits the recording to the office,
archive, or repository described in subclause (I) in
accordance with applicable law of the notary public's State.
(D) If the remotely located individual is physically
located outside the geographic boundaries of a State, or is
otherwise physically located in a location that is not
subject to the jurisdiction of the United States, at the time
of the notarization--
(i) the record shall--
(I) be intended for filing with, or relate to a matter
before, a court, governmental entity, public official, or
other entity that is subject to the jurisdiction of the
United States; or
(II) involve property located in the territorial
jurisdiction of the United States or a transaction
substantially connected to the United States; and
(ii) the act of making the statement or signing the record
may not be prohibited by a law of the jurisdiction in which
the individual is physically located.
(3) Personal appearance satisfied.--If a State or Federal
law requires an individual to appear personally before or be
in the physical presence of a notary public at the time of a
notarization, that requirement shall be considered to be
satisfied if--
(A) the individual--
(i) is a remotely located individual; and
(ii) appears personally before the notary public at the
time of the notarization by using communication technology;
and
(B)(i) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notary
public's State; or
(ii) the notarization occurs in or affects interstate
commerce.
(e) Recognition of Notarizations in Federal Court.--
(1) Recognition of validity.--Each court of the United
States shall recognize as valid under the State or Federal
law applicable in a judicial proceeding before the court any
notarization performed by a notarial officer of any State if
the notarization is valid under the laws of the notarial
officer's State or under this section.
(2) Legal effect of recognized notarization.--A
notarization recognized under paragraph (1) shall have the
same effect under the State or Federal law applicable in the
applicable judicial proceeding as if that notarization was
validly performed--
(A)(i) by a notarial officer of the State, the law of which
is applicable in the proceeding; or
(ii) under this section or other Federal law; and
(B) without regard to whether the notarization was
performed--
(i) with respect to--
(I) a tangible record; or
(II) an electronic record; or
(ii) for--
(I) an individual in the physical presence of the notarial
officer; or
(II) a remotely located individual.
(3) Presumption of genuineness.--In a determination of the
validity of a notarization for the purposes of paragraph (1),
the signature and title of an individual performing the
notarization shall be prima facie evidence in any court of
the United States that the signature of the individual is
genuine and that the individual holds the designated title.
(4) Conclusive evidence of authority.--In a determination
of the validity of a notarization for the purposes of
paragraph (1), the signature and title of the following
notarial officers of a State shall conclusively establish the
authority of the officer to perform the notarization:
(A) A notary public of that State.
(B) A judge, clerk, or deputy clerk of a court of that
State.
(f) Recognition by State of Notarizations Performed Under
Authority of Another State.--
(1) Recognition of validity.--Each State shall recognize as
valid under the laws of that State any notarization performed
by a notarial officer of any other State if--
(A) the notarization is valid under the laws of the
notarial officer's State or under this section; and
(B)(i) the notarization was performed under or relates to a
public act, record, or judicial proceeding of the notarial
officer's State; or
(ii) the notarization occurs in or affects interstate
commerce.
(2) Legal effect of recognized notarization.--A
notarization recognized under paragraph (1) shall have the
same effect under the laws of the recognizing State as if
that notarization was validly performed by a notarial officer
of the recognizing State, without regard to whether the
notarization was performed--
(A) with respect to--
(i) a tangible record; or
(ii) an electronic record; or
(B) for--
(i) an individual in the physical presence of the notarial
officer; or
(ii) a remotely located individual.
(3) Presumption of genuineness.--In a determination of the
validity of a notarization for the purposes of paragraph (1),
the signature and title of an individual performing a
notarization shall be prima facie evidence in any State court
or judicial proceeding that the signature is genuine and that
the individual holds the designated title.
(4) Conclusive evidence of authority.--In a determination
of the validity of a notarization for the purposes of
paragraph (1), the signature and title of the following
notarial officers of a State conclusively establish the
authority of the officer to perform the notarization:
(A) A notary public of that State.
(B) A judge, clerk, or deputy clerk of a court of that
State.
(g) Electronic and Remote Notarization Not Required.--
Nothing in this section may be construed to require a notary
public to perform a notarization--
(1) with respect to an electronic record;
(2) for a remotely located individual; or
(3) using a technology that the notary public has not
selected.
(h) Validity of Notarizations; Rights of Aggrieved Persons
Not Affected; State Laws on the Practice of Law Not
Affected.--
(1) Validity not affected.--The failure of a notary public
to meet a requirement under subsection (c) or (d) in the
performance of a notarization, or the failure of a
notarization to conform to a requirement under subsection (c)
or (d), shall not invalidate or impair the recognition of the
notarization.
(2) Rights of aggrieved persons.--The validity and
recognition of a notarization under this section may not be
construed to prevent an aggrieved person from seeking to
invalidate a record or transaction that is the subject of a
notarization or from seeking other remedies based on State or
Federal law other than this section for any reason not
specified in this section, including on the basis--
(A) that a person did not, with present intent to
authenticate or adopt a record, execute a signature on the
record;
(B) that an individual was incompetent, lacked authority or
capacity to authenticate or adopt a record, or did not
knowingly and voluntarily authenticate or adopt a record; or
(C) of fraud, forgery, mistake, misrepresentation,
impersonation, duress, undue influence, or other invalidating
cause.
(3) Rule of construction.--Nothing in this section may be
construed to affect a State law governing, authorizing, or
prohibiting the practice of law.
(i) Exception to Preemption.--
(1) In general.--A State law may modify, limit, or
supersede the provisions of subsection (c), or paragraph (1)
or (2) of subsection (d), with respect to State law only if
that State law--
(A) either--
(i) constitutes an enactment or adoption of the Revised
Uniform Law on Notarial Acts, as approved and recommended for
enactment in all the States by the National Conference of
Commissioners on Uniform State Laws in 2018, except that a
modification to such Law enacted or adopted by a State shall
be preempted to the extent such modification--
(I) is inconsistent with a provision of subsection (c), or
paragraph (1) or (2) of subsection (d), as applicable; or
(II) would not be permitted under clause (ii); or
(ii) specifies additional or alternative procedures or
requirements for the performance of notarizations with
respect to electronic records or for remotely located
individuals, if those additional or alternative procedures or
requirements--
(I) are consistent with subsection (c), or paragraph (1) or
(2) of subsection (d); and
(II) do not accord greater legal effect to the
implementation or application of a specific technology or
technical specification for performing those notarizations;
and
(B) requires the retention of an audio and visual recording
of the performance of a notarization for a remotely located
individual for a period of not less than 5 years after the
recording is created.
(2) Rule of construction.--Nothing in subsection (e) or (f)
may be construed to preclude the recognition of a
notarization under applicable State law, regardless of
whether such State law is consistent with subsection (e) or
(f).
(j) Standard of Care; Special Notarial Commissions; False
Advertising.--
(1) State standards of care; authority of state regulatory
officials.--Nothing in this section may be construed to
prevent a State, or a notarial regulatory official of a
State, from--
(A) adopting a requirement in this section as a duty or
standard of care under the laws of that State or sanctioning
a notary public for breach of such a duty or standard of
care;
(B) establishing requirements and qualifications for, or
denying, refusing to renew, revoking, suspending, or imposing
a condition on, a commission or appointment as a notary
public;
(C) creating or designating a class or type of commission
or appointment, or requiring an endorsement or other
authorization to be received by a notary public, as a
condition on the authority to perform notarizations with
respect to electronic records or for remotely located
individuals; or
(D) prohibiting a notary public from performing a
notarization under subsection (c) or (d) as a sanction for a
breach of duty or standard of care or for official
misconduct.
[[Page S4701]]
(2) Special commissions or authorizations created by a
state; sanction for breach or official misconduct; false
advertising.--A notary public may not perform a notarization
under subsection (c) or (d) if any of the following applies:
(A) The notary public's State has enacted a law that
creates or designates a class or type of commission or
appointment, or requires an endorsement or other
authorization to be received by a notary public, as a
condition on the authority to perform notarizations with
respect to electronic records or for remotely located
individuals, and--
(i) the commission or appointment of the notary public is
not of that class or type; or
(ii) the notary public has not received the endorsement or
other authorization.
(B) The notarial regulatory official of the notary public's
State has prohibited the notary public from performing the
notarization as a sanction for a breach of duty or standard
of care or for official misconduct.
(C)(i) The notary public has engaged in false or deceptive
advertising.
(ii) For the purposes of clause (i), a notary public shall
be considered to have engaged in false or deceptive
advertising if the notary public (unless the notary public is
an attorney licensed to practice law in a State)--
(I) uses the term ``notario'' or ``notario publico''; or
(II) states or represents in a record offering commercial
notarial services that the notary public is authorized to--
(aa) assist in drafting legal records, give legal advice,
or otherwise practice law;
(bb) act as an immigration consultant or an expert on
matters pertaining to immigration;
(cc) represent a person in a judicial or administrative
proceeding relating to immigration to the United States,
United States citizenship, or related matters; or
(dd) receive compensation for performing any activity
described in this clause.
(iii) For the purposes of a notarization performed by a
notary public under subsection (d) for a remotely located
individual, if a record executed by the remotely located
individual attests that the notary public disclosed to the
individual the prohibitions under this subparagraph, and that
the notary public did not make any statement or
representation in violation of this subparagraph, that record
shall conclusively establish compliance by the notary public
with the requirements of this subparagraph, as of the date on
which the individual executes that record.
(k) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is held to be invalid or unconstitutional, the remainder of
this section and the application of the provisions thereof to
other persons or circumstances shall not be affected by that
holding.
______
SA 2363. Mr. ROUNDS (for himself, Mr. Manchin, and Mrs. Gillibrand)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
Strike section 1085 and insert the following:
SEC. 1085. HOMELAND DEFENSE PLANNING REQUIREMENTS.
(a) Report on At-risk Critical Infrastructure and Assets.--
Not later than February 15, 2025, the Assistant Secretary of
Defense for Strategy, Plans, and Capabilities, in
consultation with the Commander of the United States Cyber
Command, the Assistant Secretary of Defense for Homeland
Defense and Hemispheric Affairs, the Director of the Defense
Intelligence Agency, and the heads of relevant civilian
agencies, shall submit to the designated recipients and the
Commander of the United States Northern Command a detailed
list of the critical infrastructure and assets in the United
States that are assessed to be likely targets of an attack,
including kinetic and non-kinetic attacks, in a major
conflict with an adversary.
(b) Report on Likely Requests for Support.--Not later than
April 15, 2025, in consultation with relevant civilian
agencies, the Assistant Secretary of Defense for Homeland
Defense and Hemispheric Affairs, and the Assistant Secretary
of Defense for Strategy, Plans, and Capabilities shall submit
to the designated recipients a report identifying and
assessing the foreseeable requests for support from civilian
agencies responsible for the defense of the critical
infrastructure and assets detailed in the report submitted
under subsection (a). The report shall include--
(1) each agency likely to request support;
(2) the existing capabilities of each agency to respond to
and defend against a prospective attack;
(3) the specific capabilities requested, and an estimate of
the number of Department of Defense personnel that would be
required to provide those capabilities;
(4) an estimate of the cost for providing the requested
Department of Defense support; and
(5) an estimate of the duration of support that could be
provided in response to such requests, and an assessment of
whether such support could be provided in a protracted
scenario extending beyond 180 days.
(c) Feasibility Assessment.--Not later than June 1, 2025,
the Assistant Secretary of Defense for Strategy, Plans, and
Capabilities, in consultation with the Commander of the
United States Cyber Command, the Assistant Secretary of
Defense for Homeland Defense and Hemispheric Affairs, the
Commander of the United States Northern Command, and the
heads of relevant civilian agencies, shall submit to the
designated recipients a report assessing the feasibility of
providing support to the requests identified in the report
submitted under subsection (b). The assessment shall address
providing support to a request independently, concurrent with
other related requests, and consecutive with other requests.
(d) Designated Recipients Defined.--In this section, the
term ``designated recipients'' means--
(1) the Secretary of Defense;
(2) the Secretaries of the military departments;
(3) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(4) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
______
SA 2364. Mr. ROUNDS (for himself and Mr. King) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 529C. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.
(a) Additional Qualified Persons.--Section 504(b) of title
10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) A Dreamer student.''; and
(2) by adding at the end the following:
``(4) In this subsection, the term `Dreamer student' means
an individual who--
``(A) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(22)));
``(B) has continuously resided in the United States since
June 15, 2007; and
``(C)(i) has been granted Deferred Action Deferred Action
for Childhood Arrivals under the policy announced by the
Secretary of Homeland Security on June 15, 2012, or any
successor policy or regulation, and has not had such grant
terminated; and
``(ii) was younger than 17 years of age on the date on
which such individual initially entered the United States and
meets the minimum fitness and educational requirements
established by the Secretary of the Army, the Secretary of
the Navy, or the Secretary of the Air Force to become an
enlisted soldier, sailor, marine, airman, or guardian.''.
(b) Admission to Permanent Residence of Enlistees.--Section
504 of title 10, United States Code, as amended by subsection
(a), is further amended by adding at the end the following:
``(c) Admission to Permanent Residence of Certain
Enlistees.--(1) A person described in subsection (b)(1)(D)
who, at the time of enlistment in an armed force, is not a
citizen or other national of the United States or lawfully
admitted for permanent residence shall be adjusted to the
status of an alien lawfully admitted for permanent residence
under section 249 of the Immigration and Nationality Act (8
U.S.C. 1259), except that the alien need not--
``(A) establish that he or she entered the United States
prior to January 1, 1972; or
``(B) comply with section 212(e) of that Act (8 U.S.C.
1182(e)).
``(2) The Secretary of Homeland Security shall rescind the
lawful permanent resident status of a person whose status was
adjusted under paragraph (1) if the person is separated from
the armed forces under other than honorable conditions or
under an uncharacterized discharge before the person has
completed a first term of contracted service.
``(3) Nothing in this subsection may be construed to alter
the process prescribed by sections 328, 329, and 329A of the
Immigration and Nationality Act (8 U.S.C. 1439, 1440, 1440-1)
by which a person may naturalize through service in the armed
forces.''.
(c) Clerical Amendments.--
(1) Section heading.--Section 504 of title 10, United
States Code, as amended by this section, is further amended
in the section heading by inserting ``: citizenship or
residency requirements; exceptions'' after ``qualified''.
(2) Table of sections.--The table of sections at the
beginning of chapter 31 of title 10, United States Code, is
amended by striking the item relating to section 504 and
inserting the following:
``504. Persons not qualified: citizenship or residency requirements;
exceptions.''.
[[Page S4702]]
______
SA 2365. Mr. PETERS (for himself and Mr. Tillis) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--PREPARED FOR AI
SEC. __01. SHORT TITLE.
This title may be cited as the ``Promoting Responsible
Evaluation and Procurement to Advance Readiness for
Enterprise-wide Deployment for Artificial Intelligence Act''
or the ``PREPARED for AI Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) Adverse incident.--The term ``adverse incident'' means
any incident or malfunction of artificial intelligence that
directly or indirectly leads to--
(A) harm impacting rights or safety, as described in
section __07(a)(2)(D);
(B) the death of an individual or damage to the health of
an individual;
(C) material or irreversible disruption of the management
and operation of critical infrastructure, as described in
section __07(a)(2)(D)(i)(II)(cc);
(D) material damage to property or the environment;
(E) loss of a mission-critical system or equipment;
(F) failure of the mission of an agency;
(G) the denial of a benefit, payment, or other service to
an individual or group of individuals who would have
otherwise been eligible;
(H) the denial of an employment, contract, grant, or
similar opportunity that would have otherwise been offered;
or
(I) another consequence, as determined by the Director with
public notice.
(2) Agency.--The term ``agency''--
(A) has the meaning given that term in section 3502(1) of
title 44, United States Code; and
(B) includes each of the independent regulatory agencies
described in section 3502(5) of title 44, United States Code.
(3) Artificial intelligence.--The term ``artificial
intelligence''--
(A) has the meaning given that term in section 5002 of the
National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401); and
(B) includes the artificial systems and techniques
described in paragraphs (1) through (5) of section 238(g) of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note
prec.).
(4) Biometric data.--The term ``biometric data'' means data
resulting from specific technical processing relating to the
unique physical, physiological, or behavioral characteristics
of an individual, including facial images, dactyloscopic
data, physical movement and gait, breath, voice, DNA, blood
type, and expression of emotion, thought, or feeling.
(5) Commercial technology.--The term ``commercial
technology''--
(A) means a technology, process, or method, including
research or development; and
(B) includes commercial products, commercial services, and
other commercial items, as defined in the Federal Acquisition
Regulation, including any addition or update thereto by the
Federal Acquisition Regulatory Council.
(6) Council.--The term ``Council'' means the Chief
Artificial Intelligence Officers Council established under
section __05(a).
(7) Deployer.--The term ``deployer'' means an entity that
operates or provides artificial intelligence, whether
developed internally or by a third-party developer.
(8) Developer.--The term ``developer'' means an entity that
designs, codes, produces, or owns artificial intelligence.
(9) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(10) Impact assessment.--The term ``impact assessment''
means a structured process for considering the implications
of a proposed artificial intelligence use case.
(11) Operational design domain.--The term ``operational
design domain'' means a set of operating conditions for an
automated system.
(12) Procure or obtain.--The term ``procure or obtain''
means--
(A) to acquire through contract actions awarded pursuant to
the Federal Acquisition Regulation, including through
interagency agreements, multi-agency use, and purchase card
transactions;
(B) to acquire through contracts and agreements awarded
through other special procurement authorities, including
through other transactions and commercial solutions opening
authorities; or
(C) to obtain through other means, including through open
source platforms or freeware.
(13) Relevant congressional committees.--The term
``relevant congressional committees'' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives.
(14) Risk.--The term ``risk'' means the combination of the
probability of an occurrence of harm and the potential
severity of that harm.
(15) Use case.--The term ``use case'' means the ways and
context in which artificial intelligence is operated to
perform a specific function.
SEC. __03. IMPLEMENTATION OF REQUIREMENTS.
(a) Agency Implementation.--Not later than 1 year after the
date of enactment of this title, the Director shall ensure
that agencies have implemented the requirements of this
title.
(b) Annual Briefing.--Not later than 180 days after the
date of enactment of this title, and annually thereafter, the
Director shall brief the appropriate Congressional committees
on implementation of this title and related considerations.
SEC. __04. PROCUREMENT OF ARTIFICIAL INTELLIGENCE.
(a) Government-wide Requirements.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, the Federal Acquisition Regulatory
Council shall review Federal Acquisition Regulation
acquisition planning, source selection, and other
requirements and update the Federal Acquisition Regulation as
needed to ensure that agency procurement of artificial
intelligence includes--
(A) a requirement to address the outcomes of the risk
evaluation and impact assessments required under section
__08(a);
(B) a requirement for consultation with an
interdisciplinary team of agency experts prior to, and
throughout, as necessary, procuring or obtaining artificial
intelligence; and
(C) any other considerations determined relevant by the
Federal Acquisition Regulatory Council.
(2) Interdisciplinary team of experts.--The
interdisciplinary team of experts described in paragraph
(1)(B) may--
(A) vary depending on the use case and the risks determined
to be associated with the use case; and
(B) include technologists, information security personnel,
domain experts, privacy officers, data officers, civil rights
and civil liberties officers, contracting officials, legal
counsel, customer experience professionals, and others.
(3) Acquisition planning.--The acquisition planning updates
described in paragraph (1) shall include considerations for,
at minimum, as appropriate depending on the use case--
(A) data ownership and privacy;
(B) data information security;
(C) interoperability requirements;
(D) data and model assessment processes;
(E) scope of use;
(F) ongoing monitoring techniques;
(G) type and scope of artificial intelligence audits;
(H) environmental impact; and
(I) safety and security risk mitigation techniques,
including a plan for how adverse event reporting can be
incorporated, pursuant to section __05(g).
(b) Requirements for High Risk Use Cases.--
(1) In general.--
(A) Establishment.--Beginning on the date that is 1 year
after the date of enactment of this title, the head of an
agency may not procure or obtain artificial intelligence for
a high risk use case, as defined in section __07(a)(2)(D),
prior to establishing and incorporating certain terms into
relevant contracts, agreements, and employee guidelines for
artificial intelligence, including--
(i) a requirement that the use of the artificial
intelligence be limited to its operational design domain;
(ii) requirements for safety, security, and
trustworthiness, including--
(I) a reporting mechanism through which agency personnel
are notified by the deployer of any adverse incident;
(II) a requirement, in accordance with section __05(g),
that agency personnel receive from the deployer a
notification of any adverse incident, an explanation of the
cause of the adverse incident, and any data directly
connected to the adverse incident in order to address and
mitigate the harm; and
(III) that the agency has the right to temporarily or
permanently suspend use of the artificial intelligence if--
(aa) the risks of the artificial intelligence to rights or
safety become unacceptable, as determined under the agency
risk classification system pursuant to section __07; or
(bb) on or after the date that is 180 days after the
publication of the most recently updated version of the
framework developed and updated pursuant to section 22(A)(c)
of the National Institute of Standards and Technology Act (15
U.S.C. 278h-1(c)), the deployer is found not to comply with
such most recent update;
(iii) requirements for quality, relevance, sourcing and
ownership of data, as appropriate by use case, and applicable
unless the head of the agency waives such requirements in
writing, including--
(I) retention of rights to Government data and any
modification to the data including to protect the data from
unauthorized disclosure and use to subsequently train or
improve the functionality of commercial products offered by
the deployer, any relevant developers, or others; and
[[Page S4703]]
(II) a requirement that the deployer and any relevant
developers or other parties isolate Government data from all
other data, through physical separation, electronic
separation via secure copies with strict access controls, or
other computational isolation mechanisms;
(iv) requirements for evaluation and testing of artificial
intelligence based on use case, to be performed on an ongoing
basis; and
(v) requirements that the deployer and any relevant
developers provide documentation, as determined necessary and
requested by the agency, in accordance with section __08(b).
(B) Review.--The Senior Procurement Executive, in
coordination with the Chief Artificial Intelligence Officer,
shall consult with technologists, information security
personnel, domain experts, privacy officers, data officers,
civil rights and civil liberties officers, contracting
officials, legal counsel, customer experience professionals,
and other relevant agency officials to review the
requirements described in clauses (i) through (v) of
subparagraph (A) and determine whether it may be necessary to
incorporate additional requirements into relevant contracts
or agreements.
(C) Regulation.--The Federal Acquisition Regulatory Council
shall revise the Federal Acquisition Regulation as necessary
to implement the requirements of this subsection.
(2) Rules of construction.--This title shall supersede any
requirements that conflict with this title under the guidance
required to be produced by the Director pursuant to section
7224(d) of the Advancing American AI Act (40 U.S.C. 11301
note).
SEC. __05. INTERAGENCY GOVERNANCE OF ARTIFICIAL INTELLIGENCE.
(a) Chief Artificial Intelligence Officers Council.--Not
later than 60 days after the date of enactment of this title,
the Director shall establish a Chief Artificial Intelligence
Officers Council.
(b) Duties.--The duties of the Council shall include--
(1) coordinating agency development and use of artificial
intelligence in agency programs and operations, including
practices relating to the design, operation, risk management,
and performance of artificial intelligence;
(2) sharing experiences, ideas, best practices, and
innovative approaches relating to artificial intelligence;
and
(3) assisting the Director, as necessary, with respect to--
(A) the identification, development, and coordination of
multi-agency projects and other initiatives, including
initiatives to improve Government performance;
(B) the management of risks relating to developing,
obtaining, or using artificial intelligence, including by
developing a common template to guide agency Chief Artificial
Intelligence Officers in implementing a risk classification
system that may incorporate best practices, such as those
from--
(i) the most recently updated version of the framework
developed and updated pursuant to section 22A(c) of the
National Institute of Standards and Technology Act (15 U.S.C.
278h-1(c)); and
(ii) the report published by the Government Accountability
Office entitled ``Artificial Intelligence: An Accountability
Framework for Federal Agencies and Other Entities'' (GAO-21-
519SP), published on June 30, 2021;
(C) promoting the development and use of efficient,
effective, common, shared, or other approaches to key
processes that improve the delivery of services for the
public; and
(D) soliciting and providing perspectives on matters of
concern, including from and to--
(i) interagency councils;
(ii) Federal Government entities;
(iii) private sector, public sector, nonprofit, and
academic experts;
(iv) State, local, Tribal, territorial, and international
governments; and
(v) other individuals and entities, as determined relevant
by the Council.
(c) Membership of the Council.--
(1) Co-chairs.--The Council shall have 2 co-chairs, which
shall be--
(A) the Director; and
(B) an individual selected by a majority of the members of
the Council.
(2) Members.--Other members of the Council shall include--
(A) the Chief Artificial Intelligence Officer of each
agency; and
(B) the senior official for artificial intelligence of the
Office of Management and Budget.
(d) Standing Committees; Working Groups.--The Council shall
have the authority to establish standing committees,
including an executive committee, and working groups.
(e) Council Staff.--The Council may enter into an
interagency agreement with the Administrator of General
Services for shared services for the purpose of staffing the
Council.
(f) Development, Adaptation, and Documentation.--
(1) Guidance.--Not later than 90 days after the date of
enactment of this title, the Director, in consultation with
the Council, shall issue guidance relating to--
(A) developments in artificial intelligence and
implications for management of agency programs;
(B) the agency impact assessments described in section
__08(a) and other relevant impact assessments as determined
appropriate by the Director, including the appropriateness of
substituting pre-existing assessments, including privacy
impact assessments, for purposes of an artificial
intelligence impact assessment;
(C) documentation for agencies to require from deployers of
artificial intelligence;
(D) a model template for the explanations for use case risk
classifications that each agency must provide under section
__08(a)(4); and
(E) other matters, as determined relevant by the Director.
(2) Annual review.--The Director, in consultation with the
Council, shall periodically, but not less frequently than
annually, review and update, as needed, the guidelines issued
under paragraph (1).
(g) Incident Reporting.--
(1) In general.--Not later than 180 days after the date of
enactment of this title, the Director, in consultation with
the Council, shall develop procedures for ensuring that--
(A) adverse incidents involving artificial intelligence
procured, obtained, or used by agencies are reported promptly
to the agency by the developer or deployer, or to the
developer or deployer by the agency, whichever first becomes
aware of the adverse incident; and
(B) information relating to an adverse incident described
in subparagraph (A) is appropriately shared among agencies.
(2) Single report.--Adverse incidents also qualifying for
incident reporting under section 3554 of title 44, United
States Code, or other relevant laws or policies, may be
reported under such other reporting requirement and are not
required to be additionally reported under this subsection.
(3) Notice to deployer.--
(A) In general.--If an adverse incident is discovered by an
agency, the agency shall report the adverse incident to the
deployer and the deployer, in consultation with any relevant
developers, shall take immediate action to resolve the
adverse incident and mitigate the potential for future
adverse incidents.
(B) Waiver.--
(i) In general.--Unless otherwise required by law, the head
of an agency may issue a written waiver that waives the
applicability of some or all of the requirements under
subparagraph (A), with respect to a specific adverse
incident.
(ii) Written waiver contents.--A written waiver under
clause (i) shall include justification for the waiver.
(iii) Notice.--The head of an agency shall forward advance
notice of any waiver under this subparagraph to the Director,
or the designee of the Director.
SEC. __06. AGENCY GOVERNANCE OF ARTIFICIAL INTELLIGENCE.
(a) In General.--The head of an agency shall--
(1) ensure the responsible adoption of artificial
intelligence, including by--
(A) articulating a clear vision of what the head of the
agency wants to achieve by developing, procuring or
obtaining, or using artificial intelligence;
(B) ensuring the agency develops, procures, obtains, or
uses artificial intelligence that follows the principles of
trustworthy artificial intelligence in government set forth
under Executive Order 13960 (85 Fed. Reg. 78939; relating to
promoting the use of trustworthy artificial intelligence in
Federal Government) and the principles for safe, secure, and
trustworthy artificial intelligence in government set forth
under section 2 of Executive Order 14110 (88 Fed. Reg. 75191;
relating to the safe, secure, and trustworthy development and
use of artificial intelligence);
(C) testing, validating, and monitoring artificial
intelligence and the use case-specific performance of
artificial intelligence, among others, to--
(i) ensure all use of artificial intelligence is
appropriate to and improves the effectiveness of the mission
of the agency;
(ii) guard against bias in data collection, use, and
dissemination;
(iii) ensure reliability, fairness, and transparency; and
(iv) protect against impermissible discrimination;
(D) developing, adopting, and applying a suitable
enterprise risk management framework approach to artificial
intelligence, incorporating the requirements under this
title;
(E) continuing to develop a workforce that--
(i) understands the strengths and weaknesses of artificial
intelligence, including artificial intelligence embedded in
agency data systems and operations;
(ii) is aware of the benefits and risk of artificial
intelligence; and
(iii) is able to provide human oversight for the design,
implementation, and end uses of artificial intelligence; and
(iv) is able to review and provide redress for erroneous
decisions made in the course of artificial intelligence-
assisted processes; and
(F) ensuring implementation of the requirements under
section __08(a) for the identification and evaluation of
risks posed by the deployment of artificial intelligence in
agency use cases;
(2) designate a Chief Artificial Intelligence Officer,
whose duties shall include--
(A) ensuring appropriate use of artificial intelligence;
[[Page S4704]]
(B) coordinating agency use of artificial intelligence;
(C) promoting artificial intelligence innovation;
(D) managing the risks of use of artificial intelligence;
(E) supporting the head of the agency with developing the
risk classification system required under section __07(a) and
complying with other requirements of this title; and
(F) supporting agency personnel leading the procurement and
deployment of artificial intelligence to comply with the
requirements under this title; and
(3) form and convene an Artificial Intelligence Governance
Board, as described in subsection (b), which shall coordinate
and govern artificial intelligence issues across the agency.
(b) Artificial Intelligence Governance Board.--
(1) Leadership.--Each Artificial Intelligence Governance
Board (referred to in this subsection as ``Board'') of an
agency shall be chaired by the Deputy Secretary of the agency
or equivalent official and vice-chaired by the Chief
Artificial Intelligence Officer of the agency. Neither the
chair nor the vice-chair may assign or delegate these roles
to other officials.
(2) Representation.--The Board shall, at a minimum, include
representatives comprised of senior agency officials from
operational components, if relevant, program officials
responsible for implementing artificial intelligence, and
officials responsible for information technology, data,
privacy, civil rights and civil liberties, human capital,
procurement, finance, legal counsel, and customer experience.
(3) Existing bodies.--An agency may rely on an existing
governance body to fulfill the requirements of this
subsection if the body satisfies or is adjusted to satisfy
the leadership and representation requirements of paragraphs
(1) and (2).
(c) Designation of Chief Artificial Intelligence Officer.--
The head of an agency may designate as Chief Artificial
Intelligence Officer an existing official within the agency,
including the Chief Technology Officer, Chief Data Officer,
Chief Information Officer, or other official with relevant or
complementary authorities and responsibilities, if such
existing official has expertise in artificial intelligence
and meets the requirements of this section.
(d) Effective Date.--Beginning on the date that is 120 days
after the date of enactment of this title, an agency shall
not develop or procure or obtain artificial intelligence
prior to completing the requirements under paragraphs (2) and
(3) of subsection (a).
SEC. __07. AGENCY RISK CLASSIFICATION OF ARTIFICIAL
INTELLIGENCE USE CASES FOR PROCUREMENT AND USE.
(a) Risk Classification System.--
(1) Development.--The head of each agency shall be
responsible for developing, not later than 1 year after the
date of enactment of this title, a risk classification system
for agency use cases of artificial intelligence, without
respect to whether artificial intelligence is embedded in a
commercial product.
(2) Requirements.--
(A) Risk classifications.--The risk classification system
under paragraph (1) shall, at a minimum, include
unacceptable, high, medium, and low risk classifications.
(B) Factors for risk classifications.--In developing the
risk classifications under subparagraph (A), the head of the
agency shall consider the following:
(i) Mission and operation.--The mission and operations of
the agency.
(ii) Scale.--The seriousness and probability of adverse
impacts.
(iii) Scope.--The breadth of application, such as the
number of individuals affected.
(iv) Optionality.--The degree of choice that an individual,
group, or entity has as to whether to be subject to the
effects of artificial intelligence.
(v) Standards and frameworks.--Standards and frameworks for
risk classification of use cases that support democratic
values, such as the standards and frameworks developed by the
National Institute of Standards and Technology, the
International Standards Organization, and the Institute of
Electrical and Electronics Engineers.
(C) Classification variance.--
(i) Certain lower risk use cases.--The risk classification
system may allow for an operational use case to be
categorized under a lower risk classification, even if the
use case is a part of a larger area of the mission of the
agency that is categorized under a higher risk
classification.
(ii) Changes based on testing or new information.--The risk
classification system may allow for changes to the risk
classification of an artificial intelligence use case based
on the results from procurement process testing or other
information that becomes available.
(D) High risk use cases.--
(i) In general.--High risk classification shall, at a
minimum, apply to use cases for which the outputs of the
system--
(I) are presumed to serve as a principal basis for a
decision or action that has a legal, material, binding, or
similarly significant effect, with respect to an individual
or community, on--
(aa) civil rights, civil liberties, or privacy;
(bb) equal opportunities, including in access to education,
housing, insurance, credit, employment, and other programs
where civil rights and equal opportunity protections apply;
or
(cc) access to or the ability to apply for critical
government resources or services, including healthcare,
financial services, public housing, social services,
transportation, and essential goods and services; or
(II) are presumed to serve as a principal basis for a
decision that substantially impacts the safety of, or has the
potential to substantially impact the safety of--
(aa) the well-being of an individual or community,
including loss of life, serious injury, bodily harm,
biological or chemical harms, occupational hazards,
harassment or abuse, or mental health;
(bb) the environment, including irreversible or significant
environmental damage;
(cc) critical infrastructure, including the critical
infrastructure sectors defined in Presidential Policy
Directive 21, entitled ``Critical Infrastructure Security and
Resilience'' (dated February 12, 2013) (or any successor
directive) and the infrastructure for voting and protecting
the integrity of elections; or
(dd) strategic assets or resources, including high-value
property and information marked as sensitive or classified by
the Federal Government and controlled unclassified
information.
(ii) Additions.--The head of each agency shall add other
use cases to the high risk category, as appropriate.
(E) Medium and low risk use cases.--If a use case is not
high risk, as described in subparagraph (D), the head of an
agency shall have the discretion to define the risk
classification.
(F) Unacceptable risk.--If an agency identifies, through
testing, adverse incident, or other means or information
available to the agency, that a use or outcome of an
artificial intelligence use case is a clear threat to human
safety or rights that cannot be adequately or practicably
mitigated, the agency shall identify the risk classification
of that use case as unacceptable risk.
(3) Transparency.--The risk classification system under
paragraph (1) shall be published on a public-facing website,
with the methodology used to determine different risk levels
and examples of particular use cases for each category in
language that is easy to understand to the people affected by
the decisions and outcomes of artificial intelligence.
(b) Effective Date.--This section shall take effect on the
date that is 180 days after the date of enactment of this
title, on and after which an agency that has not complied
with the requirements of this section may not develop,
procure or obtain, or use artificial intelligence until the
agency complies with such requirements.
SEC. __08. AGENCY REQUIREMENTS FOR USE OF ARTIFICIAL
INTELLIGENCE.
(a) Risk Evaluation Process.--
(1) In general.--Not later than 180 days after the
effective date in section __07(b), the Chief Artificial
Intelligence Officer of each agency, in coordination with the
Artificial Intelligence Governance Board of the agency, shall
develop and implement a process for the identification and
evaluation of risks posed by the deployment of artificial
intelligence in agency use cases to ensure an
interdisciplinary and comprehensive evaluation of potential
risks and determination of risk classifications under such
section.
(2) Process requirements.--The risk evaluation process
described in paragraph (1), shall include, for each
artificial intelligence use case--
(A) identification of the risks and benefits of the
artificial intelligence use case;
(B) a plan to periodically review the artificial
intelligence use case to examine whether risks have changed
or evolved and to update the corresponding risk
classification as necessary;
(C) a determination of the need for targeted impact
assessments to further evaluate specific risks of the
artificial intelligence use case within certain impact areas,
which shall include privacy, security, civil rights and civil
liberties, accessibility, environmental impact, health and
safety, and any other impact area relating to high risk
classification under section __07(a)(2)(D) as determined
appropriate by the Chief Artificial Intelligence Officer; and
(D) if appropriate, consultation with and feedback from
affected communities and the public on the design,
development, and use of the artificial intelligence use case.
(3) Review.--
(A) Existing use cases.--With respect to each use case that
an agency is planning, developing, or using on the date of
enactment of this title, not later than 1 year after such
date, the Chief Artificial Intelligence Officer of the agency
shall identify and review the use case to determine the risk
classification of the use case, pursuant to the risk
evaluation process under paragraphs (1) and (2).
(B) New use cases.--
(i) In general.--Beginning on the date of enactment of this
title, the Chief Artificial Intelligence Officer of an agency
shall identify and review any artificial intelligence use
case that the agency will plan, develop, or use and determine
the risk classification of the use case, pursuant to the risk
evaluation process under paragraphs (1) and (2), before
procuring or obtaining, developing, or using the use case.
(ii) Development.--For any use case described in clause (i)
that is developed by the agency, the agency shall perform an
additional risk evaluation prior to deployment in a
production or operational environment.
[[Page S4705]]
(4) Rationale for risk classification.--Risk classification
of an artificial intelligence use case shall be accompanied
by an explanation from the agency of how the risk
classification was determined, which shall be included in the
artificial intelligence use case inventory of the agency, and
written referencing the model template developed by the
Director under section __05(f)(1)(D).
(b) Model Card Documentation Requirements.--
(1) In general.--Beginning on the date that is 180 days
after the date of enactment of this title, any time during
developing, procuring or obtaining, or using artificial
intelligence, an agency shall require, as determined
necessary by the Chief Artificial Intelligence Officer, that
the deployer and any relevant developer submit documentation
about the artificial intelligence, including--
(A) a description of the architecture of the artificial
intelligence, highlighting key parameters, design choices,
and the machine learning techniques employed;
(B) information on the training of the artificial
intelligence, including computational resources utilized;
(C) an account of the source of the data, size of the data,
any licenses under which the data is used, collection methods
and dates of the data, and any preprocessing of the data
undertaken, including human or automated refinement, review,
or feedback;
(D) information on the management and collection of
personal data, outlining data protection and privacy measures
adhered to in compliance with applicable laws;
(E) a description of the methodologies used to evaluate the
performance of the artificial intelligence, including key
metrics and outcomes; and
(F) an estimate of the energy consumed by the artificial
intelligence during training and inference.
(2) Additional documentation for medium and high risk use
cases.--Beginning on the date that is 270 days after the date
of enactment of this title, with respect to use cases
categorized as medium risk or higher, an agency shall require
that the deployer of artificial intelligence, in consultation
with any relevant developers, submit (including proactively,
as material updates of the artificial intelligence occur) the
following documentation:
(A) Model architecture.--Detailed information on the model
or models used in the artificial intelligence, including
model date, model version, model type, key parameters
(including number of parameters), interpretability measures,
and maintenance and updating policies.
(B) Advanced training details.--A detailed description of
training algorithms, methodologies, optimization techniques,
computational resources, and the environmental impact of the
training process.
(C) Data provenance and integrity.--A detailed description
of the training and testing data, including the origins,
collection methods, preprocessing steps, and demographic
distribution of the data, and known discriminatory impacts
and mitigation measures with respect to the data.
(D) Privacy and data protection.--Detailed information on
data handling practices, including compliance with legal
standards, anonymization techniques, data security measures,
and whether and how permission for use of data is obtained.
(E) Rigorous testing and oversight.--A comprehensive
disclosure of performance evaluation metrics, including
accuracy, precision, recall, and fairness metrics, and test
dataset results.
(F) NIST artificial intelligence risk management
framework.--Documentation demonstrating compliance with the
most recently updated version of the framework developed and
updated pursuant to section 22A(c) of the National Institute
of Standards and Technology Act (15 U.S.C. 278h-1(c)).
(3) Review of requirements.--Not later than 1 year after
the date of enactment of this title, the Comptroller General
shall conduct a review of the documentation requirements
under paragraphs (1) and (2) to--
(A) examine whether agencies and deployers are complying
with the requirements under those paragraphs; and
(B) make findings and recommendations to further assist in
ensuring safe, responsible, and efficient artificial
intelligence.
(4) Security of provided documentation.--The head of each
agency shall ensure that appropriate security measures and
access controls are in place to protect documentation
provided pursuant to this section.
(c) Information and Use Protections.--Information provided
to an agency under subsection (b)(3) is exempt from
disclosure under section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'') and
may be used by the agency, consistent with otherwise
applicable provisions of Federal law, solely for--
(1) assessing the ability of artificial intelligence to
achieve the requirements and objectives of the agency and the
requirements of this title; and
(2) identifying--
(A) adverse effects of artificial intelligence on the
rights or safety factors identified in section __07(a)(2)(D);
(B) cyber threats, including the sources of the cyber
threats; and
(C) security vulnerabilities.
(d) Pre-deployment Requirements for High Risk Use Cases.--
Beginning on the date that is 1 year after the date of
enactment of this title, the head of an agency shall not
deploy or use artificial intelligence for a high risk use
case prior to--
(1) collecting documentation of the artificial
intelligence, source, and use case in agency software and use
case inventories;
(2) testing of the artificial intelligence in an
operational, real-world setting with privacy, civil rights,
and civil liberty safeguards to ensure the artificial
intelligence is capable of meeting its objectives;
(3) establishing appropriate agency rules of behavior for
the use case, including required human involvement in, and
user-facing explainability of, decisions made in whole or
part by the artificial intelligence, as determined by the
Chief Artificial Intelligence Officer in coordination with
the program manager or equivalent agency personnel; and
(4) establishing appropriate agency training programs,
including documentation of completion of training prior to
use of artificial intelligence, that educate agency personnel
involved with the application of artificial intelligence in
high risk use cases on the capacities and limitations of
artificial intelligence, including training on--
(A) monitoring the operation of artificial intelligence in
high risk use cases to detect and address anomalies,
dysfunctions, and unexpected performance in a timely manner
to mitigate harm;
(B) lessening reliance or over-reliance on the output
produced by artificial intelligence in a high risk use case,
particularly if artificial intelligence is used to make
decisions impacting individuals;
(C) accurately interpreting the output of artificial
intelligence, particularly considering the characteristics of
the system and the interpretation tools and methods
available;
(D) when to not use, disregard, override, or reverse the
output of artificial intelligence;
(E) how to intervene or interrupt the operation of
artificial intelligence;
(F) limiting the use of artificial intelligence to its
operational design domain; and
(G) procedures for reporting incidents involving misuse,
faulty results, safety and security issues, and other
problems with use of artificial intelligence that does not
function as intended.
(e) Ongoing Monitoring of Artificial Intelligence in High
Risk Use Cases.--The Chief Artificial Intelligence Officer of
each agency shall--
(1) establish a reporting system, consistent with section
__05(g), and suspension and shut-down protocols for defects
or adverse impacts of artificial intelligence, and conduct
ongoing monitoring, as determined necessary by use case;
(2) oversee the development and implementation of ongoing
testing and evaluation processes for artificial intelligence
in high risk use cases to ensure continued mitigation of the
potential risks identified in the risk evaluation process;
(3) implement a process to ensure that risk mitigation
efforts for artificial intelligence are reviewed not less
than annually and updated as necessary to account for the
development of new versions of artificial intelligence and
changes to the risk profile; and
(4) adhere to pre-deployment requirements under subsection
(d) in each case in which a low or medium risk artificial
intelligence use case becomes a high risk artificial
intelligence use case.
(f) Exemption From Requirements for Select Use Cases.--The
Chief Artificial Intelligence Officer of each agency--
(1) may designate select, low risk use cases, including
current and future use cases, that do not have to comply with
all or some of the requirements in this title; and
(2) shall publicly disclose all use cases exempted under
paragraph (1) with a justification for each exempted use
case.
(g) Exception.--The requirements under subsections (a) and
(b) shall not apply to an algorithm software update,
enhancement, derivative, correction, defect, or fix for
artificial intelligence that does not materially change the
compliance of the deployer with the requirements of those
subsections, unless determined otherwise by the agency Chief
Artificial Intelligence Officer.
(h) Waivers.--
(1) In general.--The head of an agency, on a case by case
basis, may waive 1 or more requirements under subsection (d)
for a specific use case after making a written determination,
based upon a risk assessment conducted by a human with
respect to the specific use case, that fulfilling the
requirement or requirements prior to procuring or obtaining,
developing, or using artificial intelligence would increase
risks to safety or rights overall or would create an
unacceptable impediment to critical agency operations.
(2) Requirements; limitations.--A waiver under this
subsection shall be--
(A) in the national security interests of the United
States, as determined by the head of the agency;
(B) submitted to the relevant congressional committees not
later than 15 days after the head of the agency grants the
waiver; and
(C) limited to a duration of 1 year, at which time the head
of the agency may renew the waiver and submit the renewed
waiver to the relevant congressional committees.
(i) Infrastructure Security.--The head of an agency, in
consultation with the agency Chief Artificial Intelligence
Officer, Chief Information Officer, Chief Data Officer, and
other relevant agency officials, shall reevaluate
infrastructure security protocols based on the artificial
intelligence use cases
[[Page S4706]]
and associated risks to infrastructure security of the
agency.
(j) Compliance Deadline.--Not later than 270 days after the
date of enactment of this title, the requirements of
subsections (a) through (i) of this section shall apply with
respect to artificial intelligence that is already in use on
the date of enactment of this title.
SEC. __09. PROHIBITION ON SELECT ARTIFICIAL INTELLIGENCE USE
CASES.
No agency may develop, procure or obtain, or use artificial
intelligence for--
(1) mapping facial biometric features of an individual to
assign corresponding emotion and potentially take action
against the individual;
(2) categorizing and taking action against an individual
based on biometric data of the individual to deduce or infer
race, political opinion, religious or philosophical beliefs,
trade union status, sexual orientation, or other personal
trait;
(3) evaluating, classifying, rating, or scoring the
trustworthiness or social standing of an individual based on
multiple data points and time occurrences related to the
social behavior of the individual in multiple contexts or
known or predicted personal or personality characteristics in
a manner that may lead to discriminatory outcomes; or
(4) any other use found by the agency to pose an
unacceptable risk under the risk classification system of the
agency, pursuant to section __07.
SEC. __10. AGENCY PROCUREMENT INNOVATION LABS.
(a) In General.--An agency subject to the Chief Financial
Officers Act of 1990 (31 U.S.C. 901 note; Public Law 101-576)
that does not have a Procurement Innovation Lab on the date
of enactment of this title should consider establishing a lab
or similar mechanism to test new approaches, share lessons
learned, and promote best practices in procurement, including
for commercial technology, such as artificial intelligence,
that is trustworthy and best-suited for the needs of the
agency.
(b) Functions.--The functions of the Procurement Innovation
Lab or similar mechanism should include--
(1) providing leadership support as well as capability and
capacity to test, document, and help agency programs adopt
new and better practices through all stages of the
acquisition lifecycle, beginning with project definition and
requirements development;
(2) providing the workforce of the agency with a clear
pathway to test and document new acquisition practices and
facilitate fresh perspectives on existing practices;
(3) helping programs and integrated project teams
successfully execute emerging and well-established
acquisition practices to achieve better results; and
(4) promoting meaningful collaboration among offices that
are responsible for requirements development, contracting
officers, and others, including financial and legal experts,
that share in the responsibility for making a successful
procurement.
(c) Structure.--An agency should consider placing the
Procurement Innovation Lab or similar mechanism as a
supporting arm of the Chief Acquisition Officer or Senior
Procurement Executive of the agency and shall have wide
latitude in structuring the Procurement Innovation Lab or
similar mechanism and in addressing associated personnel
staffing issues.
SEC. __11. MULTI-PHASE COMMERCIAL TECHNOLOGY TEST PROGRAM.
(a) Test Program.--The head of an agency may procure
commercial technology through a multi-phase test program of
contracts in accordance with this section.
(b) Purpose.--A test program established under this section
shall--
(1) provide a means by which an agency may post a
solicitation, including for a general need or area of
interest, for which the agency intends to explore commercial
technology solutions and for which an offeror may submit a
bid based on existing commercial capabilities of the offeror
with minimal modifications or a technology that the offeror
is developing for commercial purposes; and
(2) use phases, as described in subsection (c), to minimize
government risk and incentivize competition.
(c) Contracting Procedures.--Under a test program
established under this section, the head of an agency may
acquire commercial technology through a competitive
evaluation of proposals resulting from general solicitation
in the following phases:
(1) Phase 1 (viability of potential solution).--Selectees
may be awarded a portion of the total contract award and have
a period of performance of not longer than 1 year to prove
the merits, feasibility, and technological benefit the
proposal would achieve for the agency.
(2) Phase 2 (major details and scaled test).--Selectees may
be awarded a portion of the total contract award and have a
period of performance of not longer than 1 year to create a
detailed timeline, establish an agreeable intellectual
property ownership agreement, and implement the proposal on a
small scale.
(3) Phase 3 (implementation or recycle).--
(A) In general.--Following successful performance on phase
1 and 2, selectees may be awarded up to the full remainder of
the total contract award to implement the proposal, depending
on the agreed upon costs and the number of contractors
selected.
(B) Failure to find suitable selectees.--If no selectees
are found suitable for phase 3, the agency head may determine
not to make any selections for phase 3, terminate the
solicitation and utilize any remaining funds to issue a
modified general solicitation for the same area of interest.
(d) Treatment as Competitive Procedures.--The use of
general solicitation competitive procedures for a test
program under this section shall be considered to be use of
competitive procedures as defined in section 152 of title 41,
United States Code.
(e) Limitation.--The head of an agency shall not enter into
a contract under the test program for an amount in excess of
$25,000,000.
(f) Guidance.--
(1) Federal acquisition regulatory council.--The Federal
Acquisition Regulatory Council shall revise the Federal
Acquisition Regulation as necessary to implement this
section, including requirements for each general solicitation
under a test program to be made publicly available through a
means that provides access to the notice of the general
solicitation through the System for Award Management or
subsequent government-wide point of entry, with classified
solicitations posted to the appropriate government portal.
(2) Agency procedures.--The head of an agency may not award
contracts under a test program until the agency issues
guidance with procedures for use of the authority. The
guidance shall be issued in consultation with the relevant
Acquisition Regulatory Council and shall be publicly
available.
(g) Sunset.--The authority for a test program under this
section shall terminate on the date that is 5 years after the
date the Federal Acquisition Regulation is revised pursuant
to subsection (f)(1) to implement the program.
SEC. __12. RESEARCH AND DEVELOPMENT PROJECT PILOT PROGRAM.
(a) Pilot Program.--The head of an agency may carry out
research and prototype projects in accordance with this
section.
(b) Purpose.--A pilot program established under this
section shall provide a means by which an agency may--
(1) carry out basic, applied, and advanced research and
development projects; and
(2) carry out prototype projects that address--
(A) a proof of concept, model, or process, including a
business process;
(B) reverse engineering to address obsolescence;
(C) a pilot or novel application of commercial technologies
for agency mission purposes;
(D) agile development activity;
(E) the creation, design, development, or demonstration of
operational utility; or
(F) any combination of items described in subparagraphs (A)
through (E).
(c) Contracting Procedures.--Under a pilot program
established under this section, the head of an agency may
carry out research and prototype projects--
(1) using small businesses to the maximum extent
practicable;
(2) using cost sharing arrangements where practicable;
(3) tailoring intellectual property terms and conditions
relevant to the project and commercialization opportunities;
and
(4) ensuring that such projects do not duplicate research
being conducted under existing agency programs.
(d) Treatment as Competitive Procedures.--The use of
research and development contracting procedures under this
section shall be considered to be use of competitive
procedures, as defined in section 152 of title 41, United
States Code.
(e) Treatment as Commercial Technology.--The use of
research and development contracting procedures under this
section shall be considered to be use of commercial
technology, as defined in section __02.
(f) Follow-on Projects or Phases.--A follow-on contract
provided for in a contract opportunity announced under this
section may, at the discretion of the head of the agency, be
awarded to a participant in the original project or phase if
the original project or phase was successfully completed.
(g) Limitation.--The head of an agency shall not enter into
a contract under the pilot program for an amount in excess of
$10,000,000.
(h) Guidance.--
(1) Federal acquisition regulatory council.--The Federal
Acquisition Regulatory Council shall revise the Federal
Acquisition Regulation research and development contracting
procedures as necessary to implement this section, including
requirements for each research and development project under
a pilot program to be made publicly available through a means
that provides access to the notice of the opportunity through
the System for Award Management or subsequent government-wide
point of entry, with classified solicitations posted to the
appropriate government portal.
(2) Agency procedures.--The head of an agency may not award
contracts under a pilot program until the agency, in
consultation with the relevant Acquisition Regulatory Council
issues and makes publicly available guidance on procedures
for use of the authority.
(i) Reporting.--Contract actions entered into under this
section shall be reported to the Federal Procurement Data
System, or any successor system.
(j) Sunset.--The authority for a pilot program under this
section shall terminate on
[[Page S4707]]
the date that is 5 years from the date the Federal
Acquisition Regulation is revised pursuant to subsection
(h)(1) to implement the program.
SEC. __13. DEVELOPMENT OF TOOLS AND GUIDANCE FOR TESTING AND
EVALUATING ARTIFICIAL INTELLIGENCE.
(a) Agency Report Requirements.--In a manner specified by
the Director, the Chief Artificial Intelligence Officer shall
identify and annually submit to the Council a report on
obstacles encountered in the testing and evaluation of
artificial intelligence, specifying--
(1) the nature of the obstacles;
(2) the impact of the obstacles on agency operations,
mission achievement, and artificial intelligence adoption;
(3) recommendations for addressing the identified
obstacles, including the need for particular resources or
guidance to address certain obstacles; and
(4) a timeline that would be needed to implement proposed
solutions.
(b) Council Review and Collaboration.--
(1) Annual review.--Not less frequently than annually, the
Council shall conduct a review of agency reports under
subsection (a) to identify common challenges and
opportunities for cross-agency collaboration.
(2) Development of tools and guidance.--
(A) In general.--Not later than 2 years after the date of
enactment of this title, the Director, in consultation with
the Council, shall convene a working group to--
(i) develop tools and guidance to assist agencies in
addressing the obstacles that agencies identify in the
reports under subsection (a);
(ii) support interagency coordination to facilitate the
identification and use of relevant voluntary standards,
guidelines, and other consensus-based approaches for testing
and evaluation and other relevant areas; and
(iii) address any additional matters determined appropriate
by the Director.
(B) Working group membership.--The working group described
in subparagraph (A) shall include Federal interdisciplinary
personnel, such as technologists, information security
personnel, domain experts, privacy officers, data officers,
civil rights and civil liberties officers, contracting
officials, legal counsel, customer experience professionals,
and others, as determined by the Director.
(3) Information sharing.--The Director, in consultation
with the Council, shall establish a mechanism for sharing
tools and guidance developed under paragraph (2) across
agencies.
(c) Congressional Reporting.--
(1) In general.--Each agency shall submit the annual report
under subsection (a) to relevant congressional committees.
(2) Consolidated report.--The Director, in consultation
with the Council, may suspend the requirement under paragraph
(1) and submit to the relevant congressional committees a
consolidated report that conveys government-wide testing and
evaluation challenges, recommended solutions, and progress
toward implementing recommendations from prior reports
developed in fulfillment of this subsection.
(d) Sunset.--The requirements under this section shall
terminate on the date that is 10 years after the date of
enactment of this title.
SEC. __14. UPDATES TO ARTIFICIAL INTELLIGENCE USE CASE
INVENTORIES.
(a) Amendments.--
(1) Advancing american ai act.--The Advancing American AI
Act (Public Law 117-263; 40 U.S.C. 11301 note) is amended--
(A) in section 7223(3), by striking the period and
inserting ``and in section 5002 of the National Artificial
Intelligence Initiative Act of 2020 (15 U.S.C. 9401).''; and
(B) in section 7225, by striking subsection (d).
(2) Executive order 13960.--The provisions of section 5 of
Executive Order 13960 (85 Fed. Reg. 78939; relating to
promoting the use of trustworthy artificial intelligence in
Federal Government) that exempt classified and sensitive use
cases from agency inventories of artificial intelligence use
cases shall cease to have legal effect.
(b) Compliance.--
(1) In general.--The Director shall ensure that agencies
submit artificial intelligence use case inventories and that
the inventories comply with applicable artificial
intelligence inventory guidance.
(2) Annual report.--The Director shall submit to the
relevant congressional committees an annual report on agency
compliance with artificial intelligence inventory guidance.
(c) Disclosure.--
(1) In general.--The artificial intelligence inventory of
each agency shall publicly disclose--
(A) whether artificial intelligence was developed
internally by the agency or procured externally, without
excluding any use case on basis that the use case is
``sensitive'' solely because it was externally procured;
(B) data provenance information, including identifying the
source of the training data of the artificial intelligence,
including internal government data, public data, commercially
held data, or similar data;
(C) the level of risk at which the agency has classified
the artificial intelligence use case and a brief explanation
for how the determination was made;
(D) a list of targeted impact assessments conducted
pursuant to section __07(a)(2)(C); and
(E) the number of artificial intelligence use cases
excluded from public reporting as being ``sensitive.''
(2) Updates.--
(A) In general.--When an agency updates the public
artificial intelligence use case inventory of the agency, the
agency shall disclose the date of the modification and make
change logs publicly available and accessible.
(B) Guidance.--The Director shall issue guidance to
agencies that describes how to appropriately update
artificial intelligence use case inventories and clarifies
how sub-agencies and regulatory agencies should participate
in the artificial intelligence use case inventorying process.
(d) Congressional Reporting.--The head of each agency shall
submit to the relevant congressional committees a copy of the
annual artificial intelligence use case inventory of the
agency, including--
(1) the use cases that have been identified as
``sensitive'' and not for public disclosure; and
(2) a classified annex of classified use cases.
(e) Government Trends Report.--Beginning 1 year after the
date of enactment of this title, and annually thereafter, the
Director, in coordination with the Council, shall issue a
report, based on the artificial intelligence use cases
reported in use case inventories, that describes trends in
the use of artificial intelligence in the Federal Government.
(f) Comptroller General.--
(1) Report required.--Not later than 1 year after the date
of enactment of this title, and annually thereafter, the
Comptroller General of the United States shall submit to
relevant congressional committees a report on whether
agencies are appropriately classifying use cases.
(2) Appropriate classification.--The Comptroller General of
the United States shall examine whether the appropriate level
of disclosure of artificial intelligence use cases by
agencies should be included on the High Risk List of the
Government Accountability Office.
______
SA 2366. Mr. KELLY (for himself and Mrs. Blackburn) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. CHIP EQUIP ACT.
(a) Short Title.--This section may be cited as the ``The
Chip Equipment Quality, Usefulness, and Integrity Protection
Act of 2024'' or the ``Chip EQUIP Act''.
(b) Purchases of Semiconductor Manufacturing Equipment.--
(1) Definitions.--Section 9901 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651) is amended by inserting after paragraph
(13) the following:
``(14) The term `completed, fully assembled' means the
state in which all (or substantially all) necessary parts,
chambers, subsystems, and subcomponents have been put
together, resulting in a ready-to-use or ready-to-install
item to be directly purchased from an entity.
``(15) The term `ineligible equipment'--
``(A) means completed, fully assembled semiconductor
manufacturing equipment that is manufactured or assembled by
a foreign entity of concern or subsidiary of a foreign entity
of concern and used in the fabrication, assembly, testing,
advanced packaging, production, or research and development
of semiconductors;
``(B) includes--
``(i) deposition equipment;
``(ii) etching equipment;
``(iii) lithography equipment;
``(iv) inspection and measuring equipment;
``(v) wafer slicing equipment;
``(vi) wafer dicing equipment;
``(vii) wire bonders;
``(viii) ion implantation equipment;
``(ix) chemical mechanical polishing; and
``(x) diffusion or oxidation furnaces; and
``(C) does not include any part, chamber, subsystem, or
subcomponent that enables or is incorporated into such
equipment.''.
(2) Ineligible use of funds.--Section 9902 of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (15 U.S.C. 4652) is amended by adding at the
end the following:
``(j) Ineligible Use of Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall include in the terms of each agreement with a covered
entity for the award of Federal financial assistance under
this section prohibitions with respect to a project relating
to the procurement, installation, or use of ineligible
equipment, to be effective for the duration of the agreement.
``(2) Waiver.--The Secretary may waive the prohibitions
described in paragraph (1) if--
``(A) the ineligible equipment to be purchased by the
applicable covered entity is not produced in the United
States or an allied or partner country in sufficient and
reasonably available quantities or of a satisfactory quality
to support established or expected production capabilities;
or
[[Page S4708]]
``(B)(i) the use of the ineligible equipment complies with
the requirements set forth in the Export Administration
Regulations, as defined in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801); and
``(ii) the Secretary, in consultation with the Director of
National Intelligence or the Secretary of Defense, determines
the waiver is in the national security interest of the United
States.
``(3) Foreign entities of concern.--Nothing in this
subsection shall be construed to waive the application of
section 9907.''.
______
SA 2367. Mr. KELLY (for himself and Mr. Budd) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle I--CHIPS Training in America Act of 2024
SEC. 1099. SHORT TITLE.
This subtitle may be cited as the ``CHIPS Training in
America Act of 2024''.
SEC. 1099A. AUTHORIZATION FOR THE CREATING HELPFUL INCENTIVES
TO PRODUCE SEMICONDUCTORS (CHIPS) FOR AMERICA
WORKFORCE AND EDUCATION FUND.
Section 102(d) of Public Law 117-167 (commonly known as the
``CHIPS and Science Act of 2022'') is amended--
(1) in paragraph (1)--
(A) by inserting ``, in consultation with the Department of
Commerce,'' after ``National Science Foundation''; and
(B) by inserting ``, including establishment and
maintenance of a single publicly accessible online
clearinghouse of microelectronics education and workforce
development information'' before the period at the end of the
paragraph;
(2) by redesignating paragraph (3) as paragraph (6); and
(3) by inserting after paragraph (2) the following:
``(3) Evaluation.--Not later than 90 days after the date of
enactment of the CHIPS Training in America Act of 2024, the
Director of the National Science Foundation shall establish
key performance indicators to measure and monitor the impact
of Fund allocations on growing the microelectronics
workforce.
``(4) Workforce goals.--
``(A) Goals established.--Not later than 90 days after the
date of enactment of the CHIPS Training in America Act of
2024, the Director of the National Science Foundation and the
Secretary of Commerce shall jointly develop quantitative
goals for growing the domestic semiconductor workforce.
``(B) Submission of goals.--Such goals shall be submitted
to--
``(i) the Committee on Appropriations of the Senate, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
``(ii) the Committee on Appropriations of the House of
Representatives, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on Education and the Workforce of the House of
Representatives.
``(5) National semiconductor technology center.--In this
subsection, the term `National Semiconductor Technology
Center' means the entity established under section 9906(c) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C.
4656(c)).''.
SEC. 1099B. AUTHORIZATION OF NATIONAL SEMICONDUCTOR
TECHNOLOGY CENTER ACTIVITIES.
Section 9906(c)(2) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4656(c)(2)) is amended--
(1) in subparagraph (C)--
(A) in clause (i), by striking ``and'' after the semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the development of competency-based degree,
credentialing, and certificate frameworks to increase
standardization within semiconductor and microelectronics
workforce development programs.''; and
(2) by inserting the following after subparagraph (C):
``(D)(i) Subject to clause (ii), in coordination with the
National Science Foundation, assist in the management and
maintenance of the single publicly accessible online
clearinghouse authorized in section 102(d) of Public Law 117-
167.
``(ii) If the National Science Foundation and the National
Semiconductor Technology Center agree, the National
Semiconductor Technology Center may take over primary
management and maintenance of such single publicly accessible
online clearinghouse, with support from the National Science
Foundation.''.
SEC. 1099C. NATIONAL STRATEGY ON MICROELECTRONICS WORKFORCE.
Section 9906(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4656(a)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (I) as subparagraph (J);
and
(B) by inserting after subparagraph (H) the following:
``(I) For purposes of the duties described in subparagraph
(D) of paragraph (3) only, the Secretary of Labor, the
Secretary of Education, and the Secretary of Veterans
Affairs.''.
(2) in paragraph (3), by inserting after subparagraph (C)
the following:
``(D) National strategy on microelectronics workforce.--
``(i) In general.--
``(I) National strategy on microelectronics workforce
development.--Not later than 1 year after the date of
enactment of the CHIPS Training in America Act of 2024, in
consultation with appropriate stakeholders in the
microelectronics industry, relevant researchers or experts at
institutions of higher education, economic development
organizations, and other apposite stakeholders, the
Subcommittee shall develop a 5-year national strategy on
microelectronics workforce development.
``(II) Additional subcommittee members.--For the purposes
of this subparagraph only such Subcommittee shall also
include the Secretary of Labor, the Secretary of Education,
and the Secretary of Veterans Affairs.
``(ii) Elements.--The strategy developed under this
subparagraph shall--
``(I) specify and prioritize annual and long-term
objectives, including the role of each agency in supporting
programs and activities designed to meet the objectives, to
ensure a robust, skilled domestic microelectronics workforce;
``(II) specify the common metrics that will be used to
assess progress toward achieving the objectives;
``(III) describe the roles of and means of coordination
with elementary and secondary, and postsecondary, education
systems in achieving the objectives;
``(IV) describe how Federal funding will be used to support
the strategy's microelectronics workforce initiatives;
``(V) describe the approaches to be taken by each
participating agency to assess the effectiveness of the
agency's microelectronics workforce programs and activities;
``(VI) describe how objectives outlined in the strategic
plan will align with investments made using funds from
divisions A and B of Public Law 117-167 (commonly known as
the `CHIPS and Science Act of 2022');
``(VII) describe how objectives outlined in the strategic
plan will align with the objectives of the 5-year STEM
education strategic plan required under section 101 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C.
6621);
``(VIII) describe how objectives outlined in the strategic
plan will align with the objectives of the national strategy
on microelectronics research, as required under subparagraph
(A), as applicable; and
``(IX) be made publicly available through the online
clearinghouse authorized in section 102(d) of Public Law 117-
167.
``(iii) Fostering coordination of workforce programs.--The
Subcommittee shall coordinate programs and activities of
Federal agencies relating to microelectronics workforce
development, and ensure such programs and activities are
consistent with the strategy required under this
subparagraph.
``(iv) Reporting and updates .--Not less frequently than
once every 5 years, the Subcommittee shall--
``(I) update the strategy under this subparagraph;
``(II) submit the revised strategy to the appropriate
committees of Congress; and
``(III) make such strategy publicly available through the
online clearinghouse authorized in section 102(d) of Public
Law 117-167.''.
SEC. 1099D. GRANT PROGRAM FOR EDUCATION RELATED TO
SEMICONDUCTOR MANUFACTURING AND RELATED
INDUSTRIES.
Division H of title XCIX of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4651 et seq.) is amended by inserting after section
9906 the following:
``SEC. 9906A. WORKFORCE DEVELOPMENT ACTIVITIES.
``(a) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education, as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001), at which the highest degree predominantly awarded to
students is not a baccalaureate degree or higher degree;
``(B) a postsecondary vocational institution, as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c)); and
``(C) an area career and technical education school, as
defined in subparagraphs (A) or (B) of section 3(3) of the
Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302(3)).
``(2) Eligible partnership.--The term `eligible
partnership' means a partnership that--
``(A) includes--
``(i) an eligible institution;
``(ii) a covered entity; and
``(iii) a State, Indian Tribe, or political subdivision
thereof; and
``(B) may include other entities.
``(3) National semiconductor technology center.--The term
`National Semiconductor
[[Page S4709]]
Technology Center' means the entity established under section
9906(c).
``(b) Grants Authorized.--The National Semiconductor
Technology Center shall make awards, on a competitive basis,
to eligible partnerships to establish or expand workforce
development and academic programs offered by an eligible
institution (which may include short-term programs or non-
credit programs offered by that eligible institution),
related to semiconductor manufacturing and related equipment,
materials, advanced packaging, microelectronics, computer
science, engineering, and related industries.
``(c) Application.--An eligible partnership desiring a
grant under this section shall submit an application to the
National Semiconductor Technology Center at such time, in
such manner, and containing such information as the National
Semiconductor Technology Center may require. The application
shall require--
``(1) a description of the eligible partnership;
``(2) a description of the workforce needs that will be
addressed through the activities funded by the grant;
``(3) a description of the eligible partnership's strategy
to sustain such activities after the grant period;
``(4) a description of how the eligible partnership will
recruit and retain individuals with barriers to employment
(as defined in section 3 of the Workforce Innovation and
Opportunity Act definition (29 U.S.C. 3102)) in programs that
receive grant funding; and
``(5) a description of how programs supported by grants
under this subsection align with the workforce pathways and
credential frameworks established by the National
Semiconductor Technology Center or the National Science
Foundation.
``(d) Selection.--In selecting eligible partnerships to
receive a grant under this section, the National
Semiconductor Technology Center shall give priority to
eligible partnerships located in areas with growing
microelectronics ecosystems, as determined by the National
Semiconductor Technology Center, that serve or intend to
serve as members of broader sectoral partnerships and
coordinate with State and local workforce development boards
(as established under sections 101 and 107 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111; 29 U.S.C.
3122)), respectively.
``(e) Amount; Duration.--
``(1) Amount.--A grant awarded under this section shall be
for an amount equal to or less than $7,000,000.
``(2) Duration.--A grant awarded under this section shall
be for a period not to exceed 5 years.
``(f) Federal Cost Share.--
``(1) Maximum federal share.--The Federal share of the
costs of a grant under this section shall not exceed 50
percent of such costs.
``(2) Required worker and community investments.--Non-
Federal costs contributed by a covered entity under this
section shall be considered as part of an eligible entity's
commitments to worker and community investments as required
under section 9902(a)(2)(B)(ii)(II).
``(g) Report.--
``(1) Report to the national semiconductor technology
center.--Each eligible partnership receiving a grant under
this section shall prepare and submit an annual report to the
National Semiconductor Technology Center that contains
information about each of the following with respect to
individuals participating in a program funded by a grant
under this section:
``(A) The total number of participants, disaggregated by
sex, race, and ethnicity.
``(B) The total number of participants who completed the
program.
``(C) The indicators required by section 116(b)(2)(A)(i) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)).
``(2) Report to congress.--Not later than 180 days of
receiving the annual report under paragraph (1), the National
Semiconductor Technology Center shall--
``(A) prepare and submit a report containing a summary of
the information described in paragraph (1) to the Committee
on Commerce, Science, and Transportation and the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Science, Space, and Technology and the Committee
on Education and the Workforce of the House of
Representatives; and
``(B) make such report publicly available.
``(h) Authorization of Appropriations .--There are
authorized to carry out this section $50,000,000 for each of
fiscal years 2025, 2026, and 2027.''.
SEC. 1099E. PROHIBITION ON ADDITIONAL MICROELECTRONICS
EDUCATION AND WORKFORCE CLEARINGHOUSE.
A Federal agency shall not establish a microelectronics
education and workforce clearinghouse that is duplicative or
alternative to the online clearinghouse authorized in section
102(d) of Public Law 117-167 (commonly known as the ``CHIPS
and Science Act of 2022'').
______
SA 2368. Mr. OSSOFF (for himself, Mr. Rounds, and Mr. Cramer)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ELIGIBILITY OF DEPENDENTS OF CERTAIN DECEASED
MEMBERS OF THE ARMED FORCES FOR ENROLLMENT IN
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS.
(a) In General.--Chapter 108 of title 10, United States
Code, is amended by inserting after the item relating to
section 2164a the following new section:
``Sec. 2164b. Eligibility of dependents of certain deceased
members for enrollment in schools operated by Department of
Defense Education Activity
``(a) In General.--A dependent of a covered member is
eligible to enroll in a school operated by the Department of
Defense Education Activity without regard to--
``(1) whether the dependent was enrolled in such a school
on the date of the death of the member; or
``(2) the proximity of the school in which the dependent
seeks enrollment to the location where the dependent resided
on the date of the death of the member.
``(b) Tuition-free, Space-available Enrollment.--Enrollment
of a dependent of a covered member in a school operated by
the Department of Defense Education Activity shall be on a
tuition-free and space-available basis.
``(c) Definitions.--In this section:
``(1) Covered member.--The term `covered member' means a
member of the armed forces who died while serving on active
duty or active Guard and Reserve duty.
``(2) School operated by the department of defense
education activity.--The term `school operated by the
Department of Defense Education Activity' means--
``(A) a Department of Defense domestic dependent elementary
or secondary school established under section 2164 of this
title; or
``(B) any elementary or secondary school for dependents of
members of the armed forces operated by the Department of
Defense Education Activity.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by
inserting after the item relating to section 2164a the
following new item:
``2164b. Eligibility of dependents of certain deceased members for
enrollment in schools operated by Department of Defense
Education Activity.''.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section may be construed to affect
the eligibility of dependents of individuals described in
subsection (j)(2) of section 2164 of title 10, United States
Code, for enrollment in a Department of Defense education
program provided by the Secretary of Defense pursuant to
subsection (a) of that section.
______
SA 2369. Mr. OSSOFF (for himself and Mr. Rounds) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 562. PROVISION OF FOOD ASSISTANCE PROGRAM INFORMATION AS
PART OF TRANSITION ASSISTANCE PROGRAM.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(20) Information and counseling developed and provided in
consultation with the Secretary of Agriculture, regarding
Federal food and nutrition assistance programs, including the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
and the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).''.
______
SA 2370. Mr. OSSOFF submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. MODIFICATION OF SUBMISSION OF REPORT IDENTIFYING
FOREIGN OPIOID TRAFFICKERS.
Section 7211(c) of the Fentanyl Sanctions Act (21 U.S.C.
2311(c)) is amended--
(1) by striking ``Not later than'' and all that follows
through ``the President'' and inserting ``The President'';
[[Page S4710]]
(2) by striking ``leadership.'' and inserting
``leadership--''; and
(3) by adding at the end the following:
``(1) not later than 180 days after the date of the
enactment of this Act;
``(2) annually thereafter during the 5-year period
beginning on such date of enactment; and
``(3) every 180 days thereafter during the 10-year period
beginning after the end of the 5-year period described in
paragraph (2).''.
______
SA 2371. Mr. OSSOFF submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. OPERATIONAL AND TRAINING DEFERMENT FOR PARENTS.
(a) In General.--Chapter 39 of title 10, United States
Code, is amended by inserting after section 674 the following
new section:
``Sec. 675. Operational and training deferment for parents
``(a) In General.--A member of the armed forces who
physically gives birth to a child (in this section referred
to as a `birthparent') shall receive a deferment, for a
period of 365 days beginning on the date of the birth of the
child, from all continuous duty events that are in excess of
1 normal duty day or shift, including from the following:
``(1) Deployment.
``(2) Mobilization.
``(3) Field training.
``(4) Combat Training Center program rotations.
``(5) Collective training events away from the permanent
duty station of the member.
``(6) Pre-mobilization training.
``(7) Unit training assembly away from the permanent duty
station of the member.
``(8) Temporary duty.
``(b) Adoptions.--
``(1) In general.--A member of the armed forces who adopts
a minor child or has a minor child placed with the member
long term shall receive a deferment described in subsection
(a) for a period of 365 days beginning on the date of the
adoption or placement.
``(2) Stepparent or sibling adoptions.--Paragraph (1) does
not apply in the case of the adoption of a child by, or
placement of a child with, a stepparent or sibling of the
child.
``(3) Surrogacy.--If a member of the armed forces uses a
surrogate to bear a child, and the member becomes the legal
parent or guardian of the child, the member shall be treated
as adopting the child for purposes of paragraph (1).
``(c) Non-birthparents.--A member of the armed forces who
is not the birthparent of a child shall receive a deferment
described in subsection (a) if the deferment--
``(1) is necessary to ensure that at least one parent is
home with the child for a period of 365 days beginning on the
date of the birth of the child; and
``(2) is approved by the special court-martial convening
authority of the member specified in section 823.
``(d) Dual-military Parents.--A member of the armed forces
who is the birthparent of a child and is married to or co-
parenting with another member of the armed forces may
transfer all or part of the 365-day deferment period under
subsection (a) to the spouse or co-parent.
``(e) Fertility Treatments.--
``(1) In general.--A member of the armed forces who
receives, or whose spouse receives, a referral from a
gynecologic surgeon or obstetrician to a healthcare provider
with credentials in fertility treatment shall receive a
deferment described in subsection (a) for a period of 365
days beginning on the date of the first appointment of the
member or spouse, as applicable, with the healthcare
provider.
``(2) Extensions.--A member described in paragraph (1) who
receives, or whose spouse receives, assisted reproductive
technology procedures is eligible for an extension of the
deferment period described in subsection (a) for not more
than an additional 365 days.
``(3) Conditions.--
``(A) Members assigned outside continental united states.--
A member assigned to a duty location outside the continental
United States who requests a deferment under paragraph (1)
shall also request an extension of the assignment of the
member to that duty location if the deferment period would
otherwise exceed the term of the assignment.
``(B) Members who have received relocation orders.--A
member who has orders for a temporary or permanent change of
station pending--
``(i) is not eligible for a deferment under paragraph (1);
and
``(ii) may be eligible for an extension under paragraph
(2).
``(C) Voluntary early termination of deferment.--A member
who receives a deferment under paragraph (1) or an extension
of such a deferment under paragraph (2) may elect to end the
deferment of the member before the expiration of the
deferment.
``(f) Members in Deployment Deferment Status.--A member of
the armed forces who is in a deployment deferment status on
the date of the birth, adoption, or other event qualifying
the member for a deferment under this section shall have the
deployment deferment status of the member extended to a date
that is not later than 365 days after the date of the birth,
adoption, or other event, unless the member is eligible for
an extension.
``(g) Waivers of Deferment Period.--At any time, a member
of the armed forces who receives a deferment under this
section may waive any portion of the 365-day deferment period
without ending the period early.
``(h) Reserves.--Other than any rescheduled or excused
absences relating to approved parental leave, this section
does not exempt a member of a reserve component from
attending--
``(1) a unit training assembly at the permanent duty
station of the member;
``(2) a medical readiness appointment; or
``(3) annual training within commuting distance of the
permanent duty station of the member.
``(i) Extensions.--
``(1) In general.--In accordance with prevailing medical
guidance, a member of the armed forces who is still lactating
after the end of the 365-day deferment period described in
subsection (a) may be granted an extension of the deferment
period and be excused from the following:
``(A) Deployment.
``(B) Mobilization.
``(C) Combat Training Center program rotations.
``(D) Any training events where lactation accommodations
cannot be provided as described in subsection (j).
``(2) Term of extensions.--Extensions under paragraph (1)
for a member shall be granted in 90-day increments for such
period as the member is lactating, for up to 730 days after
the date of the birth of the child of the member.
``(3) Verification.--The commander of a member seeking an
extension under paragraph (1) may verify that the member is
lactating through a healthcare provider of the member.
``(4) Other duty.--This subsection does not excuse a member
described in paragraph (1) from any duty away from the
permanent duty station of the member other than duty
described in that paragraph and where lactation
accommodations can be provided as described in subsection
(j).
``(j) Lactation Accommodations.--
``(1) In general.--The commander of a member who is
lactating shall provide the member with lactation breaks and
a designated lactation area, without regard to the amount of
time that has elapsed after the birth of the child of the
member or whether the child is beginning to eat solid foods.
``(2) Lactation breaks.--The commander of a member who is
lactating shall--
``(A) ensure that the member has adequate time to express
milk and shall be aware that, in determining how much time is
adequate, each member's situation is unique; and
``(B) allow lactation breaks not less frequently than every
3 hours and for not less than 30 minutes for each break.
``(3) Lactation areas.--The commander of a member who is
lactating shall designate a private space, other than a
restroom, for the member to breastfeed or express milk that
includes the following:
``(A) Locking capabilities.
``(B) A place to sit.
``(C) A flat surface (other than the floor) to place the
pump on.
``(D) An electrical outlet.
``(E) A refrigerator to store expressed milk.
``(F) Access to a safe water source within reasonable
distance from the lactation area.
``(k) Waiver of Deferments for War or National Emergency.--
In time of war or during a national emergency declared by
Congress or the President, the Secretary of Defense may waive
the requirements of this section and terminate any deferments
granted under this section before the declaration of the war
or national emergency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 39 of such title is amended by inserting
after the item relating to section 674 the following new
item:
``675. Operational and training deferment for parents.''.
______
SA 2372. Mr. OSSOFF (for himself and Mr. Scott of Florida) submitted
an amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. IMPROVEMENTS RELATING TO ADMINISTRATION OF
FINANCIAL PROTECTIONS UNDER SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) Financial Literacy Training Regarding the
Servicemembers Civil Relief Act.--Section 992 of title 10,
United States Code, is amended--
(1) in subsection (a)(1)--
[[Page S4711]]
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting, after subparagraph (C), the following new
subparagraph (D):
``(D) consumer financial protections afforded to members
and their dependents under the law, including protections
regarding interest rate limits under section 207 of the
Servicemembers Civil Relief Act (50 U.S.C. 3937);''; and
(2) in subsection (d)(1), by inserting ``(including with
regards to knowledge and use of protections regarding
interest rates under section 207 of the Servicemembers Civil
Relief Act (50 U.S.C. 3937))'' after ``preparedness''.
(b) Notification of Benefits Under the Servicemembers Civil
Relief Act to Servicemembers Called or Ordered to Active Duty
or to Active Service.--Section 105 of the Servicemembers
Civil Relief Act (50 U.S.C. 3915) is amended--
(1) by striking the period at the end and inserting ``,
including--''; and
(2) by adding at the end the following new paragraphs:
``(1) at the time a person first enters military service;
and
``(2) in the case of a person who is a member of a reserve
component--
``(A) at the time the person first enters service in the
reserve component; and
``(B) at any time when the person is mobilized or otherwise
individually called or ordered to active duty for a period of
more than 30 days.''.
(c) Financial Institution Obligation to Apply Maximum Rate
of Interest on All Servicemember Debts Incurred Before
Military Service.--Section 207(b) of the Servicemembers Civil
Relief Act (50 U.S.C. 3937) is amended--
(1) in paragraph (2)--
(A) by striking ``the creditor shall treat the debt in
accordance with subsection (a), effective as of the date on
which the servicemember is called to military service.'' and
inserting ``the creditor shall--''; and
(B) by adding at the end the following new subparagraphs:
``(A) treat the debt in accordance with subsection (a),
effective as of the date on which the servicemember is called
to military service; and
``(B) treat any other obligation or liability of the
servicemember to the creditor in accordance with subsection
(a), whether or not such obligation or liability was
specifically mentioned in a notice provided by the
servicemember under paragraph (1)(A).''; and
(2) by adding at the end the following new paragraph:
``(3) Submission of documents.--A creditor shall provide
all necessary mechanisms to ensure that a servicemember is
able to submit any documents required in order for an
obligation or liability of the servicemember to be subject to
the interest rate limitation in subsection (a) either online,
by mail, or by fax, at the election of the servicemember.''.
______
SA 2373. Mr. OSSOFF (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PREVENTING CHILD TRAFFICKING.
(a) Definition.--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.--
(1) In general.--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.
(2) 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 (a), the
Director of the Office for Victims of Crime shall submit to
the Committee on the Judiciary of the Senate and Committee on
the Judiciary of the House of Representatives a report that
explicitly describes the steps taken by the Office to
complete such implementation.
______
SA 2374. Mr. OSSOFF (for himself and Mr. Schmitt) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PERMANENT AUTHORITY TO REIMBURSE A MEMBER OF THE
UNIFORMED SERVICES FOR SPOUSE RELICENSING AND
BUSINESS COSTS FOLLOWING MEMBER'S RELOCATION.
Section 453(g) of title 37, United States Code, is
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
______
SA 2375. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 865. REPORT ON LIMITATION ON CERTAIN PROCUREMENTS
APPLICATION PROCESS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
provides an update on the implementation of the limitation on
certain procurements application process, as described in
subsection (j)(1) of section 4864 of title 10, United States
Code.
(b) Elements.--The report required by subsection (a) shall
include, at a minimum--
(1) a description of the process used by the Department of
Defense to analyze and assess potential items for
consideration to be required to be procured from a
manufacturer that is part of the national technology and
industrial base;
(2) the name and title of the individual designated by the
Secretary under subsection (j)(2)(A) of section 4864 of title
10, United States Code, to administer the limitation on
certain procurements application process;
(3) a description of the application process for a person
or organization that meets the definition of national
technology and industrial base under section 4801(1) of title
10, United States Code, to apply for status as an item
required to be procured from a manufacturer that is part of
the national technology and industrial base;
(4) the number of persons or organizations that have
applied under the such application process;
(5) an identification of any person or organization that
has had an item approved by the component acquisition
executive under such application process; and
(6) recommendations on modifications to the application
process that would facilitating easier accessibility for
applications from such persons and organizations.
______
SA 2376. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 855. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR NAVY
SHIPBUILDING PROGRAMS.
(a) Enhanced Domestic Content Requirement.--
(1) Contracting requirements.--Except as provided in
paragraph (2), for purposes of chapter 83 of title 41, United
States Code, manufactured articles, materials, or supplies
procured as part of a Navy shipbuilding program are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United
States if the cost of such component articles, materials, or
supplies--
(A) supplied during the period beginning January 1, 2027,
and ending December 31, 2028, exceeds 65 percent of the cost
of the manufactured articles, materials, or supplies;
(B) supplied during the period beginning January 1, 2029,
and ending December 31, 2033, exceeds 75 percent of the cost
of the manufactured articles, materials, or supplies; and
(C) supplied on or after January 1, 2034, equals 100
percent of the cost of the manufactured articles, materials,
or supplies.
(2) Applicability to research, development, test, and
evaluation activities.--Contracts related to shipbuilding
programs entered into under paragraph (1) to carry out
research, development, test, and evaluation activities shall
require that these activities and the components specified
during these activities must meet the domestic content
requirements delineated under paragraph (1).
(3) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(4) Waiver.--The Secretary of Defense may request a waiver
from the requirements
[[Page S4712]]
under paragraph (1) in order to expand sourcing to members of
the national technical industrial base (as that term is
defined in section 4801 of title 10, United States Code). Any
such waiver shall be subject to the approval of the Director
of the Made in America Office and may only be requested if it
is determined that any of the following apply:
(A) Application of the limitation would increase the cost
of the overall acquisition by more than 25 percent or cause
unreasonable delays to be incurred.
(B) Satisfactory quality items manufactured by a domestic
entity are not available or domestic production of such items
cannot be initiated without significantly delaying the
project for which the item is to be acquired.
(C) It is inconsistent with the public interest.
(5) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
concurrence with the Director of the Made in America Office,
shall issue rules to determine the treatment of the lowest
price offered for a foreign end product for which 55 percent
or more of the component articles, materials, or supplies of
such foreign end product are manufactured substantially all
from articles, materials, or supplies mined, produced, or
manufactured in the United States if--
(A) the application of paragraph (1) results in an
unreasonable cost; or
(B) no offers are submitted to supply manufactured
articles, materials, or supplies manufactured substantially
all from articles, materials, or supplies mined, produced, or
manufactured in the United States.
(6) Applicability.--The requirements of this subsection
shall apply to contracts entered into on or after January 1,
2027.
(b) Reporting on Country of Origin Manufacturing.--Not
later than one year after the date of the enactment of this
Act, and annually thereafter, the Secretary of Defense shall
submit to Congress a report on country of origin tracking and
reporting as it relates to manufactured content procured as
part of Navy shipbuilding programs, including through primary
contracts and subcontracts at the second and third tiers. The
report shall describe measures taken to ensure that the
country of origin information pertaining to such content is
reported accurately in terms of the location of manufacture
and not determined by the location of sale.
______
SA 2377. Ms. BALDWIN (for herself, Mrs. Capito, Ms. Collins, and Mr.
Blumenthal) submitted an amendment intended to be proposed by her to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, 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. 710. TRICARE DENTAL FOR MEMBERS OF THE SELECTED RESERVE.
Section 1076a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the paragraph header, by striking ``selected reserve
and''; and
(ii) by striking ``for members of the Selected Reserve of
the Ready Reserve and'';
(B) in paragraph (2), in the header, by inserting
``individual ready'' after ``other''; and
(C) by adding at the end the following new paragraph:
``(5) Plan for selected reserve.--A dental benefits plan
for members of the Selected Reserve of the Ready Reserve.'';
(2) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) No premium plans.--(A) The dental benefits plan
established under subsection (a)(5) is a no premium plan.
``(B) Members enrolled in a no premium plan may not be
charged a premium for benefits provided under the plan.'';
(3) in subsection (e)(2)(A), by striking ``a member of the
Selected Reserve of the Ready Reserve or'';
(4) by redesignating subsections (f) through (l) as
subsections (g) through (m), respectively;
(5) by inserting after subsection (e) the following new
subsection (f):
``(f) Copayments Under No Premium Plans.--A member who
receives dental care under a no premium plan described in
subsection (d)(3) shall pay no charge for any care described
in subsection (c).''; and
(6) in subsection (i), as redesignated by paragraph (4), by
striking ``subsection (k)(2)'' and inserting ``subsection
(l)(2)''.
______
SA 2378. Ms. BALDWIN (for herself, Mr. Braun, Mr. Brown, and Mr.
Scott of Florida) submitted an amendment intended to be proposed by her
to the bill S. 4638, to authorize appropriations for fiscal year 2025
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. __. MANDATORY ORIGIN DISCLOSURE FOR NEW PRODUCTS OF
FOREIGN ORIGIN OFFERED FOR SALE ON THE
INTERNET.
(a) Mandatory Disclosure.--
(1) In general.--
(A) Disclosure.--Subject to the succeeding provisions of
this paragraph, it shall be unlawful for an online store, an
online marketplace, or a seller to introduce, sell, or offer
for sale on an internet website a product that is marked or
required to be marked under section 304 of the Tariff Act of
1930 (19 U.S.C. 1304) unless the country of origin is
disclosed in a conspicuous manner on the online store or
online marketplace's online description of the product and in
a manner consistent with the regulations prescribed under
such section 304 at the time of the product's importation, or
anticipated importation, into the customs territory of the
United States.
(B) Exclusions.--
(i) Agricultural products.--The disclosure requirements
under subparagraph (A) shall not apply to--
(I) a covered commodity (as defined in section 281 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638));
(II) a meat or meat food product subject to inspection
under the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.);
(III) a poultry or poultry product subject to inspection
under the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.); or
(IV) an egg product subject to regulation under the Egg
Products Inspection Act (21 U.S.C. 1031 et seq.).
(ii) Food and drugs.--The disclosure requirements under
subparagraph (A) shall not apply to a food or drug (as those
terms are defined in paragraphs (f) and (g), respectively, of
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321)) that is subject to the jurisdiction of the Food
and Drug Administration.
(iii) Used or previously owned products.--The disclosure
requirements under subparagraph (A) shall not apply to any
used or previously owned products sold in interstate
commerce.
(iv) Small seller.--The disclosure requirements under
subparagraph (A) shall not apply to goods listed by a small
seller.
(C) Limitation of liability.--
(i) Online store.--An online store is not in violation of
the requirements under subparagraph (A) if the online store
provided its third party manufacturer, distributor, supplier,
or private labeler with--
(I) a notice of their obligation to provide the country of
origin to the store, if applicable; and
(II) the means to list directly, or provide to the online
store for listing, the country of origin of the product.
(ii) Online marketplace.--
(I) In general.--Subject to subclause (II), an online
marketplace is not in violation of the requirements under
subparagraph (A) if the online marketplace provided its
sellers with--
(aa) a notice of the seller's obligation to provide country
of origin information when selling a product; and
(bb) the means to list the country of origin in the
product's description.
(II) Exception.--Subclause (I) shall not apply when the
online marketplace is selling the product itself, rather than
only facilitating a sale by a seller and relying on a seller
for that product's information.
(iii) Seller.--A seller is not in violation of the
requirements under subparagraph (A) if the online marketplace
did not provide the seller with--
(I) the notice described in clause (ii)(I)(aa); or
(II) the means to list the county of origin in the
product's description as described in clause (ii)(I)(bb).
(D) Fungible goods or materials.--For the purposes of
subparagraph (A) and in accordance with section 102.12(f) of
title 19, Code of Federal Regulations, an online store, an
online marketplace, or a seller is in compliance with the
disclosure requirements under subparagraph (A) if it lists
multiple countries of origin for products that are fungible
goods or materials. Products shall be considered to be
``fungible goods or materials'' if the goods or materials, as
the case may be, are interchangeable for commercial purposes
and have properties which are essentially identical.
(E) Safe harbor.--An online store, an online marketplace,
or a seller satisfies the disclosure requirements under
subparagraph (A) if the online store, online marketplace, or
seller relies on the country of origin representation
provided by a third party manufacturer, importer,
distributor, supplier, or private labeler of the product.
(2) Certain drug products.--It shall be unlawful for an
online store, an online marketplace, or a seller to offer for
sale in commerce to consumers on an internet website a drug
that is not subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is
required to be marked under section 304 of the Tariff Act of
1930 (19 U.S.C. 1304) unless the internet website description
of the drug indicates in a
[[Page S4713]]
conspicuous place the name and place of business of the
manufacturer, packer, or distributor that is required to
appear on the label of the drug in accordance with section
502(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
352(b)).
(3) Obligation to provide.--A manufacturer, importer,
distributor, supplier, or private labeler seeking to have a
product introduced, sold, advertised, or offered for sale in
commerce shall provide the marking information required by
section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) to the
relevant online store, an online marketplace, or a seller who
wishes to offer the product for sale on an internet website.
(b) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) or a regulation promulgated thereunder shall
be treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this section
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this section.
(B) Privileges and immunities.--Any person that violates
subsection (a) shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) as though all
applicable terms and provisions of that Act were incorporated
and made part of this section.
(C) Authority preserved.--Nothing in this section may be
construed to limit the authority of the Commission under any
other provision of law.
(D) Rulemaking.--
(i) In general.--The Commission shall promulgate in
accordance with section 553 of title 5, United States Code,
such rules as may be necessary to carry out this section.
(ii) Consultation.--In promulgating any regulations under
clause (i), the Commission shall consult with U.S. Customs
and Border Protection.
(3) Interagency agreement.--Not later than 6 months after
the date of enactment of this section, the Commission, the
Commissioner for U.S. Customs and Border Protection, the
Commissioner of Food and Drugs, the United States Trade
Representative, and the Secretary of Agriculture shall--
(A) enter into a Memorandum of Understanding or other
appropriate agreement for the purpose of providing consistent
implementation of this section; and
(B) publish such Memorandum of Understanding or other
agreement in order to provide public guidance.
(c) Authority Preserved.--Nothing in this section may be
construed to--
(1) limit the authority of the Department of Agriculture,
the Food and Drug Administration, or U.S. Customs and Border
Protection under any other provision of law; or
(2) require the Commission to interpret, modify, or enforce
regulations promulgated by such agencies unless as provided
by the Memorandum of Understanding or other agreement entered
into under subsection (b)(3)(A).
(d) Effective Date.--This section shall take effect 1 year
after the date of the publication of the Memorandum of
Understanding or other agreement under subsection (b)(3)(B).
(e) Rule of Construction.--Nothing in this Act shall be
construed to require an online store, an online marketplace,
or a seller to include a description of a product introduced,
sold, or offered for sale in interstate commerce other than a
notice of the country of origin as required by subsection
(a).
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Online marketplace.--The term ``online marketplace''
has the meaning given such term in section 301(f) of the
Consolidated Appropriations Act, 2023 (15 U.S.C. 45f(f)).
(3) Online store.--The term ``online store'' means a person
or entity that operates a consumer-directed, electronically
based or accessed website that sells products to consumers
over the internet for itself or on behalf of third party
sellers.
(4) Product.--The term ``product'' has the meaning given
the term ``article of foreign origin'' in section 304 of the
Tariff Act of 1930 (19 U.S.C. 1304).
(5) Seller.--The term ``seller'' has the meaning given such
term in section 301(f) of the Consolidated Appropriations
Act, 2023 (15 U.S.C. 45f(f)).
(6) Small seller.--
(A) In general.--The term ``small seller'' means a seller
on an online marketplace that, in any consecutive 12-month
period during the previous 24 months, has--
(i) annual sales of less than an aggregate total of $20,000
in gross revenues; and
(ii) fewer than 200 discrete sales or transactions
(excluding sales of used or previously owned products).
(B) Clarification.--For the purposes of calculating the
number of discrete sales or transactions or the aggregate
gross revenues under subparagraph (A), a seller shall only be
required to count sales or transactions made through the
online marketplace and for which payment was processed by the
online marketplace, either directly of through its payment
processor.
(7) Used or previously owned product.--The term ``used or
previously owned product'' means a product that was
previously sold or offered for sale in interstate commerce.
SEC. __. COUNTRY OF ORIGIN LABELING FOR COOKED KING CRAB AND
TANNER CRAB AND COOKED AND CANNED SALMON.
Section 281(7)(B) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1638(7)(B)) is amended--
(1) by striking the period at the end and inserting a
semicolon;
(2) by striking ``includes a fillet'' and inserting the
following: ``includes--
``(i) a fillet''; and
(3) by adding at the end the following:
``(ii) whole cooked king crab and tanner crab and cooked
king crab and tanner crab sections; and
``(iii) cooked and canned salmon.''.
______
SA 2379. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. IMPROVING THE COMMERCIALIZATION OF FEDERAL RESEARCH
BY DOMESTIC MANUFACTURERS.
(a) Short Title.--This section may be cited as the ``Invent
Here, Make Here Act of 2024''.
(b) Improvement of Commercialization of Federal Research by
Domestic Manufacturers.--Section 2 of the National Institute
of Standards and Technology Act (15 U.S.C. 272) is amended by
adding at the end the following:
``(f) Commercialization of Federal Research by Domestic
Manufacturers.--In order for the Institute to meet the need
described in section 1(a)(1) and most effectively carry out
the activities under subsection (c)(1) of this section, the
Director shall--
``(1) coordinate with the Secretary of Defense, the
Secretary of Energy, the Director of the National Science
Foundation, and industry organizations to identify domestic
manufacturers that can develop commercial products based on
completed research conducted by Federal agencies;
``(2) work with the Administrator of the Small Business
Administration to identify domestic investors to support the
development of commercial products based on research
conducted by Federal agencies; and
``(3) maintain a publicly accessible and searchable
database of domestic manufacturers and their capabilities
with respect to commercialization of federally funded
research.''.
(c) Study and Comprehensive Review of Commercialization of
Federal Research by Domestic Manufacturers.--Not later than
540 days after the date of enactment of this Act, the
Director of the National Institute of Standards and
Technology shall--
(1) complete a study and comprehensive review of the
commercialization of Federal research by domestic
manufacturers that--
(A) addresses--
(i) what barriers currently (as of the date on which the
study is completed) exist for domestic manufacturers to
commercialize Federal research; and
(ii) what role investment and the availability of investors
plays in the encouragement or discouragement of the
commercialization of Federal research by domestic
manufacturers; and
(B) provides recommendations for modifications to the
comprehensive strategic plan developed and implemented
pursuant to section 107 of the American Innovation and
Competitiveness Act (15 U.S.C. 272 note) to ensure that
Federal science, engineering, and technology research is
being transferred to domestic manufacturers to modernize
manufacturing processes in accordance with section 2(b)(1) of
the National Institute of Standards and Technology Act (15
U.S.C. 272(b)(1)); and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on the Judiciary
of the Senate, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on the Judiciary of the House of Representatives a report on
the findings of the Director with respect to the study and
review completed under paragraph (1).
(d) Preference for United States Industry.--Section 204 of
title 35, United States Code, is amended to read as follows:
``Sec. 204. Preference for United States industry
``(a) Definitions.--In this section:
``(1) Country of concern.--The term `country of concern'
has the meaning given the term `covered nation' in section
4872(d) of title 10.
``(2) Relevant congressional committees.--The term
`relevant congressional committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on the Judiciary of the Senate;
[[Page S4714]]
``(C) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(D) the Committee on the Judiciary of the House of
Representatives.
``(b) General Preference.--Notwithstanding any other
provision of this chapter, and subject to subsection (c), no
small business firm or nonprofit organization which receives
title to any subject invention and no assignee of any such
small business firm or nonprofit organization shall grant to
any person the exclusive right to use or sell any subject
invention in the United States unless such person agrees that
any products embodying the subject invention or produced
through the use of the subject invention will be manufactured
substantially in the United States.
``(c) Waivers.--
``(1) In general.--In individual cases, subject to
paragraphs (2) and (3), the Federal agency under whose
funding agreement the applicable subject invention was made
may waive the requirement for an agreement described in
subsection (b) upon a showing by the applicable small
business firm, nonprofit organization, or assignee that
reasonable but unsuccessful efforts have been made to grant
licenses on similar terms to potential licensees that would
be likely to manufacture substantially in the United States
or that under the circumstances domestic manufacture is not
commercially feasible.
``(2) Review timeline.--Not later than 90 days after the
date on which a Federal agency receives a request for a
waiver described in paragraph (1) and with respect to which
paragraph (3) does not apply, the Federal agency shall issue
a decision regarding whether to grant the request.
``(3) Prohibition on granting certain waivers without
presidential authorization.--If granting a waiver under
paragraph (1) would result in products embodying the
applicable subject invention or produced through the use of
the applicable subject invention being manufactured
substantially in a country of concern, the applicable Federal
agency may not grant the waiver without the written
authorization of the President (or a designee of the
President).
``(4) Annual report to congressional committees.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Invent Here, Make Here Act of 2024, and
annually thereafter, each Federal agency with respect to
which, during the preceding year, a nonprofit organization or
small business firm that is a party to a funding agreement
with the Federal agency elected to retain title under section
202 to the subject invention that was the subject of that
funding agreement shall submit to the relevant congressional
committees a report that includes the information described
in subparagraph (B).
``(B) Contents.--Each report required under subparagraph
(A) shall include, for the period covered by the report--
``(i) with respect to each request received by the
applicable Federal agency for a waiver under this subsection,
information regarding--
``(I) the subject invention that is the subject of the
request;
``(II) the efforts made by the entity seeking the waiver to
grant the exclusive right to use or sell the applicable
subject invention to a person that would agree that any
products embodying the subject invention or produced through
the use of the subject invention would be manufactured
substantially in the United States; and
``(III) in which markets the products embodying the
applicable subject invention or produced through the use of
the applicable subject invention will be sold; and
``(ii) with respect to a small business firm or nonprofit
organization that is based in the United States and has
elected to retain title to a subject invention pursuant to
section 202, whether that firm or organization intends to
manufacture that subject invention in a foreign country for a
foreign market.
``(C) Preservation of confidentiality.--Each Federal agency
that is required to submit a report under this paragraph
shall preserve the confidentiality or trade sensitive nature
of all information included in each such report.''.
(e) Amendments to the Directorate for Technology,
Innovation, and Partnerships.--Subtitle G of title III of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19101 et seq.) is amended--
(1) in section 10382--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) strongly encourage that products developed through
research funded by the Directorate will be manufactured in
the United States.'';
(2) in section 10383--
(A) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``products,'' and inserting ``products that
will be manufactured in the United States,'';
(B) in paragraph (4)(C), by inserting ``producing,'' after
``capable of'';
(C) in paragraph (6), by striking ``and'' after the
semicolon;
(D) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(8) develop industrial capacity to produce innovations
competitively in the United States for the global
marketplace.'';
(3) in section 10384--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) maximizes economic benefits by ensuring that
innovations developed from research awards are produced in
the United States.'';
(4) in section 10385--
(A) in subsection (b)(1), by striking ``and
commercialization'' and inserting ``commercialization, and
domestic production''; and
(B) in subsection (c)(2), by striking ``and
commercialization'' and inserting ``commercialization, and
domestic production'';
(5) in section 10386(b)(2), by inserting ``with domestic
manufacturing operations'' after ``private sector'';
(6) in section 10389(a), by striking ``and
commercialization'' and inserting ``commercialization, and
domestic production'';
(7) in section 10391(a), by striking ``and
commercialization'' and inserting ``commercialization, and
domestic production''; and
(8) in section 10394(f)(5), by striking ``and, as
appropriate, commercializing'' and inserting ``,
commercializing, and producing''.
______
SA 2380. Ms. BALDWIN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO
AWARD GRANTS TO STATES AND INDIAN TRIBES TO
IMPROVE OUTREACH TO VETERANS.
(a) In General.--Subchapter II of chapter 63 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 6321. Grants to States and Indian Tribes to improve
outreach to veterans
``(a) Purpose.--It is the purpose of this section to
provide for assistance by the Secretary to States and Indian
Tribes to carry out programs that improve covered outreach
and assistance to veterans and the spouses, children, and
parents of veterans--
``(1) to ensure that such individuals are fully informed
about, and assisted in applying for, any veterans and
veterans-related benefits and programs (including veterans
programs of a State or Indian Tribe) for which they may be
eligible; and
``(2) to facilitate opportunities for such individuals to
receive competent, qualified services in the preparation,
presentation, and prosecution of claims for such benefits.
``(b) Authority.--The Secretary may award grants to States
and Indian Tribes--
``(1) to carry out, coordinate, improve, or otherwise
enhance--
``(A) covered outreach activities; or
``(B) activities to assist in the development and submittal
of claims for veterans and veterans-related benefits; or
``(2) to increase the number of county or Tribal veterans
service officers serving in a State by hiring new, additional
such officers.
``(c) Application.--(1) To be eligible for a grant under
this section, a State or Indian Tribe shall submit to the
Secretary an application therefor at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Each application submitted under paragraph (1) shall
include the following:
``(A) A detailed plan for the use of the grant.
``(B) A description of the programs through which the State
or Indian Tribe will meet the outcome measures developed by
the Secretary under subsection (j).
``(C) A description of how the State or Indian Tribe will
distribute grant amounts equitably among counties or Tribal
lands with varying levels of urbanization.
``(D) A plan for how the grant will be used to meet the
unique needs of American Indian veterans, Alaska Native
veterans, or Native Hawaiian veterans, elderly veterans, and
veterans from other underserved communities.
``(d) Distribution.--The Secretary shall seek to ensure
that grants awarded under this section are equitably
distributed among States and Indian Tribes with varying
levels of urbanization.
``(e) Set-aside.--Of the amounts authorized to be
appropriated or otherwise made available for grants under
this section for any fiscal year, the Secretary shall use not
less than five percent to make grants to Indian Tribes.
``(f) Priority.--The Secretary shall prioritize awarding
grants under this section that will serve the following
areas:
``(1) Areas with a critical shortage of county or Tribal
veterans service officers.
``(2) Areas with high rates of--
``(A) suicide among veterans; or
``(B) referrals to the Veterans Crisis Line.
``(g) Use of County or Tribal Veterans Service Officers.--A
State or Indian Tribe that receives a grant under this
section to carry out an activity described in subsection
(b)(1) shall carry out the activity through--
``(1) a county or Tribal veterans service officer of the
State or Indian Tribe; or
[[Page S4715]]
``(2) if the State or Indian Tribe does not have a county
or Tribal veterans service officer, or if the county or
Tribal veterans service officers of the State or Indian Tribe
cover only a portion of that State or Indian Tribe, an
appropriate entity of a State, local, or Tribal government,
as determined by the Secretary.
``(h) Required Activities.--Any grant awarded under this
section shall be used--
``(1) to expand existing programs, activities, and
services;
``(2) to hire new, additional county or Tribal veterans
service officers; or
``(3) for travel and transportation to facilitate carrying
out paragraph (1) or (2).
``(i) Authorized Activities.--A grant under this section
may be used to provide education and training, including on-
the-job training, for State, county, local, and Tribal
government employees who provide (or when trained will
provide) covered outreach services in order for those
employees to obtain accreditation in accordance with
procedures approved by the Secretary.
``(j) Outcome Measures.--(1) The Secretary shall develop
and provide to each State or Indian Tribe that receives a
grant under this section written guidance on the following:
``(A) Outcome measures.
``(B) Policies of the Department.
``(2) In developing outcome measures under paragraph (1),
the Secretary shall consider the following goals:
``(A) Increasing the use of veterans and veterans-related
benefits, particularly among vulnerable populations.
``(B) Increasing the number of county and Tribal veterans
service officers recognized by the Secretary for the
representation of veterans under chapter 59 of this title.
``(k) Tracking Requirements.--(1) With respect to each
grant awarded under this section, the Secretary shall track
the use of veterans and veterans-related benefits among the
population served by the grant, including the average period
of time between the date on which a veteran applies for such
a benefit and the date on which the veteran receives the
benefit, disaggregated by type of benefit.
``(2) Not less frequently than annually during the duration
of the grant program under this section, the Secretary shall
submit to Congress a report on--
``(A) information tracked under paragraph (1);
``(B) how the grants awarded under this section serve the
unique needs of American Indian veterans, Alaska Native
veterans, or Native Hawaiian veterans, elderly veterans, and
veterans from other underserved communities; and
``(C) other information provided by States and Indian
Tribes pursuant to grant reporting requirements.
``(l) Performance Review.--(1) The Secretary shall--
``(A) review the performance of each State and Indian Tribe
that receives a grant under this section; and
``(B) make information regarding such performance publicly
available.
``(m) Remediation Plan.--(1) In the case of a State or
Indian Tribe that receives a grant under this section and
does not meet the outcome measures developed by the Secretary
under subsection (j), the Secretary shall require the State
or Indian Tribe to submit a remediation plan under which the
State or Indian Tribe shall describe how and when it plans to
meet such outcome measures.
``(2) The Secretary may not award a subsequent grant under
this section to a State or Indian Tribe described in
paragraph (1) unless the Secretary approves the remediation
plan submitted by the State or Indian Tribe.
``(n) Definitions.--In this section:
``(1) The term `county or Tribal veterans service officer'
includes a local equivalent veterans service officer.
``(2) The term `covered outreach' means outreach with
respect to--
``(A) benefits administered by the Under Secretary for
Benefits; or
``(B) similar benefits administered by a State or Indian
Tribe.
``(3) The term `Indian Tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and any territory or possession of
the United States.
``(5) The term `Veterans Crisis Line' means the toll-free
hotline for veterans established under section 1720F(h) of
this title.
``(o) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2025 and 2026.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 63 of such title is amended by adding at
the end the following new item:
``6321. Grants to States and Indian Tribes to improve outreach to
veterans.''.
______
SA 2381. Ms. BALDWIN (for herself, Mr. Vance, and Mr. Brown)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the
following:
SEC. 8__. REQUIREMENT THAT CERTAIN DIESEL ENGINES FOR NAVAL
VESSELS BE PURCHASED FROM NATIONAL TECHNOLOGY
AND INDUSTRIAL BASE.
Section 4864(a)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(G) Diesel engines that operate at a maximum of not
greater than 1200 revolutions per minute and are capable of
generating a power output of greater than 3500 kilowatts.''.
______
SA 2382. Mr. DURBIN (for himself and Mr. Hawley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--STOP CSAM Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Strengthening
Transparency and Obligations to Protect Children Suffering
from Abuse and Mistreatment Act of 2024'' or the ``STOP CSAM
Act of 2024''.
SEC. 1097. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL
COURT.
(a) In General.--Section 3509 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``or exploitation''
and inserting ``exploitation, or kidnapping, including
international parental kidnapping'';
(B) in paragraph (3), by striking ``physical or mental
injury'' and inserting ``physical injury, psychological
abuse'';
(C) by striking paragraph (5) and inserting the following:
``(5) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or coercive
tactics intended to degrade, humiliate, intimidate, or
terrorize a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other necessities in
order to control behavior;
``(iii) physical restraint; or
``(iv) the confinement of the child without the child's
consent and in degrading conditions;'';
(D) in paragraph (6), by striking ``child prostitution''
and inserting ``child sex trafficking'';
(E) by striking paragraph (7) and inserting the following:
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to
a victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service agencies
that represent the child;
``(B) law enforcement agencies and prosecutorial offices;
and
``(C) children's advocacy centers;'';
(F) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting ``anus,
genitals,''; and
(ii) by striking ``or animal'';
(G) in paragraph (11), by striking ``and'' at the end;
(H) in paragraph (12)--
(i) by striking ``the term `child abuse' does not'' and
inserting ``the terms `physical injury' and `psychological
abuse' do not''; and
(ii) by striking the period and inserting a semicolon; and
(I) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical abuse, sexual abuse,
exploitation, or kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed against another
person; and
``(B) was under the age of 18 when the crime described in
subparagraph (A) was committed;
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the covered
person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying information for an
online, social media, or email account; and
``(v) any information that can be used to distinguish or
trace the identity of the covered person, either alone or
when combined with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of the
covered person; and
[[Page S4716]]
``(D) any other information concerning the covered person
that is deemed `protected information' by order of the court
under subsection (d)(5); and
``(15) the term `child pornography' has the meaning given
the term in section 2256(8).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Videotaped'' and
inserting ``Recorded'';
(ii) in subparagraph (A), by striking ``that the deposition
be recorded and preserved on videotape'' and inserting ``that
a video recording of the deposition be made and preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking ``that the child's
deposition be taken and preserved by videotape'' and
inserting ``that a video recording of the child's deposition
be made and preserved'';
(II) in clause (iii)--
(aa) in the matter preceding subclause (I), by striking
``videotape'' and inserting ``recorded''; and
(bb) in subclause (IV), by striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence, by striking ``made and
preserved on video tape'' and inserting ``recorded and
preserved''; and
(cc) in the second sentence, by striking ``videotape'' and
inserting ``video recording'';
(iv) in subparagraph (C), by striking ``child's
videotaped'' and inserting ``video recording of the
child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and inserting
``deposition''; and
(II) by striking ``videotaped'' and inserting ``recorded'';
(vi) in subparagraph (E), by striking ``videotaped'' and
inserting ``recorded''; and
(vii) in subparagraph (F), by striking ``videotape'' each
place the term appears and inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name of or any other
information concerning a child'' and inserting ``a covered
person's protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents described in clause (i) or the
information in them that concerns a child'' and inserting ``a
covered person's protected information''; and
(II) by striking ``, have reason to know such information''
and inserting ``(including witnesses or potential witnesses),
have reason to know each item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other information
concerning a child'' each place the term appears and
inserting ``a covered person's protected information'';
(ii) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(iii) by striking ``All papers'' and inserting the
following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may address a
violation of subparagraph (A) in the same manner as
disobedience or resistance to a lawful court order under
section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from public disclosure of the
name of or any other information concerning the child'' and
inserting ``a covered person's protected information from
public disclosure''; and
(II) by striking ``, if the court determines that there is
a significant possibility that such disclosure would be
detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child witness, and the testimony of
any other witness'' and inserting ``any witness''; and
(bb) by striking ``the name of or any other information
concerning a child'' and inserting ``a covered person's
protected information''; and
(II) in clause (ii), by striking ``child'' and inserting
``covered person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and inserting the
following:
``(A) Disclosure to certain parties.--This subsection'';
(ii) in subparagraph (A), as so designated--
(I) by striking ``the name of or other information
concerning a child'' and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult attendant, or to'' and
inserting ``an adult attendant, a law enforcement agency for
any intelligence or investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party requests
public disclosure of a covered person's protected information
to further a public interest, the court shall deny the
request unless the court finds that--
``(i) the party seeking disclosure has established that
there is a compelling public interest in publicly disclosing
the covered person's protected information;
``(ii) there is a substantial probability that the public
interest would be harmed if the covered person's protected
information is not disclosed;
``(iii) the substantial probability of harm to the public
interest outweighs the harm to the covered person from public
disclosure of the covered person's protected information; and
``(iv) there is no alternative to public disclosure of the
covered person's protected information that would adequately
protect the public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court
finds that the information is sufficiently personal,
sensitive, or identifying that it should be subject to the
protections and presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of
Criminal Procedure, the probation officer shall request
information from the multidisciplinary child abuse team, if
applicable, or other appropriate sources to determine the
impact of the offense on a child victim and any other
children who may have been affected by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report information
that accurately expresses the views of a child victim, and
the views of family members as appropriate, concerning the
impact of the offense; and
``(B) use forms that permit a child victim to express the
child's views concerning the personal consequences of the
offense, at a level and in a form of communication
commensurate with the child's age and ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the United States courts to carry out this subsection
$25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall be
made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or attending a
judicial proceeding'' and inserting the following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking ``proceeding'' and
inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording of the
adult attendant shall be made and shall become part of the
court record; or
``(B) in a manner described in subsection (b), the adult
attendant shall be visible on the closed-circuit television
or in the recorded deposition.
``(3) Covered persons attending proceeding.--A covered
person shall have the right to be accompanied by an adult
attendant when attending any judicial proceeding.'';
(7) in subsection (j)--
(A) by striking ``child'' each place the term appears and
inserting ``covered person''; and
(B) in the fourth sentence--
(i) by striking ``and the potential'' and inserting ``, the
potential'';
(ii) by striking ``child's'' and inserting ``covered
person's''; and
(iii) by inserting before the period at the end the
following: ``, and the necessity of the continuance to
protect the defendant's rights'';
(8) in subsection (k), by striking ``child'' each place the
term appears and inserting ``covered person'';
(9) in subsection (l), by striking ``child'' each place the
term appears and inserting ``covered person''; and
(10) in subsection (m)--
(A) by striking ``(as defined by section 2256 of this
title)'' each place it appears;
(B) in paragraph (1), by inserting ``and any civil action
brought under section 2255 or 2255A'' after ``any criminal
proceeding'';
(C) in paragraph (2), by adding at the end the following:
``(C)(i) Notwithstanding Rule 26 of the Federal Rules of
Civil Procedure, a court shall deny, in any civil action
brought under section 2255 or 2255A, any request by any party
to copy, photograph, duplicate, or otherwise reproduce any
property or material that constitutes child pornography.
``(ii) In a civil action brought under section 2255 or
2255A, for purposes of paragraph (1), the court may--
[[Page S4717]]
``(I) order the plaintiff or defendant to provide to the
court or the Government, as applicable, any equipment
necessary to maintain care, custody, and control of such
property or material; and
``(II) take reasonable measures, and may order the
Government (if such property or material is in the care,
custody, and control of the Government) to take reasonable
measures, to provide each party to the action, the attorney
of each party, and any individual a party may seek to qualify
as an expert, with ample opportunity to inspect, view, and
examine such property or material at the court or a
Government facility, as applicable.''; and
(D) in paragraph (3)--
(i) by inserting ``and during the 1-year period following
the date on which the criminal proceeding becomes final or is
terminated'' after ``any criminal proceeding''; and
(ii) by striking ``, as defined under section 2256(8),''.
(b) Effective Date.--The amendments made by this section
shall apply to conduct that occurs before, on, or after the
date of enactment of this Act.
SEC. 1098. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL
AMENDMENTS TO RESTITUTION STATUTES.
Title 18, United States Code, is amended--
(1) in section 1593(c)--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) In''; and
(C) in paragraph (2), as so designated, by inserting ``may
assume the rights of the victim under this section'' after
``suitable by the court'';
(2) in section 2248(c)--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes'';
(B) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) Assumption of crime victim's rights.--In''; and
(C) in paragraph (2), as so designated, by inserting ``may
assume the rights of the victim under this section'' after
``suitable by the court'';
(3) in section 2259--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding section 3663 or 3663A,
and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any
offense under--
``(1) section 1466A, to the extent the conduct involves a
visual depiction of an identifiable minor; or
``(2) this chapter.'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Directions.--Except as
provided in paragraph (2), the'' and inserting ``Restitution
for child pornography production.--If the defendant was
convicted of child pornography production, the''; and
(ii) in paragraph (2)(B), by striking ``$3,000.'' and
inserting the following: ``--
``(i) $3,000; or
``(ii) 10 percent of the full amount of the victim's
losses, if the full amount of the victim's losses is less
than $3,000.''; and
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
``(1) Child pornography production.--For purposes of this
section and section 2259A, the term `child pornography
production' means--
``(A) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) to the extent the conduct
involves production of a visual depiction of an identifiable
minor;
``(B) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) involving possession with intent
to distribute, or section 1466A(b), to the extent the conduct
involves a visual depiction of an identifiable minor--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or conspired to
produce;
``(C) a violation of subsection (a), (b), or (c) of section
2251, or an attempt or conspiracy to violate any of those
subsections under subsection (e) of that section;
``(D) a violation of section 2251A;
``(E) a violation of section 2252(a)(4) or 2252A(a)(5), or
an attempt or conspiracy to violate either of those sections
under section 2252(b)(2) or 2252A(b)(2), to the extent such
conduct involves child pornography--
``(i) produced by the defendant; or
``(ii) that the defendant attempted or conspired to
produce;
``(F) a violation of subsection (a)(7) of section 2252A, or
an attempt or conspiracy to violate that subsection under
subsection (b)(3) of that section, to the extent the conduct
involves production with intent to distribute;
``(G) a violation of section 2252A(g) if the series of
felony violations involves not fewer than 1 violation--
``(i) described in subparagraph (A), (B), (E), or (F) of
this paragraph;
``(ii) of section 1591; or
``(iii) of section 1201, chapter 109A, or chapter 117, if
the victim is a minor;
``(H) a violation of subsection (a) of section 2260, or an
attempt or conspiracy to violate that subsection under
subsection (c)(1) of that section;
``(I) a violation of section 2260B(a)(2) for promoting or
facilitating an offense--
``(i) described in subparagraph (A), (B), (D), or (E) of
this paragraph; or
``(ii) under section 2422(b); and
``(J) a violation of chapter 109A or chapter 117, if the
offense involves the production or attempted production of,
or conspiracy to produce, child pornography.'';
(ii) by striking paragraph (3) and inserting the following:
``(3) Trafficking in child pornography.--For purposes of
this section and section 2259A, the term `trafficking in
child pornography' means--
``(A) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) to the extent the conduct
involves distribution or receipt of a visual depiction of an
identifiable minor;
``(B) a violation of, attempted violation of, or conspiracy
to violate section 1466A(a) involving possession with intent
to distribute, or section 1466A(b), to the extent the conduct
involves a visual depiction of an identifiable minor--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt or conspire to
produce;
``(C) a violation of subsection (d) of section 2251 or an
attempt or conspiracy to violate that subsection under
subsection (e) of that section;
``(D) a violation of paragraph (1), (2), or (3) of
subsection (a) of section 2252, or an attempt or conspiracy
to violate any of those paragraphs under subsection (b)(1) of
that section;
``(E) a violation of section 2252(a)(4) or 2252A(a)(5), or
an attempt or conspiracy to violate either of those sections
under section 2252(b)(2) or 2252A(b)(2), to the extent such
conduct involves child pornography--
``(i) not produced by the defendant; or
``(ii) that the defendant did not attempt or conspire to
produce;
``(F) a violation of paragraph (1), (2), (3), (4), or (6)
of subsection (a) of section 2252A, or an attempt or
conspiracy to violate any of those paragraphs under
subsection (b)(1) of that section;
``(G) a violation of subsection (a)(7) of section 2252A, or
an attempt or conspiracy to violate that subsection under
subsection (b)(3) of that section, to the extent the conduct
involves distribution;
``(H) a violation of section 2252A(g) if the series of
felony violations exclusively involves violations described
in this paragraph (except subparagraphs (A) and (B));
``(I) a violation of subsection (b) of section 2260, or an
attempt or conspiracy to violate that subsection under
subsection (c)(2) of that section; and
``(J) a violation of subsection (a)(1) of section 2260B, or
a violation of subsection (a)(2) of that section for
promoting or facilitating an offense described in this
paragraph (except subparagraphs (A) and (B)).''; and
(iii) in paragraph (4), in the first sentence, by inserting
``or an identifiable minor harmed as a result of the
commission of a crime under section 1466A'' after ``under
this chapter'';
(4) in section 2259A(a)--
(A) in paragraph (1), by striking ``under section
2252(a)(4) or 2252A(a)(5)'' and inserting ``described in
subparagraph (B) or (E) of section 2259(c)(3)''; and
(B) in paragraph (2), by striking ``any other offense for
trafficking in child pornography'' and inserting ``any
offense for trafficking in child pornography other than an
offense described in subparagraph (B) or (E) of section
2259(c)(3)'';
(5) in section 2429--
(A) in subsection (b)(3), by striking ``2259(b)(3)'' and
inserting ``2259(c)(2)''; and
(B) in subsection (d)--
(i) by inserting ``(1)'' after ``(d)'';
(ii) by striking ``chapter, including, in'' and inserting
the following: ``chapter.
``(2) In''; and
(iii) in paragraph (2), as so designated, by inserting
``may assume the rights of the victim under this section''
after ``suitable by the court''; and
(6) in section 3664, by adding at the end the following:
``(q) Trustee or Other Fiduciary.--
``(1) In general.--
``(A) Appointment of trustee or other fiduciary.--When the
court issues an order of restitution under section 1593,
2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of
section 3663A(c)(1), for a victim described in subparagraph
(B) of this paragraph, the court, at its own discretion or
upon motion by the Government, may appoint a trustee or other
fiduciary to hold any amount paid for restitution in a trust
or other official account for the benefit of the victim.
``(B) Covered victims.--A victim referred to in
subparagraph (A) is a victim who is--
``(i) under the age of 18 at the time of the proceeding;
``(ii) incompetent or incapacitated; or
``(iii) subject to paragraph (3), a foreign citizen or
stateless person residing outside the United States.
``(2) Order.--When the court appoints a trustee or other
fiduciary under paragraph (1), the court shall issue an order
specifying--
``(A) the duties of the trustee or other fiduciary, which
shall require--
``(i) the administration of the trust or maintaining an
official account in the best interests of the victim; and
``(ii) disbursing payments from the trust or account--
``(I) to the victim; or
``(II) to any individual or entity on behalf of the victim;
``(B) that the trustee or other fiduciary--
``(i) shall avoid any conflict of interest;
[[Page S4718]]
``(ii) may not profit from the administration of the trust
or maintaining an official account for the benefit of the
victim other than as specified in the order; and
``(iii) may not delegate administration of the trust or
maintaining the official account to any other person;
``(C) if and when the trust or the duties of the other
fiduciary will expire; and
``(D) the fees payable to the trustee or other fiduciary to
cover expenses of administering the trust or maintaining the
official account for the benefit of the victim, and the
schedule for payment of those fees.
``(3) Fact-finding regarding foreign citizens and stateless
person.--In the case of a victim who is a foreign citizen or
stateless person residing outside the United States and is
not under the age of 18 at the time of the proceeding or
incompetent or incapacitated, the court may appoint a trustee
or other fiduciary under paragraph (1) only if the court
finds it necessary to--
``(A) protect the safety or security of the victim; or
``(B) provide a reliable means for the victim to access or
benefit from the restitution payments.
``(4) Payment of fees.--
``(A) In general.--The court may, with respect to the fees
of the trustee or other fiduciary--
``(i) pay the fees in whole or in part; or
``(ii) order the defendant to pay the fees in whole or in
part.
``(B) Applicability of other provisions.--With respect to a
court order under subparagraph (A)(ii) requiring a defendant
to pay fees--
``(i) subsection (f)(3) shall apply to the court order in
the same manner as that subsection applies to a restitution
order;
``(ii) subchapter C of chapter 227 (other than section
3571) shall apply to the court order in the same manner as
that subchapter applies to a sentence of a fine; and
``(iii) subchapter B of chapter 229 shall apply to the
court order in the same manner as that subchapter applies to
the implementation of a sentence of a fine.
``(C) Effect on other penalties.--Imposition of payment
under subparagraph (A)(ii) shall not relieve a defendant of,
or entitle a defendant to a reduction in the amount of, any
special assessment, restitution, other fines, penalties, or
costs, or other payments required under the defendant's
sentence.
``(D) Schedule.--Notwithstanding any other provision of
law, if the court orders the defendant to make any payment
under subparagraph (A)(ii), the court may provide a payment
schedule that is concurrent with the payment of any other
financial obligation described in subparagraph (C).
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the United States courts to carry out this subsection
$15,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall be
made under the supervision of the Director of the
Administrative Office of the United States Courts.''.
SEC. 1099. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND
TRANSPARENCY BY THE TECH INDUSTRY.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended--
(1) in section 2258A--
(A) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Duty to Report.--
``(1) Duty.--In order to reduce the proliferation of online
child sexual exploitation and to prevent the online sexual
exploitation of children, as soon as reasonably possible
after obtaining actual knowledge of any facts or
circumstances described in paragraph (2) or any apparent
child pornography on the provider's service, and in any event
not later than 60 days after obtaining such knowledge, a
provider shall submit to the CyberTipline of NCMEC, or any
successor to the CyberTipline operated by NCMEC, a report
that--
``(A) shall contain--
``(i) the mailing address, telephone number, facsimile
number, electronic mailing address of, and individual point
of contact for, such provider; and
``(ii) information described in subsection (b)(1)(A)
concerning such facts or circumstances or apparent child
pornography; and
``(B) may contain information described in subsection
(b)(2), including any available information to identify or
locate any involved minor.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
indicating an apparent, planned, or imminent violation of
section 1591 (if the violation involves a minor), 2251,
2251A, 2252, 2252A, 2252B, 2260, or 2422(b).
``(b) Contents of Report.--
``(1) In general.--In an effort to prevent the future
sexual victimization of children, and to the extent the
information is within the custody or control of a provider,
each report provided under subsection (a)(1)--
``(A) shall include, to the extent that it is applicable
and reasonably available--
``(i) the name, address, electronic mail address, user or
account identification, Internet Protocol address, and
uniform resource locator of any individual who is a subject
of the report;
``(ii) the terms of service in effect at the time of--
``(I) the apparent violation; or
``(II) the detection of apparent child pornography or a
planned or imminent violation;
``(iii) a copy of any apparent child pornography that is
the subject of the report that was identified in a publicly
available location;
``(iv) for each item of apparent child pornography included
in the report under clause (iii) or paragraph (2)(E),
information indicating whether--
``(I) the apparent child pornography was publicly
available; or
``(II) the provider, in its sole discretion, viewed the
apparent child pornography, or any copy thereof, at any point
concurrent with or prior to the submission of the report; and
``(v) for each item of apparent child pornography that is
the subject of the report, an indication as to whether the
apparent child pornography--
``(I) has previously been the subject of a report under
subsection (a)(1); or
``(II) is the subject of multiple contemporaneous reports
due to rapid and widespread distribution; and
``(B) may, at the sole discretion of the provider, include
the information described in paragraph (2) of this
subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Information about any involved individual.--Any
information relating to the identity or location of any
individual who is a subject of the report, including payment
information (excluding personally identifiable information)
and self-reported identifying or locating information.
``(B) Information about any involved minor.--Information
relating to the identity or location of any involved minor,
which may include an address, electronic mail address,
Internet Protocol address, uniform resource locator, or any
other information that may identify or locate any involved
minor, including self-reported identifying or locating
information.
``(C) Historical reference.--Information relating to when
and how a customer or subscriber of a provider uploaded,
transmitted, or received content relating to the report or
when and how content relating to the report was reported to,
or discovered by the provider, including a date and time
stamp and time zone.
``(D) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address or verified address, or, if not reasonably
available, at least one form of geographic identifying
information, including area code or zip code, provided by the
customer or subscriber, or stored or obtained by the
provider.
``(E) Apparent child pornography.--Any apparent child
pornography not described in paragraph (1)(A)(iii), or other
content related to the subject of the report.
``(F) Complete communication.--The complete communication
containing any apparent child pornography or other content,
including--
``(i) any data or information regarding the transmission of
the communication; and
``(ii) any visual depictions, data, or other digital files
contained in, or attached to, the communication.
``(G) Technical identifier.--An industry-standard hash
value or other similar industry-standard technical identifier
for any reported visual depiction as it existed on the
provider's service.
``(H) Description.--For any item of apparent child
pornography that is the subject of the report, an indication
of whether--
``(i) the depicted sexually explicit conduct involves--
``(I) genital, oral, or anal sexual intercourse;
``(II) bestiality;
``(III) masturbation;
``(IV) sadistic or masochistic abuse; or
``(V) lascivious exhibition of the anus, genitals, or pubic
area of any person; and
``(ii) the depicted minor is--
``(I) an infant or toddler;
``(II) prepubescent;
``(III) pubescent;
``(IV) post-pubescent; or
``(V) of an indeterminate age or developmental stage
``(3) Formatting of reports.--When a provider includes any
information described in paragraph (1) or, at its sole
discretion, any information described in paragraph (2) in a
report to the CyberTipline of NCMEC, or any successor to the
CyberTipline operated by NCMEC, the provider shall use best
efforts to ensure that the report conforms with the structure
of the CyberTipline or the successor, as applicable.
``(c) Forwarding of Report and Other Information to Law
Enforcement.--
``(1) In general.--Pursuant to its clearinghouse role as a
private, nonprofit organization, and at the conclusion of its
review in furtherance of its nonprofit mission, NCMEC shall
make available each report submitted under subsection (a)(1)
to one or more of the following law enforcement agencies:
``(A) Any Federal law enforcement agency that is involved
in the investigation of child sexual exploitation,
kidnapping, or enticement crimes.
``(B) Any State or local law enforcement agency that is
involved in the investigation of child sexual exploitation.
[[Page S4719]]
``(C) A foreign law enforcement agency designated by the
Attorney General under subsection (d)(3) or a foreign law
enforcement agency that has an established relationship with
the Federal Bureau of Investigation, Immigration and Customs
Enforcement, or INTERPOL, and is involved in the
investigation of child sexual exploitation, kidnapping, or
enticement crimes.
``(2) Technical identifiers.--If a report submitted under
subsection (a)(1) contains an industry-standard hash value or
other similar industry-standard technical identifier--
``(A) NCMEC may compare that hash value or identifier with
any database or repository of visual depictions owned or
operated by NCMEC; and
``(B) if the comparison under subparagraph (A) results in a
match, NCMEC may include the matching visual depiction from
its database or repository when forwarding the report to an
agency described in subparagraph (A) or (B) of paragraph
(1).'';
(B) in subsection (d)--
(i) in paragraph (2), by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(1)(A)'';
(ii) in paragraph (3)--
(I) in subparagraph (A), by striking ``subsection (c)(3)''
and inserting ``subsection (c)(1)(C)''; and
(II) in subparagraph (C), by striking ``subsection (c)(3)''
and inserting ``subsection (c)(1)(C)''; and
(iii) in paragraph (5)(B)--
(I) in clause (i), by striking ``forwarded'' and inserting
``made available''; and
(II) in clause (ii), by striking ``forwarded'' and
inserting ``made available'';
(C) by striking subsection (e) and inserting the following:
``(e) Failure to Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider to
knowingly--
``(i) fail to submit a report under subsection (a)(1)
within the time period required by that subsection; or
``(ii) fail to preserve material as required under
subsection (h).
``(B) Penalty.--
``(i) In general.--A provider that violates subparagraph
(A) shall be fined--
``(I) in the case of an initial violation, not more than--
``(aa) $850,000 if the provider has not fewer than
100,000,000 monthly active users; or
``(bb) $600,000 if the provider has fewer than 100,000,000
monthly active users; and
``(II) in the case of any second or subsequent violation,
not more than--
``(aa) $1,000,000 if the provider has not fewer than
100,000,000 monthly active users; or
``(bb) $850,000 if the provider has fewer than 100,000,000
monthly active users.
``(ii) Harm to individuals.--The maximum fine under clause
(i) shall be doubled if an individual is harmed as a direct
and proximate result of the applicable violation.
``(2) Civil penalty.--
``(A) Violations relating to cybertipline reports and
material preservation.--A provider shall be liable to the
United States Government for a civil penalty in an amount of
not less than $50,000 and not more than $250,000 if the
provider knowingly--
``(i) fails to submit a report under subsection (a)(1)
within the time period required by that subsection;
``(ii) fails to preserve material as required under
subsection (h); or
``(iii) submits a report under subsection (a)(1) that--
``(I) contains materially false or fraudulent information;
or
``(II) omits information described in subsection (b)(1)(A)
that is reasonably available.
``(B) Annual report violations.--A provider shall be liable
to the United States Government for a civil penalty in an
amount of not less than $100,000 and not more than $1,000,000
if the provider knowingly--
``(i) fails to submit an annual report as required under
subsection (i); or
``(ii) submits an annual report under subsection (i) that--
``(I) contains a materially false, fraudulent, or
misleading statement; or
``(II) omits information described in subsection (i)(1)
that is reasonably available.
``(C) Harm to individuals.--The amount of a civil penalty
under subparagraph (A) or (B) shall be tripled if an
individual is harmed as a direct and proximate result of the
applicable violation.
``(D) Costs of civil actions.--A provider that commits a
violation described in subparagraph (A) or (B) shall be
liable to the United States Government for the costs of a
civil action brought to recover a civil penalty under that
subparagraph.
``(E) Enforcement.--This paragraph shall be enforced in
accordance with sections 3731, 3732, and 3733 of title 31,
except that a civil action to recover a civil penalty under
subparagraph (A) or (B) of this paragraph may only be brought
by the United States Government.
``(3) Deposit of fines and penalties.--Notwithstanding any
other provision of law, any criminal fine or civil penalty
collected under this subsection shall be deposited into the
Child Pornography Victims Reserve as provided in section
2259B.'';
(D) in subsection (f), by striking paragraph (3) and
inserting the following:
``(3) affirmatively search, screen, or scan for--
``(A) facts or circumstances described in subsection
(a)(2);
``(B) information described in subsection (b)(2); or
``(C) any apparent child pornography.'';
(E) in subsection (g)--
(i) in paragraph (2)(A)--
(I) in clause (iii), by inserting ``or personnel at a
children's advocacy center'' after ``State)''; and
(II) in clause (iv), by striking ``State or subdivision of
a State'' and inserting ``State, subdivision of a State, or
children's advocacy center''; and
(ii) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and inserting
``subsection (a)(1)'';
(F) in subsection (h), by adding at the end the following:
``(7) Relation to reporting requirement.--Submission of a
report as described in subsection (a)(1) does not satisfy the
obligations under this subsection.''; and
(G) by adding at the end the following:
``(i) Annual Report.--
``(1) In general.--Not later than March 31 of the second
year beginning after the date of enactment of the STOP CSAM
Act of 2024, and of each year thereafter, a provider that had
more than 1,000,000 unique monthly visitors or users during
each month of the preceding year and accrued revenue of more
than $50,000,000 during the preceding year shall submit to
the Attorney General and the Chair of the Federal Trade
Commission a report, disaggregated by subsidiary, that
provides the following information for the preceding year to
the extent such information is applicable and reasonably
available:
``(A) Cybertipline data.--
``(i) The total number of reports that the provider
submitted under subsection (a)(1).
``(ii) Which items of information described in subsection
(b)(2) are routinely included in the reports submitted by the
provider under subsection (a)(1).
``(B) Report and remove data.--With respect to section
1099B of the STOP CSAM Act of 2024--
``(i) a description of the provider's designated reporting
system;
``(ii) the number of complete notifications received;
``(iii) the number of items of child sexual abuse material
that were removed; and
``(iv) the total amount of any fine ordered and paid.
``(C) Other reporting to the provider.--
``(i) The measures the provider has in place to receive
other reports concerning child sexual exploitation and abuse
using the provider's product or on the provider's service.
``(ii) The average time for responding to reports described
in clause (i).
``(iii) The number of reports described in clause (i) that
the provider received.
``(iv) A summary description of the actions taken upon
receipt of the reports described in clause (i).
``(D) Policies.--
``(i) A description of the policies of the provider with
respect to the commission of child sexual exploitation and
abuse using the provider's product or on the provider's
service, including how child sexual exploitation and abuse is
defined.
``(ii) A description of possible consequences for
violations of the policies described in clause (i).
``(iii) The methods of informing users of the policies
described in clause (i).
``(iv) The process for adjudicating potential violations of
the policies described in clause (i).
``(E) Culture of safety.--
``(i) The measures and technologies that the provider
deploys to protect children from sexual exploitation and
abuse using the provider's product or service.
``(ii) The measures and technologies that the provider
deploys to prevent the use of the provider's product or
service by individuals seeking to commit child sexual
exploitation and abuse.
``(iii) Factors that interfere with the provider's ability
to detect or evaluate instances of child sexual exploitation
and abuse.
``(iv) An assessment of the efficacy of the measures and
technologies described in clauses (i) and (ii) and the impact
of the factors described in clause (iii).
``(F) Safety by design.--The measures that the provider
takes before launching a new product or service to assess--
``(i) the safety risks for children with respect to sexual
exploitation and abuse; and
``(ii) whether and how individuals could use the new
product or service to commit child sexual exploitation and
abuse.
``(G) Trends and patterns.--Any information concerning
emerging trends and changing patterns with respect to the
commission of online child sexual exploitation and abuse.
``(2) Avoiding duplication.--Notwithstanding the
requirement under the matter preceding paragraph (1) that
information be submitted annually, in the case of any report
submitted under that paragraph after the initial report, a
provider shall submit information described in subparagraphs
(D) through (G) of that paragraph not less frequently than
once every 3 years or when new information is available,
whichever is more frequent.
``(3) Limitation.--Nothing in paragraph (1) shall require
the disclosure of trade secrets or other proprietary
information.
``(4) Publication.--
``(A) In general.--Subject to subparagraph (B), the
Attorney General and the Chair of
[[Page S4720]]
the Federal Trade Commission shall publish the reports
received under this subsection.
``(B) Redaction.--
``(i) In general.--Whether or not such redaction is
requested by the provider, the Attorney General and Chair of
the Federal Trade Commission shall redact from a report
published under subparagraph (A) any information as necessary
to avoid--
``(I) undermining the efficacy of a safety measure
described in the report; or
``(II) revealing how a product or service of a provider may
be used to commit online child sexual exploitation and abuse.
``(ii) Additional redaction.--
``(I) Request.--In addition to information redacted under
clause (i), a provider may request the redaction, from a
report published under subparagraph (A), of any information
that is law enforcement sensitive or otherwise not suitable
for public distribution.
``(II) Agency discretion.--The Attorney General and Chair
of the Federal Trade Commission--
``(aa) shall consider a request made under subclause (I);
and
``(bb) may, in their discretion, redact from a report
published under subparagraph (A) any information pursuant to
the request.'';
(2) in section 2258B--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Limited liability.--Except as provided in subsection
(b), a civil claim or criminal charge described in paragraph
(2) may not be brought in any Federal or State court.
``(2) Covered claims and charges.--A civil claim or
criminal charge referred to in paragraph (1) is a civil claim
or criminal charge against a provider or domain name
registrar, including any director, officer, employee, or
agent of such provider or domain name registrar, that is
directly attributable to--
``(A) the performance of the reporting or preservation
responsibilities of such provider or domain name registrar
under this section, section 2258A, or section 2258C;
``(B) transmitting, distributing, or mailing child
pornography to any Federal, State, or local law enforcement
agency, or giving such agency access to child pornography, in
response to a search warrant, court order, or other legal
process issued or obtained by such agency; or
``(C) the use by the provider or domain name registrar of
any material being preserved under section 2258A(h) by such
provider or registrar for research and the development and
training of tools, undertaken voluntarily and in good faith
for the sole and exclusive purpose of--
``(i) improving or facilitating reporting under this
section, section 2258A, or section 2258C; or
``(ii) stopping the online sexual exploitation of
children.''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``; or'' and inserting
``or knowingly failed to comply with a requirement under
section 2258A;'';
(ii) in paragraph (2)(C)--
(I) by striking ``sections'' and inserting ``this section
or section''; and
(II) by striking the period and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) for purposes of subsection (a)(2)(C), knowingly
distributed or transmitted the material, or made the material
available, except as required by law, to--
``(A) any other entity;
``(B) any person not employed by the provider or domain
name registrar; or
``(C) any person employed by the provider or domain name
registrar who is not conducting any research described in
that subsection.'';
(3) in section 2258C--
(A) in the section heading, by striking ``the
CyberTipline'' and inserting ``NCMEC'';
(B) in subsection (a)--
(i) in the subsection heading, by striking ``Elements'' and
inserting ``Provision to Providers and Nonprofit Entities'';
(ii) in paragraph (1)--
(I) by striking ``to a provider'' and inserting the
following: ``or submission to the child victim identification
program to--
``(A) a provider'';
(II) in subparagraph (A), as so designated--
(aa) by inserting ``use of the provider's products or
services to commit'' after ``stop the''; and
(bb) by striking the period at the end and inserting ``;
or''; and
(III) by adding at the end the following:
``(B) a nonprofit entity for the sole and exclusive purpose
of preventing and curtailing the online sexual exploitation
of children.''; and
(iii) in paragraph (2)--
(I) in the heading, by striking ``Inclusions'' and
inserting ``Elements'';
(II) by striking ``unique identifiers'' and inserting
``similar technical identifiers''; and
(III) by inserting ``or submission to the child victim
identification program'' after ``CyberTipline report'';
(C) in subsection (b)--
(i) in the heading, by inserting ``or Nonprofit Entities''
after ``Providers'';
(ii) by striking ``Any provider'' and inserting the
following:
``(1) In general.--Any provider or nonprofit entity'';
(iii) in paragraph (1), as so designated--
(I) by striking ``receives'' and inserting ``obtains''; and
(II) by inserting ``or submission to the child victim
identification program'' after ``CyberTipline report''; and
(iv) by adding at the end the following:
``(2) Limitation on sharing with other entities.--A
provider or nonprofit entity that obtains elements under
subsection (a)(1) may not distribute those elements, or make
those elements available, to any other entity, except for the
sole and exclusive purpose of stopping the online sexual
exploitation of children.'';
(D) in subsection (c)--
(i) by striking ``subsections'' and inserting
``subsection'';
(ii) by striking ``providers receiving'' and inserting ``a
provider to obtain'';
(iii) by inserting ``or submission to the child victim
identification program'' after ``CyberTipline report''; and
(iv) by striking ``to use the elements to stop the online
sexual exploitation of children''; and
(E) in subsection (d), by inserting ``or to the child
victim identification program'' after ``CyberTipline'';
(4) in section 2258E--
(A) in paragraph (6), by striking ``electronic
communication service provider'' and inserting ``electronic
communication service'';
(B) in paragraph (7), by striking ``and'' at the end;
(C) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(9) the term `publicly available', with respect to a
visual depiction on a provider's service, means the visual
depiction can be viewed by or is accessible to all users of
the service, regardless of the steps, if any, a user must
take to create an account or to gain access to the service in
order to access or view the visual depiction; and
``(10) the term `child victim identification program' means
the program described in section 404(b)(1)(K)(ii) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11293(b)(1)(K)(ii)).'';
(5) in section 2259B(a), by inserting ``, any fine or
penalty collected under section 2258A(e) or subparagraph (A)
of section 1099B(g)(24) of the STOP CSAM Act of 2024 (except
as provided in clauses (i) and (ii)(I) of subparagraph (B) of
such section 1099B(g)(24)),'' after ``2259A''; and
(6) by adding at the end the following:
``Sec. 2260B. Liability for certain child sexual exploitation
offenses
``(a) Offense.--It shall be unlawful for a provider of an
interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C.
230), that operates through the use of any facility or means
of interstate or foreign commerce or in or affecting
interstate or foreign commerce, through such service to--
``(1) intentionally host or store child pornography or make
child pornography available to any person; or
``(2) knowingly promote or facilitate a violation of
section 2251, 2251A, 2252, 2252A, or 2422(b).
``(b) Penalty.--A provider of an interactive computer
service that violates subsection (a)--
``(1) subject to paragraph (2), shall be fined not more
than $1,000,000; and
``(2) if the offense involves a conscious or reckless risk
of serious personal injury or an individual is harmed as a
direct and proximate result of the violation, shall be fined
not more than $5,000,000.
``(c) Rule of Construction.--Nothing in this section shall
be construed to apply to any good faith action by a provider
of an interactive computer service that is necessary to
comply with a valid court order, subpoena, search warrant,
statutory obligation, or preservation request from law
enforcement.''.
(b) Clerical Amendment.--The table of sections for chapter
110 of title 18, United States Code, is amended by adding at
the end the following:
``2260B. Liability for certain child sexual exploitation offenses.''.
(c) Effective Date for Amendments to Reporting Requirements
of Providers.--The amendments made by subsection (a)(1) of
this section shall take effect on the date that is 120 days
after the date of enactment of this Act.
SEC. 1099A. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE
CHILD SEXUAL EXPLOITATION.
(a) Statement of Intent.--Nothing in this section shall be
construed to abrogate or narrow any case law concerning
section 2255 of title 18, United States Code.
(b) Civil Remedy for Personal Injuries.--Section 2255(a) of
title 18, United States Code, is amended--
(1) by striking ``In General.--Any person who, while a
minor, was a victim of a violation of section 1589, 1590,
1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260,
2421, 2422, or 2423 of this title and who suffers personal
injury as a result of such violation, regardless of whether
the injury occurred while such person was a minor, may sue''
and inserting the following: ``Private Right of Action.--
``(1) In general.--Any person described in subparagraph
(A), (B), or (C) of paragraph (2) who suffers personal injury
as a result of a violation described in that subparagraph,
regardless of whether the injury occurred while such person
was a minor, may bring a civil action''; and
(2) by adding at the end the following:
[[Page S4721]]
``(2) Eligible persons.--Paragraph (1) shall apply to any
person--
``(A) who, while a minor, was a victim of--
``(i) a violation of section 1589, 1590, 1591, 2241, 2242,
2243, 2251, 2251A, 2260(a), 2421, 2422, or 2423;
``(ii) an attempt to violate section 1589, 1590, or 1591
under section 1594(a);
``(iii) a conspiracy to violate section 1589 or 1590 under
section 1594(b); or
``(iv) a conspiracy to violate section 1591 under section
1594(c);
``(B) who--
``(i) is depicted as a minor in child pornography; and
``(ii) is a victim of a violation of 2252, 2252A, or
2260(b) (regardless of when the violation occurs); or
``(C) who--
``(i) is depicted as an identifiable minor in a visual
depiction described in section 1466A; and
``(ii) is a victim of a violation of that section
(regardless of when the violation occurs).''.
(c) Civil Remedy Against Online Platforms and App Stores.--
(1) In general.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2255 the
following:
``Sec. 2255A. Civil remedy for certain victims of child
pornography or child sexual exploitation
``(a) In General.--
``(1) Promotion or aiding and abetting of certain
violations.--Any person who is a victim of the intentional or
knowing promotion, or aiding and abetting, of a violation of
section 1591 or 1594(c) (involving a minor), or section 2251,
2251A, 2252, 2252A, or 2422(b), where such promotion, or
aiding and abetting, is by a provider of an interactive
computer service or an app store, and who suffers personal
injury as a result of such promotion or aiding and abetting,
regardless of when the injury occurred, may bring a civil
action in any appropriate United States District Court for
relief set forth in subsection (b).
``(2) Activities involving child pornography.--Any person
who is a victim of the intentional or knowing hosting or
storing of child pornography or making child pornography
available to any person by a provider of an interactive
computer service, and who suffers personal injury as a result
of such hosting, storing, or making available, regardless of
when the injury occurred, may bring a civil action in any
appropriate United States District Court for relief set forth
in subsection (b).
``(b) Relief.--In a civil action brought by a person under
subsection (a)--
``(1) the person shall recover the actual damages the
person sustains or liquidated damages in the amount of
$300,000, and the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred;
and
``(2) the court may, in addition to any other relief
available at law, award punitive damages and such other
preliminary and equitable relief as the court determines to
be appropriate, including a temporary restraining order, a
preliminary injunction, or a permanent injunction ordering
the defendant to cease the offending conduct.
``(c) Statute of Limitations.--There shall be no time limit
for the filing of a complaint commencing an action under
subsection (a).
``(d) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
``(A) is an inhabitant; or
``(B) may be found.
``(e) Relation to Section 230 of the Communications Act of
1934.--Nothing in section 230 of the Communications Act of
1934 (47 U.S.C. 230) shall be construed to impair or limit
any claim brought under subsection (a).
``(f) Rules of Construction.--
``(1) Applicability to legal process or obligation.--
Nothing in this section shall be construed to apply to any
good faith action that is necessary to comply with a valid
court order, subpoena, search warrant, statutory obligation,
or preservation request from law enforcement.
``(2) Knowledge with respect to subsection (a)(2).--For
purposes of a civil action brought under subsection (a)(2),
the term `knowing' shall be construed to mean knowledge of
the instance when, or the course of conduct during which, the
provider--
``(A) hosted or stored the child pornography at issue in
the civil action; or
``(B) made available the child pornography at issue in the
civil action.
``(g) Encryption Technologies.--
``(1) In general.--None of the following actions or
circumstances shall serve as an independent basis for
liability under subsection (a):
``(A) Utilizing full end-to-end encrypted messaging
services, device encryption, or other encryption services.
``(B) Not possessing the information necessary to decrypt a
communication.
``(C) Failing to take an action that would otherwise
undermine the ability to offer full end-to-end encrypted
messaging services, device encryption, or other encryption
services.
``(2) Consideration of evidence.--
``(A) Permitted use.--Evidence of actions or circumstances
described in paragraph (1) shall be admissible in a civil
action brought under subsection (a) only if--
``(i) the actions or circumstances are relevant under rules
401 and 402 of the Federal Rules of Evidence to--
``(I) prove motive, intent, preparation, plan, absence of
mistake, or lack of accident; or
``(II) rebut any evidence or factual or legal claim; and
``(ii) the actions or circumstances--
``(I) are otherwise admissible under the Federal Rules of
Evidence; and
``(II) are not subject to exclusion under rule 403 or any
other rule of the Federal Rules of Evidence.
``(B) Notice.--In a civil action brought under subsection
(a), a plaintiff seeking to introduce evidence of actions or
circumstances under subparagraph (A) of this paragraph
shall--
``(i) provide reasonable notice--
``(I) in writing before trial; or
``(II) in any form during trial if the court, for good
cause, excuses lack of pretrial notice; and
``(ii) articulate in the notice described in clause (i) the
permitted purpose for which the plaintiff intends to offer
the evidence and the reasoning that supports the purpose.
``(3) No effect on discovery.--Nothing in paragraph (1) or
(2) shall be construed to create a defense to a discovery
request or otherwise limit or affect discovery in any civil
action brought under subsection (a).
``(h) Defense.--In a civil action under subsection (a)(2)
involving knowing conduct, it shall be a defense at trial,
which the provider of an interactive computer service must
establish by a preponderance of the evidence as determined by
the finder of fact, that--
``(1) the provider disabled access to or removed the child
pornography within a reasonable timeframe, and in any event
not later than 48 hours after obtaining knowledge that the
child pornography was being hosted, stored, or made available
by the provider (or, in the case of a provider that, for the
most recent calendar year, averaged fewer than 10,000,000
active users on a monthly basis in the United States, within
a reasonable timeframe, and in any event not later than 2
business days after obtaining such knowledge);
``(2) the provider exercised a reasonable, good faith
effort to disable access to or remove the child pornography
but was unable to do so for reasons outside the provider's
control; or
``(3) it is technologically impossible for the provider to
disable access to or remove the child pornography without
compromising encryption technologies.
``(i) Sanctions for Repeated Bad Faith Civil Actions or
Defenses.--
``(1) Definitions.--In this subsection:
``(A) Bad faith civil action.--The term `bad faith civil
action' means a civil action brought under subsection (a) in
bad faith where the finder of fact determines that at the
time the civil action was filed, the party, attorney, or law
firm described in paragraph (2) had actual knowledge that--
``(i) the alleged conduct did not involve any minor; or
``(ii) the alleged child pornography did not depict--
``(I) any minor; or
``(II) sexually explicit conduct, sexual suggestiveness,
full or partial nudity, or implied sexual activity.
``(B) Bad faith defense.--The term `bad faith defense'
means a defense in a civil brought under subsection (a)
raised in bad faith where the finder of fact determines that
at the time the defense was raised, the party, attorney, or
law firm described in paragraph (3) had actual knowledge that
the defense--
``(i) was made solely for purpose of delaying the civil
action or increasing the costs of the civil action; or
``(ii) was objectively baseless in light of the applicable
law or facts at issue.
``(2) Bad faith civil action.--In the case of a civil
action brought under subsection (a), the court may impose
sanctions on--
``(A) the party bringing the civil action if the court
finds that the party has brought 2 or more bad faith civil
actions (which may include the instant civil action); or
``(B) an attorney or law firm representing the party
bringing the civil action if the court finds that the
attorney or law firm has represented--
``(i) a party who has brought 2 or more bad faith civil
actions (which may include the instant civil action); or
``(ii) 2 or more parties who have each brought a bad faith
civil action (which may include the instant civil action).
``(3) Bad faith defense.--In the case of a civil action
brought under subsection (a), the court may impose sanctions
on--
``(A) the party defending the civil action if the court
finds that the party has raised 2 or more bad faith defenses
(which may include 1 or more defenses raised in the instant
civil action); or
``(B) an attorney or law firm representing the party
defending the civil action if the court finds that the
attorney or law firm has represented--
``(i) a party who has raised 2 or more bad faith defenses
(which may include 1 or more defenses raised in the instant
civil action); or
[[Page S4722]]
``(ii) 2 or more parties who have each raised a bad faith
defense (which may include a defense raised in the instant
civil action).
``(4) Implementation.--Rule 11(c) of the Federal Rules of
Civil Procedure shall apply to sanctions imposed under this
subsection in the same manner as that Rule applies to
sanctions imposed for a violation of Rule 11(b) of those
Rules.
``(5) Rules of construction.--
``(A) Rule 11.--This subsection shall not be construed to
limit or expand the application of Rule 11 of the Federal
Rules of Civil Procedure.
``(B) Definition change.--Paragraph (1)(A)(ii) shall not be
construed to apply to a civil action affected by a
contemporaneous change in the law with respect to the
definition of `child pornography'.
``(j) Definitions.--In this section:
``(1) App.--The term `app' means a software application or
electronic service that may be run or directed by a user on a
computer, a mobile device, or any other general purpose
computing device.
``(2) App store.--The term `app store' means a publicly
available website, software application, or other electronic
service that--
``(A) distributes apps from third-party developers to users
of a computer, a mobile device, or any other general purpose
computing device; and
``(B) operates--
``(i) through the use of any means or facility of
interstate or foreign commerce; or
``(ii) in or affecting interstate or foreign commerce.
``(3) Interactive computer service.--The term `interactive
computer service' means an interactive computer service, as
defined in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)), that operates--
``(A) through the use of any means or facility of
interstate or foreign commerce; or
``(B) in or affecting interstate or foreign commerce.
``(k) Savings Clause.--Nothing in this section, including
the defenses under this section, shall be construed to apply
to any civil action brought under any other Federal law,
rule, or regulation, including any civil action brought under
section 2255.''.
(2) Conforming amendment.--The table of sections for
chapter 110 of title 18, United States Code, is amended by
inserting after the item relating to section 2255 the
following:
``2255A. Civil remedy for certain victims of child pornography or child
sexual exploitation.''.
SEC. 1099B. REPORTING AND REMOVAL OF CHILD SEXUAL ABUSE
MATERIAL; ESTABLISHMENT OF CHILD ONLINE
PROTECTION BOARD.
(a) Findings.--Congress finds the following:
(1) Over 40 years ago, the Supreme Court of the United
States ruled in New York v. Ferber, 458 U.S. 747 (1982), that
child sexual abuse material (referred to in this subsection
as ``CSAM'') is a ``category of material outside the
protections of the First Amendment''. The Court emphasized
that children depicted in CSAM are harmed twice: first
through the abuse and exploitation inherent in the creation
of the materials, and then through the continued circulation
of the imagery, which inflicts its own emotional and
psychological injury.
(2) The Supreme Court reiterated this point 10 years ago in
Paroline v. United States, 572 U.S. 434 (2014), when it
explained that CSAM victims suffer ``continuing and grievous
harm as a result of [their] knowledge that a large,
indeterminate number of individuals have viewed and will in
the future view images of the sexual abuse [they] endured''.
(3) In these decisions, the Supreme Court noted that the
distribution of CSAM invades the privacy interests of the
victims.
(4) The co-mingling online of CSAM with other, non-explicit
depictions of the victims links the victim's identity with
the images of their abuse. This further invades a victim's
privacy and disrupts their sense of security, thwarting what
the Supreme Court has described as ``the individual interest
in avoiding disclosure of personal matters''.
(5) The internet is awash with child sexual abuse material.
In 2022, the CyberTipline, operated by the National Center
for Missing & Exploited Children to combat online child
sexual exploitation, received reports about 49,400,000 images
and 37,700,000 videos depicting child sexual abuse.
(6) Since 2017, Project Arachnid, operated by the Canadian
Centre for Child Protection, has sent over 38,000,000 notices
to online providers about CSAM and other exploitive material
found on their platforms. According to the Canadian Centre,
some providers are slow to remove the material, or take it
down only for it to be reposted again a short time later.
(7) This legislation is needed to create an easy-to-use and
effective procedure to get CSAM and harmful related imagery
quickly taken offline and kept offline to protect children,
stop the spread of illegal and harmful content, and thwart
the continued invasion of the victims' privacy.
(b) Implementation.--
(1) Implementation.--Except as provided in paragraph (2),
not later than 1 year after the date of enactment of this
Act, the Child Online Protection Board established under
subsection (d), shall begin operations, at which point
providers shall begin receiving notifications as set forth in
subsection (c)(2).
(2) Extension.--The Commission may extend the deadline
under paragraph (1) by not more than 180 days if the
Commission provides notice of the extension to the public and
to Congress.
(3) Public notice.--The Commission shall provide notice to
the public of the date that the Child Online Protection Board
established under subsection (d) is scheduled to begin
operations on--
(A) the date that is 60 days before such date that the
Board is scheduled to begin operations; and
(B) the date that is 30 days before such date that the
Board is scheduled to begin operations.
(c) Reporting and Removal of Child Sexual Abuse Material.--
(1) In general.--If a provider receives a complete
notification as set forth in paragraph (2)(A) that the
provider is hosting child sexual abuse material, as soon as
possible, but in any event not later than 48 hours after such
notification is received by the provider (or, in the case of
a small provider, not later than 2 business days after such
notification is received by the small provider), the provider
shall--
(A)(i) remove the child sexual abuse material; and
(ii) notify the complainant that it has done so; or
(B) notify the complainant that the provider--
(i) has determined that the visual depiction referenced in
the notification does not constitute child sexual abuse
material;
(ii) is unable to remove the child sexual abuse material
using reasonable means; or
(iii) has determined that the notification is duplicative
under paragraph (2)(C)(i).
(2) Notifications.--
(A) In general.--To be complete under this subsection, a
notification must be a written communication to the
designated reporting system of the provider (or, if the
provider does not have a designated reporting system, a
written communication that is served on the provider in
accordance with subparagraph (F)) that includes the
following:
(i) An identification of, and information reasonably
sufficient to permit the provider to locate, the child sexual
abuse material. Such information may include, at the option
of the complainant, a copy of the child sexual abuse material
or the uniform resource locator where such child sexual abuse
material is located.
(ii) The complainant's name and contact information, to
include a mailing address, telephone number, and an
electronic mail address, except that, if the complainant is
the victim depicted in the child sexual abuse material, the
complainant may elect to use an alias, including for purposes
of the signed statement described in clause (v), and omit a
mailing address.
(iii) If applicable, a statement indicating that the
complainant has previously notified the provider about the
child sexual abuse material which may, at the option of the
complainant, include a copy of the previous notification.
(iv) A statement indicating that the complainant has a good
faith belief that the information in the notification is
accurate.
(v) A signed statement under penalty of perjury indicating
that the notification is submitted by--
(I) the victim depicted in the child sexual abuse material;
(II) an authorized representative of the victim depicted in
the child sexual abuse material; or
(III) a qualified organization.
(B) Inclusion of additional visual depictions in a
notification.--
(i) Multiple items of child sexual abuse material in same
notification.--A notification may contain information about
more than one item of child sexual abuse material, but shall
only be effective with respect to each item of child sexual
abuse material included in the notification to the extent
that the notification includes sufficient information to
identify and locate such item of child sexual abuse material.
(ii) Related exploitive visual depictions.--
(I) In general.--A notification may contain information
about any related exploitive visual depictions associated
with the child sexual abuse material described in the
notification, along with the information described in
subparagraph (A)(i) for each related exploitive visual
depiction. Such notification shall clearly indicate which
visual depiction is a related exploitive visual depiction.
Such notification shall include a statement indicating that
the complainant acknowledges that the provider may, but is
not required to, remove the related exploitive visual
depiction, and that the complainant cannot file a petition
with the Child Online Protection Board concerning any alleged
failure to remove a related exploitive visual depiction.
(II) No obligation.--A provider shall not be required to
take any action under this section concerning a related
exploitive visual depiction. A provider may, in its sole
discretion, remove a related exploitive visual depiction. The
procedure set forth in subsection (g)(1) shall not apply to
related exploitive visual depictions.
(C) Limitation on duplicative notifications.--
(i) In general.--After a complainant has submitted a
notification to a provider, the
[[Page S4723]]
complainant may submit additional notifications at any time
only if the subsequent notifications involve--
(I) a different item of child sexual abuse material;
(II) the same item of child sexual abuse material relating
to a minor that is in a different location; or
(III) recidivist hosting.
(ii) No obligation.--A provider who receives any additional
notifications that do not comply with clause (i) shall not be
required to take any additional action except--
(I) as may be required with respect to the original
notification; and
(II) to notify the complainant as provided in paragraph
(1)(B)(iii).
(D) Incomplete or misdirected notification.--
(i) Requirement to contact complainant regarding
insufficient information.--
(I) Requirement to contact complainant.--If a notification
that is submitted to a provider under this subsection does
not contain sufficient information under subparagraph (A)(i)
to identify or locate the child sexual abuse material that is
the subject of the notification but does contain the
complainant contact information described in subparagraph
(A)(ii), the provider shall, not later than 48 hours after
receiving the notification (or, in the case of a small
provider, not later than 2 business days after such
notification is received by the small provider), contact the
complainant via electronic mail address to obtain such
information.
(II) Effect of complainant providing sufficient
information.--If the provider is able to contact the
complainant and obtain sufficient information to identify or
locate the child sexual abuse material that is the subject of
the notification, the provider shall then proceed as set
forth in paragraph (1), except that the applicable timeframes
described in such paragraph shall commence on the day the
provider receives the information needed to identify or
locate the child sexual abuse material.
(III) Effect of complainant inability to provide sufficient
information.--If the provider is able to contact the
complainant but does not obtain sufficient information to
identify or locate the child sexual abuse material that is
the subject of the notification, the provider shall so notify
the complainant not later than 48 hours after the provider
determines that it is unable to identify or locate the child
sexual abuse material (or, in the case of a small provider,
not later than 2 business days after the small provider makes
such determination), after which no further action by the
provider is required and receipt of the notification shall
not be considered in determining whether the provider has
actual knowledge of any information described in the
notification.
(IV) Effect of complainant failure to respond.--If the
complainant does not respond to the provider's attempt to
contact the complainant under this clause within 14 days of
such attempt, no further action by the provider is required
and receipt of the notification shall not be considered in
determining whether the provider has actual knowledge of any
information described in the notification.
(ii) Treatment of incomplete notification where complainant
cannot be contacted.--If a notification that is submitted to
a provider under this subsection does not contain sufficient
information under subparagraph (A)(i) to identify or locate
the child sexual abuse material that is the subject of the
notification and does not contain the complainant contact
information described in subparagraph (A)(ii) (or if the
provider is unable to contact the complainant using such
information), no further action by the provider is required
and receipt of the notification shall not be considered in
determining whether the provider has actual knowledge of any
information described in the notification.
(iii) Treatment of notification not submitted to designated
reporting system.--If a provider has a designated reporting
system, and a complainant submits a notification under this
subsection to the provider without using such system, the
provider shall not be considered to have received the
notification.
(E) Option to contact complainant regarding the child
sexual abuse material.--
(i) Contact with complainant.--If the provider believes
that the child sexual abuse material referenced in the
notification does not meet the definition of such term as
provided in subsection (q)(10), the provider may, not later
than 48 hours after receiving the notification (or, in the
case of a small provider, not later than 2 business days
after such notification is received by the small provider),
contact the complainant via electronic mail address to so
indicate.
(ii) Failure to respond.--If the complainant does not
respond to the provider within 14 days after receiving the
notification, no further action by the provider is required
and receipt of the notification shall not be considered in
determining whether the provider has actual knowledge of any
information described in the notification.
(iii) Complainant response.--If the complainant responds to
the provider within 14 days after receiving the notification,
the provider shall then proceed as set forth in paragraph
(1), except that the applicable timeframes described in such
paragraph shall commence on the day the provider receives the
complainant's response.
(F) Service of notification where provider has no
designated reporting system; process where complainant cannot
serve provider.--
(i) No designated reporting system.--If a provider does not
have a designated reporting system, a complainant may serve
the provider with a notification under this subsection to the
provider in the same manner that petitions are required to be
served under subsection (g)(4).
(ii) Complainant cannot serve provider.--If a provider does
not have a designated reporting system and a complainant
cannot reasonably serve the provider with a notification as
described in clause (i), the complainant may bring a petition
under subsection (g)(1) without serving the provider with the
notification.
(G) Recidivist hosting.--If a provider engages in
recidivist hosting of child sexual abuse material, in
addition to any action taken under this section, a
complainant may submit a report concerning such recidivist
hosting to the CyberTipline operated by the National Center
for Missing and Exploited Children, or any successor to the
CyberTipline operated by the National Center for Missing and
Exploited Children.
(H) Preservation.--A provider that receives a complete
notification under this subsection shall preserve the
information in such notification in accordance with the
requirements of sections 2713 and 2258A(h) of title 18,
United States Code. For purposes of this subparagraph, the
period for which providers shall be required to preserve
information in accordance with such section 2258A(h) may be
extended in 90-day increments on written request by the
complainant or order of the Board.
(I) Non-disclosure.--Except as otherwise provided in
subsection (g)(19)(C), for 120 days following receipt of a
notification under this subsection, a provider may not
disclose the existence of the notification to any person or
entity except to an attorney for purposes of obtaining legal
advice, the Board, the Commission, a law enforcement agency
described in subparagraph (A), (B), or (C) of section
2258A(g)(3) of title 18, United States Code, the National
Center for Missing and Exploited Children, or as necessary to
respond to legal process. Nothing in the preceding sentence
shall be construed to infringe on the provider's ability to
communicate general information about terms of service
violations.
(d) Establishment of Child Online Protection Board.--
(1) In general.--There is established in the Federal Trade
Commission a Child Online Protection Board, which shall
administer and enforce the requirements of subsection (e) in
accordance with this section.
(2) Officers and staff.--The Board shall be composed of 3
full-time Child Online Protection Officers who shall be
appointed by the Commission in accordance with paragraph
(5)(A). A vacancy on the Board shall not impair the right of
the remaining Child Online Protection Officers to exercise
the functions and duties of the Board.
(3) Child online protection attorneys.--Not fewer than 2
full-time Child Online Protection Attorneys shall be hired to
assist in the administration of the Board.
(4) Technological adviser.--One or more technological
advisers may be hired to assist with the handling of digital
evidence and consult with the Child Online Protection
Officers on matters concerning digital evidence and
technological issues.
(5) Qualifications.--
(A) Officers.--
(i) In general.--Each Child Online Protection Officer shall
be an attorney duly licensed in at least 1 United States
jurisdiction who has not fewer than 7 years of legal
experience concerning child sexual abuse material and
technology-facilitated crimes against children.
(ii) Experience.--Two of the Child Online Protection
Officers shall have substantial experience in the evaluation,
litigation, or adjudication of matters relating to child
sexual abuse material or technology-facilitated crimes
against children.
(B) Attorneys.--Each Child Online Protection Attorney shall
be an attorney duly licensed in at least 1 United States
jurisdiction who has not fewer than 3 years of substantial
legal experience concerning child sexual abuse material and
technology-facilitated crimes against children.
(C) Technological adviser.--A technological adviser shall
have at least one year of specialized experience with digital
forensic analysis.
(6) Compensation.--
(A) Child online protection officers.--
(i) Definition.--In this subparagraph, the term ``senior
level employee of the Federal Government'' means an employee,
other than an employee in the Senior Executive Service, the
position of whom is classified above GS-15 of the General
Schedule.
(ii) Pay range.--Each Child Online Protection Officer shall
be compensated at a rate of pay that is not less than the
minimum, and not more than the maximum, rate of pay payable
for senior level employees of the Federal Government,
including locality pay, as applicable.
(B) Child online protection attorneys.--Each Child Online
Protection Attorney shall be compensated at a rate of pay
that is not more than the maximum rate of pay payable for
level 10 of GS-15 of the General Schedule, including locality
pay, as applicable.
(C) Technological adviser.--A technological adviser of the
Board shall be compensated at a rate of pay that is not more
[[Page S4724]]
than the maximum rate of pay payable for level 10 of GS-14 of
the General Schedule, including locality pay, as applicable.
(7) Vacancy.--If a vacancy occurs in the position of Child
Online Protection Officer, the Commission shall act
expeditiously to appoint an Officer for that position.
(8) Sanction or removal.--Subject to subsection (e)(2), the
Chair of the Commission or the Commission may sanction or
remove a Child Online Protection Officer.
(9) Administrative support.--The Commission shall provide
the Child Online Protection Officers and Child Online
Protection Attorneys with necessary administrative support,
including technological facilities, to carry out the duties
of the Officers and Attorneys under this section. The
Department of Justice may provide equipment for and guidance
on the storage and handling of child sexual abuse material.
(10) Location of board.--The offices and facilities of the
Child Online Protection Officers and Child Online Protection
Attorneys shall be located at the headquarters or other
office of the Commission.
(e) Authority and Duties of the Board.--
(1) Functions.--
(A) Officers.--Subject to the provisions of this section
and applicable regulations, the functions of the Officers of
the Board shall be as follows:
(i) To render determinations on petitions that may be
brought before the Officers under this section.
(ii) To ensure that petitions and responses are properly
asserted and otherwise appropriate for resolution by the
Board.
(iii) To manage the proceedings before the Officers and
render determinations pertaining to the consideration of
petitions and responses, including with respect to
scheduling, discovery, evidentiary, and other matters.
(iv) To request, from participants and nonparticipants in a
proceeding, the production of information and documents
relevant to the resolution of a petition or response.
(v) To conduct hearings and conferences.
(vi) To facilitate the settlement by the parties of
petitions and responses.
(vii) To impose fines as set forth in subsection (g)(24).
(viii) To provide information to the public concerning the
procedures and requirements of the Board.
(ix) To maintain records of the proceedings before the
Officers, certify official records of such proceedings as
needed, and, as provided in subsection (g)(19)(A), make the
records in such proceedings available to the public.
(x) To carry out such other duties as are set forth in this
section.
(xi) When not engaged in performing the duties of the
Officers set forth in this section, to perform such other
duties as may be assigned by the Chair of the Commission or
the Commission.
(B) Attorneys.--Subject to the provisions of this section
and applicable regulations, the functions of the Attorneys of
the Board shall be as follows:
(i) To provide assistance to the Officers of the Board in
the administration of the duties of those Officers under this
section.
(ii) To provide assistance to complainants, providers, and
members of the public with respect to the procedures and
requirements of the Board.
(iii) When not engaged in performing the duties of the
Attorneys set forth in this section, to perform such other
duties as may be assigned by the Commission.
(C) Designated service agents.--The Board may maintain a
publicly available directory of service agents designated to
receive service of petitions filed with the Board.
(2) Independence in determinations.--
(A) In general.--The Board shall render the determinations
of the Board in individual proceedings independently on the
basis of the records in the proceedings before it and in
accordance with the provisions of this section, judicial
precedent, and applicable regulations of the Commission.
(B) Performance appraisals.--Notwithstanding any other
provision of law or any regulation or policy of the
Commission, any performance appraisal of an Officer or
Attorney of the Board may not consider the substantive result
of any individual determination reached by the Board as a
basis for appraisal except to the extent that result may
relate to any actual or alleged violation of an ethical
standard of conduct.
(3) Direction by commission.--Subject to paragraph (2), the
Officers and Attorneys shall, in the administration of their
duties, be under the supervision of the Chair of the
Commission.
(4) Inconsistent duties barred.--An Officer or Attorney of
the Board may not undertake any duty that conflicts with the
duties of the Officer or Attorney in connection with the
Board, to include the obligation to render impartial
determinations on petitions considered by the Board under
this section.
(5) Recusal.--An Officer or Attorney of the Board shall
recuse himself or herself from participation in any
proceeding with respect to which the Officer or Attorney, as
the case may be, has reason to believe that he or she has a
conflict of interest.
(6) Ex parte communications.--Except as may otherwise be
permitted by applicable law, any party or interested owner
involved in a proceeding before the Board shall refrain from
ex parte communications with the Officers of the Board and
the Commission relevant to the merits of such proceeding
before the Board.
(7) Judicial review.--Actions of the Officers and the
Commission under this section in connection with the
rendering of any determination are subject to judicial review
as provided under subsection (g)(28).
(f) Conduct of Proceedings of the Board.--
(1) In general.--Proceedings of the Board shall be
conducted in accordance with this section and regulations
established by the Commission under this section, in addition
to relevant principles of law.
(2) Record.--The Board shall maintain records documenting
the proceedings before the Board.
(3) Centralized process.--Proceedings before the Board
shall--
(A) be conducted at the offices of the Board without the
requirement of in-person appearances by parties or others;
(B) take place by means of written submissions, hearings,
and conferences carried out through internet-based
applications and other telecommunications facilities, except
that, in cases in which physical or other nontestimonial
evidence material to a proceeding cannot be furnished to the
Board through available telecommunications facilities, the
Board may make alternative arrangements for the submission of
such evidence that do not prejudice any party or interested
owner; and
(C) be conducted and concluded in an expeditious manner
without causing undue prejudice to any party or interested
owner.
(4) Representation.--
(A) In general.--A party or interested owner involved in a
proceeding before the Board may be, but is not required to
be, represented by--
(i) an attorney; or
(ii) a law student who is qualified under applicable law
governing representation by law students of parties in legal
proceedings and who provides such representation on a pro
bono basis.
(B) Representation of victims.--
(i) In general.--A petition involving a victim under the
age of 16 at the time the petition is filed shall be filed by
an authorized representative, qualified organization, or a
person described in subparagraph (A).
(ii) No requirement for qualified organizations to have
contact with, or knowledge of, victim.--A qualified
organization may submit a notification to a provider or file
a petition on behalf of a victim without regard to whether
the qualified organization has contact with the victim or
knows the identity, location, or contact information of the
victim.
(g) Procedures to Contest a Failure to Remove Child Sexual
Abuse Material or a Notification Reporting Child Sexual Abuse
Material.--
(1) Procedure to contest a failure to remove.--
(A) Complainant petition.--A complainant may file a
petition to the Board claiming that, as applicable--
(i) the complainant submitted a complete notification to a
provider concerning alleged child sexual abuse material, and
that--
(I) the provider--
(aa) did not remove the alleged child sexual abuse material
within the timeframe required under subsection (c)(1)(A)(i);
or
(bb) incorrectly claimed that--
(AA) the alleged child sexual abuse material at issue could
not be located or removed through reasonable means;
(BB) the notification was incomplete; or
(CC) the notification was duplicative under subsection
(c)(2)(C)(i); and
(II) did not file a timely petition to contest the
notification with the Board under paragraph (2); or
(ii) a provider is hosting alleged child sexual abuse
material, does not have a designated reporting system, and
the complainant was unable to serve a notification on the
provider under this subsection despite reasonable efforts.
(B) Additional claim.--As applicable, a petition filed
under subparagraph (A) may also claim that the alleged child
sexual abuse material at issue in the petition involves
recidivist hosting.
(C) Timeframe.--
(i) In general.--A petition under this paragraph shall be
considered timely if it is filed within 30 days of the
applicable start date, as defined under clause (ii).
(ii) Applicable start date.--For purposes of clause (i),
the term ``applicable start date'' means--
(I) in the case of a petition under subparagraph (A)(i)
claiming that the alleged child sexual abuse material was not
removed or that the provider made an incorrect claim relating
to the alleged child sexual abuse material or notification,
the day that the provider's option to file a petition has
expired under paragraph (2)(B); and
(II) in the case of a petition under subparagraph (A)(ii)
related to a notification that could not be served, the last
day of the 2-week period that begins on the day on which the
complainant first attempted to serve a notification on the
provider involved.
(D) Identification of victim.--Any petition filed to the
Board by the victim or an authorized representative of the
victim shall include the victim's legal name. A petition
filed to the Board by a qualified organization may, but is
not required to, include the victim's legal name. Any
petition containing the victim's legal name shall be filed
under seal. The victim's legal name shall be redacted from
any documents served on the provider and interested owner or
made publicly available.
[[Page S4725]]
(E) Failure to remove child sexual abuse material in timely
manner.--A complainant may file a petition under subparagraph
(A)(i) claiming that alleged child sexual abuse material was
not removed even if the alleged child sexual abuse material
was removed prior to the petition being filed, so long as the
petition claims that the alleged child sexual abuse material
was not removed within the timeframe specified in subsection
(c)(1).
(2) Procedure to contest a notification.--
(A) Provider petition.--If a provider receives a complete
notification as described in subsection (c)(2) through its
designated reporting system or in accordance with subsection
(c)(2)(F)(i), the provider may file a petition to the Board
claiming that the provider has a good faith belief that, as
applicable--
(i) the visual depiction that is the subject of the
notification does not constitute child sexual abuse material;
(ii) the notification is frivolous or was submitted with an
intent to harass the provider or any person;
(iii) the alleged child sexual abuse material cannot
reasonably be located by the provider;
(iv) for reasons beyond the control of the provider, the
provider cannot remove the alleged child sexual abuse
material using reasonable means; or
(v) the notification was duplicative under subsection
(c)(2)(C)(i).
(B) Timeframe.--
(i) In general.--Subject to clauses (ii) and (iii), a
petition contesting a notification under this paragraph shall
be considered timely if it is filed by a provider not later
than 14 days after the day on which the provider receives the
notification or the notification is made complete under
subsection (c)(2)(D)(i).
(ii) No designated reporting system.--Subject to clause
(iii), if a provider does not have a designated reporting
system, a petition contesting a notification under this
paragraph shall be considered timely if it is filed by a
provider not later than 7 days after the day on which the
provider receives the notification or the notification is
made complete under subsection (c)(2)(D)(i).
(iii) Small providers.--In the case of a small provider,
each of the timeframes applicable under clauses (i) and (ii)
shall be increased by 48 hours.
(3) Commencement of proceeding.--
(A) In general.--In order to commence a proceeding under
this section, a petitioning party shall, subject to such
additional requirements as may be prescribed in regulations
established by the Commission, file a petition with the
Board, that includes a statement of claims and material facts
in support of each claim in the petition. A petition may set
forth more than one claim. A petition shall also include
information establishing that it has been filed within the
applicable timeframe.
(B) Review of petitions by child online protection
attorneys.--Child Online Protection Attorneys may review
petitions to assess whether they are complete. The Board may
permit a petitioning party to refile a defective petition.
The Attorney may assist the petitioning party in making any
corrections.
(C) Dismissal.--The Board may dismiss, with or without
prejudice, any petition that fails to comply with
subparagraph (A).
(4) Service of process requirements for petitions.--
(A) In general.--For purposes of petitions under paragraphs
(1) and (2), the petitioning party shall, at or before the
time of filing a petition, serve a copy on the other party. A
corporation, partnership, or unincorporated association that
is subject to suit in courts of general jurisdiction under a
common name shall be served by delivering a copy of the
petition to its service agent, if one has been so designated.
(B) Manner of service.--
(i) Service by nondigital means.--Service by nondigital
means may be any of the following:
(I) Personal, including delivery to a responsible person at
the office of counsel.
(II) By priority mail.
(III) By third-party commercial carrier for delivery within
3 days.
(ii) Service by digital means.--Service of a paper may be
made by sending it by any digital means, including through a
provider's designated reporting system.
(iii) When service is completed.--Service by mail or by
commercial carrier is complete 3 days after the mailing or
delivery to the carrier. Service by digital means is complete
on filing or sending, unless the party making service is
notified that the paper was not received by the party served.
(C) Proof of service.--A petition filed under paragraph (1)
or (2) shall contain--
(i) an acknowledgment of service by the person served;
(ii) proof of service consisting of a statement by the
person who made service certifying--
(I) the date and manner of service;
(II) the names of the persons served; and
(III) their mail or electronic addresses, facsimile
numbers, or the addresses of the places of delivery, as
appropriate for the manner of service; or
(iii) a statement indicating that service could not
reasonably be completed.
(D) Attorney fees and costs.--Except as otherwise provided
in this subsection, all parties to a petition shall bear
their own attorney fees and costs.
(5) Service of other documents.--Documents submitted or
relied upon in a proceeding, other than the petition, shall
be served in accordance with regulations established by the
Commission.
(6) Notification of right to opt out.--In order to
effectuate service on a responding party, the petition shall
notify the responding party of their right to opt out of the
proceeding before the Board, and the consequences of opting
out and not opting out, including a prominent statement that
by not opting out the respondent--
(A) loses the opportunity to have the dispute decided by a
court created under article III of the Constitution of the
United States; and
(B) waives the right to a jury trial regarding the dispute.
(7) Initial proceedings.--
(A) Conference.--Within 1 week of completion of service of
a petition under paragraph (4), 1 or more Officers of the
Board shall hold a conference to address the matters
described in subparagraphs (B) and (C).
(B) Opt-out procedure.--At the conference, an Officer of
the Board shall explain that the responding party has a right
to opt out of the proceeding before the Board, and describe
the consequences of opting out and not opting out as
described in paragraph (6). A responding party shall have a
period of 30 days, beginning on the date of the conference,
in which to provide written notice of such choice to the
petitioning party and the Board. If the responding party does
not submit an opt-out notice to the Board within that 30-day
period, the proceeding shall be deemed an active proceeding
and the responding party shall be bound by the determination
in the proceeding. If the responding party opts out of the
proceeding during that 30-day period, the proceeding shall be
dismissed without prejudice. For purposes of any subsequent
litigation or other legal proceeding, no adverse inference
shall be drawn from a responding party's decision to opt out
of a proceeding before the Board under this subparagraph.
(C) Disabling access.--At the conference, except for
petitions setting forth claims described in clauses (iii) and
(iv) of paragraph (2)(A), an Officer of the Board shall order
the provider involved to disable public and user access to
the alleged child sexual abuse material at issue in the
petition for the pendency of the proceeding, including
judicial review as provided in subsection (g)(28), unless the
Officer of the Board finds that--
(i) it is likely that the Board will find that the petition
is frivolous or was filed with an intent to harass any
person;
(ii) there is a probability that disabling public and user
access to such alleged child sexual abuse material will cause
irreparable harm;
(iii) the balance of equities weighs in favor of preserving
public and user access to the alleged child sexual abuse
material; and
(iv) disabling public and user access to the alleged child
sexual abuse material is contrary to the public interest.
(D) Effect of failure to disable access.--
(i) Provider petition.--If the petition was filed by a
provider, and the provider fails to comply with an order
issued pursuant to subparagraph (B), the Board may--
(I) dismiss the petition with prejudice; and
(II) refer the matter to the Attorney General.
(ii) Effect of dismissal.--If a provider's petition is
dismissed under clause (i)(I), the complainant may bring a
petition under paragraph (1) as if the provider did not file
a petition within the timeframe specified in paragraph
(2)(B). For purposes of paragraph (1)(C)(ii), the applicable
start date shall be the date the provider's petition was
dismissed.
(iii) Complainant petition.--If the petition was filed by a
complainant, and the provider fails to comply with an order
issued pursuant to subparagraph (B), the Board--
(I) shall--
(aa) expedite resolution of the petition; and
(bb) refer the matter to the Attorney General; and
(II) may apply an adverse inference with respect to
disputed facts against such provider.
(8) Scheduling.--Upon receipt of a complete petition and at
the conclusion of the opt out procedure described in
paragraph (7), the Board shall issue a schedule for the
future conduct of the proceeding. A schedule issued by the
Board may be amended by the Board in the interests of
justice.
(9) Conferences.--One or more Officers of the Board may
hold a conference to address case management or discovery
issues in a proceeding, which shall be noted upon the record
of the proceeding and may be recorded or transcribed.
(10) Party submissions.--A proceeding of the Board may not
include any formal motion practice, except that, subject to
applicable regulations and procedures of the Board--
(A) the parties to the proceeding and an interested owner
may make requests to the Board to address case management and
discovery matters, and submit responses thereto; and
(B) the Board may request or permit parties and interested
owners to make submissions addressing relevant questions of
fact or law, or other matters, including matters raised sua
sponte by the Officers of the Board, and offer responses
thereto.
[[Page S4726]]
(11) Discovery.--
(A) In general.--Discovery in a proceeding shall be limited
to the production of relevant information and documents,
written interrogatories, and written requests for admission,
as provided in regulations established by the Commission,
except that--
(i) upon the request of a party, and for good cause shown,
the Board may approve additional relevant discovery, on a
limited basis, in particular matters, and may request
specific information and documents from parties in the
proceeding, consistent with the interests of justice;
(ii) upon the request of a party or interested owner, and
for good cause shown, the Board may issue a protective order
to limit the disclosure of documents or testimony that
contain confidential information;
(iii) after providing notice and an opportunity to respond,
and upon good cause shown, the Board may apply an adverse
inference with respect to disputed facts against a party or
interested owner who has failed to timely provide discovery
materials in response to a proper request for materials that
could be relevant to such facts; and
(iv) an interested owner shall only produce or receive
discovery to the extent it relates to whether the visual
depiction at issue constitutes child sexual abuse material.
(B) Privacy.--Any alleged child sexual abuse material
received by the Board or the Commission as part of a
proceeding shall be filed under seal and shall remain in the
care, custody, and control of the Board or the Commission.
For purposes of discovery, the Board or Commission shall make
the alleged child sexual abuse material reasonably available
to the parties and interested owner but shall not provide
copies. The privacy protections described in section 3509(d)
of title 18, United States Code, shall apply to the Board,
Commission, provider, complainant, and interested owner.
(12) Responses.--The responding party may refute any of the
claims or factual assertions made by the petitioning party,
and may also claim that the petition was not filed in the
applicable timeframe or is barred under subsection (h). If a
complainant is the petitioning party, a provider may
additionally claim in response that the notification was
incomplete and could not be made complete under subsection
(c)(2)(D)(i). The petitioning party may refute any responses
submitted by the responding party.
(13) Interested owner.--An individual notified under
paragraph (19)(C)(ii) may, within 14 days of being so
notified, file a motion to join the proceeding for the
limited purpose of claiming that the visual depiction at
issue does not constitute child sexual abuse material. The
Board shall serve the motion on both parties. Such motion
shall include a factual basis and a signed statement,
submitted under penalty of perjury, indicating that the
individual produced or created the visual depiction at issue.
The Board shall dismiss any motion that does not include the
signed statement or that was submitted by an individual who
did not produce or create the visual depiction at issue. If
the motion is granted, the interested owner may also claim
that the notification and petition were filed with an intent
to harass the interested owner. Any party may refute the
claims and factual assertions made by the interested owner.
(14) Evidence.--The Board may consider the following types
of evidence in a proceeding, and such evidence may be
admitted without application of formal rules of evidence:
(A) Documentary and other nontestimonial evidence that is
relevant to the petitions or responses in the proceeding.
(B) Testimonial evidence, submitted under penalty of
perjury in written form or in accordance with paragraph (15),
limited to statements of the parties and nonexpert witnesses,
that is relevant to the petitions or responses in a
proceeding, except that, in exceptional cases, expert witness
testimony or other types of testimony may be permitted by the
Board for good cause shown.
(15) Hearings.--Unless waived by all parties, the Board
shall conduct a hearing to receive oral presentations on
issues of fact or law from parties and witnesses to a
proceeding, including oral testimony, subject to the
following:
(A) Any such hearing shall be attended by not fewer than
two of the Officers of the Board.
(B) The hearing shall be noted upon the record of the
proceeding and, subject to subparagraph (C), may be recorded
or transcribed as deemed necessary by the Board.
(C) A recording or transcript of the hearing shall be made
available to any Officer of the Board who is not in
attendance.
(16) Voluntary dismissal.--
(A) By petitioning party.--Upon the written request of a
petitioning party, the Board shall dismiss the petition, with
or without prejudice.
(B) By responding party or interested owner.--Upon written
request of a responding party or interested owner, the Board
shall dismiss any responses to the petition, and shall
consider all claims and factual assertions in the petition to
be true.
(17) Factual findings.--Subject to paragraph (11)(A)(iii),
the Board shall make factual findings based upon a
preponderance of the evidence.
(18) Determinations.--
(A) Nature and contents.--A determination rendered by the
Board in a proceeding shall--
(i) be reached by a majority of the Board;
(ii) be in writing, and include an explanation of the
factual and legal basis of the determination; and
(iii) include a clear statement of all fines, costs, and
other relief awarded.
(B) Dissent.--An Officer of the Board who dissents from a
decision contained in a determination under subparagraph (A)
may append a statement setting forth the grounds for that
dissent.
(19) Publication and disclosure.--
(A) Publication.--Each final determination of the Board
shall be made available on a publicly accessible website,
except that the final determination shall be redacted to
protect confidential information that is the subject of a
protective order under paragraph (11)(A)(ii) or information
protected pursuant to paragraph (11)(B) and any other
information protected from public disclosure under the
Federal Trade Commission Act or any other applicable
provision of law.
(B) Freedom of information act.--All information relating
to proceedings of the Board under this section is exempt from
disclosure to the public under section 552(b)(3) of title 5,
except for determinations, records, and information published
under subparagraph (A). Any information that is disclosed
under this subparagraph shall have redacted any information
that is the subject of a protective order under paragraph
(11)(A)(ii) or protected pursuant to paragraph (11)(B).
(C) Effect of petition on non-disclosure period.--
(i) Submission of a petition extends the non-disclosure
period under subsection (c)(2)(I) for the pendency of the
proceeding. The provider may submit an objection to the Board
that nondisclosure is contrary to the interests of justice.
The complainant may, but is not required to, respond to the
objection. The Board should sustain the objection unless
there is reason to believe that the circumstances in section
3486(a)(6)(B) of title 18, United States Code, exist and
outweigh the interests of justice.
(ii) If the Board sustains an objection to the
nondisclosure period, the provider or the Board may notify
the apparent owner of the visual depiction at issue about the
proceeding, and include instructions on how the owner may
move to join the proceeding under paragraph (13).
(iii) If applicable, the nondisclosure period expires 120
days after the Board's determination becomes final, except it
shall expire immediately upon the Board's determination
becoming final if the Board finds that the visual depiction
at issue is not child sexual abuse material.
(iv) The interested owner of a visual depiction at issue
may not bring any legal action against any party related to
the alleged child sexual abuse material until the Board's
determination is final. Once the determination is final, the
interested owner of the visual depiction may pursue any legal
relief available under the law, subject to subsections (h),
(k), and (l).
(20) Responding party's default.--If the Board finds that
service of the petition on the responding party could not
reasonably be completed, or the responding party has failed
to appear or has ceased participating in a proceeding, as
demonstrated by the responding party's failure, without
justifiable cause, to meet one or more deadlines or
requirements set forth in the schedule adopted by the Board,
the Board may enter a default determination, including the
dismissal of any responses asserted by the responding party,
as follows and in accordance with such other requirements as
the Commission may establish by regulation:
(A) The Board shall require the petitioning party to submit
relevant evidence and other information in support of the
petitioning party's claims and, upon review of such evidence
and any other requested submissions from the petitioning
party, shall determine whether the materials so submitted are
sufficient to support a finding in favor of the petitioning
party under applicable law and, if so, the appropriate relief
and damages, if any, to be awarded.
(B) If the Board makes an affirmative determination under
subparagraph (A), the Board shall prepare a proposed default
determination, and shall provide written notice to the
responding party at all addresses, including electronic mail
addresses, reflected in the records of the proceeding before
the Board, of the pendency of a default determination by the
Board and of the legal significance of such determination.
Such notice shall be accompanied by the proposed default
determination and shall provide that the responding party has
a period of 30 days, beginning on the date of the notice, to
submit any evidence or other information in opposition to the
proposed default determination.
(C) If the responding party responds to the notice provided
under subparagraph (B) within the 30-day period provided in
such subparagraph, the Board shall consider responding
party's submissions and, after allowing the petitioning party
to address such submissions, maintain, or amend its proposed
determination as appropriate, and the resulting determination
shall not be a default determination.
(D) If the respondent fails to respond to the notice
provided under subparagraph (B), the Board shall proceed to
issue the default determination. Thereafter, the respondent
may only challenge such determination to the extent permitted
under paragraph (28).
(21) Petitioning party or interested owner's failure to
proceed.--If a petitioning party or interested owner who has
[[Page S4727]]
joined the proceeding fails to proceed, as demonstrated by
the failure, without justifiable cause, to meet one or more
deadlines or requirements set forth in the schedule adopted
by the Board, the Board may, upon providing written notice to
the petitioning party or interested owner and a period of 30
days, beginning on the date of the notice, to respond to the
notice, and after considering any such response, issue a
determination dismissing the claims made by the petitioning
party or interested owner. The Board may order the
petitioning party to pay attorney fees and costs under
paragraph (26)(B), if appropriate. Thereafter, the
petitioning party may only challenge such determination to
the extent permitted under paragraph (28).
(22) Request for reconsideration.--A party or interested
owner may, within 30 days after the date on which the Board
issues a determination under paragraph (18), submit to the
Board a written request for reconsideration of, or an
amendment to, such determination if the party or interested
owner identifies a clear error of law or fact material to the
outcome, or a technical mistake. After providing the other
parties an opportunity to address such request, the Board
shall either deny the request or issue an amended
determination.
(23) Review by commission.--If the Board denies a party or
interested owner a request for reconsideration of a
determination under paragraph (22), the party or interested
owner may, within 30 days after the date of such denial,
request review of the determination by the Commission in
accordance with regulations established by the Commission.
After providing the other party or interested owner an
opportunity to address the request, the Commission shall
either deny the request for review, or remand the proceeding
to the Board for reconsideration of issues specified in the
remand and for issuance of an amended determination. Such
amended determination shall not be subject to further
consideration or review, other than under paragraph (28).
(24) Favorable ruling on complainant petition.--
(A) In general.--If the Board grants a complainant's
petition filed under this section, notwithstanding any other
law, the Board shall--
(i) order the provider to immediately remove the child
sexual abuse material, and to permanently delete all copies
of the child sexual abuse material known to and under the
control of the provider unless the Board orders the provider
to preserve the child sexual abuse material;
(ii) impose a fine of $50,000 per item of child sexual
abuse material covered by the determination, but if the Board
finds that--
(I) the provider removed the child sexual abuse material
after the period set forth in subsection (c)(1)(A)(i), but
before the complainant filed a petition, such fine shall be
$25,000;
(II) the provider has engaged in recidivist hosting for the
first time with respect to the child sexual abuse material at
issue, such fine shall be $100,000 per item of child sexual
abuse material; or
(III) the provider has engaged in recidivist hosting of the
child sexual abuse material at issue 2 or more times, such
fine shall be $200,000 per item of child sexual abuse
material;
(iii) order the provider to pay reasonable costs to the
complainant; and
(iv) refer any matters involving intentional or willful
conduct by a provider with respect to child sexual abuse
material, or recidivist hosting, to the Attorney General for
prosecution under any applicable laws.
(B) Provider payment of fine and costs.--Notwithstanding
any other law, the Board shall direct a provider to promptly
pay fines and costs imposed under subparagraph (A) as
follows:
(i) If the petition was filed by a victim, such fine and
costs shall be paid to the victim.
(ii) If the petition was filed by an authorized
representative of a victim--
(I) 30 percent of such fine shall be paid to the authorized
representative and 70 percent of such fine paid to the
victim; and
(II) costs shall be paid to the authorized representative.
(iii) If the petition was filed by a qualified
organization--
(I) the fine shall be paid to the Child Pornography Victims
Reserve as provided in section 2259B of title 18, United
States Code; and
(II) costs shall be paid to the qualified organization.
(25) Effect of denial of provider petition.--
(A) In general.--If the Board denies a provider's petition
to contest a notification filed under paragraph (2), it shall
order the provider to immediately remove the child sexual
abuse material, and to permanently delete all copies of the
child sexual abuse material known to and under the control of
the provider unless the Board orders the provider to preserve
the child sexual abuse material.
(B) Referral for failure to remove material.--If a provider
does not remove and, if applicable, permanently delete child
sexual abuse material within 48 hours of the Board issuing a
determination under subparagraph (A), or not later than 2
business days of the Board issuing a determination under
subparagraph (A) concerning a small provider, the Board shall
refer the matter to the Attorney General for prosecution
under any applicable laws.
(C) Costs for frivolous petition.--If the Board finds that
a provider filed a petition under paragraph (2) for a
harassing or improper purpose or without reasonable basis in
law or fact, the Board shall order the provider to pay the
reasonable costs of the complainant.
(26) Effect of denial of complainant's petition or
favorable ruling on provider's petition.--
(A) Restoration.--If the Board grants a provider's petition
filed under paragraph (2) or if the Board denies a petition
filed by the complainant under paragraph (1), the provider
may restore access to any visual depiction that was at issue
in the proceeding.
(B) Costs for incomplete or frivolous notification and
harassment.--If, in granting or denying a petition as
described in subparagraph (A), the Board finds that the
notification contested in the petition could not be made
complete under subsection (c)(2)(D), is frivolous, or is
duplicative under subsection (c)(2)(C)(i), the Board may
order the complainant to pay costs to the provider and any
interested owner, which shall not exceed a total of $10,000,
or, if the Board finds that the complainant filed the
notification with an intent to harass the provider or any
person, a total of $15,000.
(27) Civil action; other relief.--
(A) In general.--Whenever any provider or complainant fails
to comply with a final determination of the Board issued
under paragraph (18), the Department of Justice may commence
a civil action in a district court of the United States to
enforce compliance with such determination.
(B) Savings clause.--Nothing in this section shall be
construed to limit the authority of the Commission or
Department of Justice under any other provision of law.
(28) Challenges to the determination.--
(A) Bases for challenge.--Not later than 45 days after the
date on which the Board issues a determination or amended
determination in a proceeding, or not later than 45 days
after the date on which the Board completes any process of
reconsideration or the Commission completes a review of the
determination, whichever occurs later, a party may seek an
order from a district court, located where the provider or
complainant conducts business or resides, vacating,
modifying, or correcting the determination of the Board in
the following cases:
(i) If the determination was issued as a result of fraud,
corruption, misrepresentation, or other misconduct.
(ii) If the Board exceeded its authority or failed to
render a determination concerning the subject matter at
issue.
(iii) In the case of a default determination or
determination based on a failure to prosecute, if it is
established that the default or failure was due to excusable
neglect.
(B) Procedure to challenge.--
(i) Notice of application.--Notice of the application to
challenge a determination of the Board shall be provided to
all parties to the proceeding before the Board, in accordance
with the procedures applicable to service of a motion in the
court where the application is made.
(ii) Staying of proceedings.--For purposes of an
application under this paragraph, any judge who is authorized
to issue an order to stay the proceedings in an any other
action brought in the same court may issue an order, to be
served with the notice of application, staying proceedings to
enforce the award while the challenge is pending.
(29) Final determination.--A determination of the Board
shall be final on the date that all opportunities for a party
or interested owner to seek reconsideration or review of a
determination under paragraph (22) or (23), or for a party to
challenge the determination under paragraph (28), have
expired or are exhausted.
(h) Effect of Proceeding.--
(1) Subsequent proceedings.--The issuance of a final
determination by the Board shall preclude the filing by any
party of any subsequent petition that is based on the
notification at issue in the final determination. This
paragraph shall not limit the ability of any party to file a
subsequent petition based on any other notification.
(2) Determination.--Except as provided in paragraph (1),
the issuance of a final determination by the Board, including
a default determination or determination based on a failure
to prosecute, shall, solely with respect to the parties to
such determination, preclude relitigation of any claim or
response asserted and finally determined by the Board in any
subsequent legal action or proceeding before any court,
tribunal, or the Board, and may be relied upon for such
purpose in a future action or proceeding arising from the
same specific activity, subject to the following:
(A) No interested owner may relitigate any claim or
response that was properly asserted and considered by the
Board in any subsequent proceeding before the Board involving
the same interested owner and the same child sexual abuse
material.
(B) A finding by the Board that a visual depiction
constitutes child sexual abuse material--
(i) may not be relitigated in any civil proceeding brought
by an interested owner; and
(ii) may not be relied upon, and shall not have preclusive
effect, in any other action or proceeding involving any party
before any court or tribunal other than the Board.
(C) A determination by the Board shall not preclude
litigation or relitigation as between the same or different
parties before any
[[Page S4728]]
court or tribunal other than the Board of the same or similar
issues of fact or law in connection with allegations or
responses not asserted or not finally determined by the
Board.
(D) Except to the extent permitted under this subsection,
any determination of the Board may not be cited or relied
upon as legal precedent in any other action or proceeding
before any court or tribunal, including the Board.
(3) Other materials in proceeding.--A submission or
statement of a party, interested owner, or witness made in
connection with a proceeding before the Board, including a
proceeding that is dismissed, may not serve as the basis of
any action or proceeding before any court or tribunal except
for any legal action related to perjury or for conduct
described in subsection (k)(2). A statement of a party,
interested owner, or witness may be received as evidence, in
accordance with applicable rules, in any subsequent legal
action or proceeding before any court, tribunal, or the
Board.
(4) Failure to assert response.--Except as provided in
paragraph (1), the failure or inability to assert any
allegation, factual claim, or response in a proceeding before
the Board shall not preclude the assertion of that response
in any subsequent legal action or proceeding before any
court, tribunal, or the Board.
(i) Administration.--The Commission may issue regulations
in accordance with section 553 of title 5, United States
Code, to implement this section.
(j) Study.--
(1) In general.--Not later than 3 years after the date on
which Child Online Protection Board issues the first
determination under this section, the Commission shall
conduct, and report to Congress on, a study that addresses
the following:
(A) The use and efficacy of the Child Online Protection
Board in expediting the removal of child sexual abuse
material and resolving disputes concerning alleged child
sexual abuse material, including the number of proceedings
the Child Online Protection Board could reasonably administer
with current allocated resources.
(B) Whether adjustments to the authority of the Child
Online Protection Board are necessary or advisable, including
with respect to permissible claims, responses, fines, costs,
and joinder by interested parties.
(C) Whether the Child Online Protection Board should be
permitted to expire, be extended, or be expanded.
(D) Such other matters as the Commission believes may be
pertinent concerning the Child Online Protection Board.
(2) Consultation.--In conducting the study and completing
the report required under paragraph (1), the Commission
shall, to the extent feasible, consult with complainants,
victims, and providers to include their views on the matters
addressed in the study and report.
(k) Limited Liability.--
(1) In general.--Except as provided in paragraph (2), a
civil claim or criminal charge against the Board, a provider,
a complainant, interested owner, or representative under
subsection (f)(4), for distributing, receiving, accessing, or
possessing child sexual abuse material for the sole and
exclusive purpose of complying with the requirements of this
section, or for the sole and exclusive purpose of seeking or
providing legal advice in order to comply with this section,
may not be brought in any Federal or State court.
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) shall not apply to a claim against the Board, a provider,
a complainant, interested owner, or representative under
subsection (f)(4)--
(A) for any conduct unrelated to compliance with the
requirements of this section;
(B) if the Board, provider, complainant, interested owner,
or representative under subsection (f)(4) (as applicable)--
(i) engaged in intentional misconduct; or
(ii) acted, or failed to act--
(I) with actual malice; or
(II) with reckless disregard to a substantial risk of
causing physical injury without legal justification; or
(C) in the case of a claim against a complainant, if the
complainant falsely claims to be a victim, an authorized
representative of a victim, or a qualified organization.
(3) Minimizing access.--The Board, a provider, a
complainant, an interested owner, or a representative under
subsection (f)(4) shall--
(A) minimize the number of individuals that are provided
access to any alleged, contested, or actual child sexual
abuse material under this section;
(B) ensure that any alleged, contested, or actual child
sexual abuse material is transmitted and stored in a secure
manner and is not distributed to or accessed by any
individual other than as needed to implement this section;
and
(C) ensure that all copies of any child sexual abuse
material are permanently deleted upon a request from the
Board, Commission, or the Federal Bureau of Investigation.
(l) Provider Immunity From Claims Based on Removal of
Visual Depiction.--A provider shall not be liable to any
person for any claim based on the provider's good faith
removal of any visual depiction that is alleged to be child
sexual abuse material pursuant to a notification under this
section, regardless of whether the visual depiction involved
is found to be child sexual abuse material by the Board. A
provider shall not be liable to any person for any claim
based on the provider's good faith discretionary removal of
any alleged related exploitive visual depictions pursuant to
a notification under this section.
(m) Discovery.--Nothing in this section affects discovery,
a subpoena or any other court order, or any other judicial
process otherwise in accordance with Federal or State law.
(n) Rule of Construction.--Nothing in this section shall be
construed to relieve a provider from any obligation imposed
on the provider under section 2258A of title 18, United
States Code.
(o) Funding.--There are authorized to be appropriated to
pay the costs incurred by the Commission under this section,
including the costs of establishing and maintaining the Board
and its facilities, $40,000,000 for each year during the
period that begins with the year in which this Act is enacted
and ends with the year in which certain subsections of this
section expire under subsection (p).
(p) Sunset.--Except for subsections (a), (h), (k), (l),
(m), (n), and (q), this section shall expire 5 years after
the date on which the Child Online Protection Board issues
its first determination under this section.
(q) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Child Online
Protection Board established under subsection (d).
(2) Child sexual abuse material.--The term ``child sexual
abuse material'' has the meaning provided in section 2256(8)
of title 18, United States Code.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Complainant.--The term ``complainant'' means--
(A) the victim appearing in the child sexual abuse
material;
(B) an authorized representative of the victim appearing in
the child sexual abuse material; or
(C) a qualified organization.
(5) Designated reporting system.--The term ``designated
reporting system'' means a digital means of submitting a
notification to a provider under this subsection that is
publicly and prominently available, easily accessible, and
easy to use.
(6) Host.--The term ``host'' means to store or make a
visual depiction available or accessible to the public or any
users through digital means or on a system or network
controlled or operated by or for a provider.
(7) Identifiable person.--The term ``identifiable person''
means a person who is recognizable as an actual person by the
person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature.
(8) Interested owner.--The term ``interested owner'' means
an individual who has joined a proceeding before the Board
under subsection (g)(13).
(9) Party.--The term ``party'' means the complainant or
provider.
(10) Provider.--The term ``provider'' means a provider of
an interactive computer service, as that term is defined in
section 230 of the Communications Act of 1934 (47 U.S.C.
230), and for purposes of subsections (k) and (l), includes
any director, officer, employee, or agent of such provider.
(11) Qualified organization.--The term ``qualified
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from tax under section 501(a) of that Code that works to
address child sexual abuse material and to support victims of
child sexual abuse material.
(12) Recidivist hosting.--The term ``recidivist hosting''
means, with respect to a provider, that the provider removes
child sexual abuse material pursuant to a notification or
determination under this subsection, and then subsequently
hosts a visual depiction that has the same hash value or
other technical identifier as the child sexual abuse material
that had been so removed.
(13) Related exploitive visual depiction.--The term
``related exploitive visual depiction'' means a visual
depiction of an identifiable person of any age where--
(A) such visual depiction does not constitute child sexual
abuse material, but is published with child sexual abuse
material depicting that person while under 18 years of age;
and
(B) there is a connection between such visual depiction and
the child sexual abuse material depicting that person while
under 18 years of age that is readily apparent from--
(i) the content of such visual depiction and the child
sexual abuse material; or
(ii) the context in which such visual depiction and the
child sexual abuse material appear.
(14) Small provider.--The term ``small provider'' means a
provider that, for the most recent calendar year, averaged
less than 10,000,000 active users on a monthly basis in the
United States.
(15) Victim.--
(A) In general.--The term ``victim'' means an individual of
any age who is depicted in child sexual abuse material while
under 18 years of age.
(B) Assumption of rights.--In the case of a victim who is
under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardian of the victim or representative
of the victim's estate, another family member, or any other
person appointed as suitable by a court, may assume the
victim's rights to submit a notification or file a petition
under
[[Page S4729]]
this section, but in no event shall an individual who
produced or conspired to produce the child sexual abuse
material depicting the victim be named as such representative
or guardian.
(16) Visual depiction.--The term ``visual depiction'' has
the meaning provided in section 2256(5) of title 18, United
States Code.
SEC. 1099C. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle and the
amendments made by this subtitle, and the application of the
provision or amendment to any other person or circumstance,
shall not be affected.
SEC. 1099D. CONTINUED APPLICABILITY OF FEDERAL, STATE, AND
TRIBAL LAW.
(a) Federal Law.--Nothing in this subtitle or the
amendments made by this subtitle, nor any rule or regulation
issued pursuant to this subtitle or the amendments made by
this subtitle, shall affect or diminish any right or remedy
for a victim of child pornography or child sexual
exploitation under any other Federal law, rule, or
regulation, including any claim under section 2255 of title
18, United States Code, with respect to any individual or
entity.
(b) State or Tribal Law.--Nothing in this subtitle or the
amendments made by this subtitle, nor any rule or regulation
issued pursuant to this subtitle or the amendments made by
this subtitle, shall--
(1) preempt, diminish, or supplant any right or remedy for
a victim of child pornography or child sexual exploitation
under any State or Tribal common or statutory law; or
(2) prohibit the enforcement of a law governing child
pornography or child sexual exploitation that is at least as
protective of the rights of a victim as this subtitle and the
amendments made by this subtitle.
______
SA 2383. Mr. CASEY (for himself, Ms. Collins, Mr. Crapo, Ms. Rosen,
Mr. Scott of Florida, and Mr. Fetterman) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle I--Commission to Study the Potential Transfer of the Weitzman
National Museum of American Jewish History to the Smithsonian
Institution Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Commission to Study the
Potential Transfer of the Weitzman National Museum of
American Jewish History to the Smithsonian Institution Act''.
SEC. 1096A. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to
Study the Potential Transfer of the Weitzman National Museum
of American Jewish History to the Smithsonian Institution
(hereafter in this subtitle referred to as the
``Commission'').
(b) Membership.--The Commission shall be composed of 8
members, of whom--
(1) 2 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(c) Qualification.--Members of the Commission shall be
appointed to the Commission from among individuals, or
representatives of institutions or entities, who possess--
(1)(A) a demonstrated commitment to the research, study, or
promotion of Jewish American history, art, political or
economic status, or culture; and
(B)(i) expertise in museum administration;
(ii) expertise in fund-raising for nonprofit or cultural
institutions;
(iii) experience in the study and teaching of Jewish
American history;
(iv) experience in the study and teaching of combating and
countering antisemitism;
(v) experience in studying the issue of the representation
of Jewish Americans in art, life, history, and culture at the
Smithsonian Institution; or
(vi) extensive experience in public or elected service;
(2) experience in the administration of, or the strategic
planning for, museums; or
(3) experience in the planning or design of museum
facilities.
(d) Deadline for Initial Appointment.--The initial members
of the Commission shall be appointed not later than the date
that is 90 days after the date of enactment of this subtitle.
(e) Vacancies.--A vacancy in the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the same manner as the original
appointment was made.
(f) Chairperson.--The Commission shall, by majority vote of
all of the members, select 1 member of the Commission to
serve as the Chairperson of the Commission.
(g) Prohibition.--No employee of the Federal Government may
serve as a member of the Commission.
SEC. 1096B. DUTIES OF COMMISSION.
(a) Reports and Other Deliverables.--Not later than 2 years
after the date of the first meeting of the Commission, the
Commission shall submit to the President and to Congress the
report, plan, and recommendations described in paragraphs (1)
through (3).
(1) Report on issues.--A report that addresses the
following issues relating to the Weitzman National Museum of
American Jewish History in Philadelphia, PA, and its environs
(hereafter in this subtitle referred to as the ``Museum''):
(A) The collections held by the Museum at the time of the
report, the extent to which such collections are already
represented in the Smithsonian Institution and Federal
memorials at the time of the report, and the availability and
cost of future collections to be acquired and housed in the
Museum.
(B) The impact of the Museum on educational and
governmental efforts to study and counter antisemitism.
(C) The financial assets and liabilities held by the
Museum, and the cost of operating and maintaining the Museum.
(D) The governance and organizational structure from which
the Museum should operate if transferred to the Smithsonian
Institution.
(E) The financial and legal considerations associated with
the potential transfer of the Museum to the Smithsonian
Institution, including--
(i) any donor or legal restrictions on the Museum's
collections, endowments, and real estate;
(ii) costs associated with actions that will be necessary
to resolve the status of employees of the Museum, if the
Museum is transferred to the Smithsonian Institution;
(iii) all additional costs for the Smithsonian Institution
that would be associated with operating and maintaining a new
museum outside of the Washington, D.C. metropolitan area; and
(iv) policy and legal restrictions that would become
applicable to the Museum if transferred to the Smithsonian
Institution.
(F) The feasibility of the Museum becoming part of the
Smithsonian Institution, taking into account the Museum's
potential impact on the Smithsonian's existing facilities
maintenance backlog, collections storage needs, and
identified construction or renovation costs for new or
existing museums.
(2) Fund-raising plan.--A fund-raising plan that addresses
the following topics:
(A) The ability to support the transfer, operation, and
maintenance of the Museum through contributions from the
public, including potential charges for admission.
(B) Any potential issues with funding the operations and
maintenance of the Museum in perpetuity without reliance on
appropriations of Federal funds.
(3) Legislative recommendations.--A report containing
recommendations regarding a legislative plan for transferring
the Museum to the Smithsonian Institution, which shall
include each of the following:
(A) Proposals regarding the time frame, one-time
appropriations level, and continuing appropriations levels
that might be included in such legislation.
(B) Recommendations for the future name of the Museum if it
is transferred to the Smithsonian Institution.
(b) National Conference.--Not later than 2 years after the
date on which the initial members of the Commission are
appointed under section 1096A, the Commission may, in
carrying out the duties of the Commission under this section,
convene a national conference relating to the Museum, to be
comprised of individuals committed to the advancement of the
life, art, history, and culture of Jewish Americans.
SEC. 1096C. ADMINISTRATIVE PROVISIONS.
(a) Compensation.--
(1) In general.--A member of the Commission--
(A) shall not be considered to be a Federal employee for
any purpose by reason of service on the Commission; and
(B) shall serve without pay.
(2) Travel expenses.--A member of the Commission shall be
allowed a per diem allowance for travel expenses, at rates
consistent with those authorized under subchapter I of
chapter 57 of title 5, United States Code.
(3) Gifts, bequests, and devises.--The Commission may
solicit, accept, use, and dispose of gifts, bequests, or
devises of money, services, or real or personal property for
the purpose of aiding or facilitating the work of the
Commission. Such gifts, bequests, or devises may be from the
Museum.
(4) Federal advisory committee act.--Chapter 10 of title 5,
United States Code, shall not apply to the Commission.
(b) Termination.--The Commission shall terminate on the
date that is 30 days after the date on which the final
versions of the report, plan, and recommendations required
under section 1096B are submitted.
(c) Funding.--The Commission shall be solely responsible
for acceptance of contributions for, and payment of the
expenses of, the Commission.
(d) Director and Staff of Commission.--
(1) Director and staff.--
(A) In general.--The Commission may employ and compensate
an executive director and any other additional personnel that
are necessary to enable the Commission to perform the duties
of the Commission.
[[Page S4730]]
(B) Rates of pay.--Rates of pay for persons employed under
subparagraph (A) shall be consistent with the rates of pay
allowed for employees of a temporary organization under
section 3161 of title 5, United States Code.
(2) Not federal employment.--Any individual employed under
this subsection shall not be considered a Federal employee
for the purpose of any law governing Federal employment.
(3) Technical assistance.--
(A) In general.--Subject to subparagraph (B), on request of
the Commission, the head of a Federal agency shall provide
technical assistance to the Commission.
(B) Prohibition.--No Federal employees may be detailed to
the Commission.
(4) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and
use voluntary and uncompensated services as the Commission
determines necessary.
(e) Administrative Support Services.--Upon request of the
Commission, the Administrator of the General Services
Administration shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its
responsibilities under this subtitle. The involvement of the
General Services Administration shall be limited to providing
administrative support to the Commission, and such
involvement shall terminate upon termination of the
Commission.
(f) Meeting Location.--The Commission may meet virtually or
in-person.
(g) Appointment Delays.--The Commission may begin to meet
and carry out activities under this subtitle before all
members of the Commission have been appointed if--
(1) 90 days have passed since the date of enactment of this
subtitle; and
(2) a majority of the members of the Commission have been
appointed.
______
SA 2384. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SAFER DETENTION.
(a) Home Detention for Certain Elderly Nonviolent
Offenders.--Section 231 of the Second Chance Act of 2007 (34
U.S.C. 60541) is amended--
(1) in subsection (g)--
(A) in paragraph (1), by adding at the end the following:
``(D) Judicial review.--
``(i) In general.--Upon motion of a defendant, on or after
the date described in clause (ii), a court may reduce an
imposed term of imprisonment of the defendant and substitute
a term of supervised release with the condition of home
detention for the unserved portion of the original term of
imprisonment, after considering the factors set forth in
section 3553(a) of title 18, United States Code, if the court
finds the defendant is an eligible elderly offender or
eligible terminally ill offender.
``(ii) Date described.--The date described in this clause
is the earlier of--
``(I) the date on which the defendant fully exhausts all
administrative rights to appeal a failure of the Bureau of
Prisons to place the defendant on home detention; or
``(II) the expiration of the 30-day period beginning on the
date on which the defendant submits to the warden of the
facility in which the defendant is imprisoned a request for
placement of the defendant on home detention, regardless of
the status of the request.'';
(B) in paragraph (3), by striking ``through 2023'' and
inserting ``through 2029''; and
(C) in paragraph (5)--
(i) in subparagraph (A)(ii)--
(I) by inserting ``, including offenses under the laws of
the District of Columbia,'' after ``offense or offenses'';
and
(II) by striking ``2/3 of the term of imprisonment to which
the offender was sentenced'' and inserting ``1/2 of the term
of imprisonment reduced by any credit toward the service of
the offender's sentence awarded under section 3624(b) of
title 18, United States Code''; and
(ii) in subparagraph (D)(i), by inserting ``, including
offenses under the laws of the District of Columbia,'' after
``offense or offenses''; and
(2) in subsection (h), by striking ``through 2023'' and
inserting ``through 2029''.
(b) Compassionate Release Technical Correction.--Section
3582 of title 18, United States Code, is amended--
(1) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by inserting
after ``case'' the following: ``, including, notwithstanding
any other provision of law, any case involving an offense
committed before November 1, 1987''; and
(B) in subparagraph (A)--
(i) by inserting ``, on or after the date described in
subsection (d)'' after ``upon motion of the defendant''; and
(ii) by striking ``after the defendant has fully exhausted
all administrative rights to appeal a failure of the Bureau
of Prisons to bring a motion on the defendant's behalf or the
lapse of 30 days from the receipt of such a request by the
warden of the defendant's facility, whichever is earlier,'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Date Described.--For purposes of subsection
(c)(1)(A), the date described in this subsection is the
earlier of--
``(1) the date on which the defendant fully exhausts all
administrative rights to appeal a failure of the Bureau of
Prisons to bring a motion on the defendant's behalf; or
``(2) the expiration of the 30-day period beginning on the
date on which the defendant submits a request for a reduction
in sentence to the warden of the facility in which the
defendant is imprisoned, regardless of the status of the
request.''.
______
SA 2385. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10__. EXTENSION OF TEMPORARY BANKRUPTCY PROVISIONS.
(a) In General.--Section 2(i)(1) of the Bankruptcy
Threshold Adjustment and Technical Corrections Act (Public
Law 117-151; 136 Stat. 1300) is amended, in the matter
preceding subparagraph (A), by striking ``2 years'' and
inserting ``4 years''.
(b) Retroactive Application.--The amendment made by
subsection (a) shall apply with respect to any case that--
(1) is commenced under title 11, United States Code, on or
after June 21, 2024; and
(2) with respect to a case that was commenced on or after
June 21, 2024 and before the date of enactment of this Act,
is pending on the date of enactment of this Act.
______
SA 2386. Ms. ERNST (for herself and Ms. Rosen) submitted an amendment
intended to be proposed by her to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. __. DEPARTMENT OF DEFENSE INTERNATIONAL AGREEMENTS.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 120a. Department of Defense international agreements
``(a) Transmittal of Agreements to Congress.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense shall transmit to Congress the text of
any covered international agreement (including the text of
any oral covered international agreement, which agreement
shall be reduced to writing) as soon as practicable after
such agreement has entered into force with respect to the
United States but in no event later than 60 days thereafter.
``(2) Exception.--Any covered international agreement the
immediate public disclosure of which would, in the opinion of
the President, be prejudicial to the national security of the
United States shall not be transmitted to Congress under
paragraph (1) but shall be transmitted to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives under an appropriate
injunction of secrecy to be removed only upon due notice from
the President.
``(b) Transmittal of Agreements to Secretary of State.--The
Secretary of Defense shall transmit to the Secretary of State
the text of any covered international agreement entered into
by the Secretary of Defense on behalf of the United States
not later than 20 days after such agreement has been signed.
``(c) Annual Report Required.--Not later than March 1,
2025, and annually thereafter, the Secretary of Defense
shall, under the signature of the Secretary, transmit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
that includes the following:
``(1) An identification of each covered international
agreement that, during the one-year period preceding the date
on which the report is submitted, was transmitted to Congress
after the expiration of the 60-day period referred to in
subsection (a), and a full and complete description of the
reasons for each late transmittal.
``(2) An identification of any agreements in force with
respect to the United States that will expire during the two-
year period beginning on the date on which the report is
submitted, and a status update for each such agreement.
``(d) Covered International Agreement Defined.--In this
section, the term `covered
[[Page S4731]]
international agreement' means an international agreement--
``(1) that is not a treaty;
``(2) to which the United States is a party; and
``(3) to which any other party is a country--
``(A) where members of the armed forces are stationed on a
permanent or rotational basis; or
``(B) that will be used by the Department of Defense for
training purposes.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 2 of such title is amended by adding at
the end the following new item:
``120a. Department of Defense international agreements.''.
______
SA 2387. Ms. ERNST (for herself, Mr. Marshall, and Mr. Braun)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 812. FOREIGN ADVERSARY FUNDING.
(a) In General.--For purposes of reporting spending data
under section 2 of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law
109-282), the Secretary of Defense shall require the tracking
and reporting of all other transaction agreements and
subawards of any amount awarded to an entity located in a
foreign country of concern.
(b) Publication.--The reporting on subawards required under
subsection (a) shall be published on the website established
under section 2(b)(1) of the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law
109-282).
(c) Reporting of Subawards.--The recipient of a subaward
described in subsection (a) shall disclose data with respect
to the subaward in the same manner as subawards are disclosed
in paragraph (2) of section 2(d) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note; Public Law 109-282).
(d) Form.--If any information required to be reported by
this section is classified, such information may be submitted
in the form of a classified annex consistent with the
protection of sources and methods.
(e) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue
guidance that establishes consistency for complying with this
section for agencies and recipients of subawards described in
subsection (a), including establishing standards for
disclosed data.
(f) Definitions.--In this section:
(1) Foreign country of concern.--The term ``foreign country
of concern'' means any of the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(2) Subaward.--The term ``subaward''--
(A) means an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of a
Federal award received by the pass-through entity;
(B) includes an award described in subparagraph (A) that is
passed from a subrecipient to another subrecipient; and
(C) does not include payments to a beneficiary of a Federal
program.
______
SA 2388. Ms. ERNST (for herself, Ms. Warren, Mrs. Gillibrand, Mr.
Blumenthal, Mr. Fetterman, and Ms. Rosen) submitted an amendment
intended to be proposed by her to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. ESTABLISHMENT OF REQUIREMENTS RELATING TO BLAST
OVERPRESSURE EXPOSURE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall--
(1) establish a baseline neurocognitive assessment to be
conducted during the accession process of members of the
Armed Forces before the beginning of training;
(2) establish annual neurocognitive assessments to monitor
the cognitive function of such members to be conducted--
(A) at least every three years as part of the periodic
health assessment of such members;
(B) as part of the post-deployment health assessment of
such members; and
(C) prior to separation from service in the Armed Forces;
(3) ensure all neurocognitive assessments of such members,
including those required under paragraphs (1) and (2), are
maintained in the electronic medical record of such member;
(4) establish a process for annual review of blast
overpressure exposure logs and traumatic brain injury logs
for each member of the Armed Forces during the periodic
health assessment of such member for cumulative exposure in
order to refer members with recurrent and prolonged exposure
to specialty care; and
(5) establish standards for recurrent and prolonged
exposure.
(b) Definitions.--In this section:
(1) Neurocognitive assessment.--The term ``neurocognitive
assessment'' means a standardized cognitive and behavioral
evaluation using validated and normed testing performed in a
formal environment that uses specifically designated tasks to
measure cognitive function known to be linked to a particular
brain structure or pathway, which may include a measurement
of intellectual functioning, attention, new learning or
memory, intelligence, processing speed, and executive
functioning.
(2) Traumatic brain injury.--The term ``traumatic brain
injury'' means a traumatically induced structural injury or
physiological disruption of brain function as a result of an
external force that is indicated by new onset or worsening of
at least one of the following clinical signs immediately
following the event:
(A) Alteration in mental status, including confusion,
disorientation, or slowed thinking.
(B) Loss of memory for events immediately before or after
the injury.
(C) Any period of loss of or decreased level of
consciousness, observed or self-reported.
______
SA 2389. Ms. ERNST (for herself, Mrs. Gillibrand, Mr. Cotton, and Mr.
Blumenthal) submitted an amendment intended to be proposed by her to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. AUTHORITY OF ARMY COUNTERINTELLIGENCE AGENTS.
(a) Authority to Execute Warrants and Make Arrests.--
Section 7377 of title 10, United States Code, is amended--
(1) in the section heading, by inserting ``and Army
Counterintelligence Command'' before the colon; and
(2) in subsection (b)--
(A) by striking ``who is a special agent'' and inserting
the following: ``who is--
``(1) a special agent'';
(B) in paragraph (1) (as so designated) by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(2) a special agent of the Army Counterintelligence
Command (or a successor to that command) whose duties include
conducting, supervising, or coordinating counterintelligence
investigations in programs and operations of the Department
of the Army.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 747 of such title is amended by striking
the item relating to section 7377 and inserting the following
new item:
``7377. Civilian special agents of the Criminal Investigation Command
and Army Counterintelligence Command: authority to
execute warrants and make arrests.''.
______
SA 2390. Mr. MARSHALL (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. COOPER DAVIS ACT.
(a) Short Title.--This section may be cited as the ``Cooper
Davis Act''.
(b) Reporting Requirements of Electronic Communication
Service Providers and Remote Computing Services for Certain
Controlled Substances Violations.--
(1) Amendments to controlled substances act.--
(A) In general.--Part E of the Controlled Substances Act
(21 U.S.C. 871 et seq.) is amended by adding at the end the
following:
``reporting requirements of electronic communication service providers
and remote computing services for certain controlled substances
violations
``Sec. 521. (a) Definitions.--In this section--
``(1) the term `electronic communication service' has the
meaning given that term in section 2510 of title 18, United
States Code;
``(2) the term `electronic mail address' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702);
[[Page S4732]]
``(3) the term `Internet' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C.
151 note);
``(4) the term `provider' means an electronic communication
service provider or remote computing service;
``(5) the term `remote computing service' has the meaning
given that term in section 2711 of title 18, United States
Code; and
``(6) the term `website' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol.
``(b) Duty to Report.--
``(1) General duty.--In order to reduce the proliferation
of the unlawful sale, distribution, or manufacture (as
applicable) of counterfeit substances and certain controlled
substances, a provider shall, as soon as reasonably possible
after obtaining actual knowledge of any facts or
circumstances described in paragraph (2), and in any event
not later than 60 days after obtaining such knowledge, submit
to the Drug Enforcement Administration a report containing--
``(A) the mailing address, telephone number, facsimile
number, and electronic mailing address of, and individual
point of contact for, such provider;
``(B) information described in subsection (c) concerning
such facts or circumstances; and
``(C) for purposes of subsection (j), information
indicating whether the facts or circumstances were discovered
through content moderation conducted by a human or via a non-
human method, including use of an algorithm, machine
learning, or other means.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
establishing that a crime is being or has already been
committed involving--
``(A) creating, manufacturing, distributing, dispensing, or
possession with intent to manufacture, distribute, or
dispense--
``(i) fentanyl; or
``(ii) methamphetamine;
``(B) creating, manufacturing, distributing, dispensing, or
possession with intent to manufacture, distribute, or
dispense a counterfeit substance, including a counterfeit
substance purporting to be a prescription drug; or
``(C) offering, dispensing, or administering an actual or
purported prescription pain medication or prescription
stimulant by any individual or entity that is not a
practitioner or online pharmacy, including an individual or
entity that falsely claims to be a practitioner or online
pharmacy.
``(3) Permitted actions based on reasonable belief.--In
order to reduce the proliferation of the unlawful sale,
distribution, or manufacture (as applicable) of counterfeit
substances and certain controlled substances, if a provider
has a reasonable belief that facts or circumstances described
in paragraph (2) exist, the provider may submit to the Drug
Enforcement Administration a report described in paragraph
(1).
``(c) Contents of Report.--
``(1) In general.--To the extent the information is within
the custody or control of a provider, the facts or
circumstances included in each report under subsection
(b)(1)--
``(A) shall include, to the extent that it is applicable
and reasonably available, information relating to the account
involved in the commission of a crime described in subsection
(b)(2), such as the name, address, electronic mail address,
user or account identification, Internet Protocol address,
uniform resource locator, screen names or monikers for the
account used or any other accounts associated with the
account user, or any other identifying information, including
self-reported identifying information, but not including the
contents of a wire communication or electronic communication,
as those terms are defined in section 2510 of title 18,
United States Code, except as provided in subparagraph (B) of
this paragraph; and
``(B) may, at the sole discretion of the provider, include
the information described in paragraph (2) of this
subsection.
``(2) Other information.--The information referred to in
paragraph (1)(B) is the following:
``(A) Historical reference.--Information relating to when
and how a user, subscriber, or customer of a provider
uploaded, transmitted, or received content relating to the
report or when and how content relating to the report was
reported to or discovered by the provider, including a date
and time stamp and time zone.
``(B) Geographic location information.--Information
relating to the geographic location of the involved
individual or website, which may include the Internet
Protocol address or verified address, or, if not reasonably
available, at least one form of geographic identifying
information, including area code or ZIP Code, provided by the
user, subscriber, or customer, or stored or obtained by the
provider, and any information as to whether a virtual private
network was used.
``(C) Data relating to facts or circumstances.--Any data,
including symbols, photos, video, icons, or direct messages,
relating to activity involving the facts or circumstances
described in subsection (b)(2) or other content relating to
the crime.
``(D) Complete communication.--The complete communication
containing the information of the crime described in
subsection (b)(2), including--
``(i) any data or information regarding the transmission of
the communication; and
``(ii) any data or other digital files contained in, or
attached to, the communication.
``(3) User, subscriber, or customer submitted reports.--In
the case of a report under subsection (b)(3), the provider
may, at its sole discretion, include in the report
information submitted to the provider by a user, subscriber,
or customer alleging facts or circumstances described in
subsection (b)(2) if the provider, upon review, has a
reasonable belief that the alleged facts or circumstances
exist.
``(d) Handling of Reports.--Upon receipt of a report
submitted under subsection (b), the Drug Enforcement
Administration--
``(1) shall conduct a preliminary review of such report;
and
``(2) after completing the preliminary review, shall--
``(A) conduct further investigation of the report, which
may include making the report available to other Federal,
State, or local law enforcement agencies involved in the
investigation of crimes described in subsection (b)(2), if
the Drug Enforcement Administration determines that the
report facially contains sufficient information to warrant
and permit further investigation; or
``(B) conclude that no further investigative steps are
warranted or possible, or that insufficient evidence exists
to make a determination, and close the report.
``(e) Attorney General Responsibilities.--
``(1) In general.--The Attorney General shall enforce this
section.
``(2) Designation of federal agencies.--The Attorney
General may designate a Federal law enforcement agency or
agencies to which the Drug Enforcement Administration may
forward a report under subsection (d).
``(3) Data minimization requirements.--The Attorney General
shall take reasonable measures to--
``(A) limit the storage of a report submitted under
subsection (b) and its contents to the amount that is
necessary to carry out the investigation of crimes described
in subsection (b)(2); and
``(B) store a report submitted under subsection (b) and its
contents only as long as is reasonably necessary to carry out
an investigation of crimes described in subsection (b)(2) or
make the report available to other agencies under subsection
(d)(2)(A), after which time the report and its contents shall
be deleted unless the preservation of a report has future
evidentiary value.
``(f) Failure to Comply With Requirements.--
``(1) Criminal penalty.--
``(A) Offense.--It shall be unlawful for a provider to
knowingly fail to submit a report required under subsection
(b)(1).
``(B) Penalty.--A provider that violates subparagraph (A)
shall be fined--
``(i) in the case of an initial violation, not more than
$190,000; and
``(ii) in the case of any second or subsequent violation,
not more than $380,000.
``(2) Civil penalty.--In addition to any other available
civil or criminal penalty, a provider shall be liable to the
United States Government for a civil penalty in an amount not
less than $50,000 and not more than $100,000 if the provider
knowingly submits a report under subsection (b) that--
``(A) contains materially false or fraudulent information;
or
``(B) omits information described in subsection (c)(1)(A)
that is reasonably available.
``(g) Protection of Privacy.--Nothing in this section shall
be construed to--
``(1) require a provider to monitor any user, subscriber,
or customer of that provider;
``(2) require a provider to monitor the content of any
communication of any person described in paragraph (1);
``(3) require a provider to affirmatively search, screen,
or scan for facts or circumstances described in subsection
(b)(2); or
``(4) permit actual knowledge to be proven based solely on
a provider's decision not to engage in additional
verification or investigation to discover facts and
circumstances that are not readily apparent, so long as the
provider does not deliberately blind itself to those
violations.
``(h) Conditions of Disclosure of Information Contained
Within Report.--
``(1) In general.--Except as provided in paragraph (2), a
law enforcement agency that receives a report under
subsection (d) shall not disclose any information contained
in that report.
``(2) Permitted disclosures by law enforcement.--A law
enforcement agency may disclose information in a report
received under subsection (d)--
``(A) to an attorney for the government for use in the
performance of the official duties of that attorney,
including providing discovery to a defendant;
``(B) to such officers and employees of that law
enforcement agency, as may be necessary in the performance of
their investigative and recordkeeping functions;
``(C) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the government
to assist the attorney in the performance of the official
duties of the attorney in enforcing Federal criminal law;
``(D) if the report discloses an apparent violation of
State criminal law, to an appropriate official of a State or
subdivision of a
[[Page S4733]]
State for the purpose of enforcing such State law;
``(E) to a defendant in a criminal case or the attorney for
that defendant to the extent the information relates to a
criminal charge pending against that defendant;
``(F) to a provider if necessary to facilitate response to
legal process issued in connection to a criminal
investigation, prosecution, or post-conviction remedy
relating to that report;
``(G) as ordered by a court upon a showing of good cause
and pursuant to any protective orders or other conditions
that the court may impose; and
``(H) in order to facilitate the enforcement of the
penalties authorized under subsection (f).
``(i) Preservation.--
``(1) In general.--
``(A) Request to preserve contents.--
``(i) In general.--Subject to clause (ii), for the purposes
of this section, a completed submission by a provider of a
report to the Drug Enforcement Administration under
subsection (b)(1) shall be treated as a request to preserve
the contents provided in the report, and any data or other
digital files that are reasonably accessible and may provide
context or additional information about the reported material
or person, for 90 days after the submission to the Drug
Enforcement Administration.
``(ii) Limitations on extension of preservation period.--
``(I) Stored communications act.--The Drug Enforcement
Administration may not submit a request to a provider to
continue preservation of the contents of a report or other
data described in clause (i) under section 2703(f) of title
18, United States Code, beyond the required period of
preservation under clause (i) of this subparagraph unless the
Drug Enforcement Administration has an active or pending
investigation involving the user, subscriber, or customer
account at issue in the report.
``(II) Rule of construction.--Nothing in subclause (I)
shall preclude another Federal, State, or local law
enforcement agency from seeking continued preservation of the
contents of a report or other data described in clause (i)
under section 2703(f) of title 18, United States Code.
``(B) Notification to user.--A provider may not notify a
user, subscriber, or customer of the provider of a
preservation request described in subparagraph (A) unless--
``(i) the provider has notified the Drug Enforcement
Administration of its intent to provide that notice; and
``(ii) 45 business days have elapsed since the notification
under clause (i).
``(2) Protection of preserved materials.--A provider
preserving materials under this section shall maintain the
materials in a secure location and take appropriate steps to
limit access to the materials by agents or employees of the
service to that access necessary to comply with the
requirements of this subsection.
``(3) Authorities and duties not affected.--Nothing in this
section shall be construed as replacing, amending, or
otherwise interfering with the authorities and duties under
section 2703 of title 18, United States Code.
``(4) Relation to reporting requirement.--Submission of a
report as required by subsection (b)(1) does not satisfy the
obligations under this subsection.
``(j) Annual Report.--Not later than 1 year after the date
of enactment of the Cooper Davis Act, and annually
thereafter, the Drug Enforcement Administration shall publish
a report that includes, for the reporting period--
``(1) the total number of reports received from providers
under subsection (b)(1);
``(2) the number of reports received under subsection
(b)(1) disaggregated by--
``(A) the provider on whose electronic communication
service or remote computing service the crime for which there
are facts or circumstances occurred; and
``(B) the subsidiary of a provider, if any, on whose
electronic communication service or remote computing service
the crime for which there are facts or circumstances
occurred;
``(3) the number of reports received under subsection
(b)(1) that led to convictions in cases investigated by the
Drug Enforcement Administration;
``(4) the number of reports received under subsection
(b)(1) that lacked actionable information;
``(5) the number of reports received under subsection
(b)(1) where the facts or circumstances of a crime were
discovered through--
``(A) content moderation conducted by a human; or
``(B) a non-human method including use of an algorithm,
machine learning, or other means;
``(6) the number of reports received under subsection
(b)(1) that were made available to other law enforcement
agencies, disaggregated by--
``(A) the number of reports made available to Federal law
enforcement agencies;
``(B) the number of reports made available to State law
enforcement agencies; and
``(C) the number of reports made available to local law
enforcement agencies; and
``(7) the number of requests to providers to continue
preservation of the contents of a report or other data
described in subsection (i)(1)(A)(i) submitted by the Drug
Enforcement Administration under section 2703(f) of title 18,
United States Code.
``(k) Prohibition on Submission of User, Subscriber,
Customer, or Anonymous Reports by Law Enforcement.--
``(1) In general.--No Federal, Tribal, State, or local law
enforcement officer acting in an official capacity may submit
a report to a provider or arrange for another individual to
submit a report to a provider on behalf of the officer under
this section.
``(2) Remedy for violation.--No part of the contents of a
provider's report made under subsection (b)(1) or (b)(3) and
no evidence derived therefrom may be received in evidence in
any trial, hearing, or other proceeding in or before any
court, department, officer, agency, regulatory body,
legislative committee, or other authority of the United
States, a State, or a political subdivision thereof if that
provider report resulted from an action prohibited by
paragraph (1) of this subsection.
``(l) Exemptions.--Subsections (b) through (k) shall not
apply to a provider of broadband internet access service, as
that term is defined in section 8.1(b) of title 47, Code of
Federal Regulations (or any successor regulation), or a
provider of a text messaging service, as that term is defined
in section 227 of the Communications Act of 1934 (47 U.S.C.
227), insofar as the provider is acting as a provider of such
service.''.
(B) Technical and conforming amendment.--The table of
contents for the Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended by inserting after the item relating to
section 520 the following:
``Sec. 521. Reporting requirements of electronic communication service
providers and remote computing services for certain
controlled substances violations.''.
(2) Conforming amendments to stored communications act.--
(A) In general.--Section 2702 of title 18, United States
Code, is amended--
(i) in subsection (b)--
(I) in paragraph (8), by striking ``or'' at the end;
(II) in paragraph (9), by striking the period at the end
and inserting ``; or''; and
(III) by adding at the end the following:
``(10) to the Drug Enforcement Administration, in
connection with a report submitted thereto under section 521
of the Controlled Substances Act.''; and
(ii) in subsection (c)--
(I) in paragraph (6), by striking ``or'' at the end;
(II) in paragraph (7), by striking the period at the end
and inserting ``; or''; and
(III) by adding at the end the following:
``(8) to the Drug Enforcement Administration, in connection
with a report submitted thereto under section 521 of the
Controlled Substances Act.''.
(B) Technical amendment.--Paragraph (7) of section 2702(b)
of title 18, United States Code, is amended to read as
follows:
``(7) to a law enforcement agency if the contents--
``(A) were inadvertently obtained by the service provider;
and
``(B) appear to pertain to the commission of a crime;''.
(c) Severability.--If any provision of this section or
amendment made by this section, or the application of such a
provision or amendment to any person or circumstance, is held
to be unconstitutional, the remaining provisions of this
section and amendments made by this section, and the
application of such provision or amendment to any other
person or circumstance, shall not be affected thereby.
______
SA 2391. Mr. BRAUN (for himself, Ms. Sinema, and Mr. Coons) submitted
an amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PILOT PROGRAM ON IDENTIFICATION, APPOINTMENT, OR
REFERRAL OF VETERANS FOR POTENTIAL EMPLOYMENT
WITH FEDERAL LAND MANAGEMENT AGENCIES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs of the Senate;
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(C) the Committee on Energy and Natural Resources of the
Senate;
(D) the Committee on Veterans' Affairs of the House of
Representatives;
(E) the Committee on Agriculture of the House of
Representatives; and
(F) the Committee on Natural Resources of the House of
Representatives.
(2) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(3) Federal land management agency.--The term ``Federal
land management agency'' means--
(A) the Forest Service;
(B) the National Park Service;
(C) the United States Fish and Wildlife Service;
[[Page S4734]]
(D) the Bureau of Land Management; or
(E) the Bureau of Reclamation.
(4) Noncompetitive.--The term ``noncompetitive'', when used
with respect to an appointment, means an appointment made
without regard to subchapter I of chapter 33 of title 5,
United States Code, other than sections 3303 and 3328 of that
title.
(5) Pilot program.--The term ``pilot program'' means the
pilot program established by the Director under subsection
(b).
(6) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(7) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director (in consultation with the
Secretary of Veterans Affairs, the Secretary of the Interior,
and the Secretary of Agriculture) shall establish a pilot
program to recruit veterans with relevant strengths and
abilities and refer the veterans to supervisory or
nonsupervisory positions in Federal land management agencies.
(c) Publication of Information Application.--
(1) Publication.--The Director shall publicize, and
disseminate information about, the pilot program on the
website of the Office of Personnel Management.
(2) Application.--A veteran seeking to participate in the
pilot program shall submit to the Director an application in
such form, in such manner, and containing such information as
the Director may require.
(d) Tests of Strengths and Abilities.--
(1) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Director (in consultation with the
Secretary of Veterans Affairs, the Secretary of the Interior,
and the Secretary of Agriculture) shall issue guidance on the
development of individual tests to be administered for the
purposes of the pilot program to determine the strengths and
abilities of veterans for positions in the following career
fields at Federal land management agencies:
(A) Outdoor recreation management.
(B) Management of volunteers.
(C) Fire planning and fire analysis.
(D) Firefighting.
(E) Aviation.
(F) Forest engineering.
(G) Inventory monitoring of land under the management of a
Federal land management agency.
(H) Landscape restoration.
(I) Ecology.
(J) Sustainability of ecosystems.
(K) Archeology.
(L) Range management.
(M) Analysis of geospatial data.
(N) Biology.
(O) Geology.
(P) Land use.
(Q) Physical sciences.
(R) Civil engineering.
(S) Hydrology.
(T) Land surveying.
(U) Water reclamation.
(V) Finance, budget, and administration.
(2) Waiver.--For purposes of the pilot program, the
Director (in consultation with, as appropriate, the Secretary
of Agriculture or the Secretary of the Interior) may waive
any requirement for a recognized postsecondary credential for
a position in a career field described in paragraph (1), if
the Director determines that such a waiver is necessary.
(3) Administration.--The head of a Federal land management
agency shall--
(A) administer a test developed described in paragraph (1)
to each veteran who applies for participation in the pilot
program;
(B) develop assessments to measure the relative capacity
and fitness of veterans described in subparagraph (A) of this
paragraph for positions in the career fields described in
paragraph (1); and
(C) refer each veteran described in subparagraph (A) to the
official employment website of the Federal Government.
(4) Management.--The Director (in consultation with the
Secretary of Veterans Affairs) shall develop a method to
oversee and manage the employment of veterans within Federal
land management agencies in positions in the career fields
that are covered by the pilot program.
(e) Appointment and Referral.--The head of a Federal land
management agency (in consultation with the Secretary of
Veterans Affairs), with respect to a veteran who has taken a
test administered under subsection (d)(3)(A)--
(1) if the veteran has demonstrated through the test the
necessary strengths and abilities for a vacant supervisory or
nonsupervisory position in a career field covered by the
pilot program in the Federal land management agency, as
determined by the head of the Federal land management agency,
may make a noncompetitive career-conditional appointment of
the veteran to that vacant position; or
(2) if the veteran has not demonstrated through the test
the necessary strengths and abilities for a vacant
supervisory or nonsupervisory position in a career field
covered by the pilot program in the Federal land management
agency, as determined by the head of the Federal land
management agency--
(A) shall refer the veteran to a recruiter of that Federal
land management agency for participation in a training
program that the agency shall establish for the purposes of
this section, which shall provide the veteran with the
strengths and abilities for a position in such a career
field;
(B) shall, after the participation by the veteran in a
training program described in subparagraph (A), re-administer
that test, for the purpose of re-evaluation, to the veteran
as frequently as the head of the Federal land management
agency determines appropriate until the veteran demonstrates
through the test the necessary strengths and abilities; and
(C) may, if the veteran has demonstrated through the test
the necessary strengths and abilities, make a noncompetitive
career-conditional appointment of the veteran to a position
in such a career field.
(f) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Director (in
consultation with the Secretary of Veterans Affairs and the
heads of the Federal land management agencies) shall submit
to the appropriate committees of Congress a report on the
pilot program.
(g) Termination.--The pilot program shall terminate on the
date that is 5 years after the date on which the Director
establishes the pilot program.
______
SA 2392. Mr. BRAUN (for himself, Mr. Tester, Mr. Rubio, and Mr.
Tuberville) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division C, add the following:
TITLE XXXVI--PROTECTING AMERICA'S AGRICULTURAL LAND FROM FOREIGN HARM
SEC. 3601. DEFINITIONS.
In this title:
(1) Agricultural land.--
(A) In general.--The term ``agricultural land'' has the
meaning given the term in section 9 of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3508).
(B) Inclusion.--The term ``agricultural land'' includes
land described in section 9(1) of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3508(1)) that is
used for ranching purposes.
(2) Covered person.--
(A) In general.--The term ``covered person'' has the
meaning given the term ``person owned by, controlled by, or
subject to the jurisdiction or direction of a foreign
adversary'' in section 7.2 of title 15, Code of Federal
Regulations (as in effect on the date of enactment of this
Act), except that each reference to ``foreign adversary'' in
that definition shall be deemed to be a reference to the
government of--
(i) Iran;
(ii) North Korea;
(iii) the People's Republic of China; or
(iv) the Russian Federation.
(B) Exclusions.--The term ``covered person'' does not
include a United States citizen or an alien lawfully admitted
for permanent residence to the United States.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) United states.--The term ``United States'' includes any
State, territory, or possession of the United States.
SEC. 3602. PROHIBITION ON PURCHASE OR LEASE OF AGRICULTURAL
LAND IN THE UNITED STATES BY PERSONS ASSOCIATED
WITH CERTAIN FOREIGN GOVERNMENTS.
(a) In General.--Notwithstanding any other provision of
law, the President shall take such actions as may be
necessary to prohibit the purchase or lease by covered
persons of--
(1) public agricultural land that is owned by the United
States and administered by the head of any Federal department
or agency, including the Secretary, the Secretary of the
Interior, and the Secretary of Defense; or
(2) private agricultural land located in the United States.
(b) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out subsection (a).
(c) Penalties.--A person that knowingly violates, attempts
to violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out that subsection shall be subject to the penalties
set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) Rule of Construction.--Nothing in this section--
(1) prohibits or otherwise affects the purchase or lease of
public or private agricultural land described in subsection
(a) by any person other than a covered person;
(2) prohibits or otherwise affects the use of public or
private agricultural land described in subsection (a) that is
transferred to or acquired by a person other than a covered
person from a covered person; or
[[Page S4735]]
(3) requires a covered person that owns or leases public or
private agricultural land described in subsection (a) as of
the date of enactment of this Act to sell that land.
SEC. 3603. PROHIBITION ON PARTICIPATION IN DEPARTMENT OF
AGRICULTURE PROGRAMS BY PERSONS ASSOCIATED WITH
CERTAIN FOREIGN GOVERNMENTS.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of the law, the President
shall take such actions as may be necessary to prohibit
participation in Department of Agriculture programs by
covered persons that have full or partial ownership of
agricultural land in the United States or lease agricultural
land in the United States.
(b) Exclusions.--Subsection (a) shall not apply to
participation in any program--
(1) relating to--
(A) food inspection or any other food safety regulatory
requirements; or
(B) health and labor safety of individuals; or
(2) administered by the Farm Service Agency, with respect
to the administration of this title or the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et
seq.).
(c) Proof of Citizenship.--To participate in a Department
of Agriculture program described in subsection (b) (except
for a program under this title or the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3501 et seq.)), a
person described in subparagraph (A) of section 3601(2) that
is a person described in subparagraph (B) of that section
shall submit to the Secretary proof that the person is
described in subparagraph (B) of that section.
SEC. 3604. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURE.
(a) Inclusion of Security Interests and Leases in Reporting
Requirements.--
(1) In general.--Section 9 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3508) is
amended--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) the term `interest' includes--
``(A) a security interest; and
``(B) a lease, without regard to the duration of the
lease;''.
(2) Conforming amendment.--Section 2 of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is
amended by striking ``, other than a security interest,''
each place it appears.
(b) Civil Penalty.--Section 3 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3502) is
amended--
(1) in subsection (b), by striking ``exceed 25 percent''
and inserting ``be less than 15 percent, or exceed 30
percent,''; and
(2) by adding at the end the following:
``(c) Liens.--On imposing a penalty under subsection (a),
the Secretary shall ensure that a lien is placed on the
agricultural land with respect to which the violation
occurred, which shall be released only on payment of the
penalty.''.
(c) Transparency.--
(1) In general.--Section 7 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3506) is amended
to read as follows:
``SEC. 7. PUBLIC DATA SETS.
``(a) In General.--Not later than 2 years after the date of
enactment of the Consolidated Appropriations Act, 2023
(Public Law 117-328; 136 Stat. 4459), the Secretary shall
publish on the internet database established under section
773 of division A of that Act (136 Stat. 4509) human-readable
and machine-readable data sets that--
``(1) contain all data that the Secretary possesses
relating to reporting under this Act from each report
submitted to the Secretary under section 2; and
``(2) as soon as practicable, but not later than 30 days,
after the date of receipt of any report under section 2,
shall be updated with the data from that report.
``(b) Included Data.--The data sets established under
subsection (a) shall include--
``(1) a description of--
``(A) the purchase price paid for, or any other
consideration given for, each interest in agricultural land
for which a report is submitted under section 2; and
``(B) updated estimated values of each interest in
agricultural land described in subparagraph (A), as that
information is made available to the Secretary, based on the
most recently assessed value of the agricultural land or
another comparable method determined by the Secretary; and
``(2) with respect to any agricultural land for which a
report is submitted under section 2, updated descriptions of
each foreign person who holds an interest in at least 1
percent of the agricultural land, as that information is made
available to the Secretary, categorized as a majority owner
or a minority owner that holds an interest in the
agricultural land.''.
(2) Deadline for database establishment.--Section 773 of
division A of the Consolidated Appropriations Act, 2023
(Public Law 117-328), is amended, in the first proviso, by
striking ``3 years'' and inserting ``2 years''.
(d) Definition of Foreign Person.--Section 9(3) of the
Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3508(3)) is amended--
(1) in subparagraph (C)(ii)(IV), by striking ``and'' at the
end;
(2) in subparagraph (D), by inserting ``and'' after the
semicolon at the end; and
(3) by adding at the end the following:
``(E) any person, other than an individual or a government,
that issues equity securities that are primarily traded on a
foreign securities exchange within--
``(i) Iran;
``(ii) North Korea;
``(iii) the People's Republic of China; or
``(iv) the Russian Federation;''.
SEC. 3605. REPORTS.
(a) Report From Secretary on Foreign Ownership of
Agricultural Land in United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the
Secretary shall submit to Congress a report describing--
(A) the risks and benefits, as determined by the Secretary,
associated with foreign ownership or lease of agricultural
land in rural areas (as defined in section 520 of the Housing
Act of 1949 (42 U.S.C. 1490));
(B) the intended and unintended misrepresentation of
foreign land ownership in the annual reports prepared by the
Secretary describing foreign holdings of agricultural land
due to inaccurate reporting of foreign holdings of
agricultural land;
(C) the specific work that the Secretary has undertaken to
monitor erroneous reporting required by the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501 et
seq.) that would result in a violation or civil penalty; and
(D) the role of State and local government authorities in
tracking foreign ownership of agricultural land in the United
States.
(2) Protection of information.--In carrying out paragraph
(1), the Secretary shall establish a plan to ensure the
protection of personally identifiable information.
(b) Report From Director of National Intelligence on
Foreign Ownership of Agricultural Land in United States.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the
Director of National Intelligence shall submit to the
congressional recipients described in paragraph (2) a report
describing--
(A) an analysis of foreign malign influence (as defined in
section 119C(f) of the National Security Act of 1947 (50
U.S.C. 3059(f))) by covered persons that have foreign
ownership in the United States agriculture industry; and
(B) the primary motives, as determined by the Director of
National Intelligence, of foreign investors to acquire
agricultural land.
(2) Congressional recipients described.--Each report under
paragraph (1) shall be submitted to--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Foreign Relations of the Senate;
(E) the Committee on Financial Services of the House of
Representatives;
(F) the Committee on Agriculture of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives;
(H) the Committee on Foreign Affairs of the House of
Representatives;
(I) the majority leader of the Senate;
(J) the minority leader of the Senate;
(K) the Speaker of the House of Representatives; and
(L) the minority leader of the House of Representatives.
(3) Classification.--Each report under paragraph (1) shall
be submitted in an unclassified form, but may include a
classified annex.
(c) Government Accountability Office Report.--Not later
than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report describing--
(1) a review of resources, staffing, and expertise for
carrying out the Agricultural Foreign Investment Disclosure
Act of 1978 (7 U.S.C. 3501 et seq.), and enforcement issues
limiting the effectiveness of that Act; and
(2) any recommended necessary changes to that Act.
______
SA 2393. Mr. MARSHALL (for himself and Ms. Ernst) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. PROHIBITION ON USE OF FUNDS.
None of the funds authorized to be appropriated or
otherwise made available by this Act may be used to provide
funding to support, directly or indirectly--
(1) the Wuhan Institute of Virology located in the City of
Wuhan in the People's Republic of China;
(2) the EcoHealth Alliance, Inc.;
(3) any laboratory owned or controlled by the government of
the People's Republic of
[[Page S4736]]
China, the Republic of Cuba, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, the Russian
Federation, the Bolivarian Republic of Venezuela under the
regime of Nicolas Maduro Moros, or any other country
determined by the Secretary of State to be a foreign
adversary; or
(4) gain-of-function research of concern.
______
SA 2394. Mr. MARSHALL submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10___. LIMITATION ON AVAILABILITY OF FUNDS FOR CELL-
CULTURED MEAT PRODUCTS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2025 for the
Department of Defense may be obligated or expended to develop
or procure any cell-cultured meat product for the purpose of
feeding any member of the United States Armed Forces.
______
SA 2395. Mr. MARSHALL (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 630. REPORT ON CREDIT AND DEBIT CARD USER FEES IMPOSED
ON VETERANS AND CAREGIVERS AT COMMISSARY STORES
AND MWR FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the Treasury, shall submit
to Congress a report on the imposition of user fees under
subsection (g) of section 1065 of title 10, United States
Code, with respect to the use of credit or debit cards at
commissary stores and MWR facilities by individuals eligible
to use commissary stores and MWR facilities under that
section.
(b) Elements.--The report required by subsection (a) shall
provide the following, for the fiscal year preceding
submission of the report:
(1) The total amount of expenses borne by the Department of
the Treasury on behalf of commissary stores and MWR
facilities associated with the use of credit or debit cards
for customer purchases by individuals described in subsection
(a), including expenses related to card network use and
related transaction processing fees.
(2) The total amount of fees related to credit and debit
card network use and related transaction processing paid by
the Department of the Treasury on behalf of commissary stores
and MWR facilities to credit and debit card networks and
issuers.
(3) An identification of all credit and debit card networks
to which the Department of the Treasury paid fees described
in paragraph (2).
(4) An identification of the 10 credit card issuers and the
10 debit card issuers to which the Department of the Treasury
paid the most fees described in paragraph (2).
(5) The total amount of user fees imposed on individuals
under section 1065(g) of title 10, United States Code, who
are--
(A) veterans who were awarded the Purple Heart;
(B) veterans who were Medal of Honor recipients;
(C) veterans who are former prisoners of war;
(D) veterans with a service-connected disability; and
(E) caregivers or family caregivers of a veteran.
(6) The total amount of fees described in paragraph (2)
that were reimbursed to the Department of the Treasury by
credit and debit card networks and issuers in order to spare
individuals described in subsection (a) from being charged
user fees for credit and debit card use at commissary stores
or MWR retail facilities.
(c) Definitions.--In this section, the terms ``caregiver'',
``family caregiver'', and ``MWR facilities'' have the
meanings given those terms in section 1065(h) of title 10,
United States Code.
______
SA 2396. Mr. ROUNDS (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. MODERNIZING LAW ENFORCEMENT NOTIFICATION.
(a) Verified Electronic Notification Defined.--Section
921(a) of title 18, United States Code, is amended by adding
at the end the following:
``(38) The term `verified electronic notification', with
respect to a communication to a chief law enforcement officer
required under section 922(c)(2), means a digital
communication--
``(A) sent to the electronic communication address that the
chief law enforcement officer voluntarily designates for the
purpose of receiving those communications; and
``(B) that includes a method for verifying--
``(i) the receipt of the communication; and
``(ii) the electronic communication address to which the
communication is sent.''.
(b) Verified Electronic Notification.--Section 922(c) of
title 18, United States Code, is amended by striking
paragraph (2) and inserting the following:
``(2) the transferor has--
``(A) prior to the shipment or delivery of the firearm,
forwarded a copy of the sworn statement, together with a
description of the firearm, in a form prescribed by the
Attorney General, to the chief law enforcement officer of the
transferee's place of residence, by--
``(i) registered or certified mail (return receipt
requested); or
``(ii) verified electronic notification; and
``(B)(i) with respect to a delivery method described in
subparagraph (A)(i)--
``(I) received a return receipt evidencing delivery of the
statement; or
``(II) had the statement returned due to the refusal of the
named addressee to accept such letter in accordance with
United States Post Office Department regulations; or
``(ii) with respect to a delivery method described in
subparagraph (A)(ii), received a return receipt evidencing
delivery of the statement; and''.
______
SA 2397. Mrs. BLACKBURN submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. STUDY ON EFFECTIVENESS OF HEARING LOSS PREVENTION
PROGRAMS.
(a) Study.--The Secretary of Defense, in partnership with
the Secretary of Veterans Affairs, shall conduct a study on
the effectiveness of hearing loss prevention programs of the
Department of Defense in reducing hearing loss and tinnitus
prevalence among members of the Armed Forces and veterans.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the study
conducted under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include, at a minimum--
(A) the amount of funding used and types of programs
implemented to address hearing loss among members of the
Armed Forces;
(B) an identification of such programs that are effective;
and
(C) recommendations for legislative action to improve
hearing health outcomes among members of the Armed Forces and
veterans.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
______
SA 2398. Mr. SCHMITT submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. PROHIBITION APPLICABLE TO GLOBAL ENGAGEMENT CENTER
OF DEPARTMENT OF STATE REGARDING NEWS
DISINFORMATION AND MISINFORMATION.
Section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (22 U.S.C. 2656 note) is amended--
(1) in subsection (h), by striking ``subsection (j)'' and
inserting ``subsection (k)'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following:
``(j) Prohibition Regarding News Disinformation and
Misinformation.--None of the funds authorized to be
appropriated or otherwise made available to carry out this
[[Page S4737]]
section shall be used to create, or provide funding to a
foreign government, quasi-governmental organization, or
nonprofit organization for the research, development, or
maintenance of, any list or ranking system relating to
disinformation or misinformation of United States-based news
content, regardless of medium.''.
______
SA 2399. Mr. CORNYN proposed an amendment to the bill S. 150, to
amend the Federal Trade Commission Act to prohibit product hopping, and
for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Prescriptions for
Patients Act of 2023''.
SEC. 2. TITLE 35 AMENDMENTS.
(a) In General.--Section 271(e) of title 35, United States
Code, is amended--
(1) in paragraph (2)(C), in the flush text following clause
(ii), by adding at the end the following: ``With respect to a
submission described in clause (ii), the act of infringement
shall extend to any patent that claims the biological
product, a method of using the biological product, or a
method or product used to manufacture the biological
product.''; and
(2) by adding at the end the following:
``(7)(A) Subject to subparagraphs (C), (D), and (E), if the
sponsor of an approved application for a reference product,
as defined in section 351(i) of the Public Health Service Act
(42 U.S.C. 262(i)) (referred to in this paragraph as the
`reference product sponsor'), brings an action for
infringement under this section against an applicant for
approval of a biological product under section 351(k) of such
Act that references that reference product (referred to in
this paragraph as the `subsection (k) applicant'), the
reference product sponsor may assert in the action a total of
not more than 20 patents of the type described in
subparagraph (B), not more than 10 of which shall have issued
after the date specified in section 351(l)(7)(A) of such Act.
``(B) The patents described in this subparagraph are
patents that satisfy each of the following requirements:
``(i) Patents that claim the biological product that is the
subject of an application under section 351(k) of the Public
Health Service Act (42 U.S.C. 262(k)) (or a use of that
product) or a method or product used in the manufacture of
such biological product.
``(ii) Patents that are included on the list of patents
described in paragraph (3)(A) of section 351(l) of the Public
Health Service Act (42 U.S.C. 262(l)), including as provided
under paragraph (7) of such section 351(l).
``(iii) Patents that--
``(I) have an actual filing date of more than 4 years after
the date on which the reference product is approved; or
``(II) include a claim to a method in a manufacturing
process that is not used by the reference product sponsor.
``(C) The court in which an action described in
subparagraph (A) is brought may increase the number of
patents limited under that subparagraph--
``(i) if the request to increase that number is made
without undue delay; and
``(ii)(I) if the interest of justice so requires; or
``(II) for good cause shown, which--
``(aa) shall be established if the subsection (k) applicant
fails to provide information required section 351(k)(2)(A) of
the Public Health Service Act (42 U.S.C. 262(k)(2)(A)) that
would enable the reference product sponsor to form a
reasonable belief with respect to whether a claim of
infringement under this section could reasonably be asserted;
and
``(bb) may be established--
``(AA) if there is a material change to the biological
product (or process with respect to the biological product)
of the subsection (k) applicant that is the subject of the
application;
``(BB) if, with respect to a patent on the supplemental
list described in section 351(l)(7)(A) of Public Health
Service Act (42 U.S.C. 262(l)(7)(A)), the patent would have
issued before the date specified in such section 351(l)(7)(A)
but for the failure of the Office to issue the patent or a
delay in the issuance of the patent, as described in
paragraph (1) of section 154(b) and subject to the
limitations under paragraph (2) of such section 154(b); or
``(CC) for another reason that shows good cause, as
determined appropriate by the court.
``(D) In determining whether good cause has been shown for
the purposes of subparagraph (C)(ii)(II), a court may
consider whether the reference product sponsor has provided a
reasonable description of the identity and relevance of any
information beyond the subsection (k) application that the
court believes is necessary to enable the court to form a
belief with respect to whether a claim of infringement under
this section could reasonably be asserted.
``(E) The limitation imposed under subparagraph (A)--
``(i) shall apply only if the subsection (k) applicant
completes all actions required under paragraphs (2)(A),
(3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l)
of the Public Health Service Act (42 U.S.C. 262(l)); and
``(ii) shall not apply with respect to any patent that
claims, with respect to a biological product, a method for
using that product in therapy, diagnosis, or prophylaxis,
such as an indication or method of treatment or other
condition of use.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to an application submitted under
section 351(k) of the Public Health Service Act (42 U.S.C.
262(k)) on or after the date of enactment of this Act.
(c) Medicare Improvement Fund.--Section 1898(b)(1) of the
Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by
striking ``$0'' and inserting ``$1,800,000,000''.
______
SA 2400. Ms. SINEMA (for herself and Mr. Hagerty) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE
DEVICES FROM RESTRICTIONS UNDER TITLE 18,
UNITED STATES CODE.
Section 921(a) of title 18, United States Code, is
amended--
(1) in the second sentence of paragraph (3), by inserting
``or a less-than-lethal projectile device'' before the
period; and
(2) by adding at the end the following:
``(38) The term `less-than-lethal projectile device' means
a device with a bore or multiple bores, that--
``(A) is not designed or intended to expel a projectile at
a velocity exceeding 500 feet per second by any means; and
``(B) is designed or intended to be used in a manner that
is not likely to cause death or serious bodily injury.''.
______
SA 2401. Mr. WHITEHOUSE (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND
CORRUPTION.
Section 101 of the National Security Act of 1947 (50 U.S.C.
3021) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``; and'' and inserting a
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) assess the national security implications of foreign
corruption and kleptocracy (including strategic corruption)
and coordinate, without assuming operational authority, the
United States Government efforts to counter foreign
corruption and kleptocracy.'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
``(h) Coordinator for Combating Foreign Kleptocracy and
Corruption.--
``(1) In general.--The President shall designate an officer
of the National Security Council to be responsible for--
``(A) the assessment of the national security implications
of foreign corruption and kleptocracy (including strategic
corruption); and
``(B) the coordination of the interagency process to
counter foreign corruption and kleptocracy.
``(2) Responsibilities.--In addition to the coordination
and assessment described in paragraph (1), the officer
designated pursuant to paragraph (1) shall be responsible for
the following:
``(A) Coordinating and deconflicting anti-corruption and
counter-kleptocracy initiatives across the Federal
Government, including those at the Department of State, the
Department of the Treasury, the Department of Justice, and
the United States Agency for International Development.
``(B) Informing deliberations of the Council by
highlighting the wide-ranging and destabilizing effects of
corruption on a variety of issues, including drug
trafficking, arms trafficking, sanctions evasion, cybercrime,
voting rights and global democracy initiatives, and other
matters of national security concern to the Council.
``(C) Updating, as appropriate, and coordinating the
implementation of the United States strategy on countering
corruption.
``(3) Coordination with coordinator for combating malign
foreign influence operations and campaigns.--The officer
designated under paragraph (1) of this subsection shall
coordinate with the employee designated under subsection
(g)(1).
``(4) Liaison.--The officer designated under paragraph (1)
shall serve as a liaison, for purposes of coordination
described in such paragraph and paragraph (2)(A), with the
following:
[[Page S4738]]
``(A) The Department of State.
``(B) The Department of the Treasury.
``(C) The Department of Justice.
``(D) The intelligence community.
``(E) The United States Agency for International
Development.
``(F) Any other Federal agency that the President considers
appropriate.
``(G) Good government transparency groups in civil society.
``(5) Congressional briefing.--
``(A) In general.--Not less frequently than once each year,
the officer designated pursuant to paragraph (1), or the
officer's designee, shall provide to the congressional
committees specified in subparagraph (B) a briefing on the
responsibilities and activities of the officer designated
under this subsection.
``(B) Committees specified.--The congressional committees
specified in this subparagraph are the following:
``(i) The Committee on Foreign Relations, the Select
Committee on Intelligence, and the Caucus on International
Narcotics Control of the Senate.
``(ii) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.''.
______
SA 2402. Mr. WHITEHOUSE (for himself, Mr. Graham, Mr. Blumenthal, Mr.
Risch, and Mr. Bennet) submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Asset Seizure for Ukraine Reconstruction Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Asset Seizure for
Ukraine Reconstruction Act''.
SEC. 1292. NATIONAL EMERGENCY DECLARATION RELATING TO HARMFUL
ACTIVITIES OF RUSSIAN FEDERATION RELATING TO
UKRAINE.
The procedures under section 1293 shall apply if the
President--
(1) declares a national emergency under section 201 of the
National Emergencies Act (50 U.S.C. 1621) with respect to
actions of the Government of the Russian Federation or
nationals of the Russian Federation that threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine; and
(2) declares that the use of the procedures under section
1293 are necessary as a response to the national emergency.
SEC. 1293. PROCEDURES.
(a) Nonjudicial Forfeiture.--Property may be forfeited
through nonjudicial civil forfeiture under section 609 of the
Tariff Act of 1930 (19 U.S.C. 1609), without regard to
limitation under section 607(a)(1) of that Act (19 U.S.C.
1607(a)(1)), if--
(1) the President makes the declaration described in
section 1292; and
(2) the Attorney General, or a designee, makes the
certification described in subsection (b) with respect to the
property.
(b) Certification.--After seizure of property and prior to
forfeiture of the property under subsection (a), the Attorney
General, or a designee, shall certify that, upon forfeiture,
the property will be covered forfeited property (as defined
in section 1708(c) of the Additional Ukraine Supplemental
Appropriations Act, 2023 (division M of Public Law 117-328;
136 Stat. 5200), as amended by this subtitle).
SEC. 1294. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
(a) In General.--Section 1708(c) of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public
Law 117-328; 136 Stat. 5200) is amended--
(1) in paragraph (2), by striking ``which property
belonged'' and all that follows and inserting the following:
``which property--
``(A) belonged to, was possessed by, or was controlled by a
person the property or interests in property of which were
blocked pursuant to any license, order, regulation, or
prohibition imposed by the United States under the authority
provided by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) or any other provision of law, with
respect to--
``(i) the Russian Federation; or
``(ii) actions or policies that undermine the democratic
processes and institutions in Ukraine or threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine;
``(B) was involved in an act in violation of or a
conspiracy or scheme to violate--
``(i) any license, order, regulation, or prohibition
described in subparagraph (A); or
``(ii) any restriction on the export, reexport, or in-
country transfer of items imposed by the United States under
the Export Administration Regulations, or any restriction on
the export, reexport, or retransfer of defense articles under
the International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal
Regulations, with respect to--
``(I) the Russian Federation, Belarus, the Crimea region of
Ukraine, or the so-called `Donetsk People's Republic' or
`Luhansk People's Republic' regions of Ukraine;
``(II) any person in any such country or region on a
restricted parties list; or
``(III) any person located in any other country that has
been added to a restricted parties list in connection with
the malign conduct of the Russian Federation in Ukraine,
including the annexation of the Crimea region of Ukraine in
March 2014 and the invasion beginning in February 2022 of
Ukraine, as substantially enabled by Belarus; or
``(C) was involved in any related conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with or acting on behalf of, the Russian Federation,
Belarus, the Crimea region of Ukraine, or the so-called
`Donetsk People's Republic' or `Luhansk People's Republic'
regions of Ukraine.''; and
(2) by adding at the end the following:
``(3) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).
``(4) The term `restricted parties list' means any of the
following lists maintained by the Bureau of Industry and
Security:
``(A) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
``(B) The Denied Persons List maintained pursuant to
section 764.3(a)(2) of the Export Administration Regulations.
``(C) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.''.
(b) Extension of Authority.--Section 1708(d) of the
Additional Ukraine Supplemental Appropriations Act, 2023 is
amended by striking ``May 1, 2025'' and inserting ``the date
that is 3 years after the date of the enactment of the Asset
Seizure for Ukraine Reconstruction Act''.
SEC. 1295. RULEMAKING.
The Attorney General and the Secretary of the Treasury may
prescribe regulations to carry out this subtitle without
regard to the requirements of section 553 of title 5, United
States Code.
SEC. 1296. TERMINATION.
(a) In General.--The provisions of this subtitle shall
terminate on the date that is 3 years after the date of the
enactment of this Act.
(b) Savings Provision.--The termination of this subtitle
under subsection (a) shall not--
(1) terminate the applicability of the procedures under
this subtitle to any property seized prior to the date of the
termination under subsection (a); or
(2) moot any legal action taken or pending legal proceeding
not finally concluded or determined on that date.
______
SA 2403. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. REPORT ON STATUS OF REUSABLE HYPERSONIC TECHNOLOGY
DEVELOPMENT ACTIVITIES.
(a) In General.--The Secretary of Defense shall submit to
Congress a report on the status of reusable hypersonic
technology development activities, including the High Mach
Turbine Engine.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) A proposed organizational structure for management of a
reusable hypersonic aircraft development program.
(2) An assessment of requirements and timeframe to
formalize a program office.
(3) A cost estimate and timeline for testing key enabling
technologies and programs.
______
SA 2404. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DEPARTMENT OF VETERANS AFFAIRS TEMPORARY LOCAL
VARIANCE FOR CERTAIN BUYER-BROKER CHARGES.
Not later than October 1, 2024, the Secretary of Veterans
Affairs shall prescribe regulations for Circular 26-24-14 of
the Veterans Benefits Administration, entitled ``Temporary
Local Variance for Certain Buyer-Broker Charges'' and dated
June 11, 2024, through notice-and-comment rulemaking.
______
SA 2405. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for
[[Page S4739]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1006. COMPLIANCE WITH PAYMENT INTEGRITY INFORMATION ACT
OF 2019.
The Under Secretary of Defense (Comptroller) and Chief
Financial Officer shall develop and implement--
(1) internal control procedures to ensure that components
of the Department of Defense produce reliable estimates of
improper payments (as defined in section 3351 of title 31,
United States Code); and
(2) a process for accurately reporting confirmed fraud in
the materials accompanying the financial report of the
Department required by section 3515 of title 31, United
States Code.
______
SA 2406. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. NATIONAL MEDAL OF HONOR MONUMENT LOCATION.
(a) Site.--Notwithstanding section 8908(c) of title 40,
United States Code, the commemorative work authorized by
section 1(a) of Public Law 117-80 (40 U.S.C. 8903 note) shall
be located within the Reserve (as defined in section 8902(a)
of title 40, United States Code).
(b) Applicability of Commemorative Works Act.--Except as
provided in subsection (a), chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act''), shall apply to the commemorative work.
______
SA 2407. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 1095. AMENDMENT TO REGULATIONS EXEMPTING ENGINES/
EQUIPMENT FOR NATIONAL SECURITY.
Not later than 90 days after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
shall revise the regulations under section 1068.225 of title
40, Code of Federal Regulations (as in effect on the date of
enactment of this Act), to specify that an engine or
equipment is exempt under that section without a request
described in that section if the engine or equipment--
(1) is for a marine vessel;
(2) has a rated horsepower of 60 or less; and
(3) will be owned by a Federal, State, or local emergency
response or public safety agency responsible for domestic
response or homeland security activities.
______
SA 2408. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10___. RELOCATION OF MEMORIAL HONORING THE 9 AIR FORCE
CREW MEMBERS WHO LOST THEIR LIVES IN AN
AIRPLANE CRASH DURING A TRAINING MISSION ON
AUGUST 31, 1982.
(a) In General.--With the consent of the owner of the
private land adjacent to the Cherohala Skyway in the State of
North Carolina on which there is located a memorial honoring
the 9 members of the Air Force crew of the C-141B transport
plane that crashed during a training mission over the
Cherokee and Nantahala National Forests on August 31, 1982
(referred to in this section as the ``memorial''), and
subject to subsections (b) through (e), the Secretary of
Agriculture (referred to in this section as the
``Secretary'') may authorize, by special use authorization,
the installation and any maintenance associated with the
installation of the memorial at an appropriate site at the
Stratton Ridge rest area located at mile marker 2 on the
Cherohala Skyway in Graham County, North Carolina, in the
Nantahala National Forest.
(b) Site Approval.--The site at which the memorial is
installed under subsection (a) is subject to approval by the
Secretary, in concurrence with--
(1) the North Carolina Department of Transportation; and
(2) in a case in which the site is located adjacent to a
Federal-aid highway, the Administrator of the Federal Highway
Administration.
(c) Funding.--No Federal funds may be used to relocate,
install, or maintain the memorial under subsection (a).
(d) Costs.--The individual or entity requesting the
installation of the memorial on National Forest System land
under subsection (a) shall be responsible for the costs
associated with the use of National Forest System land for
the memorial, including the costs of--
(1) processing the application for the relocation;
(2) issuing a special use authorization for the memorial,
including the costs associated with any related environmental
analysis; and
(3) relocating, installing, and maintaining the memorial.
(e) Terms and Conditions.--The special use authorization
for the installation of the memorial under subsection (a) may
include any terms and conditions that are determined to be
appropriate by the Secretary, including a provision
preventing any enlargement or expansion of the memorial.
______
SA 2409. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title V, insert
the following:
SEC. __. IMPACT AID ELIGIBILITY FOR CERTAIN HEAVILY IMPACTED
LOCAL EDUCATIONAL AGENCIES.
Section 7003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)) is amended--
(1) in subparagraph (B)(i)(IV)(aa), by striking ``35'' and
inserting ``20''; and
(2) in the matter preceding item (aa) of subparagraph
(D)(i)(II), by striking ``35'' and inserting ``20''.
______
SA 2410. Mr. CORNYN (for himself and Ms. Sinema) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. AUTHORIZATION FOR THE TRANSFER TO NASA OF FUNDS
FROM OTHER AGENCIES FOR SCIENTIFIC OR
ENGINEERING RESEARCH OR EDUCATION.
(a) In General.--Section 20113(f) of title 51, United
States Code, is amended--
(1) by striking ``In the performance of its functions'' and
inserting the following:
``(1) In general.--In the performance of its functions'';
and
(2) by adding at the end the following new paragraph:
``(2) Treatment.--Funds available to any department or
agency of the Federal Government for scientific or
engineering research or education, or the provision of
facilities therefor, shall, subject to the approval of the
head of such department or agency or as delegated pursuant to
such department's or agency's regulation, be available for
transfer, in whole or in part, to the Administration for such
use as is consistent with the purposes for which such funds
were appropriated. Funds so transferred shall be merged with
the appropriation to which transferred, except that such
transferred funds shall be limited to the awarding of grants
or cooperative agreements for scientific or engineering
research or education.''.
(b) Annual Information on Funds Transferred.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Administrator of the National
Aeronautics and Space Administration (in this section
referred to as the ``Administration'') shall include in the
annual budget justification materials of the Administration,
as submitted to Congress with the President's budget request
under section 1105 of title 31, United States Code,
information describing the activities conducted under
subsection (f) of section 20113 of title 51, United States
Code (as amended by subsection (a)), during the immediately
preceding fiscal year.
(2) Contents.--The information referred to in paragraph (1)
shall contain a description of each transfer of funds under
the authority provided for in paragraph (2) of subsection (f)
of section 20113 of title 51, United States Code (as added
and amended, respectively, by this section), during the
immediately preceding fiscal year, including the following:
(A) An identification of the department or agency of the
Federal Government from which such funds were transferred.
[[Page S4740]]
(B) The total amount of funds so transferred, disaggregated
by each such department or agency.
(C) The purposes for which such funds were appropriated to
each such agency or department.
(D) The program or activity of the Administration to which
such funds were made available by each such transfer.
(E) The purposes of each such Administration program or
activity, and the amount of funding appropriated to the
Administration for such purposes.
(c) Report.--Not later than three years after the date of
enactment of this Act, the Administrator of the
Administration shall submit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that includes the following:
(1) A summary of the value of the authority provided for in
paragraph (2) of subsection (f) of section 20113 of title 51,
United States Code (as added and amended, respectively, by
this section), including the extent which such authority has
benefitted Administration and its ability to meet its needs,
achieve its mission, or more effectively conduct interagency
collaborations.
(2) An identification of any barriers or challenges to
implementing such authority, or otherwise to managing funding
required to conduct joint programs and award jointly funded
grants and cooperative agreements by the Administration with
other Federal departments and agencies to advance the
missions of each such department and agency.
______
SA 2411. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 358. EXTENSION OF AUTHORITY FOR MODIFICATIONS TO SECOND
DIVISION MEMORIAL.
Notwithstanding section 8903(e) of title 40, United States
Code, the authority provided by section 352 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1367) shall continue to apply through
September 30, 2027.
______
SA 2412. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 855. AUTHORIZATION OF APPROPRIATIONS FOR DEVELOPMENT AND
PRODUCTION OF CRITICAL AND STRATEGIC MINERALS
UNDER DEFENSE PRODUCTION ACT OF 1950.
There are authorized to be appropriated to the Defense
Production Act Fund under section 304 of the Defense
Production Act of 1950 (50 U.S.C. 4534) $250,000,000 for
fiscal year 2025 for activities related to the development
and production of critical and strategic minerals within the
United States by the Department of Defense pursuant to
section 303 of that Act (50 U.S.C. 4533).
______
SA 2413. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DISINTERMENT OF REMAINS OF MICHAEL ALAN SILKA FROM
SITKA NATIONAL CEMETERY, ALASKA.
(a) Disinterment.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall disinter the remains of Michael Alan Silka from
Sitka National Cemetery, Alaska.
(b) Notification.--The Secretary of Veterans Affairs may
not carry out subsection (a) until after notifying the next
of kin of Michael Alan Silka.
(c) Disposition.--After carrying out subsection (a), the
Secretary of Veterans Affairs shall--
(1) relinquish the remains to the next of kin described in
subsection (b); or
(2) if no such next of kin responds to the notification
under subsection (b), arrange for disposition of the remains
as the Secretary determines appropriate.
______
SA 2414. Ms. MURKOWSKI (for herself, Mr. Moran, Mr. Cramer, Mr. Scott
of Florida, Mr. Budd, Mr. Cornyn, Ms. Duckworth, Ms. Rosen, Mr. Ossoff,
and Mr. King) submitted an amendment intended to be proposed by her to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FLEXIBILITIES FOR FEDERAL EMPLOYEES WHO ARE ARMED
FORCES OR FOREIGN SERVICE SPOUSES.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency''--
(A) means each agency, office, or other establishment in
the executive, legislative, or judicial branch of the Federal
Government; and
(B) includes--
(i) each nonappropriated fund instrumentality of the United
States, including each instrumentality described in section
2105(c) of title 5, United States Code; and
(ii) the United States Postal Service.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 2101 of
title 5, United States Code.
(3) Covered individual.--The term ``covered individual''
means an individual who--
(A) is the spouse of a member of the Armed Forces or the
Foreign Service;
(B) is an employee; and
(C) relocates because the spouse of the individual, as
described in subparagraph (A), is subject to a permanent
change of station.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Employee.--The term ``employee'' means an employee of
an agency.
(6) Permanent change of station.--The term ``permanent
change of station'' means, with respect to a member of the
Armed Forces or the Foreign Service--
(A) a permanent change of duty station; or
(B) a change in homeport of a vessel, ship-based squadron
or staff, or mobile unit.
(7) Permanent employee.--The term ``permanent employee''
does not include an employee who is serving under a temporary
appointment or a term appointment.
(b) Requirement.--Not later than 30 days after receiving a
request from a covered individual, the head of the agency
employing the covered individual shall--
(1) authorize the covered individual to work remotely full-
time if that agency head determines that the duties of the
covered individual do not require the regular physical
presence of the covered individual in the workplace;
(2) transfer the covered individual, if qualified, to a
position of equal grade in the agency and in the commuting
area of the new duty station or homeport of the spouse of the
covered individual;
(3) transfer the covered individual, if qualified, to a
remote position of equal grade in the agency; or
(4) in the case of a covered individual who is not
authorized to work remotely under paragraph (1), or to be
transferred under paragraph (2) or (3), place the covered
individual into a nonpay and nonduty status for the greater
of--
(A) the duration of the service of the spouse of the
covered individual at the new duty station or homeport of
that spouse, as described in paragraph (2); or
(B) the period of 36 consecutive months following the
permanent change of station of the spouse of the covered
individual.
(c) Non-Encumbered Nonpay and Nonduty Status.--A position
held by a covered individual placed into nonpay and nonduty
status under this section--
(1) shall not be considered to be encumbered; and
(2) may be backfilled by a permanent employee.
(d) Reports.--
(1) Agency reports to opm.--For each of the first 5 full
fiscal years beginning after the date of enactment of this
Act, the head of each agency shall, not later than 180 days
after the last day of that fiscal year, submit to the
Director--
(A) a list of each request received by that agency head
under subsection (b) during the applicable fiscal year; and
(B) the action taken by the agency head under subsection
(b) with respect to each request described in subparagraph
(A).
(2) Report to congress.--With respect to the information
received by the Director under paragraph (1) for a fiscal
year, the Director shall, not later than 195 days after the
last day of that fiscal year, submit to Congress a report
containing all of that information for that fiscal year,
which shall be sorted by agency.
______
SA 2415. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal
[[Page S4741]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title X, add the following:
SEC. 10___. 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 2416. Ms. MURKOWSKI (for herself and Ms. Klobuchar) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. SUPPORT FOR INDIVIDUALS AND FAMILIES IMPACTED BY
FETAL ALCOHOL SPECTRUM DISORDER.
(a) In General.--Part O of title III of the Public Health
Service Act (42 U.S.C. 280f et seq.) is amended--
(1) by amending the part heading to read as follows:
``fetal alcohol spectrum disorders prevention and services
program'';
(2) in section 399H (42 U.S.C. 280f)--
(A) in the section heading, by striking ``establishment of
fetal alcohol syndrome prevention'' and inserting ``fetal
alcohol spectrum disorders prevention, intervention,'';
(B) by striking ``Fetal Alcohol Syndrome and Fetal Alcohol
Effect'' each place it appears and inserting ``FASD'';
(C) in subsection (a)--
(i) by amending the heading to read as follows: ``In
General'';
(ii) in the matter preceding paragraph (1)--
(I) by inserting ``or continue activities to support''
after ``shall establish'';
(II) by striking ``FASD'' (as amended by subparagraph (B))
and inserting ``fetal alcohol spectrum disorders (referred to
in this section as `FASD')'';
(III) by striking ``prevention, intervention'' and
inserting ``awareness, prevention, identification,
intervention,''; and
(IV) by striking ``that shall'' and inserting ``, which
may'';
(iii) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``medical schools'' and inserting ``health
professions schools''; and
(bb) by inserting ``infants,'' after ``provision of
services for''; and
(II) in subparagraph (D), by striking ``medical and
mental'' and inserting ``agencies providing'';
[[Page S4742]]
(iv) in paragraph (2)--
(I) in the matter preceding subparagraph (A), by striking
``a prevention and diagnosis program to support clinical
studies, demonstrations and other research as appropriate''
and inserting ``supporting and conducting research on FASD,
as appropriate, including''; and
(II) in subparagraph (B)--
(aa) by striking ``prevention services and interventions
for pregnant, alcohol-dependent women'' and inserting
``culturally and linguistically appropriate evidence-based or
evidence-informed interventions and appropriate societal
supports for preventing prenatal alcohol exposure, which may
co-occur with exposure to other substances''; and
(bb) by striking ``; and'' and inserting a semicolon; and
(v) by striking paragraph (3) and inserting the following:
``(3) integrating into surveillance a case definition for
FASD and, in collaboration with other Federal and outside
partners, support organizations of appropriate medical and
mental health professionals in their development and
refinement of evidence-based clinical diagnostic guidelines
and criteria for all FASD; and
``(4) building State and Tribal capacity for the
identification, treatment, and support of individuals with
FASD and their families, which may include--
``(A) utilizing and adapting existing Federal, State, or
Tribal programs to include FASD identification and FASD-
informed support;
``(B) developing and expanding screening and diagnostic
capacity for FASD;
``(C) developing, implementing, and evaluating targeted
FASD-informed intervention programs for FASD;
``(D) increasing awareness of FASD;
``(E) providing training with respect to FASD for
professionals across relevant sectors; and
``(F) disseminating information about FASD and support
services to affected individuals and their families.'';
(D) in subsection (b)--
(i) by striking ``described in section 399I'';
(ii) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(iii) by adding at the end the following:
``(2) Eligible entities.--To be eligible to receive a
grant, or enter into a cooperative agreement or contract,
under this section, an entity shall--
``(A) be a State, Indian Tribe or Tribal organization,
local government, scientific or academic institution, or
nonprofit organization; and
``(B) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a description of the
activities that the entity intends to carry out using amounts
received under this section.
``(3) Additional application contents.--The Secretary may
require that an eligible entity include in the application
submitted under paragraph (2)(B)--
``(A) a designation of an individual to serve as a FASD
State or Tribal coordinator of activities such eligible
entity proposes to carry out through a grant, cooperative
agreement, or contract under this section; and
``(B) a description of an advisory committee the entity
will establish to provide guidance for the entity on
developing and implementing a statewide or Tribal strategic
plan to prevent FASD and provide for the identification,
treatment, and support of individuals with FASD and their
families.'';
(E) by striking subsections (c) and (d); and
(F) by adding at the end the following:
``(c) Definition of FASD-informed.--For purposes of this
section, the term `FASD-informed', with respect to support or
an intervention program, means that such support or
intervention program uses culturally and linguistically
informed evidence-based or practice-based interventions and
appropriate societal supports to support an improved quality
of life for an individual with FASD and the family of such
individual.''; and
(3) by striking sections 399I, 399J, and 399K (42 U.S.C.
280f-1, 280f-2, 280f-3) and inserting the following:
``SEC. 399I. FETAL ALCOHOL SPECTRUM DISORDERS CENTERS FOR
EXCELLENCE.
``(a) In General.--The Secretary shall, as appropriate,
award grants, cooperative agreements, or contracts to public
or nonprofit private entities with demonstrated expertise in
the prevention of, identification of, and intervention
services with respect to, fetal alcohol spectrum disorders
(referred to in this section as `FASD') and other related
adverse conditions. Such awards shall be for the purposes of
establishing Fetal Alcohol Spectrum Disorders Centers for
Excellence to build local, Tribal, State, and nationwide
capacities to prevent the occurrence of FASD and other
related adverse conditions, and to respond to the needs of
individuals with FASD and their families by carrying out the
programs described in subsection (b).
``(b) Programs.--An entity receiving an award under
subsection (a) may use such award for the following purposes:
``(1) Initiating or expanding diagnostic capacity for FASD
by increasing screening, assessment, identification, and
diagnosis.
``(2) Developing and supporting public awareness and
outreach activities, including the use of a range of media
and public outreach, to raise public awareness of the risks
associated with alcohol consumption during pregnancy, with
the goals of reducing the prevalence of FASD and improving
the developmental, health (including mental health), and
educational outcomes of individuals with FASD and supporting
families caring for individuals with FASD.
``(3) Acting as a clearinghouse for evidence-based
resources on FASD prevention, identification, and culturally
and linguistically appropriate best practices, including the
maintenance of a national data-based directory on FASD-
specific services in States, Indian Tribes, and local
communities, and disseminating ongoing research and
developing resources on FASD to help inform systems of care
for individuals with FASD across their lifespan.
``(4) Increasing awareness and understanding of
efficacious, evidence-based screening tools and culturally
and linguistically appropriate evidence-based intervention
services and best practices, which may include by conducting
nationwide, regional, State, Tribal, or peer cross-State
webinars, workshops, or conferences for training community
leaders, medical and mental health and substance use disorder
professionals, education and disability professionals,
families, law enforcement personnel, judges, individuals
working in financial assistance programs, social service
personnel, child welfare professionals, and other service
providers.
``(5) Improving capacity for State, Tribal, and local
affiliates dedicated to FASD awareness, prevention, and
identification and family and individual support programs and
services.
``(6) Providing technical assistance to recipients of
grants, cooperative agreements, or contracts under section
399H, as appropriate.
``(7) Carrying out other functions, as appropriate.
``(c) Application.--To be eligible for a grant, contract,
or cooperative agreement under this section, an entity shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(d) Subcontracting.--A public or private nonprofit entity
may carry out the following activities required under this
section through contracts or cooperative agreements with
other public and private nonprofit entities with demonstrated
expertise in FASD:
``(1) Prevention activities.
``(2) Screening and identification.
``(3) Resource development and dissemination, training and
technical assistance, administration, and support of FASD
partner networks.
``(4) Intervention and treatment services.
``SEC. 399J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years
2024 through 2028.''.
(b) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
efforts of the Department of Health and Human Services to
advance public awareness of, and facilitate the
identification of best practices related to, fetal alcohol
spectrum disorders identification, prevention, treatment, and
support.
(c) Technical Amendment.--Section 519D of the Public Health
Service Act (42 U.S.C. 290bb-25d) is repealed.
______
SA 2417. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. MODIFICATION OF REGIONAL CENTERS FOR SECURITY
STUDIES TO PROVIDE AUTHORITY SPECIFIC TO TED
STEVENS CENTER FOR ARCTIC SECURITY STUDIES.
Section 342(i) of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking ``Inouye
Center'' and inserting ``Inouye and Stevens Centers'';
(2) in paragraph (1), by inserting ``and the Ted Stevens
Center for Arctic Security Studies'' after ``Daniel K. Inouye
Center for Security Studies''; and
(3) in paragraph (2), by striking ``the Center'' and
inserting ``such Centers''.
______
SA 2418. Mr. BRAUN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. AGRICULTURAL FOREIGN INVESTMENT DISCLOSURES.
(a) Reporting; Enforcement.--
[[Page S4743]]
(1) Reporting requirement.--Section 2 of the Agricultural
Foreign Investment Disclosure Act of 1978 (7 U.S.C. 3501) is
amended by adding at the end the following:
``(g) Minimum Ownership.--In the case of agricultural land
in which more than 1 foreign person acquires or transfers any
interest, other than a security interest, the reporting
requirements under this section shall apply to each foreign
person that holds at least a 1-percent interest in that
land--
``(1) directly through the first tier of ownership; or
``(2) in the aggregate through an interest in other
entities at various tiers.''.
(2) Enforcement.--Section 4 of the Agricultural Foreign
Investment Disclosure Act of 1978 (7 U.S.C. 3503) is
amended--
(A) by striking the section designation and all that
follows through ``The Secretary'' and inserting the
following:
``SEC. 4. INVESTIGATIVE ACTIONS.
``(a) In General.--The Secretary''; and
(B) by adding at the end the following:
``(b) Actions by FPAC-BC.--As part of the actions taken
under subsection (a), the Farm Production and Conservation
Business Center shall--
``(1) take such actions as are necessary to validate the
data collected under section 2, including revising and
validating information throughout the data collection
process;
``(2) take such actions as are necessary to ensure
compliance with section 2(g); and
``(3) in coordination with the Farm Service Agency, to the
maximum extent practicable, identify persons that have
carried out an activity subject to a civil penalty described
in paragraph (1) or (2) of section 3(a).''.
(b) Disclosure Improvements.--
(1) Memoranda of understanding.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Agriculture (referred to in this subsection as the
``Secretary'') shall enter into 1 or more memoranda of
understanding with the Committee on Foreign Investment in the
United States under which the Secretary shall provide to the
Committee all relevant information relating to reports on
foreign ownership of United States agricultural land
submitted to the Secretary under section 2 of the
Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3501), including information relating to--
(A) each report submitted to the Secretary; and
(B) with respect to each such report--
(i) the identity of the person submitting the report; and
(ii) the date of submission.
(2) Handbook updates.--
(A) First update.--
(i) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall update the most
recent version of the Farm Service Agency handbook entitled
``Foreign Investment Disclosure'' as the Secretary determines
to be necessary for the effective implementation of the
Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3501 et seq.).
(ii) Requirement.--The update under clause (i) shall
incorporate recommendations included in the report of the
Government Accountability Office entitled ``Foreign
Investments in U.S. Agricultural Land: Enhancing Efforts to
Collect, Track, and Share Key Information Could Better
Identify National Security Risks'' and dated January 18,
2024.
(B) Subsequent updates.--After updating the handbook
described in subparagraph (A)(i) under that subparagraph, the
Secretary shall update the handbook not less frequently than
once every 10 years thereafter, including by incorporating
any relevant recommendations of the Government Accountability
Office.
(3) Analysis of streamlined process for electronic
submission and retention of reports.--
(A) Definition of covered process.--In this paragraph, the
term ``covered process'' means the streamlined process for
electronic submission and retention of disclosures under the
Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3501 et seq.) required under section 773 of division A
of the Consolidated Appropriations Act, 2023 (7 U.S.C. 3501
note; 136 Stat. 4509).
(B) Analysis.--If the covered process is not established by
the date that is 1 year after the date of enactment of this
Act, the Farm Production and Conservation Business Center, in
coordination with the Farm Service Agency, shall, by that
date--
(i) carry out an analysis of the specific steps required to
establish the covered process and the elements of the covered
process; and
(ii) develop a timeline for specific implementation
benchmarks to be met.
(C) Report.--The Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report describing the analysis and implementation timeline
under subparagraph (B), if applicable.
______
SA 2419. Ms. SMITH submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. TRANSFER OF ADDITIONAL FEDERAL LAND TO THE LEECH
LAKE BAND OF OJIBWE.
(a) Findings.--Section 2(a)(5) of the Leech Lake Band of
Ojibwe Reservation Restoration Act (Public Law 116-255; 134
Stat. 1140) is amended by striking subparagraph (B) and
inserting the following:
``(B) does not intend immediately to modify the use of the
Federal land.''.
(b) Inclusion of Additional Federal Land.--Section 2 of the
Leech Lake Band of Ojibwe Reservation Restoration Act (Public
Law 116-255; 134 Stat. 1139) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A)--
(i) by striking ``means the approximately'' and inserting
``means--
``(i) the approximately'';
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) any other land managed by the Secretary, through the
Chief of the Forest Service, located in the Chippewa National
Forest in Cass County, Minnesota, which records maintained by
the Bureau of Indian Affairs show was sold without the
unanimous consent of the rightful landowners.''; and
(B) in subparagraph (B)--
(i) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively; and
(ii) by inserting before clause (ii) (as so redesignated)
the following:
``(i) any land transferred pursuant to an agreement entered
into between the Secretary and the Tribe under subsection
(c)(2);'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Agreement.--
``(A) In general.--On agreement between the Secretary and
the Tribe, the Secretary shall substitute, for purposes of
the transfer under paragraph (1), alternative National Forest
System land located in Cass County, Minnesota, on an acre-
for-acre basis, for those parcels of Federal land to be
transferred under that paragraph in a manner that avoids in-
holdings and provides a preference for land adjacent to or
near existing Leech Lake trust lands and lands of cultural
importance to the Tribe, to the maximum extent practicable.
``(B) Frequency of transfers.--Pursuant to an agreement
entered into under subparagraph (A), the Secretary may
transfer land to the Secretary of the Interior on a rolling
basis as that land is identified and surveys are
completed.''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``described in
subsection (b)(1)(A)(i)'' after ``Federal land''; and
(ii) in subparagraph (B), by striking ``submit a map and
legal description of the Federal land'' and inserting
``submit maps and legal descriptions of the Federal land
transferred pursuant to paragraphs (1) and (2) of subsection
(c), as applicable,'';
(B) in paragraph (2)--
(i) by striking ``map and legal description'' and inserting
``maps and legal descriptions''; and
(ii) by striking ``map or legal description'' and inserting
``maps or legal descriptions''; and
(C) in paragraph (3), by striking ``map and legal
description'' and inserting ``maps and legal descriptions''.
______
SA 2420. Ms. SMITH submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10____. REVOCATION OF CHARTER OF INCORPORATION OF THE
LOWER SIOUX INDIAN COMMUNITY.
The request of the Lower Sioux Indian Community in the
State of Minnesota to surrender the charter of incorporation
issued to that community and ratified on July 17, 1937,
pursuant to section 17 of the Act of June 18, 1934 (commonly
known as the ``Indian Reorganization Act'') (48 Stat. 988,
chapter 576; 25 U.S.C. 5124), is hereby accepted and that
charter of incorporation is hereby revoked.
______
SA 2421. Mr. BENNET (for himself and Mr. Boozman) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal
[[Page S4744]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. PREEMIE REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the
``PREEMIE Reauthorization Act of 2024''.
(b) Research Relating to Preterm Labor and Delivery and the
Care, Treatment, and Outcomes of Preterm and Low Birthweight
Infants.--
(1) In general.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early
Act (42 U.S.C. 247b-4f(e)) is amended by striking ``fiscal
years 2019 through 2023'' and inserting ``fiscal years 2024
through 2028''.
(2) Technical correction.--Effective as if included in the
enactment of the PREEMIE Reauthorization Act of 2018 (Public
Law 115-328), section 2 of such Act is amended, in the matter
preceding paragraph (1), by striking ``Section 2'' and
inserting ``Section 3''.
(c) Interagency Working Group.--Section 5(a) of the PREEMIE
Reauthorization Act of 2018 (Public Law 115-328) is amended
by striking ``The Secretary of Health and Human Services, in
collaboration with other departments, as appropriate, may
establish'' and inserting ``Not later than 18 months after
the date of the enactment of the PREEMIE Reauthorization Act
of 2024, the Secretary of Health and Human Services, in
collaboration with other departments, as appropriate, shall
establish''.
(d) Study on Preterm Births.--
(1) In general.--The Secretary of Health and Human Services
shall enter into appropriate arrangements with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall--
(A) not later than 30 days after the date of enactment of
this Act, convene a committee of experts in maternal health
to study premature births in the United States; and
(B) upon completion of the study under subparagraph (A)--
(i) approve by consensus a report on the results of such
study;
(ii) include in such report--
(I) an assessment of each of the topics listed in paragraph
(2);
(II) the analysis required by paragraph (3); and
(III) the raw data used to develop such report; and
(iii) not later than 24 months after the date of enactment
of this Act, transmit such report to--
(I) the Secretary of Health and Human Services;
(II) the Committee on Energy and Commerce of the House of
Representatives; and
(III) the Committee on Finance and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(2) Assessment topics.--The topics listed in this paragraph
are each of the following:
(A) The financial costs of premature birth to society,
including--
(i) an analysis of stays in neonatal intensive care units
and the cost of such stays;
(ii) long-term costs of stays in such units to society and
the family involved post-discharge; and
(iii) health care costs for families post-discharge from
such units (such as medications, therapeutic services, co-
payments for visits, and specialty equipment).
(B) The factors that impact preterm birth rates.
(C) Opportunities for earlier detection of premature birth
risk factors, including--
(i) opportunities to improve maternal and infant health;
and
(ii) opportunities for public health programs to provide
support and resources for parents in-hospital, in non-
hospital settings, and post-discharge.
(3) Analysis.--The analysis required by this paragraph is
an analysis of--
(A) targeted research strategies to develop effective
drugs, treatments, or interventions to bring at-risk
pregnancies to term;
(B) State and other programs' best practices with respect
to reducing premature birth rates; and
(C) precision medicine and preventative care approaches
starting early in the life course (including during
pregnancy) with a focus on behavioral and biological
influences on premature birth, child health, and the
trajectory of such approaches into adulthood.
______
SA 2422. Ms. KLOBUCHAR (for herself and Mr. Braun) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PREVENTION OF CATALYTIC CONVERTER THEFTS.
(a) Requirements for New Motor Vehicle Regulations Relating
to Catalytic Converters.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration (referred to in this
subsection as the ``Administrator'') shall--
(A) issue a notice of proposed rulemaking to revise the
motor vehicle theft prevention standard contained in section
541.5 of title 49, Code of Federal Regulations (or a
successor regulation), to include catalytic converters among
the parts specified in subsection (a) of that section;
(B) issue a notice of proposed rulemaking to revise part
543 of title 49, Code of Federal Regulations (or successor
regulations), to require that, notwithstanding the granting
of a petition under that part, all catalytic converters be
marked in accordance with section 541.5 of that title (as
revised pursuant to subparagraph (A)); and
(C) update other regulations, as necessary, to ensure that,
with respect to catalytic converters, the requirements of
section 541.5 and part 543 of title 49, Code of Federal
Regulations (as revised in accordance with subparagraphs (A)
and (B), respectively), apply to any vehicle covered by part
565 of that title (or successor regulations).
(2) Application.--Notwithstanding any provision of chapter
331 of title 49, United States Code, in the case of a vehicle
described in section 565.2 of title 49, Code of Federal
Regulations (or a successor regulation), that has not been
sold to the first purchaser (as defined in section 33101 of
title 49, United States Code), the requirements added to
section 541.5 of title 49, Code of Federal Regulations (or a
successor regulation), by the Administrator in accordance
with subparagraph (A) of paragraph (1) shall apply to the
vehicle beginning on the date that is 180 days after the date
on which the Administrator makes the revisions and updates
required by that paragraph, regardless of the model year of
the vehicle or the date on which the vehicle is manufactured.
(3) Marking of catalytic converters notwithstanding an
exemption.--Section 33106 of title 49, United States Code, is
amended--
(A) in subsection (c)--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by inserting after paragraph (2) the following:
``(3) a certification that the catalytic converter will be
marked in accordance with sections 33101 through 33104,
including associated regulations; and''; and
(B) by adding at the end the following:
``(f) Requirements for Marking Catalytic Converters.--The
Administrator of the National Highway Traffic Safety
Administration shall promulgate regulations requiring
catalytic converters on a vehicle line to be marked in
accordance with sections 33101 through 33104, including
associated regulations.''.
(b) Grant Program for VIN Stamping.--
(1) Definitions.--In this subsection:
(A) Covered activity.--
(i) In general.--The term ``covered activity'', with
respect to a motor vehicle, means die or pin stamping of the
full vehicle identification number on the outside of the
catalytic converter in a conspicuous manner.
(ii) Stamping.--For purposes of clause (i), the term
``stamping'' means stamping--
(I) in a typed (not handwritten) font; and
(II) covered through the application of a coat of high-
visibility, high-heat theft deterrence paint.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a law enforcement agency;
(ii) an automobile dealer;
(iii) an automobile repair shop and service center; and
(iv) a nonprofit organization.
(C) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide grants to eligible entities to carry out
covered activities (excluding wages) relating to catalytic
converters.
(3) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(4) Requirement.--A covered activity carried out with a
grant awarded under this subsection shall be carried out at
no cost to the owner of--
(A) the motor vehicle being stamped; or
(B) any motor vehicle otherwise receiving service from an
eligible entity.
(5) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
(A) eligible entities operating in areas with the highest
need for covered activities, including the areas with the
highest rates of catalytic converter theft, as determined by
the Secretary; and
(B) eligible entities that are in possession of motor
vehicles that are subject to the requirement described in
subsection (a)(2).
(6) Procedures for marking.--In carrying out the grant
program under this subsection, the Secretary shall issue such
regulations as are necessary to establish procedures to mark
catalytic converters of vehicles most likely to be targeted
for theft with unique identification numbers using a
combination of die or pin stamping and high-visibility, high-
heat theft deterrence paint without damaging the function of
the catalytic converter.
(7) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 10 years,
the Secretary shall submit to Congress a report on
[[Page S4745]]
the grant program established under paragraph (2) that
includes a description of the progress, results, and any
findings of the grant program, including--
(A) the total number of catalytic converters marked under
the grant program; and
(B)(i) to the extent known, whether any catalytic
converters marked under the grant program were stolen; and
(ii) the outcome of any criminal investigation relating to
those thefts.
(8) Funding.--
(A) Unobligated funding available.--Of the unobligated
amounts appropriated by the American Rescue Plan Act of 2021
(Public Law 117-2; 135 Stat. 4), $7,000,000 shall be made
available to carry out this subsection.
(B) Authorization of appropriations.--In the event that the
total of $7,000,000 of the funds described in subparagraph
(A) may not be made available to carry out this subsection,
there is authorized to be appropriated to carry out this
subsection an amount equal to the remaining funding necessary
to total $7,000,000.
(c) Requirements for Purchase of Catalytic Converters and
Retention of Seller Information.--
(1) Inclusion of catalytic converters.--Section 33101(6) of
title 49, United States Code, is amended--
(A) in subparagraph (K), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (L) as subparagraph (M);
(C) by inserting after subparagraph (K) the following:
``(L) the catalytic converter; and''; and
(D) in subparagraph (M) (as so redesignated), by striking
``subclauses (A)-(K) of this clause'' and inserting
``subparagraphs (A) through (L) of this paragraph''.
(2) Retention of records.--Section 33111 of the title 49,
United States Code, is amended--
(A) in subsection (a), in the subsection heading, by
striking ``General Requirements'' and inserting
``Prohibitions Related to Selling Motor Vehicle Parts'';
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(C) by inserting after subsection (a) the following:
``(b) Retention of Records.--
``(1) Definition of precious metals.--In this subsection,
the term `precious metals' has the meaning given the term in
section 109-27.5101 of title 41, Code of Federal Regulations
(or a successor regulation).
``(2) Requirement.--A seller of motor vehicles or motor
vehicle parts that contain precious metals, including a
person engaged in the business of salvaging, dismantling,
recycling, or repairing motor vehicles or motor vehicle parts
that contain precious metals, shall provide to a purchaser on
the sale of the motor vehicle or motor vehicle part, as
applicable--
``(A) the name, address, telephone number, and a photocopy
of a government-issued identification of the seller; and
``(B) the make, model, vehicle identification number, date
of purchase, and a description of the motor vehicle or, with
respect to a motor vehicle part, a description of the motor
vehicle from which the part was removed.
``(3) Duration of retention.--A person shall retain the
information described in paragraph (2) for a period of not
less than 2 years.''.
(3) Prohibition on sale of partial catalytic converters.--
It shall be unlawful to sell or purchase any--
(A) partial or de-canned catalytic converter parts; or
(B) catalytic converter which has had identifying markings
removed or otherwise tampered with.
(4) Regulations.--The Attorney General shall prescribe
regulations to carry out this subsection and the amendments
made by this subsection, including the enforcement and
penalties that apply to a violation of this subsection and
the amendments made by this subsection.
(d) Criminal Penalties.--
(1) Theft of catalytic converters.--Chapter 31 of title 18,
United States Code, is amended--
(A) by adding at the end the following:
``Sec. 671. Theft of catalytic converters
``(a) Definition.--In this section, the term `precious
metals' has the meaning given the term in section 109-27.5101
of title 41, Code of Federal Regulations, or any successor
regulation.
``(b) Offense.--It shall be unlawful to steal or knowingly
and unlawfully take, carry away, or conceal a catalytic
converter from another person's motor vehicle, or knowingly
purchase such a catalytic converter, with the intent to
distribute, sell, or dispose of the catalytic converter or
any precious metal removed therefrom in interstate or foreign
commerce.
``(c) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned not more than 5
years, or both.''; and
(B) in the table of sections, by adding at the end the
following:
``671. Theft of catalytic converters.''.
(2) Definitions.--Section 2311 of title 18, United States
Code, is amended by inserting after ``for running on land but
not on rails;'' the following:
`` `Precious metals' has the meaning given the term in
section 109-27.5101 of title 41, Code of Federal Regulations,
or any successor regulation;''.
(3) Trafficking in car parts containing precious metals.--
Section 2321 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Trafficking in Motor Vehicle Parts Containing
Precious Metals.--
``(1) Offense.--It shall be unlawful to buy, receive,
possess, or obtain control of, with intent to sell or
otherwise dispose of, a catalytic converter (including a de-
canned catalytic converter), knowing that the catalytic
converter has been stolen.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned not more than 5 years,
or both.''.
(4) Chop shops.--Section 2322(b) of title 18, United States
Code, is amended to read as follows:
``(b) Definition.--For purposes of this section, the term
`chop shop' means any building, lot, facility, or other
structure or premise where 1 or more persons engage in
receiving, concealing, destroying, disassembling,
dismantling, reassembling, or storing any motor vehicle or
motor vehicle part that has been unlawfully obtained in order
to alter, counterfeit, deface, destroy, disguise, falsify,
forge, obliterate, extract any precious metal therefrom, or
remove the identity, including the vehicle identification
number or derivative thereof, or other identification
marking, of the vehicle or vehicle part and to distribute,
sell, or dispose of the vehicle or vehicle part, or precious
metal extracted from the vehicle or vehicle part, in
interstate or foreign commerce.''.
______
SA 2423. Ms. KLOBUCHAR (for herself and Mr. Cramer) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. HONORING OUR FALLEN HEROES.
(a) Cancer-related Deaths and Disabilities.--
(1) In general.--Section 1201 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281)
is amended by adding at the end the following:
``(p) Exposure-related Cancers.--
``(1) Definitions.--In this subsection:
``(A) Carcinogen.--The term `carcinogen' means an agent
that is--
``(i) classified by the International Agency for Research
on Cancer under Group 1 or Group 2A; and
``(ii) reasonably linked to an exposure-related cancer.
``(B) Director.--The term `Director' means the Director of
the Bureau.
``(C) Exposure-related cancer.--As updated from time to
time in accordance with paragraph (3), the term `exposure-
related cancer' means--
``(i) bladder cancer;
``(ii) brain cancer;
``(iii) breast cancer;
``(iv) cervical cancer;
``(v) colon cancer;
``(vi) colorectal cancer;
``(vii) esophageal cancer;
``(viii) kidney cancer;
``(ix) leukemia;
``(x) lung cancer;
``(xi) malignant melanoma;
``(xii) mesothelioma;
``(xiii) multiple myeloma;
``(xiv) non-Hodgkins lymphoma;
``(xv) ovarian cancer;
``(xvi) prostate cancer;
``(xvii) skin cancer;
``(xviii) stomach cancer;
``(xix) testicular cancer;
``(xx) thyroid cancer;
``(xxi) any form of cancer that is considered a WTC-related
health condition under section 3312(a) of the Public Health
Service Act (42 U.S.C. 300mm-22(a)); and
``(xxii) any form of cancer added to this definition
pursuant to an update in accordance with paragraph (3).
``(2) Personal injury sustained in the line of duty.--
``(A) In general.--Subject to subparagraph (B), as
determined by the Bureau, the exposure of a public safety
officer to a carcinogen shall be presumed to constitute a
personal injury within the meaning of subsection (a) or (b)
sustained in the line of duty by the officer and directly and
proximately resulting in death or permanent and total
disability, if--
``(i) the exposure occurred while the public safety officer
was engaged in line of duty action or activity;
``(ii) the public safety officer began serving as a public
safety officer not fewer than 5 years before the date of the
diagnosis of the public safety officer with an exposure-
related cancer;
``(iii) the public safety officer was diagnosed with the
exposure-related cancer not more than 15 years after the
public safety officer's last date of active service as a
public safety officer; and
``(iv) the exposure-related cancer directly and proximately
results in the death or permanent and total disability of the
public safety officer.
[[Page S4746]]
``(B) Exception.--The presumption under subparagraph (A)
shall not apply if competent medical evidence establishes
that the exposure of the public safety officer to the
carcinogen was not a substantial contributing factor in the
death or disability of the public safety officer.
``(3) Additional exposure-related cancers.--
``(A) In general.--From time to time but not less
frequently than once every 3 years, the Director shall--
``(i) review the definition of `exposure-related cancer'
under paragraph (1); and
``(ii) if appropriate, update the definition, in accordance
with this paragraph--
``(I) by rule; or
``(II) by publication in the Federal Register or on the
public website of the Bureau.
``(B) Basis for updates.--
``(i) In general.--The Director shall make an update under
subparagraph (A)(ii) in any case in which the Director finds
such an update to be appropriate based on competent medical
evidence of significant risk to public safety officers of
developing the form of exposure-related cancer that is the
subject of the update from engagement in their public safety
activities.
``(ii) Evidence.--The competent medical evidence described
in clause (i) may include recommendations, risk assessments,
and scientific studies by--
``(I) the National Institute for Occupational Safety and
Health;
``(II) the National Toxicology Program;
``(III) the National Academies of Sciences, Engineering,
and Medicine; or
``(IV) the International Agency for Research on Cancer.
``(C) Petitions to add to the list of exposure-related
cancers.--
``(i) In general.--Any person may petition the Director to
add a form of cancer to the definition of `exposure-related
cancer' under paragraph (1).
``(ii) Content of petition.--A petition under clause (i)
shall provide information to show that there is sufficient
competent medical evidence of significant risk to public
safety officers of developing the cancer from engagement in
their public safety activities.
``(iii) Timely and substantive decisions.--
``(I) Referral.--Not later than 180 days after receipt of a
petition satisfying clause (ii), the Director shall refer the
petition to appropriate medical experts for review, analysis
(including risk assessment and scientific study), and
recommendation.
``(II) Consideration.--The Director shall consider each
recommendation under subclause (I) and promptly take
appropriate action in connection with the recommendation
pursuant to subparagraph (B).
``(iv) Notification to congress.--Not later than 30 days
after taking any substantive action in connection with a
recommendation under clause (iii)(II), the Director shall
notify the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives of
the substantive action.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any claim under--
(A) section 1201(a) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10281(a)) that is
predicated upon the death of a public safety officer on or
after January 1, 2020, that is the direct and proximate
result of an exposure-related cancer; or
(B) section 1201(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) that is
filed on or after January 1, 2020, and predicated upon a
disability that is the direct and proximate result of an
exposure-related cancer.
(3) Time for filing claim.--Notwithstanding any other
provision of law, an individual who desires to file a claim
that is predicated upon the amendment made by paragraph (1)
shall not be precluded from filing such a claim within 3
years of the date of enactment of this Act.
(b) Confidentiality of Information.--
(1) In general.--Section 812(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10231(a)) is amended--
(A) in the first sentence, by striking ``furnished under
this title by any person and identifiable to any specific
private person'' and inserting ``furnished under any law to
any component of the Office of Justice Programs, or furnished
otherwise under this title, by any entity or person,
including any information identifiable to any specific
private person,''; and
(B) in the second sentence, by striking ``person furnishing
such information'' and inserting ``entity or person
furnishing such information or to whom such information
pertains''.
(2) Effective date; applicability.--The amendments made by
paragraph (1) shall--
(A) shall take effect for all purposes as if enacted on
December 27, 1979; and
(B) apply to any matter pending, before the Department of
Justice or otherwise, as of the date of enactment of this
Act.
(c) Technical Amendments.--
(1) In general.--Section 1201(o)(2) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10281(o)(2)) is amended--
(A) in subparagraph (A), by inserting ``or (b)'' after
``subsection (a)'';
(B) in subparagraph (B), by inserting ``or (b)'' after
``subsection (a)''; and
(C) in subparagraph (C), by inserting ``or (b)'' after
``subsection (a)''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to any matter pending before the Department of
Justice as of the date of enactment of this Act.
(d) Technical Amendments to Safeguarding American's First
Responders Act of 2020.--
(1) In general.--Section 3 of the Safeguarding America's
First Responders Act of 2020 (34 U.S.C. 10281 note) is
amended by adding at the end the following:
``(d) Definition.--In this section, the term `line of duty
action' includes any action--
``(1) in which a public safety officer engaged at the
direction of the agency served by the public safety officer;
or
``(2) the public safety officer is authorized or obligated
to perform.''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph (1) shall
apply to any claim under section 3 of the Safeguarding
America's First Responders Act of 2020 (34 U.S.C. 10281
note)--
(i) that is predicated upon the death of a public safety
officer on or after January 1, 2020; or
(ii) that is--
(I) predicated upon the disability of a public safety
officer; and
(II) filed on or after January 1, 2020.
(B) Time for filing claim.--Notwithstanding any other
provision of law, an individual who desires to file a claim
that is predicated upon the amendment made by paragraph (1)
shall not be precluded from filing such a claim within 3
years of the date of enactment of this Act.
______
SA 2424. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--TSA Workforce
SEC. 1096. DEFINITIONS.
In this subtitle--
(1) the term ``2022 Determination'' means the publication,
entitled ``Determination on Transportation Security Officers
and Collective Bargaining'', issued on December 30, 2022, by
Administrator David P. Pekoske, as modified, or any
superseding subsequent determination;
(2) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or administrative action
for a position occupied by a covered employee before any
deductions; and
(B) any regular, fixed supplemental payment for non-
overtime hours of work creditable as basic pay for retirement
purposes, including any applicable locality payment and any
special rate supplement;
(3) the term ``Administration'' means the Transportation
Security Administration;
(4) the term ``Administrator'' means the Administrator of
the Administration;
(5) the term ``appropriate congressional committees''
means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives; and
(D) the Committee on Oversight and Accountability of the
House of Representatives;
(6) the term ``conversion date'' means the date on which
subparagraphs (A) through (F) of section 1097(c)(1) take
effect;
(7) the term ``covered employee'' means an employee who
occupies a covered position;
(8) the term ``covered position'' means a position within
the Administration;
(9) the term ``employee'' has the meaning given the term in
section 2105 of title 5, United States Code;
(10) the term ``screening agent'' means a full- or part-
time non-supervisory covered employee carrying out screening
functions under section 44901 of title 49, United States
Code;
(11) the term ``Secretary'' means the Secretary of Homeland
Security; and
(12) the term ``TSA personnel management system'' means any
personnel management system established or modified under--
(A) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note); or
(B) section 114(n) of title 49, United States Code.
SEC. 1097. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
(1) In general.--Notwithstanding any other provision of
law, effective as of the date of enactment of this Act--
(A) any TSA personnel management system in use for covered
employees and covered positions on the day before that date
of enactment, and any personnel management policy, letter,
guideline, or directive of the Administration in effect on
that day, may not be modified;
(B) no personnel management policy, letter, guideline, or
directive of the Administration that was not established
before that date issued pursuant to section 111(d) of the
Aviation and Transportation Security Act (49 U.S.C. 44935
note) or section 114(n) of title 49, United States Code, may
be established; and
[[Page S4747]]
(C) any authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(2) Exceptions.--
(A) Pay.--Notwithstanding paragraph (1)(A), the limitation
in that paragraph shall not apply to any personnel management
policy, letter, guideline, or directive of the Administration
relating to annual adjustments to pay schedules and locality-
based comparability payments in order to maintain parity with
those adjustments authorized under sections 5303, 5304,
5304a, and 5318 of title 5, United States Code.
(B) Additional policy.--Notwithstanding paragraph (1)(B),
new personnel management policy of the Administration may be
established if--
(i) that policy is needed to resolve a matter not
specifically addressed in policy in effect on the date of
enactment of this Act; and
(ii) the Secretary provides that policy, with an
explanation of the necessity of that policy, to the
appropriate congressional committees not later than 7 days
after the date on which the policy is issued.
(C) Emerging threats to transportation security during
transition period.--
(i) In general.--Notwithstanding paragraph (1), any
personnel management policy, letter, guideline, or directive
of the Administration relating to an emerging threat to
transportation security, including national emergencies or
disasters and public health threats to transportation
security, may be modified or established until the conversion
date.
(ii) Submission to congress.--Not later than 7 days after
the date on which any personnel management policy, letter,
guideline, or directive of the Administration is modified or
established under clause (i), the Secretary shall provide to
the appropriate congressional committees that established or
modified policy, letter, guideline, or directive, as
applicable, which shall contain an explanation of the
necessity of that establishment or modification.
(b) Personnel Authorities During Transition Period.--Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment
of this Act, and any personnel management policy, letter,
guideline, or directive of the Administration in effect on
the day before the date of enactment of this Act, shall
remain in effect until the conversion date.
(c) Transition to Title 5.--
(1) In general.--Except as provided in paragraph (2),
effective beginning on a date determined by the Secretary,
but in no event later than December 31, 2024--
(A) all TSA personnel management systems shall cease to be
in effect;
(B) section 114(n) of title 49, United States Code, is
repealed;
(C) section 111(d) of the Aviation and Transportation
Security Act (Public Law 107-71; 49 U.S.C. 44935 note) is
repealed;
(D) any personnel management policy, letter, guideline, or
directive of the Administration, including the 2022
Determination, shall cease to be effective;
(E) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code,
with respect to covered employees or covered positions shall
cease to be effective; and
(F) covered employees and covered positions shall be
subject to the provisions of title 5, United States Code.
(2) Chapters 71 and 77 of title 5.--Not later than 90 days
after the date of enactment of this Act--
(A) chapters 71 and 77 of title 5, United States Code,
shall apply to covered employees carrying out screening
functions pursuant to section 44901 of title 49, United
States Code; and
(B) any policy, letter, guideline, or directive issued
under section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) relating to matters
otherwise covered by chapter 71 or 77 of title 5, United
States Code, shall cease to be effective.
(3) Assistance of other agencies.--Not later than 180 days
after the date of enactment of this Act, or December 31,
2024, whichever is earlier--
(A) the Director of the Office of Personnel Management
shall establish a position series and classification standard
for the positions of Transportation Security Officer, Federal
air marshal, Transportation Security Inspector, and other
positions requested by the Administrator; and
(B) the National Finance Center of the Department of
Agriculture shall make necessary changes to Financial
Management Services and Human Resources Management Services
to ensure payroll, leave, and other personnel processing
systems for covered employees are consistent with chapter 53
of title 5, United States Code, and provide functions as
needed to implement this subtitle.
(d) Safeguards on Grievances and Appeals.--
(1) In general.--Each covered employee with a grievance or
appeal pending within the Administration on the date of
enactment of this Act or initiated during the period
described in subsection (c)(2) may have that grievance or
appeal removed to proceedings pursuant to title 5, United
States Code, or continued within the Administration.
(2) Authority.--With respect to any grievance or appeal
continued within the Administration under paragraph (1), the
Administrator may consider and finally adjudicate that
grievance or appeal notwithstanding any other provision of
this subtitle.
(3) Preservation of rights.--Notwithstanding any other
provision of law, any appeal or grievance continued under
this subsection that is not finally adjudicated under
paragraph (2) shall be preserved and all timelines tolled
until the rights afforded by application of chapters 71 and
77 of title 5, United States Code, are made available under
subsection (c)(2).
SEC. 1098. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under such pay
conversion rules as the Secretary may prescribe to carry out
this subtitle, a covered employee converted from a TSA
personnel management system to the provisions of title 5,
United States Code, under section 1097(c)(1)(F)--
(1) may not be subject to any reduction in either the rate
of adjusted basic pay payable or law enforcement availability
pay payable to that covered employee; and
(2) shall be credited for years of service in a specific
pay band under a TSA personnel management system as if the
covered employee had served in an equivalent General Schedule
position at the same grade, for purposes of determining the
appropriate step within a grade at which to establish the
converted rate of pay of the covered employee.
(b) Retirement Pay.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a proposal, including
proposed legislative changes if needed, for determining the
average rate of basic pay of any covered employee who retires
not later than 3 years after the conversion date for purposes
of calculating the retirement annuity of the covered
employee.
(2) Requirements.--The proposal required under paragraph
(1) shall be structured in a manner that--
(A) is consistent with title 5, United States Code; and
(B) appropriately accounts for the service of a covered
employee to which the proposal applies, and the annual rate
of basic pay of such a covered employee, following the
conversion date.
(c) Limitation on Premium Pay.--
(1) In general.--Notwithstanding section 5547 of title 5,
United States Code, or any other provision of law, a Federal
air marshal or criminal investigator who is appointed to that
position before the date of enactment of this Act may be
eligible for premium pay up to the maximum level allowed by
the Administrator before the date of enactment of this Act.
(2) OPM recognition.--The Director of the Office of
Personnel Management shall recognize premium pay paid
pursuant to paragraph (1) as fully creditable for the
purposes of calculating pay and retirement benefits.
(d) Preservation of Law Enforcement Availability Pay and
Overtime Pay Rates for Federal Air Marshals.--
(1) LEAP.--Section 5545a of title 5, United States Code, is
amended--
(A) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``subsection (k)'' and
inserting ``subsection (l)'';
(B) by redesignating subsection (k) as subsection (l); and
(C) by inserting after subsection (j) the following:
``(k) The provisions of subsections (a) through (h)
providing for availability pay shall apply to any Federal air
marshal who is an employee of the Transportation Security
Administration.''.
(2) Overtime.--Section 5542 of title 5, United States Code,
is amended by adding at the end the following:
``(i) Notwithstanding any other provision of law, a Federal
air marshal who is an employee of the Transportation Security
Administration shall receive overtime pay under this section,
at such a rate and in such a manner so that such Federal air
marshal does not receive less overtime pay than such Federal
air marshal would receive were that Federal air marshal
subject to the overtime pay provisions of section 7 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 207).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply beginning on the conversion date.
(e) Collective Bargaining Unit.--Notwithstanding section
7112 of title 5, United States Code, following the
application of chapter 71 of that title pursuant to section
1097(c)(2) of this subtitle, screening agents shall remain
eligible to form a collective bargaining unit.
(f) Preservation of Other Rights.--The Secretary shall take
any actions necessary to ensure that the following rights are
preserved and available for each covered employee beginning
on the conversion date, and for any covered employee
appointed after the conversion date, and continue to remain
available to covered employees after the conversion date:
(1) Any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the covered employee until used, subject to any
limitation on accumulated leave under chapter 63 of title 5,
United States Code.
(2) Part-time screening agents pay premiums under chapter
89 of title 5, United States Code, on the same basis as full-
time covered employees.
(3) Notwithstanding section 6329a of title 5, United States
Code, covered employees are
[[Page S4748]]
provided appropriate leave during national emergencies to
assist the covered employees and ensure the Administration
meets mission requirements.
(4) Eligible screening agents receive a split-shift
differential for regularly scheduled split-shift work as well
as regularly scheduled overtime and irregular and occasional
split-shift work.
(5) Notwithstanding sections subsections (c), (e), and (f)
of section 5754 of title 5, United States Code, eligible
covered employees receive group retention incentives, as
appropriate.
SEC. 1099. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Application.--Beginning on the date that chapter 71 of
title 5, United States Code (referred to in this subsection
as ``chapter 71''), begins to apply to covered employees
under section 1097(c)(2), the labor organization certified by
the Federal Labor Relations Authority on June 29, 2011, or
any successor labor organization, shall be treated as the
exclusive representative of screening agents and shall be the
exclusive representative for screening agents under chapter
71, with full rights under chapter 71.
(B) Rule of construction.--Nothing in this subsection may
be construed to prevent covered employees from selecting an
exclusive representative other than the labor organization
described in paragraph (1) for purposes of collective
bargaining under chapter 71.
(2) National level.--
(A) In general.--Notwithstanding any provision of chapter
71, collective bargaining for any unit of covered employees
shall occur at the national level, but may be supplemented by
local level bargaining and local level agreements in
furtherance of elements of a national agreement or on issues
of any local unit of covered employees not otherwise covered
by a national agreement.
(B) Mutual consent required.--Local-level bargaining and
local-level agreements described in subparagraph (A) shall
occur only by mutual consent of the exclusive representative
of screening agents and the Federal Security Director (or a
designee of such an official) of those screening agents.
(3) Current agreement.--Any collective bargaining agreement
covering such personnel in effect on the date of enactment of
this Act shall remain in effect until a collective bargaining
agreement is entered into under chapter 71, unless the
Administrator and exclusive representative mutually agree to
revisions to such an agreement.
(b) Consultation Process.--
(1) In general.--Not later than 7 days after the date of
enactment of this Act, the Secretary shall consult with the
exclusive representative for the screening agents described
in subsection (a)(1) under chapter 71 of title 5, United
States Code, on the formulation of plans and deadlines to
carry out the conversion, under this subtitle, of those
screening agents.
(2) Written plans.--Before the date on which chapter 71 of
title 5, United States Code, begins to apply under section
1097(c)(2), the Secretary shall provide (in writing) to the
exclusive representative described in paragraph (1) the plans
for how the Secretary intends to carry out the conversion of
covered employees under this subtitle, including with respect
to such matters as--
(A) the anticipated conversion date; and
(B) measures to ensure compliance with sections 1097 and
1098.
(c) Required Agency Response.--If any views or
recommendations are presented under subsection (b) by the
exclusive representative described in that subsection, the
Secretary shall--
(1) consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented; and
(2) provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
SEC. 1099A. NO RIGHT TO STRIKE.
Nothing in this subtitle may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code (relating
to disloyalty and asserting the right to strike against the
Government); or
(B) section 7311 of title 5, United States Code (relating
to loyalty and striking); or
(2) to otherwise authorize any activity that is not
permitted under a provision of law described in subparagraph
(A) or (B) of paragraph (1).
SEC. 1099B. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND
CHECK REQUIREMENTS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a plan to harmonize and update, for
the purposes of making appointments and for authorizing or
entering into any contract for service, the restrictions
under section 70105(c) of title 46, United States Code,
(relating to the issuance of transportation security cards)
and section 44936 of title 49, United States Code, (relating
to employment investigations and restrictions).
SEC. 1099C. COMPTROLLER GENERAL REVIEWS.
(a) Review of Recruitment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the efforts of
the Administration regarding recruitment, including
recruitment efforts relating to veterans, the dependents of
veterans, members of the Armed Forces, and the dependents of
such members.
(2) Recruitment.--The report required under paragraph (1)
shall include recommendations regarding how the
Administration may improve the recruitment efforts described
in that paragraph.
(b) Review of Implementation.--The Comptroller General of
the United States shall--
(1) not later than 60 days after the conversion date,
commence a review of the implementation of this subtitle; and
(2) not later than 1 year after the conversion date, submit
to Congress a report on the review conducted under paragraph
(1).
(c) Review of Promotion Policies and Leadership
Diversity.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to Congress a report--
(1) on the efforts of the Administration to ensure that
recruitment, appointment, promotion, and advancement
opportunities within the Administration are equitable and
provide for demographics among senior leadership that are
reflective of the workforce demographics of the United
States; and
(2) that, to the extent possible, includes--
(A) an overview and analysis of the current (as of the date
on which the report is submitted) demographics of the
leadership of the Administration; and
(B) as appropriate, recommendations to improve appointment
and promotion procedures and diversity in leadership roles,
which may include recommendations for how the Administration
can better promote from within the Administration and retain
and advance covered employees.
(d) Review of Harassment and Assault Policies and
Protections.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the efforts of
the Administration to ensure the safety of the staff of the
Administration with respect to harassment and assault in the
workplace, such as incidents--
(A) of sexual harassment and violence and harassment and
violence motivated by the perceived race, ethnicity,
religion, gender identity, or sexuality of an individual; and
(B) in which the alleged perpetrator is a member of the
general public.
(2) Inclusions.--The report required under paragraph (1)
shall include--
(A) an overview and analysis of the current (as of the date
on which the report is submitted) policies and response
procedures of the Administration;
(B) a detailed description of if, when, and how the
policies described in subparagraph (A) fail to adequately
protect covered employees; and
(C) as appropriate, recommendations for steps the
Administration can take to better protect covered employees
from harassment and violence in the workplace.
(3) Opportunity for comment.--In conducting the review
required under this subsection, the Comptroller General of
the United States shall provide opportunities for covered
employees of all levels and positions, and labor
organizations and associations representing those covered
employees, to submit comments, including in an anonymous
form, and take those comments into account in the final
recommendations of the Comptroller General.
SEC. 1099D. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) TSA personnel management systems provide insufficient
benefits and workplace protections to the workforce that
secures the transportation systems of the United States;
(2) covered employees should be provided protections and
benefits under title 5, United States Code; and
(3) the provision of the protections and benefits described
in paragraph (2) should not result in a reduction of pay or
benefits to current covered employees.
SEC. 1099E. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator shall communicate with organizations
representing a significant number of Federal air marshals, to
the extent provided by law, to address concerns regarding
Federal Air Marshals related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Equipment and training.
(5) Work schedules and shifts, including mandated periods
of rest.
(6) Any other personnel issues the Administrator determines
appropriate.
SEC. 1099F. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a feasibility study on
allowing covered employees carrying out screening functions
under section 44901 of title 49, United States Code, to treat
as hours of employment time spent by those covered employees
regularly traveling between parking lots and bus and transit
stops of airports and screening checkpoints before and after
the regular work day.
(b) Considerations.--In conducting the study required under
subsection (a), the Administrator shall consider--
(1) the amount of time needed to travel to and from parking
lots and bus and transit
[[Page S4749]]
stops of airports at small hub airports, medium hub airports,
and large hub airports, as those terms are defined in section
40102 of title 49, United States Code;
(2) the feasibility of using mobile phones and location
data to allow covered employees to report their arrival to
and departure from parking lots and bus and transit stops of
airports; and
(3) the estimated costs of treating the amount of time
described in paragraph (1) as hours of employment time spent.
SEC. 1099G. BRIEFING ON ASSAULTS AND THREATS ON TSA
EMPLOYEES.
Not later than 90 days after the date of enactment of this
Act, the Administrator shall brief the appropriate
congressional committees regarding the following:
(1) Reports to the Administrator of instances of physical
or verbal assaults or threats made by members of the general
public against screening agents since January 1, 2019.
(2) Procedures for reporting the assaults and threats
described in paragraph (1), including information on how the
Administrator communicates the availability of those
procedures.
(3) Any steps taken by the Administration to prevent and
respond to the assaults and threats described in paragraph
(1).
(4) Any related civil actions and criminal referrals made
annually since January 1, 2019.
(5) Any additional authorities needed by the Administrator
to better prevent or respond to the assaults and threats
described in paragraph (1).
SEC. 1099H. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator shall submit
to the appropriate congressional committees a report that
contains the following:
(1) An analysis of the Federal Employee Viewpoint Survey of
the Office of Personnel Management to determine job
satisfaction rates of covered employees.
(2) Information relating to retention rates of covered
employees at each airport, including transfers, in addition
to aggregate retention rates of covered employees across the
workforce of the Administration.
(3) Information relating to actions taken by the
Administration intended to improve workforce morale and
retention.
SEC. 1099I. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary, to remain available until expended, to carry out
this subtitle and the amendments made by this subtitle.
______
SA 2425. Mr. SCHATZ (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
In title X, after section 1094, insert the following:
Subtitle I--AI Labeling
SEC. 1095. REQUIRED DISCLOSURES FOR COVERED AI-GENERATED
CONTENT.
(a) Requirements for Providers of Generative Artificial
Intelligence Systems That Produce Covered AI-generated
Content.--
(1) In general.--Each provider of a generative artificial
intelligence system that, using any means or facility of
interstate or foreign commerce, produces covered AI-generated
content shall do the following:
(A) Labeling.--The provider shall label the covered AI-
generated content with a clear and conspicuous disclosure
that--
(i) identifies that the output includes covered AI-
generated content; and
(ii) to the extent technically and economically feasible,
is accessible to individuals with disabilities.
(B) Machine-readable disclosure.--
(i) In general.--The provider shall bind or embed the
covered AI-generated content with a machine-readable
disclosure that--
(I) identifies--
(aa) the content that is covered AI-generated content;
(bb) the system used to create or modify the content;
(cc) the date and time the content was created or modified;
and
(dd) any other relevant information;
(II) to the extent technically and economically feasible,
is interoperable, indelible, tamper-resistant, and tamper-
evident;
(III) conforms to or is interoperable with a standard
specified by the National Institute of Standards and
Technology or by the Commission.
(ii) Clarification.--The disclosure required under clause
(i) shall not be required to include the personally-
identifiable information of the user of the generative
artificial intelligence system.
(C) Detection.--To the extent technically and economically
feasible, the provider shall ensure that a user or covered
online platform can detect that the output generated by the
provider's generative artificial intelligence system includes
covered AI-generated content and view information required
under subparagraph (B) by--
(i) ensuring that the covered AI-generated content is
detectable by a widely available detection tool and making
available to users or covered online platforms clear
instructions on how to access and operate this tool; or
(ii) if no such detection tool exists, providing a tool to
users and covered online platforms to enable detection of
covered AI-generated content and providing clear instructions
on how to access and operate such tool.
(D) Collaboration with covered online platforms.--The
provider shall collaborate with any covered online platform
to assist the covered online platform in complying with the
obligations described in subsection (b) with respect to any
content created or substantially modified by the generative
artificial intelligence system of the provider.
(2) Exemption for internal use.--The requirements of this
subsection shall not apply to covered AI-generated content
produced by a provider of a generative artificial
intelligence system if the covered AI-generated content--
(A) is generated or used solely for internal research and
development purposes; and
(B) is not intended for public release or commercial
deployment.
(b) Covered Online Platforms.--Each covered online platform
shall--
(1) ensure that any covered AI-generated content displayed
on the platform that incorporates a machine-readable
disclosure described in subsection (a)(2) is clearly and
conspicuously identified as covered AI-generated content;
(2) not remove any such disclosure, including when such
covered AI-generated content is transferred to or otherwise
shared to another online platform; and
(3) to the extent technically and economically feasible--
(A) ensure that any content displayed on the platform that
is not covered AI-generated content is not mislabeled as
covered AI-generated content;
(B) provide to any user sharing content the option to make
content provenance information, that is attached to such
content using a trusted standard specified by the Commission,
readily available to other users of such platform; and
(C) ensure that information contained in the identification
described in paragraph (1) or content provenance information
made available under subparagraph (B) is accessible to
individuals with disabilities.
(c) Artificial Intelligence Chatbot Disclosure.--Each
person who, through any means or facility of interstate or
foreign commerce, makes available to users an artificial
intelligence chatbot shall include a clear and conspicuous
disclosure that identifies the system as an artificial
intelligence.
(d) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practice.--A violation of
this section shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Commission shall enforce this section
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this section.
(B) Privileges and immunities.--Any person who violates
this section or a regulation promulgated thereunder shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(C) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
(D) Regulations and guidance.--
(i) Authority to identify exceptions.--The Commission may
promulgate regulations in accordance with section 553 of
title 5, United States Code, to specify exceptions from the
requirements of this section, such as for de minimis pieces
of content.
(ii) Establishment of specified safe harbors.--
(I) In general.--The Commission may issue guidance to
specify interoperable standards that comply with the
requirements of this section.
(II) Deemed compliance.--Each person who makes available a
generative artificial intelligence system or covered online
platform shall be deemed in compliance with the requirements
of this section by following the standards established by the
Commission under subclause (I).
SEC. 1096. PROTECTION OF DISCLOSURES.
(a) Prohibitions.--
(1) Prohibition on subverting disclosure.--No person shall
knowingly circumvent, remove, or otherwise disable a
disclosure required under section 1095, except to the extent
that such action is necessary to prevent the dissemination or
publication of personally identifiable information of an
authorized creator of that covered AI-generated content.
(2) Prohibition on fraudulent disclosure.--No person shall
knowingly and with the intent or substantial likelihood of
deceiving a third party, enable, facilitate, or
[[Page S4750]]
conceal the circumvention of a disclosure required under
section 1095, by adding a disclosure, or other information
about the authenticity of covered AI-generated content, that
the person knows to be false.
(3) Prohibition on fraudulent distribution.--No person
shall knowingly and for financial benefit, enable,
facilitate, or conceal the circumvention of a disclosure
required under section 1095 by knowingly distributing covered
AI-generated content without such disclosures required under
section 1095, or by knowingly distributing non-AI-generated
content with such disclosures.
(4) Prohibition on products and services for
circumvention.--No person shall deliberately manufacture,
import, or offer to the public a technology, product,
service, device, component, or part thereof that--
(A) is primarily designed or produced and promoted for the
purpose of circumventing, removing or tampering with the
disclosures required in section 1095, or for adding such
disclosures to non-AI-generated content, with the intent or
substantial likelihood of deceiving a third party about the
authenticity of a piece of digital content;
(B) has only limited commercially significant or expressive
purpose or use other than to circumvent, remove or tamper
with the disclosures required in section 1095, or to add such
disclosures to non-AI-generated content, and is promoted for
such purposes; or
(C) is marketed by that person or another acting in concert
with that person with that person's knowledge for use in
circumventing, removing or tampering with the disclosures
required in section 1095, or for use in adding such
disclosures to non-AI-generated content, with an intent to
deceive a third party about the authenticity of a piece of
digital content.
(b) Exemptions.--
(1) In general.--Nothing in subsection (a) shall inhibit
the ability of any individual to access, read, or review a
disclosure or to access, read, or review the content
provenance or other information contained therein.
(2) Exemption for nonprofit libraries, archives, and
educational institutions.--
(A) In general.--Except as otherwise provided in this
subsection, subsection (a) shall not apply to a nonprofit
library, archives, or educational institution which
generates, distributes, or otherwise handles covered AI-
generated content.
(B) Commercial advantage, financial gain, or tortious
conduct.--The exception in subparagraph (A) shall not apply
to a nonprofit library, archive, or educational institution
that willfully for the purpose of commercial advantage,
financial gain, or in furtherance of tortious conduct
violates a provision of subsection (a), except that a
nonprofit library, archive, or educational institution that
willfully for the purpose of commercial advantage, financial
gain, or in furtherance of tortious conduct violates a
provision of subsection (a) shall--
(i) for the first offense, be subject to the civil remedies
under section 1097; and
(ii) for repeated or subsequent offenses, in addition to
the civil remedies under section 1097, forfeit the exemption
provided under subparagraph (A).
(C) Circumventing technologies.--This paragraph may not be
used as a defense to a claim under paragraph (3) of
subsection (a), nor may this subsection permit a nonprofit
library, archive, or educational institution to manufacture,
import, offer to the public, provide, or otherwise traffic in
any technology, product, service, component, or part thereof,
that circumvents a disclosure required under section 1095.
(D) Qualifications of libraries and archives.--In order for
a library or archive to qualify for the exemption under
subparagraph (A), the collections of that library or archive
shall be--
(i) open to the public; or
(ii) available not only to researchers affiliated with the
library or archive or with the institution of which it is a
part, but also to other persons doing research in a
specialized field.
(3) Reverse engineering.--An authorized user may
circumvent, remove, add, or tamper with disclosures required
in section 1095 for the purpose of improving or testing the
robustness of such disclosures, or for improving or testing
the robustness of detection tools.
(4) Law enforcement, intelligence, and other government
activities.--Subsection (a) does not prohibit any lawfully
authorized investigative, protective, information security,
or intelligence activity of an officer, agent, or employee of
the United States, a State, or a political subdivision of a
State, or a person acting pursuant to a contract with the
United States, a State, or a political subdivision of a
State.
SEC. 1097. ENFORCEMENT BY THE ATTORNEY GENERAL OF THE UNITED
STATES.
(a) Civil Action.--The Attorney General may bring a civil
action in an appropriate United States district court against
any person who violates section 1096(a).
(b) Powers of the Court.--In an action brought under
subsection (a), the court--
(1) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain a
violation, but in no event shall impose a prior restraint on
free speech or the press protected under the First Amendment
to the Constitution of the United States;
(2) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any
device or product that is in the custody or control of the
alleged violator and that the court has reasonable cause to
believe was involved in a violation;
(3) may award damages under subsection (c);
(4) in its discretion may allow the recovery of costs
against any party other than the United States or an officer
thereof; and
(5) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under paragraph (2).
(c) Award of Damages.--
(1) In general.--Except as otherwise provided in this
section, a person committing a violation of section 1096(a)
is liable for statutory damages as provided in paragraph (2).
(2) Statutory damages.--
(A) Election of amount based on number of acts of
circumvention.--At any time before final judgment is entered,
the Attorney General may elect to recover an award of
statutory damages for each violation of section 1096(a) in
the sum of not more than $2,500 per act of circumvention,
device, product, component, offer, or performance of service,
as the court considers just.
(B) Election of amount; total amount.--At any time before
final judgment is entered, the Attorney General may elect to
recover an award of statutory damages for each violation of
section 1096(a) in the sum of not more than $25,000.
(3) Repeated violations.--In any case in which the Attorney
General sustains the burden of proving, and the court finds,
that a person has violated section 1096(a) within 3 years
after a final judgment was entered against the person for
another such violation, the court may increase the award of
damages up to triple the amount that would otherwise be
awarded, as the court considers just.
(4) Innocent violations.--
(A) In general.--The court in its discretion may reduce or
remit the total award of damages in any case in which the
court finds that the violator was not aware and had no reason
to believe that the violator's acts constituted a violation.
(B) Nonprofit library, archive, educational institutions,
or public broadcasting entities.--In the case of a nonprofit
library, archive, educational institution, or public
broadcasting entity, the court shall remit damages in any
case in which the library, archive, educational institution,
or public broadcasting entity sustains the burden of proving,
and the court finds, that the library, archive, educational
institution, or public broadcasting entity was not aware and
had no reason to believe that its acts constituted a
violation.
(5) Duplicative awards.--No compensatory damages may be
awarded under this section if compensatory damages have been
awarded under section 1098 or 1099.
SEC. 1098. ENFORCEMENT BY STATES.
(a) Civil Action.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or may be adversely
affected by a violation of section 1096, the attorney general
of the State may bring a civil action in the name of the
State, or as parens patriae on behalf of the residents of the
State, in an appropriate United States district court
(b) Relief.--
(1) In general.--In a civil action brought under subsection
(a), the court may award relief in accordance with section
1097(c).
(2) Duplicative awards.--No compensatory damages may be
awarded under this section if compensatory damages have been
awarded under section 1097 or 1099.
(c) Rights of the Attorney General of the United States and
the Commission.--
(1) In general.--Except as provided in paragraph (4), the
attorney general of a State shall notify the Attorney General
of the United States and the Commission in writing prior to
initiating a civil action under subsection (a).
(2) Contents.--The notification required by paragraph (1)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate such action.
(3) Intervention.--Upon receiving such notification, the
Attorney General may intervene in such action as a matter of
right pursuant to the Federal Rules of Civil Procedure.
(4) Exception.--If it is not feasible for the attorney
general of a State to provide the notification provided by
subparagraph (1) before initiating a civil action under
subsection (a), the attorney general of the State shall
notify the Attorney General of the United States and the
Commission immediately upon instituting the civil action.
(d) Actions by the Attorney General.--In any case in which
a civil action is instituted by the Attorney General of the
United States for a violation of this Act, no attorney
general of a State may, during the pendency of such action,
institute a civil action against any defendant named in the
complaint in the action instituted by or on behalf of the
Attorney General of the United States for a violation of this
Act that is alleged in such complaint.
(e) Intervention by the Attorney General of the United
States.--The Attorney General of the United States may
intervene in any civil action brought by the attorney general
of a State under subsection (a), and upon intervening be
heard on all matters
[[Page S4751]]
arising in the civil action and file petitions for appeal of
a decision in the civil action.
(f) Investigatory Powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of the State to conduct investigations, to
administer oaths or affirmations, or to compel the attendance
of witnesses or the production of documentary or other
evidence.
(g) Actions by Other State Officials.--
(1) In general.--In addition to civil actions brought by an
attorney general of a State under subsection (a), any other
officer of a State who is authorized by the State to do so
may bring a civil action in the same manner, subject to the
same requirements and limitations that apply under this
subsection to civil actions brought by an attorney general of
a State.
(2) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the
State for a violation of any civil or criminal law of the
State.
SEC. 1099. ENFORCEMENT BY PRIVATE PARTIES.
(a) Civil Action.--A provider of a generative artificial
intelligence system or covered online platform who is harmed
by a violation of section 1096 using their system or
platform, may bring a civil action against the violator in an
appropriate United States district court.
(b) Relief.--
(1) In general.--In a civil action brought under subsection
(a), the court may award relief in accordance with section
1097(c).
(2) Duplicative awards.--No compensatory damages may be
awarded under this section if compensatory damages have been
awarded under section 1097 or 1098.
(c) Rights of the Attorney General of the United States and
the Commission.--
(1) In general.--The provider of a generative artificial
intelligence system or covered online platform shall notify
the Attorney General of the United States and the Commission
in writing prior to initiating a civil action under
subsection (a).
(2) Contents.--The notification required by paragraph (1)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate such action.
(3) Intervention.--Upon receiving such notification, the
Attorney General may intervene in such action as a matter of
right pursuant to the Federal Rules of Civil Procedure.
(d) Actions by the Attorney General.--In any case in which
a civil action is instituted by the Attorney General of the
United States for a violation of this Act, no provider of a
generative artificial intelligence system or covered online
platform may, during the pendency of such action, institute a
civil action against any defendant named in the complaint in
the action instituted by or on behalf of the Attorney General
of the United States for a violation of this Act that is
alleged in such complaint.
(e) Intervention by the Attorney General of the United
States.--The Attorney General of the United States may
intervene in any civil action brought by a provider of a
generative artificial intelligence system or covered online
platform under subsection (a), and upon intervening be heard
on all matters arising in the civil action and file petitions
for appeal of a decision in the civil action.
SEC. 1099A. AI-GENERATED CONTENT CONSUMER TRANSPARENCY
WORKING GROUP.
(1) Establishment.--Not later than 90 days after the date
of enactment of this section, the Director of the National
Institute of Standards and Technology (in this section
referred to as the ``Director''), in coordination with the
heads of other relevant Federal agencies, shall establish the
AI-generated content consumer transparency working group (in
this section referred to as the ``Working Group'').
(2) Membership.--The Working Group shall include members
from the following:
(A) Relevant Federal agencies.
(B) Developers of any generative artificial intelligence
system.
(C) Private sector groups engaged in the development of
content detection and content provenance standards,
audiovisual media formats, and open-source implementation of
such standards and formats.
(D) Social media platforms and other covered online
platforms.
(E) Academic institutions and other relevant entities.
(F) Privacy advocates and experts.
(G) Media organizations, including news publishers and
image providers.
(H) Technical experts in digital forensics, cryptography,
and secure digital content and delivery.
(I) Groups or individuals representing victims affected by
covered AI-generated content.
(J) Any other entity determined appropriate by the
Director.
(3) Duties.--The duties of the Working Group shall include
the following:
(A) Assisting covered online platforms in identifying and
labeling covered AI-generated content, including by
considering interoperable standards that assist with
identifying, maintaining, interpreting, and displaying
labeling information, and establishing guidelines and best
practices for covered online platforms to implement such
standards.
(B) Supporting the development of technical specifications
and guidelines to--
(i) provide labeling and content provenance information;
and
(ii) make such information interoperable, indelible,
tamper-resistant, and tamper-evident to improve accuracy and
ease of identification.
(C) Supporting the development of guidelines regarding the
detection of covered AI-generated content and best practices
to address circumvention techniques and improve enforcement
of the requirements of this Act.
(D) Providing the Commission with recommendations regarding
technical and economic feasibility with respect to the
requirements of this Act.
(E) Developing recommendations for content detection and
secure content provenance practices for any content that is
produced by a generative artificial intelligence system and
is not covered under the requirements of this Act, including
text.
(F) Developing research and evidence regarding--
(i) the impact of covered AI-generated content and required
disclosures on consumer behavior; and
(ii) how standards and guidelines can contribute to an
information environment that is transparent and not
overwhelming for consumers.
(4) Framework.--Not later than 2 years after the date on
which the Director establishes the Working Group under
paragraph (1), the Working Group shall publish a framework
that includes technical specifications, guidelines, and
recommendations regarding the criteria described in paragraph
(3).
(5) Report to congress.--Not later than 180 days after the
Working Group publishes the framework under paragraph (4),
the Director shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Science, Space, and Technology of the House of
Representatives a report on such framework, together with
recommendations for legislative or administrative action
determined appropriate by the Director.
(6) Sunset.--The working group shall terminate on the date
on which the Director submits the report required by
paragraph (5).
SEC. 1099B. DEFINITIONS.
In this Act:
(1) Artificial intelligence chatbot.--The term ``artificial
intelligence chatbot'' means a generative artificial
intelligence system with which users can interact by or
through an interface that approximates or simulates
conversation, including a system that--
(A) through an application programming interface, or
similar direct connection, publicly posts content; or
(B) bundles responses generated by artificial intelligence
with other results, such as in a search query.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Content provenance.--The term ``content provenance''
means the chronology of the origin, modifications, and other
information associated with the history of digital content.
(4) Covered ai-generated content.--The term ``covered AI-
generated content'' means any sufficiently realistic image,
video, audio, or multimedia content that is created or
substantially modified by a generative artificial
intelligence system such that--
(A) the use of the system materially alters the meaning or
significance that a reasonable person would interpret from
the content; and
(B) a reasonable person would believe that the content is
not generated using a generative artificial intelligence
system.
(5) Covered online platform.--The term ``covered online
platform'' means any public-facing website, online service,
online application, or mobile application available to users
that predominantly provides a forum for the sharing or
searching of content (including covered AI-generated
content), including a social media service, social network,
search engine, or content aggregation service available to
users.
(6) Generative artificial intelligence system.--The term
``generative artificial intelligence system'' means any
system or software application that uses artificial
intelligence (as defined in section 238(g) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019) to create or substantially modify image, video, audio,
or multimedia content.
(7) Machine-readable.--The term ``machine-readable'' has
the meaning given such term in section 3502 of title 44,
United States Code.
(8) Multimedia.--
(A) In general.--The term ``multimedia'' means a
combination of video, audio, photo, graphics, animation, or
other content.
(B) Clarification.--For purposes of subparagraph (A),
content is not considered multimedia content solely on the
basis of combining content with software in a website or
other form.
(9) Non-AI-generated content.--The term ``non-AI-generated
content'' means content that was not created or substantially
modified by a generative artificial intelligence system.
______
SA 2426. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,
[[Page S4752]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. __. AUTHORIZATION FOR THE AUTONOMY STANDARDS AND IDEALS
WITH MILITARY OPERATIONAL VALUES (ASIMOV)
PROGRAM.
Of the amount authorized to be appropriated for fiscal year
2025 by section 201 for research, development, test, and
evaluation and available for research and development by the
Defense Advanced Research Projects Agency, up to $22,000,000
may be used for a program to evaluate autonomy software for
adherence to the policies and principles of the Department of
Defense.
______
SA 2427. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. __. SYNTHETIC CONTENT DISCLOSURE AND DETECTION
INITIATIVE.
(a) Initiative Required.--The Director of the Defense
Advanced Research Projects Agency shall, in collaboration
with the Secretary of Commerce, develop an initiative to
research and develop the following:
(1) Machine-readable disclosures and content provenance
information embeddable into digital content.
(2) Techniques to maximize the interoperability,
indelibility, tamper-resistance, and tamper-evidence of such
disclosures and provenance information.
(3) Detection methods for synthetic content and best
practices to address circumvention techniques.
(b) Definitions.--In this section:
(1) Content provenance.--The term ``content provenance''
means the chronology of the origin, modifications, and other
information associated with the history of digital content.
(2) Generative artificial intelligence system.--The term
``generative artificial intelligence system'' means any
system or software application that uses artificial
intelligence (as defined in section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)) to create or
substantially modify image, video, audio, text, or other
content.
(3) Machine-readable.--The term ``machine-readable'' has
the meaning given such term in section 3502 of title 44,
United States Code.
(4) Synthetic content.--The term ``synthetic content''
means information, such as images, videos, audio clips, and
text, that has been significantly modified or generated by
algorithms, including by a generative artificial intelligence
system.
______
SA 2428. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. __. CREATION OF ARTIFICIAL INTELLIGENCE IMPLEMENTATION
WORKING GROUPS THROUGHOUT THE DEPARTMENT OF
DEFENSE.
The Secretary of Defense shall take the following actions:
(1) Create artificial intelligence implementation working
groups at appropriate levels.
(2) Involve employees and employee representatives as full
partners with management representatives in the working
groups created under paragraph (1) to improve the use of
artificial intelligence throughout the Department of Defense
to better serve the public and carry out the mission of the
Department.
(3)(A) Allow employees and employee representatives to have
pre-decisional involvement in workplace matters regarding the
implementation of artificial intelligence to the fullest
extent practicable, without regard to whether those matters
are negotiable subjects of bargaining under section 7106 of
title 5, United States Code.
(B) Provide adequate information on the matters described
in subparagraph (A) expeditiously to employee representatives
where not prohibited by law.
(C) Make a good-faith attempt to resolve issues concerning
proposed implementation of artificial intelligence
technologies through discussions in the artificial
intelligence implementation working groups created by the
Secretary under paragraph (1).
(4) Evaluate progress and improvements in organizational
performance resulting from the artificial intelligence
implementation working groups created under paragraph (1).
______
SA 2429. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 891. PROHIBITION ON PROCUREMENTS PRODUCED BY CHILD
LABOR.
(a) Prohibition on the Availability of Funds for
Procurements Produced by Child Labor.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2025 for the Department of Defense
may be obligated or expended to knowingly procure any
products produced or manufactured wholly or in part by
oppressive child labor.
(b) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall issue
rules, in consultation with the Department of Labor, to
require a certification from offerors for contracts with the
Department of Defense stating the offeror has made a good
faith effort to determine that oppressive child labor was not
or will not be used in the performance of such contract.
(c) Oppressive Child Labor Defined.--In this section, the
term ``oppressive child labor'' has the same meaning as 29
USC 203(l).
______
SA 2430. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--COMPREHENSIVE PAID LEAVE FOR FEDERAL EMPLOYEES
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Comprehensive Paid
Leave for Federal Employees Act''.
SEC. 5002. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL
EMPLOYEES COVERED BY TITLE 5.
Section 6382 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``12 administrative workweeks of leave'' and inserting ``12
administrative work weeks of leave plus any additional period
of leave used under subsection (d)(2)(B)(ii)''; and
(ii) in subparagraph (B), by inserting ``and in order to
care for such son or daughter'' before the period;
(B) by amending paragraph (2) to read as follows:
``(2)(A) The entitlement to leave under subparagraph (A) or
(B) of paragraph (1) shall commence at time of birth or
placement of a son or daughter and shall expire at the end of
the 12-month period beginning on the date of such birth or
placement.
``(B) Notwithstanding subparagraph (A), the entitlement to
leave under paragraph (1)(B) in connection with adoption may
commence prior to the placement of the son or daughter to be
adopted for activities necessary to allow the adoption to
proceed.''; and
(C) in paragraph (4)--
(i) by striking ``Subject to subsection (d)(2), during''
and inserting ``During''; and
(ii) by inserting ``(or 26 administrative workweeks of
leave plus any additional period of leave used under
subsection (d)(2)(B)(ii))'' after ``26 administrative
workweeks of leave''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking the first sentence; and
(ii) by striking ``under subchapter I''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``subparagraph (A) or
(B)'' and inserting ``subparagraph (A) through (E)'';
(ii) by striking ``parental'' in each instance;
(iii) in subparagraph (B)(i), by striking ``birth or
placement involved'' and inserting ``event giving rise to
such leave'';
(iv) by amending subparagraph (E) to read as follows:
``(E) Nothing in this paragraph shall be construed to
modify the service requirement in section 6381(1)(B).'';
(v) in subparagraph (F)(i), by striking ``An employee'' and
inserting ``With respect to leave described under
subparagraph (A) or (B) of subsection (a)(1), an employee'';
and
(vi) by adding at the end the following:
``(H) Notwithstanding paragraph (2)(B)(i), with respect to
any employee who received paid leave for an event giving rise
to such leave under any other provision of law and who
becomes subject to this section during the period of
eligibility for paid leave under this section with respect to
such event, any paid leave for such event provided by this
[[Page S4753]]
section shall be reduced by the total number of days of paid
leave taken by such employee under such other provision of
law.''.
SEC. 5003. CONGRESSIONAL EMPLOYEES UNDER THE CONGRESSIONAL
ACCOUNTABILITY ACT OF 1995.
Section 202 of the Congressional Accountability Act of 1995
(2 U.S.C. 1312), is amended--
(1) in subsection (a)--
(A) paragraph (1)--
(i) in the second sentence--
(I) by striking ``subsection (a)(1)(A) or (B)'' and
inserting ``under any of subparagraphs (A) through (E) of
subsection (a)(1)''; and
(II) by inserting ``and in the case of leave that includes
leave for such an event, the period of leave to which a
covered employee is entitled under section 102(a)(1) of such
Act shall be 12 administrative workweeks of leave plus any
additional period of leave used under subsection (d)(2)(B) of
this section'' before the period; and
(ii) by striking the third sentence and inserting the
following: ``For purposes of applying section 102(a)(4) of
such Act, in the case of leave that includes leave under any
of subparagraphs (A) through (E) of section 102(a)(1) of such
Act, a covered employee is entitled, under paragraphs (1) and
(3) of section 102(a) of such Act, to a combined total of 26
workweeks of leave plus any additional period of leave used
under subsection (d)(2)(B) of this section.''; and
(B) in paragraph (2), by amending subparagraph (B) to read
as follows:
``(B) except for leave described under section 102(a)(3) of
such Act, the term `eligible employee' as used in that Act
means a covered employee.''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Parental
Leave'' and inserting ``Family and Medical Leave'';
(B) in paragraph (1), by striking ``subparagraph (A) or
(B)'' and inserting ``any of subparagraphs (A) through (E)'';
(C) by striking ``parental'' each place the term appears;
and
(D) in paragraph (2)(A), by striking ``birth or placement
involved'' and inserting ``event giving rise to such leave''.
SEC. 5004. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, AND
POSTAL REGULATORY COMMISSION EMPLOYEES.
The Family and Medical Leave Act of 1993 (29 U.S.C. 2601),
is amended--
(1) in section 101(2)(E)--
(A) in the subparagraph heading, by inserting ``USPS, and
postal regulatory commission'' after ``GAO'';
(B) by inserting ``the United States Postal Service, or the
Postal Regulatory Commission'' after ``Government
Accountability Office''; and
(C) by striking ``section 102(a)(1)(A) or (B)'' and
inserting ``any of subparagraphs (A) through (E) of section
102(a)(1)'';
(2) in section 102(d)(3)--
(A) in the paragraph heading, by inserting ``USPS, and
postal regulatory commission'' after ``GAO'';
(B) by striking ``the Government Accountability Office''
and inserting ``the Government Accountability Office, the
United States Postal Service, or the Postal Regulatory
Commission'' each place the term appears;
(C) by striking ``parental'' and inserting ``family and
medical'' each place the term appears;
(D) in subparagraph (A), by striking ``subparagraph (A) or
(B)'' and inserting ``subparagraphs (A) through (E)''; and
(E) in subparagraph (B)(i), by striking ``birth or
placement involved'' and inserting ``event giving rise to
such leave''; and
(3) by adding at the end of section 102(a) the following:
``(6) Special rules on period of leave.--With respect to an
employee of the Government Accountability Office, the Library
of Congress, the United States Postal Service, or the Postal
Regulatory Commission--
``(A) in the case of leave that includes leave under
subparagraph (A) through (E) of paragraph (1), the employee
shall be entitled to 12 administrative workweeks of leave
plus any additional period of leave used under subsection
(d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(d)(2)(B)), as the case may be;
``(B) for the purposes of paragraph (4), the employee is
entitled, under paragraphs (1) and (3), to a combined total
of 26 workweeks of leave plus, if applicable, any additional
period of leave used under subsection (d)(3)(B)(ii) of this
section or section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the
case may be; and
``(C) the entitlement to leave under paragraph (1)(B) in
connection with adoption may commence prior to the placement
of the son or daughter to be adopted for activities necessary
to allow the adoption to proceed.''.
SEC. 5005. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE
PRESIDENT.
Section 412 of title 3, United States Code, is amended--
(1) in subsection (a)(3), by striking ``or (B)'' and
inserting ``through (E)''; and
(2) in subsection (c), by striking ``or (B)'' and inserting
``through (E)'' each place the term appears.
SEC. 5006. FAA AND TSA EMPLOYEES.
Section 40122(g)(5) of title 49, United States Code, is
amended--
(1) in the paragraph heading, by striking ``parental''; and
(2) by striking ``parental'' in each instance.
SEC. 5007. TITLE 38 EMPLOYEES.
Not later than 30 days after the date of enactment of this
Act, the Secretary of Veterans Affairs shall modify the
family and medical leave program provided by operation of
section 7425(c) of title 38, United States Code, to conform
with this division and the amendments made by this division.
SEC. 5008. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF
COLUMBIA PUBLIC DEFENDER SERVICE.
(a) District of Columbia Courts.--Subsection (d) of section
11-1726, District of Columbia Official Code, is amended to
read as follows:
``(d)(1) In carrying out the Family and Medical Leave Act
of 1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial
employees of the District of Columbia courts, the Joint
Committee shall, notwithstanding any provision of such Act,
establish a paid family and medical leave program for the
leave described in subparagraphs (A) through (E) of section
102(a)(1) of such Act (29 U.S.C. 2612(a)(1)).
``(2) In developing the terms and conditions for the paid
family and medical leave program under paragraph (1), the
Joint Committee may be guided by the terms and conditions
applicable to the provision of paid family and medical leave
for employees of the Federal Government under chapter 63 of
title 5, United States Code, and any corresponding
regulations.''.
(b) District of Columbia Public Defender Service.--
Subsection (d) of section 305 of the District of Columbia
Court Reform and Criminal Procedure Act of 1970 (sec. 21605,
D.C. Official Code) is amended to read as follows:
``(d)(1) In carrying out the Family and Medical Leave Act
of 1993 (29 U.S.C. 2601 et seq.) with respect to employees of
the Service, the Director shall, notwithstanding any
provision of such Act, establish a paid family and medical
leave program for the leave described in subparagraphs (A)
through (E) of section 102(a)(1) of such Act (29 U.S.C.
2612(a)(1)).
``(2) In developing the terms and conditions for the paid
family and medical leave program under paragraph (1), the
Director may be guided by the terms and conditions applicable
to the provision of paid family and medical leave for
employees of the Federal Government under chapter 63 of title
5, United States Code, and any corresponding regulations.''.
______
SA 2431. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 1095. STOP CHILD LABOR ACT.
(a) Short Title.--This section may be cited as the ``Stop
Child Labor Act''.
(b) Amendments to the Fair Labor Standards Act of 1938.--
(1) Private enforcement.--Section 16(b) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended--
(A) by inserting after the third sentence the following:
``Any employer who violates the provisions of section 12 or
13(c), relating to child labor, shall be liable to any child
harmed as a result of such violation for compensatory damages
and punitive damages in an amount not more than $250,000.'';
(B) in the fourth sentence--
(i) by inserting ``or, with respect to violations of the
provisions of section 12 or 13(c), relating to child labor,
children'' after ``more employees''; and
(ii) by inserting ``or children, as the case may be,''
after ``other employees'';
(C) in the fifth sentence, by inserting ``or children, as
the case may be,'' after ``employees''; and
(D) by adding at the end the following: ``The right
provided by this subsection to bring an action by or on
behalf of any child with respect to violations of the
provisions of section 12 or 13(c), relating to child labor,
and the right of any child to become a party plaintiff to any
such action, shall terminate upon the filing of a complaint
by the Secretary in an action under section 17 in which legal
or equitable relief is sought as a result of alleged
violations of such provisions.''.
(2) Civil penalties.--Section 16(e)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``not
to exceed'' and inserting ``of an amount (subject to
subparagraph (C)) that is'';
(ii) in clause (i), by striking ``$11,000'' and inserting
``not less than $5,000 and not more than $132,270''; and
(iii) in clause (ii), by striking ``$50,000'' and inserting
``not less than $25,000 and not more than $601,150''; and
(B) by adding at the end the following:
``(C) The dollar amounts referred to in clauses (i) and
(ii) of subparagraph (A) shall be increased annually, for
fiscal year 2024 and every fiscal year thereafter, by the
percent increase, if any, in the consumer price
[[Page S4754]]
index for all urban consumers (all items; United States city
average) for the most recent 12-month period for which
applicable data is available.''.
(3) Criminal penalties.--Section 16(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(a)) is amended--
(A) by striking ``Any'' and inserting ``(1) Any'';
(B) by inserting ``(other than subsection (a)(4) of such
section)'' after ``section 15'';
(C) by striking ``subsection'' each place it appears and
inserting ``paragraph''; and
(D) by adding at the end the following:
``(2) Any person who repeatedly or willfully violates
section 15(a)(4) shall upon conviction thereof be subject to
a fine of not more than $50,000, or to imprisonment for not
more than 1 year, or both.''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall apply with respect to violations alleged
to have occurred on or after the date of the enactment of
this Act.
(c) Grant Program for Prevention of Child Labor
Violations.--
(1) In general.--The Secretary of Labor may award grants to
eligible entities for purposes of education, training, and
development of systems to help employers recognize, avoid,
and prevent violations of section 12 or 13(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212, 213(c)).
(2) Eligible entity.--For purposes of this subsection, the
term ``eligible entity'' means--
(A) a nonprofit organization described in section 501(c)(3)
of the Internal Revenue Code of 1986;
(B) a nonprofit trade industry or employer association;
(C) a labor-management partnership; or
(D) a labor organization.
(d) National Advisory Committee on Child Labor .--
(1) Establishment.--There is established the National
Advisory Committee on Child Labor (in this subsection
referred to as the ``Committee'').
(2) Membership.--
(A) Composition.--The Committee shall be composed of 12
members of whom--
(i) 3 shall be representatives of management who are
appointed by the Secretary of Labor;
(ii) 3 shall be representatives of labor organizations who
are appointed by the Secretary of Labor;
(iii) 1 shall be a member of the public who is appointed by
the Secretary of Labor;
(iv) 2 shall be members of the public who are appointed by
the Secretary of Health and Human Services; and
(v) 3 shall be child welfare professionals who are
appointed by the Secretary of Health and Human Services.
(B) Date.--The appointments of the members of the Committee
shall be made not later than 90 days after the date of
enactment of this Act.
(C) Period of appointment; vacancies.--
(i) In general.--A member of the Committee shall be
appointed for a term of 2 years.
(ii) Vacancies.--A vacancy in the Committee--
(I) shall not affect the powers of the Committee; and
(II) shall be filled in the same manner as the original
appointment.
(D) Meetings.--The Committee shall hold no fewer than 2
meetings during each calendar year.
(E) Chairperson.--The Secretary of Labor shall designate
the Chairperson of the Committee from among the members of
the Committee appointed under subparagraph (A).
(3) Duties of committee.--The Committee shall advise,
consult, and make recommendations to the Secretary of Labor
and the Secretary of Health and Human Services on matters
related to the recognition, avoidance, prevention, and
enforcement of violations of section 12 or 13(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 212, 213(c)).
(4) Committee personnel matters.--
(A) Compensation of members.--A member of the Committee who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Committee.
(B) Travel expenses.--A member of the Committee 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 Committee.
(C) Staff.--
(i) In general.--The Chairperson of the Committee may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as may be necessary to enable
the Committee to perform its duties, except that the
employment of an executive director shall be subject to
confirmation by the Committee.
(ii) Compensation.--The Chairperson of the Committee may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of that title.
(D) Detail of government employees.--A Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(E) Procurement of temporary and intermittent services.--
The Chairperson of the Committee may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of that title.
(5) Duration of committee.--Section 1013 of title 5, United
States Code, shall not apply to the Committee.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Committee to carry out this
subsection $3,000,000 for fiscal year 2024.
______
SA 2432. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. __. MODIFICATION OF REQUIREMENT FOR PRIZE COMPETITION
FOR TECHNOLOGY THAT DETECTS AND DISCLOSES USE
OF GENERATIVE ARTIFICIAL INTELLIGENCE.
(a) In General.--Section 1543 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31; 10
U.S.C. 4025 note) is amended--
(1) in the section heading, by striking ``watermarks'' and
inserting ``discloses'';
(2) in subsection (a)--
(A) by striking ``watermarking'' and inserting
``disclosure''; and
(B) in paragraph (1), by inserting ``, including techniques
to maximize their interoperability, indelibility, tamper-
resistance, and tamper-evidence, as applicable,'' after
``such technologies'';
(3) in subsection (c), by striking ``Watermark'' and
inserting ``Disclosure'';
(4) in subsection (f), by striking ``until the date of
termination under subsection (g);'';
(5) by striking subsection (g) and inserting the following:
``(g) Frequency.--The prize competition under subsection
(a) shall repeat every two years from the date of the
enactment of this Act.'';
(6) by striking subsection (h) and inserting the following:
``(h) Definition of Generative Artificial Intelligence
Disclosure.--The term `generative artificial intelligence
disclosure' means, with respect to digital content, embedding
within or binding to such content data conveying attribution
of the generation of such content to generative artificial
intelligence. Such term includes techniques, such as visible
and invisible watermarks, fingerprints, and cryptographically
signed metadata.''; and
(7) by redesignating subsection (h), as amended by
paragraph (6), as subsection (i) and inserting after
subsection (g), as added by paragraph (5), the following new
subsection (h):
``(h) Prize Amount.--In carrying out a prize competition
under subsection (a), the Secretary may award not more than a
total of $5,000,000 to one or more winners of the prize
competition.''.
(b) Clerical Amendment.--The table of contents in section
2(b) of such Act is amended by striking the item relating to
section 1543 and inserting the following new item:
``Sec. 1543. Prize competition for technology that detects and
discloses use of generative artificial intelligence.''.
______
SA 2433. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--Dream Act of 2024
SEC. ___1. SHORT TITLE.
This subtitle may be cited as the ``Dream Act of 2024''.
SEC. ___2. DEFINITIONS.
In this subtitle:
(1) In general.--Except as otherwise specifically provided,
any term used in this subtitle that is used in the
immigration laws shall have the meaning given such term in
the immigration laws.
[[Page S4755]]
(2) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15,
2012.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(4) Early childhood education program.--The term ``early
childhood education program'' has the meaning given such term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(5) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(6) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(7) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the meaning
given such term in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher education
outside of the United States.
(8) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis''
means status as an alien lawfully admitted for permanent
residence on a conditional basis under this subtitle.
(9) Poverty line.--The term ``poverty line'' has the
meaning given such term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(10) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(11) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.
SEC. ___3. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
(a) Conditional Basis for Status.--Notwithstanding any
other provision of law, an alien shall be considered, at the
time of obtaining the status of an alien lawfully admitted
for permanent residence under this section, to have obtained
such status on a conditional basis subject to the provisions
under this subtitle.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is
inadmissible or deportable from the United States or is in
temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), if--
(A) the alien has been continuously physically present in
the United States since the date that is 4 years before the
date of the enactment of this Act;
(B) the alien was younger than 18 years of age on the date
on which the alien initially entered the United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
(iii) has not been convicted of--
(I) any offense under Federal or State law, other than a
State offense for which an essential element is the alien's
immigration status, that is punishable by a maximum term of
imprisonment of more than 1 year; or
(II) 3 or more offenses under Federal or State law, other
than State offenses for which an essential element is the
alien's immigration status, for which the alien was convicted
on different dates for each of the 3 offenses and imprisoned
for an aggregate of 90 days or more; and
(D) the alien--
(i) has been admitted to an institution of higher
education;
(ii) has earned a high school diploma or a commensurate
alternative award from a public or private high school, or
has obtained a general education development certificate
recognized under State law or a high school equivalency
diploma in the United States; or
(iii) is enrolled in secondary school or in an education
program assisting students in--
(I) obtaining a regular high school diploma or its
recognized equivalent under State law; or
(II) in passing a general educational development exam, a
high school equivalence diploma examination, or other similar
State-authorized exam.
(2) Waiver.--With respect to any benefit under this
subtitle, the Secretary may waive the grounds of
inadmissibility under paragraph (2), (6)(E), (6)(G), or
(10)(D) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) for humanitarian purposes or family
unity or if the waiver is otherwise in the public interest.
(3) Treatment of expunged convictions.--An expunged
conviction shall not automatically be treated as an offense
under paragraph (1). The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature
and severity of the offense to determine whether, under the
particular circumstances, the Secretary determines that the
alien should be eligible for cancellation of removal,
adjustment to permanent resident status on a conditional
basis, or other adjustment of status.
(4) DACA recipients.--The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien
applying for permanent resident status on a conditional basis
under this section to pay a reasonable fee that is
commensurate with the cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, accumulated $10,000 or more in debt as a result of
unreimbursed medical expenses incurred by the alien or an
immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(6) Submission of biometric and biographic data.--The
Secretary may not grant an alien permanent resident status on
a conditional basis under this section unless the alien
submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for aliens who are unable to
provide such biometric or biographic data because of a
physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien seeking permanent resident status on a
conditional basis under this section; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such status.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary grants
such alien permanent resident status on a conditional basis
under this section.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent resident
status on a conditional basis under this section shall
undergo a medical examination.
(B) Policies and procedures.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination required under subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under
the Military Selective Service Act (50 U.S.C. 3801 et seq.),
if the alien is subject to registration under such Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien
is served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), an alien shall be considered to have failed to
maintain continuous physical presence in the United States
under subsection (b)(1)(A) if the alien has departed from the
United States for any period exceeding 90 days or for any
periods, in the aggregate, exceeding 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A)
[[Page S4756]]
for an alien who demonstrates that the failure to timely
return to the United States was due to extenuating
circumstances beyond the alien's control, including the
serious illness of the alien, or death or serious illness of
a parent, grandparent, sibling, or child of the alien.
(C) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under subparagraph
(A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for
relief under this section.
(2) Aliens subject to removal.--The Secretary shall provide
a reasonable opportunity to apply for relief under this
section to any alien who requests such an opportunity or who
appears prima facie eligible for relief under this section if
the alien is in removal proceedings, is the subject of a
final removal order, or is the subject of a voluntary
departure order.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall stay the
removal proceedings of an alien who--
(i) meets all the requirements under subparagraphs (A),
(B), and (C) of subsection (b)(1), subject to paragraphs (2)
and (3) of such subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school, a secondary
school, or an early childhood education program.
(B) Commencement of removal proceedings.--The Secretary may
not commence removal proceedings for an alien described in
subparagraph (A).
(C) Employment.--An alien whose removal is stayed pursuant
to subparagraph (A) or who may not be placed in removal
proceedings pursuant to subparagraph (B) shall, upon
application to the Secretary, be granted an employment
authorization document.
(D) Lift of stay.--The Secretary or Attorney General may
not lift the stay granted to an alien under subparagraph (A)
unless the alien ceases to meet the requirements under such
subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
granted permanent resident status on a conditional basis
under this subtitle.
SEC. ___4. TERMS OF PERMANENT RESIDENT STATUS ON A
CONDITIONAL BASIS.
(a) Period of Status.--Permanent resident status on a
conditional basis is--
(1) valid for a period of 8 years, unless such period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this subtitle and the requirements to have the
conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien
only if the Secretary--
(1) determines that the alien ceases to meet the
requirements under paragraph (1)(C) of section [___3(b)],
subject to paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise contest the
termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), an
alien whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as
appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for such status is denied
and who had temporary protected status under section 244 of
the Immigration and Nationality Act (8 U.S.C. 1254a)
immediately before receiving or applying for such permanent
resident status on a conditional basis, as appropriate, may
not return to such temporary protected status if--
(A) the relevant designation under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been
terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a conditional
basis renders the alien ineligible for such temporary
protected status.
SEC. ___5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.
(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this subtitle and grant the
alien status as an alien lawfully admitted for permanent
residence if the alien--
(A) is described in paragraph (1)(C) of section [___3(b)],
subject to paragraphs (2) and (3) of that section;
(B) has not abandoned the alien's residence in the United
States; and
(C)(i) has acquired a degree from an institution of higher
education or has completed at least 2 years, in good
standing, in a program for a bachelor's degree or higher
degree in the United States;
(ii) has served in the Uniformed Services for at least 2
years and, if discharged, received an honorable discharge; or
(iii) has been employed for periods totaling at least 3
years and at least 75 percent of the time that the alien has
had a valid employment authorization, except that any period
during which the alien is not employed while having a valid
employment authorization and is enrolled in an institution of
higher education, a secondary school, or an education program
described in section [___3](b)(1)(D)(iii), shall not count
toward the time requirements under this clause.
(2) Hardship exception.--The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien--
(A) satisfies the requirements under subparagraphs (A) and
(B) of paragraph (1);
(B) demonstrates compelling circumstances for the inability
to satisfy the requirements under subparagraph (C) of such
paragraph; and
(C) demonstrates that--
(i) the alien has a disability;
(ii) the alien is a full-time caregiver of a minor child;
or
(iii) the removal of the alien from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent, or child who is a national of the United
States or is lawfully admitted for permanent residence.
(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B),
the conditional basis of an alien's permanent resident status
granted under this subtitle may not be removed unless the
alien demonstrates that the alien satisfies the requirements
under section 312(a) of the Immigration and Nationality Act
(8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an
alien who is unable to meet the requirements under such
section 312(a) due to disability.
(4) Application fee.--
(A) In general.--The Secretary may require aliens applying
for lawful permanent resident status under this section to
pay a reasonable fee that is commensurate with the cost of
processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, the alien accumulated $10,000 or more in debt as a
result of unreimbursed medical expenses incurred by the alien
or an immediate family member of the alien; and
(II) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(5) Submission of biometric and biographic data.--The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric data because of a physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate--
(i) to conduct security and law enforcement background
checks of an alien applying for removal of the conditional
basis of the alien's permanent resident status; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for removal of such conditional basis.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary removes
the conditional basis of the alien's permanent resident
status.
[[Page S4757]]
(b) Treatment for Purposes of Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and be present in the United States, as an alien
lawfully admitted for permanent residence.
(2) Limitation on application for naturalization.--An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
SEC. ___6. DOCUMENTATION REQUIREMENTS.
(a) Documents Establishing Identity.--An alien's
application for permanent resident status on a conditional
basis may include, as proof of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in
the United States.--To establish that an alien has been
continuously physically present in the United States, as
required under section [___3](b)(1)(A), or to establish that
an alien has not abandoned residence in the United States, as
required under section [___5](a)(1)(B), the alien may submit
documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child who was born in the
United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) 2 or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain--
(A) the name, address, and telephone number of the affiant;
and
(B) the nature and duration of the relationship between the
affiant and the alien.
(c) Documents Establishing Initial Entry Into the United
States.--To establish under section [___3](b)(1)(B) that an
alien was younger than 18 years of age on the date on which
the alien initially entered the United States, an alien may
submit documents to the Secretary, including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
(4) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and
the alien's address;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child who was born in the
United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of
Higher Education.--To establish that an alien has been
admitted to an institution of higher education, the alien
shall submit to the Secretary a document from the institution
of higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.--To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien shall submit to the Secretary
a diploma or other document from the institution stating that
the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma,
General Educational Development Certificate, or a Recognized
Equivalent.--To establish that an alien has earned a high
school diploma or a commensurate alternative award from a
public or private high school, or has obtained a general
educational development certificate recognized under State
law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational
Program.--To establish that an alien is enrolled in any
school or education program described in section
[___3](b)(1)(D)(iii), [___3](d)(3)(A)(iii), or
[___5](a)(1)(C), the alien shall submit school records from
the United States school that the alien is currently
attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(h) Documents Establishing Exemption From Application
Fees.--To establish that an alien is exempt from an
application fee under section [___3](b)(5)(B) or
[___5](a)(4)(B), the alien shall submit to the Secretary the
following relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes
that the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment records that have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental
or familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn
affidavits from individuals who are not related to the alien
and who have direct knowledge of the circumstances that
contain--
(A) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, is homeless, or
has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant;
and
(C) the nature and duration of the relationship between the
affiant and the alien.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving treatment;
and
(C) document that the alien has accumulated $10,000 or more
in debt in the past 12 months as a result of unreimbursed
medical expenses incurred by the alien or an immediate family
member of the alien.
(i) Documents Establishing Qualification for Hardship
Exemption.--To establish that an alien satisfies one of the
criteria for the hardship exemption set forth in section
[___5](a)(2)(C), the alien shall submit to the Secretary at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Uniformed
Services.--To establish that an alien has served in the
Uniformed Services for at least 2 years and, if discharged,
received an honorable discharge, the alien shall submit to
the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
[[Page S4758]]
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section [___5](a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such employment requirement;
and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien; and
(F) remittance records.
(l) Authority To Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal
Register and an opportunity for public comment, that any
document or class of documents does not reliably establish
identity or that permanent resident status on a conditional
basis is being obtained fraudulently to an unacceptable
degree, the Secretary may prohibit or restrict the use of
such document or class of documents.
SEC. ___7. RULEMAKING.
(a) Initial Publication.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
publish regulations implementing this subtitle in the Federal
Register. Such regulations shall allow eligible individuals
to immediately apply affirmatively for the relief available
under section [___3] without being placed in removal
proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations published
pursuant to subsection (a) shall be effective, on an interim
basis, immediately upon publication in the Federal Register,
but may be subject to change and revision after public notice
and opportunity for a period of public comment.
(c) Final Regulations.--Not later than 180 days after the
date on which interim regulations are published under this
section, the Secretary shall publish final regulations
implementing this subtitle.
(d) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''), shall not apply to any
action to implement this subtitle.
SEC. ___8. CONFIDENTIALITY OF INFORMATION.
(a) In General.--The Secretary may not disclose or use
information provided in applications filed under this
subtitle or in requests for DACA for the purpose of
immigration enforcement.
(b) Referrals Prohibited.--The Secretary may not refer any
individual who has been granted permanent resident status on
a conditional basis or who was granted DACA to U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
(c) Limited Exception.--Notwithstanding subsections (a) and
(b), information provided in an application for permanent
resident status on a conditional basis or a request for DACA
may be shared with Federal security and law enforcement
agencies--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
SEC. ___9. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included in the original enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
546).
______
SA 2434. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SENATOR PAUL SIMON STUDY ABROAD PROGRAM ACT OF
2024.
(a) Short Title.--This section may be cited as the
``Senator Paul Simon Study Abroad Program Act of 2024''.
(b) Senator Paul Simon Study Abroad Program.--
(1) Establishment.--Subject to the availability of
appropriations and under the authority of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451
et seq.), the Secretary of State shall--
(A) rename the Increase and Diversify Education Abroad for
U.S. Students Program (commonly known as ``IDEAS'') as the
``Senator Paul Simon Study Abroad Program'' (referred to in
this section as the ``Program''); and
(B) enhance the program in accordance with this subsection.
(2) Objectives.--The objectives of the Program are that not
later than 10 years after the date of enactment of this Act--
(A) not fewer than 1,000,000 undergraduate students from
the United States will study abroad annually;
(B) the demographics of study abroad participation will
reflect the demographics of the United States undergraduate
population by increasing the participation rate of
underrepresented groups; and
(C) an increasing portion of study abroad will take place
in nontraditional study abroad destinations, with a
substantial portion of such increases in developing
countries.
(3) Competitive grants to institutions of higher
education.--
(A) In general.--In order to accomplish the objectives
described in paragraph (2), the Secretary of State shall
award grants, on a competitive basis, to institutions of
higher education, either individually or as part of a
consortium, based on applications by such institutions that--
(i) set forth detailed plans for using grant funds to
further such objectives;
(ii) include an institutional commitment to expanding
access to study abroad;
(iii) include plans for evaluating progress made in
increasing access to study abroad;
(iv) describe how increases in study abroad participation
achieved through the grant will be sustained in subsequent
years; and
(v) demonstrate that the study abroad programs have
established health, safety, and security guidelines and
procedures, informed by Department of State travel advisories
and other appropriate Federal agencies and resources,
including the Overseas Security Advisory Council and the
Centers for Disease Control and Prevention.
(B) Priority.--In awarding grants under subparagraph (A),
the Secretary may give priority to--
(i) minority-serving institutions listed under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)));
(ii) eligible institutions (as defined in section 312(b) of
the Higher Education Act of 1965 (20 U.S.C. 1058(b)) that
qualify for the Strengthening Institutions Program of the
Department of Education; and
(iii) institutions that offer study abroad programs with a
significant world language learning component, as applicable.
(4) Implementation of lincoln commission recommendations.--
In administering the Program, the Secretary of State shall
take fully into account the recommendations of the Lincoln
Commission, including--
(A) institutions of higher education applying for grants
described in paragraph (3) shall use Program funds to support
direct student costs;
(B) diversity shall be a defining characteristic of the
Program; and
(C) quality control shall be a defining characteristic of
the Program.
(5) Consultation.--In carrying out this subsection, the
Secretary of State shall consult with representatives of
diverse institutions of higher education and educational
policy organizations and other individuals with appropriate
expertise.
(c) Annual Report.--Not later than December 31 of each
year, the Secretary of State shall submit an annual report to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that details the implementation of the Program during the
most recently concluded fiscal year.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the Program for fiscal year 2024 and for each subsequent
fiscal year.
(e) Definitions.--In this section:
(1) Consortium.--The term ``consortium'' means a group
that--
(A) includes at least 1 institution of higher education;
and
(B) may include nongovernmental organizations that provide
and promote study abroad opportunities for students.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(3) Nontraditional study abroad destination.--The term
``nontraditional study abroad destination'' means a location
that is
[[Page S4759]]
determined by the Secretary of State to be a less common
destination for students who study abroad.
(4) Student.--The term ``student'' means--
(A) an alien lawfully admitted for permanent residence in
the United States or a national of the United States or (as
such terms are defined in paragraphs (20) and (22) of section
101(a) of the Immigration and Nationality Act of 1965 (8
U.S.C. 1101(a))) who is enrolled at an institution of higher
education located within the United States; or
(B) an individual who is an eligible noncitizen for Federal
student aid, as determined by the Secretary of Education for
purposes of the Federal student loan program under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(5) Study abroad.--The term ``study abroad'' means an
educational program of study, work, service learning,
research, internship, or combination of such activities
that--
(A) is conducted outside of the United States; and
(B) carries academic credit.
(6) World language.--The term ``world language'' means any
natural language other than English, including--
(A) languages determined by the Secretary of State to be
critical to the national security interests of the United
States;
(B) classical languages;
(C) American sign language; and
(D) Native American languages.
______
SA 2435. Mr. DURBIN (for himself, Mr. Wyden, Mr. Carper, and Mr.
Kaine) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PROHIBITION ON SMOKING IN FACILITIES OF THE
VETERANS HEALTH ADMINISTRATION.
(a) Prohibition.--
(1) In general.--Section 1715 of title 38, United States
Code, is amended to read as follows:
``Sec. 1715. Prohibition on smoking in facilities of the
Veterans Health Administration
``(a) Prohibition.--No person (including any veteran,
patient, resident, employee of the Department, contractor, or
visitor) may smoke on the premises of any facility of the
Veterans Health Administration.
``(b) Definitions.--In this section:
``(1) The term `facility of the Veterans Health
Administration' means any land or building (including any
medical center, nursing home, domiciliary facility,
outpatient clinic, or center that provides readjustment
counseling) that is--
``(A) under the jurisdiction of the Department of Veterans
Affairs;
``(B) under the control of the Veterans Health
Administration; and
``(C) not under the control of the General Services
Administration.
``(2) The term `smoke' includes--
``(A) the use of cigarettes, cigars, pipes, and any other
combustion or heating of tobacco; and
``(B) the use of any electronic nicotine delivery system,
including electronic or e-cigarettes, vape pens, and e-
cigars.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 1715 and inserting the following
new item:
``1715. Prohibition on smoking in facilities of the Veterans Health
Administration.''.
(b) Conforming Amendment.--Section 526 of the Veterans
Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715
note) is repealed.
______
SA 2436. Mr. DURBIN (for himself, Mr. Grassley, and Ms. Duckworth)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 336. PILOT PROGRAM ON ARSENAL WORKLOAD SUSTAINMENT.
(a) Findings.--Congress finds the following:
(1) The United States has a long and proud history of
manufacturing defense products.
(2) Factories and arsenals of the Department of the Army
that are owned and operated by the United States Government
are a critical component of the organic industrial base.
(3) The 2023 National Defense Industrial Strategy
recognizes the need of the Department of Defense to more
strategically utilize the organic industrial base in order to
maintain a competitive military advantage.
(4) Sufficient workload at arsenals of the Department of
the Army that are owned and operated by the United States
Government ensure cost efficiency and technical competence in
peacetime, while preserving the ability to provide an
effective and timely response to mobilizations, national
defense contingency situations, and other emergency
requirements.
(b) Establishment of Pilot Program.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall establish a pilot program to be known as the
``Arsenal Workload Sustainment Pilot Program'' (in this
section referred to as the ``pilot program'').
(c) Duration.--The pilot program shall be conducted for a
period of five years.
(d) Preferences for Procurement Actions or Solicitations.--
(1) In general.--In carrying out the pilot program, the
Secretary of Defense shall give a preference described in
paragraph (2) for any procurement action or solicitation by a
non-public partner who has entered into a public-private
partnership with the Secretary in the source selection
process if such non-public partner uses an arsenal of the
Department of the Army that is owned and operated by the
United States Government as a partner in any type of
contractual agreement with the United States Government.
(2) Preference described.--A preference described in this
paragraph is the addition of 20 percent to the price of any
offer by a non-public partner that does not use an arsenal of
the Department of the Army that is owned and operated by the
United States Government as a partner in its bid for the same
procurement action or solicitation described in paragraph
(1).
(3) Further preference.--In selecting non-public partners
under paragraph (1), the Secretary of Defense shall give
preference to non-public partners that--
(A) utilize the Advanced Manufacturing Center of Excellence
of the Army; and
(B) ensure not less than 25 percent of the activities under
the partnership are performed by employees of the Department
of Defense.
(e) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the activities carried out under pilot program, including
a description of any operational challenges identified.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A breakout, by relevant budget accounts, of workload at
an arsenal of the Department of the Army that is owned and
operated by the United States Government that was achieved in
the prior fiscal year, whether directly or through public-
private partnerships under the pilot program.
(B) An assessment of relevant budget accounts where such an
arsenal can be utilized to meet future procurement needs of
the Department of Defense, irrespective of cost.
(C) An outlook of expected workload at each such arsenal
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code.
(D) The capital investments required to be made at each
such arsenal in order to ensure compliance and operational
capacity.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(2) Non-public partner.--The term ``non-public partner''
means a corporation, individual, university, or nonprofit
organization that is not part of the United States
Government.
______
SA 2437. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. [__]. DEFIANCE ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Disrupt Explicit Forged Images and Non-Consensual Edits Act
of 2024'' or the ``DEFIANCE Act of 2024''.
(b) Findings.--Congress finds that:
(1) Digital forgeries, often called deepfakes, are
synthetic images and videos that look realistic. The
technology to create digital forgeries is now ubiquitous and
easy to use. Hundreds of apps are available that can quickly
generate digital forgeries without the need for any technical
expertise.
(2) Digital forgeries can be wholly fictitious but can also
manipulate images of real people to depict sexually intimate
conduct that did not occur. For example, some digital
forgeries will paste the face of an individual onto the body
of a real or fictitious
[[Page S4760]]
individual who is nude or who is engaging in sexual activity.
Another example is a photograph of an individual that is
manipulated to digitally remove the clothing of the
individual so that the person appears to be nude.
(3) The individuals depicted in such digital forgeries are
profoundly harmed when the content is produced, disclosed, or
obtained without the consent of those individuals. These
harms are not mitigated through labels or other information
that indicates that the depiction is fake.
(4) It can be destabilizing to victims whenever those
victims are depicted in sexual digital forgeries against
their will, as the privacy of those victims is violated and
the victims lose control over their likeness and identity.
(5) Victims can feel helpless because the victims--
(A) may not be able to determine who has created the
content; and
(B) do not know how to prevent further disclosure of the
digital forgery or how to prevent more forgeries from being
made.
(6) Victims may be fearful of being in public out of
concern that individuals the victims encounter have seen the
digital forgeries. This leads to social rupture through the
loss of the ability to trust, stigmatization, and isolation.
(7) Victims of non-consensual, sexually intimate digital
forgeries may experience depression, anxiety, and suicidal
ideation. These victims may also experience the ``silencing
effect'' in which the victims withdraw from online spaces and
public discourse to avoid further abuse.
(8) Digital forgeries are often used to--
(A) harass victims, interfering with their employment,
education, reputation, or sense of safety; or
(B) commit extortion, sexual assault, domestic violence,
and other crimes.
(9) Because of the harms caused by non-consensual, sexually
intimate digital forgeries, such digital forgeries are
considered to be a form of image-based sexual abuse.
(c) Civil Action Relating to Disclosure of Intimate
Images.--
(1) Definitions.--Section 1309 of the Consolidated
Appropriations Act, 2022 (15 U.S.C. 6851) is amended--
(A) in the heading, by inserting ``or nonconsensual
activity involving digital forgeries'' after ``intimate
images''; and
(B) in subsection (a)--
(i) in paragraph (2), by inserting ``competent,'' after
``conscious,'';
(ii) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(iii) by redesignating paragraph (3) as paragraph (5);
(iv) by inserting after paragraph (2) the following:
``(3) Digital forgery.--
``(A) In general.--The term `digital forgery' means any
intimate visual depiction of an identifiable individual
created through the use of software, machine learning,
artificial intelligence, or any other computer-generated or
technological means, including by adapting, modifying,
manipulating, or altering an authentic visual depiction,
that, when viewed as a whole by a reasonable person, is
indistinguishable from an authentic visual depiction of the
individual.
``(B) Labels, disclosure, and context.--Any visual
depiction described in subparagraph (A) constitutes a digital
forgery for purposes of this paragraph regardless of whether
a label, information disclosed with the visual depiction, or
the context or setting in which the visual depiction is
disclosed states or implies that the visual depiction is not
authentic.'';
(v) in paragraph (5), as so redesignated--
(I) by striking ``(5) Depicted'' and inserting ``(5)
Identifiable''; and
(II) by striking ``depicted individual'' and inserting
``identifiable individual''; and
(vi) in paragraph (6)(A), as so redesignated--
(I) in clause (i), by striking ``; or'' and inserting a
semicolon;
(II) in clause (ii)--
(aa) in subclause (I), by striking ``individual;'' and
inserting ``individual; or''; and
(bb) by striking subclause (III); and
(III) by adding at the end the following:
``(iii) an identifiable individual engaging in sexually
explicit conduct; and''.
(2) Civil action.--Section 1309(b) of the Consolidated
Appropriations Act, 2022 (15 U.S.C. 6851(b)) is amended--
(A) in paragraph (1)--
(i) by striking paragraph (A) and inserting the following:
``(A) In general.--Except as provided in paragraph (5)--
``(i) an identifiable individual whose intimate visual
depiction is disclosed, in or affecting interstate or foreign
commerce or using any means or facility of interstate or
foreign commerce, without the consent of the identifiable
individual, where such disclosure was made by a person who
knows or recklessly disregards that the identifiable
individual has not consented to such disclosure, may bring a
civil action against that person in an appropriate district
court of the United States for relief as set forth in
paragraph (3);
``(ii) an identifiable individual who is the subject of a
digital forgery may bring a civil action in an appropriate
district court of the United States for relief as set forth
in paragraph (3) against any person that knowingly produced
or possessed the digital forgery with intent to disclose it,
or knowingly disclosed or solicited the digital forgery, if--
``(I) the identifiable individual did not consent to such
production or possession with intent to disclose, disclosure,
or solicitation;
``(II) the person knew or recklessly disregarded that the
identifiable individual did not consent to such production or
possession with intent to disclose, disclosure, or
solicitation; and
``(III) such production, disclosure, solicitation, or
possession is in or affects interstate or foreign commerce or
uses any means or facility of interstate or foreign commerce;
and
``(iii) an identifiable individual who is the subject of a
digital forgery may bring a civil action in an appropriate
district court of the United States for relief as set forth
in paragraph (3) against any person that knowingly produced
the digital forgery if--
``(I) the identifiable individual did not consent to such
production;
``(II) the person knew or recklessly disregarded that the
identifiable individual--
``(aa) did not consent to such production; and
``(bb) was harmed, or was reasonably likely to be harmed,
by the production; and
``(III) such production is in or affects interstate or
foreign commerce or uses any means or facility of interstate
or foreign commerce.''; and
(ii) in subparagraph (B)--
(I) in the heading, by inserting ``identifiable'' before
``individuals''; and
(II) by striking ``an individual who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the individual'' and inserting ``an identifiable
individual who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the
identifiable individual'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``identifiable'' before ``individual'';
(II) by striking ``depiction'' and inserting ``intimate
visual depiction or digital forgery''; and
(III) by striking ``distribution'' and inserting
``disclosure, solicitation, or possession''; and
(ii) in subparagraph (B)--
(I) by inserting ``identifiable'' before individual;
(II) by inserting ``or digital forgery'' after each place
the term ``depiction'' appears; and
(III) by inserting ``, solicitation, or possession'' after
``disclosure'';
(C) by redesignating paragraph (4) as paragraph (5);
(D) by striking paragraph (3) and inserting the following:
``(3) Relief.--
``(A) In general.--In a civil action filed under this
section, an identifiable individual may recover--
``(i) damages as provided under subparagraph (C); and
``(ii) the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred.
``(B) Punitive damages and other relief.--The court may, in
addition to any other relief available at law, award punitive
damages or order equitable relief, including a temporary
restraining order, a preliminary injunction, or a permanent
injunction ordering the defendant to delete, destroy, or
cease display or disclosure of the intimate visual depiction
or digital forgery.
``(C) Damages.--For purposes of subparagraph (A)(i), the
identifiable individual may recover--
``(i) liquidated damages in the amount of--
``(I) $150,000; or
``(II) $250,000 if the conduct at issue in the claim was--
``(aa) committed in relation to actual or attempted sexual
assault, stalking, or harassment of the identifiable
individual by the defendant; or
``(bb) the direct and proximate cause of actual or
attempted sexual assault, stalking, or harassment of the
identifiable individual by any person; or
``(ii) actual damages sustained by the individual, which
shall include any profits of the defendant that are
attributable to the conduct at issue in the claim that are
not otherwise taken into account in computing the actual
damages.
``(D) Calculation of defendant's profit.--For purposes of
subparagraph (C)(ii), to establish the defendant's profits,
the identifiable individual shall be required to present
proof only of the gross revenue of the defendant, and the
defendant shall be required to prove the deductible expenses
of the defendant and the elements of profit attributable to
factors other than the conduct at issue in the claim.
``(4) Preservation of privacy.--In a civil action filed
under this section, the court may issue an order to protect
the privacy of a plaintiff, including by--
``(A) permitting the plaintiff to use a pseudonym;
``(B) requiring the parties to redact the personal
identifying information of the plaintiff from any public
filing, or to file such documents under seal; and
``(C) issuing a protective order for purposes of discovery,
which may include an order indicating that any intimate
visual depiction or digital forgery shall remain in the care,
custody, and control of the court.'';
(E) in paragraph (5)(A), as so redesignated--
(i) by striking ``image'' and inserting ``visual depiction
or digital forgery''; and
[[Page S4761]]
(ii) by striking ``depicted'' and inserting
``identifiable''; and
(F) by adding at the end the following:
``(6) Statute of limitations.--Any action commenced under
this section shall be barred unless the complaint is filed
not later than 10 years from the later of--
``(A) the date on which the identifiable individual
reasonably discovers the violation that forms the basis for
the claim; or
``(B) the date on which the identifiable individual reaches
18 years of age.
``(7) Duplicative recovery barred.--No relief may be
ordered under paragraph (3) against a person who is subject
to a judgment under section 2255 of title 18, United States
Code, for the same conduct involving the same identifiable
individual and the same intimate visual depiction or digital
forgery.''.
(3) Continued applicability of federal, state, and tribal
law.--
(A) In general.--This section shall not be construed to
impair, supersede, or limit a provision of Federal, State, or
Tribal law.
(B) No preemption.--Nothing in this section shall prohibit
a State or Tribal government from adopting and enforcing a
provision of law governing disclosure of intimate images or
nonconsensual activity involving a digital forgery, as
defined in section 1309(a) of the Consolidated Appropriations
Act, 2022 (15 U.S.C. 6851(a)), as amended by this section,
that is at least as protective of the rights of a victim as
this section.
(d) Severability.--If any provision of this section, an
amendment made by this section, or the application of such a
provision or amendment to any person or circumstance, is held
to be unconstitutional, the remaining provisions of and
amendments made by this section, and the application of the
provision or amendment held to be unconstitutional to any
other person or circumstance, shall not be affected thereby.
______
SA 2438. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. NORTH KOREAN HUMAN RIGHTS.
(a) Short Title.--This section may be cited as the ``North
Korean Human Rights Reauthorization Act of 2024''.
(b) Findings.--Congress makes the following findings:
(1) The North Korean Human Rights Act of 2004 (Public Law
108-333; 22 U.S.C. 7801 et seq.) and subsequent
reauthorizations of such Act were the product of broad,
bipartisan consensus regarding the promotion of human rights,
documentation of human rights violations, transparency in the
delivery of humanitarian assistance, and the importance of
refugee protection.
(2) The human rights and humanitarian conditions within
North Korea remain deplorable and have been intentionally
perpetuated against the people of North Korea through
policies endorsed and implemented by Kim Jong-un and the
Workers' Party of Korea.
(3) According to a 2014 report released by the United
Nations Human Rights Council's Commission of Inquiry on Human
Rights in the Democratic People's Republic of Korea, between
80,000 and 120,000 children, women, and men were being held
in political prison camps in North Korea, where they were
subjected to deliberate starvation, forced labor, executions,
torture, rape, forced abortion, and infanticide.
(4) North Korea continues to hold a number of South Koreans
and Japanese abducted after the signing of the Agreement
Concerning a Military Armistice in Korea, signed at Panmunjom
July 27, 1953 (commonly referred to as the ``Korean War
Armistice Agreement''), and refuses to acknowledge the
abduction of more than 100,000 South Koreans during the
Korean War in violation of the Geneva Convention.
(5) Human rights violations in North Korea, which include
forced starvation, sexual violence against women and
children, restrictions on freedom of movement, arbitrary
detention, torture, executions, and enforced disappearances,
amount to crimes against humanity according to the United
Nations Commission of Inquiry on Human Rights in the
Democratic People's Republic of Korea.
(6) The effects of the COVID-19 pandemic and North Korea's
strict lockdown of its borders and crackdowns on informal
market activities and small entrepreneurship have drastically
increased food insecurity for its people and given rise to
famine conditions in parts of the country.
(7) North Korea's COVID-19 border lockdown measures also
include shoot-to-kill orders that have resulted in the
killing of--
(A) North Koreans attempting to cross the border; and
(B) at least 1 South Korean citizen in September 2020.
(8) The Chinese Communist Party and the Government of the
People's Republic of China are aiding and abetting in crimes
against humanity by forcibly repatriating North Korean
refugees to North Korea where they are sent to prison camps,
harshly interrogated, and tortured or executed.
(9) The forcible repatriation of North Korean refugees
violates the People's Republic of China's freely undertaken
obligation to uphold the principle of non-refoulement, under
the Convention Relating to the Status of Refugees, done at
Geneva July 28, 1951 (and made applicable by the Protocol
Relating to the Status of Refugees, done at New York January
31, 1967 (19 UST 6223)).
(10) North Korea continues to bar freedom of religion and
persecute religious minorities, especially Christians.
Eyewitnesses report that Christians in North Korea have been
tortured, forcibly detained, and even executed for possessing
a Bible or professing Christianity.
(11) United States and international broadcasting
operations into North Korea--
(A) serve as a critical source of outside news and
information for the North Korean people; and
(B) provide a valuable service for countering regime
propaganda and false narratives.
(12) The position of Special Envoy on North Korean Human
Rights Issues has been vacant since January 2017, even though
the President is required to appoint a Senate-confirmed
Special Envoy to fill this position in accordance with
section 107 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7817).
(c) Sense of Congress.--It is the sense of Congress that--
(1) promoting information access in North Korea continues
to be a successful method of countering North Korean
propaganda;
(2) the United States Government should continue to support
efforts described in paragraph (1), including by enacting and
implementing the Otto Warmbier North Korean Censorship and
Surveillance Act of 2021, which was introduced by Senator
Portman on June 17, 2021;
(3) because refugees among North Koreans fleeing into China
face severe punishments upon their forcible return, the
United States should urge the Government of the People's
Republic of China--
(A) to immediately halt its forcible repatriation of North
Koreans;
(B) to allow the United Nations High Commissioner for
Refugees (referred to in this section as ``UNHCR'') unimpeded
access to North Koreans within China to determine whether
they are refugees and require assistance;
(C) to fulfill its obligations under the Convention
Relating to the Status of Refugees, done at Geneva July 28,
1951 (and made applicable by the Protocol Relating to the
Status of Refugees, done at New York January 31, 1967 (19 UST
6223)) and the Agreement on the upgrading of the UNHCR
Mission in the People's Republic of China to UNHCR branch
office in the People's Republic of China, done at Geneva
December 1, 1995;
(D) to address the concerns of the United Nations Committee
Against Torture by incorporating into domestic legislation
the principle of non-refoulement; and
(E) to recognize the legal status of North Korean women who
marry or have children with Chinese citizens and ensure that
all such mothers and children are granted resident status and
access to education and other public services in accordance
with Chinese law and international standards;
(4) the United States Government should continue to promote
the effective and transparent delivery and distribution of
any humanitarian aid provided in North Korea to ensure that
such aid reaches its intended recipients to the point of
consumption or utilization by cooperating closely with the
Government of the Republic of Korea and international and
nongovernmental organizations;
(5) the Department of State should continue to take steps
to increase public awareness about the risks and dangers of
travel by United States citizens to North Korea, including by
continuing its policy of blocking United States passports
from being used to travel to North Korea without a special
validation from the Department of State;
(6) the United Nations, which has a significant role to
play in promoting and improving human rights in North Korea,
should press for access for the United Nations Special
Rapporteur and the United Nations High Commissioner for Human
Rights on the situation of human rights in North Korea;
(7) the Special Envoy for North Korean Human Rights Issues
should be appointed without delay--
(A) to properly promote and coordinate North Korean human
rights and humanitarian issues; and
(B) to participate in policy planning and implementation
with respect to refugee issues;
(8) the United States should urge North Korea to repeal the
Reactionary Thought and Culture Denunciation Law and other
draconian laws, regulations, and decrees that manifestly
violate the freedom of opinion and expression and the freedom
of thought, conscience, and religion;
(9) the United States should urge North Korea to ensure
that any restrictions on addressing the COVID-19 pandemic are
necessary, proportionate, nondiscriminatory, time-bound,
transparent, and allow international staff to operate inside
the North Korea to provide international assistance based on
independent needs assessments;
(10) the United States should expand the Rewards for
Justice program to be open to
[[Page S4762]]
North Korean officials who can provide evidence of crimes
against humanity being committed by North Korean officials;
(11) the United States should continue to seek cooperation
from all foreign governments--
(A) to allow the UNHCR access to process North Korean
refugees overseas for resettlement; and
(B) to allow United States officials access to process
refugees for possible resettlement in the United States; and
(12) the Secretary of State, through diplomacy by senior
officials, including United States ambassadors to Asia-
Pacific countries, and in close cooperation with South Korea,
should make every effort to promote the protection of North
Korean refugees, escapees, and defectors.
(d) Reauthorizations.--
(1) Support for human rights and democracy programs.--
Section 102(b)(1) of the North Korean Human Rights Act of
2004 (22 U.S.C. 7812(b)(1)) is amended by striking ``2022''
and inserting ``2028''.
(2) Actions to promote freedom of information.--Section 104
of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814)
is amended--
(A) in subsection (b)(1), by striking ``2022'' and
inserting ``2028''; and
(B) in subsection (c), by striking ``2022'' and inserting
``2028''.
(3) Report by special envoy on north korean human rights
issues.--Section 107(d) of the North Korean Human Rights Act
of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2022''
and inserting ``2028''.
(4) Report on united states humanitarian assistance.--
Section 201(a) of the North Korean Human Rights Act of 2004
(22 U.S.C. 7831(a)) is amended, in the matter preceding
paragraph (1), by striking ``2022'' and inserting ``2028''.
(5) Assistance provided outside of north korea.--Section
203 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7833) is amended--
(A) in subsection (b)(2), by striking ``103(15)'' and
inserting ``103(17)''; and
(B) in subsection (c)(1), by striking ``2018 through 2022''
and inserting ``2023 through 2028''.
(6) Annual reports.--Section 305(a) of the North Korean
Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended, in
the matter preceding paragraph (1) by striking ``2022'' and
inserting ``2028''.
(e) Actions to Promote Freedom of Information.--Title I of
the North Korean Human Rights Act of 2004 (22 U.S.C. 7811 et
seq.) is amended--
(1) in section 103(a) (22 U.S.C. 7813(a)), by striking
``Broadcasting Board of Governors'' and inserting ``United
States Agency for Global Media''; and
(2) in section 104(a) (22 U.S.C. 7814(a))--
(A) by striking ``Broadcasting Board of Governors'' each
place such term appears and inserting ``United States Agency
for Global Media'';
(B) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by striking ``5
years'' and inserting ``10 years'';
(ii) by redesignating clauses (i) through (iii) as clauses
(ii) through (iv), respectively;
(iii) by inserting before clause (ii) the following:
``(i) an update of the plan required under subparagraph
(A);''; and
(iv) in clause (iii), as redesignated, by striking
``pursuant to section 403'' and inserting ``to carry out this
section''.
(f) Special Envoy for North Korean Human Rights Issues.--
Section 107 of the North Korean Human Rights Act of 2004 (22
U.S.C. 7817) is amended by adding at the end the following:
``(e) Report on Appointment of Special Envoy.--Not later
than 180 days after the date of the enactment of this
subsection and annually thereafter through 2028 if the
position of Special Envoy remains vacant, the Secretary of
State shall submit a report to the appropriate congressional
committees that describes the efforts being taken to appoint
the Special Envoy.''.
(g) Support for North Korean Refugees.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security should collaborate with faith-based and
Korean-American organizations to resettle North Korean
participants in the United States Refugee Admissions Program
in areas with existing Korean-American communities to
mitigate trauma and mental health considerations of refugees,
as appropriate.
(2) Resettlement location assistance education.--The
Secretary of State shall publicly disseminate guidelines and
information relating to resettlement options in the United
States or South Korea for eligible North Korean refugees,
with a particular focus on messaging to North Koreans.
(3) Mechanisms.--The guidelines and information described
in paragraph (2)--
(A) shall be published on a publicly available website of
the Department of State;
(B) shall be broadcast into North Korea through radio
broadcasting operations funded or supported by the United
States Government; and
(C) shall be distributed through brochures or electronic
storage devices.
(h) Authorization of Sanctions for Forced Repatriation of
North Korean Refugees.--
(1) Discretionary designations.--Section 104(b)(1) of the
North Korea Sanctions and Policy Enhancement Act of 2016 (22
U.S.C. 9214) is amended--
(A) in subparagraph (M), by striking ``or'' after the
semicolon;
(B) in subparagraph (N), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(O) knowingly, directly or indirectly, forced the
repatriation of North Korean refugees to North Korea.''.
(2) Exemptions.--Section 208(a)(1) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9228(a)(1)) is amended by inserting ``, the Republic of
Korea, and Japan'' before the period at the end.
(i) Report on Humanitarian Exemptions to Sanctions Imposed
With Respect to North Korea.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the continued pursuit by the North Korean regime of
weapons of mass destruction (including nuclear, chemical, and
biological weapons), in addition to its ballistic missile
program, along with the regime's gross violations of human
rights, have led the international community to impose
sanctions with respect to North Korea, including sanctions
imposed by the United Nations Security Council;
(B) authorities should grant exemptions for humanitarian
assistance to the people of North Korea consistent with past
United Nations Security Council resolutions; and
(C) humanitarian assistance intended to provide
humanitarian relief to the people of North Korea must not be
exploited or misdirected by the North Korean regime to
benefit the military or elites of North Korea.
(2) Reports required.--
(A) Defined term.--In this subsection, the term ``covered
period'' means--
(i) in the case of the first report required to be
submitted under paragraph (2), the period beginning on
January 1, 2018, and ending on the date that is 90 days after
the date of the enactment of this Act; and
(ii) in the case of each subsequent report required to be
submitted under paragraph (2), the 1-year period preceding
the date by which the report is required to be submitted.
(B) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 2 years, the Secretary of State shall submit a
report to Congress that--
(i) describes--
(I) how the North Korean regime has previously exploited
humanitarian assistance from the international community to
benefit elites and the military in North Korea;
(II) the most effective methods to provide humanitarian
relief, including mechanisms to facilitate humanitarian
assistance, to the people of North Korea, who are in dire
need of such assistance;
(III) any requests to the Committee of the United Nations
Security Council established by United Nations Security
Council Resolution 1718 (2006) (referred to in this
subsection as the ``1718 Sanctions Committee'') for
humanitarian exemptions from sanctions known to have been
denied during the covered period or known to have been in
process for more than 30 days as of the date of the report;
and
(IV) any known explanations for the denials and delays
referred to in clause (iii); and
(ii) details any action by a foreign government during the
covered period that has delayed or impeded humanitarian
assistance that was approved by the 1718 Sanctions Committee.
______
SA 2439. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--United States-Jordan Defense Cooperation
SEC. 1294. SHORT TITLE.
This subtitle may be cited as the ``United States-Jordan
Defense Cooperation Act of 2024''.
SEC. 1295. SENSE OF CONGRESS.
It is the sense of Congress that expeditious consideration
of certifications of letters of offer to sell defense
articles, defense services, design and construction services,
and major defense equipment to the Hashemite Kingdom of
Jordan under section 36(b) of the Arms Export Control Act (22
U.S.C. 2776(b)) is fully consistent with United States
security and foreign policy interests and the objectives of
world peace and security.
SEC. 1296. ENHANCED DEFENSE COOPERATION.
(a) Arms Export Control Act.--
(1) In general.--During the 3-year period beginning on the
date of the enactment of this Act, the Hashemite Kingdom of
Jordan shall be treated as if it were a country listed in the
provisions of law described in paragraph (2) for purposes of
applying and administering such provisions of law.
(2) Covered provisions of law.--The provisions of law
described in this paragraph are as follows:
(A) Subsections (b)(2), (d)(2)(B), (d)(3)(A)(i), and (d)(5)
of such Act (22 U.S.C. 2753).
(B) Subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section
21 of such Act (22 U.S.C. 2761).
[[Page S4763]]
(C) Subsections (b)(1), (b)(2), (b)(6), (c), and (d)(2)(A)
of section 36 of such Act (22 U.S.C. 2776).
(D) Section 62(c)(1) of such Act (22 U.S.C. 2796a(c)(1)).
(E) Section 63(a)(2) of such Act (22 U.S.C. 2796b(a)(2)).
(b) Establishment of Capabilities.--
(1) Report.--
(A) In general.--Subject to paragraph (2), the Secretary of
Defense shall, in coordination with the Commander of Central
Command, work cooperatively with the Minister of Defense of
the Hashemite Kingdom of Jordan to establish or further
capabilities for countering air and missile threats from Iran
and its terrorist proxies, including the threat from unmanned
aerial systems, that threaten the United States, Jordan, and
other allies and partners of the United States.
(B) Protection of sensitive technology and information.--
The Secretary shall ensure that any activities carried out
under this subsection are conducted in a manner that
appropriately protects sensitive technology and information
and the national security interests of the United States and
the Hashemite Kingdom of Jordan.
(2) Limitation and report.--Activities may not be carried
out under paragraph (1) until after the Secretary submits to
the appropriate congressional committees a report setting
forth the following:
(A) A memorandum of agreement between the United States and
the Hashemite Kingdom of Jordan regarding sharing of research
and development costs for the capabilities described in
clause (i) and any supporting documents.
(B) A certification that the memorandum of agreement--
(i) requires sharing of costs of projects, including in-
kind support, between the United States and the Hashemite
Kingdom of Jordan;
(ii) establishes a framework to negotiate the rights to any
intellectual property developed under the memorandum of
agreement; and
(iii) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by the
Government of the Hashemite Kingdom of Jordan, including a
description of what the funds have been used for, when funds
were expended, and an identification of entities that
expended the funds.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(c) Middle East Integrated Air and Missile Defense.--
(1) In general.--Pursuant to section 1658 of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263), the Secretary of Defense shall, in
consultation with the Secretary of State and with the
concurrence of the Hashemite Kingdom of Jordan, develop a
plan to bolster the participation of Jordan in a
multinational integrated air and missile defense architecture
to protect the people, infrastructure, and territory of
Jordan from cruise and ballistic missiles, manned and
unmanned aerial systems, and rocket attacks from Iran and
groups linked to Iran.
(2) Briefing.--Not later than March 1, 2025, the Secretary
and the Commander of United States Central Command shall
provide the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives a briefing on the progress of the Department
of Defense towards bolstering the participation of Jordan in
a multinational integrated air and missile defense
architecture, and provide a list of requirements, with cost
estimates, for strengthening the defense of Jordan within
this architecture.
(d) Sunset.--The authority in this subsection to carry out
activities described in subsection (b), and to provide
support described in subsection (c), shall expire on December
31, 2028.
SEC. 1297. MEMORANDUM OF UNDERSTANDING.
Subject to the availability of appropriations, the
Secretary of State is authorized to enter into a memorandum
of understanding with the Hashemite Kingdom of Jordan to
increase economic support funds, military cooperation,
including joint military exercises, personnel exchanges,
support for international peacekeeping missions, and enhanced
strategic dialogue.
______
SA 2440. Mr. RUBIO (for himself and Ms. Sinema) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. REQUIREMENT FOR SECRETARY OF VETERANS AFFAIRS TO
MAKE AVAILABLE TO VETERANS PHYSICAL COPIES OF
FORM FOR REIMBURSEMENT OF CERTAIN TRAVEL
EXPENSES.
(a) In General.--The Secretary of Veterans Affairs shall
prescribe regulations to ensure that--
(1) a veteran may, for the purposes of submitting a claim
for the reimbursement of expenses for travel under section
111 of title 38, United States Code--
(A) obtain a physical copy of the covered form--
(i) by mail, upon the request of such veteran; or
(ii) at any medical facility of the Department of Veterans
Affairs; and
(B) submit the covered form to any such medical facility in
person or by mail; and
(2) any such medical facility to which a veteran submits
the covered form--
(A) evaluates such covered form; and
(B) processes any claim associated with such covered form,
if applicable.
(b) Covered Form Defined.--In this section, the term
``covered form'' means Department of Veterans Affairs Form
10-3452 (or any successor document).
______
SA 2441. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Restoring Sovereignty and Human Rights in Nicaragua Act of
2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Restoring Sovereignty
and Human Rights in Nicaragua Act of 2024''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Human rights.--The term ``human rights'' means
internationally recognized human rights.
(3) 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. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of State, working through the head of the
Office of Sanctions Coordination, and in consultation with
the Secretary of the Treasury, should engage in diplomatic
efforts with partners of the United States, including the
Government of Canada, governments of countries in the
European Union, and governments of countries in Latin America
and the Caribbean, to impose targeted sanctions with respect
to the persons subject to sanctions authorized by the
Nicaraguan Investment Conditionality Act of 2018 (50 U.S.C.
1701 note; Public Law 115-335) and the Reinforcing
Nicaragua's Adherence To Conditions For Electoral Reform Act
Of 2021 (Public Law 117-54), in order to hold the
authoritarian regime of President Daniel Ortega accountable
for crimes and human rights abuses perpetrated against the
people of Nicaragua and democratic political actors, civil
society organizations, religious institutions, media, and
academic institutions in Nicaragua;
(2) the United States Government should continue--
(A) to raise concerns about human rights and democracy in
Nicaragua and call attention to the efforts by the Ortega
regime to silence the people of Nicaragua and democratic
political actors, civil society organizations, religious
institutions, media, and academic institutions in Nicaragua;
and
(B) to enforce Executive Order 13851 (50 U.S.C. 1702 note;
relating to blocking of certain persons contributing to the
situation in Nicaragua); and
(3) the international community, including the Holy See,
the International Committee of the Red Cross, and the United
Nations should coordinate efforts--
(A) to improve the detention conditions of all political
prisoners in Nicaragua; and
(B) to call for the end of political persecution of the
people of Nicaragua and democratic political actors, civil
society organizations, religious institutions, media, and
academic institutions in Nicaragua.
[[Page S4764]]
PART I--REAUTHORIZATION AND AMENDMENT OF THE NICARAGUAN INVESTMENT
CONDITIONALITY ACT OF 2018 AND THE REINFORCING NICARAGUA'S ADHERENCE TO
CONDITIONS FOR ELECTORAL REFORM ACT OF 2021
SEC. 1294. EXTENSION OF AUTHORITIES OF THE NICARAGUAN
INVESTMENT CONDITIONALITY ACT OF 2018.
Section 10 of the Nicaraguan Investment Conditionality Act
of 2018 (50 U.S.C. 1701 note; Public Law 115-335) is amended
by striking ``2023'' and inserting ``2030''.
SEC. 1295. ENHANCING SANCTIONS ON SECTORS OF THE NICARAGUAN
ECONOMY THAT GENERATE REVENUE FOR THE ORTEGA
FAMILY.
Section 5(a) of the Nicaraguan Investment Conditionality
Act of 2018 (50 U.S.C. 1701 note; Public Law 115-335) is
amended--
(1) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and moving
such clauses 2 ems to the right;
(2) in paragraph (3), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and moving
such clauses 2 ems to the right;
(3) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and moving such
subparagraphs 2 ems to the right;
(4) by amending the matter preceding subparagraph (A), as
so redesignated, to read as follows:
``(a) In General.--The President--
``(1) shall impose the sanctions described in subsection
(c) with respect to any foreign person, including any current
or former official of the Government of Nicaragua or any
person acting on behalf of that Government, that the
President determines--'';
(5) in paragraph (1)(D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(6) by adding at the end the following new paragraph:
``(2) may impose the sanctions described in subsection (c)
with respect to any foreign person that the President
determines to operate or have operated in the gold sectors of
the Nicaraguan economy or in any other sector of the
Nicaraguan economy identified by the Secretary of State, in
consultation with the Secretary of the Treasury, for the
purposes of this paragraph.''.
SEC. 1296. EXPANSION OF TARGETED SANCTIONS WITH RESPECT TO
THE ORTEGA REGIME.
(a) Expansion of Activities Triggering Targeted
Sanctions.--Section 5(b) of the Nicaraguan Investment
Conditionality Act of 2018 (50 U.S.C. 1701 note; Public Law
115-335) is amended--
(1) in paragraph (1), by striking ``against persons
associated with the protests in Nicaragua that began on April
18, 2018''; and
(2) by adding at the end the following:
``(5) The arrest or prosecution of a person, including a
person who is a member of or an officer of the Catholic
Church, because of the legitimate exercise by such person of
the freedom of religion.
``(6) The conviction and sentencing of a person who is a
democratic political actor or a member of an independent
civil society organization for politically motivated charges.
``(7) The provision of significant goods, services, or
technology to support the invasion of Ukraine by the Russian
Federation that began on February 24, 2022.''.
(b) Modification of Targeted Sanctions Prioritization.--
Section 5(b)(2)(B) of the Reinforcing Nicaragua's Adherence
to Conditions for Electoral Reform Act of 2021 (50 U.S.C.
1701 note; Public Law 117-54) is amended by inserting after
clause (ix) the following:
``(x) Officials of the Instituto de Prevision Social
Militar (IPSM), commonly known as the Military Institute of
Social Security of Nicaragua.''.
(c) Reporting Requirement.--Not later than 90 days after
the enactment of this Act, and annually thereafter for a
period of 3 years, the Secretary of State, in consultation
with the Secretary of the Treasury, shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report on the implementation of section 5 of the
Reinforcing Nicaragua's Adherence to the Conditions for
Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law
117-54), which shall include--
(1) an update on the status of efforts to implement a
coordinated strategy on the use of targeted sanctions under
section 5(a)(1) of such Act;
(2) a detailed description of concrete steps that have been
taken under section 5(b)(1) of such Act to prioritize the
implementation of the targeted sanctions required under
section 5 of the Nicaragua Investment Conditionality Act of
2018 (50 U.S.C. 1701 note; Public Law 115-335); and
(3) a detailed description of the results of the review of
sanctionable targets required under section 5(b)(2) of the
Reinforcing Nicaragua's Adherence to the Conditions for
Electoral Reform Act of 2021 (50 U.S.C. 1701 note; Public Law
117-54).
SEC. 1297. COORDINATED DIPLOMATIC STRATEGY TO RESTRICT
INVESTMENT AND LOANS THAT BENEFIT THE
GOVERNMENT OF NICARAGUA FROM THE CENTRAL
AMERICAN BANK FOR ECONOMIC INTEGRATION.
Section 4 of the Nicaragua Investment Conditionality Act of
2018 (Public Law 115-335; 50 U.S.C. 1701 note) is amended--
(1) in subsection (c), by inserting ``and paragraphs (1),
(2), and (3) of subsection (f)'' after ``subsection (b)'';
(2) by redesignating subsection (f) as subsection (g);
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Diplomatic Strategy to Restrict Investment in
Nicaragua at the Central American Bank for Economic
Integration.--The Secretary of State, in consultation with
the Secretary of the Treasury, shall engage in diplomatic
efforts with governments of countries that are partners of
the United States and members of the Central American Bank
for Economic Integration (referred to in this section as
`CABEI')--
``(1) to oppose the extension by CABEI of any loan or
financial or technical assistance to the Government of
Nicaragua for any project in Nicaragua;
``(2) to increase the scrutiny of any loan or financial or
technical assistance provided by CABEI to any project in
Nicaragua; and
``(3) to ensure that any loan or financial or technical
assistance provided by CABEI to a project in Nicaragua is
administered through an entity with full technical,
administrative, and financial independence from the
Government of Nicaragua.''; and
(4) in subsection (g), as so redesignated--
(A) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new
paragraph (5):
``(5) a description of the results of the diplomatic
strategy mandated by subsection (f); and''.
PART II--ADDITIONAL ECONOMIC MEASURES TO HOLD THE GOVERNMENT OF
NICARAGUA ACCOUNTABLE FOR HUMAN RIGHTS ABUSES
SEC. 1298. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to seek a resolution to the political crisis in
Nicaragua that includes--
(A) a commitment by the Government of Nicaragua to hold
competitive, free, and fair elections that meet democratic
standards and permit credible international electoral
observation;
(B) the cessation of the violence perpetrated against
civilians by the National Police of Nicaragua and by armed
groups supported by the Government of Nicaragua; and
(C) independent investigations into the killings of
protesters in Nicaragua; and
(2) to support diplomatic engagement in order to advance a
negotiated and peaceful solution to the political crisis in
Nicaragua.
SEC. 1299. REVIEW OF PARTICIPATION OF NICARAGUA IN THE
DOMINICAN REPUBLIC-CENTRAL AMERICA-UNITED
STATES FREE TRADE AGREEMENT.
(a) Report Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the United States
Trade Representative, shall submit to the appropriate
congressional committees a report on the participation of
Nicaragua in CAFTA-DR, which includes--
(A) an assessment of the benefits that the Ortega regime
receives from the participation of Nicaragua in CAFTA-DR,
including profits earned by Nicaraguan state-owned entities;
(B) a description of the violations of commitments made by
Nicaragua under CAFTA-DR; and
(C) an assessment of whether Nicaragua qualifies as a
nonmarket economy for the purposes of the Trade Act of 1974
(19 U.S.C. 2101 et seq.).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) CAFTA-DR Defined.--In this section, the term ``CAFTA-
DR'' means the Dominican Republic-Central America-United
States Free Trade Agreement--
(1) entered into on August 5, 2004, with the Governments of
Costa Rica, the Dominican Republic, El Salvador, Guatemala,
Honduras, and Nicaragua, and submitted to Congress on June
23, 2005; and
(2) approved by Congress under section 101(a)(1) of the
Dominican Republic-Central American-United States Free Trade
Agreement Implementation Act (19 U.S.C. 4011(a)(1)).
SEC. 1300. TERMINATION.
The provisions of this title, and any sanctions issued in
accordance with the authorities of the Nicaragua Investment
Conditionality Act of 2018 (Public Law 115-335; 50 U.S.C.
1701 note) or the Reinforcing Nicaragua's Adherence to the
Conditions for Electoral Reform Act of 2021 (Public Law 117-
54), shall cease to have effect upon certification by the
President to the appropriate congressional committees that a
resolution to the political crisis in Nicaragua as described
in section 1298 has been reached.
PART III--PROMOTING THE HUMAN RIGHTS OF NICARAGUANS
SEC. 1300A. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
(a) Grants.--
(1) In general.--The Secretary of State and Administrator
of the United States Agency for International Development may
provide grants to private, nonprofit organizations to support
programs that promote human rights, democracy, and the rule
of law in Nicaragua, including programs that document human
rights abuses committed by the Ortega regime since April
2018.
(2) Funding limitation.--Any entity owned, controlled, or
otherwise affiliated
[[Page S4765]]
with the Ortega regime is not eligible to receive a grant
under this section.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter through fiscal
year 2028, the Secretary of State, in consultation with the
heads of other appropriate Federal agencies, shall submit to
the appropriate congressional committees a report on actions
taken pursuant to this section.
(c) Sense of Congress.--It is the sense of Congress that
before providing any grant under subsection (a)(1), the
Secretary of State and the Administrator of the United States
Agency for International Development should consult with
members of the Nicaraguan diaspora, including Nicaraguan
individuals in exile in Costa Rica and the United States.
SEC. 1300B. SUPPORT FOR NICARAGUAN HUMAN RIGHTS AT THE UNITED
NATIONS.
(a) Support to Extend Mandate of the Group of Human Rights
Experts on Nicaragua.--The President shall direct the United
States Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States in the
United Nations Human Rights Council and the United Nations
General Assembly--
(1) to seek to extend the mandate of the Group of Human
Rights Experts on Nicaragua under Human Rights Council
Resolution 49/3 (2022) until a peaceful solution to the
current political crisis in Nicaragua is reached, including--
(A) a commitment to hold elections that meet democratic
standards and permit credible international electoral
observation;
(B) the cessation of the violence perpetrated against
civilians by the National Police of Nicaragua and by armed
groups supported by the Government of Nicaragua;
(C) independent investigations into the killings of
protesters; and
(D) the restoration of Nicaraguan citizenship and
restitution of political and civil rights for all Nicaraguan
nationals unjustly stripped of their nationality, including
the 222 Nicaraguan nationals arbitrarily imprisoned and
expelled to the United States on February 9, 2023, and the 94
additional Nicaraguan dissidents stripped of their
nationality on February 15, 2023;
(2) to encourage international support to empower the Group
of Human Rights Experts on Nicaragua to fulfil its mission to
conduct thorough and independent investigations into all
alleged human rights violations and abuses committed in
Nicaragua since April 2018, including alleged crimes against
humanity; and
(3) to provide investigative and technical assistance to
the Group of Human Rights Experts on Nicaragua as requested
and as permitted under United Nations rules and regulations
and United States law.
(b) Support for Further Action.--The President may direct
the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United
States to urge the United Nations to provide greater action
with respect to human rights violations in Nicaragua by--
(1) urging the United Nations General Assembly to consider
a resolution, consistent with prior United Nations
resolutions, condemning the exile of political prisoners and
attacks on religious freedom by the Ortega regime; and
(2) assisting efforts by the relevant United Nations
Special Envoys and Special Rapporteurs to promote respect for
human rights and encourage negotiations that lead to free,
fair, and democratic elections in Nicaragua.
______
SA 2442. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. REVIEW OF DOMESTIC BIOPHARMACEUTICAL MANUFACTURING
CAPABILITIES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in
cooperation with the Director of the Biomedical Advanced
Research and Development Authority, shall seek to enter into
an agreement with the National Institute for Innovation in
Manufacturing Biopharmaceuticals to perform the services
described in subsection (b).
(b) Review and Recommendations.--Under an agreement
described in subsection (a) between the Secretary, the
Director of the Biomedical Advanced Research and Development
Authority, and the National Institute for Innovation in
Manufacturing Biopharmaceuticals, the National Institute for
Innovation in Manufacturing Biopharmaceuticals shall--
(1) review current domestic biopharmaceutical manufacturing
capacity at the Department of Health and Human Services and
such department's adaptability to various threats;
(2) draft recommendations for developing, demonstrating,
deploying, and advancing new domestic biopharmaceutical
manufacturing technologies that address gaps identified under
paragraph (1) and align Federal technologies with
technologies available to the private sector, including
through the new BioMAP initiative of the Biomedical Advanced
Research and Development Authority; and
(3) identify other opportunities and priorities to improve
the United States public health and medical preparedness and
response capabilities and domestic biopharmaceutical
manufacturing capabilities.
______
SA 2443. Mr. RUBIO (for himself and Ms. Warren) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10___. MODIFICATION OF RULES OF ORIGIN FOR
PHARMACEUTICAL PRODUCTS.
(a) Trade Agreements.--Section 308(4)(B) of the Trade
Agreements Act of 1979 (19 U.S.C. 2518(4)(B)) is amended--
(1) in clause (i), by striking ``instrumentality, or'' and
inserting ``instrumentality,'';
(2) in clause (ii), by inserting ``, other than an active
pharmaceutical ingredient,'' after ``part of materials''; and
(3) by striking the period at the end and inserting ``, or
(iii) in the case of an article which consists of an active
pharmaceutical ingredient, the pharmaceutical ingredient is
wholly the growth, product, or manufacture of that country or
instrumentality.''.
(b) Federal Acquisition Regulation.--Not later than 180
days after the date of the enactment of this Act, the
President shall prescribe regulations to update sections
52.225-5 and 25.003 of title 48, Code of Federal Regulations
(or successor regulations) to be consistent with rules of
origin determinations for active pharmaceutical ingredients
made under section 308(4)(B) of the Trade Agreements Act of
1979 (19 U.S.C. 2518(4)(B)), as amended by subsection (a).
______
SA 2444. Mr. RUBIO (for himself and Ms. Sinema) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. ENSURING ONLY LICENSED HEALTH CARE PROFESSIONALS
PERFORM MEDICAL DISABILITY EXAMINATIONS UNDER
CERTAIN DEPARTMENT OF VETERANS AFFAIRS PILOT
PROGRAM.
(a) Prohibition on Use of Certain Health Care
Professionals.--Section 504(c)(1) of the Veterans' Benefits
Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101
note) is amended by inserting ``only'' before ``a health care
professional''.
(b) Remedies.--The Secretary of Veterans Affairs shall take
such actions as the Secretary considers appropriate to ensure
compliance with section 504(c) of the Veterans' Benefits
Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101
note), as amended by subsection (a).
(c) Annual Report.--Not later than one year after the date
of the enactment of this Act and not less frequently than
once each year thereafter, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on--
(1) the conduct of the pilot program established under
section 504 of the Veterans' Benefits Improvements Act of
1996 (Public Law 104-275; 38 U.S.C. 5101 note); and
(2) the actions of the Secretary under subsection (b).
(d) Technical Corrections.--Section 504 of the Veterans'
Benefits Improvements Act of 1996 (Public Law 104-275; 38
U.S.C. 5101 note) is amended, in the section heading, by
striking ``physicians'' and inserting ``health care
professionals''.
______
SA 2445. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. UNITED STATES COMMISSION ON INTERNATIONAL
RELIGIOUS FREEDOM.
(a) Short Title.--This section may be cited as the ``United
States Commission on International Religious Freedom
Reauthorization Act of 2024''.
(b) Authorization of Appropriations.--Section 207(a) of the
International Religious
[[Page S4766]]
Freedom Act of 1998 (22 U.S.C. 6435(a)) is amended by
striking ``2023 and 2024'' and inserting ``2025 and 2026''.
(c) Extension of Authorization.--Section 209 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6436)
is amended by striking ``September 30, 2024'' and inserting
``September 30, 2026''.
______
SA 2446. Mr. BUDD (for himself, Mr. Tillis, Mr. Brown, Mr. Ricketts,
Mr. Marshall, Mr. Scott of Florida, and Mr. Coons) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10____. DESIGNATION OF POTASH AND PHOSPHATE AS CRITICAL
MINERALS.
(a) Definitions.--In this section:
(1) Covered country.--The term ``covered country'' means--
(A) a covered nation (as defined in section 4872(d) of
title 10, United States Code); and
(B) any other country determined by the Secretary of
Defense to be a strategic competitor or adversary of the
United States for the purposes of this section.
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(b) Potash and Phosphate in Fertilizer Production.--Not
later than 30 days after the date of enactment of this Act,
the Secretary of the Interior shall designate potash and
phosphate individually as critical minerals if the Secretary
of the Interior determines that fertilizer produced with
potash and phosphate in covered countries accounts for
collectively 20 percent or more of the global production of
fertilizer produced using potash and phosphate.
______
SA 2447. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. ADDITIONAL MODIFICATION OF AUTHORITY TO BUILD
CAPACITY OF FOREIGN SECURITY FORCES.
Section 333(a) of title 10, United States Code, as amended
by section 1202, is further amended by adding at the end the
following new paragraph:
``(13) Counter-illegal, unreported, and unregulated fishing
operations.''.
______
SA 2448. Mr. RUBIO (for himself, Mr. Cornyn, and Mr. Scott of
Florida) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AGREEMENTS WITH PRIVATE AND COMMERCIAL ENTITIES
AND STATE GOVERNMENTS TO PROVIDE CERTAIN
SUPPLIES, SUPPORT, AND SERVICES.
Section 20113 of title 51, United States Code, is amended
by adding at the end the following:
``(o) Agreements With Commercial Entities and State
Governments.--The Administration--
``(1) may enter into an agreement with a private or
commercial entity or a State government to provide the entity
or State government with supplies, support, and services
related to private, commercial, or State government space
activities carried on at a property owned or operated by the
Administration; and
``(2) on request by such an entity or State government, may
include such supplies, support, and services in the
requirements of the Administration if--
``(A) the Administrator determines that the inclusion of
such supplies, support, or services in such requirements--
``(i) is in the best interest of the Federal Government;
``(ii) does not interfere with the requirements of the
Administration; and
``(iii) does not compete with the commercial space
activities of other such entities or State governments; and
``(B) the Administration has full reimbursable funding from
the entity or State government that requested such supplies,
support, and services before making any obligation for the
delivery of the supplies, support, or services under an
Administration procurement contract or any other
agreement.''.
______
SA 2449. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 829. PROHIBITION ON CONTRACTING WITH COMPANIES WITH
LOBBYING TIES TO CHINESE MILITARY COMPANIES AND
HUMAN RIGHTS ABUSERS.
(a) In General.--Chapter 363 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4663. Prohibition on contracting with companies with
lobbying ties to Chinese military companies and human
rights abusers
``(a) Prohibition.--The Secretary of Defense may not enter
into a contract for the procurement of goods or services
greater than $5,000,000, including all options, with any
person unless that person certifies to the Secretary of
Defense that--
``(1) the person, including its subsidiaries or parent
company, if applicable, does not employ or retain, and will
not employ or retain for the duration of the contract, any
lobbyist or lobbying firm that is registered to conduct
lobbying activities on behalf of a client that is listed on--
``(A) the Department of Defense's Chinese Military Company
List;
``(B) the Department of the Treasury's Non-SDN Chinese
Military Industrial Complex Companies List;
``(C) the Department of Commerce's Denied Persons List,
Entity List, or Military End User List, if the client in
question is--
``(i) an agency or instrumentality of the People's Republic
of China;
``(ii) an entity headquartered in the People's Republic of
China; or
``(iii) directly or indirectly owned or controlled by an
agency, instrumentality, or entity described in clause (i) or
(ii); or
``(D) the Department of Homeland Security's Uyghur Forced
Labor Prevention Act Entity List; and
``(2) the person will adopt reasonable procedures to detect
and report if any lobbyist or lobbying firm it has employed
or retained registers to conduct lobbying activities on
behalf of a client described in paragraph (1) during the
performance of a contract.
``(b) Recurring Certifications.--A person awarded a
contract for the procurement of goods or services described
in subsection (a) shall--
``(1) recertify compliance with such subsection to the
Secretary of Defense every 180 days until the date that the
contract is fulfilled; and
``(2) require any subcontractor receiving a subcontract in
an amount greater than the simplified acquisition threshold
to certify that it does not employ or retain, and will not
employ or retain for the duration of the subcontract, any
lobbyist or lobbying firm that is registered to conduct
lobbying activities on behalf of a client described in
subsection (a)(1).
``(c) Violations.--Each contract described under subsection
(a) shall--
``(1) include a mechanism for the contractor or third
parties to report violations of a requirement under
subsection (a);
``(2) provide that the Department of Defense may audit or
otherwise inspect the records of the contractor to determine
if the contractor has violated a requirement under subsection
(a); and
``(3) provide that, if the head of an agency determines
that a contractor has violated a requirement under subsection
(a), the Department of Defense may--
``(A) withhold or claw back funds from the contractor until
such time as the contractor ceases to employ or retain the
lobbyist; and
``(B) rescind the contract if the contractor fails to come
into compliance with a requirement under subsection (a) in a
timely manner.
``(d) Waiver.--(1) The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis if
the Secretary--
``(A) determines that--
``(i) exercising such waiver is necessary to the national
security interests of the United States;
``(ii) the person seeking to enter into a contract for the
procurement of goods or services has provided a compelling
justification as to why compliance with subsection (a) would
impose undue delays or financial costs; and
``(iii) there are insufficient alternatives in place to
fulfil the needs of the contract in a timely manner; and
``(B) submits to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the determination and the reasons
for the determination.
``(2) The report required under paragraph (1)(B) shall be
submitted in unclassified form, but may include a classified
annex.
``(e) Lobbyist, Lobbying Firm, and Lobbying Activities
Defined.--In this section,
[[Page S4767]]
the terms `lobbyist', `lobbying firm', and `lobbying
activities' have the meanings given the terms in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 363 of title 10, United States Code, is
amended by inserting after the item relating to section 4662
the following new item:
``4663. Prohibition on contracting with companies with lobbying ties to
Chinese military companies and human rights abusers.''.
(c) Effective Date.--The amendments made by this section
shall take effect 30 days after the date of the enactment of
this Act.
______
SA 2450. Mr. RUBIO (for himself, Ms. Klobuchar, and Mrs. Blackburn)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PARITY FOR CHILD EXPLOITATION OFFENDERS.
Title 18 of the United States Code is amended--
(1) in section 2241(c), in the second sentence, by
inserting ``or an offense under the Uniform Code of Military
Justice'' after ``State offense'';
(2) in section 2251(e), by striking ``section 920 of title
10 (article 120 of the Uniform Code of Military Justice), or
under'' each place it appears and inserting ``the Uniform
Code of Military Justice or'';
(3) in section 2252(b)--
(A) in paragraph (1), by striking ``section 920 of title 10
(article 120 of the Uniform Code of Military Justice), or
under'' and inserting ``the Uniform Code of Military Justice
or''; and
(B) in paragraph (2), by striking ``section 920 of title 10
(article 120 of the Uniform Code of Military Justice), or
under'' and inserting ``the Uniform Code of Military Justice
or'';
(4) in section 2252A(b)--
(A) in paragraph (1), by striking ``section 920 of title 10
(article 120 of the Uniform Code of Military Justice), or
under'' and inserting ``the Uniform Code of Military Justice
or''; and
(B) in paragraph (2), by striking ``section 920 of title 10
(article 120 of the Uniform Code of Military Justice), or
under'' and inserting ``the Uniform Code of Military Justice
or'';
(5) in section 2426(b)(1)(B), by inserting ``or the Uniform
Code of Military Justice'' after ``State law''; and
(6) in section 3559(e)(2)--
(A) in subparagraph (B)--
(i) by striking ``State sex offense'' and inserting ``State
or Military sex offense''; and
(ii) by inserting ``or the Uniform Code of Military
Justice'' after ``State law''; and
(B) in subparagraph (C), by inserting `` or Military''
after ``State''.
______
SA 2451. Mr. GRASSLEY (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title X, insert the following:
SEC. 1014. PRECURSOR CHEMICAL DESTRUCTION INITIATIVE.
(a) Short Titles.--This section may be cited as the
``Destruction Initiative for Stored Precursors Overseas and
Safe Enforcement Act'' or the ``DISPOSE Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Beneficiary countries.--
(A) In general.--Except as provided in subparagraph (B),
the term ``beneficiary countries'' means Colombia, Mexico,
and Peru.
(B) Updates.--The Secretary of State, in consultation with
the Attorney General and the Secretary of Defense, may add or
remove 1 or more countries from the list of beneficiary
countries under subparagraph (A) after providing written
notification of such changes to the appropriate congressional
committees.
(3) Listed chemical.--The term ``listed chemical'' has the
meaning given such term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(c) Authorization.--
(1) Establishment.--The Secretary of State, in coordination
with the Secretary of Defense and the Attorney General, may
carry out the ``Precursor Chemical Destruction Initiative''
in beneficiary countries to achieve the purposes described in
paragraph (2).
(2) Purposes.--The purposes described in this paragraph
are--
(A) improving and increasing rates of seizure and
destruction of listed chemicals in beneficiary countries;
(B) alleviating the backlog of seized listed chemicals and
disposing the hazardous waste generated by illicit drug
trafficking in beneficiary countries in an environmentally
safe and effective manner;
(C) ensuring that seized listed chemicals are not
reintroduced into the illicit drug production stream within
beneficiary countries;
(D) freeing up storage space for future listed chemical
seizures within beneficiary countries; or
(E) reducing the negative environmental impact of listed
chemicals.
(d) Implementation Plan; Progress Updates.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Attorney General and the Secretary of
Defense, shall submit an implementation plan to the
appropriate congressional committees that includes a timeline
and stated objectives for actions to be taken in beneficiary
countries in support of the Precursor Chemical Destruction
Initiative.
(2) Elements.--The implementation plan required under
paragraph (1) shall include--
(A) a multi-year strategy with a timeline, overview of
objectives, budgetary projections, and anticipated outcomes
for the region and for each beneficiary country;
(B) specific, measurable benchmarks to track the progress
of the Precursor Chemical Destruction Initiative towards
accomplishing the outcomes referred to in subparagraph (A);
(C) a plan for the delineation of the roles to be carried
out by the Department of State, the Department of Justice,
the Department of Defense, and any other Federal department
or agency in carrying out the Precursor Chemical Destruction
Initiative; and
(D) a plan for addressing security and government
corruption and providing updates to the appropriate
congressional committees on the results of such efforts.
(3) Annual progress update.--Not later than 1 year after
the submission of the implementation plan pursuant to
paragraph (1), and annually thereafter, the Secretary of
State, in coordination with the Attorney General and the
Secretary of Defense, shall submit to the appropriate
congressional committees a written description of the results
achieved by the Precursor Chemical Destruction Initiative,
including--
(A) the implementation of the strategy and plans described
in paragraph (1);
(B) compliance with, and progress related to, meeting the
benchmarks referred to in paragraph (2)(B); and
(C) the type and quantity of listed chemicals destroyed by
each beneficiary country.
(e) Funding.--The Secretary of State shall use amounts
otherwise appropriated for International Narcotics Control
and Law Enforcement programs managed by the Department of
State to carry out this section.
______
SA 2452. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:-
DIVISION F--STATE TRADE EXPANSION PROGRAM
SEC. 6001. SHORT TITLE.
This division may be cited as the ``State Trade Expansion
Program Modernization Act of 2024''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) The State Trade Expansion Program established under
section 22(l) of the Small Business Act (15 U.S.C. 649(l))
(in this section referred to as ``STEP'') was created by
Congress in 2010 to grow the number of small business
concerns (as defined under section 3 of such Act (15 U.S.C.
632) and in this section referred to as a ``small business
concern'') that export, increase the value of goods exported
by the small business sector, and help businesses identify
new markets.
(2) Helping small firms in the United States begin to
export or build upon their existing export capacity generates
investment in local economies and spurs employment.
(3) Despite 95 percent of global consumers living outside
of the United States, less than 4 percent of small business
concerns in the United States export their products or
services.
(4) Many small business concerns in the United States that
could grow by exporting lack the dedicated staff, required
technical skills, and necessary budgetary resources for
international expansion.
(5) STEP provides vital assistance to small business
concerns, particularly to those that have never had the
opportunity to sell their products or services abroad.
[[Page S4768]]
(6) According to data of the Bureau of the Census, there
were approximately 5,900,000 employer firms in the United
States as of 2021, of which more than 1,200,000, or
approximately 22 percent, were women-owned. However,
according to the data, of the 128,460 exporting small firms,
only 21,626, or 17 percent, were women-owned firms, meaning
that, of small firms, 5 times as many male-owned firms export
as women-owned firms. The data show that the overall
disparity in business ownership between men and women is even
greater among exporting businesses.
(7) According to research conducted by the Small Business
Administration, smaller firms tend to produce fewer outputs
and are less likely to export than larger firms. Data of the
Bureau of the Census show that women-owned firms employ 33
percent fewer workers on average than male-owned firms and
are less likely to enjoy the benefits of international trade.
(8) Exporting is a highly effective way for businesses to
expand their markets and increase their productivity. As
States expand export-enhancing activities through STEP,
additional small firms will benefit from the higher demand
for their goods and services and increased profits associated
with international trade.
(9) During the first 10 years of operation, STEP enabled
more than 12,000 small business concerns to explore export
opportunities, helping them reach markets in 141 countries.
(10) Congress recognizes that STEP can be improved to
reduce the administrative burden for grantees, streamline
reporting and compliance requirements, give grantees more
flexibility, make grant awards more transparent and
consistent, and set more predictable application deadlines.
(11) Congress also recognizes that making awards under STEP
more consistent and transparent will simplify the program and
incentivize more States to participate so that small business
concerns are supported in all States.
SEC. 6003. STREAMLINING APPLICATION, REPORTING, AND
COMPLIANCE REQUIREMENTS.
(a) Requirement for Funding Information To Be Kept
Current.--Section 22(l)(3) of the Small Business Act (15
U.S.C. 649(l)(3)) is amended by adding at the end the
following:
``(E) Requirement for funding information to be kept
current.--The Associate Administrator shall--
``(i) maintain on the website of the Administration a
publicly accessible list of links to documents containing the
most up-to-date information about program requirements and
application procedures, including the latest notice of
funding opportunity, all active Director's Memos, and any
determination made related to eligible expenditures or the
classification of expenditures as direct or indirect; and
``(ii) update the list described in clause (i) before any
new clarification, instruction, directive, requirement,
determination, or classification relating to the program
takes effect.''.
(b) Timing of Funding Information Release.--Section
22(l)(3)(D) of the Small Business Act (15 U.S.C.
649(l)(3)(D)) is amended by adding at the end the following:
``(iii) Timing.--The Associate Administrator shall--
``(I) publish information on how to apply for a grant under
this subsection, including specific calculations and other
determinations used to award such a grant, not later than
March 31 of each year;
``(II) establish a deadline for the submission of
applications that is--
``(aa) not earlier than 60 days after the date on which the
information is published under subclause (I); and
``(bb) not later than--
``(AA) May 31 of each year; or
``(BB) in the event that full-year appropriations for the
program for a fiscal year have not been enacted as of
February 1 of such fiscal year, 120 days after full-year
appropriations are enacted; and
``(III) announce grant recipients not later than--
``(aa) September 30 of each year; or
``(bb) in the event that full-year appropriations for the
program for a fiscal year have not been enacted as of
February 1 of such fiscal year, 210 days after full-year
appropriations are enacted.''.
(c) Application Streamlining.--Section 22(l)(3)(D) of the
Small Business Act (15 U.S.C. 649(l)(3)(D)), as amended by
subsection (b) of this section, is amended by adding at the
end the following:
``(iv) Application streamlining.--
``(I) In general.--The Associate Administrator shall
establish a concise application for grants under the program
that shall encompass all necessary information, including--
``(aa) the proposal of the State, territory, or
commonwealth to manage the program;
``(bb) an overview of the trade office and staff of the
State, territory, or commonwealth;
``(cc) a description of the key mission and objective, key
activities planned, and estimated key performance indicators;
``(dd) a detailed budget, which, for a State, shall include
a description of the cash, indirect costs, and in-kind
contributions the State has committed to provide for the non-
Federal share of the cost of the trade expansion program of
the State to be carried out using a grant under the program;
and
``(ee) for a State, whether the State is requesting to
receive additional funds allocated under paragraph (5)(F), if
applicable.
``(II) Scope.--The application established under subclause
(I) shall--
``(aa) include all the information required for the
technical proposal;
``(bb) eliminate any unnecessary or duplicative materials,
except to the extent the duplication is due to the use of
standard forms or documents that are not specific to the
Administration and are used by other Federal grant programs;
and
``(cc) to the extent feasible, use forms common to other
Federal trade and export programs.''.
(d) Ability to Review Applications After Award.--Section
22(l)(3) of the Small Business Act (15 U.S.C. 649(l)(3)), as
amended by subsection (a) of this section, is amended by
adding at the end the following:
``(F) Application information.--The Associate Administrator
shall clearly communicate to applicants and grant recipients
information about award decisions under this subsection,
including--
``(i) for each unsuccessful applicant for a grant awarded
under this subsection, providing recommendations to improve a
subsequent application for such a grant;
``(ii) for each successful applicant for such a grant,
providing an explanation for the amount awarded, if different
from the amount requested in the application; and
``(iii) upon request, offering to have the program manager
who reviewed the application discuss with the applicant how
to improve a subsequent application for such a grant.''.
(e) Budget Plan Submission and Revisions.--Section 22(l)(3)
of the Small Business Act (15 U.S.C. 649(l)(3)), as amended
by subsection (d) of this section, is amended--
(1) in subparagraph (D)(i), by inserting ``, including a
budget plan for use of funds awarded under this subsection''
before the period at the end; and
(2) by adding at the end the following:
``(G) Budget plan revisions.--
``(i) In general.--A State, territory, or commonwealth
receiving a grant under this subsection may revise the budget
plan of the State, territory, or commonwealth submitted under
subparagraph (D) after the disbursal of grant funds if--
``(I) the revision complies with allowable uses of grant
funds under this subsection; and
``(II) such State, territory, or commonwealth submits
notification of the revision to the Associate Administrator.
``(ii) Exception.--If a revision under clause (i)
reallocates 10 percent or more of the amounts described in
the budget plan of the State, territory, or commonwealth
submitted under subparagraph (D), the State, territory, or
commonwealth may not implement the revised budget plan
without the approval of the Associate Administrator, unless
the Associate Administrator fails to approve or deny the
revised plan within 20 days after receipt of such revised
plan.''.
(f) Reporting by Recipients; Processing of
Reimbursements.--Section 22(l)(7) of the Small Business Act
(15 U.S.C. 649(l)(7)) is amended by adding at the end the
following:
``(C) Reporting by recipients; processing of
reimbursements.--
``(i) In general.--The Associate Administrator shall
establish for recipients of grants under the program a
streamlined reporting process, template, or spreadsheet
format to report information regarding the program and key
performance indicators required by an Act of Congress that--
``(I) a State, territory, or commonwealth may use to upload
required compliance reports relating to the grants;
``(II) minimizes the manual entry of specific data
regarding eligible small business concerns, including
performance data;
``(III) eliminates any duplicative or unnecessary reporting
requirements that are not required for the Associate
Administrator to--
``(aa) report the information specified in subparagraph
(B);
``(bb) make allocations under paragraph (5)(B); or
``(cc) conduct necessary oversight of the program;
``(IV) to the extent feasible, accommodates the use and
uploading of spreadsheets or templates generated from
customer relationship management or spreadsheet software; and
``(V) may not require a State, territory, or commonwealth
to submit information more frequently than twice per year.
``(ii) Processing of reimbursement requests.--The Associate
Administrator shall--
``(I) process information submitted by a State, territory,
or commonwealth for purposes of obtaining reimbursement for
eligible activities in a timely manner, without regard to
whether the information is submitted semiannually, as
described in clause (i)(V), or quarterly, if the State,
territory, or commonwealth elects to submit information
quarterly;
``(II) notify a State, territory, or commonwealth if such
information is not processed on or before the date that is 21
days after the date such information is submitted; and
``(III) provide an estimated completion timeline with any
notification under subclause (II).
``(iii) Rule of construction.--Nothing in clause (i) shall
be construed to prohibit a
[[Page S4769]]
State, territory, or commonwealth from submitting information
for purposes of obtaining reimbursement for eligible
activities on a quarterly basis, at the election of the
State, territory, or commonwealth, respectively.''.
(g) Requirements Related to State Employees.--Section
22(l)(3) of the Small Business Act (15 U.S.C. 649(l)(3)), as
amended by subsection (e) of this section, is amended by
adding at the end the following:
``(H) Limitation on collection of state official and
employee information.--
``(i) In general.--Subject to clause (ii), the Associate
Administrator--
``(I) may only require that a State, territory, or
commonwealth include with an application for a grant under
the program detailed information, such as a position
description and resume, for the State, territory, or
commonwealth official or employee that would manage the
grant;
``(II) may only require that a State, territory, or
commonwealth receiving a grant under the program report the
salary of a State, territory, or commonwealth official or
employee to the extent that the State, territory, or
commonwealth--
``(aa) includes such salary as part of the non-Federal
share of the cost of the trade expansion program; or
``(bb) uses amounts received under the grant for the cost
of such salary, in whole or in part; and
``(III) with respect to a State, territory, or commonwealth
official or employee who is not directly managing a grant
under the program, may only require the State, territory, or
commonwealth to report the name, position, and contact
information of the official or employee.
``(ii) Exceptions.--The Associate Administrator may require
a State, territory, or commonwealth to provide information
about a State, territory, or commonwealth official or
employee that is relevant to any investigation into suspected
mismanagement, fraud, or malfeasance or that is necessary to
comply with Federal grant requirements.''.
(h) Limitation on Compliance Audits.--Section 22(l) of the
Small Business Act (15 U.S.C. 649(l)) is amended--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (10), (11), and (12), respectively;
(2) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(3) by inserting after paragraph (7), as so redesignated,
the following:
``(8) Compliance audits.--
``(A) In general.--Except as provided in subparagraph (B),
the Associate Administrator may not conduct an audit of a
State, territory, or commonwealth to evaluate compliance with
this subsection more than once every 3 years.
``(B) Exceptions.--The Associate Administrator may conduct
an audit of a State, territory, or commonwealth to evaluate
compliance with this subsection more than once every 3 years
if--
``(i) the amount allocated to the State, territory, or
commonwealth under a grant under this subsection for a fiscal
year is an increase of not less than 15 percent from the
allocation for the State, territory, or commonwealth for the
prior fiscal year;
``(ii) the Associate Administrator believes that amounts
received by the State, territory, or commonwealth under a
grant under this subsection are being used for ineligible
activities or as part of fraudulent activity; or
``(iii) the most recent audit report shows evidence of
material noncompliance with program requirements, in which
case the Associate Administrator may conduct an audit
annually until compliance is reestablished.''.
SEC. 6004. FUNDING TRANSPARENCY AND PREDICTABILITY.
(a) Cap on Reductions in Grants.--Section 22(l) of the
Small Business Act (15 U.S.C. 649(l)) is amended by striking
paragraph (4) and inserting the following:
``(4) Limitations.--
``(A) Definitions.--In this paragraph--
``(i) the term `current fiscal year' means the fiscal year
for which the Administrator is determining the amount of a
grant to be awarded to a State, territory, or commonwealth
under the program; and
``(ii) the term `prior fiscal year' means the most recent
fiscal year before the current fiscal year for which a State,
territory, or commonwealth received a grant under the
program.
``(B) General limitation on reductions in grants.--Subject
to subparagraphs (C) and (D), the Administrator may not award
a grant to a State, territory, or commonwealth under the
program for the current fiscal year in an amount that is less
than 80 percent of the amount received by the State,
territory, or commonwealth under a grant under the program
for the prior fiscal year.
``(C) Potential additional adjustments.--
``(i) Exception for reduction in appropriations.--Subject
to subparagraph (D), if the total amount appropriated for the
program for the current fiscal year is less than the amount
appropriated for the program for the prior fiscal year, for
purposes of applying subparagraph (B), the Administrator
shall substitute for `the amount received by the State,
territory, or commonwealth under a grant under the program
for the prior fiscal year' the product obtained by
multiplying--
``(I) subject to clause (ii) of this subparagraph, the
amount received by the State, territory, or commonwealth
under a grant under the program for the prior fiscal year; by
``(II) the ratio of the appropriation for the current
fiscal year to the appropriation for the prior fiscal year.
``(ii) Exception for grantees that use less than 80 percent
of the amount of a grant.--Subject to subparagraph (D), if a
State, territory, or commonwealth expends less than 80
percent of the amount of a grant under the program for the
prior fiscal year before the end of the period of the grant
for the prior fiscal year established under paragraph
(3)(C)(iii)(I), for purposes of applying subparagraph (B) of
this paragraph, if appropriations are not reduced, or
applying clause (i) of this subparagraph, if appropriations
are reduced, the Administrator shall substitute for `the
amount received by the State, territory, or commonwealth
under a grant under the program for the prior fiscal year'
the difference obtained by subtracting--
``(I) the amount equal to 50 percent of the amount
remaining available under the grant under the program to the
State, territory, or commonwealth for the prior fiscal year,
as of the last day of such period; from
``(II) the amount of the grant under the program to the
State, territory, or commonwealth for the prior fiscal year.
``(iii) Exception for increase in grantees resulting in
insufficient funding.--If the number of States, territories,
or commonwealths participating in the program has increased
from the prior fiscal year to such an extent that funding is
not sufficient to provide each grantee the minimum amount
required under this paragraph (including any reductions under
clause (i) or (ii) of this subparagraph, if applicable) the
Administrator may make pro rata reductions to the minimum
grant amount otherwise required under this paragraph on a
one-time basis to ensure that all qualified applicants may
receive grants.
``(D) Violations.--The amount of a grant to a State,
territory, or commonwealth may be less than the minimum
amount determined under subparagraph (B) (including any
substitution of amounts under clauses (i) and (ii) of
subparagraph (C), as applicable), if the State, territory, or
commonwealth has been found to have committed a significant
violation of the rules or policies of the program.''.
(b) Permitting Carryover of Unused Grant Funds.--Section
22(l)(3)(C) of the Small Business Act (15 U.S.C.
649(l)(3)(C)) is amended--
(1) in clause (ii), by striking ``40 percent'' and
inserting ``30 percent''; and
(2) in clause (iii)--
(A) by striking ``The Associate Administrator'' and
inserting the following:
``(I) In general.--The Associate Administrator''; and
(B) by adding at the end the following:
``(II) Grantees that use less than the full amount of a
grant.--
``(aa) In general.--Subject to item (bb), for a State,
territory, or commonwealth that does not expend the entire
amount of a grant under the program before the end of the
period of the grant established under subclause (I), the
State, territory, or commonwealth may expend amounts
remaining available under the grant as of the last day of
such period during the first fiscal year after such period,
in an amount not to exceed 20 percent of the amount
originally made available under such grant.
``(bb) Forfeited grants.--Item (aa) shall not apply to a
grant under the program to a State, territory, or
commonwealth that was forfeited due to a significant program
violation by the State, territory, or commonwealth.
``(cc) Return of grant funds.--A State, territory, or
commonwealth shall return to the Treasury--
``(AA) any amounts remaining available under a grant under
the program at the end of the period of the grant established
under subclause (I) that are not available for expenditure
under item (aa) of this subclause; and
``(BB) any amounts that are available for expenditure under
item (aa) and are not expended on or before the date that is
1 year after the last day of the original period of the grant
established under subclause (I).''.
(c) Funding Formula.--Section 22(l) of the Small Business
Act (15 U.S.C. 649(l)) is amended by inserting after
paragraph (4), as amended by subsection (a) of this section,
the following:
``(5) Funding formula.--
``(A) Minimum allocation.--Subject to paragraph (4), and
except as provided otherwise in this paragraph, the minimum
amount of a grant under the program for a fiscal year--
``(i) for a territory or commonwealth, shall be the amount
equal to 0.5 percent of the total amount appropriated for the
program for the fiscal year; and
``(ii) for a State, shall be the amount equal to 0.75
percent of the total amount appropriated for the program for
the fiscal year.
``(B) Additional funds.--
``(i) In general.--Subject to clause (ii), amounts
remaining for grants under the program for a fiscal year
after the minimum allocation under subparagraph (A) shall be
allocated among States receiving a grant under the program in
accordance with the following metrics:
``(I) 20 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the dollar value of export sales
reported by a State that were initiated as a result of
program activities undertaken by
[[Page S4770]]
eligible small business concerns that are located in the
State to the amount of the grant received by the State.
``(II) 20 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the total number of activities
described in paragraph (2) undertaken by eligible small
business concerns participating in the program that are
located in the State to the amount of the grant received by
the State.
``(III) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the number of eligible small business
concerns participating in the program for the first time that
are located in the State to the amount of the grant received
by the State.
``(IV) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the number of eligible small business
concerns participating in the program that are located in the
State and that engaged in trade outside the United States for
the first time to the amount of the grant received by the
State.
``(V) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle for which complete reporting
data is available, of the total number of new markets reached
by eligible small business concerns participating in the
program that are located in the State to the amount of the
grant received by the State.
``(VI) 15 percent of amounts remaining shall be
proportionally allocated based on the ratio, for the most
recently completed grant cycle, of the total number of
eligible small business concerns participating in the program
that are located in the State to the number of eligible small
business concerns participating in the program that are
located in the State and that meet 1 or more of the following
criteria:
``(aa) Located in a low-income or moderate-income area.
``(bb) Located in a rural area.
``(cc) Located in an HUBZone, as that term is defined in
section 31(b).
``(dd) Located in a community that has been designated as
an empowerment zone or enterprise community under section
1391 of the Internal Revenue Code of 1986.
``(ee) Located in a community that has been designated as a
promise zone by the Secretary of Housing and Urban
Development.
``(ff) Located in a community that has been designated as a
qualified opportunity zone under section 1400Z-1 of the
Internal Revenue Code of 1986.
``(gg) Being owned by women.
``(ii) Limitation.--In allocating funds under each of
subclauses (I) through (VI) of clause (i), the amount of
funds allocated under such subclause to the State with the
highest ratio for a metric may not be more than 10 times the
amount of funds allocated under such subclause to the State
with the lowest ratio that is greater than zero for that
metric.
``(C) Limit on reduction below grant before enactment.--In
addition to the limitations under paragraph (4), and except
to the extent a State elects to return funds under
subparagraph (E), the amount of a grant to the State under
the program for any fiscal year may not be less than the
amount of the grant to the State under the program for the
most recent full fiscal year before the date of enactment of
the State Trade Expansion Program Modernization Act of 2024
for which the State received such a grant.
``(D) Matching requirement for formula funds.--The
Associate Administrator shall provide to each State receiving
a grant under the program an award in the amount calculated
in accordance with the funding formula under subparagraphs
(A), (B), and (C) if the State has committed to provide the
necessary cash, indirect costs, and in-kind contributions for
the non-Federal share of the cost of the trade expansion
program of the State, as required under paragraph (6).
``(E) Return of grants.--Not later than 15 days after the
date on which the Associate Administrator notifies a State of
the amount to be awarded to the State under a grant under the
program for a fiscal year, the State may decline or return to
the Associate Administrator, in whole or in part, such
amounts.
``(F) Distribution of returned and remaining amounts.--
``(i) Remaining amounts.--In this subparagraph, the term
`remaining amounts' means--
``(I) amounts declined or returned under subparagraph (E)
for a fiscal year; or
``(II) amounts remaining for grants under the program for a
fiscal year after allocating funds in accordance with
subparagraphs (A), (B), and (C) due to reductions in the
amount of grants because of the amount committed by States
for the non-Federal share of the cost of the trade expansion
program of the States.
``(ii) Distribution.--The Associate Administrator shall
distribute any remaining amounts for a fiscal year among the
States receiving a grant under the program that requested to
receive such remaining amounts, in an amount that is
proportional to the allocations under subparagraphs (A), (B),
and (C).
``(G) Limitation on basis for reducing amounts.--The
Associate Administrator may not reduce the amount determined
to be allocated or distributed to a State under any
subparagraph of this paragraph based on the proposed use of
such amount by the State, except to the extent that such use
is not an eligible use of funds for a grant under the
program.
``(H) Rounding.--The total amount of a grant to a State,
territory, or commonwealth under the program, as determined
under this paragraph, shall be rounded to the nearest
increment of $1,000.
``(I) Application.--
``(i) In general.--The Associate Administrator shall award
grants under this subsection based on the formula described
in this paragraph, and without regard to paragraph (3)(B)--
``(I) for the second consecutive fiscal year for which the
amount made available for the program is not less than
$30,000,000; and
``(II) for each fiscal year after the fiscal year described
in subclause (I) for which the amount made available for the
program is not less than $30,000,000.
``(ii) Award when not based on formula.--For any fiscal
year for which grants are not awarded based on the formula
described in this paragraph, the Associate Administrator
shall award grants under this subsection on a competitive
basis, taking into account the considerations described in
paragraph (3)(B).
``(J) Transition plan.--
``(i) Initial plan.--
``(I) In general.--If the amount made available for the
program for a fiscal year is not less than $30,000,000, the
Associate Administrator shall develop a transition plan
describing how the Administration intends to begin awarding
grants based on the formula described in this paragraph, to
ensure the Administration is prepared to award grants based
on the formula described in this paragraph if the amount made
available for the program for the next fiscal year is not
less than $30,000,000.
``(II) One-time requirement.--Subclause (I) shall not apply
on and after the first day of the first fiscal year for which
the Associate Administrator awards grants based on the
formula described in this paragraph.
``(III) Requirement to use formula.--The Associate
Administrator shall award grants based on the formula
described in this paragraph in accordance with the
requirements under subparagraph (I), without regard to
whether the Associate Administrator develops the transition
plan required under subclause (I) of this clause.
``(ii) Updates.--If, for any fiscal year after the first
fiscal year for which the Associate Administrator awards
grants based on the formula described in this paragraph, the
amount made available for the program for the fiscal year is
less than $30,000,000, the Associate Administrator shall
update the plan to award grants based on the formula
described in this paragraph, to ensure the Administration is
prepared to award grants based on the formula described in
this paragraph if the amount made available for the program
for the next fiscal year is not less than $30,000,000.
``(K) Reporting.--Not later than 180 days after the end of
each fiscal year for which the amount of grants under this
subsection is determined under the formula described in this
paragraph, the Associate Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report that provides the information used
by the Associate Administrator to determine the amounts of
grants under the formula, which shall include for the
applicable fiscal year--
``(i) the number of States that applied for a grant under
the program;
``(ii) the number of States that received a grant under the
program;
``(iii) the raw data for each factor used to calculate
award amounts in accordance with subparagraph (B), broken out
by State;
``(iv) the utilization rates of each grantee, broken out by
grantee;
``(v) the amount carried over by a grantee under paragraph
(3)(C)(iii)(II)(aa), broken out by grantee;
``(vi) the amount returned to Treasury due to a failure to
use the amounts under paragraph (3)(C)(iii)(II)(cc), broken
out by grantee; and
``(vii) the amount returned to the Associate Administrator
during the period described in subparagraph (E).''.
SEC. 6005. EXPANSION OF DEFINITION OF ELIGIBLE SMALL BUSINESS
CONCERN; CHANGE TO SET ASIDE; CONFORMING
CHANGES.
(a) Expansion of Definition of Eligible Small Business
Concern.--
(1) In general.--Section 22(l)(1)(A) of the Small Business
Act (15 U.S.C. 649(l)(1)(A)) is amended--
(A) in clause (iii)(II), by adding ``and'' at the end;
(B) by striking clause (iv); and
(C) by redesignating clause (v) as clause (iv).
(2) Limitation on use of funds for participation in foreign
trade missions.--Section 22(l)(2)(A) of the Small Business
Act (15 U.S.C. 649(l)(2)(A)) is amended by inserting ``by
eligible small business concerns that have been in operation
for not less than 1 year'' after ``trade missions''.
(b) Change to Definitions and Federal Share Requirements.--
Section 22(l) of the Small Business Act (15 U.S.C. 649(l)) is
amended--
[[Page S4771]]
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) through (E) as
subparagraphs (B) through (F), respectively;
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) the term `commonwealth' means the Commonwealth of
Puerto Rico and the Commonwealth of the Northern Mariana
Islands;'';
(C) in subparagraph (E), as so redesignated, by striking
``and'' at the end;
(D) in subparagraph (F), as so redesignated, by striking
``States, the District'' and all that follows and inserting
``States and the District of Columbia; and''; and
(E) by adding at the end the following:
``(G) the term `territory' means the United States Virgin
Islands, Guam, and American Samoa.'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, territories, and commonwealths'' after
``States'';
(3) in paragraph (3)--
(A) by inserting ``, territory, or commonwealth'' after
``State'' each place it appears, except in--
(i) subclause (II) of subparagraph (C)(iii), as added by
section 6004(b) of this division;
(ii) clause (iv) of subparagraph (D), as added by section
6003(c) of this division;
(iii) subparagraph (G), as added by section 6003(e) of this
division; and
(iv) subparagraph (H), as added by section 6003(g) of this
division; and
(B) by inserting ``, territories, or commonwealths'' after
``States'' each place it appears;
(4) in paragraph (6), as so redesignated by section 6003(h)
of this division--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) for a territory or commonwealth, 100 percent.''; and
(5) in paragraph (10), as so redesignated by section
6003(h) of this division--
(A) by inserting ``, territory, or commonwealth'' after
``State'' each place it appears, except in subparagraph (C),
as added by section 6003(f) of this division; and
(B) by inserting ``, territories, or commonwealths'' after
``States'' each place it appears.
SEC. 6006. SURVEY AND ANNUAL REPORT.
(a) Survey.--Section 22(l) of the Small Business Act (15
U.S.C. 649(l)) is amended by inserting after paragraph (8),
as added by section 6003(h) of this division, the following:
``(9) Survey.--The Associate Administrator shall conduct an
annual survey of each State, territory, or commonwealth that
received a grant under this subsection during the preceding
year to solicit feedback on the program and develop best
practices for grantees.''.
(b) Report.--Paragraph (10)(B) of section 22(l) of the
Small Business Act (15 U.S.C. 649(l)), as so redesignated by
section 6003(h) of this division, is amended--
(1) in clause (i)--
(A) in subclause (III), by inserting ``, including the
total number of eligible small business concerns assisted by
the program (disaggregated by small business concerns located
in a low-income or moderate-income community, small business
concerns owned and controlled by women, and rural small
business concerns)'' before the semicolon at the end;
(B) in subclause (IV), by striking ``and'' at the end;
(C) in subclause (V)--
(i) by striking ``description of best practices'' and
inserting ``detailed description of best practices''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(VI) an analysis of the performance metrics described in
clause (iii), including a determination of whether or not any
goals relating to such performance metrics were met, and an
analysis of the survey described in paragraph (9); and
``(VII) a description of lessons learned by grant
recipients under this subsection that may apply to other
assistance provided by the Administration.''; and
(2) by adding at the end the following:
``(iii) Performance metrics.--Annually, the Associate
Administrator shall collect data on eligible small business
concerns assisted by the program for the following
performance metrics:
``(I) Total number of such concerns, disaggregated by
eligible small business concerns that meet 1 or more of the
following criteria:
``(aa) Located in a low-income or moderate-income area.
``(bb) Located in a rural area.
``(cc) Located in an HUBZone, as that term is defined in
section 31(b).
``(dd) Located in a community that has been designated as
an empowerment zone or enterprise community under section
1391 of the Internal Revenue Code of 1986.
``(ee) Located in a community that has been designated as a
promise zone by the Secretary of Housing and Urban
Development.
``(ff) Located in a community that has been designated as a
qualified opportunity zone under section 1400Z-1 of the
Internal Revenue Code of 1986.
``(gg) Being owned by women.
``(II) Total dollar amount of export sales by eligible
small business concerns assisted by the program.
``(III) Number of such concerns that have not previously
participated in an activity described in paragraph (2).
``(IV) Number of such concerns that, because of
participation in the program, have become a first-time
exporter.
``(V) Number of such concerns that, because of
participation in the program, have accessed a new market.
``(VI) Number of such concerns that have begun exporting to
each new market.''.
SEC. 6007. AUTHORIZATION OF APPROPRIATIONS.
Paragraph (12) of section 22(l) of the Small Business Act
(15 U.S.C. 649(l)), as so redesignated by section 6003(h) of
this division, is amended by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2025 through
2029''.
SEC. 6008. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this
Act, the Associate Administrator for International Trade of
the Small Business Administration shall submit to Congress a
report on the State Trade Expansion Program established under
section 22(l) of the Small Business Act (15 U.S.C. 649(l)),
as amended by this division, that includes a description of--
(1) the process developed for review of revised budget
plans submitted under subparagraph (G) of section 22(l)(3) of
the Small Business Act (15 U.S.C. 649(l)(3)), as added by
section 6003(e) of this division;
(2) any changes made to streamline the application process
under the State Trade Expansion Program to remove duplicative
requirements and create a more transparent process;
(3) the process developed to share best practices by
States, territories, and commonwealths described in paragraph
(10)(B)(i)(V) of section 22(l) of the Small Business Act (15
U.S.C. 649(l)), as so redesignated by section 6003(h) of this
division, particularly for first-time grant recipients under
the State Trade Expansion Program or grant recipients that
are facing problems using grant funds; and
(4) the process developed to communicate, both verbally and
in writing, relevant information about the State Trade
Expansion Program to all grant recipients in a timely manner.
SEC. 6009. SEVERABILITY.
If any provision of this division, an amendment made by
this division, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this division and the
amendments made by this division, and the application of the
provision or amendment to any other person or circumstance,
shall not be affected.
______
SA 2453. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. INCREASE IN GOVERNMENTWIDE GOALS FOR PROCUREMENT
CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS.
Section 15(g)(1)(A)(i) of the Small Business Act (15 U.S.C.
644(g)(1)(A)(i)) is amended by striking ``23 percent'' and
inserting ``25 percent''.
______
SA 2454. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. SMALL BUSINESS SUBCONTRACTING IMPROVEMENTS.
(a) Short Title.--This section may be cited as the ``Small
Business Subcontractor Utilization Act of 2024''.
(b) Requirements to Ensure Subcontractors Are Utilized in
Accordance With the Subcontracting Plan.--
(1) In general.--Section 8(d) of the Small Business Act (15
U.S.C. 637(d)) is amended--
(A) in paragraph (3)--
(i) by redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively;
(ii) by inserting after subparagraph (B) the following:
``(C) If a subcontracting plan is required with respect to
this contract under paragraph (4) or (5) of section 8(d) of
the Small Business Act--
``(i) at the same time as the contractor submits the
subcontracting report with respect to this contract, the
contractor shall provide to the contracting officer a
utilization report that identifies, for each covered
[[Page S4772]]
small business subcontractor for this contract--
``(I) the service or product that the covered small
business subcontractor is required to provide to the prime
contractor;
``(II) the total contract dollars that are to be paid to
the covered small business subcontractor;
``(III) the total contract dollars that have been paid to
the covered small business subcontractor, to date;
``(IV) the estimated date range for the performance of the
covered small business subcontractor on the contract; and
``(V) any change to the contract, including changes to the
services and products required or total contract dollars,
that impacts the ability of the prime contractor to utilize
the covered small business subcontractor as anticipated
during the bid and proposal process; and
``(ii) not later than 30 days after the deadline to submit
to the contracting officer the subcontracting report with
respect to this contract, the contractor shall provide to
each covered small business subcontractor for this contract a
utilization report that identifies, for that covered small
business subcontractor--
``(I) the service or product that the covered small
business subcontractor is required to provide to the prime
contractor;
``(II) the total contract dollars that are to be paid to
the covered small business subcontractor;
``(III) the total contract dollars that have been paid to
the covered small business subcontractor, to date;
``(IV) the estimated date range for the performance of the
covered small business subcontractor on the contract; and
``(V) any change to the contract, including changes to the
services and products required or total contract dollars,
that impacts the ability of the prime contractor to utilize
the covered small business subcontractor as anticipated
during the bid and proposal process.''; and
(iii) by adding at the end the following:
``(J) In this contract, the term `covered small business
subcontractor' means a first-tier subcontractor that--
``(i) is a small business concern; and
``(ii)(I) was used in preparing the bid or proposal of the
prime contractor; or
``(II) provides goods or services to the prime contractor
in performance of the contract.''; and
(B) by adding at the end the following:
``(18) Noncompliance with subcontracting plan.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered small business subcontractor' means
a first-tier subcontractor that--
``(I) is a small business concern; and
``(II)(aa) was used in preparing the bid or proposal of the
prime contractor; or
``(bb) provides goods or services to the prime contractor
in performance of the contract; and
``(ii) the term `subcontracting plan' means a
subcontracting plan required under paragraph (4) or (5).
``(B) Review.--A covered small business subcontractor is
authorized to confidentially report to the contracting
officer that the covered small business subcontractor is not
being utilized in accordance with the subcontracting plan of
the prime contractor. If reported, the contracting officer
shall, in consultation with the Office of Small and
Disadvantaged Business Utilization or the Office of Small
Business Programs, determine whether the prime contractor
made a good faith effort to utilize the covered small
business subcontractor in accordance with the subcontracting
plan.
``(C) Action.--After the review required under subparagraph
(B), if the contracting officer determines that the prime
contractor failed to make a good faith effort to utilize the
covered small business subcontractor in accordance with the
subcontracting plan, the contracting officer shall assess
liquidated damages in accordance with paragraph (4)(F).''.
(2) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall promulgate regulations pursuant
to this Act.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall, in consultation with relevant
Federal agencies including the General Services
Administration, submit a report to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives on the
improvements that can be made to SAM.gov, the Electronic
Subcontracting Reporting System (eSRS), the Federal Subaward
Reporting System (FSRS), and any other successor database to
improve the ability of contracting officers to evaluate
whether prime contractors achieved their subcontracting goals
and to make evidence-based determinations regarding whether
small subcontractors are being utilized to the extent
outlined in subcontracting plans.
______
SA 2455. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. REMOVING THE REASONABLE EXPECTATION REQUIREMENT
FROM SOLE SOURCE CONTRACTS.
(a) Women-owned Small Business Concerns.--Section 8(m) of
the Small Business Act (15 U.S.C. 637(m)) is amended--
(1) in paragraph (7)(A), by striking ``and the contracting
officer'' and all that follows through ``offers''; and
(2) in paragraph (8)(A), by striking ``and the contracting
officer'' and all that follows through ``offers''.
(b) HUBZone Program.--Section 31(c)(2)(A)(i) of the Small
Business Act (15 U.S.C. 657a(c)(2)(A)(i)) is amended by
striking ``, and the contracting officer'' and all that
follows through ``offers for the contracting opportunity''.
(c) Small Business Concerns Owned and Controlled by
Service-disabled Veterans.--Section 36(c)(1) of the Small
Business Act (15 U.S.C. 657f(c)(1)) is amended by striking
``and the contracting officer'' and all that follows through
``offers for the contracting opportunity''.
(d) Reporting Regarding Sole Source Contracts.--Section
15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended
by adding at the end the following:
``(4)(A) Not later than December 31 of the first year
beginning after the date of enactment of this paragraph, and
every 2 years thereafter, the head of each Federal agency
shall submit to the Administrator and Congress and make
publicly available a report on sole source contracts awarded
during the reporting period to small business concerns owned
and controlled by women, HUBZone small business concerns (as
defined in section 31(b)), and small business concerns owned
and controlled by service-disabled veterans.
``(B) Each report required under subparagraph (A) shall,
for each small business concern described in that
subparagraph that was awarded a sole source contract during
the reporting period--
``(i) include the dollar amount and number of sole source
contracts awarded to the small business concern;
``(ii) specify the North American Industry Classification
System code assigned to the small business concern; and
``(iii) provide the aggregate amount awarded to the small
business concern under a sole source contract awarded on or
after the date of enactment of this paragraph.''.
______
SA 2456. Mrs. SHAHEEN (for herself and Mr. Cardin) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN
SMALL BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business
Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business
Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by inserting ``(or $10,000,000, in the case of a
Department of Defense contract, as adjusted for inflation by
the Federal Acquisition Regulatory Council under section
1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) by inserting ``(or $8,000,000, in the case of a
Department of Defense contract, as adjusted for inflation by
the Federal Acquisition Regulatory Council under section
1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by
Women.--Section 8(m) of the Small Business Act (15 U.S.C.
637(m)) is amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by inserting ``(or $10,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$4,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by inserting ``(or $10,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000, in the
case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$4,000,000''.
(c) Qualified HUBZone Small Business Concerns.--Section
31(c)(2)(A)(ii) of the
[[Page S4773]]
Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended--
(1) in subclause (I), by inserting ``(or $10,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subclause (II), by inserting ``(or $8,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(d) Small Business Concerns Owned and Controlled by
Service-disabled Veterans.--Section 36(c)(2) of the Small
Business Act (15 U.S.C. 657f(c)(2)) is amended--
(1) in subparagraph (A), by inserting ``(or $10,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subparagraph (B), by inserting ``(or $8,000,000, in
the case of a Department of Defense contract, as adjusted for
inflation by the Federal Acquisition Regulatory Council under
section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
______
SA 2457. Mrs. SHAHEEN (for herself, Mr. Rubio, Mr. Van Hollen, and
Mr. Young) submitted an amendment intended to be proposed by her to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. MODIFYING UNCONDITIONAL OWNERSHIP AND CONTROL
REQUIREMENTS FOR CERTAIN EMPLOYEE-OWNED SMALL
BUSINESS CONCERNS.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``budget justification materials'' has the
meaning given that term in section 3(b)(2) of the Federal
Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note);
(3) the term ``eligible worker-owned cooperative'' has the
meaning given that term in section 1042(c) of the Internal
Revenue Code of 1986;
(4) the term ``employee stock ownership plan'' has the
meaning given that term in section 4975(e) of the Internal
Revenue Code of 1986; and
(5) the term ``small business concern owned and controlled
by women'' has the meaning given that term in section 8(m)(1)
of the Small Business Act (15 U.S.C. 637(m)(1)).
(b) Report on Ownership and Control Through an Employee
Stock Ownership Plan or Eligible Worker-Owned Cooperative
Relating to Set-Aside Procurement.--
(1) Sense of congress.--It is the sense of Congress that--
(A) employee stock ownership plans and eligible worker-
owned cooperatives have unique ownership structures that
create barriers to accessing set-aside procurement programs
due to unconditional ownership and control requirements; and
(B) the ownership structures of an employee stock ownership
plan or an eligible worker-owned cooperative should not
prevent an otherwise eligible entity from accessing set-aside
procurement programs.
(2) Study and report.--
(A) Study.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination
with stakeholders, including national certifying agencies
approved by the Administrator for certifying small business
concerns owned and controlled by women and relevant Federal
agencies, shall complete a study and recommend alternatives
to unconditional ownership and control requirements for
employee stock ownership plans and eligible worker-owned
cooperatives that would enable access to set-aside
procurement programs.
(B) Report.--The Administrator shall--
(i) not later than 5 days after the date on which the
Administrator completes the study required under subparagraph
(A), make that study, including the recommendations developed
under that subparagraph, publicly available on the website of
the Small Business Administration; and
(ii) not later than 30 days after the date on which the
Administrator completes the study required under subparagraph
(A), submit to Congress the recommendations developed under
that subparagraph and a plan to implement the recommendations
for all set-aside procurement programs.
(C) Necessary statutory changes.--In the first budget
justification materials submitted by the Administrator on or
after the date on which the Administrator submits the
recommendations and plan required under subparagraph (B)(ii),
the Administrator shall identify any applicable statutory
changes necessary to implement the recommendations.
(c) Rulemaking.--Not later than 1 year after the submission
of the recommendations and plan required under subsection
(b)(2)(B)(ii), the Administrator shall issue or revise any
applicable rules, informed by the recommendations in the
report.
(d) Definitions.--Section 3(q) of the Small Business Act
(15 U.S.C. 632(q)) is amended--
(1) in paragraph (2), by striking ``(not including any
stock owned by an ESOP)'' each place it appears;
(2) by striking paragraph (6); and
(3) by redesignating paragraph (7) as paragraph (6).
______
SA 2458. Mrs. SHAHEEN (for herself and Mr. Budd) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. ADDITION OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION.
Section 9(cc) of the Small Business Act (15 U.S.C.
638(cc)Sec. ) is amended by inserting ``the National
Aeronautics and Space Administration,'' after ``2025,''.
______
SA 2459. Mr. PETERS (for himself, Mr. Lankford, and Mr. Braun)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10___. FEDERAL U.S. PHARMACEUTICAL SUPPLY CHAIN MAPPING.
(a) Short Title.--This section may be cited as the
``Mapping America's Pharmaceutical Supply Act'' or the ``MAPS
Act''
(b) Pharmaceutical Supply Chain Mapping.--The Secretary of
Health and Human Services, in coordination with the heads of
other relevant agencies, including the Secretary of Defense
and the Secretary of Homeland Security, shall support
efforts, including through public-private partnerships, to
map the entire United States pharmaceutical supply chain,
from inception to distribution, and use data analytics to
identify supply chain vulnerabilities and other national
security threats. Such activities shall include, at minimum--
(1) defining agency roles in monitoring the pharmaceutical
supply chain and communicating supply chain vulnerabilities;
(2) establishing a database of drugs selected from the
essential medicines list developed by the Food and Drug
Administration in response to Executive Order 13944 (85 Fed.
Reg. 49929) and any other relevant assessments or lists, as
appropriate, to identify, in coordination with the private
sector, a list of essential medicines, to be updated
regularly and published on a timeframe that the Secretary of
Health and Human Services, in coordination with the Secretary
of Defense and the Secretary of Homeland Security, determines
appropriate, which shall include the drugs and the active
pharmaceutical ingredients of such drugs that--
(A) are reasonably likely to be required to respond to a
public health emergency or to a chemical, biological,
radiological, or nuclear threat; or
(B) the shortage of which would pose a significant threat
to the United States health care system or at-risk
populations; and
(3) with respect to drugs selected for inclusion in the
database pursuant to paragraph (2), identifying--
(A) the location of establishments registered under
subsection (b), (c), or (i) of section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360) involved in the
production of active pharmaceutical ingredients and finished
dosage forms, and the amount of such ingredients and finished
dosage forms produced at each such establishment;
(B) to the extent available, the location of establishments
so registered involved in the production of the key starting
materials and excipients needed to produce the active
pharmaceutical ingredients and finished dosage forms, and the
amount of such materials and excipients produced at each such
establishment; and
(C) any regulatory actions with respect to the
establishments manufacturing such drugs, including with
respect to labeling requirements, registration and listing
information required to be submitted under section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360),
inspections and related regulatory activities conducted under
section 704 of such Act (21 U.S.C. 374), the seizure of such
a drug pursuant to section 304 of such Act (21 U.S.C. 334),
any recalls of such a drug; inclusion of such a drug on the
drug shortage list under section 506E of such Act (21 U.S.C.
356e), or prior drug shortages reports of a discontinuance or
interruption in
[[Page S4774]]
the production of such a drug under 506C of such Act (21
U.S.C. 355d).
(c) Report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary
of Health and Human Services, in consultation with the heads
of agencies with which such Secretary coordinates under
subsection (b), shall submit a report to Congress on--
(1) progress on implementing subsection (b), including any
timelines for full implementation, if any;
(2) gaps in data needed for full implementation of such
subsection;
(3) how the database established under subsection (b)(2)
increases Federal visibility into the pharmaceutical supply
chain;
(4) how Federal agencies are able to use data analytics to
conduct predictive modeling of anticipated drug shortages or
national security threats; and
(5) the extent to which industry has cooperated in mapping
the pharmaceutical supply chain and building the database
described in subsection (b)(2).
(d) Confidential Commercial Information.--The exchange of
information among the Secretary of Health and Human Services
and the heads of other relevant agencies, including the
Secretary of Defense and the Secretary of Homeland Security,
for purposes of carrying out this section shall not be a
violation of section 1905 of title 18, United States Code.
(e) Clarification.--The database established under this
section shall not be publicly disclosed. Nothing this
subsection shall be construed to relieve the Secretary of
Health and Human Services from its obligation to provide
information to Congress.
______
SA 2460. Mr. PETERS (for himself, Mrs. Blackburn, and Mr. Brown)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. ROLLING ACTIVE PHARMACEUTICAL INGREDIENT AND DRUG
RESERVE.
(a) Short Title.--This section may be cited as the
``Rolling Active Pharmaceutical Ingredient and Drug Reserve
Act'' or the ``RAPID Reserve Act''.
(b) Rolling Active Pharmaceutical Ingredient and Drug
Reserve.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
award contracts or cooperative agreements to eligible
entities with respect to drugs and active pharmaceutical
ingredients of such drugs that the Secretary determines to be
critical and to have vulnerable supply chains. The Secretary
shall publish the list of such drugs and active
pharmaceutical ingredients of such drugs.
(c) Requirements.--
(1) In general.--An eligible entity, pursuant to a contract
or cooperative agreement under subsection (b), shall agree
to--
(A) maintain, in a satisfactory domestic establishment
registered under section 510(b) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(b)) or in a satisfactory
foreign establishment registered under section 510(i) of such
Act that is located in a country that is a member of the
Organisation for Economic Cooperation and Development, which
may be an establishment owned and operated by the entity, or
by a wholesaler, distributor, or other third-party under
contract with the entity, a 6-month reserve, or other
reasonable quantity, as determined by the Secretary, of--
(i) the active pharmaceutical ingredient of the eligible
drug specified in the contract or cooperative agreement,
which reserve shall be regularly replenished with a recently
manufactured supply of such ingredient; and
(ii) the finished eligible drug product specified in the
contract or cooperative agreement, which reserve shall be
regularly replenished with a recently manufactured supply of
such product;
(B) implement production of the eligible drug or an active
pharmaceutical ingredient of the eligible drug, at the
direction of the Secretary, under the terms of, and in such
quantities as specified in, the contract or cooperative
agreement; and
(C) enter into an arrangement with the Secretary under
which the eligible entity--
(i) agrees to transfer a portion, as determined necessary,
of the reserve of active pharmaceutical ingredient maintained
pursuant to subparagraph (A)(i) to another drug manufacturer
in the event that the Secretary determines there to be a need
for additional finished eligible drug product and such
eligible entity is unable to use the reserve of active
pharmaceutical ingredient to manufacture a sufficient supply
of such drug product; and
(ii) permits the Secretary to direct allocation of the
reserve of active pharmaceutical ingredient so maintained in
the event of a public health emergency or chemical,
biological, radiological, or nuclear threat.
(2) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with
the Commissioner of Food and Drugs, shall issue guidance on--
(A) the factors the Secretary will use to determine which
eligible drugs, or active pharmaceutical ingredient of such
drugs, have vulnerable supply chains and how a contract or
cooperative agreement would help minimize the vulnerability
or vulnerabilities identified;
(B) the factors the Secretary will consider in determining
eligibility of an entity to participate in the program under
this section, which shall include an entity's commitment to
quality systems, including strong manufacturing
infrastructure, reliable processes, and trained staff, as
well as the entity's commitment to domestic manufacturing
capacity and surge capacity, as appropriate; and
(C) requirements for entities receiving an award under this
section, including the extent of excess manufacturing
capacity the manufacturers will be required to generate, the
amount of redundancy required, and requirements relating to
advanced quality systems.
(3) Preference.--In awarding contracts and cooperative
agreements under subsection (a), the Secretary shall give
preference to eligible entities that will carry out the
requirements of paragraph (1) through one or more domestic
establishments registered under section 510(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360(b)) capable of
manufacturing the eligible drug. To the greatest extent
practicable, the Secretary shall award contracts and
cooperative agreements with manufacturers in a manner that
strengthens domestic manufacturing, resiliency, and capacity
of eligible drugs and their active pharmaceutical
ingredients.
(d) Additional Contract and Cooperative Agreement Terms.--
(1) In general.--Each contract or cooperative agreement
under subsection (b) shall be subject to such terms and
conditions as the Secretary may specify, including terms and
conditions with respect to procurement, maintenance, storage,
testing, and delivery of drugs, in alignment with inventory
management and other applicable best practices, under such
contract or cooperative agreement, which may consider, as
appropriate, costs of transporting and handling such drugs.
(2) Terms concerning the acquisition, construction,
alteration, or renovation of establishments.--Notwithstanding
section 6303 of title 41, United States Code, the Secretary
may award a contract or cooperative agreement under this
section to support the acquisition, construction, alteration,
or renovation of non-Federally owned establishments--
(A) as determined necessary to carry out or improve
preparedness and response capability at the State and local
level; or
(B) for the production of drugs, devices, and supplies
where the Secretary determines that such a contract or
cooperative agreement is necessary to ensure sufficient
amounts of such drugs, devices, and supplies.
(e) Requirements in Awarding Contracts.--To the greatest
extent practicable, the Secretary shall award contracts and
cooperative agreements under this section in a manner that--
(1) maximizes quality, minimizes cost, minimizes
vulnerability of the United States to severe shortages or
disruptions for eligible drugs and their active
pharmaceutical ingredients, gives preference to domestic
manufacturers, and encourages competition in the marketplace;
and
(2) increases domestic production surge capacity and
reserves of domestic-based manufacturing establishments for
critical drugs and active pharmaceutical ingredients of such
drugs.
(f) Definitions.--In this section:
(1) Active pharmaceutical ingredient.--The term ``active
pharmaceutical ingredient'' has the meaning given such term
in section 744A of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-41).
(2) Drug.--The term ``drug'' has the meaning given such
term in section 201(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)).
(3) Drug shortage; shortage.--The term ``drug shortage'' or
``shortage'' has the meaning given such term in section 506C
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c).
(4) Eligible drug.--The term ``eligible drug'' means a
drug, as determined by the Secretary, in coordination with
the with Assistant Secretary for Preparedness and Response,
the Director of the Centers for Disease Control and
Prevention, and the Commissioner of Food and Drugs--
(A) that is approved under section 505(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) or licensed
under section 351(k) of the Public Health Service Act (42
U.S.C. 262(k));
(B)(i) that is reasonably likely to be required to respond
to a public health emergency or to a chemical, biological,
radiological, or nuclear threat; or
(ii) the shortage of which would pose a significant threat
to the United States health care system or at-risk
populations; and
(C) that has a vulnerable supply chain, such as a
geographic concentration of manufacturing, poor quality or
safety issues, complex manufacturing or chemistry, or few
manufacturers.
(5) Eligible entity.--The term ``eligible entity'' means a
person that--
[[Page S4775]]
(A)(i) is the holder of an approved application under
subsection (j) of section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) or subsection (k) of section 351
of the Public Health Service Act (42 U.S.C. 262) for an
eligible drug;
(ii) maintains at least one domestic establishment
registered under section 510(b) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(b)) or one foreign
establishment registered under section 510(i) of such Act
that is located in a country that is a member of the
Organisation for Economic Cooperation and Development that is
capable of manufacturing the eligible drug; and
(iii) has a strong record of good manufacturing practices
of drugs;
(B)(i) is a manufacturer of an active pharmaceutical
ingredient for an eligible drug, in partnership with an
entity that meets the requirements of subparagraph (A);
(ii) maintains at least one domestic establishment
registered under section 510(b) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360(b)) or one foreign
establishment registered under section 510(i) of such Act
that is located in a country that is a member of the
Organisation for Economic Cooperation and Development that is
capable of manufacturing the active pharmaceutical
ingredient; and
(iii) has a strong record of good manufacturing practices
of active pharmaceutical ingredients; or
(C) is a distributor or wholesaler of an eligible drug, in
partnership with an entity that meets the requirements of
subparagraph (A).
(g) Reports to Congress.--Not later than 2 years after the
date on which the first award is made under this section, and
every 2 years thereafter, the Secretary shall submit a report
to Congress detailing--
(1) the list of drugs determined to be eligible drugs, as
described in subsection (f)(2), and the rationale behind
selecting each such drug; and
(2) an update on the effectiveness of the program under
this section, in a manner that does not compromise national
security.
(h) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $500,000,000
for fiscal year 2024.
SEC. 10__. GAO REPORT.
Not later than 18 months after the date of enactment of
this Act, the Comptroller General of the United States
shall--
(1) examine, such as through a survey or other means,
excess or underutilized domestic manufacturing capacity for
critical drugs and active pharmaceutical ingredients of such
drugs, including capacity to manufacture different dosage
forms, such as oral tablets and sterile injectable drugs, and
the capacity to manufacture drugs with various
characteristics, such as cytotoxic drugs and drugs requiring
lyophilization; and
(2) prepare and submit a report to the Committee on
Homeland Security and Governmental Affairs and the Committee
on Health, Education, Labor, and Pensions of the Senate and
the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives that--
(A) includes--
(i) the results of the survey under paragraph (1);
(ii) an assessment of projected costs of utilizing and
expanding existing domestic manufacturing capabilities and
policies, as of the date of the report, that may help
establish or strengthen domestic manufacturing capacity for
key starting materials, excipients, active pharmaceutical
ingredients, and finished dosage manufacturing
establishments; and
(iii) an evaluation of policies designed to invest in
advanced domestic manufacturing capabilities and capacity for
critical active pharmaceutical ingredients and drug products;
and
(B) shall be publicly available in an unclassified form,
but may include a classified annex containing any information
that the Comptroller General determines to be sensitive.
______
SA 2461. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle I--Toxic Exposure Safety Act of 2024
SECTION 1096. SHORT TITLE.
This title may be cited as the ``Toxic Exposure Safety Act
of 2024''.
SEC. 1097. ESTABLISHING A TOXIC SPECIAL EXPOSURE COHORT.
(a) Expansion of Covered Employees and Definition of
Covered Illnesses Under Subtitle E.--Section 3671 of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7385s) is amended--
(1) in paragraph (1)--
(A) by striking ``employee determined under'' and inserting
the following: ``employee determined--
``(A) under'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(B) to have contracted a covered illness and be a member
of the Toxic Special Exposure Cohort established under
section 3671A.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The term `covered illness' means an occupational
illness or death resulting from exposure to a toxic
substance, including--
``(A) all forms of cancer;
``(B) malignant mesothelioma;
``(C) pneumoconiosis, including silicosis, asbestosis, and
other pneumoconiosis, and other asbestos-related diseases,
including asbestos-related pleural disease;
``(D) any illness designated as a covered illness under
section 3615(f)(3)(B)(i) or under section 1099B(g)(1)(B) of
the Toxic Exposure Safety Act of 2024; and
``(E) any additional illness that the Secretary of Health
and Human Services designates by regulation, as such
Secretary determines appropriate based on--
``(i) the results of the report under section 3671A(c); and
``(ii) the determinations made by such Secretary in
establishing a Toxic Special Exposure Cohort under section
3671A.''.
(b) Designation of Toxic Special Exposure Cohort.--Subtitle
E of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended by
inserting after section 3671 the following:
``SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EXPOSURE
COHORT.
``(a) Certain Designations.--The Secretary of Health and
Human Services, acting through the Director of the Centers
for Disease Control and Prevention--
``(1) shall establish a Toxic Special Exposure Cohort; and
``(2) as the Secretary determines appropriate in accordance
with the rules promulgated under subsection (b), may
designate classes of Department of Energy employees,
Department of Energy contractor employees, or atomic weapons
employees as members of the Toxic Special Exposure Cohort.
``(b) Promulgation of Rules.--Not later than 1 year after
the date of enactment of the Toxic Exposure Safety Act of
2024, the Secretary of Health and Human Services shall
promulgate rules--
``(1) establishing a process to determine whether there are
classes of Department of Energy employees, Department of
Energy contractor employees, or other classes of employees
employed at any Department of Energy facility--
``(A) who were at least as likely as not exposed to toxic
substances at a Department of Energy facility; and
``(B) for whom the Secretary of Health and Human Services
has determined, after taking into consideration the
recommendations of the Advisory Board on Toxic Substances and
Worker Health on the matter, that it is not feasible to
estimate with sufficient accuracy the frequency, intensity,
and duration of exposure they received; and
``(2) regarding how the Secretary of Health and Human
Services will designate employees, or classes of employees,
described in paragraph (1) as members of the Toxic Special
Exposure Cohort established under subsection (a)(1), which
shall include a requirement that the Secretary shall make
initial determinations regarding such designations.
``(c) Report to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Toxic Exposure Safety Act of 2024, the
Secretary of Health and Human Services shall submit to the
relevant committees of Congress a report that identifies each
of the following:
``(A) A list of cancers and other illnesses associated with
toxic substances that pose, or posed, a hazard in the work
environment at any Department of Energy facility.
``(B) The minimum duration of work required to qualify for
the Toxic Special Exposure Cohort established under
subsection (a)(1).
``(C) The class of employees that are designated as members
in the Toxic Special Exposure Cohort.
``(2) Relevant committees of congress defined.--In this
subsection, the term `relevant committees of Congress'
means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Energy and Natural
Resources, and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
``(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Energy and Commerce, and the
Committee on Education and the Workforce of the House of
Representatives.''.
(c) Allowing Subtitle B Claims for Eligible Employees Who
Are Members of the Toxic Special Exposure Cohort.--Section
3621(1) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l(1)) is
amended by adding at the end the following:
``(D) A Department of Energy employee or atomic weapons
employee who--
``(i) has contracted a covered illness (as defined in
section 3671); and
``(ii) satisfies the requirements established by the
Secretary of Health and Human Services for the Toxic Special
Exposure Cohort under section 3671A.''.
(d) Clarification of Toxic Substance Exposure for Covered
Illnesses.--Section 3675(c)(1) of the Energy Employees
Occupational Illness Compensation Program Act of
[[Page S4776]]
2000 (42 U.S.C. 7385s-4(c)(1)) is amended by inserting
``(including chemicals or combinations or mixtures of a toxic
substance, including heavy metals, and radiation)'' after
``toxic substance'' each place such term appears.
SEC. 1098. PROVIDING INFORMATION REGARDING DEPARTMENT OF
ENERGY FACILITIES.
Subtitle E of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is
amended by inserting after section 3681 the following:
``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE
MATRICES.
``(a) Definition.--In this section, the term `site exposure
matrices' means an exposure assessment of a Department of
Energy facility that identifies the toxic substances or
processes that were used in each building or process of the
facility, including the trade name (if any) of the substance.
``(b) In General.--Not later than 180 days after the date
of enactment of the Toxic Exposure Safety Act of 2024, the
Secretary of Labor shall, in coordination with the Secretary
of Energy, create or update site exposure matrices for each
Department of Energy facility based on the records, files,
and other data provided by the Secretary of Energy and such
other information as is available, including information
available from the former worker medical screening programs
of the Department of Energy.
``(c) Periodic Update.--Beginning 180 days after the
initial creation or update described in subsection (b), and
each 180 days thereafter, the Secretary shall update the site
exposure matrices with all information available as of such
time from the Secretary of Energy.
``(d) Public Availability.--The Secretary of Labor shall
make available to the public, on the primary website of the
Department of Labor--
``(1) the site exposure matrices, as periodically updated
under subsections (b) and (c);
``(2) each site profile prepared under section 3633(a);
``(3) any other database used by the Secretary of Labor to
evaluate claims for compensation under this title; and
``(4) statistical data, in the aggregate and disaggregated
by each Department of Energy facility, regarding--
``(A) the number of claims filed under this subtitle and
the number of claims filed by members of the Toxic Special
Exposure Cohort who are covered under subtitle B;
``(B) the types of illnesses claimed;
``(C) the number of claims filed for each type of illness
and, for each claim, whether the claim was approved or
denied;
``(D) the number of claimants receiving compensation; and
``(E) the length of time required to process each claim, as
measured from the date on which the claim is filed to the
final disposition of the claim.
``(e) Reporting.--
``(1) In general.--Beginning 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2024 and
annually thereafter, the Secretary of Labor shall prepare and
submit to Congress and to the Advisory Board on Toxic
Substances and Worker Health a report--
``(A) identifying any substance that was previously
included on any site exposure matrices and removed during the
reporting period; and
``(B) explaining the rationale for removing each such
substance from any site exposure matrices.
``(2) Reporting period.--For purposes of this subsection--
``(A) the reporting period for the initial report prepared
under paragraph (1) shall for the period beginning on January
1, 2005, and ending on the last day of the calendar year
preceding the date of the report; and
``(B) for each subsequent report, the reporting period
shall be for the calendar year preceding the date of the
report.
``(f) Funding.--There is authorized and hereby appropriated
to the Secretary of Energy, for fiscal year 2025 and each
succeeding year, such sums as may be necessary to support the
Secretary of Labor in creating or updating the site exposure
matrices.''.
SEC. 1099. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE
EEOICPA.
(a) Providing Information and Outreach.--Subtitle A of the
Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7384d et seq.) is amended--
(1) by redesignating section 3614 as section 3616; and
(2) by inserting after section 3613 the following:
``SEC. 3614. INFORMATION AND OUTREACH.
``(a) Information.--The Secretary of Labor shall develop
and distribute, through various means and in paper and
digital formats, information (which may include responses to
frequently asked questions) for current or former employees
or current or former Department of Energy contractor
employees about the programs under subtitles B and E and the
claims process under such programs.
``(b) Copy of Employee's Claims Records.--
``(1) In general.--In maintaining and processing an
employee's claim under subtitle B or E, the Secretary of
Labor shall provide the employee with a copy of each record
or other material obtained by the Department of Labor
relating to the employee's claim under subtitle B or E not
later than 15 days after the Department obtains such record
or material.
``(2) Choice of format.--The Secretary of Labor shall
provide a copy described in paragraph (1) to an employee in
paper form or, if selected by the employee, in electronic
form.
``(3) Reports.--Beginning 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2024, and
annually thereafter, the Secretary of Labor shall prepare and
submit a report to Congress and the Advisory Board on Toxic
Substances and Worker Health on the number of records or
other materials requested or provided under this subsection,
which shall include, for the preceding calendar year--
``(A) the number of records or other materials provided
under this subsection within the time period required under
paragraph (1);
``(B) the number of records or other materials provided
under this subsection that were not provided within such time
period; and
``(C) for the late records or other materials described in
subparagraph (B), the average number of days taken to provide
the records or other materials.
``(c) Contact of Employees by Industrial Hygienists.--
``(1) In general.--Upon a request of an industrial
hygienist to contact or interview a current or former
employee or Department of Energy contractor employee
regarding the employee's claim under subtitle B or E, the
Secretary of Labor shall, not later than 5 days after such
request is made, allow the industrial hygienist to carry out
the contact or interview.
``(2) Reports.--Beginning 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2024, and
annually thereafter, the Secretary of Labor shall prepare and
submit a report to Congress and the Advisory Board on Toxic
Substances and Worker Health regarding the use of industrial
hygienists by employees, including, for the preceding
calendar year--
``(A) the number of requested contacts that have been
allowed under paragraph (1);
``(B) the number of interviews conducted by industrial
hygienists regarding employee claims under subtitle B or E;
``(C) of the interviews that were conducted--
``(i) the number of interviews that were not approved
within the time period required under paragraph (1); and
``(ii) for the interviews described in clause (i), the
average number of days taken to provide such approval;
``(D) the number of requests for contacts or interviews, if
any, that were denied; and
``(E) a rationale for why requests for contacts or
interviews were not approved in the time period required
under paragraph (1), or were denied.''.
(b) Extending Appeal Period.--Section 3677(a) of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-6(a)) is amended by striking ``60
days'' and inserting ``1 year''.
(c) Funding.--Section 3684 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-13) is amended--
(1) by striking ``There is authorized'' and inserting the
following:
``(a) In General.--There is authorized'';
(2) by inserting before the period at the end the
following: ``, including the amounts necessary to carry out
the requirements of section 3681A''; and
(3) by adding at the end the following:
``(b) Administrative Costs for Department of Energy.--There
is authorized and hereby appropriated to the Secretary of
Energy for fiscal year 2025 and each succeeding year such
sums as may be necessary to support the Secretary in carrying
out the requirements of this title, including section
3681A.''.
SEC. 1099A. IMPROVEMENTS RELATING TO THE ADVISORY BOARD ON
TOXIC SUBSTANCES AND WORKER HEALTH.
(a) Board Member Terms.--
(1) Amendment.--Section 3687(a)(2) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-16(a)(2)) is amended--
(A) by striking ``(2) The President'' and inserting the
following: ``(2) Members.--
``(A) In general.--The President''; and
(B) by adding at the end the following:
``(B) Terms.--A member appointed by the President under
subparagraph (A) shall serve for a 5-year term.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to an appointment (including a
reappointment) made under section 3687(a)(2) of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-16(a)(2)) on or after the date of
enactment of this Act.
(b) Recommendations Regarding Members of the Special
Exposure Cohort.--Section 3687 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-16) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(F), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) develop recommendations for the Secretary of Health
and Human Services regarding--
``(A) whether there is a class of Department of Energy
employees, Department of Energy contractor employees, or
other employees at any Department of Energy facility who were
at least as likely as not exposed to toxic substances at that
facility but
[[Page S4777]]
for whom it is not feasible to estimate with sufficient
accuracy the type, duration, or concentration of exposure
dose they received, including from multiple toxic compounds
and their transformations, individually or in combination;
and
``(B) the conditions or requirements that should be met in
order for an individual to be designated as a member of the
Special Exposure Cohort under section 3671A; and
``(4) review all existing, as of the date of the review,
rules and guidelines issued by the Secretary regarding
presumption of causation and, as applicable, provide the
Secretary with recommendations for updates to the rules and
guidelines, or new rules and guidelines, regarding
presumption of causation.'';
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) Required Responses to Board Recommendations.--Not
later than 90 days after the date on which the Secretary of
Labor or the Secretary of Health and Human Services receives
recommendations in accordance with paragraph (1), (3), or (4)
of subsection (b), such Secretary shall submit formal
responses to each recommendation to the Board and
Congress.''.
(c) Contractor Support.--Section 3687(c)(3) of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-16(c)(3)) is amended--
(1) by inserting ``or the Board'' after ``The Secretary'';
and
(2) by adding at the end the following: ``Upon request by
the Board for such support, the Secretary shall--
``(A) review and approve or deny the request; and
``(B) not later than 5 days after the request, notify the
Board and Congress, in writing--
``(i) that the Secretary received a request for such
support; and
``(ii) of the Secretary's decision regarding the request
and, in the case of a denied request, the reasons for the
denial.''.
(d) Provision of High-value Contract Information.--Section
3687(g) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16(g)) is
amended--
(1) by striking ``The Secretary of Energy'' and inserting
the following:
``(1) In general.--The Secretary of Energy''; and
(2) by adding at the end the following:
``(2) High-value administration contracts.--The Secretary
of Labor shall provide the Board with a copy of each contract
into which the Secretary enters under section 3681(b) that is
equal to or greater than $1,000,000.''.
SEC. 1099B. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF
TOXIC EXPOSURES.
(a) Definitions.--In this section--
(1) the term ``Department of Energy facility'' has the
meaning given the term in section 3621 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7384l);
(2) the term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Establishment.--The Secretary, in collaboration with
the Director of the Centers for Disease Control and
Prevention, shall conduct or support research on the
epidemiological impacts of exposures to toxic substances at
Department of Energy facilities.
(c) Use of Funds.--Research under subsection (b) may
include research on the epidemiological, clinical, or health
impacts on individuals who were exposed to toxic substances
in or near the tank or other storage farms and other relevant
Department of Energy facilities through their work at such
sites.
(d) Eligibility and Application.--Any institution of higher
education or the National Academies of Sciences, Engineering,
and Medicine may apply for funding under this section by
submitting to the Secretary an application at such time, in
such manner, and containing or accompanied by such
information as the Secretary may require.
(e) Research Coordination.--The Secretary shall coordinate
activities under this section with similar activities
conducted by the Department of Health and Human Services,
Department of Veterans Affairs, the Department of Defense,
and the heads of other executive agencies, to the extent that
such departments and agencies have responsibilities that are
related to the study of epidemiological, clinical, or health
impacts of exposures to toxic substances.
(f) Health Studies Reports.--Not later than 1 year after
the end of the funding period for research under this
section, each funding recipient shall prepare and submit to
the Secretary and the Advisory Board on Toxic Substances and
Worker Health a report that--
(1) summarizes the findings of the research; and
(2) includes recommendations for any additional studies.
(g) Assistance in Accessing Classified Information.--
(1) Establishment of process.--The Secretary, Secretary of
Energy, and Secretary of Labor shall jointly establish a
process regarding the handling of classified information
related to research supported under this section, which shall
include expeditiously providing individuals conducting such
research with appropriate security clearances, as needed and
to the extent possible pursuant to existing procedures and
requirements. Such process shall be informed by, and may be
similar to, the process established under section 3681(c)(3)
of the Energy Employees Occupational Illness Compensation Act
of 2000, as amended by this title.
(2) Report.--By not later than 1 year after the date of
enactment of this Act, the Secretary, Secretary of Energy,
and the Secretary of Labor shall jointly prepare and submit a
report to Congress and the Advisory Board on Toxic Substances
and Worker Health regarding the process established under
paragraph (1).
(h) Report to Congress.--
(1) In general.--Not later than 120 days after the date on
which the reports under subsection (f) are due, the Secretary
shall--
(A) designate any classes of employees that the Secretary
determines qualify for inclusion in the Toxic Special
Exposure Cohort under section 3671A of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
added by this title);
(B) designate, as the Secretary determines appropriate,
illnesses as covered illnesses under section 3671(2)(D) of
the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7385s(2)(D)); and
(C) prepare and submit to the relevant committees of
Congress and the Advisory Board on Toxic Substances and
Worker Health a report--
(i) summarizing the findings from the reports required
under subsection (f);
(ii) identifying the classes of employees designated under
subparagraph (A);
(iii) identifying any new illnesses that will be included
as covered illnesses, pursuant to subparagraph (B) and
section 3671(2)(D) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C.
7385s(2)(D)); and
(iv) including the Secretary's recommendations for
additional health studies relating to toxic substances, if
the Secretary determines it necessary.
(2) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committee on Armed Services, Committee on
Appropriations, the Committee on Energy and Natural
Resources, and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(B) the Committee on Armed Services, Committee on
Appropriations, the Committee on Energy and Commerce, and the
Committee on Education and the Workforce of the House of
Representatives.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2025 through 2029.
SEC. 1099C. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE REVIEW.
Subtitle A of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.),
as amended by section 1099, is further amended by inserting
after section 3614 the following:
``SEC. 3615. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE REVIEW.
``(a) Purpose.--The purpose of this section is to enable
the National Academies of Sciences, Engineering, and
Medicine, a non-Federal entity with appropriate expertise, to
review and evaluate the available scientific evidence
regarding associations between diseases and exposure to toxic
substances found at Department of Energy cleanup sites.
``(b) Definitions.--In this section:
``(1) Department of energy cleanup site.--The term
`Department of Energy cleanup site' means a Department of
Energy facility where cleanup operations are being carried
out, or have been carried out, under the environmental
management program of the Department of Energy.
``(2) Health studies report.--The term `health studies
report' means a report submitted under section 1099B(f) of
the Toxic Exposure Safety Act of 2024.
``(c) Agreement.--Not later than 60 days after the date on
which the health studies reports are due, the Secretary of
Health and Human Services shall enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
to carry out the requirements of this section.
``(d) Review of Scientific and Medical Evidence.--
``(1) In general.--Under the agreement described in
subsection (c), the National Academies of Sciences,
Engineering, and Medicine shall, for the period of the
agreement--
``(A) for each area recommended for additional study under
the health studies reports or the report to Congress under
section 1099B(g)(1)(C)(iv), review and summarize the
scientific evidence relating to the area, including--
``(i) studies by the Department of Energy, Department of
Labor, and Department of Veterans Affairs; and
``(ii) any other available and relevant scientific studies,
to the extent that such studies are relevant to the
occupational exposures that have occurred at Department of
Energy cleanup sites; and
``(B) review and summarize the scientific and medical
evidence concerning the association between exposure to toxic
substances found at Department of Energy cleanup sites and
adverse health outcomes.
[[Page S4778]]
``(2) Scientific determinations concerning diseases.--In
conducting each review of scientific evidence under
subparagraphs (A) and (B) of paragraph (1), the National
Academies of Sciences, Engineering, and Medicine shall--
``(A) assess the strength of such evidence;
``(B) assess whether a statistical association between
exposure to a toxic substance and an adverse health outcome
exists, taking into account the strength of the scientific
evidence and the appropriateness of the methods used to
detect an association;
``(C) assess, to the extent possible, the risk of adverse
health outcomes among those exposed to the toxic substance
during service during the production and cleanup eras of the
Department of Energy cleanup sites;
``(D) survey the impact to health of the toxic substance,
focusing on hematologic, renal, urologic, hepatic,
gastrointestinal, neurologic, dermatologic, respiratory,
endocrine, ocular, ear, nasal, neoplastic, and oropharyngeal
diseases and chemical sensitivities; and
``(E) determine whether a plausible biological mechanism or
other evidence of a causal relationship exists between
exposure to the toxic substance and an adverse health
outcome.
``(e) Additional Scientific Studies.--If the National
Academies of Sciences, Engineering, and Medicine determine,
in the course of conducting the reviews under subsection (d),
that additional studies are needed to resolve areas of
continuing scientific uncertainty relating to toxic exposure
at Department of Energy cleanup sites, the National Academies
of Sciences, Engineering, and Medicine shall include, in the
next report submitted under subsection (f), recommendations
for areas of additional study, consisting of--
``(1) a list of health conditions and toxins that require
further evaluation and study;
``(2) a review the current information available, as of the
date of the report, relating to such health conditions and
toxins;
``(3) the value of the information that would result from
the additional studies; and
``(4) the cost and feasibility of carrying out additional
studies.
``(f) Reports.--
``(1) In general.--By not later than 2 years after the date
of the agreement under subsection (c), and every 2 years
thereafter for the duration of the agreement, the National
Academies of Sciences, Engineering, and Medicine shall
prepare and submit a report to--
``(A) the Secretary of Health and Human Services and the
Secretary of Labor;
``(B) the Committee on Health, Education, Labor, and
Pensions, the Committee on Energy and Natural Resources, and
the Committee on Appropriations of the Senate; and
``(C) the Committee on Natural Resources, the Committee on
Education and the Workforce, the Committee on Energy and
Commerce, and the Committee on Appropriations of the House of
Representatives.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the 2-year period covered by the report--
``(A) a description of--
``(i) the reviews and studies conducted under this section;
``(ii) the determinations and conclusions of the National
Academies of Sciences, Engineering, and Medicine with respect
to such reviews and studies; and
``(iii) the scientific evidence and reasoning that led to
such conclusions;
``(B) the recommendations for further areas of study made
under subsection (e) for the reporting period;
``(C) a description of any classes of employees that, based
on the results of the reviews and studies and in accordance
with the rules promulgated by the Secretary under section
3671A(b), may qualify for inclusion in the Toxic Special
Exposure Cohort under section 3671A; and
``(D) the identification of any illness that the National
Academies of Sciences, Engineering, and Medicine recommends,
as a result of the reviews and studies, that the Secretary of
Labor should designate as a covered illness under section
3671(2)(D).
``(3) Review of illness recommendations.--Upon receipt of a
report under paragraph (1), the Secretary of Labor, after
consultation with the Secretary of Health and Human Services,
shall--
``(A) review each covered illness recommendation by the
National Academies of Sciences, Engineering, and Medicine
under paragraph (2)(D); and
``(B) for each such recommendation and after consultation
with the Advisory Board on Toxic Substances and Worker
Health--
``(i) designate the illness as a covered illness under
section 3671(2)(D); or
``(ii) determine that such illness does not qualify as a
covered illness and submit an explanation for such
determination to the committees of Congress described in
subparagraphs (B) and (C) of paragraph (1).
``(g) Limitation on Authority.--The authority to enter into
agreements under this section shall be effective for a fiscal
year to the extent that appropriations are available.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary.
``(i) Sunset.--This section shall cease to be effective 10
years after the last day of the fiscal year in which the
National Academies of Sciences, Engineering, and Medicine
transmits to the Secretary the first report under subsection
(f).''.
SEC. 1099D. EEOICPA PROGRAM OUTREACH.
(a) Mailing Lists; Shared Privacy Release Form.--Section
3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended--
(1) in subsection (f)--
(A) by striking ``The Secretary of Labor'' and inserting
the following:
``(1) In general.--The Secretary of Labor''; and
(B) by adding at the end the following:
``(2) Mailing lists and participant rolls.--The Secretary
of Labor and the Secretary of Energy shall--
``(A) by not later than 30 days after the date of enactment
of the Toxic Exposure Safety Act of 2024, provide to the
Ombudsman the mailing lists and rolls of participants for the
programs under this subtitle and subtitle B, to enable the
Ombudsman to engage in effective outreach; and
``(B) on a semiannual basis, update such mailing lists and
rolls and share such updates with the Ombudsman.''; and
(2) by adding at the end the following:
``(h) Shared Privacy Release Forms.--To the extent that the
Secretary of Labor requires a claimant or potential claimant
under this subtitle or subtitle B to complete a privacy
release form, the Secretary shall ensure that such privacy
release form can be used by, and is shared with, the
Ombudsman, in order to reduce the burden on the claimant or
potential claimant.''.
(b) Report Regarding Unenrolled Qualified Individuals.--
(1) In general.--By not later than 1 year after the date of
enactment of this title, the Secretary of Labor, after
consultation with the Secretary of Energy, shall prepare a
report regarding the number of individuals who may qualify
for benefits under the programs carried out under subtitle B
or E of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l; 7385s),
but have not, as of the date of the study, enrolled in such
programs.
(2) Report.--The Secretary of Labor shall submit the report
required under paragraph (1) to--
(A) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Education and the Workforce, the Committee on Energy and
Commerce, and the Committee on Appropriations of the House of
Representatives
SEC. 1099E. CLASSIFIED INFORMATION.
Section 3681(c) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
10(c)) is amended by adding at the end the following:
``(3) Classified Information.--
``(A) In general.--By not later than 1 year after the date
of enactment of the Toxic Exposure Safety Act of 2024, the
Secretary of Energy and the Secretary shall jointly establish
a process regarding the handling of classified information
related to claims under this subtitle and subtitle B, which
shall include expeditiously providing employees or
contractors of the Department of Labor with appropriate
security clearances, as needed and to the extent possible
pursuant to existing procedures and requirements.
``(B) Report.--By not later than 1 year after the date of
enactment of the Toxic Exposure Safety Act of 2024, the
Secretary of Energy and the Secretary shall jointly prepare
and submit a report to Congress and the Advisory Board on
Toxic Substances and Worker Health regarding the process
established under subparagraph (A).''.
SEC. 1099F. CONFORMING AMENDMENTS.
The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) is amended--
(1) in the table of contents--
(A) by redesignating the item relating to section 3614 as
the item relating to section 3616;
(B) by inserting after the item relating to section 3613
the following:
``Sec. 3614. Information and outreach.
``Sec. 3615. National Academies of Sciences, Engineering, and Medicine
review.'';
and
(C) by inserting after section 3651 the following:
``Subtitle E--Contractor Employee Compensation
``Sec. 3671. Definitions.
``Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.
``Sec. 3672. Compensation to be provided.
``Sec. 3673. Compensation schedule for contractor employees.
``Sec. 3674. Compensation schedule for survivors.
``Sec. 3675. Determinations regarding contraction of covered illnesses.
``Sec. 3676. Applicability to certain uranium employees.
``Sec. 3677. Administrative and judicial review.
``Sec. 3678. Physicians services.
``Sec. 3679. Medical benefits.
``Sec. 3680. Attorney fees.
``Sec. 3681. Administrative matters.
``Sec. 3681A. Completion and updates of site exposure matrices.
``Sec. 3682. Coordination of benefits with respect to State workers
compensation.
[[Page S4779]]
``Sec. 3683. Maximum aggregate compensation.
``Sec. 3684. Funding of administrative costs.
``Sec. 3685. Payment of compensation and benefits from compensation
fund.
``Sec. 3686. Office of Ombudsman.
``Sec. 3687. Advisory Board on Toxic Substances and Worker Health.'';
and
(2) in each of subsections (b)(1) and (c) of section 3612,
by striking ``3614(b)'' and inserting ``3616(b)''.
______
SA 2462. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--International Freedom Protection
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``International Freedom
Protection Act''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of
Representatives.
(2) Relevant federal agencies.--The term ``relevant Federal
agencies'' means--
(A) the Department of State; and
(B) the United States Agency for International Development.
(3) Transnational repression.--The term ``transnational
repression''--
(A) means actions of a foreign government, or agents of a
foreign government, involving the transgression of national
borders through physical, digital, or analog means to
intimidate, silence, coerce, harass, or harm members of
diaspora populations, political opponents, civil society
activists, journalists, or members of ethnic or religious
minority groups to prevent their exercise of internationally
recognized human rights; and
(B) may include--
(i) extrajudicial killings;
(ii) physical assaults and intimidation;
(iii) arbitrary detentions;
(iv) renditions;
(v) deportations;
(vi) unexplained or enforced disappearances;
(vii) physical or online surveillance or stalking;
(viii) unwarranted passport cancellation or control over
other identification documents;
(ix) abuse of international law enforcement systems;
(x) unlawful asset freezes;
(xi) digital threats, such as cyberattacks, targeted
surveillance and spyware, online harassment, and
intimidation; and
(xii) coercion by proxy, such as harassment of, or threats
or harm to, family and associates of private individuals who
remain in their country of origin.
SEC. 1293. COMBATING TRANSNATIONAL REPRESSION ABROAD.
(a) Statement of Policy on Transnational Repression.--It is
the policy of the United States--
(1) to identify and address transnational repression,
including by protecting targeted individuals and groups, as a
direct threat to the United States national interests of
upholding and promoting democratic values and internationally
recognized human rights;
(2) to address transnational repression, including by
protecting targeted individuals and groups;
(3) to strengthen the capacity of United States embassy and
mission staff to counter transnational repression, including
by--
(A) monitoring and documenting instances of transnational
repression;
(B) conducting regular outreach with at-risk or affected
populations to provide information regarding available
resources without putting such people at further risk; and
(C) working with local and national law enforcement, as
appropriate, to support victims of transnational repression;
(4) to develop policy and programmatic responses based on
input from--
(A) vulnerable populations who are at risk of, or are
experiencing, transnational repression;
(B) nongovernmental organizations working to address
transnational repression; and
(C) the private sector;
(5) to provide training to relevant Federal personnel--
(A) to enhance their understanding of transnational
repression; and
(B) to identify and combat threats of transnational
repression;
(6) to strengthen documentation and monitoring by the
United States Government of transnational repression by
foreign governments in the United States, in foreign
countries, and within international organizations; and
(7) to seek to hold perpetrators of transnational
repression accountable, including through the use of targeted
sanctions and visa restrictions.
(b) Report on Transnational Repression.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 2 years thereafter for
the following 10 years, the Secretary of State and the
Administrator of the United States Agency for International
Development shall submit a classified report to the
appropriate congressional committees that assesses the
efforts of the United States Government to implement the
policy objectives described in subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed description and assessment of United States
Government efforts to monitor, prevent, and respond to
transnational repression abroad;
(B) a detailed accounting of the most common tactics of
transnational repression;
(C) instances of transnational repression occurring within
international organizations;
(D) a description of--
(i) efforts by personnel at United States embassies and
missions to support victims of or those at risk of
transnational repression; and
(ii) resources provided to United States embassies and
missions to support such efforts; and
(E) a strategy to strengthen interagency efforts and
coordination to combat transnational repression, which shall
include--
(i) a plan, developed in consultation with partner
governments, civil society, the business community, and other
entities, to promote respect for rule of law and human rights
in surveillance technology use, which shall include--
(I) protecting personal digital data from being used for
the purposes of transnational repression;
(II) establishing safeguards to prevent the misuse of
surveillance technology, including elements such as
appropriate legal protections, a prohibition on
discrimination, oversight and accountability mechanisms,
transparency on the applicable legal framework, limiting
biometric tools for surveillance to what is lawful and
appropriate, testing and evaluation, and training; and
(III) working to ensure, as applicable, that such
technologies are designed, developed, and deployed with
safeguards to protect human rights (including privacy),
consistent with the United Nations Guiding Principles on
Business and Human Rights;
(ii) public diplomacy efforts and plans for, including the
use of the voice, vote, and influence of the United States at
international organizations, to promote awareness of and
oppose acts of transnational repression;
(iii) a plan to develop or enhance global coalitions to
monitor cases of transnational repression at international
organizations and to strengthen alert mechanisms for key
stakeholders worldwide;
(iv) a description, as appropriate, of how the United
States Government has previously provided, and will continue
to provide, support to civil society organizations in foreign
countries in which transnational repression occurs--
(I) to improve the documentation, investigation, and
research of cases, trends, and tactics of transnational
repression; and
(II) to promote accountability and transparency in
government actions impacting victims of transnational
repression; and
(v) a description of new or existing emergency assistance
mechanisms, to aid at-risk groups, communities, and
individuals in countries abroad in which transnational
repression occurs.
(3) Form of report.--The report required under paragraph
(1) shall be submitted in classified form, but may include an
unclassified annex.
(c) Training of United States Personnel.--The Secretary of
State and the Administrator of the United States Agency for
International Development shall develop and provide training
to relevant personnel, including appropriate Foreign Service
nationals, of the Department of State and the United States
Agency for International Development, whether serving in the
United States or overseas, to advance the purposes of this
Act, including training on the identification of--
(1) physical and nonphysical threats of transnational
repression;
(2) foreign governments that are most frequently involved
in transnational repression;
(3) foreign governments that are known to frequently
cooperate with other governments in committing transnational
repression;
(4) digital surveillance and cyber tools commonly used in
transnational repression;
(5) safe outreach methods for vulnerable populations at
risk of transnational repression; and
(6) tools to respond to transnational repression threats,
including relevant authorities which may be invoked.
(d) Training of Foreign Service Officers and Presidential
Appointees.--Section 708(a)(1) of the Foreign Service Act of
1980 (22 U.S.C. 4028(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
[[Page S4780]]
``(E) for Foreign Service Officers and Presidential
appointees, including chiefs of mission and USAID Mission
Directors, in missions abroad who work on political,
economic, public diplomacy, security, or development issues,
a dedicated module of instruction on transnational repression
(as such term is defined in section 1292(3) of the
International Freedom Protection Act), including--
``(i) how to recognize threats of transnational repression;
``(ii) an overview of relevant laws that can be invoked to
combat such threats; and
``(iii) how to support individuals experiencing
transnational repression.''.
SEC. 1294. STRENGTHENING TOOLS TO COMBAT AUTHORITARIANISM.
(a) Transnational Repression.--The President should
consider the use of transnational repression by a foreign
person in determining whether to impose sanctions with
respect to such foreign person under--
(1) the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 10101 et seq.); or
(2) any other relevant statutory provision granting human
rights-related sanctions authority under which a foreign
person has been sanctioned.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter until 5 years after such date of
enactment, the Secretary of State shall submit a report to
the appropriate congressional committees that, except as
provided in paragraph (2), identifies each foreign person
about whom the President has made a determination to impose
sanctions pursuant to paragraphs (1) and (2) of subsection
(a) based on the consideration of the use of transnational
repression.
(2) Exception.--The report required under paragraph (1) may
not identify individuals if such identification would
interfere with law enforcement efforts.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Anti-kleptocracy and Human Rights Ineligibility.--
(1) Ineligibility.--
(A) Significant corruption or human rights violations.--
Except as provided in paragraphs (2) and (3), a foreign
government official shall be ineligible for entry into the
United States if the Secretary of State determines that such
official was knowingly directly or indirectly involved in--
(i) significant corruption, including corruption related to
the extraction of natural resources; or
(ii) a gross violation of internationally recognized human
rights (as defined in section 502B(d)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(d)(1))), including the
wrongful detention of--
(I) locally employed staff of a United States diplomatic
mission; or
(II) a United States citizen or national.
(B) Immediate family members.--The immediate family members
of an official described in subparagraph (A) may be subject
to the same restriction on entry into the United States as
such official.
(C) Referral.--The Secretary of State, in implementing this
subsection, shall, as appropriate, provide information
regarding the actions of officials described in subparagraph
(A) to the Office of Foreign Assets Control of the Department
of the Treasury, which shall determine whether to impose
sanctions authorized under Federal law to block the transfer
of property and interests in property, and all financial
transactions, in the United States involving any such
official.
(D) Designation or determination.--The Secretary of State
shall publicly or privately designate or make the
determination that the foreign government officials or party
members about whom the Secretary has made such designation or
determination regarding significant corruption or gross
violations of internationally recognized human rights, and
their immediate family members, without regard to whether any
such individual has applied for a visa.
(2) Exceptions.--
(A) In general.--Individuals are not ineligible for entry
into the United States pursuant to paragraph (1) if such
entry--
(i) would further important United States law enforcement
objectives; or
(ii) is necessary to permit the United States to fulfill
its obligations under the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States or under
other international obligations of the United States.
(B) Savings provision.--Nothing in paragraph (1) may be
construed to derogate from United States Government
obligations under applicable international agreements or
obligations.
(3) Waiver.--The Secretary of State may waive the
application of paragraph (1) with respect to any individual
if the Secretary determines that--
(A) such waiver would serve a compelling national interest
of the United States; or
(B) the circumstances that caused such individual to be
ineligible for entry into the United States have sufficiently
changed.
(4) Semiannual report.--
(A) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 180 days thereafter
until 5 years after such date of enactment, the Secretary of
State shall submit a report, including a classified annex if
necessary, to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives. Each such report shall include--
(i) all relevant information relating to corruption or
gross violations of internationally recognized human rights
that was a factor in identifying, during the most recent 12-
month period--
(I) individuals who are ineligible for entry into the
United States under paragraph (1)(A); and
(II) individuals about whom the Secretary has made a
designation or determination pursuant to paragraph (1)(D);
and
(III) individuals who would be ineligible for entry into
the United States under paragraph (1)(A), but were excluded
from such restriction pursuant to paragraph (2);
(ii) a list of any waivers granted by the Secretary
pursuant to paragraph (3); and
(iii) a description of the justification for each such
waiver.
(B) Posting of report.--The unclassified portion of each
report required under subparagraph (A) shall be posted on a
publicly accessible website of the Department of State.
(5) Clarification.--For purposes of paragraphs (1) and (4),
the records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the
issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) Restriction on Assistance in the Wake of a Coup
D'etat.--Chapter 1 of part III of the Foreign Assistance Act
of 1961 (22 U.S.C. 2751 et seq.) is amended by adding at the
end the following:
``SEC. 620N. LIMITATION ON ASSISTANCE IN THE WAKE OF A COUP
D'ETAT.
``(a) In General.--Except as provided under subsections (b)
and (d), no assistance may be provided under this Act or
under the Arms Export Control Act (22 U.S.C. 2751) to the
central government of any country in which the head of
government, as recognized by the United States, was deposed
by a military coup d'etat or decree or a coup d'etat or
decree in which the military played a decisive role.
``(b) Exemption for National Security.--
``(1) In general.--The Secretary of State, after
consultation with the heads of relevant Federal agencies, may
exempt assistance from the restriction described in
subsection (a), on a program by program basis for an annual
renewable period, if the Secretary determines that the
continuation of such assistance is in the national security
interest of the United States.
``(2) Justification.--The Secretary of State shall provide
a justification to the appropriate congressional committees
for each exemption granted pursuant to paragraph (1) not
later than 5 days after making such determination.
``(3) Updates.--The Secretary of State shall provide
periodic updates, not less frequently than every 90 days,
regarding the status of any assistance subject to the
exemption granted pursuant to paragraph (1).
``(c) Resumption of Assistance.--Assistance to a foreign
government that is subject to the restriction described in
subsection (a) may be resumed if the Secretary of State
certifies and reports to the appropriate congressional
committees, not fewer than 30 days before the resumption of
such assistance, that a democratically-elected government has
taken office subsequent to the termination of assistance
pursuant to subsection (a).
``(d) Exception for Democracy and Humanitarian
Assistance.--The restriction under subsection (a) shall not
apply to any assistance used--
``(1) to promote democratic elections or public
participation in the democratic processes;
``(2) to support a democratic transition; or
``(3) for humanitarian purposes.
``(e) Defined Term.--In this section, the term `appropriate
congressional committees' means--
``(1) the Committee on Foreign Relations of the Senate; and
``(2) the Committee on Foreign Affairs of the House of
Representatives.''.
SEC. 1295. AMENDMENT TO REWARDS FOR JUSTICE PROGRAM.
Section 36(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(b)) is amended--
(1) in paragraph (13), by striking ``or'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(15) the restraining, seizing, forfeiting, or
repatriating of stolen assets linked to foreign government
corruption and the proceeds of such corruption.''.
SEC. 1296. INVESTING IN DEMOCRACY RESEARCH AND DEVELOPMENT.
The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development, should establish, within the Bureau of
Democracy, Human Rights, and Labor, a program for democracy
research and development that--
(1) supports research and development by the Department of
State, the United States Agency for International
Development, and the National Endowment for Democracy on
policies and programs relating to democracy efforts;
[[Page S4781]]
(2) drives innovation within such agencies regarding the
response to complex, multidimensional challenges to
democracy;
(3) identifies lessons learned and best practices for
democracy programs and diplomatic approaches to create
feedback loops and shape future evidence-based programming
and diplomacy;
(4) encourages private sector actors to establish and
implement business practices that will--
(A) strengthen democratic institutions; and
(B) bolster democratic processes; and
(5) strengthens the resilience of democratic actors and
institutions.
SEC. 1297. ADDRESSING AUTHORITARIANS IN THE MULTILATERAL
SYSTEM.
It is the sense of Congress that the Secretary of State and
the United States Permanent Representative to the United
Nations should use the voice, vote, and influence of the
United States at the United Nations and with other
multilateral bodies--
(1)(A) to promote the full participation of civil society
actors within the United Nations Human Rights Council and
other multilateral bodies;
(B) to closely monitor instances of reprisals against such
actors; and
(C) to support the use of targeted sanctions, censure of
member states, and other diplomatic measures to hold
responsible any person who engages in reprisals against human
rights defenders and civil society within such multilateral
bodies;
(2) to reform the process for suspending the rights of
membership in the United Nations Human Rights Council for
member states that commit gross and systemic violations of
internationally recognized human rights, including--
(A) ensuring information detailing the member state's human
rights record is publicly available before a vote for
membership or a vote on suspending the rights of membership
of such member state; and
(B) making publicly available the vote of each member state
on the suspension of rights of membership from the United
Nations Human Rights Council;
(3) to reform the rules for electing members to the United
Nations Human Rights Council to seek to ensure that member
states that have committed gross and systemic violations of
internationally recognized human rights are not elected to
the Human Rights Council; and
(4) to oppose the election to the United Nations Human
Rights Council of any member state--
(A) that engages in a consistent pattern of gross
violations of internationally recognized human rights, as
determined pursuant to section 116 or 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151n and 2304);
(B) the government of which has repeatedly provided support
for acts of international terrorism, as determined pursuant
to section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(C) that is designated as a Tier 3 country under section
110(b)(1)(C) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)(1)(C));
(D) that is included on the list published by the Secretary
of State pursuant to section 404(b)(1) of the Child Soldiers
Prevention Act of 2008 (22 U.S.C. 2370c-1(b)(1)) as a
government that recruits and uses child soldiers; or
(E) the government of which the United States determines to
have committed genocide, crimes against humanity, war crimes,
or ethnic cleansing.
SEC. 1298. CONFRONTING DIGITAL AUTHORITARIANISM.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to combat digital authoritarianism, including the use
of digital technologies, that--
(A) restricts the exercise of civil and political rights
(as defined in the International Covenant on Civil and
Political Rights, done at New York December 16, 1966);
(B) weakens democratic processes and institutions,
including elections; or
(C) surveils, censors, or represses human rights defenders,
democracy activists, civil society actors, independent media,
or political opponents;
(2) to promote internet freedom; and
(3) to support efforts to counter government censorship and
surveillance, including efforts--
(A) to bypass internet shutdowns and other forms of
censorship, including blocks on services through
circumvention technologies; and
(B) to provide digital security support and training for
democracy activists, journalists, and other at-risk groups.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall submit a report to the appropriate
congressional committees that describes the efforts to
implement the policy objectives described in subsection (a).
SEC. 1299. PROTECTING POLITICAL PRISONERS.
(a) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that includes, with respect to unjustly
detained political prisoners worldwide--
(1) a description of existing Department of State processes
and efforts to carry out the political prisoner-related
activities described in subsection (b);
(2) an assessment of any resource gaps or institutional
deficiencies that adversely impact the Department of State's
ability to engage in the activities described in subsection
(b) in order to respond to increasing numbers of unjustly
detained political prisoners; and
(3) a strategy for enhancing the efforts of the Department
of State and other Federal agencies to carry out the
political prisoner-related activities described in subsection
(b).
(b) Political Prisoner-related Activities.--The report
required under subsection (a) shall include a description of
the Department of State's efforts--
(1) to monitor regional and global trends concerning
unjustly detained political prisoners and maintain
information regarding individual cases;
(2) to consistently raise concerns regarding unjustly
detained political prisoners, including specific individuals,
through public and private engagement with foreign
governments, public reporting, and multilateral engagement;
(3) to routinely--
(A) attend the trials of political prisoners;
(B) conduct wellness visits of political prisoners, to the
extent practicable and pending approval from political
prisoners or their legal counsel;
(C) visit political prisoners incarcerated under home
arrest, subject to a travel ban, or confined in detention;
and
(D) report on the well-being of such political prisoners;
(4) to regularly request information and specific actions
related to individual prisoners' medical conditions,
treatment, access to legal counsel, location, and family
visits;
(5) to identify cases in which an imminent arrest, a
potential re-arrest, or physical violence poses a risk to an
at-risk individual;
(6) to utilize embassy resources to provide shelter or
facilitate the safe evacuation of willing individuals and
their families, whenever feasible; and
(7) to use sanctions and other accountability mechanisms to
encourage the release of unjustly detained political
prisoners.
______
SA 2463. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--International Trafficking Victims Protection
Reauthorization Act of 2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``International
Trafficking Victims Protection Reauthorization Act of 2024''.
PART I--COMBATING HUMAN TRAFFICKING ABROAD
SEC. 1292. UNITED STATES SUPPORT FOR INTEGRATION OF ANTI-
TRAFFICKING IN PERSONS INTERVENTIONS IN
MULTILATERAL DEVELOPMENT BANKS.
(a) Requirements.--The Secretary of the Treasury, in
consultation with the Secretary of State acting through the
Ambassador-at-Large to Monitor and Combat Trafficking in
Persons, shall instruct the United States Executive Director
of each multilateral development bank (as defined in section
110(d) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(d))) to encourage the inclusion of a counter-
trafficking strategy, including risk assessment and
mitigation efforts as needed, in proposed projects in
countries listed--
(1) on the Tier 2 Watch List (required under section
110(b)(2)(A) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107(b)(2)(A)), as amended by section
104(a));
(2) under subparagraph (C) of section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(1)) (commonly referred to as ``tier 3''); and
(3) as Special Cases in the most recent report on
trafficking in persons required under such section (commonly
referred to as the ``Trafficking in Persons Report'').
(b) Briefings.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall brief the
appropriate congressional committees regarding the
implementation of this section.
(c) GAO Report.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report that details the activities of the United
States relating to combating human trafficking, including
forced labor, within multilateral development projects.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
[[Page S4782]]
SEC. 1293. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES
AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) In General.--In order to strengthen prevention efforts
by the United States abroad, the Administrator of the United
States Agency for International Development (referred to in
this section as the ``Administrator'') shall, to the extent
practicable and appropriate--
(1) encourage the integration of activities to counter
trafficking in persons (referred to in this section as ``C-
TIP'') into broader assistance programming;
(2) determine a reasonable definition for the term ``C-TIP
Integrated Development Programs,'' which shall include any
programming to address health, food security, economic
development, education, democracy and governance, and
humanitarian assistance that includes a sufficient C-TIP
element; and
(3) ensure that each mission of the United States Agency
for International Development (referred to in this section as
``USAID'')--
(A) integrates a C-TIP component into development programs,
project design, and methods for program monitoring and
evaluation, as necessary and appropriate, when addressing
issues, including--
(i) health;
(ii) food security;
(iii) economic development;
(iv) education;
(v) democracy and governance; and
(vi) humanitarian assistance;
(B) continuously adapts, strengthens, and implements
training and tools related to the integration of a C-TIP
perspective into the work of development actors; and
(C) encourages USAID Country Development Cooperation
Strategies to include C-TIP components in project design,
implementation, monitoring, and evaluation, as necessary and
appropriate.
(b) Reports and Briefings Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of an Act making appropriations for the
Department of State, Foreign Operations, and Related Programs
through fiscal year 2027, the Secretary of State, in
consultation with the Administrator, shall submit to the
appropriate congressional committees a report on obligations
and expenditures of all funds managed by the Department of
State and USAID in the prior fiscal year to combat human
trafficking and forced labor, including integrated C-TIP
activities.
(2) Contents.--The report required by paragraph (1) shall
include--
(A) a description of funding aggregated by program,
project, and activity; and
(B) a description of the management structure at the
Department of State and USAID used to manage such programs.
(3) Biennial briefing.--Not later than 6 months of after
the date of the enactment of this Act, and every 2 years
thereafter through fiscal year 2027, the Secretary of State,
in consultation with the Administrator, shall brief the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on the implementation of subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 1294. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN
DEVELOPMENT COOPERATION AND ASSISTANCE POLICY.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended--
(1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(H) effective counter-trafficking in persons policies and
programs.''; and
(2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
(A) by striking ``that the funds'' and inserting the
following: ``that--
``(A) the funds'';
(B) in subparagraph (A), as added by subparagraph (A) of
this paragraph, by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(B) in carrying out the provisions of this chapter, the
President shall, to the greatest extent possible--
``(i) ensure that assistance made available under this
section does not create or contribute to conditions that can
be reasonably expected to result in an increase in
trafficking in persons who are in conditions of heightened
vulnerability as a result of natural and manmade disasters;
and
``(ii) integrate appropriate protections into the planning
and execution of activities authorized under this chapter.''.
SEC. 1295. TECHNICAL AMENDMENTS TO TIER RANKINGS.
(a) Modifications to Tier 2 Watch List.--Section 110(b)(2)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(2)), is amended--
(1) in the paragraph heading, by striking ``Special'' and
inserting ``Tier 2''; and
(2) in subparagraph (A)--
(A) by striking ``of the following countries'' and all that
follows through ``annual report, where--''and inserting ``of
countries that have been listed pursuant to paragraph (1)(B)
pursuant to the current annual report, in which--''; and
(B) by redesignating subclauses (I) and (II) as clauses (i)
and (ii), respectively, and moving such clauses (as so
redesignated) 2 ems to the left.
(b) Modification to Special Rule for Downgraded and
Reinstated Countries.--Section 110(b)(2)(F) of such Act (22
U.S.C. 7107(b)(2)(F)) is amended--
(1) in the matter preceding clause (i), by striking
``special watch list described in subparagraph (A)(iii) for
more than 1 consecutive year after the country'' and
inserting ``Tier 2 watch list described in subparagraph (A)
for more than one year immediately after the country
consecutively'';
(2) in clause (i), in the matter preceding subclause (I),
by striking ``special watch list described in subparagraph
(A)(iii)'' and inserting ``Tier 2 watch list described in
subparagraph (A)''; and
(3) in clause (ii), by inserting ``in the year following
such waiver under subparagraph (D)(ii)'' after ``paragraph
(1)(C)''.
(c) Conforming Amendments.--
(1) Trafficking victims protection act of 2000.--Section
110(b) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)), as amended by subsections (a) and (b), is
further amended--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``special watch list''
and inserting ``Tier 2 watch list'';
(ii) in subparagraph (C)--
(I) in the subparagraph heading, by striking ``special
watch list'' and inserting ``Tier 2 watch list''; and
(II) by striking ``special watch list'' and inserting
``Tier 2 watch list''; and
(iii) in subparagraph (D)--
(I) in the subparagraph heading, by striking ``special
watch list'' and inserting ``Tier 2 watch list''; and
(II) in clause (i), by striking ``special watch list'' and
inserting ``Tier 2 watch list'';
(B) in paragraph (3)(B), in the matter preceding clause
(i), by striking ``clauses (i), (ii), and (iii) of''; and
(C) in paragraph (4)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``each country described in paragraph
(2)(A)(ii)'' and inserting ``each country described in
paragraph (2)(A)''; and
(ii) in subparagraph (D)(ii), by striking ``the Special
Watch List'' and inserting ``the Tier 2 watch list''.
(2) Frederick douglass trafficking victims prevention and
protection reauthorization act of 2018.--Section 204(b)(1) of
the Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act of 2018 (Public Law 115-425)
is amended by striking ``special watch list'' and inserting
``Tier 2 watch list''.
(3) Bipartisan congressional trade priorities and
accountability act of 2015.--Section 106(b)(6)(E)(iii) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4205(b)(6)(E)(iii) is amended by
striking ``under section'' and all that follows and inserting
``under section 110(b)(2)(A) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A))''.
SEC. 1296. MODIFICATIONS TO THE PROGRAM TO END MODERN
SLAVERY.
(a) In General.--Section 1298 of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) is
amended--
(1) in subsection (a)(1), by striking ``Not later than 90
days after the date of the enactment of this Act'' and
inserting ``Not later than 90 days after the date of the
enactment of the International Trafficking Victims Protection
Reauthorization Act of 2024'';
(2) in subsection (g)--
(A) by striking ``Appropriations'' in the heading and all
that follows through ``There is authorized'' and inserting
``Appropriations .--There is authorized''; and
(B) by striking paragraph (2); and
(3) in subsection (h)(1), by striking ``Not later than
September 30, 2018, and September 30, 2020'' and inserting
``Not later than September 30, 2024, and September 30,
2028''.
(b) Award of Funds.--All grants issued under the Program to
End Modern Slavery of the Office to Monitor and Combat
Trafficking in Persons shall be--
(1) awarded on a competitive basis; and
(2) subject to the regular congressional notification
procedures applicable with respect to grants made available
under section 1298(b) of the National Defense Authorization
Act of 2017 (22 U.S.C. 7114(b)).
SEC. 1297. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED
FOREIGN ASSISTANCE.
(a) Clarification of Scope of Withheld Assistance.--Section
110(d)(1) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(d)(1)) is amended to read as follows:
``(1) Withholding of assistance.--The President has
determined that--
``(A) the United States will not provide nonhumanitarian,
nontrade-related foreign assistance to the central government
of the country or funding to facilitate the participation by
officials or employees of such central government in
educational and cultural exchange programs, for the
subsequent fiscal
[[Page S4783]]
year until such government complies with the minimum
standards or makes significant efforts to bring itself into
compliance; and
``(B) the President will instruct the United States
Executive Director of each multilateral development bank and
of the International Monetary Fund to vote against, and to
use the Executive Director's best efforts to deny, any loan
or other utilization of the funds of the respective
institution to that country (other than for humanitarian
assistance, for trade-related assistance, or for development
assistance that directly addresses basic human needs, is not
administered by the central government of the sanctioned
country, and is not provided for the benefit of that
government) for the subsequent fiscal year until such
government complies with the minimum standards or makes
significant efforts to bring itself into compliance.''.
(b) Definition of Non-Humanitarian, Nontrade Related
Assistance.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to
read as follows:
``(10) Nonhumanitarian, nontrade-related foreign
assistance.--
``(A) In general.--The term `nonhumanitarian, nontrade-
related foreign assistance' means--
``(i) United States foreign assistance, other than--
``(I) with respect to the Foreign Assistance Act of 1961--
``(aa) assistance for international narcotics and law
enforcement under chapter 8 of part I of such Act (22 U.S.C.
2291 et seq.);
``(bb) assistance for International Disaster Assistance
under subsections (b) and (c) of section 491 of such Act (22
U.S.C. 2292);
``(cc) antiterrorism assistance under chapter 8 of part II
of such Act (22 U.S.C. 2349aa et seq.); and
``(dd) health programs under chapters 1 and 10 of part I
and chapter 4 of part II of such Act (22 U.S.C. 2151 et
seq.);
``(II) assistance under the Food for Peace Act (7 U.S.C.
1691 et seq.);
``(III) assistance under sections 2(a), (b), and (c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(a), (b), (c)) to meet refugee and migration needs;
``(IV) any form of United States foreign assistance
provided through nongovernmental organizations, international
organizations, or private sector partners--
``(aa) to combat human and wildlife trafficking;
``(bb) to promote food security;
``(cc) to respond to emergencies;
``(dd) to provide humanitarian assistance;
``(ee) to address basic human needs, including for
education;
``(ff) to advance global health security; or
``(gg) to promote trade; and
``(V) any other form of United States foreign assistance
that the President determines, by not later than October 1 of
each fiscal year, is necessary to advance the security,
economic, humanitarian, or global health interests of the
United States without compromising the steadfast U.S.
commitment to combatting human trafficking globally; or
``(ii) sales, or financing on any terms, under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), other than sales
or financing provided for narcotics-related purposes
following notification in accordance with the prior
notification procedures applicable to reprogrammings pursuant
to section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1).
``(B) Exclusions.--The term `nonhumanitarian, nontrade-
related foreign assistance' shall not include payments to or
the participation of government entities necessary or
incidental to the implementation of a program that is
otherwise consistent with section 110.''.
SEC. 1298. PREVENTING HUMAN TRAFFICKING BY FOREIGN MISSION
OFFICIALS AND INTERNATIONAL ORGANIZATION
PERSONNEL.
Section 203(b) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C.
1375c(b)) is amended by inserting after paragraph (4) the
following:
``(5) National expansion of in-person registration
program.--The Secretary shall administer the Domestic Worker
In-Person Registration Program for employees with A-3 visas
or G-5 visas employed by accredited foreign mission members
or international organization employees and shall expand this
program nationally, which shall include--
``(A) after the arrival of each such employee in the United
States, and annually during the course of such employee's
employment, a description of the rights of such employee
under applicable Federal and State law; and
``(B) provision of a copy of the pamphlet developed
pursuant to section 202 to the employee with an A-3 visa or a
G-5 visa; and
``(C) information on how to contact the National Human
Trafficking Hotline.
``(6) Monitoring and training of a-3 and g-5 visa employers
accredited to foreign missions and international
organizations.--The Secretary shall--
``(A) inform embassies, international organizations, and
foreign missions of the rights of A-3 and G-5 domestic
workers under the applicable labor laws of the United States,
including the fair labor standards described in the pamphlet
developed pursuant to section 202. Information provided to
foreign missions, embassies, and international organizations
should include material on labor standards and labor rights
of domestic worker employees who hold A-3 and G-5 visas;
``(B) inform embassies, international organizations, and
foreign missions of the potential consequences to individuals
holding a nonimmigrant visa issued pursuant to subparagraph
(A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) who violate the laws described in subclause
(I)(aa), including (at the discretion of the Secretary)--
``(i) the suspension of A-3 visas and G-5 visas;
``(ii) request for waiver of immunity;
``(iii) criminal prosecution;
``(iv) civil damages; and
``(v) permanent revocation of or refusal to renew the visa
of the accredited foreign mission or international
organization employee; and
``(C) require all accredited foreign mission and
international organization employers of individuals holding
A-3 visas or G-5 visas to report the wages paid to such
employees on an annual basis.''.
SEC. 1299. EFFECTIVE DATES.
Sections 1295(b) and 1297 and the amendments made by those
sections take effect on the date that is the first day of the
first full reporting period for the report required by
section 110(b)(1) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107(b)(1)) after the date of the
enactment of this Act.
PART II--AUTHORIZATION OF APPROPRIATIONS
SEC. 1299A. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF
TRAFFICKING AND VIOLENCE PROTECTION ACT OF
2000.
Section 113 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7110) is amended--
(1) in subsection (a), by striking ``2018 through 2021,
$13,822,000'' and inserting ``2024 through 2028,
$17,000,000''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by striking
``2018 through 2021, $65,000,000'' and inserting ``2024
through 2028, $102,500,000, of which $22,000,000 shall be
made available each fiscal year to the United States Agency
for International Development and the remainder of'';
(B) in subparagraph (C), by striking ``; and'' at the end
and inserting a semicolon;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(E) to fund programs to end modern slavery, in an amount
not to exceed $37,500,000 for each of the fiscal years 2024
through 2028.''.
SEC. 1299B. EXTENSION OF AUTHORIZATIONS UNDER THE
INTERNATIONAL MEGAN'S LAW.
Section 11 of the International Megan's Law to Prevent
Child Exploitation and Other Sexual Crimes Through Advanced
Notification of Traveling Sex Offenders (34 U.S.C. 21509) is
amended by striking ``2018 through 2021'' and inserting
``2024 through 2028''.
PART III--BRIEFINGS
SEC. 1299C. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S
REPORT.
Not later than 30 days after the public designation of
country tier rankings and subsequent publishing of the
Trafficking in Persons Report, the Secretary of State shall
brief the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives on--
(1) countries that were downgraded or upgraded in the most
recent Trafficking in Persons Report; and
(2) the efforts made by the United States to improve
counter-trafficking efforts in those countries, including
foreign government efforts to better meet minimum standards
to eliminate human trafficking.
SEC. 1299D. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.
Not later than 30 days after the President has determined
to issue a waiver under section 110(d)(5) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the
Secretary of State shall brief the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives on--
(a) each country that received a waiver;
(b) the justification for each such waiver; and
(c) a description of the efforts made by each country to
meet the minimum standards to eliminate human trafficking.
PART IV--INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION ACT
SEC. 1299E. FINDINGS.
Congress makes the following findings:
(1) According to the United Nations Children's Fund
(UNICEF), there are approximately 240,000,000 children and
youth with disabilities in the world, including approximately
53,000,000 children under the age of 5.
(2) Millions of children, particularly children with
intellectual and other developmental disabilities, are placed
in large or small residential institutions and most of those
children are left to grow up without love, support, and
guidance of a family.
(3) The vast majority of children placed in residential
institutions have at least one living parent or have extended
family, many of whom would keep their children at home, if
they had the support and legal protections necessary to do
so.
(4) Leading child protection organizations have documented
that children and adolescents raised without families in
residential
[[Page S4784]]
institutions face high risk of violence, trafficking for
forced labor or sex, forced abortion or sterilization, and
criminal detention.
(5) According to the Department of State, persons with
disabilities face a heightened risk of human trafficking,
including children in residential institutions, who may be
targeted by traffickers seeking to coerce them to leave or
find ways to exploit them.
(6) According to the Department of State, residential
institutions have been complicit or directly involved in
human trafficking, even extending to the practice of
recruiting children for residential institutions for such
purposes.
(7) Children with disabilities placed in residential
institutions remain vulnerable to human trafficking even
after leaving, in part due to the physical and psychological
damage such children have suffered, social isolation, and
inadequate schooling, and traffickers target individuals who
leave or age out of institutions.
SEC. 1299F. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) stigma and discrimination against children with
disabilities, particularly intellectual and other
developmental disabilities, and lack of support for community
inclusion have left people with disabilities and their
families economically and socially marginalized;
(2) organizations of persons with disabilities and family
members of persons with disabilities are often too small to
apply for or obtain funds from domestic or international
sources or ineligible to receive funds from such sources;
(3) as a result of the factors described in paragraphs (1)
and (2), key stakeholders have often been left out of public
policymaking on matters that affect children with
disabilities; and
(4) financial support, technical assistance, and active
engagement of persons with disabilities and their families is
needed to ensure the development of effective policies that
protect families, ensure the full inclusion in society of
children with disabilities, and promote the ability of
persons with disabilities to live in the community with
choices equal to others.
SEC. 1299G. DEFINITIONS.
In this part:
(1) Department.--The term ``Department'' means the
Department of State.
(2) Eligible implementing partner.--The term ``eligible
implementing partner'' means a nongovernmental organization
or other civil society organization that--
(A) has the capacity to administer grants directly or
through subgrants that can be effectively used by local
organizations of persons with disabilities; and
(B) has international expertise in the rights of persons
with disabilities, including children with disabilities and
their families.
(3) Organization of persons with disabilities.--The term
``organization of persons with disabilities'' means a
nongovernmental civil society organization run by and for
persons with disabilities and families of children with
disabilities.
SEC. 1299H. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) assist partner countries in developing policies and
programs that recognize, support, and protect the civil and
political rights of and enjoyment of fundamental freedoms by
persons with disabilities, including children, such that the
latter may grow and thrive in supportive family environments
and make the transition to independent living as adults, and
to counter human trafficking of children with disabilities
within residential institutions;
(2) promote the development of advocacy and leadership
skills among persons with disabilities and their families in
a manner that enables effective civic engagement, including
at the local, national, and regional levels, and promote
policy reforms and programs that support full economic and
civic inclusion of persons with disabilities and their
families;
(3) promote the development of laws and policies that--
(A) strengthen families and protect against the unnecessary
institutionalization of children with disabilities; and
(B) create opportunities for children and youth with
disabilities to access the resources and support needed to
achieve their full potential to live independently in the
community with choices equal to others;
(4) promote the participation of persons with disabilities
and their families in advocacy efforts and legal frameworks
to recognize, support, and protect the civil and political
rights of and enjoyment of fundamental freedoms by persons
with disabilities; and
(5) promote the sustainable action needed to bring about
changes in law, policy, and programs to ensure full family
inclusion of children with disabilities and the transition of
children with disabilities to independent living as adults.
SEC. 1299I. INTERNATIONAL CHILDREN WITH DISABILITIES
PROTECTION PROGRAM AND CAPACITY BUILDING.
(a) International Children With Disabilities Protection
Program.--
(1) In general.--There is authorized to be established
within the Department of State a program to be known as the
``International Children with Disabilities Protection
Program'' (in this section referred to as the ``Program'') to
carry out the policy described in section 1299H.
(2) Criteria.--In carrying out the Program under this
section, the Secretary of State, in consultation with leading
civil society groups with expertise in the protection of
civil and political rights of and enjoyment of fundamental
freedoms by persons with disabilities, may establish criteria
for priority activities under the Program in selected
countries.
(3) Disability inclusion grants.--The Secretary of State
may award grants to eligible implementing partners to
administer grant amounts directly or through subgrants.
(4) Subgrants.--An eligible implementing partner that
receives a grant under paragraph (3) should provide subgrants
and, in doing so, shall prioritize local organizations of
persons with disabilities working within a focus country or
region to advance the policy described in section 1299H.
(b) Authorization of Appropriations.--
(1) In general.--Of funds made available in fiscal years
2025 through 2030 to carry out the purposes of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are
authorized to be appropriated to carry out this part amounts
as follows:
(A) $2,000,000 for fiscal year 2025.
(B) $5,000,000 for each of fiscal years 2026 through 2030.
(2) Capacity-building and technical assistance programs.--
Of the amounts authorized to be appropriated by paragraph
(1), not less than $1,000,000 for each of fiscal years 2025
through 2030 should be available for capacity-building and
technical assistance programs to--
(A) develop the leadership skills of persons with
disabilities, legislators, policymakers, and service
providers in the planning and implementation of programs to
advance the policy described in section 1299H;
(B) increase awareness of successful models of the
promotion of civil and political rights and fundamental
freedoms, family support, and economic and civic inclusion
among organizations of persons with disabilities and allied
civil society advocates, attorneys, and professionals to
advance the policy described in section 1299H; and
(C) create online programs to train policymakers,
advocates, and other individuals on successful models to
advance reforms, services, and protection measures that
enable children with disabilities to live within supportive
family environments and become full participants in society,
which--
(i) are available globally;
(ii) offer low-cost or no-cost training accessible to
persons with disabilities, family members of such persons,
and other individuals with potential to offer future
leadership in the advancement of the goals of family
inclusion, transition to independent living as adults, and
protection measures for children with disabilities; and
(iii) should be targeted to government policymakers,
advocates, and other potential allies and supporters among
civil society groups.
SEC. 1299J. ANNUAL REPORT ON IMPLEMENTATION.
(a) Annual Report Required.--
(1) In general.--Not less frequently than annually through
fiscal year 2030, the Secretary of State shall submit to the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on--
(A) the programs and activities carried out to advance the
policy described in section 1299H; and
(B) any broader work of the Department in advancing that
policy.
(2) Elements.--Each report required by paragraph (1) shall
include, with respect to each program carried out under
section 1299I--
(A) the rationale for the country and program selection;
(B) the goals and objectives of the program, and the kinds
of participants in the activities and programs supported;
(C) a description of the types of technical assistance and
capacity building provided; and
(D) an identification of any gaps in funding or support
needed to ensure full participation of organizations of
persons with disabilities or inclusion of children with
disabilities in the program.
(3) Consultation.--In preparing each report required by
paragraph (1), the Secretary of State shall consult with
organizations of persons with disabilities.
SEC. 1299K. PROMOTING INTERNATIONAL PROTECTION AND ADVOCACY
FOR CHILDREN WITH DISABILITIES.
(a) Sense of Congress on Programming and Programs.--It is
the sense of Congress that--
(1) all programming of the Department and the United States
Agency for International Development related to health
systems; countering human trafficking, strengthening, primary
and secondary education, and the protection of civil and
political rights of persons with disabilities should seek to
be consistent with the policy described in section 1299H; and
(2) programs of the Department and the United States Agency
for International Development related to children, global
health, countering human trafficking, and education--
(A) should--
(i) engage organizations of persons with disabilities in
policymaking and program implementation; and
(ii) support full inclusion of children with disabilities
in families; and
[[Page S4785]]
(B) should aim to avoid support for residential
institutions for children with disabilities except in
situations of conflict or emergency in a manner that protects
family connections as described in subsection (b).
(b) Sense of Congress on Conflict and Emergencies.--It is
the sense of Congress that--
(1) programs of the Department and the United States Agency
for International Development serving children in situations
of conflict or emergency, among displaced or refugee
populations, or in natural disasters should seek to ensure
that children with and without disabilities can maintain
family ties; and
(2) in situations of emergency, if children are separated
from parents or have no family, every effort should be made
to ensure that children are placed with extended family, in
kinship care, or in an adoptive or foster family.
______
SA 2464. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. INTERNATIONAL MONETARY FUND QUOTA.
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is
amended by adding at the end the following new section
``SEC. 75. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund
may consent to an increase in the United States quota in the
Fund of the dollar equivalent of 41,497,100,000 Special
Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent and in
such amounts as are provided in advance in appropriations
Acts.''.
SEC. 1292. EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
GENERAL CAPITAL INCREASE.
The European Bank for Reconstruction and Development Act
(22 U.S.C. 290l et seq.) is amended by adding at the end the
following new paragraph:
``(13) Capital increase.--
``(A) Subscription authorized.--
``(i) In general.--The United States Governor of the Bank
is authorized to subscribe on behalf of the United States to
40,000 additional shares of the paid-in capital stock of the
Bank.
``(ii) Subject to appropriations.--Any subscription by the
United States to additional paid-in capital stock of the Bank
shall be effective only to such extent and in such amounts as
are provided in advance in appropriations Acts.
``(B) Authorization of appropriations.--In order to pay for
the increase in the United States subscription to the Bank
under subparagraph (A), there are authorized to be
appropriated, without fiscal year limitation, $439,100,000,
for payment by the Secretary of the Treasury.''.
______
SA 2465. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2025
SEC. 9001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Department of State Authorization Act for Fiscal Year
2025''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2025
Sec. 9001. Short title; table of contents.
Sec. 9002. Definitions.
TITLE I--WORKFORCE MATTERS
Sec. 9101. Commemorating the 100th anniversary of the Rogers Act;
creation of the Department of State.
Sec. 9102. Workforce modernization efforts.
Sec. 9103. Training float of the Department of State for Civil and
Foreign Service personnel.
Sec. 9104. Competitive local compensation plan.
Sec. 9105. Language incentive pay for civil service employees.
Sec. 9106. Strategy for targeted recruitment of civil servants.
Sec. 9107. Electronic medical records.
Sec. 9108. Options for comprehensive evaluations.
Sec. 9109. Portability of professional licenses.
Sec. 9110. Expanding opportunities for Department-paid student
internship program.
Sec. 9111. Career intermission program adjustment to enhance retention.
Sec. 9112. Professional counseling services.
Sec. 9113. Assignment process modernization.
Sec. 9114. Report on modifying consular tour and first tours
requirements.
Sec. 9115. Comprehensive policy on vetting and transparency.
Sec. 9116. Efficiency in employee survey creation and consolidation.
Sec. 9117. Flexibility for personnel returning from overseas
assignments with domesticated pets.
Sec. 9118. Emergency exceptions for government-financed air
transportation.
Sec. 9119. Per diem allowance for newly hired members of the Foreign
Service.
Sec. 9120. Termination of residential or motor vehicle leases and
telephone service contracts for members of the Foreign
Service.
Sec. 9121. Needs-based childcare subsidies enrollment period.
Sec. 9122. Comptroller General report on Department traveler
experience.
Sec. 9123. Quarterly report on global footprint.
Sec. 9124. Report on former Federal employees advising foreign
governments.
Sec. 9125. Job share and part-time employment opportunities.
Sec. 9126. Expansion of special rules for certain monthly workers'
compensation payments and other payments for personnel
under chief of mission authority.
TITLE II--ORGANIZATION AND OPERATIONS
Sec. 9201. State-of-the-art building facilities.
Sec. 9202. Presence of chiefs of mission at diplomatic posts.
Sec. 9203. Periodic Inspector General reviews of chiefs of mission.
Sec. 9204. Special Envoy for Sudan.
Sec. 9205. Special Envoy for Belarus.
Sec. 9206. National Museum of American Diplomacy.
Sec. 9207. Authority to establish Negotiations Support Unit within
Department of State.
Sec. 9208. Periodic briefings from Bureau of Intelligence and Research.
Sec. 9209. Restrictions on the use of funds for solar panels.
Sec. 9210. Responsiveness to Congressional Research Service inquiries.
Sec. 9211. Mission in a box.
Sec. 9212. Report on United States Consulate in Chengdu, People's
Republic of China.
Sec. 9213. Personnel reporting.
Sec. 9214. Support co-location with allied partner nations.
Sec. 9215. Streamline qualification of construction contract bidders.
TITLE III--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9301. Supporting Department of State data analytics.
Sec. 9302. Realigning the Regional Technology Officer Program.
Sec. 9303. Measures to protect Department devices from the
proliferation and use of foreign commercial spyware.
Sec. 9304. Report on cloud computing in Bureau of Consular Affairs.
Sec. 9305. Information technology pilot projects.
Sec. 9306. Leveraging approved technology for administrative
efficiencies.
Sec. 9307. Office of the Special Envoy for Critical and Emerging
Technology.
TITLE IV--PUBLIC DIPLOMACY
Sec. 9401. Africa broadcasting networks.
Sec. 9402. United States Agency for Global Media.
Sec. 9403. Extension of authorizations to support United States
participation in international fairs and expos.
Sec. 9404. Research and scholar exchange partnerships.
Sec. 9405. Waiver of physical presence requirement for children of
Radio Free Europe/Radio Liberty employees.
TITLE V--DIPLOMATIC SECURITY
Sec. 9501. Secure Embassy Construction and Counterterrorism Act
requirements.
Sec. 9502. Congressional notification for Serious Security Incidents.
Sec. 9503. Notifications regarding security decisions at diplomatic
posts.
Sec. 9504. Counter-intelligence investigations of Special Immigrant
Visa applicants at Critical Human Intelligence Threat
Posts.
Sec. 9505. Security clearance suspension pay flexibilities.
Sec. 9506. Modification to notification requirement for security
clearance suspensions and revocations.
Sec. 9507. Department of State domestic protection mission.
[[Page S4786]]
TITLE VI--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Sec. 9601. Personal service agreement authority for the United States
Agency for International Development.
Sec. 9602. Crisis operations and disaster surge staffing.
Sec. 9603. Education allowance while on military leave.
Sec. 9604. Inclusion of USAID in the pet transportation exception to
the Fly America Act.
TITLE VII--OTHER MATTERS
Sec. 9701. Authorization of appropriations to promote United States
citizen employment at the United Nations and
international organizations.
Sec. 9702. Amendment to Rewards for Justice program.
Sec. 9703. Passport automation modernization.
Sec. 9704. Concurrence provided by chiefs of mission for the provision
of Department of Defense support to certain Department of
Defense operations.
Sec. 9705. Extension of certain payment in connection with the
International Space Station.
Sec. 9706. Support for congressional delegations.
Sec. 9707. Electronic communication with visa applicants.
Sec. 9708. Electronic transmission of visa information.
Sec. 9709. Modification to transparency on international agreements and
non-binding instruments.
Sec. 9710. Inclusion of cost associated with producing reports.
Sec. 9711. Extraterritorial offenses committed by United States
nationals serving with international organizations.
Sec. 9712. Extensions.
SEC. 9002. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(3) Department.--The term ``Department'' means the
Department of State.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(5) USAID.--The term ``USAID'' means the United States
Agency for International Development.
TITLE I--WORKFORCE MATTERS
SEC. 9101. COMMEMORATING THE 100TH ANNIVERSARY OF THE ROGERS
ACT; CREATION OF THE DEPARTMENT OF STATE.
Congress recognizes and honors those who have served, or
are presently serving, in the diplomatic corps of the United
States, in commemorating the 100th Anniversary of the Act
entitled, ``An Act for the reorganization and improvement of
the Foreign Service of the United States, and for other
purposes'' (43 stat. 140, chapter 182), commonly known as the
``Rogers Act of 1924'', which on May 24, 1924, established
what has come to be known as the Foreign Service. Today, the
Department of State includes more than 13,000 Foreign Service
personnel working alongside more than 11,000 civil service
personnel and 45,000 locally engaged staff at more than 270
embassies and consulates.
SEC. 9102. WORKFORCE MODERNIZATION EFFORTS.
The Secretary should prioritize efforts to further
modernize the Department, including--
(1) making workforce investments, including increasing
wages for locally employed staff and providing other non-cash
benefits, and hiring up to 100 new members of the Foreign
Service above projected attrition to reduce overseas
vacancies and mid-level staffing gaps;
(2) utilizing authorities that allow the Department to
acquire or build and open new embassy compounds quicker and
at significantly less cost to get diplomats on the front
lines of strategic competition; and
(3) modernizing legacy systems and human resource
processes.
SEC. 9103. TRAINING FLOAT OF THE DEPARTMENT OF STATE FOR
CIVIL AND FOREIGN SERVICE PERSONNEL.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate congressional committees a strategy
to establish and maintain a ``training float'' by January 1,
2027, to allow for a minimum of 8 percent and up to 10
percent of members of the Civil and Foreign Service to
participate in long-term training at any given time. The
strategy shall include--
(1) a proposal to ensure that personnel in the training
float remain dedicated to training or professional
development activities;
(2) recommendations to maintain, and an assessment of the
feasibility of maintaining, a minimum of 8 percent of
personnel in the float at any given time; and
(3) any additional resources and authorities needed to
maintain a training float contemplated by this section.
(b) Monitoring.--For any established training float, not
later than 120 days after enactment of this Act, the
Secretary shall ensure that personnel in such training float
remain dedicated to training or professional development
activities.
SEC. 9104. COMPETITIVE LOCAL COMPENSATION PLAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the effectiveness and stability of United States
foreign missions are linked to the dedication and expertise
of locally employed staff; and
(2) ensuring competitive compensation packages benchmarked
against the local market is essential not only to retain
valuable talent but also to reflect a commitment to
employment practices abroad.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $47,500,000 for fiscal year 2025 to
support implementation of a global baseline for prevailing
wage rate goal for Local Compensation Plan positions at the
75th percentile.
SEC. 9105. LANGUAGE INCENTIVE PAY FOR CIVIL SERVICE
EMPLOYEES.
The Secretary and Administrator may provide special
monetary incentives to acquire or retain proficiency in
foreign languages to civil service employees who serve in
domestic positions that require critical language skills. The
amounts of such incentives should be similar to the language
incentive pay provided to members of the Foreign Service
under the Foreign Service pursuant to section 704(b)(3) of
the Foreign Service Act of 1980 (22 U.S.C. 4024(b)(3)).
SEC. 9106. STRATEGY FOR TARGETED RECRUITMENT OF CIVIL
SERVANTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a strategy for targeted and
proactive recruitment to fill open civil service positions,
focusing on recruiting from schools or organizations, and on
platforms targeting those with relevant expertise related to
such positions.
SEC. 9107. ELECTRONIC MEDICAL RECORDS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Foreign Service personnel at the Department serve with
distinction in austere places and under challenging
conditions around the world with limited healthcare
availability;
(2) the use of paper medical records, which require Foreign
Service personnel to carry files containing protected health
information from post to post, limits the availability of
their health information to Department medical personnel
during critical health incidents;
(3) electronic medical records are necessary, particularly
as the Department opens new embassies in the South Pacific,
thousands of miles from the nearest Department medical
officer, who may not have access to up-to-date personnel
medical files;
(4) the lack of electronic medical records is even more
important for mental health records, as the Department only
has a small number of regional medical officer psychiatrists
and relies heavily on telehealth for most Foreign Service
personnel; and
(5) due to the critical need for electronic medical
records, it is imperative that the Department address the
situation quickly and focus on secure commercially available
or other successful systems utilized by public and private
sector organizations with a track record of successfully
implementing large-scale projects of this type.
(b) Electronic Medical Records Requirement.--Not later than
December 31, 2027, the Secretary shall have fully implemented
an electronic medical records process or system for all
Foreign Service personnel and their Eligible Family Members
that eliminates reliance on paper medical records and
includes appropriate safeguards to protect personal privacy.
(c) Report on Implementation.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary shall submit to the appropriate congressional
committees a report on the progress made towards meeting the
requirement under subsection (b).
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An updated timeline for implementation.
(B) An estimated completion date.
(C) The amounts expended to date on the required electronic
medical records system.
(D) The estimated amount needed to complete the system.
(3) Termination of requirement.--The reporting requirement
under paragraph (1) shall cease upon notification to the
appropriate congressional committees that electronic medical
records have been completely implemented for all Foreign
Service personnel.
SEC. 9108. OPTIONS FOR COMPREHENSIVE EVALUATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on options for
integrating 360-degree reviews in personnel files for
promotion panel consideration.
(b) Evaluation Systems.--The report required by subsection
(a) shall include--
(1) one or more options to integrate confidential 360-
degree reviews, references, or
[[Page S4787]]
evaluations by superiors, peers, and subordinates, including
consideration of automated reference requests; and
(2) other modifications or systems the Secretary considers
relevant.
(c) Elements.--The report required by subsection (a) shall
describe, with respect to each evaluation system included in
the report--
(1) any legal constraints or considerations;
(2) the timeline required for implementation;
(3) any starting and recurring costs in comparison to
current processes;
(4) the likely or potential implications for promotion
decisions and trends; and
(5) the impact on meeting the personnel needs of the
Foreign Service.
SEC. 9109. PORTABILITY OF PROFESSIONAL LICENSES.
(a) In General.--Chapter 9 of the Foreign Service Act of
1980 (22 U.S.C. 4081 et seq.) is amended by adding after
section 908 (22 U.S.C. 4088) the following new section:
``SEC. 909. PORTABILITY OF PROFESSIONAL LICENSES.
``(a) In General.--In any case in which a member of the
Foreign Service or the spouse of a member of the Foreign
Service has a covered United States license and such member
of the Foreign Service or spouse relocates his or her
residency because of an assignment or detail to a location
that is not in the jurisdiction of the licensing authority
that issued the covered license, such covered license shall
be considered valid at a similar scope of practice and in the
discipline applied for in the jurisdiction of such new
residency for the duration of such an assignment or detail if
such member of the Foreign Service or spouse--
``(1) provides a copy of the member's notification of
assignment to the licensing authority in the jurisdiction in
which the new residency is located;
``(2) remains in good standing with--
``(A) the licensing authority that issued the covered
license; and
``(B) every other licensing authority that has issued to
the member of the Foreign Service or spouse a license valid
at a similar scope of practice and in the discipline applied
in the jurisdiction of such licensing authority; and
``(3) submits to the authority of the licensing authority
in the new jurisdiction for the purposes of standards of
practice, discipline, and fulfillment of any continuing
education requirements.
``(b) Interstate Licensure Compacts.--If a member of the
Foreign Service or spouse of a member of the Foreign Service
is licensed and able to operate in multiple jurisdictions
through an interstate licensure compact, with respect to
services provided in the jurisdiction of the interstate
licensure compact by a licensee covered by such compact, the
member of the Foreign Service or spouse of a member of the
Foreign Service shall be subject to the requirements of the
compact or the applicable provisions of law of the applicable
State and not this section.
``(c) Covered License Defined.--In this section, the term
`covered license' means a professional license or
certificate--
``(1) that is in good standing with the licensing authority
that issued such professional license or certificate;
``(2) that the member of the Foreign Service or spouse of a
member of the Foreign Service has actively used during the
two years immediately preceding the relocation described in
subsection (a); and
``(3) that is not a license to practice law.''.
(b) Clerical Amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 908 the following new
item:
``Sec. 909. Portability of professional licenses.''.
SEC. 9110. EXPANDING OPPORTUNITIES FOR DEPARTMENT-PAID
STUDENT INTERNSHIP PROGRAM.
(a) In General.--Section 9201 of the Department of State
Authorization Act of 2022 (22 U.S. 2737) is amended--
(1) in subsection (b)(2)(A), by inserting ``or have
graduated from such an institution within the six months
preceding application to the Program'' after ``paragraph
(1)'';
(2) in subsection (c), by inserting ``and gives preference
to individuals who have not previously completed internships
within the Department of State and the United States Agency
for International Development'' after ``career in foreign
affairs''; and
(3) by adding at the end the following subsections:
``(k) Work Hours Flexibility.--Students participating in
the Program may work fewer than 40 hours per week and a
minimum of 24 hours per week to accommodate their academic
schedules, provided that the total duration of the internship
remains consistent with program requirements.
``(l) Mentorship Program.--The Secretary and Administrator
are authorized to establish a mentoring and coaching program
that pairs Foreign Service or Civil Service employees with
interns who choose to participate throughout the duration of
their internship.''.
SEC. 9111. CAREER INTERMISSION PROGRAM ADJUSTMENT TO ENHANCE
RETENTION.
(a) Authority to Extend Federal Employee Health Benefit
Coverage.--The Secretary and Administrator are authorized to
offer employees the option of extending Federal Employee
Health Benefit coverage during pre-approved leave without pay
for up to 3 years.
(b) Responsibility for Premium Payments.--If an employee
elects to continue coverage pursuant to subsection (a) for
longer than 365 days, the employee shall be responsible for
100 percent of the premium (employee share and government
share) during such longer period.
SEC. 9112. PROFESSIONAL COUNSELING SERVICES.
(a) In General.--The Secretary shall seek to increase the
number of professional counselors, including licensed
clinical social workers, providing services for employees
under chief of mission authority. These positions may be
filled under Limited Non-Career Appointment terms.
(b) Employment Targets.--Not later than 180 days after the
date of the enactment of this division, the Secretary shall
seek to employ not fewer than 4 additional professional
counselors, including licensed clinical social workers, in
the Bureau of Medical Services to work out of regional
medical centers abroad.
SEC. 9113. ASSIGNMENT PROCESS MODERNIZATION.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall modernize the
Foreign Service bidding process, and specifically implement
the following elements:
(1) A stable-pair matching, preference-ranking system for
non-directed Foreign Service employees and hiring bureaus,
allowing for a more strategic alignment of workforce and
resources.
(2) Incorporation of lessons learned from the previous
stable-pair matching bidding pilot framework referred to as
``iMatch'', but applied more expansively to include non-
directed assignments up through FS-01 positions, taking
advantage of efficiency benefits such as tandem assignment
functionalities.
(3) Mechanisms to ensure transparency, efficiency,
effectiveness, accountability, and flexibility in the
assignment process, while maintaining equal opportunities for
all officers.
(4) An independent auditing process to ensure adherence to
established rules, effectiveness in meeting the Department's
needs, and prevention of bias or manipulation, including
through the use of protected categories in making assignment
decisions.
(b) Consideration of Certain Promotion Issues.--In parallel
with assignment process modernization efforts, the Secretary
shall--
(1) assess whether any point systems tied to promotion
incentives should consider service in hard-to-fill or
critical positions; and
(2) assess whether the practice of dividing the assignment
process into winter and summer cycles is necessary or
efficient compared to stable matching processes.
(c) Reporting and Oversight.--Not later than 18 months
after the date of the enactment of this Act, the Secretary
shall provide the appropriate congressional committees a
report on the implementation of the assignment process under
this section, including--
(1) data on match rates, including in filling critical or
priority positions, officer and hiring office satisfaction,
and the impact on tandem placements;
(2) recommendations for further modifications to the
bidding process;
(3) an overview of the strategy used to communicate any
changes to the workforce; and
(4) results of analysis into additional transparency
efforts, including those described in subsection (a)(3).
SEC. 9114. REPORT ON MODIFYING CONSULAR TOUR AND FIRST TOURS
REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that evaluates
the feasibility of--
(1) reducing, removing, and adding flexibility to the
directed consular tours requirements for non-consular-coned
generalist members of the Foreign Service; and
(2) requiring that first tours for members of the Foreign
Service be assigned in the National Capital Region.
(b) Elements.--The report required under subsection (a)
shall include a description of resources required to
implement the changes described in such subsection, a
timeline for implementation, and an assessment of the
benefits and consequences of such changes, including any
obstacles.
SEC. 9115. COMPREHENSIVE POLICY ON VETTING AND TRANSPARENCY.
(a) Comprehensive Policy on Vetting and Transparency.--Not
later than one year after the date of the enactment of this
Act, the Secretary shall develop a consistent and enhanced
vetting process to ensure that individuals with substantiated
claims of discrimination or harassment against them, to
include when administrative or disciplinary actions are
taken, are not considered for assignments to senior positions
or promotions to senior grades within the Foreign Service.
(b) Elements of Comprehensive Vetting Policy.--Following
the conclusion of any investigation into an allegation of
discrimination or harassment, the Office of Civil Rights,
Office of Global Talent Management, and other offices with
responsibilities related to the investigation reporting
directly to the Secretary shall jointly or individually
submit a written summary of any findings of substantiated
allegations, along with a summary of findings to the
committee responsible for assignments to senior positions
[[Page S4788]]
prior to such committee rendering a recommendation for
assignment.
(c) Response.--The Secretary shall develop a process for
candidates to respond to any allegations that are
substantiated and presented to the committee responsible for
assignments to senior positions.
(d) Annual Reports.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary shall submit to the Department workforce
and the appropriate congressional committees a report on the
number of candidates confirmed for senior diplomatic posts
against whom there were substantiated allegations described
in subsection (a).
(e) Senior Positions Defined.--In this section, the term
``senior positions'' means Chief of Mission, Deputy Assistant
Secretary, Deputy Chief of Mission, and Principal Officer
(i.e., Consuls General) positions.
SEC. 9116. EFFICIENCY IN EMPLOYEE SURVEY CREATION AND
CONSOLIDATION.
(a) Sense of Congress.--It is the sense of Congress that
employee surveys are crucial for understanding the needs and
concerns of the workforce, and are most effective when they
are strategically designed, collected, and the results
transparent where possible.
(b) Consolidated Resource Requirement.--The Department
shall provide a consolidated resource of survey methods, best
practices, and a repository of survey data to avoid survey
fatigue, minimize duplicating surveys, increase confidence in
survey data, and facilitate data-informed decision-making.
(c) Timing.--The Secretary should determine the overall
timing and administration of mandated surveys to ensure
maximum participation and robust data sets.
SEC. 9117. FLEXIBILITY FOR PERSONNEL RETURNING FROM OVERSEAS
ASSIGNMENTS WITH DOMESTICATED PETS.
(a) Flexibility for Personnel Returning From Overseas
Assignments With Domesticated Pets.--Not later than 90 days
after the date of the enactment of this Act, the Director of
the Centers for Disease Control and Prevention, in
consultation with the Secretary of State and other relevant
heads of Federal agencies, shall make a determination whether
to amend section 71.51 of title 42, Code of Federal
Regulations (or successor regulations), to provide greater
flexibility for employees of the Department, USAID, and other
United States Government officials under chief of mission
authority whose official duties require such employee to
reside outside the United States for a minimum of one year
and are seeking to return to the United States with a
domesticated dog from a country that has a high risk of dog-
maintained rabies virus variant, specifically to provide
that--
(1) if vaccinated against a dog-maintained rabies virus
variant (DMRVV) outside of the United States, the
domesticated pet shall not be required to obtain a serologic
titer test from a Centers for Disease Control-approved
laboratory; and
(2) if vaccinated against DMRVV outside of the United
States or vaccinated on arrival in the United States, the
domesticated pet may complete the mandatory confinement
period at the home of the Federal employee owner of the pet,
rather than at a United States airport with a CDC quarantine
station or a CDC-registered animal care facility, on the
condition that such confinement is otherwise in compliance
with section 71.51 of title 42, Code of Federal Regulations
(or successor regulations).
(b) Justification.--If the Director of the Centers for
Disease Control determines not to amend section 71.51 of
title 42, Code of Federal Regulations (or successor
regulations), as described in subsection (a), the Director,
not later than 10 days after the date of making such
determination, shall submit to the appropriate congressional
committees a justification with a description of the relevant
scientific analysis, as to why such regulations were not
modified.
SEC. 9118. EMERGENCY EXCEPTIONS FOR GOVERNMENT-FINANCED AIR
TRANSPORTATION.
(a) Reducing Hardship for Foreign Service Employees in
Emergencies.--Notwithstanding subsections (a) and (c) of
section 40118 of title 49, United States Code, the Department
and USAID are authorized to pay for the transportation by a
foreign air carrier (as that term is defined in section 40102
of such title) of Department and USAID personnel and any in-
cabin or accompanying checked baggage or cargo if--
(1) such Federal personnel is traveling as a direct result
of an approved emergency under sections 901 and 904 of the
Foreign Service Act of 1980 (22 U.S.C. 4081, 4084) in
addition to officially ordered or authorized departures; and
(2) the transportation is from a place--
(A) outside the United States to a place in the United
States;
(B) in the United States to a place outside the United
States; or
(C) outside the United States to another place outside the
United States.
(b) Limitation.--In cases of emergency visitation travel,
the amount that would otherwise have been paid to such an air
carrier is less than the cost of transportation on the
applicable foreign carrier, the Department personnel may pay
the difference of such amount.
SEC. 9119. PER DIEM ALLOWANCE FOR NEWLY HIRED MEMBERS OF THE
FOREIGN SERVICE.
(a) Per Diem Allowance.--
(1) In general.--Except as provided in paragraph (2), any
newly hired Foreign Service employee who is in initial
orientation training, or any other training expected to last
less than 6 months in the Washington, D.C. area before
transferring to the employee's first assignment overseas or
domestically outside the Washington, D.C. area shall, for the
duration of such training, receive a per diem allowance at
the levels prescribed under subchapter I of chapter 57 of
title 5, United States Code.
(2) Limitation on lodging expenses.--A newly hired Foreign
Service employee may not receive any lodging expenses under
the applicable per diem allowance pursuant to paragraph (1)
if that employee--
(A) has a permanent residence in the Washington, D.C., area
(not including government-supplied housing during such
orientation training or other training); and
(B) does not vacate such residence during such orientation
training or other training.
(b) Definitions.--In this section--
(1) the term ``per diem allowance'' has the meaning given
such term in section 5701 of title 5, United States Code; and
(2) the term ``Washington, D.C., area'' means the
geographic area within a 50-mile radius of the Washington
Monument.
SEC. 9120. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES
AND TELEPHONE SERVICE CONTRACTS FOR MEMBERS OF
THE FOREIGN SERVICE.
Section 907 of the Foreign Service Act of 1980 ( 22 U.S.C.
4087) is amended by striking ``Service who are posted abroad
at a Foreign Service post'' and inserting ``Foreign Service
who are posted in the United States or posted abroad''.
SEC. 9121. NEEDS-BASED CHILDCARE SUBSIDIES ENROLLMENT PERIOD.
Not later than 90 days after the date of the enactment of
this Act, the Department and USAID shall--
(1) issue and maintain guidance on how to apply for any
program authorized under section 630 of the Treasury and
General Government Appropriations Act, 2002 (Public Law 107-
67; 115 Stat. 552); and
(2) consider using maximum flexibilities to accept
applications throughout the year or in accordance with
Qualifying Life Event changes (as defined by the Federal
Employees Health Benefits Program (FEHB)).
SEC. 9122. COMPTROLLER GENERAL REPORT ON DEPARTMENT TRAVELER
EXPERIENCE.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a review and submit to the
appropriate congressional committees a report on the effect
of section 40118 of title 49, United States Code (commonly
referred to as the ``Fly America Act'') on Department
travelers.
(b) Elements.--The report required under subsection (a)
shall include an analysis of the extent to which the Fly
America Act--
(1) disproportionately impacts Department personnel;
(2) impacts travelers, including their ability to find
suitable flights and the ability to complete their travel in
a timely and effective manner;
(3) increases or decreases costs to the United States
Government;
(4) produces overly burdensome restrictions in times of
urgent travel such as Emergency Visitation Travel and
Ordered/Authorized Departure; and
(5) a description of other relevant issues the Comptroller
General determines appropriate.
SEC. 9123. QUARTERLY REPORT ON GLOBAL FOOTPRINT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter for 5
years, the Secretary shall submit to the appropriate
congressional committees a report on the global footprint of
the Department.
(b) Elements.--The report required under subsection (a)
shall include, for each diplomatic post--
(1) the number and type of Department employees assigned to
the post; and
(2) the number of allocated positions that remain unfilled.
(c) Form.--The report required under subsection (a) shall
be submitted in classified form.
SEC. 9124. REPORT ON FORMER FEDERAL EMPLOYEES ADVISING
FOREIGN GOVERNMENTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for 3
years, the Secretary shall submit to the appropriate
congressional committees a report that identifies former
United States Government senior officials who have been
approved by the Secretary to advise foreign governments.
(b) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 9125. JOB SHARE AND PART-TIME EMPLOYMENT OPPORTUNITIES.
(a) In General.--The Secretary shall establish and publish
a Department policy on job share and part-time employment
opportunities. The policy shall include a template for job
sharing arrangements, a database of job share and part-time
employment opportunities, and a point of contact in the
Bureau of Global Talent Management.
(b) Workplace Flexibility Training.--The Secretary shall
incorporate training on workplace flexibility, including the
availability of job share and part-time employment
opportunities, into employee
[[Page S4789]]
onboarding and every level of supervisory training.
(c) Annual Report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall submit to the
appropriate congressional committees a report on workplace
flexibility at the Department, including data on the number
of employees utilizing job share or part-time employment
arrangements.
SEC. 9126. EXPANSION OF SPECIAL RULES FOR CERTAIN MONTHLY
WORKERS' COMPENSATION PAYMENTS AND OTHER
PAYMENTS FOR PERSONNEL UNDER CHIEF OF MISSION
AUTHORITY.
Section 901 of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is
amended--
(1) in subsection (e)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``of a'' and inserting ``of an''; and
(ii) by striking ``January 1, 2016'' and inserting
``September 11, 2001'';
(B) in paragraph (2), by striking ``January 1, 2016'' and
inserting ``September 11, 2001''; and
(C) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``January 1, 2016'' and inserting
``September 11, 2001''; and
(2) in subsection (h)(1)--
(A) in subparagraph (A), by striking ``January 1, 2016''
and inserting ``September 11, 2001''; and
(B) in subparagraph (B), by striking ``January 1, 2016''
and inserting ``September 11, 2001''.
TITLE II--ORGANIZATION AND OPERATIONS
SEC. 9201. STATE-OF-THE-ART BUILDING FACILITIES.
The Secretary should use existing waiver authorities to
expedite upgrades and critical maintenance for the Harry S.
Truman Federal Building, with the goal of having at least 85
percent of construction and upgrades completed by December
31, 2027.
SEC. 9202. PRESENCE OF CHIEFS OF MISSION AT DIPLOMATIC POSTS.
(a) Requirement for Arrival at Diplomatic Post Within 60
Days.--
(1) In general.--The Secretary shall require that to be
eligible for payment of travel expenses for initial arrival
at the assigned post, a chief of mission must arrive at the
post not later than 60 days after the date on which the chief
of mission was confirmed by the Senate.
(2) Exceptions.--The restriction under paragraph (1) shall
not apply to a chief of mission who arrives later than 60
days after confirmation by the Senate if the delay was caused
by one or more of the following:
(A) A flight delay that was outside of the control of the
chief of mission or the Department.
(B) A natural disaster, global health emergency, or other
naturally occurring event that prevented the chief of mission
from entering the country of the assigned post.
(C) Delay or refusal by the government of the host country
to accept diplomatic accreditation.
(D) Family or medical emergency.
(E) Extenuating circumstances beyond the control of the
chief of mission.
(3) Waiver.--The Secretary may waive the requirement under
paragraph (1) upon a determination that extenuating
circumstances warrant such a waiver and upon submission of a
brief description of the determination to the appropriate
congressional committees.
(4) Notification required.--Not later than 90 days after
the date of the enactment of this Act, and in each case that
a chief of mission arrives at an assigned post more than 60
days after confirmation, the Secretary shall submit to the
appropriate congressional committees a report identifying any
chief of mission who arrived at the assigned post more than
60 days after confirmation by the Senate, and includes a
description of the justification.
(b) Notifications on Departures of Chiefs of Mission.--
Beginning on April 1, 2025, for 5 years, the Secretary shall
notify the appropriate congressional committees of any chief
of mission who has permanently departed from the assigned
post within 90 days of the departure.
SEC. 9203. PERIODIC INSPECTOR GENERAL REVIEWS OF CHIEFS OF
MISSION.
(a) In General.--Beginning on April 1, 2025, and for a 3-
year period thereafter, the Inspector General of the
Department of State shall conduct management reviews of
chiefs of mission, charge d'affaires, and other principal
officers assigned overseas during inspection visits, when
those officers have been at post more than 180 days.
(b) Disposition.--Reviews conducted pursuant to subsection
(a) shall be provided to the rating officer for formal
discussion as part of the performance evaluation process. The
management review shall remain in the employee's personnel
file unless otherwise required by law. The subject of a
review conducted pursuant to subsection (a) shall have the
opportunity to respond to and comment on the review, and the
response shall be included in the employee's file for
promotion panel review.
(c) Notification Requirement in Case of Serious Management
Concerns.--The Inspector General of the Department of State
shall notify the Secretary, the Deputy Secretary, and the
appropriate congressional committees within 30 days of any
review in which serious management concerns are raised and
substantiated, and which is not otherwise submitted as part
of the periodic inspection or report.
SEC. 9204. SPECIAL ENVOY FOR SUDAN.
(a) Establishment.--The President shall, with the advice
and consent of the Senate, appoint a Special Envoy for Sudan
at the Department (in this section referred to as the
``Special Envoy''). The Special Envoy shall report directly
to the Secretary and should not hold another position in the
Department while holding the position of Special Envoy.
(b) Duties.--The Special Envoy shall--
(1) lead United States diplomatic efforts to support
negotiations and humanitarian response efforts related to
alleviating the crisis in Sudan;
(2) be responsible for coordinating policy development and
execution related to ending the conflict and a future path to
national recovery and democratic transition in Sudan across
all bureaus in the Department and coordinating with
interagency partners; and
(3) consult regularly with the appropriate congressional
committees, and keep such committees fully and currently
informed on the status of diplomatic efforts and
negotiations.
(c) Staffing.--
(1) In general.--The Secretary shall ensure that the
Special Envoy is staffed with personnel approved by the
envoy, including through reassignment of positions
responsible for issues related to Sudan that currently exist
within the Department, encouraging details or assignment of
employees of the Department from regional and functional
bureaus with expertise relevant to Sudan, or through request
for interagency details of individuals with relevant
experience from other United States Government departments or
agencies, including the Department of Treasury.
(2) Briefing requirements.--Not later than 90 days after
the date of the enactment of this Act, the Department should
brief the appropriate congressional committees on the number
of full-time equivalent positions supporting the Special
Envoy and the relevant expertise and duties of any employees
of the Department serving as detailees.
(d) Sunset.--The position of the Special Envoy for Sudan
shall terminate on the date that is 5 years after the date of
the enactment of this Act.
SEC. 9205. SPECIAL ENVOY FOR BELARUS.
Section 6406(d) of the Department of State Authorization
Act of 2023 (division F of Public Law 118-31; 22 U.S.C. 5811
note) is amended to read as follows:
``(d) Role.--The position of Special Envoy--
``(1) shall only exist while United States diplomatic
operations in Belarus at the United States Embassy in Minsk,
Belarus are suspended; and
``(2) shall oversee the operations and personnel of the
Belarus Affairs Unit.''.
SEC. 9206. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 64 (22 U.S.C. 2735a)
the following:
``SEC. 65. NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary is authorized to
provide, by contract, grant, or otherwise, for the
performance of appropriate museum visitor and educational
outreach services and related events, including--
``(A) organizing programs and conference activities;
``(B) creating, designing, and installing exhibits; and
``(C) conducting museum shop services and food services in
the public exhibition and related physical and virtual space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to retain the proceeds obtained from customary and
appropriate fees charged for the use of facilities, including
venue rental for events consistent with the activities
described in subsection (a)(1) and museum shop services and
food services at the National Museum of American Diplomacy.
Such proceeds shall be retained as a recovery of the costs of
operating the Museum, credited to a designated Department
account that exists for the purpose of funding the Museum and
its programs and activities, and shall remain available until
expended.
``(b) Disposition of Documents, Artifacts, and Other
Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles acquired by the Department of State for the
permanent museum collection and determined by the Secretary
of State to be suitable for display by the National Museum of
American Diplomacy shall be considered to be the property of
the United States Government and shall be subject to
disposition solely in accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes a determination described in paragraph (3) with
respect to a document, artifact, or other article described
in paragraph (1), taking into account considerations such as
the Museum's collections management policy and best
professional museum practice, the Secretary may sell at fair
market value, trade, or transfer such document, artifact, or
other article without regard to the requirements of subtitle
I of title 40, United States Code. The
[[Page S4790]]
proceeds of any such sale may be used solely for the
advancement of the activities described in subsection (a)(1)
of the National Museum of American Diplomacy and may not be
used for any purpose other than the acquisition and direct
care of the collections of the Museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article described in paragraph
(1) is a determination that--
``(A) the document, artifact, or other article no longer
serves to further the mission of the National Museum of
American Diplomacy as set forth in the collections management
policy of the Museum;
``(B) the sale at a fair market price based on an
independent appraisal or trade or transfer of the document,
artifact, or other article would serve to maintain or enhance
the Museum collection; and
``(C) the sale, trade, or transfer of the document,
artifact, or other article would be in the best interests of
the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles described in
paragraph (1), the Secretary of State may--
``(A) loan the documents, artifacts, or other articles to
other institutions, both foreign and domestic, for repair,
study, or exhibition when not needed for use or display by
the National Museum of American Diplomacy; and
``(B) borrow documents, artifacts, or other articles from
other institutions or individuals, both foreign and domestic,
for activities consistent with subsection (a)(1).''.
SEC. 9207. AUTHORITY TO ESTABLISH NEGOTIATIONS SUPPORT UNIT
WITHIN DEPARTMENT OF STATE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there is a need for the United States Government to
maintain a permanent institutional hub for technical
expertise, strategic advice, and knowledge management in
negotiations, mediation, and peace processes in order to
prioritize and invest in diplomacy;
(2) the United States plays a role in enabling and
supporting peace processes and complex political
negotiations, the success of which is essential to stability
and democracy around the world;
(3) the meaningful engagement of conflict-affected
communities, particularly women, youth, and other impacted
populations, is vital to durable, implementable, and
sustainable peace;
(4) negotiation requires a specific technical and
functional skillset, and thus institutional expertise in this
practice area should include trained practitioners and
subject matter experts;
(5) such skills should continue to be employed as the
United States Government advises and contributes to peace
processes, including those where the United States plays a
supporting role or is led by multilateral and international
partners; and
(6) training programs for United States diplomats should
draw upon this expertise and United States lessons learned to
help equip diplomats with skills to respond to peace
processes and complex political negotiations, and how to
request support.
(b) Negotiations Support Unit.--Section 1 of the State
Department Basic Authorities Act (22 U.S.C. 2651a) is amended
by adding at the end the following new subsection:
``(p) Negotiations Support Unit.--
``(1) Authority to establish.--The Secretary of State may
establish within the Department of State a unit to be known
as the `Negotiations Support Unit' responsible for carrying
out the functions described in paragraph (2), as appropriate.
``(2) Functions.--The functions described in this paragraph
are the following:
``(A) Serving as a permanent institutional hub and resource
for negotiations and peace process expertise and knowledge
management.
``(B) Advising the Secretary of State, other relevant
senior officials, members of the Foreign Service, and
employees of the Department of State on the substance,
process, and strategy of negotiations, mediation, peace
processes, and other complex political negotiations from
strategy and planning to implementation.
``(C) Supporting the development and implementation of
United States policy related to complex political
negotiations and peace processes, including those led by
multilateral and international partners.
``(D) Advising on mediation and negotiations programs to
implement United States policy.
``(E) Supporting training for Foreign Services Officers and
civil servants on tailored negotiation and mediation skills.
``(F) Working with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to support the development and implementation of
United States policy on peace processes and complex political
negotiations.
``(G) Any additional duties the Secretary of State may
prescribe.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for fiscal year 2025 for the
establishment of the Negotiations Support Unit under
paragraph (1).''.
SEC. 9208. PERIODIC BRIEFINGS FROM BUREAU OF INTELLIGENCE AND
RESEARCH.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, and at least every 90 days
thereafter at a minimum for the next 3 years, the Secretary
shall offer to the appropriate congressional committees a
briefing on--
(1) any topic requested by one or more of the appropriate
congressional committees;
(2) any topic of current importance to the national
security of the United States; and
(3) any other topic the Secretary considers necessary.
(b) Location.--The briefings required under subsection (a)
shall be held at a secure facility that is suitable for
review of information that is classified at the level of
``Top Secret/SCI''.
SEC. 9209. RESTRICTIONS ON THE USE OF FUNDS FOR SOLAR PANELS.
The Department may not use Federal funds to procure any
solar energy products that were manufactured in the Xinjiang
Uyghur Autonomous Region of the People's Republic of China or
other regions in the country, which are known to be produced
with forced labor.
SEC. 9210. RESPONSIVENESS TO CONGRESSIONAL RESEARCH SERVICE
INQUIRIES.
(a) Findings.-- The Congressional Research Service is
charged with rendering effective and efficient service to
Congress and responding expeditiously, effectively, and
efficiently to the needs of Congress.
(b) Responses.--The Secretary and Administrator shall
ensure that for any inquiry or request from the Congressional
Research Service related to its support of Members of
Congress and congressional staff--
(1) an initial answer responsive to the request is sent
within 14 days of receipt of the inquiry;
(2) a complete answer responsive to the request is sent
within 90 days of receipt of the inquiry, together with an
explanation as to why the request was delayed; and
(3) Congressional Research Service staff shall be treated
as congressional staff for any informal discussions or
briefings.
SEC. 9211. MISSION IN A BOX.
(a) Findings.--Congress makes the following findings:
(1) Increasing the United States' global diplomatic
footprint is imperative to advance United States' national
security interests, particularly in the face of a massive
diplomatic expansion of our strategic competitors.
(2) Opening or re-opening diplomatic missions, often in
small island nations where there is no United States
Government presence, but one is needed to advance United
States strategic objectives.
(3) Diplomatic missions should be resourced and equipped
for success upon opening to allow diplomats to focus on
advancing United States national interests in-country.
(4) The United States can and should move more swiftly to
open new diplomatic missions and provide United States
diplomats and locally employed staff with a workplace that
meets locally appropriate quality, safety, and security
standards.
(5) To do this, the Department must streamline and support
the process of opening new posts to identify efficiencies and
removing obstacles that are unduly complicating the opening
of new diplomatic missions, particularly in small island
states and similarly situated locations.
(b) Report to Congress.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to
appropriate committees of Congress a report on how the
Department is creating a ``mission in a box'' concept to
provide new such diplomatic missions the needed resources and
authorities to quickly and efficiently stand up and operate a
mission from the moment United States personnel arrive, or
even before the opening of a new mission, particularly in
small island nations.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a list of authorities and processes related to the
opening of new diplomatic missions;
(B) a list of authorities and processes related to the
opening of new diplomatic missions that the Department can
waive to expediently stand up new diplomatic missions;
(C) essential functions that each new diplomatic mission
should be able to carry out independently upon opening;
(D) a description of functions that another post or support
center will need to carry out to support the new mission;
(E) a list of essential equipment that should be provided
to each new diplomatic mission, the approval of which should
be handled prior to or shortly after the opening of the new
diplomatic mission, including arrangements for basic office
equipment, vehicles, and housing;
(F) the number of recommended locally engaged staff and
United States direct hires resident in-country;
(G) the number of non-resident support staff who are
assigned to the new diplomatic mission, such as from another
post or regional support center;
(H) a description of how medical and consular support
services could be provided;
(I) procedures for requesting an expansion of the post's
functions or physical platform after opening, should that be
needed;
(J) any other authorities or processes that may be required
to successfully and quickly stand up a new diplomatic
mission, including any new authorities the Department may
need;
[[Page S4791]]
(K) a list of incentives, in addition to pay differentials,
being considered for such posts; and
(L) a description of any specialized training, including
for management and security personnel supporting the
establishment of such new embassies that may be required.
(c) Senior Official to Lead New Embassy Expansion.--
(1) Designation.--The Secretary shall designate an
assistant secretary-level senior official to expedite and
make recommendations for the reform of procedures for opening
new diplomatic missions abroad, particularly in small island
states.
(2) Responsibilities.--The senior official designated
pursuant to paragraph (1) shall be responsible for proposing
policy and procedural changes to the Secretary to--
(A) expediting the resourcing of new diplomatic missions by
waiving or reducing when possible mandatory processes
required to open new diplomatic missions, taking into account
the threat environment and circumstances in the host country;
(B) when necessary, quickly adjudicating within the
Department any decision points that arise during the planning
and execution phases of the establishment of a new mission;
(C) ensuring new missions receive the management and
operational support needed, including by designating such
support be undertaken by another post, regional support
center, or Department entities based in the United States;
and
(D) ensuring that the authorities provided in the Secure
Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of appendix G of Public Law 106-113), as
amended by the Secure Embassy Construction and
Counterterrorism Act of 2022 (section 9301 of Public Law 117-
263; 136 Stat. 3879), are fully utilized in the planning for
all new diplomatic missions.
(d) New Diplomatic Mission Defined.--In this section, the
term ``new diplomatic mission'' means any bilateral
diplomatic mission opened since January 1, 2020, in a country
where there had not been a bilateral diplomatic mission since
the date that is 20 years before the date of the enactment of
this Act.
(e) Sunset.--The authorities and requirements of this
section shall terminate 5 years after the date of the
enactment of this Act.
SEC. 9212. REPORT ON UNITED STATES CONSULATE IN CHENGDU,
PEOPLE'S REPUBLIC OF CHINA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on the effect of the
suspension of operations at of the United States Consulate
General in Chengdu, People's Republic of China, on July 27,
2020, on diplomatic and consular activities of the United
States in Southwestern China, including the provision of
consular services to United States citizens, and on relations
with the people of Southwestern China, including in areas
designated by the Government of the People's Republic of
China as autonomous.
SEC. 9213. PERSONNEL REPORTING.
Not later than 60 days after the date of the enactment of
this Act, and at least every 120 days thereafter for 5 years,
the Secretary shall submit to the appropriate congressional
committees a report--
(1) describing the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, eligible
family members, locally employed staff, and contractor
workforce of the Department, on an operating unit-by-
operating unit basis; and
(2) including a status update on progress toward fiscal
year hiring plans for Foreign Service and Civil Service.
SEC. 9214. SUPPORT CO-LOCATION WITH ALLIED PARTNER NATIONS.
The Secretary, following consultation with the appropriate
congressional committees, may alter, repair, and furnish
United States Government-owned and leased space for use by
the government of a foreign country to facilitate co-location
of such government in such space, on such terms and
conditions as the Secretary may determine, including with
respect to reimbursement of all or part of the costs of such
alteration, repair, or furnishing. Reimbursements or advances
of funds pursuant to this section may be credited to the
currently applicable appropriation and shall be available for
the purposes for which such appropriation is authorized.
SEC. 9215. STREAMLINE QUALIFICATION OF CONSTRUCTION CONTRACT
BIDDERS.
Section 402 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852) is amended--
(1) in subsection (a)--
(A) by inserting ``be awarded'' after ``joint venture
persons may'';
(B) by striking ``bid on'' both places it appears; and
(C) in paragraph (1), by striking ``$10,000,000'' and
inserting ``$25,000,000''; and
(2) in subsection (c)--
(A) in paragraph 1, by striking ``two'' and inserting
``three''; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``at a United States
diplomatic or consular establishment abroad'' and inserting
``on a Federal contract abroad'';
(ii) by striking subparagraphs (E) and (G);
(iii) by redesignating subparagraph (F) as subparagraph
(E); and
(iv) in subparagraph (E), as redesignated by clause (iii),
by striking ``80'' [both places it appears] and inserting
``65''.
TITLE III--INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 9301. SUPPORTING DEPARTMENT OF STATE DATA ANALYTICS.
There is authorized to be appropriated for the Department
of State for fiscal year 2025 $3,000,000 for bureaus to hire
Chief Data Officers through the ``Bureau Chief Data Officer
Program'', consistent with section 6302 of the Department of
State Authorization Act of 2023 (division F of Public Law
118-31; 22 U.S.C. 2651a note).
SEC. 9302. REALIGNING THE REGIONAL TECHNOLOGY OFFICER
PROGRAM.
Section 9508(a)(1) of the Department of State
Authorizations Act of 2022 (division I of Public Law 117-263;
22 U.S.C. 10305(a)(1)) is amended by inserting ``, and shall
be administered by the Bureau for Cyberspace and Digital
Policy'' before the period at the end.
SEC. 9303. MEASURES TO PROTECT DEPARTMENT DEVICES FROM THE
PROLIFERATION AND USE OF FOREIGN COMMERCIAL
SPYWARE.
(a) Definitions.--In this section:
(1) Covered device.--The term ``covered device'' means any
electronic mobile device, including smartphones, tablet
computing devices, or laptop computing device, that is issued
by the Department for official use.
(2) Foreign commercial spyware; spyware.--The terms
``foreign commercial spyware'' and ``spyware'' have the
meanings given those terms in section 1102A of the National
Security Act of 1947 (50 U.S.C. 3232a).
(b) Protection of Covered Devices.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall--
(A) issue standards, guidance, best practices, and policies
for Department and USAID personnel to protect covered devices
from being compromised by foreign commercial spyware;
(B) survey the processes used by the Department and USAID
to identify and catalog instances where a covered device was
compromised by foreign commercial spyware over the prior 2
years and it is reasonably expected to have resulted in an
unauthorized disclosure of sensitive information; and
(C) submit to the appropriate congressional committees a
report on the measures in place to identify and catalog
instances of such compromises for covered devices by foreign
commercial spyware, which may be submitted in classified
form.
(2) Notifications.--Not later than 60 days after the date
on which an element of the Department becomes aware that a
covered device was compromised by foreign commercial spyware,
the Secretary, in coordination with relevant agencies, shall
notify the appropriate congressional committees of the facts
concerning such targeting or compromise, including--
(A) the location of the personnel whose covered device was
compromised;
(B) the number of covered devices compromised;
(C) an assessment by the Secretary of the damage to the
national security of the United States resulting from any
loss of data or sensitive information; and
(D) an assessment by the Secretary of any foreign
government or foreign organization or entity, and, to the
extent possible, the foreign individuals, who directed and
benefitted from any information acquired from the compromise.
SEC. 9304. REPORT ON CLOUD COMPUTING IN BUREAU OF CONSULAR
AFFAIRS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on the status of the Bureau
of Consular Affairs adoption of cloud-based products and
services as well as options to require enterprise-wide
adoption of cloud computing, including for all consular
operations.
SEC. 9305. INFORMATION TECHNOLOGY PILOT PROJECTS.
Not later than 180 days after the date of the enactment of
this Act, the Chief Information Officer of the Department of
State should, in consultation with the Assistant Secretary of
the Bureau of Consular Affairs, prioritize information
technology systems with high potential to accelerate the
passport renewal processes, reduce processing times, and
reduce dependency on legacy systems.
SEC. 9306. LEVERAGING APPROVED TECHNOLOGY FOR ADMINISTRATIVE
EFFICIENCIES.
The Secretary and Administrator shall ensure appropriate
and secure technological solutions are authorized and
available for employee use, where feasible, to promote
technological fluency in the workforce, including the
integration of secure tools in the evaluation process to
ensure performance management standards while maximizing
efficiency.
SEC. 9307. OFFICE OF THE SPECIAL ENVOY FOR CRITICAL AND
EMERGING TECHNOLOGY.
(a) Establishment.--The Secretary shall establish an Office
of the Special Envoy for Critical and Emerging Technology
(referred to in this section as the ``Office''), which shall
be located within the Bureau for Cyberspace and Digital
Policy.
(b) Leadership.--
(1) Special envoy.--The Office shall be headed by a Special
Envoy for Critical and Emerging Technology, who shall--
(A) be appointed by the President, by and with the advice
and consent of the Senate; and
(B) have the rank and status of ambassador; and
[[Page S4792]]
(C) report to the Ambassador-at-Large for Cyberspace and
Digital Policy.
(c) Membership.--The Office may include representatives or
expert detailees from other key Federal agencies or research
and technology-focused fellowship programs, as determined by
the Special Envoy for Critical and Emerging Technology and
with the consent of the Ambassador-at-Large for Cyberspace
and Digital Policy, in coordination with appropriate senior
officials of such agencies.
(d) Purposes.--The purposes of the Office shall include--
(1) establishing, in coordination with relevant bureaus,
offices and other Federal agencies, an interagency security
review process for proposals regarding United States
Government-funded international collaboration on critical and
emerging technologies and associated research;
(2) establishing and coordinating an interagency strategy
to facilitate international cooperation with United States
allies and partners regarding the development, use, and
deployment of critical and emerging technologies and
associated standards and safeguards for research security,
intellectual property protection, and illicit knowledge
transfer;
(3) facilitating technology partnerships with countries and
relevant political and economic unions that are committed
to--
(A) the rule of law and respect for human rights, including
freedom of speech, and expression;
(B) the safe and responsible development and use of
critical and emerging technologies and the establishment of
related norms and standards, including for research security
and the protection of sensitive data and technology;
(C) a secure internet architecture governed by a multi-
stakeholder model instead of centralized government control;
(D) robust international cooperation to promote open and
interoperable technological products and services that are
necessary to freedom, innovation, transparency, and privacy;
and
(E) multilateral coordination, including through diplomatic
initiatives, information sharing, and other activities, to
defend the principles described in subparagraphs (A) through
(D) against efforts by state and non-state actors to
undermine them;
(4) supporting efforts to harmonize technology governance
regimes with partners, coordinating on basic and pre-
competitive research and development initiatives, and
collaborating to pursue such opportunities in certain
critical and emerging technologies;
(5) coordinating with other technology partners on export
control policies for certain critical and emerging
technologies, including countering illicit knowledge and data
transfer related to certain critical and emerging technology
research;
(6) conducting diplomatic engagement, in coordination with
other bureaus, offices, and relevant Federal departments and
agencies, with allies and partners to develop standards and
coordinate policies designed to counter illicit knowledge and
data transfer in academia related to critical and emerging
technology research;
(7) coordinating with allies, partners, and other relevant
Federal agencies to prevent the exploitation of research
partnerships related to certain critical and emerging
technologies;
(8) sharing information regarding the threat posed by the
transfer of certain critical and emerging technologies to
authoritarian governments, including the People's Republic of
China and the Russian Federation, and the ways in which
autocratic regimes are utilizing technology to erode
individual freedoms and other foundations of open, democratic
societies; and
(9) collaborating with private companies, trade
associations, and think tanks to realize the purposes
described in paragraphs (1) through (8).
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 5 years, the Secretary, in coordination with the
Director of National Intelligence and the heads of other
relevant Federal agencies, as appropriate, shall submit to
the appropriate congressional committees an unclassified
report, with a classified index, if necessary, regarding--
(1) the activities of the Office related to paragraphs (1)
through (9) of subsection (d), including any cooperative
initiatives and partnerships pursued with United States
allies and partners, and the results of such activities,
initiatives, and partnerships;
(2) the activities of the Government of the People's
Republic of China, the Chinese Communist Party, and the
Russian Federation in sectors related to certain critical and
emerging technologies and the threats they pose to the United
States; and
(3) an inventory of all international research and
development programs for critical and emerging technologies
funded by the Department or USAID that include participation
by institutions or organizations that are affiliated with, or
receive support from, the Government of the People's Republic
of China or the Government of the Russian Federation.
(f) Critical and Emerging Technologies.--In this section,
the term ``critical and emerging technologies'' means the
technologies listed on the critical and emerging technologies
list published by the National Science and Technology Council
(NSTC) at the Office of Science and Technology Policy, as
amended by subsequent updates to the list issued by the NSTC.
TITLE IV--PUBLIC DIPLOMACY
SEC. 9401. AFRICA BROADCASTING NETWORKS.
Not later than 180 days after the date of the enactment of
this Act, the Chief Executive Officer of the United States
Agency for Global Media shall submit to the appropriate
congressional committees a report on the resources and
timeline needed to establish within the Agency an
organization the mission of which shall be to promote
democratic values and institutions in Africa by providing
objective, accurate, and relevant news and information to the
people of Africa and counter disinformation from malign
actors, especially in countries in which a free press is
banned by the government or not fully established, about the
region, the world, and the United States through uncensored
news, responsible discussion, and open debate.
SEC. 9402. UNITED STATES AGENCY FOR GLOBAL MEDIA.
Section 306 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6205) is amended--
(1) by redesignating subsections (f) and (g) as subsection
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Suspension and Debarment of Grantees.--
``(1) In general.--Subject to paragraphs (2) and (3), a
grantee may not be debarred or suspended without consultation
with the Chief Executive Officer and a three-fourths majority
vote of the Advisory Board in support of such action.
``(2) Suspension.--
``(A) Criteria for suspension.--A grantee may not be
suspended unless the Advisory Board determines that the
criteria described in section 513.405 of title 22, Code of
Federal Regulations, have been met.
``(B) Suspending official.--The Advisory Board shall
collectively serve as the suspending official (as described
in section 513.105 of title 22, Code of Federal Regulations).
``(3) Debarment.--
``(A) Criteria for debarment.--A grantee may not be
debarred unless the Advisory Board determines that one or
more of the causes described in section 513.305 of title 22,
Code of Federal Regulations, has been established.
``(B) Debarring official.--The Advisory Board shall
collectively serve as the debarring official (as described in
section 513.105 of title 22, Code of Federal Regulations).''.
SEC. 9403. EXTENSION OF AUTHORIZATIONS TO SUPPORT UNITED
STATES PARTICIPATION IN INTERNATIONAL FAIRS AND
EXPOS.
Section 9601 of the Department of State Authorizations Act
of 2022 (division I of Public Law 117-263; 136 Stat. 3909) is
amended in subsection (b), by striking ``fiscal years 2023
and 2024'' and inserting ``fiscal years 2023, 2024, 2025,
2026, and 2027''.
SEC. 9404. RESEARCH AND SCHOLAR EXCHANGE PARTNERSHIPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the strategic interest of the United States to
strengthen relations with Sub-Saharan African states to
promote shared interests in the areas of--
(A) democracy and good governance;
(B) education and human capital;
(C) trade and economic development;
(D) science and technology;
(E) biodiversity, food, and agriculture; and
(F) the preservation and management of natural resources,
including critical minerals; and
(2) historically Black colleges and universities (referred
to in this section as ``HBCUs'') have a long history of--
(A) cultivating diaspora relations with Sub-Saharan African
states; and
(B) developing innovative solutions to some of the world's
most pressing challenges.
(b) Strengthened Partnerships.--The Secretary and the
Administrator should seek to strengthen and expand
partnerships and educational exchange opportunities,
including by working with HBCUs, which build the capacity and
expertise of students, scholars, and experts from Sub-Saharan
Africa in key development sectors.
(d) Technical Assistance.--The Administrator is authorized
to--
(1) provide technical assistance to HBCUs to assist in
fulfilling the goals of this section, including in developing
contracts, operating agreements, legal documents, and related
infrastructure; and
(2) upon request, provide feedback to HBCUs, to the maximum
extent practicable, after a grant rejection from relevant
Federal programs in order to improve future grant
applications, as appropriate.
SEC. 9405. WAIVER OF PHYSICAL PRESENCE REQUIREMENT FOR
CHILDREN OF RADIO FREE EUROPE/RADIO LIBERTY
EMPLOYEES.
Section 320(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1431(a)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end; and
(2) by adding at the end of the following:
``(C) residing abroad as a result of employment with Radio
Free Europe/Radio Liberty; or''.
TITLE V--DIPLOMATIC SECURITY
SEC. 9501. SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM
ACT REQUIREMENTS.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the
[[Page S4793]]
Secretary shall prescribe new guidance and requirements
consistent with the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of
appendix G of Public Law 106-113), as amended by the Secure
Embassy Construction and Counterterrorism Act of 2022
(section 9301 of Public Law 117-263; 136 Stat. 3879) and
submit to the appropriate congressional committees a report
detailing such guidance and requirements, including the
impact of implementation on United States diplomatic
facilities and construction projects.
(b) Consequence for Noncompliance.--If the Secretary fails
to meet the requirement under subsection (a) no Federal funds
appropriated to the Department shall be used for official
travel by senior staff in the executive office of the
Diplomatic Security Service, including the Assistant
Secretary for Diplomatic Security, until such time as the
Secretary meets the requirement.
(c) Waiver.--The Secretary may waive the restriction in
subsection (b) to meet urgent and critical needs if the
Secretary provides written notification to the appropriate
congressional committees in advance of travel.
SEC. 9502. CONGRESSIONAL NOTIFICATION FOR SERIOUS SECURITY
INCIDENTS.
Section 301(a) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4833(a)), is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Initial congressional notification.--The Secretary
shall notify the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives not later than 8 days after a possible
Serious Security Incident has taken place. Such notification
shall include a preliminary description of the incident, of
an incident described in paragraph (1), including any known
individuals involved, when and where the incident took place,
and the next steps in the investigation.''; and
(3) in paragraph (4), as redesignated by paragraph (1) of
this section, by striking ``paragraph (2)'' and inserting
``paragraph (3)''.
SEC. 9503. NOTIFICATIONS REGARDING SECURITY DECISIONS AT
DIPLOMATIC POSTS.
Section 103(c) of section 103 of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (22 U.S.C. 4802(c)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary of State shall notify the appropriate
congressional committees within 10 days of any decision to
retain authority over or approve decisions at an overseas
post, including the movement of personnel.''.
SEC. 9504. COUNTER-INTELLIGENCE INVESTIGATIONS OF SPECIAL
IMMIGRANT VISA APPLICANTS AT CRITICAL HUMAN
INTELLIGENCE THREAT POSTS.
(a) In General.--The Secretary shall require all principal
officers who are stationed at a Critical Human Intelligence
Threat Post, before recommending any employee or honorably
retired former employee of the United States Government
abroad for special immigrant status, to ensure that such
employees have been subject to an in-depth counter
intelligence investigation conducted by the Regional Security
Office (RSO) assigned to such post and the Department's
Office of Counterintelligence (DS/DO/CI).
(b) Effect of Derogatory Counter-intelligence
Information.--If an investigation conducted pursuant to
subsection (a) reveals derogatory counter-intelligence
information about an employee--
(1) a principal officer described in subsection (a) should
not recommend such employee receive special immigrant status;
and
(2) if applicable, the employee's security certification at
such post shall be adjudicated by the RSO not later than 30
days after the conclusion of such investigation.
SEC. 9505. SECURITY CLEARANCE SUSPENSION PAY FLEXIBILITIES.
Section 610(c)(6) of the Foreign Service Act of 1980 (22
U.S.C. 4010(c)(6)) is amended by striking ``paragraph 1(B)''
and inserting ``this subsection''.
SEC. 9506. MODIFICATION TO NOTIFICATION REQUIREMENT FOR
SECURITY CLEARANCE SUSPENSIONS AND REVOCATIONS.
Section 6710(a)(2) of the Department of State Authorization
Act of 2023 (division F of Public Law 118-31; 22 U.S.C. 2651a
note) is amended by striking ``revocation on'' and all that
follows through ``or revocation'' and inserting ``revocation
on--
``(A) the present employment status of the covered official
and whether the job duties of the covered official have
changed since such suspension or revocation;
``(B) the reason for such suspension or revocation;
``(C) the investigation of the covered official and the
results of such investigation; and
``(D) any negative repercussions for the Department of
State, the United States Government, or the national security
of the United States as a result of the actions for which the
security clearance was suspended or revoked.''.
SEC. 9507. DEPARTMENT OF STATE DOMESTIC PROTECTION MISSION.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Commerce, Science, and Transportation
of the Senate;
(E) the Committee on Foreign Affairs of the House of
Representatives;
(F) the Permanent Select Committee on Intelligence of the
House of Representatives;
(G) the Committee on the Judiciary of the House of
Representatives; and
(H) the Committee on Transportation and Infrastructure of
the House of Representatives.
(2) Budget.--The term ``budget'' means the budget for a
fiscal year submitted by the President to Congress pursuant
to section 1105(a) of title 31, United States Code.
(3) Covered facility or asset.--The term ``covered facility
or asset'' means any facility or asset that--
(A) the Secretary, in coordination with the Federal
Aviation Administration, identifies as high-risk and a
potential target for unlawful unmanned aircraft activity with
respect to potentially impacted airspace, through a risk-
based assessment;
(B) is located in the United States (including the
territories and possessions of the United States);
(C) directly relates to the security and protective
missions of the Department, including missions that are
consistent with--
(i) section 37 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2709); and
(ii) the Omnibus Diplomatic Security and Antiterrorism Act
of 1986 (22 U.S.C. 4801 et seq.); and
(D) is limited to a specified period at a static location
with respect to the fulfillment of personal protection
responsibilities under--
(i) section 37(a)(3) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709); or
(ii) paragraph (1)(D), (2)(B)(vii), or (2)(B)(viii) of
section 103(a) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802(a)).
(4) Electronic communication; intercept; oral
communication; wire communication.--The terms ``electronic
communication'', ``intercept'', ``oral communication'', and
``wire communication'' have the meanings given such terms in
section 2510 of title 18, United States Code.
(5) Personnel.--The term ``personnel'' means officers,
employees, and contractors of the Department who--
(A) have assigned duties involving the safety, security, or
protection of personnel, facilities, or assets; and
(B) have been trained and certified to perform such duties,
including training to counter unmanned aircraft threats and
mitigate risks in the national airspace.
(6) Risk-based assessment.--The term ``risk-based
assessment'' includes an evaluation of--
(A) threat information specific to a covered facility or
asset; and
(B) with respect to potential impacts on the safety and
efficiency of the national airspace system and the needs of
law enforcement and national security at each covered
facility or asset identified by the Secretary--
(i) the potential effects on manned aircraft and unmanned
aircraft systems, aviation safety, airport operations,
infrastructure, and air navigation services related to the
use of any system or technology for carrying out the actions
described in subsection (c)(1);
(ii) options for mitigating any identified impacts to the
national airspace system related to the use of any system or
technology, including minimizing when possible the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (c)(1);
(iii) the potential consequences of the impacts of any
actions described in subsection (c)(1) to the national
airspace system and infrastructure if such actions are not
mitigated;
(iv) the ability to provide reasonable advance notice to
aircraft operators, consistent with the safety of the
national airspace system and the needs of law enforcement and
national security;
(v) the setting and character of any covered facility or
asset, whether located in a populated area or near other
structures, whether the facility is open to the public, and
whether the facility is also used for nongovernmental
functions, and any potential for interference with wireless
communications or for injury or damage to persons or
property, or invasion of privacy interests; and
(vi) the potential consequences to national security,
public safety, or law enforcement if threats posed by
unmanned aircraft systems are not mitigated or resolved.
(7) Unmanned aircraft; unmanned aircraft systems.--The
terms ``unmanned aircraft'' and ``unmanned aircraft system''
have the meanings given such terms in section 44801 of title
49, United States Code.
(b) Authority.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of
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law, the Secretary may authorize appropriate Department
personnel, including personnel and contractors of the Bureau
of Diplomatic Security responsible for the safety, security,
or protection of personnel, facilities, or assets, to take
such actions described in subsection (c)(1) that are
necessary to mitigate a credible threat (as defined by the
Secretary, in consultation with the Federal Aviation
Administration) that an unmanned aircraft system or unmanned
aircraft poses to the safety or security of a covered
facility or asset.
(2) Contractor eligibility.--Contractors authorized
pursuant to paragraph (1) to take actions described in
subsection (c)(1)--
(A) shall be directly contracted by the Department;
(B) shall operate at a facility that is owned or leased by
the Federal Government;
(C) may not conduct inherently governmental functions; and
(D) shall be trained and certified by the Department as
meeting guidance and regulations established by the
Department.
(c) Actions Described.--
(1) In general.--The actions described in this paragraph
are--
(A) detecting, identifying, monitoring, and tracking
unmanned aircraft systems or unmanned aircraft without prior
consent, including by means of intercept or other access of a
wire communication, an oral communication, or an electronic
communication used to control the unmanned aircraft system or
unmanned aircraft;
(B) warning the operator of an unmanned aircraft system or
unmanned aircraft, including by passive or active means and
direct or indirect physical, electronic, radio, and
electromagnetic means;
(C) disrupting control of an unmanned aircraft system or
unmanned aircraft, without prior consent, including by
disabling the unmanned aircraft system or unmanned aircraft
by intercepting, interfering, or causing interference with
wire, oral, electronic, or radio communications used to
control the unmanned aircraft system or unmanned aircraft;
(D) seizing, exercising control of, or otherwise
confiscating an unmanned aircraft system or unmanned
aircraft; and
(E) using reasonable force to disable, damage, or destroy
an unmanned aircraft system or unmanned aircraft.
(2) Research, testing, training, and evaluation.--
(A) In general.--Notwithstanding sections 32, 1030, and
1367 of title 18, United States Code, chapters 119 and 206 of
such title 18, section 705 of the Communications Act of 1934
(47 U.S.C. 605), and section 46502 of title 49, United State
Code, the Secretary shall conduct research, testing, training
on, and evaluation of, any equipment, including electronic
equipment, to determine its capability and utility before
using any such technology for any action described in
paragraph (1).
(B) Eligible personnel.--Personnel, including contractors,
who are not responsible for the safety, security, or
protection of people, facilities, or assets may engage in
research, testing, training, and evaluation activities
pursuant to this section.
(C) Coordination.--The Secretary shall coordinate
procedures governing research, testing, training, and
evaluation for carrying out any provision in this section
with the Administrator of the Federal Aviation Administration
before initiating such activities so the Administrator may
ensure such activities do not adversely impact or interfere
with safe airport operations, navigation, air traffic
services, or the safe and efficient operation of the national
airspace system.
(d) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (b)(1) seized by the
Secretary is subject to forfeiture to the United States
pursuant to chapter 46 of title 18, United States Code.
(e) Rulemaking.--The Secretary and the Secretary of
Transportation, in consultation with the Assistant Secretary
of Commerce for Communications and Information--
(1) may prescribe regulations to carry out this section;
and
(2) shall issue guidance in the respective areas of each
Secretary to carry out this section.
(f) Coordination.--
(1) Developing required actions.--The Secretary, in
coordination with the Administrator of the Federal Aviation
Administration and the Assistant Secretary of Commerce for
Communications and Information, shall develop the actions
described in subsection (c)(1).
(2) Prior coordination.--The Secretary shall coordinate
with the Administrator of the Federal Aviation Administration
before initiating any action authorized under this section to
ensure such action does not adversely impact or interfere
with safe airport operations, navigation, air traffic
services, or the safe and efficient operation of the national
airspace system.
(3) Guidance and regulations.--The Secretary shall
coordinate the development of guidance and regulations under
subsection (e) with--
(A) the Federal Aviation Administration;
(B) the Federal Communications Commission; and
(C) the National Telecommunications and Information
Administration.
(4) Preservation of safe air travel.--Before issuing any
guidance pursuant to subsection (e) or otherwise implementing
this section, the Secretary shall coordinate with the
Administrator of the Federal Aviation Administration to
ensure such guidance or implementation is designed to
preserve--
(A) safe airport operations, navigation, and air traffic
services; and
(B) the safe and efficient operation of the national
airspace system.
(g) Privacy Protection.--The regulations prescribed and the
guidance issued pursuant to subsection (e) shall ensure
that--
(1) the interception or acquisition of, access to, or
maintenance or use of, communications to or from an unmanned
aircraft system under this section is conducted in accordance
with the First and Fourth Amendments to the United States
Constitution and applicable provisions of Federal law;
(2) communications to or from an unmanned aircraft system
are intercepted, acquired, or accessed only to the extent
necessary to support the actions described in subsection (c);
(3) records of such communications are maintained only for
as long as necessary, and in no event more than 180 days,
unless the Secretary determines the maintenance of such
records--
(A) is necessary to investigate or assist in the
prosecution of a violation of law;
(B) is necessary to directly support an ongoing security,
law enforcement, or national defense operations; or
(C) is required under Federal statue, regulation, or for
the purpose of litigation; and
(4) such communications are not disclosed outside the
Department unless such disclosure--
(A) is necessary to investigate or assist in the
prosecution of a violation of law;
(B) would support the Department of Defense, a Federal law
enforcement, intelligence, or security agency, or a State,
local, Tribal, or territorial law enforcement agency;
(C) would support the enforcement activities of a
regulatory agency of the Federal Government in connection
with a criminal or civil investigation of, or any regulatory,
statutory, or other enforcement action relating to, an action
described in subsection (c);
(D) is between the Department and a Federal, State, local,
Tribal, or territorial law enforcement agency in the course
of a security or protection operation of either agency or a
joint operations of such agencies; or
(E) is otherwise required by law.
(h) Budget.--The Secretary shall submit to Congress, as a
part of the budget presentation documents for each fiscal
year beginning after the date of the enactment of this Act, a
consolidated funding display that--
(1) identifies the funding source for the actions described
in subsection (b)(1) within the Department; and
(2) is in unclassified form, but may contain a classified
annex.
(i) Assistance and Support.--
(1) Facilities and services of other agencies and non-
federal entities.--
(A) In general.--The Secretary may use, solicit, or accept
from any other Federal agency, or any other public or private
entity, supplies, services, or funds to facilitate or take
the actions described in subsection (c), with or without
reimbursement and notwithstanding any provision of law that
would prevent such use or acceptance.
(B) Agreements.--In carrying out the security and
protective missions of the Department, the Secretary may
enter into agreements with other executive agencies and
appropriate officials of other non-Federal public or private
agencies or entities, to the extent necessary and proper to
carry out the Secretary's responsibilities under this
section.
(2) Mutual support.--Upon the request of an agency or
department conducting a mission specified in section 210G of
the Homeland Security Act (6 U.S.C. 124n), section 130i of
title 10, United States Code, or section 4510 of the Atomic
Energy Defense Act (50 U.S.C. 2661), the Secretary may
provide support or assistance in fulfilling the requesting
agency's or department's roles and responsibilities for such
mission--
(A) when exigent circumstances exist;
(B) that is limited to a specified period and location;
(C) the costs of which remain within available resources;
(D) that is carried out on a reimbursable or
nonreimbursable basis; and
(E) that is coordinated with the Federal Aviation
Administration.
(j) Semiannual Briefings.--Not later than 6 months after
the date of the enactment of this Act and semiannually
thereafter until the date that is 3 years after such date of
enactment, the Secretary and the Secretary of Transportation
shall jointly provide a briefing to the appropriate
committees of Congress regarding the activities carried out
pursuant to this section, which--
(1) shall include a description of--
(A) policies, programs, and procedures to mitigate or
eliminate impacts of such activities to the National Airspace
System;
(B) instances in which actions described in subsection
(c)(1) have been taken;
(C) the guidance, policies, or procedures established to
address privacy, civil rights, and civil liberties issues
implicated by the actions authorized under this section and
any changes or subsequent efforts that would significantly
affect privacy, civil rights, or civil liberties;
(D) how the Secretary and the Secretary of Transportation
have informed the public as
[[Page S4795]]
to the possible use of authorities under this section;
(E) how the Secretary and the Secretary of Transportation
have engaged with Federal, State, and local law enforcement
agencies to implement and use such authorities; and
(F) the impact of the authorities granted under this
section on lawful operator access to national airspace and
unmanned aircraft system integration into the national
airspace system; and
(2) shall be in unclassified form, but may be accompanied
by an additional classified briefing.
(k) Rule of Construction.--Nothing in this section may be
construed--
(1) to vest in the Secretary any authority of the Secretary
of Transportation or the Administrator of the Federal
Aviation Administration under title 49, United States Code;
and
(2) to vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary.
(l) Sunset Provision.--The authority provided under
subsection (b) shall terminate on the date that is 3 years
after the date of the enactment of this Act.
TITLE VI--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
SEC. 9601. PERSONAL SERVICE AGREEMENT AUTHORITY FOR THE
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
Section 636(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2396(a)) is amended by adding at the end the following
new paragraph:
``(17) employing individuals or organizations, by contract,
for services abroad for purposes of this Act [and title II of
the Food for Peace Act], and individuals employed by contract
to perform such services shall not by virtue of such
employment be considered to be employees of the United States
Government for purposes of any law administered by the Office
of Personnel Management (except that the Administrator of the
United States Agency for International Development may
determine the applicability to such individuals of section 5
of the State Department Basic Authorities Act of 1965 (22
U.S.C. 2672) regarding tort claims when such claims arise in
foreign countries in connection with United States operations
abroad, and of any other law administered by the
Administrator concerning the employment of such individuals
abroad), and such contracts are authorized to be negotiated,
the terms of the contracts to be prescribed, and the work to
be performed, where necessary, without regard to such
statutory provisions as relate to the negotiation, making,
and performance of contracts and performance of work in the
United States.''.
SEC. 9602. CRISIS OPERATIONS AND DISASTER SURGE STAFFING.
Section 625 of the Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended by adding at the end the following
new subsection:
``(k) Crisis Operations and Disaster Surge Staffing.--(1)
The United States Agency for International Development is
authorized to appoint and employ personnel in the excepted
service using funds authorized to be appropriated or
otherwise made available under the heading `Transition
Initiatives' in an Act making appropriations for the
Department of State, Foreign Operations, and Related Programs
to carry out the provisions of part I and chapter 4 of part
II of this Act of and section 509(b) of the Global Fragility
Act of 2019 (title V of division J of Public Law 116-94) to
prevent or respond to foreign crises and contexts with
growing instability;
``(2) Funds authorized to carry out such purposes may be
made available for the operating expenses and administrative
costs of such personnel and may remain attributed to any
minimum funding requirement for which they were originally
made available.
``(3) The Administrator of the United States Agency for
International Development shall coordinate with the Office of
Personnel Management on implementation of this subsection.''.
SEC. 9603. EDUCATION ALLOWANCE WHILE ON MILITARY LEAVE.
Section 908 of the Foreign Service Act of 1980 (22 U.S.C.
4088) is amended by inserting ``or United States Agency for
International Development'' after ``A Department''.
SEC. 9604. INCLUSION OF USAID IN THE PET TRANSPORTATION
EXCEPTION TO THE FLY AMERICA ACT.
Section 6224(a)(1) of the Department of State Authorization
Act of 2023 (division F of Public Law 118-31; 22 U.S.C.
4081a) is amended, in the matter preceding subparagraph (A)--
(1) by striking ``the Department is'' and inserting ``the
Department and the United States Agency for International
Development (USAID) are''; and
(2) by striking ``Department personnel'' and inserting
``Department and USAID personnel''.
TITLE VII--OTHER MATTERS
SEC. 9701. AUTHORIZATION OF APPROPRIATIONS TO PROMOTE UNITED
STATES CITIZEN EMPLOYMENT AT THE UNITED NATIONS
AND INTERNATIONAL ORGANIZATIONS.
(a) In General.--The President should direct United States
departments and agencies to, in coordination with the
Secretary --
(1) fund and recruit Junior Professional Officers for
positions at the United Nations and related specialized and
technical organizations; and
(2) facilitate secondments, details, and transfers to
agencies and specialized and technical bodies of the United
Nations.
(b) Authorization of Appropriations.--There is authorized
to be appropriated an additional $20,000,000 for each of the
fiscal years 2025 through 2031 for the Secretary to support
Junior Professional Officers, details, transfers, and interns
that advance United States interests at multilateral
institutions and international organizations, including to
recruit, train, and host events related to such positions,
and to promote United States citizen candidates for
employment and leadership positions at multilateral
institutions and international organizations.
(c) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(d) Congressional Notification.--Not later than 15 days
prior to the obligation of funds authorized to be
appropriated under this section, the Secretary shall submit
to the appropriate congressional committees and the Committee
on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a notification
outlining the amount and proposed use of such funds.
SEC. 9702. AMENDMENT TO REWARDS FOR JUSTICE PROGRAM.
Section 36(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(b)) is amended--
(1) in paragraph (13), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(15) the restraining, seizing, forfeiting, or
repatriating of stolen assets linked to foreign government
corruption and the proceeds of such corruption.''.
SEC. 9703. PASSPORT AUTOMATION MODERNIZATION.
The Act entitled ``An Act to regulate the issue and
validity of passports, and for other purposes'', approved
July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a), is amended--
(1) by inserting ``and through the use of Department of
State electronic systems,'' after ``the insular possessions
of the United States,''; and
(2) by striking ``person'' and inserting ``entity''.
SEC. 9704. CONCURRENCE PROVIDED BY CHIEFS OF MISSION FOR THE
PROVISION OF DEPARTMENT OF DEFENSE SUPPORT TO
CERTAIN DEPARTMENT OF DEFENSE OPERATIONS.
(a) Notification Required.--Not later than 30 days after
the date on which a chief of mission provides concurrence for
the provision of support by the Department of Defense to
entities or individuals engaged in facilitating or supporting
operations of the Department of Defense within the area of
responsibility of the chief of mission, the Secretary of
State shall notify the appropriate congressional committees
of the provision of such concurrence.
(b) Annual Report Required.--Not later than January 31 of
each year, the Secretary shall submit to the appropriate
congressional committees a report that includes the
following:
(1) A description of any support described in subsection
(a) that was provided with the concurrence of a chief of
mission during the calendar year preceding the calendar year
in which the report is submitted.
(2) An analysis of how the support described in paragraph
(1) complements diplomatic lines of effort of the Department
of State, including--
(A) Nonproliferation, Anti-terrorism, Demining, and Related
Programs (NADR) and associated Anti-Terrorism Assistance
(ATA) programs;
(B) International Narcotics Control and Law Enforcement
(INCLE) programs; and
(C) Foreign Military Sales (FMS), Foreign Military
Financing (FMF), and associated training programs.
SEC. 9705. EXTENSION OF CERTAIN PAYMENT IN CONNECTION WITH
THE INTERNATIONAL SPACE STATION.
Section 7(1) of Public Law 106-178 (50 U.S.C. 1701 note) is
amended, in the undesignated matter following subparagraph
(B), by striking ``December 31, 2025'' and inserting
``December 31, 2030''.
SEC. 9706. SUPPORT FOR CONGRESSIONAL DELEGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) congressional travel is essential to fostering
international relations, understanding global issues first-
hand, and jointly advancing United States interests abroad;
and
(2) only in close coordination and thanks to the dedication
of personnel at United States embassies, consulates, and
other missions abroad can the success of these vital trips be
possible.
(b) In General.--The Secretary shall reaffirm to all
diplomatic posts the importance of Congressional travel and
shall require all such posts to support congressional travel
by members and staff of the appropriate congressional
committees fully, by making such support available on any day
of the week, including Federal and local holidays and, to the
extent practical, requiring the direct involvement of mid-
level or senior officers.
(c) Exception for Simultaneous High-level Visits.--The
requirement under subsection (a) does not apply in the case
of a simultaneous visit from the President, the
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First Lady or First Gentleman, the Vice President, the
Secretary of State, or the Secretary of Defense.
(d) Training.--The Secretary shall require all designated
control officers to have been trained on supporting
congressional travel at posts abroad prior to the assigned
congressional visit.
SEC. 9707. ELECTRONIC COMMUNICATION WITH VISA APPLICANTS.
Section 833(a)(5)(A) of the International Marriage Broker
Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)) is amended
by adding at the end the following new clause:
``(vi) Mailings under this subsection may be transmitted by
electronic means, including electronic mail. The Secretary of
State may communicate with visa applicants using personal
contact information provided to them or to the Secretary of
Homeland Security by the applicant, petitioner, or designated
agent or attorney.''.
SEC. 9708. ELECTRONIC TRANSMISSION OF VISA INFORMATION.
Section 222 of the Immigration and Nationality Act (8
U.S.C. 1202) is amended by adding at the end the following
new subsection:
``(i) Electronic Transmission.--Notwithstanding any other
provision of the immigration laws (as such term is defined in
section 101(a)(17) of this Act (8 U.S.C. 1101(a)(17)), all
requirements in the immigration laws for communications with
visa applicants shall be deemed satisfied if electronic
communications are sent to the applicant using personal
contact information at an address for such communications
provided by the applicant, petitioner, or designated agent or
attorney. The Secretary of State shall take appropriate
actions to allow applicants to update their personal contact
information and to ensure that electronic communications can
be securely transmitted to applicants.''.
SEC. 9709. MODIFICATION TO TRANSPARENCY ON INTERNATIONAL
AGREEMENTS AND NON-BINDING INSTRUMENTS.
Section 112b of title 1, United States Code, as most
recently amended by section 5947 of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 3476), is further amended--
(1) by redesignating subsections (h) through (l) as
subsections (i) through (m), respectively; and
(2) by inserting after subsection (g) the following new
subsections:
``(h)(1) If the Secretary is aware or has reason to believe
that the requirements of subsection (a), (b), or (c) have not
been fulfilled with respect to an international agreement or
qualifying non-binding instrument, the Secretary shall--
``(A) immediately bring the matter to the attention of the
office or agency responsible for the agreement or qualifying
non-binding instrument; and
``(B) request the office or agency to provide within 7 days
the text or other information necessary to fulfill the
requirements of the relevant subsection.
``(2) Upon receiving the text or other information
requested pursuant to paragraph (1), the Secretary shall--
``(A) fulfill the requirements of subsection (a), (b), or
(c), as the case may be, with respect to the agreement or
qualifying non-binding instrument concerned--
``(i) by including such text or other information in the
next submission required by subsection (a)(1);
``(ii) by providing such information in writing to the
Majority Leader of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, and the
appropriate congressional committees before provision of the
submission described in clause (i); or
``(iii) in relation to subsection (b), by making the text
of the agreement or qualifying non-binding instrument and the
information described in subparagraphs (A)(iii) and (B)(iii)
of subsection (a)(1) relating to the agreement or instrument
available to the public on the website of the Department
within 15 days of receiving the text or other information
requested pursuant to paragraph (1); and
``(B) provide to the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, and the appropriate congressional
committees, either in the next submission required by
subsection (a)(1) or before such submission, a written
statement explaining the reason for the delay in fulfilling
the requirements of subsection (a), (b), or (c), as the case
may be.''.
SEC. 9710. INCLUSION OF COST ASSOCIATED WITH PRODUCING
REPORTS.
(a) Estimated Cost of Reports.--Beginning on October 1,
2026, and for the next three fiscal years, the Secretary
shall require that any report produced for external
distribution, including for distribution to Congress, include
the total estimated cost of producing such report and the
estimated number of personnel hours.
(b) Annual Total Cost of Reports.--Not later than 90 days
after the end of each fiscal year, beginning with fiscal year
2025, and for the next three fiscal years, the Secretary
shall submit to the appropriate congressional committees an
annual report listing the reports issued for the prior fiscal
year, the frequency of each report, the total estimated cost
associated with producing such report, and the estimated
number of personnel hours.
SEC. 9711. EXTRATERRITORIAL OFFENSES COMMITTED BY UNITED
STATES NATIONALS SERVING WITH INTERNATIONAL
ORGANIZATIONS.
(a) Jurisdiction.--Whoever, while a United States national
or lawful permanent resident serving with the United Nations,
its specialized agencies, or other international organization
the Secretary has designated for purposes of this section and
published in the Federal Register, or while accompanying such
an individual, engages in conduct, or conspires or attempts
to engage in conduct, outside the United States that would
constitute an offense punishable by imprisonment for more
than 1 year if the conduct had been engaged in within the
special maritime and territorial jurisdiction of the United
States, shall be subject to United States jurisdiction in
order to be tried for that offense.
(b) Definitions.--In this section:
(1) Accompanying such individual.--The term ``accompanying
such individual'' means--
(A) being a dependent or family member of a United States
national or lawful permanent resident serving with the United
Nations, its specialized agencies, or other international
organization designated under subsection (a);
(B) residing with such United States national or lawful
permanent resident serving with the United Nations, its
specialized agencies, or other international organization
designated under subsection (a); and
(C) not being a national of or ordinarily resident in the
country where the offense is committed.
(2) Serving with the united nations, its specialized
agencies, or other international organization as the
secretary of state may designate.--The term ``serving with
the United Nations, its specialized agencies, or other
international organization as the Secretary of State may
designate'' under subsection (a) means--
(A) being a United States national or lawful permanent
resident employed as an employee, a contractor (including a
subcontractor at any tier), an employee of a contractor (or a
subcontractor at any tier), an expert on mission, or an
unpaid intern or volunteer of the United Nations, including
any of its funds, programs or subsidiary bodies, or any of
the United Nations specialized agencies, or of any
international organization designated under subsection (a);
and
(B) being present or residing outside the United States in
connection with such employment.
(3) United states national.--The term ``United States
national'' has the meaning given the term ``national of the
United States'' in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(c) Rules of Construction.--Nothing in this section shall
be construed to limit or affect the application of
extraterritorial jurisdiction related to any other Federal
law.
SEC. 9712. EXTENSIONS.
(a) Passport Fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
striking ``September 30, 2010'' and inserting ``September 30,
2026''.
(b) USAID Civil Service Annuitant Waiver.--Section
625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)(B)) shall be applied by striking ``October 1,
2010'' and inserting ``September 30, 2026''.
(c) Overseas Pay Comparability and Limitation.--
(1) In general.--The authority provided under section 1113
of the Supplemental Appropriations Act, 2009 (Public Law 111-
32; 123 Stat. 1904) shall remain in effect through September
30, 2026.
(2) Limitation.--The authority described in paragraph (1)
may not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904))
a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of
title 5, United States Code, if such member's official duty
station were in the District of Columbia.
(d) Inspector General Annuitant Waiver.--The authorities
provided under section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212; 124 Stat.
2332)--
(1) shall remain in effect through September 30, 2026; and
(2) may be used to facilitate the assignment of persons for
oversight of programs in Somalia, South Sudan, Syria,
Venezuela, and Yemen.
(e) Security Review Committees.--The authority provided
under section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
remain in effect for facilities in Afghanistan and shall
apply to facilities in Ukraine through September 30, 2026,
except that the notification and reporting requirements
contained in such section shall include the appropriate
congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives.
______
SA 2466. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for
[[Page S4797]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PEPFAR EXTENSION.
(a) Inspectors General; Annual Study.--Section 101 of the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (22 U.S.C. 7611) is amended--
(1) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``March 25 of fiscal
year 2025'' and inserting ``2030''; and
(B) in subparagraph (C)(iv)--
(i) by striking ``eleven'' and inserting ``16''; and
(ii) by striking ``2025'' and inserting ``2030'';
(2) in subsection (g)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``March 25, 2025'' and inserting ``September
30, 2030''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``2025'' and inserting
``2030''; and
(ii) by striking ``March 25, 2025'' and inserting
``September 30, 2030''.
(b) United States Financial Participation in the Global
Fund to Fight AIDS, Tuberculosis, and Malaria.--Section
202(d) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d)) is
amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``March 25 of fiscal year
2025'' and inserting ``2030'';
(ii) in clause (ii), by striking ``March 25 of fiscal year
2025'' and inserting ``2030''; and
(iii) by striking clause (v); and
(B) in subparagraph (B)(iii), by striking ``March 25 of
fiscal year 2025'' and inserting ``2030''; and
(2) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``2024 and for fiscal year 2025 through
March 25 of such fiscal year'' and inserting ``2030''.
(c) Allocation of Funds.--Section 403 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7673) is amended--
(1) in subsection (b), by striking ``2024 and fiscal year
2025 through March 25 of such fiscal year'' and inserting
``2030''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``2024 and for fiscal year 2025 through
March 25 of such fiscal year'' and inserting ``2030''.
______
SA 2467. Mr. MERKLEY (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. EXTENSION OF EXPORT PROHIBITION ON MUNITIONS ITEMS
TO THE HONG KONG POLICE FORCE.
Section 3 of the Act entitled ``An Act to prohibit the
commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-
77; 133 Stat. 1174), is amended by striking ``shall expire''
and all that follows and inserting ``shall expire on the date
on which the President certifies to the appropriate
congressional committees that--
``(1) the Secretary of State has, on or after the date of
the enactment of this paragraph, certified under section 205
of the United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5725) that Hong Kong warrants treatment under United States
export control laws and regulations in the same manner as
such laws were applied to Hong Kong before July 1, 1997;
``(2) the Hong Kong Police have not engaged in gross
violations of human rights during the 1-year period ending on
the date of such certification; and
``(3) there has been an independent examination of human
rights concerns related to the crowd control tactics of the
Hong Kong Police and the Government of the Hong Kong Special
Administrative Region has adequately addressed those
concerns.''.
______
SA 2468. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10.__ PROHIBITION ON EXPORT OF CRUDE AND REFINED OIL AND
CERTAIN PETROLEUM PRODUCTS TO THE PEOPLE'S
REPUBIIC OF CHINA
(a) In General.--The Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.) is amended by inserting after section
101 the following:
``SEC. 102. PROHIBITION ON EXPORT OF CERTAIN PETROLEUM
PRODUCTS TO THE PEOPLES REPUBIC OF CHINA.
(a) In General.--Notwithstanding any other provision of
law, no petroleum product described in subsection (b) that is
produced in the United States may be exported from the United
States to the People's Republic of China.
``(b) Petroleum Product Described.--A petroleum product
referred to in subsection (a) is
``(1) crude oil;
``(2) refined oil or a refined oil product;
``(3) residual fuel oil; or
``(4) any other petroleum product (other than natural gas
or any natural gas liquid product).
(c) Applicability.--
(1) Petrolium products in transport.--Subsection (a) shall
not apply to any petroleum product described in subsection
(b) that is in theprocess of being transported from the
United States to the People's Republic of China as of the
date on which the prohibition under that subsection takes
effect pursuant to subsection (d).
``(2) Naturatl gas.--Subsection (a) does not apply to
natural gas or any natural gas liquid product.
(d) ``Effective Date.--The prohibition described in
subsection (a) shall take effect on the date that is 10 days
after the date of enactment of the China Oil Export
Prohibition Act of 2023.''.
(b) Clerical Amendment--The table of contents for the Energy
Policy and Conservation Act (Public Law 94-163; 89 Stat. 871;
114 Stat. 2034) is amended by inserting after the item
relating to section 101 the following:
``Sec. 102. Prohibition on export of certain petroleum products to
the People's Republic of China.''.
(c) Conforming Amendment.--Section 101(b) of division O of
the Consolidated Appropriations Act, 2016 (42 U.S.C.
6212a(b)) is amended by inserting ``and section 102 of the
Energy Policy and Conservation Act'' after ``subsections (c)
and (d)''.
______
SA 2469. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DENIAL OF ASYLUM TO MEMBERS OF A COMMUNIST OR
OTHER TOTALITARIAN PARTY.
Section 208(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(vii) the alien is described in section 212(a)(3)(D)(i),
except as provided in subparagraph (B)(iii).''; and
(2) in subparagraph (B), by adding at the end the
following:
``(iii) Exception to party membership.--
``(I) In general.--Notwithstanding subparagraph (A)(vii),
an alien who is described in section 212(a)(3)(D)(i) may be
granted asylum pursuant to paragraph (1) if--
``(aa) the alien--
``(AA) has, before applying for asylum and through a
service approved by the Federal Government, publicly
renounced his or her membership in the Communist or
totalitarian party of which the alien was a member or with
which the alien was affiliated and denounces such party
during the asylum adjudication process; and
``(BB) establishes, to the satisfaction of the Attorney
General or the Secretary of Homeland Security, that the
membership or affiliation of the alien with a Communist or
totalitarian party is or was involuntary, limited to a period
when the alien was younger than 16 years of age, automatic,
by operation of law, without the alien's personal
acquiescence, or solely for the purpose of obtaining
employment, food rations, or other living essentials; and
``(bb) the Attorney General or the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence, determines that the alien is not a danger to
the security of the United States.
``(iv) Waiver.--
``(I) In general.--In the case of an alien described in
section 212(a)(3)(D)(i) who is not eligible for asylum under
clause (iii), the Attorney General or the Secretary of
Homeland Security may waive the application of such section
if the Attorney General or the Secretary, in consultation
with the Director of National Intelligence, determines that
such alien has significant information relating to national
security.
``(II) Conditions.--An alien may only be granted a waiver
under this clause if--
[[Page S4798]]
``(aa) the alien, through a service approved by the Federal
Government, publicly renounces his or her membership in the
Communist or totalitarian party of which the alien was a
member or with which the alien was affiliated and denounces
such party during the asylum adjudication process; and
``(bb) the Attorney General or the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence, determines that the alien is not a danger to
the security of the United States.''.
______
SA 2470. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. DUTIES ON MOTOR VEHICLES PRODUCED IN OR BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Notwithstanding any other provision of
law, there shall be imposed with respect to each covered
article imported into the United States a duty of $20,000,
subject to adjustment under subsection (b).
(b) Adjustment of Duty for Inflation.--
(1) In general.--The Secretary of the Treasury shall adjust
the amount of the duty provided for under subsection (a) on
October 1, 2025, and at the beginning of each fiscal year
thereafter, to reflect the percentage (if any) of the
increase in the average of the Consumer Price Index for the
preceding 12-month period compared to the Consumer Price
Index for fiscal year 2024.
(2) Special rules for calculation of adjustment.--In
adjusting under paragraph (1) the amount of the duty provided
for under subsection (a), the Secretary--
(A) shall round the amount of any increase in the Consumer
Price Index to the nearest dollar; and
(B) may ignore any such increase of less than 1 percent.
(c) Definitions.--In this section:
(1) Consumer price index.--The term ``Consumer Price
Index'' means the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.
(2) Control.--The term ``control'' has the meaning given
that term in section 800.208 of title 31, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act).
(3) Covered article.--The term ``covered article'' means an
article--
(A) classified under chapter 8703 of the Harmonized Tariff
Schedule of the United States; and
(B) produced or manufactured, or that underwent final
assembly--
(i) in the People's Republic of China; or
(ii) by a person of the People's Republic of China.
(4) Entity owned, controlled, directed, or operated by a
person of the people's republic of china.--The term ``entity
owned, controlled, directed, or operated by a person of the
People's Republic of China'' includes any entity for which,
on any date during the most recent 12-month period, not less
than 25 percent of the equity interests in such entity are
held directly or indirectly by 1 or more persons of the
People's Republic of China, including through--
(A) interests in co-investment vehicles, joint ventures, or
similar arrangements; or
(B) a derivative financial instrument or contractual
arrangement between the entity and a person of the People's
Republic of China, including any such instrument or contract
that seeks to replicate any financial return with respect to
such entity or interest in such entity.
(5) Person of the people's republic of china.--The term
``person of the People's Republic of China'' means--
(A) the Government of the People's Republic of China;
(B) any agency, instrumentality, official, or agent of that
Government;
(C) any entity the headquarters of which are located in the
People's Republic of China;
(D) any entity organized under the laws of the People's
Republic of China;
(E) any entity substantively involved in the industrial
policies or military-civil fusion strategy of the People's
Republic of China, including by accepting funding from,
performing a service for, or receiving a subsidy from the
People's Republic of China related to such policies or
strategy; or
(F) any entity owned, controlled, directed, or operated by
an entity described in any of subparagraphs (A) through (E).
______
SA 2471. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1291. CLARIFICATION OF COUNTRY OF ORIGIN OF CERTAIN
PASSENGER MOTOR VEHICLES.
(a) In General.--On and after the date that is 180 days
after the date of the enactment of this Act, any article
classified under heading 8703 of the Harmonized Tariff
Schedule of the United States and produced, manufactured, or
that underwent final assembly by a foreign adversary party or
an entity owned, controlled, directed, or operated by a
foreign adversary party shall be treated as originating in
the foreign adversary.
(b) Definitions.--In this section:
(1) Control.--The term ``control'' has the meaning given
that term in section 800.208 of title 31, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act).
(2) Entity owned, controlled, directed, or operated by a
foreign adversary party.--The term ``entity owned,
controlled, directed, or operated by a foreign adversary
party'' includes any entity for which, on any date during the
most recent 12-month period, not less than 25 percent of the
equity interests in such entity are held directly or
indirectly by 1 or more foreign adversary parties including
through--
(A) interests in co-investment vehicles, joint ventures, or
similar arrangements; or
(B) a derivative financial instrument or contractual
arrangement between the entity and a foreign adversary party,
including any such instrument or contract that seeks to
replicate any financial return with respect to such entity or
interest in such entity.
(3) Foreign adversary.--The term ``foreign adversary''
means any of the following:
(A) The People's Republic of China.
(B) The Russian Federation.
(C) The Islamic Republic of Iran.
(D) The Democratic People's Republic of Korea.
(E) The Republic of Cuba.
(F) Venezuela, while Nicolas Maduro is the president.
(G) The Syrian Arab Republic.
(4) Foreign adversary party.--
(A) In general.--The term ``foreign adversary party'' means
any of the following:
(i) The government of a foreign adversary, including any
agency, government instrumentality, official, or agent of
such a government.
(ii) Any entity organized under the laws of a foreign
adversary (or any political subdivision thereof).
(iii) Any entity the headquarters of which is located
within a foreign adversary.
(B) Inclusion of certain entities of the people's republic
of china.--The term ``foreign adversary party'' includes any
entity substantively involved in the industrial policies or
military-civil fusion strategy of the People's Republic of
China, including by accepting funding from, performing a
service for, or receiving a subsidy from the People's
Republic of China related to such policies or strategy.
______
SA 2472. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F ot title XII, add the following:
SEC. 1291. REQUIREMENT FOR VEHICLES TO COMPLY WITH UNITED
STATES-MEXICO-CANADA AGREEMENT TO QUALIFY FOR
CERTAIN FEDERAL PROGRAMS.
(a) Tax Credits for Clean Vehicles.--
(1) Clean vehicle credit.--Section 30D(d) of the Internal
Revenue Code of 1986 is amended--
(A) in paragraph (1)(G), by striking ``the final assembly
of which occurs within North America'' and inserting ``which
qualifies as an originating good under section 202 of the
United States-Mexico-Canada Agreement Implementation Act (19
U.S.C. 4531)'', and
(B) by striking paragraph (5).
(2) Credit for qualified commercial clean vehicles.--
Paragraph (1) of section 45W(c) of such Code is amended by
striking ``section 30D(d)(1)(C)'' and inserting
``subparagraphs (C) and (G) of section 30D(d)(1)''.
(3) Previously-owned clean vehicles.--Clause (i) of section
25E(c)(1)(D) of such Code is amended by inserting ``(G),''
after ``(F),''.
(4) Effective date.--The amendments made by this subsection
shall apply to vehicles acquired after the date of the
enactment of this Act.
(b) Public School Energy Improvement Program.--Section
40541(f) of the Investment Infrastructure and Jobs Act (42
U.S.C. 18831(f)) is amended by adding at the end the
following:
``(5) USMCA-compliant vehicle requirement.--
``(A) Definition of usmca-compliant vehicle.--In this
paragraph, the term `USMCA-compliant vehicle' means a vehicle
that qualifies as an originating good under section 202 of
the United States-Mexico-Canada Agreement Implementation Act
(19 U.S.C. 4531).
``(B) Requirement.--Any alternative fueled vehicle
purchased using a grant under this
[[Page S4799]]
section shall be required to be a USMCA-compliant vehicle.''.
(c) State Energy Program.--Section 362 of the Energy Policy
and Conservation Act (42 U.S.C. 6322) is amended by adding at
the end the following:
``(h) USMCA-Compliant Vehicle Requirement.--
``(1) Definition of usmca-compliant vehicle.--In this
subsection, the term `USMCA-compliant vehicle' means a
vehicle that qualifies as an originating good under section
202 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4531).
``(2) Requirement.--Subject to paragraph (3), any vehicle
purchased as part of a State energy conservation plan shall
be required to be a USMCA-compliant vehicle.
``(3) More stringent state law.--The requirement under
paragraph (2) shall not apply in the case of a State energy
conservation plan that requires vehicles purchased under the
plan to be produced in the United States.''.
(d) Bus and Bus Facilities Grant Program.--Section 5339(b)
of title 49, United States Code, is amended by adding at the
end the following:
``(12) USMCA requirement.--
``(A) USMCA-compliant vehicle.--In this paragraph, the term
`USMCA-compliant vehicle' means a vehicle that qualifies as
an originating good under section 202 of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531).
``(B) Requirement.--Any bus replaced, purchased, or leased
using a grant under this subsection shall be a USMCA-
compliant vehicle.''.
(e) Low or No Emission Public Transportation Funding
Program.--Section 5339(c) of title 49, United States Code, is
amended by adding at the end the following:
``(9) USMCA requirement.--
``(A) USMCA-compliant vehicle.--In this paragraph, the term
`USMCA-compliant vehicle' means a vehicle that qualifies as
an originating good under section 202 of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531).
``(B) Requirement.--Any vehicle acquired or leased using a
grant under this subsection shall be a USMCA-compliant
vehicle.''.
(f) Clean School Bus Program.--Section 741(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16091(a)) is amended--
(1) in paragraph (3)--
(A) by redesignating subparagraph (B) as clause (ii);
(B) in subparagraph (A), by striking ``(A) the
Administrator'' and inserting the following:
``(B)(i) the Administrator''; and
(C) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) qualifies as an originating good under section 202 of
the United States-Mexico-Canada Agreement Implementation Act
(19 U.S.C. 4531); and''; and
(2) in paragraph (8)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``that is certified'' and
inserting the following: ``that--
``(A) qualifies as an originating good under section 202 of
the United States-Mexico-Canada Agreement Implementation Act
(19 U.S.C. 4531); and
``(B) is certified''.
(g) Clean Heavy-Duty Vehicles Program.--Section 132(d)(5)
of the Clean Air Act (42 U.S.C. 7432(d)(5)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(2) in the matter preceding clause (i) (as so
redesignated), by striking ``vehicle that has'' and inserting
the following: ``vehicle that--
``(A) qualifies as an originating good under section 202 of
the United States-Mexico-Canada Agreement Implementation Act
(19 U.S.C. 4531); and
``(B) has''.
______
SA 2473. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. TRUSTED FOREIGN AUDITING.
(a) Inspection of Registered Public Accounting Firms.--
Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (C) and (D), respectively; and
(B) by inserting before subparagraph (C), as so
redesignated, the following:
``(A) the term `compromised auditor' means, with respect to
a registered public accounting firm, an independent branch or
office of that firm (or a subsidiary of such a branch or
office) that--
``(i) is subject to the jurisdiction and laws of the
government of a covered country;
``(ii) is directly or indirectly controlled, directed, or
materially influenced by a covered country;
``(iii) has a manager or owner, or conducts any operation,
that is subject to the direct influence of a covered country;
or
``(iv) has entered into any arrangement, agreement, or
relationship with the government or political party of a
covered country that could compromise the objectivity,
integrity, or independence of the branch, office, or
subsidiary in performing auditing or attestation services;
``(B) the term `covered country' means--
``(i) any country (including any special administrative
region of such country) identified as a threat to the
national security of the United States in the most recent
report submitted to Congress by the Director of National
Intelligence pursuant to section 108B of the National
Security Act of 1947 (50 U.S.C. 3043b) (commonly referred to
as the `Annual Threat Assessment'); or
``(ii) any covered nation (as defined in section 4872(d)(2)
of title 10, United States Code);'';
(2) in paragraph (2)(A)--
(A) in the matter preceding clause (i), by striking
``paragraph (1)(A)'' and inserting ``paragraph (1)(C)''; and
(B) in clause (ii), by inserting ``is a compromised auditor
that'' before ``the Board is unable''; and
(3) by adding at the end the following:
``(5) Trading prohibition.--If a covered issuer that is
headquartered in a country of concern retains a compromised
auditor to prepare an audit report described in paragraph
(2)(A) for the covered issuer, the trading prohibition
described in paragraph (3) shall apply to the covered
issuer.''.
(b) Public Hearings.--Section 105(c) of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7215(c)) is amended by striking
paragraph (2) and inserting the following:
``(2) Public hearings.--
``(A) Definitions.--In this paragraph, the terms
`compromised auditor' and `covered issuer' have the meanings
given those terms in section 104(i)(1).
``(B) Conditions.--Hearings under this section shall not be
public, unless--
``(i) a compromised auditor retained by a covered issuer is
a party to the hearing; or
``(ii) otherwise ordered by the Board for good cause shown,
with the consent of the parties to such hearing.''.
______
SA 2474. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10____. MORATORIUM ON ENERGY DEVELOPMENT IN CERTAIN
AREAS OF GULF OF MEXICO.
(a) Definitions.--In this section:
(1) Military mission line.--The term ``Military Mission
Line'' has the meaning given the term in section 102 of the
Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331
note; Public Law 109-432).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Moratorium.--Effective during the period beginning on
the date of enactment of this Act and ending on June 30,
2032, the Secretary shall not offer for leasing, preleasing,
or any related activity for energy development of any kind--
(1) any area east of the Military Mission Line in the Gulf
of Mexico; or
(2) any area of the outer Continental Shelf described in
subparagraph (A), (B), or (C) of paragraph (2) of subsection
(d), if oil, gas, wind, or any other form of energy
exploration, leasing, or development in that area has been
identified in a report under that subsection as having any
adverse effect on the national security of the United States
or the military readiness or testing capabilities of the
Department of Defense.
(c) Environmental Exceptions.--Notwithstanding subsection
(b), the Secretary may issue leases in areas described in
that subsection for environmental conservation purposes,
including the purposes of shore protection, beach nourishment
and restoration, wetlands restoration, and habitat
protection.
(d) Reports.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and not later than June 30, 2031, the
Secretary of Defense shall submit to the Committees on
Appropriations and Armed Services of the Senate and the
Committees on Appropriations and Armed Services of the House
of Representatives a report that describes the impact of oil,
gas, wind, and any other form of energy exploration, leasing,
or development in areas of the outer Continental Shelf
described in paragraph (2) on the national security of the
United States and the military readiness and testing
capabilities of the Department of Defense.
(2) Areas described.--The areas of the outer Continental
Shelf referred to in paragraph (1) are the following:
(A) Any area west of the Military Mission Line in the
Eastern Gulf of Mexico Planning Area.
(B) The South Atlantic Planning Area.
(C) The Straits of Florida Planning Area.
[[Page S4800]]
______
SA 2475. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, 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. 910. ELIMINATION OF THE CHIEF DIVERSITY OFFICER OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--
(1) Repeal of position.--
(A) In general.--Section 147 of title 10, United States
Code, is repealed.
(B) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by striking
the item relating to section 147.
(2) Conforming repeal.--Section 913 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3802) is repealed.
(b) Prohibition on Establishment of Similar Positions.--No
Federal funds may be obligated or expended to establish a
position within the Department of Defense that is the same as
or substantially similar to--
(1) the position of Chief Diversity Officer, as described
in section 147 of title 10, United States Code, as such
section was in effect on the day before the date of the
enactment of this Act; or
(2) the position of Senior Advisor for Diversity and
Inclusion, as described in section 913(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3803), as
such section was in effect on the day before the date of the
enactment of this Act.
______
SA 2476. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title V, add the following:
Subtitle L--Ensuring Military Readiness Act of 2024
SEC. 599E. SHORT TITLE.
This subtitle may be cited as the ``Ensuring Military
Readiness Act of 2024''.
SEC. 599F. LIMITATIONS ON MILITARY SERVICE BY INDIVIDUALS WHO
IDENTIFY AS TRANSGENDER.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall prescribe
regulations regarding service of individuals who identify as
transgender as follows:
(1) Persons who identify as transgender with a history of
diagnosis of gender dysphoria are disqualified from military
service except under the following limited circumstances:
(A) Individuals may serve in the Armed Forces if they have
been stable for 36 consecutive months in their biological sex
prior to accession.
(B) Members of the Armed Forces diagnosed with gender
dysphoria after entering into service may be retained if they
do not undergo gender transition procedures and remain
deployable within applicable retention standards for their
biological sex.
(C) Members of the Armed Forces serving as of the date of
the enactment of this Act who have been diagnosed with gender
dysphoria may continue to serve only in their biological sex,
irrespective of any changes previously made to their gender
marker in the Defense Enrollment Eligibility Reporting System
(DEERS), and receive medically necessary treatment for gender
dysphoria. Such treatment may not include gender transition
procedures.
(2) Persons who identify as transgender who seek or have
undergone gender transition are disqualified from military
service.
(3) Persons who identify as transgender without a history
or diagnosis of gender dysphoria, who are otherwise qualified
for service and meet all physical and mental requirements,
may serve in the Armed Forces in their biological sex.
SEC. 599G. REVISED REGULATIONS REGARDING GENDER MARKINGS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall prescribe
regulations updating the Defense Enrollment Eligibility
Reporting System (DEERS) to require the gender markers for
members of the Armed Forces to match their biological sex,
irrespective of any previous changes allowed.
SEC. 599H. DEFINITIONS.
In this subtitle:
(1) Cross-sex hormones.--The term ``cross-sex hormones''
means testosterone or other androgens given to biological
females at doses that are profoundly larger or more potent
than would normally occur naturally in healthy biological
females, or estrogen given to biological males at doses that
are profoundly larger or more potent than would normally
occur naturally in healthy biological males.
(2) Gender.--The term ``gender'' means the psychological,
behavioral, social, and cultural aspects of being male or
female.
(3) Gender dysphoria.--The term ``gender dysphoria'' means
a marked incongruence between one's experienced or expressed
gender and biological sex.
(4) Gender transition.--The term ``gender transition''
means the process by which a person goes from identifying
with and living as a gender that corresponds to his or her
biological sex to identifying with and living as a gender
different from his or her biological sex, and may involve
social, legal, or physical changes.
(5) Gender transition procedures.--The term ``gender
transition procedures''--
(A) means--
(i) any medical or surgical intervention, including
physician's services, inpatient and outpatient hospital
services, or prescribed drugs related to gender transition,
that seeks to alter or remove physical or anatomical
characteristics or features that are typical for the
individual's biological sex or to instill or create
physiological or anatomical characteristics that resemble a
sex different from the individual's birth sex, including
medical services that provide puberty-blocking drugs, cross-
sex hormones, or other mechanisms to promote the development
of feminizing or masculinizing features (in the opposite
sex); and
(ii) genital or non-genital gender transition surgery
performed for the purpose of assisting an individual with a
gender transition; and
(B) does not include--
(i) services to those born with a medically verifiable
disorder of sex development, including a person with external
biological sex characteristics that are irresolvably
ambiguous, such as those born with 46 XX chromosomes with
virilization, 46 XY chromosomes with undervirilization, or
having both ovarian and testicular tissue;
(ii) services provided when a physician has otherwise
diagnosed a disorder of sexual development, in which the
physician has determined through genetic or biochemical
testing that the person does not have normal sex chromosome
structure, sex steroid hormone production, or sex steroid
hormone action for a biological male or biological female; or
(iii) the treatment of any infection, injury, disease, or
disorder that has been caused by or exacerbated by the
performance of gender transition procedures, whether or not
the gender transition procedure was performed in accordance
with State and Federal law or whether or not funding for the
gender transition procedure is permissible.
(6) Gender transition surgery.--The term ``gender
transition surgery'' means any medical or surgical service
that seeks to surgically alter or remove healthy physical or
anatomical characteristics or features that are typical for
the individual's biological sex in order to instill or create
physiological or anatomical characteristics that resemble a
sex different from the individual's birth sex, including
genital or non-genital gender reassignment surgery performed
for the purpose of assisting an individual with a gender
transition.
(7) Genital gender transition surgery.--The term ``genital
gender transition surgery'' includes surgical procedures such
as penectomy, orchiectomy, vaginoplasty, clitoroplasty, or
vulvoplasty for biologically male patients or hysterectomy,
ovariectomy, reconstruction of the fixed part of the urethra
with or without a metoidioplasty or a phalloplasty,
vaginectomy, scrotoplasty, or implantation of erection or
testicular prostheses for biologically female patients, when
performed for the purpose of assisting an individual with a
gender transition.
(8) Non-genital gender transition surgery.--The term ``non-
genital gender transition surgery''--
(A) includes, when performed for the purpose of assisting
an individual with a gender transition--
(i) surgical procedures such as augmentation mammoplasty,
facial feminization surgery, liposuction, lipofilling, voice
surgery, thyroid cartilage reduction, gluteal augmentation
(implants or lipofilling), hair reconstruction, or various
aesthetic procedures for biologically male patients; or
(ii) subcutaneous mastectomy, voice surgery, liposuction,
lipofilling, pectoral implants or various aesthetic
procedures for biologically female patients; and
(B) does not include any procedure undertaken because the
individual suffers from a physical disorder, physical injury,
or physical illness that would, as certified by a physician,
place the individual in imminent danger of death or
impairment of major bodily function unless surgery is
performed, unless the procedure is for the purpose of a
gender transition.
(9) Puberty-blocking drugs.--The term ``puberty-blocking
drugs'' means, when used to delay or suppress pubertal
development in children for the purpose of assisting an
individual with a gender transition--
(A) Gonadotropin-releasing hormone (GnRH) analogues or
other synthetic drugs used in biological males to stop
luteinizing hormone secretion and therefore testosterone
secretion; and
(B) synthetic drugs used in biological females that stop
the production of estrogen and progesterone.
(10) Sex; birth sex; biological sex.--The terms ``sex'',
``birth sex,'' and ``biological
[[Page S4801]]
sex'' refer to the biological indication of male and female
in the context of reproductive potential or capacity, such as
sex chromosomes, naturally occurring sex hormones, gonads,
and non-ambiguous internal and external genitalia present at
birth, without regard to an individual's psychological,
chosen, or subjective experience of gender.
______
SA 2477. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 2848 and insert the following:
SEC. 2848. EXTENSION OF PROHIBITION ON JOINT USE OF HOMESTEAD
AIR RESERVE BASE WITH CIVIL AVIATION.
Section 2874 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (division B of Public
Law 117-263; 136 Stat. 3014) is amended by striking
``September 30, 2026'', and inserting ``September 30, 2036''.
______
SA 2478. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Hong Kong Human Rights and Democracy Reauthorization Act of
2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Hong Kong Human Rights
and Democracy Reauthorization Act of 2024''.
SEC. 1292. EXTENSION OF ANNUAL REPORTING REQUIREMENT.
Section 5 of the Hong Kong Human Rights and Democracy Act
of 2019 (Public Law 116-76; 22 U.S.C. 5701 note) is amended
by striking ``7 years after'' and inserting ``12 years
after''.
SEC. 1293. SUNSET.
Section 7(h) of the Hong Kong Human Rights and Democracy
Act of 2019 (Public Law 116-76; 22 U.S.C. 5701 note) is
amended by striking ``5 years after'' and inserting ``10
years after''.
______
SA 2479. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Hong Kong Economic and Trade Office (HKETO) Certification
Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Hong Kong Economic and
Trade Office (HKETO) Certification Act''.
SEC. 1292. DETERMINATION ON WHETHER TO EXTEND CERTAIN
PRIVILEGES, EXEMPTIONS, AND IMMUNITIES TO THE
HONG KONG ECONOMIC AND TRADE OFFICES IN THE
UNITED STATES.
(a) Determination Required.--Not later than 30 days after
the date of the enactment of this Act, and thereafter as part
of each certification required by the Secretary of State
under section 205(a)(1)(A) of the United States-Hong Kong
Policy Act of 1992 (22 U.S.C. 5725(a)(1)(A)), the Secretary
of State shall, as part of such certification, include a
separate determination that--
(1) the Hong Kong Economic and Trade Offices--
(A) merit extension and application of the privileges,
exemptions, and immunities specified in subsection (b); or
(B) no longer merit extension and application of the
privileges, exemptions, and immunities specified in
subsection (b); and
(2) a detailed report justifying that determination, which
may include considerations related to United States national
security interests.
(b) Privileges, Exemptions, and Immunities Specified.--The
privileges, exemptions, and immunities specified in this
subsection are the privileges, exemptions, and immunities
extended and applied to the Hong Kong Economic and Trade
Offices under section 1 of the Act entitled ``An Act to
extend certain privileges, exemptions, and immunities to Hong
Kong Economic and Trade Offices'', approved June 27, 1997 (22
U.S.C. 288k).
(c) Effect of Determination.--
(1) Termination.--If the Secretary of State determines
under subsection (a)(1)(B) that the Hong Kong Economic and
Trade Offices no longer merit extension and application of
the privileges, exemptions, and immunities specified in
subsection (b), the Hong Kong Economic and Trade Offices
shall terminate operations not later than 180 days after the
date on which that determination is delivered to the
appropriate congressional committees, as part of the
certification required under section 205(a)(1)(A) of the
United States-Hong Kong Policy Act of 1992 (22 U.S.C.
5725(a)(1)(A)).
(2) Continued operations.--If the Secretary of State
determines under subsection (a)(1)(A) that the Hong Kong
Economic and Trade Offices merit extension and application of
the privileges, exemptions, and immunities specified in
subsection (b), the Hong Kong Economic and Trade Offices may
continue operations for the one-year period following the
date of the certification that includes that determination or
until the next certification required under section
205(a)(1)(A) of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5725(a)(1)(A)) is submitted, whichever occurs
first, unless a disapproval resolution is enacted under
subsection (d).
(d) Congressional Review.--
(1) Disapproval resolution.--In this subsection, the term
``disapproval resolution'' means only a joint resolution of
either House of Congress--
(A) the title of which is the following: ``A joint
resolution disapproving the determination by the President
that the Hong Kong Economic and Trade Offices continue to
merit extension and application of certain privileges,
exemptions, and immunities.''; and
(B) the sole matter after the resolving clause of which is
the following: ``Congress disapproves of the determination by
the Secretary of State under section 1292(a)(1)(A) of the
Hong Kong Economic and Trade Office (HKETO) Certification Act
that the Hong Kong Economic and Trade Offices merit extension
and application of certain privileges, exemptions, and
immunities, on ___.'', with the blank space being filled with
the appropriate date.
(2) Introduction.--A disapproval resolution may be
introduced--
(A) in the House of Representatives, by the majority leader
or the minority leader; and
(B) in the Senate, by the majority leader (or the majority
leader's designee) or the minority leader (or the minority
leader's designee).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) Hong kong economic and trade offices.--The term ``Hong
Kong Economic and Trade Offices'' has the meaning given that
term in section 1(c) of the Act entitled ``An Act to extend
certain privileges, exemptions, and immunities to Hong Kong
Economic and Trade Offices'', approved June 27, 1997 (22
U.S.C. 288k).
SEC. 1293. LIMITATION ON CONTRACTING RELATING TO HONG KONG
ECONOMIC AND TRADE OFFICES.
(a) In General.--On and after the date of the enactment of
this Act, an entity of the United States Government may enter
into an agreement or partnership with the Hong Kong Economic
and Trade Offices to promote tourism, culture, business, or
other matters relating to Hong Kong only if--
(1) the Secretary of State has submitted to the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a
determination under section 1292(a)(1)(A) that the Hong Kong
Economic and Trade Offices merit extension and application of
certain privileges, exemptions, and immunities;
(2) a disapproval resolution under section 1292(d) is not
enacted during the 90-day period following the submission of
that determination; and
(3) the agreement or partnership does not promote efforts
by the Government of the Hong Kong Special Administrative
Region and the Government of the People's Republic of China--
(A) to justify the dismantling of the autonomy of Hong Kong
and the freedoms and rule of law guaranteed by the Sino-
British Joint Declaration of 1984; and
(B) to portray within the United States the Government of
the Hong Kong Special Administrative Region or the Government
of the People's Republic of China as protecting the rule of
law or the human rights and civil liberties of the people of
Hong Kong.
(b) Hong Kong Economic and Trade Offices Defined.--In this
section, the term ``Hong Kong Economic and Trade Offices''
has the meaning given that term in section 1(c) of the Act
entitled ``An Act to extend certain privileges, exemptions,
and immunities to Hong Kong Economic and Trade Offices'',
approved June 27, 1997 (22 U.S.C. 288k).
SEC. 1294. POLICY OF UNITED STATES ON PROMOTION OF AUTONOMY
OF GOVERNMENT OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION.
It is the policy of the United States--
(1) to ensure that entities of the United States Government
do not knowingly assist in the promotion of Hong Kong as a
free and autonomous city or the Government of the Hong Kong
Special Administrative Region as committed to protecting the
human rights of the people of Hong Kong or fully maintaining
the rule of law required for human rights and economic
prosperity as long as the Secretary of State continues to
determine under section 205(a)(1) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5725(a)(1)) that Hong Kong
does not enjoy a high degree
[[Page S4802]]
of autonomy from the People's Republic of China and does not
warrant treatment under the laws of the United States in the
same manner as those laws were applied to Hong Kong before
July 1, 1997;
(2) to recognize that promotion of Hong Kong as described
in paragraph (1) should be considered propaganda for the
efforts of the People's Republic of China to dismantle rights
and freedom guaranteed to the residents of Hong Kong by the
International Covenant on Civil and Political Rights and the
Sino-British Joint Declaration of 1984;
(3) to ensure that entities of the United States Government
do not engage in or assist with propaganda of the People's
Republic of China regarding Hong Kong; and
(4) to engage with the Government of the Hong Kong Special
Administrative Region, through all relevant entities of the
United States Government, seeking the release of political
prisoners, the end of arbitrary detentions, the resumption of
a free press and fair and free elections open to all
candidates, and the restoration of an independent judiciary.
______
SA 2480. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Taiwan Protection and National Resilience Act of 2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Protection and
National Resilience Act of 2024''.
SEC. 1292. STRATEGY FOR COUNTERING THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Identification of Vulnerabilities and Leverage.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of State and the Secretary of Defense
shall jointly, in consultation with the Secretary of
Commerce, the Secretary of the Treasury, the Director of the
Office of Federal Procurement Policy, and the Director of the
Office of Science and Technology Policy, submit to the
appropriate committees of Congress a report that identifies--
(1) goods and services from the United States that are
relied on by the People's Republic of China such that that
reliance presents a strategic opportunity and source of
leverage against the People's Republic of China, including
during a conflict; and
(2) procurement practices of the United States Government
that are reliant on trade with the People's Republic of China
and other inputs from the People's Republic of China, such
that that reliance presents a strategic vulnerability and
source of leverage that the Chinese Communist Party could
exploit, including during a conflict.
(b) Strategy To Respond to Coercive Action.--
(1) In general.--Not later than 180 days after the
submission of the report required by subsection (a), the
Secretary of the Treasury, in coordination with the Secretary
of State and in consultation with the Secretary of the
Defense, the Secretary of Commerce, the Director of the
Office of Federal Procurement Policy, and the Director of the
Office of Science and Technology Policy, shall submit to the
appropriate committees of Congress a report, utilizing the
findings of the report required by subsection (a), that
describes a comprehensive sanctions strategy to advise
policymakers on policies the United States and allies and
partners of the United States could adopt with respect to the
People's Republic of China in response to any coercive
action, including an invasion, by the People's Republic of
China that infringes upon the territorial sovereignty of
Taiwan by preventing access to international waterways,
airspace, or telecommunications networks.
(2) Elements.--The strategy required by paragraph (1) shall
include policies that--
(A) restrict the access of the People's Liberation Army to
oil, natural gas, munitions, and other supplies needed to
conduct military operations against Taiwan, United States
facilities in the Pacific and Indian Oceans, and allies and
partners of the United States in the region;
(B) diminish the capacity of the industrial base of the
People's Republic of China to manufacture and deliver defense
articles to replace those lost in operations of the People's
Liberation Army against Taiwan, the United States, and allies
and partners of the United States;
(C) inhibit the ability of the People's Republic of China
to evade United States and multilateral sanctions through
third parties, including through secondary sanctions;
(D) identify specific sanctions-related tools that may be
effective in responding to coercive action described in
paragraph (1) and assess the feasibility of the use and
impact of the use of those tools;
(E) identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to or deterring aggression against Taiwan with
allies and partners of the United States;
(F) identify industries, sectors, or goods and services
with respect to which the United States, working with allies
and partners of the United States, can take coordinated
action through sanctions or other economic tools that will
have a significant negative impact on the economy of the
People's Republic of China; and
(G) identify tactics used by the Government of the People's
Republic of China to influence the public in the United
States and Taiwan through propaganda and disinformation
campaigns, including such campaigns focused on delegitimizing
Taiwan or legitimizing a forceful action by the People's
Republic of China against Taiwan.
(c) Recommendations for Reduction of Vulnerabilities and
Leverage.--Not later than 180 days after the submission of
the report required by subsection (a), the Secretary of State
and the Secretary of Defense shall jointly, in consultation
with the Secretary of Commerce, the Secretary of the
Treasury, the Director of the Office of Federal Procurement
Policy, and the Director of the Office of Science and
Technology Policy, submit to the appropriate committees of
Congress a report that--
(1) identifies critical sectors within the United States
economy that rely on trade with the People's Republic of
China and other inputs from the People's Republic of China
(including active pharmaceutical ingredients, rare earth
minerals, and metallurgical inputs), such that those sectors
present a strategic vulnerability and source of leverage that
the Chinese Communist Party or the People's Republic of China
could exploit; and
(2) makes recommendations to Congress on steps that can be
taken to reduce the sources of leverage described in
paragraph (1) and subsection (a)(1), including through--
(A) provision of economic incentives and making other trade
and contracting reforms to support United States industry and
job growth in critical sectors and to indigenize production
of critical resources; and
(B) policies to facilitate ``near- or friend-shoring'', or
otherwise developing strategies to facilitate that process
with allies and partners of the United States, in other
sectors for which domestic reshoring would prove infeasible
for any reason.
(d) Form.--The reports required by subsections (a), (b),
and (c) shall be submitted in unclassified form but may
include a classified annex.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, the
Committee on Finance, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Financial Services, the
Committee on Energy and Commerce, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1293. RULE OF CONSTRUCTION ON MAINTAINING ONE CHINA
POLICY.
Nothing in this subtitle may be construed as a change to
the one China policy of the United States, which is guided by
the Taiwan Relations Act (22 U.S.C. 3301 et seq.), the three
United States-People's Republic of China Joint Communiques,
and the Six Assurances.
SEC. 1294. RULE OF CONSTRUCTION REGARDING NOT AUTHORIZING THE
USE OF FORCE.
Nothing in this subtitle may be construed as authorizing
the use of military force.
______
SA 2481. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--South China Sea and East China Sea Sanctions Act of 2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``South China Sea and
East China Sea Sanctions Act of 2024''.
SEC. 1292. SANCTIONS WITH RESPECT TO CHINESE PERSONS
RESPONSIBLE FOR CHINA'S ACTIVITIES IN THE SOUTH
CHINA SEA AND THE EAST CHINA SEA.
(a) Initial Imposition of Sanctions.--On and after the date
that is 120 days after the date of the enactment of this Act,
the President may impose the sanctions described in
subsection (b) with respect to any Chinese person, including
any senior official of the Government of the People's
Republic of China, that the President determines--
(1) is responsible for or significantly contributes to
large-scale reclamation, construction, militarization, or
ongoing supply of outposts in disputed areas of the South
China Sea;
(2) is responsible for or significantly contributes to, or
has engaged in, directly or indirectly, actions, including
the use of coercion, to inhibit another country from
protecting its sovereign rights to access offshore resources
in the South China Sea, including in such country's exclusive
economic
[[Page S4803]]
zone, consistent with such country's rights and obligations
under international law;
(3) is responsible for or complicit in, or has engaged in,
directly or indirectly, actions that significantly threaten
the peace, security, or stability of disputed areas of the
South China Sea or areas of the East China Sea administered
by Japan or the Republic of Korea, including through the use
of vessels and aircraft by the People's Republic of China to
occupy or conduct extensive research or drilling activity in
those areas;
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to, or in support of, any person subject to
sanctions pursuant to paragraph (1), (2), or (3); or
(5) is owned or controlled by, or has acted for or on
behalf of, directly or indirectly, any person subject to
sanctions pursuant to paragraph (1), (2), or (3).
(b) Sanctions Described.--The sanctions that may be imposed
with respect to a person described in subsection (a) are the
following:
(1) Blocking of property.--The President may, in accordance
with the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), block and prohibit all transactions in
all property and interests in property of the person if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an alien,
the alien may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) 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.).
(B) Current visas revoked.--
(i) In general.--An alien described in subparagraph (A) may
be subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation
that is in the alien's possession.
(3) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the person.
(4) Export sanction.--The President may order the United
States Government not to issue any specific license and not
to grant any other specific permission or authority to export
any goods or technology to the person under--
(A) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(B) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or reexport of goods or services.
(5) Inclusion on entity list.--The President may include
the entity on the entity list maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of the Export
Administration Regulations, for activities contrary to the
national security or foreign policy interests of the United
States.
(6) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing equity
or debt instruments of the person.
(7) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the person.
(8) Correspondent and payable-through accounts.--In the
case of a foreign financial institution, the President may
prohibit the opening, and prohibit or impose strict
conditions on the maintaining, in the United States of a
correspondent account or a payable-through account by the
foreign financial institution.
(c) Exceptions.--
(1) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of subsection (b)(1).
(2) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(3) Compliance with united nations headquarters
agreement.--Paragraphs (2) and (3) of subsection (b) shall
not apply if admission of an alien to the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success, June 26, 1947, and entered into
force, November 21, 1947, between the United Nations and the
United States.
(4) Exception relating to importation of goods.--
(A) In general.--The authority or a requirement to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under subsection
(b)(1) to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection
(a) of such section 206.
(e) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)).
(3) Chinese person.--The term ``Chinese person'' means--
(A) an individual who is a citizen or national of the
People's Republic of China; or
(B) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
(4) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section
5312(a)(2) of title 31, United States Code.
(5) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
(6) Person.--The term ``person'' means any individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1293. SENSE OF CONGRESS REGARDING PORTRAYALS OF THE
SOUTH CHINA SEA OR THE EAST CHINA SEA AS PART
OF CHINA.
It is the sense of Congress that the Government Publishing
Office should not publish any map, document, record,
electronic resource, or other paper of the United States
(other than materials relating to hearings held by committees
of Congress or internal work product of a Federal agency)
portraying or otherwise indicating that it is the position of
the United States that the territory or airspace in the South
China Sea that is disputed among two or more parties or the
territory or airspace of areas administered by Japan or the
Republic of Korea, including in the East China Sea, is part
of the territory or airspace of the People's Republic of
China.
SEC. 1294. SENSE OF CONGRESS ON 2016 PERMANENT COURT OF
ARBITRATION'S TRIBUNAL RULING ON ARBITRATION
CASE BETWEEN PHILIPPINES AND PEOPLE'S REPUBLIC
OF CHINA.
(a) Finding.--Congress finds that on July 12, 2016, a
tribunal of the Permanent Court of Arbitration found in the
arbitration case between the Philippines and the People's
Republic of China under the United Nations Convention on the
Law of the Sea that the People's Republic of China's claims,
including those to offshore resources and ``historic
rights'', were unlawful, and that the tribunal's ruling is
final and legally binding on both parties.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States and the international community
should reject the unlawful claims of the People's Republic of
China within the exclusive economic zone or on the
continental shelf of the Philippines, as well as the maritime
claims of the People's Republic of China beyond a 12-
nautical-mile territorial sea from the islands it claims in
the South China Sea;
(2) the provocative behavior of the People's Republic of
China, including coercing other countries with claims in the
South China Sea and preventing those countries from accessing
offshore resources, undermines peace and stability in the
South China Sea;
(3) the international community should--
(A) support and adhere to the ruling described in
subsection (a) in compliance with international law; and
[[Page S4804]]
(B) take all necessary steps to support the rules-based
international order in the South China Sea; and
(4) all claimants in the South China Sea should--
(A) refrain from engaging in destabilizing activities,
including illegal occupation or efforts to unlawfully assert
control over disputed claims;
(B) ensure that disputes are managed without intimidation,
coercion, or force;
(C) clarify or adjust claims in accordance with
international law; and
(D) uphold the principle that territorial and maritime
claims, including over territorial waters or territorial
seas, must be derived from land features and otherwise
comport with international law.
SEC. 1295. REPORT ON COUNTRIES THAT RECOGNIZE CHINESE
SOVEREIGNTY OVER THE SOUTH CHINA SEA OR THE
EAST CHINA SEA.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter until the
date that is 3 years after such date of enactment, the
Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report identifying each
country that the Secretary determines has taken an official
and stated position to recognize, after such date of
enactment, the sovereignty of the People's Republic of China
over territory or airspace disputed by one or more countries
in the South China Sea or the territory or airspace of areas
of the East China Sea administered by Japan or the Republic
of Korea.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex if the Secretary of State determines it is necessary
for the national security interests of the United States to
do so.
(c) Public Availability.--The Secretary of State shall
publish the unclassified part of the report required by
subsection (a) on a publicly available website of the
Department of State.
______
SA 2482. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. UNITED STATES LEGAL GOLD AND MINING PARTNERSHIP.
(a) Short Title.--This section may be cited as the ``United
States Legal Gold and Mining Partnership Act''.
(b) Findings.--Congress makes the following findings:
(1) The illicit mining, trafficking, and commercialization
of gold in the Western Hemisphere--
(A) negatively affects the region's economic and social
dynamics;
(B) strengthens transnational criminal organizations and
other international illicit actors; and
(C) has a deleterious impact on the environment, indigenous
peoples, and food security.
(2) A lack of economic opportunities and the weak rule of
law promote illicit activities, such as illicit gold mining,
which increases the vulnerability of individuals in mining
areas, including indigenous communities, who have been
subjected to trafficking in persons, other human rights
abuses, and population displacement in relation to mining
activity, particularly in the artisanal and small-scale
mining sector.
(3) Illicit gold mining in Latin America often involves and
benefits transnational criminal organizations, drug
trafficking organizations, terrorist groups, and other
illegal armed groups that extort miners and enter into
illicit partnerships with them in order to gain revenue from
the illicit activity.
(4) Illicit gold supply chains are international in nature
and frequently involve--
(A) the smuggling of gold and supplies, such as mercury;
(B) trade-based money laundering; and
(C) other cross-border flows of illicit assets.
(5) In Latin America, mineral traders and exporters, local
processors, and shell companies linked to transnational
criminal networks and illegally armed groups all play a key
role in the trafficking, laundering, and commercialization of
illicit gold from the region.
(6) According to a report on illegally mined Gold in Latin
America by the Global Initiative Against Transnational
Organized Crime--
(A) more than 70 percent of the gold mined in several Latin
American countries, such as Colombia, Ecuador, and Peru, is
mined through illicit means; and
(B) about 80 percent of the gold mined in Venezuela is
mined through illicit means and a large percentage of such
gold is sold--
(i) to Mibiturven, a joint venture operated by the Maduro
regime composed of Minerven, a gold processor that has been
designated by the Office of Foreign Assets Control of the
Department of the Treasury, pursuant to Executive Order 13850
(relating to blocking property of additional persons
contributing to the situation in Venezuela), and Marilyns
Proje Yatirim, S.A., a Turkish company; or
(ii) through other trafficking and commercialization
networks from which the Maduro regime benefits financially.
(7) Illegal armed groups and foreign terrorist
organizations, such as the Ejercito de Liberacion Nacional
(National Liberation Army--ELN), work with transnational
criminal organizations in Venezuela that participate in the
illicit mining, trafficking, and commercialization of gold.
(8) Transnational criminal organizations based in
Venezuela, such as El Tren de Aragua, have expanded their
role in the illicit mining, trafficking, and
commercialization of gold to increase their criminal profits.
(9) Nicaragua's gold exports during 2021 were valued at an
estimated $989,000,000 in value, of which
(A) gold valued at an estimated $898,000,000 was shipped to
the United States;
(B) gold valued at an estimated $48,700,000 was shipped to
Switzerland;
(C) gold valued at an estimated $39,000,000 was shipped to
the United Arab Emirates; and
(D) gold valued at an estimated $3,620,000 was shipped to
Austria.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Financial Services of the House of
Representatives .
(2) Artisanal and small-scale mining; asm.--The terms
``artisanal and small-scale mining'' and ``ASM'' refer to a
form of mining common in the developing world that--
(A) typically employs rudimentary, simple, and low-cost
extractive technologies and manual labor-intensive
techniques;
(B) is frequently subject to limited regulation; and
(C) often features harsh and dangerous working conditions.
(3) Illicit actors.--The term ``illicit actors'' includes--
(A) any person included on any list of--
(i) United States-designated foreign terrorist
organizations;
(ii) specially designated global terrorists (as defined in
section 594.310 of title 31, Code of Federal Regulations);
(iii) significant foreign narcotics traffickers (as defined
in section 808 of the Foreign Narcotics Kingpin Designation
Act (21 U.S.C. 1907); or
(iv) blocked persons, as maintained by the Office of
Foreign Assets Control of the Department of the Treasury; and
(B) drug trafficking organizations.
(4) Key stakeholders.--The term ``key stakeholders'' means
private sector organizations, industry representatives, and
civil society groups that represent communities in areas
affected by illicit mining and trafficking of gold, including
indigenous groups, that are committed to the implementation
of the Legal Gold and Mining Partnership Strategy.
(5) Legal gold and mining partnership strategy; strategy.--
The terms ``Legal Gold and Mining Partnership Strategy'' and
``Strategy'' mean the strategy developed pursuant to
subsection (d).
(6) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies'' means--
(A) the Department of State;
(B) the Department of the Treasury;
(C) the Department of Homeland Security, including U.S.
Customs and Border Protection and U.S. Immigration and
Customs Enforcement;
(D) the Department of Justice, including the Federal Bureau
of Investigation and the Drug Enforcement Administration;
(E) the Department of the Interior;
(F) the United States Agency for International Development;
and
(G) other Federal agencies designated by the President.
(d) Legal Gold and Mining Partnership Strategy.--
(1) Strategy required.--The Secretary of State, in
coordination with the heads of relevant Federal departments
and agencies, shall develop a comprehensive, multi-year
strategy, which shall be known as the Legal Gold and Mining
Partnership Strategy (referred to in this subsection as the
``Strategy''), to combat illicit gold mining in the Western
Hemisphere.
(2) Elements.--The Strategy shall include policies,
programs, and initiatives--
(A) to interrupt the linkages between ASM and illicit
actors that profit from ASM in the Western Hemisphere;
(B) to deter ASM in environmentally protected areas, such
as national parks and conservation zones, to prevent mining-
related contamination of critical natural resources, such as
water resources, soil, tropical forests, and other flora and
fauna, and aerosol contamination linked to detrimental health
impacts;
(C) to counter the financing and enrichment of actors
involved in the illicit mining, trafficking, and
commercialization of gold, and the abetting of their
activities by--
[[Page S4805]]
(i) promoting the exercise of due diligence and the use of
responsible sourcing methods in the purchase and trade of
ASM;
(ii) preventing and prohibiting foreign persons who control
commodity trading chains linked to illicit actors from
enjoying the benefits of access to the territory, markets or
financial system of the United States, and halting any such
ongoing activity by such foreign persons;
(iii) combating related impunity afforded to illicit actors
by addressing corruption in government institutions; and
(iv) supporting the capacity of financial intelligence
units, customs agencies, and other government institutions
focused on anti-money laundering initiatives and combating
the financing of criminal activities and terrorism to
exercise oversight consistent with the threats posed by
illicit gold mining;
(D) to build the capacity of foreign civilian law
enforcement institutions in the Western Hemisphere to
effectively counter--
(i) linkages between illicit gold mining, illicit actors,
money laundering, and other financial crimes, including
trade-based money laundering;
(ii) linkages between illicit gold mining, illicit actors,
trafficking in persons, and forced or coerced labor,
including sex work and child labor;
(iii) the cross-border trafficking of illicit gold, and the
mercury, cyanide, explosives, and other hazardous materials
used in illicit gold mining; and
(iv) surveillance and investigation of illicit and related
activities that are related to or are indicators of illicit
gold mining activities;
(E) to ensure the successful implementation of the existing
Memoranda of Understanding signed with the Governments of
Peru and of Colombia in 2017 and 2018, respectively, to
expand bilateral cooperation to combat illicit gold mining;
(F) to work with governments in the Western Hemisphere,
bolster the effectiveness of anti-money laundering efforts to
combat the financing of illicit actors in Latin America and
the Caribbean and counter the laundering of proceeds related
to illicit gold mining by--
(i) fostering international and regional cooperation and
facilitating intelligence sharing, as appropriate, to
identify and disrupt financial flows related to the illicit
gold mining, trafficking, and commercialization of gold and
other minerals and illicit metals; and
(ii) supporting the formulation of strategies to ensure the
compliance of reporting institutions involved in the mining
sector and to promote transparency in mining-sector
transactions;
(G) to support foreign government efforts--
(i) to increase regulations of the ASM sector;
(ii) to facilitate licensing and formalization processes
for ASM miners;
(iii) to create and implement environmental safeguards to
reduce the negative environmental impact of mining on
sensitive ecosystems; and
(iv) to develop mechanisms to support regulated cultural
artisanal mining and artisanal mining as a job growth area;
(H) to engage the mining industry to encourage the building
of technical expertise in best practices, environmental
safeguards, and access to new technologies;
(I) to support the establishment of gold commodity supply
chain due diligence, responsible sourcing, tracing and
tracking capacities, and standards-compliant commodity
certification systems in countries in Latin America and the
Caribbean, including efforts recommended in the OECD Due
Diligence Guidance for Responsible Supply Chains of Minerals
from Conflict-Affected and High Risk Areas, Third Edition
(2016);
(J) to engage with civil society to reduce the negative
environmental impacts of ASM, particularly--
(i) the use of mercury in preliminary refining;
(ii) the destruction of tropical forests;
(iii) the construction of illegal and unregulated dams and
the resulting valley floods;
(iv) the pollution of water resources and soil; and
(v) the release of dust, which can contain toxic chemicals
and heavy metals that can cause severe health problems;
(K) to aid and encourage ASM miners--
(i) to formalize their business activities, including
through skills training, technical and business assistance,
and access to financing, loans, and credit;
(ii) to utilize environmentally safe and sustainable mining
practices, including by scaling up the use of mercury-free
gold refining technologies, and mining methods and
technologies that do not result in deforestation, forest
destruction, air pollution, water and soil-contamination, and
other negative environmental impacts associated with ASM;
(iii) to reduce the costs associated with formalization and
compliance with mining regulations;
(iv) to fully break away from the influence of illicit
actors who leverage the control of territory and use violence
to extort miners and push them into illicit arrangements;
(v) to adopt and utilize environmentally safe and
sustainable mining practices, including--
(I) mercury-free gold refining technologies; and
(II) extractive techniques that do not result in--
(aa) forest clearance and water contamination; or
(bb) the release of dust or uncontrolled tailings
containing toxic chemicals;
(vi) to pursue alternative livelihoods outside the mining
sector; and
(vii) to fully access public social services in ASM-
dependent communities;
(L) to support and encourage socioeconomic development
programs, law enforcement capacity-building programs, and
support for relevant international initiatives, including by
providing assistance to achieve such ends by implementing the
Strategy;
(M) to interrupt the illicit gold trade in Nicaragua,
including through the use of United States punitive measures
against the government led by President Daniel Ortega and
Vice-President Rosario Murillo and their collaborators
pursuant to Executive Order 14088 (relating to taking
additional steps to address the national emergency with
respect to the situation in Nicaragua), which was issued on
October 24, 2022;
(N) to assist local journalists with investigations of
illicit mining, trafficking, and commercialization of gold
and its supplies in the Western Hemisphere; and
(O) to promote responsible sourcing and due diligence at
all levels of gold supply chains.
(3) Challenges assessed.--The Strategy shall include an
assessment of the challenges posed by, and policy
recommendations to address--
(A) linkages between ASM sector production and trade,
particularly relating to gold, to the activities of illicit
actors, including linkages that help to finance or enrich
such illicit actors or abet their activities;
(B) linkages between illicit or grey market trade, and
markets in gold and other metals or minerals and legal trade
and commerce in such commodities, notably with respect to
activities that abet the entry of such commodities into legal
commerce, including--
(i) illicit cross-border trafficking, including with
respect to goods, persons and illegal narcotics;
(ii) money-laundering;
(iii) the financing of illicit actors or their activities;
and
(iv) the extralegal entry into the United States of--
(I) metals or minerals, whether of legal foreign origin or
not; and
(II) the proceeds of such metals or minerals;
(C) linkages between the illicit mining, trafficking, and
commercialization of gold, diamonds, and precious metals and
stones, and the financial and political activities of the
regime of Nicolas Maduro of Venezuela;
(D) factors that--
(i) produce linkages between ASM miners and illicit actors,
prompting some ASM miners to utilize mining practices that
are environmentally damaging and unsustainable, notably
mining or related ore processing practices that--
(I) involve the use of elemental mercury; or
(II) result in labor, health, environmental, and safety
code infractions and workplace hazards; and
(ii) lead some ASM miners to operate in the extralegal or
poorly regulated informal sector, and often prevent such
miners from improving the socioeconomic status of themselves
and their families and communities, or hinder their ability
to formalize their operations, enhance their technical and
business capacities, and access finance of fair market prices
for their output;
(E) mining-related trafficking in persons and forced or
coerced labor, including sex work and child labor; and
(F) the use of elemental mercury and cyanide in ASM
operations, including the technical aims and scope of such
usage and its impact on human health and the environment,
including flora, fauna, water resources, soil, and air
quality.
(4) Foreign assistance.--The Strategy shall describe--
(A) existing foreign assistance programs that address
elements of the Strategy; and
(B) additional foreign assistance resources needed to fully
implement the Strategy.
(5) Submission.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit the
Strategy to the appropriate congressional committees.
(6) Briefing.--Not later than 180 days after submission of
the Strategy, and semiannually thereafter for the following 3
years, the Secretary of State, or the Secretary's designee,
shall provide a briefing to the appropriate congressional
committees regarding the implementation of the strategy,
including efforts to leverage international support and
develop a public-private partnership to build responsible
gold value chains with other governments.
(e) Classified Briefing on Illicit Gold Mining in
Venezuela.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, or the
Secretary's designee, in coordination with the Director of
National Intelligence, shall provide a classified briefing to
the appropriate congressional committees, the Select
Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of
Representatives that describes--
(1) the activities related to illicit gold mining,
including the illicit mining, trafficking, and
commercialization of gold, inside Venezuelan territory
carried out by illicit actors, including defectors from the
Revolutionary Armed Forces of Colombia (FARC)
[[Page S4806]]
and members of the National Liberation Army (ELN); and
(2) Venezuela's illicit gold trade with foreign
governments, including the Government of the Republic of
Turkey and the Government of the Islamic Republic of Iran.
(f) Investigation of the Illicit Gold Trade in Venezuela.--
The Secretary of State, in coordination with the Secretary of
the Treasury, the Attorney General, and allied and partner
governments in the Western Hemisphere, shall--
(1) lead a coordinated international effort to carry out
financial investigations to identify and track assets taken
from the people and institutions in Venezuela that are linked
to money laundering and illicit activities, including mining-
related activities, by sharing financial investigations
intelligence, as appropriate and as permitted by law; and
(2) provide technical assistance to help eligible
governments in Latin America establish legislative and
regulatory frameworks capable of imposing and effectively
implementing targeted sanctions on--
(A) officials of the Maduro regime who are directly engaged
in the illicit mining, trafficking, and commercialization of
gold; and
(B) foreign persons engaged in the laundering of illicit
gold assets linked to designated terrorist and drug
trafficking organizations.
(g) Leveraging International Support.--In implementing the
Legal Gold and Mining Partnership Strategy pursuant to
subsection (d), the President should direct United States
representatives accredited to relevant multilateral
institutions and development banks and United States
ambassadors in the Western Hemisphere to use the influence of
the United States to foster international cooperation to
achieve the objectives of this Act, including--
(1) marshaling resources and political support; and
(2) encouraging the development of policies and
consultation with key stakeholders to accomplish such
objectives and provisions.
(h) Public-private Partnership to Build Responsible Gold
Value Chains.--
(1) Best practices.--The Administrator of the United States
Agency for International Development (referred to in this
subsection as the ``Administrator''), in coordination with
the Governments of Colombia, of Ecuador, and of Peru, and
with other democratically-elected governments in the region,
shall consult with the Government of Switzerland regarding
best practices developed through the Swiss Better Gold
Initiative, a public-private partnership that aims to improve
transparency and traceability in the international gold
trade.
(2) In general.--The Administrator shall coordinate with
the Governments of Colombia, Ecuador, Peru, and other
democratically-elected governments in the region determined
by the Administrator to establish a public-private
partnership to advance the best practices identified in
paragraph (1), including supporting programming in
participating countries that will--
(A) support formalization and compliance with appropriate
environmental and labor standards in ASM gold mining;
(B) increase access to financing for ASM gold miners who
are taking significant steps to formalize their operations
and comply with labor and environmental standards;
(C) enhance the traceability and support the establishment
of a certification process for ASM gold;
(D) support a public relations campaign to promote
responsibly-sourced gold;
(E) include representatives of local civil society to work
towards soliciting the free and informed consent of those
living on lands with mining potential;
(F) facilitate contact between vendors of responsibly-
sourced gold and United States companies; and
(G) promote policies and practices in participating
countries that are conducive to the formalization of ASM gold
mining and promoting adherence of ASM to internationally-
recognized best practices and standards.
(3) Meeting.--The Secretary of State or the Administrator,
without delegation and in coordination with the governments
of participating countries, should--
(A) host a meeting with senior representatives of the
private sector and international governmental and
nongovernmental partners; and
(B) make commitments to improve due diligence and increase
the responsible sourcing of gold.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State $10,000,000 to
implement the Legal Gold and Mining Partnership Strategy
developed pursuant to subsection (d).
______
SA 2483. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN
FINANCIAL INSTITUTIONS OF COUNTRIES OF CONCERN.
(a) In General.--The President shall impose one or more of
the sanctions described in subsection (b) with respect to
each covered financial institution that uses the Cross-Border
Interbank Payment System (commonly referred to as ``CIPS''),
the System for Transfer of Financial Messages (commonly
referred to as ``SPFS''), or the System for Electronic
Payment Messaging (commonly referred to as ``SEPAM'') to
clear, verify, settle, or otherwise conduct transactions with
any other covered financial institution.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The exercise of exercise all of the
powers granted by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests
in property of a covered financial institution subject to
subsection (a) if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Restrictions on correspondent and payable-through
accounts.--A prohibition on the opening or maintaining in the
United States of a correspondent account or a payable-through
account by a covered financial institution subject to
subsection (a).
(3) Executive officers inadmissible for visas, admission,
or parole.--
(A) Visas, admission, or parole.--An executive officer of a
covered financial institution subject to subsection (a) who
is an alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) 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.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in subparagraph (A) shall be revoked,
regardless of when such visa or other entry documentation was
issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(c) Exceptions.--
(1) Exception for intelligence activities.--This section
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Compliance with united nations headquarters
agreement.--Subsection (b)(3) shall not apply with respect to
the admission of an alien to the United States if such
admission is necessary to permit the United States to comply
with the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success, June 26, 1947, and entered
into force, November 21, 1947, between the United Nations and
the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authority to block and prohibit all
transactions in all property and interests in property under
subsection (b)(1) shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(B) Good.--In this paragraph, the term ``good'' means any
article, natural or manmade substance, material, supply or
manufactured product, including inspection and test
equipment, and excluding technical data.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(e) Delegation.--Not later than 90 days after the date of
the enactment of this Act, the President shall--
(1) make a determination with respect to if and how the
President will delegate the requirements and authorities
under this section; and
(2) notify the appropriate congressional committees of that
determination.
(f) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the President shall prescribe such
regulations as are necessary to carry out this section.
(g) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report--
(A) describing the scope and usage of CIPS, SPFS, or SEPAM
around the world, including usage rates by country;
[[Page S4807]]
(B) assessing the risks that widespread adoption of CIPS,
SPFS, or SEPAM poses to the national security of the United
States;
(C) assessing the ability of CIPS, SPFS, and SEPAM in
helping countries of concern circumvent United States and
international sanctions; and
(D) making recommendations to further preserve and
strengthen the influence of the United States in the global
financial system.
(2) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(h) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(4) Covered financial institution.--The term ``covered
financial institution'' means a financial institution--
(A) located in--
(i) a country of concern; or
(ii) territory controlled by an entity holding itself out
to be the government of the Republic of South Ossetia, the
State of Alania, the Donetsk People's Republic, the Luhansk
People's Republic, the Republic of Abkhazia, or the
Pridnestrovian Moldavian Republic;
(B) organized under the laws of a country of concern, any
jurisdiction within a country of concern, or an entity
described in subparagraph (A)(ii), including a foreign branch
of such an institution;
(C) wherever located, owned or controlled by the government
of a country of concern or an entity described in
subparagraph (A)(ii); or
(D) wherever located, owned or controlled by a financial
institution described in subparagraph (A), (B), or (C).
(5) Country of concern.--The term ``country of concern''--
(A) has the meaning given the term ``foreign adversary'' in
section 8(c)(2) of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and
(B) includes--
(i) the People's Republic of China (including the Special
Administrative Regions of China, including Hong Kong and
Macau);
(ii) the Russian Federation;
(iii) Iran;
(iv) North Korea;
(v) Cuba; and
(vi) Venezuela under the regime of Nicolas Maduro.
(6) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (M), or (Y) of section 5312(a)(2) of title 31, United
States Code.
______
SA 2484. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. EVALUATION OF HHS CYBERSECURITY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Inspector General of the Department of Health and Human
Services shall evaluate the cybersecurity practices and
protocols of the Department through the conduct of
penetration tests and other testing procedures to determine
how systems processing, transmitting, or storing mission
critical or sensitive data by, for, or on behalf of the
Department is currently, or could be compromised and--
(1) expose patient data, including Medicare numbers of
individuals; or
(2) impact patient safety.
(b) Reports.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter--
(1) the Secretary of Health and Human Services shall submit
to Congress a report that describes how the Secretary will
update the cybersecurity practices and protocols of the
Department of Health and Human Services to adapt to the
latest cyberattack strategies; and
(2) the Inspector General of the Department of Health and
Human Services shall submit to Congress a report that
describes--
(A) how the Inspector General is currently using Federal
funds of the Inspector General to carry out subsection (a);
and
(B) additional funding or legislative changes required for
the Inspector General to maintain the evaluation described in
subsection (a).
______
SA 2485. Mr. RUBIO (for himself and Mr. Braun) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 727. IMPROVING ACCESS TO MATERNAL HEALTH FOR MILITARY
AND DEPENDENT MOMS ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Improving Access to Maternal Health for Military and
Dependent Moms Act of 2024''.
(b) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) a covered beneficiary; or
(B) a dependent.
(2) Covered beneficiary; dependent; tricare program.--The
terms ``covered beneficiary'', ``dependent'', and ``TRICARE
program'' have the meanings given those terms in section 1072
of title 10, United States Code.
(3) Maternal health.--The term ``maternal health'' means
care during labor, birthing, prenatal care, and postpartum
care.
(4) Maternity care desert.-- The term ``maternity care
desert'' means a county in the United States that does not
have--
(A) a hospital or birth center offering obstetric care; or
(B) an obstetric provider.
(5) Prenatal care.--The term ``prenatal care'' means
medical care provided to maintain and improve fetal and
maternal health during pregnancy.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(c) Report on Access to Maternal Health Care Within the
Military Health System.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Armed Services and the Committee on
Appropriations of the Senate and the Committee on Armed
Services and the Committee on Appropriations of the House of
Representatives a report on access to maternal health care
within the military health system for covered individuals,
during the preceding 2 year period.
(2) Contents.--The report required under paragraph (1)
shall include the following:
(A) With respect to military medical treatment facilities:
(i) An analysis of the availability of maternal health care
for covered individuals who access the military health system
through such facilities.
(ii) An identification of staffing shortages in positions
relating to maternal health and childbirth, including
obstetrician-gynecologists, certified nurse midwives, and
labor and delivery nurses.
(iii) A description of specific challenges faced by covered
individuals in accessing maternal health care at such
facilities.
(iv) An analysis of the timeliness of access to maternal
health care, including wait times for and travel times to
appointments.
(v) A description of how such facilities track patient
satisfaction with maternal health services.
(vi) A process to establish continuity of prenatal care and
postpartum care for covered individuals who experience a
permanent change of station during a pregnancy.
(vii) An identification of barriers with regard to
continuity of prenatal care and postpartum care during
permanent changes of station.
(viii) A description of military-specific health challenges
impacting covered individuals who receive maternal healthcare
at military medical treatment facilities, and a description
of how the Department tracks such challenges.
(ix) For the 10-year period preceding the date of the
submission of the report, the amount of funds annually
expended--
(I) by the Department of Defense on maternal health care;
and
(II) by covered individuals on out-of-pocket costs
associated with maternal health care.
(x) An identification of each medical facility of the
Department of Defense located in a maternity care desert.
(xi) Recommendations and legislative proposals--
(I) to address staffing shortages that impact the positions
described in clause (ii);
(II) to improve the delivery and availability of maternal
health services through military medical treatment facilities
and improve patient experience; and
(III) to improve continuity of prenatal care and postpartum
care for covered individuals during a permanent change of
station.
(B) With respect to providers within the TRICARE program
network that are not located at or affiliated with a military
medical treatment facility:
(i) An analysis of the availability of maternal health care
for covered individuals who access the military health system
through such providers.
(ii) An identification of staffing shortages for such
providers in positions relating to
[[Page S4808]]
maternal health and childbirth, including obstetrician-
gynecologists, certified nurse midwives, and labor and
delivery nurses.
(iii) A description of specific challenges faced by covered
individuals in accessing maternal health care from such
providers.
(iv) An analysis of the timeliness of access to maternal
health care, including wait times for and travel times to
appointments.
(v) A description of how such providers track patient
satisfaction with maternal health services.
(vi) A process to establish continuity of prenatal care and
postpartum care for covered individuals who experience a
permanent change of station during a pregnancy.
(vii) An identification of barriers with regard to
continuity of prenatal care and postpartum care during
permanent changes of station.
(viii) The number of dependents who choose to access
maternal health care through such providers.
(ix) For the 10-year period preceding the date of the
submission of the report, the amount of funds annually
expended--
(I) by the Department of Defense on maternal health care;
and
(II) by covered individuals on out-of-pocket costs
associated with maternal health care.
(x) Recommendations and legislative proposals--
(I) to address staffing shortages that impact the positions
described in clause (ii);
(II) to improve the delivery and availability of maternal
health services through the TRICARE program and improve
patient experience;
(III) to improve continuity of prenatal care and postpartum
care for covered individuals during a permanent change of
station; and
(IV) to improve the ability of contractors under the
TRICARE program to build a larger network of providers for
maternal health, including obstetrician-gynecologists,
certified nurse midwives, and labor and delivery nurses.
______
SA 2486. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PROHIBITION ON CERTAIN FOREIGN ENTITIES FUNDING
ENVIRONMENTAL LITIGATION.
(a) Definitions.--In this section:
(1) Covered law.--The term ``covered law'' means any of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), including section 11(g) of that Act (16 U.S.C.
1540(g));
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), including sections 505 and 509(b)(1) of that Act
(33 U.S.C. 1365, 1369(b)(1));
(C) the Marine Protection, Research, and Sanctuaries Act of
1972 (commonly known as the ``Ocean Dumping Act'') (33 U.S.C.
1401 et seq.), including section 105(g) of that Act (33
U.S.C. 1415(g));
(D) the Act to Prevent Pollution from Ships (33 U.S.C. 1901
et seq.), including section 11 of that Act (33 U.S.C. 1910);
(E) the Clean Air Act (42 U.S.C. 7401 et seq.), including
sections 304 and 307(b) of that Act (42 U.S.C. 7604,
7607(b));
(F) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.),
including section 12 of that Act (42 U.S.C. 4911); and
(G) the Powerplant and Industrial Fuel Use Act of 1978 (42
U.S.C. 8301 et seq.), including section 725 of that Act (42
U.S.C. 8435).
(2) Covered programmatic activity.--The term ``covered
programmatic activity'' means any activity carried out by the
Department of Defense under or subject to a covered law,
including an environmental impact statement, an environmental
assessment, a biological opinion, or a biological assessment.
(3) Foreign entity.--
(A) In general.--The term ``foreign entity'' means--
(i) a government of a foreign country and a foreign
political party;
(ii) a natural person who is not--
(I) a lawful permanent resident of the United States;
(II) a citizen or national of the United States; or
(III) any other protected individual (as defined in section
274B(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324b(a)(3))); and
(iii) a partnership, association, corporation,
organization, or other combination of persons organized under
the laws of or having its principal place of business in a
foreign country.
(B) Inclusions.--The term ``foreign entity'' includes--
(i) any person owned by, controlled by, or subject to the
jurisdiction or direction of an entity described in
subparagraph (A);
(ii) any person, wherever located, who acts as an agent,
representative, or employee of an entity described in
subparagraph (A);
(iii) any person who acts in any other capacity at the
order, request, or under the influence, direction, or
control, of--
(I) an entity described in subparagraph (A); or
(II) a person the activities of which are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in majority part by an entity
described in subparagraph (A);
(iv) any person who directly or indirectly through any
contract, arrangement, understanding, relationship, or
otherwise, owns 25 percent or more of the equity interests of
an entity described in subparagraph (A);
(v) any person with significant responsibility to control,
manage, or direct an entity described in subparagraph (A);
(vi) any person, wherever located, who is a citizen or
resident of a country controlled by an entity described in
subparagraph (A); and
(vii) any corporation, partnership, association, or other
organization organized under the laws of a country controlled
by an entity described in subparagraph (A).
(b) Prohibition.--Notwithstanding any other provision of
law, no foreign entity may fund litigation under a covered
law--
(1) against the Department of Defense with respect to a
permit of incidental take or another permit issued under a
covered law with respect to a covered programmatic activity;
or
(2) against the National Marine Fisheries Service, the
United States Fish and Wildlife Service, the Environmental
Protection Agency, the National Oceanic and Atmospheric
Administration, the Corps of Engineers, the Department of
Energy, the Coast Guard, or any other Federal agency that
issues to the Department of Defense a permit of incidental
take or another permit under a covered law for a covered
programmatic activity with respect to that permit.
______
SA 2487. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of subtitle X, add the following:
SEC. 1095. DUTIES ON ELECTROMAGNETS, BATTERY CELLS, ELECTRIC
STORAGE BATTERIES, AND PHOTOVOLTAIC CELLS
IMPORTED FROM CERTAIN COUNTRIES.
(a) In General.--Notwithstanding any other provision of
law, there shall be imposed a duty at the rate specified in
subsection (b) on each article that is imported into the
United States and classified under any of the following
headings or subheadings of the Harmonized Tariff Schedule of
the United States:
(1) 8505.
(2) 8506.
(3) 8507.
(4) 8541.42.00.
(5) 8541.43.00.
(b) Rates of Duty Specified.--The rate of duty specified in
this subsection with respect to an article described in
subsection (a) is--
(1) 25 percent ad valorem on and after the date of the
enactment of this Act if the article was produced or
manufactured, or underwent final assembly, in a country other
than--
(A) an ally described in section 3(b)(2) of the Arms Export
Control Act (22 U.S.C. 2753(b)(2));
(B) a country designated by the President as a major non-
NATO ally under section 517 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321k);
(C) Mexico, if the United States-Mexico-Canada Agreement,
or a successor agreement, is in effect;
(D) Costa Rica, El Salvador, Guatemala, Honduras, and the
Dominican Republic, if the Dominican Republic-Central America
Free Trade Agreement, or a successor agreement, is in effect;
(E) Chile, if the United States-Chile Free Trade Agreement,
or a successor agreement, is in effect; and
(F) India, for a period of 10 years beginning on the date
of the enactment of this Act;
(2) if the article was produced or manufactured, or
underwent final assembly, by a person of the People's
Republic of China in a country described in paragraph (1),
150 percent ad valorem on and after such date of enactment;
and
(3) if the article was produced or manufactured, or
underwent final assembly, in the People's Republic of China--
(A) 150 percent ad valorem during the period--
(i) beginning on such date of enactment; and
(ii) ending on the day before the date that is 1 year after
such date of enactment;
(B) 300 percent ad valorem during the period--
(i) beginning on the date that is 1 year after such date of
enactment; and
(ii) ending on the day before the date that is 2 years
after such date of enactment; and
(C) 450 percent ad valorem during the period--
(i) beginning on the date that is 2 years after such date
of enactment; and
(ii) ending on the day before the date that is 3 years
after such date of enactment; and
(D) 800 percent ad valorem on and after the date that is 3
year after such date of enactment.
[[Page S4809]]
(c) Additional Duties.--The duty imposed under subsection
(a) with respect to an article described in that subsection
is in addition to any other duty applicable to the article.
(d) Definitions.--In this section:
(1) Control.--The term ``control'' has the meaning given
that term in section 800.208 of title 31, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act).
(2) Owned, controlled, directed, or operated.--The term
``owned, controlled, directed, or operated'', with respect to
an entity, includes any entity for which, on any date during
the most recent 12-month period, not less than 25 percent of
the equity interests in such entity are held directly or
indirectly by 1 or more persons of the People's Republic of
China described in any of subparagraphs (A) through (E) of
paragraph (3), including through--
(A) interests in co-investment vehicles, joint ventures, or
similar arrangements; or
(B) a derivative financial instrument or contractual
arrangement between the entity and such a person, including
any such instrument or contract that seeks to replicate any
financial return with respect to such entity or interest in
such entity.
(3) Person of the people's republic of china.--The term
``person of the People's Republic of China'' means--
(A) the Government of the People's Republic of China;
(B) any agency, instrumentality, official, or agent of that
Government;
(C) any entity the headquarters of which are located in the
People's Republic of China;
(D) any entity organized under the laws of the People's
Republic of China;
(E) any entity substantively involved in the industrial
policies or military-civil fusion strategy of the People's
Republic of China, including by accepting funding from,
performing a service for, or receiving a subsidy from the
People's Republic of China related to such policies or
strategy; or
(F) any entity owned, controlled, directed, or operated by
an entity described in any of subparagraphs (A) through (E).
______
SA 2488. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10____. NATURAL GAS EXPORTS TO ALLIES AND STRATEGIC
PARTNERS.
(a) Finding.--Congress finds that expediting the approval
of natural gas export applications for projects intended to
increase the capacity of the United States to export natural
gas to allies and strategic partners will--
(1) empower United States natural gas exporters to better
assist the strategic and national security interests of the
United States and allies and strategic partners of the United
States; and
(2) lead to job growth, economic development, and energy
security.
(b) Natural Gas Exports.--Section 3(c) of the Natural Gas
Act (15 U.S.C. 717b(c)) is amended--
(1) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) Definition of covered nation.--
``(A) In general.--In this subsection, the term `covered
nation'--
``(i) means an ally described in section 3(b)(2) of the
Arms Export Control Act (22 U.S.C. 2753(b)(2)); and
``(ii) during the period described in subparagraph (B),
includes Cyprus, Moldova, Sweden, Taiwan, and Ukraine.
``(B) Period described.--The period described in this
subparagraph is the period--
``(i) beginning on the date of enactment of the Expediting
Natural Gas Exports to Allies Act of 2023; and
``(ii) ending on December 31, 2030, or such later date as
the President determines is in the interest of national
defense (as defined in section 702 of the Defense Production
Act of 1950 (50 U.S.C. 4552)) or is otherwise in the
interests of the United States.
``(2) Expedited approval.--Except as provided in paragraph
(3), for purposes'';
(2) in paragraph (2) (as so designated), by inserting ``the
exportation of natural gas to a covered nation,'' before ``or
the exportation''; and
(3) by adding at the end the following:
``(3) Exclusions.--
``(A) Nations subject to sanctions.--The Commission shall
not grant expedited approval under paragraph (2) of an
application for exportation of natural gas to any nation that
is subject to sanctions or trade restrictions imposed by the
United States.
``(B) Nations designated by congress.--The Commission shall
not grant expedited approval under paragraph (2) of an
application for exportation of natural gas to any nation
designated by an Act of Congress as excluded from such
expedited approval for reasons of national security.''.
(c) Effect.--The amendments made by subsection (b) shall
not affect any Federal authorization to export natural gas
from the United States to a foreign nation or to import
natural gas into the United States from a foreign nation that
is in effect on the date of enactment of this Act.
______
SA 2489. Mr. TESTER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1014. VETERANS BORDER PATROL SKILLBRIDGE PILOT PROGRAM.
(a) Short Title.--This section may be cited as the
``Veterans Border Patrol Training Act''.
(b) Border Patrol Skillbridge Pilot Program.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland
Security, in collaboration with the Secretary of Defense and
the Secretary of Veterans Affairs, shall establish an
interdepartmental pilot program through which the Department
of Homeland Security shall use the Department of Defense
SkillBridge Program to train and hire transitioning
servicemembers as Border Patrol agents for U.S. Customs and
Border Protection.
(2) Employment skills training.--In carrying out the pilot
program established pursuant to paragraph (1), the Secretary
of Homeland Security, in collaboration with the Secretary of
Defense, shall use the authorities available under section
1143 of title 10, United States Code, to train and facilitate
the transition of members of the armed forces to service as
Border Patrol agents.
(c) Annual Reports.--Not later than 1 year after the pilot
program is established pursuant to section (b)(1), and
annually thereafter until the date referred to in subsection
(d), the Secretary of Homeland Security, in consultation with
the Secretary of Defense and the Secretary of Veterans
Affairs, shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Armed Services of the Senate, the Committee on
Veterans' Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, the Committee on
Armed Services of the House of Representatives, and the
Committee on Veterans' Affairs of the House of
Representatives that includes, with respect to the reporting
period--
(1) the number of participants in the pilot program;
(2) the number of eligible participants who applied to be
part of the pilot program; and
(3) the number of pilot program participants who are--
(A) members the Armed Forces;
(B) reserve members of the Armed Forces;
(C) commissioned officers or non-commissioned officers;
(D) enlisted members of the Armed Forces;
(E) veterans;
(F) spouses of such members of the Armed Forces or
veterans; and
(G) dependents of such members of the Armed Forces or
veterans.
(d) Sunset Date.--The pilot program established pursuant to
subsection (b) shall terminate on the date that is 5 years
after the date on which such program is established.
______
SA 2490. Mr. KAINE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle I--Caribbean and Latin America Maritime Security Initiative
Act
SEC. 1291. SHORT TITLE.
This Act may be cited as the ``Caribbean and Latin America
Maritime Security Initiative Act''.
SEC. 1292. SUPPORT FOR IMPLEMENTATION OF BILATERAL AGREEMENTS
CONCERNING ILLICIT TRANSNATIONAL MARITIME
ACTIVITY IN THE CARIBBEAN AND LATIN AMERICA.
(a) In General.--The Secretary of Defense, in coordination
with the Commandant of the Coast Guard, and in consultation
with the Secretary of State, may provide covered assistance
to the Coast Guard for the execution of existing maritime law
enforcement agreements between the United States and
countries in the Caribbean and Latin America that were
entered into to combat transnational organized illegal
maritime activity, including illegal, unreported, and
unregulated fishing.
(b) Effect on Military Training and Readiness.--The
Secretary of Defense shall ensure that the provision of
covered assistance under this section does not negatively
affect military training, operations, readiness, or other
military requirements.
[[Page S4810]]
(c) Funds.--If the Secretary of Defense provides covered
assistance under subsection (a) during fiscal year 2025 or
any subsequent fiscal year, the Secretary shall provide such
covered assistance using amounts available for that fiscal
year for the Department of Defense for operation and
maintenance.
(d) Definitions.--In this section:
(1) Covered assistance.--The term ``covered assistance''
means any of the following:
(A) The use of surface and air assets as bases of
operations and information collection platforms.
(B) Communication infrastructure.
(C) Information sharing.
(D) The provision of logistic support, supplies, and
services (as such term is defined in section 2350 of title
10, United States Code).
(E) Allowing the participation of enforcement units of
countries in the Caribbean and Latin America in shiprider
agreements with the Coast Guard for the enforcement of
fisheries regulations that address illegal, unreported, and
unregulated fishing.
(2) Illegal, unreported, and unregulated fishing.--The term
``illegal, unreported, and unregulated fishing'' means any
activity set out in paragraph 3 of the 2001 Food and
Agriculture Organization of the United Nations International
Plan of Action to Prevent, Deter and Eliminate Illegal,
Unreported, and Unregulated Fishing.
SEC. 1293. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO ILLEGAL, UNREPORTED, OR UNREGULATED
FISHING.
(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to any foreign
person or foreign vessel (regardless of ownership) that the
President determines--
(1) is responsible for, complicit in, or has directly or
indirectly participated in--
(A) illegal, unreported, or unregulated fishing; or
(B) except as part of a conservation effort, the sale,
supply, purchase, or transfer (including transportation) of
endangered species, as defined in section 3(6) of the
Endangered Species Act of 1973 (16 U.S.C. 1532(6));
(2) is a leader or official of an entity, including a
government entity, that has engaged in, or the members of
which have engaged in, any of the activities described in
paragraph (1) during the tenure of the leader or official;
(3) has ever owned, operated, chartered, or controlled a
vessel during which time the personnel of the vessel engaged
in any of the activities described in paragraph (1); or
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services in support of--
(A) any of the activities described in paragraph (1); or
(B) any foreign person engaged in any such activity.
(b) Sanctions Described.--The sanctions that may be imposed
under subsection (a) with respect to a foreign person or
foreign vessel are the following:
(1) Blocking of property.--Notwithstanding section 202 of
the International Emergency Economic Powers Act (50 U.S.C.
1701), the exercise of all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
a foreign person described in subsection (a), if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(2) Inadmissibility to the united states.--In the case of a
foreign person described in subsection (a) who is an
individual, or any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, a foreign person described in
subsection (a) that is an entity--
(A) ineligibility for a visa to enter and inadmissibility
to the United States; and
(B) revocation of any valid visa or travel documentation in
accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)).
(3) Prohibition on access to the united states.--In the
case of a foreign vessel described in subsection (a), denial
of access to United States ports.
(4) Loans from united states financial institutions.--The
President may prohibit any United States financial
institution from making loans or providing credits to a
foreign person described in subsection (a).
(5) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which a foreign
person or foreign vessel described in subsection (a) has any
interest.
(6) Sanctions on principal executive officers.--The
President may impose any of the sanctions described in this
subsection that are applicable on the principal executive
officer or officers of the foreign person, or on individuals
performing similar functions and with similar authorities as
such officer or officers, who are knowingly responsible for,
complicit in, or responsible for ordering, controlling, or
otherwise directing, or participated in, any activity
described in subsection (a).
(c) Report Required.--Not later than 1 year after the
implementation of this section, and annually thereafter, the
President shall submit a report on the imposition of
sanctions under this section to--
(1) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under subsection (a) with respect to
a foreign person or foreign vessel if the President
determines that such a waiver is in the national interests of
the United States.
(e) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement activities.--Sanctions under this section shall
not apply with respect to activities subject to the reporting
requirements under title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence,
law enforcement, or national security activities of the
United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) shall not apply with
respect to the admission of an alien to the United States if
such admission is necessary to comply with the obligations of
the United States under the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success on
June 26, 1947, and entered into force on November 21, 1947,
between the United Nations and the United States, or the
Convention on Consular Relations, done at Vienna on April 24,
1963, and entered into force on March 19, 1967, or other
international obligations.
(3) Exception for safety of vessels and crew.--Sanctions
under this section shall not apply with respect to a person
providing provisions to a vessel if such provisions are
intended for the safety and care of the crew aboard the
vessel or the maintenance of the vessel to avoid any
environmental or other significant damage.
(4) Humanitarian exception.--The President may not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for--
(A) the sale of--
(i) agricultural commodities or food (other than fish or
fish products obtained through illegal, unreported, or
unregulated fishing); or
(ii) medicine or medical devices; or
(B) the provision of humanitarian assistance.
(f) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(g) Rulemaking.--
(1) In general.--The head of any Federal agency responsible
for the implementation of this section may promulgate such
rules and regulations as may be necessary to carry out the
provisions of this section (which may include regulatory
exceptions), including under section 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1704).
(2) Rule of construction.--Nothing in this section may be
construed to limit the authority of the President pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.).
(h) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person located in the United States.
______
SA 2491. Mr. KAINE (for himself and Mr. Young) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. REPEALS OF AUTHORIZATIONS FOR MILITARY FORCE.
(a) Repeal of Authorization for Use of Military Force
Against Iraq Resolution.--
[[Page S4811]]
The Authorization for Use of Military Force Against Iraq
Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541
note) is hereby repealed.
(b) Repeal of Authorization for Use of Military Force
Against Iraq Resolution of 2002.--The Authorization for Use
of Military Force Against Iraq Resolution of 2002 (Public Law
107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby
repealed.
______
SA 2492. Ms. ROSEN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 865. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE
PROVIDERS.
(a) In General.--Section 3(a) of the Small Business Act (15
U.S.C. 632(a)) is amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term `covered
nonprofit child care provider' means an organization--
``(i) that--
``(I) is in compliance with licensing requirements for
child care providers of the State in which the organization
is located;
``(II) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code;
``(III) is primarily engaged in providing child care for
children from birth to compulsory school age; and
``(IV) is in compliance with the size standards established
under this subsection for business concerns in the applicable
industry;
``(ii) for which each employee and regular volunteer
complies with the criminal background check requirements
under section 658H(b) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858f(b));
``(iii) that may--
``(I) provide care for school-age children outside of
school hours or outside of the school year; or
``(II) offer preschool or prekindergarten educational
programs; and
``(iv) subject to any exemption under Federal law
applicable to the organization, that certifies to the
Administrator that the organization will not discriminate in
any business practice, including providing services to the
public, on the basis of race, color, religion, sex, sexual
orientation, marital status, age, disability, or national
origin.
``(B) Eligibility for certain loan programs.--
``(i) In general.--Notwithstanding any other provision of
this subsection, a covered nonprofit child care provider
shall be deemed to be a small business concern for purposes
of loans under section 7(a) of this Act or financing under
title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.).
``(ii) Loan guarantee.--A covered nonprofit child care
center provider--
``(I) shall obtain a guarantee of timely payment of the
loan or financing from another person or entity to be
eligible for a loan or financing of more than $500,000 under
the authority under clause (i); and
``(II) shall not be required to obtain a guarantee of
timely payment of the loan or financing to be eligible for a
loan or financing that is not more than $500,000 under the
authority under clause (i).
``(C) Limitation on basis for ineligibility.--The
Administrator may not determine that a covered nonprofit
child care center provider is not eligible for a loan or
financing described in subparagraph (B)(i) on the basis that
the proceeds of the loan or financing will be used for a
religious activity protected under the First Amendment to the
Constitution of the United States, as interpreted by the
courts of the United States.''.
(b) Reporting.--
(1) Definition.--In this subsection, the term ``covered
nonprofit child care provider'' has the meaning given the
term in paragraph (10) of section 3(a) of the Small Business
Act (15 U.S.C. 632(a)), as added by subsection (a).
(2) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator of the Small Business Administration shall
submit to Congress a report that contains--
(A) for the year covered by the report--
(i) the number of loans made under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) and the number of
financings provided under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) to covered
nonprofit child care providers; and
(ii) the amount of such loans made and the amount of such
financings provided to covered nonprofit child care
providers; and
(B) any other information determined relevant by the
Administrator.
______
SA 2493. Ms. ROSEN (for herself and Mrs. Fischer) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. TELEPHONE HELPLINE FOR ASSISTANCE FOR VETERANS AND
OTHER ELIGIBLE INDIVIDUALS.
(a) Maintenance of Helpline.--
(1) In general.--The Secretary shall maintain a toll-free
telephone helpline that a covered individual may use to
obtain information about, or through which a covered
individual may be directed to, any service or benefit
provided under a law administered by the Secretary.
(2) Contract for direction of calls authorized.--The
Secretary may enter into a contract with a third-party to
direct calls made to the toll-free helpline maintained
pursuant to paragraph (1) to the appropriate office regarding
a service or benefit described in that paragraph.
(3) Live individual required.--The Secretary shall ensure
that a covered individual using the telephone helpline
maintained pursuant to paragraph (1) has the option to speak
with a live individual.
(b) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) a veteran;
(B) an individual acting on behalf of a veteran; or
(C) an individual, other than a veteran, who is eligible to
receive a benefit or service under a law administered by the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
(3) Veteran.--The term ``veteran'' has the meaning given
the term in section 2002(b) of title 38, United States Code.
______
SA 2494. Ms. ROSEN (for herself, Mrs. Fischer, Mr. Ricketts, and Mr.
Padilla) submitted an amendment intended to be proposed by her to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. HELPING EMERGENCY RESPONDERS OVERCOME ACT.
(a) Short Title.--This section may be cited as the
``Helping Emergency Responders Overcome Act'' or the ``HERO
Act''.
(b) Data System to Capture National Public Safety Officer
Suicide Incidence.--The Public Health Service Act is amended
by inserting after section 317V of such Act (42 U.S.C. 247b-
24) the following:
``SEC. 317W. DATA SYSTEM TO CAPTURE NATIONAL PUBLIC SAFETY
OFFICER SUICIDE INCIDENCE.
``(a) In General.--The Secretary, in coordination with
other agencies as the Secretary determines appropriate, may--
``(1) develop and maintain a data system, to be known as
the Public Safety Officer Suicide Reporting System, for the
purposes of--
``(A) collecting data on the suicide incidence among public
safety officers; and
``(B) facilitating the study of successful interventions to
reduce suicide among public safety officers; and
``(2) integrate such system into the National Violent Death
Reporting System, so long as the Secretary determines such
integration to be consistent with the purposes described in
paragraph (1).
``(b) Data Collection.--In collecting data for the Public
Safety Officer Suicide Reporting System, the Secretary shall,
at a minimum, collect the following information:
``(1) The total number of suicides in the United States
among all public safety officers in a given calendar year.
``(2) Suicide rates for public safety officers in a given
calendar year, disaggregated by--
``(A) age and gender of the public safety officer;
``(B) State;
``(C) occupation; including both the individual's role in
their public safety agency and their primary occupation in
the case of volunteer public safety officers;
``(D) where available, the status of the public safety
officer as volunteer, paid-on-call, or career; and
``(E) where available, the status of the public safety
officer as active or retired.
``(c) Data Privacy and Security.--In developing and
maintaining the Public Safety Officer Suicide Reporting
System, the Secretary shall ensure that all applicable
Federal privacy and security protections are followed to
ensure that--
``(1) the confidentiality and anonymity of suicide victims
and their families are protected, including so as to ensure
that data cannot be used to deny benefits; and
``(2) data is sufficiently secure to prevent unauthorized
access.
``(d) Reporting.--
``(1) Annual report.--Not later than 2 years after the date
of enactment of the Helping Emergency Responders Overcome
Act, and biannually thereafter, the Secretary shall submit a
report to the Congress on the suicide incidence among public
safety officers. Each such report shall--
[[Page S4812]]
``(A) include the number and rate of such suicide
incidence, disaggregated by age, gender, and State of
employment;
``(B) identify characteristics and contributing
circumstances for suicide among public safety officers;
``(C) disaggregate rates of suicide by--
``(i) occupation;
``(ii) status as volunteer, paid-on-call, or career, where
available; and
``(iii) status as active or retired, where available;
``(D) include recommendations for further study regarding
the suicide incidence among public safety officers;
``(E) specify in detail any obstacles in collecting suicide
rates for volunteers and include recommended improvements to
overcome such obstacles;
``(F) identify options for interventions to reduce suicide
among public safety officers; and
``(G) describe procedures to ensure the confidentiality and
anonymity of suicide victims and their families, as described
in subsection (c)(1).
``(2) Public availability.--Upon the submission of each
report to the Congress under paragraph (1), the Secretary
shall make the full report publicly available on the website
of the Centers for Disease Control and Prevention.
``(e) Definition.--In this section, the term `public safety
officer' means--
``(1) a public safety officer as defined in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968; or
``(2) a public safety telecommunicator as described in
detailed occupation 43-5031 in the Standard Occupational
Classification Manual of the Office of Management and Budget
(2018).
``(f) Prohibited Use of Information.--Notwithstanding any
other provision of law, if an individual is identified as
deceased based on information contained in the Public Safety
Officer Suicide Reporting System, such information may not be
used to deny or rescind life insurance payments or other
benefits to a survivor of the deceased individual.''.
(c) Peer-support Behavioral Health and Wellness Programs
Within Fire Departments and Emergency Medical Service
Agencies.--
(1) In general.--Part B of title III of the Public Health
Service Act (42 U.S.C. 243 et seq.) is amended by adding at
the end the following:
``SEC. 320C. PEER-SUPPORT BEHAVIORAL HEALTH AND WELLNESS
PROGRAMS WITHIN FIRE DEPARTMENTS AND EMERGENCY
MEDICAL SERVICE AGENCIES.
``(a) In General.--The Secretary may award grants to
eligible entities for the purpose of establishing or
enhancing peer-support behavioral health and wellness
programs within fire departments and emergency medical
services agencies.
``(b) Program Description.--A peer-support behavioral
health and wellness program funded under this section shall--
``(1) use career and volunteer members of fire departments
or emergency medical services agencies to serve as peer
counselors;
``(2) provide training to members of career, volunteer, and
combination fire departments or emergency medical service
agencies to serve as such peer counselors;
``(3) purchase materials to be used exclusively to provide
such training; or
``(4) disseminate such information and materials as are
necessary to conduct the program.
``(c) Definition.--In this section:
``(1) The term `eligible entity' means a nonprofit
organization with expertise and experience with respect to
the health and life safety of members of fire and emergency
medical services agencies.
``(2) The term `member'--
``(A) with respect to an emergency medical services agency,
means an employee who is a member of a rescue squad or
ambulance crew (as defined in section 1204 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10284)), regardless of rank or whether the employee receives
compensation; and
``(B) with respect to a fire department, means any
employee, regardless of rank or whether the employee receives
compensation, of a Federal, State, Tribal, or local fire
department who is responsible for responding to calls for
emergency service.''.
(2) Technical correction.--Effective as if included in the
enactment of the Children's Health Act of 2000 (Public Law
106-310), the amendment instruction in section 1603 of such
Act is amended by striking ``Part B of the Public Health
Service Act'' and inserting ``Part B of title III of the
Public Health Service Act''.
(d) Development of Resources for Educating Mental Health
Professionals About Treating Fire Fighters and Emergency
Medical Services Personnel.--
(1) In general.--The Administrator, in consultation with
the Secretary of Health and Human Services, shall develop and
make publicly available resources that may be used by the
Federal Government and other entities to educate mental
health professionals about--
(A) the culture of Federal, State, Tribal, and local
career, volunteer, and combination fire departments and
emergency medical services agencies;
(B) the different stressors experienced by firefighters and
emergency medical services personnel, supervisory
firefighters and emergency medical services personnel, and
chief officers of fire departments and emergency medical
services agencies;
(C) challenges encountered by retired firefighters and
emergency medical services personnel; and
(D) evidence-based therapies for mental health issues
common to firefighters and emergency medical services
personnel within such departments and agencies.
(2) Consultation.--In developing resources under paragraph
(1), the Administrator, in coordination with the Secretary of
Health and Human Services, shall consult with national fire
and emergency medical services organizations.
(3) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the United States Fire Administration.
(B) Chief officer.--The term ``chief officer'' means any
individual who is responsible for the overall operation of a
fire department or an emergency medical services agency,
irrespective of whether such individual also serves as a
firefighter or emergency medical services personnel.
(C) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an employee
who is a member of a rescue squad or ambulance crew (as
defined in section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10284)),
regardless of rank or whether the employee receives
compensation.
(D) Firefighter.--The term ``firefighter'' means any
employee, regardless of rank or whether the employee receives
compensation, of a Federal, State, Tribal, or local fire
department who is responsible for responding to calls for
emergency service.
(e) Best Practices and Other Resources for Addressing
Posttraumatic Stress Disorder in Public Safety Officers.--
(1) Development; updates.--The Secretary of Health and
Human Services shall--
(A) develop and assemble evidence-based best practices and
other resources to identify, prevent, and treat posttraumatic
stress disorder and co-occurring disorders in public safety
officers; and
(B) reassess and update, as the Secretary determines
necessary, such best practices and resources, including based
upon the options for interventions to reduce suicide among
public safety officers identified in the annual reports
required by section 317W(d)(1)(F) of the Public Health
Service Act, as added by subsection (b).
(2) Consultation.--In developing, assembling, and updating
the best practices and resources under paragraph (1), the
Secretary of Health and Human Services shall consult with, at
a minimum, the following:
(A) Public health experts.
(B) Mental health experts with experience in studying
suicide and other profession-related traumatic stress.
(C) Clinicians with experience in diagnosing and treating
mental health issues.
(D) Relevant national police, fire, and emergency medical
services organizations.
(3) Availability.--The Secretary of Health and Human
Services shall make the best practices and resources under
paragraph (1) available to Federal, State, and local fire,
law enforcement, and emergency medical services agencies.
(4) Federal training and development programs.--The
Secretary of Health and Human Services shall work with
Federal departments and agencies, including the United States
Fire Administration, to incorporate education and training on
the best practices and resources under paragraph (1) into
Federal training and development programs for public safety
officers.
(5) Definition.--In this section, the term ``public safety
officer'' means--
(A) a public safety officer, as defined in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10284); or
(B) a public safety telecommunicator, as described in
detailed occupation 43-5031 in the Standard Occupational
Classification Manual of the Office of Management and Budget
(2018).
______
SA 2495. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. GRANTS FOR STATE, COUNTY, AND TRIBAL VETERANS'
CEMETERIES THAT ALLOW INTERMENT OF CERTAIN
PERSONS ELIGIBLE FOR INTERMENT IN NATIONAL
CEMETERIES.
Section 2408 of title 38, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) The Secretary may not establish a condition for a
grant under this section that
[[Page S4813]]
restricts the ability of a State, county, or tribal
organization receiving such a grant to allow the interment of
any person described in paragraph (8) or (10) of section
2402(a) of this title in a veterans' cemetery owned by that
State or county or on trust land owned by, or held in trust
for, that tribal organization.
``(2) The Secretary may not deny an application for a grant
under this section solely on the basis that the State,
county, or tribal organization receiving such grant may use
funds from such grant to expand, improve, operate, or
maintain a veterans' cemetery in which interment of persons
described in paragraph (8) or (10) of section 2402(a) of this
title is allowed.
``(3)(A) When requested by a State, county, or tribal
organization in receipt of a grant made under this section,
the Secretary shall--
``(i) determine whether a person is eligible for burial in
a national cemetery under paragraph (8) or (10) of section
2402(a) of this title; and
``(ii) advise the grant recipient of the determination.
``(B) A grant recipient described in subparagraph (A) may
use a determination of the Secretary under such subparagraph
as a determination of the eligibility of the person concerned
for burial in the cemetery for which the grant was made.''.
______
SA 2496. Mr. SCHATZ (for himself, Mr. Cruz, and Mr. Murphy) submitted
an amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following new title:
TITLE __--MAKING SOCIAL MEDIA SAFER FOR CHILDREN AND TEENS
Subtitle A--Kids Off Social Media Act
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Kids Off Social Media
Act''.
SEC. __2. DEFINITIONS.
In this subtitle:
(1) Personalized recommendation system.--The term
``personalized recommendation system'' means a fully or
partially automated system used to suggest, promote, or rank
content, including other users or posts, based on the
personal data of users.
(2) Child.--The term ``child'' means an individual under
the age of 13.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Know or knows.--The term ``know'' or ``knows'' means to
have actual knowledge or knowledge fairly implied on the
basis of objective circumstances.
(5) Personal data.--The term ``personal data'' has the same
meaning as the term ``personal information'' as defined in
section 1302 of the Children's Online Privacy Protection Act
(15 U.S.C. 6501) .
(6) Social medial platform.--
(A) In general.--The term ``social media platform'' means a
public-facing website, online service, online application, or
mobile application that--
(i) is directed to consumers;
(ii) collects personal data;
(iii) primarily derives revenue from advertising or the
sale of personal data; and
(iv) as its primary function provides a community forum for
user-generated content, including messages, videos, and audio
files among users where such content is primarily intended
for viewing, resharing, or platform-enabled distributed
social endorsement or comment.
(B) Limitation.--The term ``social medial platform'' does
not include a platform that, as its primary function for
consumers, provides or facilitates any of the following:
(i) The purchase and sale of commercial goods.
(ii) Teleconferencing or videoconferencing services that
allow reception and transmission of audio or video signals
for real-time communication, provided that the real-time
communication is initiated by using a unique link or
identifier to facilitate access.
(iii) Crowd-sourced reference guides such as encyclopedias
and dictionaries.
(iv) Cloud storage, file sharing, or file collaboration
services, including such services that allow collaborative
editing by invited users.
(v) The playing or creation of video games.
(vi) Content that consists primarily of news, sports,
sports coverage, entertainment, or other information or
content that is not user-generated but is preselected by the
platform and for which any chat, comment, or interactive
functionality is incidental, directly related to, or
dependent on the provision of the content provided by the
platform.
(vii) Business, product, or travel information including
user reviews or rankings of such businesses, products, or
other travel information.
(viii) Educational information, experiences, training, or
instruction provided to build knowledge, skills, or a craft,
district-sanctioned or school-sanctioned learning management
systems and school information systems for the purposes of
schools conveying content related to the education of
students, or services or services on behalf of or in support
of an elementary school or secondary school, as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(ix) An email service.
(x) A wireless messaging service, including such a service
provided through short message service or multimedia
messaging protocols, that is not a component of, or linked
to, a social media platform and where the predominant or
exclusive function of the messaging service is direct
messaging consisting of the transmission of text, photos, or
videos that are sent by electronic means, where messages are
transmitted from the sender to the recipient and are not
posted publicly or within a social media platform.
(xi) A broadband internet access service (as such term is
defined for purposes of section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation).
(xii) A virtual private network or similar service that
exists solely to route internet traffic between locations.
(7) Teen.--The term ``teen'' means an individual over the
age of 12 and under the age of 17.
(8) User.--The term ``user'' means, with respect to a
social media platform, an individual who registers an account
or creates a profile on the social media platform.
SEC. __3. NO CHILDREN UNDER 13.
(a) No Accounts for Children Under 13.--A social media
platform shall not permit an individual to create or maintain
an account or profile if it knows that the individual is a
child.
(b) Termination of Existing Accounts Belonging to
Children.--A social media platform shall terminate any
existing account or profile of a user who the social media
platform knows is a child.
(c) Deletion of Children's Personal Data.--
(1) In general.--Subject to paragraph (2), upon termination
of an existing account or profile of a user pursuant to
subsection (b), a social media platform shall immediately
delete all personal data collected from the user or submitted
by the user to the social media platform.
(2) Children's access to personal data.--To the extent
technically feasible and not in violation of any licensing
agreement, a social media platform shall allow the user of an
existing account or profile that the social media platform
has terminated under subsection (b), from the date such
termination occurs to the date that is 90 days after such
date, to request, and shall provide to such user upon such
request, a copy of the personal data collected from the user
or submitted by the user to the social media platform both--
(A) in a manner that is readable and which a reasonable
person can understand; and
(B) in a portable, structured, and machine-readable format.
(d) Rule of Construction.--Nothing in subsection (c) shall
be construed to prohibit a social media platform from
retaining a record of the termination of an account or
profile and the minimum information necessary for the
purposes of ensuring compliance with this section.
SEC. __3. PROHIBITION ON THE USE OF PERSONALIZED
RECOMMENDATION SYSTEMS ON CHILDREN OR TEENS.
(a) In General.--
(1) Prohibition on use of personalized recommendation
systems on children or teens.--Except as provided in
paragraph (2), a social media platform shall not use the
personal data of a user or visitor in a personalized
recommendation system to display content if the platform
knows that the user or visitor is a child or teen.
(2) Exception.--A social media platform may use a
personalized recommendation system to display content to a
child or teen if the system only uses the following personal
data of the child or teen:
(A) The type of device used by the child or teen.
(B) The languages used by the child or teen to communicate.
(C) The city or town in which the child or teen is located.
(D) The fact that the individual is a child or teen.
(E) The age of the child or teen.
(b) Rule of Construction.--The prohibition in subsection
(a) shall not be construed to--
(1) prevent a social media platform from providing search
results to a child or teen deliberately or independently
searching for (such as by typing a phrase into a search bar
or providing spoken input), or specifically requesting,
content, so long as such results are not based on the
personal data of the child or teen (except to the extent
permitted under subsection (a)(2));
(2) prevent a social media platform from taking reasonable
measures to--
(A) block, detect, or prevent the distribution of unlawful
or obscene material;
(B) block or filter spam, or protect the security of a
platform or service; or
(C) prevent criminal activity; or
(3) prohibit a social media platform from displaying user-
generated content that has been selected, followed, or
subscribed to by a teen account holder as long as the display
of the content is based on a chronological format.
[[Page S4814]]
SEC. __4. DETERMINATION OF WHETHER AN OPERATOR HAS KNOWLEDGE
FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE
CIRCUMSTANCES THAT AN INDIVIDUAL IS A CHILD OR
TEEN.
(a) Rules of Construction.--For purposes of enforcing this
subtitle, in making a determination as to whether a social
media platform has knowledge fairly implied on the basis of
objective circumstances that a user is a child or teen, the
Commission or the attorney general of a State, as applicable,
shall rely on competent and reliable evidence, taking into
account the totality of circumstances, including whether a
reasonable and prudent person under the circumstances would
have known that the user is a child or teen.
(b) Protections for Privacy.--Nothing in this subtitle,
including a determination described in subsection (a), shall
be construed to require a social media platform to--
(1) implement an age gating or age verification
functionality; or
(2) affirmatively collect any personal data with respect to
the age of users that the social media platform is not
already collecting in the normal course of business.
(c) Restriction on Use and Retention of Personal Data.--If
a social media platform or a third party acting on behalf of
a social media platform voluntarily collects personal data
for the purpose of complying with this subtitle, the social
media platform or a third party shall not--
(1) use any personal data collected specifically for a
purpose other than for sole compliance with the obligations
under this subtitle; or
(2) retain any personal data collected from a user for
longer than is necessary to comply with the obligations under
this subtitle or than is minimally necessary to demonstrate
compliance with this subtitle.
SEC. __5. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this subtitle shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this subtitle
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this subtitle.
(B) Privileges and immunities.--Any person who violates
this subtitle shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this subtitle shall be
construed to limit the authority of the Commission under any
other provision of law.
(b) Enforcement by States.--
(1) Authorization.--Subject to paragraph (3), in any case
in which the attorney general of a State has reason to
believe that an interest of the residents of the State has
been or is threatened or adversely affected by the engagement
of a social media platform in a practice that violates this
subtitle, the attorney general of the State may, as parens
patriae, bring a civil action against the social media
platform on behalf of the residents of the State in an
appropriate district court of the United States to--
(A) enjoin that practice;
(B) enforce compliance with this subtitle;
(C) on behalf of residents of the States, obtain damages,
restitution, or other compensation, each of which shall be
distributed in accordance with State law; or
(D) obtain such other relief as the court may consider to
be appropriate.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--The attorney general of a State shall
notify the Commission in writing that the attorney general
intends to bring a civil action under paragraph (1) before
the filing of the civil action.
(ii) Contents.--The notification required under clause (i)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate the civil action.
(iii) Clause (i) shall not apply with respect to the filing
of an action by an attorney general of a State under this
paragraph if the attorney general of the State determines
that it not feasible to provide the notice required in that
clause before filing the action.
(B) Intervention by federal trade commission.--Upon
receiving notice under subparagraph (A)(i), the Commission
shall have the right to intervene in the action that is the
subject of the notice.
(3) Effect of intervention.--If the Commission intervenes
in an action under paragraph (1), it shall have the right--
(A) to be heard with respect to any matter that arises in
that action; and
(B) file a petition for appeal.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the production of
documentary or other evidence.
(5) Preemptive action by federal trade commission.--In any
case in which an action is instituted by or on behalf of the
Commission for a violation of this subtitle, no State may ,
during the pendency of that action, institute a separate
civil action under paragraph (1) against any defendant named
in the complaint in the action instituted by or on behalf of
the Commission for that violation.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1) may be
brought in--
(i) the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code; or
(ii) another court of competent jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in which
the defendant--
(i) is an inhabitant; or
(ii) may be found.
SEC. __6. RELATIONSHIP TO OTHER LAWS.
The provisions of this subtitle 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
subtitle. Nothing in this subtitle shall be construed to
prohibit a State from enacting a law, rule, or regulation
that provides greater protection to children or teens than
the protection provided by the provisions of this subtitle.
Nothing in this subtitle shall be construed to--
(1) affect the application of--
(A) section 444 of the General Education Provisions Act (20
U.S.C. 1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'') or other Federal or State
laws governing student privacy; or
(B) the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501 et seq.) or any rule or regulation
promulgated under such Act; or
(2) authorize any action that would conflict with section
18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
SEC. __7. EFFECTIVE DATE.
This subtitle shall take effect 1 year after the date of
enactment of this Act.
Subtitle B--Eyes on the Board Act of 2024
SEC. __8. SHORT TITLE.
This subtitle may be cited as the ``Eyes on the Board Act
of 2024''.
SEC. __9. UPDATING THE CHILDREN'S INTERNET PROTECTION ACT TO
INCLUDE SOCIAL MEDIA PLATFORMS.
(a) In General.--Section 1721 of the Children's Internet
Protection Act (title XVII of Public Law 106-554) is
amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Limitation on Use of School Broadband Subsidies for
Access to Social Media Platforms.--
``(1) Definitions.--In this subsection:
``(A) Commission.--The term `Commission' means the Federal
Communications Commission.
``(B) Social media platform.--The term `social media
platform'--
``(i) means any website, online service, online
application, or mobile application that--
``(I) serves the public; and
``(II) primarily provides a forum for users to communicate
user-generated content, including messages, videos, images,
and audio files, to other online users; and
``(ii) does not include--
``(I) an internet service provider;
``(II) electronic mail;
``(III) an online service, application, or website--
``(aa) that consists primarily of content that is not user-
generated, but is preselected by the provider; and
``(bb) for which any chat, comment, or interactive
functionality is incidental to, directly related to, or
dependent on the provision of content described in item (aa);
``(IV) an online service, application, or website--
``(aa) that is non-commercial and primarily designed for
educational purposes; and
``(bb) the revenue of which is not primarily derived from
advertising or the sale of personal data;
``(V) a wireless messaging service, including such a
service provided through a short messaging service or
multimedia service protocols--
``(aa) that is not a component of, or linked to, a website,
online service, online application, or mobile application
described in clause (i); and
``(bb) the predominant or exclusive function of which is
direct messaging consisting of the transmission of text,
photos, or videos that--
``(AA) are sent by electronic means from the sender to a
recipient; and
``(BB) are not posted publicly or on a website, online
service, online application, or mobile application described
in clause (i);
``(VI) a teleconferencing or video conferencing service
that allows for the reception and transmission of audio or
video signals for real-time communication that is initiated
by using a unique link or identifier to facilitate access;
``(VII) a product or service that primarily functions as
business-to-business software or a cloud storage, file
sharing, or file collaboration service; or
``(VIII) an organization that is not organized to carry on
business for the profit of
[[Page S4815]]
the organization or of the members of the organization.
``(C) Technology protection measure.--The term `technology
protection measure' means a specific technology that blocks
or filters access to a social media platform.
``(2) Requirements with respect to social media
platforms.--
``(A) In general.--
``(i) Certification required.--An elementary or secondary
school that is subject to paragraph (5) of section 254(h) of
the Communications Act of 1934 (47 U.S.C. 254(h)) (referred
to in this paragraph as `section 254(h)') may not receive
services at discount rates under section 254(h) unless the
school, school board, local educational agency, or other
authority with responsibility for administration of the
school--
``(I) submits to the Commission the certification described
in subparagraph (B); and
``(II) ensures that the use of the school's supported
services, devices, and networks is in accordance with the
certification described in subclause (I).
``(ii) Rule of construction.--Nothing in clause (i) may be
construed to prohibit--
``(I) district-sanctioned or school-sanctioned learning
management systems and school information systems used for
purposes of schools conveying content related to the
education of students; or
``(II) a teacher from using a social media platform in the
classroom for educational purposes.
``(B) Certification with respect to students and social
media.--
``(i) In general.--A certification under this subparagraph
is a certification that the applicable school, school board,
local educational agency, or other authority with
responsibility for administration of the school--
``(I) is enforcing a policy of preventing students of the
school from accessing social media platforms on any supported
service, device, or network that includes--
``(aa) monitoring the online activities of any such
service, device, or network to determine if those students
are accessing social media platforms; and
``(bb) the operation of a technology protection measure
with respect to those services, devices, and networks that
protects against access by those students to a social media
platform; and
``(II) is enforcing the operation of the technology
protection measure described in subclause (I) during any use
of supported services, devices, or networks by students of
the school.
``(ii) Rule of construction.--Nothing in this subparagraph
may be construed to require the applicable school, school
board, local educational agency, or other authority to track
an individual website, online application, or mobile
application that a student is attempting to access (or any
search terms used by, or the browsing history of, a student)
beyond the identity of the website or application and whether
access to the website or application is blocked by a
technology protection measure because the website or
application is a social media platform.
``(C) Timing of implementation.--
``(i) In general.--In the case of a school to which this
paragraph applies, the certification under this paragraph
shall be made--
``(I) with respect to the first program funding year under
section 254(h) after the date of enactment of the Eyes on the
Board Act of 2024, not later than 120 days after the
beginning of that program funding year; and
``(II) with respect to any subsequent funding year, as part
of the application process for that program funding year.
``(ii) Process.--
``(I) Schools with measures in place.--A school covered by
clause (i) that has in place measures meeting the
requirements necessary for certification under this paragraph
shall certify its compliance with this paragraph during each
annual program application cycle under section 254(h), except
that, with respect to the first program funding year after
the date of enactment of the Eyes on the Board Act of 2024,
the certification shall be made not later than 120 days after
the beginning of that first program funding year.
``(II) Schools without measures in place.--
``(aa) First 2 program years.--A school covered by clause
(i) that does not have in place measures meeting the
requirements for certification under this paragraph--
``(AA) for the first program year after the date of
enactment of the Eyes on the Board Act of 2024 in which the
school is applying for funds under section 254(h), shall
certify that the school is undertaking such actions,
including any necessary procurement procedures, to put in
place measures meeting the requirements for certification
under this paragraph; and
``(BB) for the second program year after the date of
enactment of the Eyes on the Board Act of 2024 in which the
school is applying for funds under section 254(h), shall
certify that the school is in compliance with this paragraph.
``(bb) Subsequent program years.--Any school that is unable
to certify compliance with such requirements in such second
program year shall be ineligible for services at discount
rates or funding in lieu of services at such rates under
section 254(h) for such second year and all subsequent
program years under section 254(h), until such time as such
school comes into compliance with this paragraph.
``(III) Waivers.--Any school subject to subclause (II) that
cannot come into compliance with subparagraph (B) in such
second program year may seek a waiver of subclause
(II)(aa)(BB) if State or local procurement rules or
regulations or competitive bidding requirements prevent the
making of the certification otherwise required by such
subclause. A school, school board, local educational agency,
or other authority with responsibility for administration of
the school shall notify the Commission of the applicability
of such subclause to the school. Such notice shall certify
that the school in question will be brought into compliance
before the start of the third program year after the date of
enactment of the Eyes on the Board Act of 2024 in which the
school is applying for funds under section 254(h).
``(D) Noncompliance.--
``(i) Failure to submit certification.--Any school that
knowingly fails to comply with the application guidelines
regarding the annual submission of a certification required
by this paragraph shall not be eligible for services at
discount rates or funding in lieu of services at such rates
under section 254(h).
``(ii) Failure to comply with certification.--Any school
that knowingly fails to ensure the use of its computers in
accordance with a certification under subparagraph (B) shall
reimburse any funds and discounts received under section
254(h) for the period covered by such certification.
``(iii) Remedy of noncompliance.--
``(I) Failure to submit.--A school that has failed to
submit a certification under clause (i) may remedy the
failure by submitting the certification to which the failure
relates. Upon submittal of such certification, the school
shall be eligible for services at discount rates under
section 254(h).
``(II) Failure to comply.--A school that has failed to
comply with a certification as described in clause (ii) may
remedy the failure by ensuring the use of its computers in
accordance with such certification. Upon submittal to the
Commission of a certification or other appropriate evidence
of such remedy, the school shall be eligible for services at
discount rates under section 254(h).
``(E) Rule of construction.--Nothing in this paragraph may
be construed to consider a school, school board, local
educational agency, or other authority with responsibility
for the administration of a school in violation of this
paragraph if that school, school board, local educational
agency, or other authority makes a good faith effort to
comply with this paragraph and to correct a known violation
of this paragraph within a reasonable period of time.
``(3) Enforcement.--The Commission shall--
``(A) not later than 120 days after the date of enactment
of the Eyes on the Board Act of 2024, amend the rules of the
Commission to carry out this subsection; and
``(B) enforce this subsection, and any rules issued under
this subsection, as if this subsection and those rules were
part of the Communications Act of 1934 (47 U.S.C. 151 et
seq.) or the rules issued under that Act.''.
(b) Technical and Conforming Amendments.--Section 254(h) of
the Communications Act of 1934 (47 U.S.C. 254(h)) is
amended--
(1) in paragraph (5)(E)--
(A) in clause (i), in the matter preceding subclause (I),
by striking ``1721(h)'' and inserting ``1721(i)''; and
(B) in clause (ii)(I), by striking ``1721(h)'' and
inserting ``1721(i)''; and
(2) in paragraph (6)(E)--
(A) in clause (i), in the matter preceding subclause (I),
by striking ``1721(h)'' and inserting ``1721(i)''; and
(B) in clause (ii)(I), by striking ``1721(h)'' and
inserting ``1721(i)''.
SEC. _10. EMPOWERING TRANSPARENCY WITH RESPECT TO SCREEN TIME
IN SCHOOLS.
(a) In General.--Section 254(h)(5)(B) of the Communications
Act of 1934 (47 U.S.C. 254(h)(5)(B)) is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) has adopted a screen time policy that includes
guidelines, disaggregated by grade, for the number of hours
and uses of screen time that may be assigned to students,
whether during school hours or as homework, on a regular
basis.''.
(b) Certification and Reporting.--Beginning in the first
funding year that begins after the date of enactment of this
Act, each school seeking support under section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)) (without regard
to whether the school submits an application directly for
that support or such an application is submitted on behalf of
the school by a consortium or school district) shall, as a
condition of receiving that support--
(1) certify that the school will comply with the
requirements of this section and the amendments made by this
section for the year covered by the application; and
(2) provide to the Federal Communications Commission
(referred to in this section as the ``Commission'') a copy of
the screen time policy of the school to which the
certification relates.
(c) Commission Requirements.--Not later than 120 days after
the date of enactment of this Act, the Commission shall amend
the rules of the Commission to carry out this section and the
amendments made by this section.
[[Page S4816]]
SEC. _11. INTERNET SAFETY POLICIES.
Section 254 of the Communications Act of 1934 (47 U.S.C.
254) is amended--
(1) in subsection (h)(5)--
(A) in subparagraph (A)(i)--
(i) in subclause (I), by inserting ``and copies of the
Internet safety policy and screen time policy to which each
such certification pertains'' before the semicolon at the
end; and
(ii) in subclause (II)--
(I) by striking ``Commission'' and all that follows through
the end of the subclause and inserting the following:
``Commission--
``(aa) a certification that an Internet safety policy and
screen time policy described in subclause (I) have been
adopted and implemented for the school; and''; and
(II) by adding at the end the following:
``(bb) copies of the Internet safety policy and screen time
policy described in item (aa); and''; and
(B) by adding at the end the following:
``(G) Database of internet safety and screen time
policies.--The Commission shall establish an easily
accessible, public database that contains each Internet
safety policy and screen time policy submitted to the
Commission under subclauses (I) and (II) of subparagraph
(A)(i).''; and
(2) in subsection (l), by striking paragraph (3) and
inserting the following:
``(3) Availability for review.--A copy of each Internet
safety policy adopted by a library under this subsection
shall be made available to the Commission, upon request of
the Commission, by the library for purposes of the review of
the Internet safety policy by the Commission.''.
Subtitle C--Severability
SEC. _12. 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 amendments made by
this title shall not be affected.
______
SA 2497. Mr. COONS (for himself, Mr. Graham, Mr. Tillis, Mr.
Heinrich, Mr. King, Mr. Whitehouse, Mrs. Shaheen, Mr. Ricketts, Ms.
Hirono, and Mr. Scott of South Carolina) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--United States Foundation for International Conservation
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``United States
Foundation for International Conservation Act of 2024''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Board.--The term ``Board'' means the Board of Directors
established pursuant to section 1294(a).
(3) Eligible country.--The term ``eligible country'' means
any country described in section 1297(b).
(4) Eligible project.--The term ``eligible project'' means
any project described in section 1297(a)(2).
(5) Executive director.--The term ``Executive Director''
means the Executive Director of the Foundation hired pursuant
to section 1294(b).
(6) Foundation.--The term ``Foundation'' means the United
States Foundation for International Conservation established
pursuant to section 1293(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 1293. UNITED STATES FOUNDATION FOR INTERNATIONAL
CONSERVATION.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish the
United States Foundation for International Conservation,
which shall be operated as a charitable, nonprofit
corporation.
(2) Independence.--The Foundation is not an agency or
instrumentality of the United States Government.
(3) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation is an
organization described in subsection (c) of section 501 of
the Internal Revenue Code of 1986, which exempt the
organization from taxation under subsection (a) of such
section.
(4) Termination of operations.--The Foundation shall
terminate operations on the date that is 10 years after the
date on which the Foundation becomes operational, in
accordance with--
(A) a plan for winding down the activities of the
Foundation that the Board shall submit to the appropriate
congressional committees not later than 180 days before such
termination date; and
(B) the bylaws established pursuant to section 1294(b)(13).
(b) Purposes.--The purposes of the Foundation are--
(1) to provide grants for the responsible management of
designated priority primarily protected and conserved areas
in eligible countries that have a high degree of biodiversity
or species and ecosystems of significant ecological value;
(2) to promote responsible, long-term management of
primarily protected and conserved areas and their contiguous
buffer zones;
(3) to incentivize, leverage, accept, and effectively
administer governmental and nongovernmental funds, including
donations from the private sector, to increase the
availability and predictability of financing for responsible,
long-term management of primarily protected and conserved
areas in eligible countries;
(4) to help close critical gaps in public international
conservation efforts in eligible countries by--
(A) increasing private sector investment, including
investments from philanthropic entities; and
(B) collaborating with partners providing bilateral and
multilateral financing to support enhanced coordination,
including public and private funders, partner governments,
local protected areas authorities, and private and
nongovernmental organization partners;
(5) to identify and financially support viable projects
that--
(A) promote responsible, long-term management of primarily
protected and conserved areas and their contiguous buffer
zones in eligible countries, including support for the
management of terrestrial, coastal, freshwater, and marine
protected areas, parks, community conservancies, Indigenous
reserves, conservation easements, and biological reserves;
and
(B) provide effective area-based conservation measures,
consistent with best practices and standards for
environmental and social safeguards; and
(6) to coordinate with, consult, and otherwise support and
assist, governments, private sector entities, local
communities, Indigenous Peoples, and other stakeholders in
eligible countries in undertaking biodiversity conservation
activities--
(A) to achieve measurable and enduring biodiversity
conservation outcomes; and
(B) to improve local security, governance, food security,
and economic opportunities.
(c) Plan of Action.--
(1) In general.--Not later than 6 months after the
establishment of the Foundation, the Executive Director shall
submit for approval from the Board an initial 3-year Plan of
Action to implement the purposes of this subtitle,
including--
(A) a description of the priority actions to be undertaken
by the Foundation over the proceeding 3-year period,
including a timeline for implementation of such priority
actions;
(B) descriptions of the processes and criteria by which--
(i) eligible countries, in which eligible projects may be
selected to receive assistance under this subtitle, will be
identified;
(ii) grant proposals for Foundation activities in eligible
countries will be developed, evaluated, and selected; and
(iii) grant implementation will be monitored and evaluated;
(C) the projected staffing and budgetary requirements of
the Foundation during the proceeding 3-year period.
(D) a plan to maximize commitments from private sector
entities to fund the Foundation.
(2) Submission.--The Executive Director shall submit the
initial Plan of Action to the appropriate congressional
committees not later than 5 days after the Plan of Action is
approved by the Board.
(3) Updates.--The Executive Director shall annually update
the Plan of Action and submit each such updated plan to the
appropriate congressional committees not later that 5 days
after the update plan is approved by the Board.
SEC. 1294. GOVERNANCE OF THE FOUNDATION.
(a) Executive Director.--There shall be in the Foundation
an Executive Director, who shall--
(1) manage the Foundation; and
(2) report to, and be under the direct authority, of the
Board.
(b) Board of Directors.--
(1) Governance.--The Foundation shall be governed by a
Board of Directors, which--
(A) shall perform the functions specified to be carried out
by the Board under this subtitle; and
(B) may prescribe, amend, and repeal bylaws, rules,
regulations, and procedures governing the manner in which the
business of the Foundation may be conducted and in which the
powers granted to it by law may be exercised.
(2) Membership.--The Board shall be composed of--
(A) the Secretary of State, the Administrator of the United
States Agency for International Development, and the heads of
three other relevant Federal departments or agencies with
responsibilities that include management of land or marine
conservation areas, as determined by the Secretary, or the
Senate-confirmed designees of such officials; and
(B) 8 other individuals, who shall be appointed by the
Secretary, in consultation
[[Page S4817]]
with the members of the Board described in subparagraph (A),
the Speaker and Minority Leader of the House of
Representatives, and the President Pro Tempore and Minority
Leader of the Senate, of whom--
(i) 4 members shall be private-sector donors making
financial contributions to the Foundation; and
(ii) 4 members shall be independent experts who, in
addition to meeting the qualification requirements described
in paragraph (3), represent diverse points of view and
diverse geographies, to the maximum extent practicable.
(3) Qualifications.--Each member of the Board appointed
pursuant to paragraph (2)(B) shall be knowledgeable and
experienced in matters relating to--
(A) international development;
(B) protected area management and the conservation of
global biodiversity, fish and wildlife, ecosystem
restoration, adaptation, and resilience; and
(C) grantmaking in support of international conservation.
(4) Political affiliation.--Not more than 5 of the members
appointed to the Board pursuant to paragraph (2)(B) may be
affiliated with the same political party.
(5) Conflicts of interest.--Any individual with business
interests, financial holdings, or controlling interests in
any entity that has sought support, or is receiving support,
from the Foundation may not be appointed to the Board during
the 5-year period immediately preceding such appointment.
(6) Chairperson.--The Board shall elect, from among its
members, a Chairperson, who shall serve for a 2-year term.
(7) Terms; vacancies.--
(A) Terms.--
(i) In general.--The term of service of each member of the
Board appointed pursuant to paragraph (2)(B) shall be not
more than 5 years.
(ii) Initial appointed directors.--Of the initial members
of the Board appointed pursuant to paragraph (2)(B)--
(I) 4 members, including at least 2 private-sector donors
making financial contributions to the Foundation, shall serve
for 4 years; and
(II) 4 members shall serve for 5 years, as determined by
the Chairperson of the Board.
(B) Vacancies.--Any vacancy in the Board--
(i) shall be filled in the manner in which the original
appointment was made; and
(ii) shall not affect the power of the remaining appointed
members of the Board to execute the duties of the Board.
(8) Quorum.--A majority of the current membership of the
Board, including the Secretary or the Secretary's designee,
shall constitute a quorum for the transaction of Foundation
business.
(9) Meetings.--
(A) In general.--The Board shall meet not less frequently
than annually at the call of the Chairperson. Such meetings
may be in person, virtual, or hybrid.
(B) Initial meeting.--Not later than 60 days after the
Board is established pursuant to section 1293(a), the
Secretary of State shall convene a meeting of the ex-officio
members of the Board and the appointed members of the Board
to incorporate the Foundation.
(C) Removal.--Any member of the Board appointed pursuant to
paragraph (2)(B) who misses 3 consecutive regularly scheduled
meetings may be removed by a majority vote of the Board.
(10) Reimbursement of expenses.--
(A) In general.--Members of the Board shall serve without
pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred in the
performance of the duties of the Foundation.
(B) Limitation.--Expenses incurred outside the United
States may be reimbursed under this paragraph if at least 2
members of the Board concurrently incurred such expenses.
Such reimbursements--
(i) shall be available exclusively for actual costs
incurred by members of the Board up to the published daily
per diem rate for lodging, meals, and incidentals; and
(ii) shall not include first-class, business-class, or
travel in any class other than economy class or coach class.
(C) Other expenses.--All other expenses, including salaries
for officers and staff of the Foundation, shall be
established by a majority vote of the Board, as proposed by
the Executive Director on no less than an annual basis.
(11) Not federal employees.--Appointment as a member of the
Board and employment by the Foundation does not constitute
employment by, or the holding of an office of, the United
States for purposes of any Federal law.
(12) Duties.--The Board shall--
(A) establish bylaws for the Foundation in accordance with
paragraph (13);
(B) provide overall direction for the activities of the
Foundation and establish priority activities;
(C) carry out any other necessary activities of the
Foundation;
(D) evaluate the performance of the Executive Director;
(E) take steps to limit the administrative expenses of the
Foundation; and
(F) not less frequently than annually, consult and
coordinate with stakeholders qualified to provide advice,
assistance, and information regarding effective protected and
conserved area management.
(13) Bylaws.--
(A) In general.--The bylaws required to be established
under paragraph (12)(A) shall include--
(i) the specific duties of the Executive Director;
(ii) policies and procedures for the selection of members
of the Board and officers, employees, agents, and contractors
of the Foundation;
(iii) policies, including ethical standards, for--
(I) the acceptance, solicitation, and disposition of
donations and grants to the Foundation; and
(II) the disposition of assets of the Foundation upon the
dissolution of the Foundation;
(iv) policies that subject all implementing partners,
employees, fellows, trainees, and other agents of the
Foundation (including ex-officio members of the Board and
appointed members of the Board) to stringent ethical and
conflict of interest standards;
(v) removal and exclusion procedures for implementing
partners, employees, fellows, trainees, and other agents of
the Foundation (including ex-officio members of the Board and
appointed members of the Board) who fail to uphold the
ethical and conflict of interest standards established
pursuant to clause (iii);
(vi) policies for winding down the activities of the
Foundation upon its dissolution, including a plan--
(I) to return unspent appropriations to the Treasury of the
United States; and
(II) to donate unspent private and philanthropic
contributions to projects that align with the goals and
requirements described in section 1297;
(vii) policies for vetting implementing partners and
grantees to ensure the Foundation does not provide grants to
for profit entities whose primary objective is activities
other than conservation activities; and
(viii) clawback policies and procedures to be incorporated
into grant agreements to ensure compliance with the policies
referred to in clause (vii).
(B) Requirements.--The Board shall ensure that the bylaws
of the Foundation and the activities carried out under such
bylaws do not--
(i) reflect unfavorably on the ability of the Foundation to
carry out activities in a fair and objective manner; or
(ii) compromise, or appear to compromise, the integrity of
any governmental agency or program, or any officer or
employee employed by, or involved in, a governmental agency
or program.
(c) Foundation Staff.--Officers and employees of the
Foundation--
(1) may not be employees of, or hold any office in, the
United States Government;
(2) may not serve in the employ of any nongovernmental
organization, project, or person related to or affiliated
with any grantee of the Foundation while employed by the
Foundation;
(3) may not receive compensation from any other source for
work performed in carrying out the duties of the Foundation
while employed by the Foundation; and
(4) should not receive a salary at a rate that is greater
than the maximum rate of basic pay authorized for positions
at level I of the Executive Schedule under section 5312 of
title 5, United States Code.
(d) Limitation and Conflicts of Interests.--
(1) Political participation.--The Foundation may not--
(A) lobby for political or policy issues; or
(B) participate or intervene in any political campaign in
any country.
(2) Financial interests.--As determined by the Board and
set forth in the bylaws established pursuant to subsection
(b)(13), and consistent with best practices, any member of
the Board or officer or employee of the Foundation shall be
prohibited from participating, directly or indirectly, in the
consideration or determination of any question before the
Foundation affecting--
(A) the financial interests of such member of the Board, or
officer or employee of the Foundation, not including such
member's Foundation expenses and compensation; and
(B) the interests of any corporation, partnership, entity,
or organization in which such member of the Board, officer,
or employee has any fiduciary obligation or direct or
indirect financial interest.
(3) Recusals.--Any member of the Board that has a business,
financial, or familial interest in an organization or
community seeking support from the Foundation shall recuse
himself or herself from all deliberations, meetings, and
decisions concerning the consideration and decision relating
to such support.
(4) Project ineligibility.--The Foundation may not provide
support to individuals or entities with business, financial,
or familial ties to--
(A) a current member of the Board; or
(B) a former member of the Board during the 5-year period
immediately following the last day of the former member's
term on the Board.
SEC. 1295. CORPORATE POWERS AND OBLIGATIONS OF THE
FOUNDATION.
(a) General Authority.--
(1) In general.--The Foundation--
(A) may conduct business in foreign countries;
(B) shall have its principal offices in the Washington,
D.C. metropolitan area; and
(C) shall continuously maintain a designated agent in
Washington, D.C. who is authorized to accept notice or
service of process on behalf of the Foundation.
[[Page S4818]]
(2) Notice and service of process.--The serving of notice
to, or service of process upon, the agent referred to in
paragraph (1)(C), or mailed to the business address of such
agent, shall be deemed as service upon, or notice to, the
Foundation.
(3) Audits.--The Foundation shall be subject to the general
audit authority of the Comptroller General of the United
States under section 3523 of title 31, United States Code.
(b) Authorities.--In addition to powers explicitly
authorized under this subtitle, the Foundation, in order to
carry out the purposes described in section 1293(b), shall
have the usual powers of a corporation headquartered in
Washington, D.C., including the authority--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust,
or real or personal property or any income derived from such
gift or property, or other interest in such gift or property
located in the United States;
(2) to acquire by donation, gift, devise, purchase, or
exchange any real or personal property or interest in such
property located in the United States;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain,
or otherwise dispose of any property or income derived from
such property located in the United States;
(4) to complain and defend itself in any court of competent
jurisdiction (except that the members of the Board shall not
be personally liable, except for gross negligence);
(5) to enter into contracts or other arrangements with
public agencies, private organizations, and persons and to
make such payments as may be necessary to carry out the
purposes of such contracts or arrangements; and
(6) to award grants for eligible projects, in accordance
with section 1297.
(c) Limitation of Public Liability.--The United States
shall not be liable for any debts, defaults, acts, or
omissions of the Foundation. The Federal Government shall be
held harmless from any damages or awards ordered by a court
against the Foundation.
SEC. 1296. SAFEGUARDS AND ACCOUNTABILITY.
(a) Safeguards.--The Foundation shall develop, and
incorporate into any agreement for support provided by the
Foundation, appropriate safeguards, policies, and guidelines,
consistent with United States law and best practices and
standards for environmental and social safeguards.
(b) Independent Accountability Mechanism.--
(1) In general.--The Secretary, or the Secretary's
designee, shall establish a transparent and independent
accountability mechanism, consistent with best practices,
which shall provide--
(A) a compliance review function that assesses whether
Foundation-supported projects adhere to the requirements
developed pursuant to subsection (a);
(B) a dispute resolution function for resolving and
remedying concerns between complainants and project
implementers regarding the impacts of specific Foundation-
supported projects with respect to such standards; and
(C) an advisory function that reports to the Board on
projects, policies, and practices.
(2) Duties.--The accountability mechanism shall--
(A) report annually to the Board and the appropriate
congressional committees regarding the Foundation's
compliance with best practices and standards in accordance
with paragraph (1)(A) and the nature and resolution of any
complaint;
(B)(i) have permanent staff, led by an independent
accountability official, to conduct compliance reviews and
dispute resolutions and perform advisory functions; and
(ii) maintain a roster of experts to serve such roles, to
the extent needed; and
(C) hold a public comment period lasting not fewer than 60
days regarding the initial design of the accountability
mechanism.
(c) Internal Accountability.--The Foundation shall
establish an ombudsman position at a senior level of
executive staff as a confidential, neutral source of
information and assistance to anyone affected by the
activities of the Foundation.
(d) Annual Review.--The Secretary shall, periodically, but
not less frequent than annually, review assistance provided
by the Foundation for the purpose of implementing section
1293(b) to ensure consistency with the provisions under
section 620M of Foreign Assistance Act of 1961 (22 U.S.C.
2378d).
SEC. 1297. PROJECTS AND GRANTS.
(a) Project Funding Requirements.--
(1) In general.--The Foundation shall--
(A) provide grants to support eligible projects described
in paragraph (3) that advance its mission to enable effective
management of primarily protected and conserved areas and
their contiguous buffer zones in eligible countries;
(B) advance effective landscape or seascape approaches to
conservation that include buffer zones, wildlife dispersal
and corridor areas, and other effective area-based
conservation measures; and
(C) not purchase, own, or lease land, including
conservation easements, in eligible countries.
(2) Eligible entities.--Eligible entities shall include--
(A) not-for-profit organizations with demonstrated
expertise in protected and conserved area management and
economic development;
(B) governments of eligible partner countries, as
determined by subsection (b), with the exception of
governments and government entities that are prohibited from
receiving grants from the Foundation pursuant to section
1298; and
(C) Indigenous and local communities in such eligible
countries.
(3) Eligible projects.--Eligible projects shall include
projects that--
(A) focus on supporting--
(i) transparent and effective long-term management of
primarily protected or conserved areas and their contiguous
buffer zones in countries described in subsection (b),
including terrestrial, coastal, and marine protected or
conserved areas, parks, community conservancies, Indigenous
reserves, conservation easements, and biological reserves;
and
(ii) other effective area-based conservation measures;
(B) are cost-matched at a ratio of not less than $2 from
sources other than the United States for every $1 made
available under this subtitle;
(C) are subject to long-term binding memoranda of
understanding with the governments of eligible countries and
local communities--
(i) to ensure that local populations have access, resource
management responsibilities, and the ability to pursue
permissible, sustainable economic activity on affected lands;
and
(ii) that may be signed by governments in such eligible
countries to ensure free, prior, and informed consent of
affected communities;
(D) incorporate a set of key performance and impact
indicators;
(E) demonstrate robust local community engagement, with the
completion of appropriate environmental and social due
diligence, including--
(i) free, prior, and informed consent of Indigenous Peoples
and relevant local communities;
(ii) inclusive governance structures; and
(iii) effective grievance mechanisms;
(F) create economic opportunities for local communities,
including through--
(i) equity and profit-sharing;
(ii) cooperative management of natural resources;
(iii) employment activities; and
(iv) other related economic growth activities;
(G) leverage stable baseline funding for the effective
management of the primarily protected or conserved area
project; and
(H) to the extent possible--
(i) are viable and prepared for implementation; and
(ii) demonstrate a plan to strengthen the capacity of, and
transfer skills to, local institutions to manage the
primarily protected or conserved area before or after grant
funding is exhausted.
(b) Eligible Countries.--
(1) In general.--Pursuant to the Plan of Action required
under section 1293(c), and before awarding any grants or
entering into any project agreements for any fiscal year, the
Board shall conduct a review to identify eligible countries
in which the Foundation may fund projects. Such review shall
consider countries that--
(A) are low-income, lower middle-income, or upper-middle-
income economies (as defined by the International Bank for
Reconstruction and Development and the International
Development Association);
(B) have--
(i) a high degree of threatened or at-risk biological
diversity; or
(ii) species or ecosystems of significant importance,
including threatened or endangered species or ecosystems at
risk of degradation or destruction;
(C) have demonstrated a commitment to conservation through
verifiable actions, such as protecting lands and waters
through the gazettement of national parks, community
conservancies, marine reserves and protected areas, forest
reserves, or other legally recognized forms of place-based
conservation; and
(D) are not ineligible to receive United States foreign
assistance pursuant to any other provision of law, including
laws identified in section 1298.
(2) Identification of eligible countries.--Not later than 5
days after the date on which the Board determines which
countries are eligible to receive assistance under this
subtitle for a fiscal year, the Executive Director shall--
(A) submit a report to the appropriate congressional
committees that includes--
(i) a list of all such eligible countries, as determined
through the review process described in paragraph (1); and
(ii) a detailed justification for each such eligibility
determination, including--
(I) an analysis of why the eligible country would be
suitable for partnership;
(II) an evaluation of the eligible partner country's
interest in and ability to participate meaningfully in
proposed Foundation activities, including an evaluation of
such eligible country's prospects to substantially benefit
from Foundation assistance;
(III) an estimation of each such eligible partner country's
commitment to conservation; and
(IV) an assessment of the capacity and willingness of the
eligible country to enact
[[Page S4819]]
or implement reforms that might be necessary to maximize the
impact and effectiveness of Foundation support; and
(B) publish the information contained in the report
described in subparagraph (A) in the Federal Register.
(c) Grantmaking.--
(1) In general.--In order to maximize program
effectiveness, the Foundation shall--
(A) coordinate with other international public and private
donors to the greatest extent practicable and appropriate;
(B) seek additional financial and nonfinancial
contributions and commitments for its projects from
governments in eligible countries;
(C) strive to generate a partnership mentality among all
participants, including public and private funders, host
governments, local protected areas authorities, and private
and nongovernmental organization partners;
(D) prioritize investments in communities with low levels
of economic development to the greatest extent practicable
and appropriate; and
(E) consider the eligible partner country's planned and
dedicated resources to the proposed project and the eligible
entity's ability to successfully implement the project.
(2) Grant criteria.--Foundation grants--
(A) shall fund eligible projects that enhance the
management of well-defined primarily protected or conserved
areas and the systems of such conservation areas in eligible
countries;
(B) should support adequate baseline funding for eligible
projects in eligible countries to be sustained for not less
than 10 years;
(C) should, during the grant period, demonstrate progress
in achieving clearly defined key performance indicators (as
defined in the grant agreement), which may include--
(i) the protection of biological diversity;
(ii) the protection of native flora and habitats, such as
trees, forests, wetlands, grasslands, mangroves, coral reefs,
and sea grass;
(iii) community-based economic growth indicators, such as
improved land tenure, increases in beneficiaries
participating in related economic growth activities, and
sufficient income from conservation activities being directed
to communities in project areas;
(iv) improved management of the primarily protected or
conserved area covered by the project, as documented through
the submission of strategic plans or annual reports to the
Foundation; and
(v) the identification of additional revenue sources or
sustainable financing mechanisms to meet the recurring costs
of management of the primarily protected or conserved areas;
and
(D) shall be terminated if the Board determines that the
project is not--
(i) meeting applicable requirements under this subtitle; or
(ii) making progress in achieving the key performance
indicators defined in the grant agreement.
SEC. 1298. PROHIBITION OF SUPPORT FOR CERTAIN GOVERNMENTS.
(a) In General.--The Foundation may not provide support for
any government, or any entity owned or controlled by a
government, if the Secretary has determined that such
government--
(1) has repeatedly provided support for acts of
international terrorism, as determined under--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other relevant provision of law;
(2) has been identified pursuant to section 116(a) or
502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(a) and 2304(a)(2)) or any other relevant provision of
law; or
(3) has failed the ``control of corruption'' indicator, as
determined by the Millennium Challenge Corporation, within
any of the preceding 3 years of the intended grant;
(b) Prohibition of Support for Sanctioned Persons.--The
Foundation may not engage in any dealing prohibited under
United States sanctions laws or regulations, including
dealings with persons on the list of specially designated
persons and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury,
except to the extent otherwise authorized by the Secretary or
by the Secretary of the Treasury.
(c) Prohibition of Support for Activities Subject to
Sanctions.--The Foundation shall require any person receiving
support to certify that such person, and any entity owned or
controlled by such person, is in compliance with all United
States sanctions laws and regulations.
SEC. 1299. ANNUAL REPORT.
Not later than 360 days after the date of the enactment of
this Act, and annually thereafter while the Foundation
continues to operate, the Executive Director of the
Foundation shall submit a report to the appropriate
congressional committees that describes--
(1) the goals of the Foundation;
(2) the programs, projects, and activities supported by the
Foundation;
(3) private and governmental contributions to the
Foundation; and
(4) the standardized criteria utilized to determine the
programs and activities supported by the Foundation,
including baselines, targets, desired outcomes, measurable
goals, and extent to which those goals are being achieved for
each project.
SEC. 1299A. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--In addition to amounts authorized to be
appropriated to carry out international conservation and
biodiversity programs under part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.), and subject to the limitations set forth in
subsections (b) and (c), there is authorized to be
appropriated to the Foundation to carry out the purposes of
this subtitle--
(1) $1,000,000 for fiscal year 2025; and
(2) not more than $100,000,000 for each of the fiscal years
2026 through 2034.
(b) Cost Matching Requirement.--Amounts appropriated
pursuant to subsection (a) may only be made available to
grantees to the extent the Foundation or such grantees secure
funding for an eligible project from sources other than the
United States Government in an amount that is not less than
twice the amount received in grants for such project pursuant
to section 1297.
(c) Administrative Costs.--The administrative costs of the
Foundation shall come from sources other than the United
States Government.
(d) Prohibition on Use of Grant Amounts for Lobbying
Expenses.--Amounts provided as a grant by the Foundation
pursuant to section 1297 may not be used for any activity
intended to influence legislation pending before the Congress
of the United States.
______
SA 2498. Mr. MANCHIN (for himself and Mrs. Murray) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
In section 4601, in the table under the heading ``AIR
NATIONAL GUARD'', for the item relating to the Mclaughlin Air
National Guard Base in West Virginia, in the Project Title
column, strike ``(DESIGN)''.
In section 4601, in the table under the heading ``AIR
NATIONAL GUARD'', for the item relating to the Mclaughlin Air
National Guard Base in West Virginia, in the Senate
Authorized column, strike ``3,200'' and insert ``32,000''.
In section 4601, in the table under the heading ``AIR
FORCE'', for the item relating to unspecified minor military
construction in unspecified worldwide locations, in the
Senate Authorized column, strike ``129,600'' and insert
``100,800''.
______
SA 2499. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--ECONOMIC DEVELOPMENT REAUTHORIZATION ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Economic Development
Reauthorization Act of 2024''.
TITLE LI--PUBLIC WORKS AND ECONOMIC DEVELOPMENT
SEC. 5101. FINDINGS AND DECLARATIONS.
Section 2 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3121) is amended to read as follows:
``SEC. 2. FINDINGS AND DECLARATIONS.
``(a) Findings.--Congress finds that--
``(1) there continue to be areas of the United States--
``(A) experiencing chronic high unemployment,
underemployment, outmigration, and low per capita incomes;
and
``(B) facing sudden and severe economic dislocations
because of structural economic changes, changing trade
patterns, certain Federal actions (including environmental
requirements that result in the removal of economic
activities from a locality), impacts from natural disasters,
and transitioning industries, including energy generation,
steel production, and mining;
``(2) economic growth in the States, cities, and rural
areas of the United States is produced by expanding economic
opportunities, expanding free enterprise through trade,
promoting resilience in public infrastructure, creating
conditions for job creation, job retention, and business
development, and by capturing the opportunities to lead the
industries of the future, including advanced technologies,
clean energy production, and advanced manufacturing
technologies;
``(3) the goal of Federal economic development programs is
to raise the standard of living for all citizens and increase
the wealth and overall rate of growth of the economy by
encouraging communities to develop a more competitive and
diversified economic base by--
[[Page S4820]]
``(A) creating an environment that promotes economic
activity by improving and expanding modern public
infrastructure;
``(B) promoting job creation, retention, and workforce
readiness through increased innovation, productivity, and
entrepreneurship; and
``(C) empowering local and regional communities
experiencing chronic high unemployment, underemployment, low
labor force participation, and low per capita income to
develop private sector business and attract increased private
sector capital investment;
``(4) while economic development is an inherently local
process, the Federal Government should work in partnership
with public and private State, regional, Tribal, and local
organizations to maximize the impact of existing resources
and enable regions, communities, and citizens to participate
more fully in the American dream and national prosperity;
``(5) in order to avoid duplication of effort and achieve
meaningful, long-lasting results, Federal, State, Tribal, and
local economic development activities should have a clear
focus, improved coordination, a comprehensive approach, and
simplified and consistent requirements;
``(6) Federal economic development efforts will be more
effective if the efforts are coordinated with, and build on,
the trade, workforce investment, scientific research,
environmental protection, transportation, and technology
programs of the United States, including through the
consolidation and alignment of plans and strategies to
promote effective economic development;
``(7) rural communities face unique challenges in
addressing infrastructure needs, sometimes lacking the
necessary tax base for required upgrades, and often encounter
limited financing options and capacity, which can impede new
development and long-term economic growth; and
``(8) assisting communities and regions in becoming more
resilient to the effects of extreme weather threats and
events will promote economic development and job creation.
``(b) Declarations.--In order to promote a strong, growing,
resilient, competitive, and secure economy throughout the
United States, the opportunity to pursue, and be employed in,
high-quality jobs with family-sustaining wages, and to live
in communities that enable business creation and wealth,
Congress declares that--
``(1) assistance under this Act should be made available to
both rural- and urban-distressed communities;
``(2) local communities should work in partnership with
neighboring communities, States, Indian tribes, and the
Federal Government to increase the capacity of the local
communities to develop and implement comprehensive economic
development strategies to alleviate economic distress and
enhance competitiveness in the global economy;
``(3) whether suffering from long-term distress or a sudden
dislocation, distressed communities should be encouraged to
support entrepreneurship to take advantage of the development
opportunities afforded by technological innovation and
expanding newly opened global markets; and
``(4) assistance under this Act should be made available to
modernize and promote recycling, promote the productive reuse
of abandoned industrial facilities and the redevelopment of
brownfields, and invest in public assets that support travel
and tourism and outdoor recreation.''.
SEC. 5102. DEFINITIONS.
(a) In General.--Section 3 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3122) is amended--
(1) by redesignating paragraphs (1) through (12) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (12), (13),
(14), (16), and (17), respectively;
(2) by inserting before paragraph (3) (as so redesignated)
the following:
``(1) Blue economy.--The term `blue economy' means the
sustainable use of marine, lake, or other aquatic resources
in support of economic development objectives.
``(2) Capacity building.--The term `capacity building'
includes all activities associated with early stage
community-based project formation and conceptualization,
prior to project predevelopment activity, including grants to
local community organizations for planning participation,
community outreach and engagement activities, research, and
mentorship support to move projects from formation and
conceptualization to project predevelopment.'';
(3) in paragraph (5) (as so redesignated), in subparagraph
(A)(i), by striking ``to the extent appropriate'' and
inserting ``to the extent determined appropriate by the
Secretary'';
(4) in paragraph (6) (as so redesignated), in subparagraph
(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period at end and
inserting a semicolon; and
(C) by adding at the end the following:
``(vii) an economic development organization; or
``(viii) a public-private partnership for public
infrastructure.'';
(5) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) Outdoor recreation.--The term `outdoor recreation'
means all recreational activities, and the economic drivers
of those activities, that occur in nature-based environments
outdoors.
``(11) Project predevelopment.--The term `project
predevelopment' means a measure required to be completed
before the initiation of a project, including--
``(A) planning and community asset mapping;
``(B) training;
``(C) technical assistance and organizational development;
``(D) feasibility and market studies;
``(E) demonstration projects; and
``(F) other predevelopment activities determined by the
Secretary to be appropriate.'';
(6) by striking paragraph (12) (as so redesignated) and
inserting the following:
``(12) Regional commission.--The term `Regional Commission'
means any of the following:
``(A) The Appalachian Regional Commission established by
section 14301(a) of title 40, United States Code.
``(B) The Delta Regional Authority established by section
382B(a)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2009aa-1(a)(1)).
``(C) The Denali Commission established by section 303(a)
of the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277).
``(D) The Great Lakes Authority established by section
15301(a)(4) of title 40, United States Code.
``(E) The Mid-Atlantic Regional Commission established by
section 15301(a)(5) of title 40, United States Code.
``(F) The Northern Border Regional Commission established
by section 15301(a)(3) of title 40, United States Code.
``(G) The Northern Great Plains Regional Authority
established by section 383B(a)(1) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009bb-1(a)(1)).
``(H) The Southeast Crescent Regional Commission
established by section 15301(a)(1) of title 40, United States
Code.
``(I) The Southern New England Regional Commission
established by section 15301(a)(6) of title 40, United States
Code.
``(J) The Southwest Border Regional Commission established
by section 15301(a)(2) of title 40, United States Code.'';
(7) by inserting after paragraph (14) (as so redesignated)
the following:
``(15) Travel and tourism.--The term `travel and tourism'
means any economic activity that primarily serves to
encourage recreational or business travel in or to the United
States.''; and
(8) in paragraph (17) (as so redesignated), by striking
``established as a University Center for Economic Development
under section 207(a)(2)(D)'' and inserting ``established
under section 207(c)(1)''.
(b) Conforming Amendment.--Section 207(a)(3) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3147(a)(3)) is amended by striking ``section 3(4)(A)(vi)''
and inserting ``section 3(6)(A)(vi)''.
SEC. 5103. INCREASED COORDINATION.
Section 103 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3133) is amended by striking
subsection (b) and inserting the following:
``(b) Meetings.--
``(1) In general.--To carry out subsection (a), or for any
other purpose relating to economic development activities,
the Secretary may convene meetings with Federal agencies,
State and local governments, economic development districts,
Indian tribes, and other appropriate planning and development
organizations.
``(2) Regional commissions.--
``(A) In general.--In addition to meetings described in
paragraph (1), not later than 1 year after the date of
enactment of the Economic Development Reauthorization Act of
2024, and not less frequently than every 2 years thereafter,
the Secretary shall convene a meeting with the Regional
Commissions in furtherance of subsection (a).
``(B) Attendees.--The attendees for a meeting convened
under this paragraph shall consist of--
``(i) the Secretary, acting through the Assistant Secretary
of Commerce for Economic Development, serving as Chair;
``(ii) the Federal Cochairpersons of the Regional
Commissions, or their designees; and
``(iii) the State Cochairpersons of the Regional
Commissions, or their designees.
``(C) Purpose.--The purposes of a meeting convened under
this paragraph shall include--
``(i) to enhance coordination between the Economic
Development Administration and the Regional Commissions in
carrying out economic development programs;
``(ii) to reduce duplication of efforts by the Economic
Development Administration and the Regional Commissions in
carrying out economic development programs;
``(iii) to develop best practices and strategies for
fostering regional economic development; and
``(iv) any other purposes as determined appropriate by the
Secretary.
``(D) Report.--Where applicable and pursuant to
subparagraph (C), not later than 1 year after a meeting under
this paragraph, the Secretary shall prepare and make publicly
available a report detailing, at a minimum--
``(i) the planned actions by the Economic Development
Administration and the Regional Commissions to enhance
coordination or reduce duplication of efforts and a timeline
for implementing those actions; and
``(ii) any best practices and strategies developed.''.
[[Page S4821]]
SEC. 5104. GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT.
(a) In General.--Section 201 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3141) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or for the improvement
of waste management and recycling systems'' after
``development facility''; and
(B) in paragraph (2), by inserting ``increasing the
resilience'' after ``expansion,'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``successful
establishment or expansion'' and inserting ``successful
establishment, expansion, or retention,''; and
(B) in subparagraph (C), by inserting ``and underemployed''
after ``unemployed'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Additional Considerations.--In awarding grants under
subsection (a) and subject to the criteria in subsection (b),
the Secretary may also consider the extent to which a project
would--
``(1) lead to economic diversification in the area, or a
part of the area, in which the project is or will be located;
``(2) address and mitigate impacts from extreme weather
events, including development of resilient infrastructure,
products, and processes;
``(3) benefit highly rural communities without adequate tax
revenues to invest in long-term or costly infrastructure;
``(4) increase access to high-speed broadband;
``(5) support outdoor recreation to spur economic
development, with a focus on rural communities;
``(6) promote job creation or retention relative to the
population of the impacted region with outsized significance;
``(7) promote travel and tourism; or
``(8) promote blue economy activities.''.
SEC. 5105. GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE
EXPENSES.
Section 203 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3143) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following:
``(d) Administrative Expenses.--Administrative expenses
that may be paid with a grant under this section include--
``(1) expenses related to carrying out the planning process
described in subsection (b);
``(2) expenses related to project predevelopment;
``(3) expenses related to updating economic development
plans to align with other applicable State, regional, or
local planning efforts; and
``(4) expenses related to hiring professional staff to
assist communities in--
``(A) project predevelopment and implementing projects and
priorities included in--
``(i) a comprehensive economic development strategy; or
``(ii) an economic development planning grant;
``(B) identifying and using other Federal, State, and
Tribal economic development programs;
``(C) leveraging private and philanthropic investment;
``(D) preparing disaster coordination and preparation
plans; and
``(E) carrying out economic development and predevelopment
activities in accordance with professional economic
development best practices.''; and
(3) in subsection (e) (as so redesignated), in paragraph
(4)--
(A) in subparagraph (E), by striking ``; and'' and
inserting ``(including broadband);'';
(B) by redesignating subparagraph (F) as subparagraph (G);
and
(C) by inserting after subparagraph (E) the following:
``(F) address and mitigate impacts of extreme weather;
and''.
SEC. 5106. COST SHARING.
(a) In General.--Section 204 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144) is
amended--
(1) in subsection (a)(1), by striking ``50'' and inserting
``60'';
(2) in subsection (b)--
(A) by striking ``In determining'' and inserting the
following:
``(1) In general.--In determining''; and
(B) by adding at the end the following:
``(2) Regional commission funds.--Notwithstanding any other
provision of law, any funds contributed by a Regional
Commission for a project under this title may be considered
to be part of the non-Federal share of the costs of the
project.''; and
(3) in subsection (c)--
(A) in paragraph (2), by inserting ``or can otherwise
document that no local matching funds are reasonably
obtainable'' after ``or political subdivision'';
(B) in paragraph (3)--
(i) by striking ``section 207'' and inserting ``section 203
or 207''; and
(ii) by striking ``project if'' and all that follows
through the period at the end and inserting ``project.''; and
(C) by adding at the end the following:
``(4) Disaster assistance.--In the case of a grant provided
under section 209 for a project for economic recovery in
response to a major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), the Secretary may increase the
Federal share under paragraph (1) up to 100 percent of the
total cost of the project.
``(5) Small communities.--In the case of a grant to a
political subdivision of a State (as described in section
3(6)(A)(iv)) that has a population of fewer than 10,000
residents and meets 1 or more of the eligibility criteria
described in section 301(a), the Secretary may increase the
Federal share under paragraph (1) up to 100 percent of the
total cost of the project.''.
(b) Conforming Amendment.--Section 703 of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3233) is
amended--
(1) by striking subsection (b); and
(2) by striking the section designation and heading and all
that follows through ``In addition'' in subsection (a) and
inserting the following:
``SEC. 703. AUTHORIZATION OF APPROPRIATIONS FOR DISASTER
ECONOMIC RECOVERY ACTIVITIES.
``In addition''.
SEC. 5107. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS.
Section 206 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3146) is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) the per capita income levels, the labor force
participation rate, and the extent of underemployment in
eligible areas; and''; and
(2) in paragraph (4), by inserting ``and retention'' after
``creation''.
SEC. 5108. RESEARCH AND TECHNICAL ASSISTANCE; UNIVERSITY
CENTERS.
Section 207 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3147) is amended--
(1) in subsection (a)(2)(A), by inserting ``, project
predevelopment,'' after ``planning''; and
(2) by adding at the end the following:
``(c) University Centers.--
``(1) Establishment.--In accordance with subsection
(a)(2)(D), the Secretary may make grants to institutions of
higher education to serve as university centers.
``(2) Geographic coverage.--The Secretary shall ensure that
the network of university centers established under this
subsection provides services in each State.
``(3) Duties.--To the maximum extent practicable, a
university center established under this subsection shall--
``(A) collaborate with other university centers;
``(B) collaborate with economic development districts and
other relevant Federal economic development technical
assistance and service providers to provide expertise and
technical assistance to develop, implement, and support
comprehensive economic development strategies and other
economic development planning at the local, regional, and
State levels, with a focus on innovation, entrepreneurship,
workforce development, and regional economic development;
``(C) provide technical assistance, business development,
and technology transfer services to businesses in the area
served by the university center;
``(D) establish partnerships with 1 or more
commercialization intermediaries that are public or nonprofit
technology transfer organizations eligible to receive a grant
under section 602 of the American Innovation and
Competitiveness Act (42 U.S.C. 1862s-9);
``(E) promote local and regional capacity building; and
``(F) provide to communities and regions assistance
relating to data collection and analysis and other research
relating to economic conditions and vulnerabilities that can
inform economic development and adjustment strategies.
``(4) Consideration.--In making grants under this
subsection, the Secretary shall consider the significant role
of regional public universities in supporting economic
development in distressed communities through the planning
and the implementation of economic development projects and
initiatives.''.
SEC. 5109. INVESTMENT PRIORITIES.
Title II of the Public Works and Economic Development Act
of 1965 is amended by inserting after section 207 (42 U.S.C.
3147) the following:
``SEC. 208. INVESTMENT PRIORITIES.
``(a) In General.--Subject to subsection (b), for a project
to be eligible for assistance under this title, the project
shall be consistent with 1 or more of the following
investment priorities:
``(1) Critical infrastructure.--Economic development
planning or implementation projects that support development
of public facilities, including basic public infrastructure,
transportation infrastructure, or telecommunications
infrastructure.
``(2) Workforce.--Economic development planning or
implementation projects that--
``(A) support job skills training to meet the hiring needs
of the area in which the project is to be carried out and
that result in well-paying jobs; or
``(B) otherwise promote labor force participation.
``(3) Innovation and entrepreneurship.--Economic
development planning or implementation projects that--
``(A) support the development of innovation and
entrepreneurship-related infrastructure;
``(B) promote business development and lending; or
[[Page S4822]]
``(C) foster the commercialization of new technologies that
are creating technology-driven businesses and high-skilled,
well-paying jobs of the future.
``(4) Economic recovery resilience.--Economic development
planning or implementation projects that enhance the ability
of an area to withstand and recover from adverse short-term
or long-term changes in economic conditions, including
effects from industry contractions or impacts from natural
disasters.
``(5) Manufacturing.--Economic development planning or
implementation projects that encourage job creation, business
expansion, technology and capital upgrades, and productivity
growth in manufacturing, including efforts that contribute to
the competitiveness and growth of domestic suppliers or the
domestic production of innovative, high-value products and
production technologies.
``(b) Conditions.--If the Secretary plans to use an
investment priority that is not described in subsection (a),
the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written notification that explains the
basis for using that investment priority.
``(c) Savings Clause.--Nothing in this section waives any
other requirement of this Act.''.
SEC. 5110. GRANTS FOR ECONOMIC ADJUSTMENT.
Section 209 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3149) is amended--
(1) in subsection (c)--
(A) in paragraph (4), by striking ``or'' at the end;
(B) in paragraph (5)--
(i) by inserting ``, travel and tourism, natural resource-
based, blue economy, or agricultural'' after
``manufacturing''; and
(ii) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(6) economic dislocation in the steel industry due to the
closure of a steel plant, primary steel economy contraction
events (including temporary layoffs and shifts to part-time
work), or job losses in the steel industry or associated with
the departure or contraction of the steel industry, for help
in economic restructuring of the communities.'';
(2) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(3) by inserting after section (c) the following:
``(d) Assistance to Coal Communities.--
``(1) Definitions.--In this subsection:
``(A) Coal economy.--The term `coal economy' means the
complete supply chain of coal-reliant industries, including--
``(i) coal mining;
``(ii) coal-fired power plants;
``(iii) transportation or logistics; and
``(iv) manufacturing.
``(B) Contraction event.--The term `contraction event'
means the closure of a facility or a reduction in activity
relating to a coal-reliant industry, including an industry
described in any of clauses (i) through (iv) of subparagraph
(A).
``(2) Authorization.--On the application of an eligible
recipient, the Secretary may make grants for projects in
areas adversely impacted by a contraction event in the coal
economy.
``(3) Eligibility.--
``(A) In general.--In carrying out this subsection, the
Secretary shall determine the eligibility of an area based on
whether the eligible recipient can reasonably demonstrate
that the area--
``(i) has been adversely impacted by a contraction event in
the coal economy within the previous 25 years; or
``(ii) will be adversely impacted by a contraction event in
the coal economy.
``(B) Prohibition.--No regulation or other policy of the
Secretary may limit the eligibility of an eligible recipient
for a grant under this subsection based on the date of a
contraction event except as provided in subparagraph (A)(i).
``(C) Demonstrating adverse impact.--For the purposes of
this paragraph, an eligible recipient may demonstrate an
adverse impact by demonstrating--
``(i) a loss in employment;
``(ii) a reduction in tax revenue; or
``(iii) any other factor, as determined to be appropriate
by the Secretary.
``(e) Assistance to Nuclear Host Communities.--
``(1) Definitions.--In this subsection:
``(A) Commission.--The term `Commission' means the Nuclear
Regulatory Commission.
``(B) Community advisory board.--The term `community
advisory board' means a community committee or other advisory
organization that aims to foster communication and
information exchange between a licensee planning for and
involved in decommissioning activities and members of the
community that decommissioning activities may affect.
``(C) Decommission.--The term `decommission' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or successor regulations).
``(D) Licensee.--The term `licensee' has the meaning given
the term in section 50.2 of title 10, Code of Federal
Regulations (or successor regulations).
``(E) Nuclear host community.--The term `nuclear host
community' means an eligible recipient that has been
impacted, or reasonably demonstrates to the satisfaction of
the Secretary that it will be impacted, by a nuclear power
plant licensed by the Commission that--
``(i) is not co-located with an operating nuclear power
plant;
``(ii) is at a site with spent nuclear fuel; and
``(iii) as of the date of enactment of the Economic
Development Reauthorization Act of 2024--
``(I) has ceased operations; or
``(II) has provided a written notification to the
Commission that it will cease operations.
``(2) Authorization.--On the application of an eligible
recipient, the Secretary may make grants--
``(A) to assist with economic development in nuclear host
communities; and
``(B) to fund community advisory boards in nuclear host
communities.
``(3) Requirement.--In carrying out this subsection, to the
maximum extent practicable, the Secretary shall implement the
recommendations described in the report submitted to Congress
under section 108 of the Nuclear Energy Innovation and
Modernization Act (Public Law 115-439; 132 Stat. 5577)
entitled `Best Practices for Establishment and Operation of
Local Community Advisory Boards Associated with
Decommissioning Activities at Nuclear Power Plants'.
``(4) Distribution of funds.--The Secretary shall establish
a methodology to ensure, to the maximum extent practicable,
geographic diversity among grant recipients under this
subsection.''.
SEC. 5111. RENEWABLE ENERGY PROGRAM.
Section 218 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3154d) is amended--
(1) in the section heading, by striking ``brightfields
demonstration'' and inserting ``renewable energy'';
(2) by striking subsection (a) and inserting the following:
``(a) Definition of Renewable Energy Site.--In this
section, the term `renewable energy site' means a brownfield
site that is redeveloped through the incorporation of 1 or
more renewable energy technologies, including solar, wind,
geothermal, ocean, and emerging, but proven, renewable energy
technologies.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Demonstration
Program'' and inserting ``Establishment'';
(B) in the matter preceding paragraph (1), by striking
``brightfield'' and inserting ``renewable energy''; and
(C) in paragraph (1), by striking ``solar energy
technologies'' and inserting ``renewable energy technologies
described in subsection (a),''; and
(4) by striking subsection (d).
SEC. 5112. WORKFORCE TRAINING GRANTS.
Title II of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the
end the following:
``SEC. 219. WORKFORCE TRAINING GRANTS.
``(a) In General.--On the application of an eligible
recipient, the Secretary may make grants to support the
development and expansion of innovative workforce training
programs through sectoral partnerships leading to quality
jobs and the acquisition of equipment or construction of
facilities to support workforce development activities.
``(b) Eligible Uses.--Funds from a grant under this section
may be used for--
``(1) acquisition or development of land and improvements
to house workforce training activities;
``(2) acquisition, design and engineering, construction,
rehabilitation, alteration, expansion, or improvement of such
a facility, including related equipment and machinery;
``(3) acquisition of machinery or equipment to support
workforce training activities;
``(4) planning, technical assistance, and training;
``(5) sector partnerships development, program design, and
program implementation; and
``(6) in the case of an eligible recipient that is a State,
subject to subsection (c), a State program to award career
scholarships to train individuals for employment in critical
industries with high demand and vacancies necessary for
further economic development of the applicable State that--
``(A) requires significant post-secondary training; but
``(B) does not require a post-secondary degree.
``(c) Career Scholarships State Grant Program.--
``(1) In general.--The Secretary may award grants to States
for the purpose described in subsection (b)(6).
``(2) Application.--To be eligible to receive a grant under
this subsection, the Chief Executive of a State shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
which shall include, at a minimum, the following:
``(A) A method for identifying critical industry sectors
driving in-State economic growth that face staffing
challenges for in-demand jobs and careers.
``(B) A governance structure for the implementation of the
program established by the State, including defined roles for
the consortia of agencies of such State, at a minimum, to
include the State departments of
[[Page S4823]]
economic development, labor, and education, or the State
departments or agencies with jurisdiction over those matters.
``(C) A strategy for recruiting participants from at least
1 community that meets 1 or more of the criteria described in
section 301(a).
``(D) A plan for how the State will develop a tracking
system for eligible programs, participant enrollment,
participant outcomes, and an application portal for
individual participants.
``(3) Selection.--The Secretary shall award not more than 1
grant under this subsection to any State.
``(4) Eligible uses.--A grant under this subsection may be
used for--
``(A) necessary costs to carry out the matters described in
this subsection, including tuition and stipends for
individuals that receive a career scholarship grant, subject
to the requirements described in paragraph (6); and
``(B) program implementation, planning, technical
assistance, or training.
``(5) Federal share.--Notwithstanding section 204, the
Federal share of the cost of any award carried out with a
grant made under this subsection shall not exceed 70 percent.
``(6) Participant amounts.--A State shall ensure that grant
funds provided under this subsection to each individual that
receives a career scholarship grant under the program
established by the applicable State is the lesser of the
following amounts:
``(A) In a case in which the individual is also eligible
for a Federal Pell Grant under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a) for enrollment at the
applicable training program for any award year of the
training program, $11,000 minus the amount of the awarded
Federal Pell Grant.
``(B) For an individual not described in paragraph (1), the
lesser of--
``(i) $11,000; and
``(ii) the total cost of the training program in which the
individual is enrolled, including tuition, fees, career
navigation services, textbook costs, expenses related to
assessments and exams for certification or licensure,
equipment costs, and wage stipends (in the case of a training
program that is an earn-and-learn program).
``(d) Coordination.--The Secretary shall coordinate the
development of new workforce development models with the
Secretary of Labor and the Secretary of Education.''.
SEC. 5113. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
Title II of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 5112)
is amended by adding at the end the following:
``SEC. 220. CONGRESSIONAL NOTIFICATION REQUIREMENTS.
``(a) In General.--In the case of a project described in
subsection (b), the Secretary shall provide to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives notice, in accordance with subsection (c),
of the award of a grant for the project not less than 3
business days before notifying an eligible recipient of their
selection for that award.
``(b) Projects Described.--A project referred to in
subsection (a) is a project that the Secretary has selected
to receive a grant administered by the Economic Development
Administration in an amount not less than $100,000.
``(c) Requirements.--A notification under subsection (a)
shall include--
``(1) the name of the project;
``(2) the name of the applicant;
``(3) the region in which the project is to be carried out;
``(4) the State in which the project is to be carried out;
``(5) the amount of the grant awarded;
``(6) a description of the project; and
``(7) any additional information, as determined to be
appropriate by the Secretary.
``(d) Public Availability.--The Secretary shall make a
notification under subsection (a) publicly available not
later than 60 days after the date on which the Secretary
provides the notice.''.
SEC. 5114. SPECIFIC FLEXIBILITIES RELATED TO DEPLOYMENT OF
HIGH-SPEED BROADBAND.
Title II of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 5113)
is amended by adding at the end the following:
``SEC. 221. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.
``(a) Definitions.--In this section:
``(1) Broadband project.--The term `broadband project'
means, for the purposes of providing, extending, expanding,
or improving high-speed broadband service to further the
goals of this Act--
``(A) planning, technical assistance, or training;
``(B) the acquisition or development of land; or
``(C) the acquisition, design and engineering,
construction, rehabilitation, alteration, expansion, or
improvement of facilities, including related machinery,
equipment, contractual rights, and intangible property.
``(2) Eligible recipient.--The term `eligible recipient'
includes--
``(A) a public-private partnership; and
``(B) a consortium formed for the purpose of providing,
extending, expanding, or improving high-speed broadband
service between 1 or more eligible recipients and 1 or more
for-profit organizations.
``(3) High-speed broadband.--The term `high-speed
broadband' means the provision of 2-way data transmission
with sufficient downstream and upstream speeds to end users
to permit effective participation in the economy and to
support economic growth, as determined by the Secretary.
``(b) Broadband Projects.--
``(1) In general.--On the application of an eligible
recipient, the Secretary may make grants under this title for
broadband projects, which shall be subject to the provisions
of this section.
``(2) Considerations.--In reviewing applications submitted
under paragraph (1), the Secretary shall take into
consideration geographic diversity of grants provided,
including consideration of underserved markets, in addition
to data requested in paragraph (3).
``(3) Data requested.--In reviewing an application
submitted under paragraph (1), the Secretary shall request
from the Federal Communications Commission, the Administrator
of the National Telecommunications and Information
Administration, the Secretary of Agriculture, and the
Appalachian Regional Commission data on--
``(A) the level and extent of broadband service that exists
in the area proposed to be served; and
``(B) the level and extent of broadband service that will
be deployed in the area proposed to be served pursuant to
another Federal program.
``(4) Interest in real or personal property.--For any
broadband project carried out by an eligible recipient that
is a public-private partnership or consortium, the Secretary
shall require that title to any real or personal property
acquired or improved with grant funds, or if the recipient
will not acquire title, another possessory interest
acceptable to the Secretary, be vested in a public partner or
eligible nonprofit organization or association for the useful
life of the project, after which title may be transferred to
any member of the public-private partnership or consortium in
accordance with regulations promulgated by the Secretary.
``(5) Procurement.--Notwithstanding any other provision of
law, no person or entity shall be disqualified from competing
to provide goods or services related to a broadband project
on the basis that the person or entity participated in the
development of the broadband project or in the drafting of
specifications, requirements, statements of work, or similar
documents related to the goods or services to be provided.
``(6) Broadband project property.--
``(A) In general.--The Secretary may permit a recipient of
a grant for a broadband project to grant an option to acquire
real or personal property (including contractual rights and
intangible property) related to that project to a third party
on such terms as the Secretary determines to be appropriate,
subject to the condition that the option may only be
exercised after the Secretary releases the Federal interest
in the property.
``(B) Treatment.--The grant or exercise of an option
described in subparagraph (A) shall not constitute a
redistribution of grant funds under section 217.
``(c) Non-Federal Share.--In determining the amount of the
non-Federal share of the cost of a broadband project, the
Secretary may provide credit toward the non-Federal share for
the present value of allowable contributions over the useful
life of the broadband project, subject to the condition that
the Secretary may require such assurances of the value of the
rights and of the commitment of the rights as the Secretary
determines to be appropriate.''.
SEC. 5115. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT GRANT
PROGRAM.
Title II of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 5114)
is amended by adding at the end the following:
``SEC. 222. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT GRANT
PROGRAM.
``(a) In General.--On the application of an eligible
recipient, the Secretary may make grants under the `Critical
Supply Chain Site Development grant program' (referred to in
this section as the `grant program') to carry out site
development or expansion projects for the purpose of making
the site ready for manufacturing projects.
``(b) Considerations.--In providing a grant to an eligible
recipient under the grant program, the Secretary may consider
whether--
``(1) the proposed improvements to the site will improve
economic conditions for rural areas, Tribal communities, or
areas that meet 1 or more of the criteria described in
section 301(a);
``(2) the project is consistent with regional economic
development plans, which may include a comprehensive economic
development strategy;
``(3) the eligible recipient has initiatives to prioritize
job training and workforce development; and
``(4) the project supports industries determined by the
Secretary to be of strategic importance to the national or
economic security of the United States.
``(c) Priority.--In awarding grants to eligible recipients
under the grant program, the Secretary shall give priority to
eligible recipients that propose to carry out a project
that--
``(1) has State, local, private, or nonprofit funds being
contributed to assist with site development efforts; and
[[Page S4824]]
``(2) if the site development or expansion project is
carried out, will result in a demonstrated interest in the
site by commercial entities or other entities.
``(d) Use of Funds.--A grant provided under the grant
program may be used for the following activities relating to
the development or expansion of a site:
``(1) Investments in site utility readiness, including--
``(A) construction of on-site utility infrastructure;
``(B) construction of last-mile infrastructure, including
road infrastructure, water infrastructure, power
infrastructure, broadband infrastructure, and other physical
last-mile infrastructure;
``(C) site grading; and
``(D) other activities to extend public utilities or
services to a site, as determined appropriate by the
Secretary.
``(2) Investments in site readiness, including--
``(A) land assembly;
``(B) environmental reviews;
``(C) zoning;
``(D) design;
``(E) engineering; and
``(F) permitting.
``(3) Investments in workforce development and
sustainability programs, including job training and
retraining programs.
``(4) Investments to ensure that disadvantaged communities
have access to on-site jobs.
``(e) Prohibition.--In awarding grants under the grant
program, the Secretary shall not require an eligible
recipient to demonstrate that a private company or investment
has selected the site for development or expansion.''.
SEC. 5116. UPDATED DISTRESS CRITERIA AND GRANT RATES.
Section 301(a) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3161(a)) is amended by striking
paragraph (3) and inserting the following:
``(3) Unemployment, underemployment, or economic adjustment
problems.--The area is an area that the Secretary determines
has experienced or is about to experience a special need
arising from actual or threatened severe unemployment,
underemployment, or economic adjustment problems resulting
from severe short-term or long-term changes in economic
conditions.
``(4) Low median household income.--The area has a median
household income of 80 percent or less of the national
average.
``(5) Workforce participation.--The area has--
``(A) a labor force participation rate of 90 percent or
less of the national average; or
``(B) a prime-age employment gap of 5 percent or more.
``(6) Expected economic dislocation and distress from
energy industry transitions.--The area is an area that is
expected to experience actual or threatened severe
unemployment or economic adjustment problems resulting from
severe short-term or long-term changes in economic conditions
from energy industries that are experiencing accelerated
contraction.''.
SEC. 5117. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.
Section 302 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3162) is amended--
(1) in subsection (a)(3)(A), by inserting ``including to
mitigate and adapt to extreme weather,'' after ``enhances and
protects the environment,''; and
(2) by adding at the end the following:
``(d) Exception.--This section shall not apply to grants
awarded under section 207 or grants awarded under section
209(c)(2) that are regional in scope.''.
SEC. 5118. OFFICE OF TRIBAL ECONOMIC DEVELOPMENT.
Title V of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3191 et seq.) is amended by adding at the end
the following:
``SEC. 508. OFFICE OF TRIBAL ECONOMIC DEVELOPMENT.
``(a) Establishment.--There is established within the
Economic Development Administration an Office of Tribal
Economic Development (referred to in this section as the
`Office').
``(b) Purposes.--The purposes of the Office shall be--
``(1) to coordinate all Tribal economic development
activities carried out by the Secretary;
``(2) to help Tribal communities access economic
development assistance programs, including the assistance
provided under this Act;
``(3) to coordinate Tribal economic development strategies
and efforts with other Federal agencies; and
``(4) to be a participant in any negotiated rulemakings or
consultations relating to, or having an impact on, projects,
programs, or funding that benefit Tribal communities.
``(c) Tribal Economic Development Strategy.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Economic Development Reauthorization Act of
2024, the Office shall initiate a Tribal consultation process
to develop, and not less frequently than every 3 years
thereafter, update, a strategic plan for Tribal economic
development for the Economic Development Administration.
``(2) Submission to congress.--Not later than 1 year after
the date of enactment of the Economic Development
Reauthorization Act of 2024 and not less frequently than
every 3 years thereafter, the Office shall submit to Congress
the strategic plan for Tribal economic development developed
under paragraph (1).
``(d) Outreach.--The Secretary shall establish a publicly
facing website to help provide a comprehensive, single source
of information for Indian tribes, Tribal leaders, Tribal
businesses, and citizens in Tribal communities to better
understand and access programs that support economic
development in Tribal communities, including the economic
development programs administered by Federal agencies or
departments other than the Department.
``(e) Dedicated Staff.--The Secretary shall ensure that the
Office has sufficient staff to carry out all outreach
activities under this section.''.
SEC. 5119. OFFICE OF DISASTER RECOVERY AND RESILIENCE.
Title V of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3191 et seq.) (as amended by section 5118) is
amended by adding at the end the following:
``SEC. 509. OFFICE OF DISASTER RECOVERY AND RESILIENCE.
``(a) Establishment.--The Secretary shall establish an
Office of Disaster Recovery and Resilience--
``(1) to direct and implement the post-disaster economic
recovery responsibilities of the Economic Development
Administration pursuant to subsections (c)(2) and (e) of
section 209 and section 703;
``(2) to direct and implement economic recovery and
enhanced resilience support function activities as directed
under the National Disaster Recovery Framework; and
``(3) support long-term economic recovery in communities in
which a major disaster or emergency has been declared under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), or otherwise
impacted by an event of national significance, as determined
by the Secretary, through--
``(A) convening and deploying an economic development
assessment team;
``(B) hosting or attending convenings related to
identification of additional Federal, State, local, and
philanthropic entities and resources;
``(C) exploring potential flexibilities related to existing
awards;
``(D) provision of technical assistance through staff or
contractual resources; and
``(E) other activities determined by the Secretary to be
appropriate.
``(b) Appointment and Compensation Authorities.--
``(1) Appointment.--The Secretary is authorized to appoint
such temporary personnel as may be necessary to carry out the
responsibilities of the Office of Disaster Recovery and
Resilience, without regard to the provisions of subchapter I
of chapter 33 of title 5, United States Code, governing
appointments in the competitive service and compensation of
personnel.
``(2) Conversion of employees.--Notwithstanding chapter 33
of title 5, United States Code, or any other provision of law
relating to the examination, certification, and appointment
of individuals in the competitive service, the Secretary is
authorized to convert a temporary employee appointed under
this subsection to a permanent appointment in the competitive
service in the Economic Development Administration under
merit promotion procedures if--
``(A) the employee has served continuously for at least 2
years under 1 or more appointments under this subsection; and
``(B) the employee's performance has been at an acceptable
level of performance throughout the period or periods
referred to in subparagraph (A).
``(3) Compensation.--An individual converted under this
subsection shall become a career-conditional employee, unless
the employee has already completed the service requirements
for career tenure.
``(c) Disaster Team.--
``(1) Establishment.--As soon as practicable after the date
of enactment of this section, the Secretary shall establish a
disaster team (referred to in this section as the `disaster
team') for the deployment of individuals to carry out
responsibilities of the Office of Disaster Recovery and
Resilience after a major disaster or emergency has been
declared under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the
Department has been activated by the Federal Emergency
Management Agency.
``(2) Membership.--
``(A) Designation of staff.--As soon as practicable after
the date of enactment of this section, the Secretary shall
designate to serve on the disaster team--
``(i) employees of the Office of Disaster Recovery and
Resilience;
``(ii) employees of the Department who are not employees of
the Economic Development Administration; and
``(iii) in consultation with the heads of other Federal
agencies, employees of those agencies, as appropriate.
``(B) Capabilities.--In designating individuals under
subparagraph (A), the Secretary shall ensure that the
disaster team includes a sufficient quantity of--
``(i) individuals who are capable of deploying rapidly and
efficiently to respond to major disasters and emergencies;
and
``(ii) highly trained full-time employees who will lead and
manage the disaster team.
[[Page S4825]]
``(3) Training.--The Secretary shall ensure that
appropriate and ongoing training is provided to members of
the disaster team to ensure that the members are adequately
trained regarding the programs and policies of the Economic
Development Administration relating to post-disaster economic
recovery efforts.
``(4) Expenses.--In carrying out this section, the
Secretary may--
``(A) use, with or without reimbursement, any service,
equipment, personnel, or facility of any Federal agency with
the explicit support of that agency, to the extent such use
does not impair or conflict with the authority of the
President or the Administrator of the Federal Emergency
Management Agency under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
to direct Federal agencies in any major disaster or emergency
declared under that Act; and
``(B) provide members of the disaster team with travel
expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of
chapter 57 of title 5, United States Code, while away from
the home or regular place of business of the member in the
performance of services for, or relating to, the disaster
team.''.
SEC. 5120. ESTABLISHMENT OF TECHNICAL ASSISTANCE LIAISONS.
Title V of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3191 et seq.) (as amended by section 5119) is
amended by adding at the end the following:
``SEC. 510. TECHNICAL ASSISTANCE LIAISONS.
``(a) In General.--A Regional Director of a regional office
of the Economic Development Administration may designate a
staff member to act as a `Technical Assistance Liaison' for
any State served by the regional office.
``(b) Role.--A Technical Assistance Liaison shall--
``(1) work in coordination with an Economic Development
Representative to provide technical assistance, in addition
to technical assistance under section 207, to eligible
recipients that are underresourced communities, as determined
by the Technical Assistance Liaison, that submit applications
for assistance under title II; and
``(2) at the request of an eligible recipient that
submitted an application for assistance under title II,
provide technical feedback on unsuccessful grant
applications.
``(c) Technical Assistance.--The Secretary may enter into a
contract or cooperative agreement with an eligible recipient
for the purpose of providing technical assistance to eligible
recipients that are underresourced communities that have
submitted or may submit an application for assistance under
this Act.''.
SEC. 5121. ANNUAL REPORT TO CONGRESS.
Section 603(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3213(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``areas'' after
``rural''; and
(B) in subparagraph (B), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4)(A) include a list of all of the grants provided by
the Economic Development Administration for projects located
in, or that primarily benefit, rural areas;
``(B) an explanation of the process used to determine how
each project referred to in subparagraph (A) would benefit a
rural area; and
``(C) a certification that each project referred to in
subparagraph (A)--
``(i) is located in a rural area; or
``(ii) will primarily benefit a rural area.''.
SEC. 5122. MODERNIZATION OF ENVIRONMENTAL REVIEWS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Commerce (referred to
in this section as the ``Secretary'') shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the efforts of the
Secretary to facilitate efficient, timely, and predictable
environmental reviews of projects funded by the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.), including through expanded use of categorical
exclusions, environmental assessments, or programmatic
environmental impact statements.
(b) Requirements.--In completing the report under
subsection (a), the Secretary shall--
(1) describe the actions the Secretary will take to
implement the amendments to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of
the Fiscal Responsibility Act of 2023 (Public Law 118-5; 137
Stat. 38);
(2) describe the existing categorical exclusions most
frequently used by the Secretary to streamline the
environmental review of projects funded by the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.); and
(3) consider--
(A) the adoption of additional categorical exclusions,
including those used by other Federal agencies, that would
facilitate the environmental review of projects funded by the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3121 et seq.);
(B) the adoption of new programmatic environmental impact
statements that would facilitate the environmental review of
projects funded by the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 et seq.); and
(C) agreements with other Federal agencies that would
facilitate a more efficient process for the environmental
review of projects funded by the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.).
(c) Rulemaking.--Not later than 2 years after the
submission of the report under subsection (a), the Secretary
shall promulgate a final rule implementing, to the maximum
extent practicable, measures considered by the Secretary
under subsection (b) that are necessary to streamline the
environmental review of projects funded by the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.).
SEC. 5123. GAO REPORT ON ECONOMIC DEVELOPMENT PROGRAMS.
(a) Definitions.--In this section:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Regional commission.--The term ``Regional Commission''
has the meaning given the term in section 3 of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3122).
(b) Report.--Not later than September 30, 2026, the
Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that evaluates economic development
programs administered by the Economic Development
Administration and the Regional Commissions.
(c) Contents.--In carrying out the report under subsection
(b), the Comptroller General shall--
(1) evaluate the impact of programs described in that
subsection on economic outcomes, including job creation and
retention, the rate of unemployment and underemployment,
labor force participation, and private investment leveraged;
(2) describe efforts by the Economic Development
Administration and the Regional Commissions to document the
impact of programs described in that subsection on economic
outcomes described in paragraph (1);
(3) describe efforts by the Economic Development
Administration and the Regional Commissions to carry out
coordination activities described in section 103 of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3133);
(4) consider other factors, as determined to be appropriate
by the Comptroller General of the United States, to assess
the effectiveness of programs described in subsection (b);
and
(5) make legislative recommendations for improvements to
programs described in subsection (b) as applicable.
SEC. 5124. GAO REPORT ON ECONOMIC DEVELOPMENT ADMINISTRATION
REGULATIONS AND POLICIES.
(a) Definitions.--In this section:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Small community.--The term ``small community'' means a
community of less than 10,000 year-round residents.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that evaluates
economic development regulations and policies administered by
the Economic Development Administration that have hindered
the ability of communities to apply for and administer
Economic Development Administration grants.
(c) Contents.--In carrying out the report under subsection
(b), the Comptroller General shall--
(1) review regulations and grant application processes
promulgated by the Assistant Secretary of Commerce for
Economic Development;
(2) evaluate the technical capacity of eligible recipients
(as defined in section 3 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3122)) to apply for
Economic Development Administration grants;
(3) provide recommendations for improving the
administration and timely disbursement of grants awarded by
the Economic Development Administration, including for
improving the communication with grantees regarding timelines
for disbursement of funds;
(4) identify barriers to small communities applying for
Economic Development Administration grants, in consultation
with--
(A) State economic development representatives;
(B) secretaries of State departments of economic
development;
(C) representatives for small communities that have
received Economic Development Administration grants; and
(D) representatives for small communities that have never
applied for Economic Development Administration grants; and
(5) provide recommendations for simplifying and easing the
ability for grant applicants to navigate the Economic
Development Administration grant application process,
including through a review of regulations, including
environmental regulations, not in the jurisdiction of the
Economic Development Administration to identify possible
grant application process improvements.
[[Page S4826]]
SEC. 5125. GAO STUDY ON RURAL COMMUNITIES.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall conduct a study to evaluate the impacts of
funding provided by the Economic Development Administration
to distressed communities (as described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a))) located in rural areas.
(b) Contents.--In carrying out the study under subsection
(a), the Comptroller General shall--
(1) identify not less than 5 geographically diverse
distressed communities in rural areas; and
(2) for each distressed community identified under
paragraph (1), examine the impacts of funding provided by the
Economic Development Administration on--
(A) the local jobs and unemployment of the community; and
(B) the availability of affordable housing in the
community.
(c) Report.--On completion of the study under subsection
(a), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study and any
recommendations that result from the study.
SEC. 5126. GENERAL AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 701 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3231) is
amended--
(1) by redesignating subsection (b) as subsection (k); and
(2) by striking subsection (a) and inserting the following:
``(a) Grants for Public Works and Economic Development.--
There are authorized to be appropriated to carry out section
201, to remain available until expended--
``(1) $170,000,000 for fiscal year 2025;
``(2) $195,000,000 for fiscal year 2026;
``(3) $220,000,000 for fiscal year 2027;
``(4) $245,000,000 for fiscal year 2028; and
``(5) $270,000,000 for fiscal year 2029.
``(b) Grants for Planning and Grants for Administrative
Expenses.--There are authorized to be appropriated to carry
out section 203, to remain available until expended--
``(1) $90,000,000 for fiscal year 2025;
``(2) $100,000,000 for fiscal year 2026;
``(3) $110,000,000 for fiscal year 2027;
``(4) $120,000,000 for fiscal year 2028; and
``(5) $130,000,000 for fiscal year 2029.
``(c) Grants for Training, Research, and Technical
Assistance.--There are authorized to be appropriated to carry
out section 207, to remain available until expended--
``(1) $25,000,000 for fiscal year 2025;
``(2) $30,000,000 for fiscal year 2026;
``(3) $35,000,000 for fiscal year 2027;
``(4) $40,000,000 for fiscal year 2028; and
``(5) $45,000,000 for fiscal year 2029.
``(d) Grants for Economic Adjustment.--There are authorized
to be appropriated to carry out section 209 (other than
subsections (d) and (e)), to remain available until
expended--
``(1) $65,000,000 for fiscal year 2025;
``(2) $75,000,000 for fiscal year 2026;
``(3) $85,000,000 for fiscal year 2027;
``(4) $95,000,000 for fiscal year 2028; and
``(5) $105,000,000 for fiscal year 2029.
``(e) Assistance to Coal Communities.--There is authorized
to be appropriated to carry out section 209(d) $75,000,000
for each of fiscal years 2025 through 2029, to remain
available until expended.
``(f) Assistance to Nuclear Host Communities.--There are
authorized to be appropriated to carry out section 209(e), to
remain available until expended--
``(1) to carry out paragraph (2)(A), $35,000,000 for each
of fiscal years 2025 through 2029; and
``(2) to carry out paragraph (2)(B), $5,000,000 for each of
fiscal years 2025 through 2027.
``(g) Renewable Energy Program.--There is authorized to be
appropriated to carry out section 218 $5,000,000 for each of
fiscal years 2025 through 2029, to remain available until
expended.
``(h) Workforce Training Grants.--There is authorized to be
appropriated to carry out section 219 $50,000,000 for each of
fiscal years 2025 through 2029, to remain available until
expended, of which $10,000,000 for each of fiscal years 2025
through 2029 shall be used to carry out subsection (c) of
that section.
``(i) Critical Supply Chain Site Development Grant
Program.--There is authorized to be appropriated to carry out
section 222 $20,000,000 for each of fiscal years 2025 through
2029, to remain available until expended.
``(j) Technical Assistance Liaisons.--There is authorized
to be appropriated to carry out section 510 $5,000,000 for
each of fiscal years 2025 through 2029, to remain available
until expended.''.
(b) Conforming Amendment.--Title VII of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3231 et seq.)
is amended by striking section 704.
SEC. 5127. TECHNICAL CORRECTION.
Section 1 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3121 note; Public Law 89-136) is amended
by striking subsection (b) and inserting the following:
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and declarations.
``Sec. 3. Definitions.
``TITLE I--ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND
COORDINATION
``Sec. 101. Establishment of economic development partnerships.
``Sec. 102. Cooperation of Federal agencies.
``Sec. 103. Coordination.
``TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
``Sec. 201. Grants for public works and economic development.
``Sec. 202. Base closings and realignments.
``Sec. 203. Grants for planning and grants for administrative expenses.
``Sec. 204. Cost sharing.
``Sec. 205. Supplementary grants.
``Sec. 206. Regulations on relative needs and allocations.
``Sec. 207. Research and technical assistance; university centers.
``Sec. 208. Investment priorities.
``Sec. 209. Grants for economic adjustment.
``Sec. 210. Changed project circumstances.
``Sec. 211. Use of funds in projects constructed under projected cost.
``Sec. 212. Reports by recipients.
``Sec. 213. Prohibition on use of funds for attorney's and consultant's
fees.
``Sec. 214. Special impact areas.
``Sec. 215. Performance awards.
``Sec. 216. Planning performance awards.
``Sec. 217. Direct expenditure or redistribution by recipient.
``Sec. 218. Renewable energy program.
``Sec. 219. Workforce training grants.
``Sec. 220. Congressional notification requirements.
``Sec. 221. High-Speed Broadband Deployment Initiative.
``Sec. 222. Critical supply chain site development grant program.
``TITLE III--ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
``Sec. 301. Eligibility of areas.
``Sec. 302. Comprehensive economic development strategies.
``TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS
``Sec. 401. Designation of economic development districts.
``Sec. 402. Termination or modification of economic development
districts.
``Sec. 404. Provision of comprehensive economic development strategies
to Regional Commissions.
``Sec. 405. Assistance to parts of economic development districts not
in eligible areas.
``TITLE V--ADMINISTRATION
``Sec. 501. Assistant Secretary for Economic Development.
``Sec. 502. Economic development information clearinghouse.
``Sec. 503. Consultation with other persons and agencies.
``Sec. 504. Administration, operation, and maintenance.
``Sec. 506. Performance evaluations of grant recipients.
``Sec. 507. Notification of reorganization.
``Sec. 508. Office of Tribal Economic Development.
``Sec. 509. Office of Disaster Recovery and Resilience.
``Sec. 510. Technical Assistance Liaisons.
``TITLE VI--MISCELLANEOUS
``Sec. 601. Powers of Secretary.
``Sec. 602. Maintenance of standards.
``Sec. 603. Annual report to Congress.
``Sec. 604. Delegation of functions and transfer of funds among Federal
agencies.
``Sec. 605. Penalties.
``Sec. 606. Employment of expediters and administrative employees.
``Sec. 607. Maintenance and public inspection of list of approved
applications for financial assistance.
``Sec. 608. Records and audits.
``Sec. 609. Relationship to assistance under other law.
``Sec. 610. Acceptance of certifications by applicants.
``Sec. 611. Brownfields redevelopment reports.
``Sec. 612. Savings clause.
``TITLE VII--FUNDING
``Sec. 701. General authorization of appropriations.
``Sec. 702. Authorization of appropriations for defense conversation
activities.
``Sec. 703. Authorization of appropriations for disaster economic
recovery activities.''.
TITLE LII--REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT
SEC. 5201. REGIONAL COMMISSION AUTHORIZATIONS.
Section 15751 of title 40, United States Code, is amended
by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated
to each Commission to carry out this subtitle $40,000,000 for
each of fiscal years 2025 through 2029.''.
SEC. 5202. REGIONAL COMMISSION MODIFICATIONS.
(a) Membership of Commissions.--Section 15301 of title 40,
United States Code, is amended--
(1) in subsection (b)(2)(C)--
(A) by striking ``An alternate member'' and inserting the
following:
[[Page S4827]]
``(i) In general.--An alternate member''; and
(B) by adding at the end the following:
``(ii) State alternates.--If the alternate State member is
unable to vote in accordance with clause (i), the alternate
State member may delegate voting authority to a designee,
subject to the condition that the executive director shall be
notified, in writing, of the designation not less than 1 week
before the applicable vote is to take place.''; and
(2) in subsection (f), by striking ``a Federal employee''
and inserting ``an employee''.
(b) Decisions of Commissions.--Section 15302 of title 40,
United States Code, is amended--
(1) in subsection (a), by inserting ``or alternate State
members, including designees'' after ``State members''; and
(2) by striking subsection (c) and inserting the following:
``(c) Quorums.--
``(1) In general.--Subject to paragraph (2), a Commission
shall determine what constitutes a quorum for meetings of the
Commission.
``(2) Requirements.--Any quorum for meetings of a
Commission shall include--
``(A) the Federal Cochairperson or the alternate Federal
Cochairperson; and
``(B) a majority of State members or alternate State
members, including designees (exclusive of members
representing States delinquent under section
15304(c)(3)(C)).''.
(c) Administrative Powers and Expenses of Commissions.--
Section 15304(a) of title 40, United States Code, is
amended--
(1) in paragraph (5), by inserting ``, which may be done
without a requirement for the Commission to reimburse the
agency or local government'' after ``status'';
(2) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively;
(3) by inserting after paragraph (7) the following:
``(8) collect fees for services provided and retain and
expend such fees;'';
(4) in paragraph (9) (as so redesignated), by inserting
``leases (including the lease of office space for any
term),'' after ``cooperative agreements,''; and
(5) in paragraph (10) (as so redesignated), by striking
``maintain a government relations office in the District of
Columbia and''.
(d) Meetings of Commissions.--Section 15305(b) of title 40,
United States Code, is amended by striking ``with the Federal
Cochairperson'' and all that follows through the period at
the end and inserting the following: ``with--
``(1) the Federal Cochairperson; and
``(2) at least a majority of the State members or alternate
State members (including designees) present in-person or via
electronic means.''.
(e) Annual Reports.--Section 15308(a) of title 40, United
States Code, is amended by striking ``90'' and inserting
``180''.
SEC. 5203. TRANSFER OF FUNDS AMONG FEDERAL AGENCIES.
(a) In General.--Chapter 153 of subtitle V of title 40,
United States Code, is amended--
(1) by redesignating section 15308 as section 15309; and
(2) by inserting after section 15307 the following:
``Sec. 15308. Transfer of funds among Federal agencies
``(a) In General.--Subject to subsection (c), for purposes
of this subtitle, each Commission may transfer funds to and
accept transfers of funds from other Federal agencies.
``(b) Transfer of Funds to Other Federal Agencies.--Funds
made available to a Commission may be transferred to other
Federal agencies if the funds are used consistently with the
purposes for which the funds were specifically authorized and
appropriated.
``(c) Transfer of Funds From Other Federal Agencies.--Funds
may be transferred to any Commission under this section if--
``(1) the statutory authority for the funds provided by the
Federal agency does not expressly prohibit use of funds for
authorities being carried out by a Commission; and
``(2) the Federal agency that provides the funds determines
that the activities for which the funds are to be used are
otherwise eligible for funding under such a statutory
authority.''.
(b) Clerical Amendment.--The analysis for chapter 153 of
subtitle V of title 40, United States Code, is amended by
striking the item relating to section 15308 and inserting the
following:
``15308. Transfer of funds among Federal agencies.
``15309. Annual reports.''.
SEC. 5204. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.
Section 15501 of title 40, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (9) as
paragraphs (6) through (11), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) in coordination with relevant Federal agencies, to
design, build, implement, or update infrastructure to support
resilience to extreme weather events;
``(5) to promote the production of housing to meet economic
development and workforce needs;''; and
(2) in subsection (b), by striking ``(7)'' and inserting
``(9)''.
SEC. 5205. FINANCIAL ASSISTANCE.
(a) In General.--Chapter 155 of subtitle V of title 40,
United States Code, is amended by adding at the end the
following:
``Sec. 15507. Payment of non-Federal share for certain
Federal grant programs
``Amounts made available to carry out this subtitle shall
be available for the payment of the non-Federal share for any
project carried out under another Federal grant program--
``(1) for which a Commission is not the sole or primary
funding source; and
``(2) that is consistent with the authorities of the
applicable Commission.''.
(b) Clerical Amendment.--The analysis for chapter 155 of
subtitle V of title 40, United States Code, is amended by
adding at the end the following:
``15507. Payment of non-Federal share for certain Federal grant
programs.''.
SEC. 5206. NORTHERN BORDER REGIONAL COMMISSION AREA.
Section 15733 of title 40, United States Code, is amended--
(1) in paragraph (1), by inserting ``Lincoln,'' after
``Knox,'';
(2) in paragraph (2), by inserting ``Merrimack,'' after
``Grafton,''; and
(3) in paragraph (3), by inserting ``Wyoming,'' after
``Wayne,''.
SEC. 5207. SOUTHWEST BORDER REGIONAL COMMISSION AREA.
Section 15732 of title 40, United States Code, is amended--
(1) in paragraph (3)--
(A) by inserting ``Bernalillo,'' before ``Catron,'';
(B) by inserting ``Cibola, Curry, De Baca,'' after
``Chaves,'';
(C) by inserting ``Guadalupe,'' after ``Grant,'';
(D) by inserting ``Lea,'' after ``Hidalgo,'';
(E) by inserting ``Roosevelt,'' after ``Otero,''; and
(F) by striking ``and Socorro'' and inserting ``Socorro,
Torrance, and Valencia''; and
(2) in paragraph (4)--
(A) by inserting ``Guadalupe,'' after ``Glasscock,''; and
(B) by striking ``Tom Green Upton,'' and inserting ``Tom
Green, Upton,''.
SEC. 5208. GREAT LAKES AUTHORITY AREA.
Section 15734 of title 40, United States Code, is amended,
in the matter preceding paragraph (1), by inserting ``the
counties which contain, in part or in whole, the'' after
``consist of''.
SEC. 5209. ADDITIONAL REGIONAL COMMISSION PROGRAMS.
(a) In General.--Subtitle V of title 40, United States
Code, is amended by adding at the end the following:
``CHAPTER 159--ADDITIONAL REGIONAL COMMISSION PROGRAMS
``Sec.
``15901. State capacity building grant program.
``15902. Demonstration health projects.
``Sec. 15901. State capacity building grant program
``(a) Definitions.--In this section:
``(1) Commission state.--The term `Commission State' means
a State that contains 1 or more eligible counties.
``(2) Eligible county.--The term `eligible county' means a
county described in subchapter II of chapter 157.
``(3) Program.--The term `program' means a State capacity
building grant program established by a Commission under
subsection (b).
``(b) Establishment.--Each Commission shall establish a
State capacity building grant program to provide grants to
Commission States in the area served by the Commission for
the purposes described in subsection (c).
``(c) Purposes.--The purposes of a program are to support
the efforts of the Commission--
``(1) to better support business retention and expansion in
eligible counties;
``(2) to create programs to encourage job creation and
workforce development in eligible counties, including
projects and activities, in coordination with other relevant
Federal agencies, to strengthen the water sector workforce
and facilitate the sharing of best practices;
``(3) to partner with universities in distressed counties
(as designated under section 15702(a)(1))--
``(A) to strengthen the capacity to train new professionals
in fields for which there is a shortage of workers;
``(B) to increase local capacity for project management,
project execution, and financial management; and
``(C) to leverage funding sources;
``(4) to prepare economic and infrastructure plans for
eligible counties;
``(5) to expand access to high-speed broadband in eligible
counties;
``(6) to provide technical assistance that results in
Commission investments in transportation, water, wastewater,
and other critical infrastructure;
``(7) to promote workforce development to support resilient
infrastructure projects;
``(8) to develop initiatives to increase the effectiveness
of local development districts in eligible counties;
``(9) to implement new or innovative economic development
practices that will better position eligible counties to
compete in the global economy; and
``(10) to identify and address important regional
impediments to prosperity and to leverage unique regional
advantages to create
[[Page S4828]]
economic opportunities for the region served by the
Commission.
``(d) Use of Funds.--
``(1) In general.--Funds from a grant under a program may
be used to support a project, program, or related expense of
the Commission State in an eligible county.
``(2) Limitation.--Funds from a grant under a program shall
not be used for--
``(A) the purchase of furniture, fixtures, or equipment;
``(B) the compensation of--
``(i) any State member of the Commission (as described in
section 15301(b)(1)(B)); or
``(ii) any State alternate member of the Commission (as
described in section 15301(b)(2)(B)); or
``(C) the cost of supplanting existing State programs.
``(e) Annual Work Plan.--
``(1) In general.--For each fiscal year, before providing a
grant under a program, each Commission State shall provide to
the Commission an annual work plan that includes the proposed
use of the grant.
``(2) Approval.--No grant under a program shall be provided
to a Commission State unless the Commission has approved the
annual work plan of the State.
``(f) Amount of Grant.--
``(1) In general.--The amount of a grant provided to a
Commission State under a program for a fiscal year shall be
based on the proportion that--
``(A) the amount paid by the Commission State (including
any amounts paid on behalf of the Commission State by a
nonprofit organization) for administrative expenses for the
applicable fiscal year (as determined under section
15304(c)); bears to
``(B) the amount paid by all Commission States served by
the Commission (including any amounts paid on behalf of a
Commission State by a nonprofit organization) for
administrative expenses for that fiscal year (as determined
under that section).
``(2) Requirement.--To be eligible to receive a grant under
a program for a fiscal year, a Commission State (or a
nonprofit organization on behalf of the Commission State)
shall pay the amount of administrative expenses of the
Commission State for the applicable fiscal year (as
determined under section 15304(c)).
``(3) Approval.--For each fiscal year, a grant provided
under a program shall be approved and made available as part
of the approval of the annual budget of the Commission.
``(g) Grant Availability.--Funds from a grant under a
program shall be available only during the fiscal year for
which the grant is provided.
``(h) Report.--Each fiscal year, each Commission State
shall submit to the relevant Commission and make publicly
available a report that describes the use of the grant funds
and the impact of the program in the Commission State.
``(i) Continuation of Program Authority for Northern Border
Regional Commission.--With respect to the Northern Border
Regional Commission, the program shall be a continuation of
the program under section 6304(c) of the Agriculture
Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law
115-334) (as in effect on the day before the date of
enactment of this section).
``Sec. 15902. Demonstration health projects
``(a) Purpose.--To demonstrate the value of adequate health
facilities and services to the economic development of the
region, a Commission may make grants for the planning,
construction, equipment, and operation of demonstration
health, nutrition, and child care projects (referred to in
this section as a `demonstration health project'), including
hospitals, regional health diagnostic and treatment centers,
and other facilities and services necessary for the purposes
of this section.
``(b) Eligible Entities.--An entity eligible to receive a
grant under this section is--
``(1) an entity described in section 15501(a);
``(2) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(3) a hospital (as defined in section 1861 of the Social
Security Act (42 U.S.C. 1395x)); or
``(4) a critical access hospital (as defined in that
section).
``(c) Planning Grants.--
``(1) In general.--A Commission may make grants for
planning expenses necessary for the development and operation
of demonstration health projects for the region served by the
Commission.
``(2) Maximum commission contribution.--The maximum
Commission contribution for a demonstration health project
that receives a grant under paragraph (1) shall be made in
accordance with section 15501(d).
``(3) Sources of assistance.--A grant under paragraph (1)
may be provided entirely from amounts made available to carry
out this section or in combination with amounts provided
under other Federal grant programs.
``(4) Federal share for grants under other federal grant
programs.--Notwithstanding any provision of law limiting the
Federal share in other Federal grant programs, amounts made
available to carry out this subsection may be used to
increase the Federal share of another Federal grant up to the
maximum contribution described in paragraph (2).
``(d) Construction and Equipment Grants.--
``(1) In general.--A grant under this section for
construction or equipment of a demonstration health project
may be used for--
``(A) costs of construction;
``(B) the acquisition of privately owned facilities--
``(i) not operated for profit; or
``(ii) previously operated for profit if the Commission
finds that health services would not otherwise be provided in
the area served by the facility if the acquisition is not
made; and
``(C) the acquisition of initial equipment.
``(2) Standards for making grants.--A grant under paragraph
(1)--
``(A) shall be approved in accordance with section 15503;
and
``(B) shall not be incompatible with the applicable
provisions of title VI of the Public Health Service Act (42
U.S.C. 291 et seq.), the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et
seq.), and other laws authorizing grants for the construction
of health-related facilities, without regard to any
provisions in those laws relating to appropriation
authorization ceilings or to allotments among the States.
``(3) Maximum commission contribution.--The maximum
Commission contribution for a demonstration health project
that receives a grant under paragraph (1) shall be made in
accordance with section 15501(d).
``(4) Sources of assistance.--A grant under paragraph (1)
may be provided entirely from amounts made available to carry
out this section or in combination with amounts provided
under other Federal grant programs.
``(5) Contribution to increased federal share for other
federal grants.--Notwithstanding any provision of law
limiting the Federal share in another Federal grant program
for the construction or equipment of a demonstration health
project, amounts made available to carry out this subsection
may be used to increase Federal grants for component
facilities of a demonstration health project to a maximum of
90 percent of the cost of the facilities.
``(e) Operation Grants.--
``(1) In general.--A grant under this section for the
operation of a demonstration health project may be used for--
``(A) the costs of operation of the facility; and
``(B) initial operating costs, including the costs of
attracting, training, and retaining qualified personnel.
``(2) Standards for making grants.--A grant for the
operation of a demonstration health project shall not be made
unless the facility funded by the grant is--
``(A) publicly owned;
``(B) owned by a public or private nonprofit organization;
``(C) a private hospital described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of that Code; or
``(D) a private hospital that provides a certain amount of
uncompensated care, as determined by the Commission, and
applies for the grant in partnership with a State, local
government, or Indian Tribe.
``(3) Maximum commission contribution.--The maximum
Commission contribution for a demonstration health project
that receives a grant under paragraph (1) shall be made in
accordance with section 15501(d).
``(4) Sources of assistance.--A grant under paragraph (1)
may be provided entirely from amounts made available to carry
out this section or in combination with amounts provided
under other Federal grant programs for the operation of
health-related facilities or the provision of health and
child development services, including parts A and B of title
IV and title XX of the Social Security Act (42 U.S.C. 601 et
seq., 621 et seq., 1397 et seq.).
``(5) Federal share.--Notwithstanding any provision of law
limiting the Federal share in the other Federal programs
described in paragraph (4), amounts made available to carry
out this subsection may be used to increase the Federal share
of a grant under those programs up to the maximum
contribution described in paragraph (3).
``(f) Priority Health Programs.--If a Commission elects to
make grants under this section, the Commission shall
establish specific regional health priorities for such grants
that address--
``(1) addiction treatment and access to resources helping
individuals in recovery;
``(2) workforce shortages in the healthcare industry; or
``(3) access to services for screening and diagnosing
chronic health issues.''.
(b) Repeal.--Section 6304(c) of the Agriculture Improvement
Act of 2018 (40 U.S.C. 15501 note; Public Law 115-334) is
repealed.
(c) Clerical Amendment.--The table of chapters for subtitle
V of title 40, United States Code, is amended by inserting
after the item relating to chapter 157 the following:
``159. Additional Regional Commission Programs............15901''.....
SEC. 5210. TRIBAL AND COLONIA PARTICIPATION IN SOUTHWEST
BORDER REGION.
(a) In General.--Chapter 155 of subtitle V of title 40,
United States Code (as amended by section 5205(a)), is
amended by adding at the end the following:
``Sec. 15508. Waiver of matching requirement for Indian
tribes and colonias in Southwest Border Regional Commission
programs
``(a) Definition of Colonia.--
``(1) In general.--In this section, the term `colonia'
means a community--
``(A) that is located--
``(i) in the State of Arizona, California, New Mexico, or
Texas;
[[Page S4829]]
``(ii) not more than 150 miles from the border between the
United States and Mexico; and
``(iii) outside a standard metropolitan statistical area
that has a population exceeding 1,000,000;
``(B) that--
``(i) lacks a potable water supply;
``(ii) lacks an adequate sewage system; or
``(iii) lacks decent, safe, and sanitary housing; and
``(C) that has been treated or designated as a colonia by a
Federal or State program.
``(b) Waiver.--Notwithstanding any other provision of law,
in the case of assistance provided to a colonia or an Indian
tribe under this subtitle by the Southwest Border Regional
Commission, the Federal share of the cost of the project
carried out with that assistance may be up to 100 percent, as
determined by the selection official, the State Cochairperson
(or an alternate), and the Federal Cochairperson (or an
alternate).''.
(b) Clerical Amendment.--The analysis for chapter 155 of
subtitle V of title 40, United States Code (as amended by
section 5205(b)), is amended by inserting after the item
relating to section 15507 the following:
``15508. Waiver of matching requirement for Indian tribes and colonias
in Southwest Border Regional Commission programs.''.
SEC. 5211. ESTABLISHMENT OF MID-ATLANTIC REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(5) The Mid-Atlantic Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of title 40,
United States Code, is amended by adding at the end the
following:
``Sec. 15735. Mid-Atlantic Regional Commission.
``The region of the Mid-Atlantic Regional Commission shall
include the following counties:
``(1) Delaware.--Each county in the State of Delaware.
``(2) Maryland.--Each county in the State of Maryland that
is not already served by the Appalachian Regional Commission.
``(3) Pennsylvania.--Each county in the Commonwealth of
Pennsylvania that is not already served by the Appalachian
Regional Commission.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 157 of title 40, United States Code, is amended by
adding at the end the following:
``15735. Mid-Atlantic Regional Commission.''.
(c) Application.--Section 15702(c) of title 40, United
States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Application.--Paragraph (2) shall not apply to a
county described in paragraph (2) or (3) of section 15735.''.
SEC. 5212. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL
COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code (as amended by section 5211(a)), is amended by
adding at the end the following:
``(6) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of title 40,
United States Code (as amended by section 5211(b)(1)), is
amended by adding at the end the following:
``Sec. 15736. Southern New England Regional Commission
``The region of the Southern New England Regional
Commission shall include the following counties:
``(1) Rhode island.--Each county in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, Middlesex,
New Haven, New London, Tolland, and Windham in the State of
Connecticut.
``(3) Massachusetts.--Each county in the Commonwealth of
Massachusetts.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 157 of title 40, United States Code (as amended by
section 5211(b)(2)), is amended by adding at the end the
following:
``15736. Southern New England Regional Commission.''.
(c) Application.--Section 15702(c)(3) of title 40, United
States Code (as amended by section 5211(c)), is amended--
(1) by striking the period at the end and inserting ``;
or'';
(2) by striking ``to a county'' and inserting the
following: ``to--
``(A) a county''; and
(3) by adding at the end the following:
``(B) the Southern New England Regional Commission.''.
SEC. 5213. DENALI COMMISSION REAUTHORIZATION.
(a) Reauthorization.--Section 312(a) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-
277) is amended by striking ``$15,000,000 for each of fiscal
years 2017 through 2021'' and inserting ``$35,000,000 for
each of fiscal years 2025 through 2029''.
(b) Powers of the Commission.--Section 305 of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-
277) is amended--
(1) in subsection (d), in the first sentence, by inserting
``enter into leases (including the lease of office space for
any term),'' after ``award grants,''; and
(2) by adding at the end the following:
``(e) Use of Funds Toward Non-Federal Share of Certain
Projects.--Notwithstanding any other provision of law
regarding payment of a non-Federal share in connection with a
grant-in-aid program, the Commission may use amounts made
available to the Commission for the payment of such a non-
Federal share for programs undertaken to carry out the
purposes of the Commission.''.
(c) Special Functions of the Commission.--Section 307 of
the Denali Commission Act of 1998 (42 U.S.C. 4321 note;
Public Law 105-277) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively; and
(3) in subsection (c) (as so redesignated), by inserting
``, including interagency transfers,'' after ``payments''.
(d) Conforming Amendment.--Section 309(c)(1) of the Denali
Commission Act of 1998 (42 U.S.C. 4321 note; Public Law 105-
277) is amended by inserting ``of Transportation'' after
``Secretary''.
SEC. 5214. DENALI HOUSING FUND.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization;
(B) a limited dividend organization;
(C) a cooperative organization;
(D) an Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)); and
(E) a public entity, such as a municipality, county,
district, authority, or other political subdivision of a
State.
(2) Federal cochair.--The term ``Federal Cochair'' means
the Federal Cochairperson of the Denali Commission.
(3) Fund.--The term ``Fund'' means the Denali Housing Fund
established under subsection (b)(1).
(4) Low-income.--The term ``low-income'', with respect to a
household means that the household income is less than 150
percent of the Federal poverty level for the State of Alaska.
(5) Moderate-income.--The term ``moderate-income'', with
respect to a household, means that the household income is
less than 250 percent of the Federal poverty level for the
State of Alaska.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Denali Housing Fund.--
(1) Establishment.--There shall be established in the
Treasury of the United States the Denali Housing Fund, to be
administered by the Federal Cochair.
(2) Source and use of amounts in fund.--
(A) In general.--Amounts allocated to the Federal Cochair
for the purpose of carrying out this section shall be
deposited in the Fund.
(B) Uses.--The Federal Cochair shall use the Fund as a
revolving fund to carry out the purposes of this section.
(C) Investment.--The Federal Cochair may invest amounts in
the Fund that are not necessary for operational expenses in
bonds or other obligations, the principal and interest of
which are guaranteed by the Federal Government.
(D) General expenses.--The Federal Cochair may charge the
general expenses of carrying out this section to the Fund.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $5,000,000 for each of fiscal
years 2025 through 2029.
(c) Purposes.--The purposes of this section are--
(1) to encourage and facilitate the construction or
rehabilitation of housing to meet the needs of low-income
households and moderate-income households; and
(2) to provide housing for public employees.
(d) Loans and Grants.--
(1) In general.--The Federal Cochair may provide grants and
loans from the Fund to eligible entities under such terms and
conditions the Federal Cochair may prescribe.
(2) Purpose.--The purpose of a grant or loan under
paragraph (1) shall be for planning and obtaining federally
insured mortgage financing or other financial assistance for
housing construction or rehabilitation projects for low-
income and moderate-income households in rural Alaska
villages.
(e) Providing Amounts to States for Grants and Loans.--The
Federal Cochair may provide amounts to the State of Alaska,
or political subdivisions thereof, for making the grants and
loans described in subsection (d).
(f) Loans.--
(1) Limitation on available amounts.--A loan under
subsection (d) for the cost of planning and obtaining
financing (including the cost of preliminary surveys and
analyses of market needs, preliminary site engineering and
architectural fees, site options, application and mortgage
commitment fees, legal fees, and construction loan fees and
discounts) of a project described in that subsection may be
for not more than 90 percent of that cost.
(2) Interest.--A loan under subsection (d) shall be made
without interest, except that a loan made to an eligible
entity established for profit shall bear interest at the
prevailing market rate authorized for an insured or
guaranteed loan for that type of project.
(3) Payment.--
(A) In general.--The Federal Cochair shall require payment
of a loan made under this
[[Page S4830]]
section under terms and conditions the Secretary may require
by not later than the date of completion of the project.
(B) Cancellation.--For a loan other than a loan to an
eligible entity established for profit, the Secretary may
cancel any part of the debt with respect to a loan made under
subsection (d) if the Secretary determines that a permanent
loan to finance the project cannot be obtained in an amount
adequate for repayment of a loan made under subsection (d).
(g) Grants.--
(1) In general.--A grant under this section for expenses
incidental to planning and obtaining financing for a project
described in this section that the Federal Cochair considers
unrecoverable from the proceeds of a permanent loan made to
finance the project--
(A) may not be made to an eligible entity established for
profit; and
(B) may not exceed 90 percent of those expenses.
(2) Site development costs and offsite improvements.--
(A) In general.--The Federal Cochair may make grants and
commitments for grants under terms and conditions the Federal
Cochair may require to eligible entities for reasonable site
development costs and necessary offsite improvements, such as
sewer and water line extensions, if the grant or commitment--
(i) is essential to ensuring that housing is constructed on
the site in the future; and
(ii) otherwise meets the requirements for assistance under
this section.
(B) Maximum amounts.--The amount of a grant under this
paragraph may not--
(i) with respect to the construction of housing, exceed 40
percent of the cost of the construction; and
(ii) with respect to the rehabilitation of housing, exceed
10 percent of the reasonable value of the rehabilitation, as
determined by the Federal Cochair.
(h) Information, Advice, and Technical Assistance.--The
Federal Cochair may provide, or contract with public or
private organizations to provide, information, advice, and
technical assistance with respect to the construction,
rehabilitation, and operation by nonprofit organizations of
housing for low-income or moderate-income households, or for
public employees, in rural Alaska villages under this
section.
SEC. 5215. DELTA REGIONAL AUTHORITY REAUTHORIZATION.
(a) Authorization of Appropriations.--Section 382M(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa-12(a)) is amended by striking ``$30,000,000 for each
of fiscal years 2019 through 2023'' and inserting
``$40,000,000 for each of fiscal years 2025 through 2029''.
(b) Termination of Authority.--Section 382N of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-
13) is repealed.
(c) Fees.--Section 382B(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009aa-1(e)) is amended--
(1) in paragraph (9)(C), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(11) collect fees for the Delta Doctors program of the
Authority and retain and expend those fees.''.
(d) Succession.--Section 382B(h)(5)(B) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa-1(h)(5)(B))
is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) assuming the duties of the Federal cochairperson
and the alternate Federal cochairperson for purposes of
continuation of normal operations in the event that both
positions are vacant; and''.
(e) Indian Tribes.--Section 382C(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa-2(a)) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
Indian Tribes,'' after ``States''; and
(2) in paragraph (1), by inserting ``, Tribal,'' after
``State''.
SEC. 5216. NORTHERN GREAT PLAINS REGIONAL AUTHORITY
REAUTHORIZATION.
(a) Authorization of Appropriations.--Section 383N(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009bb-12(a)) is amended by striking ``$30,000,000 for each
of fiscal years 2008 through 2018'' and inserting
``$40,000,000 for each of fiscal years 2025 through 2029''.
(b) Termination of Authority.--Section 383O of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-
13) is repealed.
______
SA 2500. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.
(a) Findings.--Section 3501(2) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130
Stat. 1771) is amended by inserting ``Maryland,'' after
``Delaware,''.
(b) Definitions of Basin and Basin State.--Section 3502 of
the Water Infrastructure Improvements for the Nation Act
(Public Law 114-322; 130 Stat. 1773) is amended--
(1) in paragraph (1)--
(A) by striking ``4-State'' and inserting ``5-State''; and
(B) by inserting ``Maryland,'' after ``Delaware,''; and
(2) in paragraph (2), by inserting ``Maryland,'' after
``Delaware,''.
(c) Cost Sharing.--Section 3504(c)(1) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322; 130 Stat. 1775) is amended--
(1) by striking ``The Federal share'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
the Federal share''; and
(2) by adding at the end the following:
``(B) Small, rural, and disadvantaged communities.--
``(i) In general.--Subject to clause (ii), the Federal
share of the cost of a project funded under the grant program
that serves a small, rural, or disadvantaged community shall
be 90 percent of the total cost of the project, as determined
by the Secretary.
``(ii) Waiver.--The Secretary may increase the Federal
share under clause (i) to 100 percent of the total cost of
the project if the Secretary determines that the grant
recipient is unable to pay, or would experience significant
financial hardship if required to pay, the non-Federal
share.''.
(d) Sunset.--Section 3507 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130
Stat. 1775) is amended by striking ``2023'' and inserting
``2030''.
______
SA 2501. Mr. CARPER (for himself and Ms. Warren) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ADMINISTRATION OF RISK-BASED SURVEYS TO CERTAIN
EDUCATIONAL INSTITUTIONS.
(a) Development Required.--The Secretary of Defense, acting
through the Voluntary Education Institutional Compliance
Program of the Department of Defense, shall develop a risk-
based survey for oversight of covered educational
institutions.
(b) Scope.--
(1) In general.--The scope of the risk-based survey
developed under subsection (a) shall be determined by the
Secretary.
(2) Specific elements.--At a minimum, the scope determined
under paragraph (1) shall include the following:
(A) Rapid increase or decrease in enrollment.
(B) Rapid increase in tuition and fees.
(C) Complaints tracked and published from students pursuing
programs of education, based on severity or volume of the
complaints.
(D) Student completion rates.
(E) Indicators of financial stability.
(F) Review of the advertising and recruiting practices of
the educational institution, including those by third-party
contractors of the educational institution.
(G) Matters for which the Federal Government or a State
government brings an action in a court of competent
jurisdiction against an educational institution, including
matters in cases in which the Federal Government or the State
comes to a settled agreement on such matters outside of the
court.
(c) Action or Event.--
(1) Suspension.--If, pursuant to a risk-based survey under
this section, the Secretary determines that an educational
institution has experienced an action or event described in
paragraph (2), the Secretary may suspend the participation of
the institution in Department of Defense programs for a
period of two years, or such other period as the Secretary
determines appropriate.
(2) Action or event described.--An action or event
described in this paragraph is any of the following:
(A) The receipt by an educational institution of payments
under the heightened cash monitoring level 2 payment method
pursuant to section 487(c)(1)(B) of the Higher Education Act
of 1965 (20 U.S.C. 1094).
(B) Punitive action taken by the Attorney General, the
Federal Trade Commission, or any other Federal department or
agency for misconduct or misleading marketing practices that
would violate the standards defined by the Secretary of
Veterans Affairs.
(C) Punitive action taken by a State against an educational
institution.
(D) The loss, or risk of loss, by an educational
institution of an accreditation from an accrediting agency or
association, including notice of probation, suspension, an
order to show cause relating to the educational institution's
academic policies and practices
[[Page S4831]]
or to its financial stability, or revocation of
accreditation.
(E) The placement of an educational institution on
provisional certification status by the Secretary of
Education.
(d) Database.--The Secretary shall establish a searchable
database or use an existing system, as the Secretary
considers appropriate, to serve as a central repository for
information required for or collected during site visits for
the risk-based survey developed under subsection (a), so as
to improve future oversight of educational institutions.
(e) Covered Educational Institution.--In this section, the
term ``covered educational institution'' means an educational
institution selected by the Secretary based on quantitative,
publicly available metrics indicating risk designed to
separate low-risk and high-risk institutions, to focus on
high-risk institutions.
______
SA 2502. Mr. CARPER (for himself and Mr. Peters) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM
STANDARDS PROGRAM OF THE DEPARTMENT OF HOMELAND
SECURITY.
Section 5 of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2014 (6 U.S.C. 621
note) is amended by striking ``July 27, 2023'' and inserting
``October 1, 2026''.
______
SA 2503. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. IMPROVING COORDINATION BETWEEN FEDERAL AND STATE
AGENCIES AND THE DO NOT PAY WORKING SYSTEM.
(a) In General.--Section 801(a) of title VIII of division
FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260) is amended by striking paragraph (7) and inserting
the following:
``(7) by adding at the end the following paragraph:
`` `(11) The Commissioner of Social Security shall, to the
extent feasible, provide information furnished to the
Commissioner under paragraph (1) to the agency operating the
Do Not Pay working system described in section 3354(c) of
title 31, United States Code, for the authorized uses of the
Do Not Pay working system through a cooperative arrangement
with such agency, provided that the requirements of
subparagraphs (A) and (B) of paragraph (3) are met with
respect to such arrangement with such agency.'.''.
(b) Conforming Amendment.--Section 801(b)(2) of title VIII
of division FF of the Consolidated Appropriations Act, 2021
(Public Law 116-260) is amended by striking ``on the date
that is 3 years after the date of enactment of this Act'' and
inserting ``on December 28, 2026''.
(c) Effective Date.--The amendments made by this section
shall take effect on December 28, 2026.
______
SA 2504. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. MEDICAL TESTING AND RELATED SERVICES FOR
FIREFIGHTERS OF DEPARTMENT OF DEFENSE.
(a) Provision of Services.--During the annual periodic
health assessment of each firefighter of the Department of
Defense, or at such other intervals as may be indicated in
subsection (b), the Secretary of Defense shall offer to the
firefighter (at no cost to the firefighter) appropriate
medical testing and related services to detect, document the
presence or absence of, and prevent, certain cancers.
(b) Criteria.--Services required to be offered under
subsection (a) shall meet, at a minimum, the following
criteria:
(1) Breast cancer.--With respect to breast cancer
screening, if the firefighter is a female firefighter--
(A) such services shall include the provision of a
mammogram to the firefighter--
(i) if the firefighter is 40 years old to 49 years old
(inclusive), not less frequently than twice each year;
(ii) if the firefighter is 50 years old or older, not less
frequently than annually; and
(iii) as clinically indicated (without regard to age); and
(B) in connection with the provision of a mammogram under
subparagraph (A), a licensed radiologist shall review the
most recent mammogram provided to the firefighter, as
compared to prior mammograms so provided, and provide to the
firefighter the results of such review.
(2) Colon cancer.--With respect to colon cancer screening--
(A) if the firefighter is 40 years old or older, or as
clinically indicated without regard to age, such services
shall include the communication to the firefighter of the
risks and benefits of stool-based blood testing;
(B) such services shall include the provision, at regular
intervals, of visual examinations (such as a colonoscopy, CT
colonoscopy, or flexible sigmoidoscopy) or stool-based blood
testing (such as high-sensitivity guaiac fecal occult blood
test (gFOBT), fecal immunochemical test (FIT), or multi-
targeted stool DNA test (mt-sDNA) for firefighters--
(i) who are 45 years old or older;
(ii) as clinically indicated; or
(iii) who are at increased risk of colon cancer, as
determined by the American Cancer Society, or successor
organization;
(C) in connection with the provision of a visual
examination or stool-based blood testing under subparagraph
(B), a licensed physician shall review and provide to the
firefighter the results of such examination or testing, as
the case may be.
(3) Prostate cancer.--With respect to prostate cancer
screening, if the firefighter is a male firefighter, such
services shall include the communication to the firefighter
of the risks and benefits of prostate cancer screenings, such
as the prostate-specific antigen test, to screen for prostate
cancer--
(A) not less frequently than annually if the firefighter--
(i) is 50 years old or older; or
(ii) is 40 years old or older and is at increased risk of
prostate cancer, as determined by the American Cancer
Society, or successor organization; and
(B) as clinically indicated (without regard to age).
(4) Other cancers.--Such services shall include routine
screenings for any other cancer the risk or occurrence of
which the Director of the Centers for Disease Control and
Prevention has identified as higher among firefighters than
among the general public, the provision of which shall be
carried out during the annual periodic health assessment of
the firefighter.
(c) Optional Nature.--A firefighter of the Department of
Defense may opt out of the receipt of medical testing or a
related service provided under subsection (a).
(d) Use of Consensus Technical Standards.--In providing
medical testing and related services under subsection (a),
the Secretary shall use consensus technical standards in
accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (Public Law 104-113; 15
U.S.C. 272 note).
(e) Documentation.--
(1) In general.--In providing medical testing and related
services under subsection (a), the Secretary--
(A) shall document the acceptance rates of such tests
offered and the rates of such tests performed;
(B) shall document tests results to identify trends in the
rates of cancer occurrences among firefighters; and
(C) may collect and maintain additional information from
the recipients of such tests and other services to allow for
appropriate scientific analysis.
(2) Privacy.--In analyzing any information of an individual
documented, collected, or maintained under paragraph (1), in
addition to complying with other applicable privacy laws, the
Secretary shall ensure the name and any other personally
identifiable information of the individual is removed from
such information prior to the analysis.
(3) Sharing with centers for disease control and
prevention.--The Secretary may share data from any tests
performed under subsection (a) with the Director of the
Centers for Disease Control and Prevention, as appropriate,
to increase the knowledge and understanding of cancer
occurrences among firefighters.
(f) Firefighter Defined.--In this section, the term
``firefighter'' means someone whose primary job or military
occupational specialty is being a firefighter.
______
SA 2505. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. RECYCLING AND COMPOSTING ACCOUNTABILITY.
(a) Definitions.--
(1) In general.--In this section:
[[Page S4832]]
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(B) Circular market.--The term ``circular market'' means a
market that utilizes industrial processes and economic
activities to enable post-industrial and post-consumer
materials used in those processes and activities to maintain
their highest values for as long as possible.
(C) Compost.--The term ``compost'' means a product that--
(i) is manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(ii) has been subjected to medium and high temperature
organisms, which--
(I) significantly reduce the viability of pathogens and
weed seeds; and
(II) stabilize carbon in the product such that the product
is beneficial to plant growth; and
(iii) is typically used as a soil amendment, but may also
contribute plant nutrients.
(D) Compostable material.--The term ``compostable
material'' means material that is a feedstock for creating
compost, including--
(i) wood;
(ii) agricultural crops;
(iii) paper;
(iv) certified compostable products associated with organic
waste;
(v) other organic plant material;
(vi) marine products;
(vii) organic waste, including food waste and yard waste;
and
(viii) such other material that is composed of biomass that
can be continually replenished or renewed, as determined by
the Administrator.
(E) Composting facility.--The term ``composting facility''
means a location, structure, or device that transforms
compostable materials into compost.
(F) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(G) Materials recovery facility.--
(i) In general.--The term ``materials recovery facility''
means a dedicated facility where primarily residential
recyclable materials, which are diverted from disposal by the
generator and collected separately from municipal solid
waste, are mechanically or manually sorted into commodities
for further processing into specification-grade commodities
for sale to end users.
(ii) Exclusion.--The term ``materials recovery facility''
does not include a solid waste management facility that may
process municipal solid waste to remove recyclable materials.
(H) Recyclable material.--The term ``recyclable material''
means a material that is obsolete, previously used, off-
specification, surplus, or incidentally produced for
processing into a specification-grade commodity for which a
circular market currently exists or is being developed.
(I) Recycling.--The term ``recycling'' means the series of
activities--
(i) during which recyclable materials are processed into
specification-grade commodities, and consumed as raw-material
feedstock, in lieu of virgin materials, in the manufacturing
of new products;
(ii) that may include sorting, collection, processing, and
brokering; and
(iii) that result in subsequent consumption by a materials
manufacturer, including for the manufacturing of new
products.
(J) State.--The term ``State'' has the meaning given the
term in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903).
(2) Definition of processing.--In subparagraphs (G), (H),
and (I) of paragraph (1), the term ``processing'' means any
mechanical, manual, or other method that--
(A) transforms a recyclable material into a specification-
grade commodity; and
(B) may occur in multiple steps, with different steps,
including sorting, occurring at different locations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) recycling and composting conserve resources, protect
the environment, and are important to the United States
economy;
(2) the United States recycling and composting
infrastructure encompass each of the entities that collect,
process, broker, and consume recyclable materials and
compostable materials sourced from commercial, industrial,
institutional, and residential sources;
(3) the residential segment of the United States recycling
and composting infrastructure is facing challenges from--
(A) confusion over what materials are recyclable materials
or compostable materials;
(B) reduced export markets;
(C) growing, but still limited, domestic end markets; and
(D) an ever-changing and heterogeneous supply stream;
(4) in some areas, recycling and composting infrastructure
is in need of revitalization; and
(5) in an effort to address those challenges, the United
States must use a combination of tactics to improve recycling
and composting in the United States.
(c) Report on Composting Infrastructure Capabilities.--The
Administrator, in consultation with States, units of local
government, and Indian Tribes, shall--
(1) prepare a report, or expand work under the National
Recycling Strategy to include data, describing the capability
of the United States to implement a national composting
strategy for compostable materials for the purposes of
reducing contamination rates for recycling, including--
(A) an evaluation of existing Federal, State, and local
laws that may present barriers to implementation of a
national composting strategy;
(B)(i) an evaluation of existing composting programs of
States, units of local government, and Indian Tribes; and
(ii) a description of best practices based on those
programs;
(C) an evaluation of existing composting infrastructure in
States, units of local government, and Indian Tribes for the
purposes of estimating cost and approximate land needed to
expand composting programs; and
(D) a study of the practices of manufacturers and companies
that are moving to using compostable packaging and food
service ware for the purpose of making the composting process
the end-of-life use of those products; and
(2) not later than 2 years after the date of enactment of
this Act, submit the report prepared under paragraph (1) to
Congress.
(d) Report on Federal Agency Recycling Practices.--Not
later than 2 years after the date of enactment of this Act,
and every 2 years thereafter until 2033, the Comptroller
General of the United States, in consultation with the
Administrator, shall make publicly available a report
describing--
(1) the total annual recycling and composting rates
reported by all Federal agencies;
(2) the total annual percentage of products containing
recyclable material, compostable material, or recovered
materials purchased by all Federal agencies, including--
(A) the total quantity of procured products containing
recyclable material or recovered materials listed in the
comprehensive procurement guidelines published under section
6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6962(e));
and
(B) the total quantity of compostable material purchased;
(3) recommendations for updating--
(A) the comprehensive procurement guidelines published
under section 6002(e) of the Solid Waste Disposal Act (42
U.S.C. 6962(e)); and
(B) the environmentally preferable purchasing program
established under section 6604(b)(11) of the Pollution
Prevention Act of 1990 (42 U.S.C. 13103(b)(11)); and
(4) the activities of each Federal agency that promote
recycling or composting.
(e) Improving Data and Reporting.--
(1) Inventory of materials recovery facilities.--Not later
than 1 year after the date of enactment of this Act, and
biannually thereafter, the Administrator, in consultation
with States, units of local government, and Indian Tribes,
shall--
(A) prepare an inventory of public and private materials
recovery facilities in the United States, including--
(i) the number of materials recovery facilities in each
unit of local government in each State; and
(ii) a description of the materials that each materials
recovery facility can process, including--
(I) in the case of plastic, a description of--
(aa) the types of accepted resin, if applicable; and
(bb) the packaging or product format, such as a jug, a
carton, or film;
(II) food packaging and service ware, such as a bottle,
cutlery, or a cup;
(III) paper;
(IV) aluminum, such as an aluminum beverage can, food can,
aerosol can, or foil;
(V) steel, such as a steel food or aerosol can;
(VI) other scrap metal;
(VII) glass; or
(VIII) any other material not described in any of
subclauses (I) through (VII) that a materials recovery
facility can process; and
(B) submit the inventory prepared under subparagraph (A) to
Congress.
(2) Establishment of a comprehensive baseline of data for
the united states recycling system.--The Administrator, in
consultation with States, units of local government, and
Indian Tribes, shall determine, with respect to the United
States--
(A) the number of community curbside recycling and
composting programs;
(B) the number of community drop-off recycling and
composting programs;
(C) the types and forms of materials accepted by each
community curbside recycling, drop-off recycling, or
composting program;
(D) the number of individuals with access to recycling and
composting services to at least the extent of access to
disposal services;
(E) the number of individuals with barriers to accessing
recycling and composting services to at least the extent of
access to disposal services;
(F) the inbound contamination and capture rates of
community curbside recycling, drop-off recycling, or
composting programs;
(G) where applicable, other available recycling or
composting programs within a community, including store drop-
offs; and
(H) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and
composting programs.
(3) Standardization of recycling reporting rates.--
(A) Collection of rates.--
[[Page S4833]]
(i) In general.--The Administrator may use amounts made
available under subsection (h) to biannually collect from
each State the nationally standardized rate of recyclable
materials in that State that have been successfully diverted
from the waste stream and brought to a materials recovery
facility or composting facility.
(ii) Confidential or proprietary business information.--
Information collected under clause (i) shall not include any
confidential or proprietary business information, as
determined by the Administrator.
(B) Use.--Using amounts made available under subsection
(h), the Administrator may use the rates collected under
subparagraph (A) to further assist States, units of local
government, and Indian Tribes--
(i) to reduce the overall waste produced by the States and
units of local government; and
(ii) to increase recycling and composting rates.
(4) Report on end markets.--
(A) In general.--The Administrator, in consultation with
States, units of local government, and Indian Tribes, shall--
(i) provide an update to the report submitted under section
306 of the Save Our Seas 2.0 Act (Public Law 116-224; 134
Stat. 1096) to include an addendum on the end-market sale of
all recyclable materials, in addition to recycled plastics as
described in that section, from materials recovery facilities
that process recyclable materials collected from households
and publicly available recyclable materials drop-off centers,
including--
(I) the total, in dollars per ton, domestic sales of bales
of recyclable materials; and
(II) the total, in dollars per ton, international sales of
bales of recyclable materials;
(ii) prepare a report on the end-market sale of compost
from all compostable materials collected from households and
publicly available compost drop-off centers, including the
total, in dollars per ton, of domestic sales of compostable
materials; and
(iii) not later than 2 years after the date of enactment of
this Act, submit to Congress the update to the report
prepared under clause (i) and the report prepared under
clause (ii).
(B) Confidential or proprietary business information.--
Information collected under clauses (i) and (ii) of
subparagraph (A) shall not include any confidential or
proprietary business information, as determined by the
Administrator.
(f) Study on the Diversion of Recyclable Materials From a
Circular Market.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a
metric for determining the proportion of recyclable materials
in commercial and municipal waste streams that are being
diverted from a circular market.
(2) Study; report.--Not later than 1 year after the
development of a metric under paragraph (1), the
Administrator shall conduct a study of, and submit to
Congress a report on, the proportion of recyclable materials
in commercial and municipal waste streams that, during each
of the 10 calendar years preceding the year of submission of
the report, were diverted from a circular market.
(3) Data.--The report under paragraph (2) shall provide
data on specific recyclable materials, including aluminum,
plastics, paper and paperboard, textiles, and glass, that
were prevented from remaining in a circular market through
disposal or elimination, and to what use those specific
recyclable materials were lost.
(4) Evaluation.--The report under paragraph (2) shall
include an evaluation of whether the establishment or
improvement of recycling programs would--
(A) improve recycling rates; or
(B) reduce the quantity of recyclable materials being
unutilized in a circular market.
(g) Voluntary Guidelines.--The Administrator shall--
(1) in consultation with States, units of local government,
and Indian Tribes, develop, based on the results of the
studies, reports, inventory, and data determined under
subsections (c) through (f), and provide to States, units of
local government, and Indian Tribes, through the Model
Recycling Program Toolkit or a similar resource, best
practices that the States, units of local government, and
Indian Tribes may use to enhance recycling and composting,
including--
(A) labeling techniques for containers of waste,
compostable materials, and recycling, with the goal of
creating consistent, readily available, and understandable
labeling across jurisdictions;
(B) pamphlets or other literature readily available to
constituents;
(C) primary and secondary school educational resources on
recycling;
(D) web and media-based campaigns; and
(E) guidance for the labeling of recyclable materials and
compostable materials that minimizes contamination and
diversion of those materials from waste streams toward
recycling and composting systems; and
(2) not later than 2 years after the date of enactment of
this Act, submit to Congress a report describing the best
practices developed under paragraph (1).
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $4,000,000 for each of fiscal years 2025 through
2029.
______
SA 2506. Mr. KELLY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle K of title V, insert the following:
SEC. 599C. CRIMINAL PENALTY FOR VIOLATIONS OF PROHIBITION ON
FORMER MEMBERS OF THE ARMED FORCES ACCEPTING
EMPLOYMENT WITH CERTAIN FOREIGN GOVERNMENTS.
(a) Findings.--Congress makes the following findings:
(1) Members of the Armed Forces gain skills, knowledge, and
training through their service that are integral to the
mission of the United States military.
(2) The specialized skillsets gained through service in the
United States Armed Forces are the product of unique United
States Government training.
(3) Public reports have revealed the People's Republic of
China has employed, or contracted through intermediaries,
former United States military personnel and former military
personnel of countries that are allies of the United States
to train Chinese military personnel on specialized skills.
(4) The closest allies of the United States, including the
United Kingdom, Australia, and New Zealand, are taking steps
to stop their former military personnel from training the
armed forces of foreign adversaries, including instituting
policy and legal reviews and consideration of criminal
penalties to prevent that type of post-military service
activity.
(5) Allowing individuals to be employed or engaged in the
provision of training to foreign adversaries in specialized
skillsets gained through service in the United States Armed
Forces poses a significant risk for exploitation by foreign
adversaries against United States interests.
(b) Sense of Congress.--It is the sense of Congress that it
is in the national security interests of the United States
that former members of the Armed Forces be prohibited from
taking employment or holding positions that provide
substantial support to the military of a foreign government
that is an adversary of the United States, such as the
Government of the People's Republic of China or the
Government of the Russian Federation, to prevent the
exploitation of specialized United States military
competencies and capabilities by those governments.
(c) Criminal Penalty.--
(1) In general.--Section 207 of title 18, United States
Code, is amended by adding at the end the following new
subsection:
``(m) Prohibition on Former Members of the Armed Forces
Accepting Post-service Employment With Certain Foreign
Governments.--
``(1) In general.--A covered individual who violates the
prohibition under section 989(a) of title 10 by knowingly and
willfully occupying a covered post-service position shall be
punished as provided in section 216(a)(2) of this title.
``(2) Proof of state of mind.--In prosecution under
paragraph (1), the Government is required to prove that the
defendant knew that the entity with which the defendant
occupied a covered post-service position was providing advice
or services relating to national security, intelligence,
military, or internal security to a government described in
section 989(h)(2)(A) of title 10.
``(3) Jurisdiction.--An offense under paragraph (1) shall
be subject to extraterritorial Federal jurisdiction.
``(4) Definitions.--In this subsection, the terms `covered
individual' and `covered post-service position' have the
meanings given those terms in section 989 of title 10.''.
(2) Applicability.--Subsection (m) of section 207 of title
18, United States Code, as added by paragraph (1), applies
with respect to a violation described in that subsection that
occurs, in whole or in part, after December 31, 2024.
(d) Amendments to Section 989 of Title 10.--
(1) Notice.--Subsection (c)(1) of section 989 of title 10,
United States Code, is amended by inserting ``, including
violations punishable under section 207(m) of title 18''
after ``violations of the prohibition''.
(2) Referrals for prosecution.--Subsection (d) of such
section is amended--
(A) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) refer the case to the Attorney General for
prosecution under section 207(m) of title 18.''.
______
SA 2507. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal
[[Page S4834]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title III, add the following:
SEC. 358. LIMITATION ON USE OF AMOUNTS RELATING TO RENEWABLE
ELECTRIC VEHICLE CHARGING STATIONS.
The amounts authorized to be appropriated to the Secretary
of the Army under line 38 of section 4201 relating to
renewable electric vehicle charging stations may not be made
available to the Secretary unless the Secretary--
(1) certifies to Congress that there is a national security
reason for each such station; or
(2) the commander of the installation at which the station
will be installed, or other official with authority over such
station, certifies to Congress that there is no additional
military construction funding needed for the installation
during the five-year period following the certification to
ensure mission readiness and quality of life for military
families.
______
SA 2508. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, add the
following:
SEC. ____. PROHIBITION ON ALLOWANCE OF ADVANCED MANUFACTURING
PRODUCTION CREDIT FOR ELIGIBLE COMPONENTS
PRODUCED BY COMPANIES ASSOCIATED WITH FOREIGN
ADVERSARIES.
(a) In General.--Section 45X of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(e) Prohibition on Allowance of Credit for Eligible
Components Produced by Companies Associated With Foreign
Adversaries.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to any eligible component which
is produced by a disqualified entity.
``(2) Disqualified entity.--
``(A) In general.--For purposes of this subsection, the
term `disqualified entity' means any entity described in
subparagraphs (B) through (D).
``(B) Foreign adversary parties.--The entities described in
this subparagraph consist of the following:
``(i) The government of a foreign adversary, any agency or
government instrumentality of a foreign adversary, or any
entity which is directly or indirectly owned, controlled, or
directed by any such government, agency, or government
instrumentality.
``(ii) Any entity organized under the laws of a foreign
adversary (or any political subdivision thereof) or whose
headquarters is located within a foreign adversary.
``(C) Owned, controlled, directed, or influenced by foreign
adversary parties.--The entities described in this
subparagraph consist of the following:
``(i) Any entity for which, on any date during the taxable
year, not less than 10 percent of the outstanding equity
interests (by value, voting, governance, board appointment,
or similar rights or influence) are held directly or
indirectly by, or on behalf of, 1 or more of the entities
described in subparagraph (B), including through interests in
co-investment vehicles, joint ventures, or similar
arrangements.
``(ii) Any entity which is directly or indirectly
controlled, directed, or materially influenced by any entity
described in subparagraph (B).
``(iii) Any entity for which the actions, management,
ownership, or operations of such entity are subject to the
direct influence of an entity described in subparagraph (B).
``(iv) Any entity for which an interest in such entity is
held by an entity described in subparagraph (B) (referred to
in this clause as the `beneficiary firm') as a derivative
financial instrument or through a contractual arrangement
between the beneficiary firm and such entity, including any
financial instrument or other contract between the
beneficiary firm and the entity which seeks to replicate any
financial return with respect to such entity or interest in
such entity.
``(D) Debt or other arrangements with foreign adversary
parties.--
``(i) In general.--An entity is described in this
subparagraph if, as a result of any prohibited obligation or
arrangement--
``(I) the actions, management, or operations of such entity
are subject to the direct or indirect influence of 1 or more
entities described in subparagraph (B) or (C), or
``(II) such entity provides a substantial benefit to 1 or
more entities described in subparagraph (B) or (C).
``(ii) Prohibited obligation or arrangement.--For purposes
of this subparagraph, the term `prohibited obligation or
arrangement' means any--
``(I) debt,
``(II) lease or sublease arrangement,
``(III) management or operating arrangement,
``(IV) contract manufacturing arrangement,
``(V) license or sublicense agreement, or
``(VI) financial derivative.
``(iii) Exception.--For purposes of clause (i)(II), the
purchase of equipment or manufacturing inputs in an arm's-
length transaction shall not, in and of itself, be deemed to
provide a substantial benefit.
``(E) Other definitions.--For purposes of this paragraph--
``(i) Control.--The term `control' has the meaning given in
section 800.208 of title 31, Code of Federal Regulations (as
in effect on the date of enactment of this subsection).
``(ii) Foreign adversary.--The term `foreign adversary' has
the meaning given the term `covered nation' in section
4872(d)(2) of title 10, United States Code.
``(3) Administration.--The Secretary may issue such
guidance as is necessary to carry out the purposes of this
subsection, including establishment of rules for--
``(A) implementation of paragraph (2)(C)(i) for
determination of whether the percentage requirements with
respect to outstanding equity interests have been satisfied
in the case of an entity for which the stock of such entity
is traded on an established securities market in the United
States or any foreign country, and
``(B) preventing entities from evading, circumventing, or
abusing the application of the requirements under this
subsection.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after the date of
enactment of this Act.
______
SA 2509. Mr. RUBIO (for himself, Mr. Warner, Mr. Hickenlooper, Mr.
Cassidy, Mr. Coons, Mr. King, Mr. Tillis, and Mr. Kelly) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--GLOBAL STRATEGY FOR SECURING CRITICAL MINERALS ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Global Strategy for
Securing Critical Minerals Act of 2024''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Energy and Natural Resources, the Committee on Commerce,
Science, and Transportation, the Committee on Foreign
Relations, the Committee on Armed Services, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Homeland Security and Governmental
Affairs, and the Committee on Finance of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on
Appropriations, the Committee on Financial Services, the
Committee on Homeland Security, and the Committee on Ways and
Means of the House of Representatives.
(2) Critical material.--The term ``critical material''
means a strategic or critical material, including a rare
earth element, that is necessary to meet national defense or
national security requirements, including requirements
relating to supply chain resiliency, or for the economic
security of the United States.
(3) Foreign entity.--
(A) In general.--The term ``foreign entity'' means--
(i) a government of a foreign country;
(ii) a foreign political party;
(iii) an individual who is not--
(I) a citizen or national of the United States;
(II) an alien lawfully admitted for permanent residence to
the United States; or
(III) any other protected individual (as defined in section
274B(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324b(a)(3))); and
(iv) a partnership, association, corporation, organization,
or other combination of entities organized under the laws of
or having its principal place of business in a foreign
country.
(B) Inclusions.--The term ``foreign entity'' includes--
(i) any person owned by, controlled by, or subject to the
jurisdiction or direction of an entity described in
subparagraph (A);
(ii) any person, wherever located, who acts as an agent,
representative, or employee of an entity described in
subparagraph (A);
(iii) any person who acts in any other capacity at the
order, request, or under the influence, direction, or
control, of--
(I) an entity described in subparagraph (A); or
(II) a person the activities of which are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in
[[Page S4835]]
majority part by an entity described in subparagraph (A);
(iv) any person who directly or indirectly through any
contract, arrangement, understanding, relationship, or
otherwise, owns 25 percent or more of the equity interests of
an entity described in subparagraph (A);
(v) any person with significant responsibility to control,
manage, or direct an entity described in subparagraph (A);
(vi) any person, wherever located, who is a citizen or
resident of a country controlled by an entity described in
subparagraph (A); and
(vii) any corporation, partnership, association, or other
organization organized under the laws of a country controlled
by an entity described in subparagraph (A).
(4) Foreign entity of concern.--
(A) In general.--The term ``foreign entity of concern''
means any foreign entity that is--
(i) designated as a foreign terrorist organization by the
Secretary of State under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(ii) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury;
(iii) owned by, controlled by, or subject to the
jurisdiction, direction, or otherwise under the undue
influence of a government of a covered nation (as defined in
section 4872(d) of title 10, United States Code);
(iv) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(I) chapter 37 of title 18, United States Code (commonly
known as the ``Espionage Act'');
(II) section 951 or 1030 of title 18, United States Code;
(III) chapter 90 of title 18, United States Code (commonly
known as the ``Economic Espionage Act of 1996'');
(IV) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(V) section 224, 225, 226, 227, or 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
(VI) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(VII) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(v) determined by the Secretary, in consultation with the
Secretary of Defense and the Director of National
Intelligence, to be engaged in unauthorized conduct that is
detrimental to the national security or foreign policy of the
United States under this division.
(B) Exclusion.--The term ``foreign entity of concern'' does
not include any entity with respect to which 1 or more
foreign entities described in subparagraph (A) owns less than
10 percent of the equity interest.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in this division
of the National Security Act of 1947 (50 U.S.C. 3003).
(6) Metallurgy.--The term ``metallurgy'' means the process
of producing finished critical material products from
critical materials.
(7) Person.--The term ``person'' includes an individual,
partnership, association, corporation, organization, or any
other combination of individuals.
(8) United states entity.--The term ``United States
entity'' means an entity organized under the laws of the
United States or any jurisdiction within the United States.
TITLE L--ENHANCING UNITED STATES DIPLOMATIC SUPPORT OF CRITICAL
MATERIAL PROJECTS
SEC. 5101. STREAMLINING DIPLOMATIC EFFORTS RELATING TO
CRITICAL MATERIALS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall submit to the appropriate committees of
Congress a report outlining United States offices and
positions responsible for securing the supply chains of a
diverse set of critical materials.
(b) Elements.--The report required by subsection (a)
shall--
(1) review the roles and responsibilities of offices and
positions within the Department of State engaged, as of the
date of the enactment of this Act, in efforts to secure
critical material supply chains and develop processes to
ensure that those offices coordinate and deconflict such
efforts; and
(2) describe how those offices in the Department of State
are responsible for coordinating with other elements of the
United States Government, the intelligence community, the
private sector, and countries that are allies and partners of
the United States.
(c) Briefing Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall brief
the appropriate committees of Congress on the report required
by subsection (a).
SEC. 5102. CODIFYING THE PARTNERSHIP FOR GLOBAL
INFRASTRUCTURE AND INVESTMENT.
The Secretary of State shall seek to establish the
Partnership for Global Infrastructure and Investment to
coordinate the efforts of the United States Government in
priority infrastructure sectors, including energy and
biological supply chains, to ensure there is a whole-of-
government approach to securing supply chain inputs,
technologies, and infrastructure investments.
SEC. 5103. ESTABLISHMENT OF DIPLOMATIC TOOL TO SUPPORT UNITED
STATES PRIVATE SECTOR CRITICAL MATERIAL
PROJECTS ABROAD.
The Secretary of State shall identify an appropriate
official or office of the Department of State to establish a
mechanism and process for certifying if critical material
projects carried out by United States entities have the
support of the United States Government, which--
(1) may include using the Blue Dot Network or another
mechanism in existence as of the date of the enactment of
this Act, as appropriate; and
(2) shall include a process for ensuring that United States
entities can engage with United States embassies in foreign
countries to utilize the mechanism and process to secure
support for pursing critical material projects in such
countries.
TITLE LI--INCREASING FINANCIAL TOOLS TO SUPPORT ONSHORING OF CRITICAL
MATERIALS
SEC. 5201. SUPPORT FOR CRITICAL MATERIALS PROJECTS BY UNITED
STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION.
Section 1412 of the Better Utilization of Investments
Leading to Development Act of 2018 (22 U.S.C. 9612) is
amended--
(1) in subsection (b)--
(A) by striking ``The purpose'' and inserting the
following:
``(1) In general.--The purpose'';
(B) by striking ``shall be to'' and inserting the
following: ``shall be--
``(A) to'';
(C) by striking ``the United States.'' and inserting the
following: ``the United States; and
``(B) to provide support under title II in high-income
economy countries for projects involving development,
processing, or recycling of critical materials if such
support furthers the national security interests of the
United States.'';
(D) by striking ``In carrying out'' and inserting the
following:
``(2) Consideration of certain criteria.--In carrying
out''; and
(E) by adding at the end the following:
``(3) Definitions.--For the purposes of paragraph (1)(B):
``(A) Critical material.--The term `critical material' has
the meaning given that term in section 2 of the Global
Strategy for Securing Critical Minerals Act of 2024.
``(B) High-income economy country.--The term `high-income
economy country' means a country with a high-income economy,
as defined by the International Bank for Reconstruction and
Development and the International Development Association
(collectively referred to as the `World Bank').''; and
(2) in subsection (c), by adding at the end the following:
``(3) Support for freely associated states.--
Notwithstanding the income classification of the country with
which the geopolitical entity is associated, the Corporation
may provide support under title II to a geopolitical entity
that is included, as of the date on which the support is
provided, on the list of dependencies and areas of special
sovereignty prepared by the Department of State.''.
SEC. 5202. AUTHORIZATION OF SUPPORT FOR CRITICAL MATERIAL
PROJECTS FOR WHICH OFFTAKE IS PURCHASED BY A
UNITED STATES ENTITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allies of the United States, such as Japan, South
Korea, and European countries, provide financial support for
the importation of commodities essential for national
security; and
(2) given the locations of critical materials and the lack
of existing mining, processing, refining, or recycling
facilities for those materials, the United States must ensure
that United States entities can compete for the offtake of
critical materials in projects being carried out abroad,
whether or not the project is operated by a United States
entity.
(b) Strategy Required.--
(1) In general.--The President of the Export-Import Bank of
the United States shall develop a strategy for the issuance
of guaranties, insurance, or extensions of credit, or the
participation in the extension of credit, in connection with
a project carried out outside the United States if the
offtake of the project is critical for a United States
entity.
(2) Outreach.--In developing the strategy required by
paragraph (1), the President of the Bank shall conduct
outreach to United States entities, including automotive
companies, to ensure that the United States private sector
can adequately compete to secure critical material supply
chains abroad, including in the production of batteries
necessary for the electric grid, transportation, and weapons
and other defenses in the United States.
SEC. 5203. INCLUSION OF CRITICAL MATERIALS IN PROGRAM ON
CHINA AND TRANSFORMATIONAL EXPORTS.
Section 2(l)(1)(B) of the Export-Import Bank Act of 1945
(12 U.S.C. 635(l)(1)(B)) is amended--
(1) by redesignating clause (xi) as clause (xii); and
(2) by inserting after clause (x) the following:
``(xi) Critical materials (as defined in section 2 of the
Global Strategy for Securing
[[Page S4836]]
Critical Minerals Act of 2024) and permanent magnets.''.
SEC. 5204. CRITICAL MATERIAL METALLURGY FINANCING.
(a) Financial Assistance Program.--
(1) In general.--The Secretary of Energy shall establish in
the Department of Energy a program to provide Federal
financial assistance to covered entities to incentivize
investment in covered facilities, subject to the availability
of appropriations for that purpose.
(2) Procedure.--
(A) In general.--A covered entity seeking financial
assistance under this subsection shall submit to the
Secretary an application that describes the project for which
the covered entity is seeking financial assistance.
(B) Eligibility.--In order for a covered entity to qualify
for financial assistance under this subsection, the covered
entity shall demonstrate to the Secretary, in the application
submitted by the covered entity under subparagraph (A),
that--
(i) the covered entity has a documented interest in--
(I) constructing a covered facility; or
(II) expanding or technologically upgrading a facility
owned by the covered entity to be a covered facility; and
(ii) with respect to the project for which the covered
entity is seeking financial assistance, the covered entity
has--
(I) been offered a covered incentive;
(II) made commitments to worker and community investment,
including through--
(aa) training and education benefits paid by the covered
entity; and
(bb) programs to expand employment opportunity for
economically disadvantaged individuals;
(III) secured commitments from regional educational and
training entities and institutions of higher education to
provide workforce training, including programming for
training and job placement of economically disadvantaged
individuals; and
(IV) an executable plan to sustain a covered facility
without additional Federal financial assistance under this
subsection for facility support.
(C) Application review.--
(i) In general.--The Secretary may not approve an
application submitted by a covered entity under subparagraph
(A)--
(I) unless the Secretary--
(aa) confirms that the covered entity has satisfied the
eligibility criteria under subparagraph (B);
(bb) determines that the project for which the covered
entity is seeking financial assistance is in the interest of
the United States; and
(cc) has notified the appropriate committees of Congress
not later than 15 days before making any commitment to
provide an award of financial assistance to any covered
entity in an amount that exceeds $10,000,000; or
(II) if the Secretary determines, in consultation with the
Director of National Intelligence, that the covered entity is
a foreign entity of concern.
(ii) Consideration.--In reviewing an application submitted
by a covered entity under subparagraph (A), the Secretary may
consider whether--
(I) the covered entity has previously received financial
assistance under this subsection;
(II) the governmental entity offering the applicable
covered incentive has benefitted from financial assistance
previously provided under this subsection;
(III) the covered entity has demonstrated that the covered
entity is responsive to the national security needs or
requirements established by the intelligence community (or an
agency thereof), the National Nuclear Security
Administration, or the Department of Defense;
(IV) if practicable, a consortium that is considered a
covered entity includes a small business concern (as defined
under this division of the Small Business Act (15 U.S.C.
632)), notwithstanding section 121.103 of title 13, Code of
Federal Regulations (or successor regulations); and
(V) the covered entity intends to produce finished products
for use by the Department of Defense, the defense industry of
the United States, or critical energy infrastructure.
(iii) Prioritization.--To the maximum extent practicable,
the Secretary shall prioritize awarding financial assistance
under this subsection to a covered entity that intends to
make finished products available for use by the Department of
Defense, the defense industry of the United States, or
critical energy infrastructure.
(D) Records.--
(i) In general.--The Secretary may request records and
information from a covered entity that submitted an
application under subparagraph (A) to review the status of a
covered entity.
(ii) Requirement.--As a condition of receiving assistance
under this subsection, a covered entity shall provide the
records and information requested by the Secretary under
clause (i).
(3) Amount.--
(A) In general.--The Secretary shall determine the
appropriate amount and funding type for each financial
assistance award provided to a covered entity under this
subsection.
(B) Cost-sharing requirement.--The total amount of
financial assistance that may be guaranteed by the Secretary
under this subsection shall be not more than 100 percent of
the private capital investment available to a covered entity
for any individual project.
(C) Minimum investment.--The total Federal investment in
any individual project receiving a financial assistance award
under this subsection shall be not less than $20,000,000.
(D) Larger investment.--The total Federal investment in any
individual project receiving a financial assistance award
under this subsection shall not exceed $500,000,000, unless
the Secretary, in consultation with the Secretary of Defense
and the Director of National Intelligence, recommends to the
President, and the President certifies and reports to the
appropriate committees of Congress, that a larger investment
is necessary--
(i) to significantly increase the proportion of reliable
domestic supply of finished critical material products
relevant for national security and economic competitiveness
that can be met through domestic production; and
(ii) to meet the needs of national security.
(4) Use of funds.--A covered entity that receives a
financial assistance award under this subsection may only use
the financial assistance award amounts--
(A) to finance the construction of a covered facility
(including equipment) or the expansion or technological
upgrade of a facility (including equipment) of the covered
entity to be a covered facility, as documented in the
application submitted by the covered entity under paragraph
(2)(A), as determined necessary by the Secretary for purposes
relating to the national security and economic
competitiveness of the United States;
(B) to support workforce development for a covered
facility; and
(C) to support site development and technological upgrade
for a covered facility.
(5) Clawback.--
(A) Major awards.--
(i) In general.--For all financial assistance awards
provided to covered entities under this subsection, the
Secretary shall, at the time of making the award, determine
the target dates by which a covered entity shall commence and
complete the applicable project.
(ii) Progressive recovery for delays.--If the covered
entity receiving a financial assistance award under this
subsection does not complete the applicable project by the
applicable target date determined under clause (i), the
Secretary shall progressively recover up to the full amount
of the award.
(iii) Waiver.--In the case of projects that do not meet the
applicable target date determined under clause (i), the
Secretary may waive the requirement to recover the financial
award provided for the project under clause (ii) after making
a formal determination that circumstances beyond the ability
of the covered entity to foresee or control are responsible
for the delay.
(iv) Congressional notification.--
(I) In general.--Not later than 15 days after making a
determination to recover an award under clause (ii), the
Secretary shall notify the appropriate committees of Congress
of the intent of the Secretary to recover the award.
(II) Waivers.--Not later than 15 days after the date on
which the Secretary provides a waiver under clause (iii), the
Secretary shall notify the appropriate committees of Congress
of the waiver.
(B) Joint research, technology licensing, and intellectual
property reporting.--
(i) In general.--Before entering into an agreement with a
foreign entity to conduct joint research or technology
licensing, or to share intellectual property, a covered
entity that has received a financial assistance award under
this subsection--
(I) shall notify the Secretary of the intent to enter into
such an agreement; and
(II) may only enter into such an agreement if the Secretary
determines the foreign entity is not a foreign entity of
concern.
(ii) Determination.--On receiving a notification under
clause (i), the Secretary, in consultation with the Director
of National Intelligence, the Director of the National
Counterintelligence and Security Center, and the Director of
the Federal Bureau of Investigation, shall make a
determination of whether the applicable foreign entity is a
foreign entity of concern.
(iii) Technology clawback.--The Secretary shall recover the
full amount of a financial assistance award provided to a
covered entity under this subsection if, during the
applicable term of the award, the covered entity knowingly
engages in any joint research, technology licensing,
intellectual property sharing effort, or joint venture with a
foreign entity of concern that relates to a technology or
product that raises national security concerns, as determined
by the Secretary, in consultation with the Director of
National Intelligence, the Director of the National
Counterintelligence and Security Center, and the Director of
the Federal Bureau of Investigation, on the condition that
the determination of the Secretary shall have been
communicated to the covered entity before the covered entity
engaged in the joint research, technology licensing, or
intellectual property sharing.
(6) Condition of receipt.--A covered entity to which the
Secretary awards Federal financial assistance under this
subsection shall enter into an agreement that specifies that,
during the 5-year period immediately following the award of
the Federal financial assistance, the covered entity will not
make shareholder distributions in excess of profits.
[[Page S4837]]
(b) Coordination Required.--In carrying out the program
established under subsection (a), the Secretary shall
coordinate with the Secretary of State, the Secretary of
Defense, the Secretary of Homeland Security, and the Director
of National Intelligence.
(c) GAO Reviews.--The Comptroller General of the United
States shall--
(1) not later than 2 years after the date of disbursement
of the first financial award under the program established
under subsection (a), and biennially thereafter for 10 years,
conduct a review of the program, which shall include, at a
minimum--
(A) a determination of the number of financial assistance
awards provided under the program during the period covered
by the review;
(B) an evaluation of how--
(i) the program is being carried out, including how
recipients of financial assistance awards are being selected
under the program; and
(ii) other Federal programs are leveraged for
manufacturing, research, and training to complement the
financial assistance awards provided under the program; and
(C) a description of the outcomes of projects supported by
financial assistance awards provided under the program,
including a description of--
(i) covered facilities that were constructed or facilities
that were expanded or technologically upgraded to be covered
facilities as a result of financial assistance awards
provided under the program;
(ii) workforce training programs carried out with financial
assistance awards provided under the program, including
efforts to hire individuals from disadvantaged populations;
and
(iii) the impact of projects receiving financial assistance
awards under the program on the United States share of global
finished critical material product production; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $750,000,000 for each of fiscal years 2025 and 2026;
and
(2) $200,000,000 for each of fiscal years 2027 through
2029.
(e) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
private entity, a consortium of private entities, or a
consortium of public and private entities, with a
demonstrated ability to substantially finance, construct,
expand, or technologically upgrade a covered facility.
(2) Covered facility.--The term ``covered facility'' means
a facility located in a State that carries out the metallurgy
or recycling of critical materials for the production of
critical material products.
(3) Covered incentive.--The term ``covered incentive''
means--
(A) an incentive offered by a Federal, State, local, or
Tribal governmental entity to a covered entity for the
purposes of--
(i) constructing within the jurisdiction of the
governmental entity a covered facility; or
(ii) expanding or technologically upgrading an existing
facility within that jurisdiction to be a covered facility;
and
(B) a workforce-related incentive (including a grant
agreement relating to workforce training or vocational
education), any concession with respect to real property,
funding for research and development with respect to critical
materials and finished critical material products, and any
other incentive determined appropriate by the Secretary, in
consultation with the Secretary of State.
(4) Finished critical material product.--The term
``finished critical material product'' means a product
composed of significant quantities of critical materials,
including--
(A) metals;
(B) alloys; and
(C) permanent magnets.
(5) Private capital.--The term ``private capital'' has the
meaning given the term in section 103 of the Small Business
Investment Act of 1958 (15 U.S.C. 662).
(6) State.--The term ``State'' means--
(A) each of the several States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
TITLE LII--INCREASING SUPPORT FOR ALLIED PARTNERSHIPS FOR CRITICAL
MATERIAL MAPPING, MINING, AND TECHNOLOGY RESEARCH
SEC. 5301. EXPANDING COLLABORATION WITH ALLIES AND PARTNERS
ON CRITICAL MATERIALS TECHNOLOGIES AND
PROJECTS.
(a) In General.--The Secretary of the Interior shall
increase collaboration and information sharing between the
geoscience organizations of Australia, Canada, South Korea,
Japan, member countries of the North Atlantic Treaty
Organization and non-NATO allies and partners, as the
Secretary of the Interior determines to be appropriate, and
the United States to include knowledge sharing on critical
materials processing and recycling techniques and equipment.
(b) Application.--Collaboration and information under
subsection (a) shall extend to--
(1) the Earth Mapping Resources Initiative established by
section 40201 of the Infrastructure Investment and Jobs Act
(43 U.S.C. 31l); and
(2) the National Cooperative Geologic Mapping Program under
section 4 of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c).
SEC. 5302. EXPANDING AUTHORITIES FOR CRITICAL MINERAL
PROJECTS TO INCLUDE ALLIES AND PARTNERS.
(a) Critical Minerals Mining and Recycling Research.--
Section 40210 of the Infrastructure Investment and Jobs Act
(42 U.S.C. 18743) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) In general.--In order to support supply chain
resiliency, the Secretary, in coordination with the Director,
and in collaboration with countries that are allies and
partners of the United States, as the Secretary of State
determines to be appropriate, shall issue awards, on a
competitive basis, to eligible entities described in
paragraph (2) to support basic research that will accelerate
innovation to advance critical minerals mining, recycling,
and reclamation strategies and technologies for the purposes
of--
``(A) making better use of domestic resources; and
``(B) eliminating national reliance on minerals and mineral
materials that are subject to supply disruptions.''; and
(2) in subsection (c)(1), by inserting ``, in collaboration
with allied and partner countries, as the Secretary of State
determines to be appropriate,'' after ``National Science and
Technology Council (referred to in this subsection as the
`Subcommittee')''.
(b) USGS Energy and Minerals Research Facility.--Section
40204 of the Infrastructure Investment and Jobs Act (43
U.S.C. 50e) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Collaboration.--The United States Geological Survey
may collaborate with Australia and Canada on the energy and
minerals research carried out at the facility described in
subsection (a).''.
(c) Rare Earth Demonstration Facility.--Section 7001(c)(1)
of the Energy Act of 2020 (42 U.S.C. 13344(c)(1)) is amended
inserting ``and in coordination with academic communities in
countries that are allies and partners of the United States,
as the Secretary determines to be appropriate,'' after
``academic partner,''.
TITLE LIII--PUBLIC-PRIVATE COLLABORATION ON CRITICAL MATERIALS
SEC. 5401. ENHANCING PUBLIC-PRIVATE SHARING ON MANIPULATIVE
ADVERSARY PRACTICES IN CRITICAL MATERIAL
PROJECTS.
(a) Strategy Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall, in consultation with the heads of such
other Federal agencies as the Director considers appropriate,
develop a strategy to improve the sharing between the Federal
Government and private entities of information to mitigate
the threat that illicit activities and tactics of foreign
adversaries pose to United States entities involved in
projects outside the United States relating to energy
generation and storage, including with respect to critical
materials inputs for those projects.
(b) Elements.--The strategy required by subsection (a)
shall address--
(1) how best to assemble and transmit information to United
States entities--
(A) to protect against illicit tactics and activities of
foreign adversaries relating to critical material projects
outside the United States, including efforts by foreign
adversaries to undermine those projects;
(B) to mitigate the risk that the involvement of
governments of foreign adversaries in the ownership and
control of entities engaging in deceptive or illicit
activities pose to the interests of the United States; and
(C) to inform on economic espionage and other threats from
foreign adversaries to the rights of owners of intellectual
property, including owners of patents, trademarks,
copyrights, trade secrets, and other sensitive information,
with respect to such property; and
(2) how best to receive information from United States
entities with respect to threats to United States interests
relating to critical materials, including disinformation
campaigns abroad or other suspicious malicious activity.
(c) Implementation Plan Required.--Not later than 30 days
after the date on which the Director completes developing the
strategy required by subsection (a), the Director shall
submit to the congressional intelligence committees (as
defined in this division of the National Security Act of 1947
(50 U.S.C. 3003)), or provide such committees a briefing on,
a plan for implementing the strategy.
SEC. 5402. COORDINATING GOVERNMENT FINANCIAL TOOLS FOR
PUBLIC-PRIVATE COLLABORATION ON CRITICAL
MATERIAL INVESTMENTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall, in
coordination with the Chief Executive Officer of the
[[Page S4838]]
United States International Development Finance Corporation,
the President of the Export-Import Bank of the United States,
and the Secretary of Energy, establish a mechanism to share
information with the private sector on government financing
tools available for investment in projects outside the United
States relating to critical materials.
(b) Elements.--The mechanism developed under subsection (a)
shall include--
(1) a single point person or office to lead the effort to
share information as described in that subsection;
(2) a publicly accessible website that details the tools
each relevant Federal agency has available to support private
sector investment in projects described in that subsection,
including for each such tool at each such agency--
(A) the criteria required to receive support pursuant to
the relevant agency tool;
(B) a point of contact to coordinate and advice on applying
for that support;
(C) how applications can be submitted;
(D) the amount of funding available; and
(E) a list of projects carried out with that support;
(3) policies to ensure that, in cases in which due
diligence and project vetting requirements are similar across
Federal agencies, an application filed by an entity, if
permitted by the entity, is shared across relevant agencies
to avoid unnecessary duplication;
(4) coordination of regular meetings of the relevant
Federal agencies--
(A) to coordinate projects and processes; and
(B) to identify gaps in tools needed to support private
sector investment in projects described in subsection (a),
including in coordination with the Minerals Investment
Network for Vital Energy Security and Transition (MINVEST);
and
(5) a way for private sector entities to regularly engage
with the relevant Federal agencies to identify potential gaps
in United States support and tools for private industry
attempting to invest in, operate, or secure critical material
projects outside the United States.
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate committees of Congress a report on
the plan required by subsection (a), including each elements
required under subsection (b).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
TITLE LIV--COUNTERING THE PEOPLE'S REPUBLIC OF CHINA'S EFFORTS TO
MANIPULATE CRITICAL MATERIAL MARKETS
SEC. 5501. INCREASED SUPPORT FOR UNITED STATES PROCUREMENT OF
CRITICAL MATERIALS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report setting forth a
plan of action for use of authorities, including a proposal
for new or expanded authorities, to establish or enhance
responsible domestic production and procurement capabilities,
including through recycling, for critical materials and
related materials.
(2) Elements.--The report required by paragraph (1) shall--
(A) include an identification of defense-critical end
products that are reliant on rare earth elements and other
critical materials for which domestic industrial capabilities
are insufficient;
(B) detail how the plan of action--
(i) aligns with existing Federal critical materials
strategies and recommendations, including those developed
pursuant to applicable Executive orders and statutes, to
produce a holistic response to address critical material
supply chain risks; and
(ii) coordinates Federal authorities and interagency
efforts to implement such strategies and recommendations,
including by identifying implementation challenges and
authorities or resources needed to complete implementation
and reduce United States critical materials supply chain
vulnerability; and
(C) include recommendations to minimize adverse
environmental and social impacts from the activities
described in paragraph (1).
(b) Domestic Defined.--In this section, the term
``domestic'', with respect to production capabilities or
procurement capabilities for critical materials and related
materials, means--
(1) the production of such materials in a country specified
in the definition of ``domestic source'' in section 702 of
the Defense Production Act of 1950 (50 U.S.C. 4552); or
(2) the procurement of such materials from a business
concern described in that definition.
SEC. 5502. REPORT ON IMPOSITION OF DUTIES ON ELECTROMAGNETS,
BATTERY CELLS, ELECTRIC STORAGE BATTERIES, AND
PHOTOVOLTAIC CELLS IMPORTED FROM CERTAIN
COUNTRIES.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Treasury
shall submit to the appropriate committees of Congress a
report assessing the imposition of a duty on each article
described in subsection (b).
(b) Articles Described.--An article described in this
subsection is an article classified under any of the
following headings or subheadings of the Harmonized Tariff
Schedule of the United States:
(1) 8505.
(2) 8506.
(3) 8507.
(4) 8541.42.00.
(5) 8541.43.00.
(c) Recommendations.--The report required by subsection (a)
shall include recommendations for--
(1) appropriate ranges for the rate of duty to be applied
to an article described in subsection (b) that was produced
or manufactured, or underwent final assembly, in a country
other than--
(A) an ally described in this division(b)(2) of the Arms
Export Control Act (22 U.S.C. 2753(b)(2));
(B) a country designated by the President as a major non-
NATO ally under section 517 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321k);
(C) Mexico, if the United States-Mexico-Canada Agreement,
or a successor agreement, is in effect;
(D) Costa Rica, El Salvador, Guatemala, Honduras, and the
Dominican Republic, if the Dominican Republic-Central America
Free Trade Agreement, or a successor agreement, is in effect;
(E) Chile, if the United States-Chile Free Trade Agreement,
or a successor agreement, is in effect; and
(F) India, for a period of 10 years beginning on the date
of the enactment of this Act; and
(2) the appropriate rate of duty to be applied to an
article described in subsection (b) that was produced or
manufactured, or underwent final assembly, in the People's
Republic of China.
(d) Additional Elements.--The assessment required by
subsection (a) shall include--
(1) a plan for implementing duties on articles described in
subsection (b) at the rates recommended under subsection (c);
and
(2) an assessment of the risks and benefits of increasing
the rates of duty on such articles over a period of time.
SEC. 5503. PROHIBITION ON PROVISION OF FUNDS TO FOREIGN
ENTITIES OF CONCERN.
None of the funds authorized to be appropriated to carry
out this division may be provided to a foreign entity of
concern.
TITLE LV--WORKFORCE DEVELOPMENT EFFORTS
SEC. 5501. WORKFORCE DEVELOPMENT INITIATIVE.
As soon as practicable, after the date of the enactment of
this Act, the Secretary of State shall establish an
initiative under which the Secretary works with the Secretary
of Labor, the Director of the National Science Foundation,
the Critical Minerals Subcommittee of the National Science
and Technology Council, the private sector, institutions of
higher education, and workforce training entities to
incentivize and expand participation in graduate,
undergraduate, and vocational programs, and to develop
workforce training programs and apprenticeships, relating to
advanced critical material mining, separation, processing,
recycling, metallurgy, and advanced equipment maintenance
capabilities.
______
SA 2510. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12__. ECUADOR DEFENSE AND EXTRADITION ENHANCEMENT.
(a) Short Title.--This section may be cited as the
``Ecuador Defense and Extradition Enhancement Act''.
(b) Updating the United States-Ecuador Extradition
Treaty.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Relations of the Senate; and
(ii) the Committee on Foreign Affairs of the House of
Representatives.
(B) United states-ecuador extradition treaty.--The term
``United States-Ecuador Extradition Treaty'' means--
(i) the Treaty Between the United States of America and the
Republic of Ecuador Related to Extradition, concluded at
Quito June 28, 1872; and
(ii) the Supplementary Extradition Treaty Between the
United States of America and Ecuador, signed at Quito
September 22, 1939.
(2) Treaty negotiations.--The President shall begin
negotiations with the Government of Ecuador to update the
United States-Ecuador Extradition Treaty.
(3) Notification upon commencement of negotiations.--Not
later than 15 days before the commencement of negotiations
between the Government of the United States and the
Government of Ecuador to update the United States-Ecuador
Extradition Treaty, the President shall submit written
notification
[[Page S4839]]
to the appropriate congressional committees of such
commencement.
(4) Consultations during negotiations.--During the course
of the negotiations referred to in paragraph (3), the
Secretary of State shall--
(A) meet, upon request, with the chairman or ranking member
of either of the appropriate congressional committees
regarding negotiation objectives and the status of such
negotiations; and
(B) closely consult with the appropriate congressional
committees, on a timely basis, and keep the appropriate
congressional committees fully apprised of the status of such
negotiations.
(5) Briefings.--Not later than 90 days after the
commencement of negotiations to update the United States-
Ecuador Extradition Treaty, and every 180 days thereafter
until the conclusion of such negotiations, the President
shall provide a briefing to the appropriate congressional
committees, consisting of an update on the status of
negotiations, including a description of the elements under
negotiation.
(c) Transfer of Excess Defense Articles to Ecuador.--
(1) In general.--Not later than October 31, 2024 and
October 31, 2025, respectively, the Secretary of Defense,
with the concurrence of the Secretary of State, shall submit
a report to the Committee on Foreign Relations of the Senate,
the Committee on Armed Services of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committee on Armed Services of the House of Representatives
that describes--
(A) Ecuador's defense needs for the fiscal year in which
such report is submitted; and
(B) how the United States intends to address such needs
through transfers of excess defense articles to Ecuador under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) during such fiscal year.
(2) Minimum amounts.--The Secretary of Defense, in
cooperation with the Secretary of State, shall set aside for
the Government of Ecuador, in accordance with the report
submitted pursuant to paragraph (1), during the period
beginning on the date of the enactment of this Act and ending
on October 31, 2025--
(A) excess defense articles valued at not less than
$200,000,000;
(B) not less than $30,000,000 in foreign assistance through
the International Narcotics Control and Law Enforcement
(INCLE) account;
(C) not less than $10,000,000 in foreign assistance through
the Foreign Military Financing Program; and
(D) not less than $1,200,000 in foreign assistance for
International Military Education and Training Program.
______
SA 2511. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-
TRAUMATIC STRESS DISORDER RESEARCH BETWEEN
UNITED STATES AND ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, acting through the Psychological
Health and Traumatic Brain Injury Research Program, should
seek to explore scientific collaboration between academic
institutions and nonprofit research entities in the United
States and institutions in Israel with expertise in
researching, diagnosing, and treating post-traumatic stress
disorder.
(b) Grant Program.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Veterans Affairs and the Secretary of
State, shall award grants to eligible entities to carry out
collaborative research between the United States and Israel
with respect to post-traumatic stress disorders.
(2) Agreement.--The Secretary of Defense shall carry out
the grant program under this section in accordance with the
Agreement on the United States-Israel binational science
foundation with exchange of letters, signed at New York
September 27, 1972, and entered into force on September 27,
1972.
(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be an academic
institution or a nonprofit entity located in the United
States.
(d) Award.--The Secretary shall award grants under this
section to eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-traumatic
stress disorders that the Secretary determines appropriate to
research using such grant; and
(B) is conducted by the eligible entity and an entity in
Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit an application
to the Secretary at such time, in such manner, and containing
such commitments and information as the Secretary may
require.
(f) Gift Authority.--
(1) In general.--The Secretary may accept, hold, and
administer any gift of money made on the condition that the
gift be used for the purpose of the grant program under this
section.
(2) Deposit.--Gifts of money accepted under paragraph (1)
shall be deposited in the Treasury in the Department of
Defense General Gift Fund and shall be available, subject to
appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on
which an eligible entity completes a research project using a
grant under this section, the Secretary shall submit to
Congress a report that contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this
section shall terminate on the date that is seven years after
the date on which the first such grant is awarded.
______
SA 2512. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. PROHIBITION AGAINST FEDERAL FUNDING FOR STATE
SPONSORS OF TERRORISM.
Section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) is amended--
(1) in subsection (a), by striking ``under this Act'' and
all that follows through ``Export-Import Bank Act of 1945'';
(2) by striking subsection (d); and
(3) by striking the undesignated matter following
subsection (d).
______
SA 2513. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1035. RESTRICTING FOREIGN AGENTS FROM FEDERAL AND SECURE
TRANSPORTATION FACILITIES.
(a) Short Title.--This section may be cited as the ``Keep
Enemies Away Act of 2024''.
(b) Purpose.--The purpose of this section is to enhance
national security by prohibiting access to secure facilities
by any individual who is an agent of any country that--
(1) has been designated as a state sponsor of terrorism;
(2) has been designated as a not fully cooperating country;
or
(3) provides save haven to fugitives from the United States
judicial system.
(c) Definitions.--In this section:
(1) Country of concern.--The term ``country of concern''
means--
(A) a state sponsor of terrorism;
(B) a not fully cooperating country; and
(C) a country that provides safe haven to fugitives from
the United States judicial system.
(2) Federal agency.--The term ``Federal agency'' means any
department, agency, or instrumentality of the United States
Government.
(3) Not fully cooperating country.--The term ``not fully
cooperating country'' means a country that has been
designated by the Secretary of State as not fully cooperating
with United States counterterrorism efforts.
(4) Secure location.--The term ``secure location'' means
any nonpublic area at an airport, seaport, or military
installation of the United States.
(5) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country that has been designated by
the Secretary of State as having repeatedly provided support
for acts of international terrorism pursuant to--
(A) section 1754(c) of the Export Control Reform Act of
2018 (50 U.S.C. 4813(c));
(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(D) any other provision of law.
(d) Exclusion of Certain Foreign Agents From Secure
Locations.--
(1) In general.--Except as provided in paragraph (2), an
individual may not be permitted to occupy any secure location
if such individual is an agent of a country of concern.
(2) Exception.--The prohibition under paragraph (1) may be
waived in circumstances in which the presence of a foreign
agent in a secure location is required
[[Page S4840]]
for law enforcement or immigration purposes.
(e) Enforcement.--
(1) In general.--The Secretary of Homeland Security, in
coordination with the Secretary of Defense and the Director
of National Intelligence, shall enforce this section by--
(A) notifying the heads of any entity responsible for a
secure location of the prohibition described in subsection
(d);
(B) conducting regular audits and assessments to ensure
compliance with such prohibition; and
(C) ensuring that violators of such prohibition are
subjected to appropriate legal and administrative actions.
(2) Periodic reports.--
(A) In general.--Not later than 30 days after any violation
of subsection (d), the head of entity responsible for
operating the secure location at which the violation occurred
shall submit a report to the Federal agency responsible for
regulating the facility on which such secure location is
located and to the congressional committees with oversight
jurisdiction over such Federal agency.
(B) Contents.--Each report submitted pursuant to
subparagraph (A) shall describe the circumstances surrounding
the violation, including--
(i) the position and country of the foreign agent who
unlawfully occupied the secure location;
(ii) the individual who authorized such unlawful
occupation, if applicable, and any justification for such
authorization; and
(iii) any remedial steps that were taken to discipline such
individual or prevent such violation from reoccurring.
(f) Effective Date; Sunset.--
(1) Effective date.--This section shall take effect on the
date that is 60 days after the date of the enactment of this
Act.
(2) Sunset.--This section shall cease to have force or
effect beginning on the date that is 10 years after the date
of the enactment of this Act.
______
SA 2514. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--UNITED STATES-PHILIPPINES PARTNERSHIP ACT OF 2024
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``United States-Philippines Partnership Act of 2024''.
TITLE LI--ECONOMIC MEASURES
SEC. 5101. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Finance, and the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Energy and Commerce of the
House of Representatives.
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given that term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(3) Foreign entity of concern.--The term ``foreign entity
of concern'' means an entity organized under the laws of or
otherwise subject to the jurisdiction of--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran; or
(D) the Democratic People's Republic of Korea.
SEC. 5102. NEGOTIATION OF CRITICAL MINERALS AGREEMENT WITH
THE PHILIPPINES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall seek
to enter into negotiations with the Philippines for an
executive agreement relating to critical minerals that--
(1) requires that duties not be imposed on the export of on
critical minerals;
(2) provides for domestic measures to address nonmarket
polices and practices of other countries affecting trade in
critical minerals;
(3) implements best practices for reviewing investments
within the critical mineral sector of the Philippines by
foreign entities of concern;
(4) promotes more efficient methods of extraction of
critical minerals that reduces the demand for the extractions
of virgin materials;
(5) establishes engagement, information-sharing, and
enforcement processes to address concerns relating to the use
of forced labor in the critical mineral industry; and
(6) promotes the neutrality of employers in the
organization and operations of labor organizations.
(b) Briefings Required.--Not later than 1 year after the
date of the enactment of this Act, and every 180 days
thereafter until an agreement described in subsection (a)
enters into force, the Secretary of State, the United States
Trade Representative, and the heads of other relevant Federal
agencies, shall brief the appropriate congressional
committees on progress in negotiating such an agreement.
SEC. 5103. PRIORITIZATION OF SUPPORT BY UNITED STATES
INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
FOR PROJECTS IN THE PHILIPPINES IN CRITICAL
MINERALS AND FOSSIL FUELS.
(a) In General.--In providing support under title II of the
Better Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9621 et seq.), the United States
International Development Finance Corporation (in this
section referred to as the ``Corporation'') shall prioritize
the provision of support to projects in the Philippines in
sectors the Government of the Philippines is seeking to
develop, including the mining of critical minerals and fossil
fuels.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter until
the date that is 5 years after such date of enactment, the
Chief Executive Officer of the Corporation shall submit to
the appropriate congressional committees a report that--
(1) lists all the critical mineral and fossil fuel projects
in the Philippines for which the Corporation provided support
in the one-year period preceding submission of the report;
(2) lists all the applications for support for such
projects that the Corporation rejected; and
(3) provides a justification for rejecting such
applications.
SEC. 5104. INTERAGENCY PLAN FOR INFRASTRUCTURE DEVELOPMENT IN
THE PHILIPPINES TO SUPPORT MILITARY AND
DISASTER RECOVERY OPERATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall--
(1) lead an interagency effort to assess investments of the
United States in the Philippines; and
(2) develop a plan for how such investments can better
enable efficient transportation during a conflict or other
emergency scenario.
(b) Identification of Infrastructure Requiring Additional
Investment.--The plan required by subsection (a)(2) shall--
(1) identify--
(A) infrastructure in the Philippines that the Secretary
determines is insufficient to support military and disaster
recovery operations; and
(B) any asset that would assist the military of the
Philippines in the event of an attack on the Philippines; and
(2) assess whether any of such assets require additional
investment by the United States to assist the military of the
Philippines in the event of an attack.
(c) Identification of Additional United States Agencies to
Make Investments.--The plan required by subsection (a)(2)
shall identify United States Government agencies, such as the
Office of Strategic Capital of the Department of Defense,
that--
(1) are not involved, as of the date of the enactment of
this Act, in infrastructure investment in the Philippines;
and
(2) could make investments that could assist the Government
of the Philippines respond to an attack on the Philippines.
TITLE LII--DIPLOMATIC MEASURES
SEC. 5201. STATEMENT OF POLICY REGARDING CHINA'S ILLEGAL,
COERCIVE, AGGRESSIVE, AND DECEPTIVE TACTICS IN
THE SOUTH CHINA SEA.
(a) In General.--It is the policy of the United States that
the actions of the People's Republic of China in the South
China Sea constitute illegal, coercive, aggressive, and
deceptive (ICAD) tactics.
(b) Sense of Congress.--It is the sense of Congress that
the United States Government should describe actions of the
People's Republic of China in the South China Sea as ICAD
tactics and that doing so would help the diplomatic efforts
of the Government of the Philippines.
SEC. 5202. MULTILATERAL AGREEMENT BETWEEN THE UNITED STATES,
THE PHILIPPINES, THE REPUBLIC OF KOREA, AND
JAPAN.
There is authorized to be appropriated $5,000,000 for the
Department of State and the United States Agency for
International Development for fiscal year 2025 to support
activities related to entering into and implementing a
multilateral agreement with the Philippines, the Republic of
Korea, and Japan for purposes of responding to actions of the
People's Republic of China in the South China Sea.
TITLE LIII--MILITARY MEASURES
SEC. 5301. UNITED STATES-PHILIPPINES SECURITY CONSULTATIVE
COMMITTEE.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the
Secretary of Defense shall establish a consultative committee
(to be known as the ``United States-Philippines Security
Consultative Committee'') to include the Minister of Foreign
Affairs and the Minister of Defense of the Philippines in the
development of a strategy for jointly strengthening the
national security and defense institutions of the Philippines
and the capacity of such institutions to carry out operations
across the Philippines (including inland and maritime areas)
relating to--
(1) counterterrorism and counterinsurgency;
(2) counternarcotics and countering other forms of illicit
trafficking;
[[Page S4841]]
(3) cyber defense and prevention of cyber crimes; and
(4) border and maritime security and air defense.
(b) Additional Elements.--The United States-Philippines
Security Consultative Committee shall evaluate--
(1) existing technologies, equipment, and weapons systems
of the national security and defense institutions of the
Philippines; and
(2) the upgrades to such technologies, equipment, and
systems necessary to ensure the continued defense of the
national sovereignty and national territory of the
Philippines.
(c) Bilateral Security and Defense Cooperation.--Not later
than 180 days after the establishment of the United States-
Philippines Security Consultative Committee, the Secretary of
State, in coordination with the Secretary of Defense, may
enter into consultations with the Government of Philippines
to strengthen existing, or establish new, bilateral security
and defense cooperation agreements or lines of effort to
address capacity-building and resource needs identified by
the consultative committee.
(d) Briefings.--
(1) Consultative committee.--Not later than 30 days after
the date on which the United States-Philippines Security
Consultative Committee is established, and not later than 15
days after any meeting of the United States-Philippines
Security Consultative Committee thereafter, the Secretary of
State and the Secretary of Defense shall, on request by any
of the appropriate committees of Congress, jointly brief the
appropriate committees of Congress on progress made by the
consultative committee.
(2) Bilateral security and defense cooperation.--Not later
than 30 days after the completion of any consultation with
the Government of Philippines under subsection (c), the
Secretary of State and the Secretary of Defense shall brief
the appropriate committees of Congress on the implementation
of agreed upon areas of cooperation or lines of effort.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 5302. REPORT ON DOMAIN AWARENESS GAPS OF THE
PHILIPPINES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on gaps in the domain awareness of the Philippines
that may be filled by broader Department of Defense
resourcing of new capabilities.
SEC. 5303. ASSESSMENT OF AND REPORT ON IMPROVEMENTS IN SECOND
THOMAS SHOAL REGION OF THE PHILIPPINES.
(a) Assessment.--The Secretary of Defense shall assess the
feasibility of improving the force posture of the United
States Armed Forces capable of deterring, in cooperation with
the military forces of the Philippines, hostile acts against
the Philippines with respect to the Second Thomas Shoal,
including an assessment of potential funding sources to
execute the planning for and design of improvements to the
position of the BRP Sierra Madre. The Secretary shall carry
out such assessment not later than 180 days after enactment
of this Act, and produce a report to Congress on joint
efforts between the Department of Defense and the Philippines
to harden positions near the Second Thomas Shoal.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Congress a report on the assessment carried out under
subsection (a) and joint efforts between the Department of
Defense and the Philippines to harden positions near the
Second Thomas Shoal.
______
SA 2515. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 1266. ENHANCED DEFENSE COOPERATION WITH INDIA.
(a) Short Title.--This section may be cited as the ``United
States-India Defense Cooperation Act of 2024''.
(b) Statement of Policy.--
(1) In general.--It is the policy of the United States--
(A) to support the Republic of India in its response to
growing threats to its internationally recognized land and
maritime borders;
(B) to provide necessary security assistance to the
Republic of India to deter actions by foreign actors that
violate the Republic of India's land and maritime borders, as
recognized by the United States Government; and
(C) to cooperate with the Republic of India with respect to
defense, civil space, technology, medicine, and economic
investments.
(2) Exception for sanctionable transactions under section
231 of the countering america's adversaries through sanctions
act.--Section 231 of the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44; 22 U.S.C. 9525) is
amended by adding at the end the following:
``(g) Exception.--Sanctions imposed pursuant to subsection
(a) shall not apply with respect to a foreign person or an
agency or instrumentality of a foreign state for transactions
concerning capabilities currently in use by the armed forces
of the Republic of India.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) expeditious consideration of certifications of letters
of offer to sell defense articles, defense services, design
and construction services, and major defense equipment to the
Republic of India under section 36(b) of the Arms Export
Control Act (22 U.S.C. 2776(b)) is fully consistent with
United States national security and foreign policy interests;
and
(2) it is in the interest of peace and stability for the
Republic of India to have the capabilities needed to deter
threats against its sovereignty.
(d) Defined Term.--In this Act, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate; and
(2) the Committee on Armed Services of the House of
Representatives.
(e) Enhanced Defense Cooperation.--
(1) In general.--During the 3-year period beginning on the
date of the enactment of this Act, the Republic of India
shall be treated as if it were a country listed in the
provisions of law described in paragraph (2) for purposes of
applying and administering such provisions of law.
(2) Arms export control act.--The provisions of law
described in this paragraph are--
(A) paragraphs (3)(A)(i) and (5) of section 3(d) of the
Arms Export Control Act (22 U.S.C. 2753(d));
(B) subsections (e)(2)(A), (h)(1)(A), and (h)(2) of section
21 of such Act (22 U.S.C. 2761);
(C) subsections (b)(1), (b)(2), (b)(6), (c), and (d)(2)(A)
of section 36 of such Act (22 U.S.C. 2776); and
(D) sections 62(c)(1) and 63(a)(2) of such Act (22 U.S.C.
2796a(c)(1) and 2796b(a)(2)).
(f) Memorandum of Understanding.--Subject to the
availability of appropriations, the Secretary of State is
authorized to enter into a memorandum of understanding with
the Republic of India to increase military cooperation,
including joint military exercises, personnel exchanges,
support for international peacekeeping missions, and enhanced
strategic dialogue.
(g) Expedited Excess Defense Articles Transfer Program.--
(1) In general.--During each of the fiscal years 2025
through 2027, the delivery of excess defense articles to the
Republic of India shall be given the same priority as the
priority given to other countries and regions under section
516(c)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(c)(2)).
(2) Report.--Not later than October 31 of each of the
fiscal years referred to in paragraph (1), the Secretary of
Defense, with the concurrence of the Secretary of State,
shall submit a report to the appropriate congressional
committees that describes--
(A) the Republic of India's defense needs; and
(B) how the United States intends to address such needs
through transfers of excess defense equipment to the Republic
of India during such fiscal year.
(h) International Military Education and Training
Cooperation With India.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Department of State $2,000,000 for
each of the fiscal years 2025 through 2027, which shall be
used to provide the international military education and
training assistance for the Republic of India described in
paragraph (2).
(2) Assistance described.--The assistance described in this
paragraph consists of--
(A) training future military leaders of the Republic of
India;
(B) fostering a better understanding of the United States
among leaders of the Republic of India;
(C) improving the rapport between the Armed Forces of the
United States and the Armed Forces of the Republic of India
to build lasting partnerships;
(D) enhancing interoperability and capabilities for joint
operations involving the United States and the Republic of
India; and
(E) focusing on professional military education, civilian
control of the military, and protection of human rights in
the Republic of India.
(i) Supporting Stability and Conflict Prevention in South
Asia.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter not
later than 30 days before the beginning of each fiscal year,
the Secretary of State, in consultation with the heads of
other relevant Federal agencies, shall submit a report to the
appropriate congressional committees regarding offensive uses
of force against the Republic of India.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a list of all instances in which the Islamic Republic
of Pakistan has used offensive force, including the use of
proxies, against the Republic of India;
[[Page S4842]]
(B) a list of all instances in which the Islamic Republic
of Pakistan has provided safe haven to terrorist groups; and
(C) a determination and description of any assistance the
Islamic Republic of Pakistan has provided to militants in the
union territory of Jammu and Kashmir.
(3) Form of report.--The report required under paragraph
(1) shall be submitted in an unclassified form, but may
include a classified annex.
(4) Effect of determination.--If the Secretary of State
determines in the report required under paragraph (1) that
the Islamic Republic of Pakistan is providing assistance to
militants in Jammu and Kashmir or is taking other offensive
uses of force against the Republic of India, no security
assistance under this Act or under any other Act may be
provided to the Government of the Islamic Republic of
Pakistan until after the submission of a subsequent report in
accordance with paragraph (1).
(5) Waiver.--The Secretary of State may waive the
limitation under paragraph (4) for a specific transfer of
defense articles or equipment, or for the provision of a
specific training or other assistance, if the Secretary--
(A) certifies to the appropriate congressional committees
that a transfer or provision of assistance is needed by the
Government of the Islamic Republic of Pakistan--
(i) to dismantle supplier networks relating to the
acquisition of nuclear weapons-related materials, such as
providing relevant information from or direct access to
Pakistani nationals associated with such networks;
(ii) to combat terrorist groups that have conducted attacks
against the United States or coalition forces in Afghanistan,
or against the territory or people of neighboring countries;
or
(iii) to prevent al Qaeda, the Taliban, the Islamic State,
and associated terrorist groups and offshoots, such as
Lashkar-e-Taiba and Jaish-e-Mohammed, from operating in the
territory of Pakistan, including carrying out cross-border
attacks into neighboring countries, closing terrorist camps
in the Federally Administered Tribal Areas, dismantling
terrorist bases of operations in other parts of the country,
including Quetta and Muridke, and taking action when provided
with intelligence about high-level terrorist targets; and
(B) not less than 30 days before such waiver takes effect,
submits a report to the appropriate congressional committees
that justifies such waiver.
______
SA 2516. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Taiwan Peace Through Strength Act of 2024
SEC. 1294. SHORT TITLE.
This subtitle may be cited as the ``Taiwan Peace through
Strength Act of 2024''.
SEC. 1295. ANTICIPATORY POLICY PLANNING AND ANNUAL REVIEW OF
UNITED STATES WAR PLANS TO DEFEND TAIWAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall conduct a classified review of
United States war plans to defend Taiwan and share the
results of the review with the Chairman and Ranking Member of
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(b) Elements.--The review conducted under subsection (a)
shall include the following elements:
(1) An assessment of Taiwan's current and near-term
capabilities and United States force readiness and the
adequacy of United States conflict contingency plans.
(2) A comprehensive assessment of risks to the United
States and United States interests, including readiness
shortfalls that pose strategic risk.
(3) A review of indicators of the near-term likelihood of
the use of force by the People's Liberation Army against
Taiwan.
(4) The compilation of a pre-approved list of military
capabilities, including both asymmetric and traditional
capabilities selected to suit the operational environment and
to allow Taiwan to respond effectively to a variety of
contingencies across all phases of conflict involving the
People's Liberation Army, that the Secretary of Defense has
pre-cleared for Taiwan to acquire, and that would reduce the
threat of conflict, thwart an invasion, and mitigate other
risks to the United States and Taiwan.
SEC. 1296. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN
MILITARY SALES PROGRAM.
(a) Preclearance of Certain Foreign Military Sales Items.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense and in conjunction with relevant coordinating
entities, such as the National Disclosure Policy Committee
and the Arms Transfer and Technology Release Senior Steering
Group, shall--
(A) compile and submit to the relevant congressional
committees a list of available and emerging military
platforms, technologies, and equipment; and
(B) upon listing such platforms, technologies, and
equipment, pre-clear and prioritize for sale and release to
Taiwan through the Foreign Military Sales program such
platforms, technologies, and equipment.
(2) Selection of items.--The items pre-cleared for sale
pursuant to paragraph (1)--
(A) shall represent a full-range of asymmetric capabilities
as well as the conventional capabilities informed by United
States readiness and risk assessments and determined by
Taiwan to be required for various wartime scenarios and
peacetime duties; and
(B) shall include each item on the list of approved items
compiled by the Secretary of Defense pursuant to section
1295(b)(4).
(3) Exception.--The Secretary of State may exclude an item
from the list described in paragraph (1)(A) if the Secretary
of State submits to the appropriate congressional committees
a determination that the costs of providing such items,
including the potential costs of technology slippage, exceeds
the costs to the United States of failing to arm Taiwan with
such items, including the likelihood of being drawn into
conflict with the People's Republic of China.
(4) Rule of construction.--The list compiled pursuant to
section 1295(b)(4) shall not be construed as limiting the
type, timing, or quantity of items that may be requested by,
or sold to, Taiwan under the Foreign Military Sales program.
(5) Final determination of disputes.--The Department of
Defense shall serve as the lead Federal agency for purposes
of making final determinations when disputes arise between
agencies about the appropriateness of specific items for sale
to Taiwan.
(b) Prioritized Processing of Foreign Military Sales
Requests From Taiwan.--
(1) Requirement.--The Secretary of Defense and the
Secretary of State shall prioritize and expedite the
processing of requests from Taiwan under the Foreign Military
Sales program, and may not delay the processing of requests
for bundling purposes.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of Defense determines and
certifies to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives that the threat to Taiwan has significantly
abated.
(3) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter for 10
years, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report describing
steps taken to implement the requirement under paragraph (1).
(c) Priority Production.--
(1) Requirement.--The Secretary of Defense shall require
that contractors awarded Department of Defense contracts to
provide items for sale to Taiwan under the Foreign Military
Sales program shall, as a condition of receiving such
contracts, expedite and prioritize the production of such
items above the production of other Foreign Military Sales
items regardless of the order in which contracts were signed.
(2) Duration.--The requirement under paragraph (1) shall
continue until the Secretary of Defense determines and
certifies to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives that the threat to Taiwan has significantly
abated.
(3) Annual report.--Contractors covered under paragraph (1)
shall be required to report annually to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives on efforts to
expedite and prioritize production as required under such
paragraph.
(d) Interagency Policy.--The Secretary of State and the
Secretary of Defense shall jointly review and update
interagency policies and implementation guidance related to
Foreign Military Sales requests from Taiwan, including
incorporating the preclearance and prioritization provisions
of this section.
SEC. 1297. AMENDMENTS TO TAIWAN RELATIONS ACT.
(a) Policy.--Section 2(b)(5) of the Taiwan Relations Act
(22 U.S.C. 3301(b)(5)) is amended by striking ``arms of a
defensive character'' and inserting ``arms conducive to the
deterrence of acts of aggression by the People's Liberation
Army''.
(b) Provision of Defense Articles and Services.--Section
3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)) is
amended by striking ``such defense articles and defense
services in such quantity as may be necessary to enable
Taiwan to maintain a sufficient self-defense capability'' and
inserting ``such defense articles and defense services in
such quantity as may be necessary to enable Taiwan to
implement a strategy to deter acts of aggression by the
People's Liberation Army and to deny an invasion of Taiwan by
the People's Liberation Army''.
(c) Rule of Construction.--Section 4 of the Taiwan
Relations Act (22 U.S.C. 3303) is amended by adding at the
end the following new subsection:
``(e) Security Cooperation and Deterrence of Use of Force
by People's Liberation Army.--Nothing in this Act, nor the
[[Page S4843]]
facts of the President's action in extending diplomatic
recognition to the People's Republic of China, the absence of
diplomatic relations between the people of Taiwan and the
United States, or the lack of formal recognition by the
United States, and attendant circumstances thereto, shall be
construed to constitute a legal or practical obstacle to any
otherwise lawful action of the President or of any United
States Government agency that is needed to advance or protect
United States interests pertaining to Taiwan, including
actions intended to strengthen security cooperation between
the United States and Taiwan or to otherwise deter the use of
force against Taiwan by the People's Liberation Army.''.
SEC. 1298. MILITARY PLANNING MECHANISM.
The Secretary of Defense shall establish a high-level
military planning mechanism between the United States and
Taiwan to oversee a Joint and Combined Exercise Program and
coordinate International Military Education and Training
assistance and professional exchanges aimed at determining
and coordinating the acquisition of capabilities for both
United States and Taiwan military forces to address the needs
of currently anticipated and future contingencies. The
mechanism may be modeled after the Joint United States
Military Advisory Group Thailand, or any such similar
existing arrangement, as determined by the Secretary of
Defense.
SEC. 1299. PROHIBITION ON DOING BUSINESS IN CHINA.
(a) Requirement.--The Secretary of Defense shall require
any contractor awarded a Department of Defense contract, as a
condition of receiving such contract, not to conduct any
business in the People's Republic of China with any entity
that is owned by or controlled by the Government of the
People's Republic of China or the Chinese Communist Party, or
any subsidiary of such a company.
(b) Determination of Noncompliance.--If the Secretary of
Defense determines that a Department of Defense contractor is
noncompliant with the requirement in subsection (a)--
(1) such noncompliance shall be considered grounds for
termination of the contract; and
(2) the Secretary of Defense shall terminate the contract.
SEC. 1299A. TAIWAN CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the ``Taiwan Critical Munitions Acquisition Fund'' (in this
section referred to as the ``Fund'').
(b) Purpose.--Subject to the availability of
appropriations, amounts in the Fund shall be made available
by the Secretary of Defense--
(1) to ensure that adequate stocks of critical munitions
necessary for a denial defense are available to allies and
partners of the United States in advance of a potential
operation to defend the autonomy and territory of Taiwan; and
(2) to finance the acquisition of critical munitions
necessary for a denial defense in advance of the transfer of
such munitions to foreign countries for such a potential
operation.
(c) Additional Authority.--Subject to the availability of
appropriations, the Secretary of Defense may also use amounts
made available to the Fund--
(1) to keep on continuous order munitions that the
Secretary of Defense considers critical due to a reduction in
current stocks as a result of the drawdown of stocks provided
to the government of one or more foreign countries; or
(2) with the concurrence of the Secretary of State, to
procure munitions identified as having a high-use rate.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of the
following:
(A) Collections from sales made under letters of offer (or
transfers made under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.)) of munitions acquired using amounts
made available from the Fund pursuant to this section,
representing the value of such items calculated, as
applicable, in accordance with--
(i) subparagraph (B) or (C) of section 21(a)(1) of the Arms
Export Control Act (22 U.S.C. 2761(a)(1));
(ii) section 22 of the Arms Export Control Act (22 U.S.C.
2762); or
(iii) section 644(m) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403(m)).
(B) Such amounts as may be appropriated pursuant to the
authorization under this section or otherwise made available
for the purposes of the Fund.
(C) Not more than $2,000,000,000 may be transferred to the
Fund for any fiscal year, in accordance with subsection (e),
from amounts authorized to be appropriated for the Department
of Defense in such amounts as the Secretary of Defense
determines necessary to carry out the purposes of this
section, which shall remain available until expended. The
transfer authority provided under this subparagraph is in
addition to any other transfer authority available to the
Secretary of Defense.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B), the Secretary
of Defense may accept contributions of amounts to the Fund
from any foreign government or international organization.
Any amounts so accepted shall be credited to the Taiwan
Critical Munitions Acquisition Fund and shall be available
for use as authorized under subsection (b).
(B) Limitation.--The Secretary of Defense may not accept a
contribution under this paragraph if the acceptance of the
contribution would compromise, or appear to compromise, the
integrity of any program of the Department of Defense.
(C) Notification.--If the Secretary of Defense accepts any
contribution under this paragraph, the Secretary shall notify
the appropriate committees of Congress. The notice shall
specify the source and amount of any contribution so accepted
and the use of any amount so accepted.
(e) Notification.--
(1) In general.--No amount may be transferred pursuant to
subsection (d)(1)(C) until the date that is 15 days after the
date on which the Secretary of Defense submits to the
appropriate committees of Congress--
(A) notice in writing of the amount and purpose of the
proposed transfer; and
(B) in the case of an authorization pursuant to subsection
(f)(1)(A), a description of the manner in which the use of
critical munitions is necessary to meet national defense
requirements.
(2) Ammunition purchases.--No amounts in the Fund may be
used to purchase ammunition, as authorized by this section,
until the date that is 15 days after the date on which the
Secretary of Defense notifies the appropriate committees of
Congress in writing of the amount and purpose of the proposed
purchase.
(3) Foreign transfers.--No munition purchased using amounts
in the Fund may be transferred to a foreign country until the
date that is 15 days after the date on which the Secretary of
Defense notifies the appropriate committees of Congress in
writing of the proposed transfer.
(f) Limitations.--
(1) Limitation on transfer.--No munition acquired by the
Secretary of Defense using amounts made available from the
Fund pursuant to this section may be transferred to any
foreign country unless such transfer is authorized by the
Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or other
applicable law, except as follows:
(A) The Secretary of Defense, with the concurrence of the
Secretary of State, may authorize the use by the Department
of Defense of munitions acquired under this section prior to
transfer to a foreign country, if such use is necessary to
meet national defense requirements and the Department bears
the costs of replacement and transport, maintenance, storage,
and other such associated costs of such munitions.
(B) Except as required by subparagraph (A), amounts made
available to the Fund may be used to pay for storage,
maintenance, and other costs related to the storage,
preservation, and preparation for transfer of munitions
acquired under this section prior to their transfer, and the
administrative costs of the Department of Defense incurred in
the acquisition of such items, to the extent such costs are
not eligible for reimbursement pursuant to section 43(b) of
the Arms Export Control Act (22 U.S.C. 2792(b)).
(2) Certification requirement.--
(A) In general.--No amounts in the Fund may be used
pursuant to this section unless the President--
(i) certifies to the appropriate committees of Congress
that the Special Defense Acquisition Fund established
pursuant to chapter 5 of the Arms Export Control Act (22
U.S.C. 2795 et seq.) cannot be used to fulfill the same
functions and objectives for which such amounts to be made
available from the Fund are to be used; and
(ii) includes in such certification a justification for the
certification, which may be included in a classified annex,
if necessary.
(B) Nondelegation.--The President may not delegate any
responsibility of the President under subparagraph (A).
(g) Termination.--The authority for the Fund under this
section shall expire on December 31, 2040.
(h) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1299B. INCREASING PRODUCTION CAPACITY FOR WEAPONS FOR
UNITED STATES STOCKPILES.
(a) Report Requirement Relating to Increase in Contracted
Entities.--Section 222c(e) of title 10, United States Code,
as amended by section 1701(c) of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263), is further amended by adding at the end the
following new paragraph:
``(4) Steps taken to increase the number of entities
contracted to supply each class of weapons described in
section 1705(c) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
in order to produce redundancy in the supply of such
weapons.''.
(b) Modification to Quarterly Briefings on Replenishment
and Revitalization of Weapons Provided to Ukraine and
Taiwan.--Section 1703 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
is amended--
[[Page S4844]]
(1) in the section heading, by inserting ``and taiwan''
after ``ukraine'';
(2) in subsection (a), by inserting ``, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives'' after
``congressional defense committees'';
(3) in subsection (d)(2), by inserting ``or Taiwan'' after
``Ukraine'';
(4) in subsection (e), by striking ``December 31, 2026''
and inserting ``December 31, 2040''; and
(5) by striking subsection (f) and inserting the following:
``(f) Covered System.--In this section, the term `covered
system' means--
``(1) any system provided to the Government of Ukraine or
the Government of Taiwan pursuant to--
``(A) section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318); or
``(B) section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364);
``(2) any system provided to the Government of Ukraine
pursuant to the Ukraine Security Assistance Initiative
established under section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
including as amended by this Act, if such system was provided
to Ukraine after February 24, 2022; or
``(3) any system provided to the Government of Taiwan--
``(A) pursuant to section 5502(b) of this Act; or
``(B) that is necessary for a denial defense of Taiwan.''.
(c) Assessment on Expanding National Technology and
Industrial Base.--Section 222d(b) of title 10, United States
Code, as added by section 1701(d)(1) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263), is amended by adding at the end the
following new paragraph:
``(13) An assessment of the feasibility and advisability of
expanding the national technology and industrial base (as
defined in section 4801 of this title) to include entities
outside of the United States, Canada, the United Kingdom, New
Zealand, Israel, and Australia in order to increase the
number of suppliers of weapons described in section 1705(c)
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263), with particular
attention to member states of the North Atlantic Treaty
Organization, treaty allies of the United States in the Indo-
Pacific, and members of the Quadrilateral Security
Dialogue.''.
(d) Minimum Annual Production Levels.--The Secretary of
Defense shall include minimum annual production levels for
weapons described in section 1705(c) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263) in any contract for the procurement of
such weapons entered into on or after the date of the
enactment of this Act.
______
SA 2517. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. PROHIBITION AGAINST UNITED STATES CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS THAT ADVOCATE FOR
SEXUAL ACTIVITY AMONG MINORS.
Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended by inserting after
section 113 the following:
``SEC. 114. PROHIBITION AGAINST UNITED STATES CONTRIBUTIONS
TO INTERNATIONAL ORGANIZATIONS THAT ADVOCATE
FOR SEXUAL ACTIVITY AMONG MINORS.
``Notwithstanding any other provision of law, no assistance
may be provided under this part to--
``(1) any international organization that supports,
advocates for, or seeks to decriminalize sexual relations or
sexual conduct by persons who are younger than the minimum
age of consent (as defined by the national government of the
country in which such persons reside), or condemns laws
prohibiting such behavior; or
``(2) any entity or organization that--
``(A) supports or advocates for the belief that sexual
activity involving persons below the domestically prescribed
minimum age of consent to sex may be consensual in fact even
when it is not consensual under law; or
``(B) opposes any statute that recognizes that persons
below the prescribed age of consent do not have the capacity
to engage in consensual sex under any circumstance.''.
______
SA 2518. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. MODIFICATION OF LIMITATION ON MILITARY-TO-MILITARY
EXCHANGES AND CONTACTS WITH CHINESE PEOPLE'S
LIBERATION ARMY.
Section 1201 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 10 U.S.C. 168 note) is
amended--
(1) in subsection (b)(4), by striking ``Advanced logistical
operations'' and inserting ``Logistical operations''; and
(2) by striking subsection (c).
______
SA 2519. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. ___. COUNTERING THE MILITARY-CIVIL FUSION STRATEGY OF
THE CHINESE COMMUNIST PARTY.
(a) Definitions.--In this section:
(1) Chinese entity of concern.--The term ``Chinese entity
of concern'' means--
(A) any college or university in the People's Republic of
China that is determined by the Secretary of Defense to be
involved in the implementation of the military-civil fusion
strategy, including--
(i) any college or university known as the ``Seven Sons of
National Defense'';
(ii) any college or university that receives funding from--
(I) the People's Liberation Army; or
(II) the Equipment Development Department, or the Science
and Technology Commission, of the Central Military
Commission;
(iii) any college or university in the People's Republic of
China involved in military training and education, including
any such college or university in partnership with the
People's Liberation Army;
(iv) any college or university in the People's Republic of
China that conducts military research or hosts dedicated
military initiatives or laboratories, including such a
college or university designated under the ``double first-
class university plan'';
(v) any college or university in the People's Republic of
China that is designated by the State Administration for
Science, Technology, and Industry for the National Defense to
host ``joint construction'' programs;
(vi) any college or university in the People's Republic of
China that has launched a platform for military-civil fusion
or created national defense laboratories; and
(vii) any college or university in the People's Republic of
China that conducts research or hosts dedicated initiatives
or laboratories for any other related security entity beyond
the People's Liberation Army, including the People's Armed
Police, the Ministry of Public Security, and the Ministry of
State Security;
(B) any enterprise for which the majority shareholder or
ultimate parent entity is the Government of the People's
Republic of China at any level of that government;
(C) any privately owned company in the People's Republic of
China--
(i) that has received a military production license, such
as the Weapons and Equipment Research and Production
Certificate, the Equipment Manufacturing Unit Qualification,
the Weapons and Equipment Quality Management System
Certificate, or the Weapons and Equipment Research and
Production Unit Classified Qualification Permit;
(ii) that is otherwise known to have set up mechanisms for
engaging in activity in support of military initiatives;
(iii) that has a history of subcontracting for the People's
Liberation Army or its affiliates;
(iv) that is participating in, or receiving benefits under,
a military-civil fusion demonstration base; or
(v) that has an owner, director, or a senior management
official who has served as a delegate to the National
People's Congress, a member of the Chinese People's Political
Consultative Conference, or a member of the Central Committee
of the Chinese Communist Party; and
(D) any entity that--
(i) is identified by the Secretary of Defense under section
1260H(a) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note)
as a Chinese military company; and
(ii) is included in the Non-SDN Chinese Military-Industrial
Complex Companies List published by the Department of the
Treasury.
(2) Covered entity.--The term ``covered entity'' means--
(A) any Federal agency that engages in research or provides
funding for research, including the National Science
Foundation and the National Institutes of Health;
(B) any institution of higher education, or any other
private research institution, that receives any Federal
financial assistance; and
(C) any private company headquartered in the United States
that receives Federal financial assistance.
[[Page S4845]]
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given the term in
section 200.1 of title 2, Code of Federal Regulations (or
successor regulations).
(4) Military-civil fusion strategy.--The term ``military-
civil fusion strategy'' means the strategy of the Chinese
Communist Party aiming to mobilize non-military resources and
expertise for military application, including the development
of technology, improvements in logistics, and other uses by
the People's Liberation Army.
(b) Prohibitions.--
(1) In general.--No covered entity may engage with a
Chinese entity of concern in any scientific research or
technical exchange that has a direct bearing on, or the
potential for dual use in, the development of technologies
that the Chinese Communist Party has identified as a priority
of its national strategy of military-civil fusion and that
are listed on the website under subsection (c)(1)(A).
(2) Private partnerships.--No covered entity described in
subsection (a)(2)(C) may form a partnership or joint venture
with another such covered entity for the purpose of engaging
in any scientific research or technical exchange described in
paragraph (1).
(c) Website.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary
of Commerce, shall establish, and periodically update not
less than twice a year, a website that includes--
(A) a list of the specific areas of scientific research or
technical exchange for which the prohibitions under
subsection (b) apply, which shall initially include some or
all aspects of the fields of quantum computing, photonics and
lasers, robotics, big data analytics, semiconductors, new and
advanced materials, biotechnology (including synthetic
biology and genetic engineering), 5G and all future
generations of telecommunications, advanced nuclear
technology (including nuclear power and energy storage),
aerospace technology, and artificial intelligence; and
(B) to the extent practicable, a list of all Chinese
entities of concern.
(2) List of specific areas.--In developing the list under
paragraph (1)(A), the Secretary of Defense shall monitor and
consider the fields identified by the State Administration
for Science, Technology, and Industry for the National
Defense of the People's Republic of China as defense-relevant
and consider, including the more than 280 fields of study
designated as of the date of enactment of this Act, and any
others designated thereafter, as disciplines with national
defense characteristics that have the potential to support
military-civil fusion.
(3) Resources.--In establishing the website under paragraph
(1), the Secretary of Defense may use as a model any existing
resources, such as the China Defense Universities Tracker
maintained by the Australian Strategic Policy Institute,
subject to any other laws applicable to such resources.
(d) Exception.--The prohibitions under subsection (b) shall
not apply to any collaborative study or research project in
fields involving information that would not contribute
substantially to the goals of the military-civil fusion
strategy, as determined by regulations issued by the
Secretary of Defense.
(e) Annual Reporting Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and December 31 of each year
thereafter, each covered entity shall submit to the Secretary
of Defense a report that discloses--
(A) any research relationships the covered entity has with
a Chinese entity of concern or has had during the previous
year;
(B) any research relationships the covered entity has
considered with a Chinese entity of concern during the
previous year and declined; and
(C) any research relationships the covered entity has
terminated with a Chinese entity of concern during the
previous year because the relationship violates subsection
(b) or as a result of related concerns.
(2) Audit.--The Secretary of Defense may enter into a
contract with an independent entity to conduct an audit of
any report submitted under paragraph (1) to ensure compliance
with the requirements of such paragraph.
(f) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, a covered entity described in subparagraph (B) or (C) of
subsection (a)(2) that violates a prohibition under
subsection (b), or violates subsection (e), on or after the
date of enactment of this Act shall be precluded from
receiving any Federal financial assistance on or after the
date of such violation.
(2) Regulations.--The Secretary of Defense, in consultation
with the Secretary of State, the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, the Secretary of Energy, the Secretary of
Education, the Secretary of the Treasury, and the Secretary
of Commerce, shall--
(A) promulgate regulations to enforce the prohibitions
under subsection (b), the auditing requirements under
subsection (e), and the requirement under paragraph (1); and
(B) coordinate with the heads of other Federal agencies to
ensure the enforcement of such prohibitions and requirements.
______
SA 2520. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Uyghur Genocide Accountability and Sanctions Act of 2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Uyghur Genocide
Accountability and Sanctions Act of 2024''.
SEC. 1292. EXPANSION OF SANCTIONS UNDER UYGHUR HUMAN RIGHTS
POLICY ACT OF 2020.
(a) In General.--Section 6 of the Uyghur Human Rights
Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``persons in Xinjiang Uyghur Autonomous Region'' and
inserting ``persons residing in the Xinjiang Uyghur
Autonomous Region or members of those groups in countries
outside of the People's Republic of China'';
(ii) by inserting after subparagraph (F) the following:
``(G) Systematic rape, coercive abortion, forced
sterilization, or involuntary contraceptive implantation
policies and practices.
``(H) Human trafficking for the purpose of organ removal.
``(I) Forced separation of children from their parents to
be placed in boarding schools.
``(J) Forced deportation or refoulement to the People's
Republic of China.'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Additional matters to be included.--The President
shall include in the report required by paragraph (1) an
identification of--
``(A) each foreign person that knowingly provides
significant goods, services, or technology to or for a person
identified in the report; and
``(B) each foreign person that knowingly engages in a
significant transaction relating to any of the acts described
in subparagraphs (A) through (J) of paragraph (1).'';
(2) in subsection (b), by striking ``subsection (a)(1)''
and inserting ``subsection (a)''; and
(3) by amending subsection (d) to read as follows:
``(d) Implementation; Regulatory Authority.--
``(1) Implementation.--The President may exercise all
authorities provided under section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702) to carry out
this section.
``(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as necessary to carry out
this section.''.
(b) Effective Date; Applicability.--The amendments made by
this section--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to the first report required by
section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020
submitted after such date of enactment.
SEC. 1293. SENSE OF CONGRESS ON APPLICATION OF SANCTIONS
UNDER UYGHUR HUMAN RIGHTS POLICY ACT OF 2020.
(a) Finding.--Congress finds that, as of the date of the
enactment of this Act--
(1) the report required by section 6(a)(1) of the Uyghur
Human Rights Policy Act of 2020 (Public Law 116-145; 22
U.S.C. 6901 note) has not been submitted to Congress; and
(2) the sanctions provided for under that Act have not been
employed.
(b) Sense of Congress.--It is the sense of Congress that
the President should employ the sanctions provided for under
the Uyghur Human Rights Policy Act of 2020--
(1) to address ongoing atrocities, in particular the use of
forced labor, in the Xinjiang Uyghur Autonomous Region of the
People's Republic of China; and
(2) to hold officials of the People's Republic of China
accountable for those ongoing atrocities.
SEC. 1294. DENIAL OF UNITED STATES ENTRY FOR INDIVIDUALS
COMPLICIT IN FORCED ABORTIONS OR FORCED
STERILIZATIONS.
Section 801 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (Public Law 106-113; 8 U.S.C. 1182e) is amended--
(1) in subsection (a), by striking ``may not'' each place
it appears and inserting ``shall not'';
(2) by striking subsection (c) and inserting the following:
``(c) Waiver.--The Secretary of State may waive the
prohibitions in subsection (a) with respect to a foreign
national if the Secretary--
``(1) determines that--
``(A) the foreign national is not directly complicit in
atrocities, specifically the oversight of programs or
policies the intent of which is to destroy, in whole or in
part, a national, ethnic, racial, or religious group
[[Page S4846]]
through the use of forced sterilization, forced abortion, or
other egregious population control policies;
``(B) admitting or paroling the foreign national into the
United States is necessary--
``(i) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success on June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the
United States, or other applicable international obligations
of the United States; or
``(ii) to carry out or assist law enforcement activity of
the United States; and
``(C) it is important to the national security interest of
the United States to admit or parole the foreign national
into the United States; and
``(2) provides written notification to the appropriate
congressional committees containing a justification for the
waiver.
``(d) Notice.--The Secretary of State shall make a public
announcement whenever the prohibitions under subsection (a)
are imposed under this section.
``(e) Information Requested by Congress.--The Secretary of
State, upon the request of a Member of Congress, shall
provide--
``(1) information about the use of the prohibitions under
subsection (a), including the number of times such
prohibitions were imposed, disaggregated by country and by
year; or
``(2) a classified briefing that includes information about
the individuals subject to such prohibitions or subject to
sanctions under any other Act authorizing the imposition of
sanctions with respect to the conduct of such individuals.''.
SEC. 1295. PHYSICAL AND PSYCHOLOGICAL SUPPORT FOR UYGHURS,
KAZAKHS, AND OTHER ETHNIC GROUPS.
(a) Authorization.--
(1) In general.--Using funds appropriated to the Department
of State in annual appropriations bills under the heading
``development assistance'', the Secretary of State, in
conjunction and in consultation with the Administrator of the
United States Agency for International Development, is
authorized, subject to the requirements under chapters 1 and
10 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) and section 634A of such Act (22 U.S.C. 2394-
1)--
(A) to provide the assistance described in paragraph (2) to
individuals who--
(i) belong to the Uyghur, Kazakh, Kyrgyz, or another
oppressed ethnic group in the People's Republic of China;
(ii) experienced torture, forced sterilization, rape,
forced abortion, forced labor, or other atrocities in the
People's Republic of China; and
(iii) are residing outside of the People's Republic of
China; and
(B) to build local capacity for the care described in
subparagraph (A) through--
(i) grants to treatment centers and programs in foreign
countries in accordance with section 130(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2152(b)); and
(ii) research and training to health care providers outside
of such treatment centers or programs in accordance with
section 130(c)(2) of such Act.
(2) Authorized assistance.--The assistance described in
this paragraph is--
(A) medical care;
(B) physical therapy; and
(C) psychological support.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that describes--
(1) the direct care or services provided in foreign
countries for individuals described in subsection (a)(1)(A);
and
(2) any projects started or supported in foreign countries
to provide the care or services described in paragraph (1).
(c) Federal Share.--Not more than 50 percent of the costs
of providing the assistance authorized under subsection (a)
may be paid by the United States Government.
SEC. 1296. PRESERVATION OF CULTURAL AND LINGUISTIC HERITAGE
OF ETHNIC GROUPS OPPRESSED BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Finding.--Congress finds that the genocide perpetrated
by officials of the Government of the People's Republic of
China in the Xinjiang Uyghur Autonomous Region aims to erase
the distinct cultural and linguistic heritage of oppressed
ethnic groups.
(b) Sense of Congress.--It is the sense of Congress that
the United States Government should use its diplomatic,
development, and cultural activities to promote the
preservation of cultural and linguistic heritages of ethnic
groups in the People's Republic of China threatened by the
Chinese Communist Party.
(c) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States
Agency for International Development, shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that assesses the feasibility of establishing a
grant program to assist communities facing threats to their
cultural and linguistic heritage from officials of the
Government of the People's Republic of China.
(d) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 for each of fiscal years 2024
through 2027, to support the establishment of a Repressed
Cultures Preservation Initiative within the Smithsonian
Institution to pool Institution-wide efforts toward research,
exhibitions, and education related to the cultural and
linguistic heritage of ethnic and religious groups the
cultures of which are threatened by repressive regimes,
including the Chinese Communist Party.
SEC. 1297. DETERMINATION OF WHETHER ACTIONS OF CERTAIN
CHINESE ENTITIES MEET CRITERIA FOR IMPOSITION
OF SANCTIONS.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State and the Attorney
General, shall--
(1) determine whether any entity specified in subsection
(b)--
(A) is responsible for or complicit in, or has directly or
indirectly engaged in, serious human rights abuses against
Uyghurs or other predominantly Muslim ethnic groups in the
Xinjiang Uyghur Autonomous Region of the People's Republic of
China; or
(B) meets the criteria for the imposition of sanctions
under--
(i) the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 10101 et seq.);
(ii) section 6 of the Uyghur Human Rights Policy Act of
2020 (Public Law 116-145; 22 U.S.C. 6901 note);
(iii) section 105, 105A, 105B, or 105C of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010
(22 U.S.C. 8514, 8514a, 8514b, and 8514c);
(iv) Executive Order 13818 (50 U.S.C. 1701 note; relating
to blocking the property of persons involved in serious human
rights abuse or corruption), as amended on or after the date
of the enactment of this Act; or
(v) Executive Order 13553 (50 U.S.C. 1701 note; relating to
blocking property of certain persons with respect to serious
human rights abuses by the Government of Iran and taking
certain other actions), as amended on or after the date of
the enactment of this Act;
(2) if the Secretary of the Treasury determines under
paragraph (1) that an entity is responsible for or complicit
in, or has directly or indirectly engaged in, serious human
rights abuses described in subparagraph (A) of that paragraph
or meets the criteria for the imposition of sanctions
described in subparagraph (B) of that paragraph, include the
entity on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets
Control; and
(3) submit to Congress a report on that determination that
includes the reasons for the determination.
(b) Entities Specified.--An entity specified in this
subsection is any of the following:
(1) Hangzhou Hikvision Digital Technology Co., Ltd.
(2) Shenzhen Huada Gene Technology Co., Ltd. (BGI Group).
(3) Tiandy Technologies Co., Ltd.
(4) Zhejiang Dahua Technology Co., Ltd.
(5) China Electronics Technology Group Co.
(6) Zhejiang Uniview Technologies Co., Ltd.
(7) ByteDance Ltd.
(c) Form of Report.--The report required by subsection
(a)(3) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 1298. COUNTERING PROPAGANDA FROM THE PEOPLE'S REPUBLIC
OF CHINA ABOUT GENOCIDE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State, in
conjunction with the United States Agency for Global Media,
shall submit a strategy to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives for countering propaganda and other
messaging from news and information sources associated with
the Government of the People's Republic of China or entities
associated with the Chinese Communist Party or influenced by
the Chinese Communist Party or the Government of the People's
Republic of China that--
(1) deny the genocide, crimes against humanity, and other
egregious human rights abuses experienced by Uyghurs and
other predominantly Muslim ethnic groups in the Xinjiang
Uyghur Autonomous Region;
(2) spread propaganda regarding the role of the United
States Government in imposing economic and reputational costs
on the Chinese Communist Party or the Government of the
People's Republic of China for its ongoing genocide;
(3) target Uyghurs and other people who publicly oppose the
Government of the People's Republic of China's genocidal
policies and forced labor practices, including the detention
and intimidation of their family members; or
(4) increase pressure on member countries of the United
Nations to deny or defend genocide or other egregious
violations of internationally recognized human rights in the
People's Republic of China within international organizations
and multilateral fora, including at the United Nations Human
Rights Council.
(b) Strategy Elements.--The strategy required under
subsection (a) shall include--
(1) existing messaging strategies and specific broadcasting
efforts to counter the propaganda described in paragraphs (1)
and (2) of subsection (a) and the reach of such
[[Page S4847]]
strategies and efforts to audiences targeted by such
propaganda;
(2) specific metrics used for determining the success or
failure of the messaging strategies and broadcasting efforts
described in paragraph (1) and an analysis of the impact of
such strategies and efforts;
(3) a description of any new or pilot messaging strategies
and broadcasting efforts expected to be implemented during
the 12-month period beginning on the date of the enactment of
this Act and an explanation of the need for such strategies
and efforts;
(4) measurable goals to be completed during the 12-month
period beginning on the date of the enactment of this Act and
tangible outcomes for expanding broadcasting efforts and
countering propaganda; and
(5) estimates of additional funding needed to counter the
propaganda described in paragraphs (1) and (2) of subsection
(a).
(c) Funding.--The Secretary of State is authorized to use
amounts made available for the Countering PRC Influence Fund
under section 7043(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103) to develop and carry out
the strategy required under subsection (a).
SEC. 1299. DOCUMENTING ATROCITIES IN THE XINJIANG UYGHUR
AUTONOMOUS REGION.
The Secretary of State and the Administrator of the United
States Agency for International Development may provide
assistance, including financial and technical assistance, as
necessary and appropriate, to support the efforts of
entities, including nongovernmental organizations with
expertise in international criminal investigations and law,
to address genocide, crimes against humanity, and their
constituent crimes by the Government of the People's Republic
of China by--
(1) collecting, documenting, and archiving evidence,
including the testimonies of victims and visuals from social
media, and preserving the chain of custody for such evidence;
(2) identifying suspected perpetrators of genocide and
crimes against humanity;
(3) conducting criminal investigations of atrocity crimes,
including by developing indigenous investigative and judicial
skills through partnerships, direct mentoring, and providing
the necessary equipment and infrastructure to effectively
adjudicate cases for use in prosecutions in domestic courts,
hybrid courts, and internationalized domestic courts;
(4) supporting investigations conducted by foreign
countries, civil society groups, and multilateral
organizations, such as the United Nations; and
(5) supporting and protecting witnesses participating in
such investigations.
SEC. 1300. PROHIBITION ON CERTAIN UNITED STATES GOVERNMENT
AGENCY CONTRACTS.
(a) Prohibition.--The head of an executive agency may not
enter into a contract for the procurement of goods or
services with or for any of the following:
(1) Any person identified in the report required by section
6(a)(1) of the Uyghur Human Rights Policy Act of 2020 (Public
Law 116-145; 22 U.S.C. 6901 note).
(2) Any person that mined, produced, or manufactured goods,
wares, articles, and merchandise detained and denied entry
into the United States by U.S. Customs and Border Protection
pursuant to section 3 of the Act entitled ``An Act to ensure
that goods made with forced labor in the Xinjiang Autonomous
Region of the People's Republic of China do not enter the
United States market, and for other purposes'', approved
December 23, 2021 (Public Law 117-78; 22 U.S.C. 6901 note)
(commonly referred to as the ``Uyghur Forced Labor Prevention
Act'').
(3) Any person that the head of the executive agency
determines, with the concurrence of the Secretary of State,
facilitates the genocide and human rights abuses occurring in
the Xinjiang Uyghur Autonomous Region of the People's
Republic of China.
(4) Any person, program, project, or activity that--
(A) contributes to forced labor, particularly through the
procurement of any goods, wares, articles, and merchandise
mined, produced, or manufactured wholly, or in part, in the
Xinjiang Uyghur Autonomous Region or by the forced labor of
ethnic Uyghurs or other persecuted individuals or groups in
the People's Republic of China; or
(B) violates internationally recognized labor rights of
individuals or groups in the People's Republic of China.
(b) Consultations.--The head of each executive agency shall
consult with the Forced Labor Enforcement Task Force,
established under section 741 of the United States-Mexico-
Canada Agreement Implementation Act (19 U.S.C. 4681), with
respect to the implementation of subsection (a)(2).
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
a report on the implementation of this section to--
(1) the Committee on Finance, the Committee on Foreign
Relations, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means, the Committee on
Foreign Affairs, and the Committee on Oversight and
Accountability of the House of Representatives.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given the term in
section 133 of title 41, United States Code.
SEC. 1301. DISCLOSURES TO SECURITIES AND EXCHANGE COMMISSION
OF CERTAIN ACTIVITIES RELATED TO XINJIANG
UYGHUR AUTONOMOUS REGION.
(a) Amendment of Requirements for Applications To Register
on National Securities Exchanges.--Section 12 of the
Securities Exchange Act of 1934 (15 U.S.C. 78l) is amended by
adding at the end the following:
``(m) Reporting of Certain Activities Relating to the
Xinjiang Uyghur Autonomous Region.--
``(1) Definition.--In this subsection, the term `covered
entity' means any entity that is--
``(A) engaged in providing technology or other assistance
to create mass-population surveillance systems in the
Xinjiang Uyghur Autonomous Region of the People's Republic of
China;
``(B) an entity operating in the People's Republic of China
that is on the Entity List maintained by the Bureau of
Industry and Security of the Department of Commerce and set
forth in Supplement No. 4 to part 744 of title 15, Code of
Federal Regulations;
``(C) an individual residing in the People's Republic of
China or an entity operating in the People's Republic of
China that is on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury;
``(D) constructing or operating detention facilities for
Uyghurs in the Xinjiang Uyghur Autonomous Region;
``(E) a foreign person identified in the report submitted
under section 5(c) of the Act entitled `An Act to ensure that
goods made with forced labor in the Xinjiang Autonomous
Region of the People's Republic of China do not enter the
United States market, and for other purposes', approved
December 23, 2021 (Public Law 117-78; 22 U.S.C. 6901 note)
(commonly referred to, and referred to in this subsection, as
the `Uyghur Forced Labor Prevention Act');
``(F) engaged in the `pairing assistance' program that
subsidizes the establishment of manufacturing facilities in
the Xinjiang Uyghur Autonomous Region;
``(G) the Xinjiang Production and Construction Corps;
``(H) operating in the People's Republic of China and
producing goods subject to a withhold release order issued by
U.S. Customs and Border Protection pursuant to section 307 of
the Tariff Act of 1930 (19 U.S.C. 1307);
``(I) on a list required by clause (i), (ii), (iv), or (v)
of section 2(d)(2)(B) of the Uyghur Forced Labor Prevention
Act;
``(J) any person the property and interests in property of
which have been blocked, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any
other provision of law, for actions relating to the detention
or abuse of Uyghurs and other predominantly Muslim ethnic
groups in the Xinjiang Uyghur Autonomous Region;
``(K) an individual residing in the People's Republic of
China, or an entity operating in the People's Republic of
China, the property and interests in property of which have
been blocked pursuant to section 1263 of the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10102);
``(L) any person responsible for, or complicit in, the
commission of atrocities in the Xinjiang Uyghur Autonomous
Region; or
``(M) an affiliate of an entity described in any of
subparagraphs (A) through (L).
``(2) Issuance of rules.--Not later than 180 days after the
date of enactment of this subsection, the Commission shall
issue rules--
``(A) to require an issuer filing an application to
register a security with a national securities exchange--
``(i) to include in the application the documentation
described in paragraph (3); and
``(ii) to file the application and documentation with the
Commission;
``(B) to require an issuer to file a report with the
Commission containing the documentation described in
paragraph (3) if the securities of the issuer are not listed
on a national securities exchange and merges with another
issuer, the securities of which are listed on such an
exchange; and
``(C) to require an issuer filing a registration statement
under subsection (g) to include with that statement the
documentation described in paragraph (3).
``(3) Documentation required.--
``(A) Significant transactions.--With respect to an issuer,
the documentation described in this paragraph is
documentation showing that neither the issuer nor any
affiliate of the issuer, directly or indirectly, has engaged
in a significant transaction with a covered entity.
``(B) Transparent documentation of supply chain links.--In
issuing rules under paragraph (2), in addition to the
documentation required under subparagraph (A), the Commission
shall also require an issuer to which those rules apply to
document the name (in English and in the most commonly spoken
language of the country in which the issuer is incorporated,
if other than English) and address of, and sourcing
quantities from, each smelter, refinery, farm, or
manufacturing facility (as appropriate)--
``(i) with which the issuer has a business relationship;
and
``(ii) that is owned or operated by--
``(I) a person located in the Xinjiang Uyghur Autonomous
Region; or
``(II) a person working with the Government of the Xinjiang
Uyghur Autonomous Region to recruit, transport, transfer,
harbor, or receive labor of Uyghurs, Kazakhs, Kyrgyz, or
members of other persecuted
[[Page S4848]]
groups out of the Xinjiang Uyghur Autonomous Region.
``(4) Independent verification of documentation.--In
issuing rules under paragraph (1), the Commission shall--
``(A) require an issuer to obtain independent verification
of the documentation described in paragraph (3) by a third-
party auditor approved by the Commission, before the filing
of an application, report, or registration statement
containing the documentation; and
``(B) require that the identity of the third-party auditor
described in subparagraph (A) remain confidential.
``(5) Public availability of documentation.--The Commission
shall make all documentation received under this subsection
available to the public.
``(6) Penalty.--With respect to an application or report
described in paragraph (2), if an issuer fails to comply with
the requirements of this subsection (including any
misrepresentation of the information described in paragraph
(3))--
``(A) in the case of an application described in paragraph
(2)(A)--
``(i) the applicable national securities exchange may not
approve the application; and
``(ii) the issuer may not refile the application for 1
year; and
``(B) in the case of a report described in paragraph (1)(B)
or a registration statement described in paragraph (1)(C)--
``(i) the President shall--
``(I) make a determination with respect to whether--
``(aa) the Secretary of the Treasury should initiate an
investigation with respect to the imposition of sanctions
under the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 10101 et seq.); or
``(bb) the Attorney General should initiate an
investigation under any provision of law intended to hold
accountable individuals or entities involved in the
importation of goods produced using forced labor, including
section 545, 1589, or 1761 of title 18, United States Code;
and
``(II) not later than 180 days after initiating an
investigation described in subclause (I), make a
determination with respect to whether--
``(aa) to impose sanctions under the Global Magnitsky Human
Rights Accountability Act with respect to the issuer or
affiliate of the issuer (as the case may be); or
``(bb) to refer the case to the Department of Justice or
another relevant Federal agency for further investigation.
``(7) Reports.--
``(A) Annual report to congress.--The Commission shall--
``(i) conduct an annual assessment of the compliance of
issuers with the requirements of this subsection; and
``(ii) submit to Congress a report containing the results
of each assessment conducted under clause (i).
``(B) Government accountability office report.--The
Comptroller General of the United States shall periodically
evaluate and report to Congress on the effectiveness of the
oversight by the Commission of the requirements of this
subsection.
``(8) Sunset.--The provisions of this subsection shall
terminate on the date that is 30 days after the date on which
the President submits the determination described in section
6(2) of the Uyghur Forced Labor Prevention Act.''.
(b) Amendments of Periodical Reporting Requirements for
Issuers on National Securities Exchanges.--Section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by
adding at the end the following:
``(t) Disclosure of Certain Activities Relating to Xinjiang
Uyghur Autonomous Region of the People's Republic of China.--
``(1) In general.--Each issuer required to file an annual
or quarterly report under subsection (a) shall disclose in
that report the information required by paragraph (2) if,
during the period covered by the report, the issuer or any
affiliate of the issuer engaged, directly or indirectly, in
an activity (including through a business relationship,
ownership interest, or other financial or personal interest)
with a covered entity, as defined in section 12(m).
``(2) Information required.--If an issuer or an affiliate
of an issuer has engaged, directly or indirectly, in any
activity described in paragraph (1), the issuer shall
disclose a detailed description of each such activity,
including--
``(A) the nature and extent of the activity;
``(B) the gross revenues and net profits, if any,
attributable to the activity; and
``(C) whether the issuer or the affiliate of the issuer (as
the case may be) intends to continue the activity.
``(3) Notice of disclosures.--If an issuer reports under
paragraph (1) that the issuer or an affiliate of the issuer
has engaged in any activity described in that paragraph, the
issuer shall separately file with the Commission,
concurrently with the annual or quarterly report under
subsection (a), a notice that the disclosure of that activity
has been included in that annual or quarterly report that
identifies the issuer and contains the information required
under paragraph (2).
``(4) Public disclosure of information.--Upon receiving a
notice under paragraph (3) that an annual or quarterly report
includes a disclosure of an activity described in paragraph
(1), the Commission shall promptly--
``(A) transmit the report to--
``(i) the President;
``(ii) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
``(iii) the Committee on Foreign Affairs and the Committee
on Financial Services of the House of Representatives; and
``(B) make the information provided in the disclosure and
the notice available to the public by posting the information
on the internet website of the Commission.
``(5) Investigations.--Upon receiving a report under
paragraph (4) that includes a disclosure of an activity
described in paragraph (1) by an issuer or an affiliate of
the issuer, the President shall--
``(A) make a determination with respect to whether--
``(i) the Secretary of the Treasury should initiate an
investigation with respect to the imposition of sanctions
under the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 10101 et seq.); or
``(ii) the Attorney General should initiate an
investigation under any provision of law intended to hold
accountable individuals or entities involved in the
importation of goods produced using forced labor, including
section 545, 1589, or 1761 of title 18, United States Code;
and
``(B) not later than 180 days after initiating such an
investigation, make a determination with respect to whether--
``(i) to impose sanctions under the Global Magnitsky Human
Rights Accountability Act with respect to the issuer or
affiliate of the issuer (as the case may be); or
``(ii) to refer the case to the Department of Justice or
another relevant Federal agency for further investigation.
``(6) Sunset.--The provisions of this subsection shall
terminate on the date that is 30 days after the date on which
the President submits the determination described in section
6(2) of the Act entitled `An Act to ensure that goods made
with forced labor in the Xinjiang Autonomous Region of the
People's Republic of China do not enter the United States
market, and for other purposes', approved December 23, 2021
(Public Law 117-78; 22 U.S.C. 6901 note).''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to any application, registration
statement, or report required to be filed with the Securities
and Exchange Commission after the date that is 180 days after
the date of enactment of this Act.
______
SA 2521. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. NEGOTIATIONS WITH UKRAINE FOR ESTABLISHMENT OF
FOREIGN INVESTMENT REVIEW MECHANISM.
(a) In General.--The Secretary of State shall seek to enter
into negotiations with the Government of Ukraine for--
(1) the establishment by that Government of a mechanism for
reviewing foreign investment in Ukraine, particularly foreign
investment from the People's Republic of China, including
entities based in the People's Republic of China or subject
to the jurisdiction of the People's Republic of China, that
is similar to reviews conducted by the Committee on Foreign
Investment in the United States under section 721 of the
Defense Production Act of 1950 (50 U.S.C. 4565) into foreign
investment in the United States; and
(2) the provision of assistance by the United States
relating to establishing that mechanism, including--
(A) the provision of training to officials of the
Government of Ukraine to develop the skillsets required to
conduct reviews of foreign investment;
(B) assistance with the purchase of equipment required by
the entity that will be conducting the reviews; and
(C) sending staff of the Committee on Foreign Investment in
the United States to Ukraine for consultations.
(b) Direct Hire Authority.--To carry out subsection (a),
the Secretary may appoint, without regard to the provisions
of subchapter I of chapter 33 of title 5, United States Code
(other than sections 3303 and 3328 of that title), candidates
with appropriate qualifications directly to positions within
the Department of State.
(c) Authorization of Appropriations.--There are authorized
to be appropriated $1,000,000 for each of fiscal year 2025
through 2029 to provide assistance under subsection (a)(2).
(d) Termination.--This section and the authorities provided
under this section shall terminate on the date that is 5
years after the date of the enactment of this Act.
______
SA 2522. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal
[[Page S4849]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of title XII, add the following:
Subtitle G--PLO and PA Terror Payments Accountability Act of 2024
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``PLO and PA Terror
Payments Accountability Act of 2024''.
SEC. 1292. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The Palestine Liberation Organization and the
Palestinian Authority provide hundreds of millions of dollars
per year in payments, salaries, and benefits to terrorists
and the families of terrorists as part of a system
compensation that incentivizes, encourages, rewards, and
supports acts of terrorism.
(2) The Palestine Liberation Organization and the
Palestinian Authority policies, laws, and regulations that
direct, authorize, enact, facilitate, and implement a system
of compensation in support of acts of terrorism require
payments, salaries, and benefits to terrorists including
those who are members and part of organizations designated as
foreign terrorist organizations by the Secretary of State
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189), including Hamas and Islamic Jihad, that receive
direct support including financial and military assistance
from Iran, the leading state sponsor of terrorism in the
world.
(3) In 2018, Congress passed the Taylor Force Act (title X
of division S of Public Law 115-141; 132 Stat. 1143) into law
that calls on the Palestine Liberation Organization and the
Palestinian Authority to end their system of compensation
that incentivizes, encourages, rewards, and supports acts of
terrorism and restricts United States assistance ``that
directly benefits the Palestinian Authority'' unless the
Secretary of State certifies to Congress that the Palestine
Liberation Organization and the Palestinian Authority have
met specific conditions including terminating that system of
compensation and revoking the policies, laws, and regulations
that authorize and implement the system of compensation.
(4) Despite the enactment of the Taylor Force Act, the
Palestine Liberation Organization and the Palestinian
Authority have continued their system of compensation that
incentivizes, encourages, rewards, and supports acts of
terrorism.
(5) On October 7, 2023, Hamas, Islamic Jihad, and other
Gaza-based terrorist organizations attacked Israel on Shabbat
and during the Jewish holiday of Simchat Torah, committing
the deadliest attack on the Jewish people since the
Holocaust.
(6) On October 7, 2023, Hamas fired thousands of rockets
into Israel, deliberately targeting Israeli civilians, and
thousands of terrorists invaded Israeli communities--
massacring, raping, torturing, decapitating, burning alive,
seriously injuring, and kidnapping Israelis and Americans,
including men, women, children, babies, and grandparents, and
including Holocaust survivors, with children being murdered
in front of their parents and parents being murdered in front
of their children.
(7) On October 7, 2023, Hamas murdered more than 1,200 who
were mostly civilians, and kidnapped more than 240, including
Israeli and American men, women, children, babies, and
grandparents, and took them to Gaza as hostages.
(b) Statement of Policy.--It shall be the policy of the
United States to hold the Palestine Liberation Organization
and the Palestinian Authority accountable including through
the imposition of sanctions for providing payments, salaries,
and benefits to terrorists and the families of terrorists as
part of a system compensation that incentivizes, encourages,
rewards, and supports acts of terrorism.
SEC. 1293. DEFINITIONS.
In this subtitle:
(1) Act of terrorism.--The term ``act of terrorism''--
(A) means an act of international terrorism (as defined in
section 2331 of title 18, United States Code); and
(B) includes the meanings given the terms ``terrorist
activity'' and ``engage in terrorist activity'' by section
212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means any
person or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) System of compensation.--The term ``system of
compensation'', with respect to the Palestinian Authority and
the Palestinian Liberation Organization, means the payments
described in subparagraph (B) of section 1004(a)(1) of the
Taylor Force Act (22 U.S.C. 2378c-1) and the system of
compensation described in subparagraph (C) of that section.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) a person in the United States.
SEC. 1294. IMPOSITION OF SANCTIONS ON CERTAIN FOREIGN PERSONS
SUPPORTING TERRORISM.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and an ongoing basis thereafter,
the President shall impose the sanctions described in
subsection (b) on--
(1) any foreign person that--
(A) has served in a position as a representative, minister,
official, or employee of the Palestine Liberation
Organization, the Palestinian Authority, or any other foreign
person that has directed, authorized, been responsible for,
materially assisted with, enacted, implemented, or otherwise
facilitated the Palestine Liberation Organization and the
Palestinian Authority system of compensation supporting acts
of terrorism; or
(B) has provided payments, salaries, and benefits to
terrorists and the families of terrorists as part of the
Palestine Liberation Organization and the Palestinian
Authority system of compensation supporting acts of
terrorism;
(2) any entity that directly or indirectly has operated,
ordered, controlled, directed, or otherwise facilitated the
Palestine Liberation Organization and the Palestinian
Authority system of compensation supporting acts of terrorism
including the Commission of Prisoners and Released Prisoners,
the Institute for the Care of the Families of the Martyrs and
the Wounded, the Palestine National Fund, National
Association of the Families of the Martyrs of Palestine, or
any successor, agency, instrumentality, organization, or
affiliated entities thereof; or
(3) any foreign person that has knowingly provided
significant financial, technological, or material support and
resources support to, or knowingly engaged in a significant
transaction with a foreign person described in subparagraphs
(1) or (2).
(b) Sanctions Described.--The sanctions that shall be
imposed with respect to a foreign person described a
subsection (a) are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) 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.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(iii) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of this section or any regulations
promulgated to carry out this section to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(c) Congressional Requests.--Not later than 30 days after
receiving a request from the chairman or ranking member of
one of the appropriate congressional committees with respect
to whether a person meets the criteria of a person described
in subsection (a), the President shall--
(1) determine if the person meets such criteria; and
(2) submit a classified or unclassified report to the
chairman or ranking member, that submitted the request with
respect to that determination that includes a statement of
whether or not the President imposed or intends to impose
sanctions with respect to the person.
(d) Implementation; Regulations.--
(1) In general.--The President may exercise all authorities
provided under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for
purposes of carrying out this section.
(2) Regulations.--Not later than 60 days after the date of
the enactment of this Act, the President shall issue such
regulations or other guidance as may be necessary for the
implementation of this section.
[[Page S4850]]
(e) Definitions.--In this section:
(1) Material support or resources.--The term ``material
support or resources'' has the meaning given that term in
section 2339A(b) of title 18, United States Code.
SEC. 1295. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS THAT FACILITATE TRANSACTIONS
SUPPORTING TERRORISM.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and on an ongoing basis
thereafter, the President shall impose the sanctions
described in subsection (c) with respect to each foreign
financial institution that engages in the activities
described in subsection (b).
(b) Activities Described.--A foreign financial institution
engages in an activity described in this subsection if the
institution--
(1) processes, participates in, facilitates, or provides a
transaction that are payments, salaries, or benefits, or any
other conduct described in section 1294(a); or
(2) knowingly conducted or facilitated any significant
financial transaction with any foreign person subject to
sanctions under section 1294(a).
(c) Sanctions Described.--The President shall prohibit the
opening, and prohibit or impose strict donations on the
maintaining, in the United States of a correspondent account
or a payable-through account by a foreign financial
institution described in subsection (a).
(d) Definitions.--In this section:
(1) Correspondent account; payable-through account.--The
terms ``correspondent account'' and ``payable-through
account'' have the meanings given those terms in section
5318A of title 31, United States Code.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to
section 104(i) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(i)).
SEC. 1296. TERMINATION.
The provisions of this subtitle shall have no force or
effect only if the Secretary of State certifies in writing to
the appropriate congressional committees that the Palestine
Liberation Organization and the Palestinian Authority system
of compensation providing payments, salaries, and benefits to
terrorists and the families of terrorists that incentivizes,
encourages, rewards, and supports acts of terrorism as
described in this subtitle, has ceased to be in effect and is
no longer taking place.
______
SA 2523. Mr. KELLY (for himself and Mr. Cotton) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. MODIFICATION OF STUDY ON THE INCIDENCE OF CANCER
DIAGNOSIS AND MORTALITY AMONG MILITARY AVIATORS
AND AVIATION SUPPORT PERSONNEL.
Section 750 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021(Public Law
116-283; 134 Stat. 3717) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) Phase 3.--
``(A) In general.--Immediately following completion of the
studies under paragraphs (2) and (3), the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
seek to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine (in this section
referred to as the `National Academies'), under which the
National Academies shall--
``(i) conduct a study to identify exposures associated with
military occupations of covered individuals, including
relating to chemicals, compounds, agents, and other
phenomena; and
``(ii) conduct a review of the studies under paragraphs (2)
and (3).
``(B) Elements.--The study and review conducted pursuant to
the agreement entered into under subparagraph (A) shall
address the following:
``(i) The associations between exposures referred to in
subparagraph (A)(i) and the incidence or prevalence of
overall cancer morbidity, overall cancer mortality, and
increased incidence or prevalence of the following:
``(I) Brain cancer.
``(II) Colon and rectal cancers.
``(III) Kidney cancer.
``(IV) Lung cancer.
``(V) Melanoma skin cancer.
``(VI) Non-Hodgkin lymphoma.
``(VII) Pancreatic cancer.
``(VIII) Prostate cancer.
``(IX) Testicular cancer.
``(X) Thyroid cancer.
``(XI) Urinary bladder cancer.
``(XII) Other cancers as determined appropriate by the
Secretary of Veterans Affairs, in consultation with the
National Academies.
``(ii) To the extent possible, the prevalence of and
mortality from the cancers specified in clause (i) among
Veteran Aviators.
``(iii) The unique needs and challenges faced by Veteran
Aviators in relation to cancer.
``(iv) The current services the Department of Veterans
Affairs provides for Veteran Aviators affected by cancer,
including the following:
``(I) Disability compensation.
``(II) Availability and quality of cancer treatment
facilities and specialists.
``(III) Outreach and education efforts to inform veterans
about available services.
``(IV) Coordination of care between Department and non-
Department health care providers.
``(v) Existing policies and protocols regarding cancer
prevention, early detection, and treatment within the
military and veteran communities.
``(vi) Gaps in current research on military-related cancer
risks and proposals for future research directions to address
those gaps.
``(vii) Recommendations as follows:
``(I) On ways the Department of Defense and the Department
of Veterans Affairs can improve targeted interventions,
screening protocols, and preventive measures to reduce cancer
incidence and mortality among covered individuals, Veteran
Aviators, and members of the Armed Forces on active duty,
including the following:
``(aa) Implementing advanced screening technologies and
protocols specific to high-risk groups.
``(bb) Enhancing training programs for medical personnel on
recognizing and managing military-related cancer risks.
``(cc) Increasing funding for research on cancer prevention
and treatment relevant to exposures while serving in the
Armed Forces.
``(dd) Developing comprehensive wellness programs aimed at
reducing cancer risk factors among covered individuals.
``(II) On ways for the Department of Veterans Affairs to
improve care for Veteran Aviators affected by cancer,
including the following:
``(aa) Strengthening support systems for veterans and their
families, including counseling and financial assistance.
``(bb) Enhancing data collection and analysis to better
track cancer outcomes and improve service delivery.
``(cc) Implementing patient-centered care models to address
the unique needs of veteran cancer patients.
``(III) On legislative or regulatory changes needed to
support the implementation of the recommendations specified
under subclauses (I) and (II), including potential changes to
existing laws and policies to facilitate improved care and
research initiatives.
``(C) Report.--At the conclusion of the study and review
required under subparagraph (A), the National Academies shall
submit to the Secretary of Defense, the Secretary of Veterans
Affairs, and the appropriate committees of Congress a report
containing the results of the study and review.''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(4) The term `Veteran Aviator' means an individual who
served on active duty in the Army, Navy, Air Force, or Marine
Corps as an aircrew member of a fixed-wing aircraft,
including as a pilot, navigator, weapons systems operator,
aircraft system operator, or as any other crew member who
regularly flew in a fixed-wing aircraft.''.
______
SA 2524. Mr. WARNOCK (for himself and Mr. Cruz) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2823. MODIFICATION OF ANNUAL REPORT ON PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subsection (c) of section 2884 of title
10, United States Code, is amended by adding at the end the
following new paragraphs:
``(15) An overview of the housing data being used by the
Department and the housing data being sought from management
companies.
``(16) An assessment of how the Secretary of each military
department is using such data to inform the on-base housing
decisions for such military department.
``(17) An explanation of the limitations of any customer
satisfaction data collected, including with respect to
available survey data, the process for determining resident
satisfaction, and reasons for missing data.''.
(b) Public Reporting.--Such subsection is further amended--
(1) in paragraph (14), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) through (17) as
subparagraphs (A) through (Q), respectively;
(3) in subparagraph (E), as redesignated by paragraph (2),
by striking ``paragraphs (1)
[[Page S4851]]
through (4)'' and inserting ``subparagraphs (A) through
(D)'';
(4) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The Secretary'' and inserting
``(1) The Secretary''; and
(5) by adding at the end the following new paragraph:
``(2) Not later than 30 days after submitting a report
under paragraph (1), the Secretary of Defense shall publish
the report on a publicly available website of the Department
of Defense.''.
(c) Conforming Amendment.--Subsection (d)(1) of such
section is amended by striking ``paragraphs (1) through (14)
of subsection (c)'' and inserting ``subparagraphs (A) through
(Q) of subsection (c)(1)''.
______
SA 2525. Mr. WARNOCK (for himself, Mr. Budd, Mr. Tillis, Ms. Lummis,
and Mr. Brown) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION _____--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS
SEC. ___01. SHORT TITLE.
This division may be cited as the ``Fair Debt Collection
Practices for Servicemembers Act''.
SEC. ___02. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in section
987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated, discharged, or
released from duty described in such section 987(i)(1), but
only during the 365-day period beginning on the date of
separation, discharge, or release; or
``(ii) a person, with respect to an individual described in
clause (i), described in subparagraph (A), (D), (E), or (I)
of section 1072(2) of title 10, United States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced in rank;
``(B) threaten to have the covered member's security
clearance revoked; or
``(C) threaten to have the covered member prosecuted under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by
adding at the end the following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a
debt collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).''.
SEC. ___03. GAO STUDY.
The Comptroller General of the United States shall conduct
a study and submit a report to Congress on the impact of this
division on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by this division);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be impacted by
uncollected debt.
______
SA 2526. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
Strike section 352 and insert the following:
SEC. 352. MODIFICATION OF REQUIREMENTS FOR PROTECTION OF
CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 130i of title 10, United States Code, is amended--
(1) in subsection (e)(4)--
(A) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) would support another Federal agency with authority
to mitigate the threat of unmanned aircraft or unmanned
aircraft systems in mitigating such threats; or'';
(2) by redesignating subsections (g) through (j) as
subsections (h) through (k), respectively;
(3) by inserting after subsection (f) the following new
subsection:
``(g) Exemption From Disclosure.--Information pertaining to
the technology, procedures, and protocols used to carry out
this section, including any regulations or guidance issued to
carry out this section, shall be exempt from disclosure under
section 552(b)(3) of title 5 and any State or local law
requiring the disclosure of information.'';
(4) in subsection (j), as designated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking ``subsection (j)(3)(C)'' and inserting
``subsection (k)(3)(C)''; and
(ii) by striking ``December 31, 2026'' and inserting
``December 31, 2027''; and
(B) in paragraph (2)--
(i) by striking ``180 days'' and inserting ``one year'';
and
(ii) by striking ``November 15, 2026'' and inserting
``November 15, 2027''; and
(5) in subsection (k)(3), as so redesignated--
(A) in clause (viii), by striking ``; or'' and inserting a
semicolon;
(B) in clause (ix)--
(i) by striking ``sections'' and inserting ``section''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following new clauses:
``(x) protection of the buildings, grounds, and property to
which the public are not permitted regular, unrestricted
access and that are under the jurisdiction, custody, or
control of the Department of Defense and the persons on that
property pursuant to section 2672 of this title;
``(xi) assistance to Federal, State, or local officials in
responding to incidents involving nuclear, radiological,
biological, or chemical weapons, high-yield explosives, or
related materials or technologies, including pursuant to
section 282 of this title or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq);
``(xii) transportation, storage, treatment, and disposal of
explosives by the Department pursuant to section 2692(b) of
this title; or
``(xiii) emergency response that is limited to a specified
timeframe and location.''.
______
SA 2527. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle I of title V, add the insert the
following:
SEC. 597B. PROGRAM OF MILITARY RECRUITMENT AND EDUCATION AT
THE NATIONAL SEPTEMBER 11 MEMORIAL AND MUSEUM.
(a) Authority.--Not later than September 30, 2025, the
Secretary of Defense shall seek to enter into an agreement
with the entity that operates the National September 11
Memorial and Museum (in this section referred to as ``the
Museum'') under which the Secretary and such entity shall
carry out a program at the Museum to promote military
recruitment and education.
(b) Program.--A program under subsection (a) shall include
the following:
(1) Provision by the Secretary to such entity of
informational materials to promote enlistment in the covered
Armed Forces for distribution at the Museum.
(2) Education and exhibits, developed jointly by the
Secretary and such entity, and provided to the public by
employees of the Museum, to--
(A) enhance understanding of the military response to the
attacks on September 11, 2001; and
(B) encourage enlistment and re-enlistment in the covered
Armed Forces.
(c) Covered Armed Forces Defined.--In this section, the
term ``covered Armed Forces'' means the Army, Navy, Marine
Corps, Air Force, and Space Force.
______
SA 2528. Mr. CORNYN (for himself, Mr. Ossoff, Mr. Grassley, Mr.
Coons, Mr. Cruz, Mr. Peters, Mrs. Fischer, and Mr. Whitehouse)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
[[Page S4852]]
Subtitle I--Law Enforcement and Victim Support Act of 2024
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Law Enforcement and
Victim Support Act of 2024''.
SEC. 1097. 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. 1098. 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).
``(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;
[[Page S4853]]
``(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
``(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. 1099. 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:
``(q) 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,
[[Page S4854]]
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. 1099A. 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 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. 1099B. 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;
[[Page S4855]]
``(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;
(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. 1099C. 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. 1099D. 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
[[Page S4856]]
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. 1099E. 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:
[[Page S4857]]
``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'';
(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.
SEC. 1099F. AMERICAN LAW ENFORCEMENT SUSTAINING AID AND VITAL
EMERGENCY RESOURCES ACT.
Section 521 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10202) is amended by
adding at the end the following:
``(d) Trauma Kits.--
``(1) Definition.--In this subsection, the term `trauma
kit' means a first aid response kit that--
``(A) includes, at a minimum, a bleeding control kit that
can be used for controlling life-threatening hemorrhage,
which shall include--
``(i) a tourniquet recommended by the Committee on Tactical
Combat Casualty Care;
``(ii) a bleeding control bandage;
``(iii) a pair of nonlatex protective gloves and a pen-type
marker;
``(iv) a pair of blunt-ended scissors;
``(v) instructional documents developed--
``(I) under the STOP THE BLEED national awareness campaign
of the Department of Homeland Security, or any successor
thereto;
``(II) by the American College of Surgeons Committee on
Trauma;
``(III) by the American Red Cross; or
``(IV) by any partner of the Department of Defense; and
``(vi) a bag or other container adequately designed to hold
the contents of the kit; and
``(B) may include any additional trauma kit supplies that--
``(i) are approved by a State, local, or Tribal law
enforcement agency or first responders;
``(ii) can adequately treat a traumatic injury; and
``(iii) can be stored in a readily available kit.
``(2) Requirement for trauma kits.--
``(A) In general.--Notwithstanding any other provision of
law, a grantee may only purchase a trauma kit using funds
made available under this part if the trauma kit meets the
performance standards established by the Director of the
Bureau of Justice Assistance under paragraph (3)(A).
``(B) Authority to separately acquire.--Nothing in
subparagraph (A) shall prohibit a grantee from separately
acquiring the components of a trauma kit and assembling
complete trauma kits that meet the performance standards.
``(3) Performance standards and optional agency best
practices.--Not later than 180 days after the date of
enactment of this subsection, the Director of the Bureau of
Justice Assistance, in consultation with organizations
representing trauma surgeons, emergency medical response
professionals, emergency physicians, and other medical
professionals, relevant law enforcement agencies of States
and units of local government, professional law enforcement
organizations, local law enforcement labor or representative
organizations, and law enforcement trade associations,
shall--
``(A) develop and publish performance standards for trauma
kits that are eligible for purchase using funds made
available under this part; and
``(B) develop and publish optional best practices for law
enforcement agencies regarding--
``(i) training law enforcement officers in the use of
trauma kits;
``(ii) the deployment and maintenance of trauma kits in law
enforcement vehicles; and
``(iii) the deployment, location, and maintenance of trauma
kits in law enforcement agency or other government
facilities.''.
______
SA 2529. Mr. CORNYN (for himself, Mr. Tester, Mr. Tillis, Ms. Hassan,
and Ms. Sinema) submitted an amendment intended to be proposed by him
to the bill S. 4638, to authorize appropriations for fiscal year 2025
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle I--Creating Access and Resources in Education for Student
Mental Health Act
SEC. 1099. SHORT TITLE.
This subtitle may be cited as the ``Creating Access and
Resources in Education for Student Mental Health Act'' or the
``CARE for Student Mental Health Act''.
SEC. 1099A. PURPOSES.
The purposes of this subtitle are to address the student
mental health crisis by--
(1) increasing the number of, and diversifying, school-
based mental health services providers; and
(2) supporting local educational agencies in recruiting,
hiring, retaining, and diversifying school-based mental
health services providers to meet the mental health needs of
students.
SEC. 1099B. DEFINITIONS.
In this subtitle:
(1) ESEA definitions.--The terms ``child with a
disability'', ``educational service agency'', ``elementary
school'', ``English learner'', ``evidence-based'',
``institution of higher education'', ``local educational
agency'', ``other staff'', ``outlying area'',
``paraprofessional'', ``professional development'', ``school
leader'', ``secondary school'', ``specialized instructional
support personnel'', ``Secretary'', ``State'', and ``State
educational agency'' have the meaning given those terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) Eligible institution.--The term ``eligible
institution'' means an institution of higher education that
offers a program of study in--
(A) school psychology that prepares students in such
program for a State credential as a school psychologist;
[[Page S4858]]
(B) school counseling that prepares students in such
program for a State credential as a school counselor;
(C) school social work that prepares students in such
program for a State credential as a school social worker;
(D) another school-based mental health field that prepares
students in such program for a State license or credential as
a school-based mental health services provider under State
law or regulation, as determined by the Secretary; or
(E) any combination of study described in subparagraphs (A)
through (D) that prepares students in such program for a
State credential as a school based mental health services
provider.
(3) High-need local educational agency.--
(A) In general.--The term ``high-need local educational
agency'' means a local educational agency that, as of the
date on which an application is submitted for a grant under
this subtitle--
(i)(I) has a locale code of 32, 33, 41, 42, or 43, as
determined by the Secretary; or
(II) is in the highest quartile of local educational
agencies, as determined by the State educational agency, in a
ranking of all local educational agencies in the State,
ranked in descending order by the number or percentage of
children in each such agency counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)); and
(ii) does not meet 2 or more of the following ratios:
(I) A ratio of 1 full-time equivalent school counselor for
every 250 students.
(II) A ratio of 1 full-time equivalent school psychologist
for every 500 students.
(III) A ratio of 1 full-time equivalent school social
worker for every 250 students.
(B) ESA.--The term ``high-need local educational agency''
includes an educational service agency acting on behalf of 1
or more local educational agencies described in subparagraph
(A).
(4) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe identified as such by the Secretary of the
Interior under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(5) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher
education that is an eligible institution under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(6) School-based mental health partnership.--The term
``school-based mental health partnership'' means a
partnership that--
(A) is between an eligible institution and 1 or more local
educational agencies;
(B) prepares students enrolled in the eligible institution
to obtain a State credential as a school-based mental health
services provider; and
(C) is designed to increase the number or diversity of
school-based mental health services providers in schools
served by local educational agencies in order to meet
recommended ratios of students to full-time equivalent
school-based mental health services providers in those
schools, such as by--
(i) recruiting, preparing, or respecializing students
enrolled in the eligible institution's school-based mental
health provider program of study to obtain a State credential
as, and to be employed as, a school-based mental health
services provider;
(ii) expanding supervised opportunities for students
enrolled in such program of study to complete required field
work, credit hours, internships, or related training in order
to meet State credentialing requirements as a school-based
mental health services provider in schools served by a local
educational agency; and
(iii) recruiting and retaining graduates of eligible
institutions who have obtained a State credential as a
school-based mental health services provider, to provide
school-based mental health services related to prevention,
early identification, and individualized intervention in
schools served by a local educational agency.
(7) School-based mental health services provider.--The term
``school-based mental health services provider'' has the
meaning given the term in section 4102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7112).
SEC. 1099C. STRENGTHENING THE PIPELINE OF SCHOOL-BASED MENTAL
HEALTH SERVICES PROVIDERS.
(a) Purpose.--The purpose of this section is to increase
the number or diversity of school counselors, school social
workers, school psychologists, and other school-based mental
health services providers to serve students enrolled in
schools served by local educational agencies.
(b) Authorization of Grants.--
(1) In general.--From amounts made available to carry out
this section and not reserved under paragraph (2), the
Secretary shall award grants, on a competitive basis, to
eligible institutions to support school-based mental health
partnerships, in accordance with subsection (d).
(2) Reservations.--From the total amount made available to
carry out this section for any fiscal year, the Secretary
shall reserve not more than 2 percent to support program
administration, technical assistance, data collection, and
dissemination of best practices under this section.
(3) Duration and renewals.--
(A) Duration.--A grant awarded under this section shall be
for a period of not more than 5 years.
(B) Renewal.--The Secretary may renew a grant awarded under
this section if the eligible institution demonstrates to the
Secretary that the eligible institution is effectively using
funds to significantly expand the pipeline of school
counselors, school social workers, school psychologists, and
other mental health professionals who meet State
credentialing standards as a school-based mental health
services provider.
(4) Geographic diversity.--In awarding grants under
paragraph (1), the Secretary shall ensure that, to the extent
practicable and in accordance with paragraph (6), grants are
distributed among eligible institutions that will serve
geographically diverse areas, including urban, suburban, and
rural areas.
(5) Sufficient size and scope.--Each grant awarded under
this section shall be of sufficient size and scope to allow
the grantee to carry out the purpose of this section.
(6) Priorities.--In awarding grants under paragraph (1),
the Secretary shall give priority to--
(A) minority-serving institutions, including historically
Black colleges and universities (defined as ``part B
institutions'' under section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061) and Tribal Colleges or Universities
(as defined in section 316 of such Act (20 U.S.C. 1059c));
and
(B) eligible institutions that seek to form a school-based
mental health partnership with a high need local educational
agency.
(7) Timeline.--In carrying out the competitive process
described in paragraph (1), the Secretary shall--
(A) to the greatest extent practicable, ensure that an
eligible institution receives not less than 90 days to submit
an application described in subsection (c); and
(B) to the greatest extent practicable, provide technical
assistance to eligible institutions and to local educational
agencies that are or may be part of a school-based mental
health partnership, in applying for grants under this
section, including by--
(i) disseminating the application under this section to all
State educational agencies and providing guidance, to the
extent practicable, to ensure accurate identification of
local educational agencies that may participate in a school-
based mental health partnership;
(ii) supporting eligible institutions in identifying
prospective local educational agencies with whom to partner
in a school-based mental health partnership that may be
supported by a grant under this section;
(iii) provide timely notice about the competitive process
under this section, on the same day that a notice inviting
applications is published in the Federal Register;
(iv) making publicly available templates for sample letters
of intent described in subsection (c)(5) and model
application materials on the same day that a notice inviting
applications is published in the Federal Register; and
(v) addressing questions or concerns from the field in a
timely manner, as well as offering multiple opportunities,
webinars, or other efforts to engage eligible institutions
and local educational agencies that are or may be part of a
school-based mental health partnership with an eligible
institution.
(c) Application.--An eligible institution applying for a
grant under subsection (b)(1) shall submit an application to
the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require, which shall
include--
(1) a description of the prevalent mental health or
substance use and misuse concerns facing students enrolled in
schools served by local educational agencies that will be
part of the school-based mental health partnership (referred
to in this section as ``participating local educational
agencies''), and, if applicable, challenges related to high
rates of chronic absenteeism in those schools;
(2) the extent to which the proposed school-based mental
health partnership will address the challenges described in
paragraph (1);
(3) a description of how the eligible institution will
increase the number or diversity of school-based mental
health services providers in participating local educational
agencies through the establishment and operation of a school-
based mental health partnership, including a description of
such partnership's strategies to--
(A) recruit, prepare, respecialize, retrain, or diversify
the students enrolled in school-based mental health programs
of study in order to help such students to obtain a State
credential and be employed as school-based mental health
services providers in schools served by local educational
agencies; and
(B) provide supervised opportunities to place students
enrolled in the eligible institution in schools served by a
participating local educational agency to complete required
field work, credit hours, internships, or related training to
meet State credentialing requirements as a school-based
mental health services provider, including a description of
the factors the partnership will consider when determining
the schools in which to place those students;
(4) a description of how the school-based mental health
partnership will increase the capacity of participating local
educational agencies to provide evidence-based comprehensive
school-based mental health services, accessible to all
students, to address the concerns described in paragraph (1),
and, if applicable, how such services will best meet the
diverse population of students to be served;
[[Page S4859]]
(5) if applicable, a description of how the school-based
mental health partnership will collaborate with State,
regional, and local public health agencies (including mental
health agencies), the State Medicaid agency, child welfare
agencies, or other related public and private agencies that
provide mental health services to support the activities of
the school-based mental health partnership; and
(6) a preliminary letter of intent, signed by each eligible
institution and each participating local educational agency
in the school-based mental health partnership described in
paragraph (3), that details the financial, programmatic, and
long-term commitment of the institution or agency, with
respect to the strategies described in the application.
(d) Use of Funds.--An eligible institution that receives a
grant under subsection (b)(1) shall use such funds to
establish and operate the school-based mental health
partnership described in subsection (c)(3) to increase the
number or diversity of school-based mental health services
providers and support the recruitment, preparation,
respecialization, retraining, or diversification of students
enrolled in school-based mental health programs of study, in
order to help such students to obtain a State credential and
be employed as school-based mental health services providers
in schools served by local educational agencies, by engaging
in 1 or more of the following:
(1) Establishing a new, or expanding an existing, program
of study in school psychology, school counseling, school
social work, or another school-based mental health field that
prepares students to obtain a State credential and be
employed as a school-based mental health services provider.
Funds may be used to--
(A) support recruitment and retention of new or additional
faculty;
(B) purchase training materials;
(C) develop and disseminate materials to recruit potential
students;
(D) offer financial support to enrolled students; or
(E) carry out any other activity necessary to establish or
expand such a program of study.
(2) Expanding supervised opportunities for students
enrolled in school-based mental health programs of study to
be placed in schools served by a participating local
educational agency in order to complete required field work,
credit hours, internships, or related training required to
obtain a State credential as a school-based mental health
service provider.
(3) Developing pathways for staff, particularly diverse and
multilingual staff, of local educational agencies to receive
necessary education and training to obtain a credential as a
school-based mental health services provider.
(4) Supporting activities to diversify the school-based
mental health services provider workforce, including
multilingual school-based mental health services providers.
(5) Providing stipends or other financial assistance for
students enrolled in school-based mental health programs of
study, and supporting required field work, credit hours,
internships, or related training in local educational
agencies.
(6) Supporting collaborations with State, regional, and
local public health agencies (such as State substance abuse
agencies and State mental health agencies), State Medicaid
agencies, community health centers, child welfare agencies,
and other related public and private agencies that provide
mental health services to support activities under this
subsection.
(e) Reporting Requirements.--
(1) Annual report.--Each eligible institution that receives
a grant under subsection (b)(1) shall submit a public report
to the Secretary on an annual basis and publish such report
in a clear and easily accessible format on the website of the
eligible institution. Such report shall contain, at a
minimum, the following information:
(A) The number of postsecondary students enrolled in
relevant programs of study operated by the eligible
institution and any increases in student enrollment or
faculty in such programs of study from the prior year.
(B) The number of such postsecondary students supported
under the grant.
(C) If applicable, the number of such eligible institutions
that met their goal of increasing the diversity of school-
based mental health services providers.
(D) The number of such postsecondary students supported
under the grant who were placed in a school served by a
participating local educational agency--
(i) for training; or
(ii) for employment.
(E) The ratios of students to full-time equivalent school-
based mental health services providers, disaggregated by
profession to the extent practicable, at schools served by a
participating local educational agency in the school year
immediately preceding the first year of the grant and in the
most recent year of the grant.
(F) The number of school-based mental health services
providers employed by participating local educational
agencies, disaggregated by the number of such employees who
graduated from an eligible institution and obtained a
credential as and were placed into employment as a school-
based mental health services provider.
(2) Secretary's report.--Not later than 3 years after
receiving the reports described in paragraph (1), and every 2
years thereafter, the Secretary shall submit a report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of
the House of Representatives and make the report publicly
available in a clear and easily accessible format on the
website of the Department of Education. Such report shall
include a summary of the reports submitted by eligible
institutions and identify best practices related to--
(A) improving, expanding, and diversifying preparation
programs for school counselors, school psychologists, school
social workers, and other school-based mental health services
providers; and
(B) supporting the recruitment and preparation of school-
based mental health services providers, including effective
respecialization and retraining programs.
(f) Disaggregation of Data.--Disaggregation of data shall
not be required under this section when the number is
insufficient to yield statistically reliable information or
the results would reveal personally identifiable information
about an individual.
(g) Supplement Not Supplant.--Funds made available to an
eligible institution through a grant under this section shall
be used only to supplement and not supplant, any State,
local, or non-Federal funds that would otherwise be used to
carry out the activities described under this section.
(h) Multiple Grants to Single Institution.--In awarding
grants under subsection (b)(1), the Secretary may award
multiple grants to a single eligible institution if the
Secretary determines that--
(1) the eligible institution submitted a high-quality
application for each distinct program of study, such as a
program related to school psychology or school social work;
and
(2) each award would support students enrolled in distinct
programs of study in related school-based mental health
services fields.
(i) Prohibition.--A local educational agency that enters a
school-based mental health partnership with an eligible
institution that receives funds under this section shall not
be eligible to participate in another school-based mental
health partnership with another eligible institution that
receives funds under this section until the original grant
period has ended.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2025 through 2029.
SEC. 1099D. SCHOOL-BASED MENTAL HEALTH SERVICES GRANT
PROGRAM.
(a) Purpose.--The purpose of this section is to support
high-need local educational agencies in recruiting, hiring,
retaining, and diversifying school-based mental health
services providers to expand access to school-based mental
health services for students enrolled in schools served by
such agencies.
(b) Authorization of Grants.--
(1) In general.--From amounts made available to carry out
this section and not reserved under paragraph (2), the
Secretary shall award grants, on a competitive basis, to
high-need local educational agencies, in accordance with this
section.
(2) Reservations.--From the total amount made available to
carry out this section for a fiscal year, the Secretary
shall--
(A) reserve not more than 2 percent of such amount for
program administration, technical assistance, and data
collection;
(B) reserve 1 percent for the Secretary of the Interior for
schools operated or funded by the Bureau of Indian Education,
in accordance with the purpose of this section; and
(C) reserve 1 percent for allotments for payments to the
outlying areas, to be distributed among those outlying areas
on the basis of their relative need, as determined by the
Secretary, in accordance with the purpose of this section.
(3) Duration and renewals.--
(A) Duration.--A grant awarded under this section shall be
for a period of not more than 5 years.
(B) Renewal.--The Secretary may renew a grant awarded under
this section for a period of not more than 2 years.
(4) Diversity of projects.--
(A) In general.--Subject to subparagraph (B), in awarding
grants under paragraph (1), the Secretary shall ensure that,
to the extent practicable, grants are distributed among high-
need local educational agencies that will serve
geographically diverse areas, including urban, suburban, and
rural areas.
(B) Rural local educational agencies.--In awarding grants
under paragraph (1), the Secretary shall ensure that, to the
greatest extent practicable, not less than 30 percent of the
amounts made available to carry out this section that remain
after making reservations under paragraph (2) are awarded to
high-quality applications submitted by high-need local
educational agencies to support rural high-need local
educational agencies described in section 1099B(3)(A)(i)(I).
(5) Sufficient size and scope.--Each grant awarded under
paragraph (1) shall be of sufficient size and scope to allow
the high-need local educational agency receiving the grant to
carry out the purpose of this section.
(6) Timeline.--In carrying out the competitive process
under this subsection, the Secretary shall--
[[Page S4860]]
(A) to the greatest extent practicable, ensure that high-
need local educational agencies have not less 90 days to
submit an application;
(B) to the greatest extent practicable, send a
communication to every high-need local educational agency
containing notice of the application and the award deadline;
and
(C) to the greatest extent practicable, provide technical
assistance to high-need local educational agencies, including
by--
(i) addressing questions or concerns from the field in a
timely manner, as well as offering multiple opportunities,
webinars, or other efforts to engage local educational
agencies about the application process; and
(ii) publishing not less than 3 examples of grant
applications from geographically diverse locales, including
not less than 1 such example from a rural high-need local
educational agency described in section 1099B(3)(A)(i)(I).
(c) Application.--A high-need local educational agency
applying for a grant under subsection (b)(1) shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require, which may include--
(1) a description of the prevalent mental health or
substance use and misuse concerns facing students enrolled in
schools served by the high-need local educational agency,
and, if applicable, challenges related to high rates of
chronic absenteeism in those schools;
(2) a description of the current shortage of school-based
mental health services providers in schools served by the
high-need local educational agency that will be served under
the grant;
(3) a description of the applicant's plan to support
recruiting, hiring, retaining, or diversifying school-based
mental health services providers in schools served by the
high-need local educational agency to be served under the
grant;
(4) if applicable, a description of the high-need local
educational agency's plan to increase the capacity of
educators, school leaders, school-based mental health
services providers, and other relevant staff to address the
needs described in paragraph (1); and
(5) an assurance that any school-based mental health
services provider, including any provider offering telehealth
services, provides services in a manner consistent with
section 444 of the General Education Provisions Act (20
U.S.C. 1232g; commonly known as the ``Family Educational
Rights and Privacy Act of 1974'') and the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), as well
as all applicable Federal, State, and local laws.
(d) Use of Funds.--
(1) Recruiting, hiring, and retaining school-based mental
health services providers.--A high-need local educational
agency that receives a grant under subsection (b)(1) shall
use such funds to carry out 1 or more of the following:
(A) Implementing strategies to recruit school-based mental
health services providers in schools served by high-need
local educational agencies to help mitigate shortages of such
providers, such as--
(i) salary stipends or other financial incentives;
(ii) relocation benefits; and
(iii) opportunities for continuing professional
development.
(B) Hiring school-based mental health services providers
to--
(i) provide school-based mental health services to students
enrolled in schools served by high-need local educational
agencies; and
(ii) implement evidence-based practices to improve school
climate to support positive student mental health.
(C) Implementing strategies to retain school-based mental
health services providers in schools served by high-need
local educational agencies, which may include providing--
(i) incentives described in subparagraph (A); and
(ii) ongoing professional development, induction,
mentorship, or peer support for school-based mental health
services providers.
(2) Additional uses.--In addition to the activities
described in paragraph (1), a high-need local educational
agency that receives a grant under subsection (b)(1) may also
use such funds to increase the capacity of the high-need
local educational agency to address student needs described
in subsection (c)(1), through activities that may include--
(A) providing professional development to school-based
mental health services providers, teachers, principals, other
school leaders, specialized instructional support personnel,
paraprofessionals, other staff employed by each high-need
local educational agency, and to the extent practicable,
families, related to--
(i) meeting the needs of students at elevated risk of
suicide, mental health concerns, or substance use and misuse;
(ii) implementation of evidence-based school-based mental
health services with high fidelity, including such services
related to--
(I) prevention, early identification, and individualized
intervention;
(II) addressing substance use and misuse; and
(III) preventing and eliminating any existing stigma in
accessing such services;
(iii) mitigating indirect or secondary trauma experienced
by staff employed by the high-need local educational agency
and implementing evidence-based programs to promote mental
health among such staff;
(iv) supporting school-based mental health services
providers qualified to support students in languages other
than English and children with disabilities;
(v) understanding when and how to refer a student to a
school-based mental health services provider;
(vi) supporting the use of evidence-based practices to
address student mental health needs; and
(vii) addressing chronic absenteeism;
(B) supporting high-need local educational agencies in
billing and accessing reimbursements under the Medicaid
program under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) and the Children's Health Insurance Program
under title XXI of the Social Security Act (42 U.S.C. 1397aa
et seq.); or
(C) other activities that support the development and
implementation of innovative strategies to increase access to
school-based mental health services in schools served by
high-need local educational agencies, which may include
increasing access to school-based mental health services
provided through telehealth, including ensuring any services
provided through telehealth are accessible for children with
disabilities.
(e) Disaggregation of Data.--Disaggregation of data shall
not be required under this section when the number is
insufficient to yield statistically reliable information or
the results would reveal personally identifiable information
about an individual.
(f) Reporting Requirements.--
(1) Reporting.--Each high-need local educational agency
that receives a grant under subsection (b)(1) shall submit a
report to the Secretary on an annual basis and publish such
report in a clear and easily accessible format on the website
of the high-need local educational agency. Such report shall
contain any information required by the Secretary and, at a
minimum, the following:
(A) The number of school-based mental health services
providers employed by high-need local educational agencies
served under the grant and any increases from the prior year,
disaggregated by--
(i) the number of each type of such providers who was
recruited, hired, or retained, with support under this grant;
and
(ii) the demographics of such providers.
(B) The ratio of students to school-based mental health
services providers in schools served by high-need local
educational agencies served under the grant and the extent to
which such ratio has decreased since the start of the grant
period.
(C) The reduction in the annual attrition rate of school-
based mental health services providers employed by high-need
local educational agencies served under the grant and the
extent to which such attrition rate has decreased since the
start of the grant period.
(D) A description of the strategies used by high-need local
educational agencies served under the grant to implement
innovative evidenced-based strategies to increase access to
school-based mental health services and to improve school
climate for students enrolled in schools served by such
agencies.
(2) Secretary's reports.--
(A) In general.--Not later than 3 years after receiving the
reports described in paragraph (1), and every 2 years
thereafter, the Secretary shall submit a report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of
the House of Representatives that--
(i) includes a summary of the reports submitted by grant
recipients under paragraph (1);
(ii) identifies effective practices related to the
activities supported by the grant program under this section;
and
(iii) includes an analysis of whether the recipient carried
out its plan described in subsection (c)(3).
(B) Publicly available.--Not later than 1 month after
submitting a report described in subparagraph (A), the
Secretary shall publish such report in a clear and easily
accessible format on the website of the Department of
Education.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2025 through 2029.
SEC. 1099E. RULE.
The requirements of section 4001 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101) shall apply
to an eligible institution, local educational agency, or
educational service agency receiving a grant under this
subtitle, or participating in a program that receives funds
under this subtitle, in the same manner as those requirements
apply to an entity receiving an award under title IV of such
Act.
______
SA 2530. Mr. MERKLEY (for himself and Mr. Rubio) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
[[Page S4861]]
At the end of subtitle A of title XII, add the following:
SEC. 1216. TRAINING FOR UNITED STATES OFFICIALS RESPONSIBLE
FOR DOMESTIC THREATS OF TRANSNATIONAL
REPRESSION.
(a) In General.--In order to achieve an adequate level of
understanding to recognize and combat transnational
repression, the Attorney General, in consultation with the
Secretary of Homeland Security, the Director of National
Intelligence, civil society, and the business community,
shall provide the training recipients referred to in
subsection (b) with training regarding transnational
repression, including training on--
(1) how to identify different tactics of transnational
repression in physical and nonphysical forms;
(2) which governments are known to employ transnational
repression most frequently;
(3) which communities and locations in the United States
are most vulnerable to transnational repression;
(4) tools of digital surveillance and other cyber tools
used to carry out transnational repression activities;
(5) espionage and foreign agent laws; and
(6) how foreign governments may try to coopt the
immigration system.
(b) Training Recipients.--The training recipients referred
to in this subsection include, to the extent deemed
appropriate and necessary by their respective agency heads in
the case of any Federal employee--
(1) employees of--
(A) the Department of Homeland Security, including U.S.
Customs and Border Protection, U.S. Citizenship and
Immigration Services, and U.S. Immigration and Customs
Enforcement;
(B) the Department of Justice, including the Federal Bureau
of Investigation; and
(C) the Office of Refugee Resettlement of the Department of
Health and Human Services;
(2) other Federal, State, and local law enforcement and
municipal officials receiving instruction at the Federal Law
Enforcement Training Center; and
(3) appropriate private sector and community partners of
the Federal Bureau of Investigation.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of the fiscal years
2025 through 2028, to develop and provide the curriculum and
training described in subsection (a).
______
SA 2531. Mr. MERKLEY (for himself and Mr. Rubio) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF
JUSTICE INITIATIVES TO COMBAT TRANSNATIONAL
REPRESSION IN THE UNITED STATES.
(a) In General.--The Secretary of Homeland Security and the
Attorney General, in consultation with the Director of the
Federal Bureau of Investigation, shall--
(1) dedicate resources to ensure that a tip line for
victims and witnesses of transnational repression--
(A) is staffed by people who are--
(i) equipped with cultural and linguistic ability to
communicate effectively with diaspora and exile communities;
and
(ii) knowledgeable of the tactics of transnational
repression;
(B) is encrypted and, to the maximum extent practicable,
protects the confidentiality of the identifying information
of individuals who may call the tip line;
(2) not later than 270 days after the date of the enactment
of this Act--
(A) identify existing Federal resources to assist and
protect individuals and communities targeted by transnational
repression in the United States; and
(B) in cooperation with the Secretary of Health and Human
Services and the heads of other Federal agencies, publish
such resources in a toolkit or guide;
(3) continue to conduct proactive outreach so that
individuals in targeted communities--
(A) are aware of the tip line described in paragraph (1);
and
(B) are informed about the types of incidents that should
be reported to the Federal Bureau of Investigation;
(4) support data collection and analysis undertaken by
Federal research and development centers regarding the needs
of targeted communities in the United States, with the goal
of identifying priority needs and developing solutions and
assistance mechanisms, while recognizing that such mechanisms
may differ depending on geographic location of targeted
communities, language, and other factors;
(5) continue to issue advisories to, and engage regularly
with, communities that are at particular risk of
transnational repression, including specific diaspora
communities--
(A) to explain what transnational repression is and clarify
the threshold at which incidents of transnational repression
constitute a crime; and
(B) to identify the resources available to individuals in
targeted communities to facilitate their reporting of, and to
protect them from, transnational repression, without placing
such individuals at additional risk; and
(6) conduct annual trainings with caseworker staff in
congressional offices regarding the tactics of transnational
repression and the resources available to their constituents.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $1,000,000 for each of the fiscal years
2025 through 2028, for the research, development, outreach,
and training activities described in subsection (a).
______
SA 2532. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 855. MATTERS RELATING TO DEFENSE MANUFACTURING.
(a) Authorities of Department of Defense to Increase
Domestic Defense Manufacturing.--
(1) In general.--Subpart I of part V of subtitle A of title
10, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 390--DEFENSE MANUFACTURING
``Sec.
``5001. Definitions.
``5002. Incentivizing expansion of essential defense industrial base
capabilities.
``5003. Defense Industrial Base Fund.
``Sec. 5001. Definitions
``In this chapter:
``(1) Critical component.--
``(A) In general.--The term `critical component' includes
such components, subsystems, systems, and related special
tooling and test equipment essential to the production,
repair, maintenance, or operation of weapon systems or other
items of equipment identified by the Secretary as being
essential to the execution of the national security strategy
of the United States.
``(B) Inclusion of certain components.--Components
identified as critical by a National Security Assessment
conducted pursuant to section 113(i) of this title, or by a
Presidential determination as a result of a petition filed
under section 232 of the Trade Expansion Act of 1962 (19
U.S.C. 1862), shall be designated as critical components for
purposes of this chapter, unless the President determines
that the designation is unwarranted.
``(2) Critical technology.--The term `critical technology'
includes any technology designated by the Secretary to be
essential to the national defense.
``(3) Critical technology item.--The term `critical
technology item' means materials directly employing, derived
from, or utilizing a critical technology.
``(4) Domestic industrial base.--The term `domestic
industrial base' means domestic sources which are providing,
or which would be reasonably expected to provide, materials
or services to meet national defense requirements during
peacetime, national emergency, or war.
``(5) Domestic source.--The term `domestic source' means a
business concern--
``(A) that performs in the United States, Canada,
Australia, New Zealand, or the United Kingdom substantially
all of the research and development, engineering,
manufacturing, and production activities required of such
business concern under a contract with the United States
relating to a critical component or a critical technology
item; and
``(B) that procures from business concerns described in
subparagraph (A) substantially all of any components and
assemblies required under a contract with the United States
relating to a critical component or critical technology item.
``(6) Facilities.--The term `facilities' includes all types
of buildings, structures, or other improvements to real
property (but excluding farms, churches or other places of
worship, and private dwelling houses), and services relating
to the use of any such building, structure, or other
improvement.
``(7) Industrial resources.--The term `industrial
resources' means materials, services, processes, or
manufacturing equipment (including the processes,
technologies, and ancillary services for the use of such
equipment) needed to establish or maintain an efficient and
modern national defense industrial base.
``(8) Materials.--The term `materials' includes--
``(A) any raw materials (including minerals, metals, and
advanced processed materials), commodities, articles,
components (including critical components), products, and
items of supply; and
``(B) any technical information or services ancillary to
the use of any such materials,
[[Page S4862]]
commodities, articles, components, products, or items.
``(9) National defense.--The term `national defense' has
the meaning given that term in section 4818(f) of this title.
``(10) Person.--The term `person' includes an individual,
corporation, partnership, association, or any other organized
group of persons, or legal successor or representative
thereof, or any State or local government or agency thereof.
``(11) Services.--The term `services' includes any effort
that is needed for or incidental to--
``(A) the development, production, processing,
distribution, delivery, or use of an industrial resource or a
critical technology item;
``(B) the construction of facilities;
``(C) the movement of individuals and property by all modes
of civil transportation; or
``(D) other national defense programs and activities.
``(12) Secretary.--The term `Secretary' means the Secretary
of Defense.
``Sec. 5002. Incentivizing expansion of essential defense
industrial base capabilities
``(a) Incentives.--
``(1) In general.--To create, maintain, protect, expand, or
restore domestic industrial base capabilities essential for
the national defense, the Secretary may make provision--
``(A) for purchases of or commitments to purchase an
industrial resource or a critical technology item for
Department of Defense use or resale;
``(B) for the encouragement of exploration, development,
and mining of critical and strategic materials, and other
materials;
``(C) for the development of production capabilities; and
``(D) for the increased use of emerging technologies in
security program applications and the rapid transition of
emerging technologies--
``(i) from government-sponsored research and development to
commercial applications; and
``(ii) from commercial research and development to national
defense applications.
``(2) Terms of sales.--No commodity purchased under this
subsection shall be sold at less than--
``(A) the established ceiling price for such commodity,
except that minerals, metals, and materials shall not be sold
at less than the established ceiling price, or the current
domestic market price, whichever is lower; or
``(B) if no ceiling price has been established, the current
domestic market price for such commodity.
``(3) Determinations required.--The Secretary may not
execute a contract under this subsection unless the Secretary
determines, with appropriate explanatory material and in
writing, that--
``(A) the industrial resource, material, or critical
technology item is essential to the national defense; and
``(B) without action by the Secretary under this section,
United States industry cannot reasonably be expected to
provide the capability for the needed industrial resource,
material, or critical technology item in a timely manner.
``(b) Exemption for Certain Limitations.--Subject to the
limitations in subsection (a), purchases and commitments to
purchase and sales under subsection (a) may be made without
regard to the limitations of existing law for such
quantities, and on such terms and conditions, including
advance payments, and for such periods, but not extending
beyond a date that is not more than 10 years from the date on
which such purchase, purchase commitment, or sale was
initially made, as the Secretary deems necessary.
``(c) Incidental Authority.--The procurement power granted
to the Secretary by this section shall include the power to
transport and store and have processed and refined any
materials procured under this section.
``(d) Installation of Equipment in Industrial Facilities.--
``(1) Installation authorized.--If the Secretary determines
that such action will aid the national defense, the Secretary
is authorized--
``(A) to procure and install additional equipment,
facilities, processes, or improvements to plants, factories,
and other industrial facilities owned by the Department of
Defense;
``(B) to procure and install equipment owned by the
Department in plants, factories, and other industrial
facilities owned by private persons;
``(C) to provide for the modification or expansion of
privately owned facilities, including the modification or
improvement of production processes; and
``(D) to sell or otherwise transfer equipment owned by the
Department and installed under this subsection to the owners
of such plants, factories, or other industrial facilities.
``(2) Indemnification.--The owner of any plant, factory, or
other industrial facility that receives equipment owned by
the Federal Government under this section shall agree--
``(A) to waive any claim against the United States under
section 107 or 113 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9607 and 9613);
``(B) to indemnify the United States against any claim
described in paragraph (1) made by a third party that arises
out of the presence or use of equipment owned by the Federal
Government; and
``(C) to indemnify the contractor, if any, in accordance
with Public Law 85-804 (50 U.S.C. 1431 et seq.) and Executive
Order 10789 (50 U.S.C. 1431 note; relating to authorizing
agencies of the Government to exercise certain contracting
authority in connection with national-defense functions and
prescribing regulations governing the exercise of such
authority), as implemented by part 50 of the Federal
Acquisition Regulation.
``(e) Transfer to National Defense Stockpile of Excess
Metals, Minerals, and Materials.--
``(1) In general.--Notwithstanding any other provision of
law to the contrary, metals, minerals, and materials acquired
pursuant to this section that, in the judgment of the
Secretary, are excess to the needs of programs under this
chapter, shall be transferred to the National Defense
Stockpile established by the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.), when the Secretary
deems such action to be in the public interest.
``(2) Transfers at no charge.--Transfers made pursuant to
this subsection shall be made without charge against or
reimbursement from funds appropriated for the purposes of the
Strategic and Critical Materials Stock Piling Act ( 50 U.S.C.
98 et seq.), except that costs incident to such transfer,
other than acquisition costs, shall be paid or reimbursed
from such funds.
``(f) Development of Substitutes.--When, in the judgment of
the Secretary it will aid the national defense, the Secretary
may make provision for the development of substitutes for
strategic and critical materials, critical components,
critical technology items, and other industrial resources.
``Sec. 5003. Defense Industrial Base Fund
``(a) Establishment of Fund.--There is established in the
Treasury of the United States a separate fund to be known as
the `Defense Industrial Base Fund' (in this section referred
to as the `Fund').
``(b) Moneys in Fund.--There shall consist of amounts
appropriated or otherwise made available to the Fund.
``(c) Use of Funds.--The Fund shall be available to carry
out the provisions and purposes of this chapter, subject to
the limitations set forth in this chapter and in
appropriations Acts.
``(d) Duration of Fund.--Amounts in the Fund shall remain
available until expended.
``(e) Fund Manager.--The Secretary shall be the manager of
the Fund. The duties of the Fund manager shall include--
``(1) determining the liability of the Fund;
``(2) ensuring the visibility and accountability of
transactions engaged in through the Fund; and
``(3) reporting to the Congress each year regarding
activities of the Fund during the previous fiscal year.''.
(2) Modifications to industrial base fund and defense
production act fund.--
(A) Transfer of funds.--All amounts in the Defense
Production Act Fund under section 304 of the Defense
Production Act of 1950 (50 U.S.C. 4534) on the day before the
date of the enactment of this Act, other than amounts
appropriated to the Fund by division B of the CARES Act
(Public Law 116-136; 134 Stat. 505) or section 30001 of
Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') (136 Stat. 2027), shall be
transferred to and deposited in the Defense Industrial Base
Fund under section 5003 of title 10, United States Code, as
added by [subparagraph (B)].
(B) Availability of amounts in industrial base fund.--
Section 4817(d) of title 10, United States Code, is amended--
(i) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(ii) in paragraph (4), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(5) to carry out chapter 390.''.
(C) Amendments to defense production act fund.--
(i) Renaming of fund.--Section 304 of the Defense
Production Act of 1950 (50 U.S.C. 4534) is amended--
(I) in the section heading, by striking ``defense
production act fund'' and inserting ``non-defense national
crisis production fund''; and
(II) in subsection (a), by striking ``Defense Production
Act Fund'' and inserting ``Non-Defense National Crisis
Production Fund''.
(ii) References.--On and after the date of the enactment of
this Act, any reference in any law or regulation to the
Defense Production Act Fund shall be deemed to be a reference
to the Non-Defense National Crisis Production Fund.
(3) Clerical amendments.--The table of chapters as the
beginning of subtitle A of title 10, United States Code, and
at the beginning of part V of such subtitle, are each amended
by inserting after the item relating to chapter 389 the
following new item:
``390. Defense Manufacturing.''.
(b) Direct Hire Authority for Office of the Assistant
Secretary of Defense for Industrial Base Policy.--The
Secretary of Defense may appoint, without regard to the
provisions of subchapter I of chapter 33 (other than sections
3303, 3307, and 3328 of such chapter) of title 5, United
States Code, qualified candidates in the competitive service
(as defined in section 2102 of that title) of the Department
of Defense to any position in the Office of the Assistant
Secretary of Defense for Industrial Base Policy.
[[Page S4863]]
(c) National Defense Executive Reserve.--The Secretary of
Defense shall establish a pilot program under which the
Secretary enters into voluntary agreements with senior
executives of traditional and nontraditional defense
contractors, including executives from the supplier base, to
advise the Secretary on the following:
(1) Assessing the health of the defense industrial base.
(2) Identifying critical shortages and impediments to
production of critical munitions and other war materials.
(3) Identifying limiting factors for required production
rates for critical munitions.
(4) Analyzing workforce issues across the defense
industrial base.
(5) Assisting in deconflicting efforts of the Department of
Defense and the Armed Forces to improve defense industrial
base capacity.
(6) Assisting the Secretary in carrying out chapter 390 of
title 10, as added by subsection (a).
(d) GAO Review of Staffing Levels of MCEIP.--Not later than
July 1, 2025, the Comptroller General of the United States
shall submit to the congressional defense committees a report
assessing staffing levels at the Office of Manufacturing
Capability Expansion and Investment Prioritization.
______
SA 2533. Ms. LUMMIS submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. 1__. PROHIBITION ON PROCUREMENT OF FOOD PRODUCED USING
ANIMAL CELL CULTURE TECHNOLOGY.
The Secretary of Defense may not procure any food intended
for human consumption produced using animal cell culture
technology.
______
SA 2534. Mr. McCONNELL submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 114. CONSTRUCTION OF TNT PRODUCTION FACILITY AT
INSTALLATION WITHIN ARMY ORGANIC INDUSTRIAL
BASE.
(a) In General.--The Secretary of the Army shall construct
a facility for the production of trinitrotoluene (TNT) at an
installation of the Department of Defense within the organic
industrial base of the Army.
(b) Selection of Installation.--The installation selected
for construction of the facility under subsection (a) shall--
(1) have an available workforce with experience working
with hazardous materials, chemical synthesis, and novel
automated processes;
(2) have a concluding government mission from which
existing munitions storage igloos and industrial facilities
are available to be repurposed;
(3) have an established explosive arc and sufficient
standoff from population centers; and
(4) have a robust utility and transportation
infrastructure.
(c) Operation of Facility.--The Secretary of the Army may
operate the facility constructed under subsection (a) as a
government-owned contractor operated activity regardless of
the designation of the selected installation.
______
SA 2535. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. REAUTHORIZATION OF GLOBAL ENGAGEMENT CENTER.
Section 1287(j) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note) is amended by striking ``on the date that is 8 years
after the date of the enactment of this Act'' and inserting
``on September 30, 2034''.
______
SA 2536. Mr. MURPHY (for himself and Mr. Young) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. TERMINATION OF APPLICATION OF TITLE IV OF THE
TRADE ACT OF 1974 TO THE PRODUCTS OF
KAZAKHSTAN, UZBEKISTAN, AND TAJIKISTAN.
(a) Presidential Determinations and Extensions of
Nondiscriminatory Treatment.--Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
seq.), the President may--
(1) determine that such title should no longer apply to
Kazakhstan, Uzbekistan, or Tajikistan; and
(2) after making a determination under paragraph (1) with
respect to Kazakhstan, Uzbekistan, or Tajikistan, proclaim
the extension of nondiscriminatory treatment (normal trade
relations treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after
the date on which the President proclaims the extension of
nondiscriminatory treatment to the products of Kazakhstan,
Uzbekistan, or Tajikistan, title IV of the Trade Act of 1974
shall cease to apply to the country to which such extension
pertains.
______
SA 2537. Mr. MURPHY (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. INCREASE IN NUMBER OF NAVY DEPLOYED RESILIENCY
COUNSELORS.
Section 9903(e) of title 5, United States Code, is
amended--
(1) by striking ``The number'' and inserting ``(1) Except
as provided by paragraph (2), the number''; and
(2) by adding at the end the following new paragraph:
``(2) Without regard to the limitation under paragraph (1),
the Secretary may appoint and retain under subsection (b)(1)
two licensed clinicians to serve as Navy deployed resiliency
counselors for each nuclear-powered aircraft carrier (CVN) or
large deck amphibious ship/landing helicopter assault ship
(LHD/LHA) in the Naval Vessel Register.''.
______
SA 2538. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1272. ANNUAL REPORT ON UNFUNDED PRIORITIES OF THE
DEPARTMENT OF STATE AND RELATED AGENCIES.
(a) Definitions.--In this section:
(1) Unfunded priority.--The term ``unfunded priority'',
with respect to a fiscal year, means a program or activity
that--
(A) is not funded in the budget of the President for such
fiscal year that was submitted to Congress pursuant to
section 1105 of title 31, United States Code;
(B) is necessary to fulfill a goal associated with--
(i) the most recently published national security strategy
report required under section 104 of the National Security
Act of 1947 (50 U.S.C. 3043); or
(ii) the latest Department of State and USAID Joint
Strategic Plan required under section 306 of title 5, United
States Code; and
(C) would have been recommended for funding in the budget
referred to in subparagraph (A) by the official submitting
the report required under subsection (b) relating to such
budget if--
(i) additional resources had been available for the budget
to fund such program or activity; or
(ii) such program or activity has emerged since the budget
was submitted.
(2) USAID.--The term ``USAID'' means the United States
Agency for International Development
(b) Annual Report.--Not later than 10 days after the date
on which the President submits to Congress the budget for a
fiscal year pursuant to section 1105 of title 31, United
States Code, each official listed in subsection (c) shall
submit a report to the Secretary of State, the USAID
Administrator, the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives that describes the unfunded priorities of the
bureau, agency, or office under the jurisdiction of such
official.
(c) Officials.--The officials listed in this subsection
are--
[[Page S4864]]
(1) every Assistant Secretary of State, Ambassador-At-
Large, and rank equivalent official overseeing a Department
of State bureau or office; and
(2) every USAID Assistant Administrator and rank equivalent
official overseeing a USAID bureau or office.
(d) Elements.--Each report submitted pursuant to this
section shall include, with respect to each unfunded priority
covered by such report--
(1) a summary description of such priority, including the
related objectives set forth in--
(A) the most recent National Security Strategy required
under section 104 of the National Security Act of 1947 (50
U.S.C. 3043); and
(B) the latest Department of State and USAID Joint
Strategic Plan required under section 306 of title 5, United
States Code, which will be advanced if such priority is
funded, in whole or in part;
(2) indication of the office or officials who raised such
priority or whose mission would benefit from it being funded,
as indicated in Bureau Resource Requests, Mission Resource
Requests, Integrated Country Strategies, and other reports
delivered from embassies and other Department of State and
USAID locations around the world;
(3) the additional funding recommended to be appropriated
to carry out the objectives referred to in paragraph (1);
(4) account information that is specific to such priority;
(5) a detailed assessment of each specific risk that would
be reduced by executing the National Security Strategy and
the latest Department of State and USAID Joint Strategic Plan
if such priority is funded, in whole or in part;
(6) the reason funding for the priority was not included in
the budget submitted to Congress by the President;
(7) a description of any funding provided to carry out such
priority in the current and preceding fiscal years; and
(8) an assessment of the effect that providing funding for
the priority would have on the Department of State and USAID
Joint Strategic Plan.
(e) Prioritization.--Not later than 10 days after the
submission of all of the reports required under subsection
(b) for a fiscal year, the Secretary of State and the USAID
Administrator shall submit a report to the Committee on
Foreign Relations of the Senate, the State, Foreign
Operations, and Related Programs Subcommittee of the
Committee on Appropriations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
State, Foreign Operations, and Related Programs Subcommittee
of the Committee on Appropriations of the House of
Representatives that prioritizes each unfunded priority
across all unfunded priorities submitted by the officials
listed in subsection (c) according to the risk reduced in
executing the National Security Strategy and the latest
Department of State and USAID Joint Strategic Plan.
______
SA 2539. Mr. MURPHY (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. SERVICES AND USE OF FUNDS FOR, AND LEASING OF, THE
NATIONAL COAST GUARD MUSEUM.
Section 316 of title 14, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``The Secretary'' and
inserting ``Except as provided in paragraph (2), the
Secretary''; and
(B) in paragraph (2), by striking ``on the engineering and
design of a Museum.'' and inserting ``on--''
``(A) the design of the Museum; and
``(B) engineering, construction administration, and quality
assurance services for the Museum.'';
(2) in subsection (e), by amending paragraph (2)(A) to read
as follows:
``(2)(A) for the purpose of conducting Coast Guard
operations, lease from the Association--
``(i) the Museum; and
``(ii) any property owned by the Association that is
adjacent to the railroad tracks that are adjacent to the
property on which the Museum is located; and''; and
(3) by amending subsection (g) to read as follows:
``(g) Services.--With respect to the services related to
the construction, maintenance, and operation of the Museum,
the Commandant may--
``(1) solicit and accept services from nonprofit entities,
including the Association; and
``(2) enter into contracts or memoranda of agreement with,
or make grants to, the Association to acquire such
services.''.
______
SA 2540. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 144. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW AND REPORT
ON V-22 OSPREY AIRCRAFT PROGRAM.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a comprehensive review of the Osprey tiltrotor
aircraft (V-22) program of the Department of Defense (in this
section referred to as the ``program''); and
(2) submit to the congressional defense committees a report
on the findings of the review.
(b) Elements.--The review required by subsection (a)
shall--
(1) assess the safety, cost, reliability, and performance
of the V-22 Osprey aircraft across the Armed Forces over the
history of the program;
(2) analyze--
(A) the causes and impacts of fatal and non-fatal accidents
involving V-22 Osprey aircraft; and
(B) the cost growth, maintenance and supply issues,
availability rates, and overall contributions to military
readiness of the program;
(3) examine the mechanical and design characteristics of
the V-22 Osprey aircraft, including its tiltrotor apparatus,
and assess the role such characteristics have played in
accidents and other program issues;
(4) assess the efforts and levels of success of the
Department in addressing accidents and other issues with the
program, including the Department's approach to mitigating
risk and improving aircraft reliability;
(5) taking into account the record of the V-22 Osprey
aircraft, consider the implications of incorporating similar
tiltrotor technology into future military aircraft across the
Armed Forces; and
(6) detail options available to the Department and make
recommendations for--
(A) addressing ongoing issues with the program; and
(B) strengthening safety, reliability, and cost-
effectiveness across the V-22 Osprey aircraft fleet.
______
SA 2541. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DEPARTMENT OF ENERGY TRIBAL ENERGY PROGRAMS.
(a) Department of Energy Tribal Loan Guarantee Program.--
(1) In general.--Section 2602(c) of the Energy Policy Act
of 1992 (25 U.S.C. 3502(c)) is amended by adding at the end
the following:
``(8)(A) At the request of an applicant, and subject to
subparagraph (B), the Secretary of Energy may use funds
appropriated to the Secretary of Energy to carry out
financial and technical assessments, and related activities,
in connection with applications for loans and loan guarantees
under this subsection to support eligible projects, including
renewable energy and transmission projects on or near Indian
land and eligible projects carried out outside Indian land.
``(B) The Secretary of Energy may use not more than
$500,000 to carry out financial and technical assessments
under subparagraph (A) for any 1 application for a loan or
loan guarantee under this subsection.''.
(2) Denial of double benefit restriction.--
(A) In general.--Section 50145(a) of Public Law 117-169
(136 Stat. 2045) is amended by striking ``, subject to the
limitations that apply to loan guarantees under section
50141(d)''.
(B) Additional doe tribal programs.--Section 50141(d)(3) of
Public Law 117-169 (136 Stat. 2043) is amended--
(i) in subparagraph (C), by striking ``or'' at the end;
(ii) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(E) projects carried out by an Indian Tribe on or near
Indian land or outside Indian land.''.
(b) Preventing Outages and Enhancing the Resilience of the
Electric Grid.--Section 40101 of the Infrastructure
Investment and Jobs Act (42 U.S.C. 18711) is amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) In general.--For each fiscal year, to be eligible to
receive a grant under this subsection--
``(i) a State shall submit to the Secretary an application
that includes a plan described in subparagraph (B); and
``(ii) an Indian Tribe shall submit to the Secretary an
application, which shall include--
[[Page S4865]]
``(I) a plan that describes how the Indian Tribe will use
the proposed funding for projects if the Indian Tribe will be
executing the projects; or
``(II) a plan described in subparagraph (B), if the Indian
Tribe intends to award grants to eligible entities with
amounts made available to the Indian Tribe under this
subsection.''; and
(ii) in subparagraph (B)--
(I) in the subparagraph heading, by striking ``required''
and inserting ``described'';
(II) in the matter preceding clause (i), by inserting ``,
as applicable,'' after ``Indian Tribe''; and
(III) in clause (iii), by inserting ``, as applicable''
after ``Indian Tribe'';
(B) by striking paragraph (4) and inserting the following:
``(4) Oversight.--The Secretary shall ensure that each
grant provided to a State or an Indian Tribe, if the Indian
Tribe intends to award grants to eligible entities with those
grants funds, under the program is allocated pursuant to the
applicable plan of the State or Indian Tribe, as
applicable.'';
(C) in paragraph (5), by inserting ``, as applicable,''
after ``made available to the applicable State or Indian
Tribe'';
(D) in paragraph (6), by inserting ``, as applicable,''
after ``made available to the State or Indian Tribe'';
(E) in paragraph (7), in the matter preceding subparagraph
(A), by striking ``or Indian Tribe'' each place it appears;
(F) in paragraph (8)--
(i) by striking ``and Indian Tribe''; and
(ii) by striking ``or Indian Tribe''; and
(G) by adding at the end the following:
``(9) Savings provision.--Nothing in this subsection
requires an Indian Tribe to award grants to eligible entities
described in any of subparagraphs (A) through (F) of
subsection (a)(2) with amounts made available to the Indian
Tribe under this subsection.'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``Indian Tribe or'' before ``eligible entity''; and
(ii) in subparagraph (H)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' at the end; and
(III) by adding at the end the following:
``(iii) distributed generation;''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting
``Indian Tribe or'' before ``eligible entity''; and
(II) in clause (i)(I), by inserting ``transmission system-
connected'' before ``electric generating''; and
(ii) in subparagraph (B)--
(I) in clause (i), by inserting ``Indian Tribe or'' before
``eligible entity''; and
(II) in clause (ii), by inserting ``Indian Tribe or''
before ``eligible entity''; and
(3) in subsection (h)--
(A) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) Indian tribes.--An Indian Tribe that receives or
awards a grant under subsection (d) or an eligible entity
described in subsection (a)(2) that is owned by an Indian
Tribe and receives a grant under subsection (c) shall not be
required to match any amount of the applicable grant.''.
(c) Cost-sharing Exemption Under the Energy Policy Act of
2005.--Section 988(f) of the Energy Policy Act of 2005 (42
U.S.C. 16352(f)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3)(B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(4) a grant awarded to an Indian Tribe under section
40101(d) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18711(d)).''.
______
SA 2542. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. __. ARTIFICIAL INTELLIGENCE-ENABLED WEAPON SYSTEMS
CENTER OF EXCELLENCE.
(a) Findings.--Congress makes the following findings:
(1) The conflict in Ukraine has emerged as a proving ground
for new artificial intelligence-powered military technology,
including drones and other vehicles capable of using
artificial intelligence to navigate Global Positioning
System-denied environments.
(2) Ukrainian companies have claimed to have fielded fully
autonomous weapons that can select and engage targets without
intervention by a human operator.
(3) Russian military forces have recognized the disruptive
power of artificial intelligence-enabled weapon systems and
are quickly learning from battlefield experience and rapidly
adapting.
(4) The Government of the Russian Federation is using these
lessons to inform its own weapons systems, develop
countermeasures, and proliferate this technology to other
adversaries.
(5) As a result, it is critical that the Department of
Defense be postured to leverage data and artificial
intelligence insights garnered from the conflict in Ukraine
to optimize United States operations, logistics, and
decision-making processes
(b) Establishment of Center of Excellence.--The Under
Secretary of Defense for Research and Engineering, in
coordination with the Chief Digital and Artificial
Intelligence Officer, shall establish an Artificial
Intelligence-Enabled Weapon Systems Center of Excellence (in
this section referred to as the ``Center''). The Center
shall--
(1) create a hub of excellence for the latest advancements
in artificial intelligence-enabled weapon systems,
countermeasures, and training methodologies;
(2) facilitate collaboration among the Department of
Defense and foreign partners, including Ukraine, to identify
and promulgate best practices, standards, and benchmarks;
(3) facilitate collaboration among the Department of
Defense and industry and academia in the United States,
including innovative United States technology companies with
expertise in artificial intelligence-enabled systems and
autonomous and semi-autonomous weapons;
(4) serve as a premier training location for the Department
of Defense; and
(5) carry out such other responsibilities as the Under
Secretary determines appropriate.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional
defense committees a report that includes the plan for the
establishment of the Center and provide the committees a
briefing on the plan.
(d) Artificial Intelligence-enabled Weapon System
Defined.--In this section, the term ``artificial
intelligence-enabled weapon system'' includes AI-enabled
autonomous unmanned aerial systems, autonomous unmanned
surface vessels, and other lethal autonomous and semi-
autonomous weapon systems as determined by the Under
Secretary of Defense for Research and Engineering.
______
SA 2543. Mr. KAINE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2857. MILITARY INSTALLATION RESILIENCE PROJECT
ACCELERATION PROGRAM.
(a) Establishment of Program.--Subchapter I of chapter 169
of title 10, United States Code, is amended by inserting
after section 2815a the following new section:
``Sec. 2815b. Military Installation Resilience Project
Acceleration Program
``(a) Establishment.--There is established in the Office of
the Secretary of Defense a program to be known as the
`Military Installation Resilience Project Acceleration
Program' (in this section referred to as the `Program').
``(b) Purpose.--The Program shall be conducted for the
purpose of accelerating the planning for and implementation
of projects and other actions on or related to a military
installation that are--
``(1) addressed in the military installation resilience
component of installation master plans developed in
accordance with section 2864(c) of this title;
``(2) identified as current or potential military
installation resilience projects under section 2815 of this
title;
``(3) identified as current or potential projects for the
improvement of stormwater management in accordance with
section 2815a of this title;
``(4) identified as suitable to preserve or enhance the
climate resilience of defense access roads in accordance with
section 210 of title 23;
``(5) identified as related to military installation
resilience in a current or potential intergovernmental
support agreement under section 2679 of this title;
``(6) identified as related to establishing and
supporting--
``(A) resilience coordinators for sentinel landscapes
designated in accordance with section 2693 of this title; or
``(B) Interagency Regional Coordinators established under
section 2872 of the National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2864 note);
or
``(7) identified as related to conducting flood risk
management studies or projects on military installations or
operational ranges.
``(c) Identification of Projects and Other Actions.--The
Secretary of Defense shall establish a merit-based process
for identifying projects and other actions suitable for
funding through the Program.
``(d) Transfer Authority.--(1) To accomplish the purpose
under subsection (b), amounts appropriated for the Program
for a
[[Page S4866]]
fiscal year may be transferred by the Secretary of Defense
pursuant to transfer authority available to the Secretary
under the provisions of an authorization Act or
appropriations Act for that fiscal year to any of the
following accounts of the Department of Defense:
``(A) Operation and maintenance accounts.
``(B) Research, development, test, and evaluation accounts.
``(C) Military construction accounts.
``(D) Minor military construction accounts.
``(2) An amount transferred under paragraph (1) shall be--
``(A) merged with and deemed to increase the amount
authorized and appropriated for the account to which the
amount was transferred by an amount equal to the amount so
transferred; and
``(B) available for the same purposes as amounts in the
account to which transferred.
``(e) Rule of Construction.--Nothing in this section shall
be construed to require or enable any official of the
Department of Defense to provide funding under this section
pursuant to a community project funding request, as defined
in the Rules of the House of Representatives, or a
congressionally directed spending item, as defined in the
Standing Rules of the Senate.
``(f) Annual Reports.--(1) Not later than March 1 of each
year, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the Program.
``(2) Each report under paragraph (1) shall include the
following:
``(A) A description of the nature and status of the
projects or actions undertaken in whole or part with funds
appropriated for the Program.
``(B) An assessment of the effectiveness of such projects
or actions as part of a long-term strategy--
``(i) to ensure the resilience of military installations,
key supporting civilian infrastructure, and defense access
roads; and
``(ii) to improve the management of stormwater on or
related to a military installation.
``(C) An evaluation of the methodology and criteria used to
select and to establish priorities for projects and actions
funded in whole or part with funds appropriated for the
Program.
``(D) Such recommendations as the Secretary of Defense
considers appropriate for legislative or administrative
action to improve the efficiency and effectiveness of the
Program.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2815a the following new item:
``2815b. Military Installation Resilience Project Acceleration
Program.''.
______
SA 2544. Mr. MANCHIN (for himself and Mr. Barrasso) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Expanding Public Lands
Outdoor Recreation Experiences Act'' or the ``EXPLORE Act''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Federal land management agency.--The term ``Federal
land management agency'' has the meaning given the term in
section 802 of the Federal Lands Recreation Enhancement Act
(16 U.S.C. 6801).
(2) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' has the meaning
given the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
(3) Gateway community.--The term ``gateway community''
means a community that serves as an entry point, or is
adjacent, to a recreation destination on Federal recreational
lands and waters or non-Federal land at which there is
consistently high, in the determination of the Secretaries,
seasonal or year-round visitation.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Land use plan.--The term ``land use plan'' means--
(A) a land use plan prepared by the Secretary pursuant to
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712); and
(B) a land management plan prepared by the Forest Service
for a unit of the National Forest System pursuant to section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604).
(6) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to land
managed by the Forest Service.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Outdoor Recreation Policy
SEC. 5111. CONGRESSIONAL DECLARATION OF POLICY.
Congress declares that it is the policy of the Federal
Government to foster and encourage recreation on Federal
recreational lands and waters, to the extent consistent with
the laws applicable to specific areas of Federal recreational
lands and waters, including multiple-use mandates and land
management planning requirements.
SEC. 5112. IDENTIFYING OPPORTUNITIES FOR RECREATION.
(a) Inventory and Assessments.--
(1) In general.--The Secretary concerned shall--
(A) conduct an inventory and assessment of recreation
resources for Federal recreational lands and waters;
(B) provide opportunity for public comment during the
development of the inventory and assessment of recreation
resources under subparagraph (A); and
(C) update the inventory and assessment as the Secretary
concerned determines appropriate.
(2) Unique recreation values.--An inventory and assessment
conducted under paragraph (1) shall--
(A) recognize--
(i) any unique recreation values and recreation
opportunities; and
(ii) areas of concentrated recreational use;
(B) identify, list, and map recreation resources by--
(i) type of recreation opportunity and type of natural or
artificial recreation infrastructure; and
(ii) to the extent available, the level of use of the
recreation resource as of the date of the inventory; and
(C) identify, to the extent practicable, any trend relating
to recreation opportunities or use at a recreation resource
identified under subparagraph (A).
(3) Assessments.--For any recreation resource inventoried
under paragraph (1), the Secretary concerned shall assess--
(A) the routine and deferred maintenance needs of, and
expenses necessary to administer, the recreation resource;
and
(B) the suitability for developing, expanding, or enhancing
the recreation resource.
(b) Existing Efforts.--To the extent practicable, the
Secretary concerned shall use or incorporate existing
applicable research and planning decisions and processes in
carrying out this section.
(c) Conforming Amendments.--Section 200103 of title 54,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g), and (h), respectively.
SEC. 5113. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.
(a) Definitions.--Section 200102 of title 54, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively; and
(2) by inserting before paragraph (4), as so redesignated,
the following:
``(1) Council.--The term `Council' means the Federal
Interagency Council on Outdoor Recreation established under
section 200104.
``(2) Federal land and water management agency.--The term
`Federal land and water management agency' means the National
Park Service, Bureau of Land Management, United States Fish
and Wildlife Service, Bureau of Indian Affairs, Bureau of
Reclamation, Forest Service, Corps of Engineers, and the
National Oceanic and Atmospheric Administration.
``(3) Federal recreational lands and waters.--The term
`Federal recreational lands and waters' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) and also includes Federal
lands and waters managed by the Bureau of Indian Affairs,
Corps of Engineers, or National Oceanic and Atmospheric
Administration.''.
(b) Establishment of Council.--Section 200104 of title 54,
United States Code, is amended to read as follows:
``Sec. 200104. Federal Interagency Council on Outdoor
Recreation
``(a) Establishment.--The Secretary shall establish an
interagency council, to be known as the `Federal Interagency
Council on Outdoor Recreation'.
``(b) Composition.--
``(1) In general.--The Council shall be composed of
representatives of each Federal land and water management
agency, to be appointed by the head of the respective agency.
``(2) Additional participants.--In addition to the members
of the Council appointed under paragraph (1), the Secretary
may invite participation in the Council's meetings
[[Page S4867]]
or other activities from representatives of the following:
``(A) The Council on Environmental Quality.
``(B) The Natural Resources Conservation Service.
``(C) Rural development programs of the Department of
Agriculture.
``(D) The National Center for Chronic Disease Prevention
and Health Promotion.
``(E) The Environmental Protection Agency.
``(F) The Department of Transportation, including the
Federal Highway Administration.
``(G) The Tennessee Valley Authority.
``(H) The Department of Commerce, including--
``(i) the Bureau of Economic Analysis;
``(ii) the National Travel and Tourism Office; and
``(iii) the Economic Development Administration.
``(I) The Federal Energy Regulatory Commission.
``(J) An applicable State agency or office.
``(K) An applicable agency or office of a local government.
``(L) Other organizations or interests, as determined
appropriate by the Secretary.
``(3) State coordination.--In determining additional
participants under this subsection, the Secretary shall seek
to ensure that States are invited and represented in the
Council's meetings or other activities.
``(4) Leadership.--The leadership of the Council shall
rotate every 2 years among the Council members appointed
under paragraph (1), or as otherwise determined by the
Secretary in consultation with the Secretaries of
Agriculture, Defense, and Commerce.
``(5) Funding.--Notwithstanding section 708 of title VII of
division E of the Consolidated Appropriations Act, 2023
(Public Law 117-328), the Council members appointed under
paragraph (1) may enter into agreements to share the
management and operational costs of the Council.
``(c) Coordination.--The Council shall meet as frequently
as appropriate for the purposes of coordinating on issues
related to outdoor recreation, including--
``(1) recreation programs and management policies across
Federal land and water management agencies, including
activities associated with the implementation of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.), as
appropriate;
``(2) the response by Federal land and water management
agencies to public health emergencies or other emergencies,
including those that result in disruptions to, or closures
of, Federal recreational lands and waters;
``(3) the expenditure of funds relating to outdoor
recreation on Federal recreational lands and waters,
including funds made available under section 40804(b)(7) of
the Infrastructure Investment and Jobs Act (16 U.S.C.
6592a(b)(7));
``(4) management of emerging technologies on Federal
recreational lands and waters;
``(5) research activities, including quantifying the
economic impacts of recreation;
``(6) dissemination to the public of outdoor recreation-
related information, in a manner that ensures the recreation-
related information is easily accessible with modern
communication devices;
``(7) the improvement of access to Federal recreational
lands and waters;
``(8) the identification and engagement of partners outside
the Federal Government--
``(A) to promote outdoor recreation;
``(B) to facilitate collaborative management of outdoor
recreation; and
``(C) to provide additional resources relating to enhancing
outdoor recreation opportunities; and
``(9) any other outdoor recreation-related issues that the
Council determines necessary.
``(d) Effect.--Nothing in this section affects the
authorities, regulations, or policies of a Federal land and
water management agency or any Federal agency described in
subsection (b)(2).''.
(c) Clerical Amendment.--The table of sections for chapter
2001 of title 54, United States Code, is amended by striking
the item relating to section 200104 and inserting the
following:
``200104. Federal Interagency Council on Outdoor Recreation''.
SEC. 5114. RECREATION BUDGET CROSSCUT.
Not later than 30 days after the end of each fiscal year,
beginning with fiscal year 2025, the Director of the Office
of Management and Budget shall submit to Congress and make
public online a report that describes and itemizes the total
amount of funding relating to outdoor recreation that was
obligated in the preceding fiscal year in accounts in the
Treasury for the Department of the Interior and the
Department of Agriculture.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
SEC. 5121. BIKING ON LONG-DISTANCE TRAILS.
(a) Identification of Long-distance Trails.--Not later than
18 months after the date of the enactment of this title, the
Secretaries shall identify--
(1) not fewer than 10 long-distance bike trails that make
use of trails and roads in existence on the date of the
enactment of this title; and
(2) not fewer than 10 areas in which there is an
opportunity to develop or complete a trail that would qualify
as a long-distance bike trail.
(b) Public Comment.--The Secretaries shall--
(1) develop a process to allow members of the public to
comment regarding the identification of trails and areas
under subsection (a); and
(2) consider the identification, development, and
completion of long-distance bike trails in a geographically
equitable manner.
(c) Maps, Signage, and Promotional Materials.--For any
long-distance bike trail identified under subsection (a), the
Secretary concerned may--
(1) publish and distribute maps, install signage, and issue
promotional materials;
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the stewardship, development,
or completion of trails; and
(3) partner with interested organizations to promote trails
identified in the report published under subsection (d).
(d) Report.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, shall prepare and
publish a report that lists the trails identified under
subsection (a), including a summary of public comments
received in accordance with the process developed under
subsection (b).
(e) Conflict Avoidance With Other Uses.--Before identifying
a long-distance bike trail under subsection (a), the
Secretary concerned shall ensure the long-distance bike
trail--
(1) minimizes conflict with--
(A) the uses, before the date of the enactment of this
title, of any trail or road that is part of that long-
distance bike trail; and
(B) multiple-use areas where biking, hiking, horseback
riding, or use by pack and saddle stock are existing uses on
the date of the enactment of this title;
(2) would not conflict with--
(A) the purposes for which any trail was or is established
under the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) a wilderness area established under the Wilderness Act
(16 U.S.C. 1131 et seq.); and
(3) complies with land use and management plans of the
Federal recreational lands that are part of that long-
distance bike trail.
(f) Eminent Domain or Condemnation.--In carrying out this
section, the Secretaries may not use eminent domain or
condemnation.
(g) Definitions.--In this section:
(1) Long-distance bike trail.--The term ``long-distance
bike trail'' means a continuous route, consisting of 1 or
more trails or rights-of-way, that--
(A) is not less than 80 miles in length;
(B) primarily makes use of dirt or natural surface trails,
including crushed stone or gravel;
(C) may require connections along paved or other improved
roads;
(D) does not include Federal recreational lands where
biking or related activities are not consistent with
management requirements for those Federal recreational lands;
and
(E) to the maximum extent practicable, makes use of trails
and roads that were on Federal recreational lands on or
before the date of the enactment of this title.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 5122. ROCK CLIMBING.
(a) In General.--Not later than 18 months after the date of
the enactment of this title, each Secretary concerned shall
issue guidance for recreational climbing activities on
Federal recreational lands.
(b) Applicable Law.--The guidance issued under subsection
(a) shall ensure that recreational climbing activities comply
with the laws (including regulations) applicable to the
Federal recreational lands.
(c) Wilderness Areas.--The guidance issued under subsection
(a) shall recognize that recreational climbing (including the
use, placement, and maintenance of fixed anchors, where
necessary for safety) is an appropriate use within a
component of the National Wilderness Preservation System, if
undertaken--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and other applicable laws (including regulations);
and
(2) subject to any terms and conditions determined by the
Secretary concerned to be appropriate.
(d) Authorization.--The guidance issued under subsection
(a) shall describe the requirements, if any, for the
placement and maintenance of fixed anchors for recreational
climbing in a component of the National Wilderness
Preservation System, including any terms and conditions
determined by the Secretary concerned to be appropriate,
which may be issued programmatically or on a case-by-case
basis.
(e) Existing Routes.--The guidance issued under subsection
(a) shall include direction providing for the continued use
and maintenance of recreational climbing routes (including
fixed anchors along the routes) in existence as of the date
of the enactment of this title, in accordance with this
section and applicable laws (including regulations) and
agency management plans.
(f) Public Comment.--Before finalizing the guidance issued
under subsection (a), the Secretary concerned shall provide
opportunities for public comment with respect to the
guidance.
SEC. 5123. RANGE ACCESS.
(a) Definition of Target Shooting Range.--In this section,
the term ``target
[[Page S4868]]
shooting range'' means a developed and managed area that is
authorized or operated by the Forest Service, a concessioner
of the Forest Service, or the Bureau of Land Management (or
its lessee) specifically for the purposeful discharge by the
public of legal firearms, firearms training, archery, or
other associated activities.
(b) Assessment; Identification of Target Shooting Range
Locations.--
(1) Assessment.--Not later than 1 year after the date of
the enactment of this title, the Secretary concerned shall
make available to the public a list that--
(A) identifies each National Forest and each Bureau of Land
Management district that has a target shooting range that
meets the requirements described in paragraph (3)(B);
(B) identifies each National Forest and each Bureau of Land
Management district that does not have a target shooting
range that meets the requirements described in paragraph
(3)(B); and
(C) for each National Forest and each Bureau of Land
Management district identified under subparagraph (B),
provides a determination of whether applicable law or the
applicable land use plan prevents the establishment of a
target shooting range that meets the requirements described
in paragraph (3)(B).
(2) Identification of target shooting range locations.--
(A) In general.--The Secretary concerned shall identify at
least 1 suitable location for a target shooting range that
meets the requirements described in paragraph (3)(B) within
each National Forest and each Bureau of Land Management
district with respect to which the Secretary concerned has
determined under paragraph (1)(C) that the establishment of a
target shooting range is not prevented by applicable law or
the applicable land use plan.
(B) Requirements.--The Secretaries, in consultation with
the entities described in subsection (d), shall, for purposes
of identifying a suitable location for a target shooting
range under subparagraph (A)--
(i) consider the proximity of areas frequently used by
recreational shooters;
(ii) ensure that the target shooting range would not
adversely impact a shooting range operated on non-Federal
land; and
(iii) consider other nearby uses, including recreational
uses and proximity to units of the National Park System, to
minimize potential conflict and prioritize visitor safety.
(3) Establishment of new target shooting ranges.--
(A) In general.--Not later than 5 years after the date of
the enactment of this title, at 1 or more suitable locations
identified on each eligible National Forest and Bureau of
Land Management district under paragraph (2)(A), the
Secretary concerned shall--
(i) subject to the availability of appropriations for such
purpose, construct a target shooting range that meets the
requirements described in subparagraph (B) or modify an
existing target shooting range to meet the requirements
described in subparagraph (B); or
(ii) enter into an agreement with an entity described in
subsection (d)(1), under which the entity shall establish or
maintain a target shooting range that meets the requirements
described in subparagraph (B).
(B) Requirements.--A target shooting range established
under this paragraph--
(i)(I) shall be able to accommodate rifles and pistols;
(II) may include skeet, trap, or sporting clay
infrastructure; and
(III) may accommodate archery;
(ii) shall include appropriate public safety designs and
features, including--
(I) significantly modified landscapes, including berms,
buffer distances, or other public safety designs or features;
and
(II) a designated firing line; and
(iii) may include--
(I) shade structures;
(II) trash containers;
(III) restrooms;
(IV) benches; and
(V) any other features that the Secretary concerned
determines to be necessary.
(C) Recreation and public purposes act.--For purposes of
subparagraph (A), the Secretary concerned may consider a
target shooting range that is located on land transferred or
leased pursuant to the Act of June 14, 1926 (commonly known
as the ``Recreation and Public Purposes Act'') (44 Stat. 741,
chapter 578; 43 U.S.C. 869 et seq.), as a target shooting
range that meets the requirements described in subparagraph
(B).
(c) Restrictions.--
(1) Management.--The management of a target shooting range
shall be subject to such conditions as the Secretary
concerned determines are necessary for the safe, responsible
use of--
(A) the target shooting range; and
(B) the adjacent land and resources.
(2) Closures.--Except in emergency situations, the
Secretary concerned shall seek to ensure that a target
shooting range that meets the requirements described in
subsection (b)(3)(B), or an equivalent shooting range
adjacent to a National Forest or Bureau of Land Management
district, is available to the public prior to closing Federal
recreational lands and waters administered by the Secretary
concerned to recreational shooting, in accordance with
section 4103 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (16 U.S.C. 7913).
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretaries shall coordinate with--
(A) State, Tribal, and local governments;
(B) nonprofit or nongovernmental organizations, including
organizations that are signatories to the memorandum of
understanding entitled ``Federal Lands Hunting, Fishing, and
Shooting Sports Roundtable Memorandum of Understanding'' and
signed by the Forest Service and the Bureau of Land
Management on August 17, 2006;
(C) shooting clubs;
(D) Federal advisory councils relating to hunting and
shooting sports;
(E) individuals or entities with authorized leases or
permits in an area under consideration for a target shooting
range; and
(F) private landowners adjacent to a target shooting range.
(2) Partnerships.--The Secretaries may--
(A) coordinate with an entity described in paragraph (1) to
assist with the construction, modification, operation, or
maintenance of a target shooting range; and
(B) explore opportunities to leverage funding to maximize
non-Federal investment in the construction, modification,
operation, or maintenance of a target shooting range.
(e) Annual Reports.--Not later than 2 years after the date
of the enactment of this title and annually thereafter
through fiscal year 2033, the Secretaries shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing the progress made with
respect to the implementation of this section.
(f) Savings Clause.--Nothing in this section affects the
authority of the Secretary concerned to administer a target
shooting range that is in addition to the target shooting
ranges that meet the requirements described in subsection
(b)(3)(B) on Federal recreational lands and waters
administered by the Secretary concerned.
SEC. 5124. RESTORATION OF OVERNIGHT CAMPSITES.
(a) Definitions.--In this section:
(1) Recreation area.--The term ``Recreation Area'' means
the recreation area and grounds associated with the
recreation area on the map entitled ``Ouachita National
Forest Camping Restoration'' and dated November 30, 2023, on
file with the Forest Service.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) In General.--The Secretary shall--
(1) not later than 6 months after the date of the enactment
of this title, identify 54 areas within the Recreation Area
that may be suitable for overnight camping; and
(2) not later than 2 years after the date of the enactment
of this title--
(A) review each area identified under paragraph (1); and
(B) from the areas so identified, select and establish at
least 27 campsites and related facilities within the
Recreation Area for public use.
(c) Requirements Related to Campsites and Related
Facilities.--The Secretary shall--
(1) ensure that at least 27 campsites are available under
subsection (b), of which not less than 8 shall have electric
and water hookups; and
(2) ensure that each campsite and related facility
identified or established under subsection (b) is located
outside of the 1 percent annual exceedance probability flood
elevation.
(d) Reopening of Certain Sites.--Not later than 30 days
after the date of the enactment of this title, the Secretary
shall open each campsite within the Recreation Area that--
(1) exists on the date of the enactment of this title;
(2) is located outside of the 1 percent annual exceedance
probability flood elevation;
(3) was in operation on June 1, 2010; and
(4) would not interfere with any current (as of the date of
the enactment of this title) day use areas.
(e) Day Use Areas.--Not later than 1 year after the date of
the enactment of this title, the Secretary shall take such
actions as are necessary to rehabilitate and make publicly
accessible the areas in the Recreation Area identified for
year-round day use, including the following:
(1) Loop A.
(2) Loop B.
(3) The covered, large-group picnic pavilion in Loop D.
(4) The parking lot in Loop D.
SEC. 5125. FEDERAL INTERIOR LAND MEDIA.
(a) Filming in National Park System Units.--
(1) In general.--Chapter 1009 of title 54, United States
Code, is amended by striking section 100905 and inserting the
following:
``Sec. 100905. Filming and still photography in System units
``(a) Filming and Still Photography.--
``(1) Permits for filming or still photography activity.--
``(A) In general.--The Secretary may, for a filming or
still photography activity or similar project in a System
unit (referred to in this section as a `filming or still
photography activity')--
``(i) except as provided in subparagraph (B), require an
authorization or permit; and
``(ii) if an authorization or permit is issued, assess a
reasonable fee, as described in subsection (b)(1).
``(B) Exceptions.--The Secretary shall not require an
authorization or a permit or assess a fee for a filming or
still photography activity that--
[[Page S4869]]
``(i) does not substantially impede or intrude on the
experience of other visitors to the applicable System unit;
``(ii) does not, except as otherwise authorized, materially
disturb or negatively impact--
``(I) a natural resource, as that term is defined in
section 300.5 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the EXPLORE Act);
``(II) a cultural resource; or
``(III) an environmental, scientific, historic, or scenic
value;
``(iii) occurs at a location in which the public is
allowed;
``(iv) does not require the exclusive use of a site or
area;
``(v) does not involve a set or staging or lighting
equipment unless the equipment is carriable by hand (such as
a tripod, monopod, or handheld lighting equipment);
``(vi) is conducted in a manner consistent with visitor use
policies, practices, and regulations applicable to the
applicable System unit;
``(vii) does not result in additional administrative costs
incurred by the Secretary for providing on-site management
and oversight to protect agency resources or minimize visitor
use conflicts;
``(viii) is conducted in a manner that is consistent with
other applicable Federal, State (as defined in section 5002
of the EXPLORE Act), and local laws (including regulations),
including laws relating to the use of unmanned aerial
equipment; and
``(ix) does not impede the management and staff operations
in the applicable System unit.
``(C) No filming or photography authorized.--The Secretary
shall not issue an authorization or permit for a filming or
still photography activity if the Secretary determines that
the filming or still photography activity--
``(i) would cause resource damage in the applicable System
unit;
``(ii) would cause an unreasonable disruption of the use
and enjoyment by the public of the applicable System unit;
``(iii) would pose a health or safety risk to the public;
or
``(iv) would cause unreasonable disruption of the use of,
operations on, or access to the applicable System unit by
Federal land management agencies, volunteers, contractors,
partners, or land use authorization holders.
``(2) Application.--
``(A) Permits requested though not required.--On the
request of a person intending to carry out a filming or still
photography activity, the Secretary may issue an
authorization or permit for the filming or still photography
activity, even if an authorization or permit is not required
under this section.
``(B) Filming and still photography at authorized events.--
A filming or still photography activity at an activity or
event that is authorized under a special event permit and
conducted by the permittee or a person affiliated with the
permittee, including a wedding, engagement party, family
reunion, photography-club outing, or celebration of a
graduate, shall not require a separate filming or still
photography authorization or permit under this section.
``(C) Monetary compensation.--The Secretary shall not
consider whether a person conducting a filming or still
photography activity would receive monetary compensation for
the filming or still photography activity in determining
whether the filming or still photography activity is
authorized or requires an authorization or permit under this
section.
``(D) Number of individuals.--For purposes of determining
whether a filming or still photography activity conforms with
the criteria described in subparagraph (B) or (C) of
paragraph (1), the number of individuals participating in the
activity shall not be the sole consideration of the
Secretary.
``(E) Application of other laws.--The Secretary shall
ensure that a filming or still photography activity and any
necessary authorizing or permitting for a filming or still
photography activity are carried out in a manner consistent
with the management plan of the applicable System unit and
the laws and policies applicable to the Service.
``(3) Processing of permit applications.--
``(A) In general.--The Secretary shall establish a process
to ensure that the Secretary responds in a timely manner to
an application required under paragraph (1), including a
process to respond rapidly to requests related to breaking
news events.
``(B) Coordination.--If one or more authorizations or
permits are required under this section for 2 or more Federal
agencies or Federal land management units and System units,
the Secretary and the head of any other applicable Federal
agency, as applicable, shall, to the maximum extent
practicable, coordinate authorization and permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit or System unit--
``(i) to review the application for the authorization or
permits;
``(ii) to issue the authorization or permits; and
``(iii) to collect any required fees and recovery costs
under subsection (b).
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in paragraphs
(1)(A) and (3)(B) of subsection (a) shall be assessed based
on--
``(A) the number of days required for the filming or still
photography activity within the System unit;
``(B) the size of the film or still photography crew
present in the System unit;
``(C) the quantity and type of film or still photography
equipment present in the System unit; and
``(D) any other factors that the Secretary determines to be
necessary to provide a fair return to the United States.
``(2) Recovery of costs.--For any authorization or permit
issued under subsection (a), and in addition to any fee
assessed in accordance with paragraph (1), the Secretary
shall collect from the applicant for the applicable
authorization or permit any costs incurred by the Secretary
for the permit, including--
``(A) the costs of the review or issuance of the
authorization or permit; and
``(B) related administrative and personnel costs.
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section shall--
``(i) be available for expenditure by the Secretary,
without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph (2)(A)
shall--
``(i) be available for expenditure by the Secretary,
without further appropriation, at the System unit at which
the costs are collected; and
``(ii) remain available until expended.
``(c) Civil Penalty.--Not later than 2 years after the date
of enactment of the EXPLORE Act the Secretary shall issue
guidance that establishes a civil penalty for failing to
obtain an authorization or permit as required under
subsection (a)(1).''.
(2) Clerical amendment.--The table of sections for chapter
1009 of title 54, United States Code, is amended by striking
the item relating to section 100905 and inserting the
following:
``100905. Filming and still photography in System units.''.
(b) Filming on Other Federal Land.--Public Law 106-206 (16
U.S.C. 460l-6d) is amended by striking section 1 and
inserting the following:
``SECTION 1. FILMING AND STILL PHOTOGRAPHY.
``(a) Filming and Still Photography.--
``(1) Permits for filming or still photography activity.--
``(A) In general.--The Secretary concerned may, for a
filming or still photography activity or similar project in a
Federal land management unit under the jurisdiction of the
Secretary concerned (referred to in this section as a
`filming or still photography activity')--
``(i) except as provided in subparagraph (B), require an
authorization or permit; and
``(ii) if an authorization or permit is issued, assess a
reasonable fee, as described in subsection (b)(1).
``(B) Exceptions.--The Secretary concerned shall not
require an authorization or a permit or assess a fee for a
filming or still photography activity that--
``(i) does not substantially impede or intrude on the
experience of other visitors to the applicable Federal land
management unit;
``(ii) does not, except as otherwise authorized, materially
disturb or negatively impact--
``(I) a natural resource, as that term is defined in
section 300.5 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the EXPLORE Act);
``(II) a cultural resource; or
``(III) an environmental, scientific, historic, or scenic
value;
``(iii) occurs at a location in which the public is
allowed;
``(iv) does not require the exclusive use of a site or
area;
``(v) does not involve a set or staging or lighting
equipment unless the equipment is carriable by hand (such as
a tripod, monopod, or handheld lighting equipment);
``(vi) is conducted in a manner consistent with visitor use
policies, practices, and regulations applicable to the
applicable Federal land management unit;
``(vii) does not result in additional administrative costs
incurred by the Secretary concerned for providing on-site
management and oversight to protect agency resources or
minimize visitor use conflicts;
``(viii) is conducted in a manner that is consistent with
other applicable Federal, State, and local laws (including
regulations), including laws relating to the use of unmanned
aerial equipment; and
``(ix) does not impede the management and staff operations
in the applicable Federal land management unit.
``(C) No filming or photography authorized.--The Secretary
concerned shall not issue an authorization or permit for a
filming or still photography activity if the Secretary
concerned determines that the filming or still photography
activity--
``(i) would cause resource damage in the applicable Federal
land management unit;
``(ii) would cause an unreasonable disruption of the use
and enjoyment by the public of the applicable Federal land
management unit;
``(iii) would pose a health or safety risk to the public;
or
``(iv) would cause unreasonable disruption of the use of,
operations on, or access to the applicable Federal land
management unit by Federal land management agencies,
volunteers, contractors, partners, or permit holders.
``(2) Application.--
[[Page S4870]]
``(A) Permits requested though not required.--On the
request of a person intending to carry out a filming or still
photography activity, the Secretary concerned may issue an
authorization or permit for the filming or still photography
activity, even if an authorization or permit is not required
under this section.
``(B) Filming and still photography at authorized events.--
A filming or still photography activity at an activity or
event that is authorized under a special event permit and
conducted by the permittee or a person affiliated with the
permittee, including a wedding, engagement party, family
reunion, photography-club outing, or celebration of a
graduate, shall not require a separate filming or still
photography authorization or permit under this section.
``(C) Monetary compensation.--The Secretary concerned shall
not consider whether a person conducting a filming or still
photography activity would receive monetary compensation for
the filming or still photography activity in determining
whether the filming or still photography activity is
authorized or requires a permit under this section.
``(D) Number of individuals.--For purposes of determining
whether a filming or still photography activity conforms with
the criteria described in subparagraph (B) or (C) of
paragraph (1), the number of individuals participating in the
activity shall not be the sole consideration of the Secretary
concerned.
``(E) Application of other laws.--The Secretary concerned
shall ensure that a filming or still photography activity and
any necessary authorizing or permitting for a filming or
still photography activity are carried out in a manner
consistent with the applicable land use plan and the laws and
policies applicable to the Federal land management agency.
``(3) Processing of permit applications.--
``(A) In general.--The Secretary concerned shall establish
a process to ensure that the Secretary concerned responds in
a timely manner to an application required under paragraph
(1), including a process to respond rapidly to requests
related to breaking news events.
``(B) Coordination.--If one or more authorizations or
permits are required under this section for 2 or more Federal
agencies or Federal land management units, the Secretary
concerned and the head of any other applicable Federal
agency, as applicable, shall, to the maximum extent
practicable, coordinate authorization and permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit--
``(i) to review the application for the authorizations or
permits;
``(ii) to issue the authorizations or permits; and
``(iii) to collect any required fees and recover costs
under subsection (b).
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in paragraphs
(1)(A) and (3)(B) of subsection (a) shall be assessed based
on--
``(A) the number of days required for the filming or still
photography activity within the Federal land management unit;
``(B) the size of the film or still photography crew
present in the Federal land management unit;
``(C) the quantity and type of film or still photography
equipment present in the Federal land management unit; and
``(D) any other factors that the Secretary concerned
determines to be necessary to provide a fair return to the
United States.
``(2) Recovery of costs.--For any authorization or permit
issued under subsection (a) and in addition to any fee
assessed in accordance with paragraph (1), the Secretary
concerned shall collect from the applicant for the applicable
authorization or permit any costs incurred by the Secretary
concerned for the authorization or permit, including--
``(A) the costs of the review or issuance of the
authorization or permit; and
``(B) related administrative and personnel costs.
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph (2)(A)
shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation, at the Federal land
management unit at which the costs are collected; and
``(ii) remain available until expended.
``(c) Civil Penalty.--Not later than 2 years after the date
of enactment of the EXPLORE Act, the Secretary concerned
shall issue guidance that establishes a civil penalty for
failing to obtain an authorization or permit as required
under subsection (a)(1).
``(d) Definitions.--In this section:
``(1) Federal land management unit.--The term `Federal land
management unit' means--
``(A) Federal land (other than National Park System land)
under the jurisdiction of the Secretary of the Interior; and
``(B) National Forest System land.
``(2) Land use plan.--The term `land use plan' means--
``(A) a land use plan prepared by the Secretary of the
Interior pursuant to section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712); and
``(B) a land management plan prepared by the Forest Service
for a unit of the National Forest System pursuant to section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604).
``(3) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Interior, with respect to land
described in paragraph (1)(A); and
``(B) the Secretary of Agriculture, with respect to land
described in paragraph (1)(B).
``(4) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.''.
SEC. 5126. CAPE AND ANTLER PRESERVATION ENHANCEMENT.
Section 104909(c) of title 54, United States Code, is
amended by striking ``meat from'' and inserting ``meat and
any other part of an animal removed pursuant to''.
SEC. 5127. MOTORIZED AND NONMOTORIZED ACCESS.
(a) In General.--The Secretary concerned shall seek to
have, not later than 5 years after the date of the enactment
of this title, in a printed and publicly available format
that is compliant with the format for geographic information
systems--
(1) for each district administered by the Director of the
Bureau of Land Management, a map of ground transportation
linear features authorized for public use or administrative
use; and
(2) for each unit of the National Forest System, a motor
vehicle use map, in accordance with existing law.
(b) Over-snow Vehicle-use Maps.--The Secretary concerned
shall seek to have, not later than 10 years after the date of
the enactment of this title, in a printed and publicly
available format that is compliant with the format for
geographic information systems, an over-snow vehicle-use map
for each unit of Federal recreational lands and waters
administered by the Secretary of Agriculture or Director of
the Bureau of Land Management on which over-snow vehicle-use
occurs, in accordance with existing law.
(c) Out-of-date Maps.--Not later than 20 years after the
date on which the Secretary concerned adopted or reviewed a
map described in subsection (a) or (b), the Secretary
concerned shall review and update, as necessary and with
public comment, the applicable map.
(d) Motorized and Nonmotorized Access.--The Secretaries
shall seek to create additional opportunities, as
appropriate, and in accordance with existing law, for
motorized and nonmotorized access and opportunities on
Federal recreational lands and waters administered by the
Secretary of Agriculture or the Director of the Bureau of
Land Management.
(e) Savings Clause.--Nothing in this section prohibits a
lawful use, including authorized motorized or nonmotorized
uses, on Federal recreational lands and waters administered
by the Secretary concerned, if the Secretary concerned fails
to meet a timeline established under this section.
SEC. 5128. AQUATIC RESOURCE ACTIVITIES ASSISTANCE.
(a) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702)
is amended--
(1) by redesignating paragraphs (11) through (19) as
paragraphs (12) through (20); and
(2) by inserting after paragraph (10) the following:
``(11) `non-Federal entity' means any private entity or
individual, nonprofit organization, institution, non-Federal
government agency or department, or State, or local
government (including a political subdivision, department, or
component thereof).''.
(b) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4722) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Inspection and decontamination.--To minimize the risk
of introduction and dispersal of aquatic nuisance species to
waters of the United States, each Federal member of the Task
Force may, as appropriate and in coordination with States and
Indian tribes--
``(A) conduct inspections and decontamination of
recreational vessels entering or leaving Federal lands and
waters under the jurisdiction of the respective member of the
Task Force;
``(B) if necessary for decontamination purposes, prevent
entry of a recreational vessel until such decontamination is
complete;
``(C) enter into a partnership with a non-Federal entity or
Indian Tribe to--
``(i) conduct inspections and decontaminations of
recreational vessels under this paragraph; or
``(ii) establish an inspection and decontamination station
for recreational vessels; and
``(D) at the sole discretion of the applicable Federal
member of the Task Force, accept inspections and
decontaminations conducted under subparagraph (C)(i) for the
purposes of allowing entry by recreational vessels to water
regulated by such member of the Task Force.
``(4) Minimizing disruption.--Each member of the Task Force
shall, in conducting inspections or decontaminations of
recreational vessels under paragraph (3), or partnering with
a non-Federal entity or Indian tribe to conduct inspections
and decontaminations under paragraph (3), minimize
[[Page S4871]]
disruption to public access for boating and recreation in
noncontaminated recreational vessels to the maximum extent
practicable.
``(5) Exceptions.--
``(A) Authorities.--Nothing in paragraph (3) shall be
construed to--
``(i) limit the authority of the Commandant of the Coast
Guard to regulate vessels provided under any other provision
of law;
``(ii) limit the authority, jurisdiction, or
responsibilities of a State to manage, control, or regulate
fish and wildlife under the laws and regulations of the
State;
``(iii) limit the authority, jurisdiction, or
responsibilities of an Indian Tribe to manage, control, or
regulate fish and wildlife under the treaties, laws, and
regulations of the Indian Tribe;
``(iv) authorize members of the Task Force to control or
regulate within a State the fishing or hunting of fish and
wildlife; or
``(v) authorize members of the Task Force to prohibit
access of recreational vessels to waters of the United States
due solely to the absence of a vessel inspection and
decontamination program or station.
``(B) Locations.--Authorities granted in paragraph (3)
shall not apply at locations where--
``(i) inspection or decontamination activities would
duplicate efforts by the Coast Guard; or
``(ii) the Coast Guard is exercising its authority to
direct vessel traffic pursuant to section 70002 or section
70021 of title 46, United States Code;
``(6) Data sharing.--Each Federal member of the Task Force
shall make available to a State any relevant data gathered
related to inspections or decontaminations carried out under
this subsection in such State, consistent with other laws and
regulations.''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``, economy,
infrastructure,'' after ``environment''; and
(ii) in the second sentence, by inserting ``(including
through the use of recreational vessel inspection and
decontamination stations)'' after ``aquatic nuisance
species''; and
(B) in paragraph (2), in the second sentence, by inserting
``infrastructure, and the'' after ``ecosystems,''.
(c) Grant Program for Recreational Vessel Inspection and
Decontamination Stations in Reclamation States.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner of Reclamation, shall establish a competitive
grant program to provide financial assistance to prohibit
introduction and dispersal of aquatic invasive species into,
within, and out of reclamation projects, including financial
assistance to purchase, establish, operate, or maintain a
recreational vessel inspection and decontamination station
within a reclamation State.
(2) Cost share.--For any grant provided under paragraph
(1), the Federal share of the cost of purchasing,
establishing, operating, and maintaining a recreational
vessel inspection and decontamination station, including
personnel costs, shall not exceed 75 percent of the total
costs.
(3) Eligibility.--To be eligible to obtain assistance under
this subsection, an entity shall--
(A) be party to a partnership agreement under section
1202(c)(3)(C) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4722(c)(3)(C)),
as amended by this section;
(B) receive no Federal funds under such partnership
agreement; and
(C) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(4) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with--
(A) reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
(5) Definitions.--In this subsection:
(A) Reclamation project.--The term ``reclamation project''
has the meaning given the term in section 2803 of the
Reclamation Projects Authorization and Adjustment Act of 1992
(16 U.S.C. 460l-32).
(B) Reclamation state.--The term ``reclamation State'' has
the meaning given the term in section 4014 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C.
390b note).
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
SEC. 5131. GATEWAY COMMUNITIES.
(a) Assessment of Impacts and Needs in Gateway
Communities.--The Secretaries--
(1) shall collaborate with State and local governments,
Indian Tribes, housing authorities, applicable trade
associations, nonprofit organizations, private entities, and
other relevant stakeholders to identify needs and economic
impacts in gateway communities, including--
(A) housing shortages, including for employees of Federal
land management agencies;
(B) demands on and required improvement of existing
municipal infrastructure;
(C) accommodation and management of sustainable visitation;
and
(D) the improvement and diversification of visitor
experiences by bolstering the visitation at--
(i) existing developed locations that are underutilized on
nearby Federal recreational lands and waters that are
suitable for developing, expanding, or enhancing recreation
use, as identified by the Secretaries; or
(ii) existing developed and suitable lesser-known
recreation sites, as identified under section 5132(b)(1)(B),
on nearby land managed by a State agency or a local agency;
and
(2) may address a need identified under paragraph (1) by--
(A) providing financial or technical assistance to a
gateway community under an existing program;
(B) entering into an agreement, right-of-way, or easement,
in accordance with applicable laws; or
(C) issuing an entity referred to in paragraph (1) a
special use permit (other than a special recreation permit
(as defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)), in accordance with
applicable laws.
(b) Technical Assistance to Businesses.--The Secretaries,
in coordination with the heads of other applicable Federal
agencies, shall provide to outdoor recreation and supporting
businesses in gateway communities information on applicable
Federal resources and programs available to provide
financing, technical assistance, or other services to such
businesses to establish, operate, or expand infrastructure to
accommodate and manage sustainable visitation.
(c) Partnerships.--In carrying out this section, the
Secretary concerned may, in accordance with applicable laws,
enter into a public-private partnership, cooperative
agreement, memorandum of understanding, or similar agreement
with a gateway community or a business in a gateway
community.
SEC. 5132. IMPROVED RECREATION VISITATION DATA.
(a) Consistent Visitation Data.--
(1) Annual visitation data.--The Secretaries shall
establish a single visitation data reporting system to report
accurate annual visitation data, in a consistent manner,
for--
(A) each unit of Federal recreational lands and waters; and
(B) land held in trust for an Indian Tribe, on request of
the Indian Tribe.
(2) Categories of use.--Within the visitation data
reporting system established under paragraph (1), the
Secretaries shall--
(A) establish multiple categories of different recreation
activities that are reported consistently across agencies;
and
(B) provide an estimate of the number of visitors for each
applicable category established under subparagraph (A) for
each unit of Federal recreational lands and waters.
(3) Low-use recreation.--In reporting visitation under
paragraph (1), the Secretaries shall seek to model or capture
low-use and dispersed recreation activities that may not be
effectively measured by existing general and opportunistic
survey and monitoring protocols.
(4) Reports.--Not later than 1 year after the date of the
enactment of this title, and annually thereafter, the
Secretaries shall publish on a website of the Secretaries a
report that describes the annual visitation of each unit of
Federal recreational lands and waters, including, to the
maximum extent practicable, visitation categorized by
recreational activity.
(b) Real-time Data Pilot Program.--
(1) In general.--Not later than 5 years after the date of
the enactment of this title, using existing funds available
to the Secretaries, the Secretaries shall carry out a pilot
program, to be known as the ``Real-Time Data Pilot Program''
(referred to in this section as the ``Pilot Program''), to
make available to the public, for each unit of Federal
recreational lands and waters selected for participation in
the Pilot Program under paragraph (2)--
(A) real-time or predictive data on visitation (which may
include data and resources publicly available from existing
nongovernmental platforms) at--
(i) the unit of Federal recreational lands and waters;
(ii) to the extent practicable, areas within the unit of
Federal recreational lands and waters; and
(iii) to the extent practicable, recreation sites managed
by any other Federal agency, a State agency, or a local
agency that are located near the unit of Federal recreational
lands and waters; and
(B) information about lesser-known recreation sites for
which data is provided under subparagraph (A)(iii), in an
effort to encourage visitation among recreational sites.
(2) Locations.--
(A) Initial number of units.--On establishment of the Pilot
Program, the Secretaries shall select for participation in
the Pilot Program--
(i) 10 units of Federal recreational lands and waters
managed by the Secretary; and
(ii) 5 units of Federal recreational lands and waters
managed by the Secretary of Agriculture.
(B) Report.--Not later than 6 years after the date of the
enactment of this title, the Secretaries shall submit a
report to Congress regarding the implementation of the Pilot
Program, including policy recommendations on the expansion of
the Pilot Program to additional units managed by the
Secretaries.
(C) Feedback; support of gateway communities.--The
Secretaries shall--
[[Page S4872]]
(i) prior to selecting locations for the Pilot Program,
solicit feedback regarding participation in the Pilot Program
from communities adjacent to units of Federal recreational
lands and waters and the public; and
(ii) in carrying out subparagraphs (A) and (B), select a
unit of Federal recreation lands and waters to participate in
the Pilot Program only if the community adjacent to the unit
of Federal recreational lands and waters is supportive of the
participation of the unit of Federal recreational lands and
waters in the Pilot Program.
(3) Dissemination of information.--The Secretaries may
disseminate the information described in paragraph (1)
directly or through an entity or organization referred to in
subsection (c).
(4) Inclusion of current assessments.--In carrying out the
Pilot Program, the Secretaries may, to the extent
practicable, rely on assessments completed or data gathered
prior to the date of enactment of this title.
(c) Community Partners and Third-party Providers.--For
purposes of carrying out this section, the Secretary
concerned may--
(1) coordinate and partner with--
(A) communities adjacent to units of Federal recreational
lands and waters;
(B) State and local governments, including outdoor
recreation and tourism offices;
(C) Indian Tribes;
(D) trade associations;
(E) local outdoor recreation marketing organizations;
(F) recreation service providers; or
(G) other relevant stakeholders; and
(2) coordinate or enter into agreements, as appropriate,
with private sector and nonprofit partners, including--
(A) technology companies;
(B) geospatial data companies;
(C) experts in data science, analytics, and operations
research; or
(D) data companies.
(d) Existing Programs.--The Secretaries may use existing
programs or products of the Secretaries to carry out this
section.
(e) Privacy Clauses.--Nothing in this section provides
authority to the Secretaries--
(1) to monitor or record the movements of a visitor to a
unit of Federal recreational lands and waters;
(2) to restrict, interfere with, or monitor a private
communication of a visitor to a unit of Federal recreational
lands and waters; or
(3) to collect--
(A) information from owners of land adjacent to a unit of
Federal recreational lands and waters; or
(B) information on non-Federal land.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
SEC. 5141. CONNECT OUR PARKS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
the term in section 8.1(b) of title 47, Code of Federal
Regulations (or a successor regulation).
(3) Cellular service.--The term ``cellular service'' has
the meaning given the term in section 22.99 of title 47, Code
of Federal Regulations (or a successor regulation).
(4) National park.--The term ``National Park'' means a unit
of the National Park System.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this title, the Secretary shall complete an
assessment of National Parks to identify--
(A) locations in National Parks in which there is the
greatest need for broadband internet access service, based on
the considerations described in paragraph (2)(A); and
(B) areas in National Parks in which there is the greatest
need for cellular service, based on the considerations
described in paragraph (2)(B).
(2) Considerations.--
(A) Broadband internet access service.--For purposes of
identifying locations in National Parks under paragraph
(1)(A), the Secretary shall consider, with respect to each
National Park, the availability of broadband internet access
service in--
(i) housing;
(ii) administrative facilities and related structures;
(iii) lodging;
(iv) developed campgrounds; and
(v) any other location within the National Park in which
broadband internet access service is determined to be
necessary by the superintendent of the National Park.
(B) Cellular service.--For purposes of identifying areas in
National Parks under paragraph (1)(B), the Secretary shall
consider, with respect to each National Park, the
availability of cellular service in any developed area within
the National Park that would increase--
(i) the access of the public to emergency services and
traveler information technologies; or
(ii) the communications capabilities of National Park
Service employees.
(3) Report.--On completion of the assessment under
paragraph (1), the Secretary shall submit to the appropriate
committees of Congress, and make available on the website of
the Department of the Interior, a report describing the
results of the assessment.
(c) Plan.--
(1) In general.--Not later than 3 years after the date of
the enactment of this title, the Secretary shall develop a
plan, based on the results of the assessment completed under
subsection (b) and subject to paragraph (4)--
(A) to install broadband internet access service
infrastructure in certain locations in National Parks; and
(B) to install cellular service equipment and
infrastructure in certain areas of National Parks.
(2) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with--
(A) affected Indian Tribes; and
(B) local stakeholders that the superintendent of the
applicable National Park determines to be appropriate.
(3) Requirements.--The plan developed under paragraph (1)
shall--
(A) provide for avoiding or minimizing impacts to--
(i) National Park viewsheds;
(ii) cultural and natural resources;
(iii) the visitor experience;
(iv) historic properties and the viewsheds of historic
properties; and
(v) other resources or values of the National Park;
(B) provide for infrastructure providing broadband internet
access service or cellular service to be located in--
(i) previously disturbed or developed areas; or
(ii) areas zoned for uses that would support the
infrastructure;
(C) provide for the use of public-private partnerships--
(i) to install broadband internet access service or
cellular service equipment; and
(ii) to provide broadband internet access service or
cellular service;
(D) be technology neutral; and
(E) in the case of broadband internet access service,
provide for broadband internet access service of at least--
(i) a 100-Mbps downstream transmission capacity; and
(ii) a 20-Mbps upstream transmission capacity.
(4) Limitation.--Notwithstanding paragraph (1), a plan
developed under that paragraph shall not be required to
address broadband internet access service or cellular service
in any National Park with respect to which the superintendent
of the National Park determines that there is adequate access
to broadband internet access service or cellular service, as
applicable.
SEC. 5142. BROADBAND INTERNET CONNECTIVITY AT DEVELOPED
RECREATION SITES.
(a) In General.--The Secretary and the Chief of the Forest
Service shall enter into an agreement with the Secretary of
Commerce to foster the installation or construction of
broadband internet infrastructure at developed recreation
sites on Federal recreational lands and waters to establish
broadband internet connectivity--
(1) subject to the availability of appropriations; and
(2) in accordance with applicable law.
(b) Identification.--Not later than 3 years after the date
of the enactment of this title, and annually thereafter
through fiscal year 2031, the Secretary and the Chief of the
Forest Service, in coordination with States and local
communities, shall make publicly available--
(1) a list of the highest priority developed recreation
sites, as determined under subsection (c), on Federal
recreational lands and waters that lack broadband internet;
(2) to the extent practicable, an estimate of--
(A) the cost to equip each of those sites with broadband
internet infrastructure; and
(B) the annual cost to operate that infrastructure; and
(3) a list of potential--
(A) barriers to operating the infrastructure described in
paragraph (2)(A); and
(B) methods to recover the costs of that operation.
(c) Priorities.--In selecting developed recreation sites
for the list described in subsection (b)(1), the Secretary
and the Chief of the Forest Service shall give priority to
developed recreation sites--
(1) at which broadband internet infrastructure has not been
constructed due to--
(A) geographic challenges; or
(B) the location having an insufficient number of nearby
permanent residents, despite high seasonal or daily
visitation levels; or
(2) that are located in an economically distressed county
that could benefit significantly from developing the outdoor
recreation economy of the county.
SEC. 5143. PUBLIC LANDS TELECOMMUNICATIONS.
(a) Report on Rental Fee Retention Authority.--Not later
than 1 year after the date of the enactment of this title,
the Secretary shall submit a comprehensive report
[[Page S4873]]
to the appropriate committees of Congress evaluating the
potential benefits of rental fee retention whereby any fee
collected for the occupancy and use of Federal recreational
lands and waters authorized by a communications use
authorization would be deposited into a special account for
each qualified Federal land management agency and used solely
for activities related to communications sites on lands and
waters managed by a Federal land management agency,
including--
(1) administering communications use authorizations;
(2) preparing needs assessments or other programmatic
analyses necessary to establish communications sites and
authorize communications uses on or adjacent to Federal
recreational lands and waters managed by a Federal land
management agency;
(3) developing management plans for communications sites on
or adjacent to Federal recreational lands and waters managed
by a Federal land management agency on a competitively
neutral, technology neutral, nondiscriminatory basis;
(4) training for management of communications sites on or
adjacent to Federal recreational lands and waters managed by
a Federal land management agency;
(5) obtaining, improving access to, or establishing
communications sites on or adjacent to Federal recreational
lands and waters managed by a Federal land management agency;
and
(6) any combination of purposes described in subparagraphs
(1) through (5).
(b) Definitions.--In this section:
(1) Communications site.--The term ``communications site''
means an area of Federal recreational lands and waters
designated or approved for communications use.
(2) Communications use.--The term ``communications use''--
(A) means the placement, operation, or both, of
infrastructure for wireline or wireless telecommunications,
including cable television, television, and radio
communications, regardless of whether such placement or
operation is pursuant to a license issued by the Federal
Communications Commission or on an unlicensed basis in
accordance with the regulations of the Commission; and
(B) includes ancillary activities, uses, or facilities
directly related to such placement or operation.
(3) Communications use authorization.--The term
``communications use authorization'' means a right-of-way,
permit, or lease granted, issued, or executed by a Federal
land management agency for the primary purpose of authorizing
the occupancy and use of Federal recreational lands and
waters for communications use.
(4) Rental fee.--The term ``rental fee'' means a fee
collected by a Federal land management agency for the
occupancy and use authorized by a communications use
authorization pursuant to and consistent with authorizing
law.
Subtitle E--Public-private Parks Partnerships
SEC. 5151. AUTHORIZATION FOR LEASE OF FOREST SERVICE
ADMINISTRATIVE SITES.
Section 8623 of the Agriculture Improvement Act of 2018 (16
U.S.C. 580d note; Public Law 115-334) is amended--
(1) in subsection (a)(2)(D), by striking ``dwelling;'' and
inserting ``dwelling or multiunit dwelling;'';
(2) in subsection (e)--
(A) in paragraph (3)(B)(ii)--
(i) in subclause (I), by inserting ``such as housing,''
after ``improvements,'';
(ii) in subclause (II), by striking ``and'' at the end;
(iii) in subclause (III), by striking ``or'' at the end and
inserting ``and''; and
(iv) by adding at the end the following:
``(IV) services occurring off the administrative site
that--
``(aa) occur at another administrative site in the same
unit in which the administrative site is located or a
different unit of the National Forest System;
``(bb) benefit the National Forest System; and
``(cc) support activities occurring within the unit of the
National Forest System in which the administrative site is
located; or''; and
(B) by adding at the end the following:
``(6) Lease term.--
``(A) In general.--The term of a lease of an administrative
site under this section shall be not more than 100 years.
``(B) Reauthorization of use.--A lease of an administrative
site under this section shall include a provision for
reauthorization of the use if the--
``(i) use of the administrative site, at the time of
reauthorization, is still being used for the purposes
authorized;
``(ii) use to be authorized under the new lease is
consistent with the applicable land management plan; and
``(iii) lessee is in compliance with all the terms of the
existing lease.''
``(C) Savings.--A reauthorization of use under subparagraph
(B) may include new terms in the use, as determined by the
Chief of the Forest Service.'';
(3) in subsection (g)--
(A) by striking ``to a leaseholder'' after ``payments'';
and
(B) by inserting ``or constructed'' after ``improved''; and
(4) in subsection (i), by striking ``2023'' each place it
appears and inserting ``2028''.
SEC. 5152. PARTNERSHIP AGREEMENTS CREATING TANGIBLE SAVINGS.
Section 101703 of title 54, United States Code, is amended
to read as follows:
``Sec. 101703. Cooperative management agreements
``(a) Cooperative Management Agreements.--
``(1) In general.--The Secretary, in accordance with the
laws generally applicable to units of the National Park
System and under such terms and conditions as the Secretary
considers appropriate, may enter into a cooperative
management agreement with a State, Indian Tribe, or local
government with park land adjacent to a System unit, where
such agreement will provide for more effective and efficient
management of a System unit and the adjacent non-Federal park
area.
``(2) No transfer of administrative responsibilities.--The
Secretary may not transfer administration responsibilities
for any System unit.
``(b) Provision of Goods and Services.--
``(1) In general.--The Secretary may provide or acquire
goods and services on a reimbursable basis as part of a
cooperative management agreement under subsection (a).
``(2) Retention of funds.--The Secretary may retain and
expend any funds received under this section without further
appropriation.
``(c) Co-location.--The Secretary and a State, Indian
Tribe, or local government may co-locate in offices or
facilities owned or leased by either party as part of a
cooperative management agreement under subsection (a).
``(d) Employees.--
``(1) Assignment of employee.--The Secretary may arrange an
assignment under section 3372 of title 5 of a Federal
employee or an employee of a State, Indian Tribe, or local
government, as mutually agreed upon, for work on the Federal,
State, local, or Tribal park land covered by the cooperative
management agreement.
``(2) Extension of assignment.--An assignment under
paragraph (1) may be extended if the Secretary and the State,
Indian Tribe, or local government determine it to be mutually
beneficial.
``(e) Definition.--In this section, the term `State' means
each of the several States, the District of Columbia, and
each territory of the United States.''.
SEC. 5153. PARTNERSHIP AGREEMENTS TO MODERNIZE FEDERALLY
OWNED CAMPGROUNDS, RESORTS, CABINS, AND VISITOR
CENTERS ON FEDERAL RECREATIONAL LANDS AND
WATERS.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity''
means--
(A) a capital improvement, including the construction,
reconstruction, and nonroutine maintenance of any structure,
infrastructure, or improvement, relating to the operation of,
or access to, a covered recreation facility; and
(B) any activity necessary to operate or maintain a covered
recreation facility.
(2) Covered recreation facility.--The term ``covered
recreation facility'' means a federally owned campground,
resort, cabin, or visitor center that is--
(A) in existence on the date of the enactment of this
title; and
(B) located on Federal recreational lands and waters
administered by--
(i) the Chief of the Forest Service; or
(ii) the Director of the Bureau of Land Management.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of State, Tribal, or local government;
(B) a nonprofit organization; and
(C) a private entity.
(b) Pilot Program.--The Secretaries shall establish a pilot
program under which the Secretary concerned may enter into an
agreement with, or issue or amend a land use authorization
to, an eligible entity to allow the eligible entity to carry
out covered activities relating to a covered recreation
facility, subject to the requirements of this section and the
terms of any relevant land use authorization, regardless of
whether the eligible entity holds, on the date of the
enactment of this title, an authorization to be a
concessionaire for the covered recreation facility.
(c) Minimum Number of Agreements or Land Use
Authorizations.--Not later than 3 years after the date of the
enactment of this title, the Secretary concerned shall enter
into at least 1 agreement or land use authorization under
subsection (b) in--
(1) a unit of the National Forest System in each region of
the National Forest System; and
(2) Federal recreational lands and waters administered by
the Director of the Bureau of Land Management in not fewer
than 5 States in which the Bureau of Land Management
administers Federal recreational lands and waters.
(d) Requirements.--
(1) Development plans.--Before entering into an agreement
or issuing a land use authorization under subsection (b), an
eligible entity shall submit to the Secretary concerned a
development plan that--
(A) describes investments in the covered recreation
facility to be made by the eligible entity during the first 3
years of the agreement or land use authorization;
(B) describes annual maintenance spending to be made by the
eligible entity for each
[[Page S4874]]
year of the agreement or land use authorization; and
(C) includes any other terms and conditions determined to
be necessary or appropriate by the Secretary concerned.
(2) Agreements and land use authorizations.--An agreement
or land use authorization under subsection (b) shall--
(A) be for a term of not more than 30 years, commensurate
with the level of investment;
(B) require that, not later than 3 years after the date on
which the Secretary concerned enters into the agreement or
issues or amends the land use authorization, the applicable
eligible entity shall expend, place in an escrow account for
the eligible entity to expend, or deposit in a special
account in the Treasury for expenditure by the Secretary
concerned, without further appropriation, for covered
activities relating to the applicable covered recreation
facility, an amount or specified percentage, as determined by
the Secretary concerned, which shall be equal to not less
than $500,000, of the anticipated receipts for the term of
the agreement or land use authorization;
(C) require the eligible entity to operate and maintain the
covered recreation facility and any associated infrastructure
designated by the Secretary concerned in a manner acceptable
to the Secretary concerned and the eligible entity;
(D) include any terms and conditions that the Secretary
concerned determines to be necessary for a special use permit
issued under section 7 of the Act of April 24, 1950 (commonly
known as the ``Granger-Thye Act'') (64 Stat. 84, chapter 97;
16 U.S.C. 580d), including the payment described in
subparagraph (E) or the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), as applicable;
(E) provide for payment to the Federal Government of a fee
or a sharing of revenue--
(i) consistent with--
(I) the land use fee for a special use permit authorized
under section 7 of the Act of April 24, 1950 (commonly known
as the ``Granger-Thye Act'') (64 Stat. 84, chapter 97; 16
U.S.C. 580d); or
(II) the value to the eligible entity of the rights
provided by the agreement or land use authorization, taking
into account the capital invested by, and obligations of, the
eligible entity under the agreement or land use
authorization; and
(ii) all or part of which may be offset by the work to be
performed at the expense of the eligible entity that is
separate from the routine costs of operating and maintaining
the applicable covered recreation facility and any associated
infrastructure designated by the Secretary concerned, as
determined to be appropriate by the Secretary concerned;
(F) include provisions stating that--
(i) the eligible entity shall obtain no property interest
in the covered recreation facility pursuant to the
expenditures of the eligible entity, as required by the
agreement or land use authorization;
(ii) all structures and other improvements constructed,
reconstructed, or nonroutinely maintained by that entity
under the agreement or land use authorization on land owned
by the United States shall be the property of the United
States; and
(iii) the eligible entity shall be solely responsible for
any cost associated with the decommissioning or removal of a
capital improvement, if needed, at the conclusion of the
agreement or land use authorization; and
(G) be subject to any other terms and conditions determined
to be necessary or appropriate by the Secretary concerned.
(e) Land Use Fee Retention.--A land use fee paid or revenue
shared with the Secretary concerned under an agreement or
land use authorization under this section shall be available
for expenditure by the Secretary concerned for recreation-
related purposes on the unit or area of Federal recreational
lands and waters at which the land use fee or revenue is
collected, without further appropriation.
SEC. 5154. PARKING AND RESTROOM OPPORTUNITIES FOR FEDERAL
RECREATIONAL LANDS AND WATERS.
(a) Parking Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve parking opportunities for persons recreating on
Federal recreational lands and waters--
(A) in accordance with existing laws and applicable land
use plans;
(B) in a manner that minimizes any increase in maintenance
obligations on Federal recreational lands and waters; and
(C) in a manner that does not impact wildlife habitat that
is critical to the mission of a Federal agency responsible
for managing Federal recreational lands and waters.
(2) Authority.--To supplement the quantity of parking
spaces available at units of Federal recreational lands and
waters on the date of the enactment of this title, the
Secretaries may--
(A) enter into a public-private partnership for parking
opportunities on non-Federal land;
(B) enter into contracts or agreements with State, Tribal,
or local governments for parking opportunities using non-
Federal lands and resources; or
(C) provide alternative transportation systems for a unit
of Federal recreational lands and waters.
(3) Technological solutions.--The Secretaries shall
evaluate the use of and incorporate, as the Secretary
concerned determines appropriate, technologies to manage
parking availability, access, and information at units of
Federal recreational lands and waters, including--
(A) the installation and use of trailhead cameras and
monitors to determine parking availability at trailheads, the
information from which shall be made available online and, to
the extent practicable, via mobile notifications; and
(B) the use of data collection technology to estimate
visitation volumes for use in future planning for parking at
units of Federal recreational lands and waters.
(b) Restroom Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve the function, cleanliness, and availability of
restroom facilities for persons recreating on Federal
recreational lands and waters, including by entering into
partnerships with non-Federal partners, including State,
Tribal, and local governments and volunteer organizations.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall submit a report
to Congress that identifies--
(A) challenges to maintaining or improving the function,
cleanliness, and availability of restroom facilities on
Federal recreational lands and waters;
(B) the current state of restroom facilities on Federal
recreational lands and waters and the effect restroom
facilities have on visitor experiences; and
(C) policy recommendations that suggest innovative new
models or partnerships to increase or improve the function,
cleanliness, and availability of restroom facilities for
persons recreating on Federal recreational lands and waters.
SEC. 5155. PAY-FOR-PERFORMANCE PROJECTS.
(a) Definitions.--In this section:
(1) Independent evaluator.--The term ``independent
evaluator'' means an individual or entity, including an
institution of higher education, that is selected by the pay-
for-performance beneficiary and pay-for-performance investor,
as applicable, or by the pay-for-performance project
developer, in consultation with the Secretary of Agriculture,
to make the determinations and prepare the reports required
under subsection (e).
(2) National forest system land.--The term ``National
Forest System land'' means land in the National Forest System
(as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(3) Pay-for-performance agreement.--The term ``pay-for-
performance agreement'' means a mutual benefit agreement
(excluding a procurement contract, grant agreement, or
cooperative agreement described in chapter 63 of title 31,
United States Code) for a pay-for-performance project--
(A) with a term of--
(i) not less than 1 year; and
(ii) not more than 20 years; and
(B) that is executed, in accordance with applicable law,
by--
(i) the Secretary of Agriculture; and
(ii) a pay-for-performance beneficiary or pay-for-
performance project developer.
(4) Pay-for-performance beneficiary.--The term ``pay-for-
performance beneficiary'' means a State or local government,
an Indian Tribe, or a nonprofit or for-profit organization
that--
(A) repays capital loaned upfront by a pay-for-performance
investor, based on a project outcome specified in a pay-for-
performance agreement; or
(B) provides capital directly for costs associated with a
pay-for-performance project.
(5) Pay-for-performance investor.--The term ``pay-for-
performance investor'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that
provides upfront loaned capital for a pay-for-performance
project with the expectation of a financial return dependent
on a project outcome.
(6) Pay-for-performance project.--The term ``pay-for-
performance project'' means a project that--
(A) would provide or enhance a recreational opportunity;
(B) is conducted on--
(i) National Forest System land; or
(ii) other land, if the activities would benefit National
Forest System land (including a recreational use of National
Forest System land); and
(C) would use an innovative funding or financing model that
leverages--
(i) loaned capital from a pay-for-performance investor to
cover upfront costs associated with a pay-for-performance
project, with the loaned capital repaid by a pay-for-
performance beneficiary at a rate of return dependent on a
project outcome, as measured by an independent evaluator; or
(ii) capital directly from a pay-for-performance
beneficiary to support costs associated with a pay-for-
performance project in an amount based on an anticipated
project outcome.
(7) Pay-for-performance project developer.--The term ``pay-
for-performance project developer'' means a nonprofit or for-
profit organization that serves as an intermediary to assist
in developing or implementing a pay-for-performance agreement
or a pay-for-performance project.
(8) Project outcome.--The term ``project outcome'' means a
measurable, beneficial result (whether economic,
environmental, or social) that is attributable to a pay-for-
performance project and described in a pay-for-performance
agreement.
[[Page S4875]]
(b) Establishment of Pilot Program.--The Secretary of
Agriculture shall establish a pilot program in accordance
with this section to carry out 1 or more pay-for-performance
projects.
(c) Pay-for-performance Projects.--
(1) In general.--Using funds made available through a pay-
for-performance agreement or appropriations, all or any
portion of a pay-for-performance project may be implemented
by--
(A) the Secretary of Agriculture; or
(B) a pay-for-performance project developer or a third
party, subject to the conditions that--
(i) the Secretary of Agriculture shall approve the
implementation by the pay-for-performance project developer
or third party; and
(ii) the implementation is in accordance with applicable
law.
(2) Relation to land management plans.--A pay-for-
performance project carried out under this section shall be
consistent with any applicable land management plan developed
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(3) Ownership.--
(A) New improvements.--The United States shall have title
to any improvements installed on National Forest System land
as part of a pay-for-performance project.
(B) Existing improvements.--Investing in, conducting, or
completing a pay-for-performance project on National Forest
System land shall not affect the title of the United States
to--
(i) any federally owned improvements involved in the pay-
for-performance project; or
(ii) the underlying land.
(4) Savings clause.--The carrying out of any action for a
pay-for-performance project does not provide any right to any
party to a pay-for-performance agreement.
(5) Potential conflicts.--Before approving a pay-for-
performance project under this section, the Secretary of
Agriculture shall consider and seek to avoid potential
conflicts (including economic competition) with any existing
written authorized use.
(d) Project Agreements.--
(1) In general.--Notwithstanding the Act of June 30, 1914
(38 Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of
title XX of the Social Security Act (42 U.S.C. 1397n et
seq.), in carrying out the pilot program under this section,
the Secretary of Agriculture may enter into a pay-for-
performance agreement under which a pay-for-performance
beneficiary, pay-for-performance investor, or pay-for-
performance project developer agrees to pay for or finance
all or part of a pay-for-performance project.
(2) Size limitation.--The Secretary of Agriculture may not
enter into a pay-for-performance agreement under the pilot
program under this section for a pay-for-performance project
valued at more than $15,000,000.
(3) Financing.--
(A) In general.--A pay-for-performance agreement shall
specify the amounts that a pay-for-performance beneficiary or
a pay-for-performance project developer agrees to pay to a
pay-for-performance investor or a pay-for-performance project
developer, as appropriate, in the event of an independent
evaluator determining pursuant to subsection (e) the degree
to which a project outcome has been achieved.
(B) Eligible payments.--An amount described in subparagraph
(A) shall be--
(i) based on--
(I) the respective contributions of the parties under the
pay-for-performance agreement; and
(II) the economic, environmental, or social benefits
derived from the project outcomes; and
(ii)(I) a percentage of the estimated value of a project
outcome;
(II) a percentage of the estimated cost savings to the pay-
for-performance beneficiary or the Secretary of Agriculture
derived from a project outcome;
(III) a percentage of the enhanced revenue to the pay-for-
performance beneficiary or the Secretary of Agriculture
derived from a project outcome; or
(IV) a percentage of the cost of the pay-for-performance
project.
(C) Forest service financial assistance.--Subject to the
availability of appropriations, the Secretary of Agriculture
may contribute funding for a pay-for-performance project only
if--
(i) the Secretary of Agriculture demonstrates that--
(I) the pay-for-performance project would provide a cost
savings to the United States;
(II) the funding would accelerate the pace of
implementation of an activity previously planned to be
completed by the Secretary of Agriculture; or
(III) the funding would accelerate the scale of
implementation of an activity previously planned to be
completed by the Secretary of Agriculture; and
(ii) the contribution of the Secretary of Agriculture has a
value that is not more than 50 percent of the total cost of
the pay-for-performance project.
(D) Special account.--Any funds received by the Secretary
of Agriculture under subsection (c)(1)--
(i) shall be retained in a separate fund in the Treasury to
be used solely for pay-for-performance projects; and
(ii) shall remain available until expended and without
further appropriation.
(4) Maintenance and decommissioning of pay-for-performance
project improvements.--A pay-for-performance agreement
shall--
(A) include a plan for maintaining any capital improvement
constructed as part of a pay-for-performance project after
the date on which the pay-for-performance project is
completed; and
(B) specify the party that will be responsible for
decommissioning the improvements associated with the pay-for-
performance project--
(i) at the end of the useful life of the improvements;
(ii) if the improvements no longer serve the purpose for
which the improvements were developed; or
(iii) if the pay-for-performance project fails.
(5) Termination of pay-for-performance project
agreements.--The Secretary of Agriculture may unilaterally
terminate a pay-for-performance agreement, in whole or in
part, for any program year beginning after the program year
during which the Secretary of Agriculture provides to each
party to the pay-for-performance agreement a notice of the
termination.
(e) Independent Evaluations.--
(1) Progress reports.--An independent evaluator shall
submit to the Secretary of Agriculture and each party to the
applicable pay-for-performance agreement--
(A) by not later than 2 years after the date on which the
pay-for-performance agreement is executed, and at least once
every 2 years thereafter, a written report that summarizes
the progress that has been made in achieving each project
outcome; and
(B) before the first scheduled date for a payment described
in subsection (d)(3)(A), and each subsequent date for
payment, a written report that--
(i) summarizes the results of the evaluation conducted by
the independent evaluator to determine whether a payment
should be made pursuant to the pay-for-performance agreement;
and
(ii) analyzes the reasons why a project outcome was
achieved or was not achieved.
(2) Final reports.--Not later than 180 days after the date
on which a pay-for-performance project is completed, the
independent evaluator shall submit to the Secretary of
Agriculture and each party to the pay-for-performance
agreement a written report that includes, with respect to the
period covered by the report--
(A) an evaluation of the effects of the pay-for-performance
project with respect to each project outcome;
(B) a determination of whether the pay-for-performance
project has met each project outcome; and
(C) the amount of the payments made for the pay-for-
performance project pursuant to subsection (d)(3)(A).
(f) Additional Forest Service-provided Assistance.--
(1) Technical assistance.--The Secretary of Agriculture may
provide technical assistance to facilitate pay-for-
performance project development, such as planning,
permitting, site preparation, and design work.
(2) Consultants.--Subject to the availability of
appropriations, the Secretary of Agriculture may hire a
contractor--
(A) to conduct a feasibility analysis of a proposed pay-
for-performance project;
(B) to assist in the development, implementation, or
evaluation of a proposed pay-for-performance project or a
pay-for-performance agreement; or
(C) to assist with an environmental analysis of a proposed
pay-for-performance project.
(g) Savings Clause.--The Secretary of Agriculture shall
approve a record of decision, decision notice, or decision
memo for any activities to be carried out on National Forest
System land as part of a pay-for-performance project before
the Secretary of Agriculture may enter into a pay-for-
performance agreement involving the applicable pay-for-
performance project.
(h) Duration of Pilot Program.--
(1) Sunset.--The authority to enter into a pay-for-
performance agreement under this section terminates on the
date that is 7 years after the date of the enactment of this
title.
(2) Savings clause.--Nothing in paragraph (1) affects any
pay-for-performance project agreement entered into by the
Secretary of Agriculture under this section before the date
described in that paragraph.
SEC. 5156. OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or combination of entities that represents or
otherwise serves a qualifying area.
(2) Entity.--The term ``entity'' means--
(A) a State;
(B) a political subdivision of a State, including--
(i) a city;
(ii) a county; or
(iii) a special purpose district that manages open space,
including a park district; and
(C) an Indian Tribe, urban Indian organization, or Alaska
Native or Native Hawaiian community or organization.
(3) Low-income community.--The term ``low-income
community'' has the same meaning given that term in section
45D(e)(1) of the Internal Revenue Code of 1986.
(4) Qualifying area.--The term ``qualifying area'' means--
[[Page S4876]]
(A) an urbanized area or urban cluster that has a
population of 25,000 or more in the most recent census;
(B) 2 or more adjacent urban clusters with a combined
population of 25,000 or more in the most recent census; or
(C) an area with an outdoor recreation project referenced
in subsection (b) administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community or organization.
(b) Grants Authorized.--
(1) Codification of program.--
(A) In general.--There is established the Outdoor
Recreation Legacy Partnership Program, under which the
Secretary may award grants to eligible entities for
projects--
(i) to acquire land and water for parks and other outdoor
recreation purposes in qualifying areas; and
(ii) to develop new or renovate existing outdoor recreation
facilities that provide outdoor recreation opportunities to
the public in qualifying areas.
(B) Priority.--In awarding grants to eligible entities
under subparagraph (A), the Secretary shall give priority to
projects that--
(i) create or significantly enhance access to park and
recreational opportunities in a qualifying area;
(ii) engage and empower low-income communities and youth;
(iii) provide employment or job training opportunities for
youth or low-income communities;
(iv) establish or expand public-private partnerships, with
a focus on leveraging resources; and
(v) take advantage of coordination among various levels of
government.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a grant under
paragraph (1), an eligible entity shall provide matching
funds in the form of cash or an in-kind contribution in an
amount equal to not less than 100 percent of the amounts made
available under the grant.
(B) Partial waiver.--The Secretary may waive part of the
matching requirement under subparagraph (A) if the Secretary
determines that--
(i) no reasonable means are available through which the
eligible entity can meet the matching requirement; and
(ii) the probable benefit of the project outweighs the
public interest in the full matching requirement.
(C) Administrative expenses.--Not more than 7 percent of
funds provided to an eligible entity under a grant awarded
under paragraph (1) may be used for administrative expenses.
(3) Considerations.--In awarding grants to eligible
entities under paragraph (1), the Secretary shall consider
the extent to which a project would--
(A) provide recreation opportunities in low-income
communities in which access to parks is not adequate to meet
local needs;
(B) provide opportunities for outdoor recreation and public
land volunteerism;
(C) support innovative or cost-effective ways to enhance
parks and other recreation--
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation activities and programs
provided by local governments, including cooperative
agreements with community-based nonprofit organizations;
(E) develop Native American event sites and cultural
gathering spaces;
(F) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air
quality, or habitat for fish or wildlife; and
(G) facilitate any combination of purposes listed in
subparagraphs (A) through (F).
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), an eligible
entity may use a grant awarded under paragraph (1) for a
project described in subparagraph (A) or (B) of that
paragraph.
(B) Limitations on use.--An eligible entity may not use
grant funds for--
(i) incidental costs related to land acquisition, including
appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support semiprofessional or
professional athletics;
(iv) indoor facilities, such as recreation centers or
facilities that support primarily non-outdoor purposes; or
(v) acquisition of land or interests in land that restrict
public access.
(C) Conversion to other than public outdoor recreation
use.--
(i) In general.--No property acquired or developed with
assistance under this section shall, without the approval of
the Secretary, be converted to other than public outdoor
recreation use.
(ii) Condition for approval.--The Secretary shall approve a
conversion only if the Secretary finds it to be in accordance
with the then-existing comprehensive Statewide outdoor
recreation plan and only on such conditions as the Secretary
considers necessary to ensure the substitution of other
recreation properties of at least equal fair market value and
of reasonably equivalent usefulness and location.
(iii) Wetland areas and interests therein.--Wetland areas
and interests therein as identified in the wetlands
provisions of the comprehensive plan and proposed to be
acquired as suitable replacement property within the same
State that is otherwise acceptable to the Secretary, acting
through the Director of the National Park Service, shall be
deemed to be of reasonably equivalent usefulness with the
property proposed for conversion.
(c) Review and Evaluation Requirements.--In carrying out
the Outdoor Recreation Legacy Partnership Program, the
Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income
communities and eligible entities serving low-income
communities) on--
(A) the opportunity to apply for grants under this section;
(B) the application procedures by which eligible entities
may apply for grants under this section; and
(C) eligible uses for grants under this section.
(d) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State-lead agency that
receives a grant under this section shall annually submit to
the Secretary performance and financial reports that--
(A) summarize project activities conducted during the
report period; and
(B) provide the status of the project.
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State-lead agency that receives
a grant under this section shall submit to the Secretary a
final report containing such information as the Secretary may
require.
SEC. 5157. AMERICAN BATTLEFIELD PROTECTION PROGRAM
ENHANCEMENT.
(a) Definitions.--Section 308101 of title 54, United States
Code, is amended to read as follows:
``Sec. 308101. Definitions
``In this chapter:
``(1) Battlefield reports.--The term `Battlefield Reports'
means, collectively--
``(A) the document entitled `Report on the Nation's Civil
War Battlefields', prepared by the Civil War Sites Advisory
Commission, and dated July 1993; and
``(B) the document entitled `Report to Congress on the
Historic Preservation of Revolutionary War and War of 1812
Sites in the United States', prepared by the National Park
Service, and dated September 2007.
``(2) Secretary.--The term `Secretary' means the Secretary,
acting through the American Battlefield Protection
Program.''.
(b) Preservation Assistance.--Section 308102(a) of title
54, United States Code, is amended by striking ``Federal''
and all that follows through ``organizations'' and inserting
``Federal agencies, States, Tribes, local governments, other
public entities, educational institutions, and nonprofit
organizations''.
(c) Battlefield Land Acquisition Grants Improvements.--
Section 308103 of title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligible Site Defined.--In this section, the term
`eligible site'--
``(1) means a site that--
``(A) is not within the exterior boundaries of a unit of
the National Park System; and
``(B) is identified in the Battlefield Reports as a
battlefield; and
``(2) excludes sites identified in the Battlefield Reports
as associated historic sites.'';
(2) in subsection (b), by striking ``State and local
governments'' and inserting ``States, Tribes, local
governments, and nonprofit organizations'';
(3) in subsection (c), by striking ``State or local
government'' and inserting ``State, Tribe, or local
government''; and
(4) in subsection (e), by striking ``under this section''
and inserting ``under this section, including by States,
Tribes, local governments, and nonprofit organizations,''.
(d) Battlefield Restoration Grants Improvements.--Section
308105 of title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Establishment.--The Secretary shall establish a
battlefield restoration grant program (referred to in this
section as the `program') under which the Secretary may
provide grants to States, Tribes, local governments, and
nonprofit organizations for projects that restore day-of-
battle conditions on--
``(1) land preserved and protected under the battlefield
acquisition grant program established under section
308103(b); or
``(2) battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in the Battlefield Reports.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eligible Sites.--The Secretary may make grants under
this section for Revolutionary War, War of 1812, and Civil
War battlefield sites--
``(1) eligible for assistance under the battlefield
acquisition grant program established under section
308103(b); or
``(2) on battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
[[Page S4877]]
``(B) referred to in battlefield reports.''.
(e) Updates and Improvements.--Chapter 3081 of title 54,
United States Code, is amended by adding at the end the
following:
``Sec. 308106. Updates and improvements to Battlefield
Reports
``Not later than 2 years after the date of the enactment of
this section, and every 10 years thereafter, the Secretary
shall submit to Congress a report that updates the
Battlefield Reports to reflect--
``(1) preservation activities carried out at the
battlefields in the period since the publication of the most
recent Battlefield Reports update;
``(2) changes in the condition, including core and study
areas, of the battlefields during that period; and
``(3) any other relevant developments relating to the
battlefields during that period.''.
(f) Clerical Amendment.--The table of sections for chapter
3081 of title 54, United States Code, is amended--
(1) by amending the item relating to section 308101 to read
as follows:
``308101. Definitions''; and
(2) by adding at the end the following:
``308106. Updates and improvements to Battlefield Reports''.
TITLE II--ACCESS AMERICA
SEC. 5201. DEFINITIONS.
In this title:
(1) Accessible trail.--The term ``accessible trail'' means
a trail that meets the requirements for a trail under the
Architectural Barriers Act accessibility guidelines.
(2) Architectural barriers act accessibility guidelines.--
The term ``Architectural Barriers Act accessibility
guidelines'' means the accessibility guidelines set forth in
appendices C and D to part 1191 of title 36, Code of Federal
Regulations (or successor regulations).
(3) Assistive technology.--The term ``assistive
technology'' means any item, piece of equipment, or product
system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities,
particularly with participating in outdoor recreation
activities.
(4) Gold star family member.--The term ``Gold Star Family
member'' means an individual described in section 3.3 of
Department of Defense Instruction 1348.36.
(5) Outdoor constructed feature.--The term ``outdoor
constructed feature'' has the meaning given such term in
appendix C to part 1191 of title 36, Code of Federal
Regulations (or successor regulations).
(6) Veterans organization.--The term ``veterans
organization'' means a service provider with outdoor
recreation experience that serves members of the Armed
Forces, veterans, or Gold Star Family members.
Subtitle A--Access for People With Disabilities
SEC. 5211. ACCESSIBLE RECREATION INVENTORY.
(a) Assessment.--Not later than 5 years after the date of
the enactment of this title, the Secretary concerned shall--
(1) carry out a comprehensive assessment of outdoor
recreation facilities on Federal recreational lands and
waters under the jurisdiction of the respective Secretary
concerned to determine the accessibility of such outdoor
recreation facilities, consistent with the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 504
of the Rehabilitation Act (29 U.S.C. 794), including--
(A) camp shelters, camping facilities, and camping units;
(B) boat launch ramps;
(C) hunting, fishing, shooting, or archery ranges or
locations;
(D) outdoor constructed features;
(E) picnic facilities and picnic units; and
(F) any other outdoor recreation facilities, as determined
by the Secretary concerned; and
(2) make information about such opportunities available
(including through the use of prominently displayed links) on
public websites of--
(A) each of the Federal land management agencies; and
(B) each relevant unit and subunit of the Federal land
management agencies.
(b) Inclusion of Current Assessments.--As part of the
comprehensive assessment required under subsection (a)(1), to
the extent practicable, the Secretary concerned may rely on
assessments completed or data gathered prior to the date of
the enactment of this title.
(c) Public Information.--Not later than 7 years after the
date of the enactment of this title, the Secretary concerned
shall identify opportunities to create, update, or replace
signage and other publicly available information, including
web page information, related to accessibility and consistent
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) and section 504 of the Rehabilitation Act (29 U.S.C.
794) at outdoor recreation facilities covered by the
assessment required under subsection (a)(1).
SEC. 5212. TRAIL INVENTORY.
(a) Assessment.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned shall--
(1) conduct a comprehensive assessment of high-priority
trails, in accordance with subsection (b), on Federal
recreational lands and waters under the jurisdiction of the
respective Secretary concerned, including measuring each
trail's--
(A) average and minimum tread width;
(B) average and maximum running slope;
(C) average and maximum cross slope;
(D) tread type; and
(E) length; and
(2) make information about such high-priority trails
available (including through the use of prominently displayed
links) on public websites of--
(A) each of the Federal land management agencies; and
(B) each relevant unit and subunit of the Federal land
management agencies.
(b) Selection.--The Secretary concerned shall select high-
priority trails to be assessed under subsection (a)(1)--
(1) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals
with disabilities;
(2) in a geographically equitable manner; and
(3) in no fewer than 15 units or subunits managed by the
Secretary concerned.
(c) Inclusion of Current Assessments.--As part of the
assessment required under subsection (a)(1), the Secretary
concerned may, to the extent practicable, rely on assessments
completed or data gathered prior to the date of the enactment
of this title.
(d) Public Information.--
(1) In general.--Not later than 2 years after the date of
the enactment of this title, the Secretary concerned shall
identify opportunities to replace signage and other publicly
available information, including web page information,
related to such high-priority trails and consistent with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.)
and section 504 of the Rehabilitation Act (29 U.S.C. 794) at
high-priority trails covered by the assessment required under
subsection (a)(1).
(2) Tread obstacles.--As part of the assessment required
under subsection (a)(1), the Secretary may, to the extent
practicable, include photographs or descriptions of tread
obstacles and barriers.
(e) Assistive Technology Specification.--In publishing
information about each trail under this subsection, the
Secretary concerned shall make public information about
trails that do not meet the Architectural Barriers Act
accessibility guidelines but could otherwise provide outdoor
recreation opportunities to individuals with disabilities
through the use of certain assistive technology.
SEC. 5213. TRAIL ACCESSIBILITY PARTNERSHIPS.
The Secretary concerned may enter into partnerships,
contracts, or agreements with other Federal, State, Tribal,
local, or private entities to--
(1) measure high-priority trails as part of the assessment
required under section 5212;
(2) develop accessible trails under section 5214; and
(3) make minor modifications to existing trails to enhance
recreational experiences for individuals with disabilities
using assistive technology--
(A) in compliance with all applicable laws and land use and
management plans of the Federal recreational lands and waters
on which the accessible trail is located; and
(B) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals
with disabilities.
SEC. 5214. ACCESSIBLE TRAILS.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary concerned shall
select a location or locations to develop at least 3 new
accessible trails--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each
region of the National Park Service;
(3) on land managed by the Bureau of Land Management in
each region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible trail under
subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible trail;
(B) modify an existing trail into an accessible trail; or
(C) create an accessible trail from a combination of new
and existing trails; and
(2) shall--
(A) consult with stakeholders with respect to the
feasibility and resources necessary for completing the
accessible trail;
(B) ensure the accessible trail complies with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.)
and section 504 of the Rehabilitation Act (29 U.S.C. 794);
and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible trail,
including trail bridges, parking spaces, and restroom
facilities, meet the requirements of the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 504
of the Rehabilitation Act (29 U.S.C. 794).
(c) Completion.--Not later than 5 years after the date that
appropriations are made in advance for such purpose, the
Secretary concerned, in coordination with stakeholders
described under subsection (b)(2), shall complete each
accessible trail selected under subsection (a).
(d) Maps, Signage, and Promotional Materials.--For each
accessible trail developed under subsection (a), the
Secretary concerned shall--
[[Page S4878]]
(1) publish and distribute maps and install signage,
consistent with Architectural Barriers Act of 1968
accessibility guidelines and section 508 of the
Rehabilitation Act (29 U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the development, stewardship,
completion, or promotion of the accessible trail.
(e) Conflict Avoidance With Other Uses.--In developing each
accessible trail under subsection (a), the Secretary
concerned shall ensure that the accessible trail--
(1) minimizes conflict with--
(A) the uses, before the date of the enactment of this
title, of any trail that is part of that accessible trail; or
(B) multiple-use areas where biking, hiking, horseback
riding, off-highway vehicle recreation, or use by pack and
saddle stock are existing uses on the date of the enactment
of this title;
(2) would not conflict with the purposes for which any
trail is established under the National Trails System Act (16
U.S.C. 1241 et seq.); and
(3) complies with all applicable laws, regulations, and
land use and management plans of the Federal recreational
lands and waters on which the accessible trail is located.
(f) Reports.--Not later than 3 years after the date that
funds are made available to carry out this section, and every
3 years thereafter until each accessible trail selected under
subsection (a) is completed, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall publish a report that lists the
accessible trails developed under this section.
SEC. 5215. ACCESSIBLE RECREATION OPPORTUNITIES.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary concerned shall
select a location to develop new accessible recreation
opportunities--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each
region of the National Park Service;
(3) on land managed by the Bureau of Land Management in
each region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible recreation
opportunity under subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible recreation opportunity; or
(B) modify an existing recreation opportunity into an
accessible recreation opportunity; and
(2) shall--
(A) consult with stakeholders with respect to the
feasibility and resources necessary for completing the
accessible recreation opportunity;
(B) ensure the accessible recreation opportunity complies
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) and section 504 of the Rehabilitation Act (29 U.S.C.
794); and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible recreation
opportunity, including trail bridges, parking spaces and
restroom facilities, meet the requirements of the
Architectural Barriers Act of 1968 and section 504 of the
Rehabilitation Act (29 U.S.C. 794).
(c) Accessible Recreation Opportunities.--The accessible
recreation opportunities developed under subsection (a) may
include, where applicable, improving accessibility or access
to--
(1) camp shelters, camping facilities, and camping units;
(2) hunting, fishing, shooting, or archery ranges or
locations;
(3) snow activities, including skiing and snowboarding;
(4) water activities, including kayaking, paddling,
canoeing, and boat launch ramps;
(5) rock climbing;
(6) biking;
(7) off-highway vehicle recreation;
(8) picnic facilities and picnic units;
(9) outdoor constructed features; and
(10) any other new or existing recreation opportunities
identified in consultation with stakeholders under subsection
(b)(2), consistent with the applicable laws and land use and
management plans.
(d) Completion.--Not later than 5 years after the date that
appropriations are made in advance for such purpose, the
Secretary concerned, in coordination with stakeholders
consulted with under subsection (b)(2), shall complete each
accessible recreation opportunity selected under subsection
(a).
(e) Maps, Signage, and Promotional Materials.--For each
accessible recreation opportunity developed under subsection
(a), the Secretary concerned shall--
(1) publish and distribute maps and install signage,
consistent with Architectural Barriers Act accessibility
guidelines and section 508 of the Rehabilitation Act (29
U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the development, stewardship,
completion, or promotion of the accessible trail.
(f) Conflict Avoidance With Other Uses.--In developing each
accessible recreation opportunity under subsection (a), the
Secretary concerned shall ensure that the accessible
recreation opportunity--
(1) minimizes conflict with--
(A) the uses, before the date of the enactment of this
title, of any Federal recreational lands and waters on which
the accessible recreation opportunity is located; or
(B) multiple-use areas; and
(2) complies with all applicable laws, regulations, and
land use and management plans.
(g) Reports.--Not later than 3 years after the date that
funds are made available to carry out this section and every
3 years until each accessible recreation opportunity selected
under subsection (a) is completed, the Secretary concerned,
in coordination with stakeholders and other interested
organizations, shall publish a report that lists the
accessible recreation opportunities developed under this
section.
SEC. 5216. ASSISTIVE TECHNOLOGY.
In carrying out this subtitle, the Secretary concerned may
enter into partnerships, contracts, or agreements with other
Federal, State, Tribal, local, or private entities, including
existing outfitting and guiding services, to make assistive
technology available on Federal recreational lands and
waters.
SEC. 5217. SAVINGS CLAUSE.
Nothing in the subtitle shall be construed to create any
conflicting standards with the Architectural Barriers Act of
1968 (42 U.S.C. 4151 et seq.) and section 504 of the
Rehabilitation Act (29 U.S.C. 794).
Subtitle B--Military and Veterans in Parks
SEC. 5221. PROMOTION OF OUTDOOR RECREATION FOR MILITARY
SERVICEMEMBERS AND VETERANS.
Not later than 2 years after the date of the enactment of
this title, the Secretary concerned, in coordination with the
Secretary of Veterans Affairs and the Secretary of Defense,
shall develop educational and public awareness materials to
disseminate to members of the Armed Forces and veterans,
including through preseparation counseling of the Transition
Assistance Program under chapter 1142 of title 10, United
States Code, on--
(1) opportunities for members of the Armed Forces and
veterans to access Federal recreational lands and waters free
of charge under section 805 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6804);
(2) the availability and location of accessible trails,
including new accessible trails developed and completed under
section 5214;
(3) the availability and location of accessible recreation
opportunities, including new accessible recreation
opportunities developed and completed under section 5215;
(4) access to, and assistance with, assistive technology;
(5) outdoor-related volunteer and wellness programs;
(6) the benefits of outdoor recreation for physical and
mental health;
(7) resources to access guided outdoor trips and other
outdoor programs connected to the Department of Defense, the
Department of Veterans Affairs, the Department of the
Interior, or the Department of Agriculture; and
(8) programs and jobs focused on continuing national
service such as Public Land Corps, AmeriCorps, and
conservation corps programs.
SEC. 5222. MILITARY VETERANS OUTDOOR RECREATION LIAISONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, and subject to the availability
of appropriations made in advance for such purpose, the
Secretaries shall each establish within their Departments the
position of Military Veterans Outdoor Recreation Liaison.
(b) Duties.--The Military Veterans Outdoor Recreation
Liaison shall--
(1) coordinate the implementation of this subtitle;
(2) implement recommendations identified by the Task Force
on Outdoor Recreation for Veterans established under section
203 of the Veterans Comprehensive Prevention, Access to Care,
and Treatment Act of 2020 (Public Law 116-214), including
recommendations related to--
(A) improving coordination between the Department of
Veterans Affairs, Department of Agriculture, Department of
the Interior, and partner organizations regarding the use of
Federal recreational lands and waters for facilitating health
and wellness for veterans;
(B) addressing identified barriers, including augmenting
the delivery of services of Federal programs, to providing
veterans with greater opportunities to improve their health
and wellness through outdoor recreation on Federal
recreational lands and waters; and
(C) facilitating the use of Federal recreational lands and
waters for promoting wellness and facilitating the delivery
of health care and therapeutic interventions for veterans;
(3) coordinate with other Military Veterans Outdoor
Recreation Liaisons established under this section and
veterans organizations; and
(4) promote outdoor recreation experiences for veterans on
Federal recreational lands and waters through new and
innovative approaches.
SEC. 5223. PARTNERSHIPS TO PROMOTE MILITARY AND VETERAN
RECREATION.
(a) In General.--The Secretary concerned may enter into
partnerships or agreements with State, Tribal, local, or
private entities with expertise in outdoor recreation,
volunteer, accessibility, and health and wellness programs
for members of the Armed Forces or veterans.
[[Page S4879]]
(b) Partnerships.--As part of a partnership or agreement
entered into under subsection (a), the Secretary concerned
may host events on Federal recreational lands and waters
designed to promote outdoor recreation among members of the
Armed Forces and veterans.
(c) Financial and Technical Assistance.--Under a
partnership or agreement entered into pursuant to subsection
(a), the Secretary concerned may provide financial or
technical assistance to the entity with which the respective
Secretary concerned has entered into the partnership or
agreement to assist with--
(1) the planning, development, and execution of events,
activities, or programs designed to promote outdoor
recreation for members of the Armed Forces or veterans; or
(2) the acquisition of assistive technology to facilitate
improved outdoor recreation opportunities for members of the
Armed Forces or veterans.
SEC. 5224. NATIONAL STRATEGY FOR MILITARY AND VETERAN
RECREATION.
(a) Strategy.--Not later than 1 year after the date of the
enactment of this title, the Federal Interagency Council on
Outdoor Recreation established under section 5113 shall
develop and make public a strategy to increase visits to
Federal recreational lands and waters by members of the Armed
Forces, veterans, and Gold Star Family members.
(b) Requirements.--A strategy developed under subsection
(a)--
(1) shall--
(A) provide for the implementation of recommendations to
facilitate the use of public recreation lands by veterans
developed by the Task Force on Outdoor Recreation for
Veterans under section 203 of the Veterans COMPACT Act of
2020 (Public Law 116-214);
(B) establish objectives and quantifiable targets for
increasing visits to Federal recreational lands and waters by
members of the Armed Forces, veterans, and Gold Star Family
members;
(C) be developed in coordination with appropriate veterans
organizations;
(D) emphasize increased recreation opportunities on Federal
recreational lands and waters for members of the Armed
Forces, veterans, and Gold Star Family members; and
(E) provide the anticipated costs to achieve the objectives
and meet the targets established under subparagraphs (A) and
(B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial
entities.
(c) Update to Strategy.--Not later than 1 year after the
date of the publication of the strategy required under
subsection (a), and annually thereafter for the following 3
years, the Federal Interagency Council on Outdoor Recreation
shall update the strategy and make public the update.
SEC. 5225. RECREATION RESOURCE ADVISORY COMMITTEES.
Section 804(d) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6803(d)) is amended--
(1) in paragraph (5)(A), by striking ``11'' and inserting
``12'';
(2) in paragraph (5)(D)(i)--
(A) by striking ``Five'' and inserting ``Six''; and
(B) by inserting after subclause (V) the following:
``(VI) Veterans organizations, as such term is defined in
section 5201 of the EXPLORE Act.''; and
(3) in paragraph (8), by striking ``Eight'' and inserting
``Seven''.
SEC. 5226. CAREER AND VOLUNTEER OPPORTUNITIES FOR VETERANS.
(a) Pilot Program.--
(1) Establishment.--The Secretary, in consultation with the
Secretary of Labor, shall establish a pilot program to
proactively inform veterans of available employment positions
that relate to the conservation and resource management
activities of the Department of the Interior.
(2) Positions.--The Secretary shall--
(A) identify vacant positions in the Department of the
Interior that are appropriate to fill using the pilot
program;
(B) coordinate with the Military Veteran Outdoor Recreation
Liaisons established under section 5222 to inform veterans of
such vacant positions; and
(C) to the maximum extent practicable, provide assistance
to veterans in selecting one or more vacant positions to
apply to, for which that veteran may be best qualified.
(3) Reports.--
(A) Implementation report.--Not later than 1 year after the
date on which the pilot program under paragraph (1)
commences, the Secretary and the Secretary of Labor shall
jointly provide to the appropriate congressional committees a
report on the implementation of the pilot program.
(B) Final report.--Not later than 30 days after the date on
which the pilot program under paragraph (1) terminates under
paragraph (4), the Secretary and the Secretary of Labor shall
jointly submit to the appropriate congressional committees a
report on the pilot program that includes the following:
(i) The number of veterans who applied to participate in
the pilot program.
(ii) The number of such veterans employed under the pilot
program.
(iii) The number of veterans identified in clause (ii) who
transitioned to full-time positions with the Federal
Government after participating in the pilot program.
(iv) Any other information the Secretary and the Secretary
of Labor determine appropriate with respect to measuring the
effectiveness of the pilot program.
(4) Duration.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is 2
years after the date on which the pilot program commences.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Veterans' Affairs and the Committee on
Natural Resources of the House of Representatives; and
(2) the Committee on Veterans' Affairs and the Committee on
Energy and Natural Resources of the Senate.
(c) Outdoor Recreation Program Attendance.--The Secretaries
are encouraged to work with the Secretary of Defense and the
Secretary of Veterans Affairs to ensure servicemembers and
veterans have access to outdoor recreation and outdoor-
related volunteer and wellness programs as part of the basic
services provided to servicemembers and veterans.
Subtitle C--Youth Access
SEC. 5231. INCREASING YOUTH RECREATION VISITS TO FEDERAL
LAND.
(a) Strategy.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, acting jointly,
shall develop and make public a strategy to increase the
number of youth recreation visits to Federal recreational
lands and waters.
(b) Requirements.--A strategy developed under subsection
(a)--
(1) shall--
(A) emphasize increased recreation opportunities on Federal
recreational lands and waters for underserved youth;
(B) establish objectives and quantifiable targets for
increasing youth recreation visits; and
(C) provide the anticipated costs to achieve the objectives
and meet the targets established under subparagraph (B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial
entities.
(c) Update to Strategy.--Not later than 5 years after the
date of the publication of the strategy required under
subsection (a), and every 5 years thereafter, the Secretaries
shall update the strategy and make public the update.
(d) Agreements.--The Secretaries may enter into contracts
or cost-share agreements (including contracts or agreements
for the acquisition of vehicles) to carry out this section.
SEC. 5232. EVERY KID OUTDOORS ACT EXTENSION.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Public Law 116-9) is
amended--
(1) in paragraph (2)(B), by striking ``during the period
beginning on September 1 and ending on August 31 of the
following year'' and inserting ``for a 12-month period that
begins on a date determined by the Secretaries''; and
(2) in paragraph (5), by striking ``the date that is 7
years after the date of enactment of this Act'' and inserting
``September 30, 2031''.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
SEC. 5301. DEFINITIONS.
In this title:
(1) Commercial use authorization.--The term ``commercial
use authorization'' means a commercial use authorization to
provide services to visitors to units of the National Park
System under subchapter II of chapter 1019 of title 54,
United States Code.
(2) Multijurisdictional trip.--The term
``multijurisdictional trip'' means a trip that--
(A) uses 2 or more units of Federal recreational lands and
waters; and
(B) is under the jurisdiction of 2 or more Federal land
management agencies.
(3) Recreation service provider.--The term ``recreation
service provider'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by section 5311).
(4) Special recreation permit.--The term ``special
recreation permit'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by section 5311).
(5) Visitor-use day.--The term ``visitor-use day'' means a
visitor-use day, user day, launch, or other metric used by
the Secretary concerned for purposes of authorizing use under
a special recreation permit.
Subtitle A--Modernizing Recreation Permitting
SEC. 5311. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) is amended to
read as follows:
``SEC. 802. DEFINITIONS.
``In this title:
``(1) Entrance fee.--The term `entrance fee' means the
recreation fee authorized to be charged to enter onto lands
managed by the National Park Service or the United States
Fish and Wildlife Service.
``(2) Expanded amenity recreation fee.--The term `expanded
amenity recreation fee' means the recreation fee authorized
by section 803(g).
``(3) Federal land management agency.--The term `Federal
land management agency' means the National Park Service, the
United States Fish and Wildlife Service, the Bureau of Land
Management, the Bureau of Reclamation, or the Forest Service.
[[Page S4880]]
``(4) Federal recreational lands and waters.--The term
`Federal recreational lands and waters' means lands or waters
managed by a Federal land management agency.
``(5) National parks and federal recreational lands pass.--
The term `National Parks and Federal Recreational Lands Pass'
means the interagency national pass authorized by section
805.
``(6) Passholder.--The term `passholder' means the person
who is issued a recreation pass.
``(7) Recreation fee.--The term `recreation fee' means an
entrance fee, standard amenity recreation fee, expanded
amenity recreation fee, or special recreation permit fee.
``(8) Recreation pass.--The term `recreation pass' means
the National Parks and Federal Recreational Lands Pass or one
of the other recreation passes available as authorized by
section 805.
``(9) Recreation service provider.--The term `recreation
service provider' means a person that provides recreational
services to the public under a special recreation permit
under clause (i), (ii), or (iii) of paragraph (13)(A).
``(10) Secretaries.--The term `Secretaries' means the
Secretary of the Interior and the Secretary of Agriculture
acting jointly.
``(11) Secretary.--The term `Secretary' means--
``(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
``(B) the Secretary of Agriculture, with respect to the
Forest Service.
``(12) Special account.--The term `special account' means
the special account established in the Treasury under section
807 for a Federal land management agency.'';
``(13) Special recreation permit.--
``(A) In general.--The term `special recreation permit'
means a permit issued by a Federal land management agency for
the use of Federal recreational lands and waters that the
Secretary determines to be in one of the following
categories:
``(i) For--
``(I) a recurring outfitting, guiding, or, at the
discretion of the Secretary, other recreation service, the
authorization for which is for a term of not more than 10
years; or
``(II) a recurring outfitting, guiding, or, at the
discretion of the Secretary, other recreation service, that
occurs under a temporary special recreation permit authorized
under section 5316 of the EXPLORE Act.
``(ii) For a single competitive activity or event or a
related series of competitive activities or events.
``(iii) For--
``(I) at the discretion of the Secretary, a single
organized group recreation activity or event (including an
activity or event in which motorized recreational vehicles
are used or in which outfitting and guiding services are
used) that--
``(aa) is a structured or scheduled event or activity;
``(bb) is not competitive and is for fewer than 75
participants;
``(cc) may charge an entry or participation fee;
``(dd) involves fewer than 200 visitor-use days; and
``(ee) is undertaken or provided by the recreation service
provider at the same site not more frequently than 3 times a
year; and
``(II) at the discretion of the Secretary, a recurring
organized group recreation activity or event (including an
outfitting and guiding activity or event) that--
``(aa) is a structured or scheduled event or activity;
``(bb) is not competitive;
``(cc) may charge a participation fee;
``(dd) occurs in a group size of fewer than 7 participants;
``(ee) involves fewer than 40 visitor-use days; and
``(ff) is undertaken or provided by the recreation service
provider for a term of not more than 180 days.
``(iv) For a large-group activity or event that involves a
number of participants equal to or greater than a number to
be determined by the Secretary.
``(v) For a specialized recreational use not described in
clause (i), (ii), (iii), or (iv), such as--
``(I) an organizational camp;
``(II) participation by the public in a recreation activity
or recreation use of a specific area of Federal recreational
lands and waters in which use by the public is allocated; and
``(III) any other type of recreational activity or event
that requires an entry or participation fee that is not
strictly a sharing of the expenses incurred by the
participants during the activity or event.
``(B) Exclusions.--The term `special recreation permit'
does not include--
``(i) a concession contract for the provision of
accommodations, facilities, or services;
``(ii) a commercial use authorization issued under section
101925 of title 54, United States Code; or
``(iii) any other type of permit, including a special use
permit administered by the National Park Service.
``(14) Special recreation permit fee.--The term `special
recreation permit fee' means the fee authorized by section
803(h)(2).
``(15) Standard amenity recreation fee.--The term `standard
amenity recreation fee' means the recreation fee authorized
by section 803(f).
``(16) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.''.
(b) Special Recreation Permits and Fees.--Section 803 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802)
is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(3) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permits and Fees.--
``(1) Special recreation permits.--
``(A) Applications.--The Secretary--
``(i) may develop and make available to the public an
application to obtain a special recreation permit described
in clause (v) of section 802(13)(A); and
``(ii) shall develop and make available to the public an
application to obtain a special recreation permit described
in each of clauses (i) through (iv) of section 802(13)(A).
``(B) Issuance of permits.--On review of a completed
application developed under subparagraph (A), as applicable,
and a determination by the Secretary that the applicant is
eligible for the special recreation permit, the Secretary may
issue to the applicant a special recreation permit, subject
to any terms and conditions that are determined to be
necessary by the Secretary.
``(C) Incidental sales.--A special recreation permit issued
under this paragraph may include an authorization for sales
that are incidental in nature to the permitted use of the
Federal recreational lands and waters, except where otherwise
prohibited by law.
``(2) Special recreation permit fees.--
``(A) In general.--The Secretary may charge a special
recreation permit fee for the issuance of a special
recreation permit in accordance with this paragraph.
``(B) Predetermined special recreation permit fees.--
``(i) In general.--For purposes of subparagraphs (D) and
(E) of this paragraph, the Secretary shall establish and may
charge, and update as necessary, a predetermined fee,
described in clause (ii) of this subparagraph, for a special
recreation permit described in clause (i), (ii), or (iii) of
section 802(13)(A) for a specific type of use on a unit of
Federal recreational lands and waters, consistent with the
criteria set forth in clause (iii) of this subparagraph.
``(ii) Type of fee.--A predetermined fee described in
clause (i) shall be--
``(I) a fixed fee that is assessed per special recreation
permit, including a fee with an associated size limitation or
other criteria as determined to be appropriate by the
Secretary; or
``(II) an amount assessed per visitor-use day.
``(iii) Criteria.--A predetermined fee under clause (i)
shall--
``(I) have been established before the date of the
enactment of the EXPLORE Act;
``(II) if established after the date of the enactment of
the EXPLORE Act--
``(aa) be in accordance with subsection (b); and
``(bb) be comparable to an amount described in subparagraph
(D)(ii) or (E)(ii), as applicable; or
``(III) beginning on the date that is 2 years after the
date of the enactment of the EXPLORE Act, be $6 per visitor-
use day in instances in which the Secretary has not
established a predetermined fee under subclause (I) or (II)
until such time as the Secretary establishes a different fee
under this paragraph.
``(C) Calculation of fees for specialized recreational uses
and large-group activities or events.--The Secretary may, at
the discretion of the Secretary, establish and charge a fee
for a special recreation permit described in clause (iv) or
(v) of section 802(13)(A).
``(D) Calculation of fees for single organized group
recreation activities or events, competitive events, and
certain recurring organized group recreation activities.--If
the Secretary elects to charge a fee for a special recreation
permit described in clause (ii) or (iii) of section
802(13)(A), the Secretary shall charge the recreation service
provider, based on the election of the recreation service
provider--
``(i) the applicable predetermined fee established under
subparagraph (B); or
``(ii) an amount equal to a percentage of, to be determined
by the Secretary, but to not to exceed 5 percent of, adjusted
gross receipts calculated under subparagraph (F).
``(E) Calculation of fees for temporary permits and long-
term permits.--Subject to subparagraph (G), if the Secretary
elects to charge a fee for a special recreation permit
described in section 802(13)(A)(i), the Secretary shall
charge the recreation service provider, based on the election
of the recreation service provider--
``(i) the applicable predetermined fee established under
subparagraph (B); or
``(ii) an amount equal to a percentage of, to be determined
by the Secretary, but not to exceed 3 percent of, adjusted
gross receipts calculated under subparagraph (F).
``(F) Adjusted gross receipts.--For the purposes of
subparagraphs (D)(ii) and (E)(ii), the Secretary shall
calculate the adjusted gross receipts collected for each trip
or event authorized under a special recreation permit, using
either of the following calculations, based on the election
of the recreation service provider:
``(i) The sum of--
``(I) the product obtained by multiplying--
[[Page S4881]]
``(aa) the general amount paid by participants of the trip
or event to the recreation service provider for the
applicable trip or event (excluding amounts related to goods,
souvenirs, merchandise, gear, and additional food provided or
sold by the recreation service provider); and
``(bb) the quotient obtained by dividing--
``(AA) the number of days of the trip or event that
occurred on Federal recreational lands and waters covered by
the special recreation permit, rounded to the nearest whole
day; by
``(BB) the total number of days of the trip or event; and
``(II) the amount of any additional revenue received by the
recreation service provider for an add-on activity or an
optional excursion that occurred on the Federal recreational
lands and waters covered by the special recreation permit.
``(ii) The difference between--
``(I) the total cost paid by the participants of the trip
or event for the trip or event to the recreation service
provider--
``(aa) including any additional revenue received by the
recreation service provider for an add-on activity or an
optional excursion; and
``(bb) excluding the amount of any revenues from goods,
souvenirs, merchandise, gear, and additional food provided or
sold by the recreation service provider to the participants
of the applicable trip or event; and
``(II) the sum of--
``(aa) the amount of any costs or revenues from services
and activities provided or sold by the recreation service
provider to the participants of the trip or event that
occurred in a location other than Federal recreational lands
and waters (including costs for travel and lodging outside
Federal recreational lands and waters); and
``(bb) the amount of any revenues from any service provided
by a recreation service provider for an activity on Federal
recreational lands and waters that is not covered by the
special recreation permit.
``(G) Exception.--Notwithstanding subparagraphs (D) and
(E), the Secretary may charge a recreation service provider a
minimum annual fee for a special recreation permit described
in clauses (i), (ii), or (iii) of section 802(13)(A).
``(H) Savings clauses.--
``(i) Effect.--Nothing in this paragraph affects any fee
for--
``(I) a concession contract administered by the National
Park Service or the United States Fish and Wildlife Service
for the provision of accommodations, facilities, or services;
or
``(II) a commercial use authorization or special use permit
for use of Federal recreational lands and waters managed by
the National Park Service.
``(ii) Cost recovery.--Nothing in this paragraph affects
the ability of the Secretary to recover any administrative
costs under section 5320 of the EXPLORE Act.
``(iii) Special recreation permit fees and other recreation
fees.--The collection of a special recreation permit fee
under this paragraph shall not affect the authority of the
Secretary to collect an entrance fee, a standard amenity
recreation fee, or an expanded amenity recreation fee
authorized under subsections (e), (f), and (g).
``(iv) Relationship to other laws.--Nothing in this
paragraph affects the ability of the Secretary to issue
permits or collect fees under another provision of law,
including the National Forest Organizational Camp Fee
Improvement Act of 2003 (16 U.S.C. 6231 et seq.).
``(i) Disclosure of Recreation Fees and Use of Recreation
Fees.--
``(1) Notice of entrance fees, standard amenity recreation
fees, expanded amenity recreation fees, and available
recreation passes.--
``(A) In general.--The Secretary shall post clear notice of
any entrance fee, standard amenity recreation fee, expanded
amenity recreation fee, and available recreation passes--
``(i) at appropriate locations in each unit or area of
Federal recreational land and waters at which an entrance
fee, standard amenity recreation fee, or expanded amenity
recreation fee is charged; and
``(ii) on the appropriate website for such unit or area.
``(B) Publications.--The Secretary shall include in
publications distributed at a unit or area or described in
subparagraph (A) the notice described in that subparagraph.
``(2) Notice of uses of recreation fees.--Beginning on
January 1, 2026, the Secretary shall annually post, at the
location at which a recreation fee described in paragraph
(1)(A) is collected, clear notice of--
``(A) the total recreation fees collected during each of
the 2 preceding fiscal years at the respective unit or area
of the Federal land management agency; and
``(B) each use during the preceding fiscal year of the
applicable recreation fee or recreation pass revenues
collected under this section.
``(3) Notice of recreation fee projects.--To the extent
practicable, the Secretary shall post clear notice at the
location at which work is performed using recreation fee and
recreation pass revenues collected under this section.
``(4) Centralized reporting on agency websites.--
``(A) In general.--Not later than January 1, 2025, and not
later than 60 days after the beginning of each fiscal year
thereafter, the Secretary shall post on the website of the
applicable Federal land management agency a searchable list
of each use during the preceding fiscal year of the
recreation fee or recreation pass revenues collected under
this section.
``(B) List components.--The list required under
subparagraph (A) shall include, with respect to each use
described in that subparagraph--
``(i) a title and description of the overall project;
``(ii) a title and description for each component of the
project;
``(iii) the location of the project; and
``(iv) the amount obligated for the project.
``(5) Notice to customers.--A recreation service provider
may inform a customer of the recreation service provider of
any fee charged by the Secretary under this section.''.
(c) Conforming Amendment.--Section 804 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6803) is amended by
striking subsection (e).
(d) Use of Special Recreation Permit Revenue.--Section 808
of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6807) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (a)(3)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking ``6(a) or a visitor
reservation service.'' and inserting ``806(a) or a visitor
reservation service;''; and
(C) by adding at the end the following:
``(G) the processing of special recreation permit
applications and administration of special recreation
permits; and
``(H) the improvement of the operation of the special
recreation permit program under section 803(h).''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section 5(a)(7)'' and
inserting ``section 805(a)(7)''; and
(B) in paragraph (2), by striking ``section 5(d)'' and
inserting ``section 805(d)''.
(e) Reauthorization.--Section 810 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6809) is amended by
striking ``2019'' and inserting ``2031''.
SEC. 5312. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance
and reissuance of special recreation permits and reduce the
cost of administering special recreation permits under
section 803(h) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6802(h)) (as amended by this title), the
Secretaries shall each--
(1) not later than 1 year after the date of enactment of
this Act--
(A) evaluate the process for issuing special recreation
permits;
(B) based on the evaluation under subparagraph (A),
identify opportunities to--
(i) eliminate duplicative processes with respect to issuing
special recreation permits;
(ii) reduce costs for the issuance of special recreation
permits;
(iii) decrease processing times for special recreation
permits; and
(iv) issue simplified special recreation permits, including
special recreation permits for an organized group recreation
activity or event under subsection (e); and
(C) use or incorporate existing evaluations and analyses,
as applicable, in carrying out this section; and
(2) not later than 1 year after the date on which the
Secretaries complete their respective evaluation and
identification processes under paragraph (1), revise, as
necessary, relevant agency regulations and guidance
documents, including regulations and guidance documents
relating to the environmental review process, for special
recreation permits to implement the improvements identified
under paragraph (1)(B).
(b) Environmental Reviews.--
(1) In general.--The Secretary concerned shall, to the
maximum extent practicable, utilize available tools,
including tiering to existing programmatic reviews, as
appropriate, to facilitate an effective and efficient
environmental review process for activities undertaken by the
Secretary concerned relating to the issuance of special
recreation permits.
(2) Categorical exclusions.--Not later than 2 years after
the date of the enactment of this title, the Secretary
concerned shall--
(A) evaluate whether existing categorical exclusions
available to the Secretary concerned on the date of the
enactment of this title are consistent with the provisions of
this title;
(B) evaluate whether a modification of an existing
categorical exclusion or the establishment of 1 or more new
categorical exclusions developed in compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is necessary to undertake an activity described in
paragraph (1) in a manner consistent with the authorities and
requirements in this title; and
(C) revise relevant agency regulations and policy
statements and guidance documents, as necessary, to modify
existing categorical exclusions or incorporate new
categorical exclusions based on evaluations conducted under
this paragraph.
(c) Needs Assessments.--Except as required under subsection
(c) or (d) of section 4 of the Wilderness Act (16 U.S.C.
1133), the Secretary concerned shall not conduct a
[[Page S4882]]
needs assessment as a condition of issuing a special
recreation permit under section 803(h) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802(h)) (as amended by
this title).
(d) Online Applications.--Not later than 3 years after the
date of the enactment of this title, the Secretaries shall
make the application for a special recreation permit under
section 803(h) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6802(h)) (as amended by this title), including
a reissuance of a special recreation permit under that
section, available for completion and submission--
(1) online;
(2) by mail or electronic mail; and
(3) in person at the field office for the applicable
Federal recreational lands and waters.
(e) Special Recreation Permits for an Organized Group
Recreation Activity or Event.--
(1) Definitions.--In this subsection:
(A) Special recreation permit for an organized group
recreation activity or event.--The term ``special recreation
permit for an organized group recreation activity or event''
means a special recreation permit described in paragraph
(13)(A)(iii) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by this title).
(B) Youth group.--The term ``youth group'' means a
recreation service provider that predominantly serves
individuals not older than 25 years of age.
(2) Exemption from certain allocations of use.--If the
Secretary concerned allocates visitor-use days available for
an area or activity on Federal recreational lands and waters
among recreation service providers that hold a permit
described in paragraph (13)(A)(i) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title), the Secretary concerned may issue a
special recreation permit for an organized group recreation
activity or event for such Federal recreational lands and
waters, subject to the requirements under paragraph (3),
notwithstanding the availability or allocation of visitor-use
days to holders of a permit described in paragraph (13)(A)(i)
of section 802 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6801) (as amended by this title).
(3) Issuance.--In accordance with paragraphs (5) and (6),
if use by the general public is not subject to a limited
entry permit system and if capacity is available for the
times or days in which the proposed activity or event would
be undertaken, on request of a recreation service provider
(including a youth group) to conduct an organized group
recreation activity or event, the Secretary concerned--
(A) shall make a nominal effects determination to determine
whether the proposed activity or event would have more than
nominal effects on Federal recreational lands and waters,
resources, and programs; and
(B)(i) shall not require a recreation service provider
(including a youth group) to obtain a special recreation
permit for an organized group recreation activity or event if
the Secretary concerned determines--
(I) the proposed activity or event to be undertaken would
have only nominal effects on Federal recreational lands and
waters, resources, and programs; and
(II) establishing additional terms and conditions for the
proposed activity or event is not necessary to protect or
avoid conflict on or with Federal recreational lands and
waters, resources, and programs;
(ii) in the case of an organized group recreation activity
or event described in paragraph (13)(A)(iii)(I) of section
802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title), may issue to a
recreation service provider (including a youth group) a
special recreation permit for an organized group recreation
activity or event, subject to any terms and conditions as are
determined to be appropriate by the Secretary concerned, if
the Secretary concerned determines--
(I) the proposed activity or event to be undertaken would
have only nominal effects on Federal recreational lands and
waters, resources, and programs; and
(II) establishing additional terms and conditions for the
proposed activity or event is necessary to protect or avoid
conflict on or with Federal recreational lands and waters,
resources, and programs;
(iii) in the case of an organized group recreation activity
or event described in paragraph (13)(A)(iii)(II) of section
802 of that Act (16 U.S.C. 6801) (as amended by this title),
shall issue to a recreation service provider (including a
youth group) a special recreation permit for an organized
group recreation activity or event, subject to such terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be undertaken would
have only nominal effects on Federal recreational lands and
waters, resources, and programs; and
(II) establishing additional terms and conditions for the
proposed activity or event is necessary to protect or avoid
conflict on or with Federal recreational lands and waters,
resources, and programs; and
(iv) may issue to a recreation service provider (including
a youth group) a special recreation permit for an organized
group recreation activity or event, subject to any terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be undertaken may
have more than nominal effects on Federal recreational lands
and waters, resources, and programs; and
(II) establishing additional terms and conditions for the
proposed activity or event would be necessary to protect or
avoid conflict on or with Federal recreational lands and
waters, resources, and programs.
(4) Fees.--The Secretary concerned may elect not to charge
a fee to a recreation service provider (including a youth
group) for a special recreation permit for an organized group
recreation activity or event.
(5) Savings clause.--Nothing in this subsection prevents
the Secretary concerned from limiting or abating the
allowance of a proposed activity or event under paragraph
(3)(B)(i) or the issuance of a special recreation permit for
an organized group recreation activity or event, based on
resource conditions, administrative burdens, or safety
issues.
(6) Qualifications.--A special recreation permit for an
organized group recreation activity or event issued under
paragraph (3) shall be subject to the health and safety
standards required by the Secretary concerned for a permit
issued under paragraph (13)(A)(i) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title).
SEC. 5313. PERMIT FLEXIBILITY.
(a) In General.--The Secretary concerned shall establish
guidelines to allow a holder of a special recreation permit
under subsection (h) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
this title), to engage in another recreational activity under
the special recreation permit that is substantially similar
to the specific activity authorized under the special
recreation permit.
(b) Criteria.--For the purposes of this section, a
recreational activity shall be considered to be a
substantially similar recreational activity if the
recreational activity--
(1) is comparable in type, nature, scope, and ecological
setting to the specific activity authorized under the special
recreation permit;
(2) does not result in a greater impact on natural and
cultural resources than the impact of the authorized
activity;
(3) does not adversely affect--
(A) any other holder of a special recreation permit or
other permit; or
(B) any other authorized use of the Federal recreational
lands and waters; and
(4) is consistent with--
(A) any applicable laws (including regulations); and
(B) the land management plan, resource management plan, or
equivalent plan applicable to the Federal recreational lands
and waters.
(c) Surrender of Unused Visitor-use Days.--
(1) In general.--A recreation service provider holding a
special recreation permit described in paragraph (13)(A)(i)
of section 802 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6801) (as amended by this title) may--
(A) notify the Secretary concerned of an inability to use
visitor-use days annually allocated to the recreation service
provider under the special recreation permit; and
(B) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 5318(b).
(2) Determination.--To ensure a recreation service provider
described in paragraph (1) is able to make an informed
decision before surrendering any unused visitor-use day under
paragraph (1)(B), the Secretary concerned shall, on the
request of the applicable recreation service provider,
determine and notify the recreation service provider whether
the unused visitor-use day meets the requirement described in
section 5317(b)(3)(B) before the recreation service provider
surrenders the unused visitor-use day.
(d) Effect.--Nothing in this section affects any authority
of, regulation issued by, or decision of the Secretary
concerned relating to the use of electric bicycles on Federal
recreational lands and waters under any other Federal law.
SEC. 5314. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) In general.--Except as provided in subparagraph (B), in
an area of Federal recreational lands and waters in which use
by recreation service providers is allocated, if the
Secretary concerned determines that visitor-use days are
available for allocation to recreation service providers or
holders of a commercial use authorization for outfitting and
guiding, the Secretary concerned shall publish that
information on the website of the agency that administers the
applicable area of Federal recreational lands and waters.
(B) Effect.--Nothing in this paragraph--
(i) applies to--
(I) the reissuance of an existing special recreation permit
or commercial use authorization for outfitting and guiding;
or
(II) the issuance of a new special recreation permit or new
commercial use authorization for outfitting and guiding
issued to the purchaser of--
[[Page S4883]]
(aa) a recreation service provider that is the holder of an
existing special recreation permit; or
(bb) a holder of an existing commercial use authorization
for outfitting and guiding; or
(ii) creates a prerequisite to the issuance of a special
recreation permit or commercial use authorization for
outfitting and guiding or otherwise limits the authority of
the Secretary concerned--
(I) to issue a new special recreation permit or new
commercial use authorization for outfitting and guiding; or
(II) to add a new or additional use to an existing special
recreation permit or an existing commercial use authorization
for outfitting and guiding.
(2) Updates.--The Secretary concerned shall ensure that
information published on the website under this subsection is
consistently updated to provide current and correct
information to the public.
(3) Electronic mail notifications.--The Secretary concerned
shall establish a system by which potential applicants for
special recreation permits or commercial use authorizations
for outfitting and guiding may subscribe to receive
notification by electronic mail of the availability of
special recreation permits under section 803(h)(1) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
amended by this title) or commercial use authorizations for
outfitting and guiding.
(b) Permit Application or Proposal Acknowledgment.--Not
later than 60 days after the date on which the Secretary
concerned receives a completed application or a complete
proposal for a special recreation permit under section
803(h)(1) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) (as amended by this title), the Secretary
concerned shall--
(1) provide to the applicant notice acknowledging receipt
of the application or proposal; and
(2)(A) issue a final decision with respect to the
application or proposal; or
(B) provide to the applicant notice of a projected date for
a final decision on the application or proposal.
(c) Effect.--Nothing in this section applies to a
concession contract issued by the National Park Service for
the provision of accommodations, facilities, or services.
SEC. 5315. SERVICE FIRST INITIATIVE; PERMITS FOR
MULTIJURISDICTIONAL TRIPS.
(a) Repeal.--Section 330 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (43 U.S.C.
1703), is repealed.
(b) Cooperative Action and Sharing of Resources by the
Secretaries of the Interior and Agriculture.--
(1) In general.--For fiscal year 2024, and each fiscal year
thereafter, the Secretaries may carry out an initiative, to
be known as the ``Service First Initiative'', under which the
Secretaries, or Federal land management agencies within their
departments, may--
(A) establish programs to conduct projects, planning,
permitting, leasing, contracting, and other activities,
either jointly or on behalf of one another;
(B) co-locate in Federal offices and facilities leased by
an agency of the Department of the Interior or the Department
of Agriculture; and
(C) issue rules to test the feasibility of issuing unified
permits, applications, and leases, subject to the limitations
in this section.
(2) Delegations of authority.--The Secretaries may make
reciprocal delegations of the respective authorities, duties,
and responsibilities of the Secretaries in support of the
Service First Initiative agency-wide to promote customer
service and efficiency.
(3) Effect.--Nothing in this section alters, expands, or
limits the applicability of any law (including regulations)
to land administered by the Bureau of Land Management,
National Park Service, United States Fish and Wildlife
Service, or the Forest Service or matters under the
jurisdiction of any other bureaus or offices of the
Department of the Interior or the Department of Agriculture,
as applicable.
(4) Transfers of funding.--Subject to the availability of
appropriations and to facilitate the sharing of resources
under the Service First Initiative, the Secretaries are
authorized to mutually transfer funds between, or reimburse
amounts expended from, appropriate accounts of either
Department on an annual basis, including transfers and
reimbursements for multiyear projects, except that this
authority may not be used in a manner that circumvents
requirements or limitations imposed on the use of any of the
funds so transferred or reimbursed.
(5) Report.--The Secretaries shall submit an annual report
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate describing the activities undertaken
as part of the Service First Initiative in the prior year.
(c) Pilot Program for Special Recreation Permits for
Multijurisdictional Trips.--
(1) In general.--Not later than 2 years after the date of
the enactment of this title, the Secretaries shall establish
a pilot program to offer to a person seeking an authorization
for a multijurisdictional trip a set of separate special
recreation permits or commercial use authorizations that
authorizes the use of each unit of Federal recreational lands
and waters on which the multijurisdictional trip occurs,
subject to the authorities that apply to the applicable unit
of Federal recreational lands and waters.
(2) Minimum number of permits.--Not later than 4 years
after the date of the enactment of this title, the
Secretaries shall issue not fewer than 10 sets of separate
special recreation permits described in paragraph (13)(A)(i)
of section 802 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6801) (as amended by this title) or commercial
use authorizations under the pilot program established under
paragraph (1).
(3) Lead agencies.--In carrying out the pilot program
established under paragraph (1), the Secretaries shall--
(A) designate a lead agency for issuing and administering a
set of separate special recreation permits or commercial use
authorizations; and
(B) select not fewer than 4 offices at which a person shall
be able to apply for a set of separate special recreation
permits or commercial use authorizations, of which--
(i) not fewer than 2 offices are managed by the Secretary;
and
(ii) not fewer than 2 offices are managed by the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(4) Retention of authority by the applicable secretary.--
Each of the Secretaries shall retain the authority to enforce
the terms, stipulations, conditions, and agreements in a set
of separate special recreation permits or commercial use
authorizations issued under the pilot program established
under paragraph (1) that apply specifically to the use
occurring on the Federal recreational lands and waters
managed by the applicable Secretary, under the authorities
that apply to the applicable Federal recreational lands and
waters.
(5) Option to apply for separate special recreation permits
or commercial use authorizations.--A person seeking the
appropriate permits or authorizations for a
multijurisdictional trip may apply for--
(A) a separate special recreation permit or commercial use
authorization for the use of each unit of Federal
recreational lands and waters on which the
multijurisdictional trip occurs; or
(B) a set of separate special recreational permits or
commercial use authorizations made available under the pilot
program established under paragraph (1).
(6) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for
the provision of accommodations, facilities, or services.
SEC. 5316. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT
TEMPORARY SPECIAL RECREATION PERMITS FOR
OUTFITTING AND GUIDING.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary concerned shall
establish and implement a program to authorize the issuance
of temporary special recreation permits for new or additional
recreational uses of Federal recreational land and water
managed by the Forest Service and the Bureau of Land
Management.
(b) Term of Temporary Permits.--A temporary special
recreation permit issued under subsection (a) shall be issued
for a period of not more than 2 years.
(c) Conversion to Long-term Permit.--If the Secretary
concerned determines that a permittee under subsection (a)
has completed 2 years of satisfactory operation under a
permit or permits issued by the Secretary concerned, the
Secretary concerned may provide for the conversion of a
temporary special recreation permit issued under subsection
(a) to a long-term special recreation permit.
(d) Effect.--Nothing in this subsection alters or affects
the authority of the Secretary to issue a special recreation
permit under subsection (h)(1) of section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended
by this title).
SEC. 5317. REVIEWS FOR LONG-TERM PERMITS.
(a) Monitoring.--The Secretary concerned shall monitor each
recreation service provider issued a special recreation
permit for compliance with the terms of the permit--
(1) not less than annually or as frequently as needed (as
determined by the Secretary concerned), in the case of a
temporary special recreation permit for outfitting and
guiding issued under section 5316; and
(2) not less than once every 2 years or as frequently as
needed (as determined by the Secretary concerned), in the
case of a special recreation permit described in paragraph
(13)(A)(iv)(I) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by this title)
that is issued for a term of not more than 10 years.
(b) Use-of-allocation Reviews.--
(1) In general.--If the Secretary of Agriculture or the
Secretary, as applicable, allocates visitor-use days among
special recreation permits for outfitting and guiding, the
Secretary of Agriculture shall, and the Secretary may, review
the use by the recreation service provider of the visitor-use
days allocated under a long-term special recreation permit
described in paragraph (13)(A)(i)(I) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title), once every 5 years.
(2) Requirements of the review.--In conducting a review
under paragraph (1), the Secretary concerned shall
determine--
(A) the number of visitor-use days that the recreation
service provider used each year under the special recreation
permit, in accordance with paragraph (3); and
(B) the year in which the recreation service provider used
the most visitor-use days under the special recreation
permit.
[[Page S4884]]
(3) Consideration of surrendered, unused visitor-use
days.--For the purposes of determining the number of visitor-
use days a recreation service provider used in a specified
year under paragraph (2)(A), the Secretary of Agriculture,
acting through the Chief of the Forest Service, and the
Secretary, as applicable, shall consider an unused visitor-
use day that has been surrendered under section 5313(c)(1)(B)
as--
(A) \1/2\ of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary concerned
determines the use of the allocated visitor-use day had been
or will be prevented by a circumstance beyond the control of
the recreation service provider.
SEC. 5318. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--On
the completion of a use-of-allocation review conducted under
section 5317(b) for a special recreation permit described in
paragraph (13)(A)(i)(I) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
this title), the Secretary concerned shall adjust the number
of visitor-use days allocated to a recreation service
provider under the special recreation permit as follows:
(1) If the Secretary concerned determines that the
performance of the recreation service provider was
satisfactory during the most recent review conducted under
subsection (a) of section 5317, the annual number of visitor-
use days allocated for each remaining year of the permit
shall be equal to 125 percent of the number of visitor-use
days used, as determined under subsection (b)(2)(A) of that
section, during the year identified under subsection
(b)(2)(B) of that section, not to exceed the level allocated
to the recreation service provider on the date on which the
special recreation permit was issued.
(2) If the Secretary concerned determines the performance
of the recreation service provider is less than satisfactory
during the most recent performance review conducted under
subsection (a) of section 5317, the annual number of visitor-
use days allocated for each remaining year of the special
recreation permit shall be equal to not more than 100 percent
of the number of visitor-use days used, as determined under
subsection (b)(2)(A) of that section during the year
identified under subsection (b)(2)(B) of that section.
(b) Temporary Reassignment of Unused Visitor-use Days.--The
Secretary concerned may temporarily assign unused visitor-use
days, made available under section 5313(c)(1)(B), to--
(1) any other existing or potential recreation service
provider, notwithstanding the number of visitor-use days
allocated to the special recreation permit holder under the
special recreation permit held or to be held by the
recreation service provider; or
(2) any existing or potential holder of a special
recreation permit described in clause (ii), (iii), or (v) of
paragraph (13)(A) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
this title), including the public.
(c) Additional Capacity.--If unallocated visitor-use days
are available, the Secretary concerned may, at any time,
amend a special recreation permit to allocate additional
visitor-use days to a qualified recreation service provider.
SEC. 5319. LIABILITY.
(a) Insurance Requirements.--
(1) In general.--Except as provided in paragraph (2), as a
condition of issuing a special recreation permit under
subsection (h)(1)(B) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
this title) or a commercial use authorization, the Secretary
concerned may require the holder of the special recreation
permit or commercial use authorization to have a commercial
general liability insurance policy that--
(A) is commensurate with the level of risk of the
activities to be conducted under the special recreation
permit or commercial use authorization; and
(B) includes the United States as an additional insured in
an endorsement to the applicable policy.
(2) Exception.--The Secretary concerned shall not require a
holder of a special recreation permit or commercial use
authorization to comply with the requirements of paragraph
(1), if that permit or authorization is for--
(A) participation by an unguided member of the public in a
recreation activity in an area of Federal recreational lands
and waters in which use by the unguided public is allocated;
or
(B) low-risk activities, as determined by the Secretary
concerned, including commemorative ceremonies.
(b) Indemnification by Governmental Entities.--The
Secretary concerned shall not require a State, State agency,
State institution, or political subdivision of a State to
indemnify the United States for tort liability as a condition
for issuing a special recreation permit or commercial use
authorization to the extent the State, State agency, State
institution, or political subdivision of a State is precluded
by State law from providing indemnification to the United
States for tort liability, if the State, State agency, State
institution, or political subdivision of the State maintains
the minimum amount of liability insurance coverage required
by the Federal land management agency for the activities
conducted under the special recreation permit or commercial
use authorization in the form of--
(1) a commercial general liability insurance policy, which
includes the United States as an additional insured in an
endorsement to the policy, if the State is authorized to
obtain commercial general liability insurance by State law;
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law; or
(3) a combination of the coverage described in paragraphs
(1) and (2).
(c) Exculpatory Agreements.--
(1) In general.--Except as provided in paragraph (2), a
Federal land management agency shall not implement,
administer, or enforce any regulation, guidance, or policy
prohibiting the use of an exculpatory agreement between a
recreation service provider or a holder of a commercial use
authorization and a customer relating to services provided
under a special recreation permit or a commercial use
authorization.
(2) Requirements.--Any exculpatory agreement used by a
recreation service provider or holder of a commercial use
authorization for an activity authorized under a special
recreation permit or commercial use authorization--
(A) shall shield the United States from any liability, if
otherwise allowable under Federal law; and
(B) shall not waive any liability of the recreation service
provider or holder of the commercial use authorization that
may not be waived under the laws (including common law) of
the applicable State or for gross negligence, recklessness,
or willful misconduct.
(3) Consistency.--Not later than 2 years after the date of
the enactment of this title, the Secretaries shall--
(A) review the policies of the Secretaries pertaining to
the use of exculpatory agreements by recreation service
providers and holders of commercial use authorizations; and
(B) revise any policy described in subparagraph (A) as
necessary to make the policies of the Secretaries pertaining
to the use of exculpatory agreements by recreation service
providers and holders of commercial use authorizations
consistent with this subsection and across all Federal
recreational lands and waters.
(d) Effect.--Nothing in this section applies to a
concession contract issued by the National Park Service for
the provision of accommodations, facilities, or services.
SEC. 5320. COST RECOVERY REFORM.
(a) Cost Recovery for Special Recreation Permits.--In
addition to a fee collected under section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) or any
other authorized fee collected by the Secretary concerned,
the Secretary concerned may assess and collect a reasonable
fee from an applicant for, or holder of, a special recreation
permit to recover administrative costs incurred by the
Secretary concerned for--
(1) processing a proposal or application for the special
recreation permit;
(2) issuing the special recreation permit; and
(3) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special
recreation permit.
(b) De Minimis Exemption From Cost Recovery.--If the
administrative costs described in subsection (a) are assessed
on an hourly basis, the Secretary concerned shall--
(1) establish an hourly de minimis threshold that exempts a
specified number of hours from the assessment and collection
of administrative costs described in subsection (a); and
(2) charge an applicant only for any hours that exceed the
de minimis threshold.
(c) Multiple Applications.--If the Secretary concerned
collectively processes multiple applications for special
recreation permits for the same or similar services in the
same unit of Federal recreational lands and waters, the
Secretary concerned shall, to the extent practicable--
(1) assess from the applicants the fee described in
subsection (a) on a prorated basis; and
(2) apply the exemption described in subsection (b) to each
applicant on an individual basis.
(d) Limitation.--The Secretary concerned shall not assess
or collect administrative costs under this section for a
programmatic environmental review.
(e) Cost Reduction.--To the maximum extent practicable, the
agency processing an application for a special recreation
permit shall use existing studies and analysis to reduce the
quantity of work and costs necessary to process the
application.
SEC. 5321. AVAILABILITY OF FEDERAL, STATE, AND LOCAL
RECREATION PASSES.
(a) In General.--The Federal Lands Recreation Enhancement
Act is amended by inserting after section 805 (16 U.S.C.
6804) the following:
``SEC. 805A. AVAILABILITY OF FEDERAL, STATE, AND LOCAL
RECREATION PASSES.
``(a) Establishment of Program.--
``(1) In general.--To improve the availability of Federal,
State, and local outdoor recreation passes, the Secretaries
are encouraged to coordinate with States and counties
regarding the availability of Federal, State, and local
recreation passes to allow a purchaser to buy a Federal
recreation pass, State recreation pass, and local recreation
pass in a single transaction.
[[Page S4885]]
``(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
``(A) an America the Beautiful--the National Parks and
Federal Recreational Lands Pass under section 805; and
``(B) any pass covering any fees charged by participating
States and counties for entrance and recreational use of
parks and public land in the participating States.
``(b) Agreements With States and Counties.--
``(1) In general.--The Secretaries, after consultation with
the States and counties, may enter into agreements with
States and counties to coordinate the availability of passes
as described in subsection (a).
``(2) Revenue from pass sales.--Agreements between the
Secretaries, States, and counties entered into pursuant to
this section shall ensure that--
``(A) funds from the sale of State or local passes are
transferred to the appropriate State agency or county
government;
``(B) funds from the sale of Federal passes are transferred
to the appropriate Federal agency; and
``(C) fund transfers are completed by the end of a fiscal
year for all pass sales occurring during the fiscal year.''.
(b) Clerical Amendment.--The table of contents for the
Federal Lands Recreation Enhancement Act is amended by
inserting after the item relating to section 805 the
following:
``Sec. 805A. Availability of Federal, State, and local recreation
passes.''.
SEC. 5322. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL
VERSION OF AMERICA THE BEAUTIFUL--THE NATIONAL
PARKS AND FEDERAL RECREATIONAL LANDS PASSES.
(a) Online Purchases of America the Beautiful-The National
Parks and Federal Recreational Lands Pass.--Section 805(a)(6)
of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6804(a)(6)) is amended by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretaries shall sell or otherwise
make available the National Parks and Federal Recreational
Lands Pass--
``(i) at all Federal recreational lands and waters at
which--
``(I) an entrance fee or a standard amenity recreation fee
is charged; and
``(II) such sales or distribution of the Pass is feasible;
``(ii) at such other locations as the Secretaries consider
appropriate and feasible; and
``(iii) through a prominent link to a centralized pass sale
system on the website of each of the Federal land management
agencies and the websites of the relevant units and subunits
of those agencies, which shall include information about
where and when a National Parks and Federal Recreational
Lands Pass may be used.''.
(b) Digital Version of the America the Beautiful--The
National Parks and Federal Recreation Lands Pass.--Section
805(a) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6804(a)) is amended by adding at the end the
following:
``(10) Digital recreation passes.--Not later than January
1, 2026, the Secretaries shall--
``(A) establish a digital version of the National Parks and
Federal Recreational Lands Pass that is able to be stored on
a mobile device, including with respect to free and
discounted passes; and
``(B) upon completion of a transaction for a National Parks
and Federal Recreational Lands Pass, make immediately
available to the passholder a digital version of the National
Parks and Federal Recreational Lands Pass established under
subparagraph (A).''.
(c) Entrance Pass and Amenity Fees.--Section 803 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
amended by this title) is amended by adding at the end the
following:
``(j) Online Payments.--
``(1) In general.--In addition to providing onsite payment
methods, the Secretaries may collect payment online, where
feasible, for--
``(A) entrance fees under subsection (e);
``(B) standard amenity recreation fees under subsection
(f);
``(C) expanded amenity recreation fees under subsection
(g); and
``(D) special recreation permit fees.
``(2) Distribution of online payments.--An online payment
collected under paragraph (1) that is associated with a
specific unit or area of a Federal land management agency
shall be distributed in accordance with section 805(c).
``(3) Feasibility.--In determining feasibility of online
payment collection under paragraph (1), the Secretaries shall
consider--
``(A) the unique characteristics of the unit or area
applicable to such online payment collection;
``(B) the ability of the public to access an online payment
method, including availability of and access to broadband;
and
``(C) pursuant to the requirements of section 804, public
concerns regarding the feasibility of using an online payment
method to collect fees at such unit or area.''.
SEC. 5323. SAVINGS PROVISION.
Nothing in this subtitle, or in any amendment made by this
subtitle, shall be construed as affecting the authority or
responsibility of the Secretary of the Interior to award
concessions contracts for the provision of accommodations,
facilities, and services, or commercial use authorizations to
provide services, to visitors to United States Fish and
Wildlife Service refuges or units of the National Park System
pursuant to subchapter II of chapter 1019 of title 54, United
States Code (formerly known as the ``National Park Service
Concessions Management Improvement Act of 1998''), except
that sections 5314(a), 5315, 5319(a), 5319(b), and 5319(c) of
this subtitle shall also apply to commercial use
authorizations under that subchapter.
Subtitle B--Making Recreation a Priority
SEC. 5331. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.
(a) Definition of Seasonal Closure.--In this section, the
term ``seasonal closure'' means any period during which--
(1) a unit, or portion of a unit, of Federal recreational
lands and waters is closed to the public for a continuous
period of 30 days or more, excluding temporary closures
relating to wildlife conservation or public safety; and
(2) permitted or allowable recreational activities, which
provide an economic benefit, including off-season or winter-
season tourism, do not take place at the unit, or portion of
a unit, of Federal recreational lands and waters.
(b) Coordination.--
(1) In general.--The Secretaries shall consult and
coordinate with outdoor recreation-related businesses
operating on, or adjacent to, a unit of Federal recreational
lands and waters, State offices of outdoor recreation, local
destination marketing organizations, applicable trade
organizations, nonprofit organizations, Indian Tribes, local
governments, and institutions of higher education--
(A) to better understand--
(i) trends with respect to visitors to the unit of Federal
recreational lands and waters;
(ii) the effect of seasonal closures on areas of, or
infrastructure on, units of Federal recreational lands and
waters on outdoor recreation opportunities, adjacent
businesses, and local tax revenue; and
(iii) opportunities to extend the period of time during
which areas of, or infrastructure on, units of Federal
recreational lands and waters are open to the public to
increase outdoor recreation opportunities and associated
revenues for businesses and local governments; and
(B) to solicit input from, and provide information for,
outdoor recreation marketing campaigns.
(2) Local coordination.--As part of the consultation and
coordination required under subparagraph (1), the Secretaries
shall encourage relevant unit managers of Federal
recreational lands and waters managed by the Forest Service,
the Bureau of Land Management, and the National Park Service
to consult and coordinate with local governments, Indian
Tribes, outdoor recreation-related businesses, and other
local stakeholders operating on or adjacent to the relevant
unit of Federal recreational lands and waters.
(c) Extensions Beyond Seasonal Closures.--
(1) Extension of recreational season.--In the case of a
unit of Federal recreational lands and waters managed by the
Forest Service, the Bureau of Land Management, or the
National Park Service in which recreational use is highly
seasonal, the Secretary concerned, acting through the
relevant unit manager, may--
(A) as appropriate, extend the recreation season or
increase recreation use in a sustainable manner during the
offseason; and
(B) make information about extended season schedules and
related recreational opportunities available to the public
and local communities.
(2) Determination.--In determining whether to extend the
recreation season under this subsection, the Secretary
concerned, acting through the relevant unit manager, shall
consider the benefits of extending the recreation season--
(A) for the duration of income to gateway communities; and
(B) to provide more opportunities to visit resources on
units of Federal recreational lands and waters to reduce
crowding during peak visitation.
(3) Clarification.--Nothing in this subsection precludes
the Secretary concerned, acting through the relevant unit
manager, from providing for additional recreational
opportunities and uses at times other than those described in
this subsection.
(4) Inclusions.--An extension of a recreation season or an
increase in recreation use during the offseason under
paragraph (1) may include--
(A) the addition of facilities that would increase
recreation use during the offseason; and
(B) improvement of access to the relevant unit to extend
the recreation season.
(5) Requirement.--An extension of a recreation season or
increase in recreation use during the offseason under
paragraph (1) shall be done in compliance with all applicable
Federal laws, regulations, and policies, including land use
plans.
(6) Agreements.--
(A) In general.--The Secretary concerned may enter into
agreements with businesses, local governments, or other
entities to share the cost of additional expenses necessary
to extend the period of time during which an area of, or
infrastructure on, a unit of Federal recreational lands and
waters is made open to the public.
[[Page S4886]]
(B) In-kind contributions.--The Secretary concerned may
accept in-kind contributions of goods and services provided
by businesses, local governments, or other entities for
purposes of paragraph (1).
SEC. 5332. INFORMING THE PUBLIC OF ACCESS CLOSURES.
(a) In General.--The Secretaries shall, to the extent
practicable and in a timely fashion, alert the public to any
closures or disruption to the public campsites, trails,
roads, and other public areas and access points under the
jurisdiction of the applicable Secretary.
(b) Online Alert.--An alert under subsection (a) shall be
posted online on a public website of the appropriate land
unit in a manner that--
(1) ensures that the public can easily find the alert in
searching for the applicable campsite, trail, road, or other
access point; and
(2) consolidates all alerts under subsection (a).
Subtitle C--Maintenance of Public Land
SEC. 5341. VOLUNTEERS IN THE NATIONAL FORESTS AND PUBLIC
LANDS ACT.
The Volunteers in the National Forests Act of 1972 (16
U.S.C. 558a et seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Volunteers in the National
Forests and Public Lands Act'.
``SEC. 2. PURPOSE.
``The purpose of this Act is to leverage volunteer
engagement to supplement projects that are carried out by the
Secretaries to fulfill the missions of the Forest Service and
the Bureau of Land Management and are accomplished with
appropriated funds.
``SEC. 3. DEFINITION OF SECRETARIES.
``In this Act, the term `Secretaries' means each of--
``(1) the Secretary of Agriculture, acting through the
Chief of the Forest Service; and
``(2) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
``SEC. 4. AUTHORIZATION.
``The Secretaries are authorized to recruit, train, and
accept without regard to the civil service and classification
laws, rules, or regulations the services of individuals
without compensation as volunteers for or in aid of
recreation access, trail construction or maintenance,
facility construction or maintenance, educational uses
(including outdoor classroom construction or maintenance),
interpretive functions, visitor services, conservation
measures and development, or other activities in and related
to areas administered by the Secretaries. In carrying out
this section, the Secretaries shall consider referrals of
prospective volunteers made by the Corporation for National
and Community Service.
``SEC. 5. INCIDENTAL EXPENSES.
``The Secretaries are authorized to provide for incidental
expenses, such as transportation, uniforms, lodging,
training, equipment, and subsistence.
``SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.
``(a) Except as otherwise provided in this section, a
volunteer shall not be deemed a Federal employee and shall
not be subject to the provisions of law relating to Federal
employment, including those relating to hours of work, rates
of compensation, leave, unemployment compensation, and
Federal employee benefits.
``(b) For the purpose of the tort claim provisions of title
28, United States Code, a volunteer under this Act shall be
considered a Federal employee.
``(c) For the purposes of subchapter I of chapter 81 of
title 5, United States Code, relating to compensation to
Federal employees for work injuries, volunteers under this
Act shall be deemed civil employees of the United States
within the meaning of the term `employee' as defined in
section 8101 of title 5, United States Code, and the
provisions of that subchapter shall apply.
``(d) For the purposes of claims relating to damage to, or
loss of, personal property of a volunteer incident to
volunteer service, a volunteer under this Act shall be
considered a Federal employee, and the provisions of section
3721 of title 31, United States Code, shall apply.
``(e) For the purposes of subsections (b), (c), and (d),
the term `volunteer' includes a person providing volunteer
services to either of the Secretaries who--
``(1) is recruited, trained, and supported by a cooperator
under a mutual benefit agreement or cooperative agreement
with either of the Secretaries; and
``(2) performs such volunteer services under the
supervision of the cooperator as directed by either of the
Secretaries in the mutual benefit agreement or cooperative
agreement in the mutual benefit agreement, including
direction that specifies--
``(A) the volunteer services, including the geographic
boundaries of the work to be performed by the volunteers, and
the supervision to be provided by the cooperator;
``(B) the applicable project safety standards and protocols
to be adhered to by the volunteers and enforced by the
cooperator;
``(C) the on-site visits to be made by either of the
Secretaries, if feasible and only if necessary to verify that
volunteers are performing the volunteer services and the
cooperator is providing the supervision agreed upon;
``(D) the equipment the volunteers are authorized to use;
``(E) the training the volunteers are required to complete;
``(F) the actions the volunteers are authorized to take;
and
``(G) any other terms and conditions that are determined to
be necessary by the applicable Secretary.
``SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.
``The Secretaries shall promote volunteer opportunities in
areas administered by the Secretaries.
``SEC. 8. LIABILITY INSURANCE.
``The Secretaries shall not require a cooperator or
volunteer (as those terms are used in section 6) to have
liability insurance to provide the volunteer services
authorized under this Act.''.
SEC. 5342. REFERENCE.
Any reference to the Volunteers in the National Forests Act
of 1972 in any law, regulation, map, document, record, or
other paper of the United States shall be deemed to be a
reference to the Volunteers in the National Forests and
Public Land Act.
Subtitle D--Recreation Not Red Tape
SEC. 5351. GOOD NEIGHBOR AUTHORITY FOR RECREATION.
(a) Definitions.--In this section:
(1) Authorized recreation services.--The term ``authorized
recreation services'' means similar and complementary
recreation enhancement or improvement services carried out--
(A) on Federal land, non-Federal land, or land owned by an
Indian Tribe; and
(B) by either the Secretary or a Governor, Indian Tribe, or
county, as applicable, pursuant to a good neighbor agreement.
(2) County.--The term ``county'' means--
(A) the appropriate executive official of an affected
county; or
(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the
affected counties.
(3) Federal land.--The term ``Federal land'' means land
that is--
(A) owned and administered by the United States as a part
of--
(i) the National Forest System; or
(ii) the National Park System; or
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
(4) Recreation enhancement or improvement services.--The
term ``recreation enhancement or improvement services''
means--
(A) establishing, repairing, restoring, improving,
relocating, constructing, or reconstructing new or existing--
(i) trails or trailheads;
(ii) campgrounds and camping areas;
(iii) cabins;
(iv) picnic areas or other day use areas;
(v) shooting ranges;
(vi) restroom or shower facilities;
(vii) paved or permanent roads or parking areas that serve
existing recreation facilities or areas;
(viii) fishing piers, wildlife viewing platforms, docks, or
other constructed features at a recreation site;
(ix) boat landings;
(x) hunting or fishing sites;
(xi) infrastructure within ski areas; or
(xii) visitor centers or other interpretative sites; and
(B) activities that create, improve, or restore access to
existing recreation facilities or areas.
(5) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract
(including a sole source contract) entered into between the
Secretary and a Governor, Indian Tribe, or county, as
applicable, to carry out authorized recreation services under
this title.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State
or the Commonwealth of Puerto Rico.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to National
Park System land and public lands.
(b) Good Neighbor Agreements for Recreation.--
(1) In general.--The Secretary concerned may enter into a
good neighbor agreement with a Governor, Indian Tribe, or
county to carry out authorized recreation services in
accordance with this title.
(2) Public availability.--The Secretary concerned shall
make each good neighbor agreement available to the public.
(3) Financial and technical assistance.--The Secretary
concerned may provide financial or technical assistance to a
Governor, Indian Tribe, or county carrying out authorized
recreation services.
(4) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any
authorized recreation services to be provided under this
section on Federal land shall not be delegated to a Governor,
Indian Tribe, or county.
(5) Termination.--The authority provided under this section
terminates effective September 30, 2031.
SEC. 5352. PERMIT RELIEF FOR PICNIC AREAS.
(a) In General.--If the Secretary concerned does not
require the public to obtain a permit or reservation to
access a picnic
[[Page S4887]]
area on Federal recreational lands and waters administered by
the Forest Service or the Bureau of Land Management, the
Secretary concerned shall not require a covered person to
obtain a permit solely to access the picnic area.
(b) Covered Person Defined.--In this section, the term
``covered person'' means a person (including an educational
group) that provides outfitting and guiding services to fewer
than 40 customers per year at a picnic area described in
subsection (a).
SEC. 5353. INTERAGENCY REPORT ON SPECIAL RECREATION PERMITS
FOR UNDERSERVED COMMUNITIES.
(a) Covered Community Defined.--In this section, the term
``covered community'' means a rural or urban community,
including an Indian Tribe, that is--
(1) low-income or underserved; and
(2) has been underrepresented in outdoor recreation
opportunities on Federal recreational lands and waters.
(b) Report.--Not later than 3 years after the date of the
enactment of this title, the Secretaries, acting jointly,
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that describes--
(1) the estimated use of special recreation permits serving
covered communities;
(2) examples of special recreation permits, partnerships,
cooperative agreements, or other arrangements providing
access to Federal recreational lands and waters for covered
communities;
(3) other ways covered communities are engaging on Federal
recreational lands and waters, including through stewardship
and conservation projects or activities;
(4) any barriers for existing or prospective recreation
service providers and holders of commercial use
authorizations operating within or serving a covered
community; and
(5) any recommendations to facilitate and increase
permitted access to Federal recreational lands and waters for
covered communities.
SEC. 5354. MODERNIZING ACCESS TO OUR PUBLIC LAND ACT
AMENDMENTS.
The Modernizing Access to Our Public Land Act (16 U.S.C.
6851 et seq.) is amended--
(1) in section 3(1) (16 U.S.C. 6852(1)), by striking
``public outdoor recreational use'' and inserting
``recreation sites'';
(2) in section 5(a)(4) (16 U.S.C. 6854(a)(4)), by striking
``permanently restricted or prohibited'' and inserting
``regulated or closed''; and
(3) in section 6(b) (16 U.S.C. 6855(b))--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``the Secretary of the Interior'' and
inserting ``the Secretaries''.
SEC. 5355. SAVINGS PROVISION.
No additional Federal funds are authorized to carry out the
requirements of this division and the activities authorized
by this division are subject to the availability of
appropriations made in advance for such purposes.
______
SA 2545. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--COLORADO OUTDOOR RECREATION AND ECONOMY
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Colorado Outdoor
Recreation and Economy Act''.
SEC. 5002. DEFINITION OF STATE.
In this division, the term ``State'' means the State of
Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 5101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 5102(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 5104(a);
(B) the Williams Fork Mountains Wildlife Conservation Area
designated by section 5105(a); and
(C) the Spraddle Creek Wildlife Conservation Area
designated by section 5106(a).
SEC. 5102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is
amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of
Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated April 22, 2022, which shall be known as
the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately
7,624 acres, as generally depicted as `Proposed Tenmile
Wilderness' on the map entitled `Tenmile Proposal' and dated
May 1, 2023, which shall be known as the `Tenmile
Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 7,634 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle
Creek Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated April 26, 2022,
which shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352 (90
Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of that Act
shall be considered to be a reference to the date of
enactment of this Act for purposes of administering a covered
area.
(c) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary may carry out any activity in a covered area
that the Secretary determines to be necessary for the control
of fire, insects, and diseases, subject to such terms and
conditions as the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area,
if established before the date of enactment of this Act,
shall be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617).
(e) Coordination.--For purposes of administering the
Federal land designated as wilderness by paragraph (26) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by subsection
(a)(2)), the Secretary shall, as determined to be appropriate
for the protection of watersheds, coordinate the activities
of the Secretary in response to fires and flooding events
with interested State and local agencies.
SEC. 5103. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
in the White River National Forest in the State, comprising
approximately 8,036 acres, as generally depicted as
``Proposed Williams Fork Mountains Wilderness'' on the map
entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and
except as provided in subsection (d), the potential
wilderness area designated by subsection (a) shall be managed
in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock
grazing or other use by livestock on the vacant allotments
known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that
livestock grazing or other use in accordance with applicable
laws (including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use motorized or mechanized
transport or equipment
[[Page S4888]]
for purposes of constructing or rehabilitating such range
improvements as are necessary to obtain appropriate livestock
management objectives (including habitat and watershed
restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180 days
after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary publishes in the
Federal Register a notice that the construction or
rehabilitation of range improvements under subsection (d) is
complete;
(ii) the date described in subsection (d)(2); and
(iii) the effective date of a determination of the
Secretary not to authorize livestock grazing or other use by
livestock under subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date on which the
Williams Fork Mountains Wilderness is designated in
accordance with paragraph (1).
SEC. 5104. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the
White River National Forest, as generally depicted as
``Proposed Porcupine Gulch Wildlife Conservation Area'' on
the map entitled ``Porcupine Gulch Wildlife Conservation Area
Proposal'' and dated June 24, 2019, are designated as the
``Porcupine Gulch Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Recreation.--The Secretary may permit such recreational
activities in the Wildlife Conservation Area that the
Secretary determines are consistent with the purposes
described in subsection (b).
(C) Motorized vehicles and mechanized transport; new or
temporary roads.--
(i) Motorized vehicles and mechanized transport.--Except as
provided in clause (iii), the use of motorized vehicles and
mechanized transport in the Wildlife Conservation Area shall
be prohibited.
(ii) New or temporary roads.--Except as provided in clause
(iii) and subsection (e), no new or temporary road shall be
constructed within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads or permitting the use of
motorized vehicles or mechanized transport to carry out pre-
or post-fire watershed protection projects;
(III) authorizing the use of motorized vehicles or
mechanized transport to carry out activities described in
subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to manage wildland fire and treat hazardous fuels,
insects, and diseases in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary
determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 5110(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations) and subject to valid existing rights, the use of
the subsurface of the Wildlife Conservation Area to
construct, realign, operate, or maintain regional
transportation projects, including Interstate 70 and the
Eisenhower-Johnson Tunnels.
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 5105. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION
AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation
Area'' on the map entitled ``Williams Fork Mountains
Proposal'' and dated June 24, 2019, are designated as the
``Williams Fork Mountains Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation
Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in clause (iii), the
use of motorized vehicles in the Wildlife Conservation Area
shall be limited to designated roads and trails.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the
Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles for
administrative purposes;
(II) authorizing the use of motorized vehicles to carry out
activities described in subsection (d); or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads and
trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and policies
followed by the Secretary in issuing and administering
grazing permits or leases on land under the jurisdiction of
the Secretary shall continue to apply with regard to the land
in the Wildlife Conservation Area, consistent with the
purposes described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to manage wildland fire and treat hazardous fuels,
insects, and diseases in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary
determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 5106. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 2,674 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Spraddle Creek Wildlife Conservation Area'' on the
map entitled ``Eagles Nest Wilderness Additions Proposal''
and dated April 26, 2022, are designated as the ``Spraddle
Creek Wildlife Conservation Area'' (referred to in this
section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
[[Page S4889]]
(iii) this title.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Motorized vehicles and mechanized transport.--Except as
necessary for administrative purposes or to respond to an
emergency, the use of motorized vehicles and mechanized
transport in the Wildlife Conservation Area shall be
prohibited.
(C) Roads.--
(i) In general.--Except as provided in clause (ii), no road
shall be constructed in the Wildlife Conservation Area.
(ii) Exceptions.--Nothing in clause (i) prevents the
Secretary from--
(I) constructing a temporary road as the Secretary
determines to be necessary as a minimum requirement for
carrying out a vegetation management project in the Wildlife
Conservation Area; or
(II) responding to an emergency.
(iii) Decommissioning of temporary roads.--Not later than 3
years after the date on which the applicable vegetation
management project is completed, the Secretary shall
decommission any temporary road constructed under clause
(ii)(I) for the applicable vegetation management project.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized in the Wildlife
Conservation Area under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to manage wildland fire and treat hazardous fuels,
insects, and diseases in the Wildlife Conservation Area,
subject to such terms and conditions as the Secretary
determines to be appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 5107. SANDY TREAT OVERLOOK.
The interpretive site located beside United States Route 24
within the Camp Hale-Continental Divide National Monument, at
39.431N 106.323W, is designated as the ``Sandy Treat
Overlook''.
SEC. 5108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National
Forest is modified to include the approximately 120 acres
comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the
SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian,
in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of
section 200306 of title 54, United States Code, the
boundaries of the White River National Forest, as modified by
subsection (a), shall be considered to be the boundaries of
the White River National Forest as in existence on January 1,
1965.
SEC. 5109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS
BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for
the ongoing maintenance and use of portions of the Trail
River Ranch and the associated property located within Rocky
Mountain National Park in Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1070) is amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment'
and dated January 16, 2018.''.
SEC. 5110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an amendment made
by this title establishes a protective perimeter or buffer
zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 5103; or
(C) a Wildlife Conservation Area.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the
activity or use outside the boundary of the applicable area
described in paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and
in accordance with applicable law, the Secretary shall allow
for the continued use of the areas described in subsection
(b)(1) by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of each area described in subsection
(b)(1) with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description prepared
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may--
(A) correct any typographical errors in the maps and legal
descriptions; and
(B) in consultation with the State, make minor adjustments
to the boundaries of the Porcupine Gulch Wildlife
Conservation Area designated by section 5104(a) and the
Williams Fork Mountains Wildlife Conservation Area designated
by section 5105(a) to account for potential highway or
multimodal transportation system construction, safety
measures, maintenance, realignment, or widening.
(3) Public availability.--Each map and legal description
prepared under paragraph (1) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described
in subsection (b)(1) by donation, purchase from a willing
seller, or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area or Wildlife
Conservation Area, as applicable, in which the land or
interest in land is located.
(f) Withdrawal.--Subject to valid existing rights, the
areas described in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Military Overflights.--Nothing in this title or an
amendment made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this
title, including military overflights that can be seen,
heard, or detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an area
described in paragraph (1); or
(B) any military flight training or transportation over
such an area.
(h) Sense of Congress.--It is the sense of Congress that
military aviation training on Federal public land in the
State, including the training conducted at the High-Altitude
Army National Guard Aviation Training Site, is critical to
the national security of the United States and the readiness
of the Armed Forces.
TITLE II--SAN JUAN MOUNTAINS
SEC. 5201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by
section 5202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area designated
by section 5203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 5203(a)(2).
SEC. 5202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as amended by section
5102(a)(2)) is amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine,
Black Face and San Bernardo Additions to the Lizard Head
Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--Certain
Federal land in the Grand Mesa, Uncompahgre, and Gunnison
National Forests comprising approximately 7,235 acres, as
generally depicted on the map entitled `Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area' and dated
September 6, 2018, which is incorporated in, and shall be
administered as part of, the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land in the
Grand Mesa, Uncompahgre, and Gunnison National Forests
comprising
[[Page S4890]]
approximately 12,465 acres, as generally depicted on the map
entitled `Proposed Whitehouse Additions to the Mt. Sneffels
Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Mount Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and
dated September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 5203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San
Juan National Forests in the State comprising approximately
21,663 acres, as generally depicted on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018, is designated as the ``Sheep Mountain
Special Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty
Bell and Last Dollar Additions to the Mt. Sneffels
Wilderness, Liberty Bell East Special Management Area'' and
dated September 6, 2018, is designated as the ``Liberty Bell
East Special Management Area''.
(b) Purpose.--The purpose of the Special Management Areas
is to conserve and protect for the benefit and enjoyment of
present and future generations the geological, cultural,
archaeological, paleontological, natural, scientific,
recreational, wilderness, wildlife, riparian, historical,
educational, and scenic resources of the Special Management
Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources and
values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves the
wilderness character of the Special Management Areas and the
suitability of the Special Management Areas for potential
inclusion in the National Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum requirements
for the administration of the Federal land, to provide access
for abandoned mine cleanup, and to protect public health and
safety--
(i) the use of motor vehicles, motorized equipment, or
mechanical transport (other than as provided in paragraph
(3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any activities
(including helicopter access for recreation and maintenance
and the competitive running event permitted since 1992) that
have been authorized by permit or license as of the date of
enactment of this Act to continue within the Special
Management Areas, subject to such terms and conditions as the
Secretary may require.
(B) Permitting.--The designation of the Special Management
Areas by subsection (a) shall not affect the issuance of
permits relating to the activities covered under subparagraph
(A) after the date of enactment of this Act.
(C) Bicycles.--The Secretary may permit the use of bicycles
in--
(i) the portion of the Sheep Mountain Special Management
Area identified as ``Ophir Valley Area'' on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018; and
(ii) the portion of the Liberty Bell East Special
Management Area identified as ``Liberty Bell Corridor'' on
the map entitled ``Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), except that, for purposes of this
title--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of
this Act, or the Bowen Gulch Protection Area or the Fossil
Ridge Recreation Management Area identified in sections 5 and
6 of this Act'', or ``the areas described in sections 2, 5,
6, and 9 of this Act'' shall be considered to be a reference
to ``the Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado
Outdoor Recreation and Economy Act''.
(e) Sheep Mountain Special Management Area Nordic Ski
Safety Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with
interested parties, shall complete a study on ensuring safe
access for Nordic skiing in the vicinity of the Sheep
Mountain Special Management Area, consistent with the
purposes of the Sheep Mountain Special Management Area.
(2) Requirement.--In conducting the study under paragraph
(1), the Secretary, in coordination with San Miguel County in
the State, the State Department of Transportation, and other
interested stakeholders, shall identify a range of reasonable
actions that could be taken by the Secretary to provide or
facilitate off-highway parking areas along State Highway 145
to facilitate safe access for Nordic skiing in the vicinity
of the Sheep Mountain Special Management Area.
SEC. 5204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of
title II of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez
Canyon Wilderness Study Area not designated as wilderness by
this subtitle have been adequately studied for wilderness
designation.
``(b) Release.--Any public land referred to in subsection
(a) that is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 5202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
5202)--
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(B) shall be managed in accordance with applicable laws.
SEC. 5205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as
added by section 5202) and the Special Management Areas
with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or
the wilderness designated under paragraphs (27) through (29)
of section 2(a) of
[[Page S4891]]
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 5202) by donation,
purchase from a willing seller, or exchange.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special
Management Area in which the land or interest in land is
located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall
be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary with jurisdiction over the covered land, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary with jurisdiction over a wilderness area
designated by paragraphs (27) through (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 5202) may carry out
any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects,
and diseases, subject to such terms and conditions as the
Secretary determines to be appropriate.
(h) Withdrawal.--Subject to valid existing rights, the
covered land and the approximately 6,590 acres generally
depicted on the map entitled ``Proposed Naturita Canyon
Mineral Withdrawal Area'' and dated September 6, 2018, is
withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 5301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and
other disposal laws in order to protect the agricultural,
ranching, wildlife, air quality, recreation, ecological, and
scenic values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere.
SEC. 5302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land
or interests in Federal land in Garfield, Gunnison, Delta, or
Pitkin County in the State, within the boundaries of the
``Fugitive Coal Mine Methane Use Pilot Program Area'', as
generally depicted on the pilot program map, that would leak
or be vented into the atmosphere from--
(A) an active or inactive coal mine subject to a Federal
coal lease; or
(B) an abandoned underground coal mine or the site of a
former coal mine--
(i) that is not subject to a Federal coal lease; and
(ii) with respect to which the Federal interest in land
includes mineral rights to the methane gas.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 5305(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive
Coal Mine Methane Use Pilot Program Area'' and dated April
29, 2022.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease'' means
any oil or gas lease in effect on the date of enactment of
this Act within the Thompson Divide Withdrawal and Protection
Area.
(B) Exclusions.--The term ``Thompson Divide lease'' does
not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage Field
development right; or
(ii) before the date of enactment of this Act, has expired,
been cancelled, or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map''
and dated May 15, 2023.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals within the area generally
depicted as the ``Thompson Divide Withdrawal and Protection
Area'' on the Thompson Divide map.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage Field
development right'' means a development right for any of the
Federal mineral leases numbered COC 0007496, COC 0007497, COC
0007498, COC 0007499, COC 0007500, COC 0007538, COC 0008128,
COC 0015373, COC 0128018, COC 0051645, and COC 0051646, as
generally depicted on the Thompson Divide map as ``Wolf Creek
Storage Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage Field
development right'' does not include any storage right or
related activity within the area described in subparagraph
(A).
SEC. 5303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the
Thompson Divide Withdrawal and Protection Area is withdrawn
from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of
the Thompson Divide Withdrawal and Protection Area shall be
determined by surveys approved by the Secretary, in
consultation with the Secretary of Agriculture.
(c) Grazing.--Nothing in this title affects the
administration of grazing in the Thompson Divide Withdrawal
and Protection Area.
SEC. 5304. THOMPSON DIVIDE LEASE CREDITS.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder,
the Secretary may issue to the leaseholder credits for any
bid, royalty, or rental payment due under any Federal oil or
gas lease on Federal land in the State, in accordance with
subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide
lease relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for the applicable
Thompson Divide leases;
(ii) the amount of any rental paid for the applicable
Thompson Divide leases as of the date on which the
leaseholder submits to the Secretary a notice of the decision
to relinquish the applicable Thompson Divide leases; and
(iii) the amount of any reasonable expenses incurred by the
leaseholder of the applicable Thompson Divide leases in the
preparation of any drilling permit, sundry notice, or other
related submission in support of the development of the
applicable Thompson Divide leases as of January 28, 2019,
including any expenses relating to the preparation of any
analysis under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for--
(A) legal fees or related expenses for legal work with
respect to a Thompson Divide lease; or
(B) any expenses incurred before the issuance of a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this
section, and without any additional action by the Secretary,
a Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted
in accordance with--
(A) this title; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as
cash for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30 U.S.C. 191);
and
(B) section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease under this
section, any leaseholder with a Wolf Creek Storage Field
development right shall permanently relinquish, transfer, and
otherwise convey to the Secretary, in a form acceptable to
the Secretary, all Wolf Creek Storage Field development
rights of the leaseholder.
(2) Credits.--
(A) In general.--In consideration for the transfer of
development rights under paragraph (1), the Secretary may
issue to a leaseholder described in that paragraph credits
for any reasonable expenses incurred by the leaseholder in
acquiring the Wolf Creek Storage Field development right or
in the preparation of any drilling permit, sundry notice, or
other related submission in support of the development right
as of January 28, 2019, including any reasonable expenses
relating to the preparation of any analysis under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) Approval.--Any credits for a transfer of the
development rights under paragraph (1), shall be subject to--
(i) the exclusion described in subsection (b)(2);
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(ii) the conditions described in subsection (d); and
(iii) the approval of the Secretary.
(3) Limitation of transfer.--Development rights acquired by
the Secretary under paragraph (1)--
(A) shall be held for as long as the parent leases in the
Wolf Creek Storage Field remain in effect; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral extraction.
SEC. 5305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE
USE PILOT PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to improve air quality; and
(D) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a plan--
(i) to complete an inventory of fugitive methane emissions
in accordance with subsection (b);
(ii) to provide for the leasing of fugitive methane
emissions in accordance with subsection (c); and
(iii) to provide for the capping or destruction of fugitive
methane emissions in accordance with subsection (d).
(B) Coordination.--In developing the plan under this
paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin Counties in the
State;
(iii) lessees of Federal coal within the counties referred
to in clause (ii);
(iv) interested institutions of higher education in the
State; and
(v) interested members of the public.
(b) Fugitive Methane Emissions Inventory.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--
(A) Collaboration.--The Secretary may conduct the inventory
under paragraph (1) through, or in collaboration with--
(i) the Bureau of Land Management;
(ii) the United States Geological Survey;
(iii) the Environmental Protection Agency;
(iv) the United States Forest Service;
(v) State departments or agencies;
(vi) Garfield, Gunnison, Delta, or Pitkin County in the
State;
(vii) the Garfield County Federal Mineral Lease District;
(viii) institutions of higher education in the State;
(ix) lessees of Federal coal within a county referred to in
subparagraph (F);
(x) the National Oceanic and Atmospheric Administration;
(xi) the National Center for Atmospheric Research; or
(xii) other interested entities, including members of the
public.
(B) Federal split estate.--
(i) In general.--In conducting the inventory under
paragraph (1) for Federal minerals on split estate land, the
Secretary shall rely on available data.
(ii) Limitation.--Nothing in this section requires or
authorizes the Secretary to enter or access private land to
conduct the inventory under paragraph (1).
(3) Contents.--The inventory conducted under paragraph (1)
shall include--
(A) the general location and geographic coordinates of
vents, seeps, or other sources producing significant fugitive
methane emissions;
(B) an estimate of the volume and concentration of fugitive
methane emissions from each source of significant fugitive
methane emissions, including details of measurements taken
and the basis for that emissions estimate;
(C) relevant data and other information available from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health Administration;
(iii) the Colorado Department of Natural Resources;
(iv) the Colorado Public Utility Commission;
(v) the Colorado Department of Health and Environment; and
(vi) the Office of Surface Mining Reclamation and
Enforcement; and
(D) such other information as may be useful in advancing
the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall, as
appropriate, provide opportunities for public participation
in the conduct of the inventory under paragraph (1).
(B) Availability.--The Secretary shall make the inventory
conducted under paragraph (1) publicly available.
(C) Disclosure.--Nothing in this subsection requires the
Secretary to publicly release information that--
(i) poses a threat to public safety;
(ii) is confidential business information; or
(iii) is otherwise protected from public disclosure.
(5) Impact on coal mines subject to lease.--
(A) In general.--For the purposes of conducting the
inventory under paragraph (1), for land subject to a Federal
coal lease, the Secretary shall use readily available methane
emissions data.
(B) Effect.--Nothing in this section requires the holder of
a Federal coal lease to report additional data or information
to the Secretary.
(6) Use.--The Secretary shall use the inventory conducted
under paragraph (1) in carrying out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emissions Leasing Program and
Sequestration.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the holder
of a valid existing Federal coal lease for a mine that is
producing fugitive methane emissions to capture for use or
destroy the fugitive methane emissions.
(B) Conditions.--The authority under subparagraph (A) shall
be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the Secretary may
require.
(C) Limitations.--The program carried out under paragraph
(1) shall only include fugitive methane emissions that can be
captured for use or destroyed in a manner that does not--
(i) endanger the safety of any coal mine worker; or
(ii) unreasonably interfere with any ongoing operation at a
coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work cooperatively
with the holders of valid existing Federal coal leases for
mines that produce fugitive methane emissions to encourage--
(I) the capture of fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market, or
transforming the fugitive methane emissions into a different
marketable material; or
(II) if the beneficial use of the fugitive methane
emissions is not feasible, the destruction of the fugitive
methane emissions.
(ii) Guidance.--In support of cooperative efforts with
holders of valid existing Federal coal leases to capture for
use or destroy fugitive methane emissions, not later than 1
year after the date of enactment of this Act, the Secretary
shall issue guidance to the public for the implementation of
authorities and programs to encourage the capture for use and
destruction of fugitive methane emissions, while minimizing
impacts on natural resources or other public interest values.
(E) Royalties.--The Secretary shall determine whether any
fugitive methane emissions used or destroyed pursuant to this
paragraph are subject to the payment of a royalty under
applicable law.
(3) Fugitive methane emissions from land not subject to a
federal coal lease.--
(A) In general.--Except as otherwise provided in this
section, notwithstanding section 5303 and subject to valid
existing rights and any other applicable law, the Secretary
shall, for land not subject to a Federal coal lease--
(i) authorize the capture for use or destruction of
fugitive methane emissions; and
(ii) make available for leasing such fugitive methane
emissions as the Secretary determines to be in the public
interest.
(B) Source.--To the extent practicable, the Secretary shall
offer for lease, individually or in combination, each
significant source of fugitive methane emissions on land not
subject to a Federal coal lease.
(C) Bid qualifications.--A bid to lease fugitive methane
emissions under this paragraph shall specify whether the
prospective lessee intends--
(i) to capture the fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market, or
transforming the fugitive methane emissions into a different
marketable material;
(ii) to destroy the fugitive methane emissions; or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane emissions for beneficial
use; and
(II) destroying the fugitive methane emissions.
(D) Priority.--
(i) In general.--If there is more than 1 qualified bid for
a lease under this paragraph, the Secretary shall select the
bid that the Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the public interest
under clause (i), the Secretary shall take into
consideration--
(I) the overall decrease in the fugitive methane emissions;
[[Page S4893]]
(II) the impacts to other natural resource values,
including wildlife, water, and air; and
(III) other public interest values, including scenic,
economic, recreation, and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall develop and provide to
prospective bidders a lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form developed under clause
(i) shall include terms and conditions requiring the leased
fugitive methane emissions to be put to beneficial use or
destroyed by not later than 3 years after the date of
issuance of the lease.
(F) Royalty rate.--The Secretary shall develop a minimum
bid, as the Secretary determines to be necessary, and royalty
rate for leases under this paragraph.
(d) Sequestration.--If, by not later than 4 years after the
date of completion of the inventory under subsection (b), any
significant fugitive methane emissions are not leased under
subsection (c)(3), the Secretary shall, subject to the
availability of appropriations and in accordance with
applicable law, take all reasonable measures--
(1) to provide incentives for new leases under subsection
(c)(3);
(2) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(3) to destroy the fugitive methane emissions, if
incentivizing leases under paragraph (1) or sequestration
under paragraph (2) is not feasible, with priority for
locations that destroy the greatest quantity of fugitive
methane emissions at the lowest cost.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this Act the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the
pilot program could be expanded to include--
(A) other significant sources of emissions of fugitive
methane located outside the boundaries of the area depicted
as ``Fugitive Coal Mine Methane Use Pilot Program Area'' on
the pilot program map; and
(B) the leasing of natural methane seeps under the
activities authorized pursuant to subsection (c)(3).
SEC. 5306. EFFECT.
Except as expressly provided in this title, nothing in this
title--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in
the State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 5401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485D, and dated April 25, 2022.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation
Area established by section 5402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of
the date on which the Secretary approves a request under
subsection (c)(2)(B)(i)(I) and the date that is 1 year after
the date of enactment of this Act, there shall be established
as a unit of the National Park System the Curecanti National
Recreation Area, in accordance with this division, consisting
of approximately 50,300 acres of land in the State, as
generally depicted on the map as ``Curecanti National
Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations) generally applicable
to units of the National Park System, including section
100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this title affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley Reclamation Project
under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit of the Colorado
River Storage Project under the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.); or
(iii) under the Federal Water Project Recreation Act (16
U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain administrative
jurisdiction.--If, before the date that is 1 year after the
date of enactment of this Act, the Commissioner of
Reclamation submits to the Secretary a request for the
Commissioner of Reclamation to retain administrative
jurisdiction over the minimum quantity of land within the
land identified on the map as ``Lands withdrawn or acquired
for Bureau of Reclamation projects'' that the Commissioner of
Reclamation identifies as necessary for the effective
operation of Bureau of Reclamation water facilities, the
Secretary may--
(I) approve, approve with modifications, or disapprove the
request; and
(II) if the request is approved under subclause (I), make
any modifications to the map that are necessary to reflect
that the Commissioner of Reclamation retains management
authority over the minimum quantity of land required to
fulfill the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative jurisdiction over the land
identified on the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'', as modified pursuant to
clause (i)(II), if applicable, shall be transferred from the
Commissioner of Reclamation to the Director of the National
Park Service by not later than the date that is 1 year after
the date of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject to item (bb), the Commissioner of
Reclamation shall retain access to the land transferred to
the Director of the National Park Service under subclause (I)
for reclamation purposes, including for the operation,
maintenance, and expansion or replacement of facilities.
(bb) Memorandum of understanding.--The terms of the access
authorized under item (aa) shall be determined by a
memorandum of understanding entered into between the
Commissioner of Reclamation and the Director of the National
Park Service not later than 1 year after the date of
enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into management
agreements, or modify management agreements in existence on
the date of enactment of this Act, relating to the authority
of the Director of the National Park Service, the
Commissioner of Reclamation, the Director of the Bureau of
Land Management, or the Chief of the Forest Service to manage
Federal land within or adjacent to the boundary of the
National Recreation Area.
(B) State land.--The Secretary may enter into cooperative
management agreements for any land administered by the State
that is within or adjacent to the National Recreation Area,
in accordance with the cooperative management authority under
section 101703 of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in subparagraph (B),
the Secretary shall allow boating, boating-related
activities, hunting, and fishing in the National Recreation
Area in accordance with applicable Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting through the
Superintendent of the National Recreation Area, may designate
zones in which, and establish periods during which, no
boating, hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A) for reasons
of public safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in the case of an
emergency, any closure proposed by the Secretary under clause
(i) shall not take effect until after the date on which the
Superintendent of the National Recreation Area consults
with--
(I) the appropriate State agency responsible for hunting
and fishing activities; and
(II) the Board of County Commissioners in each county in
which the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located within the area
generally depicted as ``Conservation Opportunity Area'' on
the map entitled ``Preferred Alternative'' in the document
entitled ``Report to Congress: Curecanti Special Resource
Study'' and dated June 2009, the Secretary may work in
partnership with the individual to enhance the long-term
conservation of natural, cultural, recreational, and scenic
resources in and around the National Recreation Area--
(A) by acquiring all or a portion of the private land or
interests in private land within the Conservation Opportunity
Area by purchase, exchange, or donation, in accordance with
section 5403;
(B) by providing technical assistance to the individual,
including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement opportunities.
[[Page S4894]]
(6) Incorporation of acquired land and interests.--Any land
or interest in land acquired by the United States under
paragraph (5) shall--
(A) become part of the National Recreation Area; and
(B) be managed in accordance with this title.
(7) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area, including
land acquired pursuant to this section, is withdrawn from--
(A) entry, appropriation, and disposal under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(8) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired under this title is
subject to a State grazing lease in effect on the date of
acquisition, the Secretary shall allow the grazing to
continue for the remainder of the term of the lease, subject
to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels,
access rights, and ownership and use of range improvements.
(ii) Access.--A lessee of State land may continue to use
established routes within the National Recreation Area to
access State land for purposes of administering the lease if
the use was permitted before the date of enactment of this
Act, subject to such terms and conditions as the Secretary
may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on land
acquired from the State or private landowners under section
5403, if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired under section
5403 for the National Recreation Area on which authorized
grazing is occurring before the date of enactment of this
Act, the Secretary, in consultation with the lessee, may
allow the continuation and renewal of grazing on the land
based on the terms of acquisition or by agreement between the
Secretary and the lessee, subject to applicable law
(including regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing leases, uses, and
practices in effect as of the date of enactment of this Act,
the continuation and renewal of grazing on Federal land
located within the boundary of the National Recreation Area
on which grazing is allowed before the date of enactment of
this Act, unless the Secretary determines that grazing on the
Federal land would present unacceptable impacts (as defined
in section 1.4.7.1 of the National Park Service document
entitled ``Management Policies 2006: The Guide to Managing
the National Park System'') to the natural, cultural,
recreational, and scenic resource values and the character of
the land within the National Recreation Area; and
(ii) retain all authorities to manage grazing in the
National Recreation Area.
(E) Termination of leases.--Within the National Recreation
Area, the Secretary may--
(i) accept the voluntary termination of a lease or permit
for grazing; or
(ii) in the case of a lease or permit vacated for a period
of 3 or more years, terminate the lease or permit.
(9) Water rights.--Nothing in this title--
(A) affects any use or allocation in existence on the date
of enactment of this Act of any water, water right, or
interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
Act, including any water right held by the United States;
(C) affects any interstate water compact in existence on
the date of enactment of this Act;
(D) shall be considered to be a relinquishment or reduction
of any water right reserved or appropriated by the United
States in the State on or before the date of enactment of
this Act; or
(E) constitutes an express or implied Federal reservation
of any water or water rights with respect to the National
Recreation Area.
(10) Fishing easements.--
(A) In general.--Nothing in this title diminishes or alters
the fish and wildlife program for the Aspinall Unit developed
under section 8 of the Act of April 11, 1956 (commonly known
as the ``Colorado River Storage Project Act'') (70 Stat. 110,
chapter 203; 43 U.S.C. 620g), by the United States Fish and
Wildlife Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in interest to
that division) that provides for the acquisition of public
access fishing easements as mitigation for the Aspinall Unit
(referred to in this paragraph as the ``program'').
(B) Acquisition of fishing easements.--The Secretary shall
continue to fulfill the obligation of the Secretary under the
program to acquire 26 miles of class 1 public fishing
easements to provide to sportsmen access for fishing within
the Upper Gunnison Basin upstream of the Aspinall Unit,
subject to the condition that no existing fishing access
downstream of the Aspinall Unit shall be counted toward the
minimum mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
fulfilling the obligation of the Secretary described in
subparagraph (B) by the date that is 10 years after the date
of enactment of this Act.
(D) Reports.--Not later than each of 2 years, 5 years, and
8 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report that describes
the progress made in fulfilling the obligation of the
Secretary described in subparagraph (B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this title affects the
treaty rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members
of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
SEC. 5403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National
Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with donated or
appropriated funds;
(iii) transfer from another Federal agency; or
(iv) exchange.
(B) State land.--Land or interests in land owned by the
State or a political subdivision of the State may only be
acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over the
approximately 2,500 acres of land identified on the map as
``U.S. Forest Service proposed transfer to the National Park
Service'' is transferred to the Secretary, to be administered
by the Director of the National Park Service as part of the
National Recreation Area.
(B) Boundary adjustment.--The boundary of the Gunnison
National Forest shall be adjusted to exclude the land
transferred to the Secretary under subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 6,100 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the
Bureau of Land Management, subject to the revocation of
Bureau of Reclamation withdrawal'' shall be transferred to
the Director of the Bureau of Land Management on
relinquishment of the land by the Bureau of Reclamation and
revocation by the Bureau of Land Management of any withdrawal
as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange
lands'' shall be relinquished by the Commissioner of
Reclamation and revoked by the Director of the Bureau of Land
Management and the land shall be transferred to the National
Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private land
described in section 5402(c)(5)--
(i) subject to a conservation easement remaining on the
transferred land, to protect the scenic resources of the
transferred land; and
(ii) in accordance with the laws (including regulations)
and policies governing National Park Service land exchanges;
and
(B) if not exchanged under subparagraph (A), shall be added
to, and managed as a part of, the National Recreation Area.
(d) Addition to National Recreation Area.--Any land within
the boundary of the National Recreation Area that is acquired
by the United States shall be added to, and managed as a part
of, the National Recreation Area.
SEC. 5404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are
made available to carry out this title, the Director of the
National Park Service, in consultation with the Commissioner
of Reclamation, shall prepare a general management plan for
the National Recreation Area in accordance with section
100502 of title 54, United States Code.
SEC. 5405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National
Park Service) shall prepare a boundary survey and legal
description of the National Recreation Area.
______
SA 2546. Mr. BENNET (for himself and Mr. Hickenlooper) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department
[[Page S4895]]
of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
DIVISION E--DOLORES RIVER NATIONAL CONSERVATION AREA AND SPECIAL
MANAGEMENT AREA
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Dolores River National
Conservation Area and Special Management Area Act''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Conservation area.--The term ``Conservation Area''
means the Dolores River National Conservation Area
established by section 5101(a).
(2) Council.--The term ``Council'' means the Dolores River
National Conservation Area Advisory Council established under
section 5103(a).
(3) Covered land.--The term ``covered land'' means--
(A) the Conservation Area; and
(B) the Special Management Area.
(4) Dolores project.--The term ``Dolores Project'' has the
meaning given the term in section 3 of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2974).
(5) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Proposed Dolores River
National Conservation Area and Special Management Area'' and
dated December 14, 2022.
(6) Secretary.--The term ``Secretary'' means--
(A) in title I, the Secretary of the Interior;
(B) in title II, the Secretary of Agriculture; and
(C) in title IV--
(i) the Secretary of the Interior, with respect to land
under the jurisdiction of the Secretary of the Interior; and
(ii) the Secretary of Agriculture, with respect to land
under the jurisdiction of the Secretary of Agriculture.
(7) Special management area.--The term ``Special Management
Area'' means the Dolores River Special Management Area
established by section 5201(a).
(8) State.--The term ``State'' means the State of Colorado.
(9) Unreasonably diminish.--The term ``unreasonably
diminish'' has the same meaning as used in section 7(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).
(10) Water resource project.--The term ``water resource
project'' means any dam, irrigation and pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, and transmission and
other ancillary facility, and other water diversion, storage,
and carriage structure.
TITLE I--DOLORES RIVER NATIONAL CONSERVATION AREA
SEC. 5101. ESTABLISHMENT OF DOLORES RIVER NATIONAL
CONSERVATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Dolores River National Conservation Area in
the State.
(2) Land included.--The Conservation Area shall consist of
approximately 52,872 acres of Bureau of Land Management land
in the State, as generally depicted as ``Proposed Lower
Dolores River National Conservation Area'' on the Map.
(b) Purpose.--The purpose of the Conservation Area is to
conserve, protect, and enhance the native fish, whitewater
boating, recreational, hunting, fishing, scenic, cultural,
archaeological, natural, geological, historical, ecological,
watershed, wildlife, educational, and scientific resources of
the Conservation Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Conservation Area.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 5102. MANAGEMENT OF CONSERVATION AREA.
(a) In General.--The Secretary shall manage the
Conservation Area in accordance with--
(1) this division;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) other applicable laws.
(b) Uses.--Subject to the provisions of this division, the
Secretary shall allow only such uses of the Conservation Area
as are consistent with the purpose described in section
5101(b).
(c) Management Plan.--
(1) Plan required.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
management plan for the long-term protection, management, and
monitoring of the Conservation Area.
(B) Review and revision.--The management plan under
subparagraph (A) shall, from time to time, be subject to
review and revision, in accordance with--
(i) this division;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) Consultation and coordination.--The Secretary shall
prepare and revise the management plan under paragraph (1)--
(A) in consultation with--
(i) the State;
(ii) units of local government;
(iii) the public;
(iv) the Council; and
(v) the Native Fish Monitoring and Recommendation Team, as
described in section 5402(b)(1); and
(B) in coordination with the Secretary of Agriculture, with
respect to the development of the separate management plan
for the Special Management Area, as described in section
5202(c).
(3) Recommendations.--In preparing and revising the
management plan under paragraph (1), the Secretary shall take
into consideration any recommendations from the Council.
(4) Treaty rights.--In preparing and revising the
management plan under paragraph (1), taking into
consideration the rights and obligations described in section
5402, the Secretary shall ensure that the management plan
does not alter or diminish--
(A) the treaty rights of any Indian Tribe;
(B) any rights described in the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat.
2973); or
(C) the operation or purposes of the Dolores Project.
(d) Incorporation of Acquired Land and Interests.--Any land
or interest in land located within the boundary of the
Conservation Area that is acquired by the United States in
accordance with section 5401(c) after the date of enactment
of this Act shall--
(1) become part of the Conservation Area; and
(2) be managed as provided in this section.
(e) Department of Energy Leases.--
(1) In general.--Nothing in this title affects valid leases
or lease tracts existing on the date of enactment of this Act
issued under the uranium leasing program of the Department of
Energy .
(2) Management.--
(A) In general.--Subject to subparagraph (B), land
designated for the program described in paragraph (1) shall
be--
(i) exempt from section 5401(b); and
(ii) managed in a manner that allow the leases to fulfill
the purposes of the program, consistent with the other
provisions of this title and title IV.
(B) Designation.--Land subject to a lease described in
paragraph (1) shall be considered part of the Conservation
Area and managed in accordance with other provisions of this
title on a finding by the Secretary that--
(i)(I) the lease has expired; and
(II) the applicable lease tract has been removed from the
leasing program by the Secretary of Energy; and
(ii) the land that was subject to the lease is suitable for
inclusion in the Conservation Area.
(C) Effect.--Nothing in subparagraph (B) prevents the
Secretary of Energy from extending any lease described in
paragraph (1).
SEC. 5103. DOLORES RIVER NATIONAL CONSERVATION AREA ADVISORY
COUNCIL.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``Dolores River National
Conservation Area Advisory Council''.
(b) Duties.--The Council shall advise--
(1) the Secretary with respect to the preparation,
implementation, and monitoring of the management plan
prepared under section 5102(c); and
(2) the Secretary of Agriculture with respect to the
preparation, implementation, and monitoring of the management
plan prepared under section 5202(c).
(c) Applicable Law.--The Council shall be subject to--
(1) chapter 10 of title 5, United States Code (commonly
referred to as the ``Federal Advisory Committee Act'');
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) this division.
(d) Membership.--
(1) In general.--The Council shall include 14 members to be
appointed by the Secretary, of whom, to the extent
practicable--
(A) 2 members shall represent agricultural water user
interests in the Conservation Area or the Dolores River
watershed, of whom 1 shall represent the Dolores Water
Conservancy District;
(B) 2 members shall represent conservation interests in the
Conservation Area;
(C) 2 members shall represent recreation interests in the
Conservation Area, 1 of whom shall represent whitewater
boating interests;
(D) 1 member shall be a representative of Dolores County,
Colorado;
(E) 1 member shall be a representative of San Miguel
County, Colorado;
(F) 1 member shall be a representative of Montezuma County,
Colorado;
(G) 1 member shall be a private landowner that owns land in
immediate proximity to the Conservation Area;
(H) 1 member shall be a representative of Colorado Parks
and Wildlife;
[[Page S4896]]
(I) 1 member shall be a holder of a grazing-allotment
permit in the Conservation Area; and
(J) 2 members shall be representatives of Indian Tribes, 1
of whom shall be a representative of the Ute Mountain Ute
Tribe.
(2) Representation.--
(A) In general.--The Secretary shall ensure that the
membership of the Council is fairly balanced in terms of the
points of view represented and the functions to be performed
by the Council.
(B) Requirements.--
(i) In general.--The members of the Council described in
subparagraphs (B) and (C) of paragraph (1) shall be residents
that live within reasonable proximity to the Conservation
Area.
(ii) County representatives.--The members of the Council
described in subparagraphs (D) and (E) of paragraph (1) shall
be--
(I) residents of the respective counties referred to in
those subparagraphs; and
(II) capable of representing the interests of the
applicable board of county commissioners.
(e) Terms of Office.--
(1) In general.--The term of office of a member of the
Council shall be 5 years.
(2) Reappointment.--A member may be reappointed to the
Council on completion of the term of office of the member.
(f) Compensation.--A member of the Council--
(1) shall serve without compensation for service on the
Council; but
(2) may be reimbursed for qualified expenses of the member.
(g) Chairperson.--The Council shall elect a chairperson
from among the members of the Council.
(h) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson--
(A) not less frequently than quarterly until the management
plan under section 5102(c) is developed; and
(B) thereafter, at the call of the Secretary.
(2) Public meetings.--Each meeting of the Council shall be
open to the public.
(3) Notice.--A notice of each meeting of the Council shall
be published in advance of the meeting.
(i) Technical Assistance.--The Secretary shall provide, to
the maximum extent practicable in accordance with applicable
law, any information and technical services requested by the
Council to assist in carrying out the duties of the Council.
(j) Renewal.--The Secretary shall ensure that the Council
charter is renewed as required under applicable law.
(k) Duration.--The Council--
(1) shall continue to function for the duration of
existence of the Conservation Area; but
(2) on completion of the management plan, shall only meet--
(A) at the call of the Secretary; or
(B) in the case of a review or proposed revision to the
management plan.
TITLE II--DOLORES RIVER SPECIAL MANAGEMENT AREA
SEC. 5201. DESIGNATION OF DOLORES RIVER SPECIAL MANAGEMENT
AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Dolores River Special Management Area in the
State.
(2) Land included.--The Special Management Area shall
consist of approximately 15,452 acres of Federal land in the
San Juan National Forest in the State, including National
Forest System land in the Dolores River segment that extends
from the Dolores Project boundary downstream to the boundary
of the San Juan National Forest, as of the date of enactment
of this Act, as generally depicted as ``Proposed Dolores
River Special Management Area'' on the Map.
(b) Purpose.--The purpose of the Special Management Area is
to conserve, protect, and enhance the native fish, whitewater
boating, recreational, hunting, fishing, scenic, cultural,
archaeological, natural, geological, historical, ecological,
watershed, wildlife, educational, and scientific resources of
the Special Management Area.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Special Management Area with the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--The map and legal description prepared under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map or legal description.
(3) Public availability.--A copy of the map and legal
description shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
SEC. 5202. MANAGEMENT OF SPECIAL MANAGEMENT AREA.
(a) In General.--The Secretary shall manage the Special
Management Area in accordance with--
(1) this division;
(2) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.); and
(3) other applicable laws.
(b) Uses.--The Secretary shall allow only such uses of the
Special Management Area as the Secretary determines would
further the purpose of the Special Management Area, as
described in section 5201(b).
(c) Management Plan.--
(1) Plan required.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
management plan for the long-term protection, management, and
monitoring of the Special Management Area.
(B) Review and revision.--The management plan under
subparagraph (A) shall, from time to time, be subject to
review and revision in accordance with--
(i) this division;
(ii) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.); and
(iii) other applicable laws.
(2) Consultation and coordination.--The Secretary shall
prepare and revise the management plan under paragraph (1)--
(A) in consultation with--
(i) the State;
(ii) units of local government;
(iii) the public;
(iv) the Council; and
(v) the Native Fish Monitoring and Recommendation Team, as
described in section 5402(b)(1); and
(B) in coordination with the Secretary of the Interior,
with respect to the development of the separate management
plan for the Conservation Area, as described in section
5102(c).
(3) Recommendations.--In preparing and revising the
management plan under paragraph (1), the Secretary shall take
into consideration any recommendations from the Council.
(4) Treaty rights.--In preparing and revising the
management plan under paragraph (1), taking into
consideration the rights and obligations described in section
5402, the Secretary shall ensure that the management plan
does not alter or diminish--
(A) the treaty rights of any Indian Tribe;
(B) any rights described in the Colorado Ute Indian Water
Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat.
2973); or
(C) the operation or purposes of the Dolores Project.
(d) Incorporation of Acquired Land and Interests.--Any land
or interest in land located within the boundary of the
Special Management Area that is acquired by the United States
in accordance with section 5401(c) after the date of
enactment of this Act shall--
(1) become part of the Special Management Area; and
(2) be managed as provided in this section.
TITLE III--TECHNICAL MODIFICATIONS TO POTENTIAL ADDITIONS TO NATIONAL
WILD AND SCENIC RIVERS SYSTEM
SEC. 5301. PURPOSE.
The purpose of this title is to release portions of the
Dolores River and certain tributaries from designation for
potential addition under the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.) or from further study under that Act.
SEC. 5302. RELEASE OF DESIGNATED SEGMENTS FROM DOLORES RIVER
CONGRESSIONAL STUDY AREA.
Section 5(a)(56) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(a)(56)) is amended by inserting ``and the
segments of the Dolores River located in the Dolores River
National Conservation Area designated by the Dolores River
National Conservation Area and Special Management Area Act''
before the period at the end.
SEC. 5303. APPLICABILITY OF CONTINUING CONSIDERATION
PROVISION.
Section 5(d)(1) of the Wild and Scenic Rivers Act (16
U.S.C. 1276(d)(1)) shall not apply to--
(1) the Conservation Area; or
(2) the Special Management Area.
TITLE IV--GENERAL PROVISIONS
SEC. 5401. MANAGEMENT OF COVERED LAND.
(a) Motorized Vehicles.--
(1) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond
to an emergency, the use of motorized vehicles in the covered
land shall be permitted only on designated routes.
(2) Road construction.--Except as necessary for
administrative purposes, protection of public health and
safety, or providing reasonable access to private property,
the Secretary shall not construct any permanent or temporary
road within the covered land after the date of enactment of
this Act.
(b) Withdrawals.--Subject to valid existing rights, all
covered land, including any land or interest in land that is
acquired by the United States within the covered land after
the date of enactment of this Act, is withdrawn from--
(1) entry, appropriation or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, except as provided in section
5102(e).
(c) Willing Sellers.--Any acquisition of land or interests
in land under this division shall be only by purchase from
willing sellers, donation, or exchange.
(d) Grazing.--The Secretary shall issue and administer any
grazing leases or permits and trailing permits and administer
allotments in the covered land in accordance with the laws
(including regulations) applicable to the issuance and
administration of leases and permits on other land under the
jurisdiction of the Bureau of Land Management or Forest
Service, as applicable.
[[Page S4897]]
(e) Access to Private Land.--To ensure reasonable use and
enjoyment of private property (whether in existence on the
date of enactment of this Act or in an improved state), the
Secretary shall grant reasonable and feasible access through
the covered land to any private property that is located
within or adjacent to the covered land, if other routes to
the private property are blocked by physical barriers, such
as the Dolores River or the cliffs of the Dolores River.
(f) Easements.--The Secretary may lease or acquire
easements on private land from willing lessors, donors, or
sellers for recreation, access, conservation, or other
permitted uses, to the extent necessary to fulfill the
purposes of the Conservation Area or Special Management Area,
as applicable.
(g) Wildfire, Insect, and Disease Management.--The
Secretary may take any measures that the Secretary determines
to be necessary to control fire, insects, and diseases in the
covered land, (including, as the Secretary determines to be
appropriate, the coordination of the measures with the State
or a local agency).
(h) Management of Ponderosa Gorge.--
(1) In general.--The Secretary shall manage the areas of
the Conservation Area and Special Management Area identified
on the Map as ``Ponderosa Gorge'' in a manner that maintains
the wilderness character of those areas as of the date of
enactment of this Act.
(2) Prohibited activities.--Subject to paragraphs (3) and
(4), in the areas described in paragraph (1), the following
activities shall be prohibited:
(A) New permanent or temporary road construction or the
renovation of nonsystem roads in existence on the date of
enactment of this Act.
(B) The use of motor vehicles, motorized equipment, or
mechanical transport, except as necessary to meet the minimum
requirements for the administration of the Federal land, to
protect public health and safety, or to conduct ecological
restoration activities to improve the aquatic habitat of the
Dolores River channel.
(C) Projects undertaken for the purpose of harvesting
commercial timber.
(3) Utility corridor.--Nothing in this subsection affects
the operation, maintenance, or location of the utility right-
of-way within the corridor, as depicted on the Map.
(4) Effect on certain vegetation management projects.--
Nothing in this subsection--
(A) affects the implementation of the Lone Pine Vegetation
Management Project authorized by the Forest Service in a
decision notice dated January 23, 2020; or
(B) prohibits activities relating to the harvest of
merchantable products that are byproducts of activities
conducted--
(i) for ecological restoration; or
(ii) to further the purposes of this division.
(i) Effect.--Nothing in this division prohibits the
Secretary from issuing a new permit and right-of-way within
the covered land for a width of not more than 150 feet for a
right-of-way that serves a transmission line in existence on
the date of enactment of this Act, on the condition that the
Secretary shall relocate the right-of-way in a manner that
furthers the purposes of this division.
(j) Climatological Data Collection.--Subject to such terms
and conditions as the Secretary may require, nothing in this
division precludes the installation and maintenance of
hydrologic, meteorological, or climatological collection
devices in the covered land if the facilities and access to
the facilities are essential to public safety, flood warning,
flood control, water reservoir operation activities, or the
collection of hydrologic data for water resource management
purposes.
SEC. 5402. PROTECTION OF WATER RIGHTS AND OTHER INTERESTS.
(a) Dolores Project.--
(1) Operation.--The Dolores Project and the operation of
McPhee Reservoir shall continue to be the responsibility of,
and be operated by, the Secretary, in cooperation with the
Dolores Water Conservancy District, in accordance with
applicable laws and obligations.
(2) Effect.--Nothing in this division affects the Dolores
Project or the current or future operation of McPhee
Reservoir in accordance with--
(A) the reclamation laws;
(B) any applicable--
(i) Dolores Project water contract, storage contract, or
carriage contract; or
(ii) allocation of Dolores Project water;
(C) the environmental assessment and finding of no
significant impact prepared by the Bureau of Reclamation
Upper Colorado Region and approved August 2, 1996;
(D) the operating agreement entitled ``Operating Agreement,
McPhee Dam and Reservoir, Contract No. 99-WC-40-R6100,
Dolores Project, Colorado'' and dated April 25, 2000 (or any
subsequent renewal or revision of that agreement);
(E) mitigation measures for whitewater boating, including
any such measure described in--
(i) the document entitled ``Dolores Project Colorado
Definite Plan Report'' and dated April 1977;
(ii) the Dolores Project final environmental statement
dated May 9, 1977; or
(iii) a document referred to in subparagraph (C) or (D);
(F) applicable Federal or State laws relating to the
protection of the environment, including--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(G) the Colorado Ute Indian Water Rights Settlement Act of
1988 (Public Law 100-585; 102 Stat. 2973).
(b) Management of Flows.--
(1) In general.--In managing available flows below McPhee
Dam to conserve, protect, and enhance the resources described
in sections 5101(b) and 5201(b) of the Dolores River within
the covered land, including native fish and whitewater
boating resources, the Secretary shall seek to provide
regular and meaningful consultation and collaboration with
interested stakeholders, including the Native Fish Monitoring
and Recommendation Team, which includes water management
entities, affected counties, conservation interests,
whitewater boating interests, Colorado Parks and Wildlife,
and the Ute Mountain Ute Tribe, during the process of
decision making.
(2) Annual report.--Beginning on the date that is 1 year
after the date of enactment of this Act and annually
thereafter, the Commissioner of Reclamation shall prepare and
make publically available a report that describes any
progress with respect to the conservation, protection, and
enhancement of native fish in the Dolores River.
(c) Water Resource Projects.--
(1) In general.--Subject to valid existing rights and
paragraph (2), after the date of enactment of this Act, the
Secretary or any other officer, employee, or agent of the
United States may not assist by loan, grant, license, or
otherwise in the construction or modification of any water
resource project--
(A) located on the covered land that would--
(i) affect the free-flowing character of any stream within
the covered land; or
(ii) unreasonably diminish the resource values described in
sections 5101(b) and 5201(b) of the Dolores River within the
covered land; or
(B) located outside the covered land that would
unreasonably diminish the resource values described in
sections 5101(b) and 5201(b) of the Dolores River within the
covered land.
(2) Limitations.--Subject to the requirements of this
section, nothing in paragraph (1)--
(A) prevents, outside the covered land--
(i) the construction of small diversion dams or stock
ponds;
(ii) new minor water developments in accordance with
existing decreed water rights; or
(iii) minor modifications to structures; or
(B) affects access to, or operation, maintenance,
relicensing, repair, or replacement of, existing water
resource projects.
(d) Effect.--Nothing in this division--
(1) affects--
(A) any water right that is--
(i) decreed under the laws of the State; and
(ii) in existence on the date of enactment of this Act;
(B) the use, allocation, ownership, or control, in
existence on the date of enactment of this Act, of any water
or water right;
(C) any vested absolute or decreed conditional water right
in existence on the date of enactment of this Act, including
any water right held by the United States;
(D) any interstate water compact in existence on the date
of enactment of this Act; or
(E) State jurisdiction over any water law, water right, or
adjudication or administration relating to any water
resource;
(2) imposes--
(A) any mandatory streamflow requirement within the covered
land; or
(B) any Federal water quality standard within, or upstream
of, the covered land that is more restrictive than would be
applicable if the covered land had not been designated as the
Conservation Area or Special Management Area under this
division; or
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right
within the covered land.
SEC. 5403. EFFECT ON PRIVATE PROPERTY AND REGULATORY
AUTHORITY.
(a) Effect.--Nothing in this division--
(1) affects valid existing rights;
(2) requires any owner of private property to bear any
costs associated with the implementation of the management
plan under this division;
(3) affects the jurisdiction or responsibility of the State
with respect to fish and wildlife in the State;
(4) requires a change in or affects local zoning laws of
the State or a political subdivision of the State; or
(5) affects--
(A) the jurisdiction over, use, or maintenance of county
roads in the covered land; or
(B) the administration of the portion of the road that is
not a county road and that is commonly known as the ``Dolores
River Road'' within the Conservation Area, subject to the
condition that the Secretary shall not improve the road
beyond the existing primitive condition of the road.
(b) Adjacent Management.--
(1) No buffer zones.--The designation of the Conservation
Area and the Special Management Area by this division shall
not create any protective perimeter or buffer zone around the
Conservation Area or Special Management Area, as applicable.
(2) Private land.--Nothing in this division requires the
prohibition of any activity on private land outside the
boundaries of the
[[Page S4898]]
Conservation Area or the Special Management Area that can be
seen or heard from within such a boundary.
SEC. 5404. TRIBAL RIGHTS AND TRADITIONAL USES.
(a) Treaty Rights.--Nothing in this division affects the
treaty rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(b) Traditional Tribal Uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
______
SA 2547. Mr. BENNET (for himself, Mr. Hickenlooper, and Mrs.
Gillibrand) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, insert the following:
SEC. 1006. CONTINUING APPROPRIATIONS TO SUPPORT FACULTY AND
CAMPUS OPERATIONS AT THE SERVICE ACADEMIES IN
THE EVENT OF A GOVERNMENT SHUTDOWN.
(a) In General.--For any period in which there is a lapse
in appropriations for the Department of Defense, there are
appropriated, out of any money in the Treasury not otherwise
appropriated, such sums as are necessary to provide--
(1) pay to faculty members at the Service Academies; and
(2) funding for mixed-funded athletic and recreational
extracurricular programs of the Service Academies, to the
extent such funding is not available from non-appropriated
funds sources.
(b) Termination.--Appropriations and funds made available
and authority granted for any fiscal year under subsection
(a) shall be available until whichever of the following first
occurs:
(1) The enactment into law of an appropriation (including a
continuing appropriation) for the purposes for which amounts
are made available under subsection (a).
(2) The enactment into law of a regular appropriation Act,
or a law making continuing appropriations until the end of
the fiscal year, without any appropriation for such purposes.
(c) Service Academy Defined.--In this section, the term
``Service Academy'' has the meaning given such term in
section 347 of title 10, United States Code.
______
SA 2548. Mr. KELLY (for himself, Mrs. Shaheen, Mr. Blumenthal, Ms.
Warren, Ms. Duckworth, and Ms. Hirono) submitted an amendment intended
to be proposed by him to the bill S. 4638, to authorize appropriations
for fiscal year 2025 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
Strike sections 708 and 709.
______
SA 2549. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. AGE-OUT PROTECTIONS AND PRIORITY DATE RETENTION
FOR VISA RESTRICTIONS.
(a) Age-out Protections.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in section 101(b) (8 U.S.C. 1101(b)), by adding at the
end the following:
``(6) Determination of Child Status.--A determination as to
whether an alien is a child shall be made as follows:
``(A) In general.--For purposes of a petition under section
204 and any subsequent application for an immigrant visa or
adjustment of status, such determination shall be made using
the age of the alien on the earlier of--
``(i) the date on which the petition is filed with the
Secretary of Homeland Security; or
``(ii) the date on which an application for a labor
certification under section 212(a)(5)(A)(i) is filed with the
Secretary of Labor.
``(B) Certain dependents of nonimmigrants.--With respect to
an alien who, for an aggregate period of 8 years before
attaining the age of 21, was in the status of a dependent
child of a nonimmigrant pursuant to a lawful admission as an
alien eligible to be employed in the United States (other
than a nonimmigrant described in subparagraph (A), (G), (N),
or (S) of section 101(a)(15)), notwithstanding clause (i),
the determination of the alien's age shall be based on the
date on which such initial nonimmigrant employment-based
petition or application was filed by the alien's nonimmigrant
parent.
``(C) Failure to acquire status as alien lawfully admitted
for permanent residence.--With respect to an alien who has
not sought to acquire status as an alien lawfully admitted
for permanent residence during the 2 years beginning on the
date on which an immigrant visa becomes available to such
alien, the alien's age shall be determined based on the
alien's biological age, unless the failure to seek to acquire
such status was due to extraordinary circumstances.''; and
(B) in section 201(f) (8 U.S.C. 1151)--
(i) by striking the subsection heading and all that follows
through ``Termination Date.--'' in paragraph (3) and
inserting ``Rule for Determining Whether Certain Aliens Are
Immediate Relatives.--''; and
(ii) by striking paragraph (4).
(2) Effective date.--
(A) In general.--The amendments made by this subsection
shall be effective as if included in the Child Status
Protection Act (Public Law 107-208; 116 Stat. 927).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen or reconsider the
denial of a petition or application described in the
amendment made by paragraph (1)(A) may be granted if--
(I) such petition or application would have been approved
if the amendment described in such paragraph had been in
effect at the time of adjudication of the petition or
application;
(II) the individual seeking relief pursuant to such motion
was in the United States at the time the underlying petition
or application was filed; and
(III) such motion is filed with the Secretary of Homeland
Security or the Attorney General not later than the date that
is 2 years after the date of the enactment of this Act.
(ii) In lieu of motion to reopen.--If an alien who
qualifies under section 101(b)(6)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(6)(B)) has a parent who has
been lawfully admitted for permanent residence or is a
citizen of the United States, the alien shall not be required
to file a motion to reopen and shall be immediately eligible
to apply for adjustment of status or have a pending
adjustment of status considered based upon any immigrant visa
petition in which the alien is a beneficiary or derivative
beneficiary if such adjustment of status is filed not later
than the date that is 2 years after the date of the enactment
of this Act.
(iii) Exemption from numerical limitations.--
Notwithstanding any other provision of law, an individual
granted relief under clause (i) or (ii) shall be exempt from
the numerical limitations in sections 201, 202, and 203 of
the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153).
(b) Nonimmigrant Dependent Children.--Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s) Derivative Beneficiaries.--
``(1) In general.--Except as described in paragraph (2),
the determination as to whether an alien who is the
derivative beneficiary of a properly filed pending or
approved immigrant petition under section 204 is eligible to
be a dependent child shall be based on whether the alien is
determined to be a child under section 101(b)(6).
``(2) Long-term dependents.--If otherwise eligible, an
alien who is determined to be a child pursuant to section
101(b)(6)(B) may change status to, or extend status as, a
dependent child of a nonimmigrant with an approved
employment-based petition under this section or an approved
application under section 101(a)(15)(E), notwithstanding such
alien's marital status.
``(3) Employment authorization.--An alien admitted to the
United States as a dependent child of a nonimmigrant who is
described in this section is authorized to engage in
employment in the United States incident to status.''.
(c) Priority Date Retention.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is
amended--
(1) by striking the subsection heading and inserting
``Retention of Priority Dates'';
(2) by striking paragraphs (1) through (4);
(3) by redesignating paragraph (5) as paragraph (3); and
(4) by inserting before paragraph (3) the following:
``(1) In general.--The priority date for an individual
shall be the date on which a petition under section 204 is
filed with the Secretary of Homeland Security or the
Secretary of State, as applicable, unless such petition was
preceded by the filing of a labor certification with the
Secretary of Labor, in which case the date on which the labor
certification is filed shall be the priority date.
``(2) Applicability.--The principal beneficiary and all
derivative beneficiaries shall retain the priority date
associated with the earliest of any approved petition or
labor certification, and such priority date shall be
applicable to any subsequently approved petition.''.
______
SA 2550. Mr. PADILLA submitted an amendment intended to be proposed
by
[[Page S4899]]
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle F of title V, add the
following:
SEC. 578. PILOT PROGRAM ON PEER-TO-PEER MENTAL HEALTH SUPPORT
PROGRAMS AT DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY HIGH SCHOOLS.
(a) In General.--Beginning in the first academic year to
begin after the date of the enactment of this Act, the
Secretary of Defense shall establish and implement a pilot
program to assess the feasibility and advisability of
establishing peer-to-peer mental health support programs for
students in covered DODEA schools.
(b) Locations.--The Secretary shall carry out the pilot
program required by subsection (a) in not fewer than 5
covered DODEA schools that the Secretary determines have
adequate mental health infrastructure in place to carry out
the pilot program, one of which shall be located outside the
United States.
(c) Parental Consent Required.--In carrying out the pilot
program required by subsection (a), the Secretary shall
ensure that a covered DODEA school participating in the pilot
program obtains the consent of the parents of any student who
participates in a peer-to-peer mental health support program
under the pilot program.
(d) Termination.--The pilot program required by subsection
(a) shall terminate on the date that is 2 years after the
commencement of the pilot program.
(e) Definitions.--In this section:
(1) Covered dodea school.--The term ``covered DODEA
school'' means a high school operated by the Department of
Defense Education Activity within or outside the United
States.
(2) High school.--The term ``high school'' has the meaning
given that term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Peer-to-peer mental health support program.--The term
``peer-to-peer mental health support program'' means an
evidence-based intervention that trains students to become
peer support specialists and provide mental health support to
other students.
______
SA 2551. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM.
The Secretary of Health and Human Services shall carry out,
as a Low-Income Household Water Assistance Program, the water
program established under sections 2912 of the American
Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 51) and
section 533 of division H of the Consolidated Appropriations
Act, 2021 (Public Law 116-260; 134 Stat. 1627).
______
SA 2552. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. ALLOWING CLAIMS AGAINST THE UNITED STATES FOR
INJURY AND DEATH OF MEMBERS OF THE ARMED FORCES
CAUSED BY IMPROPER MEDICAL CARE.
(a) In General.--Chapter 171 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 2681. Claims against the United States for injury and
death of members of the Armed Forces
``(a) In this section--
``(1) the term `Armed Forces' has the meaning given the
term in section 101 of title 38; and
``(2) the term `covered military medical treatment
facility'--
``(A) means the facilities described in subsections (b),
(c), and (d) of section 1073d of title 10, regardless of
whether the facility is located in or outside the United
States; and
``(B) does not include battalion aid stations or other
medical treatment locations deployed in an area of armed
conflict.
``(b) A claim may be brought against the United States
under this chapter for damages for personal injury or death
of a member of the Armed Forces arising out of a negligent or
wrongful act or omission in the performance of medical,
dental, or related health care functions (including clinical
studies and investigations) that is provided at a covered
military medical treatment facility by a person acting within
the scope of the office or employment of that person by or at
the direction of the Government of the United States and
shall be exclusive of any other civil action or proceeding by
reason of the same subject matter against such person (or the
estate of such person) whose act or omission gave rise to the
action or proceeding.
``(c) A claim under this section shall not be reduced by
the amount of any benefit received under subchapter III
(relating to Servicemembers' Group Life Insurance) of chapter
19 of title 38.
``(d) Notwithstanding section 2401(b)--
``(1) except as provided in paragraph (2), a claim arising
under this section may not be commenced later than 3 years
after the date on which the claimant discovered, or by
reasonable diligence should have discovered, the injury and
the cause of the injury; and
``(2) with respect to a claim pending before the date of
enactment of this section, the limitations period described
in paragraph (1) shall begin on the date of enactment of this
section.
``(e) For purposes of claims brought under this section--
``(1) subsections (j) and (k) of section 2680 shall not
apply; and
``(2) in the case of an act or omission occurring outside
the United States, the law of the place where the act or
omission occurred shall be deemed to be the law of the State
of domicile of the claimant.
``(f) Not later than 2 years after the date of the
enactment of this section, and every 2 years thereafter, the
Secretary of Defense shall submit to Congress a report on the
number of claims filed under this section.''.
(b) Clerical Amendment.--The table of sections for chapter
171 of title 28, United States Code, is amended by adding at
the end the following:
``2681. Claims against the United States for injury and death of
members of the Armed Forces.''.
(c) Effective Date.--This Act and the amendments made by
this Act shall apply to--
(1) a claim arising on or after January 1, 2017; and
(2) a pending claim arising before January 1, 2017.
(d) Rule of Construction.--Nothing in this Act or the
amendments made by this Act shall be construed to limit the
application of the administrative process and procedures of
chapter 171 of title 28, United States Code, to claims
permitted under section 2681, as added by this section.
______
SA 2553. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. EXPANSION OF AUTHORIZED ACTIVITIES UNDER DEPARTMENT
OF DEFENSE EDUCATION PARTNERSHIPS TO INCLUDE
FINANCIAL ASSISTANCE FOR ACTIVITIES.
Section 2194(b) of title 10, United States Code, is
amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) entering into contracts, cooperative agreements, or
grants with the educational institution to provide financial
assistance for activities under the partnership agreement.''.
______
SA 2554. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 358. IMPROVEMENTS TO FIREGUARD PROGRAM OF NATIONAL
GUARD.
(a) Interagency Partnership.--Section 510 of title 32,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Contracts and Agreements.--
``(1) In general.--The Secretary of Defense may enter into
a contract or cooperative agreement with a qualified
individual or entity to carry out the duties of the FireGuard
Program under subsection (a).
``(2) Qualified individual or entity defined.--In this
subsection, the term `qualified individual or entity' means--
[[Page S4900]]
``(A) any individual who possesses a requisite security
clearance for handling classified remote sensing data for the
purpose of wildfire detection and monitoring; or
``(B) any corporation, firm, partnership, company,
nonprofit, Federal agency or sub-agency, or State or local
government, with contractors or employees who possess a
requisite security clearance for handling such data.''.
(b) Transition of FireGuard Program to Civilian or
Commercial Capabilities.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with other entities pursuant to a memorandum of
understanding under paragraph (3), shall develop a plan to
transition the operation of the FireGuard Program under
section 510 of title 32, United States Code, to a Federal
agency or subagency (other than the Department of Defense or
within the Department of Defense) or a State or local
government with civilian or commercial capabilities.
(2) Operation of civilian or commercial capabilities.--All
civilian or commercial capabilities under the FireGuard
Program pursuant to a transition conducted under paragraph
(1) shall be--
(A) performed by an individual who possesses a requisite
security clearance for handling classified remote sensing
data for the purpose of wildfire detection and monitoring,
including pursuant to a contract with a corporation, firm,
partnership, company, nonprofit, Federal agency or sub-
agency, or State or local government; and
(B) coordinated with the United States Geological Survey.
(3) Memorandum of understanding.--In developing the
transition plan required under paragraph (1), the Secretary
may enter into a memorandum of understanding with one or more
Federal agencies or subagencies or State or local governments
to identify and leverage shared or external civilian
resources from Federal, State, local, and tribal entities.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Agriculture, shall submit
to Congress a report that evaluates the effectiveness of the
FireGuard Program under section 510 of title 32, United
States Code, and opportunities to further engage civilian
capacity within the program.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An assessment of the efficacy of the FireGuard Program
in detecting and monitoring wildfires, including the speed of
detection.
(B) A plan to facilitate production and dissemination of
unclassified remote sensing information for use by civilian
organizations, including Federal, State, and local government
organizations, in carrying out wildfire detection activities.
(C) A plan to contract with qualified civilian entities to
facilitate access to remote sensing information for the
purpose of wildfire detection and monitoring beginning
January 1, 2026.
______
SA 2555. Mr. PADILLA (for himself and Mr. Young) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. AGRICULTURE AND NATIONAL SECURITY.
(a) Sense of Congress Relating to Agriculture and National
Security.--It is the sense of Congress that there are
increasingly robust Federal activities to address homeland
security vulnerabilities across the food and agriculture
sector, including with regard to agriculture and food
defense, critical infrastructure, emergency management, and
catastrophic events, but additional efforts are needed to
identify national security vulnerabilities related to food
and agriculture, particularly with regard to emerging
technologies.
(b) National Security.--
(1) In general.--In recognition that food and agriculture
are critical to the national security of the United States,
the Secretary of Agriculture (referred to in this section as
the ``Secretary'') shall prioritize national security in
addition to homeland security in the Department of
Agriculture (referred to in this section as the
``Department''), including by increasing the number of staff
at the Department with security clearances and access to
classified systems and networks.
(2) Senior advisor for national security.--
(A) Appointment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(i) establish within the Office of the Secretary the
position of Senior Advisor for National Security (referred to
in this section as the ``Senior Advisor''); and
(ii) appoint an individual to the position of Senior
Advisor.
(B) Duties.--The Senior Advisor shall, in coordination with
and complementary to the duties of the Office of Homeland
Security of the Department--
(i) serve as the principal advisor to the Secretary on
national security;
(ii) act as the primary liaison on behalf of the Department
with the National Security Council and other Federal
departments and agencies in activities relating to national
security;
(iii) coordinate national security activities across the
Department, including to ensure that national security
concerns are integrated into the homeland security activities
of the Department wherever appropriate; and
(iv) communicate with stakeholders to identify national
security vulnerabilities and risk mitigation strategies
relevant to food and agriculture.
(3) Interagency coordination.--Section 221(e) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6922(e)) is amended by adding at the end the
following:
``(3) Detailees authorized.--The Secretary may provide
detailees to, and accept and employ personnel detailed from,
defense, national and homeland security, law enforcement, and
intelligence agencies, with or without reimbursement, to
improve information sharing, vulnerability identification,
and risk mitigation related to food and agriculture.''.
(4) Biennial reports.--Section 221 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6922) is
amended by adding at the end the following:
``(f) Biennial Reports.--Not later than 180 days after the
date of enactment of this subsection, and not less frequently
than once every 2 years thereafter, the Secretary shall
submit to Congress and the National Security Council a report
that includes--
``(1) from the perspective of the Department, an assessment
of any gaps or limitations in national security efforts
related to food and agriculture in the United States,
including--
``(A) influence of foreign state-owned enterprise;
``(B) control of and access to agricultural data;
``(C) foreign acquisition of intellectual property,
agricultural assets, and land;
``(D) agricultural input shortages and dependence on
foreign-sourced inputs;
``(E) supply chain and trade disruptions;
``(F) science and technology cooperation;
``(G) cybersecurity and artificial intelligence;
``(H) unequal investments in research, development, and
scale-up;
``(I) incongruent regulatory policies; and
``(J) other vulnerabilities throughout the food and
agriculture sector, particularly with regard to emerging
technologies;
``(2) the actions taken by the Secretary to address any
gaps or limitations identified under paragraph (1), including
through interagency coordination, threat information sharing,
and stakeholder outreach;
``(3) policy recommendations, including recommendations for
executive actions and legislative proposals--
``(A) to reduce any gaps or limitations identified under
paragraph (1); and
``(B) to address any identified vulnerabilities with
respect to the gaps or limitations identified under paragraph
(1); and
``(4) resources the Department requires to address current
and future national security vulnerabilities related to food
and agriculture.''.
______
SA 2556. Mr. PADILLA (for himself and Mr. Young) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. BIOTECHNOLOGY AT THE DEPARTMENT OF AGRICULTURE.
(a) Prioritization.--The Secretary of Agriculture shall
prioritize biotechnology at the Department of Agriculture by
providing for the effective coordination of policies and
activities with respect to biotechnology, biomanufacturing,
synthetic biology, and related emerging technologies.
(b) Office of Biotechnology Policy.--Subtitle A of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6912 et seq.) is amended by adding at the end the
following:
``SEC. 224B. OFFICE OF BIOTECHNOLOGY POLICY.
``(a) Establishment.--The Secretary shall establish within
the Department the Office of Biotechnology Policy (referred
to in this section as the `Office').
``(b) Director.--The Office shall be headed by a Director
(referred to in this section as the `Director'), who shall
report directly to the Secretary or a designee of the
Secretary.
``(c) Duties of the Office.--The Office shall be
responsible for--
``(1) the development and coordination of policies,
activities, and services of the Department with respect to
biotechnology and related topics, including--
``(A) research and development;
``(B) communication, extension, and education;
[[Page S4901]]
``(C) regulation and labeling; and
``(D) commercialization, use, and trade;
``(2) assisting other offices and agencies of the
Department in fulfilling their responsibilities relating to
biotechnology under applicable laws; and
``(3) carrying out such other duties as are required by law
or determined by the Secretary.
``(d) Interagency Coordination.--In support of the duties
required under subsection (c), the Director shall provide
leadership to ensure coordination of interagency activities
with the Environmental Protection Agency, the Food and Drug
Administration, and other Federal and State agencies.
``(e) Outreach.--In carrying out the duties of the Office
under this section, the Director shall consult as necessary
with biotechnology developers, academics, agricultural
producers, and other entities that may be affected by
biotechnology-related activities or actions of the Department
or other Federal or State agencies.''.
(c) Conforming Amendment.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 is amended by
redesignating section 225 (7 U.S.C. 6925) (relating to the
Food Access Liaison) as section 224A.
______
SA 2557. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. RESEARCH AND REMEDIATION OF THE SAN PEDRO BASIN.
(a) Definitions.--In this section:
(1) Administrators.--The term ``Administrators'' means the
Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Defense and heads of other relevant agencies.
(2) Covered waste.--The term ``covered waste'' means--
(A) dichlorodiphenyltrichloroethane,
dichlorodiphenyltrichloroethane degradation products, and
byproducts of dichlorodiphenyltrichloroethane manufacturing;
and
(B) other industrial wastes including military explosives,
munitions, radioactive waste, refinery byproducts, and
associated chemicals.
(b) Research, Monitoring, and Remediation.--The
Administrators shall--
(1) conduct status and trend monitoring of the dumping of
covered waste in the San Pedro Basin;
(2) conduct research to characterize the scope, impact, and
potential for penetration into the marine food web of the
dumping of covered waste in the San Pedro Basin; and
(3) assess, analyze, and explore the potential of
remediation with respect to the dumping of covered waste at
dump sites in the San Pedro Basin, including bioremediation.
(c) Study of Seafloor Contamination.--The Administrator of
the National Oceanic and Atmospheric Administration, in
consultation with the Administrator of the Environmental
Protection Agency and the Secretary of Defense, may provide
funding under the Competitive Research Program of the
National Centers for Coastal Ocean Science to support the
study of deep seafloor contamination from the dumping of
covered waste off the coast of California, including the
study of--
(1) spatial and co-contaminant inventories;
(2) transport and fate processes; and
(3) ecosystem biomagnification.
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrators shall submit a
report describing a strategy for further research and
remediation in the San Pedro Basin, and identifying any other
locations used as offshore dump sites for the dumping of
covered waste, to the following committees:
(1) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The Committee on Environment and Public Works of the
Senate.
(3) The Committee on Natural Resources of the House of
Representatives.
(4) The Committee on Transportation and Infrastructure of
the House of Representatives.
(5) The Committee on Energy and Commerce of the House of
Representatives.
(6) The Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives.
(7) The Committee on Science, Space, and Technology of the
House of Representatives.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (c) $6,000,000 for
each of fiscal years 2025 through 2031.
______
SA 2558. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. BRIEFING ON INDIUM PHOSPHIDE OPTICAL COMPOUND
SEMICONDUCTORS AND PHOTONIC INTEGRATED
CIRCUITS.
Not later than March 1, 2025, the Assistant Secretary of
Defense for Critical Technologies shall, in coordination with
the Assistant Secretary of Defense for Industrial Base
Policy, provide to the Committee on Armed Services of the
Senate a briefing on the following:
(1) The Department of Defense's current and potential uses
of indium phosphide optical compound semiconductors or
photonic integrated circuits technology.
(2) An assessment of the dependence of the United States on
China for substrates, fabrication, advanced test and
packaging, and finished products containing indium phosphide
optical compound semiconductors or photonic integrated
circuits.
(3) An assessment of supply chain vulnerabilities for
indium phosphide optical compound semiconductors.
______
SA 2559. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3123. DESIGNATION OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION AS TECHNICAL NUCLEAR FORENSICS
LEAD.
(a) In General.--Section 3211(b) of the National Nuclear
Security Administration Act (50 U.S.C. 2401(b)) is amended by
adding at the end the following new paragraph:
``(7) To lead the technical nuclear forensics efforts of
the United States.''.
(b) Rule of Construction.--The amendment made by this
section may not be construed to alter the functions vested in
any department or agency of the Federal Government by statute
other than the National Nuclear Security Administration
pursuant to such amendment.
______
SA 2560. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. 2836. LAND CONVEYANCE AND AUTHORIZATION FOR INTERIM
LEASE, DEFENSE FUEL SUPPORT POINT SAN PEDRO,
LOS ANGELES, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of the Navy (in
this section referred to as the ``Secretary''), may convey to
the city of Los Angeles or the city of Lomita, California, at
a cost less than fair market value, all right, title, and
interest of the United States in and to parcels of real
property, including any improvements thereon, known as the
ballfields and the firing range at Naval Weapons Station Seal
Beach, Defense Fuel Support Point, San Pedro, California, as
further described in subsection (i), for the purposes of
permitting the city of Los Angeles or the city of Lomita (as
appropriate) to use such conveyed parcel of real property for
park and recreational activities or law enforcement
affiliated purposes, as set forth in subsection (e).
(b) Interim Lease.--
(1) In general.--Until such time as a parcel of real
property described in subsection (a) is conveyed to the city
of Los Angeles or the city of Lomita (as appropriate), the
Secretary may lease such parcel or a portion of such parcel
to either the city of Los Angeles or the city of Lomita at no
cost for a term of not more than 3 years.
(2) Limitation.--If the conveyance under subsection (a) of
a parcel leased under paragraph (1), is not completed within
the period of the lease term, the Secretary shall have no
further obligation to make any part of such parcel available
for use by the city of Los Angeles or the city of Lomita (as
appropriate).
(c) Consideration.--
(1) Consideration required.--As consideration for a
conveyance under subsection (a), the city of Los Angeles or
the city of Lomita (as appropriate) shall pay to the
Secretary an amount determined by the Secretary, which may
consist of cash payment, in-kind consideration as described
under paragraph (2), or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the city of Los Angeles or the city of Lomita (as
appropriate) under this subsection may include--
(A) the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or combination thereof, of any
[[Page S4902]]
property, facility, or infrastructure with proximity to Naval
Weapons Station Seal Beach, that the Secretary considers
acceptable; or
(B) the delivery of services relating to the needs of Naval
Weapons Station Seal Beach that the Secretary considers
acceptable.
(3) Treatment of amounts received for conveyance.--Cash
payments received under paragraph (1) as reimbursement for
costs incurred by the Secretary to carry out a conveyance
under subsection (a) shall be--
(A) credited to and merged with the fund or account used to
cover the costs incurred by the Secretary in carrying out the
conveyance or an appropriate fund or account available to the
Secretary for the purposes for which the costs were paid; and
(B) available for the same purposes and subject to the same
conditions and limitations as amounts in such fund or
account.
(4) Payment of costs of conveyance.--
(A) Payment required.--The Secretary shall require the city
of Los Angeles or the city of Lomita (as appropriate) to
cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out a conveyance under subsection (a) or an inteirm
lease under subsection (b), including costs for environmental
and real estate due diligence and any other administrative
costs related to the conveyance or lease execution.
(B) Refund of excess amounts.--If amounts collected from
the city of Los Angeles or the city of Lomita under
subparagraph (A) exceed the costs actually incurred by the
Secretary to carry out a conveyance under subsection (a) or
an interim lease execution under subsection (b), the
Secretary shall refund the excess amount to the city of Los
Angeles or the city of Lomita (as appropriate).
(d) Valuation.--The values of the property interests to be
conveyed by the Secretary under subsection (a) shall be
determined by an independent appraiser selected by the
Secretary and in accordance with the Uniform Standards of
Professional Appraisal Practice.
(e) Conditions of Conveyance.--A conveyance under
subsection (a) shall be subject to all existing easements,
restrictions, and covenants of record and the following
conditions:
(1) The parcels of real property described in paragraphs
(1) and (2) of subsection (i) shall be used solely for park
and recreational activities, which may include ancillary uses
such as vending and restrooms.
(2) The parcel of real property described in paragraph (3)
of subsection (i) shall be used solely for law enforcement
affiliated purposes.
(3) The city of Los Angeles or the city of Lomita (as
appropriate) may not use Federal funds to cover any portion
of the amounts required by subsection (c) to be paid.
(f) Exclusion of Requirements for Prior Screening.--Section
2696(b) of title 10, United States Code, and the requirements
under title V of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11411 et seq.) relating to prior screenings shall
not apply to a conveyance under subsection (a) or the grant
of interim lease authorized under subsection (b).
(g) Reversionary Interest.--
(1) In general.--If the Secretary determines at any time
that a parcel of real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in this section, all right, title, and
interest in and to the land, including any improvements
thereon, shall, at the option of the Secretary, revert to and
become the property of the United States, and the United
States shall have the right of immediate entry onto such real
property.
(2) Opportunity for hearing.--A determination by the
Secretary under paragraph (1) shall be made on the record
after an opportunity for a hearing.
(h) Conveyance Agreement.--A conveyance of land under
subsection (a) shall be accomplished--
(1) using a quitclaim deed or other legal instrument; and
(2) upon terms and conditions mutually satisfactory to the
Secretary and the city of Los Angeles or the city of Lomita
(as appropriate), including such additional terms and
conditions as the Secretary considers appropriate to protect
the interests of the United States.
(i) Description of Property.--The parcels of real property
that may be conveyed under subsection (a) are the following:
(1) The City of Lomita Ballfield Parcel consisting of
approximately 5.7 acres.
(2) The City of Los Angeles Ballfield Parcels consisting of
approximately 15.3 acres.
(3) The firing range located at 2981 North Gaffey Street,
San Pedro, California, consisting of approximately 3.2 acres.
(j) Rule of Construction.--Nothing in this section affects
the application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
______
SA 2561. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. REQUIREMENT TO CONNECT TO SUICIDE AND CRISIS
LIFELINE FOR ALL UNCLASSIFIED TELEPHONE SYSTEMS
OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall ensure that all unclassified
multi-line telephone systems of the Department of Defense
that are connected to or capable of connecting to the
telephone network of the United States permit a user of such
a system to directly initiate a call to the 9-8-8 Suicide and
Crisis Lifeline from any station equipped with dialing
facilities, without dialing any additional digit, code,
prefix, or post-fix, including any trunk-access code such as
the digit ``9'', regardless of whether the user is required
to dial such a digit, code, prefix, or post-fix for other
calls.
______
SA 2562. Mr. PADILLA (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION _--NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM
REAUTHORIZATION
SEC. __01. SHORT TITLE.
This division may be cited as the ``National Earthquake
Hazards Reduction Program Reauthorization Act of 2024''.
SEC. __02. MODIFICATION OF FINDINGS.
Section 2 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701) is amended--
(1) in paragraph (1)--
(A) by striking ``50 States, and the Commonwealth of Puerto
Rico,'' and inserting ``States and Tribal jurisdictions'';
(B) by striking ``of them'' and inserting ``States''; and
(C) by adding at the end the following: ``Almost half of
the United States population resides in areas that are at
risk or experiencing a damaging earthquake during the 50-year
period beginning on the date of the enactment of the National
Earthquake Hazards Reduction Program Reauthorization Act of
2024'';
(2) in paragraph (2)--
(A) by inserting after the first sentence the following:
``A 2023 report by the Federal Emergency Management Agency
and the United States Geological Survey (FEMA P-366)
estimates the annualized earthquake losses to the national
building stock is $14,700,000,000 per year and the total
economic exposure to earthquake losses (buildings and
contents) across the nation is $107,800,000,000,000.''; and
(B) in the third sentence--
(i) by striking ``and construction'' and inserting ``,
construction, evaluation, and retrofitting'';
(ii) by striking ``and (E)'' and inserting the following:
``(E) inventories of buildings and infrastructure with high
seismic risk, especially those that are critical to community
resilience, (F) programs that require or incentivize
replacement or retrofit of existing buildings and
infrastructure with high seismic risk, especially those that
are critical to community resilience, and (G)'';
(3) in paragraph (3), by inserting ``Tribal,'' after
``local,'';
(4) in paragraph (4), by striking ``could provide'' and all
that follows through the period at the end and inserting ``is
necessary to provide the scientific understanding needed to
improve and expand the earthquake early warning system.'';
(5) in paragraph (8), by striking ``cave-ins'' and
inserting ``collapse'';
(6) in paragraph (9)--
(A) in the first sentence, by striking ``and local'' and
inserting ``local, and Tribal government''; and
(B) in the second sentence, by striking ``transfer
knowledge and information to'' and inserting ``exchange
knowledge and information between''; and
(C) in the third sentence, by striking ``specifications,
criteria'' and inserting ``guidelines, codes, standards'';
(7) in paragraph (12)--
(A) in the second sentence--
(i) by striking ``When earthquakes occur, the built
environment is generally'' and inserting ``Relatively newer
buildings and infrastructure have generally been'';
(ii) by striking ``and is'' and inserting ``when
earthquakes occur, but most are''; and
(B) by adding at the end the following: ``In addition,
buildings and infrastructure built to older codes and
standards may pose significant risk of injury, loss of life,
or irreparable damage. A 2021 report submitted to Congress
pursuant to section 8(b), as amended by section 5 of the
National Earthquake Hazards Reduction Program Reauthorization
[[Page S4903]]
Act of 2018 (Public Law 115-307), by the Federal Emergency
Management Agency and the National Institute of Standards and
Technology (FEMA P2090/NST SP-1254) provides recommendations
for improving post-earthquake functional recovery time of the
built environment to support community resilience goals and
many of these recommendations still need to be
implemented.''; and
(8) in paragraph (13)--
(A) in the first sentence, by inserting ``in 2011'' after
``a study'';
(B) in the second sentence, by inserting ``(in 2011
dollars)'' after ``$300,000,000''; and
(C) by adding at the end the following: ``The cost of
actual seismic retrofits to reduce known risks is not
included in such valuation.''.
SEC. __03. MODIFICATION OF PURPOSE.
Section 3 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7702) is amended--
(1) in paragraph (1)--
(A) by striking ``and local'' and inserting ``, local, and
Tribal government''; and
(B) by striking ``locations and structures'' and inserting
``buildings and infrastructure'';
(2) in paragraph (2)--
(A) by striking ``and construction'' and inserting ``,
construction, evaluation, and retrofitting''; and
(B) by inserting ``housing and care facilities for
vulnerable populations,'' after ``occupancy buildings''; and
(3) in paragraph (4)--
(A) by striking ``and local'' and inserting ``, local, and
Tribal government''; and
(B) by striking ``encourage consideration of'' and
inserting ``incorporate''.
SEC. __04. MODIFICATION OF DEFINITIONS.
Section 4 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7703) is amended--
(1) in paragraph (3), by inserting ``, including secondary
effects such as earthquake-caused tsunamis''; and
(2) by adding at the end the following:
``(11) The term `Tribal government' has the meaning given
the term `tribal government' in section in section 421 of the
Congressional Budget Act of 1974 (2 U.S.C. 658).
``(12) The term `functional recovery' means a post-
earthquake performance state in which a building or lifeline
infrastructure system is maintained, or restored, to safely
and adequately support the basic intended functions
associated with the pre-earthquake use or occupancy of a
building, or the pre-earthquake service level of a lifeline
infrastructure system.''.
SEC. __05. IMPROVEMENTS TO NATIONAL EARTHQUAKE HAZARDS
REDUCTION PROGRAM.
(a) Program Activities.--Subsection (a)(2) of section 5 of
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704)
is amended--
(1) in subparagraph (B)--
(A) in the matter before clause (i)--
(i) by striking ``and local'' and inserting ``, local, and
Tribal''; and
(ii) by striking ``and constructing'' and inserting ``,
designing, constructing, evaluating, and retrofitting'';
(B) in clause (ii), by striking ``voluntary consensus codes
for earthquake hazards reduction'' and inserting ``consensus
codes for earthquake hazards reduction, including improved
post-earthquake functional recovery,'';
(C) in clause (iii), by striking ``and hazards reduction;
and'' and inserting ``functional recovery, and other hazards
reduction topics;'';
(D) in clause (iv)--
(i) by inserting ``and maintaining'' after ``publishing'';
(ii) by inserting ``tsunami susceptibility,'' after
``liquefaction susceptibility,''; and
(iii) by striking ``; and'' and inserting a semicolon; and
(E) by adding at the end the following:
``(v) development of best practices and guidelines to
create an inventory of and conduct seismic performance
evaluations of buildings, structures, and lifeline
infrastructure with high seismic risk, especially those that
are critical to community resilience; and
``(vi) the provision of technical assistance upon request
by a State, local, or Tribal government regarding--
``(I) the creation of an inventory of buildings,
structures, and lifeline infrastructure;
``(II) the performance of seismic performance evaluations;
and
``(III) cost-effective best practices for retrofitting
existing buildings, structures, and lifeline
infrastructure.'';
(2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(3) by redesignating subparagraph (D) as subparagraph (E);
and
(4) by inserting after subparagraph (C) the following:
``(D) improve the understanding of--
``(i) the multiple hazards associated with earthquakes,
including liquefaction, tsunamis, landslides, structural
fires, and the compounding effects of climate on these
hazards; and
``(ii) potential mitigation measures for such hazards;
and''.
(b) Duties of Interagency Coordinating Committee on
Earthquake Hazards Reduction.--Subsection (a)(3)(D)(ii) of
such section is amended--
(1) in subclause (V), by inserting ``and associated
secondary hazards'' before the period at the end; and
(2) by adding at the end the following:
``(VIII) Coordinating with the Chair of the Federal
Communications Commission on the timely broadcasting of
emergency alerts generated by the earthquake early warning
system.''.
(c) Biennial Report.--Subsection (a)(4)(A) of such section
is amended by striking ``under paragraph (3)(D)(i)(I)'' each
place it appears and inserting ``under paragraph
(3)(D)(ii)(I)''.
(d) Advisory Committee.--Subsection (a)(5)(A) of such
section is amended--
(1) by striking ``and local government'' and inserting ``,
local, and Tribal governments''; and
(2) by inserting ``social,'' after ``scientific,''.
(e) Lead Agency for Responsibilities of Program Agencies.--
Subsection (b)(1) of such section is amended--
(1) in subparagraph (A)--
(A) by striking ``and local'' and inserting ``local, and
Tribal governments''; and
(B) by striking ``plan and constructing'' and inserting
``planning, designing, constructing, evaluating, and
retrofitting'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) improve the understanding of earthquake-caused fires
and support the development of engineering tools and
construction methods that mitigate the risk of fire following
earthquakes;
``(D) develop, in coordination with the Administrator of
the Federal Emergency Management Agency, best practices and
guidelines for a State, local, or Tribal government to create
an inventory of buildings, structures, or lifeline
infrastructure that are critical to community resilience or
otherwise have high seismic risk;
``(E) provide, in coordination with the Administrator of
the Federal Emergency Management Agency, technical assistance
to a State, local, or Tribal government requesting such
assistance with respect to the creation of an inventory of
buildings, structures, or lifeline infrastructure;''.
(f) Responsibilities of Federal Emergency Management
Agency.--Subsection (b)(2) of such section is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``and Tribal governments'' after
``States'';
(ii) by striking ``safety inspections'' and inserting
``performance evaluations''; and
(iii) by inserting ``and improve post-earthquake functional
recovery'' after ``seismic safety'';
(B) in clause (ii), by inserting ``, including Tribal
entities,'' after ``appropriate audiences'';
(C) in clause (iii)--
(i) by striking ``of seismic resistant'' and inserting ``to
all appropriate audiences, including Tribal governments,
of''; and
(ii) by inserting ``that enhance seismic safety, improve
post-earthquake functional recovery, and reduce losses from
earthquakes'' after ``and lifeline infrastructure'';
(D) in clause (iv)--
(i) in striking ``and local'' and inserting ``, local, and
Tribal''; and
(ii) by striking ``; and'' and inserting a semicolon;
(E) by redesignating clause (v) as clause (vi); and
(F) by inserting after clause (iv) the following:
``(v) shall provide technical assistance to State, local,
or Tribal governmental entities in the creation of evacuation
plans in the event of an earthquake, landslide, tsunami, or
other earthquake-related hazard; and''; and
(2) in subparagraph (B)--
(A) in the subparagraph heading, by inserting ``and
tribal'' after ``State'';
(B) in the matter before clause (i), by inserting ``or
Tribal government'' after ``State''; and
(C) in clause (i), by striking ``safety'' and inserting
``performance, community resilience, or public awareness''.
(g) Responsibilities of United States Geological Survey.--
Subsection (b)(3) of such section is amended--
(1) in subparagraph (B), by striking ``and local'' and
inserting ``, local, and Tribal'';
(2) in subparagraph (C), by inserting ``, the Chair of the
Federal Communications Commission,'' after ``Agency'';
(3) by redesignating subparagraphs (D) through (K) as
subparagraphs (J) through (O), respectively;
(4) by inserting after subparagraph (C) the following:
``(D) coordinate with the Administrator of the National
Oceanic and Atmospheric Administration and the Administrator
of the Federal Emergency Management Agency on data sharing
and resource allocation to support a timely response to
oceanic earthquakes and tsunamis;
``(E) in consultation with the Chair of the Federal
Communications Commission, ensure that earthquake alerts and
early warnings are broadcast as rapidly and reliably as
possible, in the predominant languages in the affected
region, to ensure maximum warning time for nearby persons;
``(F) expand the earthquake early warning system within and
to additional high earthquake hazard areas, including making
improvements as practicable to improve detection and increase
the time between warning messages and perceptible ground
motion;
``(G) coordinating with affected State and Tribal
governments on earthquake early warning system
improvements;'';
[[Page S4904]]
(5) in subparagraph (H), as redesignated by paragraph (3),
by inserting ``the Chair of the Federal Communications
Commission,'' after ``Agency,'';
(6) in subparagraph (K), as redesignated by paragraph (3),
by striking ``; and'' and inserting a semicolon;
(7) in subparagraph (L), as redesignated by paragraph (3),
by striking the period at the end and inserting a semicolon;
and
(8) in subparagraph (N), as redesignated by paragraph (3),
by inserting ``maps of natural hazards associated with
earthquakes and''.
(h) Responsibilities of National Science Foundation.--
Subsection (b)(4)(A) of such section is amended--
(1) in clause (iii), by inserting ``including updated
tsunami and liquefaction risk maps,''; and
(2) in clause (vii), by striking ``Historically Black
Colleges and Universities and those serving large proportions
of Hispanics, Native Americans, Asian-Pacific Americans, and
other underrepresented populations'' and inserting
``institutions described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a))''.
SEC. __06. SEISMIC PERFORMANCE PROPERTY STANDARDS.
Section 947 of the Cranston-Gonzales National Affordable
Housing Act (42 U.S.C. 7704a) is amended--
(1) in subsection (a), by striking ``safety'' both places
it appears and inserting ``performance''; and
(2) in subsection (b), by striking ``shake-related property
damage'' and inserting ``seismic-related property damage to
improve the post-earthquake functional recovery time''.
SEC. __07. SEISMIC STANDARDS.
Section 8 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7705b) is amended--
(1) in subsection (b), by striking ``under paragraph (1)''
and inserting ``under subsection (a)''; and
(2) by adding at the end the following:
``(c) Implementation of Recommendations.--Each Program
agency, as part of their Program responsibilities, shall
execute research, projects, grants, and other activities that
support, promote, advance, or otherwise implement the
recommendations in the report submitted pursuant to
subsection (b) to improve the performance of the built
environment in terms of post-earthquake reoccupancy and
functional recovery time.
``(d) Biennial Reports.--
``(1) Biennial reports to interagency coordinating
committee.--No later than June 30, 2025, and not less
frequently than once every 2 years thereafter, each Program
agency shall submit to the Interagency Coordinating Committee
a report on activities and progress made to support, promote,
or advance the implementation of the recommendations included
in the report submitted pursuant to subsection (b).
``(2) Inclusion in biennial reports of interagency
coordinating committee.--The Interagency Coordinating
Committee shall include the information received under
paragraph (1) in each biennial report submitted under section
5(a)(4), including consideration of a prioritized work plan
to coordinate activities among the Program agencies and the
necessary Program budget to fully implement the
recommendations described in paragraph (1).''.
SEC. __08. IMPROVEMENTS TO POST-EARTHQUAKE INVESTIGATIONS
PROGRAM.
Section 11 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7705e) is amended, in the matter before paragraph
(1)--
(1) in the first sentence, by inserting ``domestic and
international'' after ``investigate major''; and
(2) in the fifth sentence, by inserting ``Federal Emergency
Management'' before ``Agency''.
SEC. __09. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization for Program.--Subsection (a)(8)
of section 12 of the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7706) is amended--
(1) in subparagraph (I), by striking ``, and'' and
inserting a comma; and
(2) by inserting after subparagraph (J) the following:
``(K) $10,590,000 for fiscal year 2024,
``(L) $10,590,000 for fiscal year 2025,
``(M) $10,590,000 for fiscal year 2026,
``(N) $10,590,000 for fiscal year 2027, and
``(O) $10,590,000 for fiscal year 2028,''.
(b) United States Geological Survey.--Subsection (b)(2) of
such section is amended--
(1) in subparagraph (I), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (J), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(K) $100,900,000 for fiscal year 2024, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic System established under
section 13;
``(L) $100,900,000 for fiscal year 2025, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic System established under
section 13;
``(M) $100,900,000 for fiscal year 2026, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic System established under
section 13;
``(N) $100,900,000 for fiscal year 2027, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic System established under
section 13; and
``(O) $100,900,000 for fiscal year 2028, of which not less
than $36,000,000 shall be made available for completion of
the Advanced National Seismic System established under
section 13.''.
(c) National Science Foundation.--Subsection (c)(2) of such
section is amended--
(1) in subparagraph (I), by striking ``, and'' and
inserting a comma;
(2) in subparagraph (J), by striking the period at the end
and inserting a comma; and
(3) by adding at the end the following:
``(K) $58,000,000 for fiscal year 2024,
``(L) $58,000,000 for fiscal year 2025,
``(M) $58,000,000 for fiscal year 2026,
``(N) $58,000,000 for fiscal year 2027, and
``(O) $58,000,000 for fiscal year 2028.''.
(d) National Institute of Standards and Technology.--
Subsection (d)(2) of such section is amended--
(1) in subparagraph (I), by striking ``, and'' and
inserting a comma;
(2) in subparagraph (J), by striking the period at the end
and inserting a comma; and
(3) by inserting after subparagraph (J) the following:
``(K) $5,900,000 for fiscal year 2024,
``(L) $5,900,000 for fiscal year 2025,
``(M) $5,900,000 for fiscal year 2026,
``(N) $5,900,000 for fiscal year 2027, and
``(O) $5,900,000 for fiscal year 2028,''.
______
SA 2563. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 562. IMPLEMENTATION OF GAO RECOMMENDATIONS TO LEVERAGE
PERFORMANCE INFORMATION TO IMPROVE TAP
PARTICIPATION.
(a) Plan Required.--
(1) In general.--The Secretaries of the military
departments, in coordination with the Assistant Secretary of
Defense for Manpower and Reserve Affairs, shall develop a
plan to address the recommendations in the Government
Accountability Office's report entitled ``DOD Can Better
Leverage Performance Information to Improve Participation in
Counseling Pathways'' (GAO-23-104538).
(2) Elements.--The plan required under paragraph (1) shall,
with respect to each recommendation in the report described
in such paragraph that the Secretaries of the military
departments, in coordination with the Assistant Secretary of
Defense for Manpower and Reserve Affairs, have implemented or
intend to implement, include--
(A) a summary of actions that have been or will be taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Submission to Congressional Defense Committees.--Not
later than one year after the date of the enactment of this
Act, the Secretaries shall submit to the congressional
defense committees the plan required under subsection (a).
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, the Secretaries shall carry out activities to implement
the plan developed under subsection (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretaries may initiate
implementation of a recommendation in the report described in
subsection (a)(1) after the date specified in paragraph (1)
if the Secretaries provide the congressional defense
committees with a specific justification for the delay in
implementation of the recommendation on or before such date.
(B) Non-implementation.--The Secretaries may decide not to
implement a recommendation in the report described in
subsection (a)(1) if the Secretaries provide to the
congressional defense committees, on or before the date
specified in paragraph (1)--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretaries plan
to take to address the conditions underlying the
recommendation.
(d) Semiannual Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Department of Defense shall report to the congressional
defense committees on the progress of the Department of
Defense and each of the Military Departments in implementing
all outstanding recommendations of the Comptroller General of
the United States and the Inspector General of the Department
of the Defense related to the Transition Assistance Program
and on the use of funds made available for the current fiscal
year to implement the outstanding recommendations.
(2) Termination of requirement.--The Department of Defense
shall stop reporting on each recommendation described in
paragraph (1) when the recommending office considers the
recommendation closed.
[[Page S4905]]
______
SA 2564. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 562. COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM
REGARDING SEXUAL ASSAULT, SEXUAL OR GENDER
HARASSMENT, AND INTIMATE PARTNER VIOLENCE.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(20) Information concerning benefits and health care
(including mental health care) furnished by the Secretary of
Veterans Affairs to veterans and members of the Armed Forces
who have survived sexual assault, sexual or gender
harassment, or intimate partner violence.''.
______
SA 2565. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Tule River Tribe Reserved Water Rights Settlement Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Tule River Tribe
Reserved Water Rights Settlement Act of 2024''.
SEC. 1097. PURPOSES.
The purposes of this subtitle are--
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of California for--
(A) the Tule River Tribe; and
(B) the United States, acting as trustee for the Tribe;
(2) to authorize, ratify, and confirm the 2007 Agreement
entered by the Tribe, the South Tule Independent Ditch
Company, and the Tule River Association, to the extent that
the 2007 Agreement is consistent with this subtitle;
(3) to authorize and direct the Secretary--
(A) to execute the 2007 Agreement, with amendments to
facilitate implementation and approval of the 2007 Agreement;
and
(B) to take any other actions necessary to carry out the
2007 Agreement in accordance with this subtitle;
(4) to authorize funds necessary for the implementation of
the 2007 Agreement and this subtitle; and
(5) to authorize the transfer of certain lands to the
Tribe, to be held in trust.
SEC. 1098. DEFINITIONS.
(a) In General.--In this subtitle:
(1) 2007 agreement.--The term ``2007 Agreement'' means--
(A) the agreement dated November 21, 2007, as amended on
April 22, 2009, between the Tribe, the South Tule Independent
Ditch Company, and the Tule River Association, and exhibits
attached thereto; and
(B) any amendment to the Agreement referred to in
subparagraph (A) (including an amendment to any exhibit) that
is executed in accordance with section 1099(a)(2).
(2) Court.--The term ``Court'' means the United States
District Court for the Eastern District of California, unless
otherwise specified herein.
(3) Divert; diversion.--The terms ``divert'' and
``diversion'' mean to remove water from its natural course or
location by means of a ditch, canal, flume, bypass, pipeline,
conduit, well, pump, or other structure or device, or act of
a person.
(4) Downstream water users.--The term ``Downstream Water
Users'' means--
(A) the Tule River Association and its successors and
assigns;
(B) the South Tule Independent Ditch Company and its
successors and assigns; and
(C) any and all other holders of water rights in the South
Fork Tule River Basin.
(5) Enforceability date.--The term ``Enforceability Date''
means the date described in section 1099G.
(6) OM&R.--
(A) In general.--The term ``OM&R'' means operation,
maintenance, and replacement.
(B) Inclusions.--The term ``OM&R'' includes--
(i) any recurring or ongoing activity relating to the day-
to-day operation of a project;
(ii) any activity relating to scheduled or unscheduled
maintenance of a project; and
(iii) any activity relating to repairing or replacing a
feature of a project.
(7) Operation rules.--The term ``Operation Rules'' means
the rules of operation for the Phase I Reservoir, as
established in accordance with the 2007 Agreement and this
subtitle.
(8) Parties.--The term ``Parties'' means the signatories to
the 2007 Agreement, including the Secretary.
(9) Phase i reservoir.--The term ``Phase I Reservoir''
means the reservoir described in either section 3.4.B.(1) or
section 3.4.B.(2) of the 2007 Agreement.
(10) Reservation; tule river reservation.--The terms
``Reservation'' and ``Tule River Reservation'' mean the
reservation of lands set aside for the Tribe by the Executive
Orders of January 9, 1873, October 3, 1873, and August 3,
1878, including lands added to the Reservation pursuant to
section 1099D.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) South tule independent ditch company.--The term
``South Tule Independent Ditch Company'' means the nonprofit
mutual water company incorporated in 1895 that has claims to
ownership of water rights dating back to 1854, which provides
water diverted from the South Fork of the Tule River to its
shareholders on lands downstream from the Tule River
Reservation.
(13) Tribal water right.--The term ``Tribal Water Right''
means the water rights ratified, confirmed, and declared to
be valid for the benefit of the Tribe as set forth and
described in the 2007 Agreement and this subtitle.
(14) Tribe.--The term ``Tribe'' means the Tule River Indian
Tribe of the Tule River Reservation, California, a federally
recognized Indian Tribe.
(15) Trust fund.--The term ``Trust Fund'' means the Tule
River Indian Tribe Settlement Trust Fund established under
section 1099B(a).
(16) Tule river association.--
(A) In general.--The term ``Tule River Association'' means
the association formed by agreement in 1965, the members of
which are representatives of all pre-1914 appropriative and
certain riparian water right holders of the Tule River at and
below the Richard L. Schafer Dam and Reservoir.
(B) Inclusions.--The term ``Tule River Association''
includes the Pioneer Water Company, the Vandalia Irrigation
District, the Porterville Irrigation District, and the Lower
Tule River Irrigation District.
(17) Water development project.--The term ``Water
Development Project'' means a project for domestic,
commercial, municipal, and industrial water supply, including
but not limited to water treatment, storage, and distribution
infrastructure, to be constructed, in whole or in part, using
monies from the Trust Fund.
(b) Definitions of Other Terms.--Any other term used in
this subtitle but not defined in subsection (a)--
(1) has the meaning given the term in the 2007 Agreement;
or
(2) if no definition for the term is provided in the 2007
Agreement, shall be used in a manner consistent with its use
in the 2007 Agreement.
SEC. 1099. RATIFICATION OF 2007 AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this subtitle and to
the extent that the 2007 Agreement does not conflict with
this subtitle, the 2007 Agreement is authorized, ratified,
and confirmed.
(2) Amendments.--
(A) General amendments.--If an amendment to the 2007
Agreement, or to any exhibit attached to the 2007 Agreement
requiring the signature of the Secretary, is executed in
accordance with this subtitle to make the 2007 Agreement
consistent with this subtitle, the amendment is authorized,
ratified, and confirmed.
(B) Specific amendments.--
(i) Substitute sites.--If a substitute site for the Phase I
Reservoir is identified by the Tribe pursuant to section
3.4.B.(2)(a) of the 2007 Agreement, then amendments related
to the Operation Rules are authorized, ratified, and
confirmed, to the extent that such Amendments are consistent
with the 2007 Agreement and this subtitle.
(ii) Priority date.--Amendments agreed to by the Parties to
establish that the priority date for the Tribal Water Right
is no later than January 9, 1873, is authorized, ratified,
and confirmed.
(iii) Senior water rights.--Amendments agreed to by the
Parties to accommodate senior water rights of those
Downstream Water Users described in section 1098(a)(4)(C) are
authorized, ratified, and confirmed, to the extent that the
Court finds any such Downstream Water Users possess senior
water rights that can be accommodated only by amendment of
the 2007 Agreement.
(iv) Other amendments.--Other amendments agreed to by the
Parties to facilitate implementation and approval of the 2007
Agreement are authorized, ratified, and confirmed, to the
extent that such amendments are otherwise consistent with
this subtitle and with other applicable law.
(b) Execution.--
(1) In general.--To the extent the 2007 Agreement does not
conflict with this subtitle, the Secretary shall execute the
2007 Agreement, in accordance with paragraph (2), including
all exhibits to, or parts of, the 2007 Agreement requiring
the signature of the Secretary.
(2) Timing.--The Secretary shall not execute the 2007
Agreement until--
(A) the Parties agree on amendments related to the priority
date for the Tribal Water Right; and
(B) either--
(i) the Tribe moves forward with the Phase I Reservoir
described in section 3.4.B.(1) of the 2007 Agreement; or
(ii) if the Tribe selects a substitute site pursuant to
section 3.4.B.(2) of the 2007 Agreement, either--
[[Page S4906]]
(I) the Parties agree on Operation Rules; or
(II) the Secretary determines, in the discretion of the
Secretary, that the Parties have reached an impasse in
attempting to negotiate the Operation Rules.
(3) Modifications.--Nothing in this subtitle prohibits the
Secretary, after execution of the 2007 Agreement, from
approving any modification to the 2007 Agreement, including
any exhibit to the 2007 Agreement, that is consistent with
this subtitle, to the extent that the modification does not
otherwise require congressional approval under section 2116
of the Revised Statutes (25 U.S.C. 177) or any other
applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the 2007 Agreement and
this subtitle, the Secretary shall comply with all applicable
provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the 2007 Agreement and
this subtitle, the Tribe shall prepare any necessary
environmental documents, consistent with all applicable
provisions of--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4231 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation submitted
under subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the 2007
Agreement by the Secretary under this section shall not
constitute a major Federal action for purposes of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(4) Costs.--Any costs associated with the performance of
the compliance activities under this subsection shall be paid
from funds deposited in the Trust Fund, subject to the
condition that any costs associated with the performance of
Federal approval or other review of such compliance work or
costs associated with inherently Federal functions shall
remain the responsibility of the Secretary.
SEC. 1099A. TRIBAL WATER RIGHT.
(a) Confirmation of Tribal Water Right.--
(1) In general.--The Tribal Water Right is ratified,
confirmed, and declared valid.
(2) Quantification.--The Tribal Water Right includes the
right to divert and use or permit the diversion and use of up
to 5,828 acre-feet per year of surface water from the South
Fork Tule River, as described in the 2007 Agreement and as
confirmed in the decree entered by the Court pursuant to
subsections (b) and (c) of section 1099H.
(3) Use.--Any diversion, use, and place of use of the
Tribal Water Right shall be subject to the terms and
conditions of the 2007 Agreement and this subtitle.
(b) Trust Status of Tribal Water Right.--The Tribal Water
Right--
(1) shall be held in trust by the United States for the use
and benefit of the Tribe in accordance with this subtitle;
and
(2) shall not be subject to loss through non-use,
forfeiture, abandonment, or other operation of law.
(c) Authority of the Tule River Tribe.--
(1) In general.--The Tule River Tribe shall have the
authority to allocate and distribute the Tribal Water Right
for use on the Reservation in accordance with the 2007
Agreement, this subtitle, and applicable Federal law.
(d) Administration.--
(1) No alienation.--The Tribe shall not permanently
alienate any portion of the Tribal Water Right.
(2) Purchases or grants of land from indians.--An
authorization provided by this subtitle for the allocation,
distribution, leasing, or other arrangement entered into
pursuant to this subtitle shall be considered to satisfy any
requirement for authorization of the action by treaty or
convention imposed by section 2116 of the Revised Statutes
(25 U.S.C. 177).
(3) Prohibition on forfeiture.--The non-use of all or any
portion of the Tribal Water Right by any water user shall not
result in the forfeiture, abandonment, relinquishment, or
other loss of all or any portion of the Tribal Water Right.
SEC. 1099B. TULE RIVER TRIBE TRUST ACCOUNTS.
(a) Establishment.--The Secretary shall establish a trust
fund, to be known as the ``Tule River Indian Tribe Settlement
Trust Fund'', to be managed, invested, and distributed by the
Secretary and to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury, consisting
of the amounts deposited in the Trust Fund under subsection
(c), together with any interest earned on those amounts, for
the purpose of carrying out this subtitle.
(b) Accounts.--The Secretary shall establish in the Trust
Fund the following Accounts:
(1) The Tule River Tribe Water Development Projects
Account.
(2) The Tule River Tribe OM&R Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Tule River Tribe Water Development Projects
Account established under subsection (b)(1), the amounts made
available pursuant to section 1099C(a)(1); and
(2) in the Tule River Tribe OM&R Account established under
subsection (b)(2), the amounts made available pursuant to
section 1099C(a)(2).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
accounts in the Trust Fund pursuant to subsection (c), the
Secretary shall manage, invest, and distribute all amounts in
the Trust Fund in accordance with the investment authority of
the Secretary under--
(A) the first section of the Act of June 24, 1938 (52 Stat.
1037, chapter 648; 25 U.S.C. 162a);
(B) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) Investment earnings.--In addition to the deposits under
subsection (c), any investment earnings, including interest,
credited to amounts held in the Trust Fund are authorized to
be used in accordance with subsections (e) and (h).
(e) Availability of Amounts.--
(1) In general.--Amounts appropriated to, and deposited in,
the Trust Fund, including any investment earnings, including
interest, shall be made available to the Tribe by the
Secretary beginning on the Enforceability Date and subject to
the requirements set forth in this section, except for funds
to be made available to the Tribe pursuant to paragraph (2).
(2) Use of certain funds.--Notwithstanding paragraph (1),
$20,000,000 of the amounts deposited in the Tule River Tribe
Water Development Projects Account shall be made available to
conduct technical studies and related investigations
regarding the Phase I Reservoir and to establish appropriate
Operation Rules.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Tribe may withdraw any portion of the
amounts in the Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Tribe in accordance
with the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this paragraph shall require that the Tribe shall spend all
amounts withdrawn from the Trust Fund, and any investment
earnings accrued through the investments under the Tribal
management plan, in accordance with this subtitle.
(C) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce the Tribal management plan under this
paragraph to ensure that amounts withdrawn by the Tribe from
the Trust Fund under this paragraph are used in accordance
with this subtitle.
(2) Withdrawals under expenditure plan.--
(A) In general.--The Tribe may submit to the Secretary a
request to withdraw amounts from the Trust Fund pursuant to
an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw amounts under
an expenditure plan under this paragraph, the Tribe shall
submit to the Secretary an expenditure plan for any portion
of the Trust Fund that the Tribe elects to withdraw pursuant
to this subparagraph, subject to the condition that the
amounts shall be used for the purposes described in this
subtitle.
(C) Inclusions.--An expenditure plan under this paragraph
shall include a description of the manner and purpose for
which the amounts proposed to be withdrawn from the Trust
Fund will be used by the Tribe in accordance with subsections
(e) and (h).
(D) Approval.--The Secretary shall approve an expenditure
plan submitted under this paragraph if the Secretary
determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used for, the purposes
of this subtitle.
(E) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this paragraph are used in accordance
with this subtitle.
(g) Effect of Section.--Nothing in this section gives the
Tribe the right to judicial review of a determination of the
Secretary relating to whether to approve a Tribal management
plan under subsection (f)(1) or an expenditure plan under
subsection (f)(2) except under subchapter II of chapter 5,
and chapter 7, of title 5, United States Code (commonly known
as the ``Administrative Procedure Act'').
(h) Uses.--Amounts from the Trust Fund may only be used by
the Tribe for the following purposes:
(1) The Tule River Tribe Water Development Projects Account
may only be used to
[[Page S4907]]
plan, design, and construct Water Development Projects on the
Tule River Reservation, and for the conduct of related
activities, including for environmental compliance in the
development and construction of projects under this subtitle.
(2) The Tule River Tribe OM&R Account may only be used for
the OM&R of Water Development Projects.
(i) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Trust Fund by
the Tribe under paragraphs (1) and (2) of subsection (f).
(j) Title to Infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Trust Fund shall remain in the Tribe.
(k) Operation, Maintenance, & Replacement.--All OM&R costs
of any project constructed using funds from the Trust Fund
shall be the responsibility of the Tribe.
(l) No Per Capita Distributions.--No portion of the Trust
Fund shall be distributed on a per capita basis to any member
of the Tribe.
(m) Expenditure Report.--The Tule River Tribe shall
annually submit to the Secretary an expenditure report
describing accomplishments and amounts spent from use of
withdrawals under a Tribal management plan or an expenditure
plan under this subtitle.
SEC. 1099C. FUNDING.
(a) Funding.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary--
(1) for deposit in the Tule River Tribe Water Development
Projects Account $518,000,000, to be available until
expended, withdrawn, or reverted to the general fund of the
Treasury; and
(2) for deposit in the Tule River Tribe OM&R Account
$50,000,000, to be available until expended, withdrawn, or
reverted to the general fund of the Treasury.
(b) Fluctuation in Costs.--
(1) In general.--The amounts authorized to be appropriated
under subsection (a) shall be increased or decreased, as
appropriate, by such amounts as may be justified by reason of
ordinary fluctuations in costs occurring after November 1,
2020, as indicated by the Bureau of Reclamation Construction
Cost Index--Composite Trend.
(2) Construction costs adjustment.--The amounts authorized
to be appropriated under subsection (a) shall be adjusted to
address construction cost changes necessary to account for
unforeseen market volatility that may not otherwise be
captured by engineering cost indices as determined by the
Secretary, including repricing applicable to the types of
construction and current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing adjustment
under this subsection for any increment of funding shall end
on the date on which the funds are deposited into the Trust
Fund.
SEC. 1099D. TRANSFER OF LAND INTO TRUST.
(a) Transfer of Land to Trust.--
(1) In general.--Subject to valid existing rights, and the
requirements of this subsection, all right, title, and
interest of the United States in and to the land described in
paragraph (2) shall be held in trust by the United States for
the benefit of the Tribe as part of the Reservation upon the
Enforceability Date, provided that the Tribal fee land
described in paragraph (2)(C)--
(A) is free from any liens, encumbrances, or other
infirmities; and
(B) has no existing evidence of any hazardous substances or
other environmental liability.
(2) Lands to be held in trust.--The land referred to in
paragraph (1) is the following:
(A) Bureau of land management lands.--
(i) Approximately 26.15 acres of land located in T. 22 S.,
R. 29 E., sec. 35, Lot 9.
(ii) Approximately 85.50 acres of land located in T. 22 S.,
R. 29 E., sec. 35, Lots 6 and 7.
(iii) Approximately 38.77 acres of land located in--
(I) T. 22 S., R. 30 E., sec. 30, Lot 1; and
(II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7.
(iv) Approximately 154.9 acres of land located in T. 22 S.,
R. 30 E., sec. 34, N\1/4\SW\1/4\ and SW\1/4\SW\1/4\, Lots 2
and 3.
(v) Approximately 40.00 acres of land located in T. 22 S.,
R. 30 E., sec. 34, NE\1/4\SE\1/4\.
(vi) Approximately 375.17 acres of land located in--
(I) T. 22 S., R. 30 E., sec. 35, S\1/2\NE\1/4\, N\1/2\SE\1/
4\, and SE\1/4\SE\1/4\, Lots 3, 4, and 6; and
(II) T. 23 S., R. 30 E., sec. 2, S\1/2\NE\1/4\, Lots 6 and
7.
(vii) Approximately 60.43 acres of land located in--
(I) T. 22 S., R. 30 E., sec. 35, SW\1/4\SW\1/4\; and
(II) T. 23 S., R. 30 E., sec. 2, Lot 9.
(viii) Approximately 15.48 acres of land located in T. 21
S., R. 30 E., sec. 31 in that portion of the NW\1/4\ lying
between Lots 8 and 9.
(ix) Approximately 29.26 acres of land located in T. 21 S.,
R. 30 E., sec. 31, Lot 7.
(B) Forest service lands.--Approximately 9,037 acres of
land comprising the headwaters area of the South Fork Tule
River watershed located east of and adjacent to the Tule
River Indian Reservation, and more particularly described as
follows:
(i) Commencing at the northeast corner of the Tule River
Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount
Diablo Base and Meridian, running thence east and then
southeast along the ridge of mountains dividing the waters of
the South Fork of the Tule River and Middle Fork of the Tule
River, continuing south and then southwest along the ridge of
mountains dividing the waters of the South Fork of the Tule
River and the Upper Kern River until intersecting with the
southeast corner of the Tule River Indian Reservation in T.
22 S., R. 31 E., sec. 28, thence from such point north along
the eastern boundary of the Tule River Indian Reservation to
the place of beginning.
(ii) The area encompasses--
(I) all of secs. 22, 23, 26, 27, 34, 35, and portions of
secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21
S., R. 31 E.; and
(II) all of secs. 3 and 10, and portions of secs. 1, 2, 4,
9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E.
(C) Tribally owned fee lands.--
(i) Approximately 300 acres of land known as the McCarthy
Ranch and more particularly described as follows:
(I) The SW\1/4\ and that portion of the SE\1/4\ of sec. 9
in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the
County of Tulare, State of California, according to the
official plat thereof, lying south and west of the center
line of the South Fork of the Tule River, as such river
existed on June 9, 1886, in the County of Tulare, State of
California; excepting therefrom an undivided one-half
interest in and to the oil, gas, minerals, and other
hydrocarbon substances in, on, or under such land, as
reserved by Alice King Henderson, a single woman, by Deed
dated January 22, 1959, and Recorded February 18, 1959, in
Book 2106, page 241, Tulare County Official Records.
(II) An easement over and across that portion of the SW\1/
4\ of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and
Meridian, County of Tulare, State of California, more
particularly described as follows:
(aa) Beginning at the intersection of the west line of the
SW\1/4\ of sec. 10, and the south bank of the South Tule
Independent Ditch; thence south 20 rods; thence in an
easterly direction, parallel with such ditch, 80 rods; thence
north 20 rods, thence westerly along the south bank of such
ditch 80 rods to the point of beginning; for the purpose of--
(AA) maintaining thereon an irrigation ditch between the
headgate of the King Ditch situated on such land and the
SW\1/4\ and that portion of the SE\1/4\ of sec. 9 in T. 22
S., R. 29 E., lying south and west of the centerline of the
South Fork of the Tule River, as such river existed on June
9, 1886, in the County of Tulare, State of California; and
(BB) conveying therethrough water from the South Fork of
the Tule River to the SW\1/4\ and that portion of the SE\1/4\
of sec. 9 in T. 22 S., R. 29 E., lying south and west of the
centerline of the South Fork of the Tule River, as such river
existed on June 9, 1886.
(bb) The easement described in item (aa) shall follow the
existing route of the King Ditch.
(ii) Approximately 640 acres of land known as the Pierson/
Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo
Base and Meridian, in the County of Tulare, State of
California, according to the official plat thereof.
(iii) Approximately 375.44 acres of land known as the Hyder
property and more particularly described as follows:
(I) That portion of the S\1/2\ of sec. 12 in T. 22 S., R.
28 E., Mount Diablo Base and Meridian, in the County of
Tulare, State of California, according to the official plat
thereof, lying south of the County Road known as Reservation
Road, excepting therefrom an undivided one-half interest in
all oil, gas, minerals, and other hydrocarbon substances as
reserved in the deed from California Lands, Inc., to Lovell
J. Wilson and Genevieve P. Wilson, recorded February 17,
1940, in book 888, page 116, Tulare County Official Records.
(II) The NW\1/4\ of sec. 13 in T. 22 S., R. 28 E., Mount
Diablo Base and Meridian, in the County of Tulare, State of
California, according to the official plat thereof, excepting
therefrom the south 1200 feet thereof.
(III) The south 1200 feet of the NW\1/4\ of sec. 13 in T.
22 S., R. 28 E., Mount Diablo Base and Meridian, in the
County of Tulare, State of California, according to the
official plat thereof.
(iv) Approximately 157.22 acres of land situated in the
unincorporated area of the County of Tulare, State of
California, known as the Trailor property, and more
particularly described as follows: The SW\1/4\ of sec. 11 in
T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the
unincorporated area of the County of Tulare, State of
California, according to the official plat thereof.
(v) Approximately 89.45 acres of land known as the Tomato
Patch in that portion of the SE\1/4\ of sec. 11 in T. 22 S.,
R. 28 E., Mount Diablo Base and Meridian, in the County of
Tulare, State of California, according to the Official Plat
of the survey of such land on file in the Bureau of Land
Management at the date of the issuance of the patent thereof,
and more particularly described as follows: Beginning at the
southeast corner of T. 22 S., R. 28 E., sec. 11, thence north
and along the east line of such sec. 11, 1342 feet, thence
south 83 44' west 258 feet, thence north 84 30' west 456
feet, thence north 65 28' west 800 feet, thence north 68
44' west 295 feet, thence south 71 40' west 700 feet, thence
south 56 41' west 240 feet to the west line of the SE\1/4\
of such sec. 11, thence south 0 21' west along such west
line of the SE\1/4\ of sec. 11, thence west 1427 feet to the
[[Page S4908]]
southwest corner of such SE\1/4\ of sec. 11, thence south 89
34' east 2657.0 feet to the point of beginning, excepting
therefrom--
(I) a strip of land 25 feet in width along the northerly
and east sides and used as a County Road; and
(II) an undivided one-half interest in all oil, gas, and
minerals in and under such lands, as reserved in the Deed
from Bank of America, a corporation, dated August 14, 1935,
filed for record August 28, 1935, Fee Book 11904.
(vi) Approximately 160 acres of land known as the Smith
Mill in the NW\1/4\ of the NE\1/4\, the N\1/2\ of the NW\1/
4\, and the SE\1/4\ of the NW\1/4\ of sec. 20 in T. 21 S., R.
31 E., Mount Diablo Base and Meridian, in the County of
Tulare, State of California, according to the official plat
thereof.
(vii) Approximately 35 acres of land located within the
exterior boundaries of the Tule River Reservation known as
the Highway 190 parcel, with the legal description as
follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount
Diablo Base and Meridian, in the County of Tulare, State of
California, according to the official plat thereof, and more
particularly described as follows: Commencing at a point in
the south line of the N\1/2\ of the S\1/2\ of such sec. 19,
such point being south 89 54' 47'' east, 1500.00 feet of the
southwest corner of such N\1/2\, thence north 52 41' 17''
east, 1602.80 feet to the true point of beginning of the
parcel to be described, thence north 32 02' 00'' west,
1619.53 feet to a point in the southeasterly line of State
Highway 190 per deeds recorded May 5, 1958, in Book 2053,
pages 608 and 613, Tulare County Official Records, thence
north 57 58' 00'' east, 232.29 feet, thence north 66 33'
24'' east, 667.51 fee, thence departing the southeasterly
line of such Highway 190, south 44 53' 27'' east, 913.62
feet, thence south 85 53' 27'' east, 794.53 feet, thence
south 52 41' 17'' west, 1744.64 feet to the true point of
beginning.
(viii) Approximately 61.91 acres of land located within the
exterior boundaries of the Tule River Reservation known as
the Shan King property, with the legal description as
follows:
(I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the
County of Tulare, State of California, as per the map
recorded in Book 41, page 32 of Tulare County Records.
(II)(aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec.
19, Mount Diablo Base and Meridian, in the County of Tulare,
State of California, described as follows: Commencing at a
point in the south line of the N\1/2\ of the S\1/2\ of such
sec. 19, such point being south 89 54' 58'' east, 1500.00
feet of the southwest corner of such N\1/2\, thence north 52
41' 06'' east, 1602.80 feet to the southwesterly corner of
the 40.00 acre parcel shown on the Record of Survey recorded
in Book 18, page 17, of Licensed Surveys, Tulare County
Records, thence, north 32 01' 28'' west, 542.04 feet along
the southwesterly line of such 40.00 acre parcel to the true
point of beginning of the parcel to be described, thence,
continuing north 32 01' 28'' west, 1075.50 feet to the
northwesterly corner of such 40.00 acre parcel, thence north
57 58' 50'' east, 232.31 feet along the southeasterly line
of State Highway 190, thence north 66 34' 12'' east, 6.85
feet, thence, departing the southeasterly line of State
Highway 190 south 29 27' 29'' east, 884.73 feet, thence
south 02 59' 33'' east, 218.00 feet, thence south 57 58'
31'' west, 93.67 feet to the true point of beginning.
(bb) The property described in item (aa) is subject to a
100 foot minimum building setback from the right-of-way of
Highway 190.
(III) Parcel 3: That portion of T. 21 S., R. 29 E., sec.
19, Mount Diablo Base and Meridian, County of Tulare, State
of California, described as follows: Beginning at a point in
the south line of the N\1/2\ of the S\1/2\ of such sec. 19,
such point being south 89 54' 47'' east, 1500.00 feet of the
southwest corner of such N\1/2\, thence north 7 49' 19''
east, 1205.00 feet, thence north 40 00' 00'' west, 850.00
feet to a point in the southeasterly line of State Highway
190, per deeds recorded May 5, 1958, in Book 2053, pages 608
and 613, Tulare County Official Records, thence, north 57
58' 00'' east, 941.46 feet, along the southeasterly line of
such Highway 190, thence departing the southeasterly line of
such Highway 190, south 32 02' 00'' east, 1619.53 feet,
thence south 52 41' 17'' west, 1602.80 feet to the point of
beginning, together with a three-quarters (\3/4\) interest in
a water system, as set forth in that certain water system and
maintenance agreement recorded April 15, 2005, as document
no. 2005-0039177.
(ix) Approximately 18.44 acres of land located within the
exterior boundaries of the Tule River Reservation known as
the Parking Lot 4 parcel with the legal description as
follows: That portion of the land described in that Grant
Deed to Tule River Indian Tribe, recorded June 1, 2010, as
document number 2010-0032879, Tulare County Official Records,
lying within the following described parcel: beginning at a
point on the east line of the NW\1/4\ of sec. 3 in T. 22 S.,
R. 28 E., Mount Diablo Meridian, lying south 0 49' 43''
west, 1670.53 feet from the N\1/4\ corner of such sec. 3,
thence (1) south 89 10' 17'' east, 46.50 feet; thence (2)
north 0 49' 43'' east, 84.08 feet; thence (3) north 33 00'
00'' west, 76.67 feet to the south line of State Route 190 as
described in that Grant Deed to the State of California,
recorded February 14, 1958, in Volume 2038, page 562, Tulare
County Official Records; thence (4) north 0 22' 28'' east,
73.59 feet to the north line of the SE\1/4\ of the NW\1/4\ of
such sec. 3; thence (5) south 89 37' 32'' east, along such
north line, 89.77 feet to the center-north sixteenth corner
of such sec. 3; thence (6) south 0 49' 43'' west, along such
east line of the NW\1/4\ of such sec. 3, a distance of 222.06
feet to the point of beginning. Containing 0.08 acres, more
or less, in addition to that portion lying within Road 284.
Together with the underlying fee interest, if any, contiguous
to the above-described property in and to Road 284. This
conveyance is made for the purpose of a freeway and the
grantor hereby releases and relinquishes to the grantee any
and all abutter's rights including access rights, appurtenant
to grantor's remaining property, in and to such freeway.
Reserving however, unto grantor, grantor's successors or
assigns, the right of access to the freeway over and across
Courses (1) and (2) herein above described. The bearings and
distances used in this description are on the California
Coordinate System of 1983, Zone 4. Divide distances by
0.999971 to convert to ground distances.
(b) Terms and Conditions.--
(1) Existing authorizations.--Any Federal land transferred
under this section shall be conveyed and taken into trust
subject to valid existing rights, contracts, leases, permits,
and rights-of-way, unless the holder of the right, contract,
lease, permit, or right-of-way requests an earlier
termination in accordance with existing law. The Bureau of
Indian Affairs shall assume all benefits and obligations of
the previous land management agency under such existing
rights, contracts, leases, permits, or rights-of-way, and
shall disburse to the Tribe any amounts that accrue to the
United States from such rights, contracts, leases, permits,
or rights-of-ways after the date of transfer from any sale,
bonus, royalty, or rental relating to that land in the same
manner as amounts received from other land held by the
Secretary in trust for the Tribe.
(2) Improvements.--Any improvements constituting personal
property, as defined by State law, belonging to the holder of
a right, contract, lease, permit, or right-of-way on lands
transferred under this section shall remain the property of
the holder and shall be removed not later than 90 days after
the date on which the right, contract, lease, permit, or
right-of-way expires, unless the Tribe and the holder agree
otherwise. Any such property remaining beyond the 90-day
period shall become the property of the Tribe and shall be
subject to removal and disposition at the Tribe's discretion.
The holder shall be liable for the costs the Tribe incurs in
removing and disposing of the property.
(c) Withdrawal of Federal Lands.--
(1) In general.--Subject to valid existing rights,
effective on the date of enactment of this Act, all Federal
lands within the parcels described in subsection (a)(2) are
withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(2) Expiration.--The withdrawals pursuant to paragraph (1)
shall terminate on the date that the Secretary takes the
lands into trust for the benefit of the Tribe pursuant to
subsection (a)(1).
(d) Technical Corrections.--Notwithstanding the
descriptions of the parcels of land in subsection (a)(2), the
United States may, with the consent of the Tribe, make
technical corrections to the legal land descriptions to more
specifically identify the parcels to be exchanged.
(e) Survey.--
(1) Unless the United States or the Tribe requests an
additional survey for the transferred land or a technical
correction is made under subsection (d), the description of
land under this section shall be controlling.
(2) If the United States or the Tribe requests an
additional survey, that survey shall control the total
acreage to be transferred into trust under this section.
(3) The Secretary or the Secretary of Agriculture shall
provide such assistance as may be appropriate--
(A) to conduct additional surveys of the transferred land;
and
(B) to satisfy administrative requirements necessary to
accomplish the land transfers under this section.
(f) Date of Transfer.--The Secretary shall issue trust
deeds for all land transfers under this section by not later
than 10 years after the Enforceability Date.
(g) Restriction on Gaming.--Lands taken into trust pursuant
to this section shall not be considered to have been taken
into trust for, nor eligible for, class II gaming or class
III gaming (as those terms are defined in section 4 of the
Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(h) Status of Water Rights on Transferred Lands.--Any water
rights associated with lands transferred pursuant to
subparagraphs (A) through (C) of subsection (a)(2) shall be
held in trust for the Tribe but shall not be included in the
Tribal Water Right.
SEC. 1099E. SATISFACTION OF CLAIMS.
The benefits provided under this subtitle shall be in
complete replacement of, complete substitution for, and full
satisfaction of any claim of the Tribe against the United
States that is waived and released by the Tribe under section
1099F(a).
SEC. 1099F. WAIVERS AND RELEASES OF CLAIMS.
(a) In General.--
(1) Waivers and releases of claims by the tribe and the
united states as trustee for the tribe.--Subject to the
reservation of rights and retention of claims set forth in
subsection (c), as consideration for recognition of the
Tribe's Tribal Water Right and
[[Page S4909]]
other benefits described in the 2007 Agreement and this
subtitle, the Tribe and the United States, acting as trustee
for the Tribe, shall execute a waiver and release of all
claims for the following:
(A) All claims for water rights within the State of
California based on any and all legal theories that the Tribe
or the United States acting as trustee for the Tribe,
asserted or could have asserted in any proceeding, including
a general stream adjudication, on or before the
Enforceability Date, except to the extent that such rights
are recognized in the 2007 Agreement and this subtitle.
(B) All claims for damages, losses, or injuries to water
rights or claims of interference with, diversion, or taking
of water rights (including claims for injury to lands
resulting from such damages, losses, injuries, interference
with, diversion, or taking of water rights) within California
against the State, or any person, entity, corporation, or
municipality, that accrued at any time up to and including
the Enforceability Date.
(2) Waiver and release of claims by the tribe against the
united states.--Subject to the reservation of rights and
retention of claims under subsection (c), the Tribe shall
execute a waiver and release of all claims against the United
States (including any agency or employee of the United
States) for water rights within the State of California first
arising before the Enforceability Date relating to--
(A) water rights within the State of California that the
United States, acting as trustee for the Tribe, asserted or
could have asserted in any proceeding, including a general
stream adjudication, except to the extent that such rights
are recognized as part of the Tribal Water Right under this
subtitle;
(B) foregone benefits from nontribal use of water, on and
off the Reservation (including water from all sources and for
all uses);
(C) damage, loss, or injury to water, water rights, land,
or natural resources due to loss of water or water rights
(including damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights, due to loss of water or water
rights, claims relating to interference with, diversion, or
taking of water, or claims relating to a failure to protect,
acquire, replace, or develop water, water rights, or water
infrastructure) within the State of California;
(D) a failure to establish or provide a municipal rural or
industrial water delivery system on the Reservation;
(E) damage, loss, or injury to water, water rights, land,
or natural resources due to construction, operation, and
management of irrigation projects on the Reservation and
other Federal land and facilities (including damages, losses,
or injuries to fish habitat, wildlife, and wildlife habitat);
(F) failure to provide for operation, maintenance, or
deferred maintenance for any irrigation system or irrigation
project;
(G) failure to provide a dam safety improvement to a dam on
the Reservation;
(H) the litigation of claims relating to any water rights
of the Tribe within the State of California;
(I) the negotiation, execution, or adoption of the 2007
Agreement (including exhibits A-F) and this subtitle;
(J) the negotiation, execution, or adoption of operational
rules referred to in article 3.4 of the 2007 Agreement in
connection with any reservoir locations, including any claims
related to the resolution of operational rules pursuant to
the dispute resolution processes set forth in the article 8
of the 2007 Agreement, including claims arising after the
Enforceability Date; and
(K) claims related to the creation or reduction of the
Reservation, including any claims relating to the failure to
ratify any treaties and any claims that any particular lands
were intended to be set aside as a permanent homeland for the
Tribe but were not included as part of the present
Reservation.
(b) Effectiveness.--The waivers and releases under
subsection (a) shall take effect on the Enforceability Date.
(c) Reservation of Rights and Retention of Claims.--
Notwithstanding the waivers and releases under subsection
(a), the Tribe and the United States, acting as trustee for
the Tribe, shall retain--
(1) all claims relating to the enforcement of, or claims
accruing after the Enforceability Date relating to water
rights recognized under the 2007 Agreement, any final court
decree entered in the Federal District Court for the Eastern
District of California, or this subtitle;
(2) all claims relating to the right to use and protect
water rights acquired after the date of enactment of this
Act;
(3) claims regarding the quality of water under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages to natural resources;
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'');
and
(D) any regulations implementing the Acts described in
subparagraphs (A) through (C);
(4) all claims for damage, loss, or injury to land or
natural resources that are not due to loss of water or water
rights, including hunting, fishing, gathering, or cultural
rights; and
(5) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to this
subtitle or the 2007 Agreement.
(d) Effect of 2007 Agreement and Subtitle.--Nothing in the
2007 Agreement or this subtitle--
(1) affects the authority of the Tribe to enforce the laws
of the Tribe, including with respect to environmental
protections or reduces or extends the sovereignty (including
civil and criminal jurisdiction) of any government entity;
(2) affects the ability of the United States, acting as
sovereign, to carry out any activity authorized by law,
including--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(E) any regulations implementing the Acts described in
subparagraphs (A) through (D);
(3) affects the ability of the United States to act as
trustee for any other Indian Tribe or an allotee of any other
Indian Tribe;
(4) confers jurisdiction on any State court--
(A) to interpret Federal law relating to health, safety, or
the environment;
(B) to determine the duties of the United States or any
other party under Federal law regarding health, safety, or
the environment;
(C) to conduct judicial review of any Federal agency
action; or
(D) to interpret Tribal law; or
(5) waives any claim of a member of the Tribe in an
individual capacity that does not derive from a right of the
Tribe.
(e) Tolling of Claims.--
(1) In general.--Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the
Enforceability Date.
(2) Effect of subsection.--Nothing in this subsection
revives any claim or tolls any period of limitation or time-
based equitable defense that expired before the date of
enactment of this Act.
(3) Limitation.--Nothing in this section precludes the
tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(f) Expiration.--
(1) In general.--This subtitle shall expire in any case in
which the Secretary fails to publish a statement of findings
under section 1099G by not later than--
(A) 8 years from the date of enactment of this Act; or
(B) such alternative later date as is agreed to by the
Tribe and the Secretary, after providing reasonable notice to
the State of California.
(2) Consequences.--If this subtitle expires under paragraph
(1)--
(A) the waivers and releases under subsection (a) shall--
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the 2007 Agreement under section 1099 shall no
longer be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into pursuant to this subtitle,
shall be void;
(D) any unexpended Federal funds appropriated or made
available to carry out the activities authorized by this
subtitle, together with any interest earned on those funds,
and any water rights or contracts to use water and title to
other property acquired or constructed with Federal funds
appropriated or made available to carry out the activities
authorized by this subtitle shall be returned to the Federal
Government, unless otherwise agreed to by the Tribe and the
United States and approved by Congress; and
(E) except for Federal funds used to acquire or construct
property that is returned to the Federal Government under
subparagraph (D), the United States shall be entitled to
offset any Federal funds made available to carry out this
subtitle that were expended or withdrawn, or any funds made
available to carry out this subtitle from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States--
(i) relating to--
(I) water rights in the State of California asserted by--
(aa) the Tribe; or
(bb) any user of the Tribal Water Right; or
(II) any other matter covered by subsection (a)(2); or
(ii) in any future settlement of water rights of the Tribe.
SEC. 1099G. ENFORCEABILITY DATE.
The Enforceability Date shall be the date on which the
Secretary publishes in the Federal Register a statement of
findings that--
(1) to the extent that the 2007 Agreement conflicts with
this subtitle, the 2007 Agreement has been amended to conform
with this subtitle;
(2) the 2007 Agreement, so revised, includes waivers and
releases of claims set forth in section 1099F and has been
executed by the parties, including the United States;
(3) a final judgment and decree approving the 2007
Agreement, including Operation Rules, and binding all parties
to the action has been entered by the Court, and all appeals
have been exhausted;
[[Page S4910]]
(4) all of the amounts authorized to be appropriated under
section 1099C(a) have been appropriated and deposited in the
designated accounts; and
(5) the waivers and releases under section 1099F(a) have
been executed by the Tribe and the Secretary.
SEC. 1099H. BINDING EFFECT; JUDICIAL APPROVAL;
ENFORCEABILITY.
(a) In General.--
(1) Lawsuit.--1 or more Parties may file suit in the Court
requesting the entry of a final judgement and decree
approving the Tribal Water Right and the 2007 Agreement,
provided that no such suit shall be filed until after--
(A) the Tribe has confirmed that the Phase I Reservoir will
be sited at the location described in section 3.4.B.(1) of
the 2007 Agreement and that Exhibit E governs operation of
the Phase I Reservoir; or
(B) the Tribe has selected a substitute site for the Phase
I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007
Agreement and--
(i) the Parties have agreed on Operation Rules and the
Secretary has executed the 2007 Agreement; or
(ii) if the Parties have reached an impasse in attempting
to negotiate Operation Rules, at least 1 Party has developed
proposed Operation Rules to submit for judicial review and
approval, and has shared the proposed Operation Rules with
the other Parties at least 90 days in advance of filing the
lawsuit.
(2) Joining united states as party.--Where suit is filed
pursuant to this subsection, including the satisfaction of
the requirements in subparagraph (A) or (B) of paragraph (1),
the United States may be joined in litigation for the
purposes set forth in this section.
(b) Judicial Approval.--The Court shall have exclusive
jurisdiction to review and determine whether to approve the
Tribal Water Right and the 2007 Agreement, and on doing so
over any cause of action initiated by any Party arising from
a dispute over the interpretation of the 2007 Agreement or
this subtitle, and any cause of action initiated by any Party
for the enforcement of the 2007 Agreement.
(c) Failure To Agree on Operation Rules.--
(1) In general.--Subject to subsection (a)(1)(B)(ii), the
Court shall have jurisdiction over a cause of action that a
Party initiates to establish Operation Rules, where the
Parties failed to reach agreement on such Operation Rules.
(2) Voluntary dispute resolution.--If a suit is filed under
paragraph (1), the Court shall refer the Parties to the
voluntary dispute resolution program of the Court.
(3) Court selection of operation rules.--
(A) In general.--If the voluntary dispute resolution
program does not, after a reasonable amount of time as
determined by the Court, result in agreed-on Operation Rules,
the Court shall set a deadline by which any Party or
Downstream Water User may submit proposed Operation Rules
and, after briefing and hearing evidence, select among the
proffered Operation Rule based on the criteria set forth in
paragraph (4).
(B) Implementation of agreed-on operation rules.--Once the
Court selects Operation Rules pursuant to subparagraph (A),
such Operation Rules shall thereafter control and shall be
implemented by the Parties pursuant to the terms directed by
the Court.
(4) Criteria for court selection of operation rules.--
(A) In general.--The Court shall select the proffered
Operation Rules that, if implemented, would be the most
effective in--
(i) regulating the flows in the South Tule River to comply
with the terms contained in the 2007 Agreement and the
following diversion limits, where the South Tule Independent
Ditch Company's point of diversion is the point of
measurement, including--
(I) where the natural flow is less than 3 cubic feet per
second (referred to in this clause as ``cfs''), the Tribe has
a right to 1 cfs;
(II) where the natural flow is greater than or equal to 3
cfs and less than 5 cfs, the Tribe has a right to 1\1/2\ cfs;
(III) where the natural flow is greater than or equal to 5
cfs and less than 10 cfs, the Tribe has a right to 2 cfs; and
(IV) where the natural flow is greater than or equal to 10
cfs, the Tribe has a right to any amount;
(ii) minimizing adverse impact on the Parties other than
the Tribe; and
(iii) maintaining the right of the Tribe to the reasonable
and economic use of water for domestic and stock purposes on
the Reservation.
(B) Consideration of exhibit e.--In applying the criteria
set forth in subparagraph (A), the Court should consider the
Operation Rules governing the Phase I Reservoir described in
section 3.4.B.(1) of the 2007 Agreement, as set forth in
Exhibit E to the 2007 Agreement, which the Parties agreed on
based on consideration of that criteria.
(C) Inconsistency of proposed operation rules with
criteria.--
(i) In general.--The Court shall not approve the 2007
Agreement if the Court finds that none of the proffered
Operation Rules are consistent with the criteria set forth in
subparagraph (A).
(ii) Alternative operation rules.--If the Court finds that
none of the proffered Operation Rules are consistent with the
criteria set forth in subparagraph (A), the Court may
establish an alternate process to allow the Parties to
develop alternate Operation Rules that are consistent with
that criteria.
SEC. 1099I. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity by the United States.--
Nothing in this subtitle waives the sovereign immunity of the
United States, except as provided in section 1099H(a)(2).
(b) Other Tribes Not Adversely Affected.--Nothing in this
subtitle quantifies or diminishes any land or water right, or
any claim or entitlement to land or water, of an Indian
Tribe, band, or community other than the Tribe.
(c) Other Water Rights of United States Not Adversely
Affected.--Nothing in this subtitle quantifies or diminishes
any other water right held by the United States other than as
a Downstream Water User.
(d) Effect on Current Law.--Nothing in this subtitle
affects any provision of law (including regulations) in
effect on the day before the date of enactment of this Act
with respect to pre-enforcement review of any Federal
environmental enforcement action.
(e) Conflict.--In the event of a conflict between the 2007
Agreement and this subtitle, this subtitle shall control.
SEC. 1099J. ANTIDEFICIENCY.
The United States shall not be liable for any failure to
carry out any obligation or activity authorized by this
subtitle, including any obligation or activity under the 2007
Agreement if adequate appropriations are not provided by
Congress expressly to carry out the purposes of this
subtitle.
______
SA 2566. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. CESAR E. CHAVEZ AND THE FARMWORKER MOVEMENT
NATIONAL HISTORICAL PARK; FARMWORKER
PEREGRINACION NATIONAL HISTORIC TRAIL STUDY.
(a) Cesar E. Chavez and the Farmworker Movement National
Historical Park.--
(1) Purpose.--The purpose of this subsection is to
establish the Cesar E. Chavez and the Farmworker Movement
National Historical Park--
(A) to help preserve, protect, and interpret the nationally
significant resources associated with Cesar Chavez and the
farmworker movement;
(B) to interpret and provide for a broader understanding of
the extraordinary achievements and contributions to the
history of the United States made by Cesar Chavez and the
farmworker movement; and
(C) to support and enhance the network of sites and
resources associated with Cesar Chavez and the farmworker
movement.
(2) Definitions.--In this subsection:
(A) Historical park.--The term ``historical park'' means
the Cesar E. Chavez and the Farmworker Movement National
Historical Park designated by paragraph (3)(A).
(B) Map.--The term ``map'' means the map entitled ``Cesar
E. Chavez and the Farmworker Movement National Historical
Park Proposed Boundary'', numbered 502/179857B, and dated
September 2022.
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(D) States.--The term ``States'' means--
(i) the State of California; and
(ii) the State of Arizona.
(E) Study.--The term ``Study'' means the study conducted by
the National Park Service entitled ``Cesar Chavez Special
Resource Study and Environmental Assessment'' and submitted
to Congress on October 24, 2013.
(3) Redesignation of cesar e. chavez national monument.--
(A) In general.--The Cesar E. Chavez National Monument
established on October 8, 2012, by Presidential Proclamation
8884 (54 U.S.C. 320301 note) is redesignated as the ``Cesar
E. Chavez and the Farmworker Movement National Historical
Park''.
(B) Availability of funds.--Any funds available for the
purposes of the monument referred to in subparagraph (A)
shall be available for the purposes of the historical park.
(C) References.--Any reference in a law, regulation,
document, record, map, or other paper of the United States to
the monument referred to in subparagraph (A) shall be
considered to be a reference to the ``Cesar E. Chavez and the
Farmworker Movement National Historical Park''.
(4) Boundary.--
(A) In general.--The boundary of the historical park shall
include the area identified as ``Cesar E. Chavez National
Monument'' in Keene, California, as generally depicted on the
map.
(B) Inclusion of additional sites.--Subject to subparagraph
(C), the Secretary may include within the boundary of the
historical park the following sites, as generally depicted on
the map:
(i) The Forty Acres in Delano, California.
(ii) Santa Rita Center in Phoenix, Arizona.
(iii) McDonnell Hall in San Jose, California.
(C) Conditions for inclusion.--A site described in
subparagraph (B) shall not be included in the boundary of the
historical park until--
[[Page S4911]]
(i) the date on which the Secretary acquires the land or an
interest in the land at the site; or
(ii) the date on which the Secretary enters into a written
agreement with the owner of the site providing that the site
shall be managed in accordance with this subsection.
(D) Notice.--Not later than 30 days after the date on which
the Secretary includes a site described in subparagraph (B)
in the historical park, the Secretary shall publish in the
Federal Register notice of the addition to the historical
park.
(5) Availability of map.--The map shall be available for
public inspection in the appropriate offices of the National
Park Service.
(6) Land acquisition.--The Secretary may acquire land and
interests in land within the area generally depicted on the
map as ``Proposed NPS Boundary'' by donation, purchase from a
willing seller with donated or appropriated funds, or
exchange.
(7) Administration.--
(A) In general.--The Secretary shall administer the
historical park in accordance with--
(i) this subsection; and
(ii) the laws generally applicable to units of the National
Park System, including--
(I) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54, United
States Code; and
(II) chapter 3201 of title 54, United States Code.
(B) Interpretation.--The Secretary may provide technical
assistance and public interpretation of historic sites,
museums, and resources on land not administered by the
Secretary relating to the life of Cesar E. Chavez and the
history of the farmworker movement.
(C) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the States, local governments,
public and private organizations, and individuals to provide
for the preservation, development, interpretation, and use of
the historical park.
(8) General management plan.--
(A) In general.--Not later than 3 years after the date on
which funds are made available to carry out this paragraph,
the Secretary shall prepare a general management plan for the
historical park in accordance with section 100502 of title
54, United States Code.
(B) Additional sites.--
(i) In general.--The general management plan prepared under
subparagraph (A) shall include a determination of whether
there are--
(I) sites located in the Coachella Valley in the State of
California that were reviewed in the Study that should be
added to the historical park;
(II) additional representative sites in the States that
were reviewed in the Study that should be added to the
historical park; or
(III) sites outside of the States in the United States that
relate to the farmworker movement that should be linked to,
and interpreted at, the historical park.
(ii) Recommendation.--On completion of the preparation of
the general management plan under subparagraph (A), the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives any recommendations
for additional sites to be included in the historical park.
(C) Consultation.--The general management plan under
subparagraph (A) shall be prepared in consultation with--
(i) any owner of land that is included within the
boundaries of the historical park; and
(ii) appropriate Federal, State, and Tribal agencies,
public and private organizations, and individuals,
including--
(I) the National Chavez Center; and
(II) the Cesar Chavez Foundation.
(b) Farmworker Peregrinacion National Historic Trail
Study.--Section 5(c) of the National Trails System Act (16
U.S.C. 1244(c)) is amended by adding at the end the
following:
``(50) Farmworker peregrinacion national historic trail.--
The Farmworker Peregrinacion National Historic Trail, a route
of approximately 300 miles taken by farmworkers between
Delano and Sacramento, California, in 1966, as generally
depicted as `Alternative C' in the study conducted by the
National Park Service entitled `Cesar Chavez Special Resource
Study and Environmental Assessment' and submitted to Congress
on October 24, 2013.''.
______
SA 2567. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. NATIONAL ACADEMY OF SCIENCES STUDY OF RESERVATION
SYSTEMS FOR RECREATION ACTIVITIES ON FEDERAL
LAND.
(a) Definitions.--In this section:
(1) Booking window.--The term ``booking window'', with
respect to a reservation system, means the time period during
which a reservation or lottery entry is available to the
public.
(2) Federal land.--The term ``Federal land'' means--
(A) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(B) National Forest System land;
(C) units of the National Park System;
(D) units of the National Wildlife Refuge System;
(E) sites administered by the Bureau of Reclamation; and
(F) sites administered by the Corps of Engineers.
(3) Recreation activity.--The term ``recreation activity''
includes camping, backpacking, climbing, fishing, hiking,
driving, and other recreational opportunities.
(4) Reservation system.--
(A) In general.--The term ``reservation system'' means any
platform or method used by managers of Federal land to ration
recreation activities.
(B) Inclusions.--The term ``reservation system'' includes
reservation, lottery, metering, pricing, merit-based, and
other similar rationing methods via online, telephone, paper,
in-person, or other methods.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Study.--
(1) In general.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of the Army,
acting through the Chief of Engineers, shall, not later than
60 days after the date of enactment of this Act, enter into
an agreement with the National Academy of Sciences to carry
out a study of reservation systems for recreation activities
on Federal land.
(2) Requirements.--In carrying out the study under
paragraph (1), the National Academy of Sciences shall carry
out the following:
(A) A comprehensive review of the history of reservation
systems, such as recreation.gov, including a review of--
(i) the studies that led to the establishment of the
applicable reservation system;
(ii) the iterations of the applicable reservation system
over time to meet the needs of the applicable Federal agency;
and
(iii) any visitor feedback provided with respect to the
applicable reservation system.
(B) Based on available data and existing research, answer
the following questions:
(i) What are the benefits and challenges of implementing
reservation systems for visitor management and conservation
goals for Federal land?
(ii) What data are available to understand demand for
recreation on Federal land? How can the data be used to
balance visitor management and conservation goals?
(iii) What information is available regarding Federal land
users and reservation system users? What information is
available or needs to be collected regarding demographics and
characteristics of successful applicants using the
reservation systems?
(iv) What best practices should guide reservation system
design, including diversity of rationing mechanisms and
booking windows, and would promote equal access to recreation
activities? What metrics can be used to record outcomes of
reservation system design?
(v) How have fees been collected for reservation systems
over time to meet the needs of the applicable Federal agency?
How are the revenues from fees for reservation systems split
between, and spent by, Federal land units, Federal agencies,
and third-party contractors? How is the fee structure
disseminated to users? How could dissemination of information
with respect to the fee structure be improved?
(vi) What are the odds of success with respect to securing
a reservation under reservation systems? How are the odds of
success disseminated to users? How could dissemination of
information with respect to the odds of success be improved?
(vii) How are data, including data collected by
contractors, on reservation systems shared with Federal land
managers, researchers, and the public? How can transparency
be improved to inform the decisionmaking of users of
reservation systems?
(c) Report.--The agreement entered into under subsection
(b)(1) shall include a requirement that, not later than 18
months after the date of enactment of this Act, the National
Academy of Sciences shall submit to the appropriate
committees of Congress a report that describes the results of
the study carried out under subsection (b)(1).
______
SA 2568. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. LAND TO BE TAKEN INTO TRUST FOR THE JAMUL INDIAN
VILLAGE OF CALIFORNIA.
(a) In General.--The approximately 172.1 acres of land
owned in fee by the Jamul Indian Village of California
located in San Diego, California, and described in subsection
(b) are hereby taken into trust by
[[Page S4912]]
the United States for the benefit of the Jamul Indian Village
of California.
(b) Land Descriptions.--The land referred to in subsection
(a) is the following:
(1) Parcel 1.--The parcels of land totaling approximately
161.23 acres, located in San Diego County, California, that
are held in fee by the Jamul Indian Village of California, as
legally described in Document No. 2022-0010260 in the
Official Records of the Office of the Recorder, San Diego
County, California, and recorded January 7, 2022.
(2) Parcel 2.--The parcel of land totaling approximately 6
acres, located in San Diego County, California, that is held
in fee by the Jamul Indian Village of California, as legally
described in Document No. 2021-0540770 in the Official
Records of the Office of the Recorder, San Diego County,
California, and recorded July 29, 2021.
(3) Parcel 3.--The parcel of land totaling approximately
4.03 acres, located in San Diego County, California, that is
held in fee by the Jamul Indian Village of California, as
legally described in Document No. 1998-0020339 in the
Official Records of the Office of the Recorder, San Diego
County, California, and recorded January 15, 1998.
(4) Parcel 4.--The parcel of land comprised of
approximately 0.84 acres, located in San Diego County,
California, that is held in fee by the Jamul Indian Village
of California, as legally described in Document No. 2017-
0410384 in the Official Records of the Office of the
Recorder, San Diego County, California, and recorded
September 7, 2017.
(c) Future Trust Land.--On acquisition by the Jamul Indian
Village of California of the land depicted as ``Proposed 1.1.
acres'' on the map of the California Department of Fish and
Wildlife entitled ``Amended Acres Proposal'' and dated May
2023, that land shall be taken into trust by the United
States for the benefit of the Jamul Indian Village of
California.
(d) Administration.--Land taken into trust under
subsections (a) and (c) shall be--
(1) part of the reservation of the Jamul Indian Village of
California; and
(2) administered in accordance with the laws and
regulations generally applicable to property held in trust by
the United States for the benefit of an Indian Tribe.
(e) Gaming Prohibited.--Land taken into trust under
subsections (a) and (c) shall not be used for any class II
gaming or class III gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) (as those terms are defined in
section 4 of that Act (25 U.S.C. 2703)).
______
SA 2569. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. SUPERCOMPUTING FOR SAFER CHEMICALS (SUPERSAFE)
CONSORTIUM.
(a) Establishment.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in consultation with the heads of
relevant Federal agencies (including the Secretary of Health
and Human Services and the Secretary of Energy), shall form a
consortium, to be known as the ``Supercomputing for Safer
Chemicals (SUPERSAFE) Consortium'' (referred to in this
section as the ``Consortium''). The Consortium shall include
the National Laboratories of the Department of Energy,
academic and other research institutions, and other entities,
as determined by the Administrator, to carry out the
activities described in subsection (b).
(2) Inclusion of state agencies.--The Administrator shall
allow the head of a relevant State agency to join the
Consortium on request of the State agency.
(b) Consortium Activities.--
(1) In general.--The Consortium shall use supercomputing,
machine learning, and other similar capabilities--
(A) to establish rapid approaches for large-scale
identification of toxic substances and the development of
safer alternatives to toxic substances by developing and
validating computational toxicology methods based on unique
high-performance computing, artificial intelligence, machine
learning, and precision measurements;
(B) to address the need to identify safe chemicals for use
in consumer and industrial products and in their manufacture
to support the move away from toxic substances and toward
safe-by-design alternatives; and
(C) to make recommendations on how the information produced
can be applied in risk assessments and other
characterizations for use by the Environmental Protection
Agency and other agencies in regulatory decisions, and by
industry in identifying toxic and safer chemicals.
(2) Models.--In carrying out paragraph (1), the
Consortium--
(A) shall use supercomputers and other virtual tools to
develop, validate, and run models to predict adverse health
effects caused by toxic substances and to identify safe
chemicals for use in products and manufacturing; and
(B) may utilize, as needed, appropriate biological test
systems to test and evaluate approaches and improve their
predictability and reliability in industrial and regulatory
applications.
(c) Public Results.--The Consortium shall make model
predictions, along with supporting documentation, available
to the public in an accessible format.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section--
(1) for fiscal year 2025, $20,000,000;
(2) for fiscal year 2026, $30,000,000; and
(3) for each of fiscal years 2027 through 2029,
$35,000,000.
______
SA 2570. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. LYTTON RANCHERIA OF CALIFORNIA LAND REAFFIRMATION.
(a) In General.--Notwithstanding any other provision of
law, the Lytton Rancheria of California is subject to the Act
of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (48 Stat. 984, chapter 576; 25 U.S.C.
5101 et seq.), and the Secretary of the Interior may acquire
and take into trust land for the benefit of the Lytton
Rancheria of California pursuant to section 5 of that Act (25
U.S.C. 5108).
(b) Land To Be Made Part of the Reservation.--Land taken
into trust pursuant to subsection (a) shall be--
(1) part of the reservation of the Lytton Rancheria of
California; and
(2) administered in accordance with the laws and
regulations generally applicable to property held in trust by
the United States for an Indian Tribe.
______
SA 2571. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA
BOUNDARY ADJUSTMENT.
(a) Boundary Adjustment.--Section 507(c) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)) is
amended by striking paragraph (1) and inserting the
following:
``(1) Boundary.--
``(A) In general.--The recreation area shall consist of--
``(i) the land, water, and interests in land and water
generally depicted as the recreation area on the map entitled
`Santa Monica Mountains National Recreation Area and Santa
Monica Mountains Zone, California, Boundary Map', numbered
80,047-C, and dated August 2001; and
``(ii) the land, water, and interests in land and water, as
generally depicted as `Proposed Addition' on the map entitled
`Rim of the Valley Unit--Santa Monica Mountains National
Recreation Area', numbered 638/147,723, and dated April 2023.
``(B) Availability of maps.--The maps described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
``(C) Revisions.--After advising the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives, in
writing, of the proposed revision, the Secretary may make
minor revisions to the boundaries of the recreation area by
publication of a revised drawing or other boundary
description in the Federal Register.''.
(b) Administration.--Any land or interest in land acquired
by the Secretary of the Interior within the Rim of the Valley
Unit shall be administered as part of the Santa Monica
Mountains National Recreation Area (referred to in this
section as the ``National Recreation Area'') in accordance
with the laws (including regulations) applicable to the
National Recreation Area.
(c) Utilities and Water Resource Facilities.--The addition
of the Rim of the Valley Unit to the National Recreation Area
shall not affect the operation, maintenance, or modification
of water resource facilities or public utilities within the
Rim of the Valley Unit, except that any utility or water
resource facility activities in the Rim of the Valley Unit
shall be conducted in a manner that reasonably avoids or
reduces the impact of the activities on resources of the Rim
of the Valley Unit.
______
SA 2572. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for
[[Page S4913]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. PERMANENT AUTHORIZATION TO COLLECT SHASTA-TRINITY
NATIONAL FOREST MARINA FEES.
Section 422 of the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2008 (Public Law
110-161; 121 Stat. 2149; 123 Stat. 747; 128 Stat. 346), is
amended by striking ``through fiscal year 2019''.
______
SA 2573. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. ADDITION OF CASTLE MOUNTAINS NATIONAL MONUMENT
LAND TO THE MOJAVE NATIONAL PRESERVE,
CALIFORNIA.
(a) Boundary Adjustment.--The boundary of the Mojave
National Preserve established by section 502 of the
California Desert Protection Act of 1994 (16 U.S.C. 410aaa-
42) (referred to in this section as the ``Preserve'') is
adjusted to include the Federal land described in subsection
(b).
(b) Description of Federal Land.--The Federal land referred
to in subsection (a) is the approximately 20,920 acres of
land designated as the Castle Mountains National Monument by
Presidential Proclamation Number 9394, dated February 12,
2016 (54 U.S.C. 320301 note), as depicted on the map
accompanying the proclamation.
(c) Availability of Map.--The map referred to in subsection
(b) shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(d) Administration.--The Secretary of the Interior (acting
through the Director of the National Park Service) shall
administer the Federal land added to the Preserve by
subsection (a)--
(1) as part of the Preserve; and
(2) in accordance with applicable laws (including
regulations).
______
SA 2574. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
CERTAIN FEDERAL LAND IN THE STATE OF
CALIFORNIA.
(a) Transfer of Administrative Jurisdiction.--
(1) National forest system land.--Administrative
jurisdiction over the approximately 160 acres of National
Forest System land more particularly described as T.1 S.,
R.19 E., sec. 24, SE\1/4\NE\1/4\, NW\1/4\SE\1/4\, NE\1/
4\SE\1/4\, and SE\1/4\SE\1/4\, Mount Diablo Meridian,
Tuolumne County, California, as generally depicted on the map
entitled ``Ackerson Meadow Land Interchange'' and dated
February 24, 2022, is transferred to the Secretary of the
Interior to be managed as part of Yosemite National Park, in
accordance with laws applicable to the National Park System.
(2) National park system land.--Administrative jurisdiction
over the approximately 170 acres of National Park System land
more particularly described as the SE\1/4\ of sec. 23 and the
land to the north and west of Road 1S25 within the NW\1/
4\SE\1/4\NW\1/4\ of sec. 24, T.1 S., R. 19 E., Mount Diablo
Meridian, Tuolumne County, California, as generally depicted
on the map entitled ``Ackerson Meadow Land Interchange'' and
dated February 24, 2022, is transferred to the Secretary of
Agriculture to be managed as part of Stanislaus National
Forest in accordance with laws applicable to the National
Forest System.
(b) Corrections.--
(1) Minor adjustments.--The Secretary of Agriculture and
the Secretary of the Interior may, by mutual agreement, make
minor corrections and adjustments to the Federal land
transferred under subsection (a) to facilitate land
management, including making a correction or adjustment to
any applicable survey.
(2) Publications.--Any correction or adjustment made under
paragraph (1) shall be effective on the date of publication
of a notice of the correction or adjustment in the Federal
Register.
(c) Hazardous Substances.--
(1) Notice.--The Secretary of Agriculture and the Secretary
of the Interior shall, with respect to the land described in
paragraphs (1) and (2) of subsection (a), respectively--
(A) identify any known sites containing hazardous
substances; and
(B) provide to the head of the Federal agency to which the
land is being transferred under subsection (a) notice of any
site containing hazardous substances, as identified under
subparagraph (A).
(2) Cleanup obligations.--To the same extent as on the day
before the date of enactment of this Act, with respect to any
Federal liability--
(A) the Secretary shall remain responsible for any cleanup
of hazardous substances on the Federal land described in
subsection (a)(1); and
(B) the Secretary of the Interior shall remain responsible
for any cleanup of hazardous substances on the Federal land
described in subsection (a)(2).
(d) Effect on Existing Rights and Authorizations.--Nothing
in this section affects--
(1) any valid existing rights; or
(2) the validity or terms and conditions of any existing
withdrawal, right-of-way, easement, lease, license, or permit
on the land to which administrative jurisdiction is
transferred under this section, except that beginning on the
date of enactment of this Act, the head of the agency to
which administrative jurisdiction over the land is
transferred shall be responsible for administering the
interests or authorizations in accordance with applicable
law.
______
SA 2575. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--CALIFORNIA PUBLIC LANDS
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Protecting Unique and
Beautiful Landscapes by Investing in California Lands Act''
or the ``PUBLIC Lands Act''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(2) State.--The term ``State'' means the State of
California.
TITLE I--CALIFORNIA FOREST RESTORATION, RECREATION, AND CONSERVATION
Subtitle A--Forest Restoration
SEC. 5111. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19
of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(2) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(3) Restoration area.--The term ``restoration area'' means
the South Fork Trinity-Mad River Restoration Area established
by subsection (b).
(4) Shaded fuel break.--The term ``shaded fuel break''
means a vegetation treatment that--
(A) reduces fuel characteristics in order to affect fire
behavior such that a fire can be more readily controlled; and
(B) retains, to the maximum extent practicable--
(i) adequate canopy cover to suppress plant regrowth in the
forest understory following treatment; and
(ii) the largest and most vigorous trees in order to
provide the most shade per tree over the longest period of
time.
(b) Establishment.--Subject to valid existing rights, there
is established the South Fork Trinity-Mad River Restoration
Area, comprising approximately 871,414 acres of Federal land
administered by the Forest Service and the Bureau of Land
Management, as generally depicted on the map entitled ``South
Fork Trinity-Mad River Restoration Area'' and dated May 15,
2020.
(c) Purposes.--The purposes of the Restoration Area are--
(1) to establish, restore, and maintain fire-resilient
mature and late successional forests, as ecologically
appropriate;
(2) to protect and restore aquatic habitat and anadromous
fisheries;
(3) to protect the quality of water;
(4) to reduce the threat posed by wildfires to neighboring
communities; and
(5) to allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the Restoration
Area.
(d) Collaborative Restoration and Fire Management Plans.--
Not later than 2 years after the date of enactment of this
Act, the Secretary of Agriculture and Secretary of
[[Page S4914]]
the Interior shall jointly submit to Congress--
(1) a plan to conduct restoration activities and improve
the ecological integrity of the restoration area; and
(2) an updated fire management plan for the land that
includes the restoration area.
(e) Collaboration Requirement.--In developing the plans
required under subsection (d), the Secretary shall solicit
input from a collaborative group that--
(1) includes--
(A) appropriate representatives of State and local
governments; and
(B) multiple interested persons representing diverse
interests; and
(2) is transparent and inclusive.
(f) Fire Management Plan Components.--The updated fire
management plan required under subsection (d)(2) shall, to
the maximum extent practicable, include--
(1) the use of prescribed fire; and
(2) the use of shaded fuel breaks.
(g) Management.--
(1) In general.--The Secretary shall conduct restoration
activities in a manner consistent with the plans required
under subsection (d).
(2) Conflict of laws.--
(A) In general.--The establishment of the restoration area
shall not modify the management status of any land or water
that is designated as a component of the National Wilderness
Preservation System or the National Wild and Scenic Rivers
System, including land or water designated as a component of
the National Wilderness Preservation System or the National
Wild and Scenic Rivers System by this division(including an
amendment made by this division).
(B) Resolution of conflict.--If there is a conflict between
a law applicable to a component described in subparagraph (A)
and this section, the more restrictive provision shall
control.
(h) Withdrawal.--Subject to valid existing rights, the
restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5112. CALIFORNIA PUBLIC LAND REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Land Remediation Partnership established by
subsection (b).
(2) Priority land.--The term ``priority land'' means
Federal land in the State that is determined by the
partnership to be a high-priority for remediation.
(3) Remediation.--
(A) In general.--The term ``remediation'' means to
facilitate the recovery of land or water that has been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity.
(B) Inclusions.--The term ``remediation'' includes--
(i) the removal of trash, debris, or other material; and
(ii) establishing the composition, structure, pattern, and
ecological processes necessary to facilitate terrestrial or
aquatic ecosystem sustainability, resilience, or health under
current and future conditions.
(b) Establishment.--There is established the California
Public Land Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to
support coordination of activities among Federal, State,
Tribal, and local authorities and the private sector in the
remediation of priority land in the State affected by illegal
marijuana cultivation or another illegal activity.
(d) Membership.--The members of the partnership shall
include the following:
(1) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(2) The Secretary of the Interior (or a designee) to
represent--
(A) the United States Fish and Wildlife Service;
(B) the Bureau of Land Management; and
(C) the National Park Service.
(3) The Director of the Office of National Drug Control
Policy (or a designee).
(4) The Secretary of the State Natural Resources Agency (or
a designee) to represent the California Department of Fish
and Wildlife.
(5) A designee of the California State Water Resources
Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) 1 member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
(8) 1 member to represent nongovernmental organizations
with an interest in Federal land remediation, to be appointed
by the Secretary of Agriculture.
(9) 1 member to represent local governmental interests, to
be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A subject matter expert to provide expertise and
advice on methods needed for remediation efforts, to be
appointed by the Secretary of Agriculture.
(12) A designee of the National Guard Counterdrug Program.
(13) Any other members that are determined to be
appropriate by the partnership.
(e) Duties.--To further the purposes of this section and
subject to subsection (f), the partnership shall--
(1) identify priority land for remediation in the State;
(2) secure voluntary contributions of resources from
Federal sources and non-Federal sources for remediation of
priority land in the State;
(3) support efforts by Federal, State, Tribal, and local
agencies and nongovernmental organizations in carrying out
remediation of priority land in the State;
(4) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority land in the State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts on priority land in the State, to the
maximum extent practicable; and
(6) carry out any other administrative or advisory
activities necessary to address remediation of priority land
in the State.
(f) Limitation.--Nothing in this section limits the
authorities of the Federal, State, Tribal, and local entities
that comprise the partnership.
(g) Authorities.--Subject to the prior approval of the
Secretary of Agriculture and consistent with applicable law
(including regulations), the partnership may--
(1) provide grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to Federal agencies, the State,
political subdivisions of the State, nonprofit organizations,
and other interested persons;
(3) identify opportunities for collaborative efforts among
members of the partnership;
(4) hire and compensate staff;
(5) obtain funds or services from any source, including--
(A) Federal funds (including funds and services provided
under any other Federal law or program); and
(B) non-Federal funds;
(6) coordinate to identify sources of funding or services
that may be available for remediation activities;
(7) seek funds or services from any source, including--
(A) Federal funds (including funds and services provided
under any other Federal law or program); and
(B) non-Federal funds; and
(8) support--
(A) activities of partners; and
(B) any other activities that further the purposes of this
section.
(h) Procedures.--The partnership shall establish any
internal administrative procedures for the partnership that
the partnership determines to be necessary or appropriate.
(i) Local Hiring.--The partnership shall, to the maximum
extent practicable and in accordance with existing law, give
preference to local entities and individuals in carrying out
this section.
(j) Service Without Compensation.--A member of the
partnership shall serve without pay.
(k) Duties and Authorities of the Secretaries.--
(1) In general.--The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of
Agriculture and the Secretary of the Interior may provide
technical and financial assistance, on a reimbursable or
nonreimbursable basis, as determined to be appropriate by the
Secretary of Agriculture or the Secretary of the Interior, as
applicable, to the partnership or any members of the
partnership to carry out this section.
(3) Cooperative agreements.--The Secretary of Agriculture
and the Secretary of the Interior may enter into cooperative
agreements with the partnership, any member of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
section.
SEC. 5113. LAND AND RESOURCE MANAGEMENT PLANS.
In revising the land and resource management plan for the
Shasta-Trinity and Six Rivers National Forests, the Secretary
of Agriculture shall consider the purposes of the South Fork
Trinity-Mad River Restoration Area established by section
5111(b).
SEC. 5114. ANNUAL FIRE MANAGEMENT PLANS.
In revising the fire management plan for a wilderness area
or wilderness addition designated by section 5141(a), the
Secretary shall--
(1) develop spatial fire management plans in accordance
with--
(A) the Guidance for Implementation of Federal Wildland
Fire Management Policy, dated February 13, 2009, including
any amendments to the guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be used to
achieve ecological management objectives of wilderness and
other natural or primitive areas; and
(B) in the case of a wilderness area to which land is added
under section 5141, provides consistent direction regarding
fire management to the entire wilderness area, including the
wilderness addition;
(3) consult with--
(A) appropriate State, Tribal, and local governmental
entities; and
[[Page S4915]]
(B) members of the public; and
(4) comply with applicable law (including regulations).
Subtitle B--Recreation
SEC. 5121. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of Agriculture (referred to in this section as the
``Secretary''), in cooperation with the Secretary of the
Interior, shall prepare and submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a study
that describes the feasibility of establishing a nonmotorized
Bigfoot National Recreation Trail that follows the route
described in paragraph (2).
(2) Route.--The route referred to in paragraph (1) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, following the route as
generally depicted on the map entitled ``Bigfoot National
Recreation Trail--Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate Federal, State, Tribal, regional, and local
agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--On completion of the study under
subsection (a), if the Secretary determines that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail under section 4
of the National Trails System Act (16 U.S.C. 1243), the
Secretary shall designate the Bigfoot National Recreation
Trail (referred to in this section as the ``trail'') in
accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et
seq.);
(B) this title; and
(C) other applicable law (including regulations).
(2) Administration.--On designation by the Secretary, the
trail shall be administered by the Secretary, in consultation
with--
(A) other Federal, State, Tribal, regional, and local
agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be located on
non-Federal land without the written consent of the
landowner.
(B) Prohibition.--The Secretary shall not acquire for the
trail any land or interest in land outside the exterior
boundary of any federally managed area without the consent of
the owner of the land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(ii) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with
State, Tribal, and local government entities and private
entities--
(1) to complete necessary trail construction,
reconstruction, realignment, or maintenance; or
(2) carry out education projects relating to the trail.
(d) Map.--
(1) Map required.--On designation of the trail, the
Secretary shall prepare a map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
SEC. 5122. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture (referred to in this section as the
``Secretary''), after providing an opportunity for public
comment, shall designate a trail (which may include a system
of trails)--
(A) for use by off-highway vehicles, mountain bicycles, or
both; and
(B) to be known as the ``Elk Camp Ridge Recreation Trail''
(referred to in this section as the ``trail'').
(2) Requirements.--In designating the trail under paragraph
(1), the Secretary shall only include routes that are--
(A) as of the date of enactment of this Act, authorized for
use by off-highway vehicles, mountain bicycles, or both; and
(B) located on land that is managed by the Forest Service
in Del Norte County in the State.
(3) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable law (including
regulations);
(B) in a manner that ensures the safety of citizens who use
the trail; and
(C) in a manner that minimizes any damage to sensitive
habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of
off-highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State
and Del Norte County in the State and subject to paragraph
(4), may temporarily close or permanently reroute a portion
of the trail if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitat;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3) may
be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the closure of the
portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use; and
(B) if the Secretary determines that rerouting the portion
of the trail would not significantly increase or decrease the
length of the trail.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(A) the placement of appropriate signage along the trail;
and
(B) the distribution of maps, safety education materials,
and other information that the Secretary determines to be
appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 5123. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall study the
feasibility and public interest of constructing a
recreational trail for nonmotorized uses around Trinity Lake
(referred to in this section as the ``trail'').
(2) Construction.--
(A) Construction authorized.--Subject to appropriations and
in accordance with paragraph (3), if the Secretary determines
under paragraph (1) that the construction of the trail is
feasible and in the public interest, the Secretary may
provide for the construction of the trail.
(B) Use of volunteer services and contributions.--The trail
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally applicable
to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 5124. CONDOR NATIONAL SCENIC TRAIL STUDY.
(a) In General.--The Secretary of Agriculture shall conduct
a study that addresses the feasibility of, and alternatives
for, connecting the northern and southern portions of the Los
Padres National Forest by establishing a trail across the
applicable portions of the northern and southern Santa Lucia
Mountains of the southern California Coastal Range by
designating the Condor National Scenic Trail as a component
of the National Trails System.
(b) Contents.--In carrying out the study required under
subsection (a), the Secretary of Agriculture shall--
(1) comply with the requirements for studies for a national
scenic trail described in section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b));
(2) provide for a continual hiking route through and
connecting the southern and northern sections of the Los
Padres National Forest;
(3) promote recreational, scenic, wilderness, and cultural
values;
(4) enhance connectivity with the overall system of
National Forest System trails;
(5) consider new connectors and realignment of existing
trails;
(6) emphasize safe and continuous public access, dispersal
from high-use areas, and suitable water sources; and
(7) to the extent practicable, provide all-year use.
(c) Additional Requirement.--In completing the study
required under subsection (a), the Secretary of Agriculture
shall consult with--
(1) appropriate Federal, State, Tribal, regional, and local
agencies;
(2) private landowners;
(3) nongovernmental organizations; and
(4) members of the public.
[[Page S4916]]
(d) Submission.--The Secretary of Agriculture shall submit
the study required under subsection (a) to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 5125. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary of
Agriculture, in consultation with interested parties, shall
conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not
designated as wilderness within the Santa Barbara, Ojai, and
Mt. Pinos ranger districts of the Los Padres National Forest.
SEC. 5126. TRAILS STUDY.
(a) In General.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of Agriculture, in accordance with subsection (b)
and in consultation with interested parties, shall conduct a
study--
(1) to improve motorized and nonmotorized recreation trail
opportunities (including mountain bicycling) on land not
designated as wilderness within the portions of the Six
Rivers, Shasta-Trinity, and Mendocino National Forests
located in Del Norte, Humboldt, Trinity, and Mendocino
Counties in the State; and
(2) of the feasibility of opening a new trail, for vehicles
measuring 50 inches or less, connecting Forest Service
Highway 95 to the existing off-highway vehicle trail system
in the Ballinger Canyon Off-Highway Vehicle Area.
(b) Consultation.--In carrying out the study under
subsection (a), the Secretary of Agriculture shall consult
with the Secretary of the Interior regarding opportunities to
improve, through increased coordination, recreation trail
opportunities on land under the jurisdiction of the Secretary
of the Interior that shares a boundary with the National
Forest System land described in subsection (a)(1).
SEC. 5127. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 3 years after the
date on which funds are made available to carry out this
section, the Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall study the feasibility and
public interest of constructing recreational trails for
mountain bicycling and other nonmotorized uses on the routes
as generally depicted in the report entitled ``Trail Study
for Smith River National Recreation Area Six Rivers National
Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations and
in accordance with paragraph (3), if the Secretary determines
under paragraph (1) that the construction of 1 or more routes
described in that paragraph is feasible and in the public
interest, the Secretary may provide for the construction of
the routes.
(B) Modifications.--The Secretary may modify the routes, as
determined to be necessary by the Secretary.
(C) Use of volunteer services and contributions.--Routes
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally applicable
to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 5128. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary may enter into
agreements with qualified private and nonprofit organizations
to carry out the following activities on Federal land in
Mendocino, Humboldt, Trinity, and Del Norte Counties in the
State:
(1) Trail and campground maintenance.
(2) Public education, visitor contacts, and outreach.
(3) Visitor center staffing.
(b) Contents.--An agreement entered into under subsection
(a) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements
under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
SEC. 5129. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture may
establish, in cooperation with any other public or private
entity that the Secretary determines to be appropriate, a
visitor center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the
visitor center authorized under subsection (a) is designed to
provide for the interpretation of the scenic, biological,
natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources
of the Whiskeytown-Shasta-Trinity National Recreation Area
and other Federal land in the vicinity of the visitor center.
(c) Cooperative Agreements.--In a manner consistent with
this section, the Secretary may enter into cooperative
agreements with the State and any other appropriate
institutions and organizations to carry out the purposes of
this section.
SEC. 5130. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and the
Secretary of the Interior, acting jointly or separately
(referred to in this section as the ``Secretaries''), may
establish, in cooperation with any other public or private
entity that the Secretaries determine to be appropriate, a
visitor center in Del Norte County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and any other Federal land in the vicinity of the
visitor center.
(b) Requirements.--The Secretaries shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of Redwood National and
State Parks, the Smith River National Recreation Area, and
any other Federal land in the vicinity of the visitor center.
SEC. 5131. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation
with interested Federal, State, Tribal, and local entities
and private and nonprofit organizations, shall conduct a
study to evaluate the feasibility and suitability of
establishing overnight accommodations near Redwood National
and State Parks on--
(1) Federal land that is within 20 miles of the northern
boundary of Redwood National and State Parks; and
(2) Federal land that is within 20 miles of the southern
boundary of Redwood National and State Parks.
(b) Partnerships.--
(1) Agreements authorized.--If the Secretary determines,
based on the study conducted under subsection (a), that
establishing the accommodations described in that subsection
is suitable and feasible, the Secretary may, in accordance
with applicable law, enter into 1 or more agreements with
qualified private and nonprofit organizations for the
development, operation, and maintenance of the
accommodations.
(2) Contents.--Any agreement entered into under paragraph
(1) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization entering
into the agreement.
(3) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(B) amends or modifies the application of any law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
Subtitle C--Conservation
SEC. 5141. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal land in
the Mendocino National Forest, comprising approximately
11,155 acres, as generally depicted on the map entitled
``Black Butte Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the ``Black Butte River Wilderness''.
(2) Caliente mountain wilderness.--Certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 35,116 acres, as generally depicted
on the map entitled ``Proposed Caliente Mountain Wilderness''
and dated February 2, 2022, which shall be known as the
``Caliente Mountain Wilderness''.
(3) Chanchelulla wilderness additions.--Certain Federal
land in the Shasta-Trinity National Forest, comprising
approximately 6,382 acres, as generally depicted on the map
entitled ``Chanchelulla Wilderness Additions--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Chanchelulla Wilderness designated by
section 101(a)(4) of the California Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1619).
(4) Chinquapin wilderness.--Certain Federal land in the
Shasta-Trinity National Forest, comprising approximately
31,028 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated November 14,
2023, which shall be known as the ``Chinquapin Wilderness''.
(5) Chumash wilderness addition.--Certain Federal land in
the Los Padres National Forest comprising approximately
23,670 acres, as generally depicted on the map entitled
``Chumash Wilderness Area Additions--Proposed'' and dated
March 29, 2019, which shall be incorporated into and managed
as part of the Chumash Wilderness as designated by section
2(5) of the Los Padres Condor Range and River Protection Act
(16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 243).
[[Page S4917]]
(6) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,207
acres, as generally depicted on the map entitled ``Condor
Peak Wilderness--Proposed'' and dated June 6, 2019, which
shall be known as the ``Condor Peak Wilderness''.
(7) Diablo caliente wilderness.--Certain Federal land in
the Los Padres National Forest comprising approximately
17,870 acres, as generally depicted on the map entitled
``Diablo Caliente Wilderness Area--Proposed'' and dated March
29, 2019, which shall be known as the ``Diablo Caliente
Wilderness''.
(8) Dick smith wilderness addition.--Certain Federal land
in the Los Padres National Forest comprising approximately
54,036 acres, as generally depicted on the maps entitled
``Dick Smith Wilderness Area Additions--Proposed Map 1 of 2
(Bear Canyon and Cuyama Peak Units)'' and ``Dick Smith
Wilderness Area Additions--Proposed Map 2 of 2 (Buckhorn and
Mono Units)'' and dated November 14, 2019, which shall be
incorporated into and managed as part of the Dick Smith
Wilderness as designated by section 101(a)(6) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-425; 98 Stat. 1620).
(9) Elkhorn ridge wilderness addition.--Certain Federal
land administered by the Bureau of Land Management in the
State , comprising approximately 37 acres, as generally
depicted on the map entitled ``Proposed Elkhorn Ridge
Wilderness Additions'' and dated February 2, 2022, which is
incorporated in, and considered to be a part of, the Elkhorn
Ridge Wilderness designated by section 6(d) of the Northern
California Coastal Wild Heritage Wilderness Act (16 U.S.C.
1132 note; Public Law 109-362; 120 Stat. 2070).
(10) English ridge wilderness.--Certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 6,204 acres, as generally depicted
on the map entitled ``English Ridge Wilderness--Proposed''
and dated February 2, 2022, which shall be known as the
``English Ridge Wilderness''.
(11) Garcia wilderness addition.--Certain Federal land in
the Los Padres National Forest and certain Federal land
administered by the Bureau of Land Management in the State
comprising approximately 7,289 acres, as generally depicted
on the map entitled ``Garcia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Garcia
Wilderness as designated by section 2(4) of the Los Padres
Condor Range and River Protection Act (16 U.S.C. 1132 note;
Public Law 102-301; 106 Stat. 243).
(12) Machesna mountain wilderness addition.--Certain
Federal land in the Los Padres National Forest and certain
Federal land administered by the Bureau of Land Management in
the State comprising approximately 10,817 acres, as generally
depicted on the map entitled ``Machesna Mountain Wilderness--
Proposed Additions'' and dated October 30, 2019, and depicted
on the map entitled ``Machesna Mountain Potential
Wilderness'' and dated November 14, 2023, which shall be
incorporated into and managed as part of the Machesna
Mountain Wilderness as designated by section 101(a)(38) of
the California Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-425; 98 Stat. 1624).
(13) Mad river buttes wilderness.--Certain Federal land in
the Six Rivers National Forest comprising approximately 6,097
acres, as generally depicted on the map entitled ``Mad River
Buttes Wilderness--Proposed'' and dated May 15, 2020, which
shall be known as the ``Mad River Buttes Wilderness''.
(14) Matilija wilderness addition.--Certain Federal land in
the Los Padres National Forest comprising approximately
30,184 acres, as generally depicted on the map entitled
``Matilija Wilderness Area Additions--Proposed'' and dated
March 29, 2019, which shall be incorporated into and managed
as part of the Matilija Wilderness as designated by section
2(2) of the Los Padres Condor Range and River Protection Act
(16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242).
(15) Mount lassic wilderness addition.--Certain Federal
land in the Six Rivers National Forest, comprising
approximately 1,288 acres, as generally depicted on the map
entitled ``Mt. Lassic Wilderness Additions--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Mount Lassic Wilderness designated by
section 3(6) of the Northern California Coastal Wild Heritage
Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120
Stat. 2065).
(16) North fork wilderness addition.--Certain Federal land
in the Six Rivers National Forest and certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 16,342 acres, as generally depicted
on the map entitled ``North Fork Eel Wilderness Additions''
and dated May 15, 2020, which is incorporated in, and
considered to be a part of, the North Fork Wilderness
designated by section 101(a)(19) of the California Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat.
1621).
(17) Pattison wilderness.--Certain Federal land in the
Shasta-Trinity National Forest, comprising approximately
29,451 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the ``Pattison Wilderness''.
(18) San gabriel wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
2,032 acres, as generally depicted on the map entitled ``San
Gabriel Wilderness Additions'' and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C.
1132 note; 82 Stat. 131).
(19) San rafael wilderness addition.--Certain Federal land
in the Los Padres National Forest comprising approximately
23,969 acres, as generally depicted on the map entitled ``San
Rafael Wilderness Area Additions--Proposed'' and dated
November 14, 2023, which shall be incorporated into and
managed as part of the San Rafael Wilderness as designated by
Public Law 90-271 (16 U.S.C. 1132 note; 82 Stat. 51).
(20) Santa lucia wilderness addition.--Certain Federal land
in the Los Padres National Forest comprising approximately
2,921 acres, as generally depicted on the map entitled
``Santa Lucia Wilderness Area Additions--Proposed'' and dated
March 29, 2019, which shall be incorporated into and managed
as part of the Santa Lucia Wilderness as designated by
section 2(c) of the Endangered American Wilderness Act of
1978 (16 U.S.C. 1132 note; Public Law 95-237; 92 Stat. 41).
(21) Sespe wilderness addition.--Certain Federal land in
the Los Padres National Forest comprising approximately
14,313 acres, as generally depicted on the map entitled
``Sespe Wilderness Area Additions--Proposed'' and dated March
29, 2019, which shall be incorporated into and managed as
part of the Sespe Wilderness as designated by section 2(1) of
the Los Padres Condor Range and River Protection Act (16
U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242).
(22) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
11,938 acres, as generally depicted on the map entitled
``Sheep Mountain Wilderness Additions'' and dated November
14, 2023, which is incorporated in, and considered to be a
part of, the Sheep Mountain Wilderness designated by section
101(a)(29) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(23) Siskiyou wilderness addition.--Certain Federal land in
the Six Rivers National Forest comprising approximately
29,594 acres, as generally depicted on the maps entitled
``Siskiyou Wilderness Additions--Proposed (North)'' and
``Siskiyou Wilderness Additions--Proposed (South)'' and dated
November 14, 2023, which is incorporated in, and considered
to be a part of, the Siskiyou Wilderness, as designated by
section 101(a)(30) of the California Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623).
(24) Soda lake wilderness.--Certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 13,332 acres, as generally depicted
on the map entitled ``Proposed Soda Lake Wilderness'' and
dated June 25, 2019, which shall be known as the ``Soda Lake
Wilderness''.
(25) South fork eel river wilderness addition.--Certain
Federal land administered by the Bureau of Land Management in
the State, comprising approximately 603 acres, as generally
depicted on the map entitled ``South Fork Eel River
Wilderness Additions--Proposed'' and dated October 24, 2019,
which is incorporated in, and considered to be a part of, the
South Fork Eel River Wilderness designated by section 3(10)
of the Northern California Coastal Wild Heritage Wilderness
Act (16 U.S.C. 1132 note; Public Law 109-362; 120 Stat.
2066).
(26) South fork trinity river wilderness.--Certain Federal
land in the Shasta-Trinity National Forest, comprising
approximately 26,562 acres, as generally depicted on the map
entitled ``South Fork Trinity River Wilderness Additions--
Proposed'' and dated November 14, 2023, which shall be known
as the ``South Fork Trinity River Wilderness''.
(27) Temblor ridge wilderness addition.--Certain land in
the Bakersfield Field Office of the Bureau of Land Management
comprising approximately 12,585 acres, as generally depicted
on the map entitled ``Proposed Temblor Range Wilderness'' and
dated June 25, 2019, which shall be known as the ``Temblor
Range Wilderness''.
(28) Trinity alps wilderness addition.--Certain Federal
land in the Shasta-Trinity National Forest and certain
Federal land administered by the Bureau of Land Management in
the State, comprising approximately 62,474 acres, as
generally depicted on the maps entitled ``Trinity Alps
Proposed Wilderness Additions EAST'' and dated November 14,
2023, and ``Trinity Alps Wilderness Additions West--
Proposed'' and dated May 15, 2020, which is incorporated in,
and considered to be a part of, the Trinity Alps Wilderness
designated by section 101(a)(34) of the California Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425; 98 Stat.
1623).
(29) Underwood wilderness.--Certain Federal land in the Six
Rivers and Shasta-Trinity National Forests comprising
approximately 15,068 acres, as generally depicted on the map
entitled ``Underwood Wilderness--Proposed'' and dated May 15,
2020, which shall be known as the ``Underwood Wilderness''.
(30) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,694
acres, as generally depicted on the map entitled ``Yerba
Buena Wilderness--Proposed'' and dated June 6, 2019, which
shall be known as the ``Yerba Buena Wilderness''.
[[Page S4918]]
(31) Yolla bolly-middle eel wilderness additions.--Certain
Federal land in the Mendocino National Forest and certain
Federal land administered by the Bureau of Land Management in
the State, comprising approximately 21,126 acres, as
generally depicted on the maps entitled ``Yolla Bolly
Wilderness Proposed--NORTH'' and dated May 15, 2020, ``Yolla
Bolly Wilderness Proposed--SOUTH'' and dated November 14,
2023, and ``Yolla Bolly Wilderness Proposed--WEST'' and dated
May 15, 2020, which is incorporated in, and considered to be
a part of, the Yolla Bolly-Middle Eel Wilderness designated
by section 3 of the Wilderness Act (16 U.S.C. 1132).
(32) Yuki wilderness addition.--Certain Federal land in the
Mendocino National Forest and certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 14,132 acres, as generally depicted
on the map entitled ``Yuki Wilderness Additions--Proposed''
and dated November 14, 2023, which is incorporated in, and
considered to be a part of, the Yuki Wilderness designated by
section 3(3) of the Northern California Coastal Wild Heritage
Wilderness Act (16 U.S.C. 1132 note; Public Law 109-362; 120
Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork
Eel River Wilderness.--
(1) In general.--Section 101(a)(19) of the California
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
425; 98 Stat. 1621) is amended by striking ``which shall be
known as the North Fork Wilderness'' and inserting ``which
shall be known as the North Fork Eel River Wilderness''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
North Fork Wilderness shall be considered to be a reference
to the ``North Fork Eel River Wilderness''.
(c) Elkhorn Ridge Wilderness Modification.--The boundary of
the Elkhorn Ridge Wilderness established by section 6(d) of
the Northern California Coastal Wild Heritage Wilderness Act
(16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070) is
modified by removing approximately 30 acres of Federal land,
as generally depicted on the map entitled ``Proposed Elkhorn
Ridge Wilderness Additions'' and dated October 24, 2019.
SEC. 5142. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, a
wilderness area or addition established by section 5141(a)
(referred to in this section as a ``wilderness area'') shall
be administered by the Secretary in accordance with this
subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) for land under the jurisdiction of the Secretary of the
Interior, any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may carry out any activities
in a wilderness area as are necessary for the control of
fire, insects, or disease in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(2) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local information in
the Fire Management Reference System or individual
operational plan that applies to the land designated as a
wilderness area.
(3) Funding priorities.--Nothing in this subtitle limits
funding for fire or fuels management in a wilderness area.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area,
the Secretary of Agriculture and the Secretary of the
Interior shall--
(A) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, and other applicable agency
field office officials) for responding to fire emergencies;
and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness
area, if established before the date of enactment of this
Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2)(A) for land under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617); and
(B) for land under the jurisdiction of the Secretary of the
Interior, the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405); and
(3) all other laws governing livestock grazing on Federal
public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
(2) Management activities.--In support of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activity that the
Secretary determines to be necessary to maintain or restore a
fish, wildlife, or plant population or habitat in a
wilderness area, if the management activity is conducted in
accordance with--
(A) an applicable wilderness management plan;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) appropriate policies, such as the policies established
in Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this subtitle establishes a
protective perimeter or buffer zone around a wilderness area.
(2) Outside activities or uses.--The fact that a
nonwilderness activity or use can be seen or heard from
within a wilderness area shall not preclude the activity or
use outside the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over a
wilderness area;
(2) the designation of a new unit of special airspace over
a wilderness area; or
(3) the use or establishment of a military flight training
route over a wilderness area.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, a wilderness area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas and additions to wilderness area made by
this subtitle are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area that is acquired by
the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
(j) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in a wilderness area if the Secretary determines that
the devices and access to the devices are essential to a
flood warning, flood control, or water reservoir operation
activity.
(k) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness
areas, such as the placement, use, and maintenance of fixed
anchors, including any fixed anchor established before the
date of enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and other applicable laws; and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 5143. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following
Federal land is designated as potential wilderness:
(1) Certain Federal land in Redwood National Park
administered by the National Park Service, compromising
approximately 31,000 acres, as generally depicted on the map
entitled ``Redwood National Park--Potential Wilderness'' and
dated October 9, 2019.
(2) Certain Federal land administered by the Bureau of Land
Management in the State, comprising approximately 2,918
acres, as generally depicted on the map entitled ``Yuki
Proposed Potential Wilderness'' and dated May 15, 2020.
(b) Management.--Except as provided in subsection (c), the
Secretary shall manage the potential wilderness area
designated by subsection (a) (referred to in this section as
a ``potential wilderness area'') as wilderness until the date
on which the potential wilderness area is designated as
wilderness under subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph (2)), the Secretary may use
motorized equipment and mechanized transport in the potential
wilderness area until the date on which the potential
wilderness area is designated as wilderness under subsection
(d).
[[Page S4919]]
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
(d) Wilderness Designation.--The potential wilderness area
shall be designated as wilderness and as a component of the
National Wilderness Preservation System on the date on which
the Secretary publishes in the Federal Register notice that
the conditions in the potential wilderness area that are
incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.)
have been removed.
(e) Administration as Wilderness.--On the designation of a
potential wilderness area as wilderness under subsection
(d)--
(1) the land described in subsection (a)(1) shall be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and the laws generally applicable to units of
the National Park System; and
(2) the land described in subsection (a)(2) shall be
incorporated in, and considered to be a part of, the Yuki
Wilderness designated by section 3(3) of the Northern
California Coastal Wild Heritage Wilderness Act (16 U.S.C.
1132 note; Public Law 109-362; 120 Stat. 2065).
(f) Report.--Not later than 3 years after the date of
enactment of this Act, and every 3 years thereafter until the
date on which the potential wilderness area is designated as
wilderness under subsection (d), the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that describes--
(1) the status of ecological restoration within the
potential wilderness area; and
(2) the progress toward the eventual designation of the
potential wilderness area as wilderness under subsection (d).
SEC. 5144. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the
end the following:
``(233) South fork trinity river, california.--The
following segments from the source tributaries in the Yolla
Bolly-Middle Eel Wilderness, to be administered by the
Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple source
springs in the Cedar Basin of the Yolla Bolly-Middle Eel
Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles
upstream of the Wild Mad Road, as a wild river.
``(B) The 0.65-mile segment from 0.25 miles upstream of
Wild Mad Road to the confluence with the unnamed tributary
approximately 0.4 miles downstream of the Wild Mad Road in
sec. 29, T. 28 N., R. 11 W., as a scenic river.
``(C) The 9.8-mile segment from 0.75 miles downstream of
Wild Mad Road to Silver Creek, as a wild river.
``(D) The 5.4-mile segment from Silver Creek confluence to
Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to Cave Creek,
as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden Valley
Ranch in sec. 5, T. 15, R. 7 E., as a wild river.
``(G) The 2.5-mile segment from the unnamed creek
confluence upstream of Hidden Valley Ranch to the confluence
with the unnamed creek flowing west from Bear Wallow Mountain
in sec. 29, T. 1 N., R. 7 E., as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek
confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as
a wild river.
``(I) The 1.8-mile segment from Plummer Creek to the
confluence with the unnamed tributary north of McClellan
Place in sec. 6, T. 1 N., R. 7 E., as a scenic river.
``(J) The 5.4-mile segment from the unnamed tributary
confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek,
as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the Grouse
Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon Creek,
as a wild river.
``(234) East fork south fork trinity river, california.--
The following segments, to be administered by the Secretary
of Agriculture:
``(A) The 8.4-mile segment from its source in the Pettijohn
Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T.
3 S., R. 10 W., to 0.25 miles upstream of the Wild Mad Road,
as a wild river.
``(B) The 3.4-mile segment from 0.25 miles upstream of the
Wild Mad Road to the South Fork Trinity River, as a
recreational river.
``(235) Rattlesnake creek, california.--The 5.9-mile
segment from the confluence with the unnamed tributary in the
southeast corner of sec. 5, T. 1 S., R. 12 W., to the South
Fork Trinity River, to be administered by the Secretary of
Agriculture as a recreational river.
``(236) Butter creek, california.--The 7-mile segment from
0.25 miles downstream of the Road 3N08 crossing to the South
Fork Trinity River, to be administered by the Secretary of
Agriculture as a scenic river.
``(237) Hayfork creek, california.--The following segments,
to be administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to Bear Creek,
as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the northern
boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river.
``(238) Olsen creek, california.--The 2.8-mile segment from
the confluence of its source tributaries in sec. 5, T. 3 N.,
R. 7 E., to the northern boundary of sec. 24, T. 3 N., R. 6
E., to be administered by the Secretary of the Interior as a
scenic river.
``(239) Rusch creek, california.--The 3.2-mile segment from
0.25 miles downstream of the 32N11 Road crossing to Hayfork
Creek, to be administered by the Secretary of Agriculture as
a recreational river.
``(240) Eltapom creek, california.--The 3.4-mile segment
from Buckhorn Creek to the South Fork Trinity River, to be
administered by the Secretary of Agriculture as a wild river.
``(241) Grouse creek, california.--The following segments,
to be administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow Creek,
as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the South Fork
Trinity River, as a recreational river.
``(242) Madden creek, california.--The following segments,
to be administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of Madden
Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E.,
to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to the South
Fork Trinity River, as a recreational river.
``(243) Canyon creek, california.--The following segments,
to be administered by the Secretary of Agriculture and the
Secretary of the Interior:
``(A) The 6.6-mile segment from the outlet of lower Canyon
Creek Lake to Bear Creek upstream of Ripstein, as a wild
river.
``(B) The 11.2-mile segment from Bear Creek upstream of
Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11
W., as a recreational river.
``(244) North fork trinity river, california.--The
following segments, to be administered by the Secretary of
Agriculture:
``(A) The 12-mile segment from the confluence of source
tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity
Alps Wilderness boundary upstream of Hobo Gulch, as a wild
river.
``(B) The 0.5-mile segment from where the river leaves the
Trinity Alps Wilderness to where it fully reenters the
Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic
river.
``(C) The 13.9-mile segment from where the river fully
reenters the Trinity Alps Wilderness downstream of Hobo Gulch
to the Trinity Alps Wilderness boundary upstream of the
County Road 421 crossing, as a wild river.
``(D) The 1.3-mile segment from the Trinity Alps Wilderness
boundary upstream of the County Road 421 crossing to the
Trinity River, as a recreational river.
``(245) East fork north fork trinity river, california.--
The following segments, to be administered by the Secretary
of Agriculture:
``(A) The 9.5-mile segment from the source north of Mt.
Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road
35N20 approximately 0.5 miles downstream of the confluence
with the East Branch East Fork North Fork Trinity River, as a
wild river.
``(B) The 3.25-mile segment from the end of Road 35N20 to
0.25 miles upstream of Coleridge, as a scenic river.
``(C) The 4.6-mile segment from 0.25 miles upstream of
Coleridge to the confluence of Fox Gulch, as a recreational
river.
``(246) New river, california.--The following segments, to
be administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from its source
spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a
wild river.
``(B) The 2.3-mile segment of the New River where it begins
at the confluence of Virgin and Slide Creeks to Barron Creek,
as a wild river.
``(247) Middle eel river, california.--The following
segments, to be administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in Frying Pan
Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the Black
Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek from
its source in Hopkins Hollow to the Middle Eel River, as a
wild river.
``(D) The 13-mile segment of the North Fork Middle Fork Eel
River from the source on Dead Puppy Ridge in sec. 11, T. 26
N., R. 11 W., to the confluence of the Middle Eel River, as a
wild river.
``(248) North fork eel river, california.--The 14.3-mile
segment from the confluence with Gilman Creek to the Six
Rivers National Forest boundary, to be administered by the
Secretary of Agriculture as a wild river.
``(249) Red mountain creek, california.--The following
segments, to be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of Mike's
Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with
Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river.
``(C) The 1.25-mile segment from the confluence with the
unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the
confluence with the North Fork Eel River, as a wild river.
[[Page S4920]]
``(250) Redwood creek, california.--The following segments,
to be administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Lacks
Creek to the confluence with Coyote Creek, as a scenic river,
on publication by the Secretary of the Interior of a notice
in the Federal Register that sufficient land or interests in
land within the boundaries of the segments have been acquired
in fee title or as a scenic easement to establish a
manageable addition to the National Wild and Scenic Rivers
System.
``(B) The 19.1-mile segment from the confluence with Coyote
Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National
Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1
E., as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also known as
Harry Weir Creek) from its source in sec. 29, T. 10 N., R. 2
E., to the confluence with Redwood Creek, as a scenic river.
``(251) Lacks creek, california.--The following segments,
to be administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with 2
unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings
Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river.
``(B) The 2.7-mile segment from Kings Crossing to the
confluence with Redwood Creek, as a scenic river, on
publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the segment have
been acquired in fee title or as scenic easements to
establish a manageable addition to the National Wild and
Scenic Rivers System.
``(252) Lost man creek, california.--The following
segments, to be administered by the Secretary of the
Interior:
``(A) The 6.4-mile segment of Lost Man Creek from its
source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream
of the Prairie Creek confluence, as a recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from its
source in sec. 8, T. 11 N., R. 2 E., to the confluence with
Lost Man Creek, as a recreational river.
``(253) Little lost man creek, california.--The 3.6-mile
segment of Little Lost Man Creek from its source in sec. 6,
T. 10 N., R. 2 E., to 0.25 miles upstream of the Lost Man
Creek road crossing, to be administered by the Secretary of
the Interior as a wild river.
``(254) South fork elk river, california.--The following
segments, to be administered by the Secretary of the Interior
(including through a cooperative management agreement with
the State of California where appropriate):
``(A) The 3.6-mile segment of the Little South Fork Elk
River from the source in sec. 21, T. 3 N., R. 1 E., to the
confluence with the South Fork Elk River, as a wild river.
``(B) The 2.2-mile segment of the unnamed tributary of the
Little South Fork Elk River from its source in sec. 15, T. 3
N., R. 1 E., to the confluence with the Little South Fork Elk
River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk River from
the confluence of the Little South Fork Elk River to the
confluence with Tom Gulch, as a recreational river.
``(255) Salmon creek, california.--The 4.6-mile segment
from its source in sec. 27, T. 3 N., R. 1 E., to the
Headwaters Forest Reserve boundary in sec. 18, T. 3 N., R. 1
E., to be administered by the Secretary of the Interior as a
wild river.
``(256) South fork eel river, california.--The following
segments, to be administered by the Secretary of the
Interior:
``(A) The 6.2-mile segment from the confluence with Jack of
Hearts Creek to the southern boundary of the South Fork Eel
Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational
river to be administered by the Secretary through a
cooperative management agreement with the State of
California.
``(B) The 6.1-mile segment from the southern boundary of
the South Fork Eel Wilderness to the northern boundary of the
South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as
a wild river.
``(257) Elder creek, california.--The following segments,
to be administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment from its source north of Signal
Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with
the unnamed tributary near the center of sec. 28, T. 22 N.,
R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with the
unnamed tributary near the center of sec. 28, T. 22 N., R. 15
W., to the confluence with the South Fork Eel River, as a
recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from its
source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to
the confluence with Elder Creek, as a wild river.
``(258) Cedar creek, california.--The following segments,
to be administered as a wild river by the Secretary of the
Interior:
``(A) The 7.7-mile segment from its source in sec. 22, T.
24 N., R. 16 W., to the southern boundary of the Red Mountain
unit of the South Fork Eel Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar Creek from
its source in sec. 28, T. 24 N., R. 16 E., to the confluence
with Cedar Creek.
``(259) East branch south fork eel river, california.--The
following segments, to be administered by the Secretary of
the Interior as a scenic river on publication by the
Secretary of a notice in the Federal Register that sufficient
inholdings within the boundaries of the segments have been
acquired in fee title or as scenic easements to establish a
manageable addition to the National Wild and Scenic Rivers
System:
``(A) The 2.3-mile segment of Cruso Cabin Creek from the
confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R.
15 W., to the confluence with Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from the
confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R.
16 W., to the confluence with Cruso Cabin Creek.
``(C) The 14.2-mile segment of the East Branch South Fork
Eel River from the confluence of Cruso Cabin and Elkhorn
Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in sec. 2, T. 24 N., R. 17 W., to the confluence with the
East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in sec. 1, T. 24 N., R. 17 W., to the confluence with the
East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from the
confluence with the unnamed tributary in sec. 12, T. 5 S., R.
4 E., to the confluence with the East Branch South Fork Eel
River.
``(260) Mattole river estuary, california.--The 1.5-mile
segment from the confluence of Stansberry Creek to the
Pacific Ocean, to be administered as a recreational river by
the Secretary of the Interior.
``(261) Honeydew creek, california.--The following
segments, to be administered as a wild river by the Secretary
of the Interior:
``(A) The 5.1-mile segment of Honeydew Creek from its
source in the southwest corner of sec. 25, T. 3 S., R. 1 W.,
to the eastern boundary of the King Range National
Conservation Area in sec. 18, T. 3 S., R. 1 E.
``(B) The 2.8-mile segment of West Fork Honeydew Creek from
its source west of North Slide Peak to the confluence with
Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork Honeydew
Creek from its source in sec. 23, T. 3 S., R. 1 W., to the
confluence with Honeydew Creek.
``(262) Bear creek, california.--The following segments, to
be administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek from
the confluence with the unnamed tributary immediately
downstream of the Horse Mountain Road crossing to the
confluence with the South Fork, as a scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek from
the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed
tributary flowing from the southwest flank of Queen Peak to
the confluence with the North Fork, as a scenic river.
``(C) The 3-mile segment of Bear Creek from the confluence
of the North and South Forks to the southern boundary of sec.
11, T. 4 S., R. 1 E., as a wild river.
``(263) Gitchell creek, california.--The 3-mile segment of
Gitchell Creek from its source near Saddle Mountain to the
Pacific Ocean, to be administered by the Secretary of the
Interior as a wild river.
``(264) Big flat creek, california.--The following
segments, to be administered by the Secretary of the Interior
as a wild river:
``(A) The 4-mile segment of Big Flat Creek from its source
near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific
Ocean.
``(B) The 0.8-mile segment of the unnamed tributary from
its source in sec. 35, T. 3 S., R. 1 W., to the confluence
with Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat Creek
from the source in sec. 34, T. 3 S., R. 1 W., to the
confluence with Big Flat Creek.
``(265) Big creek, california.--The following segments, to
be administered by the Secretary of the Interior as a wild
river:
``(A) The 2.7-mile segment of Big Creek from its source in
sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean.
``(B) The 1.9-mile unnamed southern tributary from its
source in sec. 25, T. 3 S., R. 1 W., to the confluence with
Big Creek.
``(266) Elk creek, california.--The 11.4-mile segment from
its confluence with Lookout Creek to its confluence with Deep
Hole Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior as a wild river.
``(267) Eden creek, california.--The 2.7-mile segment from
the private property boundary in the northwest quarter of
sec. 27, T. 21 N., R. 12 W., to the eastern boundary of sec.
23, T. 21 N., R. 12 W., to be administered by the Secretary
of the Interior as a wild river.
``(268) Deep hole creek.--The 4.3-mile segment from the
private property boundary in the southwest quarter of sec.
13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to
be administered by the Secretary of the Interior as a wild
river.
``(269) Indian creek, california.--The 3.3-mile segment
from 300 feet downstream of the jeep trail in sec. 13, T. 20
N., R. 13 W., to the confluence with the Eel River, to be
administered by the Secretary of the Interior as a wild
river.
``(270) Fish creek, california.--The 4.2-mile segment from
the source at Buckhorn Spring to the confluence with the Eel
River, to be administered by the Secretary of the Interior as
a wild river.
[[Page S4921]]
``(271) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its source
in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness
boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the Dick
Smith Wilderness boundary to 0.25 miles downstream of Road
6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from 0.25 miles
downstream of Road 6N24 to the southern boundary of sec. 32,
T. 6 N., R. 26 W., as a wild river.
``(272) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its source in
sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don
Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild
river.
``(B) The 2.1-mile segment of Mono Creek from 0.25 miles
upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R.
25 W., to 0.25 miles downstream of Don Victor Fire Road in
sec. 34, T. 7 N., R. 25 W., as a recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25 miles
downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25
W., to the Ogilvy Ranch private property boundary in sec. 22,
T. 6 N., R. 26 W., as a wild river.
``(D) The 3.5-mile segment of Mono Creek from the Ogilvy
Ranch private property boundary to the southern boundary of
sec. 33, T. 6 N., R. 26 W., as a recreational river.
``(273) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek from its
source in sec. 25, T. 6 N., R. 25 W., to the private property
boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W.,
to the Matilija Wilderness boundary, as a wild river.
``(274) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream
of the confluence with the South Fork Little Rock Creek, as a
wild river.
``(B) The 6.6-mile segment from 100 yards upstream of the
confluence with the South Fork Little Rock Creek to the
confluence with Santiago Canyon, as a recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek from 0.25
miles downstream of Highway 2 to 100 yards downstream of
Cooper Canyon Campground, as a scenic river.
``(D) The 1.3-mile segment of Cooper Canyon Creek from 100
yards downstream of Cooper Canyon Campground to the
confluence with Little Rock Creek, as a wild river.
``(E) The 1-mile segment of Buckhorn Creek from 100 yards
downstream of the Buckhorn Campground to its confluence with
Cooper Canyon Creek, as a wild river.''.
(b) Sespe Creek, California.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (142) and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the private
property boundary in sec. 10, T. 6 N., R. 24 W., to the
Hartman Ranch private property boundary in sec. 14, T. 6 N.,
R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the Hartman
Ranch private property boundary in sec. 14, T. 6 N., R. 24
W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as
a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the western
boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with
Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of sec.
35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of
Agriculture:
``(A) The 33-mile segment of the main stem of the Sisquoc
River extending from its origin downstream to the Los Padres
Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork Sisquoc River
from its source northeast of San Rafael Mountain in sec. 2,
T. 7 N., R. 28 W., to its confluence with the Sisquoc River,
as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from its
source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W.,
to the San Rafael Wilderness boundary upstream of Nira
Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from the San
Rafael Wilderness boundary upstream of the Nira Campground to
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek, as a recreational river.
``(E) The 5.8-mile segment of Manzana Creek from the San
Rafael Wilderness boundary downstream of the confluence of
Davy Brown Creek to the private property boundary in sec. 1,
T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from the
private property boundary in sec. 1, T. 8 N., R. 30 W., to
the confluence of the Sisquoc River, as a recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from its
source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to
300 feet upstream of its confluence with Munch Canyon, as a
wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from 300
feet upstream of its confluence with Munch Canyon to its
confluence with Manzana Creek, as a recreational river.
``(I) The 2-mile segment of Munch Canyon from its source
north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300
feet upstream of its confluence with Sunset Valley Creek, as
a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300 feet
upstream of its confluence with Sunset Valley Creek to its
confluence with Davy Brown Creek, as a recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500 feet
downstream of Sunset Valley Road to its confluence with
Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek from its
source in sec. 26, T. 8 N., R. 29 W., to its confluence with
Fish Creek, as a wild river.''.
(d) Piru Creek, California.--
(1) In general.--Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(199) and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its source in
sec. 3, T. 6 N., R. 22 W., to the private property boundary
in sec. 4, T. 6 N., R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek from the private
property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles
downstream of the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25 miles
downstream of Gold Hill Road to the confluence with Trail
Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with Buck
Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the boundary of the Sespe
Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the upper limit of Piru Reservoir,
as a recreational river.''.
(2) Effect.--The designation of additional miles of Piru
Creek under paragraph (1) shall not affect valid water rights
in existence on the date of enactment of this Act.
(3) Motorized use of trails.--Nothing in this subsection
(including the amendments made by this subsection) affects
the motorized use of trails designated by the Forest Service
for motorized use that are located adjacent to and crossing
upper Piru Creek, if the use is consistent with the
protection and enhancement of river values under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 5145. SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there
are established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge
Scenic Area--Proposed'' and dated March 29, 2019, which shall
be known as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of
the Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior shall file a map and legal
description of the scenic areas established by subsection (a)
(referred to in this section as the ``scenic areas'') with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary of
Agriculture and the Secretary of the Interior may correct any
clerical and typographical errors in the maps and legal
descriptions.
[[Page S4922]]
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to
conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary of Agriculture and the
Secretary of the Interior shall administer land under their
respective jurisdiction within the scenic areas--
(A) in a manner that conserves, protects, and enhances the
resources of the scenic areas, and in particular the scenic
character attributes of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management Act (43 U.S.C.
1701 et seq.) for land under the jurisdiction of the
Secretary of the Interior;
(iii) any laws (including regulations) relating to the
National Forest System, for land under the jurisdiction of
the Secretary of Agriculture; and
(iv) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the scenic areas is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on
the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting, except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures in the
scenic areas that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of
those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise
authorized activity or use can be seen or heard within a
scenic area shall not preclude the activity or use outside
the boundary of the scenic area.
SEC. 5146. SPECIAL MANAGEMENT AREAS.
(a) Establishment of Special Management Areas.--
(1) Horse mountain special management area.--
(A) Establishment.--Subject to valid existing rights, there
is established the Horse Mountain Special Management Area,
comprising approximately 7,482 acres of Federal land in the
Six Rivers National Forest, as generally depicted on the map
entitled ``Horse Mountain Special Management Area'' and dated
May 15, 2020.
(B) Purpose.--The purpose of the Horse Mountain Special
Management Area is to enhance the recreational and scenic
values of the special management area while conserving the
plants, wildlife, and other natural resource values of the
area.
(2) Sanhedrin special management area.--
(A) Establishment.--Subject to valid existing rights, there
is established the Sanhedrin Special Management Area,
comprising approximately 12,254 acres of Federal land in the
Mendocino National Forest, as generally depicted on the map
entitled ``Sanhedrin Special Management Area'' and dated
November 14, 2023.
(B) Purposes.--The purposes of the Sanhedrin Special
Management Area are--
(i) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural,
historical, natural, educational, and scientific resources of
the area;
(ii) to protect and restore late-successional forest
structure, oak woodlands and grasslands, aquatic habitat, and
anadromous fisheries within the area;
(iii) to protect and restore the undeveloped character of
the area; and
(iv) to allow visitors to enjoy the scenic, natural,
cultural, and wildlife values of the area.
(3) Fox mountain special management area.--
(A) Establishment.--Subject to valid existing rights, there
is established the Fox Mountain Special Management Area,
comprising approximately 41,082 acres of Federal land in the
Los Padres National Forest, as generally depicted on the map
entitled ``Fox Mountain Special Management Area'' and dated
November 14, 2023.
(B) Purposes.--The purposes of the Fox Mountain Special
Management Area are to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations--
(i) the ecological, scenic, wildlife, recreational,
roadless, cultural, historical, natural, educational, and
scientific resources of the area; and
(ii) the cultural and historical resources and values of
the area.
(b) Management Plan.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary of Agriculture (referred to in this section as
the ``Secretary'') shall develop a comprehensive plan for the
long-term management of the special management areas
established by subsection (a).
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, Tribal, and local governmental
entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required
under paragraph (1) shall ensure that recreational use within
a special management area established by subsection (a)
(referred to in this section as a ``special management
area'') does not cause significant adverse impacts on the
plants and wildlife of the special management area.
(c) Management.--
(1) In general.--The Secretary shall manage a special
management area--
(A) in furtherance of the purpose for the applicable
special management area described in subsection (a); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable
to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of a special
management area that the Secretary determines would further
the purposes of the applicable special management area
described in subsection (a).
(3) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management areas, including hunting, fishing, camping,
hiking, hang gliding, sightseeing, nature study, horseback
riding, rafting, mountain bicycling, motorized recreation on
authorized routes, and other recreational activities, if the
recreational use is consistent with--
(A) the purpose of the applicable special management area;
(B) this section;
(C) other applicable law (including regulations); and
(D) any applicable management plans.
(4) Motorized vehicles.--
(A) In general.--Except as provided in paragraph (C), the
use of motorized vehicles in a special management area shall
be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of
enactment of this Act.
(B) New or temporary roads.--Except as provided in
paragraph (C), no new or temporary roads shall be constructed
within a special management area.
(C) Exceptions.--Nothing in paragraph (A) or (B) prevents
the Secretary from--
(i) rerouting or closing an existing road or trail to
protect natural resources from degradation, or to protect
public safety, as determined to be appropriate by the
Secretary;
(ii) designating routes of travel on land acquired by the
Secretary and incorporated into a special management area if
the designations are--
(I) consistent with the purposes of the applicable special
management area described in subsection (a); and
(II) completed, to the maximum extent practicable, not
later than 3 years after the date of acquisition;
(iii) constructing a temporary road on which motorized
vehicles are permitted as part of a vegetation management
project carried out in accordance with subparagraph (D);
(iv) authorizing the use of motorized vehicles for
administrative purposes; or
(v) responding to an emergency.
(D) Decommissioning of temporary roads.--
(i) Definition of decommission.--In this subparagraph, the
term ``decommission'' means, with respect to a road--
(I) to reestablish vegetation on the road; and
(II) to restore any natural drainage, watershed function,
or other ecological processes that are disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism.
(ii) Requirement.--Not later than 3 years after the date on
which the applicable vegetation management project is
completed, the Secretary shall decommission any temporary
road constructed under subparagraph (C)(iii).
(d) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within a special
management area.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in a special
[[Page S4923]]
management area established by subsection (a)--
(A) if the Secretary determines that the harvesting is
necessary to further the purposes of the special management
area;
(B) in a manner consistent with the purposes for the
applicable special management area; and
(C) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary determines to be appropriate; and
(ii) all applicable laws (including regulations).
(e) Grazing.--The grazing of livestock in a special
management area, where established before the date of
enactment of this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes of the
applicable special management area described in subsection
(a).
(f) Wildfire, Insect, and Disease.--Consistent with this
section, the Secretary may carry out any activities within a
special management area that the Secretary determines to be
necessary to control fire, insects, or diseases, including
the coordination of those activities with a State or local
agency.
(g) Acquisition and Incorporation of Land and Interests in
Land.--
(1) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of a special management area by purchase from a willing
seller, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired
by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of, the
applicable special management area; and
(B) withdrawn in accordance with subsection (i).
(h) Tribal Agreements and Partnerships.--To the maximum
extent practicable and in accordance with applicable laws, on
request of an affected federally recognized Indian Tribe, the
Secretary of the Interior (acting through the Director of the
Bureau of Land Management) and the Secretary of Agriculture
(acting through the Chief of the Forest Service) shall enter
into agreements, contracts, and other cooperative and
collaborative partnerships with the federally recognized
Indian Tribe regarding management of a special management
area under relevant Federal authority, including--
(1) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361
et seq.);
(4) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.);
(5) the good neighbor authority under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
(6) Executive Order 13175 (25 U.S.C. 5301 note; relating to
consultation and coordination with Indian Tribal
governments);
(7) Secretarial Order 3342, issued by the Secretary of the
Interior on October 21, 2016 (relating to identifying
opportunities for cooperative and collaborative partnerships
with federally recognized Indian Tribes in the management of
Federal lands and resources); and
(8) Joint Secretarial Order 3403, issued by the Secretary
of the Interior and the Secretary of Agriculture on November
15, 2021 (relating to fulfilling the trust responsibility to
Indian Tribes in the stewardship of Federal lands and
waters).
(i) Withdrawal.--Subject to valid existing rights, all
Federal land located in a special management area is
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Subtitle D--Miscellaneous
SEC. 5151. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of--
(1) the South Fork Trinity-Mad River Restoration Area
established by section 5111(b);
(2) the wilderness areas and wilderness additions
designated by section 5141(a);
(3) the potential wilderness areas designated by section
5143(a); and
(4) the Horse Mountain Special Management Area, Sanhedrin
Special Management Area, and Fox Mountain Special Management
Area established by section 5146(a).
(b) Force of Law.--The maps and legal descriptions prepared
under subsection (a) shall have the same force and effect as
if included in this title, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(c) Public Availability.--The maps and legal descriptions
prepared under subsection (a) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service, the Bureau of Land Management, or the
National Park Service, as applicable.
SEC. 5152. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable after the date of enactment of this
Act, in accordance with applicable law (including
regulations), the Secretary shall incorporate the
designations and studies required by this title into updated
management plans for units covered by this title.
SEC. 5153. PACIFIC GAS AND ELECTRIC COMPANY UTILITY
FACILITIES AND RIGHTS-OF-WAY.
(a) Effect of Title.--Nothing in this title--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-
way acquired by or issued, granted, or permitted to Pacific
Gas and Electric Company (including any predecessor or
successor in interest or assign) that is located on land
included in--
(A) the South Fork Trinity-Mad River Restoration Area
established by section 5111(b);
(B) the Bigfoot National Recreation Trail established under
section 5121(b)(1); or
(C) the Horse Mountain Special Management Area or Sanhedrin
Special Management Area established by section 5146(a); or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and Electric
Company, including those utility facilities in existence on
the date of enactment of this Act within--
(i) the South Fork Trinity-Mad River Restoration Area known
as--
(I) ``Gas Transmission Line 177A or rights-of-way'';
(II) ``Gas Transmission Line DFM 1312-02 or rights-of-
way'';
(III) ``Electric Transmission Line Bridgeville-Cottonwood
115 kV or rights-of-way'';
(IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or
rights-of-way'';
(V) ``Electric Transmission Line Humboldt-Trinity 115 kV or
rights-of-way'';
(VI) ``Electric Transmission Line Maple Creek-Hoopa 60 kV
or rights-of-way'';
(VII) ``Electric Distribution Line-Willow Creek 1101 12 kV
or rights-of-way'';
(VIII) ``Electric Distribution Line-Willow Creek 1103 12 kV
or rights-of-way'';
(IX) ``Electric Distribution Line-Low Gap 1101 12 kV or
rights-of-way'';
(X) ``Electric Distribution Line-Fort Seward 1121 12 kV or
rights-of-way'';
(XI) ``Forest Glen Border District Regulator Station or
rights-of-way'';
(XII) ``Durret District Gas Regulator Station or rights-of-
way'';
(XIII) ``Gas Distribution Line 4269C or rights-of-way'';
(XIV) ``Gas Distribution Line 43991 or rights-of-way'';
(XV) ``Gas Distribution Line 4993D or rights-of-way'';
(XVI) ``Sportsmans Club District Gas Regulator Station or
rights-of-way'';
(XVII) ``Highway 36 and Zenia District Gas Regulator
Station or rights-of-way'';
(XVIII) ``Dinsmore Lodge 2nd Stage Gas Regulator Station or
rights-of-way'';
(XIX) ``Electric Distribution Line-Wildwood 1101 12kV or
rights-of-way'';
(XX) ``Low Gap Substation'';
(XXI) ``Hyampom Switching Station''; or
(XXII) ``Wildwood Substation'';
(ii) the Bigfoot National Recreation Trail known as--
(I) ``Gas Transmission Line 177A or rights-of-way'';
(II) ``Electric Transmission Line Humboldt-Trinity 115 kV
or rights-of-way'';
(III) ``Electric Transmission Line Bridgeville-Cottonwood
115 kV or rights-of-way''; or
(IV) ``Electric Transmission Line Humboldt-Trinity 60 kV or
rights-of-way'';
(iii) the Sanhedrin Special Management Area known as
``Electric Distribution Line-Willits 1103 12 kV or rights-of-
way''; or
(iv) the Horse Mountain Special Management Area known as
``Electric Distribution Line Willow Creek 1101 12 kV or
rights-of-way''; or
(B) utility facilities of the Pacific Gas and Electric
Company in rights-of-way issued, granted, or permitted by the
Secretary adjacent to a utility facility referred to in
subparagraph (A).
(b) Plans for Access.--Not later than the later of the date
that is 1 year after the date of enactment of this Act or the
date of issuance of a new utility facility right-of-way
within the South Fork Trinity-Mad River Restoration Area,
Bigfoot National Recreation Trail, Sanhedrin Special
Management Area, or Horse Mountain Special Management Area,
the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and
emergency access by the Pacific Gas and Electric Company to
the inholdings and rights-of-way of the Pacific Gas and
Electric Company.
SEC. 5154. REAUTHORIZATION OF EXISTING WATER FACILITIES IN
PLEASANT VIEW RIDGE WILDERNESS.
(a) Authorization for Continued Use.--The Secretary of
Agriculture may issue a special use authorization to the
owners of a water transport or diversion facility (referred
to in this section as a ``facility'') located on National
Forest System land in the Pleasant View Ridge Wilderness
designated by section 1802(8) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132
[[Page S4924]]
note; Public Law 111-11; 123 Stat. 1054) for the continued
operation, maintenance, and reconstruction of the facility if
the Secretary determines that--
(1) the facility was in existence on the date on which the
land on which the facility is located was designated as part
of the National Wilderness Preservation System (referred to
in this section as ``the date of designation'');
(2) the facility has been in substantially continuous use
to deliver water for the beneficial use on the non-Federal
land of the owner since the date of designation;
(3) the owner of the facility holds a valid water right for
use of the water on the non-Federal land of the owner under
State law, with a priority date that predates the date of
designation; and
(4) it is not practicable or feasible to relocate the
facility to land outside of the Pleasant View Ridge
Wilderness and continue the beneficial use of water on the
non-Federal land recognized under State law.
(b) Terms and Conditions.--A special use authorization
issued under this section shall be subject to such terms and
conditions as the Secretary determines appropriate to protect
wilderness resources and values.
SEC. 5155. USE BY MEMBERS OF INDIAN TRIBES.
(a) Access.--The Secretary shall ensure that Indian Tribes
have access, in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), to the South Fork Trinity-Mad River
Restoration Area, wilderness areas, scenic areas, special
management areas, and potential wilderness areas designated
by this title for traditional cultural and religious
purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may temporarily
close to the general public 1 or more specific portions of a
wilderness area, scenic area, or potential wilderness area
designated by this title to protect the privacy of the
members of the Indian Tribe in the conduct of traditional
cultural and religious activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out; and
(B) be consistent with--
(i) Public Law 95-341 (commonly known as the ``American
Indian Religious Freedom Act'') (42 U.S.C. 1996 et seq.); and
(ii) the Wilderness Act (16 U.S.C. 1131 et seq.).
TITLE II--SAN GABRIEL MOUNTAINS NATIONAL MONUMENT BOUNDARY
SEC. 5201. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National
Monument established by Presidential Proclamation 9194 (54
U.S.C. 320301 note) (referred to in this section as the
``Monument'') is modified to include the approximately
109,167 acres of additional National Forest System land
depicted as the ``Proposed San Gabriel Mountains National
Monument Expansion'' on the map entitled ``Proposed San
Gabriel Mountains National Monument Expansion'' and dated
June 26, 2019.
(b) Administration.--The Secretary shall administer the
Monument (including the land added to the Monument by
subsection (a)), in accordance with--
(1) Presidential Proclamation Number 9194, dated October
10, 2014 (79 Fed. Reg. 62303);
(2) the laws generally applicable to the Monument; and
(3) this title.
(c) Management Plan.--Not later than 3 years after the date
of enactment of this Act, the Secretary, in consultation with
the State, affected Indian tribes, local governments, and
interested members of the public, shall update the San
Gabriel Mountains National Monument Plan to include the land
added to the Monument by subsection (a).
______
SA 2576. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. REDESIGNATION OF THE COTTONWOOD VISITOR CENTER AT
JOSHUA TREE NATIONAL PARK AS THE ``SENATOR
DIANNE FEINSTEIN VISITOR CENTER''.
(a) Redesignation.--The Cottonwood Visitor Center at Joshua
Tree National Park shall be known and designated as the
``Senator Dianne Feinstein Visitor Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
visitor center referred to in subsection (a) shall be deemed
to be a reference to the ``Senator Dianne Feinstein Visitor
Center''.
______
SA 2577. Mr. PADILLA submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. EXPANSION OF JOSHUA TREE NATIONAL PARK.
Section 402 of the California Desert Protection Act of 1994
(16 U.S.C. 410aaa-22) is amended, in the first sentence, by
inserting after ``October 1991 or prior,'' the following:
``and including the approximately 17,842 acres of land
depicted on the map entitled `Proposed Joshua Tree National
Park Expansion' and dated April 29, 2024,''.
______
SA 2578. Mr. CASSIDY (for himself and Mr. Cotton) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 727. EXPANSION OF RECOGNITION BY THE DEFENSE HEALTH
AGENCY OF CERTIFYING BODIES FOR PHYSICIANS.
(a) Expansion.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Defense Health
Agency shall revise the policy of the Defense Health Agency
regarding credentialing and privileging under the military
health system to expand the recognition of certifying bodies
for physicians under such policy to a wide range of
additional board certifications in medical specialties and
subspecialties.
(b) Recognition of Certain Certifying Bodies.--The policy
required to be revised under subsection (a) shall include
recognition of the following certifying bodies:
(1) The member boards of the American Board of Medical
Specialties.
(2) The Bureau of Osteopathic Specialists of the American
Osteopathic Association.
(3) The American Board of Foot and Ankle Surgery.
(4) The American Board of Podiatric Medicine.
(5) The American Board of Oral and Maxillofacial Surgery.
(c) Standards for Recognition of Other Certifying Bodies.--
To be recognized under subsection (a), a certifying body for
a specialty or subspecialty shall--
(1) be an organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code;
(2) maintain a process to define, periodically review,
enforce, and update specific standards regarding knowledge
and skills of the specialty or subspecialty;
(3) administer a psychometrically valid assessment to
determine whether a physician meets standards for initial
certification, recertification, or continuing certification;
(4) establish and enforce a code of professional conduct;
and
(5) require that, in order to be considered a board
certified specialty physician, a physician must satisfy--
(A) the certifying body's applicable requirements for
initial certification; and
(B) any applicable recertification or continuing
certification requirements of the certifying body that
granted the initial certification.
______
SA 2579. Mr. CASSIDY (for himself and Mr. Cotton) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 727. PODIATRISTS IN THE DEPARTMENT OF DEFENSE.
(a) Qualification of Doctors of Podiatry for Original
Appointment as Commissioned Officers.--Section 532(b)(1) of
title 10, United States Code, is amended by inserting
``podiatry,'' after ``osteopathy,''.
(b) Members of Medical Corps.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
ensure that podiatrists are assigned to the Medical Corps of
each military department.
(2) Notification.--The Secretary shall notify the
Committees on Armed Services of the Senate and the House of
Representatives in writing upon carrying out paragraph (1).
______
SA 2580. Ms. COLLINS (for herself and Mr. King) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and
[[Page S4925]]
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle K of title V, add the following:
SEC. 599C. REQUIREMENT TO UTILIZE STATE EXTREME RISK
PROTECTION ORDER PROGRAMS.
(a) Short Title.--This section may be cited as the ``Armed
Forces Crisis Intervention Notification Act''.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish policy--
(1) requiring each branch of the Armed Forces to fully
utilize any applicable State extreme risk protection order
program in the event a commanding officer determines that a
member of the Armed Forces under the commanding officer's
command is a covered individual for purposes of subsection
(c)(3); and
(2) requiring each branch of the Armed Forces to fully
participate in any judicial proceeding authorized under any
applicable State extreme risk protection order program to
impose, review, extend, modify, or terminate an extreme risk
protection order imposed on a current or former member of the
Armed Forces.
(c) Definitions.--In this section:
(1) Applicable state extreme risk protection order
program.--The term ``applicable State extreme risk protection
order program'' means an extreme risk protection order
program of a State in which a covered individual resides or
is physically present as part of such individual's military
service.
(2) Armed forces.--The term ``Armed Forces'' means the
Army, Navy, Air Force, Marine Corps, and Space Force.
(3) Covered individuals.--In this section, the term
``covered individual'' means a member of the Armed Forces
who--
(A) has been determined by their commanding officer to be
unfit to carry or possess a firearm for the performance of
official duties due to the member making a serious, credible
threat of violence against one or more members of the Armed
Forces, another person, himself or herself, or a military
installation or facility; or
(B) is described in section 922(g)(4) of title 18, United
States Code, to the extent such status is a basis for
initiation of proceedings under an applicable State extreme
risk protection order program.
(4) Extreme risk protection order program.--The term
``extreme risk protection order program'' means extreme risk
protection order program as described in section
501(a)(1)(I)(iv) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)(I)(iv)).
(5) Fully utilize any applicable state extreme risk
protection order program.--The term ``fully utilize any
applicable State extreme risk protection order program''
means, in the case of a branch of the Armed Forces, taking
the following steps:
(A) Taking any action available to third parties under an
applicable State extreme risk protection order program to
initiate proceedings under such program.
(B) Providing to appropriate law enforcement or judicial
personnel an accounting of the relevant material facts
related to a determination made pursuant to subsection
(b)(1), notwithstanding the privacy regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and the
requirements of section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'').
(6) Fully participate in any judicial proceeding authorized
under any applicable state extreme risk protection order
program.--The term ``fully participate in any judicial
proceeding authorized under any applicable State extreme risk
protection order program'' means, in the case of a branch of
the Armed Forces, producing, upon the request of appropriate
judicial personnel or a party to the judicial proceeding,
evidence that may be relevant to the proceeding,
notwithstanding the privacy regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and the
requirements of section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974'').
(c) Guidelines and Policy.--The Secretary of Defense shall
establish policy to ensure that commanding officers and any
other relevant members of the Armed Forces are aware of the
requirements of this section, including any State extreme
risk protection order programs applicable to their commands,
and how to fulfill such requirements.
______
SA 2581. Mrs. FISCHER (for herself, Mr. Tester, Mr. Risch, Mr.
Cotton, Mr. Ricketts, Mr. Tuberville, Mr. Rounds, Mr. Barrasso, Mr.
Grassley, Ms. Murkowski, and Mr. Marshall) submitted an amendment
intended to be proposed by her to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 249. PROHIBITION ON RESEARCH OR DEVELOPMENT OF CELL
CULTURE AND OTHER NOVEL METHODS USED FOR THE
PRODUCTION OF CULTIVATED PROTEIN.
None of the funds authorized to be appropriated by this Act
may be used for the research or development of cell culture
or any other novel method used for the production of
cultivated protein.
______
SA 2582. Mr. MULLIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28__. PLAN AND COST ESTIMATE TO COMPLETE BORDER BARRIER
ON SOUTHWEST BORDER OF UNITED STATES.
(a) In General.--Subject to the availability of
appropriations, the Commanding General of the Army Corps of
Engineers, in consultation with the heads of other Federal
agencies, as appropriate, shall submit to the congressional
defense committees and the Committee on Environment and
Public Works of the Senate, not later than March 30, 2025, a
plan and cost estimate for completing the construction of a
physical barrier along the southwest border of the United
States within a two-year period.
(b) Elements.--The plan and cost estimate required under
subsection (a) shall include the following:
(1) An assessment of existing barriers along the southwest
border of the United States, including the length of existing
barriers that have fallen into disrepair and would require
replacement.
(2) An estimate of the length of new construction that
would be required to complete the construction of a physical
barrier along the southwest border of the United States,
factoring in the assessment under paragraph (1).
(3) An assessment of advisability of physical barrier
construction due to natural terrain features, land ownership
status, land preservation considerations, at risk species,
and other considerations as determined appropriate by the
Commanding General of the Army Corps of Engineers.
(4) A detailed map of new construction, including planned
locations for gates and other access points along the
physical barrier.
(5) A detailed map of the land that may be impacted by pre-
construction activities, construction activities, post-
construction cleanup, and other construction-related
activities, including a clear identification of impacted
public land, private land, tribal land, and Indigenous and
other cultural sites.
(6) An assessment of any land preservation considerations,
including an assessment of site restoration, environmental
mitigation, habitat mitigation, and other mitigation as
determined appropriate for land assessed under paragraphs (1)
and (3), as well as an identification of any impact to farm
or ranch land, and military bases and ranges.
(7) A detailed consultation plan for State, local, and
Tribal community engagement and stakeholder engagement,
including specifics on Tribal consultation, to be completed
within one year.
(8) A detailed identification of the materials required to
complete the construction described in subsection (a),
including any electrical, lighting, sensors, and other
fixtures, and the estimated cost of those materials.
(9) An estimated number of personnel that would be required
to complete the construction of a physical barrier within two
years and an estimated cost of such labor.
(10) An assessment of any additional construction that
would be advisable to support a physical barrier along the
southwest border of the United States, such as access roads
or watch towers, and an estimated cost of such construction.
(11) An assessment of any monitoring, sensing, and other
technologies that would be advisable for securing the
southwest border of the United States and an estimated cost
of those technologies.
(12) An assessment of the requirements for maintaining the
physical barrier along the southwest border of the United
States, including replacement of panels and anticipated
repair requirements, and an estimated annual cost of such
maintenance.
(c) Exclusion.--The plan and cost estimate required under
subsection (a) shall exclude any land for which a State has
requested excess materials for construction projects pursuant
to section 2890 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31).
(d) Increase.--The amount specified in E-10, line 470 for
the Office of the Secretary of Defense is hereby increased by
$5,000,000, with the amount of such increase to be used to
carry out the plan and cost estimate required under
subsection (a).
(e) Offset.--The amount specified in D-10, line 1 of the
Airland Mark is hereby decreased by $5,000,000.
[[Page S4926]]
______
SA 2583. Mr. MULLIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7__. MODIFICATION OF ADMINISTRATION OF MEDICAL
MALPRACTICE CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Section 2733a of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``subsection (g)'' and
inserting ``subsection (i)'';
(2) in subsection (b)(6), by striking ``subsection (g)''
and inserting ``subsection (i)'';
(3) in subsection (d)(1), by striking ``subsection (g)''
and inserting ``subsection (i)'';
(4) by redesignating subsections (g) through (j) as
subsections (i) through (l), respectively; and
(5) by inserting after subsection (f) the following new
subsections:
``(g) Expert Medical Opinion.--No claim under this section
may be denied on medical grounds until the Secretary obtains
an expert medical opinion on the medical malpractice alleged
under such claim from an individual who--
``(1) is not a member of the uniformed services or a
civilian employee of the Department of Defense; and
``(2) does not have a business, medical, or personal
relationship with the claimant.
``(h) Appeals.--(1) Any appeal from the denial of a claim
under this section shall be considered by a third-party
review board jointly established by the Chief Judge of the
United States Court of Appeals for the Armed Forces and the
Secretary of Defense.
``(2) The third-party review board established under
paragraph (1) shall consist of not more than five members,
all of whom who possess sufficient legal or medical
background, or both.
``(3) A claimant under this section that seeks an appeal
under paragraph (1) may submit the appeal directly to the
third-party review board established under such paragraph.
``(4) In considering an appeal from the denial of a claim
under this section, the third-party review board established
under paragraph (1) shall, at the request of the claimant,
allow for a hearing on the merits of the appeal in an
adversarial nature.
``(5) The Secretary of Defense shall provide to a claimant
seeking an appeal under paragraph (1) a copy of any response
to the appeal that is submitted on behalf of the Department
of Defense.
``(6) The third-party review board established under
paragraph (1) shall not consist of any member of the
uniformed services or civilian employee of the Department of
Defense.''.
(b) Appointment of Members.--Not later than 180 days after
the date of the enactment of this Act, the Chief Judge of the
United States Court of Appeals for the Armed Forces and the
Secretary of Defense shall jointly appoint members to the
board established under subsection (h)(1) of section 2733a of
title 10, United States Code, as added by subsection (a)(5).
(c) Report.--Not later than 180 days after the
establishment of the board required under subsection (h)(1)
of section 2733a of title 10, United States Code, as added by
subsection (a)(5), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report indicating--
(1) the membership of the board;
(2) the qualifying background of each member of the board;
and
(3) a statement indicating the independence of each member
of the board from the Department of Defense.
(d) Treatment of Awards.--If the number of awards to be
paid for claims under section 2733a of title 10, United
States Code, for a fiscal year beginning after the date of
the enactment of this Act is greater than the average number
of awards paid for the three fiscal years preceding such date
of enactment, any award that is greater than such average
number shall be paid subject to the discretion of the
Secretary of Defense and subject to the availability of
appropriations for such purpose.
______
SA 2584. Mr. YOUNG (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. ASSESSMENT OF BIOTECHNOLOGY CAPABILITIES OF
ADVERSARIES OF THE UNITED STATES.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with a federally funded
research and development center to conduct an assessment
relating to biotechnology and provide recommendations to the
Secretary.
(b) Agreement Elements.--Under an agreement between the
Secretary and a federally funded research and development
center under this section, the center shall agree--
(1) to conduct an assessment of--
(A) scientific topics relating to biotechnology;
(B) scientific capabilities of potential adversaries of the
United States, such as China, Iran, and Russia, relating to
biotechnology; and
(C) the current gaps and future scientific and
technological needs for adversaries of the United States to
be successful with respect to biotechnology capabilities; and
(2) to develop recommendations with respect to useful
indications of any advancement of such adversaries regarding
such capabilities.
(c) Responsibilities of Secretary.--Under an agreement
between the Secretary and a federally funded research and
development center under this section, the Secretary shall
agree--
(1) to appoint appropriate Department of Defense employees
as liaisons to the center to support the timely conduct of
the assessment described in subsection (b)(1);
(2) to provide the center with access to materials relevant
to the conduct of such assessment, consistent with the
protection of sources and methods and other critically
sensitive information; and
(3) to ensure that appropriate members and staff of the
center have the necessary security clearances, obtained in an
expedited manner, to conduct such assessment.
(d) Report.--
(1) In general.--If the Secretary enters into an agreement
with a federally funded research and development center under
this section, not later than October 1, 2025, the Secretary
shall submit to the congressional defense committees and the
National Security Commission on Emerging Biotechnology a
report that includes the findings and recommendations of the
center developed pursuant to the assessment described in
subsection (b)(1).
(2) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may contain a
classified annex.
(3) Transmittal to other department entities.--The
Secretary shall transmit to relevant offices of the
Department of Defense, including the offices of the Under
Secretary of Defense for Acquisition and Sustainment, the
Under Secretary of Defense for Research and Engineering, the
Under Secretary of Defense for Policy, the Under Secretary of
Defense for Intelligence and Security, and the Office of Net
Assessment, a copy of the report under paragraph (1).
______
SA 2585. Mr. YOUNG (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1272. REPORT ON INTERNATIONAL COLLABORATION ON DEFENSE
BIOTECHNOLOGY RESEARCH AND DEVELOPMENT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State and the Secretary
of Commerce, shall submit to the appropriate congressional
committees a report detailing any ongoing work with
international partners and treaty allies to advance research
and development on biotechnology, especially for applications
relevant to national defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the international security
partnerships that, as of the date on which the report is
submitted, do, or could, include biotechnology research and
development for defense, including--
(A) the Five Eyes intelligence alliance;
(B) the North Atlantic Treaty Organization (NATO); or
(C) any defense cooperation agreement entered into--
(i) with a major non-NATO ally designated under section 517
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k); or
(ii) under section 2350a of title 10, United States Code,
or the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228).
(2) A description of any challenges to collaborative
biotechnology research and development, including any
challenges that may prevent the partnerships described in
paragraph (1) from being leveraged to the fullest extent
possible.
(3) A description of any limitations on co-investments
within those partnerships.
(4) An assessment of whether any United States export
controls or other technology protections, including the
International
[[Page S4927]]
Traffic in Arms Regulations, are hindering information
sharing and cooperation on defense biotechnology research and
development.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
______
SA 2586. Mr. YOUNG (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. BIOTECHNOLOGY OVERSIGHT COORDINATION COMMITTEE.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) biotechnology harnesses the power of biology to create
new products and provides opportunities to grow the United
States economy, provide jobs for a skilled workforce, improve
resilience of supply chains, and improve the quality of human
lives and the environment; and
(B) a science-based, risk-proportionate, predictable,
efficient, and transparent system to support the safe use of
products of biotechnology will enable the United States to
continue to be a world leader in biotechnology research and
development.
(2) Purpose.--The purpose of this section is to coordinate
and enhance the efforts of the Federal Government under the
Coordinated Framework for the Regulation of Biotechnology to
protect health and the environment while enabling the
development, commercialization, and safe use of products
derived from plants, animals, and microorganisms developed
with biotechnology.
(b) Establishment of Committee.--
(1) In general.--The President, acting through the Director
of the Office of Science and Technology Policy and the
Director of the Office of Management and Budget, shall
establish an interagency committee to coordinate activities
of the Federal Government relating to biotechnology-specific
regulation and oversight (referred to in this section as the
``Committee'').
(2) Charter.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Committee shall--
(i) ratify a charter for the operation of the Committee;
and
(ii) make publicly available on the Unified Website for
Biotechnology Regulation developed pursuant to Executive
Order 13874 (7 U.S.C. 3121 note; relating to modernizing the
regulatory framework for agricultural biotechnology products)
(referred to in this section as the ``Unified Website'') that
ratified charter.
(B) Expansion or modification.--The Committee may expand
upon or modify the initial ratified charter under
subparagraph (A)(i) as needed.
(c) Membership.--The Committee shall be composed of the
heads, or their designees, of agencies responsible for
biotechnology oversight, including--
(1) the Animal and Plant Health Inspection Service, the
Agricultural Marketing Service, and the Food Safety and
Inspection Service of the Department of Agriculture;
(2) the Food and Drug Administration and the National
Institutes of Health of the Department of Health and Human
Services;
(3) the Environmental Protection Agency;
(4) the Office of Management and Budget;
(5) the Office of Science and Technology Policy; and
(6) other Federal agencies or entities as determined
appropriate by the Chair of the Committee.
(d) Chair.--The Director of the Office of Science and
Technology Policy shall serve as the Chair of the Committee.
(e) Regulatory Streamlining.--The Committee shall expand or
build upon efforts to coordinate biotechnology oversight,
including through measurable steps--
(1) to align or clarify regulatory timelines, approaches,
and data requirements;
(2) to facilitate information-sharing between regulatory
agencies, notwithstanding any other provision of law;
(3) to identify an initial point of contact for each type
of biotechnology product, including emerging products, and
clear hand-offs from one process or agency to another;
(4) to identify and minimize any areas of delay relative to
established timeframes, including by reducing duplicative
review and building upon prior reviews to the maximum extent
practicable; and
(5) to conduct periodic horizon-scanning for emerging
biotechnology processes and products to ensure appropriate
oversight.
(f) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Committee shall submit to Congress and make publicly
available on the Unified Website a description of the
following:
(1) Actions taken and next steps under subsection (e), with
a description of successes, specific staffing and resource
needs, and recommendations for removing any identified
barriers, including changes to statutes, regulations, or
guidance.
(2) A summary of the duration of oversight with respect to
biotechnology products, from the initial contact with a
developer to a decision with respect to the biotechnology
product, during a period of not less than 5 fiscal years
preceding the date of the report, including--
(A) the type of product;
(B) the 1 or more types of review;
(C) the 1 or more agencies that reviewed that product; and
(D) an explanation of timelines where needed.
(g) Unified Process.--Not later than 180 days after the
date of enactment of this Act, and annually thereafter, the
Committee shall submit to Congress and make publicly
available on the Unified Website the following:
(1) A singular, unified process to identify whether a
plant, animal, or microorganism produced with biotechnology
could reasonably have occurred naturally or been developed by
conventional means (meaning the genetic sequences of the
biotechnology product are present in the gene pool of the
plant, animal, or microorganism or could have arisen through
natural mutation mechanisms), taking into account existing
agency assessments where appropriate.
(2) Measurable actions the Committee and any member of the
Committee will take to implement or consider the unified
process described in paragraph (1) in their oversight of
biotechnology products, taking into account that organisms
identified via the process described in paragraph (1) would
continue to be regulated with product-specific oversight.
(3) Actions taken and progress made with respect to
paragraph (2).
(h) Molecular Farming and Precision Fermentation.--Not
later than 180 days after the date of enactment of this Act,
and annually thereafter, the Committee shall submit to
Congress and make publicly available on the Unified Website a
description of the following:
(1) Characteristics of organisms that may increase risk
pathways or otherwise hinder the production of substances
intended for extraction.
(2) Characteristics of organisms that may reduce risk
pathways associated with the production of substances
intended for extraction.
(3) Conditions that are useful for containing or
segregating organisms produced with biotechnology that may
reduce risk pathways associated with the production of
substances intended for extraction.
(4) Examples of organisms that--
(A) fit some or all of the characteristics described in
paragraph (2); and
(B) are amenable to some or all of the conditions described
in paragraph (3).
(5) Measurable actions the Committee and any member of the
Committee will take to implement or consider the
characteristics described in paragraph (2) and the conditions
described in paragraph (3) into their oversight of
biotechnology products.
(6) Actions taken under paragraph (5) and progress made
with respect to those actions.
(i) Coordination and Consultation.--
(1) Coordination.--The Committee shall coordinate, as
appropriate, with--
(A) other working groups and committees of the Federal
Government; and
(B) other relevant agencies.
(2) Consultation.--The Committee shall regularly consult in
a coordinated fashion regarding biotechnology oversight,
including with respect to the reports under subsection (f),
with States, Indian Tribes, territories, local governments,
biotechnology developers and relevant industries, academic
institutions, nongovernmental organizations, and other
stakeholders.
(j) Executive Secretaries.--
(1) Department of agriculture.--The Secretary of
Agriculture shall appoint an Executive Secretary to serve the
Committee, who shall be and remain a permanent employee of
the Department of Agriculture.
(2) Department of health and human services; environmental
protection agency.--The Secretary of Health and Human
Services and the Administrator of the Environmental
Protection Agency may each appoint an Executive Secretary to
serve the Committee, who shall be and remain a permanent
employee of the Department of Health and Human Services and
the Environmental Protection Agency, respectively.
(k) Comptroller General Review.--The Comptroller General of
the United States shall--
(1) not later than 1 year after the date of enactment of
this Act, begin a review to assess the efficacy of
interagency coordination and other activities conducted by
the Committee;
(2) not later than 18 months after the date of enactment of
this Act, provide to Congress a briefing of the initial
findings of the Comptroller General with respect to the
activities of the Committee; and
(3) not later than 2 years after the date of enactment of
this Act, provide to Congress a report describing the current
statutory authorities and oversight processes applicable
[[Page S4928]]
to biotechnology-specific regulation of products derived from
plants, animals, and microorganisms developed with
biotechnology, including a description of opportunities to
reduce gaps, duplication, overlap, and fragmentation.
(l) Exclusions.--This section shall not apply to human
medical research and products that are regulated solely by
the Food and Drug Administration.
______
SA 2587. Mr. YOUNG (for himself and Mr. Carper) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. SENSE OF THE SENATE ON DIGITAL TRADE AND THE
DIGITAL ECONOMY.
(a) Findings.--The Senate makes the following findings:
(1) Over half of the world's population, totaling more than
5,000,000,000 people, use the internet.
(2) The digital economy encompasses the economic and social
activity from billions of online connections among people,
businesses, devices, and data as a result of the internet,
mobile technology, and the internet of things.
(3) The Bureau of Economic Analysis found that the digital
economy contributed nearly 10.3 percent of United States
gross domestic product and supported 8,000,000 United States
jobs in 2020.
(4) The digital sector added 1,400,000 new jobs between
2019 and 2022.
(5) United States jobs supported by the digital economy
have sustained annual wage growth at a rate of 5.9 percent
since 2010, as compared to a 4.2 percent for all jobs.
(6) In 2021, United States exports of digital services
surpassed $594,000,000,000, accounting for more than half of
all United States services exports and generating a digital
services trade surplus for the United States of
$262,300,000,000.
(7) Digital trade bolsters the digital economy by enabling
the sale of goods on the internet and the supply of online
services across borders and depends on the free flow of data
across borders to promote commerce, manufacturing, and
innovation.
(8) Digital trade has become increasingly vital to United
States workers and businesses of all sizes, including the
countless small and medium-sized enterprises that use digital
technology, data flows, and e-commerce to export goods and
services across the world.
(9) Digital trade has advanced entrepreneurship
opportunities for women, people of color, and individuals
from otherwise underrepresented backgrounds and enabled the
formation of innovative start-ups.
(10) International supply chains are becoming increasingly
digitized and data driven and businesses in a variety of
industries, such as construction, healthcare, transportation,
and aerospace, invested heavily in digital supply chain
technologies in 2020.
(11) United States Trade Representative Katherine Tai said,
``[T]here is no bright line separating digital trade from the
digital economy--or the `traditional' economy for that
matter. Nearly every aspect of our economy has been digitized
to some degree.''.
(12) Industries outside of the technology sector, such as
manufacturing and agriculture, are integrating digital
technology into their businesses in order to increase
efficiency, improve safety, reach new customers, and remain
globally competitive.
(13) The increasing reliance on digital technologies has
modernized legacy processes, accelerated workflows, increased
access to information and services, and strengthened security
in a variety of industries, leading to better health,
environmental, and safety outcomes.
(14) The COVID-19 pandemic has led to increased uptake and
reliance on digital technologies, data flows, and e-commerce.
(15) Ninety percent of adults in the United States say that
the internet has been essential or important for them
personally during the COVID-19 pandemic.
(16) United States families, workers, and business owners
have seen how vital access to the internet has been to daily
life, as work, education, medicine, and communication with
family and friends have shifted increasingly online.
(17) Many individuals and families, especially in rural and
Tribal communities, struggle to participate in the digital
economy because of a lack of access to a reliable internet
connection.
(18) New developments in technology must be deployed with
consideration to the unique access challenges of rural, urban
underserved, and vulnerable communities.
(19) Digital trade has the power to help level the playing
field and uplift those in traditionally unrepresented or
underrepresented communities.
(20) Countries have negotiated international rules
governing digital trade in various bilateral and plurilateral
agreements, but those rules remain fragmented, and no
multilateral agreement on digital trade exists within the
World Trade Organization.
(21) The United States, through free trade agreements or
other digital agreements, has been a leader in developing a
set of rules and standards on digital governance and e-
commerce that has helped allies and partners of the United
States unlock the full economic and social potential of
digital trade.
(22) Congress recognizes the need for agreements on digital
trade, as indicated by its support for a robust digital trade
chapter in the United States-Mexico-Canada Agreement.
(23) Other countries are operating under their own digital
rules, some of which are contrary to democratic values shared
by the United States and many allies and partners of the
United States.
(24) Those countries are attempting to advance their own
digital rules on a global scale.
(25) Examples of the plethora of nontariff barriers to
digital trade that have emerged around the globe include--
(A) overly restrictive data localization requirements and
limitations on cross border data flows that do not achieve
legitimate public policy objectives;
(B) intellectual property rights infringement;
(C) policies that make market access contingent on forced
technology transfers or voluntary transfers subject to
coercive terms;
(D) web filtering;
(E) economic espionage;
(F) cybercrime exposure; and
(G) government-directed theft of trade secrets.
(26) Certain countries are pursuing or have implemented
digital policies that unfairly discriminate against
innovative United States technology companies and United
States workers that create and deliver digital products and
services.
(27) The Government of the People's Republic of China is
currently advancing a model for digital governance and the
digital economy domestically and abroad through its Digital
Silk Road Initiative that permits censorship, surveillance,
human and worker rights abuses, forced technology transfers,
and data flow restrictions at the expense of human and worker
rights, privacy, the free flow of data, and an open internet.
(28) The 2022 Country Reports on Human Rights Practices of
the Department of State highlighted significant human rights
issues committed by the People's Republic of China in the
digital realm, including ``arbitrary interference with
privacy including pervasive and intrusive technical
surveillance and monitoring including the use of COVID-19
tracking apps for nonpublic-health purposes; punishment of
family members for offenses allegedly committed by an
individual; serious restrictions on free expression and
media, including physical attacks on and criminal prosecution
of journalists, lawyers, writers, bloggers, dissidents,
petitioners, and others; serious restrictions on internet
freedom, including site blocking''.
(29) The United States discourages digital
authoritarianism, including practices that undermine human
and worker rights and result in other social and economic
coercion.
(30) Allies and trading partners of the United States in
the Indo-Pacific region have urged the United States to
deepen economic engagement in the region by negotiating rules
on digital trade and technology standards.
(31) The digital economy has provided new opportunities for
economic development, entrepreneurship, and growth in
developing countries around the world.
(32) Negotiating strong digital trade principles and
commitments with allies and partners across the globe enables
the United States to unite like-minded economies around
common standards and ensure that principles of democracy,
rule of law, freedom of speech, human and worker rights,
privacy, and a free and open internet are at the very core of
digital governance.
(33) United States leadership and substantive engagement is
necessary to ensure that global digital rules reflect United
States values so that workers are treated fairly, small
businesses can compete and win in the global economy, and
consumers are guaranteed the right to privacy and security.
(34) The United States supports rules that reduce digital
trade barriers, promote free expression and the free flow of
information, enhance privacy protections, protect sensitive
information, defend human and worker rights, prohibit forced
technology transfer, and promote digitally enabled commerce.
(35) The United States supports efforts to cooperate with
allies and trading partners to mitigate the risks of
cyberattacks, address potentially illegal or deceptive
business activities online, promote financial inclusion and
digital workforce skills, and develop rules to govern the use
of artificial intelligence and other emerging and future
technologies.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States should negotiate strong, inclusive,
forward-looking, and enforceable rules on digital trade and
the digital economy with like-minded countries as part of a
broader trade and economic strategy to address digital
barriers and ensure that the United States values of
democracy, rule of law, freedom of speech, human and worker
rights, privacy, and a free and open internet are at the very
core of the digital world and advanced technology;
(2) in conducting such negotiations, the United States
must--
[[Page S4929]]
(A) pursue digital trade rules that--
(i) serve the best interests of workers, consumers, and
small and medium-sized enterprises;
(ii) empower United States workers;
(iii) fuel wage growth; and
(iv) lead to materially positive economic outcomes for all
people in the United States;
(B) ensure that any future agreement prevents the adoption
of non-democratic, coercive, or overly restrictive policies
that would be obstacles to a free and open internet and harm
the ability of the e-commerce marketplace to continue to grow
and thrive;
(C) coordinate sufficient trade-related assistance to
ensure that developing countries can improve their capacity
and benefit from increased digital trade; and
(D) consult closely with all relevant stakeholders,
including workers, consumers, small and medium-sized
enterprises, civil society groups, and human rights
advocates; and
(3) with respect to any negotiations for an agreement
facilitating digital trade, the United States Trade
Representative and the heads of other relevant Federal
agencies must consult closely and on a timely basis with
Congress.
______
SA 2588. Mr. YOUNG submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PILOT PROGRAM ON GRIEF COMPANIONS FOLLOWING CASUALTY
NOTIFICATIONS.
(a) In General.--Commencing not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Navy, acting through the Commandant of the Marine Corps,
shall carry out a pilot program on providing training to,
validating, and deploying grief companions to facilitate
bereavement care provided by the Department of Defense
following casualty notifications with respect to members of
the Armed Forces.
(b) Duration.--The Secretary of the Navy, acting through
the Commandant of the Marine Corps, shall carry out the pilot
program required under subsection (a) for a period of not
less than one year.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $250,000 to carry out the pilot program
required under subsection (a).
______
SA 2589. Mr. YOUNG (for himself and Mr. Schatz) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ARTIFICIAL INTELLIGENCE PUBLIC AWARENESS AND
EDUCATION CAMPAIGN ACT.
(a) Short Title.--This section may be cited as the
``Artificial Intelligence Public Awareness and Education
Campaign Act''.
(b) Artificial Intelligence Public Awareness and Education
Campaign.--
(1) Definitions.--In this section:
(A) AI campaign.--The term ``AI Campaign'' means the public
awareness and education campaign conducted under this
section.
(B) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 (15 U.S.C. 9401).
(C) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(D) Key performance indicator.--The term ``key performance
indicator'' means a quantifiable metric that demonstrates how
effectively an initiative is at achieving its objectives.
(E) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(i) the Committee on Commerce, Science, and Transportation
of the Senate; and
(ii) the Committee on Science, Space, and Technology of the
House of Representatives.
(F) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) AI campaign.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with
the heads of relevant Federal agencies, including the
Director of the National Institute of Standards and
Technology and the Administrator of the National
Telecommunications and Information Administration, shall
conduct a public awareness and education campaign to provide
information regarding the benefits of, risks relating to, and
the prevalence of artificial intelligence in the daily lives
of individuals in the United States.
(3) Outreach.--In carrying out the AI Campaign, the
Secretary shall--
(A) determine the key performance indicators to evaluate
the effectiveness of the AI Campaign and obtain any baseline
data necessary for a comparative measurement of success;
(B) facilitate access to, and the exchange of, information
regarding artificial intelligence in order to promote up-to-
date knowledge regarding artificial intelligence and the
rights of an individual under law with respect to artificial
intelligence;
(C) identify, promote, and encourage the use of best
practices for the detection of provenance information with
respect to digital media by--
(i) including such media that is generated by human beings
and such media that is generated or significantly modified by
algorithms, including artificial intelligence, including
media commonly referred to as ``deepfakes'' and content
created by the programs commonly referred to as ``chatbots'';
(ii) providing resources and guidance on available tools
and methods for detecting or differentiating such media; and
(iii) identifying populations particularly susceptible to
artificial intelligence-enabled fraudulent activitiy,
including senior citizens, and conducting target outreach to
inform such populations of, and inoculate such populations
against, artificial intelligence-enabled scams and fraud;
(D) conduct outreach to the general public relating to the
prevalence of artificial intelligence in the daily lives of
individuals in the United States, including--
(i) applications that enable increase the productivity of
individuals, such as text-to-speech functionality, real-time
route planning, and predictive text suggestions; and
(ii) applications in use commercially, such as automated
decision-making, fraud detection, and financial trading; and
(E) conduct outreach about workforce opportunities,
including opportunities to work in the Federal Government,
for technologists and others with experience in the
development, deployment, and use of artificial intelligence,
including to institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(4) Expert consultation.--In conducting the AI Campaign,
the Secretary shall consult with a variety of stakeholders
from academic or research communities, public-private
partnerships, and private industry, including companies with
different roles in the use of artificial intelligence,
developers, deployers, users, and community development
organizations with expertise working with artificial
intelligence.
(5) Report.--
(A) In general.--Not later than 1 year after the date on
which the Secretary initiates the AI Campaign, the Secretary
shall submit to the relevant congressional committees a
report on the activities conducted under the AI Campaign.
(B) Contents.--The report required under subparagraph (A)
shall include--
(i) the key performance indicators determined for the
purpose of evaluating the overall effectiveness of the AI
Campaign; and
(ii) recommendations for subsequent actions, including in
any key areas in which the outcomes of the AI Campaign were
identified as insufficient.
(6) No additional funds.--No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
______
SA 2590. Mr. YOUNG (for himself and Mr. Padilla) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10__. NATIONAL SYNTHETIC BIOLOGY CENTER.
(a) Findings.--Congress finds that--
(1) the application of synthetic biology to accelerate
innovation in food and agriculture is critical to--
(A) the national security and economic future of the United
States; and
(B) the ability of the United States to feed and fuel the
global economy;
(2) while agriculture has experienced significant
advancements in productivity and sustainability, the future
of the food system relies on disruptive technologies
catalyzed by synthetic biology at the intersections of soil
health, plant science, animal health, and, ultimately, human
health;
(3) synthetic biology is a key tool to defend against
terrorism and high-consequence events;
(4) investments into synthetic biology will catalyze the
strengths of engineering, agriculture, and manufacturing to
develop a resilient food and agriculture system;
(5) resiliency is accomplished through advanced
biotechnology and digital solutions to keep the United States
at the forefront of feeding the United States and the world;
(6) Congress has historically prioritized a safe and secure
food supply in the United States, as evidenced by the
enactment of the Securing Our Agriculture and Food Act
(Public Law 115-43; 131 Stat. 884); and
(7) innovation and research are necessary to push the
boundaries of science to develop
[[Page S4930]]
disruptive technologies that advance national security
through food security.
(b) Definitions.--In this section:
(1) 1862 institution; 1890 institution.--The terms ``1862
Institution'' and ``1890 Institution'' have the meanings
given those terms in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).
(2) 1994 institution.--The term ``1994 Institution'' has
the meaning given the term in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382).
(3) Center.--The term ``Center'' means the National
Synthetic Biology Center established under subsection (c)(1).
(4) Eligible institution.--The term ``eligible
institution'' means--
(A) an 1862 Institution;
(B) an 1890 Institution; and
(C) a 1994 Institution.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(c) Establishment of National Synthetic Biology Center.--
(1) In general.--The Secretary, in consultation with the
head of any other relevant Federal agency, shall establish a
center, to be known as the ``National Synthetic Biology
Center'', to award grants, on a competitive basis, to
eligible institutions.
(2) Purpose.--The purpose of the Center is to provide a hub
for researchers and industry partners in the United States to
discover and develop science-based solutions based on
synthetic biology to improve agricultural performance while
minimizing environmental impact and improving overall food
system resiliency.
(d) Partnerships.--The Center shall provide grants to
eligible institutions to carry out projects in partnership
with not fewer than 1 other entity, which may include--
(1) a nonprofit organization;
(2) a State entity;
(3) a National Laboratory;
(4) an 1862 Institution;
(5) an 1890 Institution;
(6) a 1994 Institution; or
(7) any combination of entities described in paragraphs (1)
through (6).
(e) Application.--
(1) In general.--An eligible institution seeking a grant
under this section shall submit an application to the Center
at such time, in such manner, and containing such information
as the Center may require.
(2) Requirements.--An application submitted under paragraph
(1) shall include, at a minimum, a description of how the
proposed project will--
(A) promote innovative synthetic biology technologies and
practices that address current and emerging challenges in the
food and agriculture sector;
(B) foster the development and dissemination of science-
based educational resources and training programs on
synthetic biology for stakeholders in the agricultural
community;
(C) enhance the efficiency, sustainability, and resiliency
of food production systems through synthetic biology
interventions; and
(D) monitor and evaluate the impacts, benefits, and
challenges of implementing synthetic biology solutions in
real-world agricultural settings.
(f) Use of Funds.--
(1) Research priorities.--In awarding grants to eligible
institutions, the Center shall prioritize the following areas
of research:
(A) Cellular biology.
(B) Genomes to phenomes.
(C) Microbiomes or microbes.
(D) Gene editing.
(E) Digital agriculture.
(F) Fermentation.
(G) Controlled environment agriculture.
(2) Purposes.--An eligible institution receiving a grant
from the Center may use the grant for the following purposes:
(A) To explore and advance biotechnology applied to food
science in the creation of new protein sources for human and
animal consumption.
(B) To build on the Agricultural Genome to Phenome
Initiative (also known as the ``AG2PI'') of the National
Institute of Food and Agriculture to inform approaches to
understanding how variable weather, environments, and
production systems interact with genetic diversity in crops
and animals to impact growth and productivity.
(C) To advance the development and commercialization of
nutritional and therapeutic innovations to improve the health
of livestock and companion animals.
(D) To create new crops that have functional mutations that
improve performance and increase climate resiliency through
increased efficiency in the use of inputs and increased
disease and pest resistance.
(E) To apply artificial intelligence, machine learning,
data science, and advanced computational processes to
accelerate modeling and measurement for new synthetic
biological solutions.
(F) To strengthen advanced manufacturing sciences and
infrastructure to use microorganisms to produce food and
agricultural products, including vaccines, crop protection
products, and food products for human and animal nutrition,
by capitalizing on the strength of food science, engineering,
and pharmacy.
(G) To advance diversity of crops to increase the food
supply and explore pharmaceutical plant-based derivatives
within a controlled environment.
(g) Timing of Awards.--Not later than 1 year after the date
of enactment of this Act, the Center shall begin awarding
grants under this section.
(h) Coordination.--
(1) Grant recipients.--An eligible institution receiving a
grant from the Center under this section shall endeavor to
coordinate with a wide range of experts and researchers to
create efficiency in the innovation development pipeline.
(2) Center.--The Center shall coordinate with technology
transfer offices or technology licensing offices in order to
disseminate innovations and reach commercialization.
(i) Website.--The Center shall establish and maintain a
website with a user friendly portal in order to disseminate
synthetic biology findings and connect researchers and
innovators to collaborative opportunities.
(j) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Center shall submit to the relevant committees of Congress a
report detailing--
(1) any findings from the research funded by the Center;
(2) the progress of any innovation funded by the Center;
(3) a description of the focus and proposed goals of each
grant recipient;
(4) an assessment, based on a common set of metrics across
all grant recipients, of the success of each grant recipient
in improving efficiency in the innovation development
pipeline; and
(5) any recommendations for administrative or legislative
action that may optimize the effectiveness of the research
activities carried out by grant recipients under this
section.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary--
(1) $5,000,000 for each of fiscal years 2025 through 2029,
to remain available until expended, for the awarding of
grants by the Center; and
(2) $1,000,000 for each of fiscal years 2025 through 2029,
to remain available until expended, for the establishment of
the Center and for other activities of the Center.
______
SA 2591. Ms. SINEMA submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. WILDLAND FIREFIGHTER PAYCHECK PROTECTION.
(a) Special Base Rates of Pay for Wildland Firefighters.--
(1) In general.--Subchapter III of chapter 53 of title 5,
United States Code, is amended by inserting after section
5332 the following:
``Sec. 5332a. Special base rates of pay for wildland
firefighters
``(a) Definitions.--In this section--
``(1) the term `firefighter' means an employee who--
``(A) is a firefighter within the meaning of section
8331(21) or section 8401(14);
``(B) in the case of an employee who holds a supervisory or
administrative position and is subject to subchapter III of
chapter 83, but who does not qualify to be considered a
firefighter within the meaning of section 8331(21), would
otherwise qualify if the employee had transferred directly to
that position after serving as a firefighter within the
meaning of that section;
``(C) in the case of an employee who holds a supervisory or
administrative position and is subject to chapter 84, but who
does not qualify to be considered a firefighter within the
meaning of section 8401(14), would otherwise qualify if the
employee had transferred directly to that position after
performing duties described in section 8401(14)(A) for at
least 3 years; or
``(D) in the case of an employee who is not subject to
subchapter III of chapter 83 or chapter 84, holds a position
that the Office of Personnel Management determines would
satisfy subparagraph (A), (B), or (C) if the employee were
subject to subchapter III of chapter 83 or chapter 84;
``(2) the term `General Schedule base rate' means an annual
rate of basic pay established under section 5332 before any
additions, such as a locality-based comparability payment
under section 5304 or 5304a or a special rate supplement
under section 5305;
``(3) the term `special base rate' means an annual rate of
basic pay payable to a wildland firefighter, before any
additions or reductions, that replaces the General Schedule
base rate otherwise applicable to the wildland firefighter
and that is administered in the same manner as a General
Schedule base rate; and
``(4) the term `wildland firefighter' means a firefighter--
``(A) who is employed by the Forest Service or the
Department of the Interior; and
``(B) the duties of the position of whom relate primarily
to wildland fires, as opposed to structure fires.
[[Page S4931]]
``(b) Special Base Rates of Pay.--
``(1) Entitlement to special rate.--Notwithstanding section
5332, a wildland firefighter is entitled to a special base
rate at grades 1 through 15, which shall--
``(A) replace the otherwise applicable General Schedule
base rate for the wildland firefighter;
``(B) be basic pay for all purposes, including the purpose
of computing a locality-based comparability payment under
section 5304 or 5304a; and
``(C) be computed as described in paragraph (2) and
adjusted at the time of adjustments in the General Schedule.
``(2) Computation.--
``(A) In general.--The special base rate for a wildland
firefighter shall be derived by increasing the otherwise
applicable General Schedule base rate for the wildland
firefighter by the following applicable percentage for the
grade of the wildland firefighter and rounding the result to
the nearest whole dollar:
``(i) For GS-1, 42 percent.
``(ii) For GS-2, 39 percent.
``(iii) For GS-3, 36 percent.
``(iv) For GS-4, 33 percent.
``(v) For GS-5, 30 percent.
``(vi) For GS-6, 27 percent.
``(vii) For GS-7, 24 percent.
``(viii) For GS-8, 21 percent.
``(ix) For GS-9, 18 percent.
``(x) For GS-10, 15 percent.
``(xi) For GS-11, 12 percent.
``(xii) For GS-12, 9 percent.
``(xiii) For GS-13, 6 percent.
``(xiv) For GS-14, 3 percent.
``(xv) For GS-15, 1.5 percent.
``(B) Hourly, daily, weekly, or biweekly rates.--When the
special base rate with respect to a wildland firefighter is
expressed as an hourly, daily, weekly, or biweekly rate, the
special base rate shall be computed from the appropriate
annual rate of basic pay derived under subparagraph (A) in
accordance with the rules under section 5504(b).''.
(2) Clerical amendment.--The table of sections for
subchapter III of chapter 53 of title 5, United States Code,
is amended by inserting after the item relating to section
5332 the following:
``5332a. Special base rates of pay for wildland firefighters.''.
(3) Prevailing rate employees.--Section 5343 of title 5,
United States Code, is amended by adding at the end the
following:
``(g)(1) For a prevailing rate employee described in
section 5342(a)(2)(A) who is a wildland firefighter, as
defined in section 5332a(a), the Secretary of Agriculture or
the Secretary of the Interior (as applicable) shall increase
the wage rates of that employee by an amount (determined at
the sole and exclusive discretion of the applicable Secretary
after consultation with the other Secretary) that is
generally consistent with the percentage increases given to
wildland firefighters in the General Schedule under section
5332a.
``(2) An increased wage rate under paragraph (1) shall be
basic pay for the same purposes as the wage rate otherwise
established under this section.
``(3) An increase under this subsection may not cause the
wage rate of an employee to increase to a rate that would
produce an annualized rate in excess of the annual rate for
level IV of the Executive Schedule.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first applicable
pay period beginning on or after the date of enactment of
this Act.
(5) Applicability.--Notwithstanding section 40803(d)(4)(B)
of the Infrastructure Investment and Jobs Act (16 U.S.C.
6592(d)(4)(B)), the salary increase in such section shall not
apply to the positions described in such section for service
performed on or after the effective date described in
paragraph (4) of this subsection.
(b) Wildland Fire Incident Response Premium Pay.--
(1) In general.--Subchapter V of chapter 55 of title 5,
United Sates Code, is amended by inserting after section
5545b the following:
``Sec. 5545c. Incident response premium pay for employees
engaged in wildland firefighting
``(a) Definitions.--In this section--
``(1) the term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Energy and Natural Resources of the
Senate;
``(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
``(D) the Committee on Appropriations of the Senate;
``(E) the Committee on Oversight and Accountability of the
House of Representatives;
``(F) the Committee on Agriculture of the House of
Representatives;
``(G) the Committee on Natural Resources of the House of
Representatives; and
``(H) the Committee on Appropriations of the House of
Representatives;
``(2) the term `covered employee' means an employee of the
Forest Service or the Department of the Interior who is--
``(A) a wildland firefighter, as defined in section
5332a(a); or
``(B) certified by the applicable agency to perform
wildland fire incident-related duties during the period that
employee is deployed to respond to a qualifying incident;
``(3) the term `incident response premium pay' means pay to
which a covered employee is entitled under subsection (c);
``(4) the term `prescribed fire incident' means a wildland
fire originating from a planned ignition in accordance with
applicable laws, policies, and regulations to meet specific
objectives;
``(5) the term `qualifying incident'--
``(A) means--
``(i) a wildfire incident, a prescribed fire incident, or a
severity incident; or
``(ii) an incident that the Secretary of Agriculture or the
Secretary of the Interior determines is similar in nature to
an incident described in clause (i); and
``(B) does not include an initial response (including an
initial attack fire) in which a wildfire is contained within
36 hours; and
``(6) the term `severity incident' means an incident in
which a covered employee is pre-positioned in an area in
which conditions indicate there is a high risk of wildfires.
``(b) Eligibility.--A covered employee is eligible for
incident response premium pay under this section if--
``(1) the covered employee is deployed to respond to a
qualifying incident; and
``(2) the deployment described in paragraph (1) is--
``(A) outside of the official duty station of the covered
employee; or
``(B) within the official duty station of the covered
employee and the covered employee is assigned to an incident-
adjacent fire camp or other designated field location.
``(c) Entitlement to Incident Response Premium Pay.--
``(1) In general.--A covered employee who satisfies the
conditions under subsection (b) is entitled to premium pay
for the period in which the covered employee is deployed to
respond to the applicable qualifying incident.
``(2) Computation.--
``(A) Formula.--Subject to subparagraphs (B) and (C),
premium pay under paragraph (1) shall be paid to a covered
employee at a daily rate of 450 percent of the hourly rate of
basic pay of the covered employee for each day that the
covered employee satisfies the requirements under subsection
(b), rounded to the nearest whole cent.
``(B) Limitation.--Premium pay under this subsection--
``(i) with respect to a covered employee for whom the
annual rate of basic pay is greater than that for step 10 of
GS-10, shall be paid at the daily rate established under
subparagraph (A) for the applicable rate for step 10 of GS-10
(where the applicable rate is the rate in effect in the same
locality that is the basis for a locality-based comparability
payment payable to the covered employee under section 5304);
and
``(ii) may not be paid to a covered employee in a total
amount that exceeds $9,000 in any calendar year.
``(C) Adjustments.--
``(i) Assessment.--The Secretary of Agriculture and the
Secretary of the Interior shall assess the difference between
the average total amount of compensation that was paid to
covered employees, by grade, in fiscal years 2023 and 2024.
``(ii) Report.--Not later than 180 days after the date that
is 1 year after the effective date of this section, the
Secretary of Agriculture and the Secretary of the Interior
shall jointly publish a report on the results of the
assessment conducted under clause (i).
``(iii) Administrative actions.--After publishing the
report required under clause (ii), the Secretary of
Agriculture and the Secretary of the Interior, in
consultation with the Director of the Office of Personnel
Management, may, in the sole and exclusive discretion of the
Secretaries acting jointly, administratively adjust the
amount of premium pay paid under this subsection (or take
other administrative action) to ensure that the average
annual amount of total compensation paid to covered
employees, by grade, is more consistent with such amount that
was paid to those employees in fiscal year 2023.
``(iv) Congressional notification.--Not later than 3 days
after an adjustment made, or other administrative action
taken, under clause (iii) becomes final, the Secretary of
Agriculture and the Secretary of the Interior shall jointly
submit to the appropriate committees of Congress a
notification regarding that adjustment or other
administrative action, as applicable.
``(d) Treatment of Incident Response Premium Pay.--Incident
response premium pay under this section--
``(1) is not considered part of the basic pay of a covered
employee for any purpose;
``(2) may not be considered in determining a covered
employee's lump-sum payment for accumulated and accrued
annual leave under section 5551 or section 5552;
``(3) may not be used in determining pay under section 8114
(relating to compensation for work injuries);
``(4) may not be considered in determining pay for hours of
paid leave or other paid time off during which the premium
pay is not payable; and
``(5) shall be disregarded in determining the minimum wage
and overtime pay to which a covered employee is entitled
under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).''.
(2) Additional premium pay amendments.--Subchapter V of
chapter 55 of title 5, United States Code, is amended--
(A) in section 5544--
(i) by amending the section heading to read as follows:
``wage-board overtime, sunday rates, and other premium pay'';
and
(ii) by adding at the end the following:
[[Page S4932]]
``(d) A prevailing rate employee described in section
5342(a)(2)(A) shall receive incident response premium pay
under the same terms and conditions that apply to a covered
employee under section 5545c if that employee--
``(1) is employed by the Forest Service or the Department
of the Interior; and
``(2)(A) is a wildland firefighter, as defined in section
5332a(a); or
``(B) is certified by the applicable agency to perform
wildland fire incident-related duties during the period the
employee is deployed to respond to a qualifying incident (as
defined in section 5545c(a)).''; and
(B) in section 5547(a), in the matter preceding paragraph
(1), by inserting ``5545c,'' after ``5545a,''.
(3) Clerical amendments.--The table of sections for
subchapter V of chapter 55 of title 5, United States Code, is
amended--
(A) by amending the item relating to section 5544 to read
as follows:
``5544. Wage-board overtime, Sunday rates, and other premium pay.'';
and
(B) by inserting after the item relating to section 5545b
the following:
``5545c. Incident response premium pay for employees engaged in
wildland firefighting.''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the first day of the first applicable
pay period beginning on or after the date of enactment of
this Act.
(c) Rest and Recuperation Leave for Employees Engaged in
Wildland Firefighting.--
(1) In general.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 6329e. Rest and recuperation leave for employees
engaged in wildland firefighting
``(a) Definitions.--In this section--
``(1) the term `applicable Secretary' means the Secretary
of Agriculture or the Secretary of the Interior, as
applicable to a covered employee;
``(2) the term `covered employee' means an employee of the
Forest Service or the Department of the Interior who--
``(A) qualifies as a wildland firefighter based on the
definitions of the terms `firefighter' and `wildland
firefighter' in section 5332a(a) (applying the definition of
`employee' in section 6301(2) in lieu of the definition of
`employee' in section 5331(a)); or
``(B) is certified by the applicable Secretary to perform
wildland fire incident-related duties during the period the
employee is deployed to respond to a qualifying incident; and
``(3) the term `qualifying incident' has the meaning given
the term in section 5545c(a).
``(b) Rest and Recuperation Leave.--
``(1) In general.--A covered employee may receive paid rest
and recuperation leave following the completion of service in
which the covered employee is deployed to respond to a
qualifying incident, subject to the policies prescribed under
this subsection.
``(2) Prescription of policies.--The Secretary of
Agriculture and the Secretary of the Interior shall, in the
sole and exclusive discretion of the Secretaries acting
jointly, prescribe uniform policies described in paragraph
(1) after consulting with the other applicable Secretary.
``(3) Content of policies.--The policies prescribed under
paragraph (2) may include--
``(A) a maximum period of days in which a covered employee
is deployed to respond to a qualifying incident, which
shall--
``(i) begin on the date on which the covered employee
departs from the official duty station of the covered
employee and end on the date on which the covered employee
returns to the official duty station of the covered employee;
and
``(ii) be followed by a minimum number of days of rest and
recuperation for the covered employee; or
``(B) a requirement that prohibits a covered employee from
working more than 16 hours per day on average over a 14-day
period during which the covered employee is deployed to
respond to a qualifying incident.
``(c) Use of Leave.--
``(1) In general.--Rest and recuperation leave granted
under this section--
``(A) shall be used during scheduled hours within the tour
of duty of the applicable covered employee established for
leave-charging purposes;
``(B) shall be paid in the same manner as annual leave;
``(C) shall be used immediately after a qualifying
incident; and
``(D) may not be set aside for later use.
``(2) No payment.--A covered employee may not receive any
payment for unused rest and recuperation leave granted under
this section.
``(d) Intermittent Work Schedule.--A covered employee with
an intermittent work schedule--
``(1) shall be excused from duty during the same period of
time that other covered employees in the same circumstances
are entitled to rest and recuperation leave; and
``(2) shall receive a payment as if the covered employee
were entitled to rest and recuperation leave under subsection
(b).''.
(2) Technical and conforming amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after the item relating
to section 6329d the following:
``6329e. Rest and recuperation leave for employees engaged in wildland
firefighting.''.
______
SA 2592. Mr. COONS (for himself and Mr. Scott of South Carolina)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. PARTNERSHIPS AND EDUCATIONAL EXCHANGE
OPPORTUNITIES WITH SUB-SAHARAN AFRICANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the strategic interest of the United States to
strengthen relations with Sub-Saharan African countries to
promote shared interests in the areas of--
(A) democracy and good governance;
(B) education and human capital;
(C) trade and economic development;
(D) science and technology;
(E) biodiversity, food, and agriculture; and
(F) the preservation and management of natural resources,
including critical minerals; and
(2) historically Black colleges and universities (referred
to in this section as ``HBCUs'') have a long history of--
(A) cultivating diaspora relations with Sub-Saharan African
states; and
(B) developing innovative solutions to some of the world's
most pressing challenges.
(b) Strengthened Partnerships.--The Secretary of State and
the Administrator of the United States Agency for
International Development should seek to strengthen and
expand partnerships and educational exchange opportunities,
including by working with HBCUs, which build the capacity and
expertise of students, scholars, and experts from Sub-Saharan
Africa in key development sectors.
(c) Technical Assistance.--The Administrator of the United
States Agency for International Development may--
(1) provide technical assistance to HBCUs to assist in
fulfilling the goals of this section, including in developing
contracts, operating agreements, legal documents, and related
infrastructure; and
(2) upon request, provide feedback to HBCUs, to the maximum
extent practicable, after a grant rejection from relevant
Federal programs in order to improve future grant
applications, as appropriate.
(d) Bureau of Educational and Cultural Affairs
Programming.--The Secretary of State, working through the
Bureau of Educational and Cultural Affairs, may establish a
short-term graduate and technical expert exchange program for
Sub-Saharan African students, scholars, and technical experts
to spend a semester or academic year of nondegree study at
institutions that have a demonstrated history of cultivating
relations with diaspora populations from Sub-Saharan African
states, including HBCU's, to support knowledge and skills
training in the sectors referred to in subsection (a)(1).
______
SA 2593. Mr. BENNET (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. MANDATORY DECLARATIONS OF CERTAIN REAL ESTATE
TRANSACTIONS TO COMMITTEE ON FOREIGN INVESTMENT
IN THE UNITED STATES.
Section 721(b)(1)(C)(v)(IV) of the Defense Production Act
of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)) is amended by adding
at the end the following:
``(hh) Required declarations for certain real estate
transactions.--
``(AA) In general.--The parties to a transaction described
in subitem (BB) shall submit a declaration described in
subclause (I) with respect to the transaction.
``(BB) Transactions described.--Any transaction described
in this subitem is a covered transaction described in
subsection (a)(4)(B)(ii) by a foreign person or a foreign
entity described in section 802.221 or 802.218, respectively,
of title 31, Code of Federal Regulations, that provides the
person or entity an interest, other than a security, in any
form of real estate (other than residential property) that is
located 50 miles or less from a military installation or
other facility or property of the United States Government
that is sensitive for reasons relating to national security
on the list set forth in Appendix A to part 802 of title 31,
Code of Federal Regulations (as of the date of the enactment
of the National Defense Authorization Act for Fiscal Year
2025).''.
______
SA 2594. Ms. SINEMA submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for
[[Page S4933]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--IMPROVING DIGITAL IDENTITY
SEC. __01. FINDINGS.
Congress finds the following:
(1) The lack of an easy, affordable, reliable, and secure
way for organizations, businesses, and government agencies to
identify whether an individual is who they claim to be online
creates an attack vector that is widely exploited by
adversaries in cyberspace and precludes many high-value
transactions from being available online.
(2) Incidents of identity theft and identity fraud continue
to rise in the United States, where more than 293,000,000
people were impacted by data breaches in 2021.
(3) Since 2017, losses resulting from identity fraud have
increased by 333 percent, and, in 2020, those losses totaled
$56,000,000,000.
(4) The Director of the Financial Crimes Enforcement
Network of the Department of the Treasury has stated that the
abuse of personally identifiable information and other
building blocks of identity is a key enabler behind much of
the fraud and cybercrime affecting the United States today.
(5) The inadequacy of current digital identity solutions
degrades security and privacy for all people in the United
States, and next generation solutions are needed that improve
security, privacy, equity, and accessibility.
(6) Government entities, as authoritative issuers of
identity in the United States, are uniquely positioned to
deliver critical components that address deficiencies in the
digital identity infrastructure of the United States and
augment private sector digital identity and authentication
solutions.
(7) State governments are particularly well-suited to play
a role in enhancing digital identity solutions used by both
the public and private sectors, given the role of State
governments as the issuers of driver's licenses and other
identity documents commonly used today.
(8) The public and private sectors should collaborate to
deliver solutions that promote confidence, privacy, choice,
equity, accessibility, and innovation. The private sector
drives much of the innovation around digital identity in the
United States and has an important role to play in delivering
digital identity solutions.
(9) The bipartisan Commission on Enhancing National
Cybersecurity has called for the Federal Government to
``create an interagency task force directed to find secure,
user-friendly, privacy-centric ways in which agencies can
serve as 1 authoritative source to validate identity
attributes in the broader identity market. This action would
enable Government agencies and the private sector to drive
significant risk out of new account openings and other high-
risk, high-value online services, and it would help all
citizens more easily and securely engage in transactions
online.''.
(10) It should be the policy of the Federal Government to
use the authorities and capabilities of the Federal
Government, in coordination with State, local, Tribal, and
territorial partners and private sector innovators, to
enhance the security, reliability, privacy, equity,
accessibility, and convenience of consent-based digital
identity solutions that support and protect transactions
between individuals, government entities, and businesses, and
that enable people in the United States to prove who they are
online.
SEC. __02. DEFINITIONS.
In this title:
(1) Appropriate notification entities.--The term
``appropriate notification entities'' means--
(A) the President;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Commerce, Science,
and Transportation of the Senate; and
(C) the Committee on Oversight and Accountability of the
House of Representatives.
(2) Digital identity verification.--The term ``digital
identity verification'' means a process to verify the
identity or an identity attribute of an individual accessing
a service online.
(3) Director.--The term ``Director'' means the Director of
the Task Force.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(5) Identity attribute.--The term ``identity attribute''
means a data element associated with the identity of an
individual, including the name, address, date of birth, or
social security number of an individual.
(6) Identity credential.--The term ``identity credential''
means a document or other evidence of the identity of an
individual issued by a government agency that conveys the
identity of the individual, including a driver's license or
passport.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(8) Task force.--The term ``Task Force'' means the
Improving Digital Identity Task Force established under
section __03(a).
SEC. __03. IMPROVING DIGITAL IDENTITY TASK FORCE.
(a) Establishment.--There is established in the Executive
Office of the President a task force to be known as the
``Improving Digital Identity Task Force''.
(b) Purpose.--The purpose of the Task Force shall be to
establish and coordinate a government-wide effort to develop
secure methods for Federal, State, local, Tribal, and
territorial agencies to improve access and enhance security
between physical and digital identity attributes and identity
credentials, particularly by promoting the development of
digital versions of existing physical identity credentials,
including driver's licenses, e-Passports, and birth
certificates, to--
(1) protect the privacy and security of individuals;
(2) support reliable, interoperable digital identity
verification in the public and private sectors; and
(3) in achieving paragraphs (1) and (2), place a particular
emphasis on--
(A) reducing identity theft and fraud;
(B) enabling trusted transactions; and
(C) ensuring equitable access to digital identity
verification.
(c) Director.--
(1) In general.--The Task Force shall have a Director, who
shall be appointed by the President.
(2) Position.--The Director shall serve at the pleasure of
the President.
(3) Pay and allowances.--The Director shall be compensated
at the rate of basic pay prescribed for level II of the
Executive Schedule under section 5313 of title 5, United
States Code.
(4) Qualifications.--The Director shall have substantive
technical expertise and managerial acumen that--
(A) is in the business of digital identity management,
information security, or benefits administration;
(B) is gained from not less than 1 organization; and
(C) includes specific expertise gained from academia,
advocacy organizations, or the private sector.
(5) Exclusivity.--The Director may not serve in any other
capacity within the Federal Government while serving as
Director.
(6) Term.--The term of the Director, including any official
acting in the role of the Director, shall terminate on the
date described in subsection (k).
(d) Membership.--
(1) Federal government representatives.--The Task Force
shall include the following individuals or the designees of
such individuals:
(A) The Secretary.
(B) The Secretary of the Treasury.
(C) The Director of the National Institute of Standards and
Technology.
(D) The Director of the Financial Crimes Enforcement
Network.
(E) The Commissioner of Social Security.
(F) The Secretary of State.
(G) The Administrator of General Services.
(H) The Director of the Office of Management and Budget.
(I) The Postmaster General of the United States Postal
Service.
(J) The National Cyber Director.
(K) The Attorney General.
(L) The Chair of the Federal Trade Commission.
(M) The heads of other Federal agencies or offices as the
President may designate or invite, as appropriate.
(2) State, local, tribal, and territorial government
representatives.--The Director shall appoint to the Task
Force 6 State, local, Tribal, or territorial government
officials who represent agencies that issue identity
credentials and who have--
(A) experience in identity technology and services;
(B) knowledge of the systems used to provide identity
credentials; or
(C) any other qualifications or competencies that may help
achieve balance or otherwise support the mission of the Task
Force.
(3) Nongovernmental experts.--
(A) In general.--The Director shall appoint to the Task
Force 5 nongovernmental experts.
(B) Specific appointments.--The experts appointed under
subparagraph (A) shall include the following:
(i) A member who is a privacy and civil liberties expert.
(ii) A member who is a technical expert in identity
verification.
(iii) A member who is a technical expert in cybersecurity
focusing on identity verification services.
(iv) A member who represents the identity verification
services industry.
(v) A member who represents a party that relies on
effective identity verification services to conduct business.
(e) Working Groups.--The Director shall organize the
members of the Task Force into appropriate working groups for
the purpose of increasing the efficiency and effectiveness of
the Task Force, as appropriate.
(f) Meetings.--The Task Force shall--
(1) convene at the call of the Director; and
(2) provide an opportunity for public comment in accordance
with section 1009(a)(3) of title 5, United States Code.
(g) Duties.--In carrying out the purpose described in
subsection (b), the Task Force shall--
(1) identify Federal, State, local, Tribal, and territorial
agencies that issue identity
[[Page S4934]]
credentials or hold identity attribute information of
individuals;
(2) assess restrictions with respect to the abilities of
the agencies described in paragraph (1) to verify identity or
attribute information for other agencies and nongovernmental
organizations;
(3) assess any necessary changes in statutes, regulations,
or policy to address any restrictions assessed under
paragraph (2);
(4) recommend a strategy, based on existing standards, to
enable agencies to provide services relating to digital
identity verification in a way that--
(A) is secure, protects privacy, and protects individuals
against unfair and misleading practices;
(B) prioritizes equity and accessibility;
(C) requires individual consent for the provision of
digital identify verification services by a Federal, State,
local, Tribal, or territorial agency;
(D) is interoperable among participating Federal, State,
local, Tribal, and territorial agencies, as appropriate and
in accordance with applicable laws; and
(E) prioritizes technical standards developed by voluntary
consensus standards bodies in accordance with section 12(d)
of the National Technology Transfer and Advancement Act of
1995 (15 U.S.C. 272 note) and guidance under OMB Circular A-
119, entitled ``Federal Participation in the Development and
Use of Voluntary Consensus Standards and in Conformity
Assessment Activities'', or any successor thereto;
(5) recommend principles to promote policies for shared
identity proofing across public sector agencies, which may
include single sign-on or broadly accepted attestations;
(6) identify funding or other resources needed to support
the agencies described in paragraph (4) that provide digital
identity verification, including recommendations with respect
to the need for and the design of a Federal grant program to
implement the recommendations of the Task Force and
facilitate the development and upgrade of State, local,
Tribal, and territorial highly-secure interoperable systems
that enable digital identity verification;
(7) recommend funding models to provide digital identity
verification to private sector entities, which may include
fee-based funding models;
(8) determine if any additional steps are necessary with
respect to Federal, State, local, Tribal, and territorial
agencies to improve digital identity verification and
management processes for the purpose of enhancing the
security, reliability, privacy, accessibility, equity, and
convenience of digital identity solutions that support and
protect transactions between individuals, government
entities, and businesses; and
(9) undertake other activities necessary to assess and
address other matters relating to digital identity
verification, including with respect to--
(A) the potential exploitation of digital identity tools or
associated products and services by malign actors;
(B) privacy implications; and
(C) increasing access to foundational identity documents.
(h) Prohibition.--The Task Force may not implicitly or
explicitly recommend the creation of--
(1) a single identity credential provided or mandated by
the Federal Government for the purposes of verifying identity
or associated attributes;
(2) a unilateral central national identification registry
relating to digital identity verification; or
(3) a requirement that any individual be forced to use
digital identity verification for a given public purpose.
(i) Required Consultation.--The Task Force shall closely
consult with leaders of Federal, State, local, Tribal, and
territorial governments and nongovernmental leaders, which
shall include the following:
(1) The Secretary of Education.
(2) The heads of other Federal agencies and offices
determined appropriate by the Director.
(3) State, local, Tribal, and territorial government
officials focused on identity, such as information technology
officials and directors of State departments of motor
vehicles and vital records bureaus.
(4) Digital privacy experts.
(5) Civil liberties experts.
(6) Technology and cybersecurity experts.
(7) Users of identity verification services.
(8) Representatives with relevant expertise from academia
and advocacy organizations.
(9) Industry representatives with experience implementing
digital identity systems.
(10) Identity theft and fraud prevention experts, including
advocates for victims of identity theft and fraud.
(j) Reports.--
(1) Initial report.--Not later than 180 days after the date
of enactment of this Act, the Director shall submit to the
appropriate notification entities a report on the activities
of the Task Force, including--
(A) recommendations on--
(i) implementing the strategy pursuant to subsection
(g)(4); and
(ii) methods to leverage digital driver's licenses,
distributed ledger technology, and other technologies; and
(B) summaries of the input and recommendations of the
leaders consulted under subsection (i).
(2) Interim reports.--
(A) In general.--The Director may submit to the appropriate
notification entities interim reports the Director determines
necessary to support the work of the Task Force and educate
the public.
(B) Mandatory report.--Not later than the date that is 18
months after the date of enactment of this Act, the Director
shall submit to the appropriate notification entities an
interim report addressing--
(i) the matters described in paragraphs (1), (2), (4), and
(6) of subsection (g); and
(ii) any other matters the Director determines necessary to
support the work of the Task Force and educate the public.
(3) Final report.--Not later than 180 days before the date
described in subsection (k), the Director shall submit to the
appropriate notification entities a final report that
includes recommendations for the President and Congress
relating to any relevant matter within the scope of the
duties of the Task Force.
(4) Public availability.--The Task Force shall make the
reports required under this subsection publicly available on
a centralized website as an open Government data asset (as
defined in section 3502 of title 44, United States Code).
(k) Sunset.--The Task Force shall conclude business on the
date that is 3 years after the date of enactment of this Act.
SEC. __04. SECURITY ENHANCEMENTS TO FEDERAL SYSTEMS.
(a) Guidance for Federal Agencies.--Not later than 180 days
after the date on which the Director submits the report
required under section __03(j)(1), the Director of the Office
of Management and Budget shall issue guidance to Federal
agencies for the purpose of implementing any recommendations
included in such report determined appropriate by the
Director of the Office of Management and Budget.
(b) Reports on Federal Agency Progress Toward Improving
Digital Identity Verification Capabilities.--
(1) Annual report on guidance implementation.--Not later
than 1 year after the date of the issuance of guidance under
subsection (a), and annually thereafter, the head of each
Federal agency shall submit to the Director of the Office of
Management and Budget a report on the efforts of the Federal
agency to implement that guidance.
(2) Public report.--
(A) In general.--Not later than 45 days after the date of
the issuance of guidance under subsection (a), and annually
thereafter, the Director shall develop and make publicly
available a report that includes--
(i) a list of digital identity verification services
offered by Federal agencies;
(ii) the volume of digital identity verifications performed
by each Federal agency;
(iii) information relating to the effectiveness of digital
identity verification services by Federal agencies; and
(iv) recommendations to improve the effectiveness of
digital identity verification services by Federal agencies.
(B) Consultation.--In developing the first report required
under subparagraph (A), the Director shall consult the Task
Force.
(3) Congressional report on federal agency digital identity
capabilities.--
(A) Reform.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Director of
the Cybersecurity and Infrastructure Security Agency, shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives a report
relating to the implementation and effectiveness of the
digital identity capabilities of Federal agencies.
(B) Consultation.--In developing the report required under
subparagraph (A), the Director of the Office of Management
and Budget shall--
(i) consult with the Task Force; and
(ii) to the greatest extent practicable, include in the
report recommendations of the Task Force.
(C) Contents of report.--The report required under
subparagraph (A) shall include--
(i) an analysis, including metrics and milestones, for the
implementation by Federal agencies of--
(I) the guidelines published by the National Institute of
Standards and Technology in the document entitled ``Special
Publication 800-63'' (commonly referred to as the ``Digital
Identity Guidelines''), or any successor document; and
(II) if feasible, any additional requirements relating to
enhancing digital identity capabilities identified in the
document of the Office of Management and Budget entitled ``M-
19-17'' and issued on May 21, 2019, or any successor
document;
(ii) a review of measures taken to advance the equity,
accessibility, cybersecurity, and privacy of digital identity
verification services offered by Federal agencies; and
(iii) any other relevant data, information, or plans for
Federal agencies to improve the digital identity capabilities
of Federal agencies.
(c) Additional Reports.--On the first March 1 occurring
after the date described in subsection (b)(3)(A), and
annually thereafter, the Director of the Office of Management
and Budget, in consultation with the Director of the National
Institute of Standards and Technology, shall include in the
report required under section 3553(c) of title 44, United
States Code--
(1) any additional and ongoing reporting on the matters
described in subsection (b)(3)(C); and
[[Page S4935]]
(2) associated information collection mechanisms.
SEC. __05. GAO REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the estimated
potential savings, including estimated annual potential
savings, due to the increased adoption and widespread use of
digital identification, of--
(1) the Federal Government from averted fraud, including
benefit fraud; and
(2) the economy of the United States and consumers from
averted identity theft.
(b) Contents.--Among other variables the Comptroller
General of the United States determines relevant, the report
required under subsection (a) shall include multiple
scenarios with varying uptake rates to demonstrate a range of
possible outcomes.
______
SA 2595. Ms. SINEMA (for herself and Mr. Lankford) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--COMBATING CARTELS ON SOCIAL MEDIA ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Combating Cartels on
Social Media Act of 2024''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Foreign Affairs of the
House of Representatives.
(2) Covered operator.--The term ``covered operator'' means
the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or group
messaging capabilities, but not including text messaging
services without other substantial social functionalities or
electronic mail services, that the Secretary of Homeland
Security determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 5003; and
(C) a digital platform, or an electronic application
utilizing the digital platform, involving real-time
interactive communication between multiple individuals,
including multi-player gaming services and immersive
technology platforms or applications, that the Secretary of
Homeland Security determines is being or has been used by
transnational criminal organizations in connection with
matters described in section 5003.
(4) Criminal enterprise.--The term ``criminal enterprise''
has the meaning given the term ``continuing criminal
enterprise'' in section 408 of the Controlled Substances Act
(21 U.S.C. 848).
(5) Illicit activities.--The term ``illicit activities''
means the following criminal activities that transcend
national borders:
(A) A violation of section 401 of the Controlled Substances
Act (21 U.S.C. 841).
(B) Narcotics trafficking, as defined in section 808 of the
Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section 922 of
title 18, United States Code.
(D) Migrant smuggling, defined as a violation of section
274(a)(1)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as--
(i) a violation of section 1590, 1591, or 1592 of title 18,
United States Code; or
(ii) engaging in severe forms of trafficking in persons, as
defined in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section 1030 of
title 18, United States Code.
(G) A violation of any provision that is subject to
intellectual property enforcement, as defined in section 302
of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (15 U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a violation
of section 5332 of title 31, United States Code.
(I) Laundering the proceeds of the criminal activities
described in subparagraphs (A) through (H).
(6) Transnational criminal organization.--The term
``transnational criminal organization'' means a group or
network, and associated individuals, that operate
transnationally for the purposes of obtaining power,
influence, or monetary or commercial gain, wholly or in part
by certain illegal means, while advancing their activities
through a pattern of crime, corruption, or violence, and
while protecting their illegal activities through a
transnational organizational structure and the exploitation
of public corruption or transnational logistics, financial,
or communication mechanisms.
SEC. 5003. ASSESSMENT OF ILLICIT USAGE.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Homeland Security, the Attorney
General, and the Secretary of State shall submit to the
appropriate congressional committees a joint assessment
describing--
(1) the use of covered services by transnational criminal
organizations, or criminal enterprises acting on behalf of
transnational criminal organizations, to engage in
recruitment efforts, including the recruitment of
individuals, including individuals under 18 years of age,
located in the United States to engage in or provide support
with respect to illicit activities occurring in the United
States, Mexico, or otherwise in proximity to an international
boundary of the United States;
(2) the use of covered services by transnational criminal
organizations to engage in illicit activities or conduct in
support of illicit activities, including--
(A) smuggling or trafficking involving narcotics, other
controlled substances, precursors thereof, or other items
prohibited under the laws of the United States, Mexico, or
another relevant jurisdiction, including firearms;
(B) human smuggling or trafficking, including the
exploitation of children; and
(C) transportation of bulk currency or monetary instruments
in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary of Homeland
Security, the Attorney General, the Secretary of State, and
relevant government and law enforcement entities to counter,
monitor, or otherwise respond to the usage of covered
services described in paragraphs (1) and (2).
SEC. 5004. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL
MEDIA AND ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security,
the Attorney General, and the Secretary of State shall submit
to the appropriate congressional committees a joint strategy,
to be known as the National Strategy to Combat Illicit
Recruitment Activity by Transnational Criminal Organizations
on Social Media and Online Platforms, to combat the use of
covered services by transnational criminal organizations, or
criminal enterprises acting on behalf of transnational
criminal organizations, to recruit individuals located in the
United States to engage in or provide support with respect to
illicit activities occurring in the United States, Mexico, or
otherwise in proximity to an international boundary of the
United States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a)
shall, at a minimum, include the following:
(A) A proposal to improve cooperation and thereafter
maintain cooperation between the Secretary of Homeland
Security, the Attorney General, the Secretary of State, and
relevant law enforcement entities with respect to the matters
described in subsection (a).
(B) Recommendations to implement a process for the
voluntary reporting of information regarding the recruitment
efforts of transnational criminal organizations in the United
States involving covered services.
(C) A proposal to improve intragovernmental coordination
with respect to the matters described in subsection (a),
including between the Department of Homeland Security, the
Department of Justice, the Department of State, and State,
Tribal, and local governments.
(D) A proposal to improve coordination within the
Department of Homeland Security, the Department of Justice,
and the Department of State and between the components of
those Departments with respect to the matters described in
subsection (a).
(E) Activities to facilitate increased intelligence
analysis for law enforcement purposes of efforts of
transnational criminal organizations to utilize covered
services for recruitment to engage in or provide support with
respect to illicit activities.
(F) Activities to foster international partnerships and
enhance collaboration with foreign governments and, as
applicable, multilateral institutions with respect to the
matters described in subsection (a).
(G) Activities to specifically increase engagement and
outreach with youth in border communities, including
regarding the recruitment tactics of transnational criminal
organizations and the consequences of participation in
illicit activities.
(H) A detailed description of the measures used to ensure--
(i) law enforcement and intelligence activities focus on
the recruitment activities of transitional criminal
organizations not individuals the transnational criminal
organizations attempt to or successfully recruit; and
(ii) the protection of privacy rights, civil rights, and
civil liberties in carrying out the activities described in
clause (i), with a particular focus on the protections in
place to protect minors and constitutionally protected
activities.
(2) Limitation.--The strategy required under subsection (a)
shall not include legislative recommendations or elements
predicated on the passage of legislation that is not enacted
as of the date on which the strategy is submitted under
subsection (a).
[[Page S4936]]
(c) Consultation.--In drafting and implementing the
strategy required under subsection (a), the Secretary of
Homeland Security, the Attorney General, and the Secretary of
State shall, at a minimum, consult and engage with--
(1) the heads of relevant components of the Department of
Homeland Security, including--
(A) the Under Secretary for Intelligence and Analysis;
(B) the Under Secretary for Strategy, Policy, and Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border Protection;
(E) the Director of U.S. Immigration and Customs
Enforcement;
(F) the Officer for Civil Rights and Civil Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State and
Local Law Enforcement;
(2) the heads of relevant components of the Department of
Justice, including--
(A) the Assistant Attorney General for the Criminal
Division;
(B) the Assistant Attorney General for National Security;
(C) the Assistant Attorney General for the Civil Rights
Division;
(D) the Chief Privacy and Civil Liberties Officer;
(E) the Director of the Organized Crime Drug Enforcement
Task Forces;
(F) the Director of the Federal Bureau of Investigation;
and
(G) the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives;
(3) the heads of relevant components of the Department of
State, including--
(A) the Assistant Secretary for International Narcotics and
Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere Affairs;
and
(C) the Coordinator of the Global Engagement Center;
(4) the Secretary of Health and Human Services;
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, or
his or her designee in the Office of Public Engagement,
representatives of border communities, including
representatives of--
(A) State, Tribal, and local governments, including school
districts and local law enforcement; and
(B) nongovernmental experts in the fields of--
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants; and
(iv) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on
which the strategy required under subsection (a) is submitted
to the appropriate congressional committees, the Secretary of
Homeland Security, the Attorney General, and the Secretary of
State shall commence implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the date on
which the strategy required under subsection (a) is
implemented under paragraph (1), and semiannually thereafter
for 5 years, the Secretary of Homeland Security, the Attorney
General, and the Secretary of State shall submit to the
appropriate congressional committees a joint report
describing the efforts of the Secretary of Homeland Security,
the Attorney General, and the Secretary of State to implement
the strategy required under subsection (a) and the progress
of those efforts, which shall include a description of--
(i) the recommendations, and corresponding implementation
of those recommendations, with respect to the matters
described in subsection (b)(1)(B);
(ii) the interagency posture with respect to the matters
covered by the strategy required under subsection (a), which
shall include a description of collaboration between the
Secretary of Homeland Security, the Attorney General, the
Secretary of State, other Federal entities, State, local, and
Tribal entities, and foreign governments; and
(iii) the threat landscape, including new developments
related to the United States recruitment efforts of
transnational criminal organizations and the use by those
organizations of new or emergent covered services and
recruitment methods.
(B) Form.--Each report required under subparagraph (A)
shall be submitted in unclassified form, but may contain a
classified annex.
(3) Civil rights, civil liberties, and privacy
assessment.--Not later than 2 years after the date on which
the strategy required under subsection (a) is implemented
under paragraph (1), the Office for Civil Rights and Civil
Liberties and the Privacy Office of the Department of
Homeland Security shall submit to the appropriate
congressional committees a joint report that includes--
(A) a detailed assessment of the measures used to ensure
the protection of civil rights, civil liberties, and privacy
rights in carrying out this section; and
(B) recommendations to improve the implementation of the
strategy required under subsection (a).
(4) Rulemaking.--Prior to implementation of the strategy
required under subsection (a) at the Department of Homeland
Security, the Secretary of Homeland Security shall issue
rules to carry out this section in accordance with section
553 of title 5, United States Code.
SEC. 5005. RULE OF CONSTRUCTION.
Nothing in this division shall be construed to expand the
statutory law enforcement or regulatory authority of the
Department of Homeland Security, the Department of Justice,
or the Department of State.
SEC. 5006. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for
the purpose of carrying out this division.
______
SA 2596. Mr. WARNER (for himself, Mr. Cotton, and Mr. Kelly)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. BRIEFING ON A SECOND PILOT PROGRAM FOR ADVANCED
REACTORS.
(a) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing describing the requirements for,
and components of, a pilot program to provide resilience for
critical national security infrastructure at Department of
Defense facilities with high energy intensity requirements by
contracting with a commercial entity to site, construct, and
operate at least one licensed reactor, capable of producing
at least 60 megawatts of power, at a facility selected for
purposes of the pilot program by December 31, 2029.
(b) Contents.--The briefing submitted pursuant to
subsection (a) shall include the following:
(1) An assessment of how a public-private partnership for
the reactor could reduce ratepayer costs and avoid financial
risk to the mission of the Department of Defense.
(2) Identification of potential locations to site,
construct, and operate a reactor at either--
(A) a commercial site that serves critical mission
interests of the Department; or
(B) a Department facility that contains critical national
security infrastructure that the Secretary determines may not
be energy resilient.
(3) Assessments of different nuclear technologies,
including technologies capable of producing at least 60
megawatts of power, to provide energy resiliency for critical
national security infrastructure.
(4) A survey of potential commercial stakeholders with
which to enter into a contract under the pilot program to
construct and operate a licensed reactor and, if appropriate,
share offtake needs.
(5) A description of options to enter into long-term
contracting, including various financial mechanisms for such
purpose.
(6) Identification of requirements for reactors to provide
energy resilience to mission-critical functions at facilities
identified under paragraph (2).
(7) An estimate of the costs of the pilot program.
(8) A timeline with milestones for the pilot program.
(9) An analysis of the existing authority of the Secretary
to permit the siting, construction, and operation of a
reactor, if different than authorities for micro-reactors.
(10) Such recommendations for legislative or administrative
action as the Secretary determines necessary for the
Department to permit the siting, construction, or operation
of a reactor under the pilot program.
(11) A strategy for deploying additional reactors at other
sites to increase the order book for such reactors, including
through public-private partnerships.
(12) A plan for implementing the pilot program, to begin
implementation no later than three months after submission of
the report.
(c) Consultation.--In preparing the briefing required by
subsection (a), the Secretary shall consult with the
following:
(1) The Secretary of Energy.
(2) The Nuclear Regulatory Commission.
(3) The Administrator of the General Services
Administration.
______
SA 2597. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle E of title V, insert
the following:
SEC. ___. FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES
TRANSITIONING OUT OF ACTIVE DUTY SERVICE.
(a) Study; Education and Outreach Efforts.--
[[Page S4937]]
(1) Study.--The Secretary of Defense shall, in conjunction
with the Secretary of Veterans Affairs and other Federal
officials, as appropriate, conduct a study to identify the
means by which members of the Armed Forces are provided
information about the availability of Federal nutrition
assistance programs as they transition out of active duty
service.
(2) Education and outreach efforts.--The Secretary of
Defense, working with the Secretary of Veterans Affairs and
other Federal officials, as appropriate, shall increase
education and outreach efforts to members of the Armed Forces
who are transitioning out of active duty service,
particularly those members identified as being at-risk for
food insecurity, to increase awareness of the availability of
Federal nutrition assistance programs and eligibility for
those programs.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(A) submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the study
conducted under paragraph (1); and
(B) publish such report on the website of the Department of
Defense.
(b) Working Group.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Agriculture, shall establish a working group to address,
across the Department of Defense, the Department of Veterans
Affairs, and the Department of Agriculture, coordination,
data sharing, and evaluation efforts on underlying factors
contributing to food insecurity among members of the Armed
Forces transitioning out of active duty service (in this
subsection referred to as the ``working group'').
(2) Membership.--The working group be composed of--
(A) representatives from the Department of Defense, the
Department of Veterans Affairs, the Department of
Agriculture;
(B) other relevant Federal officials, including those
connected to veteran transition programs; and
(C) other relevant stakeholders as determined by the
Secretary of Defense, the Secretary of Veterans Affairs, and
the Secretary of Agriculture.
(3) Report.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the working group shall submit to
each congressional committee with jurisdiction over the
Department of Defense, the Department of Veterans Affairs,
and the Department of Agriculture a report on the
coordination, data sharing, and evaluation efforts described
in paragraph (1).
(B) Elements.--The report required by paragraph (1) shall
include the following:
(i) An accounting of the funding each department referred
to in subparagraph (A) has obligated toward research relating
to food insecurity among members of the Armed Forces or
veterans.
(ii) An outline of methods of comparing programs and
sharing best practices for addressing food insecurity by each
such department.
(iii) An outline of--
(I) the plan each such department has to achieve greater
government efficiency and cross-agency coordination, data
sharing, and evaluation in addressing food insecurity among
members transitioning out of the Armed Forces; and
(II) efforts that the departments can undertake to improve
coordination to better address food insecurity as it impacts
members during and after their active duty service.
(iv) An identification of--
(I) any legal, technological, or administrative barriers to
increased coordination and data sharing in addressing food
insecurity among members transitioning out of the Armed
Forces; and
(II) any additional authorities needed to increase such
coordination and data sharing.
(v) Any other information the Secretary of Defense, the
Secretary of Veterans Affairs, or the Secretary of
Agriculture determines to be appropriate.
______
SA 2598. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle K of title X, add the following:
SEC. 599C. PROMOTION OF CERTAIN FOOD AND NUTRITION ASSISTANCE
PROGRAMS.
(a) In General.--Each Secretary concerned shall promote, to
members of the Armed Forces under the jurisdiction of the
Secretary, awareness of food and nutrition assistance
programs administered by the Department of Defense.
(b) Reporting.--Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
submit to the congressional defense committees a report
summarizing activities taken by the Secretary to carry out
subsection (a).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 10, United States Code.
______
SA 2599. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL
EXPERTS TO PROMOTE AND PROTECT NATIONAL
SECURITY INNOVATION BASE.
(a) Special Immigrant Status.--In accordance with the
procedures established under subsection (f)(1), and subject
to subsection (c)(1), the Secretary of Homeland Security may
provide an alien described in subsection (b) (and the spouse
and each child of the alien if accompanying or following to
join the alien) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for lawful
permanent residence.
(b) Aliens Described.--An alien is described in this
subsection if--
(1) the alien--
(A) is a current or past participant in research funded by
the Department of Defense;
(B) is a current or past employee or contracted employee of
the Department of Defense;
(C) earned a master's, doctoral, or professional degree
from an accredited United States institution of higher
education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)), or completed a
graduate fellowship or graduate medical education at an
accredited United States institution of higher education,
that entailed research in a field of importance to the
national security of the United States, as determined by the
Secretary of Defense;
(D) is a current employee of, or has a documented job offer
from, a company that develops new technologies or cutting-
edge research that contributes to the national security of
the United States, as determined by the Secretary of Defense;
or
(E) is a founder or co-founder of a United States-based
company that develops new technologies or cutting-edge
research that contributes to the national security of the
United States, as determined by the Secretary of Defense; and
(2) the Secretary of Defense issues a written statement to
the Secretary of Homeland Security confirming that the alien
possesses scientific or technical expertise that will
contribute to the national security of the United States.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
may not exceed--
(A) 10 in each of fiscal years 2025 through 2034; and
(B) 100 in fiscal year 2035 and each fiscal year
thereafter.
(2) Exclusion from numerical limitation.--Aliens provided
special immigrant status under this section shall not be
counted against the numerical limitations under sections
201(d), 202(a), and 203(b)(4) of the Immigration and
Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(d) Defense Competition for Scientists and Technical
Experts.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop
and implement a process to select, on a competitive basis
from among individuals described in subsection (b),
individuals for recommendation to the Secretary of Homeland
Security for special immigrant status described in subsection
(a).
(e) Authorities.--In carrying out this section, the
Secretary of Defense shall authorize appropriate personnel of
the Department of Defense to use all personnel and management
authorities available to the Department, including the
personnel and management authorities provided to the science
and technology reinvention laboratories, the Major Range and
Test Facility Base (as defined in section 196(i) of title 10,
United States Code), and the Defense Advanced Research
Projects Agency.
(f) Procedures.--Not later than 360 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Defense shall jointly establish policies
and procedures implementing the provisions in this section,
which shall include procedures for--
(1) processing of petitions for classification submitted
under subsection (a)(1) and applications for an immigrant
visa or adjustment of status, as applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall
establish a fee--
(1) to be charged and collected to process an application
filed under this section; and
[[Page S4938]]
(2) that is set at a level that will ensure recovery of the
full costs of such processing and any additional costs
associated with the administration of the fees collected.
(h) Implementation Report Required.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Homeland Security and the Secretary of Defense
shall jointly submit to the appropriate committees of
Congress a report that includes--
(1) a plan for implementing the authorities provided under
this section; and
(2) identification of any additional authorities that may
be required to assist the Secretaries in fully implementing
this section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct an evaluation of the competitive program
and special immigrant program described in subsections (a)
through (g).
(2) Report.--Not later than October 1, 2028, the
Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
(2) National security innovation base.--The term ``National
Security Innovation Base'' means the network of persons and
organizations, including Federal agencies, institutions of
higher education, federally funded research and development
centers, defense industrial base entities, nonprofit
organizations, commercial entities, and venture capital firms
that are engaged in the military and non-military research,
development, funding, and production of innovative
technologies that support the national security of the United
States.
______
SA 2600. Mrs. GILLIBRAND submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PREDISPUTE ARBITRATION OF DISPUTES INVOLVING AGE
DISCRIMINATION.
(a) In General.--Title 9 of the United States Code is
amended by adding at the end the following:
``CHAPTER 5--ARBITRATION OF DISPUTES INVOLVING AGE DISCRIMINATION
``Sec.
``501. Definitions.
``502. No validity or enforceability.
``Sec. 501. Definitions
``In this chapter:
``(1) Age discrimination dispute.--The term `age
discrimination dispute' means a dispute relating to conduct
that is alleged to constitute age discrimination against a
person who is not less than 40 years of age in any form,
including disparate treatment, disparate impact, harassment,
and retaliation, that is prohibited under applicable Federal,
Tribal, or State law (including local law).
``(2) Predispute arbitration agreement; predispute joint-
action waiver.--The terms `predispute arbitration agreement'
and `predispute joint-action waiver' have the meanings given
the terms in section 401.
``Sec. 502. No validity or enforceability
``(a) In General.--Notwithstanding any other provision of
this title, at the election of the person alleging conduct
constituting an age discrimination dispute, or the named
representative of a class or in a collective action alleging
such conduct, no predispute arbitration agreement or
predispute joint-action waiver shall be valid or enforceable
with respect to a case which is filed under Federal, Tribal,
or State law and relates to the age discrimination dispute.
``(b) Determination of Applicability.--An issue as to
whether this chapter applies with respect to a dispute shall
be determined under Federal law. The applicability of this
chapter to an agreement to arbitrate and the validity and
enforceability of an agreement to which this chapter applies
shall be determined by a court, rather than an arbitrator,
irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in
conjunction with other terms of the contract containing such
agreement, and irrespective of whether the agreement purports
to delegate such determinations to an arbitrator.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 2, by inserting ``or 5'' before the period
at the end;
(B) in section 208, in the second sentence, by inserting
``or 5'' before the period at the end; and
(C) in section 307, in the second sentence, by inserting
``or 5'' before the period at the end.
(2) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``5. Arbitration of disputes involving age discrimination..501.''.....
(c) Applicability.--This section, and the amendments made
by this section, shall apply with respect to any dispute or
claim that arises or accrues on or after the date of
enactment of this Act.
______
SA 2601. Ms. ROSEN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle __--Veteran Education Empowerment Act
SEC. __. SHORT TITLE.
This subtitle may be cited as the ``Veteran Education
Empowerment Act''.
SEC. __. FINDINGS.
Congress finds the following:
(1) More than 1,000,000 veterans attend institutions of
higher education each year.
(2) Veterans face unique challenges in transitioning from
the battlefield to the classroom and eventually to the
workforce, including: age differences, family obligations,
significant time away from academic life, and service-related
disabilities.
(3) The National Education Association found that student
veterans can feel lonely and vulnerable on campus and that
``connecting student veterans can effectively ease this
isolation'' by bringing together new student veterans with
those who have already successfully navigated the first few
semesters of college.
(4) According to Mission United--a United Way program that
helps veterans re-acclimate to civilian life--it is often
``essential'' for student veterans to be mentored by
``another veteran who understands their mindset and
experience''.
(5) Student Veteran Centers are recognized as an
institutional best practice by Student Veterans of America.
(6) The American Council on Education, which represents
more than 1,700 institutions of higher education across the
United States, has called having a dedicated space for
veterans on campus ``a promising way for colleges and
universities to better serve veterans on campus'' and a
``critical'' component of many colleges' efforts to serve
their student veterans.
(7) The Department of Education included as one of its 8
Keys to Veterans' Success that colleges and universities
should ``coordinate and centralize campus efforts for all
veterans, together with the creation of a designated space
for them''.
(8) Budget constraints often make it difficult or
impossible for institutions of higher education to dedicate
space to veteran offices, lounges, or student centers.
(9) The 110th Congress authorized the funding of Student
Veteran Centers through the Centers of Excellence for Veteran
Student Success under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t). Congress also chose
to appropriate funding for this program for fiscal year 2015
under the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235).
(10) According to the Department of Education, federally
funded Student Veteran Centers and staff have generated
improved recruitment, retention, and graduation rates, have
helped student veterans feel better connected across campus,
and have directly contributed to the successful academic
outcomes of student veterans.
SEC. __. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE
STUDENT VETERAN CENTERS.
Part T of title VIII of the Higher Education Act of 1965
(20 U.S.C. 1161t) is amended to read as follows:
``PART T--GRANTS FOR STUDENT VETERAN CENTERS
``SEC. 873. GRANTS FOR STUDENT VETERAN CENTERS.
``(a) Grants Authorized.--Subject to the availability of
appropriations under subsection (h), the Secretary shall
award grants to institutions of higher education or consortia
of institutions of higher education to assist in the
establishment, maintenance, improvement, and operation of
Student Veteran Centers.
``(b) Eligibility.--
``(1) Application.--An institution or consortium seeking a
grant under subsection (a) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution or a consortium if the
institution or consortium meets each of the following
criteria:
``(A) The institution or consortium enrolls in
undergraduate or graduate courses--
``(i) a significant number of student veterans, members of
the Armed Forces serving on active duty, or members of a
reserve component of the Armed Forces; or
[[Page S4939]]
``(ii) a significant percentage of student veterans,
members of the Armed Forces serving on active duty, or
members of a reserve component of the Armed Forces,
as measured by comparing, for the most recent academic year
for which data are available, the number or percentage of
student veterans, members of the Armed Forces serving on
active duty, and members of a reserve component of the Armed
Forces who are enrolled in undergraduate or graduate courses
at the institution or consortium, with the average number or
percentage of student veterans, members of the Armed Forces
serving on active duty, and members of a reserve component of
the Armed Forces who were enrolled in undergraduate or
graduate courses at comparable institutions or consortia of
institutions.
``(B) The institution or consortium presents a
sustainability plan to demonstrate that the Student Veteran
Center will be maintained and will continue to operate after
the grant period has ended.
``(3) Selection criteria.--In awarding grants under
subsection (a), the Secretary shall provide the following:
``(A) Priority consideration to institutions or consortia
that meet one or more of the following criteria:
``(i) The institution or consortium is located in a region
or community that has a significant population of veterans.
``(ii) The institution or consortium considers the need to
serve student veterans at a wide range of institutions of
higher education, including the need to provide equitable
distribution of grants to institutions of various sizes,
geographic locations, and institutions in urban and rural
areas.
``(iii) The institution or consortium carries out programs
or activities that assist veterans in the local community,
and the spouses or partners and children of student veterans.
``(iv) The institution or consortium partners in its
veteran-specific programming with nonprofit veteran service
organizations, local workforce development organizations, or
other institutions of higher education.
``(v) The institution or consortium commits to hiring a
staff at the Student Veteran Center that includes veterans
(including student veteran volunteers and student veterans
participating in a Federal work-study program under part C of
title IV, a work-study program administered by the Secretary
of Veteran Affairs, or a State work-study program).
``(vi) The institution or consortium commits to providing
an orientation for student veterans that--
``(I) is separate from the new student orientation provided
by the institution or consortium; and
``(II) provides student veterans with information on the
benefits and resources available to such students at or
through the institution or consortium.
``(vii) The institution or consortium commits to using a
portion of the grant received under this section to develop
or maintain a student veteran retention program carried out
by the Student Veteran Center.
``(viii) The institution or consortium commits to providing
mental health counseling to its student veterans (and the
spouses or partners and children of such students).
``(B) Equitable distribution of such grants to institutions
or consortia of various sizes, geographic locations, and in
urban and rural areas.
``(c) Use of Funds.--
``(1) In general.--An institution or consortium that is
awarded a grant under subsection (a) shall use such grant to
establish, maintain, improve, or operate a Student Veteran
Center.
``(2) Other allowable uses.--An institution or consortium
receiving a grant under subsection (a) may use a portion of
such grant to carry out supportive instruction services for
student veterans, including--
``(A) assistance with special admissions and transfer of
credit from previous postsecondary education or experience;
and
``(B) any other support services the institution or
consortium determines to be necessary to ensure the success
of student veterans in achieving education and career goals.
``(d) Amounts Awarded.--
``(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
``(2) Total amount of grant and schedule.--Each grant
awarded under subsection (a) may not exceed a total of
$500,000. The Secretary shall disburse to an institution or
consortium the amount awarded under the grant in such amounts
and at such times during the grant period as the Secretary
determines appropriate.
``(e) Report.--From the amounts appropriated to carry out
this section, and not later than 3 years after the date on
which the first grant is awarded under subsection (a), the
Secretary shall submit to Congress a report on the grant
program established under subsection (a), including--
``(1) the number of grants awarded;
``(2) the institutions of higher education and consortia
that have received grants;
``(3) with respect to each such institution of higher
education and consortium--
``(A) the amounts awarded;
``(B) how such institution or consortium used such amounts;
``(C) a description of the demographics of student veterans
(and spouses or partners and children of such students) to
whom services were offered as a result of the award,
including students who are women and belong to minority
groups;
``(D) the number of student veterans (and spouses or
partners and children of such students) to whom services were
offered as a result of the award, and a description of the
services that were offered and provided; and
``(E) data enumerating whether the use of the amounts
awarded helped student veterans at the institution or
consortium toward completion of a degree, certificate, or
credential;
``(4) best practices for student veteran success,
identified by reviewing data provided by institutions and
consortia that received a grant under this section; and
``(5) a determination by the Secretary with respect to
whether the grant program under this section should be
extended or expanded.
``(f) Department of Education Best Practices Website.--
Subject to the availability of appropriations under
subsection (h) and not later than 3 years after the date on
which the first grant is awarded under subsection (a), the
Secretary shall develop and implement a website for Student
Veteran Centers at institutions of higher education, which
details best practices for serving student veterans at
institutions of higher education.
``(g) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(2) Student veteran center.--The term `Student Veteran
Center' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans,
members of the Armed Forces serving on active duty, or
members of a reserve component of the Armed Forces with the
following:
``(A) A lounge or meeting space for such student veterans
(and the spouses or partners and children of such students),
and veterans in the community.
``(B) A centralized office for student veteran services
that--
``(i) is a single point of contact to coordinate
comprehensive support services for student veterans;
``(ii) is staffed by trained employees and volunteers,
which includes veterans and at least one full-time employee
or volunteer who is trained as a veterans' benefits
counselor;
``(iii) provides student veterans with assistance relating
to--
``(I) transitioning from the military to student life;
``(II) transitioning from the military to the civilian
workforce;
``(III) networking with other student veterans and veterans
in the community;
``(IV) understanding and obtaining benefits provided by the
institution of higher education, Federal Government, and
State for which such students may be eligible;
``(V) understanding how to succeed in the institution of
higher education, including by understanding academic
policies, the course selection process, and institutional
policies and practices related to the transfer of academic
credits; and
``(VI) understanding disability-related rights and
protections under the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); and
``(iv) provides comprehensive academic and tutoring
services for student veterans, including peer-to-peer
tutoring and academic mentorship.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part such
sums as may be necessary for fiscal year 2025 and each of the
7 succeeding fiscal years.''.
______
SA 2602. Mr. CORNYN (for himself, Mrs. Shaheen, Mr. Coons, and Mr.
Scott of South Carolina) submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. EXTENSION AND MODIFICATION OF LEND-LEASE AUTHORITY
TO UKRAINE.
Section 2 of the Ukraine Democracy Defense Lend-Lease Act
of 2022 (Public Law 117-118; 136 Stat. 1184) is amended--
(1) in subsection (a)(1), by striking ``fiscal years 2022
and 2023'' and inserting ``fiscal years 2022 through 2026'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Report.--Not later than 90 days after the use of the
authority under subsection (a), the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
Congress a report that includes--
``(1) a description of the defense articles loaned or
leased to the Government of Ukraine, or to the government of
an Eastern European country impacted by the Russian
Federation's invasion of Ukraine, under such authority; and
``(2) a strategy and timeline for recovery and return of
such defense articles.''.
[[Page S4940]]
______
SA 2603. Mrs. BRITT (for Mr. Daines) submitted an amendment intended
to be proposed by Mrs. Britt to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON CERTAIN FEDERAL EMPLOYEES ENGAGING
IN TELEWORK OR REMOTE WORK.
(a) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee'' means
an employee of an Executive agency who is serving in--
(A) a position for which appointment is made by the
President, by and with the advice and consent of the Senate;
or
(B) a Senior Executive Service position.
(2) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(3) Senior executive service position.--The term ``Senior
Executive Service position'' has the meaning given the term
in section 3132(a) of title 5, United States Code.
(4) Telework.--The term ``telework'' has the meaning given
the term in section 6501 of title 5, United States Code.
(b) Prohibition.--Notwithstanding any other provision of
law or regulation, a covered employee may not telework or
engage in remote work.
______
SA 2604. Mrs. BRITT (for Mr. Daines) submitted an amendment intended
to be proposed by Mrs. Britt to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 630. REIMBURSEMENT OF CERTAIN MEMBERS OF RESERVE
COMPONENTS FOR MILEAGE DRIVEN TO INACTIVE-DUTY
TRAINING.
The Secretary of Defense shall revise the Joint Travel
Regulations maintained under section 464 of title 37, United
States Code, to ensure that, if a member of a reserve
component drives a vehicle of the member to inactive-duty
training, the member may be paid a mileage allowance for the
mileage driven by the member.
______
SA 2605. Mrs. BRITT submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VIII, add the following:
Subtitle F--Preventing Procurement and Operation of Humanoid Robots
From Covered Foreign Entities
SEC. 894. SHORT TITLE.
This subtitle may be cited as the ``Preventing Procurement
and Operation of Humanoid Robots from Covered Foreign
Entities Act of 2024''.
SEC. 895. DEFINITIONS.
In this subtitle:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council and
published in the System for Award Management (SAM). This list
will include entities in the following categories:
(A) An entity included on the Consolidated Screening List.
(B) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Defense, in coordination with the Secretary of State.
(C) Any entity the Secretary of Defense, in coordination
with the Secretary of State, the Attorney General, the
Director of National Intelligence, and the Secretary of
Homeland Security, determines poses a national security risk.
(D) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Defense, in coordination with the Secretary of State.
(E) Any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(2) Humanoid robot.--The term ``humanoid robot''--
(A) means an autonomous or semi-autonomous machine that--
(i) possesses a body structure that simulates the human
form, including--
(I) a head, torso, arms, and legs, or any configuration
thereof that resembles a human silhouette; and
(II) articulated joints and limbs allowing for human-like
movement and dexterity;
(ii) is capable of performing tasks typically associated
with human activities, including--
(I) walking, running, or any other forms of bipedal or
quadrupedal locomotion;
(II) grasping, lifting, or manipulating objects using hands
or hand-like appendages; and
(III) communicating using natural language processing to
understand and respond to verbal or written commands;
(iii) operates with varying levels of autonomy, including--
(I) fully autonomous operation using integrated artificial
intelligence systems to make decisions without direct human
intervention; or
(II) semi-autonomous operation requiring human oversight,
command, or control for certain functions; and
(iv) is equipped with sensors, cameras, or other devices
that enable--
(I) environmental perception and interaction, including
recognizing and navigating physical spaces; and
(II) interaction with humans or other robots, including
understanding and responding to social cues, gestures, and
speech; and
(B) does not include--
(i) industrial robots that--
(I) are designed for repetitive, non-interactive tasks
within a controlled environment; and
(II) do not meet the criteria outlined in subparagraph (A);
and
(ii) remote-controlled devices that--
(I) lack autonomous decision-making capabilities; and
(II) do not meet the criteria outlined in subparagraph (A).
(3) Intelligence; intelligence community.--The terms
``intelligence'' and ``intelligence community'' have the
meanings given those terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 896. PROHIBITION ON PROCUREMENT OF HUMANOID ROBOTS FROM
COVERED FOREIGN ENTITIES.
(a) In General.--Except as provided under subsections (b)
and (c), the Secretary of Defense may not procure any
humanoid robot that is manufactured or assembled by a covered
foreign entity.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the procurement is
required in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robots or counter-humanoid robot technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of a humanoid robot or counter-humanoid robot technology; or
(3) is a humanoid robot that, as procured or as modified
after procurement but before operational use, can no longer
transfer to, or download data from, a covered foreign entity
and otherwise poses no national security cybersecurity risks
as determined by the exempting official.
(c) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to the Committee on Armed Service of
the Senate and the Committee on Armed Service of the House of
Representatives.
(d) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations or guidance to implement
this section.
SEC. 897. PROHIBITION ON OPERATION OF HUMANOID ROBOTS FROM
COVERED FOREIGN ENTITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date that is two years
after the date of the enactment of this Act, the Department
of Defense may not operate a humanoid robot manufactured or
assembled by a covered foreign entity.
(2) Applicability to contracted services.--The prohibition
under paragraph (1) applies to any covered humanoid robot
that is being used by the Department of Defense through the
method of contracting for the services of humanoid robots.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the operation is required
in the national interest of the United States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robot technology;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
[[Page S4941]]
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robot technology; or
(3) is a humanoid robot that, as procured or as modified
after procurement but before operational use, can no longer
transfer to, or download data from, a covered foreign entity
and otherwise poses no national security cybersecurity risks
as determined by the exempting official.
(c) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to the Committee on Armed Service of
the Senate and the Committee on Armed Service of the House of
Representatives.
(d) Regulations and Guidance.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations or guidance to implement
this section.
SEC. 898. PROHIBITION ON USE OF FEDERAL FUNDS FOR PROCUREMENT
AND OPERATION OF HUMANOID ROBOTS FROM COVERED
FOREIGN ENTITIES.
(a) In General.--Beginning on the date that is two years
after the date of the enactment of this Act, except as
provided in subsection (b), no Federal funds awarded through
a contract, grant, or cooperative agreement, or otherwise
made available may be used--
(1) to procure a humanoid robot that is manufactured or
assembled by a covered foreign entity; or
(2) in connection with the operation of such a humanoid
robot.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the procurement or
operation is required in the national interest of the United
States and--
(1) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of humanoid robots;
(2) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of a humanoid robot; or
(3) is a humanoid robot that, as procured or as modified
after procurement but before operational use, can no longer
transfer to, or download data from, a covered foreign entity
and otherwise poses no national security cybersecurity risks
as determined by the exempting official.
(c) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis--
(1) with the approval of the Director of the Office of
Management and Budget, after consultation with the Federal
Acquisition Security Council; and
(2) upon notification to the Committee on Armed Service of
the Senate and the Committee on Armed Service of the House of
Representatives.
(d) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations or guidance, as necessary, to implement
the requirements of this section pertaining to Department of
Defense contracts.
SEC. 899. MANAGEMENT OF EXISTING INVENTORIES OF COVERED
HUMANOID ROBOTS FROM COVERED FOREIGN ENTITIES.
(a) In General.--The Department of Defense must account for
existing inventories of humanoid robots manufactured or
assembled by a covered foreign entity in its personal
property accounting system, within one year of the date of
enactment of this Act, regardless of the original procurement
cost, or the purpose of procurement due to the special
monitoring and accounting measures necessary to track the
items' capabilities.
(b) Classified Tracking.--Due to the sensitive nature of
missions and operations conducted by the United States
Government, inventory data related to humanoid robots
manufactured or assembled by a covered foreign entity may be
tracked at a classified level, as determined by the Secretary
of Defense or the Secretary's designee.
(c) Exceptions.--The Department of Defense may exclude from
the full inventory process humanoid robots that are deemed
expendable due to mission risk such as recovery issues, or
that are one-time-use humanoid robots due to requirements and
low cost.
(d) Intelligence Community Exception.--Nothing in this
section shall apply to any element of the intelligence
community.
SEC. 899A. COMPTROLLER GENERAL REPORT.
Not later than 275 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report on
the amount of commercial off-the-shelf humanoid robots
procured by the Department of Defense from covered foreign
entities, except that nothing in this section shall apply to
any element of the intelligence community.
SEC. 899B. STUDY.
(a) Study on the Supply Chain for Humanoid Robots and
Components.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall provide to the appropriate
congressional committees a report on the supply chain for
humanoid robots, including a discussion of current and
projected future demand for humanoid robots.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the current and future global and
domestic market for humanoid robots that are not widely
commercially available except from a covered foreign entity.
(2) A description of the sustainability, availability,
cost, and quality of secure sources of humanoid robots
domestically and from sources in allied and partner
countries.
(3) The plan of the Secretary of Defense to address any
gaps or deficiencies identified in subparagraph (B),
including through the use of funds available under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and
partnerships with the National Aeronautics and Space
Administration and other interested persons.
(4) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(c) Appropriate Congressional Committees Defined.--In this
section the term ``appropriate congressional committees''
means:
(1) The Committees on Armed Services of the Senate and the
House of Representatives.
(2) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
(4) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(5) The Committee on Transportation and Infrastructure of
the House of Representatives.
(6) The Committee on Homeland Security of the House of
Representatives.
(7) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 899C. EXCEPTION FOR INTELLIGENCE ACTIVITIES.
Sections 896, 897, and 898 shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.), any
authorized intelligence activities of the United States, or
any activity or procurement that supports an authorized
intelligence activity.
______
SA 2606. Mr. CORNYN (for himself and Mr. King) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. REPORT ON MEDICAL INSTRUMENT STERILIZATION.
(a) Study Required.--
(1) In general.--The Inspector General of the Defense
Health Agency shall conduct a study on the adequacy of
sterilization of medical instruments at medical facilities of
the Defense Health Agency.
(2) Elements.--Each study required by paragraph (1) shall
include the following elements:
(A) A description of the processes or checks used to ensure
medical instruments are sterilized prior to use on patients
at medical facilities of the Defense Health Agency.
(B) A description of the policies and processes used to
identify and mitigate the use of insufficiently sterilized
medical instruments at such medical facilities and the
processes and timelines for informing patients of any such
near-miss (if any disclosure is required).
(C) An identification of the aggregate number of adverse
events or near-misses as a result of insufficiently
sterilized medical instruments at such medical facilities
during the period beginning on January 1, 2022, and ending on
January 1, 2024.
(D) A determination of primary factors that result in
insufficiently sterilized medical instruments at such medical
facilities.
(E) A description of the extent to which unsterilized
medical instruments have impacted the operation of such
medical facilities.
(F) An assessment of whether such medical facilities have
sufficient--
(i) medical instruments;
(ii) medical devices to timely clean and sterilize medical
instruments; and
(iii) staff to sterilize medical instruments.
(G) An assessment of whether staff at such medical
facilities are properly trained to sterilize medical
instruments.
(H) A determination of the number of surgeries at such
medical facilities that were delayed or rescheduled as a
result of unsterilized medical instruments.
[[Page S4942]]
(I) Recommendations to improve the sterilization of medical
instruments at such medical facilities, including an
identification and evaluation of existing options, such as
mobile sterilization units and coordinating with community
medical centers to expand surgical capacity.
(J) An assessment of timely access to sterilization
products for medical instruments and devices.
(K) An assessment of the sterilization product supply chain
serving medical facilities of the Defense Health Agency.
(b) Report Required.--Not later than one year after the
date of the enactment of this Act, the Director of the
Defense Health Agency shall submit to Congress a report on
the study required by subsection (a), which shall include an
action plan to consider and implement the recommendations
included in such study.
______
SA 2607. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. LIMITED EXCEPTION TO FUNDING PROHIBITION FOR
FOREIGN SECURITY FORCES THAT HAVE COMMITTED A
GROSS VIOLATION OF HUMAN RIGHTS.
Section 362(b) of title 10, United States Code, is amended
by striking ``has taken all necessary corrective steps'' and
inserting ``is taking effective steps''.
______
SA 2608. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. DIGITAL ELECTRONICS SYSTEMS ENGINEERING.
(a) In General.--Not later than 90 days after enactment of
this Act, the Secretary of Defense shall seek to enter into a
contract or other agreement with a federally funded research
and development center or a university-affiliated research
center to conduct an assessment of the implementation by the
Department of Defense of digital engineering and modeling for
electronics systems.
(b) Elements.--The assessment required under subsection (a)
shall include the following:
(1) The results and lessons learned from the pilot projects
conducted by each of the military department as of the date
of the enactment of this Act, including any cost and schedule
impacts realized by incorporating digital electronic systems
engineering and digital twinning.
(2) The resources and timelines required for the
development, execution, and sustainment of digital electronic
systems engineering to develop hardware accurate digital
twins of the electronic systems associated with each current
major defense acquisition program.
(3) The resources and timelines required to expand the use
of digital electronic systems engineering to programs other
than the major defense acquisition programs.
(4) The workforce development and education requirements to
support adoption of digital electronic systems engineering
and digital twinning.
(5) Recommendations for how to programmatically implement
and manage such a digital electronics systems engineering and
digital twinning capability to ensure cost efficiency and
sufficient capacity to satisfy the digital electronic systems
engineering demands for each of the military departments.
(c) Results.--
(1) In general.--Following the completion of the assessment
under subsection (a), the federally funded research and
development center or university-affiliated research center
shall submit to the Secretary a report on the results of the
assessment.
(2) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Submittal to Congress.--Not later than 60 days after
the date the Secretary receives the report under subsection
(c), the Secretary shall submit to the congressional defense
committees an unaltered copy of the report along with any
comments the Secretary may have with respect to the report.
(e) Definition of Major Defense Acquisition Program.--In
this section, the term ``major defense acquisition program''
has the meaning given that term in section 4201 of title 10,
United States Code.
______
SA 2609. Mr. ROUNDS (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ESTABLISHMENT OF MEDSHIELD PROGRAM.
(a) Short Title.--This section may be cited as the
``MedShield Act of 2024''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds as follows:
(A) The COVID-19 pandemic revealed the need to better
organize pathogen defense of the people of the United States.
(B) The National Security Commission on Artificial
Intelligence concluded that COVID-19 scientific advancements,
notably accelerated by the application of artificial
intelligence, in addition to many other existing science and
technology initiatives in the United States, should be used
to build a comprehensive, operational, and integrated
biodefense program that functions like a ``shield'' against
manmade and non-manmade pathogens.
(2) Sense of congress.--It is the sense of Congress that--
(A) an initiative such as Operation Warp Speed should not
be required for the next pandemic;
(B) there is a requirement for a pandemic preparedness and
response program that would negate the need for a future
Operation Warp Speed-like program or a declaration of a
public health emergency under section 319 of the Public
Health Service Act (42 U.S.C. 247d); and
(C) the program established under subsection (c) would
operationalize artificial intelligence and a system-of-
systems integration across the interagency and private
sector, under the direction of the Secretary of Health and
Human Services.
(c) MedShield Program.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
implement a pandemic preparedness and response program
utilizing artificial intelligence and other relevant
technologies, to be known as the ``MedShield program''
(referred to in this section as the ``Program''), in
accordance with recommendations of the National Security
Commission on Artificial Intelligence. The Program shall
operationalize a national medical shield that gathers
innovations across the public-private ecosystem in the United
States, as well as from allies and partners, to improve the
efficiency and effectiveness of delivering medical solutions
to individuals, functioning as a shield against biological
threats. The Program shall continuously operate and monitor
threats, for the purpose of safeguarding the public health of
the United States.
(2) Plan and integration.--Pursuant to the Program, the
Secretary shall--
(A) develop a plan to integrate the recommendations of the
National Security Commission on Artificial Intelligence for
pandemic preparedness and response, in accordance with the
responsibilities of the Department of Health and Human
Services as the primary agency and coordinator for the
emergency support function relating to public health and
medical services under the National Response Framework of the
Federal Emergency Management Agency; and
(B) consult with heads of appropriate Federal agencies and
select allies and partners to ensure the integration of the
Program between relevant departments and agencies and
international partners to achieve a coordinated international
effort to address a pandemic.
(3) Utilization of artificial intelligence.--In carrying
out the Program, the Secretary shall leverage artificial
intelligence and other relevant technologies and
capabilities, including as follows:
(A) Development and deployment of a global pathogen
surveillance system for the real-time detection and tracking
of pathogens.
(B) Employment of artificial intelligence enabled systems
to accelerate the identification and development of effective
vaccines.
(C) Development and deployment of therapeutic treatments
for individuals affected by biological threats.
(D) Advanced artificial intelligence-enabled modeling to
optimize strategies for pathogen tracking, vaccine
distribution, and therapeutic interventions.
(E) Streamlining and enhancing rapid manufacturing of
vaccines and therapeutics.
(d) Reporting.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee
on Energy and Commerce and the Committee on Appropriations of
the House of Representatives a report detailing the plan
required under subsection (c)(2). Such report shall be
submitted in unclassified form, and may include a classified
annex.
(e) Definitions.--In this section--
(1) the term ``artificial intelligence'' has the meaning
given such term in section 1051(f) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1962).
[[Page S4943]]
(2) the term ``MedShield'' has the meaning given the term
``BioShield'' in the final report of the Commission submitted
under section 1051(c)(2) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (132 Stat.
1965; Public Law 115-232); and
(3) the term ``National Security Commission on Artificial
Intelligence'' means such commission established under
section 1051 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (132 Stat. 1962;
Public Law 115-232).
(f) Authorization of Appropriations.--For purposes of
carrying out the MedShield program, there are authorized to
be appropriated to the Secretary--
(1) $300,000,000 for fiscal year 2025;
(2) $350,000,000 for fiscal year 2026;
(3) $400,000,000 for fiscal year 2027;
(4) $450,000,000 for fiscal year 2028; and
(5) $500,000,000 for fiscal year 2029,
to remain available until expended.
______
SA 2610. Mr. ROUNDS (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION _--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
SEC. __01. SHORT TITLE.
This division may be cited as the ``Unidentified Anomalous
Phenomena Disclosure Act of 2024'' or the ``UAP Disclosure
Act of 2024''.
SEC. __02. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--Congress finds and declares
the following:
(1) All Federal Government records related to unidentified
anomalous phenomena should be preserved and centralized for
historical and Federal Government purposes.
(2) All Federal Government records concerning unidentified
anomalous phenomena should carry a presumption of immediate
disclosure and all records should be eventually disclosed to
enable the public to become fully informed about the history
of the Federal Government's knowledge and involvement
surrounding unidentified anomalous phenomena.
(3) Legislation is necessary to create an enforceable,
independent, and accountable process for the public
disclosure of such records.
(4) Legislation is necessary because credible evidence and
testimony indicates that Federal Government unidentified
anomalous phenomena records exist that have not been
declassified or subject to mandatory declassification review
as set forth in Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information) due in
part to exemptions under the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), as well as an over-broad interpretation
of ``transclassified foreign nuclear information'', which is
also exempt from mandatory declassification, thereby
preventing public disclosure under existing provisions of
law.
(5) Legislation is necessary because section 552 of title
5, United States Code (commonly referred to as the ``Freedom
of Information Act''), as implemented by the Executive branch
of the Federal Government, has proven inadequate in achieving
the timely public disclosure of Government unidentified
anomalous phenomena records that are subject to mandatory
declassification review.
(6) Legislation is necessary to restore proper oversight
over unidentified anomalous phenomena records by elected
officials in both the executive and legislative branches of
the Federal Government that has otherwise been lacking as of
the enactment of this Act.
(7) Legislation is necessary to afford complete and timely
access to all knowledge gained by the Federal Government
concerning unidentified anomalous phenomena in furtherance of
comprehensive open scientific and technological research and
development essential to avoiding or mitigating potential
technological surprise in furtherance of urgent national
security concerns and the public interest.
(b) Purposes.--The purposes of this division are--
(1) to provide for the creation of the unidentified
anomalous phenomena Records Collection at the National
Archives and Records Administration; and
(2) to require the expeditious public transmission to the
Archivist and public disclosure of such records.
SEC. __03. DEFINITIONS.
In this division:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) Close observer.--The term ``close observer'' means
anyone who has come into close proximity to unidentified
anomalous phenomena or non-human intelligence.
(3) Collection.--The term ``Collection'' means the
Unidentified Anomalous Phenomena Records Collection
established under section __04.
(4) Controlled disclosure campaign plan.--The term
``Controlled Disclosure Campaign Plan'' means the Controlled
Disclosure Campaign Plan required by section __09(c)(3).
(5) Controlling authority.--The term ``controlling
authority'' means any Federal, State, or local government
department, office, agency, committee, commission, commercial
company, academic institution, or private sector entity in
physical possession of technologies of unknown origin or
biological evidence of non-human intelligence.
(6) Director.--The term ``Director'' means the Director of
the Office of Government Ethics.
(7) Executive agency.--The term ``Executive agency'' means
an Executive agency, as defined in subsection 552(f) of title
5, United States Code.
(8) Government office.--The term ``Government office''
means any department, office, agency, committee, or
commission of the Federal Government and any independent
office or agency without exception that has possession or
control, including via contract or other agreement, of
unidentified anomalous phenomena records.
(9) Identification aid.--The term ``identification aid''
means the written description prepared for each record, as
required in section __04.
(10) Leadership of congress.--The term ``leadership of
Congress'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(11) Legacy program.--The term ``legacy program'' means all
Federal, State, and local government, commercial industry,
academic, and private sector endeavors to collect, exploit,
or reverse engineer technologies of unknown origin or examine
biological evidence of living or deceased non-human
intelligence that pre-dates the date of the enactment of this
Act.
(12) National archives.--The term ``National Archives''
means the National Archives and Records Administration and
all components thereof, including presidential archival
depositories established under section 2112 of title 44,
United States Code.
(13) Non-human intelligence.--The term ``non-human
intelligence'' means any sentient intelligent non-human
lifeform regardless of nature or ultimate origin that may be
presumed responsible for unidentified anomalous phenomena or
of which the Federal Government has become aware.
(14) Originating body.--The term ``originating body'' means
the Executive agency, Federal Government commission,
committee of Congress, or other Governmental entity that
created a record or particular information within a record.
(15) Prosaic attribution.--The term ``prosaic attribution''
means having a human (either foreign or domestic) origin and
operating according to current, proven, and generally
understood scientific and engineering principles and
established laws-of-nature and not attributable to non-human
intelligence.
(16) Public interest.--The term ``public interest'' means
the compelling interest in the prompt public disclosure of
unidentified anomalous phenomena records for historical and
Governmental purposes and for the purpose of fully informing
the people of the United States about the history of the
Federal Government's knowledge and involvement surrounding
unidentified anomalous phenomena.
(17) Record.--The term ``record'' includes a book, paper,
report, memorandum, directive, email, text, or other form of
communication, or map, photograph, sound or video recording,
machine-readable material, computerized, digitized, or
electronic information, including intelligence, surveillance,
reconnaissance, and target acquisition sensor data,
regardless of the medium on which it is stored, or other
documentary material, regardless of its physical form or
characteristics.
(18) Review board.--The term ``Review Board'' means the
Unidentified Anomalous Phenomena Records Review Board
established by section __07.
(19) Technologies of unknown origin.--The term
``technologies of unknown origin'' means any materials or
meta-materials, ejecta, crash debris, mechanisms, machinery,
equipment, assemblies or sub-assemblies, engineering models
or processes, damaged or intact aerospace vehicles, and
damaged or intact ocean-surface and undersea craft associated
with unidentified anomalous phenomena or incorporating
science and technology that lacks prosaic attribution or
known means of human manufacture.
(20) Temporarily non-attributed objects.--
(A) In general.--The term ``temporarily non-attributed
objects'' means the class of objects that temporarily resist
prosaic attribution by the initial observer as a result of
environmental or system limitations associated with the
observation process that nevertheless ultimately have an
accepted human origin or known physical cause. Although some
unidentified anomalous phenomena may at first be interpreted
as temporarily non-attributed objects, they are not
temporarily non-attributed objects, and the two categories
are mutually exclusive.
(B) Inclusion.--The term ``temporarily non-attributed
objects'' includes--
(i) natural celestial, meteorological, and undersea weather
phenomena;
[[Page S4944]]
(ii) mundane human-made airborne objects, clutter, and
marine debris;
(iii) Federal, State, and local government, commercial
industry, academic, and private sector aerospace platforms;
(iv) Federal, State, and local government, commercial
industry, academic, and private sector ocean-surface and
undersea vehicles; and
(v) known foreign systems.
(21) Third agency.--The term ``third agency'' means a
Government agency that originated a unidentified anomalous
phenomena record that is in the possession of another
Government agency.
(22) Unidentified anomalous phenomena.--
(A) In general.--The term ``unidentified anomalous
phenomena'' means any object operating or judged capable of
operating in outer-space, the atmosphere, ocean surfaces, or
undersea lacking prosaic attribution due to performance
characteristics and properties not previously known to be
achievable based upon commonly accepted physical principles.
Unidentified anomalous phenomena are differentiated from both
attributed and temporarily non-attributed objects by one or
more of the following observables:
(i) Instantaneous acceleration absent apparent inertia.
(ii) Hypersonic velocity absent a thermal signature and
sonic shockwave.
(iii) Transmedium (such as space-to-ground and air-to-
undersea) travel.
(iv) Positive lift contrary to known aerodynamic
principles.
(v) Multispectral signature control.
(vi) Physical or invasive biological effects to close
observers and the environment.
(B) Inclusions.--The term ``unidentified anomalous
phenomena'' includes what were previously described as--
(i) flying discs;
(ii) flying saucers;
(iii) unidentified aerial phenomena;
(iv) unidentified flying objects (UFOs); and
(v) unidentified submerged objects (USOs).
(23) Unidentified anomalous phenomena record.--The term
``unidentified anomalous phenomena record'' means a record
that is related to unidentified anomalous phenomena,
technologies of unknown origin, or non-human intelligence
(and all equivalent subjects by any other name with the
specific and sole exclusion of temporarily non-attributed
objects) that was created or made available for use by,
obtained by, or otherwise came into the possession of--
(A) the Executive Office of the President;
(B) the Department of Defense and its progenitors, the
Department of War and the Department of the Navy;
(C) the Department of the Army;
(D) the Department of the Navy;
(E) the Department of the Air Force, specifically the Air
Force Office of Special Investigations;
(F) the Department of Energy and its progenitors, the
Manhattan Project, the Atomic Energy Commission, and the
Energy Research and Development Administration;
(G) the Office of the Director of National Intelligence;
(H) the Central Intelligence Agency and its progenitor, the
Office of Strategic Services;
(I) the National Reconnaissance Office;
(J) the Defense Intelligence Agency;
(K) the National Security Agency;
(L) the National Geospatial-Intelligence Agency;
(M) the National Aeronautics and Space Administration:
(N) the Federal Bureau of Investigation;
(O) the Federal Aviation Administration;
(P) the National Oceanic and Atmospheric Administration;
(Q) the Library of Congress;
(R) the National Archives and Records Administration;
(S) any Presidential library;
(T) any Executive agency;
(U) any independent office or agency;
(V) any other department, office, agency, committee, or
commission of the Federal Government;
(W) any State or local government department, office,
agency, committee, or commission that provided support or
assistance or performed work, in connection with a Federal
inquiry into unidentified anomalous phenomena, technologies
of unknown origin, or non-human intelligence; and
(X) any private sector person or entity formerly or
currently under contract or some other agreement with the
Federal Government.
SEC. __04. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS
COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
(a) Establishment.--
(1) In general.--(A) Not later than 60 days after the date
of the enactment of this Act, the Archivist shall commence
establishment of a collection of records in the National
Archives to be known as the ``Unidentified Anomalous
Phenomena Records Collection''.
(B) In carrying out subparagraph (A), the Archivist shall
ensure the physical integrity and original provenance (or if
indeterminate, the earliest historical owner) of all records
in the Collection.
(C) The Collection shall consist of record copies of all
Government, Government-provided, or Government-funded records
relating to unidentified anomalous phenomena, technologies of
unknown origin, and non-human intelligence (or equivalent
subjects by any other name with the specific and sole
exclusion of temporarily non-attributed objects), which shall
be transmitted to the National Archives in accordance with
section 2107 of title 44, United States Code.
(D) The Archivist shall prepare and publish a subject
guidebook and index to the Collection.
(2) Contents.--The Collection shall include the following:
(A) All unidentified anomalous phenomena records,
regardless of age or date of creation--
(i) that have been transmitted to the National Archives or
disclosed to the public in an unredacted form prior to the
date of the enactment of this Act;
(ii) that are required to be transmitted to the National
Archives; and
(iii) that the disclosure of which is postponed under this
Act.
(B) A central directory comprised of identification aids
created for each record transmitted to the Archivist under
section __05.
(C) All Review Board records as required by this Act.
(b) Disclosure of Records.--All unidentified anomalous
phenomena records transmitted to the National Archives for
disclosure to the public shall--
(1) be included in the Collection; and
(2) be available to the public--
(A) for inspection and copying at the National Archives
within 30 days after their transmission to the National
Archives; and
(B) digitally via the National Archives online database
within a reasonable amount of time not to exceed 180 days
thereafter.
(c) Fees for Copying.--
(1) In general.--The Archivist shall--
(A) charge fees for copying unidentified anomalous
phenomena records; and
(B) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(2) Amount of fees.--The amount of a fee charged by the
Archivist pursuant to paragraph (1)(A) for the copying of an
unidentified anomalous phenomena record shall be such amount
as the Archivist determines appropriate to cover the costs
incurred by the National Archives in making and providing
such copy, except that in no case may the amount of the fee
charged exceed the actual expenses incurred by the National
Archives in making and providing such copy.
(d) Additional Requirements.--
(1) Use of funds.--The Collection shall be preserved,
protected, archived, digitized, and made available to the
public at the National Archives and via the official National
Archives online database using appropriations authorized,
specified, and restricted for use under the terms of this
Act.
(2) Security of records.--The National Security Program
Office at the National Archives, in consultation with the
National Archives Information Security Oversight Office,
shall establish a program to ensure the security of the
postponed unidentified anomalous phenomena records in the
protected, and yet-to-be disclosed or classified portion of
the Collection.
(e) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the Collection.
(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall have
continuing legislative oversight jurisdiction in the House of
Representatives with respect to the Collection.
SEC. __05. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
GOVERNMENT OFFICES.
(a) Identification, Organization, and Preparation for
Transmission.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, each head of a Government office
shall--
(A) identify and organize records in the possession of the
Government office or under the control of the Government
office relating to unidentified anomalous phenomena; and
(B) prepare such records for transmission to the Archivist
for inclusion in the Collection.
(2) Prohibitions.--(A) No unidentified anomalous phenomena
record shall be destroyed, altered, or mutilated in any way.
(B) No unidentified anomalous phenomena record made
available or disclosed to the public prior to the date of the
enactment of this Act may be withheld, redacted, postponed
for public disclosure, or reclassified.
(C) No unidentified anomalous phenomena record created by a
person or entity outside the Federal Government (excluding
names or identities consistent with the requirements of
section __06) shall be withheld, redacted, postponed for
public disclosure, or reclassified.
(b) Custody of Unidentified Anomalous Phenomena Records
Pending Review.--During the review by the heads of Government
offices under subsection (c) and pending review activity by
the Review Board, each head of a Government office shall
retain custody of the unidentified anomalous phenomena
records of the office for purposes of preservation, security,
and efficiency, unless--
(1) the Review Board requires the physical transfer of the
records for purposes of conducting an independent and
impartial review;
(2) transfer is necessary for an administrative hearing or
other Review Board function; or
[[Page S4945]]
(3) it is a third agency record described in subsection
(c)(2)(C).
(c) Review by Heads of Government Offices.--
(1) In general.--Not later than 300 days after the date of
the enactment of this Act, each head of a Government office
shall review, identify, and organize each unidentified
anomalous phenomena record in the custody or possession of
the office for--
(A) disclosure to the public;
(B) review by the Review Board; and
(C) transmission to the Archivist.
(2) Requirements.--In carrying out paragraph (1), the head
of a Government office shall--
(A) determine which of the records of the office are
unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous phenomena
records of the office have been officially disclosed or made
publicly available in a complete and unredacted form;
(C)(i) determine which of the unidentified anomalous
phenomena records of the office, or particular information
contained in such a record, was created by a third agency or
by another Government office; and
(ii) transmit to a third agency or other Government office
those records, or particular information contained in those
records, or complete and accurate copies thereof;
(D)(i) determine whether the unidentified anomalous
phenomena records of the office or particular information in
unidentified anomalous phenomena records of the office are
covered by the standards for postponement of public
disclosure under this division; and
(ii) specify on the identification aid required by
subsection (d) the applicable postponement provision
contained in section __06;
(E) organize and make available to the Review Board all
unidentified anomalous phenomena records identified under
subparagraph (D) the public disclosure of, which in-whole or
in-part, may be postponed under this division;
(F) organize and make available to the Review Board any
record concerning which the office has any uncertainty as to
whether the record is an unidentified anomalous phenomena
record governed by this division;
(G) give precedence of work to--
(i) the identification, review, and transmission of
unidentified anomalous phenomena records not already publicly
available or disclosed as of the date of the enactment of
this Act;
(ii) the identification, review, and transmission of all
records that most unambiguously and definitively pertain to
unidentified anomalous phenomena, technologies of unknown
origin, and non-human intelligence;
(iii) the identification, review, and transmission of
unidentified anomalous phenomena records that on the date of
the enactment of this Act are the subject of litigation under
section 552 of title 5, United States Code; and
(iv) the identification, review, and transmission of
unidentified anomalous phenomena records with earliest
provenance when not inconsistent with clauses (i) through
(iii) and otherwise feasible; and
(H) make available to the Review Board any additional
information and records that the Review Board has reason to
believe the Review Board requires for conducting a review
under this division.
(3) Priority of expedited review for directors of certain
archival depositories.--The Director of each archival
depository established under section 2112 of title 44, United
States Code, shall have as a priority the expedited review
for public disclosure of unidentified anomalous phenomena
records in the possession and custody of the depository, and
shall make such records available to the Review Board as
required by this division.
(d) Identification Aids.--
(1) In general.--(A) Not later than 45 days after the date
of the enactment of this Act, the Archivist, in consultation
with the heads of such Government offices as the Archivist
considers appropriate, shall prepare and make available to
all Government offices a standard form of identification, or
finding aid, for use with each unidentified anomalous
phenomena record subject to review under this division
whether in hardcopy (physical), softcopy (electronic), or
digitized data format as may be appropriate.
(B) The Archivist shall ensure that the identification aid
program is established in such a manner as to result in the
creation of a uniform system for cataloging and finding every
unidentified anomalous phenomena record subject to review
under this division where ever and how ever stored in
hardcopy (physical), softcopy (electronic), or digitized data
format.
(2) Requirements for government offices.--Upon completion
of an identification aid using the standard form of
identification prepared and made available under subparagraph
(A) of paragraph (1) for the program established pursuant to
subparagraph (B) of such paragraph, the head of a Government
office shall--
(A) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record, the identification aid describes;
(B) transmit to the Review Board a printed copy for each
physical unidentified anomalous phenomena record and an
electronic copy for each softcopy or digitized data
unidentified anomalous phenomena record the identification
aid describes; and
(C) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record the identification aid describes, when transmitted to
the Archivist.
(3) Records of the national archives that are publicly
available.--Unidentified anomalous phenomena records which
are in the possession of the National Archives on the date of
the enactment of this Act, and which have been publicly
available in their entirety without redaction, shall be made
available in the Collection without any additional review by
the Review Board or another authorized office under this
division, and shall not be required to have such an
identification aid unless required by the Archivist.
(e) Transmission to the National Archives.--Each head of a
Government office shall--
(1) transmit to the Archivist, and make immediately
available to the public, all unidentified anomalous phenomena
records of the Government office that can be publicly
disclosed, including those that are publicly available on the
date of the enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this
division; and
(2) transmit to the Archivist upon approval for
postponement by the Review Board or upon completion of other
action authorized by this division, all unidentified
anomalous phenomena records of the Government office the
public disclosure of which has been postponed, in whole or in
part, under the standards of this division, to become part of
the protected, yet-to-be disclosed, or classified portion of
the Collection.
(f) Custody of Postponed Unidentified Anomalous Phenomena
Records.--An unidentified anomalous phenomena record the
public disclosure of which has been postponed shall, pending
transmission to the Archivist, be held for reasons of
security and preservation by the originating body until such
time as the information security program has been established
at the National Archives as required in section __04(d)(2).
(g) Periodic Review of Postponed Unidentified Anomalous
Phenomena Records.--
(1) In general.--All postponed or redacted records shall be
reviewed periodically by the originating agency and the
Archivist consistent with the recommendations of the Review
Board in the Controlled Disclosure Campaign Plan under
section __09(c)(3)(B).
(2) Requirements.--(A) A periodic review under paragraph
(1) shall address the public disclosure of additional
unidentified anomalous phenomena records in the Collection
under the standards of this division.
(B) All postponed unidentified anomalous phenomena records
determined to require continued postponement shall require an
unclassified written description of the reason for such
continued postponement relevant to these specific records.
Such description shall be provided to the Archivist and
published in the Federal Register upon determination.
(C) The time and release requirements specified in the
Controlled Disclosure Campaign Plan shall be revised or
amended only if the Review Board is still in session and
concurs with the rationale for postponement, subject to the
limitations in section __09(d)(1).
(D) The periodic review of postponed unidentified anomalous
phenomena records shall serve to downgrade and declassify
security classified information.
(E) Each unidentified anomalous phenomena record shall be
publicly disclosed in full, and available in the Collection,
not later than the date that is 25 years after the date of
the first creation of the record by the originating body,
unless the President certifies, as required by this division,
that--
(i) continued postponement is made necessary by an
identifiable harm to the military defense, intelligence
operations, law enforcement, or conduct of foreign relations;
and
(ii) the identifiable harm is of such gravity that it
outweighs the public interest in disclosure.
(h) Requirements for Executive Agencies.--
(1) In general.--Executive agencies shall--
(A) transmit digital records electronically in accordance
with section 2107 of title 44, United States Code;
(B) charge fees for copying unidentified anomalous
phenomena records; and
(C) grant waivers of such fees pursuant to the standards
established by section 552(a)(4) of title 5, United States
Code.
(2) Amount of fees.--The amount of a fee charged by the
head of an Executive agency pursuant to paragraph (1)(B) for
the copying of an unidentified anomalous phenomena record
shall be such amount as the head determines appropriate to
cover the costs incurred by the Executive agency in making
and providing such copy, except that in no case may the
amount of the fee charged exceed the actual expenses incurred
by the Executive agency in making and providing such copy.
SEC. __06. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
Disclosure of unidentified anomalous phenomena records or
particular information in
[[Page S4946]]
unidentified anomalous phenomena records to the public may be
postponed subject to the limitations of this division if
there is clear and convincing evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States posed by the public disclosure of the unidentified
anomalous phenomena record is of such gravity that it
outweighs the public interest in disclosure, and such public
disclosure would reveal--
(A) an intelligence agent whose identity currently requires
protection;
(B) an intelligence source or method which is currently
utilized, or reasonably expected to be utilized, by the
Federal Government and which has not been officially
disclosed, the disclosure of which would interfere with the
conduct of intelligence activities; or
(C) any other matter currently relating to the military
defense, intelligence operations, or conduct of foreign
relations of the United States, the disclosure of which would
demonstrably and substantially impair the national security
of the United States;
(2) the public disclosure of the unidentified anomalous
phenomena record would reveal the name or identity of a
living person who provided confidential information to the
Federal Government and would pose a substantial risk of harm
to that person;
(3) the public disclosure of the unidentified anomalous
phenomena record could reasonably be expected to constitute
an unwarranted invasion of personal privacy, and that
invasion of privacy is so substantial that it outweighs the
public interest; or
(4) the public disclosure of the unidentified anomalous
phenomena record would compromise the existence of an
understanding of confidentiality currently requiring
protection between a Federal Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
SEC. __07. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED
ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.
(a) Establishment.--There is established as an independent
agency a board to be known as the ``Unidentified Anomalous
Phenomena Records Review Board''.
(b) Appointment.--
(1) In general.--The President, by and with the advice and
consent of the Senate, shall appoint, without regard to
political affiliation, 9 citizens of the United States to
serve as members of the Review Board to ensure and facilitate
the review, transmission to the Archivist, and public
disclosure of government records relating to unidentified
anomalous phenomena.
(2) Period for nominations.--(A) The President shall make
nominations to the Review Board not later than 90 calendar
days after the date of the enactment of this Act.
(B) If the Senate votes not to confirm a nomination to the
Review Board, the President shall make an additional
nomination not later than 30 days thereafter.
(3) Consideration of recommendations.--(A) The President
shall make nominations to the Review Board after considering
persons recommended by the following:
(i) The majority leader of the Senate.
(ii) The minority leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The minority leader of the House of Representatives.
(v) The Secretary of Defense.
(vi) The National Academy of Sciences.
(vii) Established nonprofit research organizations relating
to unidentified anomalous phenomena.
(viii) The American Historical Association.
(ix) Such other persons and organizations as the President
considers appropriate.
(B) If an individual or organization described in
subparagraph (A) does not recommend at least 2 nominees
meeting the qualifications stated in paragraph (5) by the
date that is 45 days after the date of the enactment of this
Act, the President shall consider for nomination the persons
recommended by the other individuals and organizations
described in such subparagraph.
(C) The President may request an individual or organization
described in subparagraph (A) to submit additional
nominations.
(4) Qualifications.--Persons nominated to the Review
Board--
(A) shall be impartial citizens, none of whom shall have
had any previous or current involvement with any legacy
program or controlling authority relating to the collection,
exploitation, or reverse engineering of technologies of
unknown origin or the examination of biological evidence of
living or deceased non-human intelligence;
(B) shall be distinguished persons of high national
professional reputation in their respective fields who are
capable of exercising the independent and objective judgment
necessary to the fulfillment of their role in ensuring and
facilitating the review, transmission to the public, and
public disclosure of records related to the government's
understanding of, and activities associated with unidentified
anomalous phenomena, technologies of unknown origin, and non-
human intelligence and who possess an appreciation of the
value of such material to the public, scholars, and
government; and
(C) shall include at least--
(i) 1 current or former national security official;
(ii) 1 current or former foreign service official;
(iii) 1 scientist or engineer;
(iv) 1 economist;
(v) 1 professional historian; and
(vi) 1 sociologist.
(5) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of
each individual nominated and appointed to the position of
member of the Review Board to ensure the member does not have
any conflict of interest during the term of the service of
the member.
(B) Reports.--During the course of the review under
subparagraph (A), if the Director becomes aware that the
member being reviewed possesses a conflict of interest to the
mission of the Review Board, the Director shall, not later
than 30 days after the date on which the Director became
aware of the conflict of interest, submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
(c) Security Clearances.--
(1) In general.--All Review Board nominees shall be granted
the necessary security clearances and accesses, including any
and all relevant Presidential, departmental, and agency
special access programs, in an accelerated manner subject to
the standard procedures for granting such clearances.
(2) Qualification for nominees.--All nominees for
appointment to the Review Board under subsection (b) shall
qualify for the necessary security clearances and accesses
prior to being considered for confirmation by the Committee
on Homeland Security and Governmental Affairs of the Senate.
(d) Consideration by the Senate.--Nominations for
appointment under subsection (b) shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
(e) Vacancy.--A vacancy on the Review Board shall be filled
in the same manner as specified for original appointment
within 30 days of the occurrence of the vacancy.
(f) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be
removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
(2) Notice of removal.--(A) If a member of the Review Board
is removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives a report specifying the facts found and the
grounds for the removal.
(B) The President shall publish in the Federal Register a
report submitted under subparagraph (A), except that the
President may, if necessary to protect the rights of a person
named in the report or to prevent undue interference with any
pending prosecution, postpone or refrain from publishing any
or all of the report until the completion of such pending
cases or pursuant to privacy protection requirements in law.
(3) Judicial review.--(A) A member of the Review Board
removed from office may obtain judicial review of the removal
in a civil action commenced in the United States District
Court for the District of Columbia.
(B) The member may be reinstated or granted other
appropriate relief by order of the court.
(g) Compensation of Members.--
(1) In general.--A member of the Review Board, other than
the Executive Director under section __08(c)(1), shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
(h) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render
decisions on a determination by a Government office to seek
to postpone the disclosure of unidentified anomalous
phenomena records.
(2) Considerations and rendering of decisions.--In carrying
out paragraph (1), the Review Board shall consider and render
decisions--
(A) whether a record constitutes a unidentified anomalous
phenomena record; and
(B) whether a unidentified anomalous phenomena record or
particular information in a record qualifies for postponement
of disclosure under this division.
(i) Powers.--
(1) In general.--The Review Board shall have the authority
to act in a manner prescribed under this division, including
authority--
[[Page S4947]]
(A) to direct Government offices to complete identification
aids and organize unidentified anomalous phenomena records;
(B) to direct Government offices to transmit to the
Archivist unidentified anomalous phenomena records as
required under this division, including segregable portions
of unidentified anomalous phenomena records and substitutes
and summaries of unidentified anomalous phenomena records
that can be publicly disclosed to the fullest extent;
(C)(i) to obtain access to unidentified anomalous phenomena
records that have been identified and organized by a
Government office;
(ii) to direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals which the Review Board has reason to believe
are required to fulfill its functions and responsibilities
under this division; and
(iii) request the Attorney General to subpoena private
persons to compel testimony, records, and other information
relevant to its responsibilities under this division;
(D) require any Government office to account in writing for
the destruction of any records relating to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence;
(E) receive information from the public regarding the
identification and public disclosure of unidentified
anomalous phenomena records;
(F) hold hearings, administer oaths, and subpoena witnesses
and documents;
(G) use the Federal Acquisition Service in the same manner
and under the same conditions as other Executive agencies;
and
(H) use the United States mails in the same manner and
under the same conditions as other Executive agencies.
(2) Enforcement of subpoena.--A subpoena issued under
paragraph (1)(C)(iii) may be enforced by any appropriate
Federal court acting pursuant to a lawful request of the
Review Board.
(j) Witness Immunity.--The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code. Witnesses, close
observers, and whistleblowers providing information directly
to the Review Board shall also be afforded the protections
provided to such persons specified under section 1673(b) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (50 U.S.C. 3373b(b)).
(k) Oversight.--
(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the official conduct of the Review Board and the
disposition of postponed records after termination of the
Review Board, and shall have access to any records held or
created by the Review Board.
(2) House of representatives.--Unless otherwise determined
appropriate by the House of Representatives, the Committee on
Oversight and Accountability of the House of Representatives
shall have continuing legislative oversight jurisdiction in
the House of Representatives with respect to the official
conduct of the Review Board and the disposition of postponed
records after termination of the Review Board, and shall have
access to any records held or created by the Review Board.
(3) Duty to cooperate.--The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
described in this subsection.
(4) Security clearances.--The Chairmen and Ranking Members
of the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives, and staff of
such committees designated by such Chairmen and Ranking
Members, shall be granted all security clearances and
accesses held by the Review Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
(l) Support Services.--The Administrator of the General
Services Administration shall provide administrative services
for the Review Board on a reimbursable basis.
(m) Interpretive Regulations.--The Review Board may issue
interpretive regulations.
(n) Termination and Winding Down.--
(1) In general.--The Review Board and the terms of its
members shall terminate not later than September 30, 2030,
unless extended by Congress.
(2) Reports.--Upon its termination, the Review Board shall
submit to the President and Congress reports, including a
complete and accurate accounting of expenditures during its
existence and shall complete all other reporting requirements
under this division.
(3) Transfer of records.--Upon termination and winding
down, the Review Board shall transfer all of its records to
the Archivist for inclusion in the Collection, and no record
of the Review Board shall be destroyed.
SEC. __08. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW
BOARD PERSONNEL.
(a) Executive Director.--
(1) Appointment.--Not later than 45 days after the date of
the enactment of this Act, the President shall appoint 1
citizen of the United States, without regard to political
affiliation, to the position of Executive Director of the
Review Board. This position counts as 1 of the 9 Review Board
members under section __07(b)(1).
(2) Qualifications.--The person appointed as Executive
Director shall be a private citizen of integrity and
impartiality who--
(A) is a distinguished professional; and
(B) is not a present employee of the Federal Government;
and
(C) has had no previous or current involvement with any
legacy program or controlling authority relating to the
collection, exploitation, or reverse engineering of
technologies of unknown origin or the examination of
biological evidence of living or deceased non-human
intelligence.
(3) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of
each individual appointed to the position of Executive
Director to ensure the Executive Director does not have any
conflict of interest during the term of the service of the
Executive Director.
(B) Reports.--During the course of the review under
subparagraph (A), if the Director becomes aware that the
Executive Director possesses a conflict of interest to the
mission of the Review Board, the Director shall, not later
than 30 days after the date on which the Director became
aware of the conflict of interest, submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
(4) Security clearances.--(A) A candidate for Executive
Director shall be granted all the necessary security
clearances and accesses, including to relevant Presidential
and department or agency special access and compartmented
access programs in an accelerated manner subject to the
standard procedures for granting such clearances.
(B) A candidate shall qualify for the necessary security
clearances and accesses prior to being appointed by the
President.
(5) Functions.--The Executive Director shall--
(A) serve as principal liaison to the Executive Office of
the President and Congress;
(B) serve as Chairperson of the Review Board;
(C) be responsible for the administration and coordination
of the Review Board's review of records;
(D) be responsible for the administration of all official
activities conducted by the Review Board;
(E) exercise tie-breaking Review Board authority to decide
or determine whether any record should be disclosed to the
public or postponed for disclosure; and
(F) retain right-of-appeal directly to the President for
decisions pertaining to executive branch unidentified
anomalous phenomena records for which the Executive Director
and Review Board members may disagree.
(6) Removal.--The Executive Director shall not be removed
for reasons other for cause on the grounds of inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the responsibilities of the
Executive Director or the staff of the Review Board.
(b) Staff.--
(1) In general.--The Review Board, without regard to the
civil service laws, may appoint and terminate additional
personnel as are necessary to enable the Review Board and its
Executive Director to perform the duties of the Review Board.
(2) Qualifications.--
(A) In general.--Except as provided in subparagraph (B), a
person appointed to the staff of the Review Board shall be a
citizen of integrity and impartiality who has had no previous
or current involvement with any legacy program or controlling
authority relating to the collection, exploitation, or
reverse engineering of technologies of unknown origin or the
examination of biological evidence of living or deceased non-
human intelligence.
(B) Consultation with director of the office of government
ethics.--In their consideration of persons to be appointed as
staff of the Review Board under paragraph (1), the Review
Board shall consult with the Director--
(i) to determine criteria for possible conflicts of
interest of staff of the Review Board, consistent with ethics
laws, statutes, and regulations for employees of the
executive branch of the Federal Government; and
(ii) ensure that no person selected for such position of
staff of the Review Board possesses a conflict of interests
in accordance with the criteria determined pursuant to clause
(i).
(3) Security clearances.--(A) A candidate for staff shall
be granted the necessary security clearances (including all
necessary special access program clearances) in an
accelerated manner subject to the standard procedures for
granting such clearances.
(B)(i) The Review Board may offer conditional employment to
a candidate for a staff position pending the completion of
security clearance background investigations. During the
pendency of such investigations, the Review Board shall
ensure that any such employee does not have access to, or
responsibility involving, classified or otherwise restricted
unidentified anomalous phenomena record materials.
(ii) If a person hired on a conditional basis under clause
(i) is denied or otherwise does
[[Page S4948]]
not qualify for all security clearances necessary to carry
out the responsibilities of the position for which
conditional employment has been offered, the Review Board
shall immediately terminate the person's employment.
(4) Support from national declassification center.--The
Archivist shall assign one representative in full-time
equivalent status from the National Declassification Center
to advise and support the Review Board disclosure
postponement review process in a non-voting staff capacity.
(c) Compensation.--Subject to such rules as may be adopted
by the Review Board, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates--
(1) the Executive Director shall be compensated at a rate
not to exceed the rate of basic pay for level II of the
Executive Schedule and shall serve the entire tenure as one
full-time equivalent; and
(2) the Executive Director shall appoint and fix
compensation of such other personnel as may be necessary to
carry out this division.
(d) Advisory Committees.--
(1) Authority.--The Review Board may create advisory
committees to assist in fulfilling the responsibilities of
the Review Board under this division.
(2) FACA.--Any advisory committee created by the Review
Board shall be subject to chapter 10 of title 5, United
States Code.
(e) Security Clearance Required.--An individual employed in
any position by the Review Board (including an individual
appointed as Executive Director) shall be required to qualify
for any necessary security clearance prior to taking office
in that position, but may be employed conditionally in
accordance with subsection (b)(3)(B) before qualifying for
that clearance.
SEC. __09. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS REVIEW BOARD.
(a) Custody of Records Reviewed by Review Board.--Pending
the outcome of a review of activity by the Review Board, a
Government office shall retain custody of its unidentified
anomalous phenomena records for purposes of preservation,
security, and efficiency, unless--
(1) the Review Board requires the physical transfer of
records for reasons of conducting an independent and
impartial review; or
(2) such transfer is necessary for an administrative
hearing or other official Review Board function.
(b) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date of its
appointment, publish a schedule in the Federal Register for
review of all unidentified anomalous phenomena records;
(2) not later than 180 days after the date of the enactment
of this Act, begin its review of unidentified anomalous
phenomena records under this division; and
(3) periodically thereafter as warranted, but not less
frequently than semiannually, publish a revised schedule in
the Federal Register addressing the review and inclusion of
any unidentified anomalous phenomena records subsequently
discovered.
(c) Determinations of the Review Board.--
(1) In general.--The Review Board shall direct that all
unidentified anomalous phenomena records be transmitted to
the Archivist and disclosed to the public in the Collection
in the absence of clear and convincing evidence that--
(A) a Government record is not an unidentified anomalous
phenomena record; or
(B) a Government record, or particular information within
an unidentified anomalous phenomena record, qualifies for
postponement of public disclosure under this division.
(2) Requirements.--In approving postponement of public
disclosure of a unidentified anomalous phenomena record, the
Review Board shall seek to--
(A) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating body
and consistent with the standards for postponement under this
division, which of the following alternative forms of
disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a
unidentified anomalous phenomena record.
(ii) A substitute record for that information which is
postponed.
(iii) A summary of a unidentified anomalous phenomena
record.
(3) Controlled disclosure campaign plan.--With respect to
unidentified anomalous phenomena records, particular
information in unidentified anomalous phenomena records,
recovered technologies of unknown origin, and biological
evidence for non-human intelligence the public disclosure of
which is postponed pursuant to section __06, or for which
only substitutions or summaries have been disclosed to the
public, the Review Board shall create and transmit to the
President, the Archivist, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives
a Controlled Disclosure Campaign Plan, with classified
appendix, containing--
(A) a description of actions by the Review Board, the
originating body, the President, or any Government office
(including a justification of any such action to postpone
disclosure of any record or part of any record) and of any
official proceedings conducted by the Review Board with
regard to specific unidentified anomalous phenomena records;
and
(B) a benchmark-driven plan, based upon a review of the
proceedings and in conformity with the decisions reflected
therein, recommending precise requirements for periodic
review, downgrading, and declassification as well as the
exact time or specified occurrence following which each
postponed item may be appropriately disclosed to the public
under this division.
(4) Notice following review and determination.--(A)
Following its review and a determination that a unidentified
anomalous phenomena record shall be publicly disclosed in the
Collection or postponed for disclosure and held in the
protected Collection, the Review Board shall notify the head
of the originating body of the determination of the Review
Board and publish a copy of the determination in the Federal
Register within 14 days after the determination is made.
(B) Contemporaneous notice shall be made to the President
for Review Board determinations regarding unidentified
anomalous phenomena records of the executive branch of the
Federal Government, and to the oversight committees
designated in this division in the case of records of the
legislative branch of the Federal Government. Such notice
shall contain a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards contained in
section __06.
(d) Presidential Authority Over Review Board
Determination.--
(1) Public disclosure or postponement of disclosure.--After
the Review Board has made a formal determination concerning
the public disclosure or postponement of disclosure of an
unidentified anomalous phenomena record of the executive
branch of the Federal Government or information within such a
record, or of any information contained in a unidentified
anomalous phenomena record, obtained or developed solely
within the executive branch of the Federal Government, the
President shall--
(A) have the sole and nondelegable authority to require the
disclosure or postponement of such record or information
under the standards set forth in section __06; and
(B) provide the Review Board with both an unclassified and
classified written certification specifying the President's
decision within 30 days after the Review Board's
determination and notice to the executive branch agency as
required under this division, stating the justification for
the President's decision, including the applicable grounds
for postponement under section __06, accompanied by a copy of
the identification aid required under section __04.
(2) Periodic review.--(A) Any unidentified anomalous
phenomena record postponed by the President shall henceforth
be subject to the requirements of periodic review,
downgrading, declassification, and public disclosure in
accordance with the recommended timeline and associated
requirements specified in the Controlled Disclosure Campaign
Plan unless these conflict with the standards set forth in
section __06.
(B) This paragraph supersedes all prior declassification
review standards that may previously have been deemed
applicable to unidentified anomalous phenomena records.
(3) Record of presidential postponement.--The Review Board
shall, upon its receipt--
(A) publish in the Federal Register a copy of any
unclassified written certification, statement, and other
materials transmitted by or on behalf of the President with
regard to postponement of unidentified anomalous phenomena
records; and
(B) revise or amend recommendations in the Controlled
Disclosure Campaign Plan accordingly.
(e) Notice to Public.--Every 30 calendar days, beginning on
the date that is 60 calendar days after the date on which the
Review Board first approves the postponement of disclosure of
a unidentified anomalous phenomena record, the Review Board
shall publish in the Federal Register a notice that
summarizes the postponements approved by the Review Board or
initiated by the President, the Senate, or the House of
Representatives, including a description of the subject,
originating agency, length or other physical description, and
each ground for postponement that is relied upon to the
maximum extent classification restrictions permitting.
(f) Reports by the Review Board.--
(1) In general.--The Review Board shall report its
activities to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, the President, the Archivist, and the head
of any Government office whose records have been the subject
of Review Board activity.
(2) First report.--The first report shall be issued on the
date that is 1 year after the date of enactment of this Act,
and subsequent reports every 1 year thereafter until
termination of the Review Board.
(3) Contents.--A report under paragraph (1) shall include
the following information:
(A) A financial report of the expenses for all official
activities and requirements of the Review Board and its
personnel.
[[Page S4949]]
(B) The progress made on review, transmission to the
Archivist, and public disclosure of unidentified anomalous
phenomena records.
(C) The estimated time and volume of unidentified anomalous
phenomena records involved in the completion of the Review
Board's performance under this division.
(D) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to operate as required by this
division.
(E) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized by this division, and a record of the
volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional
legislative authority needs.
(4) Copies and briefs.--Coincident with the reporting
requirements in paragraph (2), or more frequently as
warranted by new information, the Review Board shall provide
copies to, and fully brief, at a minimum the President, the
Archivist, leadership of Congress, the Chairmen and Ranking
Members of the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives,
and the Chairs and Chairmen, as the case may be, and Ranking
Members and Vice Chairmen, as the case may be, of such other
committees as leadership of Congress determines appropriate
on the Controlled Disclosure Campaign Plan, classified
appendix, and postponed disclosures, specifically
addressing--
(A) recommendations for periodic review, downgrading, and
declassification as well as the exact time or specified
occurrence following which specific unidentified anomalous
phenomena records and material may be appropriately
disclosed;
(B) the rationale behind each postponement determination
and the recommended means to achieve disclosure of each
postponed item;
(C) any other findings that the Review Board chooses to
offer; and
(D) an addendum containing copies of reports of postponed
records to the Archivist required under subsection (c)(3)
made since the date of the preceding report under this
subsection.
(5) Notice.--At least 90 calendar days before completing
its work, the Review Board shall provide written notice to
the President and Congress of its intention to terminate its
operations at a specified date.
(6) Briefing the all-domain anomaly resolution office.--
Coincident with the provision in paragraph (5), if not
accomplished earlier under paragraph (4), the Review Board
shall brief the All-domain Anomaly Resolution Office
established pursuant to section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or
its successor, as subsequently designated by Act of Congress,
on the Controlled Disclosure Campaign Plan, classified
appendix, and postponed disclosures.
SEC. __10. DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN
ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN
INTELLIGENCE.
(a) Exercise of Eminent Domain.--The Federal Government
shall exercise eminent domain over any and all recovered
technologies of unknown origin and biological evidence of
non-human intelligence that may be controlled by private
persons or entities in the interests of the public good.
(b) Availability to Review Board.--Any and all such
material, should it exist, shall be made available to the
Review Board for personal examination and subsequent
disclosure determination at a location suitable to the
controlling authority of said material and in a timely manner
conducive to the objectives of the Review Board in accordance
with the requirements of this division.
(c) Actions of Review Board.--In carrying out subsection
(b), the Review Board shall consider and render decisions--
(1) whether the material examined constitutes technologies
of unknown origin or biological evidence of non-human
intelligence beyond a reasonable doubt;
(2) whether recovered technologies of unknown origin,
biological evidence of non-human intelligence, or a
particular subset of material qualifies for postponement of
disclosure under this division; and
(3) what changes, if any, to the current disposition of
said material should the Federal Government make to
facilitate full disclosure.
(d) Review Board Access to Testimony and Witnesses.--The
Review Board shall have access to all testimony from
unidentified anomalous phenomena witnesses, close observers
and legacy program personnel and whistleblowers within the
Federal Government's possession as of and after the date of
the enactment of this Act in furtherance of Review Board
disclosure determination responsibilities in section __07(h)
and subsection (c) of this section.
(e) Solicitation of Additional Witnesses.--The Review Board
shall solicit additional unidentified anomalous phenomena
witness and whistleblower testimony and afford protections
under section 1673(b) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b))
if deemed beneficial in fulfilling Review Board
responsibilities under this division.
SEC. __11. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) Information held under seal of a court.--The Review
Board may request the Attorney General to petition any court
in the United States or abroad to release any information
relevant to unidentified anomalous phenomena, technologies of
unknown origin, or non-human intelligence that is held under
seal of the court.
(2) Information held under injunction of secretary of grand
jury.--(A) The Review Board may request the Attorney General
to petition any court in the United States to release any
information relevant to unidentified anomalous phenomena,
technologies of unknown origin, or non-human intelligence
that is held under the injunction of secrecy of a grand jury.
(B) A request for disclosure of unidentified anomalous
phenomena, technologies of unknown origin, and non-human
intelligence materials under this division shall be deemed to
constitute a showing of particularized need under rule 6 of
the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact any foreign
government that may hold material relevant to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence and seek disclosure of such material; and
(3) all heads of Executive agencies should cooperate in
full with the Review Board to seek the disclosure of all
material relevant to unidentified anomalous phenomena,
technologies of unknown origin, and non-human intelligence
consistent with the public interest.
SEC. __12. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this division requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other provision
of law (except section 6103 of the Internal Revenue Code of
1986 specifying confidentiality and disclosure of tax returns
and tax return information), judicial decision construing
such provision of law, or common law doctrine that would
otherwise prohibit such transmission or disclosure, with the
exception of deeds governing access to or transfer or release
of gifts and donations of records to the United States
Government.
(b) Freedom of Information Act.--Nothing in this division
shall be construed to eliminate or limit any right to file
requests with any executive agency or seek judicial review of
the decisions pursuant to section 552 of title 5, United
States Code.
(c) Judicial Review.--Nothing in this division shall be
construed to preclude judicial review, under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this division.
(d) Existing Authority.--Nothing in this division revokes
or limits the existing authority of the President, any
executive agency, the Senate, or the House of
Representatives, or any other entity of the Federal
Government to publicly disclose records in its possession.
(e) Rules of the Senate and House of Representatives.--To
the extent that any provision of this division establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to
the procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
SEC. __13. TERMINATION OF EFFECT OF DIVISION.
(a) Provisions Pertaining to the Review Board.--The
provisions of this division that pertain to the appointment
and operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members have
terminated pursuant to section __07(n).
(b) Other Provisions.--(1) The remaining provisions of this
division shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
unidentified anomalous phenomena records have been made
available to the public in accordance with this division.
(2) In facilitation of the provision in paragraph (1), the
All-domain Anomaly Resolution Office established pursuant to
section 1683 of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373), or its successor as
subsequently designated by Act of Congress, shall develop
standardized unidentified anomalous phenomena
declassification guidance applicable to any and all
unidentified anomalous phenomena records generated by
originating bodies subsequent to termination of the Review
Board consistent with the requirements and intent of the
Controlled Disclosure Campaign Plan with respect to
unidentified anomalous phenomena records originated prior to
Review Board termination.
[[Page S4950]]
SEC. __14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the
provisions of this division $20,000,000 for fiscal year 2025.
SEC. __15. CONFORMING REPEAL.
(a) Repeal.--Subtitle C of title XVIII of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31) is hereby repealed.
(b) Clerical Amendment.--The table of contents in section 2
of such Act is amended by striking the items relating to
subtitle C of title XVIII.
SEC. __16. SEVERABILITY.
If any provision of this division or the application
thereof to any person or circumstance is held invalid, the
remainder of this division and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
______
SA 2611. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. NET ASSESSMENT OF ARTIFICIAL GENERAL INTELLIGENCE.
(a) Study.--The Secretary of Defense shall, acting through
the Office of Net Assessment, conduct a study to analyze the
impact of future developments in artificial general
intelligence on the military readiness and economic
competitiveness of the United States.
(b) Scenarios.--
(1) In general.--In conducting the study required by
subsection (a), the Secretary shall analyze multiple
scenarios in which a specified artificial intelligence
capability is assumed to exist and the goal is to understand
what the implications would be on the United States military
and the broader United States economy.
(2) Levels of capability.--Each scenario analyzed under
paragraph (1) shall assume the existence of a certain level
of capability to perform intellectual or physical tasks using
software or hardware, but without human involvement, and may
assume a specific cost of this artificial intelligence
capability, such as the ability to perform all job tasks that
a typical human would perform at a specified price.
(3) Dynamic capabilities.--Scenarios analyzed under this
subsection may allow the capabilities of artificial
intelligence systems to increase over time instead of
remaining fixed.
(c) Properties.--The study conducted under subsection (a)
shall have the following properties:
(1) A taxonomy of levels of artificial general
intelligence. To the degree possible, such taxonomy shall be
developed in conjunction with relevant experts in the Federal
Government or outside of government and shall be as
consistent as possible with any similar taxonomy developed by
such experts.
(2) At least one scenario under subsection (b) shall assume
the existence of an artificial general intelligence system
that is more intelligent than any human.
(3) The study is not required to estimate the likelihood of
any such scenario occurring, nor should the likelihood of the
scenario occurring affect the analysis of the scenario.
However, the study may optionally estimate these likelihoods.
(d) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the findings of
the Secretary with respect to the study conducted under
subsection (a).
(2) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(e) Briefing.--Not later than 30 days after the date of the
submittal of the report under subsection (d), the Secretary
shall provide the congressional defense committees a briefing
on the main findings of the Secretary with respect to the
study conducted under subsection (a).
______
SA 2612. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3123. ARTIFICIAL INTELLIGENCE AND NATIONAL SECURITY.
(a) Evaluations.--
(1) In general.--The Administrator for Nuclear Security
shall develop tools and testbeds to evaluate the capabilities
of artificial intelligence systems to assist in the
development of chemical, biological, nuclear, or radiological
weapons.
(2) Public artificial intelligence systems.--The
Administrator shall evaluate publicly available artificial
intelligence systems for such capabilities on an ongoing
basis.
(b) Requirements on Commercial Artificial Intelligence
Providers.--
(1) In general.--Any commercial cloud computing service
that provides unclassified access to artificial intelligence
systems on its platform, and which in general offers software
services in a classified computing environment to the
Department of Energy or Department of Defense, shall, at the
request of the Administrator, offer a particular artificial
intelligence system in a classified computing environment at
no cost to the National Nuclear Security Administration, upon
a determination by the Administrator that the specified
artificial intelligence system is relevant for performing the
tasks specified in subsection (a).
(2) Assistance.--Developers of any such artificial
intelligence systems shall provide any necessary design and
engineering assistance necessary to support the usage of
those systems in the classified computing environment.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall provide to the congressional defense committees, the
Committee on Energy and Natural Resources of the Senate, and
the Committee on Energy and Commerce of the House of
Representatives, a classified briefing that includes--
(1) a description of the work performed by the National
Nuclear Security Administration in response to Executive
Order 14110 (88 Fed. Reg. 75191; relating to safe, secure,
and trustworthy development and use of artificial
intelligence) and the evaluations conducted pursuant to
subsection (a) to understand the national security risks
posed by artificial intelligence;
(2) a description of the extent to which commercial and
open source artificial intelligence systems can generate
sensitive or classified information about nuclear weapons,
and whether any such systems are developed using classified
information;
(3) a description of the status of authorities for running
commercial and open source artificial intelligence systems on
classified computational infrastructure;
(4) a summary of potential risk mitigation and response
options in the event that Restricted Data (as that term is
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014)) is discovered on, or generated by, commercial
or open source artificial intelligence systems;
(5) recommendations regarding the infrastructure and
personnel needed to continue to evaluate the national
security risks of artificial intelligence systems; and
(6) recommendations on the legal authorities needed by the
National Nuclear Security Administration to address national
security risks of artificial intelligence systems.
______
SA 2613. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. REPORTS ON APPROVAL AND DEPLOYMENT OF LETHAL
AUTONOMOUS WEAPON SYSTEMS.
(a) In General.--On an annual basis in accordance with
subsection (c), the President shall submit to the
congressional defense committees a comprehensive report on
the approval and deployment of lethal autonomous weapon
systems by the United States.
(b) Elements.--Each report under subsection (a) shall
include, with respect to the period covered by the report,
the following:
(1) A comprehensive list of any lethal autonomous weapon
systems that have been approved by senior defense officials
for use by the United States military under Department of
Defense policies in effect as of the date of the report, the
dates of such approvals, and a description how such weapons
systems have been, are being, or will be deployed and whether
they operated as intended.
(2) A comprehensive list of any lethal autonomous weapon
systems that have received a waiver of the requirement for
review by senior defense officials under Department of
Defense policies in effect as of the date of the report, the
dates such waivers were issued, and a description of how such
weapon systems have been, are being, or will be deployed and
whether they operated as intended.
(3) A comprehensive list of any lethal autonomous weapon
systems that are undergoing senior review or waiver request
processes as of the date of the report.
(4) A comprehensive list of any lethal autonomous weapon
systems not approved during a senior review or waiver request
process and the reasons for such disapproval.
(c) Timing of Reports.--
(1) Initial report.--The President shall submit the first
report required under subsection (a) not later than one year
after the
[[Page S4951]]
date of the enactment of this Act. Such report shall include
the information described in subsection (b) for all relevant
time periods preceding the date of the report.
(2) Subsequent reports.--Following submittal of the initial
report under paragraph (1), the President shall submit
subsequent reports under subsection (a) on an annual basis.
Each subsequent report shall include the information
described in subsection (b) with respect to the period that
elapsed since the date of the immediately preceding report.
(d) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
______
SA 2614. Mr. HEINRICH (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. MODERNIZATION OF INFORMATION TECHNOLOGY SYSTEMS AND
APPLICATIONS OF THE BUREAU OF INDUSTRY AND
SECURITY.
(a) Sense of Congress.--It is the sense of Congress that
the effective use of export controls requires that--
(1) the Bureau of Industry and Security of the Department
of Commerce adopt and deploy cutting-edge data fusion,
analytics, and decision-making capabilities, as well as
supply chain illumination tools, and additional commercial
data sets to streamline and standardize the export license
adjudication process, better assess global industrial
relationships, and identify evasive trade patterns and shell
companies being used by adversary militaries;
(2) the Bureau expand and scale up the adoption and use of
modern data sharing interfaces and capabilities to share data
safely and efficiently with industry, Federal agencies, and
international partners;
(3) Bureau information technology systems should overtime
enable the incorporation of artificial intelligence, machine
learning, and other advanced tools as technologies evolve;
(4) the Bureau expedite Entity List deliberations tied to
countries of concern and enforcement activities related to
tracking military end users and end uses in countries of
concern including the People's Republic of China, the Russian
Federation, and Iran;
(5) the Bureau work with relevant agencies to
comprehensively map the defense industrial base of the
People's Republic of China and its military-civil fusion
strategy; and
(6) the Bureau work with relevant agencies to
comprehensively map the commercial linkages between the
industrial bases of the People's Republic of China and the
Russian Federation.
(b) Modernization.--Subject to the availability of
appropriations, the Under Secretary of Commerce for Industry
and Security shall, on an ongoing basis through fiscal year
2029, modernize the information technology systems of the
Bureau of Industry and Security of the Department of
Commerce.
(c) Elements.--In carrying out subsection (b), the Under
Secretary should--
(1) replace the Bureau's primary information technology
systems with a unified environment that--
(A) allows for deployment of a seamless case and customer
relationship management information technology solution; and
(B) provides analysis of data obtained from external data
providers that is collected by trade transactions and other
sources as appropriate;
(2) adopt and deploy cutting-edge data fusion, analytics,
and decision-making capabilities, as well as supply chain
illumination tools, and additional commercial data sets to
streamline and standardize the export license adjudication
process, better assess global industrial relationships,
enhance Entity List deliberations, support enforcement
activities, including by tracking military end users and end
uses, and identify evasive trade patterns and shell
companies; and
(3) expand and scale up the adoption and use of modern
data-sharing interfaces and capabilities to share data safely
and efficiently with industry, Federal agencies, and
international partners.
(d) Objectives.--Before any technology solutions are
adopted with respect to the elements described in subsection
(c), such solutions should be analyzed based on their ability
to--
(1) enhance productivity and efficiency, including by
reducing the need for manual review and processing of data;
(2) reduce redundancies and manage costs;
(3) enhance the overall data and cyber security of Bureau
systems;
(4) facilitate seamless and safe sharing of appropriate
data with relevant stakeholders and partners;
(5) facilitate seamless data sharing with relevant agencies
and the intelligence community; and
(6) enhance the ease of access and user experience for
United States exporters that are utilizing Bureau systems.
(e) Personnel Assessment.--The Under Secretary should--
(1) reassess staffing and personnel needs across the Bureau
throughout the modernization process described in this
section; and
(2) consult with Congress on whether additional or less
personnel may be most effective for utilizing modern
applications and systems.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $25,000,000 for each of fiscal years 2025
through 2028 to carry out this section.
______
SA 2615. Mr. HEINRICH (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. HARDWARE SECURITY RESEARCH FOR HIGH-PERFORMANCE
COMPUTING AND ARTIFICIAL INTELLIGENCE.
(a) In General.--Title LIII of the National Artificial
Intelligence Initiative Act of 2020 (15 U.S.C. 9441 et seq.)
is amended by adding at the end the following:
``SEC. 5304. HARDWARE SECURITY RESEARCH FOR HIGH-PERFORMANCE
COMPUTING AND ARTIFICIAL INTELLIGENCE.
``(a) In General.--The Secretary of Commerce shall, subject
to the availability of appropriations--
``(1)(A) designate certain properties or capabilities of
integrated circuits as being critical, or specialized, for
high-performance computing, high-performance networking,
artificial intelligence development, or artificial
intelligence deployment;
``(B) perform research to make designations under
subparagraph (A); and
``(C) regularly update those designations as commercially
available integrated circuits change over time;
``(2)(A) identify categories of products containing
integrated circuits that have properties or capabilities
designated under paragraph (1); and
``(B) regularly update the categories of products
identified under subparagraph (A) as available products
change over time;
``(3) in conjunction with relevant entities from
government, academia, and industry--
``(A) establish a research and development program for the
development of security and governance mechanisms for the
categories of products identified under paragraph (2); and
``(B) develop and refine benchmarks and procedures for
evaluating the robustness of the security mechanisms
developed under subparagraph (A) for the categories of
products identified under paragraph (2); and
``(4) promote and facilitate the development of standards
for software and hardware security mechanisms for the
categories of products identified under paragraph (2) that
focus on limiting the extent to which unauthorized entities
may operate the products, either in general or in specific
usage configurations.
``(b) Interagency Coordination.--The Secretary shall
coordinate with all relevant committees of the National
Science and Technology Council to oversee the efforts carried
out under subsection (a).
``(c) External Consultation.--The Secretary shall consult
with the industrial advisory committee established under
section 9906(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4656(b)) in carrying out the efforts under subsection (a).''.
(b) Clerical Amendment.--The table of contents in section 2
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended by inserting after the item relating to section
5303 the following:
``Sec. 5304. Hardware security research for high-performance computing
and artificial intelligence.''.
______
SA 2616. Mr. HEINRICH (for himself, Mr. Schumer, Mr. Young, Mr.
Booker, and Mr. Rounds) submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--National Artificial Intelligence Research Resource
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Creating Resources for
Every American To Experiment with Artificial Intelligence Act
of 2024'' or the ``CREATE AI Act of 2024''.
SEC. 1097. FINDINGS.
Congress finds the following:
(1) Cutting-edge artificial intelligence research relies on
access to computational resources and large datasets.
[[Page S4952]]
(2) Access to the computational resources and datasets
necessary for artificial intelligence research and
development is often limited to very large technology
companies.
(3) The lack of access to computational and data resources
has resulted in insufficient diversity in the artificial
intelligence research and development community.
(4) Engaging the full and diverse talent of the United
States is critical for maintaining United States leadership
in artificial intelligence and ensuring that artificial
intelligence is developed in a manner that benefits all
people of the United States.
(5) The National Artificial Intelligence Research Resource
Task Force, authorized under section 5106 of the National
Artificial Intelligence Initiative Act of 2020 (15 U.S.C.
9401 et seq.), recommended the establishment of a National
Artificial Intelligence Research Resource in a report
entitled ``Strengthening and Democratizing the U.S.
Artificial Intelligence Innovation Ecosystem: An
Implementation Plan for a National Artificial Intelligence
Research Resource'', issued on January 24, 2023.
SEC. 1098. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH
RESOURCE.
(a) In General.--The National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9401 et seq.) is amended by
adding at the end the following:
``TITLE LVI--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE
``Sec. 5601. Definitions.
``Sec. 5602. Establishment; governance.
``Sec. 5603. Resources of the NAIRR.
``Sec. 5604. NAIRR processes and procedures.
``SEC. 5601. DEFINITIONS.
``In this title:
``(1) Advisory committee.--The term `Advisory Committee'
means any Advisory Committee established under section
5602(c).
``(2) AI testbed.--The term `AI testbed' means a testbed
described in section 22A(g) of the National Institute of
Standards and Technology Act (15 U.S.C. 278h-1(g)).
``(3) Executive agency.--The term `Executive agency' has
the meaning given such term in section 105 of title 5, United
States Code.
``(4) National artificial intelligence research resource;
nairr.--The terms `National Artificial Intelligence Research
Resource' and `NAIRR' have the meaning given the term
`National Artificial Intelligence Research Resource' in
section 5106(g).
``(5) Operating entity.--The term `Operating Entity' means
the Operating Entity selected by the Program Management
Office as described in section 5602(b)(3)(A).
``(6) Program management office.--The term `Program
Management Office' means the Program Management Office
established under section 5602(b).
``(7) Resource of the nairr.--The term `resource of the
NAIRR' means a resource described in section 5603(b).
``(8) Select committee on ai.--The term `Select Committee
on AI' means the Interagency Committee.
``(9) STEM.--The term `STEM' means science, technology,
engineering, and mathematics, including computer science.
``SEC. 5602. ESTABLISHMENT; GOVERNANCE.
``(a) Establishment.--Not later than 1 year after the date
of enactment of the Creating Resources for Every American To
Experiment with Artificial Intelligence Act of 2024, the
Director of the National Science Foundation shall establish
the National Artificial Intelligence Research Resource to--
``(1) spur innovation and advance artificial intelligence
research and development;
``(2) advance the development of trustworthy artificial
intelligence;
``(3) improve access to artificial intelligence resources
for researchers and students of artificial intelligence,
including groups historically underrepresented in STEM;
``(4) improve capacity for artificial intelligence research
in the United States; and
``(5) support the testing, benchmarking, and evaluation of
artificial intelligence systems developed and deployed in the
United States.
``(b) Program Management Office.--
``(1) Establishment.--The Director of the National Science
Foundation shall establish within the National Science
Foundation a Program Management Office to oversee the day-to-
day functions of the NAIRR and shall appoint an individual to
head the Program Management Office.
``(2) Staff.--
``(A) In general.--The head of the Program Management
Office may identify staff and direct all employees of the
Program Management Office, in accordance with the applicable
provisions of title 5, United States Code.
``(B) Representation.--The staff of the Program Management
Office may include representation from other Executive
agencies providing support for NAIRR resources.
``(3) Duties.--The duties of the Program Management Office
shall include--
``(A) in consultation with any relevant Advisory Committee
as appropriate--
``(i) overseeing and approving the operating plan for the
NAIRR;
``(ii) developing the budget for the NAIRR, in consultation
with any relevant Executive agency or office represented on
the Select Committee on AI;
``(iii) developing the funding opportunity and soliciting
bids for the Operating Entity, which will be responsible for
operation of the National Artificial Intelligence Research
Resource;
``(iv) selecting, through a competitive and transparent
process, a nongovernmental organization, which may be an
independent legal entity or a consortium of 1 or more
partners (which may include federally funded research and
development centers), to be designated the Operating Entity;
``(v) overseeing compliance with the contractual
obligations of the Operating Entity;
``(vi) establishing evaluation criteria, including key
performance indicators, for the NAIRR;
``(vii) overseeing asset allocation and utilization;
``(viii) identifying an external independent evaluation
entity;
``(ix) assessing the performance of the Operating Entity on
not less than an annual basis and, if such performance is
unsatisfactory, ending the agreement with such Operating
Entity and selecting a new Operating Entity in accordance
with clause (iv);
``(x) developing funding opportunities for resources of the
NAIRR, in consultation with relevant Executive agencies or
offices represented on the Select Committee on AI; and
``(xi) coordinating resource contributions from
participating Federal agencies;
``(B) delegating, with appropriate oversight, operational
tasks to the Operating Entity, including--
``(i) coordinating the provisioning of resources of the
NAIRR;
``(ii) maintaining a portal and associated services for
users to access resources of the NAIRR;
``(iii) developing policies and procedures for the NAIRR;
``(iv) hiring and managing a staff (including experts in
cyber infrastructure management, data science, research
design, privacy, ethics, civil rights and civil liberties,
and legal and policy matters) to support the operations of
the NAIRR;
``(v) continually modernizing NAIRR infrastructure;
``(vi) annually reviewing and cataloging the performance of
the NAIRR (including performance on the key performance
indicators established under subparagraph (A)(vi)), the
resources of the NAIRR, and the NAIRR governance structure;
``(vii) establishing and administering training to new
users on accessing a resource of the NAIRR, research design,
and issues related to privacy, ethics, civil rights and civil
liberties, safety, and trustworthiness of artificial
intelligence systems;
``(viii) facilitating connections to AI testbeds; and
``(ix) making educational resources of the NAIRR available
to other Executive agencies, and to Congress and agencies in
the legislative and judicial branches, for the purpose of
educating Federal Government officials and employees about
artificial intelligence;
``(C) developing an annual report, transmitted to the
Director of the Office of Science and Technology Policy, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Science, Space, and Technology
of the House of Representatives and made available to the
public, on the progress of the NAIRR that includes--
``(i) a summary of the information collected under
subparagraph (B)(vi);
``(ii) a list of projects that used the NAIRR during the
reporting period, including, as appropriate, relevant details
about the projects that demonstrate the value to the public
provided by the projects; and
``(iii) any recommendations for changes to the NAIRR; and
``(D) overseeing a periodic independent assessment of the
NAIRR.
``(c) Advisory Committees.--
``(1) Establishment.--The head of the Program Management
Office, acting through the Director of the Operating Entity,
shall establish Advisory Committees to provide advice to the
Operating Entity and the Program Management Office. Any such
Advisory Committees shall be comprised of members from
government agencies, the private sector, academia, and public
interest groups.
``(2) Determination regarding applicability of faca.--The
Director of the National Science Foundation may determine
that the requirements of chapter 10 of title 5, United States
Code, shall not apply with respect to a specific Advisory
Committee established under paragraph (1).
``(d) Provision of Resources of the NAIRR.--Each Executive
agency or office represented on the Select Committee on AI is
authorized to provide the Operating Entity with resources of
the NAIRR or funding for resources of the NAIRR.
``SEC. 5603. RESOURCES OF THE NAIRR.
``(a) In General.--The head of the Program Management
Office, acting through the Director of the Operating Entity
and in consultation with relevant Executive agencies and
offices represented on the Select Committee on AI and any
relevant Advisory Committee, shall--
``(1) coordinate and provision resources of the NAIRR;
``(2) establish processes to manage the procurement of new
resources of the NAIRR, and intake of in-kind contribution of
resources of the NAIRR, from Executive agencies or other
entities;
``(3) establish policies on and review resources of the
NAIRR for concerns related to ethics, privacy, civil rights,
and civil liberties;
``(4) retire resources of the NAIRR no longer available or
needed; and
[[Page S4953]]
``(5) publicly report a summary of categories of available
resources of the NAIRR, categories of sources of such
resources of the NAIRR, and issues related to resources of
the NAIRR.
``(b) Resources of the NAIRR.--The NAIRR shall offer
resources that include, at a minimum, all of the following,
subject to the availability of appropriations:
``(1) A mix of computational resources that--
``(A) shall include--
``(i) on-premises, cloud-based, hybrid, and emergent
resources;
``(ii) public cloud providers providing access to popular
computational and storage services for NAIRR users;
``(iii) a secure unclassified computing environment for
projects involving sensitive applications involving
personally identifiable information, health data, or other
sensitive or high-risk data;
``(iv) an open source software environment for the NAIRR;
and
``(v) an application programming interface providing
structured access to artificial intelligence models; and
``(B) may include a classified computing environment for
national security applications.
``(2) Data, including by--
``(A)(i) in coordination with the National Institute of
Standards and Technology and consistent with the guidance of
the National Science and Technology Council titled `Desirable
Characteristics of Data Repositories for Federally Funded
Data,' dated May 2022, or any successor document, publishing
interoperability standards for data repositories based on the
data sharing and documentation standards and guidelines
produced under section 22A of the National Institute of
Standards and Technology Act (15 U.S.C. 278h-1); and
``(ii) selecting and developing, through a competitive
bidding process, data repositories to be available to NAIRR
users;
``(B) establishing acceptable criteria for datasets used as
resources of the NAIRR;
``(C) identifying and providing access to existing curated
datasets of value and interest to the NAIRR user community;
``(D) establishing an artificial intelligence open data
commons to facilitate community sharing and curation of data,
code, and models; and
``(E) coordinating with the Interagency Council on
Statistical Policy to explore options to make Federal
statistical data available to NAIRR users, including through
the standard application process established under section
3583(a) of title 44, United States Code.
``(3) Educational tools and services, including by--
``(A) facilitating and curating educational and training
materials;
``(B) providing technical training and user support; and
``(C) providing outreach and programming for groups
historically underrepresented in STEM.
``(4) AI testbeds and high-performance computing testbeds,
including by--
``(A) in coordination with the National Institute of
Standards and Technology, facilitating access to artificial
intelligence testbeds through which researchers can measure,
benchmark, test, or evaluate engineering or algorithmic
developments;
``(B) developing a comprehensive catalog of open AI
testbeds; and
``(C) in coordination with the Department of Energy, and
subject to the availability of appropriations, providing
access to 1 or more secure testbeds for data, models, tools,
and applications related to the reliability, resilience, and
security of the electrical grid, with applications including
energy forecasting and provisioning (in real time or near-
real time, such as at an hourly or higher frequency), long-
term reliability planning, and other areas of power systems
analysis.
``SEC. 5604. NAIRR PROCESSES AND PROCEDURES.
``(a) User Eligibility.--
``(1) Eligible users.--Subject to paragraph (3), the
following users shall be eligible for access to the NAIRR:
``(A) A researcher, educator, or student based in the
United States that is affiliated with an entity described in
paragraph (2).
``(B) An employee of an entity described in clause (iii) or
(iv) of paragraph (2)(B) with a demonstrable mission-need.
``(2) Entities described.--An entity described in this
paragraph is an entity that--
``(A) is based in the United States; and
``(B) is one of the following:
``(i) An institution of higher education.
``(ii) A nonprofit institution (as such term is defined in
section 4 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3703)).
``(iii) An Executive agency, Congress, an agency of the
legislative branch, or an agency of the judicial branch.
``(iv) A federally funded research and development center.
``(v) A small business concern (as such term is defined in
section 3 of the Small Business Act (15 U.S.C. 632),
notwithstanding section 121.103 of title 13, Code of Federal
Regulations) that has received funding from an Executive
agency, including through the Small Business Innovation
Research Program or the Small Business Technology Transfer
Program (as described in section 9 of the Small Business Act
(15 U.S.C. 638)).
``(vi) A category of entity that the Director of the
National Science Foundation and the Director of the Office of
Science and Technology Policy determine shall be eligible.
``(vii) A consortium composed of entities described in
clauses (i) through (vi).
``(3) Excluded entities.--
``(A) In general.--No individual is authorized to be an
eligible user under paragraph (1) if the individual is
employed by a foreign country that is listed in section
4872(d)(2) of title 10, United States Code, or is otherwise
authorized by such country to act for or on its behalf.
``(B) Enforcement.--The Director of the National Science
Foundation shall ensure that individuals authorized as
eligible users meet the requirements of subparagraph (A).
``(4) User access selection.--The head of the Program
Management Office, acting through the Director of the
Operating Entity, shall establish an application process for
eligible users to request access to the NAIRR.
``(b) Privacy, Ethics, Civil Rights and Civil Liberties,
Safety, and Trustworthiness.--
``(1) In general.--
``(A) Requirements.--The head of the Program Management
Office, acting through the Director of the Operating Entity
and in consultation with any relevant Advisory Committee,
shall establish requirements, a review process for
applications, and a process for auditing resources of the
NAIRR and research conducted using resources of the NAIRR on
matters related to privacy, ethics, civil rights and civil
liberties, safety, security, and trustworthiness of
artificial intelligence systems developed using resources of
the NAIRR.
``(B) Federal statistical data.--Any auditing process
required under subparagraph (A) for Federal statistical data
included in a resource of the NAIRR shall be completed by the
head of a designated statistical agency (as defined in
section 3576(e) of title 44, United States Code), in
coordination with the Chief Statistician of the United
States, consistent with relevant law.
``(2) Consistency.--The head of the Program Management
Office shall ensure the requirements and processes described
in paragraph (1) are consistent with the policies of the
Office of Management and Budget policy and relevant policies
of other Executive agencies. The head of the Program
Management Office shall coordinate with the Senior Agency
Official for Privacy and the General Counsel of the National
Science Foundation in ensuring compliance with applicable
privacy law and policy and Federal laws and regulations.
``(3) Availability.--The head of the Program Management
Office, acting through the Director of the Operating Entity,
shall--
``(A) when determining access to computational resources of
the NAIRR, take into consideration the extent to which the
access relates to privacy, ethics, civil rights and civil
liberties, safety, security, risk mitigation, and
trustworthiness of artificial intelligence systems, or other
topics that demonstrate that a project is in the public
interest;
``(B) ensure that a significant percentage of the annual
allotment of computational resources of the NAIRR is provided
to projects whose primary focus is related to any of the
topics described in subparagraph (A); and
``(C) to the extent that demand for access to computational
resources of the NAIRR exceeds availability, consider, on a
priority basis, projects focusing on any of the topics
described in subparagraph (A) when ranking applications for
such access.
``(c) Scientific Research Misconduct.--The head of the
Program Management Office, acting through the Director of the
Operating Entity and in consultation with any relevant
Advisory Committee, shall develop mechanisms for an employee
of the Operating Entity, an employee of the Program
Management Office, a member of an Advisory Committee, a
researcher or student affiliated with a NAIRR user described
in subsection (a)(1), an employee of a provider of a resource
of the NAIRR, an employee of a NAIRR funding agency, or a
member of the public to report scientific research misconduct
related to resources of the NAIRR.
``(d) System Security and User Access Controls.--The head
of the Program Management Office, acting through the Director
of the Operating Entity and in consultation with the Director
of the Office of Management and Budget, the Director of the
National Institute of Standards and Technology, and the
Director of the Cybersecurity and Infrastructure Security
Agency--
``(1) shall establish minimum security requirements for all
persons interacting with the NAIRR, consistent with the most
recent version of the Cybersecurity Framework, or successor
document, maintained by the National Institute of Standards
and Technology; and
``(2) may establish tiers of security requirements and user
access controls beyond the minimum requirements relative to
security risks.
``(e) Fee Schedule.--
``(1) In general.--The head of the Program Management
Office, acting through the Director of the Operating Entity,
may establish a fee schedule for access to the NAIRR. The
Operating Entity may only charge fees in such fee schedule.
Such fee schedule--
``(A) may differ by type of eligible user and type of
affiliated entity described in subsection (a);
``(B) shall include a free tier of access based on
appropriated funds and anticipated costs and demand;
[[Page S4954]]
``(C) may include cost-based charges for eligible users to
purchase resources of the NAIRR beyond the resources included
in a free or subsidized tier; and
``(D) shall ensure that the primary purpose of the NAIRR is
to support research.
``(2) Retention and use of funds.--
``(A) Retaining of funds.--Notwithstanding section 3302 of
title 31, United States Code, the head of the Program
Management Office may retain fees collected under this
subsection.
``(B) Availability and use of funds.--Amounts retained
under subparagraph (A)--
``(i) shall remain available until expended; and
``(ii) shall be available to the head of the Program
Management Office, without further appropriation, for the
purposes of this title.
``(f) Research Security.--The head of the Program
Management Office, acting through the Director of the
Operating Entity, shall--
``(1) ensure conformance with the requirements of National
Security Presidential Memorandum-33 (relating to supported
research and development national policy), issued January
2021, and its implementation guidance on research security
and research integrity, or any successor policy document or
guidance, by establishing NAIRR operating principles that
emphasize the research integrity principles of openness,
reciprocity, and transparency; and
``(2) designate a member of the leadership team for the
Operating Entity as a research security point of contact with
responsibility for overseeing conformance with the National
Security Presidential Memorandum-33 and its implementation
guidance, or any successor policy document or guidance.
``(g) Open Source.--The head of the Program Management
Office, acting through the Director of the Operating Entity,
shall establish policies to encourage software developed to
administer the NAIRR, and software developed using resources
of the NAIRR, to be open-source software.''.
(b) Conforming Amendments.--The table of contents in
section 2(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3388) is amended by inserting after the
items relating to title LV the following:
``TITLE LVI--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE
``Sec. 5601. Definitions.
``Sec. 5602. Establishment; governance.
``Sec. 5603. Resources of the NAIRR.
``Sec. 5604. NAIRR processes and procedures.''.
______
SA 2617. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1048 and insert the following:
SEC. 1048. PROHIBITION ON USE OF FUNDS FOR RESETTLEMENT IN
THE UNITED STATES OF CERTAIN INDIVIDUALS FROM
THE WEST BANK OR GAZA.
(a) In General.--Except as provided in subsection (b), the
Secretary of Defense may not use any asset, facility, or
installation of the Department of Defense for the transport
or processing of any individual from the West Bank or Gaza
who is not a United States citizen, or who is not the spouse,
parent, or child of a United States citizen, for purposes of
resettlement in the United States.
(b) Exception.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may use assets, facilities, and installations of
the Department to transport and process for resettlement in
the United States an individual described in subsection (a)
who--
(A) is a former employee of the United States Government;
(B) was so employed for a period of not less than two
years; and
(C) maintains documentation demonstrating such employment.
(2) Inapplicability.--Paragraph (1) shall not apply to an
individual described in that paragraph whose employment with
the United States Government was involuntarily terminated.
(c) Reconsideration of Policy.--Not later than five years
after the date of the enactment of this Act, the Secretary
may reconsider the prohibition set forth in subsection (a)
and provide recommendations to Congress on whether to
continue or discontinue such prohibition.
(d) Rule of Construction.--Nothing in this section shall be
interpreted to limit the authority or ability of any other
Federal agency or department from assisting in the
resettlement in the United States of individuals from the
West Bank and Gaza.
______
SA 2618. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 2855 and insert the following:
SEC. 2855. PROHIBITION ON USE OF FUNDS FOR RESETTLEMENT IN
THE UNITED STATES OF CERTAIN INDIVIDUALS FROM
THE WEST BANK OR GAZA.
(a) In General.--Except as provided in subsection (b), the
Secretary of Defense may not use any asset, facility, or
installation of the Department of Defense for the transport
or processing of any individual from the West Bank or Gaza
who is not a United States citizen, or who is not the spouse,
parent, or child of a United States citizen, for purposes of
resettlement in the United States.
(b) Exception.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may use assets, facilities, and installations of
the Department to transport and process for resettlement in
the United States an individual described in subsection (a)
who--
(A) is a former employee of the United States Government;
(B) was so employed for a period of not less than two
years; and
(C) maintains documentation demonstrating such employment.
(2) Inapplicability.--Paragraph (1) shall not apply to an
individual described in that paragraph whose employment with
the United States Government was involuntarily terminated.
(c) Reconsideration of Policy.--Not later than five years
after the date of the enactment of this Act, the Secretary
may reconsider the prohibition set forth in subsection (a)
and provide recommendations to Congress on whether to
continue or discontinue such prohibition.
(d) Rule of Construction.--Nothing in this section shall be
interpreted to limit the authority or ability of any other
Federal agency or department from assisting in the
resettlement in the United States of individuals from the
West Bank and Gaza.
______
SA 2619. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1048.
______
SA 2620. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 2855.
______
SA 2621. Ms. HIRONO (for herself and Mr. Cornyn) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. REPORT ON WILDFIRE FIGHTING CAPABILITIES OF
DEPARTMENT OF DEFENSE IN HAWAII.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report that includes--
(1) an assessment of the wildfire fighting capabilities of
the Department of Defense in Hawaii, including any shortfalls
in firefighting equipment, facilities, training, plans, or
personnel;
(2) an assessment of the wildfire mitigation capabilities
of the Department in Hawaii, including any shortfalls in fuel
breaks, facilities, water storage, or suppression access;
(3) a determination of the feasibility of establishing a
wildfire training institute on O'ahu;
(4) an identification of any additional authorities or
resources required to integrate the capabilities of the
Department with the capabilities of other Federal, State, and
local emergency responders;
(5) an identification of any memoranda or other agreements
between the Department and State, local, Federal, or other
disaster response organizations regarding wildland fire
mitigation, prevention, response, and recovery; and
(6) opportunities for the Department to partner with local
producers or organizations for the purposes of reducing and
managing fuels loads on lands owned by the Department.
[[Page S4955]]
______
SA 2622. Mr. WELCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. ___. MANAGING RISKS RELATING TO MILITARY USE OF
ARTIFICIAL INTELLIGENCE.
(a) Ledger of Use and Deployment.--
(1) In general.--The Secretary of Defense shall create a
ledger of all uses by the Department of Defense of covered
systems.
(2) Requirements.--The ledger created pursuant to paragraph
(1) shall be a structured, indexed database.
(b) Risk Assessment Process.--
(1) In general.--The Secretary shall establish a risk
assessment process that holistically evaluates each unique
deployment or implementation by the Department of a covered
system in the ledger required by such subsection.
(2) Elements.--
(A) In general.--The process required by paragraph (1)
shall, at a minimum, cover matters relating to the following:
(i) Accuracy.
(ii) Cybersecurity.
(iii) Privacy.
(iv) Bias.
(v) Bias towards escalation.
(vi) Deployment span.
(vii) Risk of civilian harm.
(B) Bias towards escalation.--For purposes of subparagraph
(A)(iii), the process shall cover assessment of bias relating
to whether technology ever deescalates conflict situations.
(C) Deployment span.--For purposes of subparagraph (A)(v),
the process shall address changes in risk levels based on
whether covered systems are deployed singularly or in
clusters or swarms.
(3) Annual assessments.--The Secretary shall ensure that
the process required by paragraph (1) requires reevaluation
of each covered system included in the ledger required by
subsection (a)--
(A) not less frequently than annually; and
(B) whenever--
(i) the underlying foundation artificial intelligence model
receives an update that notably shifts the capabilities of
the covered system; and
(ii) the Department procures any covered system that has
not previously been evaluated by the process.
(c) Annotations Regarding Exports.--The Secretary shall
annotate in the ledger required by subsection (a) when--
(1) a covered system developed or owned by the Department
is shared with a foreign country, exported to a foreign
country, or used by any foreign person or government; and
(2) such sharing, exporting, or use presents additional
risk covered by the risk assessment process required by
subsection (b).
(d) Submittal to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to
Congress the following:
(A) The ledger required by subsection (a).
(B) A report on the findings of the Secretary with respect
to the risk assessments conducted pursuant to the risk
assessment process established under subsection (b).
(C) The annotations made under subsection (c).
(2) Form.--Submittal pursuant to paragraph (1) shall be, to
the fullest extent possible, in unclassified form, but may
include a classified annex to the degree the Secretary
considers necessary.
(3) Public availability.--The Secretary shall make
available to the public the unclassified portion of the
submittal under paragraph (1).
(e) Covered System Defined.--In this section, the term
``covered system'' includes the following systems that are
enabled by artificial intelligence:
(1) A weapon system.
(2) A targeting system.
(3) A decision support system that aids a system described
in paragraph (1) or (2).
______
SA 2623. Mr. FETTERMAN (for himself and Mr. Casey) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. INCREASE IN MILITARY LEAVE ACCRUAL AND ACCUMULATION
FOR FEDERAL EMPLOYEES.
Section 6323(a)(1) of title 5, United States Code, is
amended, in the second sentence, by striking ``15 days'' each
place that term appears and inserting ``20 days''.
______
SA 2624. Mr. FETTERMAN (for himself and Ms. Ernst) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10_____. PROHIBITION ON CERTAIN EXPORTS.
(a) In General.--The Energy Policy and Conservation Act is
amended by inserting after section 163 (42 U.S.C. 6243) the
following:
``SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
``(a) In General.--The Secretary shall prohibit the export
or sale of petroleum products drawn down from the Strategic
Petroleum Reserve, under any provision of law, to--
``(1) the People's Republic of China;
``(2) the Democratic People's Republic of Korea;
``(3) the Russian Federation;
``(4) the Islamic Republic of Iran;
``(5) the Bolivarian Republic of Venezuela;
``(6) the Syrian Arab Republic;
``(7) the Republic of Cuba; and
``(8) any entity owned, controlled, or influenced by--
``(A) a country referred to in any of paragraphs (1)
through (7); or
``(B) the Chinese Communist Party.
``(b) Waiver.--The Secretary may issue a waiver of the
prohibition described in subsection (a) if the Secretary
certifies that any export or sale authorized pursuant to the
waiver is in the national security interests of the United
States.
``(c) Rule.--Not later than 60 days after the date of
enactment of the Banning Oil Exports to Foreign Adversaries
Act, the Secretary shall issue a rule to carry out this
section.''.
(b) Conforming Amendments.--
(1) Drawdown and sale of petroleum products.--Section
161(a) of the Energy Policy and Conservation Act (42 U.S.C.
6241(a)) is amended by inserting ``and section 164'' before
the period at the end.
(2) Clerical amendment.--The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
``Sec. 164. Prohibition on certain exports.''.
______
SA 2625. Ms. STABENOW (for herself, Mr. Brown, and Mr. Peters)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3123. SENSE OF CONGRESS REGARDING DEVELOPMENT OF STORAGE
FACILITIES FOR PERMANENT STORAGE OF NUCLEAR
MATERIAL WITHIN THE GREAT LAKES BASIN.
It is the sense of Congress that the Government of the
United States and the Government of Canada should not develop
storage facilities for the permanent storage of spent nuclear
fuel, low-level or high-level nuclear waste, or military-
grade nuclear material within the Great Lakes Basin.
______
SA 2626. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPORTING ON END STRENGTH RATIONALES.
Section 115a of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``to the Committees on Armed Services of the Senate
and the House of Representatives, and make available to any
Member upon request,''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2) The justification and explanation required by
paragraph (1) shall include the following:
``(A) An assessment of the most important threats facing
the United States by regional command and how personnel end
strength level requests address those specific threats.
``(B) The rationale for recommended increases or decreases
in active, reserve, and
[[Page S4956]]
civilian personnel for each component of the Department of
Defense.
``(C) The rationale for recommended increases or decreases
in active, reserve, and civilian personnel for each of the
regional combatant commands.
``(D) The primary functions or missions of military and
civilian personnel in each regional combatant command.
``(E) An assessment of any areas in which decreases in
active, reserve, or civilian personnel would not result in a
decrease in readiness.
``(F) The actual end strength number for each armed force
for the prior fiscal year, compared to authorized end
strength levels.
``(G) The shortfall in recruiting by each armed force as a
percentage, as appropriate.
``(H) The number of applicants who were found to be
ineligible for service by the Department in the prior fiscal
year as a result of current enlistment standards,
disaggregated by armed force and reason for
disqualification.''.
______
SA 2627. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF CONGRESS ON GROUND-BASED LEG OF NUCLEAR
TRIAD.
It is the sense of Congress that--
(1) the modernization of the ground-based leg of the
nuclear triad of the United States is vital to the security
of the homeland and a core component of the homeland defense
mission;
(2) extending the lifecycle of the current Minuteman III
platform is both costly and an unsustainable long-term option
for maintaining a ready and capable ground-based leg of the
nuclear triad;
(3) the breach of chapter 325 of title 10, United States
Code (commonly known as the ``Nunn-McCurdy Act'') by the
program to modernize the ground-based leg of the nuclear
triad should be addressed in a way that balances the national
security need with fiscally responsible modifications to the
program that prevent future unanticipated cost overruns;
(4) that breach does not alter the fundamental national
security need for the modernization program; and
(5) the modernization program should remain funded and
active.
______
SA 2628. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR
THE INDO-PACIFIC REGION.
(a) Sense of Congress.--It is the sense of Congress that
the United States Government should--
(1) prioritize the review of excess defense article
transfers to Indo-Pacific allies and partners;
(2) coordinate and align excess defense article transfers
with capacity building efforts of Indo-Pacific allies and
partners; and
(3) assist Taiwan to develop asymmetric capability through
excess defense article transfers under section 516(c)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).
(b) Plan Required.--Not later than February 15, 2025, and
annually thereafter, the Secretary of Defense, in
coordination with the Secretary of State, shall submit a
report to the congressional defense committees on planned
future activities and the resources needed to accomplish the
purposes described in subsection (a) that includes--
(1) a summary of the progress made towards achieving the
purposes described in subsection (a); and
(2) an evaluation of potential excess defense articles
scheduled for decommissioning that could be transferred under
the Excess Defense Articles program administered by the
Defense Security Cooperation Agency to allies and partners,
including Taiwan regarding its asymmetric capability
development.
______
SA 2629. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONSTRUCTION OF NAVAL VESSELS IN SHIPYARDS IN NORTH
ATLANTIC TREATY ORGANIZATION COUNTRIES.
Section 8679 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Construction of Naval Vessels in Shipyards in NATO
Countries.--The Secretary of the Navy may construct a naval
vessel in a foreign shipyard if--
``(1) the shipyard is located within the boundaries of a
member country of the North Atlantic Treaty Organization; and
``(2) the cost of construction of such vessel in such
shipyard will be less than the cost of construction of such
vessel in a domestic shipyard.''.
______
SA 2630. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REPEAL OF LIMITATION ON WITHDRAWAL FROM NATO.
Section 1250a of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) is repealed.
______
SA 2631. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. CURBING UNFUNDED REQUIREMENTS.
(a) Short Title.--This section may be cited as the ``Cull
Unfunded Requirement Budget Act'' or the ``CURB Act''.
(b) Budget Neutral Wish Lists.--
(1) Budget neutral proposals.--Section 222a(c) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(4) Prioritization of offsets.--Each report shall specify
offsets for the total amount of spending proposed under
paragraph (1) that would be available for the same time
period as the funding requested. Any proposed offsets shall
include the following:
``(A) A summary description of the offset.
``(B) The amount of funds recommended to be offset in
connection with subparagraph (A).
``(C) Account information with respect to each offset,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable research,
development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable operation
and maintenance accounts.''.
(2) Budget neutral proposals.--Section 222b(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) Prioritization of offsets.--Each report shall specify
offsets for the total amount of spending proposed in
paragraph (1) that would be available for the same time
period as the funding requested. Any proposed offsets shall
include the following:
``(A) A summary description of such offset.
``(B) The amount of funds recommended to be offset in
connection with subparagraph (A).
``(C) Account information with respect to each offset,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable research,
development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable operation
and maintenance accounts.''.
(c) Transparency.--
(1) Public reporting.--Section 222a of title 10, United
States Code, is amended--
(A) by redesignating subsection (e) as subsection (f); and
(B) by inserting after subsection (d) the following new
subsection:
``(e) Public Reporting.--Not later than 5 days after
submitting the report required under subsection (a), each
officer specified in subsection (b) shall post the report on
a publicly available website in machine-readable form.''.
(2) Public reporting.--Section 222b of title 10, United
States Code, is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection:
[[Page S4957]]
``(c) Public Reporting.--Not later than 5 days after
submitting the report required under subsection (a), the
Director shall post the report on a publicly available
website in machine-readable form.''.
______
SA 2632. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SPECTRUM VALUATION AND AUDIT.
(a) Estimate of Value of Electromagnetic Spectrum.--
(1) In general.--Part A of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
901 et seq.) is amended--
(A) by redesignating section 105 (47 U.S.C. 904) as section
106; and
(B) by inserting after section 104 (47 U.S.C. 903) the
following:
``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.
``(a) Definitions.--In this section--
``(1) the term `covered band' means the band of frequencies
between 3 kilohertz and 95 gigahertz;
``(2) the term `Federal entity' has the meaning given the
term in section 113(l); and
``(3) the term `OMB' means the Office of Management and
Budget.
``(b) Estimates Required.--The Assistant Secretary, in
consultation with the Commission and OMB, shall estimate the
value of electromagnetic spectrum in the covered band that is
assigned or otherwise allocated to each Federal entity as of
the date of the estimate, in accordance with the schedule
under subsection (c).
``(c) Schedule.--The Assistant Secretary shall conduct the
estimates under subsection (b) for the frequencies between--
``(1) 3 kilohertz and 33 gigahertz not later than 1 year
after the date of enactment of this section, and every 3
years thereafter;
``(2) 33 gigahertz and 66 gigahertz not later than 2 years
after the date of enactment of this section, and every 3
years thereafter; and
``(3) 66 gigahertz and 95 gigahertz not later than 3 years
after the date of enactment of this section, and every 3
years thereafter.
``(d) Basis for Estimate.--
``(1) In general.--The Assistant Secretary shall base each
value estimate under subsection (b) on the value that the
electromagnetic spectrum would have if the spectrum were
reallocated for the use with the highest potential value of
licensed or unlicensed commercial wireless services that do
not have access to that spectrum as of the date of the
estimate.
``(2) Consideration of government capabilities.--In
estimating the value of spectrum under subsection (b), the
Assistant Secretary may consider the spectrum needs of
commercial interests while preserving the spectrum access
necessary to satisfy mission requirements and operations of
Federal entities.
``(3) Dynamic scoring.--To the greatest extent practicable,
the Assistant Secretary shall incorporate dynamic scoring
methodology into the value estimate under subsection (b).
``(4) Disclosure.--
``(A) In general.--Subject to subparagraph (B), the
Assistant Secretary shall publicly disclose how the Assistant
Secretary arrived at each value estimate under subsection
(b), including any findings made under paragraph (2) of this
subsection.
``(B) Classified, law enforcement-sensitive, and
proprietary information.--If any information involved in a
value estimate under subsection (b), including any finding
made under paragraph (2) of this subsection, is classified,
law enforcement-sensitive, or proprietary, the Assistant
Secretary--
``(i) may not publicly disclose the classified, law
enforcement-sensitive, or proprietary information; and
``(ii) shall make the classified, law enforcement-
sensitive, or proprietary information available to any Member
of Congress, upon request, in a classified annex.
``(e) Agency Report on Value of Electromagnetic Spectrum.--
A Federal entity that has been assigned or otherwise
allocated use of electromagnetic spectrum within the covered
band shall report the value of the spectrum as most recently
estimated under subsection (b)--
``(1) in the budget of the Federal entity to be included in
the budget of the United States Government submitted by the
President under section 1105 of title 31, United States Code;
and
``(2) in the annual financial statement of the Federal
entity required to be filed under section 3515 of title 31,
United States Code.''.
(2) Technical and conforming amendments.--Section 103(b) of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(b)) is
amended--
(A) in paragraph (1), by striking ``section 105(d)'' and
inserting ``section 106(d)''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``section 105(d)'' and inserting ``section
106(d)''.
(b) Department of Defense Spectrum Audit.--
(1) Definitions.--In this subsection--
(A) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(B) the term ``Department'' means the Department of
Defense; and
(C) the term ``Federal entity'' has the meaning given the
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(l)).
(2) Audit and report.--Not later than 18 months after the
date of enactment of this Act, the Assistant Secretary, in
consultation with the Secretary of Defense, shall--
(A) conduct an audit of the electromagnetic spectrum that
is assigned or otherwise allocated to the Department as of
the date of the audit; and
(B) submit to Congress, and make available to each Member
of Congress upon request, a report containing the results of
the audit conducted under subparagraph (A).
(3) Contents of report.--The Assistant Secretary shall
include in the report submitted under paragraph (2)(B), with
respect to the electromagnetic spectrum that is assigned or
otherwise allocated to the Department as of the date of the
audit--
(A) each particular band of spectrum being used by the
Department;
(B) a description of each purpose for which a particular
band described in subparagraph (A) is being used, and how
much of the band is being used for that purpose;
(C) the State or other geographic area in which a
particular band described in subparagraph (A) is assigned or
allocated for use;
(D) whether a particular band described in subparagraph (A)
is used exclusively by the Department or shared with another
Federal entity or a non-Federal entity; and
(E) any portion of the spectrum that is not being used by
the Department.
(4) Form of report.--The report required under paragraph
(2)(B) shall be submitted in unclassified form but may
include a classified annex.
______
SA 2633. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. LIMITATIONS ON STATUS OF FORCES AGREEMENTS AND
MILITARY CONSTRUCTION PROJECTS IN CERTAIN
FOREIGN COUNTRIES.
(a) In General.--Notwithstanding any other provision of
law, until the date described in subsection (b)--
(1) the Secretary of Defense may not carry out a military
construction project in a foreign country with which the
United States maintains a status of forces agreement (other
than a project related to housing or the provision of medical
services for members of the Armed Forces); and
(2) the Secretary of State and the Secretary of Defense may
not enter into, renew, or amend a status of forces agreement.
(b) Date Described.--The date described in this subsection
is the date on which the Secretary of State, in coordination
with the Secretary of Defense, completes the review of
protection and legal preparedness for members of the Armed
Forces abroad required by section 1229 of National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31;
137 Stat. 456; 10 U.S.C. note prec. 2001).
______
SA 2634. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. ___. TRANSPARENCY FOR 2001 AUTHORIZATION FOR USE OF
MILITARY FORCE.
Not later than 90 days after the date of the enactment of
this Act, and annually thereafter, the President shall
publish a declassified list of nations, organizations, or
persons the United States is using force against or
authorized to use force against pursuant to section 2(a) of
the Authorization for Use of Military Force (Public Law 107-
40; 115 Stat. 224; 50 U.S.C. 1541 note) (commonly known as
the ``2001 AUMF'').
______
SA 2635. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal
[[Page S4958]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. MODIFICATION OF PRESIDENTIAL DRAWDOWN AUTHORITY.
Section 506(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2318(a)) is amended--
(1) in paragraph (1), in the undesignated matter following
subparagraph (B)--
(A) by striking ``he may direct,'' and inserting ``the
President may direct, subject to paragraph (4),''; and
(B) by inserting ``, except as provided in paragraph (5)''
after ``fiscal year''; and
(2) by adding at the end the following new paragraphs:
``(4)(A) The President may direct the drawdown of defense
articles, defense services, and military education and
training under paragraph (1) only during the 20-day period
beginning on the date on which the President reports to
Congress that an unforeseen emergency exists under such
paragraph.
``(B) The authority to deliver defense articles, defense
services, and military education and training pursuant to a
drawdown directed under paragraph (1) shall expire at the end
of the fiscal year in which the drawdown was directed.
``(5)(A) The President may direct the drawdown of defense
articles, defense services, and military education and
training under paragraph (1) of an aggregate value that would
exceed $100,000,000 in a fiscal year if--
``(i) the President submits to Congress--
``(I) a request for authorization to direct such a drawdown
of an aggregate value that exceeds $100,000,000 for that
fiscal year; and
``(II) a report that an unforeseen emergency exists, in
accordance with paragraph (1);
``(ii) after the submission of such request and report,
there is enacted a joint resolution or other provision of law
approving the authorization requested; and
``(iii) Congress has authorized appropriations in a
specific amount sufficient to replenish the aggregate value
of the proposed drawdown.
``(B)(i) Each request submitted under subparagraph (A)(i)
may request authorization to direct a drawdown under
paragraph (1) for only one intended recipient country.
``(ii) A resolution or other provision of law described in
subparagraph (A)(ii) may approve a request for authorization
to direct a drawdown under paragraph (1) for only one
intended recipient country.
``(6)(A) Any resolution described in paragraph (5)(A)(ii)
may be considered by Congress using the expedited procedures
set forth in this paragraph.
``(B) For purposes of this paragraph, the term `resolution'
means only a joint resolution of the two Houses of Congress--
``(i) the title of which is as follows: `A joint resolution
approving the use of the special authority provided by
section 506(a)(1) of the Foreign Assistance Act of 1961 in
excess of the fiscal year limitation.';
``(ii) which does not have a preamble; and
``(iii) the sole matter after the resolving clause of which
is as follows: `The proposed use of the special authority
provided by section 506(a)(1) of the Foreign Assistance Act
of 1961 in excess of the fiscal year limitation, to respond
to the unforeseen emergency in ________________, which was
received by Congress on __________ (Transmittal number), is
authorized', with the name of the intended recipient country
and transmittal number inserted.
``(C) A resolution described in subparagraph (B) that is
introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate. A resolution described in
subparagraph (B) that is introduced in the House of
Representatives shall be referred to the Committee on Foreign
Affairs of the House of Representatives.
``(D) If the committee to which a resolution described
subparagraph (B) is referred has not reported such resolution
(or an identical resolution) by the end of 10 calendar days
beginning on the date of introduction, such committee shall
be, at the end of such period, discharged from further
consideration of such resolution, and such resolution shall
be placed on the appropriate calendar of the House involved.
``(E)(i) On or after the third calendar day after the date
on which the committee to which such a resolution is referred
has reported, or has been discharged (under subparagraph (D))
from further consideration of, such a resolution, it is in
order for any Member of the respective House to move to
proceed to the consideration of the resolution. All points of
order against the resolution (and against consideration of
the resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the resolution is agreed to, the
respective House shall immediately proceed to consideration
of the joint resolution without intervening motion, order, or
other business, and the resolution shall remain the
unfinished business of the respective House until disposed
of.
``(ii) Debate on the resolution, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally
between those favoring and those opposing the resolution. An
amendment to the resolution is not in order. A motion further
to limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not
in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in order.
``(iii) Immediately following the conclusion of the debate
on the resolution and a single quorum call at the conclusion
of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the
resolution shall occur.
``(iv) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution shall be decided without debate.
``(F)(i) If, before passage by one House of a resolution of
that House described in subparagraph (B), that House receives
from the other House a resolution described in subparagraph
(B), then the following procedures shall apply:
``(I) The resolution of the other House shall not be
referred to a committee.
``(II) The consideration as described in subparagraph (E)
in that House shall be the same as if no resolution had been
received from the other House, but the vote on final passage
shall be on the resolution of the other House.
``(ii) Upon disposition of the resolution received from the
other House, it shall no longer be in order to consider the
resolution that originated in the receiving House.
``(G) This paragraph is enacted by Congress--
``(i) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
it is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a resolution described
in subparagraph (B), and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
``(ii) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``(7) In this subsection, the term `unforeseen emergency'
means a direct kinetic attack--
``(A) on a bilateral or multilateral treaty ally of the
United States, undetected or reasonably unforeseen by United
States intelligence assessments, by an adversary of the
United States; and
``(B) that poses a direct or imminent threat to United
States security interests, as outlined in the most recent
national defense strategy of the United States.''.
______
SA 2636. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. TERMINATION OF DESIGNATION OF RUSSIAN INVASION OF
UKRAINE AS AN UNFORESEEN EMERGENCY UNDER
SECTION 506(A)(1) OF THE FOREIGN ASSISTANCE ACT
OF 1961.
Beginning on the date of the enactment of this Act, the
President may not designate the Russian invasion of Ukraine,
which began in February 2022, as an unforeseen emergency for
purposes of section 506(a)(1) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2318(a)(1)).
______
SA 2637. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. ___. REPORT DEFINING THE MISSION IN UKRAINE.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the President, in coordination
with the Secretary of Defense and the Secretary of State,
shall develop and submit to Congress a comprehensive report
that contains a strategy for United States involvement in
Ukraine.
(b) Elements.--The report required by subsection (a)
shall--
(1) define the United States national interests at stake
with respect to the conflict between the Russian Federation
and Ukraine;
(2) identify specific objectives the President believes
must be achieved in Ukraine in order to protect the United
States national interests defined in paragraph (1), and for
each objective--
[[Page S4959]]
(A) an estimate of the amount of time required to achieve
the objective, with an explanation;
(B) benchmarks to be used by the President to determine
whether an objective has been met, is in the progress of
being met, or cannot be met in the time estimated to be
required in subparagraph (A); and
(C) estimates of the amount of resources, including United
States personnel, materiel, and funding, required to achieve
the objective;
(3) list the expected contribution for security assistance
made by European member countries of the North Atlantic
Treaty Organization within the next fiscal year; and
(4) provide an assessment of the impact of the Russian
Federation's dominance of the natural gas market in Europe on
the ability to resolve the ongoing conflict with Ukraine.
(c) Requirements for Strategy.--The strategy included in
the report required under subsection (a)--
(1) shall be designed to achieve a cease-fire in which the
Russian Federation and Ukraine agree to abide by the terms
and conditions of such cease-fire; and
(2) may not be contingent on United States involvement of
funding of Ukrainian reconstruction.
(d) Form.--The report required by subsection (a)--
(1) shall be submitted in an unclassified form; and
(2) shall include a classified annex if necessary to
provide the most holistic picture of information to Congress
as required under this section.
(e) Congress Defined.--In this section, the term
``Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate;
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(3) any Member of Congress upon request.
______
SA 2638. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. ___. TWO-YEAR TIME LIMIT FOR AUTHORIZATIONS FOR USE OF
MILITARY FORCE.
(a) In General.--Any law authorizing the use of military
force that is enacted on or after the date of the enactment
of this Act shall terminate two years after the date of the
enactment of such law unless a joint resolution of extension
is enacted pursuant to subsection (b) extending such
authority prior to such termination date.
(b) Consideration of Joint Resolution of Extension.--
(1) Joint resolution of extension defined.--In this
subsection, the term ``joint resolution of extension'' means
only a joint resolution of either House of Congress--
(A) the title of which is as follows: ``A joint resolution
extending the [_________] for a two-year period beginning on
the date of the enactment of this joint resolution.'', with
the blank being filled with the title of the law authorizing
the use of military force that is being extended pursuant to
subsection (a); and
(B) the sole matter after the resolving clause of which is
the following: ``Congress extends the authority for the use
of military force provided under [_________] for a two-year
period beginning on the date of the enactment of this joint
resolution.'', with the blank being filled with the title of
the law authorizing the use of military force that is being
extended pursuant to subsection (a).
(2) Introduction.--A joint resolution of extension may be
introduced by any member of Congress.
(3) Floor consideration in house of representatives.--If a
committee of the House of Representatives to which a joint
resolution of extension has been referred has not reported
the joint resolution within 10 calendar days after the date
of referral, that committee shall be discharged from further
consideration of the joint resolution.
(4) Consideration in the senate.--
(A) Committee referral.--A joint resolution of extension
introduced in the Senate shall be referred to the Committee
on Foreign Relations.
(B) Reporting and discharge.--If the Committee on Foreign
Relations has not reported the joint resolution within 10
calendar days after the date of referral of the joint
resolution, that committee shall be discharged from further
consideration of the joint resolution and the joint
resolution shall be placed on the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at any
time after the Committee of Foreign Relations reports a joint
resolution of extension to the Senate or has been discharged
from consideration of such a joint resolution (even though a
previous motion to the same effect has been disagreed to) to
move to proceed to the consideration of the joint resolution,
and all points of order, excluding budgetary points of order,
against the joint resolution (and against consideration of
the joint resolution) 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.
(D) 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 a joint resolution of extension shall be decided
without debate.
(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
extension, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(5) Rules relating to senate and house of
representatives.--
(A) Treatment of senate joint resolution in house.--In the
House of Representatives, the following procedures shall
apply to a joint resolution of extension received from the
Senate (unless the House has already passed a joint
resolution relating to the same proposed action):
(i) The joint resolution shall be referred to the
appropriate committees.
(ii) If a committee to which a joint resolution has been
referred has not reported the joint resolution within 2
calendar days after the date of referral, that committee
shall be discharged from further consideration of the joint
resolution.
(iii) Beginning on the third legislative day after each
committee to which a joint resolution has been referred
reports the joint resolution to the House or has been
discharged from further consideration thereof, it shall be in
order to move to proceed to consider the joint resolution in
the House. All points of order against the motion are waived.
Such a motion shall not be in order after the House has
disposed of a motion to proceed on the joint resolution. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote by
which the motion is disposed of shall not be in order.
(iv) The joint resolution shall be considered as read. All
points of order, excluding budgetary points of order, against
the joint resolution and against its consideration are
waived. The previous question shall be considered as ordered
on the joint resolution to final passage without intervening
motion except 2 hours of debate equally divided and
controlled by the sponsor of the joint resolution (or a
designee) and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
(B) Treatment of house joint resolution in senate.--
(i) If, before the passage by the Senate of a joint
resolution of extension, the Senate receives an identical
joint resolution from the House of Representatives, the
following procedures shall apply:
(I) That joint resolution shall not be referred to a
committee.
(II) With respect to that joint resolution--
(aa) the procedure in the Senate shall be the same as if no
joint resolution had been received from the House of
Representatives; but
(bb) the vote on passage shall be on the joint resolution
from the House of Representatives.
(ii) If, following passage of a joint resolution of
extension in the Senate, the Senate receives an identical
joint resolution from the House of Representatives, that
joint resolution shall be placed on the appropriate Senate
calendar.
(iii) If a joint resolution of extension is received from
the House, and no companion joint resolution has been
introduced in the Senate, the Senate procedures under this
subsection shall apply to the House joint resolution.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
______
SA 2639. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. ___. TAIWAN WAR POWERS.
Nothing in this Act may be construed as an authorization
for the use of military force against the People's Republic
of China. Such
[[Page S4960]]
action in support of Taiwan may only occur with the express
authorization of Congress consistent with requirements set
forth in the War Powers Act.
______
SA 2640. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. ___. PROHIBITION ON USE OF FORCE AGAINST THE RUSSIAN
FEDERATION.
(a) No Authority for Use of Force.--No provision of law
enacted before the date of the enactment of this Act may be
construed to provide authorization for the use of military
force against the Russian Federation.
(b) Prohibition on Funding for Use of Military Force
Against the Russian Federation.--
(1) In general.-- No Federal funds may be made available
for the use of military force in or against the Russian
Federation unless--
(A) Congress has declared war; or
(B) there is enacted specific statutory authorization for
such use of military force that meets the requirements of the
War Powers Resolution (50 U.S.C. 1541 et seq.).
(2) Commander-in-chief exception.--The prohibition under
paragraph (1) does not apply to a use of military force that
is consistent with section 2(c) of the War Powers Resolution
(50 U.S.C. 1541(c)).
(c) Rules of Construction.--Nothing in this section may be
construed--
(1) to prevent the President from using necessary and
appropriate force to defend United States allies and partners
if Congress enacts specific statutory authorization for such
use of force consistent with the requirements of the War
Powers Resolution (50 U.S.C. 1541 et seq.);
(2) to relieve the executive branch of restrictions on the
use of force, reporting, or consultation requirements set
forth in the War Powers Resolution (50 U.S.C. 1541 et seq.);
or
(3) to authorize the use of military force.
(d) Scope of Military Force.--In this section, the term
``military force''--
(1) includes--
(A) sharing intelligence with Ukraine for the purpose of
enabling offensive strikes against the Russian Federation;
(B) providing logistical support to Ukraine for offensive
strikes against the Russian Federation; and
(C) any situation involving any use of lethal or
potentially lethal force by United States forces against
Russian forces, irrespective of the domain, whether such
force is deployed remotely, or the intermittency thereof; and
(2) does not include activities undertaken pursuant to
section 503 of the National Security Act of 1947 (50 U.S.C.
3093).
______
SA 2641. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In title V, strike subtitle J.
______
SA 2642. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EX OFFICIO MEMBERS OF SELECT COMMITTEE ON
INTELLIGENCE OF THE SENATE.
(a) Membership.--Section 2(a)(3) of Senate Resolution 400
(94th Congress), agreed to May 19, 1976, is amended to read
as follows:
``(3) Each Member of the Senate (if not already a member of
the select committee) shall be an ex officio member of the
select committee but shall have no vote in the select
committee and shall not be counted for purposes of
determining a quorum.''.
(b) Conforming Amendment.--Rule XXV of the Standing Rules
of the Senate is amended--
(1) in paragraph 3(b), in the item relating to the Select
Committee on Intelligence, by striking ``19'' and inserting
``100''; and
(2) in paragraph 4(a)(2), by striking ``each Senator'' and
all that follows, and inserting ``a Senator may not serve on
both the Special Committee on Aging and the Joint Economic
Committee.''.
(c) Rulemaking.--This section is enacted--
(1) as an exercise of the rulemaking power of the Senate
and as such it is deemed a part of the rules of the Senate
and it supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
______
SA 2643. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In title V, strike subtitle J and insert the following:
Subtitle J--Limitations on Selective Service System
SEC. 598. SEPARATE VOTE REQUIREMENT FOR INDUCTION OF MEN AND
WOMEN.
(a) Findings.--Congress makes the following findings:
(1) Clause 12 of section 8 of article I of the Constitution
of the United States empowers Congress with the
responsibility to ``raise and support Armies''.
(2) The United States first required military conscription
in the American Civil War under the Civil War Military Draft
Act of 1863.
(3) The Selective Services Act of 1917 authorized the
President to draft additional forces beyond the volunteer
force to support exceedingly high demand for additional
forces when the U.S. entered the first World War.
(4) The Selective Training and Service Act of 1940 was the
first authorization by Congress for conscription in peacetime
but limited the President's induction authority to ``no
greater number of men than the Congress shall hereafter make
specific appropriation for from time to time''.
(5) Congress allowed induction authority to lapse in 1947.
(6) Congress reinstated the President's induction authority
under the Selective Service Act of 1948 to raise troops for
United States participation in the Korean War.
(7) Congress maintained the President's induction authority
under the Selective Service Act of 1948 through the beginning
of the Vietnam War.
(8) Congress passed additional reforms to the draft under
the Military Selective Service Act of 1967 in response to
issues arising from United States engagement in the Vietnam
War.
(9) Congress prohibited any further use of the draft after
July 1, 1973.
(10) If a president seeks to reactivate the use of the
draft, Congress would have to enact a law providing
authorization for this purpose
(b) Amendment.--Section 17 of the Military Selective
Service Act (50 U.S.C. 3815) is amended by adding at the end
the following new subsection:
``(d) No person shall be inducted for training and service
in the Armed Forces unless Congress first passes and there is
enacted--
``(1) a law expressly authorizing such induction into
service; and
``(2) a law authorizing separately--
``(A) the number of male persons subject to such induction
into service; and
``(B) the number of female persons subject to such
induction into service.''.
SEC. 599. LIMITATION ON INDUCTION INTO SERVICE OF BOTH
PARENTS OF A DEPENDENT CHILD.
Section 6 of the Military Selective Service Act (50 U.S.C.
3806) is amended by adding at the end the following new
subsection:
``(p) No person may be inducted for training and service
under this title if such person--
``(1) has a dependent child and the other parent of the
dependent child has been inducted for training or service
under this title unless the person volunteers for such
induction; or
``(2) has a dependent child who has no other living
parent.''.
______
SA 2644. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. EXCEPTION TO RESTRICTION ON CONSTRUCTION OF COAST
GUARD VESSELS IN FOREIGN SHIPYARDS FOR CERTAIN
CONSTRUCTION IN SHIPYARDS IN NORTH ATLANTIC
TREATY ORGANIZATION MEMBER COUNTRIES.
(a) In General.--Section 1151 of title 14, United States
Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
[[Page S4961]]
(2) by adding at the end the following new subsection:
``(c)(1) Subsection (a) shall not apply with respect to
construction otherwise covered by that subsection if--
``(A) the foreign shipyard concerned is located in--
``(i) a North Atlantic Treaty Organization member country;
or
``(ii) a country in the Indo-Pacific region that is party
to a mutual defense treaty with United States; and
``(B) the cost of the construction concerned is less than
the cost would be if such construction occurred in a domestic
shipyard.
``(2) Before the construction of a Coast Guard vessel, or a
major component of the hull or superstructure of a Coast
Guard vessel, may commence at a foreign shipyard under this
subsection, the Commandant shall submit to Congress a
certification that the foreign shipyard is not owned or
operated by a Chinese company or a multinational company
domiciled in the People's Republic of China.''.
(b) Conforming Amendment.--Section 8679(a) of title 10,
United States Code, is amended by inserting ``and section
1151(c) of title 14'' after ``in subsection (b)''.
______
SA 2645. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle I of title V, insert
the following:
SEC. __. MILITARY PERSONNEL: RECRUITING; MERIT-BASED
DETERMINATIONS.
(a) Recruiting.--Not later than September 30, 2025, the
Secretary of Defense shall prescribe regulations that any
effort to recruit an individual to serve in a covered Armed
Force, or contracted entity, may not take into account the
race or gender of such individual.
(b) Merit-based Determinations.--Not later than September
30, 2025, the Secretary of Defense shall prescribe
regulations that, with regards to a military accession,
assignment, selection, or promotion--
(1) a determination shall be made on the basis of merit in
order to advance those individuals who exhibit the talent and
abilities necessary to promote the national security of the
United States;
(2) a candidate shall be evaluated on the bases of
qualifications, performance, integrity, fitness, training,
and conduct;
(3) no determination may be based on favoritism or
nepotism;
(4) no quota, goal, metric, objective, or other similar
means of measurement may be used; and
(5) no covered element may track race and sex for any
personnel or programs within those entities.
(c) Definitions.--In this section:
(1) Covered armed force.--The term ``covered Armed Force''
means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(F) Special Operations Command.
(G) Entities within the Department of Homeland Security, to
include the United States Coast Guard.
(H) The Department of Defense, or any other organization
within the command structure.
(2) Contracted entity.--The term ``contracted entity''
includes any organization on any contract or sub-contract
with the Department of Defense, a covered Armed Force, or
associated entity.
______
SA 2646. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Safeguard American Voter Eligibility
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Safeguard American
Voter Eligibility Act'' or the ``SAVE Act''.
SEC. 1097. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN
ELECTIONS FOR FEDERAL OFFICE.
(a) Definition of Documentary Proof of United States
Citizenship.--Section 3 of the National Voter Registration
Act of 1993 (52 U.S.C. 20502) is amended--
(1) by striking ``As used'' and inserting ``(a) In
General.--As used''; and
(2) by adding at the end the following:
``(b) Documentary Proof of United States Citizenship.--As
used in this Act, the term `documentary proof of United
States citizenship' means, with respect to an applicant for
voter registration, any of the following:
``(1) A form of identification issued consistent with the
requirements of the REAL ID Act of 2005 that indicates the
applicant is a citizen of the United States.
``(2) A valid United States passport.
``(3) The applicant's official United States military
identification card, together with a United States military
record of service showing that the applicant's place of birth
was in the United States.
``(4) A valid government-issued photo identification card
issued by a Federal, State or Tribal government showing that
the applicant's place of birth was in the United States.
``(5) A valid government-issued photo identification card
issued by a Federal, State or Tribal government other than an
identification described in paragraphs (1) through (4), but
only if presented together with one or more of the following:
``(A) A certified birth certificate issued by a State, a
unit of local government in a State, or a Tribal government
which--
``(i) was issued by the State, unit of local government, or
Tribal government in which the applicant was born;
``(ii) was filed with the office responsible for keeping
vital records in the State;
``(iii) includes the full name, date of birth, and place of
birth of the applicant;
``(iv) lists the full names of one or both of the parents
of the applicant;
``(v) has the signature of an individual who is authorized
to sign birth certificates on behalf of the State, unit of
local government, or Tribal government in which the applicant
was born;
``(vi) includes the date that the certificate was filed
with the office responsible for keeping vital records in the
State; and
``(vii) has the seal of the State, unit of local
government, or Tribal government that issued the birth
certificate.
``(B) An extract from a United States hospital Record of
Birth created at the time of the applicant's birth which
indicates that the applicant's place of birth was in the
United States.
``(C) A final adoption decree showing the applicant's name
and that the applicant's place of birth was in the United
States.
``(D) A Consular Report of Birth Abroad of a citizen of the
United States or a certification of the applicant's Report of
Birth of a United States citizen issued by the Secretary of
State.
``(E) A Naturalization Certificate or Certificate of
Citizenship issued by the Secretary of Homeland Security or
any other document or method of proof of United States
citizenship issued by the Federal Government pursuant to the
Immigration and Nationality Act.
``(F) An American Indian Card issued by the Department of
Homeland Security with the classification `KIC'.''.
(b) In General.--Section 4 of the National Voter
Registration Act of 1993 (52 U.S.C. 20503) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Requiring Applicants To Present Documentary Proof of
United States Citizenship.--Under any method of voter
registration in a State, the State shall not accept and
process an application to register to vote in an election for
Federal office unless the applicant presents documentary
proof of United States citizenship with the application.''.
(c) Registration With Application for Motor Vehicle
Driver's License.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended--
(1) in subsection (a)(1), by striking ``Each State motor
vehicle driver's license application'' and inserting
``Subject to the requirements under section 8(j), each State
motor vehicle driver's license application'';
(2) in subsection (c)(1), by striking ``Each State shall
include'' and inserting ``Subject to the requirements under
section 8(j), each State shall include'';
(3) in subsection (c)(2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by adding ``and'' at the end; and
(C) by adding at the end the following new clause:
``(iii) verify that the applicant is a citizen of the
United States;'';
(4) in subsection (c)(2)(C)(i), by striking ``(including
citizenship)'' and inserting ``, including the requirement
that the applicant provides documentary proof of United
States citizenship''; and
(5) in subsection (c)(2)(D)(iii), by striking ``; and'' and
inserting the following: ``, other than as evidence in a
criminal proceeding or immigration proceeding brought against
an applicant who knowingly attempts to register to vote and
knowingly makes a false declaration under penalty of perjury
that the applicant meets the eligibility requirements to
register to vote in an election for Federal office; and''.
(d) Requiring Documentary Proof of United States
Citizenship With National Mail Voter Registration Form.--
Section 6 of the National Voter Registration Act of 1993 (52
U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept and use'' and
inserting ``Subject to the requirements under section 8(j),
each State shall accept and use''; and
[[Page S4962]]
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission'';
(2) in subsection (b), by adding at the end the following:
``The chief State election official of a State shall take
such steps as may be necessary to ensure that residents of
the State are aware of the requirement to provide documentary
proof of United States citizenship to register to vote in
elections for Federal office in the State.'';
(3) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) the person did not provide documentary proof of
United States citizenship when registering to vote.''; and
(4) by adding at the end the following new subsection:
``(e) Ensuring Proof of United States Citizenship.--
``(1) Presenting proof of united states citizenship to
election official.--An applicant who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2) or a form
described in paragraph (1) or (2) of subsection (a) shall not
be registered to vote in an election for Federal office
unless--
``(A) the applicant presents documentary proof of United
States citizenship in person to the office of the appropriate
election official not later than the deadline provided by
State law for the receipt of a completed voter registration
application for the election; or
``(B) in the case of a State which permits an individual to
register to vote in an election for Federal office at a
polling place on the day of the election and on any day when
voting, including early voting, is permitted for the
election, the applicant presents documentary proof of United
States citizenship to the appropriate election official at
the polling place not later than the date of the election.
``(2) Notification of requirement.--Upon receiving an
otherwise completed mail voter registration application form
prescribed by the Election Assistance Commission pursuant to
section 9(a)(2) or a form described in paragraph (1) or (2)
of subsection (a), the appropriate election official shall
transmit a notice to the applicant of the requirement to
present documentary proof of United States citizenship under
this subsection, and shall include in the notice instructions
to enable the applicant to meet the requirement.
``(3) Accessibility.--Each State shall, in consultation
with the Election Assistance Commission, ensure that
reasonable accommodations are made to allow an individual
with a disability who submits the mail voter registration
application form prescribed by the Election Assistance
Commission pursuant to section 9(a)(2) or a form described in
paragraph (1) or (2) of subsection (a) to present documentary
proof of United States citizenship to the appropriate
election official.''.
(e) Requirements for Voter Registration Agencies.--Section
7 of the National Voter Registration Act of 1993 (52 U.S.C.
20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the following
new clause:
``(iv) Receipt of documentary proof of United States
citizenship of each applicant to register to vote in
elections for Federal office in the State.''; and
(B) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking ``(including
citizenship)'' and inserting ``, including the requirement
that the applicant provides documentary proof of United
States citizenship''; and
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) ask the applicant the question, `Are you a citizen of
the United States?' and if the applicant answers in the
affirmative require documentary proof of United States
citizenship prior to providing the form under subparagraph
(C);''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(f) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration
Act of 1993 (52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) by striking ``In the administration of voter
registration'' and inserting ``Subject to the requirements of
subsection (j), in the administration of voter
registration''; and
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or'' at the end; and
(ii) by adding at the end the following new subparagraphs:
``(D) based on documentary proof or verified information
that the registrant is not a United States citizen; or
``(E) the registration otherwise fails to comply with
applicable State law;'';
(2) by redesignating subsection (j) as subsection (l); and
(3) by inserting after subsection (i) the following new
subsections:
``(j) Ensuring Only Citizens Are Registered to Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the
individual provides documentary proof United States
citizenship.
``(2) Additional processes in certain cases.--
``(A) Process for those without documentary proof.--
``(i) In general.--Subject to any relevant guidance adopted
by the Election Assistance Commission, each State shall
establish a process under which an applicant who cannot
provide documentary proof of United States citizenship under
paragraph (1) may, if the applicant signs an attestation
under penalty of perjury that the applicant is a citizen of
the United States and eligible to vote in elections for
Federal office, submit such other evidence to the appropriate
State official demonstrating that the applicant is a citizen
of the United States and such official shall make a
determination as to whether the applicant has sufficiently
established United States citizenship for purposes of
registering to vote in elections for Federal office in the
State.
``(ii) Affidavit requirement.--If a State official makes a
determination under clause (i) that an applicant has
sufficiently established United States citizenship for
purposes of registering to vote in elections for Federal
office in the State, such determination shall be accompanied
by an affidavit developed under clause (iii) signed by the
official swearing or affirming the applicant sufficiently
established United States citizenship for purposes of
registering to vote.
``(iii) Development of affidavit by the election assistance
commission.--The Election Assistance Commission shall develop
a uniform affidavit for use by State officials under clause
(ii), which shall--
``(I) include an explanation of the minimum standards
required for a State official to register an applicant who
cannot provide documentary proof of United States citizenship
to vote in elections for Federal office in the State; and
``(II) require the official to explain the basis for
registering such applicant to vote in such elections.
``(B) Process in case of certain discrepancies in
documentation.--Subject to any relevant guidance adopted by
the Election Assistance Commission, each State shall
establish a process under which an applicant can provide such
additional documentation to the appropriate election official
of the State as may be necessary to establish that the
applicant is a citizen of the United States in the event of a
discrepancy with respect to the applicant's documentary proof
of United States citizenship.
``(3) State requirements.--Each State shall take
affirmative steps on an ongoing basis to ensure that only
United States citizens are registered to vote under the
provisions of this Act, which shall include the establishment
of a program described in paragraph (4) not later than 30
days after the date of the enactment of this subsection.
``(4) Program described.--A State may meet the requirements
of paragraph (3) by establishing a program under which the
State identifies individuals who are not United States
citizens using information supplied by one or more of the
following sources:
``(A) The Department of Homeland Security through the
Systematic Alien Verification for Entitlements (`SAVE') or
otherwise.
``(B) The Social Security Administration through the Social
Security Number Verification Service, or otherwise.
``(C) State agencies that supply State identification cards
or drivers licenses where the agency confirms the United
States citizenship status of applicants.
``(D) Other sources, including databases, which provide
confirmation of United States citizenship status.
``(5) Availability of information.--
``(A) In general.--At the request of a State election
official (including a request related to a process
established by a State under paragraph (2)(A) or (2)(B)), the
Secretary of Homeland Security and the Commissioner of the
Social Security Administration shall, not later than 30 days
after receipt of such request, provide the official with such
information as may be necessary to enable the official to
verify that an applicant for voter registration in elections
for Federal office held in the State or a registrant on the
official list of eligible voters in elections for Federal
office held in the State is a citizen of the United States,
which shall include providing the official with such batched
information as may be requested by the official.
``(B) Use of save system.--The Secretary of Homeland
Security may respond to a request received under paragraph
(1) by using the system for the verification of immigration
status under the applicable provisions of section 1137 of the
Social Security Act (42 U.S.C. 1320b-7), as established
pursuant to section 121(c) of the Immigration Reform and
Control Act of 1986 (Public Law 99-603).
``(C) Sharing of information.--The Secretary and the
Commissioner shall share information with each other with
respect to an individual who is the subject of a request
received under paragraph (A) in order to enable the Secretary
and the Commissioner to respond to the request.
[[Page S4963]]
``(D) Investigation for purposes of removal.--The Secretary
of Homeland Security shall conduct an investigation to
determine whether to initiate removal proceedings under
section 239 of the Immigration and Nationality Act (8 U.S.C.
1229) if it is determined pursuant to subparagraph (A) or (B)
that an alien (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) is
unlawfully registered to vote in elections for Federal
office.
``(E) Prohibiting fees.--The Secretary may not charge a fee
for responding to a State's request under paragraph (A).
``(k) Removal of Noncitizens From Registration Rolls.--A
State shall remove an individual who is not a citizen of the
United States from the official list of eligible voters for
elections for Federal office held in the State at any time
upon receipt of documentation or verified information that a
registrant is not a United States citizen.''.
(g) Clarification of Authority of State To Remove
Noncitizens From Official List of Eligible Voters.--
(1) In general.--Section 8(a)(4) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph (A);
(B) by adding ``or'' at the end of subparagraph (B); and
(C) by adding at the end the following new subparagraph:
``(C) documentary proof or verified information that the
registrant is not a United States citizen;''.
(2) Conforming amendment.--Section 8(c)(2)(B)(i) of such
Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking
``(4)(A)'' and inserting ``(4)(A) or (C)''.
(h) Requirements With Respect to Federal Mail Voter
Registration Form.--
(1) Contents of mail voter registration form.--Section 9(b)
of such Act (52 U.S.C. 20508(b)) is amended--
(A) in paragraph (2)(A), by striking ``(including
citizenship)'' and inserting ``(including an explanation of
what is required to present documentary proof of United
States citizenship)'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(5) shall include a section, for use only by a State or
local election official, to record the type of document the
applicant presented as documentary proof of United States
citizenship, including the date of issuance, the date of
expiration (if any), the office which issued the document,
and any unique identification number associated with the
document.''.
(2) Information on mail voter registration form.--Section
9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended--
(A) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively; and
(B) in subparagraph (C) (as so redesignated), by striking
the period at the end and inserting the following: ``, other
than as evidence in a criminal proceeding or immigration
proceeding brought against an applicant who attempts to
register to vote and makes a false declaration under penalty
of perjury that the applicant meets the eligibility
requirements to register to vote in an election for Federal
office.''.
(i) Private Right of Action.--Section 11(b)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20510(b)(1)) is amended by striking ``a violation of this
Act'' and inserting ``a violation of this Act, including the
act of an election official who registers an applicant to
vote in an election for Federal office who fails to present
documentary proof of United States citizenship,''.
(j) Criminal Penalties.--Section 12(2) of such Act (52
U.S.C. 20511(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) registering an applicant to vote in an election for
Federal office who fails to present documentary proof of
United States citizenship; or''.
(k) Applicability of Requirements to Certain States.--
Subsection (c) of section 4 of the National Voter
Registration Act of 1993 (52 U.S.C. 20503), as redesignated
by subsection (b), is amended by striking ``This Act does not
apply to a State'' and inserting ``Except with respect to the
requirements under section 8(j), this Act does not apply to a
State''.
(l) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act, and
shall apply with respect to applications for voter
registration which are submitted on or after such date.
SEC. 1098. ELECTION ASSISTANCE COMMISSION GUIDANCE.
Not later than 10 days after the date of the enactment of
this Act, the Election Assistance Commission shall adopt and
transmit to the chief State election official of each State
guidance with respect to the implementation of the
requirements under section 1097.
SEC. 1099. INAPPLICABILITY OF PAPERWORK REDUCTION ACT.
Subchapter I of chapter 35 of title 44 (commonly referred
to as the ``Paperwork Reduction Act'') shall not apply with
respect to the development or modification of voter
registration materials under section 1097, including the
development or modification of any voter registration
application forms.
______
SA 2647. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __ --Military Humanitarian Operations
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Military Humanitarian
Operations Act of 2024''.
SEC. __2. MILITARY HUMANITARIAN OPERATION DEFINED.
(a) In General.--In this subtitle, the term ``military
humanitarian operation'' means a military operation involving
the deployment of members, weapons systems, or assets of the
United States Armed Forces to territory, airspace, or waters
where hostile activities are reasonably anticipated and with
the aim of preventing or responding to a humanitarian
catastrophe, including its regional consequences, or
addressing a threat posed to international peace and
security. The term includes--
(1) the use of funds, personnel, or military assets
available to the Department of Defense for permanent or
temporary construction of structures to facilitate the
delivery of humanitarian aid;
(2) the use of funds, personnel, or military assets of the
United States to facilitate the delivery of humanitarian aid
through a commercial partner;
(3) humanitarian assistance provided under section 2557 or
2561 of title 10, United States Code; and
(4) unilateral deployments and deployments made in
coordination with international organizations, treaty-based
organizations, or coalitions formed to address specific
humanitarian catastrophes.
(b) Operations Not Included.--The term ``military
humanitarian operation'' does not mean a military operation
undertaken for the following purposes:
(1) Responding to or repelling attacks, or preventing
imminent attacks, on the United States or any of its
territorial possessions, embassies, or consulates, or members
of the United States Armed Forces.
(2) Direct acts of reprisal for attacks on the United
States or any of its territorial possessions, embassies, or
consulates, or members of the United States Armed Forces.
(3) Military missions to rescue United States citizens or
military or diplomatic personnel abroad.
(4) Humanitarian missions in response to natural disasters
where no civil unrest or combat with hostile forces is
reasonably anticipated, and where such operation is for not
more than 30 days.
(5) Actions to maintain maritime freedom of navigation,
including actions aimed at combating piracy.
(6) Training exercises conducted by the United States Armed
Forces abroad where no combat with hostile forces is
reasonably anticipated.
SEC. __3. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.
The President may not deploy members of the United States
Armed Forces into the territory, airspace, or waters of a
foreign country for a military humanitarian operation not
previously authorized by statute unless--
(1) the President submits to Congress a formal request for
authorization to use members of the Armed Forces for the
military humanitarian operation; and
(2) Congress enacts a specific authorization for such use
of forces.
SEC. __4. SEVERABILITY.
If any provision of this subtitle is held to be
unconstitutional, the remainder of the subtitle shall not be
affected.
______
SA 2648. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. EXTENSION OF AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47
U.S.C. 309(j)(11)) is amended by striking ``grant a license
or permit under this subsection shall expire March 9, 2023''
and inserting ``complete a system of competitive bidding
under this subsection shall expire on the date that is 1 year
after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2025''.
______
SA 2649. Mr. CRUZ submitted an amendment intended to be proposed by
[[Page S4964]]
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. __. INFORMING CONSUMERS ABOUT SMART DEVICES ACT.
(a) Required Disclosure of a Camera or Recording Capability
in Certain Internet-connected Devices.--Each manufacturer of
a covered device shall disclose, clearly and conspicuously
and prior to purchase, whether the covered device
manufactured by the manufacturer contains a camera or
microphone as a component of the covered device.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Actions by the commission.--
(A) In general.--The Federal Trade Commission (in this
section referred to as the ``Commission'') shall enforce this
section in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
(B) Penalties and privileges.--Any person who violates this
section or a regulation promulgated under this section shall
be subject to the penalties and entitled to the privileges
and immunities provided in the Federal Trade Commission Act
(15 U.S.C. 41 et seq.).
(C) Savings clause.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(3) Commission guidance.--Not later than 180 days after the
date of enactment of this section, the Commission, through
outreach to relevant private entities, shall issue guidance
to assist manufacturers in complying with the requirements of
this section, including guidance about best practices for
making the disclosure required by subsection (a) as clear and
conspicuous and age appropriate as practicable and about best
practices for the use of a pictorial (as defined in section
2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C.
45b(a))) visual representation of the information to be
disclosed.
(4) Tailored guidance.--A manufacturer of a covered device
may petition the Commission for tailored guidance as to how
to meet the requirements of subsection (a) consistent with
existing rules of practice or any successor rules.
(5) Limitation on commission guidance.--No guidance issued
by the Commission with respect to this section 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 section, the Commission shall allege
a specific violation of a provision of this section. The
Commission may not base an enforcement action on, or execute
a consent order based on, practices that are alleged to be
inconsistent with any such guidelines, unless the practices
allegedly violate subsection (a).
(c) Definition of Covered Device.--In this section, the
term ``covered device''--
(1) means a consumer product, as defined by section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
capable of connecting to the internet, a component of which
is a camera or microphone; and
(2) does not include--
(A) a telephone (including a mobile phone), a laptop,
tablet, or any device that a consumer would reasonably expect
to have a microphone or camera;
(B) any device that is specifically marketed as a camera,
telecommunications device, or microphone; or
(C) any device or apparatus described in sections 255, 716,
and 718, and subsections (aa) and (bb) of section 303 of the
Communications Act of 1934 (47 U.S.C. 255; 617; 619; and
303(aa) and (bb)), and any regulations promulgated
thereunder.
(d) Effective Date.--This section shall apply to all
covered devices manufactured after the date that is 180 days
after the date on which guidance is issued by the Commission
under subsection (b)(3), and shall not apply to covered
devices manufactured or sold before such date, or otherwise
introduced into interstate commerce before such date.
______
SA 2650. Ms. HASSAN (for herself and Mr. Thune) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. IMPROVEMENTS TO NATIONAL QUANTUM INITIATIVE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the execution of the National Defense Strategy is
critical to the functions of the Federal participants of the
National Quantum Initiative Program; and
(2) the success of the National Quantum Initiative Program
is necessary for the Department of Defense to carry out the
National Defense Strategy.
(b) Department of Defense Participation in National Quantum
Initiative Program.--
(1) In general.--The National Quantum Initiative Act
(Public Law 115-368; 15 U.S.C. 8801 et seq.) is amended by
adding at the end the following new title:
``TITLE V--DEPARTMENT OF DEFENSE QUANTUM ACTIVITIES
``SEC. 501. DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
``The quantum information science and technology research
and development program carried out under section 234 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) shall be
treated as part of the National Quantum Initiative Program
implemented under section 101(a) of this Act.
``SEC. 502. COORDINATION.
``The Secretary of Energy, the Director of the National
Institute of Standards and Technology, and the Director of
the National Science Foundation shall each coordinate with
the Secretary of Defense in the efforts of the Secretary of
Defense to conduct basic research to accelerate scientific
breakthroughs in quantum information science and
technology.''.
(2) Clerical amendment.--The table of contents is section
1(b) of such Act is amended by adding at the end the
following:
``TITLE V--DEPARTMENT OF DEFENSE QUANTUM ACTIVITIES
``Sec. 501. Defense quantum information science and technology research
and development program.
``Sec. 502. Coordination.''.
(c) Assessment by Comptroller General of the United States
of National Quantum Initiative Program.--
(1) In general.--The Comptroller General of the United
States shall--
(A) assess the National Quantum Initiative Program; and
(B) submit to Congress a report on the findings of the
Comptroller General with respect to such assessment.
(2) Elements.--The assessment required by paragraph (1)(A)
shall cover the following:
(A) The effectiveness of the National Quantum Initiative
Program.
(B) Whether all of the programs, committees, and centers
required by the National Quantum Initiative Act (15 U.S.C.
8801 et seq.) have been established.
(C) Whether the agencies, programs, committees, and centers
described in subparagraph (B) are effectively collaborating
together and conducting joint activities where appropriate.
(D) Identification of inefficiencies or duplications across
the various programs of the National Quantum Initiative
Program.
(d) Additional Improvements in Coordination.--
(1) In general.--The Secretary of Energy, the Secretary of
Commerce acting through the Director of the National
Institute of Standards and Technology, the Director of the
National Science Foundation, and the heads of other Federal
agencies participating in the National Quantum Initiative
Program shall coordinate with each other and the heads of
other relevant Federal agencies, including the Secretary of
Defense, to carry out the goals of the National Quantum
Initiative Program.
(2) Subcommittee on the economic and security implications
of quantum science.--
(A) Establishment.--The President shall establish, through
the National Science and Technology Council, the Subcommittee
on the Economic and Security Implications of Quantum Science
(in this paragraph referred to as the ``Subcommittee'').
(B) Membership.--
(i) Composition.--The Subcommittee shall be composed of
members as follows:
(I) One member appointed by the Director of the National
Institute of Standards and Technology.
(II) One member appointed by the Director of the National
Science Foundation.
(III) One member appointed by the Secretary of Energy.
(IV) One member appointed by the Administrator of the
National Aeronautics and Space Administration.
(V) Three members appointed by the Secretary of Defense, of
whom--
(aa) one shall be a representative of the Army;
(bb) one shall be a representative of the Navy; and
(cc) one shall be a representative of the Air Force.
(VI) One member appointed by the Director of the National
Security Agency.
(VII) One member appointed by the Director of National
Intelligence.
(VIII) One member appointed by the Director of the Office
of Science and Technology Policy.
(IX) Such other members as the President considers
appropriate.
[[Page S4965]]
(ii) Requirement.--Each member of the Subcommittee shall be
an employee of the Federal Government.
(C) Chairpersons.--The Director of the Office of Science
and Technology Policy, the Secretary of Defense, the
Secretary of Energy, and the Director of the National
Security Agency shall jointly be chairpersons of the
Subcommittee.
(D) Duties.--The Subcommittee shall--
(i) coordinate with the National Science and Technology
Council and its subcommittees to ensure that the economic and
national security implications of basic research and
development in quantum information science, along with other
related technologies, are reviewed and planned for;
(ii) analyze economic and national security risks arising
from research and development in such areas and make
recommendations on how to mitigate those risks; and
(iii) review new programs for national security
implications, when feasible, prior to public announcement.
(E) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the chairpersons of the
Subcommittee shall submit to Congress a report on the
findings and assessments of the Subcommittee regarding
economic and national security risks resulting from quantum
information science and technology research.
(F) Termination.--The Subcommittee shall terminate on the
later of the following:
(i) The date that is five years after the date of the
enactment of this Act.
(ii) Such date as the Subcommittee determines appropriate.
(3) Involvement of defense in national quantum initiative
advisory committee.--
(A) Qualifications.--Subsection (b) of section 104 of the
National Quantum Initiative Act (Public Law 115-368; 15
U.S.C. 8814) is amended by striking ``and Federal
laboratories'' and inserting ``Federal laboratories, and
defense researchers''.
(B) Integration.--Such section is amended--
(i) by redesignating subsections (e) through (g) as
subsection (f) through (h), respectively; and
(ii) by inserting after subsection (d) the following new
subsection (e):
``(e) Integration of Department of Defense.--The Committee
shall take such actions as may be necessary, including by
modifying policies and procedures of the Committee, to ensure
the full integration of the Department of Defense in
activities and programs of the Committee.''.
(4) Clarification of purpose of multidisciplinary centers
for quantum research and education.--Section 302(c) of the
National Quantum Initiative Act (Public Law 115-368; 15
U.S.C. 8842(c)) is amended--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(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) encouraging workforce collaboration, both with
private industry and among Federal entities, including
national defense agencies.''.
(5) Clarifications regarding national quantum information
science research centers.--
(A) Requirements.--Subsection (c) of section 402 of the
National Quantum Initiative Act (Public Law 115-368; 15
U.S.C. 8852) is amended by inserting ``the national defense
agencies,'' after ``industry,''.
(B) Coordination.--Subsection (d) of such section is
amended--
(i) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(ii) by inserting after paragraph (1) the following new
paragraph (2):
``(2) other research entities of the Federal Government,
including research entities in the Department of Defense;''.
(6) National quantum coordination office.--
(A) Collaboration when reporting to congress.--Section 102
of the National Quantum Initiative Act (Public Law 115-368;
15 U.S.C. 8812) is amended--
(i) by redesignating subsection (c) as subsection (d); and
(ii) by inserting after subsection (b) the following new
subsection (c):
``(c) Collaboration When Reporting to Congress.--The
Coordination Office shall ensure that when participants in
the National Quantum Initiative Program prepare and submit
reports to Congress that they do so in collaboration with
each other and all appropriate Federal civilian, defense, and
intelligence research entities.''.
(B) Adjustments.--The National Quantum Coordination Office
may make such additional adjustments as it deems necessary to
ensure full integration of the Department of Defense into the
National Quantum Initiative Program.
(7) Reporting to additional committees of congress.--
Paragraph (2) of section 2 of such Act (15 U.S.C. 8801) is
amended to read as follows:
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate; and
``(B) the Committee on Energy and Commerce, the Committee
on Science, Space, and Technology, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence
of the House of Representatives.''.
______
SA 2651. Ms. KLOBUCHAR (for herself and Ms. Cortez Masto) submitted
an amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1096. SMITHSONIAN MUSEUM SITES.
(a) Commemorative Works Act.--Notwithstanding any other
provision of law or regulation (including section 8908(c) of
title 40, United States Code, and division T of the
Consolidated Appropriations Act, 2021 (Public law 116-260))--
(1) the Smithsonian American Women's History Museum may be
located at the parcel of land bounded by Independence Avenue,
Jefferson Drive, Raoul Wallenberg Place, and 14th Street,
Southwest, within the Reserve (as defined in section 8902(a)
of title 40, United States Code); and
(2) the National Museum of the American Latino may be
located at the parcel of land bounded by Independence Avenue,
Maine Avenue, and Raoul Wallenberg Place, Southwest, within
the Reserve (as defined in section 8902(a) of title 40,
United States Code).
(b) Written Notification of Transfer.--
(1) Notification to federal agency or entity .--The Board
of Regents shall not designate a site for the Smithsonian
American Women's History Museum and the National Museum of
the American Latino that is under the administrative
jurisdiction of another Federal agency or entity without
first notifying the head of the Federal agency or entity.
(2) Notification to congress.--Once notified under
paragraph (1), the head of the Federal agency or entity shall
promptly submit written notification to the Chair and ranking
minority members of the Committee on Rules and
Administration, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate, and
the Committee on House Administration, the Committee on
Natural Resources, the Committee on Transportation and
Infrastructure, and the Committee on Appropriations of the
House of Representatives, stating that the Federal agency or
entity was notified by the Board of Regents that a site under
its jurisdiction was designated and that a transfer will be
initiated as soon as practicable.
(c) Transfer.--Notwithstanding any other provision of law,
as soon as practicable after the date on which Congress
receives the written notification described in subsection
(b)(2), the head of the Federal agency or entity shall
transfer to the Smithsonian Institution its administrative
jurisdiction over the land or structure that has been
designated as the site for the Museum.
______
SA 2652. Mr. COONS (for himself and Mr. Young) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FOUNDATION FOR STANDARDS AND METROLOGY.
(a) In General.--Subtitle B of title II of the Research and
Development, Competition, and Innovation Act (42 U.S.C. 18931
et seq.; relating to measurement research of the National
Institute of Standards and Technology for the future; enacted
as part of division B of Public Law 117-167) is amended by
adding at the end the following new section:
``SEC. 10236. FOUNDATION FOR STANDARDS AND METROLOGY.
``(a) Establishment.--The Secretary, acting through the
Director, shall establish a nonprofit corporation to be known
as the `Foundation for Standards and Metrology'.
``(b) Mission.--The mission of the Foundation shall be to--
``(1) support the Institute in carrying out its activities
and mission to advance measurement science, technical
standards, and technology in ways that enhance the economic
security and prosperity of the United States; and
``(2) advance collaboration with researchers, institutions
of higher education, industry, and nonprofit and
philanthropic organizations to accelerate the development of
technical standards, measurement science, and the
commercialization of emerging technologies in the United
States.
``(c) Activities.--In carrying out its mission under
subsection (b), the Foundation may carry out the following:
``(1) Support international metrology and technical
standards engagement activities.
``(2) Support studies, projects, and research on metrology
and the development of benchmarks and technical standards
infrastructure across the Institute's mission areas.
[[Page S4966]]
``(3) Advance collaboration between the Institute and
researchers, industry, nonprofit and philanthropic
organizations, institutions of higher education, federally
funded research and development centers, and State, Tribal,
and local governments.
``(4) Support the expansion and improvement of research
facilities and infrastructure at the Institute to advance the
development of emerging technologies.
``(5) Support the commercialization of federally funded
research.
``(6) Conduct education and outreach activities.
``(7) Offer direct support to NIST associates, including
through the provision of fellowships, grants, stipends,
travel, health insurance, professional development training,
housing, technical and administrative assistance, recognition
awards for outstanding performance, and occupational safety
and awareness training and support, and other appropriate
expenditures.
``(8) Conduct such other activities as determined necessary
by the Foundation to carry out its mission.
``(d) Authority of the Foundation.--The Foundation shall be
the sole entity responsible for carrying out the activities
described in subsection (c).
``(e) Stakeholder Engagement.--The Foundation shall
convene, and may consult with, representatives from the
Institute, institutions of higher education, the private
sector, non-profit organizations, and commercialization
organizations to develop activities for the mission of the
Foundation under subsection (b) and to advance the activities
of the Foundation under subsection (c).
``(f) Limitation.--The Foundation shall not be an agency or
instrumentality of the Federal Government.
``(g) Support.--The Foundation may receive, administer,
solicit, accept, and use funds, gifts, devises, or bequests,
either absolutely or in trust of real or personal property or
any income therefrom or other interest therein to support
activities under subsection (c), except that this subsection
shall not apply if any of such is from a foreign country of
concern or a foreign entity of concern.
``(h) Tax Exempt Status.--The Board shall take all
necessary and appropriate steps to ensure the Foundation is
an organization described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code.
``(i) Board of Directors.--
``(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
``(2) Composition.--
``(A) In general.--The Board shall be composed of the
following:
``(i) Eleven appointed voting members described in
subparagraph (B).
``(ii) Ex officio nonvoting members described in
subparagraph (C).
``(B) Appointed members.--
``(i) Initial members.--The Secretary, acting through the
Director, shall--
``(I) seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to develop a
list of individuals to serve as members of the Board who are
well qualified and will meet the requirements of clauses (ii)
and (iii); and
``(II) appoint the initial members of the Board from such
list, if applicable, in consultation with the National
Academies of Sciences, Engineering, and Medicine.
``(ii) Representation.--The appointed members of the Board
shall reflect a broad cross-section of stakeholders across
diverse sectors, regions and communities, including from
academia, private sector entities, technical standards
bodies, the investment community, the philanthropic
community, and other nonprofit organizations.
``(iii) Experience.--The Secretary, acting through the
Director, shall ensure the appointed members of the Board
have the experience and are qualified to provide advice and
information to advance the Foundation's mission, including in
science and technology research and development, technical
standards, education, technology transfer, commercialization,
or other aspects of the Foundation's mission.
``(C) Nonvoting members.--
``(i) Ex officio members.--The Director (or Director's
designee) shall be an ex officio member of the Board.
``(ii) No voting power.--The ex officio members described
in clause (i) shall not have voting power on the Board.
``(3) Chair and vice chair.--
``(A) In general.--The Board shall designate, from among
its members--
``(i) an individual to serve as the chair of the Board; and
``(ii) an individual to serve as the vice chair of the
Board.
``(B) Terms.--The term of service of the Chair and Vice
Chair of the Board shall end on the earlier of--
``(i) the date that is 3 years after the date on which the
Chair or Vice Chair of the Board, as applicable, is
designated for the respective position; and
``(ii) the last day of the term of service of the member,
as determined under paragraph (4)(A), who is designated to be
Chair or Vice Chair of the Board, as applicable.
``(C) Representation.--The Chair and Vice Chair of the
Board--
``(i) may not be representatives of the same area of
subject matter expertise, or entity, as applicable; and
``(ii) may not be representatives of any area of subject
matter expertise, or entity, as applicable, represented by
the immediately preceding Chair and Vice Chair of the Board.
``(4) Terms and vacancies.--
``(A) Term limits.--Subject to subparagraph (B), the term
of office of each member of the Board shall be not more than
five years, except that a member of the Board may continue to
serve after the expiration of the term of such member until
the expiration of the 180-day period beginning on the date on
which the term of such member expires, if no new member is
appointed to replace the departing board member.
``(B) Initial appointed members.--Of the initial members of
the Board appointed under paragraph (4)(A), half of such
members shall serve for four years and half of such members
shall serve for five years, as determined by the Chair of the
Board.
``(C) Vacancies.--Any vacancy in the membership of the
appointed members of the Board--
``(i) shall be filled in accordance with the bylaws of the
Foundation by an individual capable of representing the same
area or entity, as applicable, as represented by the vacating
board member under paragraph (2)(B)(ii);
``(ii) shall not affect the power of the remaining
appointed members to carry out the duties of the Board; and
``(iii) shall be filled by an individual selected by the
Board.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum for the purposes of conducting the
business of the Board.
``(6) Duties.--The Board shall carry out the following:
``(A) Establish bylaws for the Foundation in accordance
with paragraph (7).
``(B) Provide overall direction for the activities of the
Foundation and establish priority activities.
``(C) Coordinate with the Institute the activities of the
Foundation to ensure consistency with the programs and
policies of the Institute.
``(D) Evaluate the performance of the Executive Director of
the Foundation.
``(E) Actively solicit and accept funds, gifts, grants,
devises, or bequests of real or personal property to the
Foundation, including from private entities.
``(F) Carry out any other necessary activities of the
Foundation.
``(7) Bylaws.--The Board shall establish bylaws for the
Foundation. In establishing such bylaws, the Board shall
ensure the following:
``(A) The bylaws of the Foundation include the following:
``(i) Policies for the selection of the Board members,
officers, employees, agents, and contractors of the
Foundation.
``(ii) Policies, including ethical and disclosure
standards, for the following:
``(I) The acceptance, solicitation, and disposition of
donations and grants to the Foundation, including appropriate
limits on the ability of donors to designate, by stipulation
or restriction, the use or recipient of donated funds.
``(II) The disposition of assets of the Foundation.
``(iii) Policies that subject all employees, fellows,
trainees, and other agents of the Foundation (including
appointed voting members and ex officio members of the Board)
to conflict of interest standards.
``(iv) The specific duties of the Executive Director of the
Foundation.
``(B) The bylaws of the Foundation and activities carried
out under such bylaws do not--
``(i) reflect unfavorably upon the ability of the
Foundation to carry out its responsibilities or official
duties in a fair and objective manner; or
``(ii) compromise, or appear to compromise, the integrity
of any governmental agency or program, or any officer or
employee employed by, or involved in a governmental agency or
program.
``(8) Restrictions on membership.--
``(A) Employees.--No employee of the Department of Commerce
may be appointed as a voting member of the Board.
``(B) Status.--Each voting member of the Board shall be--
``(i) a citizen of the United States;
``(ii) a national of the United States (as such term is
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a));
``(iii) an alien admitted as a refugee under section 207 of
such Act (8 U.S.C. 1157); or
``(iv) an alien lawfully admitted to the United States for
permanent residence.
``(9) Compensation.--
``(A) In general.--Members of the Board may not receive
compensation for serving on the Board.
``(B) Certain expenses.--In accordance with the bylaws of
the Foundation, members of the Board may be reimbursed for
travel expenses, including per diem in lieu of subsistence,
and other necessary expenses incurred in carrying out the
duties of the Board.
``(10) Liaison representatives.--The Secretary, acting
through the Director, shall designate representatives from
across the Institute to serve as the liaisons to the Board
and the Foundation.
``(11) Personal liability of board members.--The members of
the Board shall not be personally liable, except for
malfeasance.
``(j) Administration.--
[[Page S4967]]
``(1) Executive director.--
``(A) In general.--The Foundation shall have an Executive
Director who shall be appointed by the Board, and who shall
serve at the pleasure of the Board, and for whom the Board
shall establish the rate of compensation. Subject to the
bylaws established under subsection (i)(7), the Executive
Director shall be responsible for the daily operations of the
Foundation in carrying out the activities of the Foundation
under subsection (c).
``(B) Responsibilities.--In carrying out the daily
operations of the Foundation, the Executive Director of the
Foundation shall carry out the following:
``(i) Hire, promote, compensate, and discharge officers and
employees of the Foundation, and define the duties of such
officers and employees.
``(ii) Accept and administer donations to the Foundation,
and administer the assets of the Foundation.
``(iii) Enter into such contracts and execute legal
instruments as are appropriate in carrying out the activities
of the Foundation.
``(iv) Perform such other functions as necessary to operate
the Foundation.
``(C) Restrictions.--
``(i) Executive director.--The Executive Director shall
be--
``(I) a citizen of the United States;
``(II) a national of the United States (as such term is
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a));
``(III) an alien admitted as a refugee under section 207 of
such Act (8 U.S.C. 1157); or
``(IV) an alien lawfully admitted to the United States for
permanent residence.
``(ii) Officers and employees.--Each officer or employee of
the Foundation shall be--
``(I) a citizen of the United States;
``(II) a national of the United States (as such term is
defined in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a));
``(III) an alien admitted as a refugee under section 207 of
such Act (8 U.S.C. 1157); or
``(IV) an alien lawfully admitted to the United States for
permanent residence.
``(2) Administrative control.--No member of the Board,
officer or employee of the Foundation or of any program
established by the Foundation, or participant in a program
established by the Foundation, may exercise administrative
control over any Federal employee.
``(3) Transfer of funds to institute.--The Foundation may
transfer funds and property to the Institute, which the
Institute may accept and use and which shall be subject to
all applicable Federal limitations relating to federally
funded research.
``(4) Strategic plan.--Not later than one year after the
establishment of the Foundation, the Foundation shall submit
to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a strategic plan
that contains the following:
``(A) A plan for the Foundation to become financially self-
sustaining in the next five years.
``(B) Short- and long-term objectives of the Foundation, as
identified by the Board.
``(C) A description of the efforts the Foundation will take
to be transparent in the processes of the Foundation,
including processes relating to the following:
``(i) Grant awards, including selection, review, and
notification.
``(ii) Communication of past, current, and future research
priorities.
``(iii) Solicitation of and response to public input on the
priorities identified by the Foundation.
``(D) A description of the financial goals and benchmarks
of the Foundation for the following ten years.
``(E) A description of the efforts undertaken by the
Foundation to ensure maximum complementarity and minimum
redundancy with investments made by the Institute.
``(5) Report.--
``(A) In general.--Not later than 18 months after the
establishment of the Foundation and not later than February 1
of each year thereafter, the Foundation shall publish a
report describing the activities of the Foundation during the
immediately preceding fiscal year. Each such report shall
include with respect to such fiscal year a comprehensive
statement of the operations, activities, financial condition,
progress, and accomplishments of the Foundation.
``(B) Financial condition.--With respect to the financial
condition of the Foundation, each report under subparagraph
(A) shall include the source, and a description of, all
support under subsection (g) provided to the Foundation. Each
such report shall identify the persons or entities from which
such support is received, and include a specification of any
restrictions on the purposes for which such support may be
used.
``(C) Publication.--The Foundation shall make copies of
each report submitted under subparagraph (A) available--
``(i) for public inspection, and shall upon request provide
a copy of the report to any individual for a charge not to
exceed the cost of providing such copy; and
``(ii) to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
``(6) Audits and disclosure.--The Foundation shall--
``(A) provide for annual audits of the financial condition
of the Foundation, including a full list of the Foundation's
donors and any restrictions on the purposes for which gifts
to the Foundation may be used; and
``(B) make such audits, and all other records, documents,
and other papers of the Foundation, available to the
Secretary and the Comptroller General of the United States
for examination or audit.
``(7) Evaluation by comptroller general.--Not later than
five years after the date on which the Foundation is
established, the Comptroller General of the United States
shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate the
following:
``(A) An evaluation of the following:
``(i) The extent to which the Foundation is achieving the
mission of the Foundation.
``(ii) The operation of the Foundation.
``(B) Any recommendations on how the Foundation may be
improved.
``(k) Integrity.--
``(1) In general.--To ensure integrity in the operations of
the Foundation, the Board shall develop and enforce
procedures relating to standards of conduct, financial
disclosure statements, conflicts of interest (including
recusal and waiver rules), audits, and any other matters
determined appropriate by the Board.
``(2) Financial conflicts of interest.--To mitigate
conflicts of interest and risks from malign foreign
influence, any individual who is an officer, employee, or
member of the Board is prohibited from any participation in
deliberations by the Foundation of a matter that would
directly or predictably affect any financial interest of any
of the following:
``(A) Such individual.
``(B) A relative of such individual.
``(C) A business organization or other entity in which such
individual or relative of such individual has an interest,
including an organization or other entity with which such
individual is negotiating employment.
``(3) Security.--This section shall be carried out in
accordance with the provision of subtitle D of title VI of
the Research and Development, Competition, and Innovation Act
(42 U.S.C. 19231 et seq.; enacted as part of division B of
Public Law 117-167) and section 223 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (42 U.S.C. 6605).
``(l) Intellectual Property.--The Board shall adopt written
standards to govern the ownership and licensing of any
intellectual property rights developed by the Foundation or
derived from the collaborative efforts of the Foundation
``(m) Full Faith and Credit.--The United States shall not
be liable for any debts, defaults, acts, or omissions of the
Foundation. The full faith and credit of the United States
shall not extend to any obligations of the Foundation.
``(n) Support Services.--The Secretary, acting through the
Director, may provide facilities, utilities, and support
services to the Foundation if it is determined by the
Director to be advantageous to the research programs of the
Institute.
``(o) Nonapplicability.--Chapter 10 of title 5, United
States Code, shall not apply to the Foundation.
``(p) Separate Fund Accounts.--The Board shall ensure that
amounts received pursuant to the authorization of
appropriations under subsection (q) are held in a separate
account from any other funds received by the Foundation.
``(q) Funding; Authorization of Appropriations.--
Notwithstanding any other provision of law, from amounts
authorized to be appropriated for a fiscal year beginning
with fiscal year 2025 to the Secretary of Commerce pursuant
to section 10211, the Director may transfer not less than
$500,000 and not more than $1,250,000 to the Foundation each
such fiscal year.
``(r) Definitions.--In this section:
``(1) Board.--The term `Board' means the Board of Directors
of the Foundation, established pursuant to subsection (i).
``(2) Director.--The term `Director' means the Director of
the National Institute of Standards and Technology.
``(3) Foreign country of concern.--The term `foreign
country of concern' has the meaning given such term in
section 10638 of the Research and Development, Competition,
and Innovation Act (42 U.S.C. 19237; enacted as part of
division B of Public Law 117-167).
``(4) Foreign entity of concern.--The term `foreign entity
of concern' has the meaning given such term in section 10638
of the Research and Development, Competition, and Innovation
Act (42 U.S.C. 19237; enacted as part of division B of Public
Law 117-167).
``(5) Foundation.--The term `Foundation' means the
Foundation for Standards and Metrology established pursuant
to subsection (a).
``(6) Institute.--The term `Institute' means the National
Institute of Standards and Technology.
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(8) NIST associate.--The term `NIST associate' means any
guest researcher, facility user, volunteer, or other
nonemployee of the National Institute of Standards and
Technology who conducts research or otherwise engages in an
authorized activity with National Institute of Standards and
Technology
[[Page S4968]]
personnel or at a National Institute of Standards and
Technology facility.
``(9) Relative.--The term `relative' has the meaning given
such term in section 13101 of title 5, United States Code.
``(10) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(11) Technical standard.--The term `technical standard'
has the meaning given such term in section 12(d)(5) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note).''.
(b) Clerical Amendment.--The table of contents in section 1
of Public Law 117-167 is amended by inserting after the item
relating to section 10235 the following new item:
``Sec. 10236. Foundation for Standards and Metrology.''.
______
SA 2653. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. RECOGNIZING GENOCIDE IN DARFUR.
(a) Short Title.--This section may be cited as the
``Genocide in Darfur Act of 2024''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the atrocities occurring in Sudan, including those that
amount to crimes against humanity and genocide being
committed by the Rapid Support Forces (RSF) and allied
militias against the Masalit people and other non-Arab ethnic
groups in Darfur, and the roles of the RSF and Sudanese Armed
Forces (SAF) in perpetrating atrocities, humanitarian
catastrophe, and the destruction of Sudan are reprehensible;
and
(2) the war and all violence and atrocities in Sudan must
end immediately.
(c) Statement of Policy.--It is the policy of the United
States--
(1) to take urgent steps to work with the international
community, including through multilateral fora, to establish
means to protect civilians, including by--
(A) establishing safe zones and humanitarian corridors;
(B) enforcing the United Nations Security Council arms
embargo on Darfur; and
(C) brokering a comprehensive cease-fire and disarming the
warring parties in Sudan;
(2) to support the consistent and transparent documentation
of atrocities and genocidal acts in Sudan by instituting a
mechanism that will, to the greatest extent possible,
publicly release such documentation on a consistent and
regular basis;
(3) to immediately identify mechanisms through which to
fund local, community-based organizations that are currently
providing humanitarian assistance to the Sudanese people in
conflict-affected areas that traditional implementing
partners cannot reach, including for the delivery of food,
medical aid, and shelter to individuals impacted by the war
in Sudan;
(4) to regularly review and update the atrocities
determination for Sudan;
(5) to support tribunals and international criminal
investigations to hold persons responsible for war crimes,
crimes against humanity, and genocide; and
(6) to conduct a comprehensive review of efforts by the
Atrocity Prevention Task Force to prevent, analyze, and
respond to atrocities in Sudan, in alignment with the 2022
United States Strategy to Anticipate, Prevent, and Respond to
Atrocities.
(d) Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on United States efforts regarding the tracking, reporting,
and raising awareness of genocide and other atrocity crimes
committed in Sudan.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) United States Government efforts to collect, analyze,
and preserve evidence and information related to genocide and
other atrocity crimes committed by the warring parties in
Sudan, including a description of--
(i) the respective roles of various agencies, departments,
and offices, and the interagency mechanism established for
the coordination of such efforts;
(ii) the types of information and evidence that are being
collected, analyzed, and preserved to help identify those
responsible for the commission of genocide or other
atrocities;
(iii) the types and amounts of assistance from the United
States Agency for International Development and the
Department of State dedicated to the collection, analysis,
and preservation of evidence related to acts of genocide or
other atrocities; and
(iv) the steps taken to coordinate with and support the
work of partners, international institutions and
organizations, and nongovernmental organizations in such
efforts.
(B) The legal thresholds met or still unmet regarding the
issuance of an updated atrocities determination that
recognizes members of the RSF have committed genocide in
Sudan.
(C) Any media, public diplomacy, and information operations
bringing global awareness to--
(i) efforts to identify and prosecute the persons
responsible for the commission of genocide or other
atrocities during the conflict in Sudan; and
(ii) the types of acts that may be prosecutable.
(D) The process for a domestic, foreign, or international
court or tribunal to request and obtain from the United
States Government information related to genocide or other
atrocities committed during the conflict in Sudan.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives.
______
SA 2654. Mr. RISCH (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Multilateral Sanctions Coordination With Respect to the
Russian Federation
SEC. 1291. STATEMENT OF POLICY REGARDING COORDINATION OF
MULTILATERAL SANCTIONS WITH RESPECT TO THE
RUSSIAN FEDERATION.
(a) In General.--In response to the Russian Federation's
unprovoked and illegal invasion of Ukraine, it is the policy
of the United States that--
(1) the United States, along with the European Union, the
G7, Australia, and other willing allies and partners of the
United States, should lead a coordinated international
sanctions regime to freeze sovereign assets of the Russian
Federation;
(2) the head of the Office of Sanctions Coordination of the
Department of State should engage in interagency and
multilateral coordination with agencies of the European
Union, the G7, Australia, and other allies and partners of
the United States to ensure the ongoing implementation and
enforcement of sanctions with respect to the Russian
Federation in response to its invasion of Ukraine;
(3) the Secretary of State, in consultation with the
Secretary of the Treasury, should, to the extent practicable
and consistent with relevant United States law, lead and
coordinate with the European Union, the G7, Australia, and
other allies and partners of the United States with respect
to enforcement of sanctions imposed with respect to the
Russian Federation;
(4) the United States should provide relevant technical
assistance, implementation guidance, and support relating to
enforcement and implementation of sanctions imposed with
respect to the Russian Federation;
(5) where appropriate, the head of the Office of Sanctions
Coordination, in coordination with the Bureau of Economic and
Business Affairs and the Bureau of European and Eurasian
Affairs of the Department of State and the Department of the
Treasury, should seek private sector input regarding
sanctions policy with respect to the Russian Federation and
the implementation of and compliance with such sanctions
imposed with respect to the Russian Federation; and
(6) the Secretary of State, in coordination with the
Secretary of the Treasury, should continue robust diplomatic
engagement with allies and partners of the United States,
including the European Union, the G7, and Australia, to
encourage such allies and partners to impose such sanctions.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Office of Sanctions Coordination of the Department of
State $15,000,000 for each of fiscal years 2025, 2026, and
2027 to carry out this section.
(2) Supplement not supplant.--The amounts authorized to be
appropriated by paragraph (1) shall supplement and not
supplant other amounts authorized to be appropriated for the
Office of Sanctions Coordination.
SEC. 1292. ASSESSMENT OF IMPACT OF UKRAINE-RELATED SANCTIONS
ON THE ECONOMY OF THE RUSSIAN FEDERATION.
(a) Report and Briefings.--At the times specified in
subsection (b), the President shall submit a report and
provide a briefing to the appropriate congressional
committees on the impact on the economy of the Russian
Federation of sanctions imposed by the United States and
other countries with respect to the Russian Federation in
response to the unlawful invasion of Ukraine by the Russian
Federation.
(b) Timing.--The President shall--
(1) submit a report and provide a briefing described in
subsection (a) to the appropriate
[[Page S4969]]
congressional committees not later than 90 days after the
date of the enactment of this Act; and
(2) submit to the appropriate congressional committees a
report described in subsection (a) every 180 days thereafter
until the date that is 5 years after such date of enactment.
(c) Elements.--Each report required by this section shall
include--
(1) an assessment of--
(A) the impacts of the sanctions described in subsection
(a), disaggregated by major economic sector, including the
energy, aerospace and defense, shipping, banking, and
financial sectors;
(B) the macroeconomic impact of those sanctions on Russian,
European, and global economy market trends, including shifts
in global markets as a result of those sanctions; and
(C) efforts by other countries or actors and offshore
financial providers to facilitate sanctions evasion by the
Russian Federation or take advantage of gaps in international
markets resulting from the international sanctions regime in
place with respect to the Russian Federation; and
(2) recommendations for further sanctions enforcement
measures based on trends described in paragraph (1)(B).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
SEC. 1293. INFORMATION ON VOTING PRACTICES IN THE UNITED
NATIONS WITH RESPECT TO THE INVASION OF UKRAINE
BY THE RUSSIAN FEDERATION.
Section 406(b) of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2414a(b)), is amended--
(1) in paragraph (4), by striking ``Assembly on'' and all
that follows through ``opposed by the United States'' and
inserting the following: ``Assembly on--''
``(A) resolutions specifically related to Israel that are
opposed by the United States; and
``(B) resolutions specifically related to the invasion of
Ukraine by the Russian Federation.'';
(2) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by inserting after paragraph (5) the following:
``(6) an analysis and discussion, prepared in consultation
with the Secretary of State, of the extent to which member
countries supported United States policy objectives in the
Security Council and the General Assembly with respect to the
invasion of Ukraine by the Russian Federation; and''.
______
SA 2655. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. EMERGENCY AUTHORITIES TO EXPAND THE TIMELINESS AND
REACH OF UNITED STATES INTERNATIONAL FOOD
ASSISTANCE.
(a) In General.--Notwithstanding any other provision of
law, the Administrator of the United States Agency for
International Development is authorized to procure life-
saving food aid commodities, including commodities available
locally and regionally, for the provision of emergency food
assistance to the most vulnerable populations in countries
and areas experiencing acute food insecurity that has been
exacerbated by rising food prices, particularly in countries
and areas historically dependent upon imports of wheat and
other staple commodities from Ukraine and Russia.
(b) Prioritization.--
(1) In general.--In responding to crises in which emergency
food aid commodities are unavailable locally or regionally,
or in which the provision of locally or regionally procured
agricultural commodities would be unsafe, impractical, or
inappropriate, the Administrator should prioritize
procurements of United States agricultural commodities,
including when exercising authorities under section 491 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2292).
(2) Local or regional procurements.--In making local or
regional procurements of food aid commodities pursuant to
subsection (a), the Administrator, to the extent practicable
and appropriate, should prioritize procurements from areas
supported through the international agricultural development
programs authorized under the Global Food Security Act of
2016 (22 U.S.C. 9301 et seq.) and from Ukraine, for the
purpose of promoting economic stability, resilience to price
shocks, and early recovery from such shocks in such areas.
(c) Do No Harm.--In making local or regional procurements
of food aid commodities pursuant to subsection (a), the
Administrator shall first conduct market assessments to
ensure that such procurements--
(1) will not displace United States agricultural trade and
investment; and
(2) will not cause or exacerbate shortages, or otherwise
harm local markets, for such commodities within the countries
of origin.
(d) Emergency Exceptions.--
(1) In general.--Commodities procured pursuant to
subsection (b) shall be excluded from calculations of gross
tonnage for purposes of determining compliance with section
55305(b) of title 46, United States Code.
(2) Conforming amendment.--Section 55305(b) of title 46,
United States Code, is amended by striking ``shall'' and
inserting ``should''.
(e) Exclusions.--The authority under subsection (a) shall
not apply to procurements from--
(1) the Russian Federation;
(2) the People's Republic of China; or
(3) any country subject to sanctions under--
(A) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(B) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(C) section 1754(c) of the Export Control Reform Act of
2018 (50 U.S.C. 4813(c)).
______
SA 2656. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SECTION 1216. MILLENNIUM CHALLENGE CORPORATION CANDIDATE
COUNTRY REFORM.
(a) Short Title.--This section may be cited as the
``Millennium Challenge Corporation Candidate Country Reform
Act''.
(b) Modifications of Requirements to Become a Candidate
Country.--Section 606 of the Millennium Challenge Act of 2003
(22 U.S.C. 7705) is amended to read as follows:
``SEC. 606. CANDIDATE COUNTRIES.
``(a) In General.--A country shall be a candidate country
for purposes of eligibility to receive assistance under
section 605 if--
``(1) the per capita income of the country in a fiscal year
is equal to or less than the World Bank threshold for
initiating the International Bank for Reconstruction and
Development graduation process for the fiscal year; and
``(2) subject to subsection (b), the country is not
ineligible to receive United States economic assistance under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) by reason of the application of any provision of the
Foreign Assistance Act of 1961 or any other provision of law.
``(b) Rule of Construction.--For the purposes of
determining whether a country is eligible, pursuant to
subsection (a)(2), to receive assistance under section 605,
the exercise by the President, the Secretary of State, or any
other officer or employee of the United States Government of
any waiver or suspension of any provision of law referred to
in subsection (a)(2), and notification to the appropriate
congressional committees in accordance with such provision of
law, shall be construed as satisfying the requirements under
subsection (a).
``(c) Determination by the Board.--The Board shall
determine whether a country is a candidate country for
purposes of this section.''.
(c) Conforming Amendments.--
(1) Amendment to report identifying candidate countries.--
Section 608(a)(1) of the Millennium Challenge Act of 2003 (22
U.S.C. 7707(a)(1)) is amended by striking ``section
606(a)(1)(B)'' and inserting ``section 606(a)(2)''.
(2) Amendment to millennium challenge compact authority.--
Section 609(b)(2) of such Act (22 U.S.C. 7708(b)(2)) is
amended--
(A) by amending the paragraph heading to read as follows:
``Country contributions''; and
(B) by striking ``with respect to a lower middle income
country described in section 606(b),''.
(3) Amendment to authorization to provide assistance for
candidate countries.--Section 616(b)(1) of such Act (22
U.S.C. 7715(b)(1)) is amended by striking ``subsection (a) or
(b) of section 606'' and inserting ``section 606(a)''.
(d) Modification to Factors in Determining Eligibility.--
Section 607(c)(2) of the Millennium Challenge Act of 2003 (22
U.S.C. 7706(c)(2)) is amended in the matter preceding
subparagraph (A) by striking ``consider'' and inserting
``prioritize need and impact by considering''.
(e) Reporting Alignment.--Section 613(a) of the Millennium
Challenge Act of 2003 (22 U.S.C. 7712(a)) is amended to read
as follows:
``(a) Report.--Not later than the third Friday of December
of each year, the Chief Executive Officer shall submit a
report to Congress describing the assistance provided
pursuant to section 605 during the most recently concluded
fiscal year.''.
(f) Report on Efforts to Undermine Programs of the
Millennium Challenge Corporation.--
[[Page S4970]]
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Executive Officer of the
Millennium Challenge Corporation shall submit a report to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that details any efforts targeted towards undermining
Millennium Challenge Corporation programs, particularly
efforts conducted by the People's Republic of China.
(2) Form.--The report required under paragraph (1) shall be
submitted in an unclassified form, but may include a
classified annex.
______
SA 2657. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. PERMANENT ENACTMENT OF CERTAIN GENERAL
APPROPRIATIONS PROVISIONS.
(a) Short Title.--This section may be cited as the
``American Values Act''.
(b) Foreign Assistance Act of 1961.--Section 104(f) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)) is
amended to read as follows:
``(f) Prohibition on Use of Funds for Abortions and
Involuntary Sterilizations.--None of the funds authorized to
be appropriated or otherwise made available to carry out this
Act may be made available--
``(1) to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions;
``(2) to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations;
``(3) to pay for biomedical research which relates in whole
or in part, to methods of, or the performance of, abortions
or involuntary sterilization as a means of family planning;
``(4) to lobby for or against abortion; or
``(5) to any organization or program which, as determined
by the President, supports or participates in the management
of a program of coercive abortion or involuntary
sterilization.''.
(c) Peace Corps Act.--Section 301(b) of the Peace Corps Act
(22 U.S.C. 2501a(b)) is amended by adding at the end the
following:
``(3) Subject to section 614 of the Financial Services and
General Government Appropriations Act, 2014 (division E of
Public Law 113-76; 128 Stat. 227), none of the funds
authorized to be appropriated or otherwise made available to
carry out this Act may be used to pay for abortions.''.
______
SA 2658. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. OPPOSITION OF UNITED STATES TO AN INCREASE IN
WEIGHT OF CHINESE RENMINBI IN SPECIAL DRAWING
RIGHTS BASKET OF INTERNATIONAL MONETARY FUND.
(a) In General.--The Secretary of the Treasury shall
instruct the United States Governor of, and the United States
Executive Director at, the International Monetary Fund to use
the voice and vote of the United States to oppose any
increase in the weight of the Chinese renminbi in the basket
of currencies used to determine the value of Special Drawing
Rights, unless the Secretary of the Treasury has submitted a
written report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives that includes a
certification that--
(1) the People's Republic of China is in compliance with
all its obligations under Article VIII of the Articles of
Agreement of the Fund;
(2) during the preceding 12 months, there has not been a
report submitted under section 3005 of the Omnibus Trade and
Competitiveness Act of 1988 (22 U.S.C. 5305) or section 701
of the Trade Facilitation and Trade Enforcement Act of 2015
(19 U.S.C. 4421) in which the People's Republic of China has
been found to have manipulated its currency;
(3) the People's Republic of China has instituted and is
implementing the policies and practices necessary to ensure
that the renminbi is freely usable (within the meaning of
Article XXX(f) of the Articles of Agreement of the Fund); and
(4) the People's Republic of China adheres to the rules and
principles of the Paris Club and the Arrangement on
Officially Supported Export Credits of the Organisation for
Economic Co-operation and Development.
(b) Sunset.--Subsection (a) shall have no force or effect
on or after the date that is 10 years after the date of the
enactment of this Act.
______
SA 2659. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. __. REPORT ON WITHDRAWAL OF THE UNITED STATES ARMED
FORCES FROM NIGER AND ON FUTURE SECURITY
COOPERATION IN NIGER, THE SAHEL, AND WEST
AFRICA.
(a) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate committees of Congress a report on the
circumstances and factors that led up to the departure of the
United States Armed Forces from Niger, and policy
recommendations for future security cooperation in Niger, the
Sahel, and West Africa.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An examination of the circumstances and actions by the
United States and Niger that led to the withdrawal of the
United States Armed Forces, including--
(i) the impact of Niger's July 26, 2023, coup d'etat;
(ii) actions by partners, allies, and other external
actors;
(iii) United States management of Nigerien concerns
regarding the Status of Forces Agreement (SOFA), the presence
of the United States Armed Forces in Niger, and the sharing
of intelligence; and
(iv) the handling of diplomatic tensions and issues by
United States and Nigerien officials, including bilateral
meetings that occurred in March 2024 resulting in the
announcement by the National Council for the Safeguard of the
Homeland (CNSP) demanding the withdrawal of the United States
Armed Forces from Niger.
(B) An assessment of the impact of the withdrawal of the
United States Armed Forces from Niger on United States
national security interests and United States partners and
allies in the Sahel and West Africa, including the limits
placed on the United States and United States partners and
allies to conduct effective counterterrorism operations.
(C) A risk assessment of United States assets and
infrastructure remaining in Niger and the potential use of
such assets and infrastructure by the Russian Federation,
other malign actors, or violent extremist organizations
present in the region.
(D) An evaluation of the cooperation between the United
States Armed Forces and the military forces of Niger through
the Joint Disengagement Commission during the withdrawal of
the United States Armed Forces from Niger, including the
impact of relationships and training from prior United
States-Niger military cooperation on the conduct of the Joint
Disengagement Commission's work.
(E) An assessment of the efforts by the National Council
for the Safeguard of the Homeland and Nigerien civilian
government and military officials to ensure a secure,
unhindered, and timely withdrawal of the United States Armed
Forces.
(F) Options for future security cooperation with Niger and
a nonpermanent presence of the United States Armed Forces,
including conditions and benchmarks for each option.
(G) A review of the interagency strategy for the Sahel
after the withdrawal of the United States Armed Forces from
Niger, including recommended options for adapting the
approach to the rapidly evolving regional security,
development, and political context in the Sahel and West
Africa.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
______
SA 2660. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
[[Page S4971]]
SEC. 1291. DEVELOPMENT OF ECONOMIC TOOLS AND STRATEGY TO
DETER AGGRESSION BY PEOPLE'S REPUBLIC OF CHINA
AGAINST TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that
the United States must be prepared to take immediate action
to impose sanctions with respect to any military or
nonmilitary entities owned, controlled, or acting at the
direction of the Government of the PRC or the Chinese
Communist Party that are supporting actions by the Government
of the PRC or the Chinese Communist Party to--
(1) overthrow or dismantle the governing institutions in
Taiwan;
(2) occupy any territory controlled or administered by
Taiwan;
(3) violate the territorial integrity of Taiwan; or
(4) take significant action against Taiwan, including--
(A) conducting a naval blockade of Taiwan;
(B) seizing any outlying island of Taiwan; or
(C) perpetrating a significant cyber attack on Taiwan.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Finance of the Senate;
(E) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(F) the Committee on Commerce, Science, and Transportation
of the Senate;
(G) the Committee on Foreign Affairs of the House of
Representatives;
(H) the Committee on Armed Services of the House of
Representatives;
(I) the Committee on Financial Services of the House of
Representatives;
(J) the Committee on Energy and Commerce of the House of
Representatives; and
(K) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Commerce, Science, and Transportation
of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Financial Services of the House of
Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
(3) PRC.--The term ``PRC'' means the People's Republic of
China.
(c) Task Force.--Not later than 180 days after the date of
the enactment of this Act, the Office of Sanctions
Coordination of the Department of State and the Office of
Foreign Asset Control of the Department of the Treasury, in
coordination with the Office of the Director of National
Intelligence, shall establish an interagency task force
(referred to in this section as the ``Task Force'') to
identify military or nonmilitary entities that could be
subject to sanctions imposed by the United States immediately
following any action or actions taken by the PRC that
demonstrate an attempt to achieve, or has the significant
effect of achieving, the physical or political control of
Taiwan, including by taking any of the actions described in
paragraphs (1) through (4) of subsection (a).
(d) Strategy.--Not later than 180 days after the
establishment of the Task Force, the Task Force shall submit
a strategy to the appropriate congressional committees for
identifying targets under this section, which shall include--
(1) an assessment of how existing sanctions regimes could
be used to impose sanctions with respect to entities
identified pursuant to subsection (c);
(2) a strategy for developing or proposing, as appropriate,
new sanctions authorities that might be required to impose
sanctions with respect to such entities;
(3) an analysis of the potential economic consequences to
the United States, and to allies and partners of the United
States, of imposing various types of sanctions with respect
to those entities and assess measures that could be taken to
mitigate those consequences, including through the use of
licenses, exemptions, carve-outs, and other forms of relief;
(4) a strategy for working with allies and partners of the
United States--
(A) to leverage sanctions and other economic tools to deter
or respond to aggression against Taiwan;
(B) to identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to or deterring aggression against Taiwan; and
(C) to identify industries, sectors, or goods and services
with respect to which the United States and allies and
partners of the United States can take coordinated action
through sanctions or other economic tools that will have a
significant negative impact on the economy of the PRC;
(5) an assessment of the resource gaps and needs at the
Department of State, the Department of the Treasury, and
other Federal agencies, as appropriate, to most effectively
use sanctions and other economic tools to respond to the
threat posed by the PRC;
(6) recommendations on how best to target sanctions and
other economic tools against individuals, entities, and
economic sectors in the PRC, taking into account the role of
those targets in supporting policies and activities of the
Government of the PRC or the Chinese Communist Party that
pose a threat to the national security or foreign policy
interests of the United States, the negative economic
implications of those sanctions and tools for that
government, including its ability to achieve its objectives
with respect to Taiwan, and the potential impact of those
sanctions and tools on the stability of the global financial
system, including with respect to--
(A) state-owned enterprises;
(B) officials of the Government of the PRC;
(C) financial institutions associated with the Government
of the PRC;
(D) companies in the PRC that are not formally designated
by the Government of the PRC as state-owned enterprises; and
(7) the identification of any foreign military or non-
military entities that would likely be used to achieve the
outcomes specified in subsection (a)(1), including entities
in the shipping, logistics, energy (including oil and gas),
aviation, ground transportation, and technology sectors.
(e) Report.--
(1) In general.--Not later than 60 days after the
submission of the strategy required under subsection (d), and
semiannually thereafter, the Task Force shall submit a report
to the appropriate congressional committees that includes
information regarding--
(A) any entities identified pursuant to subsection (c) or
(d)(7);
(B) any new authorities needed to impose sanctions with
respect to such entities;
(C) potential economic impacts on the PRC, the United
States, and allies and partners of the United States of
imposing sanctions with respect to those entities, as well as
mitigation measures that could be employed to limit
deleterious impacts on the United States and allies and
partners of the United States;
(D) the status of coordination with allies and partners of
the United States on sanctions and other economic tools
identified under this section;
(E) resource gaps and recommendations to enable the
Department of State and the Department of the Treasury to use
sanctions to more effectively respond to the malign
activities of the Government of the PRC; and
(F) any additional resources that may be necessary to carry
out the strategy.
(2) Form.--Each report required under paragraph (1) shall
be submitted in classified form.
(f) Identification of Vulnerabilities and Leverage.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of State and the Secretary of Defense, in
consultation with the Secretary of Commerce, the Secretary of
the Treasury, the Director of the Office of Federal
Procurement Policy, and the Director of the Office of Science
and Technology Policy, shall jointly submit a report to the
appropriate committees of Congress that identifies--
(1) goods and services from the United States that are
relied on by the PRC such that reliance presents a strategic
opportunity and source of leverage against the PRC, including
during a conflict; and
(2) procurement practices of the United States Government
that are reliant on trade with the PRC and other inputs from
the PRC, such that reliance presents a strategic
vulnerability and source of leverage that the Chinese
Communist Party could exploit, including during a conflict.
(g) Strategy to Respond to Coercive Action.--
(1) In general.--Not later than 180 days after the
submission of the report required under subsection (f), the
Secretary of the Treasury, in coordination with the Secretary
of State and in consultation with the Secretary of the
Defense, the Secretary of Commerce, the Director of the
Office of Federal Procurement Policy, and the Director of the
Office of Science and Technology Policy, shall submit to the
appropriate committees of Congress a report, utilizing the
findings of the report required under subsection (f), that
describes a comprehensive sanctions strategy to advise
policymakers on policies the United States and allies and
partners of the United States could adopt with respect to the
PRC in response to any coercive action, including an
invasion, by the PRC that infringes upon the territorial
sovereignty of Taiwan by preventing access to international
waterways, airspace, or telecommunications networks.
(2) Elements.--The strategy required under paragraph (1)
shall include policies that--
(A) restrict the access of the People's Liberation Army to
oil, natural gas, munitions, and other supplies needed to
conduct military operations against Taiwan, United States
facilities in the Pacific and Indian Oceans, and allies and
partners of the United States in the region;
(B) diminish the capacity of the industrial base of the PRC
to manufacture and deliver defense articles to replace those
lost in operations of the People's Liberation Army against
Taiwan, the United States, and allies and partners of the
United States;
(C) inhibit the ability of the PRC to evade United States
and multilateral sanctions
[[Page S4972]]
through third parties, including through secondary sanctions;
(D) identify specific sanctions-related tools that may be
effective in responding to coercive action described in
paragraph (1) and assess the feasibility of the use and
impact of the use of such tools;
(E) identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to or deterring aggression against Taiwan with
allies and partners of the United States;
(F) identify industries, sectors, or goods and services
with respect to which the United States, working with allies
and partners of the United States, can take coordinated
action through sanctions or other economic tools that will
have a significant negative impact on the economy of the PRC;
and
(G) identify tactics used by the Government of the PRC to
influence the public in the United States and Taiwan through
propaganda and disinformation campaigns, including such
campaigns focused on delegitimizing Taiwan or legitimizing a
forceful action by the PRC against Taiwan.
(h) Recommendations for Reduction of Vulnerabilities and
Leverage.--Not later than 180 days after the submission of
the report required under subsection (g), the Secretary of
State and the Secretary of Defense, in consultation with the
Secretary of Commerce, the Secretary of the Treasury, the
Director of the Office of Federal Procurement Policy, and the
Director of the Office of Science and Technology Policy,
shall jointly submit to the appropriate committees of
Congress a report that--
(1) identifies critical sectors within the United States
economy that rely on trade with the PRC and other inputs from
the PRC (including active pharmaceutical ingredients, rare
earth minerals, and metallurgical inputs) that present a
strategic vulnerability and source of leverage that the
Chinese Communist Party or the People's Republic of China
could exploit; and
(2) includes recommendations to Congress regarding the
steps that could be taken to reduce the sources of leverage
described in paragraph (1) and subsection (f)(1), including
through--
(A) providing economic incentives and making other trade
and contracting reforms to support United States industry and
job growth in critical sectors and to indigenize production
of critical resources; and
(B) policies for facilitating ``near-shoring or friend-
shoring'' or otherwise developing strategies to facilitate
that process with allies and partners of the United States,
in other sectors for which domestic reshoring would prove
infeasible for any reason.
(i) Form.--The reports required under subsections (f), (g),
and (h) shall be submitted in unclassified form, but may
include a classified annex.
(j) Rules of Construction.--Nothing in this section may be
construed as--
(1) a change to the One China Policy of the United States,
which is guided by the Taiwan Relations Act (22 U.S.C. 3301
et seq.), the three United States-People's Republic of China
Joint Communiques, and the Six Assurances; or
(2) authorizing the use of military force.
______
SA 2661. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. PROHIBITION ON CERTAIN GIFTS AND CONTRACTS FROM
THE PEOPLE'S REPUBLIC OF CHINA TO CERTAIN
UNITED STATES INSTITUTIONS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(2) Contract.--The term ``contract'' means any agreement to
acquire, by purchase, lease, or barter, property or services
for the direct benefit or use of either of party to the
agreement.
(3) Covered prc person.--The term ``covered PRC person''
means a person that, according to unclassified or publicly
available information--
(A) is a current or former member of the People's
Liberation Army of the People's Republic of China;
(B) is currently, or was formerly, employed in any security
or intelligence service of the People's Republic of China;
(C) is, or is affiliated with, an entity identified by the
Secretary of Defense under section 1260H(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note) as
a Chinese military company operating directly or indirectly
in the United States;
(D) is, or is affiliated with, any entity that is included
in the Non-SDN Chinese Military-Industrial Complex Companies
List maintained by the Office of Foreign Assets Control of by
the Department of the Treasury;
(E) is, or is affiliated with, the United Front Work
Department of the Government of the People's Republic of
China or any subsidiary or affiliate organization, or is
otherwise involved in activities that support the goals of
the United Front Work Department;
(F) is an employee of any entity owned or controlled by the
Government of the People's Republic of China;
(G) is or was an employee of any entity on the Entity List
maintained by the Bureau of Industry and Security of the
Department of Commerce and set forth in Supplement No. 4 to
part 744 of title 15, Code of Federal Regulations;
(H) is or was an employee of an entity organized under the
laws of the People's Republic of China that--
(i) is in noncompliance with the auditing rules and
standards of the Public Company Accounting Oversight Board;
or
(ii) has been sanctioned by the Public Company Accounting
Oversight Board;
(I) is a think tank directed or funded by the Chinese
Communist Party or any entity of the Government of the
People's Republic of China;
(J) is any state key laboratory, including any defense
science and technology state key laboratory identified in the
2022 report of the China Aerospace Studies Institute of the
Department of the Air Force entitled ``The PRC State &
Defense Laboratory System Part Two: Defense S&T Key Lab
Directory'' that is--
(i) working on critical emerging technologies, including
advanced computing, advanced engineering materials, advanced
gas turbine engine technologies, advanced manufacturing,
advanced and networked sensing and signature management,
advanced nuclear energy technologies, artificial
intelligence, autonomous systems and robotics,
biotechnologies, communication and networking technologies,
directed energy, financial technologies, human-machine
interfaces, hypersonics, networked sensors and sensing,
quantum information technologies, renewable energy generation
and storage, semiconductors and microelectronics, or space
technologies and systems; and
(ii) affiliated with, controlled, or administratively
managed by an agency of the Government of the People's
Republic of China, the Chinese Academy of Sciences, or the
Polar Research Institute of China; or
(K) is, or was affiliated with, any entity owned or
controlled by an agency or instrumentality of any person
described in any of subparagraphs (A) through (J).
(4) Covered united states institution.--The term ``covered
United States institution'' means any public or private
institution or, if a multicampus institution, any single
campus of such institution, in any State--
(A) that is legally authorized within such State to provide
a program of education beyond secondary school;
(B) that provides a program for which the institution
awards a bachelor's degree (or provides not less than a 2-
year program which is acceptable for full credit toward such
a degree) or a more advanced degree;
(C) that is accredited by a nationally recognized
accrediting agency or association; and
(D) to which the Federal Government extends Federal
financial assistance (directly or indirectly through another
entity or person), or that receives support from the
extension of Federal financial assistance to any of the
institution's subunits.
(5) Critical technologies.--The term ``critical
technologies'' has the meaning given such term in section
721(a)(6) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(6))).
(6) Foreign source.--The term ``foreign source'' means--
(A) a foreign government, including an agency of a foreign
government;
(B) a legal entity, governmental or otherwise, created
solely under the laws of a foreign state or states;
(C) an individual who is not a citizen or a national of the
United States or a trust territory or protectorate thereof;
and
(D) an agent, including a subsidiary or affiliate of a
foreign legal entity, acting on behalf of a foreign source.
(7) Freely associated states.--The term ``Freely Associated
States'' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(8) Gift.--The term ``gift'' means any gift of money or
property.
(9) Restricted or conditional gift or contract.--The term
``restricted or conditional gift or contract'' means any
endowment, gift, grant, contract, award, present, or property
of any kind that includes provisions regarding--
(A) the employment, assignment, or termination of faculty;
(B) the establishment of departments, centers, research or
lecture programs, or new faculty positions;
(C) the selection or admission of students; or
(D) the award of grants, loans, scholarships, fellowships,
or other forms of financial aid restricted to students of a
specified country, religion, sex, ethnic origin, or political
opinion.
[[Page S4973]]
(10) State.--The term ``State'' includes, in addition to
the several States of the United States, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, American Samoa,
the United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Freely Associated States.
(11) State key laboratory.--The term ``state key
laboratory'' means an institution in the People's Republic of
China that has been categorized as a national laboratory or
state key laboratory by, and receives funding, policy,
developmental guidance, or administrative support from, the
Government of the People's Republic of China.
(b) Prohibition.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall
prescribe regulations to prohibit a covered United States
institution from accepting a gift from, or entering into a
contract with, a covered PRC person if--
(A)(i) the value of the gift or contract equals or exceeds
$1,000,000; or
(ii) including the gift or contract, the institution would
receive, directly or indirectly, more than 1 gift from or
enter into more than 1 contract, directly or indirectly, with
the same covered PRC person, the aggregate of which, during a
period of 2 consecutive calendar years, would equal or exceed
$1,000,000; and
(B) the gift or contract--
(i) relates to research, development, or production of
critical technologies and provides the covered PRC person
making the gift or providing the contract--
(I) access to regulated or unregulated United States-
developed information, technology, or data in the possession
of the institution; or
(II) rights, including early access, to intellectual
property created by or in the possession of the institution;
or
(ii) except as provided under paragraph (2), is a
restricted or conditional gift or contract.
(2) Exception for operating agreements for branches of
covered united states institutions.--The Secretary of State
shall include, in the regulations prescribed pursuant to
paragraph (1), an exception to the prohibition under such
paragraph for a contract between a covered United States
institution and a branch of such institution located in the
People's Republic of China that provides funding for the
operation of such branch.
(c) Penalties.--
(1) Fine.--
(A) In general.--A covered United States institution that
accepts a gift or enters into a contract in violation of
subsection (b) shall be fined--
(i) for the first such violation, not more than $250,000;
(ii) for the second such violation, not more than $500,000;
and
(iii) for the third such violation or a subsequent such
violation, not more than the greater of--
(I) $1,000,000; or
(II) the total value of the gift or contract, as the case
may be.
(B) Availability of fines to administer this section.--
(i) Establishment of fund.--There is established in the
Treasury of the United States a fund, consisting of such
amounts as may be transferred to the fund pursuant to clause
(ii).
(ii) Transfer of amounts.--The Secretary of the Treasury
shall transfer to the fund established under clause (i), from
the general fund of the Treasury, an amount determined by the
Secretary of State to be equivalent to the amount received in
the general fund and attributable to fines collected under
subparagraph (A) during fiscal year 2024 and during each
fiscal year thereafter.
(iii) Availability and use of amounts.--Amounts in the fund
established under clause (i) shall be available, as provided
in advance in appropriations Acts, to the Secretary of State
for fiscal year 2025 and for each fiscal year thereafter to
carry out this section.
(2) Requirement to return gift or terminate contract.--A
covered United States institution that accepts a gift or
enters into a contract in violation of subsection (b) shall
return the gift or terminate the contract, as the case may
be.
(3) Restriction on funding from the department of state.--
(A) In general.--A covered United States institution that
accepts a gift or enters into a contract in violation of
subsection (b) is ineligible to receive any grant or other
funding from the Department of State during the 5-year period
beginning on the date on which the institution accepts such
gift or enters into such contract, as the case may be.
(B) Restriction on grantees doing business with
violators.--A person that receives a grant or other funding
from the Department of State may not, as a condition of the
grant or funding, conduct any business with a covered United
States institution that accepts a gift or enters into a
contract in violation of subsection (b) during the 5-year
period beginning on the date on which the institution accepts
such gift or enters into such contract, as the case may be.
(4) Waiver.--
(A) Authorization.--The Secretary of State may waive the
application of not more than 2 of the penalties under
paragraphs (1) through (3), with respect to a covered United
States institution that accepts a gift or enters into a
contract in violation of subsection (b), if the President--
(i) determines that--
(I) such waiver is in the national security interest of the
United States; and
(II) such gift or contract does not result in any
restrictions on academic freedom or freedom of expression
within the United States; and
(ii) not later than 15 days after making such
determination, submits to the chairperson and ranking member
of the appropriate committees of Congress a written report
regarding such determination that includes a detailed
justification for the determination.
(B) Elements.--Each report submitted pursuant to
subparagraph (A)(ii) shall--
(i) be accompanied by materials submitted by the covered
United States institution that accepted a gift or entered
into a contract in violation of subsection (b) disclosing--
(I) the covered PRC person that provided the gift or with
which the contract was entered into;
(II) the nature of the gift or contract; and
(III) the purpose of the gift or contract; and
(ii) include a detailed justification for why the gift or
contract does not result in--
(I) harm to the national security of the United States; or
(II) any restrictions on academic freedom or freedom of
expression within the United States.
(d) Guidance.--The regulations prescribed pursuant to
subsection (b)(1) shall--
(1) provide guidance to covered United States institutions
with respect to complying with this section; and
(2) provide a specific point of contact through which
covered United States institutions can communicate with the
Department of State on matters relating to compliance with
this section.
(e) Disclosure Reports.--
(1) In general.--A covered United States institution shall
submit to the Secretary of State a disclosure report relating
to any gift or contract received from or entered into with a
foreign source described in paragraph (5) that includes--
(A) the aggregate dollar amount or value of the gift or
contract;
(B) a detailed description of the nature and purpose of the
gift or contract, including--
(i) whether such gift or contract relates to the research,
development, or production of critical technologies and, if
so, a description of the nature of such relationship; and
(ii) whether it is a restricted or conditional gift or
contract and, if so, a description of the restrictions or
conditions on the gift or contract;
(C) in the case of a gift or contract that relates to the
research, development, or production of critical technologies
or that is a restricted or conditional gift or contract, a
justification for why the gift or contract does not result
in--
(i) harm to the national security of the United States; or
(ii) any restrictions on academic freedom or freedom of
expression within the United States;
(D) the name and verified address of the foreign source;
(E) a description of any due diligence conducted by such
institution before accepting the gift or entering into the
contract; and
(F) an assurance that such institution will--
(i) maintain a true copy of the gift or contract agreement
until the later of--
(I) the date that is 4 years after the date on which such
institution entered into such agreement; or
(II) the date on which such agreement terminates;
(ii) produce a true copy of the gift or contract agreement
upon the request of the Secretary of State during an audit of
the compliance of the institution with this section or
another institutional investigation; and
(iii) ensure that all gifts and contracts from the foreign
source are translated into English by a third party that is
unaffiliated with the foreign source or institution.
(2) Provision of information to congress upon request.--
(A) In general.--The Secretary of State shall provide the
information described in subparagraph (B) to the chairperson
or ranking member of the Committee on Foreign Relations of
the Senate or the Committee on Foreign Affairs of the House
of Representatives not later than 15 days after receiving a
request from the chairperson or ranking member for such
information.
(B) Information described.--The information described in
this subparagraph, with respect to any disclosure report
submitted under paragraph (1) is--
(i) any information required to be included in the report;
and
(ii) a justification for any decision by the Secretary of
State with respect to the gift or contract that is the
subject of the report.
(3) Public information.--The Secretary of State shall make
public, in a searchable database, with respect to each gift
or contract that is the subject of a disclosure report
submitted under paragraph (1)--
(A) the aggregate dollar amount or value of the gift or
contract;
(B) a summary of the purpose of the gift or contract,
including--
(i) whether the gift or contract relates to the research,
development, or production of critical technologies and, if
so, a description of the nature of such relationship; and
(ii) whether it is a restricted or conditional gift or
contract and, if so, a description of
[[Page S4974]]
the restrictions or conditions on the gift or contract; and
(C) with respect to the foreign source from which the gift
was received or with which the contract was entered into--
(i) in the case of a foreign source that is an individual,
the primary professional affiliation of the individual; and
(ii) in the case of a foreign source that is an entity, the
name and verified address of the entity.
(4) Condition.--A gift received from, or a contract entered
into with, a foreign source described in paragraph (5) may
not be disclosed to the Department of State or to the
chairperson or ranking member of the Committee on Foreign
Relations of the Senate or of the Committee on Foreign
Affairs of the House of Representatives, or publicly
reported, as anonymous.
(5) Foreign sources described.--A foreign source described
in this paragraph is a foreign source that is--
(A) the Chinese Communist Party or the Government of the
People's Republic of China, including an agency of such
government;
(B) a legal entity (governmental or otherwise) created
solely under the laws of the People's Republic of China;
(C) an individual who is a citizen or a national of the
People's Republic of China; or
(D) an agent, including a subsidiary or affiliate of a
foreign legal entity, acting on behalf of--
(i) the Chinese Communist Party or the Government of the
People's Republic of China; or
(ii) an entity or individual described in subparagraph (B)
or (C).
(f) Annual Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter for a
period of 7 years, the Secretary of State shall submit to the
appropriate committees of Congress a report that--
(A) describes steps taken during the period described in
paragraph (2) to implement this section;
(B) includes information or recommendations to improve the
implementation of this section; and
(C) includes any other information the Secretary of State
considers relevant.
(2) Period described.--The period described in this
paragraph is--
(A) in the case of the first report required by paragraph
(1), the 2-year period beginning on the date of the enactment
of this Act; and
(B) in the case of any subsequent such report, the 1-year
period preceding submission of the report.
(3) Form of report.--
(A) In general.--The report required under paragraph (1)
shall be submitted in unclassified form, but (subject to
subparagraph (B)) may include a classified annex.
(B) Material required to be unclassified.--The Secretary of
State shall include all information on foreign donations
received by covered United States institutions in the
unclassified portion of the report required by paragraph (1).
______
SA 2662. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. ADVANCING OVERSIGHT OF INTERNATIONAL LIFE SCIENCES
RESEARCH.
(a) Short Title.--This section may be cited as the
``Biological Weapons Act of 2024''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Health, Education, Labor, and Pensions
of the Senate
(E) the Committee on Foreign Affairs of the House of
Representatives;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(H) the Committee on Energy and Commerce of the House of
Representatives;
(2) Biological weapons convention.--The term ``Biological
Weapons Convention'' means the Convention on the Prohibition
of the Development, Production and Stockpiling of
Bacteriological and Toxin Weapons and on their Destruction,
done at Washington, London, and Moscow, April 10, 1972.
(3) Dual use research of concern.--The term ``dual use
research of concern'' is life sciences research that--
(A) involves an international partner; and
(B) based on current understanding can be reasonably
anticipated to provide knowledge, information, products, or
technologies that could be directly misapplied to pose a
significant threat with broad potential consequences to
public health and safety, agricultural crops and other
plants, animals, the environment, materiel, or national
security.
(4) Other international life sciences research of
concern.--The term ``other international life sciences
research of concern'' means --
(A) research conducted by or with an international partner;
(B) involves or is anticipated to involve enhancing a
potential pandemic pathogen, the characterization of
pathogens with pandemic potential, or modifying a pathogen in
such a way that it could acquire pandemic potential; or
(C) involves enhancing the pathogenicity, contagiousness,
or transmissibility of viruses or bacteria in ways or for
purposes that can be reasonably anticipated to pose a threat
to public health and safety or national security.
(c) Statement of Policy.--It is the policy of the United
States--
(1) to conduct rigorous scrutiny of and regularly review
international biological, bacteriological, virological, and
other relevant research collaboration that could be
weaponized or reasonably considered dual-use research of
concern, and incorporate national security and
nonproliferation considerations and country-specific
conditions into decisions regarding such collaborations;
(2) to ensure that, in the search for solutions to pressing
global health challenges, United States Government support
for public health research and other actions does not advance
the capabilities of foreign adversaries in the area of dual
use research of concern or inadvertently contribute to the
proliferation of biological weapons technologies; and
(3) to declassify, to the maximum extent possible, all
intelligence relevant to the People's Republic of China's
compliance or lack of compliance with its obligations under
the Biological Weapons Convention, and other national
security concerns regarding biological, bacteriological,
virological, and other relevant research by the People's
Republic of China that could be weaponized or reasonably
considered dual use research of concern that may be outside
the scope of the Biological Weapons Convention.
(d) Amendments to Secretary of State Authorities in the
Arms Control and Disarmament Act.--
(1) Research, development, and other studies.--Section
301(a) of the Arms Control and Disarmament Act (22 U.S.C.
2571(a)) is amended by inserting ``biological, virological,''
after ``bacteriological''.
(2) Oversight of dual-use research.--
(A) In general.--Title III of the Arms Control and
Disarmament Act (22 U.S.C. 2571 et seq.) is amended by adding
at the end the following:
``SEC. 309. AUTHORITIES WITH RESPECT TO DUAL USE RESEARCH OF
CONCERN AND OTHER INTERNATIONAL LIFE SCIENCES
RESEARCH OF CONCERN.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--In this section,
the term `appropriate committees of Congress' means--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(C) the Committee on Foreign Affairs of the House of
Representatives; and
``(D) the Committee on Energy and Commerce of the House of
Representatives.
``(2) Dual use research of concern.--The term ` dual use
research of concern' has the meaning given such term in
section 1299(b)(3) of the Biological Weapons Act of 2024.
``(3) Other international life sciences research of
concern.--The term `other international life sciences
research of concern' has the meaning given such term in
section 1299(b)(4) of the Biological Weapons Act of 2024.
``(b) Oversight of Dual Use Research of Concern and Other
International Life Sciences Research of Concern.--The
Secretary of State, with respect to oversight of dual-use
research of concern and other international life sciences
research of concern, shall--
``(1) ensure robust and consistent Department of State
participation in interagency processes and review mechanisms;
``(2) require the Administrator of the United States Agency
for International Development to report to and consult with
the Department of State on any proposed programs, projects,
initiatives, or funding for dual use research of concern or
other international life sciences research of concern;
``(3) evaluate whether proposed international scientific
and technological cooperation activities in which the United
States Government participates that involves dual use
research of concern or other international life sciences
research of concern, including research related to biological
agents, toxins, and pathogens, aligns with the United States
National Security Strategy and related strategic documents;
``(4) create, in consultation with other Federal
departments and agencies, policies and processes for post-
award oversight of grants and funding for dual use research
of concern and other international life sciences research of
concern, including as aligned with current laws and
regulations and for grants or funding from other Federal
departments and agencies, such that the Department of State
is kept apprised of any national security or foreign policy
concerns that may
[[Page S4975]]
arise with respect to a project funded by another Federal
department or agency;
``(5) conduct periodic reviews of the adequacy of
consultative mechanisms with other Federal Departments and
agencies with respect to oversight of dual use research of
concern and other international life sciences research of
concern, especially consultative mechanisms required under
United States law, and identify recommendations for improving
such consultative mechanisms;
``(6) direct Chiefs of Mission to ensure Country Team
Assessments are submitted to the Department of State and the
head of the Federal department or agency proposing to sponsor
programs and collaborations to scrutinize whether such
programs or collaborations involve dual use research of
concern or other life international life sciences research of
concern, and that such assessments are integrated into
relevant interagency processes; and
``(7) direct Chiefs of Mission to increase embassy
reporting in other countries on dual use research of concern,
other international life sciences research of concern,
biosecurity hazards trends in the development of synthetic
biology and biotechnology, and other related matters.
``(c) Reports to Congress.--
``(1) Implementation report.--Not later than 1 year after
the date of the enactment of the Biological Weapons Act of
2024, and semiannually thereafter for the following 5 years,
the Secretary of State shall submit a report to the
appropriate committees of Congress regarding the
implementation of subsection (a).
``(2) Report on approvals of collaboration.--Not later than
1 year after the date of the enactment of the Biological
Weapons Act of 2024, and annually thereafter for the
following 4 years, the Secretary of State should shall submit
a report to the appropriate committees of Congress that
describes any research or other collaboration, including
transfer agreements, memoranda of understanding, joint
research projects, training, and conferences involving
significant knowledge transfer that was approved or not
objected to by the Secretary of State and the justification
for such approval or lack of an objection.''.
(e) Report on Threats Related to Specific Dual Use Research
of Concern and Other International Life Sciences Research of
Concern.--Not later than 1 year after the date of enactment
of this Act and annually thereafter, the Secretary of State
shall submit to the Foreign Relations Committee of the Senate
and the Foreign Affairs Committee of the House of
Representatives an assessment of the key national security
risks of dual use research of concern or other international
life sciences research of concern, including--
(1) major issues the Department of State is prioritizing
with respect to the misuse or weaponization of, or that be
reasonably anticipated to be misused or weaponized,
biological, bacteriological, and virological research, or the
misuse or weaponization of, or that be reasonably anticipated
to be misused or weaponized, any other category of dual use
research of concern or other international life sciences
research of concern by state and non-state actors;
(2) the Department of State's efforts to develop and
promote measures to prevent such misuse, weaponization, or
proliferation of dual use research of concern or other
international life sciences research of concern;
(3) an assessment of targeted national level and government
directed policies, research initiatives, or other relevant
efforts focused on dual use research of concern or other
international life sciences research of concern, including--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea;
(E) any other nation identified in the report required
under section 403 of the Arms Control and Disarmament Act (22
U.S.C. 2593a); and
(F) any terrorist group or malign non-state actor;
(4) an assessment of the national security concerns posed
by any of the activities described in paragraphs (1) or (3);
(5) a description of collaboration between ostensibly
civilian entities, including research laboratories, and
military entities on the activities identified in paragraph
(3);
(6) a description of the confidence-building measures or
other attempts by the countries in paragraph (3) to justify,
clarify, or explain the activities described in such
paragraph;
(7) the extent to which the Secretary of State assesses the
Biological Weapons Convention and any other relevant
international agreements account for or keep pace with the
security threats of the activities identified in paragraph
(3);
(8) a description of the process the United States
Government uses, including the role of the Department of
State, to approve and review funding or other support,
including subgrants in other countries for dual use research
of concern or other life sciences research of concern,
including research related to biological agents, toxins, and
pathogens that does or can reasonably be anticipated to pose
a risk of misuse, weaponization, or other threat to United
States national security;
(9) a list and description of United States Government
interagency mechanisms and international groups or
coordinating bodies on biosecurity and dual use research of
concern in which the Department of State is a member or has a
formal role; and
(10) a description of any obstacles or challenges to the
ability of United States Government to address the
requirements specified in this section, including a
description of gaps in authorities, intelligence collection
and analysis, organizational responsibilities, and resources.
(f) Report on United States Funding Research With the
People's Republic of China.--
(1) In general.--Not later than 400 days after the date of
the enactment of this Act, the President shall conduct a
formal review, and produce a written report, all United
States Government-funded research collaboration initiatives
conducted with international partners in the past 20 years
with the People's Republic of China related to research areas
that pose potential biological weapons proliferation risks or
meet the criteria of dual use research of concern or other
international life sciences research of concern.
(2) Elements.--The review required under subsection (a)
shall--
(A) provide a detailed description and example projects of
the initiatives identified pursuant to subsection (a), the
current status of such programs, including dates of
initiation and termination, and the criteria for granting
approval of funding;
(B) outline the procedures used to approve or deny such
grants or other funding, including coordination, if any,
between agencies responsible for public health preparedness
and biomedical research agencies, including the Department of
Health and Human Services, and national security agencies,
including the Department of State, the Department of Defense,
and the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003));
(C) identify gaps in United States Government safeguards
regarding sufficient measures to prevent any such research
intended for civilian purposes from being diverted for
military research in the People's Republic of China;
(D) an assessment of how to best address any such gaps in
procedures, especially regarding greater interagency input;
(E) how the research conducted with the grants and funding
requests listed pursuant to subparagraph (A) may have
contributed to the development of biological weapons, or the
development of technology and advancements that meet the
criteria of dual use research of concern or other
international life sciences research of concern in the
People's Republic of China;
(F) how the United States Government's understanding of the
People's Republic of China's ``military-civil fusion''
national strategy informed and affected such funding
decisions, and how it will inform future funding decisions in
research related to gain-of-function, synthetic biology,
biotechnology, or other research areas that pose biological
weapons proliferation or dual-use concerns;
(G) whether any United States Government funding was used
to support gain-of-function research in the People's Republic
of China during the United States moratorium on such research
between 2014 and 2017;
(H) steps taken the by United States Government, if any to
apply additional scrutiny to United States Government
funding, including subgrants, to support gain-of-function
research in the People's Republic of China after the United
States Government lifted the moratorium on gain-of-function
research in 2017; and
(I) any other relevant matter discovered during the course
of the review.
(3) Report submission.--Not later than 15 days after
completing the report required under paragraph (1), the
President shall submit such report to the appropriate
congressional committees.
(4) Form of report.--The report required under paragraph
(1) shall be unclassified, but may include a classified
annex.
(g) Biological and Toxin Weapons Review Conference.--
(1) Statement of policy.--In order to promote international
peace and security, it is the policy of the United States to
promote compliance with the Biological Weapons Convention in
accordance with paragraphs (2) through (4).
(2) Activities to advance united states interests at
meetings of the biological weapons convention.--Before each
Review Conference of the Biological Weapons Convention, the
Secretary of State shall--
(A) demand greater transparency from the Government of the
People's Republic of China's activities on dual use research
of concern and the applications of such research that raise
concerns regarding its compliance with Article I of the
Biological Weapons Convention;
(B) engage with other governments, the private sector
(including in relevant science and technology fields), and
other stakeholders, as appropriate, regarding--
(i) United States concerns about the People's Republic of
China's compliance with the Biological Weapons Convention;
and
(ii) the national security, public health, and non-
proliferation implications of such concerns; and
(C) emphasize that the People's Republic of China's
national strategy of military-civil fusion undermines the
underlying utility and effectiveness of the Biological
Weapons Convention, which may not adequately capture the full
range of technologies with dual-use
[[Page S4976]]
implications being pursued by the People's Republic of China.
(3) Declassification of intelligence.--The President
should, as appropriate, declassify intelligence relevant to
the People's Republic of China's obligations under the
Biological Weapons Convention and concerns about its
compliance.
(4) Security council complaint.--If the questions and
concerns raised pursuant to paragraph (2) are not adequately
addressed and another state party is believed to be in breach
of an obligation under the Biological Weapons Convention, the
President should consider lodging a complaint to the Security
Council pursuant to Article VI of the Biological Weapons
Convention.
(h) Annual Report by the United States Agency for
International Development.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Administrator of the United States
Agency for International Development shall submit an annual
report to the appropriate congressional committees that
describes all funding, including subgrants, for research
involving or related to the study of pathogens, viruses, and
toxins provided to entities subject to the jurisdiction of
countries listed in paragraph (2), which shall include a
national security justification by the Secretary of State for
such funding.
(2) List of countries specified.--The countries covered by
the report required under paragraph (1) are--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea; and
(E) any other country specified in the report assessing
compliance with the Biological Weapons Convention, as
required under section 403(a) of the Arms Control and
Disarmament Act (22 U.S.C. 2593a(a)) in the relevant calendar
year.
(3) Form.--The report required under paragraph (1)) shall
be submitted in unclassified form, but may include a
classified annex.
(i) United Nations Agencies, Programs, and Funds.--
(1) Requirement.--The Permanent Representative of the
United States to the United Nations shall use the voice,
vote, and influence of the United States at the United
Nations to block representatives from any country specified
in the report required under section 403(a) of the Arms
Control and Disarmament Act (22 U.S.C. 2593a(a)) from serving
in leadership positions within any United Nations organ,
fund, program, or related specialized agency with
responsibility for global health security (including animal
health), biosecurity, atomic, biological or chemical weapons,
or food security and agricultural development.
(2) List of countries specified.--The countries covered by
the report required under paragraph (1) are--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran;
(D) the Democratic People's Republic of Korea;
(E) the Assad Regime of Syria; and
(F) any other country specified in the report required
under section 403(a) of the Arms Control and Disarmament Act
(22 U.S.C. 2593a(a)) in the relevant calendar year.
(3) Sunset.--This subsection shall cease to have any force
or effect beginning on the date that is 5 years after the
date of the enactment of this Act.
______
SA 2663. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. RESTRICTION ON TRACK 1.5 DIALOGUES WITH THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the PRC has undertaken a breathtaking expansion of its
nuclear weapons and missile arsenal and is now engaged in a
sprint to strategic parity with the United States;
(2) the PRC has failed to respond to United States efforts
to participate in confidence-building measures related to
strategic issues or to establish official dialogues with the
United States on crisis stability and arms race stability;
(3) the PRC is not implementing previously agreed to
military-to-military confidence-building measures that
require notification of major military exercises, nor is it
adhering to the Memorandum of Understanding on the Rules of
Behavior for Safety of Air and Maritime Encounters between
the Department of Defense of the United States of America and
the Ministry of National Defense of the People's Republic of
China, done at Washington and Beijing November 9, 2014, or
its supplemental agreements;
(4) the PRC is failing to adhere to its commitment under
Article VI of the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July 1, 1968
(commonly referred to as the ``Nuclear Nonproliferation
Treaty'' or the ``NPT''), ``to pursue negotiations in good
faith on effective measures relating to cessation of the
nuclear arms race at an early date and to nuclear
disarmament, and on a treaty on general and complete
disarmament under strict and effective international
control'';
(5) the PRC's nuclear weapons expansion is designed to
undermine extended deterrence commitments made by the United
States to allies in the Indo-Pacific region;
(6) Sino-Russian nuclear energy cooperation is designed in
part to generate additional fissile material to help fuel the
PRC's nuclear weapons expansion;
(7) the Chinese Communist Party (CCP) does not share the
United States interest in preventing proliferation and has
been a central contributor to fostering the nuclear weapons
and ballistic missile programs of Pakistan, North Korea, and
Iran;
(8) the United States should not continue to solicit
Chinese participation in arms control talks;
(9) multilateral fora like P-5 meetings of the nuclear-
weapon states (as defined in the Nuclear Nonproliferation
Treaty) are ineffective and are used by the Chinese Communist
Party to create the appearance of cooperation; and
(10) the United States should cease funding and
participating in Track 1.5 dialogues with the PRC on nuclear
weapons, strategic space, and missile defense, which have not
led to beneficial outcomes in government-to-government
discussions on those topics and provide the PRC with insight
and know how into nuclear strategy and other topics without
providing reciprocal insight for the United States.
(b) Defined Term.--In this section, the term ``Track 1.5
dialogue'' means a dialogue or other meeting on a policy
issue or issues that includes nongovernment representatives
and government representatives.
(c) Limitation on Use of Funds.--No amounts appropriated or
otherwise made available to the Department of State or the
Department of Defense may be obligated or expended for any
diplomatic or military-to-military Track 1.5 dialogues on
nuclear, missile defense, or space policy with any entity
under the direct control of the Chinese Communist Party or
the Government of the People's Republic of China, including
the Ministry of Foreign Affairs, the Ministry of Defense, or
the People's Liberation Army of the People's Republic of
China.
______
SA 2664. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. AMENDMENT TO THE MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACT OF 1961.
(a) Exclusion of Government of the People's Republic of
China From Certain Cultural Exchanges; Required Reviews.--
Section 108A of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2458a) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) For purposes of this section, the term `foreign
government' does not include the Government of the People's
Republic of China.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Reviews.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2025, and every 3 years thereafter, subject to
the exception in paragraph (3), the Secretary shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that contains a review of each educational or
cultural exchange program approved in accordance with this
section to ensure such programs continue to adhere to the
purposes set forth in section 101.
``(2) Contents.--The report required under paragraph (1)
shall include--
``(A) information, including agendas or itineraries, of
activities carried out pursuant to programs authorized under
this section during the covered reporting period; and
``(B) with respect to each cultural exchange program, a
written assessment and determination by the Assistant
Secretary of State for Educational and Cultural Affairs and
the Assistant Secretary of State of the regional bureau
responsible for the country or countries in which the
educational or cultural exchange takes place regarding
whether the program continues to adhere to the purposes set
forth in section 101, based on the information collected
pursuant to subparagraph (A) and other relevant information
jointly submitted by such officials.
``(3) White list exception.--
``(A) In general.--For any program that takes place within
a country that is a United States ally or close strategic
partner and has been approved in accordance with this
section, the Department of State, following the
[[Page S4977]]
submission of the second report required under paragraph (1),
may place such program on a list of programs authorized under
this Act that the Secretary determines, in 2 consecutive
reports submitted pursuant to this subsection, have
demonstrated a track record of full compliance with the
purposes set forth in section 101. The list identifying such
programs shall be referred to in this paragraph as the `MECEA
White List'.
``(B) MECEA white list requirements.--The MECEA White List
shall be--
``(i) submitted as an addendum to the review required under
this section; and
``(ii) reviewed not less frequently than every 6 years.
``(C) Exception to review.--The review requirement
described in paragraph (1) shall not apply with respect to
any program that is included on the MECEA White List.
``(D) Countries ineligible for white list.--The MECEA White
List shall not include trips or exchanges to the Bolivarian
Republic of Venezuela, the People's Republic of China, the
Republic of Cuba, or the Russian Federation.
``(4) Rule of construction.--The Secretary is not required
to provide advanced approval of a specific or individual trip
or activity if such trip or activity is undertaken as part of
a program reviewed and approved in accordance with this
section.
``(d) Remediation and Termination.--If the Secretary
determines that a program is no longer in compliance with the
purposes set forth in section 101, the Secretary--
``(1) shall make all efforts to work with the foreign
government with whom the agreement for such program has been
made on remediation to ensure the program is in full
compliance with the purposes set forth in section 101; and
``(2) if the efforts described in paragraph (1) fail to
ensure such compliance, is authorized to suspend or terminate
such program.''.
(b) Reporting Requirements With Respect to Participation by
United States Entities in Cultural Exchange Programs
Involving the People's Republic of China.--The Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451
et seq.) is amended by inserting after section 108A the
following:
``SEC. 108B. REPORTING REQUIREMENTS WITH RESPECT TO
PARTICIPATION BY UNITED STATES ENTITIES IN
CULTURAL EXCHANGE PROGRAMS INVOLVING THE
PEOPLE'S REPUBLIC OF CHINA.
``(a) Sense of Congress.--It is the sense of Congress that
State and local entities in the United States and other
organizations and individuals in the United States who
sponsor, carry out, or otherwise participate in cultural,
educational, or economic exchange programs with the People's
Republic of China should adopt measures to facilitate
rigorous oversight of such programs and corresponding
activities conducted pursuant to such programs, including
compliance with the oversight requirements described in this
section, as applicable.
``(b) Initial Certification to Congress.--Not later than 30
days before entering into an agreement to establish or
reestablish any exchange program that involves the Government
of the People's Republic of China, the Secretary shall
certify to the appropriate congressional committees that--
``(1) establishing or reestablishing such program is in the
national interests of the United States;
``(2) such program will adhere to the purposes set forth in
section 101; and
``(3) the Department of State has established mechanisms
requiring each United States entity supporting or carrying
out such program to submit to the Department of State, not
later than October 30 of each year, a report that includes,
with respect to all programs in which executive branch
employees or nongovernmental employees participated in the
most recently concluded fiscal year--
``(A) the total number of cultural exchange activities
conducted by such entity pursuant to section 108A;
``(B) a description and purpose of each such activity;
``(C) a detailed agenda or itinerary for each such
activity;
``(D) the total number and agency affiliations of the
participants of each such activity;
``(E) any indication of whether any of the participants
during the reporting period participated in another activity
authorized under section 108A that involves the People's
Republic of China during the preceding 2-year period; and
``(F) a summary of any feedback that was collected on a
voluntary basis from participants in an activity authorized
under section 108A, including any actions or behavior by the
People's Republic of China that potentially undermine the
purposes of set forth in section 101; and
``(4) the Department of State has established mechanisms
requiring each United States entity supporting or carrying
out such program to submit to the Department of State, not
less frequently than annually, a report that includes, with
respect to all programs in which legislative branch employees
participate--
``(A) the total number of cultural exchange activities
conducted by the entity pursuant to section 108A;
``(B) a description and purpose of each such activity;
``(C) a detailed agenda or itinerary for each such
activity;
``(D) the total number and congressional affiliations of
the participants of each such activity;
``(E) any indication of whether any of the participants
during the reporting period participated in another activity
authorized under section 108A that involves the People's
Republic of China during the preceding 2-year period; and
``(F) a summary of any feedback that was collected on a
voluntary basis from participants in, or observers of, an
activity authorized under section 108A, including any actions
or behavior by the People's Republic of China that
potentially undermines the purposes set forth in section 101.
``(c) Annual Certification to Congress.--
``(1) In general.--Not later than 1 year after establishing
or reestablishing a cultural exchange program described in
subsection (b), and annually thereafter through September 30,
2029, the Secretary shall submit a certification to the
congressional entities listed in subsection (f)(2) that
indicates whether--
``(A) the continuation of such exchange program is in the
national interests of the United States, including a
justification for such assessment;
``(B) the program is adhering to the purposes set forth in
section 101, including a justification for such assessment;
and
``(C) the mechanisms described in paragraphs (3) and (4) of
subsection (b) provide the Department of State sufficient
transparency and oversight of such program and its
activities, and an explanation of such mechanisms.
``(2) Failure to certify.--If the Secretary fails to
certify that all of the requirements described under
paragraph (1) have been met with respect to a cultural
exchange program described in subsection (b), the Secretary
shall--
``(A) suspend such program until the Secretary is able make
such a certification; or
``(B) terminate the corresponding agreement described in
subsection (b).
``(d) Transparency Report.--
``(1) In general.--The Secretary shall include, with the
annual certification required under subsection (c), a
detailed summary of the reports received pursuant to
paragraphs (3) and (4) of subsection (b) from United States
entities that are carrying out or otherwise participating in
a cultural exchange program that involves the Government of
the People's Republic of China.
``(2) Matters to be included.--The summary required under
paragraph (1) shall include, with respect to the reporting
period--
``(A) the total number of cultural exchange programs
conducted;
``(B) the total number of participants in such cultural
exchange programs;
``(C) a list of the agency that employs each such
participant;
``(D) an overview of such cultural exchange programs,
including the inclusion of not fewer than 3 sample
itineraries or agendas and illustrative examples of
activities in which participants engaged;
``(E) an assessment of whether such cultural programs
comply with purposes set forth in section 101, including a
description of any noticeable deviations from such purposes;
``(F) a description of all actions taken by the Department
of State to remediate deviations from such purposes; and
``(G) a detailed rationale for continuing each such program
despite any deviations described in such summary.
``(3) Form of report.--The summary required under paragraph
(1) shall be submitted in unclassified form.
``(e) Failure of United States Entity to Report.--The
Secretary shall promulgate regulations to disqualify any
United States entity from carrying out any activities
associated with a cultural exchange program described in
subsection (b) if such entity fails to comply with the
reporting requirements described in subsection (b)(4) until
the sooner of--
``(1) 1 year after the first day of such disqualification;
or
``(2) the date on which such entity is in full compliance
with the reporting requirements described in subsection
(b)(4).
``(f) Additional Matters.--
``(1) Notification requirement.--Any legislative branch
employee who participates in an activity covered by an
agreement described in subsection (b) with the People's
Republic of China shall notify the congressional entities
listed in paragraph (2)--
``(A) not later than 10 days before the beginning of such
activity, of the dates of travel, the agenda or itinerary of
such activity as of the date of submission, and an indication
of whether the employee has participated in an activity
covered by such an agreement during either of the preceding 2
calendar years; and
``(B) not later than 10 days after the end of such
activity, of the final agenda or itinerary relating to such
activity.
``(2) Congressional entities.--The congressional entities
listed in this paragraph are--
``(A) the Majority Leader of the Senate;
``(B) the Minority Leader of the Senate;
``(C) the Select Committee on Ethics of the Senate;
``(D) the Committee on Foreign Relations of the Senate;
``(E) the Speaker of the House of Representatives;
``(F) the Minority Leader of the House of Representatives;
[[Page S4978]]
``(G) the Committee on Ethics of the House of
Representatives; and
``(H) the Committee on Foreign Affairs of the House of
Representatives.
``(3) Monitoring.--In order to monitor and evaluate
activities covered by an agreement described in subsection
(b) to ensure compliance with the purposes set forth in
section 101, United States diplomats shall be permitted to
observe activities in which--
``(A) executive branch employees participate; or
``(B) legislative branch employees participate, with the
concurrence of such legislative branch employees.
``(g) Rulemaking.--The Secretary shall promulgate
regulations to carry out this section.''.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State $45,000,000,
for fiscal year 2025, for the purposes of exchange support
within the Bureau of Educational and Cultural Affairs,
including creating 1 new position to support the
implementation and oversight of programs authorized under the
Mutual Educational and Cultural Exchange Act of 1961, as
amended by this section.
______
SA 2665. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. PREDATORY PRICING BY ENTITIES OWNED, CONTROLLED,
OR DIRECTED BY A FOREIGN STATE.
(a) Prohibited Acts.--
(1) In general.--Any entity owned, controlled, or directed
by a foreign state or an agent or instrumentality of a
foreign state (as defined in section 1603 of title 28, United
States Code) that participates in international commerce may
not establish or set prices below the average variable cost
in a manner that may foreseeably harm competition.
(2) Economic support.--In determining the average variable
cost under paragraph (1), the court may take into account the
effects of economic support provided by the owning or
controlling foreign state to the entity on a discriminatory
basis that may allow the entity to unfairly price at or below
marginal cost.
(3) Government subsidies.--In determining the
foreseeability of the elimination of market competitors under
paragraph (1), the court may take into account the
aggravating factor of the actions of the foreign state owning
or controlling the entity referred to in such paragraph to
use government resources to subsidize or underwrite the
losses of the entity in a manner that allows the entity to
sustain the predatory period and recoup its losses.
(4) Market power not required.--For the purpose of
establishing the elements described in paragraph (1), the
plaintiff shall not be required to demonstrate that the
defendant has monopoly or market power.
(b) Recovery of Damages.--Any person (as defined in section
1(a) of the Clayton Act (15 U.S.C. 12(a)) whose business or
property is injured as a result of the actions of an entity
described in subsection (a) shall be entitled to recovery
from the defendant for damages and other related costs under
section 4 of such Act (15 U.S.C. 15).
(c) Elements of Prima Facie Case.--A plaintiff may initiate
a claim against a defendant in an appropriate Federal court
for a violation of subsection (a) in order to recover damages
under subsection (b) by--
(1) establishing, by a preponderance of the evidence, that
the defendant--
(A) is a foreign state or an agency or instrumentality of a
foreign state (as defined in section 1603 of title 28, United
States Code); and
(B) is not immune from the jurisdiction of the Federal
court pursuant to section 1605(a)(2) of title 28, United
States Code; and
(2) setting forth sufficient evidence to establish a
reasonable inference that the defendant has violated
subsection (a).
(d) Court Determination Leading to Evidentiary Burden
Shifting to Defendant.--If a Federal court finds that a
plaintiff has met its burden of proof under subsection (c),
the court may determine that--
(1) the plaintiff has established a prima facie case that
the conduct of the defendant is in violation of subsection
(a); and
(2) the defendant has the burden of rebutting such case by
establishing that the defendant is not in violation of
subsection (a).
(e) Filing of Amicus Briefs by the Department of State and
Department of Justice Regarding International Comity and Harm
to Competition.--
(1) In general.--For the purposes of considering questions
of international comity with respect to making decisions
regarding commercial activity and the scope of applicable
sovereign immunity, the Federal court may receive and
consider relevant amicus briefs filed by the Secretary of
State.
(2) Attorney general.--For the purposes of considering
questions regarding assessing potential harm to competition,
the Federal court may receive and consider relevant amicus
briefs filed by the Attorney General.
(3) Savings provision.--Nothing in paragraph (1) may be
construed to limit the ability of the Federal court to
receive and consider any other amicus briefs.
______
SA 2666. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN
FUNDING.
(a) Definitions.--In this section:
(1) Covered organization.--The term ``covered
organization'' means any United States think tank that--
(A) receives at least $2,500 in funding from the Department
in a single fiscal year;
(B) has significant participation in more than 3
Department-hosted events in a fiscal year that relate to a
subject or purpose for which the covered source of funding
was provided to the covered organization; or
(C) hosts an event, panel, presentation, or meeting with
any Department official at the Office Director level or above
more than 3 times in a fiscal year on a subject or purpose
for which the covered source of funding was provided to the
covered organization.
(2) Foreign governmental entity.--The term ``foreign
governmental entity'' means--
(A) any department, agency, or other entity of a foreign
government at the national, regional, or local level;
(B) any governing party or coalition of a foreign
government at the national, regional, or local level;
(C) any entity majority-owned or majority-controlled by a
foreign government at the national, regional, or local level;
or
(D) any company, economic project, cultural organization,
exchange program, or nongovernmental organization that is
more than 33 percent owned or controlled by the government of
such country, or their advisors, consultants, or
representatives.
(3) Think tank.--The term ``think tank'' means a stand-
alone institution, organization, corporation, or group that
studies public policy issues with the primary objective of
providing information, ideas, and recommendations to United
States Government entities regarding the development and
implementation of policy.
(b) Rulemaking.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
develop and promulgate regulations requiring covered
organizations to submit an annual disclosure to the Under
Secretary of State for Management that describes--
(A) any funding, cooperative research or staffing
agreements, or joint projects received from or executed with
the covered sources of funding specified in paragraph (2) the
purpose or subject of which relates to a topic such covered
organizations engage on with the Department; and
(B) any practices or processes undertaken by a covered
organization to ensure that its research agenda or products
are not influenced by foreign donors.
(2) Covered sources of funding.--The sources of funding
referred to in paragraph (1) are foreign governmental
entities and political parties from the People's Republic of
China or from the Russian Federation.
(c) Report.--Not later than 120 days after the effective
date of the regulations promulgated pursuant to subsection
(b), the Secretary of State shall submit a report to the
appropriate congressional committees that describes--
(1) the status of implementing such regulations and any
challenges or obstacles to implementation;
(2) the offices within the Department responsible for
implementing the regulations; and
(3) any recommendations to improve upon such regulations.
______
SA 2667. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. A PLAN TO ENGAGE COUP COUNTRIES IN THE SAHEL AND
CENTRAL AND WEST AFRICA TO RETURN TO CIVILIAN
DEMOCRATIC RULE.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate committees of Congress a plan to engage with
coup countries in the Sahel, Central Africa, and West Africa
to promote the return to civilian democratic rule.
(b) Matters To Be Included.--The plan required by
subsection (a) shall include the following:
[[Page S4979]]
(1) An assessment of the country-specific and overarching
themes and contributing factors to the coup d'etats in
countries in the Sahel and Central and West Africa,
including--
(A) the policies and practices of the United States and
United States partners and allies that may have contributed
to the erosion of democratic institutions and public trust in
civilian governments of coup countries; and
(B) the actions taken by the militaries of the coup
countries.
(2) An identification of United States national security
priorities in each coup country in the Sahel, Central Africa,
and West Africa.
(3) An assessment of efforts by Russia, Iran, the People's
Republic of China, and other global and regional malign
actors to undermine the return to civilian democratic rule in
coup countries in the Sahel, Central Africa, and West Africa,
along with a plan to counter such efforts through United
States public and private diplomacy and assistance programs.
(4) A description of planned public and private diplomatic
engagements to support efforts by civilians, civil society,
and the governments of coup countries in the Sahel, Central
Africa, and West Africa to return to civilian democratic
rule.
(5) A description of interagency coordination mechanisms
and efforts to develop and execute a unified strategy and
response by the United States Government to support the
return to civilian democratic rule in coup countries in the
Sahel, Central Africa, and West Africa.
(6) An identification of United States assistance and
programs aimed at supporting the return to civilian
democratic rule in coup countries in the Sahel, Central
Africa, and West Africa.
(7) A description of how United States assistance programs
have been used to address the needs of civilians, civil
society, and political groups, as well as the commitments by
the governments of coup countries in the Sahel, Central
Africa, and West Africa to return to civilian democratic
rule, including an assessment of the challenges and
opportunities for engagement and support by the United States
and United States partners and allies.
(8) A description of the application of coup-related
restrictions (including the authority to resume assistance
under section 7008 of the Consolidated Appropriations Act,
2022 (Public Law 117-103; 136 Stat. 593)) to coup countries
in the Sahel, Central Africa, and West Africa, including an
assessment of the effectiveness and challenges in using such
restrictions and authorities, as well as a strategy for
applying the authority under such section 7008 to each such
country to encourage or hold accountable the efforts by the
governments of such countries to return to civilian
democratic rule.
(9) A description of plans to coordinate United States
efforts with France, the European Union, the United Nations,
the African Union, the Economic Community of West African
States (ECOWAS), and partner nations in the region to support
the return to civilian democratic rule in coup countries in
the Sahel, Central Africa, and West Africa.
(10) A description of efforts undertaken by coup countries
in the Sahel, Central Africa, and West Africa to return to
civilian democratic rule, including unmet commitments and
opportunities for engagement by the United States and United
States partners and allies.
(11) Any other matters that the Secretary considers to be
relevant.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Coup country.--The term ``coup countr y''--
(A) means any country within the Sahel, West Africa, or
Central Africa regions in which the duly elected head of
government has been removed from office by a military coup
d'etat, decree, or any similar action in which the military
played a decisive role (within the meaning of the terms under
section 7008 of the Consolidated Appropriations Act, 2022
(Public Law 117-103; 136 Stat. 593); and
(B) includes--
(i) Burkina Faso;
(ii) Gabon;
(iii) Guinea;
(iv) Mali; and
(v) Niger.
______
SA 2668. Mr. RISCH (for himself and Mr. Bennet) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--VENEZUELAN DEMOCRACY ACT
SECTION 1701. SHORT TITLE.
This title may be cited as the ``Venezuelan Democracy
Act''.
SEC. 1702. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to seek a peaceful transition to democracy in Venezuela
through support for the people of Venezuela and the careful
application of sanctions directed at the regime of Nicolas
Maduro and any nondemocratic successor;
(2) to seek the cooperation of other democratic countries
in supporting a transition described in paragraph (1);
(3) to stop the evasion of United States sanctions on the
Maduro regime and to seek the speedy termination of any
remaining military, security, or technical assistance,
subsidies, or other forms of assistance to the Maduro regime
and any nondemocratic successor from the government of any
other country, including the governments of the Republic of
Cuba, the Islamic Republic of Iran, the Russian Federation,
and the People's Republic of China;
(4) to maintain sanctions on the Maduro regime so long as
it continues to refuse to move toward democratization and
greater respect for internationally recognized human rights;
and
(5) to be prepared to reduce the sanctions imposed with
respect to Venezuela in carefully calibrated ways in response
to demonstrable progress toward democratization in Venezuela
as described in paragraph (1).
SEC. 1703. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.
Subtitle A--Determinations of a Transition Government or Democratically
Elected Government in Venezuela
SEC. 1711. DETERMINATIONS OF A TRANSITION GOVERNMENT OR
DEMOCRATICALLY ELECTED GOVERNMENT IN VENEZUELA.
(a) In General.--Upon making a determination that a
transition government or a democratically elected government
is in power in Venezuela, the President shall submit that
determination to the appropriate congressional committees.
(b) Requirements for Determining a Transition Government Is
in Power in Venezuela.--
(1) In general.--For the purposes of making a determination
under subsection (a), a transition government in Venezuela is
a government that--
(A) shows respect for the basic civil liberties and
internationally recognized human rights of the citizens of
Venezuela;
(B) has fully reinstated all members of the National
Assembly convened on January 6, 2016, following democratic
elections that were held on December 6, 2015;
(C) has lifted the order of contempt issued by the
Venezuelan Supreme Tribunal of Justice (TSJ) on January 11,
2016, against the National Assembly convened on January 6,
2016, including by restoring all powers of said National
Assembly and the immunities for deputies;
(D) has ceased to interfere with the functioning of all
political parties and candidates, including by lifting all
judicial interventions of political parties and restrictions
on all presidential candidates;
(E) has released all political prisoners and allowed for
investigations of Venezuelan prisons by appropriate
international human rights organizations;
(F) has dissolved the Colectivos and any state security and
intelligence service credibly accused of committing gross
violations of human rights;
(G) has made public commitments to organizing free and fair
elections for a new government--
(i) to be held in a timely manner within a period not to
exceed 24 months after the transition government assumes
power;
(ii) with the participation of all candidates and political
parties with full access to the media on an equal basis,
including in the case of radio, television, or other
telecommunications media, in terms of allotments of time for
such access and the times of day such allotments are given;
and
(iii) to be conducted under the supervision of observers
from the Organization of American States, the United Nations,
and other internationally recognized election observers;
(H) makes public commitments to and is making demonstrable
progress in--
(i) establishing an independent judiciary;
(ii) respecting internationally recognized human rights and
fundamental freedoms as set forth in the Universal
Declaration of Human Rights, to which Venezuela is a
signatory; and
(iii) allowing the establishment of independent social,
economic, and political associations; and
(I) does not include Nicolas Maduro or any persons--
(i) with respect to which sanctions have been imposed by
the Office of Foreign Assets Control; or
(ii) sought by the United States Department of Justice.
(2) Additional factors.--In addition to the requirements
set forth in paragraph (1), in determining under subsection
(a) whether
[[Page S4980]]
a transition government is in power in Venezuela, the
President shall take into account the extent to which that
government--
(A) has made public commitments to, and is making
demonstrable progress in--
(i) effectively guaranteeing the rights of free speech and
freedom of the press, including granting permits to privately
owned media and telecommunications companies to operate in
Venezuela;
(ii) implementing the recommendations included in the Final
Report of the European Union Election Observation Mission to
observe the regional and municipal elections on November 21,
2021, in Venezuela; and
(iii) assuring the right to private property;
(B) is taking genuine efforts to extradite or otherwise
render to the United States all persons sought by the United
States Department of Justice for crimes committed in the
United States;
(C) is not providing any support to any group, in any other
country, that seeks the violent overthrow of the government
of that country; and
(D) has permitted the deployment throughout Venezuela of
independent and unfettered international human rights
monitors.
(c) Requirements for Determining a Democratically Elected
Government Is in Power in Venezuela.--For the purposes of
making a determination under subsection (a), a democratically
elected government in Venezuela is a government that, in
addition to meeting the requirements of subsection (b)--
(1) results from free and fair elections--
(A) conducted under the supervision of internationally
recognized election observers; and
(B) in which--
(i) all candidates were allowed to participate;
(ii) opposition parties were permitted ample time to
organize and campaign for such elections; and
(iii) all candidates were permitted full access to the
media;
(2) is showing respect for the basic civil liberties and
internationally recognized human rights of the citizens of
Venezuela;
(3) is committed to making constitutional changes that
would ensure regular free and fair elections and the full
enjoyment of basic civil liberties and internationally
recognized human rights by the citizens of Venezuela;
(4) has made demonstrable progress in establishing an
independent judiciary; and
(5) has freed all wrongfully detained United States
nationals.
Subtitle B--Promoting Democratic Change in Venezuela
SEC. 1721. UNITED STATES POLICY REGARDING MEMBERSHIP OF
VENEZUELA IN INTERNATIONAL FINANCIAL
INSTITUTIONS.
(a) In General.--Except as provided in subsection (b)(1),
the Secretary of the Treasury shall instruct the United
States executive director of each covered international
financial institution to use the voice and vote of the United
States to oppose the admission of Venezuela as a member of
that institution until the President submits to the
appropriate congressional committees a determination under
section 1711(a) that a democratically elected government is
in power in Venezuela.
(b) Steps After Transition Government in Power.--On and
after the date on which the President submits to the
appropriate congressional committees a determination under
section 1711(a) that a transition government is in power in
Venezuela--
(1) the President is encouraged to take steps to support
the processing of the application of Venezuela for membership
in any covered international financial institution, subject
to the membership taking effect after a democratically
elected government is in power in Venezuela; and
(2) the Secretary of the Treasury is authorized to instruct
the United States executive director of each covered
international financial institution to support loans or other
assistance to Venezuela only to the extent that such loans or
assistance contribute to a stable foundation for a
democratically elected government in Venezuela.
(c) Reduction in United States Payments to International
Financial Institutions.--
(1) In general.--If a covered international financial
institution approves a loan or other assistance to the regime
of Nicolas Maduro or any nondemocratic successor government
over the opposition of the United States, the Secretary of
the Treasury shall withhold from payment to that institution
an amount equal to the amount of the loan or other
assistance, from either of the following types of payment:
(A) The paid-in portion of the increase in capital stock of
the institution.
(B) The callable portion of the increase in capital stock
of the institution.
(2) Waiver.--The President may waive the requirement under
paragraph (1) if the President, not later than 10 days before
the waiver is to take effect, determines and certifies to the
appropriate congressional committees that such a waiver is in
the national interest of the United States. The President
shall submit with the certification a detailed justification
explaining the reasons for the waiver.
(d) Covered International Financial Institution Defined.--
In this section, the term ``covered international financial
institution'' means each of the following:
(1) The International Monetary Fund.
(2) The International Bank for Reconstruction and
Development.
(3) The International Development Association.
(4) The International Finance Corporation.
(5) The Multilateral Investment Guarantee Agency.
(6) The Inter-American Development Bank.
SEC. 1722. UNITED STATES POLICY REGARDING MEMBERSHIP OF
VENEZUELA IN THE ORGANIZATION OF AMERICAN
STATES.
The President shall instruct the United States Permanent
Representative to the Organization of American States to use
the voice and vote of the United States to oppose any measure
that would allow a nondemocratic Government of Venezuela to
participate in the Organization of American States until the
President submits to the appropriate congressional committees
a determination under section 1711(a) that a democratically
elected government is in power in Venezuela.
SEC. 1723. AUTHORIZATION OF SUPPORT FOR DEMOCRATIC AND HUMAN
RIGHTS GROUPS AND INTERNATIONAL OBSERVERS.
(a) In General.--Notwithstanding any other provision of law
(other than section 634A of the Foreign Assistance Act of
1961 (22 U.S.C. 2394-1) or any comparable notification
requirement contained in any Act making appropriations for
the Department of State, foreign operations, and related
programs), the President may provide assistance and other
support for individuals and independent nongovernmental
organizations to support democracy-building efforts in
Venezuela, including as described in subsections (b) and (c).
(b) Organization of American States Emergency Fund.--
(1) For support of internationally recognized human rights
and free and fair elections.--The President shall take the
necessary steps to encourage the Organization of American
States to create a special emergency fund for the explicit
purpose of deploying human rights observers and individuals
and organizations engaged in election support and election
observation in Venezuela.
(2) Voluntary contributions for fund.--The President should
provide not less than $5,000,000 of the voluntary
contributions of the United States to the Organization of
American States solely for the purposes of the special fund
referred to in paragraph (1).
(c) Action of Other Member States.--The President should
instruct the United States Permanent Representative to the
Organization of American States to encourage other member
states of the Organization to join in calling for the
Government of Venezuela to allow the immediate deployment of
independent human rights monitors of the Organization of
American States throughout Venezuela and on-site visits to
Venezuela by the Inter-American Commission on Human Rights.
(d) Denial of Funds to Government of Venezuela.--In
implementing this section, the President shall take all
necessary steps to ensure that no funds or other assistance
is provided to a nondemocratic Government of Venezuela.
SEC. 1724. SUPPORT FOR THE PEOPLE OF VENEZUELA.
The President--
(1) may, pursuant to General License 29 of the Office of
Foreign Assets Control of the Department of the Treasury,
provide assistance through independent nongovernmental
organizations to support humanitarian projects in Venezuela--
(A) to meet basic human needs;
(B) to build democracy;
(C) to provide education;
(D) for non-commercial development projects; and
(E) for environmental protection; and
(2) shall establish safeguards to ensure that any
assistance provided pursuant to paragraph (1) is--
(A) not providing material benefit to the Maduro regime;
and
(B) used for the purposes for which it was intended and
only for the use and benefit of the people of Venezuela
Subtitle C--Sanctions
SEC. 1731. DEFINITIONS.
In this subtitle:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or organization.
(2) Government of venezuela.--The term ``Government of
Venezuela'' includes--
(A) the state and Government of Venezuela;
(B) any political subdivision, agency, or instrumentality
thereof, including the Central Bank of Venezuela and
Petroleos de Venezuela, S.A.;
(C) any person owned or controlled, directly or indirectly,
by an entity described in subparagraph (A) or (B); and
(D) any person that has acted or purported to act directly
or indirectly for or on behalf of, an entity described in
subparagraph (A), (B), or (C), including as a member of the
regime of Nicolas Maduro or any nondemocratic successor
government in Venezuela.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or alien lawfully admitted for
permanent residence to the United States;
(B) any entity organized under the laws of the United
States or any jurisdiction within
[[Page S4981]]
the United States (including a foreign branch of any such
entity); and
(C) any person physically located in the United States.
SEC. 1732. BLOCKING INTERNATIONAL SUPPORT FOR A NONDEMOCRATIC
GOVERNMENT IN VENEZUELA.
(a) Venezuelan Trading Partners.--The President should
encourage the governments of countries that conduct trade
with Venezuela to restrict their trade and credit relations
with Venezuela in a manner consistent with the purposes of
this title.
(b) Sanctions Against Countries Assisting a Nondemocratic
Government in Venezuela.--
(1) In general.--The President may impose the following
sanctions with respect to any country that provides
assistance to the regime of Nicolas Maduro or any
nondemocratic successor government in Venezuela:
(A) The President may determine that the government of such
country is not eligible for nonhumanitarian assistance under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
or assistance or sales under the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(B) The President may determine that the country is not
eligible, under any program, for forgiveness or reduction of
debt owed to the United States Government.
(2) Termination.--This section, and any sanctions imposed
pursuant to this section, shall cease to apply at such time
as the President submits to the appropriate congressional
committees a determination under section 1711(a) that a
democratically elected government is in power in Venezuela.
(c) Definitions.--In this section:
(1) Assistance to venezuela.--The term ``assistance to
Venezuela''--
(A) means assistance to or for the benefit of the
Government of Venezuela that is provided by grant,
concessional sale, guaranty, or insurance, or by any other
means on terms more favorable than that generally available
in the applicable market, whether in the form of a loan,
lease, credit, or otherwise;
(B) includes--
(i) subsidies for exports to Venezuela;
(ii) favorable tariff treatment of articles that are the
growth, product, or manufacture of Venezuela; and
(iii) an exchange, reduction, or forgiveness of debt owed
by the Government of Venezuela to a foreign country in return
for a grant of an equity interest in a property, investment,
or operation of the Government of Venezuela (including any
agency or instrumentality of the Government of Venezuela) or
a national of Venezuela; and
(C) does not include--
(i) humanitarian assistance, including donations of food,
made available to nongovernmental organizations or
individuals in Venezuela; or
(ii) exports of medicines or medical supplies, instruments,
or equipment permitted under section 1724(c).
(2) Agency or instrumentality of the government of
venezuela.--The term ``agency or instrumentality of the
Government of Venezuela'' has the meaning given the term
``agency or instrumentality of a foreign state'' in section
1603(b) of title 28, United States Code, except that each
reference in such section to ``a foreign state'' shall be
deemed to be a reference to ``the Government of Venezuela''.
SEC. 1733. FINANCIAL SANCTIONS WITH RESPECT TO DEBT
INSTRUMENTS OF MADURO REGIME.
(a) Prohibition of Certain Transactions.--
(1) In general.--Beginning on the date of the enactment of
this Act, all transactions by a United States person or
within the United States that relate to, provide financing
for, or otherwise deal in debt instruments issued by, for, or
on behalf of Petroleos de Venezuela, S.A., or the regime of
Nicolas Maduro or any nondemocratic successor government in
Venezuela, are prohibited.
(2) Inclusions.--The prohibition under paragraph (1)
includes a prohibition on--
(A) entering into any transaction in--
(i) debt instruments with a maturity of more than 90 days
issued by Petroleos de Venezuela, S.A., on or after the date
of the enactment of this Act;
(ii) debt instruments with a maturity of more than 30 days
or equity issued by the Maduro regime on or after such date
of enactment, other than debt instruments issued by Petroleos
de Venezuela, S.A., covered by subparagraph (A);
(iii) bonds issued by the Maduro regime before such date of
enactment; or
(iv) dividend payments or other distributions of profits to
the Maduro regime from any entity owned or controlled,
directly or indirectly, by the Maduro regime;
(B) the direct or indirect purchase of securities from the
Maduro regime, other than--
(i) securities qualifying as debt instruments issued by
Petroleos de Venezuela, S.A., covered by paragraph (1)(A);
and
(ii) securities qualifying as debt instruments issued by
the Maduro regime covered by paragraph (1)(B);
(C) purchasing any debt owed to the Maduro regime,
including accounts receivable;
(D) entering into any transaction related to any debt owed
to the Maduro regime that is pledged as collateral after May
21, 2018, including accounts receivable;
(E) entering into any transaction involving the selling,
transferring, assigning, or pledging as collateral by the
Maduro regime of any equity interest in any entity in which
the Maduro regime has a 50 percent or greater ownership
interest; and
(F) entering into any transaction that evades or avoids,
has the purpose of evading or avoiding, causes a violation
of, or attempts to violate any of the prohibitions set forth
in this subsection.
(b) Rulemaking.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State, may take such
actions, including prescribing rules and regulations, as are
necessary to implement this section.
(2) Delegation.--The Secretary of the Treasury may
redelegate the authority described in paragraph (1) to other
officers and agencies of the United States Government.
(c) Responsibility of Other Agencies.--All agencies of the
United States Government shall take all appropriate measures
within their authority to carry out the provisions of this
section.
SEC. 1734. SANCTIONS WITH RESPECT TO CRYPTOCURRENCY AND
RELATED TECHNOLOGIES IN VENEZUELA.
(a) Prohibition of Certain Transactions.--
(1) In general.--Beginning on the date of the enactment of
this Act, the following transactions are prohibited:
(A) Any transaction by a United States person or within the
United States that relates to, provides financing for, or
otherwise deals in any digital currency, digital coin, or
digital token, that was issued by, for, or on behalf of the
regime of Nicolas Maduro or any nondemocratic successor
government.
(B) Any transaction that evades or avoids, has the purpose
of evading or avoiding, causes a violation of, or attempts to
violate the prohibition under subparagraph (A).
(2) Applicability.--The prohibitions under paragraph (1)
shall apply--
(A) to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued pursuant
to this section; and
(B) notwithstanding any contract entered into or any
license or permit granted before the date of the enactment of
this Act.
(b) Rulemaking.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State, may take such
actions, including prescribing rules and regulations, as are
necessary to implement this section.
(2) Delegation.--The Secretary of the Treasury may
redelegate the authority described in paragraph (1) to other
officers and agencies of the United States Government.
(c) Responsibility of Other Agencies.--All agencies of the
United States Government shall take all appropriate measures
within their authority to carry out the provisions of this
section.
SEC. 1735. BLOCKING PROPERTY OF THE GOVERNMENT OF VENEZUELA.
(a) Blocking of Property.--The President shall exercise all
powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
all property and interests in property of the Government of
Venezuela and any person described in subsection (b) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(b) Persons Described.--A person described in this
subsection is any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State--
(1) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of, any person--
(A) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control; and
(B) the property and interests in property of which are
blocked pursuant to subsection (a); or
(2) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or indirectly,
any person the property and interests in property of which
are blocked pursuant to subsection (a).
(c) Prohibitions on Evasion.--Any transaction that evades
or avoids, has the purpose of evading or avoiding, causes a
violation of, or attempts to violate, the prohibition under
subsection (a) is prohibited.
(d) Applicability.--Subsection (a) and the prohibition
under subsection (c) shall apply--
(1) to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued pursuant
to this section; and
(2) notwithstanding any contract entered into or any
license or permit granted before the date of the enactment of
this Act.
(e) Rulemaking.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State, may take such
actions, including prescribing rules and regulations, as are
necessary to implement this section.
(2) Delegation.--The Secretary of the Treasury may
redelegate the authority described in paragraph (1) to other
officers and agencies of the United States Government.
(f) Responsibility of Other Agencies.--All agencies of the
United States Government shall take all appropriate measures
within their authority to carry out the provisions of this
section.
[[Page S4982]]
SEC. 1736. SUSPENSION AND TERMINATION OF SANCTIONS.
(a) Authority to Suspend Sanctions if Transition Government
in Power.--Upon submitting to the appropriate congressional
committees a determination under section 1711(a) that a
transition government is in power in Venezuela, the
President, after consultation with Congress, may take steps
to suspend the sanctions imposed under this subtitle, to the
extent that such steps contribute to a stable foundation for
a democratically elected government in Venezuela.
(b) Termination of Sanctions if Democratically Elected
Government in Power.--Upon submitting to the appropriate
congressional committees a determination under section
1711(a) that a democratically elected government is in power
in Venezuela, the President shall take steps to terminate the
sanctions imposed under this subtitle.
(c) Review of Suspension of Sanctions.--
(1) Reporting requirements.--If the President takes action
under subsection (a) to suspend the sanctions imposed under
this subtitle, the President shall--
(A) immediately notify Congress of that action; and
(B) submit to Congress, not less frequently than every 180
days thereafter until the President submits to the
appropriate congressional committees a determination under
section 1711(a) that a democratically elected government is
in power in Venezuela, a report on the progress being made by
Venezuela toward the establishment of a democratically
elected government.
(2) Congressional review.--
(A) Joint resolution of disapproval defined.--In this
paragraph, the term ``joint resolution of disapproval'' means
a joint resolution, the sole matter after the resolving
clause of which is as follows: ``That Congress disapproves
the action of the President under section 1736(a) of the
Venezuelan Democracy Act to suspend the sanctions imposed
under subtitle B of that Act, notice of which was submitted
to the Congress on ____.'', with the blank space being filled
with the date on which the President notified Congress with
respect to the action under paragraph (1)(A).
(B) Effect of enactment.--An action taken by the President
under subsection (a) shall cease to be effective upon the
enactment of a joint resolution of disapproval with respect
to that action.
(C) Referral to committees.--
(i) Senate.--A joint resolution of disapproval introduced
in the Senate shall be referred to the Committee on Foreign
Relations.
(ii) House of representatives.--A joint resolution of
disapproval introduced in the House of Representatives shall
be referred to the Committee on Foreign Affairs.
(D) Procedures.--
(i) Senate.--A joint resolution of disapproval shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat.
765).
(ii) House of representatives.--For the purpose of
expediting the consideration and enactment of a joint
resolution of disapproval, a motion to proceed to the
consideration of such a resolution after it has been reported
by the appropriate committee under subparagraph (C) shall be
treated as highly privileged in the House of Representatives.
(iii) Limitation.--Not more than one joint resolution of
disapproval may be considered in the Senate and the House of
Representatives in--
(I) the 180-day period beginning on the date on which the
President notifies Congress under paragraph (1)(A) with
respect to action taken under subsection (a); and
(II) each 180-day period thereafter.
(E) Rules of house of representatives and senate.--This
paragraph is enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
(ii) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 1737. IMPLEMENTATION; PENALTIES.
(a) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this subtitle.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(3) Waiver.--The President may waive the application of
sanctions under this subtitle with respect to a foreign
person if the President, not later than 10 days before the
waiver is to take effect, determines and certifies to the
appropriate congressional committees that such a waiver is in
the vital national security interest of the United States.
The President shall submit with the certification a detailed
justification explaining the reasons for the waiver.
SEC. 1738. REPORT ON SPECIFIC LICENSES THAT AUTHORIZE
TRANSACTIONS WITH SANCTIONED PERSONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of the Treasury, in coordination with the Secretary
of State, shall submit to the committees specified in
subsection (c) a report that includes a list of specific
licenses issued by the Secretary of the Treasury during the
period specified in paragraph (2) that authorize any
transaction with a person with respect to which sanctions
have been imposed under section 1733, 1734, or 1735.
(2) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report required by paragraph
(1), the 180-day period preceding submission of the report;
and
(B) in the case of any subsequent report required by that
paragraph, the 90-day period preceding submission of the
report.
(b) Submission of Copies of Licenses on Request.--The
Secretary of the Treasury shall expeditiously provide to the
committees specified in subsection (c) a copy of any license
identified in a report submitted under subsection (a) if an
appropriate Member of Congress requests a copy of that
license not later than 60 days after the report is submitted.
(c) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1739. REPORT ON FOREIGN PERSONS DOING BUSINESS WITH THE
MADURO REGIME.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
heads of other relevant Federal agencies, shall submit to the
appropriate congressional committees a report that identifies
any foreign person that--
(1) engages in or has engaged in a significant transaction
or transactions, or any other dealings with, or has provided
material support to or for--
(A) the Government of Venezuela;
(B) any person the President determines to be knowingly
responsible for or complicit in, or responsible for ordering,
controlling, or otherwise directing, or to have participated
in, directly or indirectly--
(i) actions or policies that significantly undermine
democratic processes or institutions;
(ii) significant acts of violence or conduct that
constitute serious human rights abuse, including against
persons involved in antigovernment protests in Venezuela on
or after February 1, 2014;
(iii) actions that prohibit, limit, or penalize the
exercise of freedom of expression or peaceful assembly; or
(iv) significant public corruption by senior officials
within the Government of Venezuela; or
(C) any entity that has, or whose members have, engaged in
any activity described in subparagraph (B);
(2) operates in the mining, financial, energy, shipping, or
shipbuilding sector of the economy of Venezuela;
(3) operates in the ports, free trade zones, or special
economic zones of Venezuela;
(4) is owned or controlled by a foreign person described in
paragraph (1), (2), or (3); or
(5) has knowingly materially assisted, sponsored, or
provided significant financial, material, or technological
support for, or goods or services in support of, a foreign
person described in paragraph (1), (2), or (3).
Subtitle D--Assistance to a Free and Independent Venezuela
SEC. 1751. ASSISTANCE FOR THE PEOPLE OF VENEZUELA.
(a) Plans for Providing Assistance.--
(1) Development of plans.--
(A) In general.--The President shall develop--
(i) a plan for providing assistance to Venezuela under a
transition government; and
(ii) a plan for providing assistance to Venezuela under a
democratically elected government.
(B) Strategy for distribution.--Each plan developed under
subparagraph (A) shall include a strategy for distributing
assistance under the plan.
(2) Types of assistance.--
(A) Transition government.--
(i) In general.--Except as provided in clause (ii),
assistance to Venezuela under a transition government under
the plan developed under paragraph (1)(A)(i) shall be limited
to--
(I) such food, medicine, medical supplies and equipment,
and assistance to meet emergency energy needs, as is
necessary to meet the basic human needs of the people of
Venezuela; and
(II) assistance described in subparagraph (C).
(ii) Additional assistance.--Assistance in addition to
assistance under clause (i) may be provided to Venezuela
under a transition government if the President certifies to
the
[[Page S4983]]
appropriate congressional committees, in accordance with
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1), that such assistance is essential to the successful
and timely completion of the transition to democracy.
(B) Democratically elected government.--Assistance to
Venezuela under a democratically elected government provided
pursuant to the plan developed under paragraph (1)(A)(ii) may
include, in addition to assistance available under
subparagraphs (A) and (C)--
(i) assistance under--
(I) chapter 1 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) (relating to development
assistance); and
(II) chapter 4 of part II of that Act (22 U.S.C. 2346 et
seq.) (relating to the economic support fund);
(ii) assistance under the Food for Peace Act (7 U.S.C. 1691
et seq.);
(iii) financing, guarantees, and other forms of assistance
provided by the Export-Import Bank of the United States;
(iv) assistance provided by the Trade and Development
Agency; and
(v) Peace Corps programs.
(C) Military adjustment assistance.--Assistance to a
transition government in Venezuela and to a democratically
elected government in Venezuela may also include assistance
in preparing the Venezuelan military forces to adjust to an
appropriate role in a democracy.
(3) Distribution.--Assistance under a plan developed under
paragraph (1) shall be provided through relevant United
States Federal departments and agencies and nongovernmental
organizations and private and voluntary organizations,
whether within or outside the United States, including
humanitarian, educational, labor, and private sector
organizations.
(4) Communication with people of venezuela.--The President
shall take the necessary steps to communicate to the people
of Venezuela the plans for assistance developed under
paragraph (1).
(5) Report to congress.--Not later than 90 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a report
describing in detail the plans developed under paragraph (1).
(b) Implementation of Plans; Reports to Congress.--
(1) Implementation with respect to transition government.--
Upon submitting to the appropriate congressional committees a
determination under section 1711(a) that a transition
government is in power in Venezuela, the President shall
commence the delivery and distribution of assistance to the
transition government under the plan developed under
subsection (a)(1)(A)(i).
(2) Reports to congress.--
(A) Plan for assistance under transition government.--The
President shall submit to the appropriate congressional
committees a report--
(i) setting forth the plan developed under subsection
(a)(1)(A)(i) for providing assistance to Venezuela under a
transition government; and
(ii) describing the types of assistance, and the extent to
which such assistance has been distributed, in accordance
with the plan.
(B) Deadlines for submission.--The President shall submit
to the appropriate congressional committees--
(i) a preliminary report described in subparagraph (A) not
later than 15 days after making the determination described
in paragraph (1); and
(ii) the final report described in subparagraph (A) not
later than 90 days after making that determination.
(3) Implementation with respect to democratically elected
government.--Upon submitting to the appropriate congressional
committees a determination under section 1711(a) that a
democratically elected government is in power in Venezuela,
the President shall commence the delivery and distribution of
assistance to the democratically elected government under the
plan developed under subsection (a)(1)(A)(ii).
(4) Annual reports to congress.--Not later than 60 days
after the end of each fiscal year, the President shall submit
to the appropriate congressional committees a report on the
assistance provided under the plans developed under
subsection (a), including--
(A) a description of each type of assistance and the
amounts expended for such assistance during the preceding
fiscal year; and
(B) a description of the assistance to be provided under
the plans in the fiscal year in which the report is
submitted.
(c) Coordinating Official.--The Secretary of State shall
designate a coordinating official of the Department of State
who shall be responsible for--
(1) implementing the strategies for distributing assistance
described in subsection (a)(1)(B);
(2) ensuring the speedy and efficient distribution of such
assistance; and
(3) ensuring coordination among, and appropriate oversight
by, the agencies of the United States that provide assistance
described in section 1751(a), including resolving any
disputes among such agencies.
(d) Reprogramming.--Any changes in the assistance to be
provided under a plan developed under subsection (a) may not
be made unless the Secretary of State notifies the
appropriate congressional committees at least 15 days in
advance in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
(e) Funding Limitation.--Assistance may be provided under
this section only if amounts are authorized to be
appropriated, and are appropriated, to provide such
assistance.
(f) International Efforts.--The President shall take the
necessary steps--
(1) to seek to obtain the agreement of other countries and
of international financial institutions and multilateral
organizations to provide to a transition government in
Venezuela, and to a democratically elected government in
Venezuela, assistance comparable to that provided by the
United States under this section; and
(2) to work with such countries, institutions, and
organizations to coordinate all such assistance programs.
SEC. 1752. REPORT ON TRADE AND INVESTMENT RELATIONS BETWEEN
THE UNITED STATES AND VENEZUELA.
(a) Report to Congress.--Upon submitting to the appropriate
congressional committees a determination under section
1711(a) that a democratically elected government is in power
in Venezuela, the President shall submit to the Committee on
Ways and Means of the House of Representatives, the Committee
on Finance of the Senate, and the appropriate congressional
committees a report that describes--
(1) acts, policies, and practices that constitute
significant barriers to, or distortions of, United States
trade in goods or services or foreign direct investment with
respect to Venezuela; and
(2) policy objectives of the United States regarding trade
relations with a democratically elected government in
Venezuela, and the reasons for such objectives, including
possible reciprocal extension of nondiscriminatory trade
treatment (most-favored-nation treatment).
(b) Consultation.--With respect to the policy objectives
described in subsection (a), the President shall--
(1) consult with the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the
Senate, and the appropriate congressional committees; and
(2) seek advice from the appropriate advisory committees
established under section 135 of the Trade Act of 1974 (19
U.S.C. 2155).
Subtitle E--General Provisions
SEC. 1761. EFFECT ON LAWFUL UNITED STATES GOVERNMENT
ACTIVITIES.
Nothing in this title prohibits any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency, or of an intelligence agency, of the
United States.
SEC. 1762. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--Notwithstanding any other provision of
this title, the authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
______
SA 2669. Mr. RISCH (for himself and Mr. Cotton) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. PROHIBITION OF WAR CRIMES PROSECUTION.
(a) Short Title.--This section may be cited as the
``Prohibiting International Criminal Court Prosecutions
Against Americans and Allies Act''.
(b) In General.--Chapter 118 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2443. International Criminal Court
``(a) Offense.--It shall be unlawful for any person, acting
under the authority of the International Criminal Court or
another international organization to knowingly indict,
apprehend, detain, prosecute, convict, or participate in the
imposition or carrying out of any sentence or other penalty
on, any protected person in connection with any proceeding by
or before the International Criminal Court or another
international organization in which such protected person is
accused of a covered crime.
``(b) Criminal Penalty.--
``(1) In general.--Any person who violates subsection (a)
shall be fined not more than $5,000,000, imprisoned as
provided in paragraph (2), or both.
``(2) Prison sentence.--The maximum term of imprisonment
for an offense under this section is the greater of--
``(A) 5 years; or
``(B) the maximum term that could be imposed on the person
in a criminal proceeding described in subsection (a) with
respect to which such violation took place.
[[Page S4984]]
``(c) Extraterritorial Jurisdiction.--There is
extraterritorial jurisdiction over any offense under this
section.
``(d) Civil Remedy.--Any protected person who is aggrieved
by a violation of subsection (a) may, in a civil action,
obtain appropriate relief in a court of the United States,
including--
``(1) punitive damages; and
``(2) a reasonable attorney's fee as part of the costs.
``(e) Definitions.--In this section:
``(1) Covered crime.--The term `covered crime' means--
``(A) any offense that is cognizable before the
International Criminal Court or a judicial body of another
international organization as of the date of the enactment of
the Prohibiting International Criminal Court Prosecutions
Against Americans and Allies Act; and
``(B) any offense that becomes cognizable before the
International Criminal Court or a judicial body of another
international organization after such date of enactment,
effective on the date such offense becomes cognizable before
any such court.
``(2) Indict.--The term `indict' includes--
``(A) the formal submission of an order or request for the
prosecution or arrest of a protected person; and
``(B) the issuance of a warrant or other order for the
arrest of a protected person.
``(3) International criminal court.--The term
`International Criminal Court' means the court established by
the Rome Statute of the International Criminal Court adopted
by the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of and International
Criminal Court on July 17, 1998.
``(4) International organization.--The term `international
organization' has the meaning given such term in section
1116(b)(5).
``(5) Protected person.--The term `protected person'
means--
``(A) any citizen or national of the United States, or any
other person employed by or working under the direction of
the United States Government; or
``(B) any citizen or national of Israel, or any other
person employed by or working under the direction of the
Government of Israel.''.
(c) Clerical Amendment.--The chapter analysis in chapter
118 of title 18, United States Code, is amended by adding at
the end the following:
``2443. International Criminal Court.''.
______
SA 2670. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. A PLAN TO ENGAGE COUP COUNTRIES IN THE SAHEL AND
CENTRAL AND WEST AFRICA TO RETURN TO CIVILIAN
DEMOCRATIC RULE.
(a) Plan Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to
the appropriate committees of Congress a plan to engage with
coup countries in the Sahel, Central Africa, and West Africa
to promote the return to civilian democratic rule.
(b) Matters To Be Included.--The plan required by
subsection (a) shall include the following:
(1) An assessment of the country-specific and overarching
themes and contributing factors to the coup d'etats in
countries in the Sahel and Central and West Africa,
including--
(A) the policies and practices of the United States and
United States partners and allies that may have contributed
to the erosion of democratic institutions and public trust in
civilian governments of coup countries; and
(B) the actions taken by the militaries of the coup
countries.
(2) An identification of United States national security
priorities in each coup country in the Sahel, Central Africa,
and West Africa.
(3) An assessment of efforts by Russia, Iran, the People's
Republic of China, and other global and regional malign
actors to undermine the return to civilian democratic rule in
coup countries in the Sahel, Central Africa, and West Africa,
along with a plan to counter such efforts through United
States public and private diplomacy and assistance programs.
(4) A description of planned public and private diplomatic
engagements to support efforts by civilians, civil society,
and the governments of coup countries in the Sahel, Central
Africa, and West Africa to return to civilian democratic
rule.
(5) A description of interagency coordination mechanisms
and efforts to develop and execute a unified strategy and
response by the United States Government to support the
return to civilian democratic rule in coup countries in the
Sahel, Central Africa, and West Africa.
(6) An identification of United States assistance and
programs aimed at supporting the return to civilian
democratic rule in coup countries in the Sahel, Central
Africa, and West Africa.
(7) A description of how United States assistance programs
have been used to address the needs of civilians, civil
society, and political groups, as well as the commitments by
the governments of coup countries in the Sahel, Central
Africa, and West Africa to return to civilian democratic
rule, including an assessment of the challenges and
opportunities for engagement and support by the United States
and United States partners and allies.
(8) A description of the application of coup-related
restrictions (including the authority to resume assistance
under section 7008 of the Consolidated Appropriations Act,
2022 (Public Law 117-103; 136 Stat. 593)) to coup countries
in the Sahel, Central Africa, and West Africa, including an
assessment of the effectiveness and challenges in using such
restrictions and authorities, as well as a strategy for
applying the authority under such section 7008 to each such
country to encourage or hold accountable the efforts by the
governments of such countries to return to civilian
democratic rule.
(9) A description of plans to coordinate United States
efforts with France, the European Union, the United Nations,
the African Union, the Economic Community of West African
States (ECOWAS), and partner nations in the region to support
the return to civilian democratic rule in coup countries in
the Sahel, Central Africa, and West Africa.
(10) A description of efforts undertaken by coup countries
in the Sahel, Central Africa, and West Africa to return to
civilian democratic rule, including unmet commitments and
opportunities for engagement by the United States and United
States partners and allies.
(11) Any other matters that the Secretary considers to be
relevant.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
(2) Coup country.--The term ``coup countr y''--
(A) means any country within the Sahel, West Africa, or
Central Africa regions in which the duly elected head of
government has been removed from office by a military coup
d'etat, decree, or any similar action in which the military
played a decisive role (within the meaning of the terms under
section 7008 of the Further Consolidated Appropriations Act,
2024 (Public Law 118-47)); and
(B) includes--
(i) Burkina Faso;
(ii) Chad;
(iii) Gabon;
(iv) Guinea;
(v) Mali;
(vi) Niger; and
(vii) Sudan.
______
SA 2671. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. REPEAL OF JACKSON-VANIK AMENDMENT.
(a) In General.--Chapter 1 of title IV of the Trade Act of
1974 (19 U.S.C. 2431 et seq.) is repealed.
(b) Clerical Amendment.--The table of contents for the
Trade Act of 1974 is amended by striking the items relating
to chapter 1 of title IV.
______
SA 2672. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON ENTRY OF THE UNITED STATES INTO
BILATERAL OR MULTILATERAL AGREEMENTS FOR
PROVISION OF SECURITY GUARANTEES OR LONG-TERM
SECURITY ASSISTANCE TO UKRAINE.
Notwithstanding any other provision of this Act, the
President may not use the voice, vote, or official signature
of the United States to enter into any bilateral or
multilateral agreement to provide security guarantees or
long-term security assistance to Ukraine until such agreement
has been subject to the requirements of the Treaty Clause of
section 2 of article II of the Constitution of the United
States, which requires the advice and consent of the Senate,
with two-thirds of Senators concurring.
[[Page S4985]]
______
SA 2673. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. INCLUSION OF MEXICO IN THE AREA OF RESPONSIBILITY
OF THE UNITED STATES SOUTHERN COMMAND.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) remove Mexico from the area of responsibility of the
United States Northern Command; and
(2) include Mexico in the area of responsibility of the
United States Southern Command.
______
SA 2674. Mr. LEE (for himself and Mr. Manchin) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1006. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD
BUREAU AS REIMBURSEMENT FROM STATES.
Section 710 of title 32, United States Code, is amended by
adding at the end the following new subsection:
``(g) Treatment of Reimbursed Funds.--Any funds received by
the National Guard Bureau from a State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, or the Virgin
Islands as reimbursement under this section for the use of
military property--
``(1) shall be credited to--
``(A) the appropriation, fund, or account used in incurring
the obligation; or
``(B) an appropriate appropriation, fund, or account
currently available for the purposes for which the
expenditures were made; and
``(2) may only be used by the Department of Defense for the
repair, maintenance, or other similar functions related
directly to assets used by National Guard units while
operating under State active duty status.''.
______
SA 2675. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. FACILITATING REVIEW BY THE SENATE OF CLASSIFIED
DOCUMENTATION.
(a) Facilitation Required.--
(1) In general.--The Director of National Intelligence
shall facilitate the review of classified documentation when
requested to do so by any Senator.
(2) Period of facilitation.--The Director shall facilitate
for a Senator a review under paragraph (1) not later than 15
days after the date on which the review is requested by the
Senator.
(b) Fair Treatment.--Notwithstanding any other provision of
law, whenever the Director facilitates the review of
classified documentation for one Senator, the Director shall
facilitate the review of that documentation for any other
Senator who requests such documentation.
______
SA 2676. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO
STATE OF UTAH.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means the
approximately 200.18 acres of land depicted as ``Land
Proposed for Conveyance'' on the map entitled ``Mountain View
Corridor Completion Act'' and dated October 6, 2023.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(3) State.--The term ``State'' means the State of Utah.
(b) Conveyance Required.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall convey to
the State all rights, title, and interest of the United
States in and to the covered land.
(c) Requirements.--
(1) In general.--The conveyance of the covered land under
this section shall be subject to valid existing rights.
(2) Payment of fair market value.--As consideration for the
conveyance of the covered land under this section, the State
shall pay to the Secretary an amount equal to the fair market
value of the covered land, as determined--
(A) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) based on an appraisal that is conducted in accordance
with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(d) Application of Executive Order.--Executive Order 1922
of April 24, 1914, as modified by section 907 of the Camp
W.G. Williams Land Exchange Act of 1989 (Public Law 101-628;
104 Stat. 4500), shall not apply to the covered land.
(e) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize a map and
a legal description of the covered land to be conveyed under
this section.
(2) Controlling document.--In the case of a discrepancy
between the map and legal description finalized under
paragraph (1), the map shall control.
(3) Corrections.--The Secretary and the State, by mutual
agreement, may correct minor errors in the map or the legal
description finalized under paragraph (1).
(4) Map on file.--The map and legal description finalized
under paragraph (1) shall be kept on file and available for
public inspection in each appropriate office of the Bureau of
Land Management.
(f) Reversionary Interest.--If the Secretary, after
consultation with the State, determines that the covered land
conveyed under this section was sold, attempted to be sold,
or used for non-transportation or non-defenses purposes by
the State, all right, title, and interest in and to the
covered land shall revert to the Secretary, at the discretion
of the Secretary, after providing--
(1) to the State notice and a hearing or an opportunity to
correct any identified deficiencies; and
(2) to the public notice and an opportunity to comment.
______
SA 2677. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PERFORMANCE OF ABORTIONS: RESTRICTIONS.
(a) In General.--Subchapter I of chapter 25 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2517. Performance of abortions: restrictions
``(a) Restrictions on Use of Funds.--Funds available to the
Department of Homeland Security for the Coast Guard may not
be used to perform abortions except where the life of the
mother would be endangered if the fetus were carried to term
or in a case in which the pregnancy is the result of an act
of rape or incest.
``(b) Restrictions on Use of Facilities.--No medical
treatment facility or other facility of the Coast Guard may
be used to perform an abortion except where the life of the
mother would be endangered if the fetus were carried to term
or in a case in which the pregnancy is the result of an act
of rape or incest.
``(c) Prohibition on Provision of Travel and Transportation
Allowance to Obtain Abortions.--The Secretary may not provide
transportation, lodging, meals-in-kind, or any actual or
necessary expenses of travel or transportation, for, or in
connection with, official travel for a member of the Coast
Guard or a dependent of such a member seeking an abortion or
any abortion-related service, except in a case in which the
life of the mother would be endangered if the fetus were
carried to term or the pregnancy is the result of an act of
rape or incest.''.
(b) Clerical Amendment.--The analysis for chapter 25 of
title 14, United States Code, is amended by inserting after
the item relating to section 2516 the following:
``2517. Performance of abortions: restrictions.''.
______
SA 2678. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department
[[Page S4986]]
of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Finding.--Congress finds that section 1003 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 63 Stat. 2241)--
(1) expresses the sense of Congress that, due to threats
that are ever-changing, Congress must be informed with
respect to allied contributions to the common defense to
properly assess the readiness of the United States and the
countries described in subsection (c)(2) for threats; and
(2) requires the Secretary of Defense to submit to Congress
an annual report on the contributions of allies to the common
defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the threats facing the United States--
(A) include near-peer threats; and
(B) require the United States to prioritize military assets
and resources in accordance with the most recent National
Defense Strategy;
(2) the United States should not continue to shoulder a
disproportionate share of the burden for European security
while current and prospective members of the North Atlantic
Treaty Organization neglect to meet defense spending
guidelines; and
(3) the President should seek from each member country of
the North Atlantic Treaty Organization acceptance of
international security responsibilities and agreements to
make contributions to the common defense in accordance with
the collective defense treaty to which such country is a
party.
(c) Reports on Allied Contributions to the Common
Defense.--
(1) In general.--Not later than March 1 each year, the
Secretary of Defense, in coordination with the heads of other
Federal agencies, as the Secretary determines to be
necessary, shall submit to the appropriate committees of
Congress a report containing a description of--
(A) the annual defense spending by each country described
in paragraph (2), including available data on nominal budget
figures and defense spending as a percentage of the gross
domestic products of each such country for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(B) the activities of each such country to contribute to
military or stability operations in which the Armed Forces of
the United States are a participant or may be called upon in
accordance with a cooperative defense agreement to which the
United States is a party;
(C) any limitations placed by any such country on the use
of such contributions;
(D) any actions undertaken by the United States or by other
countries to minimize such limitations; and
(E) with respect to each such country--
(i) the contributions made by the country to Ukraine,
including an indication of whether such contributions relate
to hard or soft power;
(ii) an assessment of the health of the defense industrial
base of the country;
(iii) the comparative advantages of the defense industrial
base of the country;
(iv) the size and structure of the military forces of the
country, including an estimate of the amount of time required
for such forces to achieve full military mobilization;
(v) any area in which the country would be fully dependent
on allied military assets;
(vi) any delivery received or contract entered into by the
country through the Foreign Military Sales or the Foreign
Military Financing program during the preceding year;
(vii) any change in defense spending during the preceding
year; and
(viii) the amount defense spending anticipated in the
subsequent year.
(2) Countries described.--The countries described in this
paragraph are the following:
(A) Each member country of the North Atlantic Treaty
Organization.
(B) Each country participating in a North Atlantic Treaty
Organization Membership Action Plan.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(4) Availability.--A report submitted under paragraph (1)
shall be made available on request to any Member of Congress.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
______
SA 2679. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. GROUNDS FOR IMMEDIATE WITHDRAWAL OF THE UNITED
STATES FROM NORTH ATLANTIC TREATY IF ALL NATO
COUNTRIES CONSENT TO UKRAINE BEGINNING THE NATO
ACCESSION PROCESS.
Section 408 of the Mutual Security Act of 1954 (22 U.S.C.
1928) is amended by adding at the end the following:
``(d) Grounds for Immediate Withdrawal.--If the North
Atlantic Treaty Organization provides unanimous consent for
Ukraine to begin the accession process, such action shall be
grounds for the immediate withdrawal by the United States
from the North Atlantic Treaty in accordance with Article 13
of the North Atlantic Treaty.''.
______
SA 2680. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON
DEFENSE.
(a) Finding.--Congress finds that section 1003 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 63 Stat. 2241)--
(1) expresses the sense of Congress that, due to threats
that are ever-changing, Congress must be informed with
respect to allied contributions to the common defense to
properly assess the readiness of the United States and the
countries described in subsection (c)(2) for threats; and
(2) requires the Secretary of Defense to submit to Congress
an annual report on the contributions of allies to the common
defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the threats facing the United States--
(A) include near-peer threats; and
(B) require the United States to prioritize military assets
and resources in accordance with the most recent National
Defense Strategy;
(2) the United States should not continue to shoulder a
disproportionate share of the burden for European security
while current and prospective members of the North Atlantic
Treaty Organization neglect to meet defense spending
guidelines; and
(3) the President should seek from each member country of
the North Atlantic Treaty Organization acceptance of
international security responsibilities and agreements to
make contributions to the common defense in accordance with
the collective defense treaty to which such country is a
party.
(c) Reports on Allied Contributions to the Common
Defense.--
(1) In general.--Not later than March 1 each year, the
Secretary of Defense, in coordination with the heads of other
Federal agencies, as the Secretary determines to be
necessary, shall submit to the appropriate committees of
Congress a report containing a description of--
(A) the annual defense spending by each country described
in paragraph (2), including available data on nominal budget
figures and defense spending as a percentage of the gross
domestic products of each such country for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(B) the activities of each such country to contribute to
military or stability operations in which the Armed Forces of
the United States are a participant or may be called upon in
accordance with a cooperative defense agreement to which the
United States is a party;
(C) any limitations placed by any such country on the use
of such contributions;
(D) any actions undertaken by the United States or by other
countries to minimize such limitations; and
(E) with respect to each such country--
(i) the contributions made by the country to Ukraine,
including an indication of whether such contributions relate
to hard or soft power;
(ii) an assessment of the health of the defense industrial
base of the country;
(iii) the comparative advantages of the defense industrial
base of the country;
(iv) the size and structure of the military forces of the
country, including an estimate of the amount of time required
for such forces to achieve full military mobilization;
(v) any area in which the country would be fully dependent
on allied military assets;
(vi) any delivery received or contract entered into by the
country through the Foreign Military Sales or the Foreign
Military Financing program during the preceding year;
(vii) any change in defense spending during the preceding
year; and
(viii) the amount defense spending anticipated in the
subsequent year.
[[Page S4987]]
(2) Countries described.--The countries described in this
paragraph are the following:
(A) Each member country of the North Atlantic Treaty
Organization.
(B) Each country participating in a North Atlantic Treaty
Organization Membership Action Plan.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(4) Availability.--A report submitted under paragraph (1)
shall be made available on request to any Member of Congress.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
______
SA 2681. Mr. DURBIN (for himself, Mr. Grassley, Mr. Booker, Ms.
Baldwin, Ms. Stabenow, Mr. Padilla, and Mr. King) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. BALTIC SECURITY INITIATIVE.
(a) Establishment.--The Secretary of Defense shall
establish and carry out an initiative, to be known as the
``Baltic Security Initiative'' (in this section referred to
as the ``Initiative'') for the purpose of deepening security
cooperation with the Baltic countries.
(b) Relationship to Existing Authorities.--The Initiative
required by subsection (a) shall be carried out pursuant to
the authorities provided in title 10, United States Code.
(c) Objectives.--The objectives of the Initiative shall
be--
(1) to achieve United States national security objectives
by--
(A) deterring aggression by the Russian Federation; and
(B) implementing the North Atlantic Treaty Organization's
new Strategic Concept, which seeks to strengthen the
alliance's deterrence and defense posture by denying
potential adversaries any possible opportunities for
aggression;
(2) consistent with the Baltic defense assessment and
report submitted to Congress pursuant to section 1246 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1661) and the annual United
States-Baltic Dialogue among Estonia, Latvia, and Lithuania,
and the Department of Defense and the Department of State, to
enhance regional planning and cooperation among the Baltic
countries, particularly with respect to long-term regional
capability projects, including--
(A) long-range precision fire systems and capabilities;
(B) integrated air and missile defense;
(C) maritime domain awareness;
(D) land forces development, including stockpiling large
caliber ammunition;
(E) command, control, communications, computers,
intelligence, surveillance, and reconnaissance;
(F) special operations forces development;
(G) coordination with and security enhancements for Poland,
which is a neighboring North Atlantic Treaty Organization
ally; and
(H) other military capabilities, as determined by the
Secretary of Defense; and
(3) to improve the Baltic countries' cyber defenses and
resilience to hybrid threats.
(d) Strategy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report setting forth a strategy for the
Department of Defense to achieve the objectives described in
subsection (b).
(2) Considerations.--The strategy required by this
subsection shall include a consideration of--
(A) security assistance programs for the Baltic countries
authorized as of the date on which the strategy is submitted;
(B) the ongoing security threats to the North Atlantic
Treaty Organization's eastern flank posed by Russian
aggression, including as a result of the Russian Federation's
2022 invasion of Ukraine with support from Belarus; and
(C) the ongoing security threats to the Baltic countries
posed by the presence, coercive economic policies, and other
malign activities of the People's Republic of China.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Defense $350,000,000 for each of the fiscal
years 2025, 2026, and 2027 to carry out the Initiative.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Defense should seek to require matching
funds from each of the Baltic countries that participate in
the Initiative in amounts commensurate with amounts provided
by the Department of Defense for the Initiative.
(f) Baltic Countries Defined.--In this section, the term
``Baltic countries'' means--
(1) Estonia;
(2) Latvia; and
(3) Lithuania.
______
SA 2682. Ms. KLOBUCHAR (for herself, Mr. Moran, Mr. Coons, Mr.
Rounds, Mr. Blumenthal, Mr. Tillis, Mrs. Shaheen, Ms. Murkowski, and
Mr. Cassidy) submitted an amendment intended to be proposed by her to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--FULFILLING PROMISES TO AFGHAN ALLIES
SEC. 1701. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House of
Representatives;
(H) the Committee on Armed Services of the House of
Representatives;
(I) the Committee on Appropriations of the House of
Representatives; and
(J) the Committee on Homeland Security of the House of
Representatives.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Special immigrant status.--The term ``special immigrant
status'' means special immigrant status provided under--
(A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note; Public Law 111-8);
(B) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
163); or
(C) subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as
added by section 1706(a).
(5) Specified application.--The term ``specified
application'' means--
(A) a pending, documentarily complete application for
special immigrant status; and
(B) a case in processing in the United States Refugee
Admissions Program for an individual who has received a
Priority 1 or Priority 2 referral to such program.
(6) United states refugee admissions program.--The term
``United States Refugee Admissions Program'' means the
program to resettle refugees in the United States pursuant to
the authorities provided in sections 101(a)(42), 207, and 412
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42),
1157, and 1522).
SEC. 1702. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED
STATES.
(a) Response to Congressional Inquiries.--The Secretary of
State shall respond to inquiries by Members of Congress
regarding the status of a specified application submitted by,
or on behalf of, a national of Afghanistan, including any
information that has been provided to the applicant, in
accordance with section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)).
(b) Office in Lieu of Embassy.--During the period in which
there is no operational United States embassy in Afghanistan,
the Secretary of State shall designate an appropriate office
within the Department of State--
(1) to review specified applications submitted by nationals
of Afghanistan residing in Afghanistan, including by
conducting any required interviews;
(2) to issue visas or other travel documents to such
nationals, in accordance with the immigration laws;
(3) to provide services to such nationals, to the greatest
extent practicable, that would normally be provided by an
embassy; and
(4) to carry out any other function the Secretary of State
considers necessary.
SEC. 1703. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE
INDIVIDUALS.
(a) Definitions.--In this section:
(1) Conditional permanent resident status.--The term
``conditional permanent resident status'' means conditional
permanent resident status under section 216 and 216A of the
Immigration and Nationality Act (8 U.S.C. 1186a, 1186b),
subject to the provisions of this section.
(2) Eligible individual.--The term ``eligible individual''
means an alien who--
(A) is present in the United States;
[[Page S4988]]
(B) is a citizen or national of Afghanistan or, in the case
of an alien having no nationality, is a person who last
habitually resided in Afghanistan;
(C) has not been granted permanent resident status;
(D)(i) was inspected and admitted to the United States on
or before the date of the enactment of this Act; or
(ii) was paroled into the United States during the period
beginning on July 30, 2021, and ending on the date of the
enactment of this Act, provided that--
(I) such parole has not been terminated by the Secretary
upon written notice; and
(II) the alien did not enter the United States at a
location between ports of entry along the southwest land
border; and
(E) is admissible to the United States as an immigrant
under the applicable immigration laws, including eligibility
for waivers of grounds of inadmissibility to the extent
provided by the immigration laws and the terms of this
section.
(b) Conditional Permanent Resident Status for Eligible
Individuals.--
(1) Adjustment of status to conditional permanent resident
status.--Beginning on the date of the enactment of this Act,
the Secretary--
(A) may adjust the status of each eligible individual to
that of an alien lawfully admitted for permanent residence
status, subject to the procedures established by the
Secretary to determine eligibility for conditional permanent
resident status; and
(B) shall create for each eligible individual who is
granted adjustment of status under this section a record of
admission to such status as of the date on which the eligible
individual was initially inspected and admitted or paroled
into the United States, or July 30, 2021, whichever is later,
unless the Secretary determines, on a case-by-case basis,
that such individual is inadmissible under any ground of
inadmissibility under section 212 (other than subsection
(a)(4)) of the Immigration and Nationality Act ( 8 U.S.C.
1182) and is not eligible for a waiver of such grounds of
inadmissibility as provided by this title or by the
immigration laws.
(2) Conditional basis.--An individual who obtains lawful
permanent resident status under this section shall be
considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence, to have obtained
such status on a conditional basis subject to the provisions
of this section.
(c) Conditional Permanent Resident Status Described.--
(1) Assessment.--
(A) In general.--Before granting conditional permanent
resident status to an eligible individual under subsection
(b)(1), the Secretary shall conduct an assessment with
respect to the eligible individual, which shall be equivalent
in rigor to the assessment conducted with respect to refugees
admitted to the United States through the United States
Refugee Admissions Program, for the purpose of determining
whether the eligible individual is inadmissible under any
ground of inadmissibility under section 212 (other than
subsection (a)(4)) of the Immigration and Nationality Act (8
U.S.C. 1182) and is not eligible for a waiver of such grounds
of inadmissibility under paragraph (2)(C) or the immigration
laws.
(B) Consultation.--In conducting an assessment under
subparagraph (A), the Secretary may consult with the head of
any other relevant agency and review the holdings of any such
agency.
(2) Removal of conditions.--
(A) In general.--Not earlier than the date described in
subparagraph (B), the Secretary may remove the conditional
basis of the status of an individual granted conditional
permanent resident status under this section unless the
Secretary determines, on a case-by-case basis, that such
individual is inadmissible under any ground of
inadmissibility under paragraph (2) or (3) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)),
and is not eligible for a waiver of such grounds of
inadmissibility under subparagraph (C) or the immigration
laws.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date that is 4 years after the date on which the
individual was admitted or paroled into the United States; or
(ii) July 1, 2027.
(C) Waiver.--
(i) In general.--Except as provided in clause (ii), to
determine eligibility for conditional permanent resident
status under subsection (b) or removal of conditions under
this paragraph, the Secretary may waive the application of
the grounds of inadmissibility under 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) for
humanitarian purposes or to ensure family unity.
(ii) Exceptions.--The Secretary may not waive under clause
(i) the application of subparagraphs (C) through (E) and (G)
through (H) of paragraph (2), or paragraph (3), of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
(iii) Rule of construction.--Nothing in this subparagraph
may be construed to expand or limit any other waiver
authority applicable under the immigration laws to an
individual who is otherwise eligible for adjustment of
status.
(D) Timeline.--Not later than 180 days after the date
described in subparagraph (B), the Secretary shall, to the
greatest extent practicable, remove conditions as to all
individuals granted conditional permanent resident status
under this section who are eligible for removal of
conditions.
(3) Treatment of conditional basis of status period for
purposes of naturalization.--An individual in conditional
permanent resident status under this section shall be
considered--
(A) to have been admitted to the United States as an alien
lawfully admitted for permanent residence; and
(B) to be present in the United States as an alien lawfully
admitted to the United States for permanent residence,
provided that, no alien granted conditional permanent
resident status shall be naturalized unless the alien's
conditions have been removed under this section.
(d) Termination of Conditional Permanent Resident Status.--
Conditional permanent resident status shall terminate on, as
applicable--
(1) the date on which the Secretary removes the conditions
pursuant to subsection (c)(2), on which date the alien shall
be lawfully admitted for permanent residence without
conditions;
(2) the date on which the Secretary determines that the
alien was not an eligible individual under subsection (a)(2)
as of the date that such conditional permanent resident
status was granted, on which date of the Secretary's
determination the alien shall no longer be an alien lawfully
admitted for permanent residence; or
(3) the date on which the Secretary determines pursuant to
subsection (c)(2) that the alien is not eligible for removal
of conditions, on which date the alien shall no longer be an
alien lawfully admitted for permanent residence.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary at any time
to place in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a) any alien
who has conditional permanent resident status under this
section, if the alien is deportable under section 237 of such
Act (8 U.S.C. 1227) under a ground of deportability
applicable to an alien who has been lawfully admitted for
permanent residence.
(f) Parole Expiration Tolled.--The expiration date of a
period of parole shall not apply to an individual under
consideration for conditional permanent resident status under
this section, until such time as the Secretary has determined
whether to issue conditional permanent resident status.
(g) Periodic Nonadversarial Meetings.--
(1) In general.--Not later than 180 days after the date on
which an individual is conferred conditional permanent
resident status under this section, and periodically
thereafter, the Office of Refugee Resettlement shall make
available opportunities for the individual to participate in
a nonadversarial meeting, during which an official of the
Office of Refugee Resettlement (or an agency funded by the
Office) shall--
(A) on request by the individual, assist the individual in
a referral or application for applicable benefits
administered by the Department of Health and Human Services
and completing any applicable paperwork; and
(B) answer any questions regarding eligibility for other
benefits administered by the United States Government.
(2) Notification of requirements.--Not later than 7 days
before the date on which a meeting under paragraph (1) is
scheduled to occur, the Secretary of Health and Human
Services shall provide notice to the individual that includes
the date of the scheduled meeting and a description of the
process for rescheduling the meeting.
(3) Conduct of meeting.--The Secretary of Health and Human
Services shall implement practices to ensure that--
(A) meetings under paragraph (1) are conducted in a
nonadversarial manner; and
(B) interpretation and translation services are provided to
individuals granted conditional permanent resident status
under this section who have limited English proficiency.
(4) Rules of construction.--Nothing in this subsection
shall be construed--
(A) to prevent an individual from electing to have counsel
present during a meeting under paragraph (1); or
(B) in the event that an individual declines to participate
in such a meeting, to affect the individual's conditional
permanent resident status under this section or eligibility
to have conditions removed in accordance with this section.
(h) Consideration.--Except with respect to an application
for naturalization and the benefits described in subsection
(p), an individual in conditional permanent resident status
under this section shall be considered to be an alien
lawfully admitted for permanent residence for purposes of the
adjudication of an application or petition for a benefit or
the receipt of a benefit.
(i) Notification of Requirements.--Not later than 90 days
after the date on which the status of an individual is
adjusted to that of conditional permanent resident status
under this section, the Secretary shall provide notice to
such individual with respect to the provisions of this
section, including subsection (c)(1) (relating to the conduct
of assessments) and subsection (g) (relating to periodic
nonadversarial meetings).
(j) Application for Naturalization.--The Secretary shall
establish procedures whereby an individual who would
otherwise be eligible to apply for naturalization but for
having conditional permanent resident status, may be
considered for naturalization coincident
[[Page S4989]]
with removal of conditions under subsection (c)(2).
(k) Adjustment of Status Date.--
(1) In general.--An alien described in paragraph (2) shall
be regarded as lawfully admitted for permanent residence as
of the date the alien was initially inspected and admitted or
paroled into the United States, or July 30, 2021, whichever
is later.
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) is described in subparagraphs (A), (B), and (D) of
subsection (a)(2), and whose status was adjusted to that of
an alien lawfully admitted for permanent residence on or
after July 30, 2021, but on or before the date of the
enactment of this Act; or
(B) is an eligible individual whose status is then adjusted
to that of an alien lawfully admitted for permanent residence
after the date of the enactment of this Act under any
provision of the immigration laws other than this section.
(l) Parents and Legal Guardians of Unaccompanied
Children.--A parent or legal guardian of an eligible
individual shall be eligible to obtain status as an alien
lawfully admitted for permanent residence on a conditional
basis if--
(1) the eligible individual--
(A) was under 18 years of age on the date on which the
eligible individual was granted conditional permanent
resident status under this section; and
(B) was not accompanied by at least one parent or guardian
on the date the eligible individual was admitted or paroled
into the United States; and
(2) such parent or legal guardian was admitted or paroled
into the United States after the date referred to in
paragraph (1)(B).
(m) Guidance.--
(1) Interim guidance.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall issue guidance
implementing this section.
(B) Publication.--Notwithstanding section 553 of title 5,
United States Code, guidance issued pursuant to subparagraph
(A)--
(i) may be published on the internet website of the
Department of Homeland Security; and
(ii) shall be effective on an interim basis immediately
upon such publication but may be subject to change and
revision after notice and an opportunity for public comment.
(2) Final guidance.--
(A) In general.--Not later than 180 days after the date of
issuance of guidance under paragraph (1), the Secretary shall
finalize the guidance implementing this section.
(B) Exemption from the administrative procedures act.--
Chapter 5 of title 5, United States Code (commonly known as
the ``Administrative Procedures Act''), or any other law
relating to rulemaking or information collection, shall not
apply to the guidance issued under this paragraph.
(n) Asylum Claims.--
(1) In general.--With respect to the adjudication of an
application for asylum submitted by an eligible individual,
section 2502(c) of the Extending Government Funding and
Delivering Emergency Assistance Act (8 U.S.C. 1101 note;
Public Law 117-43) shall not apply.
(2) Rule of construction.--Nothing in this section may be
construed to prohibit an eligible individual from seeking or
receiving asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158).
(o) Prohibition on Fees.--The Secretary may not charge a
fee to any eligible individual in connection with the initial
issuance under this section of--
(1) a document evidencing status as an alien lawfully
admitted for permanent residence or conditional permanent
resident status; or
(2) an employment authorization document.
(p) Eligibility for Benefits.--
(1) In general.--Notwithstanding any other provision of
law--
(A) an individual described in subsection (a) of section
2502 of the Afghanistan Supplemental Appropriations Act, 2022
(8 U.S.C. 1101 note; Public Law 117-43) shall retain his or
her eligibility for the benefits and services described in
subsection (b) of such section if the individual is under
consideration for, or is granted, adjustment of status under
this section; and
(B) such benefits and services shall remain available to
the individual to the same extent and for the same periods of
time as such benefits and services are otherwise available to
refugees who acquire such status.
(2) Exception from 5-year limited eligibility for means-
tested public benefits.--Section 403(b)(1) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end
the following:
``(F) An alien whose status is adjusted under section 1703
of the National Defense Authorization Act for Fiscal Year
2025 to that of an alien lawfully admitted for permanent
residence or to that of an alien lawfully admitted for
permanent residence on a conditional basis.''.
(q) Rule of Construction.--Nothing in this section may be
construed to preclude an eligible individual from applying
for or receiving any immigration benefit to which the
individual is otherwise entitled.
(r) Exemption From Numerical Limitations.--
(1) In general.--Aliens granted conditional permanent
resident status or lawful permanent resident status under
this section shall not be subject to the numerical
limitations under sections 201, 202, and 203 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153).
(2) Spouse and children beneficiaries.--A spouse or child
who is the beneficiary of an immigrant petition under section
204 of the Immigration and Nationality Act (8 U.S.C. 1154)
filed by an alien who has been granted conditional permanent
resident status or lawful permanent resident status under
this section, seeking classification of the spouse or child
under section 203(a)(2)(A) of that Act (8 U.S.C.
1153(a)(2)(A)) shall not be subject to the numerical
limitations under sections 201, 202, and 203 of the
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and
1153).
(s) Effect on Other Applications.--Notwithstanding any
other provision of law, in the interest of efficiency, the
Secretary may pause consideration of any application or
request for an immigration benefit pending adjudication so as
to prioritize consideration of adjustment of status to an
alien lawfully admitted for permanent residence on a
conditional basis under this section.
(t) Authorization for Appropriations.--There is authorized
to be appropriated to the Attorney General, the Secretary of
Health and Human Services, the Secretary, and the Secretary
of State such sums as are necessary to carry out this
section.
SEC. 1704. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN
ALLIES.
(a) Definition of Afghan Ally.--
(1) In general.--In this section, the term ``Afghan ally''
means an alien who is a citizen or national of Afghanistan,
or in the case of an alien having no nationality, an alien
who last habitually resided in Afghanistan, who--
(A) was--
(i) a member of--
(I) the special operations forces of the Afghanistan
National Defense and Security Forces;
(II) the Afghanistan National Army Special Operations
Command;
(III) the Afghan Air Force; or
(IV) the Special Mission Wing of Afghanistan;
(ii) a female member of any other entity of the Afghanistan
National Defense and Security Forces, including--
(I) a cadet or instructor at the Afghanistan National
Defense University; and
(II) a civilian employee of the Ministry of Defense or the
Ministry of Interior Affairs;
(iii) an individual associated with former Afghan military
and police human intelligence activities, including operators
and Department of Defense sources;
(iv) an individual associated with former Afghan military
counterintelligence, counterterrorism, or counternarcotics;
(v) an individual associated with the former Afghan
Ministry of Defense, Ministry of Interior Affairs, or court
system, and who was involved in the investigation,
prosecution or detention of combatants or members of the
Taliban or criminal networks affiliated with the Taliban;
(vi) an individual employed in the former justice sector in
Afghanistan as a judge, prosecutor, or investigator who was
engaged in rule of law activities for which the United States
provided funding or training; or
(vii) a senior military officer, senior enlisted personnel,
or civilian official who served on the staff of the former
Ministry of Defense or the former Ministry of Interior
Affairs of Afghanistan; or
(B) provided service to an entity or organization described
in subparagraph (A) for not less than 1 year during the
period beginning on December 22, 2001, and ending on
September 1, 2021, and did so in support of the United States
mission in Afghanistan.
(2) Inclusions.--For purposes of this section, the
Afghanistan National Defense and Security Forces includes
members of the security forces under the Ministry of Defense
and the Ministry of Interior Affairs of the Islamic Republic
of Afghanistan, including the Afghanistan National Army, the
Afghan Air Force, the Afghanistan National Police, and any
other entity designated by the Secretary of Defense as part
of the Afghanistan National Defense and Security Forces
during the relevant period of service of the applicant
concerned.
(b) Refugee Status for Afghan Allies.--
(1) Designation as refugees of special humanitarian
concern.--Afghan allies shall be considered refugees of
special humanitarian concern under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), until the
later of 10 years after the date of enactment of this Act or
upon determination by the Secretary of State, in consultation
with the Secretary of Defense and the Secretary, that such
designation is no longer in the interest of the United
States.
(2) Third country presence not required.--Notwithstanding
section 101(a)(42) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(42)), the Secretary of State and the Secretary
shall, to the greatest extent possible, conduct remote
refugee processing for an Afghan ally located in Afghanistan.
(c) Afghan Allies Referral Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act--
(A) the Secretary of Defense, in consultation with the
Secretary of State, shall establish a process by which an
individual may apply to the Secretary of Defense for
classification as an Afghan ally and request a referral to
the United States Refugee Admissions Program; and
[[Page S4990]]
(B) the head of any appropriate department or agency that
conducted operations in Afghanistan during the period
beginning on December 22, 2001, and ending on September 1,
2021, in consultation with the Secretary of State, may
establish a process by which an individual may apply to the
head of the appropriate department or agency for
classification as an Afghan ally and request a referral to
the United States Refugee Admissions Program.
(2) Application system.--
(A) In general.--The process established under paragraph
(1) shall--
(i) include the development and maintenance of a secure
online portal through which applicants may provide
information verifying their status as Afghan allies and
upload supporting documentation; and
(ii) allow--
(I) an applicant to submit his or her own application;
(II) a designee of an applicant to submit an application on
behalf of the applicant; and
(III) in the case of an applicant who is outside the United
States, the submission of an application regardless of where
the applicant is located.
(B) Use by other agencies.--The Secretary of Defense--
(i) may enter into arrangements with the head of any other
appropriate department or agency so as to allow the
application system established under subparagraph (A) to be
used by such department or agency; and
(ii) shall notify the Secretary of State of any such
arrangement.
(3) Review process.--As soon as practicable after receiving
a request for classification and referral described in
paragraph (1), the head of the appropriate department or
agency shall--
(A) review--
(i) the service record of the applicant, if available;
(ii) if the applicant provides a service record or other
supporting documentation, any information that helps verify
the service record concerned, including information or an
attestation provided by any current or former official of the
department or agency who has personal knowledge of the
eligibility of the applicant for such classification and
referral; and
(iii) the data holdings of the department or agency and
other cooperating interagency partners, including as
applicable biographic and biometric records, iris scans,
fingerprints, voice biometric information, hand geometry
biometrics, other identifiable information, and any other
information related to the applicant, including relevant
derogatory information; and
(B)(i) in a case in which the head of the department or
agency determines that the applicant is an Afghan ally
without significant derogatory information, refer the Afghan
ally to the United States Refugee Admissions Program as a
refugee; and
(ii) include with such referral--
(I) any service record concerned, if available;
(II) if the applicant provides a service record, any
information that helps verify the service record concerned;
and
(III) any biometrics for the applicant.
(4) Review process for denial of request for referral.--
(A) In general.--In the case of an applicant with respect
to whom the head of the appropriate department or agency
denies a request for classification and referral based on a
determination that the applicant is not an Afghan ally or
based on derogatory information--
(i) the head of the department or agency shall provide the
applicant with a written notice of the denial that provides,
to the maximum extent practicable, a description of the basis
for the denial, including the facts and inferences, or
evidentiary gaps, underlying the individual determination;
and
(ii) the applicant shall be provided an opportunity to
submit not more than 1 written appeal to the head of the
department or agency for each such denial.
(B) Deadline for appeal.--An appeal under clause (ii) of
subparagraph (A) shall be submitted--
(i) not more than 120 days after the date on which the
applicant concerned receives notice under clause (i) of that
subparagraph; or
(ii) on any date thereafter, at the discretion of the head
of the appropriate department or agency.
(C) Request to reopen.--
(i) In general.--An applicant who receives a denial under
subparagraph (A) may submit a request to reopen a request for
classification and referral under the process established
under paragraph (1) so that the applicant may provide
additional information, clarify existing information, or
explain any unfavorable information.
(ii) Limitation.--After considering 1 such request to
reopen from an applicant, the head of the appropriate
department or agency may deny subsequent requests to reopen
submitted by the same applicant.
(5) Form and content of referral.--To the extent
practicable, the head of the appropriate department or agency
shall ensure that referrals made under this subsection--
(A) conform to requirements established by the Secretary of
State for form and content; and
(B) are complete and include sufficient contact
information, supporting documentation, and any other material
the Secretary of State or the Secretary consider necessary or
helpful in determining whether an applicant is entitled to
refugee status.
(6) Termination.--The application process and referral
system under this subsection shall terminate upon the later
of 1 year before the termination of the designation under
subsection (b)(1) or on the date of a joint determination by
the Secretary of State and the Secretary of Defense, in
consultation with the Secretary, that such termination is in
the national interest of the United States.
(d) General Provisions.--
(1) Prohibition on fees.--The Secretary, the Secretary of
Defense, the Secretary of State, or the head of any
appropriate department or agency referring Afghan allies
under this section may not charge any fee in connection with
a request for a classification and referral as a refugee
under this section.
(2) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(3) Representation.--An alien applying for admission to the
United States under this section may be represented during
the application process, including at relevant interviews and
examinations, by an attorney or other accredited
representative. Such representation shall not be at the
expense of the United States Government.
(4) Protection of aliens.--The Secretary of State, in
consultation with the head of any other appropriate Federal
agency, shall make a reasonable effort to provide an alien
who has been classified as an Afghan ally and has been
referred as a refugee under this section protection or to
immediately remove such alien from Afghanistan, if possible.
(5) Other eligibility for immigrant status.--No alien shall
be denied the opportunity to apply for admission under this
section solely because the alien qualifies as an immediate
relative or is eligible for any other immigrant
classification.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as necessary for each of fiscal
years 2024 through 2034 to carry out this section.
(e) Rule of Construction.--Nothing in this section may be
construed to inhibit the Secretary of State from accepting
refugee referrals from any entity.
SEC. 1705. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND
SPECIAL IMMIGRANT PROCESSING.
(a) Acceptance of Fingerprint Cards and Submissions of
Biometrics.--In addition to the methods authorized under the
heading relating to the Immigration and Naturalization
Service under title I of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act of 1998 (Public Law 105-119, 111 Stat.
2448; 8 U.S.C. 1103 note), and other applicable law, and
subject to such safeguards as the Secretary, in consultation
with the Secretary of State or the Secretary of Defense, as
appropriate, shall prescribe to ensure the integrity of the
biometric collection (which shall include verification of
identity by comparison of such fingerprints with fingerprints
taken by or under the direct supervision of the Secretary
prior to or at the time of the individual's application for
admission to the United States), the Secretary may, in the
case of any application for any benefit under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), accept
fingerprint cards or any other submission of biometrics--
(1) prepared by international or nongovernmental
organizations under an appropriate agreement with the
Secretary or the Secretary of State;
(2) prepared by employees or contractors of the Department
of Homeland Security or the Department of State; or
(3) provided by an agency (as defined under section 3502 of
title 44, United States Code).
(b) Staffing.--
(1) Vetting.--The Secretary of State, the Secretary, the
Secretary of Defense, and any other agency authorized to
carry out the vetting process under this title, shall each
ensure sufficient staffing, and request the resources
necessary, to efficiently and adequately carry out the
vetting of applicants for--
(A) referral to the United States Refugee Admissions
Program, consistent with the determinations established under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157); and
(B) special immigrant status.
(2) Refugee resettlement.--The Secretary of Health and
Human Services shall ensure sufficient staffing to
efficiently provide assistance under chapter 2 of title IV of
the Immigration and Nationality Act (8 U.S.C. 1521 et seq.)
to refugees resettled in the United States.
(c) Remote Processing.--Notwithstanding any other provision
of law, the Secretary of State and the Secretary shall employ
remote processing capabilities for refugee processing under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157), including secure digital file transfers,
videoconferencing and teleconferencing capabilities, remote
review of applications, remote interviews, remote collection
of signatures, waiver of the applicant's appearance or
signature (other than a final appearance and verification by
the oath of the applicant prior to or at the time of the
individual's application for admission to the
[[Page S4991]]
United States), waiver of signature for individuals under 5
years old, and any other capability the Secretary of State
and the Secretary consider appropriate, secure, and likely to
reduce processing wait times at particular facilities.
(d) Monthly Arrival Reports.--With respect to monthly
reports issued by the Secretary of State relating to United
States Refugee Admissions Program arrivals, the Secretary of
State shall report--
(1) the number of monthly admissions of refugees,
disaggregated by priorities; and
(2) the number of Afghan allies admitted as refugees.
(e) Interagency Task Force on Afghan Ally Strategy.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the President shall establish
an Interagency Task Force on Afghan Ally Strategy (referred
to in this section as the ``Task Force'')--
(A) to develop and oversee the implementation of the
strategy and contingency plan described in subparagraph
(A)(i) of paragraph (4); and
(B) to submit the report, and provide a briefing on the
report, as described in subparagraphs (A) and (B) of
paragraph (4).
(2) Membership.--
(A) In general.--The Task Force shall include--
(i) 1 or more representatives from each relevant Federal
agency, as designated by the head of the applicable relevant
Federal agency; and
(ii) any other Federal Government official designated by
the President.
(B) Relevant federal agency defined.--In this paragraph,
the term ``relevant Federal agency'' means--
(i) the Department of State;
(ii) the Department Homeland Security;
(iii) the Department of Defense;
(iv) the Department of Health and Human Services;
(v) the Department of Justice; and
(vi) the Office of the Director of National Intelligence.
(3) Chair.--The Task Force shall be chaired by the
Secretary of State.
(4) Duties.--
(A) Report.--
(i) In general.--Not later than 180 days after the date on
which the Task Force is established, the Task Force, acting
through the chair of the Task Force, shall submit a report to
the appropriate committees of Congress that includes--
(I) a strategy for facilitating the resettlement of
nationals of Afghanistan outside the United States who,
during the period beginning on October 1, 2001, and ending on
September 1, 2021, directly and personally supported the
United States mission in Afghanistan, as determined by the
Secretary of State in consultation with the Secretary of
Defense; and
(II) a contingency plan for future emergency operations in
foreign countries involving foreign nationals who have worked
directly with the United States Government, including the
Armed Forces of the United States and United States
intelligence agencies.
(ii) Elements.--The report required under clause (i) shall
include--
(I) the total number of nationals of Afghanistan who have
pending specified applications, disaggregated by--
(aa) such nationals in Afghanistan and such nationals in a
third country;
(bb) type of specified application; and
(cc) applications that are documentarily complete and
applications that are not documentarily complete;
(II) an estimate of the number of nationals of Afghanistan
who may be eligible for special immigrant status or
classification as an Afghan ally;
(III) with respect to the strategy required under
subparagraph (A)(i)(I)--
(aa) the estimated number of nationals of Afghanistan
described in such subparagraph;
(bb) a description of the process for safely resettling
such nationals of Afghanistan;
(cc) a plan for processing such nationals of Afghanistan
for admission to the United States that--
(AA) discusses the feasibility of remote processing for
such nationals of Afghanistan residing in Afghanistan;
(BB) includes any strategy for facilitating refugee and
consular processing for such nationals of Afghanistan in
third countries, and the timelines for such processing;
(CC) includes a plan for conducting rigorous and efficient
vetting of all such nationals of Afghanistan for processing;
(DD) discusses the availability and capacity of sites in
third countries to process applications and conduct any
required vetting for such nationals of Afghanistan, including
the potential to establish additional sites; and
(EE) includes a plan for providing updates and necessary
information to affected individuals and relevant
nongovernmental organizations;
(dd) a description of considerations, including resource
constraints, security concerns, missing or inaccurate
information, and diplomatic considerations, that limit the
ability of the Secretary of State or the Secretary to
increase the number of such nationals of Afghanistan who can
be safely processed or resettled;
(ee) an identification of any resource or additional
authority necessary to increase the number of such nationals
of Afghanistan who can be processed or resettled;
(ff) an estimate of the cost to fully implement the
strategy; and
(gg) any other matter the Task Force considers relevant to
the implementation of the strategy;
(IV) with respect to the contingency plan required by
clause (i)(II)--
(aa) a description of the standard practices for screening
and vetting foreign nationals considered to be eligible for
resettlement in the United States, including a strategy for
vetting, and maintaining the records of, such foreign
nationals who are unable to provide identification documents
or biographic details due to emergency circumstances;
(bb) a strategy for facilitating refugee or consular
processing for such foreign nationals in third countries;
(cc) clear guidance with respect to which Federal agency
has the authority and responsibility to coordinate Federal
resettlement efforts;
(dd) a description of any resource or additional authority
necessary to coordinate Federal resettlement efforts,
including the need for a contingency fund;
(ee) any other matter the Task Force considers relevant to
the implementation of the contingency plan; and
(V) a strategy for the efficient processing of all Afghan
special immigrant visa applications and appeals, including--
(aa) a review of current staffing levels and needs across
all interagency offices and officials engaged in the special
immigrant visa process;
(bb) an analysis of the expected Chief of Mission approvals
and denials of applications in the pipeline in order to
project the expected number of visas necessary to provide
special immigrant status to all approved applicants under
this title during the several years after the date of the
enactment of this Act;
(cc) an assessment as to whether adequate guidelines exist
for reconsidering or reopening applications for special
immigrant visas in appropriate circumstances and consistent
with applicable laws; and
(dd) an assessment of the procedures throughout the special
immigrant visa application process, including at the
Portsmouth Consular Center, and the effectiveness of
communication between the Portsmouth Consular Center and
applicants, including an identification of any area in which
improvements to the efficiency of such procedures and
communication may be made.
(iii) Form.--The report required under clause (i) shall be
submitted in unclassified form but may include a classified
annex.
(B) Briefing.--Not later than 60 days after submitting the
report required by clause (i), the Task Force shall brief the
appropriate committees of Congress on the contents of the
report.
(5) Termination.--The Task Force shall remain in effect
until the later of--
(A) the date on which the strategy required under paragraph
(4)(A)(i)(I) has been fully implemented;
(B) the date of a determination by the Secretary of State,
in consultation with the Secretary of Defense and the
Secretary, that a task force is no longer necessary for the
implementation of subparagraphs (A) and (B) of paragraph (1);
or
(C) the date that is 10 years after the date of the
enactment of this Act.
(f) Improving Consultation With Congress.--Section 207 of
the Immigration and Nationality Act (8 U.S.C. 1157) is
amended--
(1) in subsection (a), by amending paragraph (4) to read as
follows:
``(4)(A) In the determination made under this subsection
for each fiscal year (beginning with fiscal year 1992), the
President shall enumerate, with the respective number of
refugees so determined, the number of aliens who were granted
asylum in the previous year.
``(B) In making a determination under paragraph (1), the
President shall consider the information in the most recently
published projected global resettlement needs report
published by the United Nations High Commissioner for
Refugees.'';
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) A description of the number and allocation of the
refugees to be admitted, including the expected allocation by
region, and an analysis of the conditions within the
countries from which they came.''; and
(3) by adding at the end the following--
``(g) Quarterly Reports on Admissions.--Not later than 30
days after the last day of each quarter beginning the fourth
quarter of fiscal year 2024, the President shall submit to
the Committee on Homeland Security and Governmental Affairs,
the Committee on the Judiciary, and the Committee on Foreign
Relations of the Senate and the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee
on Foreign Affairs of the House of Representatives a report
that includes the following:
``(1) Refugees admitted.--
``(A) The number of refugees admitted to the United States
during the preceding quarter.
``(B) The cumulative number of refugees admitted to the
United States during the applicable fiscal year, as of the
last day of the preceding quarter.
``(C) The number of refugees expected to be admitted to the
United States during the remainder of the applicable fiscal
year.
[[Page S4992]]
``(D) The number of refugees from each region admitted to
the United States during the preceding quarter.
``(2) Refugee applicants with pending security checks.--
``(A) The number of aliens, by nationality, security check,
and responsible vetting agency, for whom a National Vetting
Center or other security check has been requested during the
preceding quarter, and the number of aliens, by nationality,
for whom the check was pending beyond 30 days.
``(B) The number of aliens, by nationality, security check,
and responsible vetting agency, for whom a National Vetting
Center or other security check has been pending for more than
180 days.
``(3) Circuit rides.--
``(A) For the preceding quarter--
``(i) the number of Refugee Corps officers deployed on
circuit rides and the overall number of Refugee Corps
officers;
``(ii) the number of individuals interviewed--
``(I) on each circuit ride; and
``(II) at each circuit ride location;
``(iii) the number of circuit rides; and
``(iv) for each circuit ride, the duration of the circuit
ride.
``(B) For the subsequent 2 quarters--
``(i) the number of circuit rides planned; and
``(ii) the number of individuals planned to be interviewed.
``(4) Processing.--
``(A) For refugees admitted to the United States during the
preceding quarter, the average number of days between--
``(i) the date on which an individual referred to the
United States Government as a refugee applicant is
interviewed by the Secretary of Homeland Security; and
``(ii) the date on which such individual is admitted to the
United States.
``(B) For refugee applicants interviewed by the Secretary
of Homeland Security in the preceding quarter, the approval,
denial, recommended approval, recommended denial, and hold
rates for the applications for admission of such individuals,
disaggregated by nationality.''.
SEC. 1706. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO
EMPLOYMENT BY OR ON BEHALF OF THE UNITED
STATES.
(a) Special Immigrant Visas for Certain Relatives of
Certain Members of the Armed Forces.--
(1) In general.--Section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L)(iii), by adding a semicolon at the
end;
(B) in subparagraph (M), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(N) a citizen or national of Afghanistan who is the
parent or brother or sister of--
``(i) a member of the armed forces (as defined in section
101(a) of title 10, United States Code); or
``(ii) a veteran (as defined in section 101 of title 38,
United States Code).''.
(2) Numerical limitations.--
(A) In general.--Subject to subparagraph (C), the total
number of principal aliens who may be provided special
immigrant visas under subparagraph (N) of section 101(a)(27)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)), as added by paragraph (1), may not exceed 2,500
each fiscal year.
(B) Carryover.--If the numerical limitation specified in
subparagraph (A) is not reached during a given fiscal year,
the numerical limitation specified in such subparagraph for
the following fiscal year shall be increased by a number
equal to the difference between--
(i) the numerical limitation specified in subparagraph (A)
for the given fiscal year; and
(ii) the number of principal aliens provided special
immigrant visas under subparagraph (N) of section 101(a)(27)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27))
during the given fiscal year.
(C) Maximum number of visas.--The total number of aliens
who may be provided special immigrant visas under
subparagraph (N) of section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed
10,000.
(D) Duration of authority.--The authority to issue visas
under subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27))
shall--
(i) commence on the date of the enactment of this Act; and
(ii) terminate on the date on which all such visas are
exhausted.
(b) Certain Afghans Injured or Killed in the Course of
Employment.--Section 602(b) of the Afghan Allies Protection
Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is
amended--
(1) in paragraph (2)(A)--
(A) by amending clause (ii) to read as follows:
``(ii)(I) was or is employed in Afghanistan on or after
October 7, 2001, for not less than 1 year--
``(aa) by, or on behalf of, the United States Government;
or
``(bb) by the International Security Assistance Force (or
any successor name for such Force) in a capacity that
required the alien--
``(AA) while traveling off-base with United States military
personnel stationed at the International Security Assistance
Force (or any successor name for such Force), to serve as an
interpreter or translator for such United States military
personnel; or
``(BB) to perform activities for the United States military
personnel stationed at International Security Assistance
Force (or any successor name for such Force); or
``(II) in the case of an alien who was wounded or seriously
injured in connection with employment described in subclause
(I), was employed for any period until the date on which such
wound or injury occurred, if the wound or injury prevented
the alien from continuing such employment;''; and
(B) in clause (iii), by striking ``clause (ii)'' and
inserting ``clause (ii)(I)'';
(2) in paragraph (13)(A)(i), by striking ``subclause (I) or
(II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa)
or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
(3) in paragraph (14)(C), by striking ``paragraph
(2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
(4) in paragraph (15), by striking ``paragraph (2)(A)(ii)''
and inserting ``paragraph (2)(A)(ii)(I)''.
(c) Extension of Special Immigrant Visa Program Under
Afghan Allies Protection Act of 2009.--Section 602(b) of the
Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) is amended--
(1) in paragraph (3)(F)--
(A) in the subparagraph heading, by striking ``Fiscal years
2015 through 2022'' and inserting ``Fiscal years 2015 through
2029''; and
(B) in clause (i), by striking ``December 31, 2024'' and
inserting ``December 31, 2029''; and
(C) in clause (ii), by striking ``December 31, 2024'' and
inserting ``December 31, 2029''; and
(2) in paragraph (13), in the matter preceding subparagraph
(A), by striking ``January 31, 2024'' and inserting ``January
31, 2030''.
(d) Authorization of Virtual Interviews.--Section 602(b)(4)
of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101
note; Public Law 111-8;) is amended by adding at the end the
following:
``(D) Virtual interviews.--Notwithstanding section 222(e)
of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an
application for an immigrant visa under this section may be
signed by the applicant through a virtual video meeting
before a consular officer and verified by the oath of the
applicant administered by the consular officer during a
virtual video meeting.''.
(e) Quarterly Reports.--Paragraph (12) of section 602(b) of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note;
Public Law 111-8) is amended is amended to read as follows:
``(12) Quarterly reports.--
``(A) Report to congress.--Not later than 120 days after
the date of enactment of the FAA Reauthorization Act of 2024
and every 90 days thereafter, the Secretary of State and the
Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall submit to the appropriate
committees of Congress a report that includes the following:
``(i) For the preceding quarter--
``(I) a description of improvements made to the processing
of special immigrant visas and refugee processing for
citizens and nationals of Afghanistan;
``(II) the number of new Afghan referrals to the United
States Refugee Admissions Program, disaggregated by referring
entity;
``(III) the number of interviews of Afghans conducted by
U.S. Citizenship and Immigration Services, disaggregated by
the country in which such interviews took place;
``(IV) the number of approvals and the number of denials of
refugee status requests for Afghans;
``(V) the number of total admissions to the United States
of Afghan refugees;
``(VI) number of such admissions, disaggregated by whether
the refugees come from within, or outside of, Afghanistan;
``(VII) the average processing time for citizens and
nationals of Afghanistan who are applicants;
``(VIII) the number of such cases processed within such
average processing time; and
``(IX) the number of denials issued with respect to
applications by citizens and nationals of Afghanistan.
``(ii) The number of applications by citizens and nationals
of Afghanistan for refugee referrals pending as of the date
of submission of the report.
``(iii) A description of the efficiency improvements made
in the process by which applications for special immigrant
visas under this subsection are processed, including
information described in clauses (iii) through (viii) of
paragraph (11)(B).
``(B) Form of report.--Each report required by subparagraph
(A) shall be submitted in unclassified form but may contain a
classified annex.
``(C) Public posting.--The Secretary of State shall publish
on the website of the Department of State the unclassified
portion of each report submitted under subparagraph (A).''.
(f) General Provisions.--
(1) Prohibition on fees.--The Secretary, the Secretary of
Defense, or the Secretary of State may not charge any fee in
connection with an application for, or issuance of, a special
immigrant visa or special immigrant status under--
(A) section 602 of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note; Public Law 111-8);
(B) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
163); or
(C) subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8
[[Page S4993]]
U.S.C. 1101(a)(27)), as added by subsection (a)(1).
(2) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(3) Protection of aliens.--The Secretary of State, in
consultation with the head of any other appropriate Federal
agency, shall make a reasonable effort to provide an alien
who is seeking status as a special immigrant under
subparagraph (N) of section 101(a)(27) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)), as added by
subsection (a)(1), protection or to immediately remove such
alien from Afghanistan, if possible.
(4) Resettlement support.--A citizen or national of
Afghanistan who is admitted to the United States under this
section or an amendment made by this section shall be
eligible for resettlement assistance, entitlement programs,
and other benefits available to refugees admitted under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) to the same extent, and for the same periods of time,
as such refugees.
SEC. 1707. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE
UNITED STATES.
Notwithstanding any other provision of law, during the
period beginning on the date of the enactment of this Act and
ending on the date that is 10 years thereafter, the Secretary
and the Secretary of State may waive any fee or surcharge or
exempt individuals from the payment of any fee or surcharge
collected by the Department of Homeland Security and the
Department of State, respectively, in connection with a
petition or application for, or issuance of, an immigrant
visa to a national of Afghanistan under section
201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a)), respectively.
SEC. 1708. REPORTING.
(a) Quarterly Reports.--Beginning on January 1, 2028, not
less frequently than quarterly, the Secretary 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 includes, for the preceding quarter--
(1) the number of individuals granted conditional permanent
resident status under section 1703, disaggregated by the
number of such individuals for whom conditions have been
removed;
(2) the number of individuals granted conditional permanent
resident status under section 1703 who have been determined
to be ineligible for removal of conditions (and the reasons
for such determination); and
(3) the number of individuals granted conditional permanent
resident status under section 1703 for whom no such
determination has been made (and the reasons for the lack of
such determination).
(b) Annual Reports.--Not less frequently than annually, the
Secretary, in consultation with the Attorney General, shall
submit to the appropriate committees of Congress a report
that includes for the preceding year, with respect to
individuals granted conditional permanent resident status
under section 1703--
(1) the number of such individuals who are placed in
removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) charged with a ground of
deportability under subsection (a)(2) of section 237 of that
Act (8 U.S.C. 1227), disaggregated by each applicable ground
under that subsection;
(2) the number of such individuals who are placed in
removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) charged with a ground of
deportability under subsection (a)(3) of section 237 of that
Act (8 U.S.C. 1227), disaggregated by each applicable ground
under that subsection;
(3) the number of final orders of removal issued pursuant
to proceedings described in paragraphs (1) and (2),
disaggregated by each applicable ground of deportability;
(4) the number of such individuals for whom such
proceedings are pending, disaggregated by each applicable
ground of deportability; and
(5) a review of the available options for removal from the
United States, including any changes in the feasibility of
such options during the preceding year.
SEC. 1709. RULE OF CONSTRUCTION.
Except as expressly described in this title or an amendment
made by this title, nothing in this title or an amendment
made by this title may be construed to modify, expand, or
limit any law or authority to process or admit refugees under
section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) or applicants for an immigrant visa under the
immigration laws.
______
SA 2683. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. NORTHERN BORDER COORDINATION CENTER.
(a) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish the
Northern Border Coordination Center.
(b) Purpose.--The purpose of the Center shall be to serve
as the Department's forward deployed centralized coordination
center for operations, domain awareness, information sharing,
intelligence, training, and stakeholder engagement with
Federal, State, tribal, local, and international government
partners along the northern border of the United States. The
Center shall be placed along the northern border at a
location that is collocated with an existing U.S. Border
Patrol sector headquarters, an Air and Marine Operations
branch, and a United States Coast Guard air station, and
other existing Department activities.
(c) Components.--
(1) In general.--The Center shall collocate personnel and
activities of--
(A) U.S. Customs and Border Protection, including U.S.
Border Patrol and Air and Marine Operations;
(B) the United States Coast Guard;
(C) U.S. Immigration and Customs Enforcement's Homeland
Security Investigations;
(D) other components and offices of the Department that the
Secretary determines to be necessary, including to support
the training, technology testing, and development described
in subsection (d); and
(E) additional Federal, State, tribal, local, and
international government partners, as the Secretary
determines to be necessary and appropriate to support the
coordination of operations described in this section.
(d) Functions.--The Center shall perform the functions
described in this subsection in addition to any other
functions assigned by the Secretary.
(1) Northern border strategy.--The Center, in collaboration
with relevant offices and components of the Department,
shall--
(A) serve as a coordination mechanism for operational
components for the implementation, evaluation, and updating
of the Northern Border Strategy and any successor strategy;
and
(B) support the development of best practices and policies
for personnel at the northern border to support such
implementation.
(2) Training.--The Center shall serve as a training
location to support the delivery of training or exercises for
Department personnel and Federal, State, tribal, local, and
international government partners.
(3) Metrics.--The Center, in collaboration with relevant
offices and components of the Department, shall coordinate
the development and tracking of border security metrics for
the northern border.
(4) Resource and technological needs and challenges.--The
Center, in collaboration with relevant offices and components
of the Department, shall--
(A) identify resource and technological needs or challenges
affecting security along the northern border; and
(B) serve as a testing ground and demonstration location
for the testing of border security technology, including
determining such technology's suitability and performance in
the northern border and maritime environments.
(5) Air and marine operations.--
(A) Quick reaction capabilities.--In support of the Center,
U.S. Customs and Border Protection's Air and Marine
Operations--
(i) shall establish and maintain capability that is
collocated with the Center and available for quick deployment
in support of the northern border missions, U.S. Customs and
Border Protection, and the Department, including missions in
the Great Lakes region; and
(ii) in coordination with the Center and relevant offices
and components of the Department, shall evaluate requirements
and make recommendations to support the operations of large
unmanned aircraft systems based at the Center.
(B) Northern border domain awareness.--In order to
coordinate with the Center and support its operations, the
Air and Marine Operations Center shall collocate personnel
and resources with the Center to enhance the Department's
capabilities to--
(i) support air and maritime domain awareness and
information sharing efforts along the northern border;
(ii) provide dedicated monitoring of northern border
systems; and
(iii) lead, in coordination with other U.S. Customs and
Border Protection components, Federal, State, tribal, local,
and international governments, and private sector partners,
the Center's efforts to track and monitor legitimate cross-
border traffic involving unmanned aircraft and unmanned
aircraft systems.
(6) Counter-unmanned aircraft systems.--
(A) In general.--Pursuant to policies established by the
Secretary, consistent with section 210G of the Homeland
Security Act of 2002 (6 U.S.C. 124n), the Center shall
support counter-unmanned aircraft systems operations along
the northern border to respond to the increased use of
unmanned aircraft systems. Such support may involve
development, testing, and evaluation of technologies.
(B) Rule of construction.--Nothing in this section may be
construed to provide additional authority related to
detection, mitigation, research, development, or testing of
[[Page S4994]]
unmanned aircraft systems or counter-unmanned aircraft
systems.
(7) Privacy and civil rights.--The Center, in collaboration
with the Chief Privacy Officer and the Office for Civil
Rights and Civil Liberties of the Department, shall ensure
that operations and practices of the Center comply with the
privacy and civil rights policies of the Department and its
components.
(8) Noncontiguous northern border.--The Center, in
collaboration with relevant offices and components of the
Department, shall--
(A) identify the specific challenges that exist along the
noncontiguous international land border with Canada and the
maritime border with Russia, including resource,
technological challenges, and domain awareness;
(B) ensure that dedicated personnel, including reachback
support, are working to evaluate and address the challenges
identified pursuant to subparagraph (A); and
(C) determine the feasibility of establishing a satellite
facility of the Center to address the specific challenges
identified pursuant to subparagraph (A).
(e) Annual Reporting.--Not later than 180 days after the
establishment of the Center, and annually thereafter, the
Secretary shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on Foreign Relations of the Senate, the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Homeland Security of the House of
Representatives, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Transportation
and Infrastructure of the House of Representatives that
describes the activities of the Center during the most
recently concluded fiscal year, including--
(1) personnel levels;
(2) additional resources that are needed to support the
operations of the Center and northern border operations of
the Department; and
(3) any additional assets or authorities that are needed to
increase security and domain awareness along the northern
border.
(f) Temporary Duty Assignments.--The Secretary shall submit
a quarterly report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
of the House of Representatives, and the Committee on Foreign
Affairs of the House of Representatives regarding temporary
duty assignments of U.S. Border Patrol agents during the
reporting period, including--
(1) the number of agents on temporary duty assignment;
(2) the duration of the temporary duty assignment; and
(3) the sectors from which the agents were assigned.
(g) Rule of Construction.--The Center established pursuant
to subsection (a) shall be established separate and distinct
from the Secretary's authorities under section 708 of the
Homeland Security Act of 2002 (6 U.S.C. 348).
(h) Sunset.--This section shall cease to be effective on
the date that is 7 years after the date of the enactment of
this Act.
(i) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Northern Border
Coordination Center established pursuant to subsection (a).
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Northern border.--The term ``northern border'' means--
(A) the international border between the United States and
Canada; and
(B) the maritime border between Alaska and the Russian
Federation.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
______
SA 2684. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. REPORT ON PURPLE HEART APPLICATIONS FOR TRAUMATIC
BRAIN INJURY DURING THE GLOBAL WAR ON
TERRORISM.
(a) In General.--Not later than February 15, 2025, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on Purple Heart
applications for traumatic brain injury (TBI) during the
Global War on Terrorism.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) The total amount of Purple Hearts awarded for TBI on or
after September 11, 2001, and the details thereof.
(2) A review all of the Purple Heart applications for TBI,
with a date of incident on or after September 11, 2001, that
have been denied for post-deployment documentation,
diagnosis, or treatment.
(3) A review all of the Purple Heart applications for TBI,
with a date of incident on or after September 11, 2001, that
have been denied for not meeting treatment requirements.
(4) A review all of the Purple Heart applications for TBI,
with a date of incident on or after September 11, 2001, that
have been denied for not being documented, diagnosed, or
treated by proper medical authorities.
(5) The specific details pertaining to the justification
and circumstances for denial of such Purple Heart
applications.
(6) An assessment of the feasibility of establishing a
uniform standard across all military services for the award
of the Purple Heart, including TBIs.
(7) A proposed plan to reevaluate all Purple Heart
applications denied on the basis described in the report, and
the expected results of such reevaluation.
(8) Any other information the Secretary determines
appropriate.
______
SA 2685. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. REPORTING ON COMMAND CLIMATE IN MILITARY
ORGANIZATIONS WITH REPORTED SUICIDAL BEHAVIOR.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
command climate survey outcomes for organizations with
reported suicide and suicide attempts.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A statistical sample from the last five years of
suicide and identified suicide attempts by active and reserve
members as reported on the Department of Defense Suicide
Event Report (DoDSER), and an analysis of Defense
Organizational Climate Surveys (DEOCSs) and Defense
Organizational Climate Pulses (DOCPs), to identify the
prevalence of organizations with reported suicidal events
that also had unfavorable command climate factor ratings.
(B) An examination of the DEOCSs/DOCPs immediately
preceding and following reported suicidal events for each
such member's assigned organization, including, for
organizations with one or more DEOCS/DOCP unfavorable factor
ratings, an identification of the unfavorable DEOCS/DOCP
factors and the contextual factors surrounding the suicidal
event identified in the DoDSER.
(C) A comparison of the prevalence of unfavorable command
climate factor ratings in organizations described in
subparagraph (A) to the military services at large.
(b) Availability of Defense Organizational Climate Surveys
and Defense Organizational Climate Pulses.--The Secretary of
Defense shall provide upon request copies of DEOCSs/DOCPs
results to the families of members of the Armed Forces that
have died by suicide.
______
SA 2686. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. REPORT ON INSTANCES OF HATE ACTIVITY IN THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense for Personnel and
Readiness shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
nature and disposition of the most recent six years of
substantiated administrative investigations or instances of
hate activity documented by the Equal Opportunity Program of
each military department, disaggregated by bias category.
______
SA 2687. Mr. BOOKER (for himself and Mr. Hawley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PREVENTING CHILD LABOR EXPLOITATION IN FEDERAL
CONTRACTING ACT.
(a) Short Title.--This section may be cited as the
``Preventing Child Labor Exploitation in Federal Contracting
Act''.
[[Page S4995]]
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Oversight and Accountability of the
House of Representatives.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41,
United States Code.
(c) Promotion of Workplace Accountability.--
(1) Required representations and certifications.--Not later
than 18 months after the date of enactment of this Act, the
Federal Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation to--
(A) require any entity that enters into a contract with an
executive agency to represent, on an annual basis and to the
best of the knowledge of the entity, whether, within the
preceding 3-year period, any final administrative merits
determination, arbitral award or decision, or civil judgment,
as defined in coordination with the Secretary of Labor, has
been issued against the entity for any violation of section
12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212),
relating to child labor;
(B) provide (through a revision of the Certification
Regarding Knowledge of Child Labor for Listed End Products as
described in section 52.222-18 of the Federal Acquisition
Regulation or through, if necessary, another certification) a
requirement that an offeror--
(i) certify, to the best of the knowledge of the entity,
whether, within the preceding 3-year period, any final
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in coordination with
the Secretary of Labor, for a violation described in
subparagraph (A) has been issued against the entity; and
(ii) require such a certification from each of the
subcontractors or service providers to be used in performing,
or that were considered for the performance of, the contract
for which the offeror is submitting an offer and provide such
certifications with the certification by the offeror under
clause (i);
(C) prohibit executive agencies from awarding a contract
to--
(i) an entity that provides an affirmative response to a
representation under subparagraph (A) and has failed to
implement any corrective measure negotiated under paragraph
(2); or
(ii) an offeror that--
(I) provides an affirmative response to a certification
under subparagraph (B) and has failed to implement any
corrective measure negotiated under paragraph (2); or
(II) intends to use a subcontractor or service provider in
the performance of the contract that was identified as having
violations in such an affirmative response and has failed to
implement any corrective measure negotiated under such
paragraph;
(D) require the name and address of each entity that
provides an affirmative response to a representation under
subparagraph (A), and the name and address of each offeror,
subcontractor, or service provider identified as having
violations in an affirmative response to a certification
under subparagraph (B), to be referred to the Secretary of
Labor for purposes of negotiating with that entity, offeror,
subcontractor, or service provider on corrective measures
under paragraph (2) and preparing the list and conducting
suspension and debarment proceedings under paragraph (3);
(E) provide procedures for consultation with the Secretary
of Labor by an offeror described in subparagraph (B) to
assist the offeror in evaluating the information on
compliance with section 12 of the Fair Labor Standards Act of
1938, relating to child labor, submitted to the offeror by a
subcontractor or service provider pursuant to such
subparagraph; and
(F) make any other changes necessary to implement the
requirements of this section.
(2) Corrective measures.--An entity that makes an
affirmative response to a representation under paragraph
(1)(A) or offeror, subcontractor, or service provider that
makes an affirmative response in a certification under
paragraph (1)(B)--
(A) shall update the representation or certification,
respectively, based on any steps taken by the entity,
offeror, subcontractor, or service provider to correct
violations of or improve compliance with section 12 of the
Fair Labor Standards Act of 1938, relating to child labor,
including any agreements entered into with the Secretary of
Labor; and
(B) may negotiate with the Secretary of Labor regarding
corrective measures that the entity, offeror, subcontractor,
or service provider may take in order to avoid being placed
on the list under paragraph (3) and referred for suspension
and debarment proceedings under such paragraph, in the case
the entity, offeror, subcontractor, or service provider meets
the criteria for such list and proceedings under such
paragraph.
(3) List of ineligible entities.--
(A) In general.--For each calendar year beginning with the
first calendar year that begins after the date that is 2
years after the date of enactment of this Act, the Secretary
of Labor, in coordination with other executive agencies as
necessary, shall prepare a list and conduct suspension and
debarment proceedings for--
(i) each entity that provided an affirmative response to a
representation under paragraph (1)(A) and has failed to
implement any corrective measure negotiated under paragraph
(2) for the year of the list; and
(ii) each offeror, subcontractor, or service provider that
was identified as having violations in an affirmative
response to a certification under paragraph (1)(B) and has
failed to implement any corrective measure negotiated under
paragraph (2) for the year of the list.
(B) Ineligibility.--
(i) In general.--The head of an executive agency shall not,
during the period of time described in clause (ii), solicit
offers from, award contracts to, or consent to subcontracts
with any entity, offeror, subcontractor, or service provider
that is listed--
(I) under subparagraph (A); and
(II) as an active exclusion in the System for Award
Management.
(ii) Period of time.--The period of time described in this
clause is a period of time determined by the suspension and
debarment official that is not less than 4 years from the
date on which the entity, offeror, subcontractor, or service
provider is listed as an exclusion in the System for Award
Management.
(C) Additional considerations.--In determining the entities
to consider for suspension and debarment proceedings under
subparagraph (A), the Secretary of Labor shall ensure
procedures for such determination are consistent with the
procedures set forth in subpart 9.4 of the Federal
Acquisition Regulation for the suspension and debarment of
Federal contractors.
(4) Penalties for failure to report.--
(A) Offense.--It shall be unlawful for a person to
knowingly fail to make a representation or certification
required under subparagraph (A) or (B), respectively, of
paragraph (1).
(B) Penalty.--
(i) In general.--A violation of subparagraph (A) shall be
referred by any executive agency with knowledge of such
violation for suspension and debarment proceedings, to be
conducted by the suspension and debarment official of the
Department of Labor.
(ii) Loss to government.--A violation of subparagraph (A)
shall be subject to the penalties under sections 3729 through
3733 of title 31, United States Code (commonly known as the
``False Claims Act'').
(5) Annual reports to congress.--For each calendar year
beginning with the first calendar year that begins after the
date that is 2 years after the date of enactment of this Act,
the Secretary of Labor shall submit to the appropriate
committees of Congress, and make publicly available on a
public website, a report that includes--
(A) the number of entities, offerors, subcontractors, or
service providers on the list under paragraph (3) for the
year of the report;
(B) the number of entities, offerors, subcontractors, or
service providers that agreed to take corrective measures
under paragraph (2) for such year;
(C) the amount of the applicable contracts for the
entities, offerors, subcontractors, or service providers
described in subparagraph (A) or (B); and
(D) an assessment of the effectiveness of the
implementation of this section for such year.
(d) Gao Study.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study on the prevalence of violations
of section 12 of the Fair Labor Standards Act of 1938 (29
U.S.C. 212), relating to child labor, among Federal
contractors and submit to the appropriate committees of
Congress a report with the findings of the study.
(e) Use of Civil Penalties Collected for Child Labor Law
Violations.--Section 16(e)(5) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216(e)(5)) is amended--
(1) by striking ``Except'' and all that follows through
``sums'' and inserting ``Sums''; and
(2) by striking the second sentence.
(f) No Additional Funds.--No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
______
SA 2688. Mr. BOOKER (for himself, Mr. Moran, and Mr. Van Hollen)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. NONAPPLICABILITY OF A POLICY OF DENIAL FOR
EXPORTS, RE-EXPORTS, OR TRANSFERS OF DEFENSE
ARTICLES AND DEFENSE SERVICES DESTINED FOR OR
ORIGINATING IN THE REPUBLIC OF CYPRUS.
(a) In General.--Subject to subsection (d) and except as
provided in subsection (b), beginning on the date of the
enactment of this Act, the Secretary of State shall not apply
a policy of denial for exports, re-exports, or transfers of
defense articles and defense services destined for or
originating in the Republic of Cyprus if--
(1) the request is made by or on behalf of the Government
of the Republic of Cyprus; and
[[Page S4996]]
(2) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
(b) Exception.--The exclusion provided for in subsection
(a) shall not apply with respect to the application of a
policy of denial based upon credible human rights concerns.
(c) Waiver.--The President may waive the exclusion provided
for in subsection (a) for a period of one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(d) Termination.--
(1) In general.--The President may terminate the exclusion
provided for in subsection (a) for the 5-year period
beginning on the date that is 5 years after the date of the
enactment of this Act, and may renew such termination for
subsequent 5-year periods, if, prior to each such 5-year
period, the President submits to the appropriate committees
of Congress a certification that the Government of the
Republic of Cyprus is no longer--
(A) cooperating with the United States Government in
efforts to implement reforms on anti-money laundering
regulations and financial regulatory oversight; and
(B) denying Russian military vessels access to ports for
refueling and servicing.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
______
SA 2689. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. FEASIBILITY REPORT ON ESTABLISHING A HUMAN RIGHTS
OFFICE WITHIN UNITED STATES AFRICA COMMAND.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the feasibility of
establishing a Human Rights Office within the United States
Africa Command.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of--
(A) the purpose and responsibilities of a potential human
rights office within the United States Africa Command; and
(B) the manner in which such responsibilities would compare
to the responsibilities of the human rights office within the
United States Southern Command.
(2) An assessment of the manner in which a human rights
office within the United States Africa Command could
contribute to the mission of the United States Africa
Command.
(3) An identification of the authorities, staffing, and
resources necessary to establish such an office.
______
SA 2690. Mr. MORAN (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. INCREASE OF EXPENDITURE CAP FOR NONINSTITUTIONAL
CARE ALTERNATIVES TO NURSING HOME CARE.
(a) Increase of Expenditure Cap.--Section 1720C(d) of title
38, United States Code, is amended--
(1) by striking ``The total cost'' and inserting ``(1)
Except as provided in paragraph (2), the total cost'';
(2) by striking ``65 percent of''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The total cost of providing services or in-kind
assistance in the case of any veteran described in
subparagraph (B) for any fiscal year under the program may
exceed the cost that would otherwise have been incurred as
specified in paragraph (1) if the Secretary determines, based
on a consideration of clinical need, geographic market
factors, and such other matters as the Secretary may
prescribe through regulation, that such higher total cost is
in the best interest of the veteran.
``(B) A veteran described in this subparagraph is a veteran
with amyotrophic lateral sclerosis, a spinal cord injury, or
a condition the Secretary determines to be similar to such
conditions.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply with respect to fiscal years beginning on or
after the date of the enactment of this Act.
______
SA 2691. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. SUBMISSION TO CONGRESS OF DISSENT CABLES RELATING
TO WITHDRAWAL OF THE UNITED STATES ARMED FORCES
FROM AFGHANISTAN.
(a) Submission of Classified Dissent Cables to Congress.--
Not later than 30 days after the date of the enactment of
this Act, the Secretary of State shall submit to Congress any
classified Department of State cable or memo that expresses a
dissenting recommendation or opinion with respect to the
withdrawal of the United States Armed Forces from
Afghanistan.
(b) Public Availability of Unclassified Dissent Cables.--
Not later than 60 days after the date of the enactment of
this Act, the Secretary of State shall make available to the
public an unclassified version of any such cable or memo.
(c) Protection of Personally Identifiable Information.--The
name and any other personally identifiable information of an
author of a cable or memo referred to in subsection (a) shall
be redacted before submission under that subsection or
publication under subsection (b).
______
SA 2692. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IV, add the following:
SEC. 403. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH
LIMITATIONS OF CERTAIN MILITARY PERSONNEL.
(a) Exclusion.--Except as provided in subsection (d),
members of the Armed Forces on active duty who are assigned
to an entity specified in subsection (b) for any of the
duties specified in subsection (c) shall not count toward any
end strength limitation for active-duty personnel otherwise
applicable to members of the Armed Forces on active duty.
(b) Specified Entities.--The entities specified in this
subsection are the following:
(1) The military departments.
(2) The Defense Security Cooperation Agency.
(3) The combatant commands.
(c) Specified Duties.--The duties specified in this
subsection are the following:
(1) Duty in connection with the Foreign Military Sales
(FMS) program.
(2) Duty at an embassy of the United States in support of
bilateral security cooperation.
(3) Duty at an embassy of the United States in support of
intelligence requirements.
(d) Inapplicability to General and Flag Officers.--
Subsection (a) shall not apply with respect to any general or
flag officer assigned as described in that subsection.
______
SA 2693. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. REPORT ON SURVEILLANCE AND COLLECTIONS APPARATUS OF
THE PEOPLE'S REPUBLIC OF CHINA LOCATED IN CUBA.
(a) In General.--Not later than March 31, 2025, the
Director of National Intelligence and the Secretary of
Defense shall submit to the appropriate committees of
Congress a classified report on the threats posed by and a
strategy to counter surveillance and collections apparatus of
the People's Republic of China located in Cuba.
(b) Elements.--The report submitted pursuant to subsection
(a) shall address the following in relation to surveillance
and collections apparatus of the People's Republic of China
located in Cuba:
(1) An analysis of the capabilities and potential expansion
of such apparatus.
(2) An assessment of possible targets and the success of
such engagement against them.
(3) An assessment of vulnerabilities and threats to United
States national security and economic interests posed by such
apparatus.
[[Page S4997]]
(4) An assessment of the security risk to United States
operations at United States Naval Station, Guantanamo Bay,
Cuba, posed by such apparatus.
(5) An assessment of the role such apparatus plays in the
space-based capabilities of the People's Republic of China.
(6) A plan and policy recommendations to mitigate
vulnerabilities and threats posed by such apparatus.
(c) Appropriate Committees of Congress Defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
______
SA 2694. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 144. EXEMPTION FROM FEDERAL REGULATIONS.
Title VII of the Defense Production Act of 1950 (50 U.S.C.
4551 et seq.) is amended by adding at the end the following
new section:
``SEC. 724. EXEMPTION FROM FEDERAL REGULATION.
``(a) In General.--Any regulation for any good, material,
service, contract, or other national priority subject to an
active invocation by the President of authorities under this
Act shall be waived if the Director of the Office of
Management and Budget or the Comptroller General of the
United States determines, or any regulatory impact statement
for the regulation states, that compliance with such
regulation would, with respect to such good, material,
service, contract, or other national priority--
``(1) increase the cost;
``(2) delay the delivery;
``(3) hamper the supply chain; or
``(4) otherwise undermine the national defense interest for
which the President invoked such authorities.
``(b) Expiration of Waiver.--Any waiver issued under
subsection (a) with respect to a good, material, service,
contract, or other national priority shall terminate one year
after the date of the termination of--
``(1) the invocation by the President of authorities under
this Act with respect to such good, material, service,
contract, or other national priority; or
``(2) any waiver issued by the President under section
301(d)(1)(B), 302(d)(2), or 303(a)(7) with respect to such
good, material, service, contract, or other national
priority.
``(c) Limitations.--A waiver issued under subsection (a)
shall apply only to regulations proposed after the date on
which the President issues a waiver under section
301(d)(1)(B), 302(d)(2), or 303(a)(7) with respect to the
relevant good, material, service, contract, or other national
priority.''.
______
SA 2695. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. REPORT ON PORTABLE, DRONE-AGNOSTIC MUNITIONS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretaries of the military
departments, submit to the congressional defense committees a
report on the feasibility and cost of acquiring and fielding
portable, drone-agnostic droppable munitions.
(b) Elements.--The report submitted pursuant to subsection
(a) shall address the following:
(1) The potential use of portable, drone-agnostic droppable
munitions to augment small unit tactics and lethality in the
ground combat forces, including--
(A) trench warfare;
(B) countermine operations;
(C) anti-armor uses; and
(D) anti-personnel uses.
(2) The capability for portable, drone-agnostic droppable
munitions to have a dual tactical capacity to explode in the
air or on impact.
(3) The cost-effectiveness, affordability, and domestic
production capacity of portable, drone-agnostic droppable
munitions in comparison to one-way small uncrewed aerial
systems.
(4) The use of portable, drone-agnostic droppable munitions
in the Ukraine conflict and best practices learned.
(5) The potential use of portable, drone-agnostic droppable
munitions in the defense of Taiwan.
(6) Procurement challenges, legal restrictions, training
shortfalls, operational limitations, or other impediments to
fielding portable, drone-agnostic droppable munitions at the
platoon level.
(7) A plan to equip platoon-sized ground combat formations
in the close combat force with portable, drone-agnostic
droppable munitions at a basis of issue, as determined
appropriate by the Secretary of the military department
concerned, including a proposed timeline and fielding
strategy.
(8) A plan to equip such other ground combat units with
portable, drone-agnostic droppable munitions, as determined
appropriate by the Secretary of the military department
concerned.
(9) The capacity of the domestic defense industrial base to
produce portable, drone-agnostic droppable munitions.
(10) The capacity of the industrial bases of foreign
partners to produce portable, drone-agnostic droppable
munitions.
(11) The feasibility of fielding portable, drone-agnostic
droppable munitions in support of the findings of the report
required by section 1071 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31;
137 Stat. 407).S0634
______
SA 2696. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XV, insert the following:
SEC. 1526. SENSE OF CONGRESS REGARDING THE USE OF NUCLEAR
WEAPONS IN SPACE.
It is the sense of Congress that the United States should
treat the act of detonating a nuclear weapon in space as no
less dangerous or destabilizing than the detonation of such a
weapon on land, in the atmosphere, underground, or under the
sea, and that the response of the United States should be
commensurate with such an act.
______
SA 2697. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1067. REPORTING ON APPLICATION OF LETHAL FORCE BY
AUTONOMOUS WEAPON SYSTEMS UNDER WAR POWERS
RESOLUTION.
(a) War Powers Resolution.--Section 4(a) of the War Powers
Resolution (50 U.S.C. 1543(a)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) a description of any application of lethal force by
an autonomous weapon system (as defined in Department of
Defense Directive 3000.09 (relating to Autonomy in Weapons
Systems), effective January 25, 2023) that occurred during or
since such introduction; and''.
(b) National Defense Authorization Act for Fiscal Year
2024.--Section 1230(b) of the National Defense Authorization
Act for Fiscal Year 2024 (50 U.S.C. 1543a(b)) 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 new
paragraph (5):
``(5) a description of any application of lethal force by
an autonomous weapon system (as defined in Department of
Defense Directive 3000.09 (relating to Autonomy in Weapons
Systems), effective January 25, 2023) that occurred during or
since the incident; and''.
______
SA 2698. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 594. RECOGNITION OF MILITARY OLYMPIC COMPETITION.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall report on the
feasibility and cost of establishing a service ribbon to be
awarded to any member of the Armed Forces
[[Page S4998]]
who has competed as an Olympic or Paralympic athlete on Team
USA to designate that competition. The ribbon considered by
such report shall--
(1) be called the ``Olympic Competition Ribbon'';
(2) incorporate the colors of the Olympic rings;
(3) not have an accompanying medal;
(4) have authorized appurtenances to be affixed to the
ribbon to signify any Olympic or Paralympic medal won while
competing for Team USA;
(5) be assigned a position in the order of award precedence
as determined by each military department; and
(6) be awarded retroactively to any eligible member of the
Armed Forces.
______
SA 2699. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 318. ADVANCEMENT OF LIVE, VIRTUAL, AND CONSTRUCTIVE
TRAINING CAPABILITIES.
(a) In General.--Section 183a of title 10, United States
Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Advancement of Live, Virtual, and Constructive
Capabilities.--In negotiating voluntary agreements pursuant
to subsection (f), the Secretary may enter into agreements
through which applicants for energy projects or antenna
structure projects agree to fund, electrify, or physically
host infrastructure to bolster the development of live,
virtual, and constructive capabilities in the Military
Operations Areas or Warning Areas affected by or adjacent to
an energy project or antenna structure project, including--
``(1) by enhancing training opportunities; and
``(2) by augmenting the attributes of an airspace to offset
the loss of airspace volume using--
``(A) virtual or constructive capabilities that are powered
by, co-located with, or are otherwise facilitated or funded
by the energy project or antenna structure project; or
``(B) characteristics of the energy project as a component
of replicating real-world combat conditions.''.
(b) Conforming Amendments.--Section 44718(h) of title 49,
United States Code is amended--
(1) in paragraph (1), by striking ``183a(h)(1)'' and
inserting ``183a(i)(1)''; and
(2) in paragraph (2), by striking ``183a(h)(7)'' and
inserting ``183a(i)(7)''.
______
SA 2700. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. PROHIBITION ON MEMBERSHIP OF PALESTINE LIBERATION
ORGANIZATION IN CERTAIN INTERNATIONAL
ORGANIZATIONS.
(a) Modification With Respect to Membership of Palestine
Liberation Organization in United Nations Agencies.--Section
414(a) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 287e note; Public Law 101-246)
is amended by striking ``the same standing as member states''
and inserting ``any status, rights, or privileges beyond
observer status''.
(b) Amendments to Limitations on Contributions to the
United Nations and Affiliated Organizations.--Section 410 of
the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (22 U.S.C. 287e note; Public Law 103-236) is amended
by striking ``full membership'' each place it appears and
inserting ``any status, rights, or privileges beyond observer
status''.
(c) Rule of Construction.--Nothing is section Act shall be
construed to apply to Taiwan.
______
SA 2701. Mr. MORAN (for himself and Mr. Warnock) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Love Lives On
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Love Lives On Act of
2023''.
SEC. 1097. REMOVAL OF EXPIRATION ON ENTITLEMENT TO MARINE
GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP FOR
SURVIVING SPOUSES.
Section 3311(f) of title 38, United States Code, is
amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(3) in paragraph (2), as redesignated by paragraph (2) of
this section, by striking ``in paragraph (4)'' and inserting
``in paragraph (3)''; and
(4) in paragraph (3)(A), as redesignated by paragraph (2)
of this section, by striking ``under paragraph (3)'' and
inserting ``under paragraph (2)''.
SEC. 1098. MODIFICATION OF ENTITLEMENT TO VETERANS DEPENDENCY
AND INDEMNITY COMPENSATION FOR SURVIVING
SPOUSES WHO REMARRY.
(a) In General.--Section 103(d) of title 38, United States
Code, is amended--
(1) in paragraph (2)(B)--
(A) by inserting ``(i)'' before ``The remarriage'';
(B) in clause (i), as designated by subparagraph (A), by
striking ``Notwithstanding the previous sentence'' and
inserting the following:
``(ii) Notwithstanding clause (i)''; and
(C) by adding at the end the following new clause:
``(iii) Notwithstanding clause (ii), the remarriage of a
surviving spouse shall not bar the furnishing of benefits
under section 1311 of this title to the surviving spouse of a
veteran.''; and
(2) in paragraph (5)--
(A) by striking subparagraph (A); and
(B) by renumbering subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively.
(b) Resumption of Payments to Certain Individuals
Previously Denied Dependency and Indemnity Compensation.--
Beginning on the first day of the first month after the date
of the enactment of this Act, the Secretary shall resume
payment of dependency and indemnity compensation under
section 1311 of such title to each living individual who--
(1) is the surviving spouse of a veteran; and
(2) remarried before--
(A) reaching age 55; and
(B) the date of the enactment of this Act.
SEC. 1099. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT PLAN
FOR CERTAIN SURVIVING SPOUSES WHO REMARRY.
Section 1450(b)(2) of title 10, United States Code, is
amended--
(1) by striking ``An annuity'' and inserting the following:
``(A) In general.--(A) Subject to subparagraph (B), an
annuity''; and
(2) by adding at the end the following new subparagraph:
``(B) Treatment of survivors of members who die on active
duty.--The Secretary may not terminate payment of an annuity
for a surviving spouse described in subparagraph (A) or (B)
of section 1448(d)(1) solely because that surviving spouse
remarries. In the case of a surviving spouse who remarried
before reaching age 55 and before the date of the enactment
of Love Lives On Act of 2023, the Secretary shall resume
payment of the annuity to that surviving spouse--
``(i) except as provided by clause (ii), for each month
that begins on or after the date that is one year after such
date of enactment; or
``(ii) on January 1, 2023, in the case of a surviving
spouse who elected to transfer payment of that annuity to a
surviving child or children under the provisions of section
1448(d)(2)(B) of title 10, United States Code, as in effect
on December 31, 2019.''.
SEC. 1099A. EXPANSION OF DEFINITION OF DEPENDENT UNDER
TRICARE PROGRAM TO INCLUDE A REMARRIED WIDOW OR
WIDOWER WHOSE SUBSEQUENT MARRIAGE HAS ENDED.
Section 1072(2) of title 10, United States Code, is
amended--
(1) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (I)(v), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(J) a remarried widow or widower whose subsequent
marriage has ended due to death, divorce, or annulment.''.
SEC. 1099B. DEFINITION OF SURVIVING SPOUSE FOR PURPOSES OF
VETERANS BENEFITS.
Paragraph (3) of section 101 of title 38, United States
Code, is amended to read as follows:
``(3) The term `surviving spouse' means (except for
purposes of chapter 19 of this title) a person who was the
spouse of a veteran at the time of the veteran's death, and
who lived with the veteran continuously from the date of
marriage to the date of the veteran's death (except where
there was a separation which was due to the misconduct of, or
procured by, the veteran without the fault of the spouse) and
who has not remarried.''.
______
SA 2702. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,
[[Page S4999]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. CODIFICATION OF REQUIREMENTS FOR ELIGIBILITY
STANDARDS FOR ACCESS TO COMMUNITY CARE FROM
DEPARTMENT OF VETERANS AFFAIRS.
(a) Eligibility Access Standards.--Section 1703B of title
38, United States Code, is amended--
(1) by striking subsections (a) through (e) and inserting
the following:
``(a) Eligibility Standards for Access to Community Care.--
(1) A covered veteran shall be eligible to elect to receive
non-Department hospital care, medical services, or extended
care services, excluding nursing home care, through the
Veterans Community Care Program under section 1703 of this
title pursuant to subsection (d)(1)(D) of such section using
the following eligibility access standards:
``(A) With respect to primary care, mental health care, or
extended care services, excluding nursing home care, if the
Department cannot schedule an appointment for the covered
veteran with a health care provider of the Department who can
provide the needed service--
``(i) within 30 minutes average driving time (or such
shorter average driving time as the Secretary may prescribe)
from the residence of the veteran unless a longer average
driving time has been agreed to by the veteran in
consultation with a health care provider of the veteran; and
``(ii) within 20 days (or such shorter period as the
Secretary may prescribe) of the date of request for such an
appointment unless a later date has been agreed to by the
veteran in consultation with a health care provider of the
veteran.
``(B) With respect to specialty care, if the Department
cannot schedule an appointment for the covered veteran with a
health care provider of the Department who can provide the
needed service--
``(i) within 60 minutes average driving time (or such
shorter average driving time as the Secretary may prescribe)
from the residence of the veteran unless a longer average
driving time has been agreed to by the veteran in
consultation with a health care provider of the veteran; and
``(ii) within 28 days (or such shorter period as the
Secretary may prescribe) of the date of request for such an
appointment unless a later date has been agreed to by the
veteran in consultation with a health care provider of the
veteran.
``(2) For the purposes of determining the eligibility of a
covered veteran for care or services under paragraph (1), the
Secretary shall not take into consideration the availability
of telehealth appointments from the Department when
determining whether the Department is able to furnish such
care or services in a manner that complies with the
eligibility access standards under such paragraph.
``(3) In the case of a covered veteran who has had an
appointment with a health care provider of the Department
canceled by the Department for a reason other than the
request of the veteran, in calculating a wait time for a
subsequent appointment under paragraph (1), the Secretary
shall calculate such wait time from the date of the request
for the original, canceled appointment.
``(4) If a veteran agrees to a longer average drive time or
a later date under subparagraph (A) or (B) of paragraph (1),
the Secretary shall document the agreement to such longer
average drive time or later date in the electronic health
record of the veteran and provide the veteran a copy of such
documentation. Such copy may be provided electronically.
``(b) Application.--The Secretary shall ensure that the
eligibility access standards established under subsection (a)
apply--
``(1) to all care and services within the medical benefits
package of the Department to which a covered veteran is
eligible under section 1703 of this title, excluding nursing
home care; and
``(2) to all covered veterans, regardless of whether a
veteran is a new or established patient.
``(c) Periodic Review of Access Standards.--Not later than
three years after the date of the enactment of the Veterans'
Health Empowerment, Access, Leadership, and Transparency for
our Heroes (HEALTH) Act of 2023, and not less frequently than
once every three years thereafter, the Secretary shall--
``(1) conduct a review of the eligibility access standards
under subsection (a) in consultation with--
``(A) such Federal entities as the Secretary considers
appropriate, including the Department of Defense, the
Department of Health and Human Services, and the Centers for
Medicare & Medicaid Services;
``(B) entities and individuals in the private sector,
including--
``(i) veteran patients;
``(ii) veterans service organizations; and
``(iii) health care providers participating in the Veterans
Community Care Program under section 1703 of this title; and
``(C) other entities that are not part of the Federal
Government; and
``(2) submit to the appropriate committees of Congress a
report on--
``(A) the findings of the Secretary with respect to the
review conducted under paragraph (1); and
``(B) such recommendations as the Secretary may have with
respect to the eligibility access standards under subsection
(a).'';
(2) by striking subsection (g);
(3) by redesignating subsections (f), (h), and (i) as
subsections (d), (e), and (f), respectively;
(4) in subsection (d), as redesignated by paragraph (3)--
(A) by striking ``established'' each place it appears; and
(B) in paragraph (1), by striking ``(1) Subject to'' and
inserting ``Compliance by Community Care Providers With
Access Standards.--(1) Subject to'';
(5) in subsection (e), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``(1) Consistent with'' and inserting
``Determination Regarding Eligibility.--(1) Consistent
with''; and
(ii) by striking ``designated access standards established
under this section'' and inserting ``eligibility access
standards under subsection (a)''; and
(B) in paragraph (2)(B), by striking ``designated access
standards established under this section'' and inserting
``eligibility access standards under subsection (a)''; and
(6) in subsection (f), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by striking ``In
this section'' and inserting ``Definitions.--In this
section''; and
(B) in paragraph (2)--
(i) by striking ``covered veterans'' and inserting
``covered veteran''; and
(ii) by striking ``veterans described'' and inserting ``a
veteran described''.
(b) Conforming Amendments.--Section 1703(d) of such title
is amended--
(1) in paragraph (1)(D), by striking ``designated access
standards developed by the Secretary under section 1703B of
this title'' and inserting ``eligibility access standards
under section 1703B(a) of this title''; and
(2) in paragraph (3), by striking ``designated access
standards developed by the Secretary under section 1703B of
this title'' and inserting ``eligibility access standards
under section 1703B(a) of this title''.
______
SA 2703. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Sanctions Relating to Cuba
SEC. 1291. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY
AND INTELLIGENCE FACILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA IN CUBA.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to any foreign
person that the President determines engages in or has
engaged in a significant transaction or transactions, or any
dealings with, or has provided material support to or for a
military or intelligence facility of the People's Republic of
China in Cuba.
(b) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign person are the
following:
(1) Licensing prohibition.--Notwithstanding any other
provision of law, no license may be issued to the foreign
person for any transaction described in section 515.559 of
title 31, Code of Federal Regulations, or part 740 or 746 of
title 15, Code of Federal Regulations, as that section and
those parts were in effect on July 13, 2023.
(2) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests
in property of the foreign person if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(3) Exclusion from the united states and revocation of visa
or other documentation.--In the case of a foreign person who
is an alien, denial of a visa to, and exclusion from the
United States of, the alien, and revocation in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), of any visa or other documentation of the
alien.
(c) Implementation; Penalties.--
(1) Implementation.--The President shall exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(d) Exceptions.--
[[Page S5000]]
(1) Importation of goods.--
(A) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
(2) Compliance with united nations headquarters
agreement.--Sanctions under subsection (b)(3) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(e) Termination of Sanctions.--Notwithstanding any other
provision of law, this section shall terminate on the date
that is 30 days after the date on which the President
determines and certifies to the appropriate congressional
committees (and Congress has not enacted legislation
disapproving the determination within that 30-day period)
that Cuba has closed and dismantled all military or
intelligence facilities of the People's Republic of China in
Cuba.
(f) Definitions.--In this section:
(1) Alien.--The term ``alien'' has the meaning given that
term in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' includes--
(A) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1292. CODIFICATION OF CUBA RESTRICTED LIST.
The President may not remove any entity or subentity from
the List of Restricted Entities and Subentities Associated
with Cuba of the Department of State (commonly known as the
``Cuba Restricted List'') if that entity or subentity was on
that list as of July 13, 2023.
SEC. 1293. REPORT ON ASSISTANCE BY THE PEOPLE'S REPUBLIC OF
CHINA FOR THE CUBAN GOVERNMENT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report describing--
(1) the military and intelligence activities of the
Government of the People's Republic of China in Cuba,
including any military or intelligence facilities used by
that government in Cuba;
(2) the purposes for which the Government of the People's
Republic of China conducts those activities and uses those
facilities in Cuba;
(3) the extent to which the Government of the People's
Republic of China provides payment or government credits to
the Cuban Government for the continued use of those
facilities in Cuba; and
(4) any progress toward the verifiable termination of
access by the Government of the People's Republic of China to
those facilities and withdrawal of personnel, including
advisers, technicians, and military personnel, from those
facilities.
(b) Definitions.--In this section:
(1) Agency or instrumentality of the government of cuba.--
The term ``agency or instrumentality of the Government of
Cuba'' means an agency or instrumentality of a foreign state
as defined in section 1603(b) of title 28, United States
Code, with each reference in that section to ``a foreign
state'' deemed to be a reference to ``Cuba''.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' includes--
(A) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(3) Cuban government.--The term ``Cuban Government''
includes the government of any political subdivision of Cuba
and any agency or instrumentality of the Government of Cuba.
______
SA 2704. Mr. ROUNDS (for himself, Ms. Klobuchar, Mr. Moran, Mr.
Coons, and Mr. Blumenthal) submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. RECORDS PRESERVATION PROCESSES FOR CERTAIN AT-RISK
AFGHAN ALLIES.
(a) Definition of Afghan Ally.--In this section and only
for the purpose of the Department of Defense records
preservation processes established by this section, the term
``Afghan ally'' means an alien who is a citizen or national
of Afghanistan, or in the case of an alien having no
nationality, an alien who last habitually resided in
Afghanistan, who--
(1) was--
(A) a member of--
(i) the special operations forces of the Afghanistan
National Defense and Security Forces;
(ii) the Afghanistan National Army Special Operations
Command;
(iii) the Afghan Air Force; or
(iv) the Special Mission Wing of Afghanistan;
(B) a female member of any other entity of the Afghanistan
National Defense and Security Forces, including--
(i) a cadet or instructor at the Afghanistan National
Defense University; and
(ii) a civilian employee of the Ministry of Defense or the
Ministry of Interior Affairs;
(C) an individual associated with former Afghan military
and police human intelligence activities, including operators
and Department of Defense sources;
(D) an individual associated with former Afghan military
counterintelligence, counterterrorism, or counternarcotics;
(E) an individual associated with the former Afghan
Ministry of Defense, Ministry of Interior Affairs, or court
system, and who was involved in the investigation,
prosecution or detention of combatants or members of the
Taliban or criminal networks affiliated with the Taliban;
(F) an individual employed in the former justice sector in
Afghanistan as a judge, prosecutor, or investigator who was
engaged in rule of law activities for which the United States
provided funding or training; or
(G) a senior military officer, senior enlisted personnel,
or civilian official who served on the staff of the former
Ministry of Defense or the former Ministry of Interior
Affairs of Afghanistan; and
(2) provided service to an entity or organization described
in paragraph (1) for not less than 1 year during the period
beginning on December 22, 2001, and ending on September 1,
2021, and did so in support of the United States mission in
Afghanistan.
(b) Inclusions.--For purposes of this section, the
Afghanistan National Defense and Security Forces includes
members of the security forces under the Ministry of Defense
and the Ministry of Interior Affairs of the Islamic Republic
of Afghanistan, including the Afghanistan National Army, the
Afghan Air Force, the Afghanistan National Police, and any
other entity designated by the Secretary of Defense as part
of the Afghanistan National Defense and Security Forces
during the relevant period of service of the applicant
concerned.
(c) Afghan Allies Records Preservation Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a process by which an individual may apply to the
Secretary of Defense for classification as an Afghan ally.
(2) Application system.--The process established under
paragraph (1) shall--
(A) include the development and maintenance of a secure
online portal through which applicants may provide
information verifying their status as Afghan allies and
upload supporting documentation; and
(B) allow--
(i) an applicant to submit his or her own application;
(ii) a designee of an applicant to submit an application on
behalf of the applicant; and
(iii) the submission of an application regardless of where
the applicant is located, provided that the applicant is
outside the United States.
(3) Review process.--As soon as practicable after receiving
a request for classification described in paragraph (1), the
Secretary of Defense shall--
(A) review--
(i) the service record of the applicant, if available;
(ii) if the applicant provides a service record or other
supporting documentation, any information within the internal
or contractor-held records of the Department of Defense that
helps verify the service record concerned, including
information or an attestation provided by any current or
former official of the Department of Defense who has personal
knowledge of the eligibility of the applicant for such
classification; and
(iii) available data holdings in the possession of the
Department of Defense or any contractor of the Department of
Defense, including as applicable biographic and biometric
records, iris scans, fingerprints, voice biometric
information, hand geometry biometrics, other identifiable
information, and any other information related to the
applicant, including relevant derogatory information; and
[[Page S5001]]
(B)(i) in a case in which the Secretary of Defense
determines that the applicant is an Afghan ally without
significant derogatory information, the Secretary shall
preserve a complete record of such application for potential
future use by the applicant or a designee of the applicant;
and
(ii) include with such preserved record--
(I) any service record concerned, if available;
(II) if the applicant provides a service record, any
information that helps verify the service record concerned;
and
(III) any biometrics for the applicant.
(4) Review process for denial of request for records
preservation.--
(A) In general.--In the case of an applicant with respect
to whom the Secretary of Defense denies a request for
classification and records preservation based on a
determination that the applicant is not an Afghan ally or
based on derogatory information--
(i) the Secretary shall provide the applicant with a
written notice of the denial that provides, to the maximum
extent practicable, a description of the basis for the
denial, including the facts and inferences, or evidentiary
gaps, underlying the individual determination; and
(ii) the applicant shall be provided an opportunity to
submit not more than 1 written appeal to the Secretary for
each such denial.
(B) Deadline for appeal.--An appeal under clause (ii) of
subparagraph (A) shall be submitted--
(i) not more than 120 days after the date on which the
applicant concerned receives notice under clause (i) of that
subparagraph; or
(ii) on any date thereafter, at the discretion of the
Secretary of Defense.
(C) Request to reopen.--
(i) In general.--An applicant who receives a denial under
subparagraph (A) may submit a request to reopen a request for
classification and records preservation under the process
established under paragraph (1) so that the applicant may
provide additional information, clarify existing information,
or explain any unfavorable information.
(ii) Limitation.--After considering 1 such request to
reopen from an applicant, the Secretary of Defense may deny
subsequent requests to reopen submitted by the same
applicant.
(5) Termination.--The application process under this
subsection shall terminate on the date that--
(A) is not earlier than ten years after the date of the
enactment of this Act; and
(B) on which the Secretary of Defense makes a determination
that such termination is in the national interest of the
United States.
(6) General provisions.--
(A) Prohibition on fees.--The Secretary of Defense may not
charge any fee in connection with a request for a
classification or records preservation under this section.
(B) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(C) Representation.--An alien applying for records
preservation under this section may be represented during the
application process, including at relevant interviews and
examinations, by an attorney or other accredited
representative. Such representation shall not be at the
expense of the United States Government.
______
SA 2705. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. UNRWA ACCOUNTABILITY AND TRANSPARENCY.
(a) Short Title.--This section may be cited as the ``UNRWA
Accountability and Transparency Act''.
(b) Statement of Policy.--
(1) Palestinian refugee defined.--It shall be the policy of
the United States, in matters concerning the United Nations
Relief and Works Agency for Palestine Refugees in the Near
East (referred to in this Act as ``UNRWA''), which operates
in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank,
to define a Palestinian refugee as a person who--
(A) resided, between June 1946 and May 1948, in the region
controlled by Britain between 1922 and 1948 that was known as
Mandatory Palestine;
(B) was personally displaced as a result of the 1948 Arab-
Israeli conflict; and
(C) has not accepted an offer of legal residency status,
citizenship, or other permanent adjustment in status in
another country or territory.
(2) Limitations on refugee and derivative refugee status.--
In applying the definition under subsection (a) with respect
to refugees receiving assistance from UNRWA, it shall be the
policy of the United States, consistent with the definition
of refugee in section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements
for eligibility for refugee status under section 207 of such
Act (8 U.S.C. 1157), that--
(A) derivative refugee status may only be extended to the
spouse or a minor child of a Palestinian refugee; and
(B) an alien who is firmly resettled in any country is not
eligible to retain refugee status.
(c) United States' Contributions to UNRWA.--Section 301(c)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is
amended to read as follows:
``(c) Withholding.--
``(1) Definitions.--In this subsection:
``(A) Anti-semitic.--The term `anti-Semitic'--
``(i) has the meaning adopted on May 26, 2016, by the
International Holocaust Remembrance Alliance as the non-
legally binding working definition of antisemitism; and
``(ii) includes the contemporary examples of antisemitism
in public life, the media, schools, the workplace, and in the
religious sphere identified on such date by the International
Holocaust Remembrance Alliance.
``(B) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Foreign Relations of the Senate;
``(ii) the Committee on Appropriations of the Senate;
``(iii) the Committee on Foreign Affairs of the House of
Representatives; and
``(iv) the Committee on Appropriations of the House of
Representatives.
``(C) Boycott of, divestment from, and sanctions against
israel.--The term `boycott of, divestment from, and sanctions
against Israel' has the meaning given to such term in section
909(f)(1) of the Trade Facilitation and Trade Enforcement Act
of 2015 (19 U.S.C. 4452(f)(1)).
``(D) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(E) UNRWA.--The term `UNRWA' means the United Nations
Relief and Works Agency for Palestine Refugees in the Near
East.
``(2) Certification.--Notwithstanding any other provision
of law, the United States may not provide contributions to
UNRWA, to any successor or related entity, or to the regular
budget of the United Nations for the support of UNRWA or a
successor entity (through staff positions provided by the
United Nations Secretariat or otherwise) unless the Secretary
of State submits a written certification to the appropriate
congressional committees that--
``(A) no official, employee, consultant, contractor,
subcontractor, representative, affiliate of UNRWA, an UNRWA
partner organization, or an UNRWA contracting entity pursuant
to completion of a thorough vetting and background check
process--
``(i) is a member of, is affiliated with, or has any ties
to a foreign terrorist organization, including Hamas and
Hezbollah;
``(ii) has advocated, planned, sponsored, or engaged in any
terrorist activity;
``(iii) has propagated or disseminated anti-American, anti-
Israel, or anti-Semitic rhetoric, incitement, or propaganda,
including--
``(I) calling for or encouraging the destruction of Israel;
``(II) failing to recognize Israel's right to exist;
``(III) showing maps without Israel;
``(IV) describing Israelis as `occupiers' or `settlers';
``(V) advocating, endorsing, or expressing support for
violence, hatred, jihad, martyrdom, or terrorism, glorifying,
honoring, or otherwise memorializing any person or group that
has advocated, sponsored, or committed acts of terrorism, or
providing material support to terrorists or their families;
``(VI) expressing support for boycott of, divestment from,
and sanctions against Israel (commonly referred to as `BDS');
``(VII) claiming or advocating for a `right of return' of
refugees into Israel;
``(VIII) ignoring, denying, or not recognizing the historic
connection of the Jewish people to the land of Israel; and
``(IX) calling for violence against Americans; or
``(iv) has used any UNRWA resources, including
publications, websites, or social media platforms, to
propagate or disseminate anti-American, anti-Israel, or anti-
Semitic rhetoric, incitement, or propaganda, including with
respect to any of the matters described in subclauses (I)
through (IX) of clause (iii);
``(B) no UNRWA school, hospital, clinic, facility, or other
infrastructure or resource is being used by a foreign
terrorist organization or any member thereof--
``(i) for terrorist activities, such as operations,
planning, training, recruitment, fundraising, indoctrination,
communications, sanctuary, storage of weapons or other
materials; or
``(ii) as an access point to any underground tunnel
network, or any other terrorist-related purposes;
``(C) UNRWA is subject to comprehensive financial audits by
an internationally recognized third party independent
auditing firm that--
``(i) is agreed upon by the Government of Israel and the
Palestinian Authority; and
``(ii) has implemented an effective system of vetting and
oversight to prevent the use,
[[Page S5002]]
receipt, or diversion of any UNRWA resources by any foreign
terrorist organization or members thereof;
``(D) no UNRWA controlled or funded facility, such as a
school, an educational institution, or a summer camp, uses
textbooks or other educational materials that propagate or
disseminate anti-American, anti-Israel, or anti-Semitic
rhetoric, incitement, or propaganda, including with respect
to any of the matters described in subclauses (I) through
(IX) of subparagraph (A)(iii);
``(E) no recipient of UNRWA funds or loans is--
``(i) a member of, is affiliated with, or has any ties to a
foreign terrorist organization; or
``(ii) otherwise engaged in terrorist activities; and
``(F) UNRWA holds no accounts or other affiliations with
financial institutions that the United States considers or
believes to be complicit in money laundering and terror
financing.
``(3) Period of effectiveness.--
``(A) In general.--A certification described in paragraph
(2) shall be effective until the earlier of--
``(i) the date on which the Secretary receives information
rendering the certification described in paragraph (2)
factually inaccurate; or
``(ii) the date that is 180 days after the date on which it
is submitted to the appropriate congressional committees.
``(B) Notification of renunciation.--If a certification
becomes ineffective pursuant to subparagraph (A), the
Secretary shall promptly notify the appropriate congressional
committees of the reasons for renouncing or failing to renew
such certification.
``(4) Limitation.--During any year in which a certification
described in paragraph (1) is in effect, the United States
may not contribute to UNRWA, or to any successor entity, an
amount that--
``(A) is greater than the highest contribution to UNRWA
made by a member country of the League of Arab States for
such year; and
``(B) is greater (as a proportion of the total UNRWA
budget) than the proportion of the total budget for the
United Nations High Commissioner for Refugees paid by the
United States.''.
(d) Annual Report.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit a report to the appropriate
congressional committees describing the actions being taken
to implement a comprehensive plan for--
(A) encouraging other countries to adopt the policy
regarding Palestinian refugees described in subsection (b);
(B) urging other countries to withhold their contributions
to UNRWA, to any successor or related entity, or to the
regular budget of the United Nations for the support of UNRWA
or a successor entity (through staff positions provided by
the United Nations Secretariat or otherwise) until UNRWA has
met the conditions listed in subparagraphs (A) through (F) of
section 301(c)(2) of the Foreign Assistance Act of 1961, as
added by subsection (c);
(C) working with other countries to phase out UNRWA and
assist Palestinians receiving UNRWA services by--
(i) integrating such Palestinians into their local
communities in the countries in which they are residing; or
(ii) resettling such Palestinians in countries other than
Israel or territories controlled by Israel in the West Bank
in accordance with international humanitarian principles; and
(D) ensuring that the actions described in subparagraph
(C)--
(i) are being implemented in complete coordination with,
and with the support of, Israel; and
(ii) do not endanger the security of Israel in any way.
______
SA 2706. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Western Hemisphere Partnership Act
SEC. 1294. SHORT TITLE.
This subtitle may be cited as the ``Western Hemisphere
Partnership Act''.
SEC. 1295. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.
It is the policy of the United States to promote economic
competitiveness, democratic governance, and security in the
Western Hemisphere by--
(1) encouraging stronger economic relations, respect for
property rights, the rule of law, and enforceable investment
rules and labor and environmental standards;
(2) advancing the principles and practices expressed in the
Charter of the Organization of American States, the American
Declaration on the Rights and Duties of Man, and the Inter-
American Democratic Charter; and
(3) enhancing the capacity and technical capabilities of
democratic partner nation government institutions, including
civilian law enforcement, the judiciary, attorneys general,
and security forces.
SEC. 1296. PROMOTING SECURITY AND THE RULE OF LAW IN THE
WESTERN HEMISPHERE.
(a) In General.--The Secretary of State, in coordination
with the heads of other relevant Federal agencies, should
support the improvement of security conditions and the rule
of law in the Western Hemisphere through collaborative
efforts with democratic partners that--
(1) enhance the institutional capacity and technical
capabilities of defense and security institutions in
democratic partner nations to conduct national or regional
security missions, including through regular bilateral and
multilateral engagements, foreign military sales and
financing, international military education and training
programs, expanding the National Guard State Partnership
Programs, and other means;
(2) provide technical assistance and material support
(including, as appropriate, radars, vessels, and
communications equipment) to relevant security forces to
disrupt, degrade, and dismantle organizations involved in the
illicit trafficking of narcotics and precursor chemicals,
transnational criminal activities, illicit mining, and
illegal, unreported, and unregulated fishing, and other
illicit activities;
(3) enhance the institutional capacity, legitimacy, and
technical capabilities of relevant civilian law enforcement,
attorneys general, and judicial institutions to--
(A) strengthen the rule of law and transparent governance;
(B) combat corruption and kleptocracy in the region; and
(C) improve regional cooperation to disrupt, degrade, and
dismantle transnational organized criminal networks and
terrorist organizations, including through training,
anticorruption initiatives, anti-money laundering programs,
and strengthening cyber capabilities and resources;
(4) enhance port management and maritime security
partnerships and airport management and aviation security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of
people, goods, and services;
(5) strengthen cooperation to improve border security
across the Western Hemisphere, dismantle human smuggling and
trafficking networks, and increase cooperation to
demonstrably strengthen migration management systems;
(6) counter the malign influence of state and non-state
actors and disinformation campaigns;
(7) disrupt illicit domestic and transnational financial
networks;
(8) foster mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) supporting regional preparedness, recovery, and
emergency management centers to facilitate rapid response to
survey and help maintain planning on regional disaster
anticipated needs and possible resources;
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences;
(C) making available, preparing, and transferring on-hand
nonlethal supplies, and providing training on the use of such
supplies, for humanitarian or health purposes to respond to
unforeseen emergencies; and
(D) conducting medical support operations and medical
humanitarian missions, such as hospital ship deployments and
base-operating services, to the extent required by the
operation;
(9) foster regional mechanisms for early warning and
response to pandemics in the Western Hemisphere, including
through--
(A) improved cooperation with and research by the United
States Centers for Disease Control and Prevention through
regional pandemic response centers;
(B) personnel exchanges for technology transfer and skills
development; and
(C) surveying and mapping of health networks to build local
health capacity;
(10) promote the meaningful participation of women across
all political processes, including conflict prevention and
conflict resolution and post-conflict relief and recovery
efforts; and
(11) hold accountable actors that violate political and
civil rights.
(b) Limitations on Use of Technologies.--Operational
technologies transferred pursuant to subsection (a) to
partner governments for intelligence, defense, or law
enforcement purposes shall be used solely for the purposes
for which the technology was intended. The United States
shall take steps to ensure that the use of such operational
technologies is consistent with United States law, including
protections of freedom of expression, freedom of movement,
and freedom of association.
(c) Strategy.--
[[Page S5003]]
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
agencies, shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a 5-year strategy to promote
security and the rule of law in the Western Hemisphere in
accordance to this section.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) A detailed assessment of the resources required to
carry out such collaborative efforts.
(B) Annual benchmarks to track progress and obstacles in
undertaking such collaborative efforts.
(C) A public diplomacy component to engage the people of
the Western Hemisphere with the purpose of demonstrating that
the security of their countries is enhanced to a greater
extent through alignment with the United States and
democratic values rather than with authoritarian countries
such as the People's Republic of China, the Russian
Federation, and the Islamic Republic of Iran.
(3) Briefing.--Not later than 1 year after submission of
the strategy required under paragraph (1), and annually
thereafter, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a briefing on the implementation of the strategy.
SEC. 1297. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE
WESTERN HEMISPHERE.
The Secretary of State, in coordination with the heads of
other relevant Federal agencies, should promote
digitalization and cybersecurity in the Western Hemisphere
through collaborative efforts with democratic partners that--
(1) promote digital connectivity and facilitate e-commerce
by expanding access to information and communications
technology (ICT) supply chains that adhere to high-quality
security and reliability standards, including--
(A) to open market access on a national treatment,
nondiscriminatory basis; and
(B) to strengthen the cybersecurity and cyber resilience of
partner countries;
(2) advance the provision of digital government services
(e-government) that, to the greatest extent possible, promote
transparency, lower business costs, and expand citizens'
access to public services and public information; and
(3) develop robust cybersecurity partnerships to--
(A) promote the inclusion of components and architectures
in information and communications technology (ICT) supply
chains from participants in initiatives that adhere to high-
quality security and reliability standards;
(B) share best practices to mitigate cyber threats to
critical infrastructure from ICT architectures from foreign
countries of concern as defined in section 10612(a)(1) of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19221(a)(1)), foreign entities of concern as defined
in section 10612(a)(2) of the Research and Development,
Competition, and Innovation Act (42 U.S.C. 19221(a)(2)), and
by technology providers that supply equipment and services
covered under section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601);
(C) effectively respond to cybersecurity threats, including
state-sponsored threats; and
(D) to strengthen resilience against cyberattacks and
cybercrime.
SEC. 1298. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN
THE WESTERN HEMISPHERE.
The Secretary of State, in coordination with the United
States Trade Representative, the Chief Executive Officer of
the Development Finance Corporation, and the heads of other
relevant Federal agencies, should support the improvement of
economic conditions in the Western Hemisphere through
collaborative efforts with democratic partners that--
(1) facilitate a more open, transparent, and competitive
environment for United States businesses and promote robust
and comprehensive trade capacity-building and trade
facilitation by--
(A) reducing trade and nontariff barriers between the
countries in the region, establishing a mechanism for
pursuing Mutual Recognition Agreements and Formalized
Regulatory Cooperation Agreements in priority sectors of the
economy;
(B) building relationships and exchanges between relevant
regulatory bodies in the United States and democratic
partners in the Western Hemisphere to promote best practices
and transparency in rulemaking, implementation, and
enforcement, and provide training and assistance to help
improve supply chain management in the Western Hemisphere;
(C) establishing regional fora for identifying, raising,
and addressing supply chain management issues, including
infrastructure needs and strengthening of investment rules
and regulatory frameworks;
(D) establishing a dedicated program of trade missions and
reverse trade missions to increase commercial contacts and
ties between the United States and Western Hemisphere partner
countries; and
(E) strengthening labor and environmental standards in the
region;
(2) establish frameworks or mechanisms to review and
address the long-term financial sustainability and national
security implications of foreign investments in strategic
sectors or services;
(3) establish competitive and transparent infrastructure
project selection and procurement processes that promote
transparency, open competition, financial sustainability, and
robust adherence to global standards and norms;
(4) advance robust and comprehensive energy production and
integration, including through a more open, transparent, and
competitive environment for United States companies competing
in the Western Hemisphere; and
(5) explore opportunities to partner with the private
sector and multilateral institutions, such as the World Bank
and the Inter-American Development Bank, to promote universal
access to reliable and affordable electricity in the Western
Hemisphere.
SEC. 1299. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE
IN THE WESTERN HEMISPHERE.
The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and heads of other relevant Federal agencies,
should support transparent, accountable, and democratic
governance in the Western Hemisphere through collaborative
efforts with democratic partners that--
(1) strengthen the capacity of national electoral
institutions to ensure free, fair, and transparent electoral
processes, including through pre-election assessment
missions, technical assistance, and independent local and
international election monitoring and observation missions;
(2) enhance the capabilities of democratically elected
national legislatures, parliamentary bodies, and autonomous
regulatory institutions to conduct oversight;
(3) strengthen the capacity of subnational government
institutions to govern in a transparent, accountable, and
democratic manner, including through training and technical
assistance;
(4) combat corruption at local and national levels,
including through trainings, cooperation agreements,
initiatives aimed at dismantling corrupt networks, and
political support for bilateral or multilateral
anticorruption mechanisms that strengthen attorneys general
and prosecutors' offices;
(5) strengthen the capacity of civil society to conduct
oversight of government institutions, build the capacity of
independent professional journalism, facilitate substantive
dialogue with government and the private sector to generate
issue-based policies, and mobilize local resources to carry
out such activities;
(6) promote the meaningful and significant participation of
women in democratic processes, including in national and
subnational government and civil society; and
(7) support the creation of procedures for the Organization
of American States (OAS) to create an annual forum for
democratically elected national legislatures from OAS member
States to discuss issues of hemispheric importance, as
expressed in section 4 of the Organization of American States
Legislative Engagement Act of 2020 (Public Law 116-343).
SEC. 1299A. INVESTMENT, TRADE, AND DEVELOPMENT IN LATIN
AMERICA AND THE CARIBBEAN.
(a) Strategy Required.--
(1) In general.--The President shall establish a
comprehensive United States strategy for public and private
investment, trade, and development in Latin America and the
Caribbean.
(2) Focus of strategy.--The strategy required by paragraph
(1) shall focus on increasing exports of United States goods
and services to Latin America and the Caribbean by 200
percent in real dollar value by the date that is 10 years
after the date of the enactment of this Act.
(3) Consultations.--In developing the strategy required by
paragraph (1), the President should consult with--
(A) Congress;
(B) each agency that is a member of the Trade Promotion
Coordinating Committee;
(C) the Secretary of the Treasury, the Secretary of
Commerce, and the United States Executive Director of the
Inter-American Development Bank;
(D) each agency that participates in the Trade Policy Staff
Committee established;
(E) the President's Export Council;
(F) each of the development agencies;
(G) any other Federal agencies with responsibility for
export promotion or financing and development; and
(H) the private sector, including businesses,
nongovernmental organizations, and Latin American and
Caribbean diaspora groups.
(4) Submission to appropriate congressional committees.--
(A) Strategy.--Not later than 200 days after the date of
the enactment of this Act, the President shall submit to
Congress the strategy required by subsection (a).
(B) Progress report.--Not later than 3 years after the date
of the enactment of this Act, the President shall submit to
Congress a report on the implementation of the strategy
required by paragraph (1).
(b) Training.--The President shall develop a plan--
(1) to standardize the training received by United States
and Foreign Commercial Service officers, economic officers of
the Department of State, and economic officers of the United
States Agency for International Development with respect to
the programs and
[[Page S5004]]
procedures of the Export-Import Bank of the United States,
the United States International Development Finance
Corporation, the Small Business Administration, and the
United States Trade and Development Agency; and
(2) to ensure that, not later than one year after the date
of the enactment of this Act--
(A) all United States and Foreign Commercial Service
officers that are stationed overseas receive the training
described in paragraph (1); and
(B) in the case of a country to which no United States and
Foreign Commercial Service officer is assigned, any economic
officer of the Department of State stationed in that country
receives that training.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Finance, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Energy and Commerce of the
House of Representatives.
(2) Development agencies.--The term ``development
agencies'' means the United States Department of State, the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States
International Development Finance Corporation, the United
States Trade and Development Agency, and the United States
Department of Agriculture.
(3) Trade policy staff committee.--The term ``Trade Policy
Staff Committee'' means the Trade Policy Staff Committee
established pursuant to section 2002.2 of title 15, Code of
Federal Regulations.
(4) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established under section
2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(5) United states and foreign commercial service.--The term
``United States and Foreign Commercial Service'' means the
United States and Foreign Commercial Service established by
section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721).
SEC. 1299B. SENSE OF CONGRESS ON PRIORITIZING NOMINATION AND
CONFIRMATION OF QUALIFIED AMBASSADORS.
It is the sense of Congress that it is critically important
that both the President and the Senate play their respective
roles to nominate and confirm qualified ambassadors as
quickly as possible.
SEC. 1299C. WESTERN HEMISPHERE DEFINED.
In this subtitle, the term ``Western Hemisphere'' does not
include Cuba, Nicaragua, or Venezuela.
SEC. 1299D. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED
STATES CITIZENS AS HOSTAGES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report on efforts by the Maduro regime of
Venezuela to detain United States citizens and lawful
permanent residents.
(b) Elements.--The report required by subsection (a) shall
include, regarding the arrest, capture, detainment, and
imprisonment of United States citizens and lawful permanent
residents--
(1) the names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities;
(2) a description of any role played by transnational
criminal organizations, and an identification of such
organizations; and
(3) where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been
lured to Venezuela.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but shall include a
classified annex, which shall include a list of the total
number of United States citizens and lawful permanent
residents detained or imprisoned in Venezuela as of the date
on which the report is submitted.
______
SA 2707. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. SENSE OF CONGRESS IN SUPPORT OF NATO.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization (NATO) was
founded on April 4, 1949, to ``safeguard the freedom, common
heritage and civilisation of [its] peoples, founded on the
principles of democracy, individual liberty and the rule of
law''.
(2) The United States Senate approved the North Atlantic
Treaty of 1949 on July 21, 1949, and the United States
Government acceded to membership in NATO on August 24, 1949.
(3) NATO was originally founded to ensure the collective
security of its members, and stand against the Soviet threat
to peace and acts collectively to promote freedom, stability,
and peace in the North Atlantic region.
(4) Since the formation of NATO, 10 rounds of enlargement
have grown the alliance from 12 members to 32.
(5) NATO is the most successful political-military alliance
in history and, guided by a set of common values, provides
collective defense to more than 950,000,000 people living in
its member nations.
(6) The sustained commitment of NATO to mutual defense has
contributed to the democratic and economic transformation of
Central and Eastern Europe.
(7) Enlargement has strengthened NATO, and the Alliance
remains open to additional enlargement for European states
that advance the principles of the North Atlantic Treaty and
contribute to the security of the North Atlantic area, in
line with Article 10 of the Treaty.
(8) The newest members of the alliance, Finland and Sweden,
contribute already interoperable militaries, including robust
navies, powerful air forces, strong cyber capabilities, and
large numbers of active military personnel and ready
reservists to the alliance.
(9) The allies invoked NATO's Article 5 collective defense
clause for the first and only time to offer political and
military assistance to the United States in responding to the
attacks of September 11, 2001.
(10) NATO serves as a force multiplier, whose command
structures, training institutions, and multilateral exercises
have generated multinational contributions to United States
national security priorities and enabled European and
Canadian soldiers to serve with members of the United States
Armed Forces in various missions.
(11) NATO is currently involved in several operations
benefitting United States national security, including NATO's
Kosovo Force (KFOR), Standing Naval Forces, Operation Sea
Guardian, NATO Mission Iraq, and air policing missions in
Eastern Europe.
(12) Through the Partnership for Peace and Enhanced Forward
Presence, NATO has extended opportunities for cooperation
with non-NATO nations.
(13) NATO members have stood against Russian aggression in
Eastern Europe, reinforced existing battlegroups and
established new ones, supported United States sanctions on
the Russian Federation, and imposed their own sanctions
measures in coordination with the United States and other
allies.
(14) The NATO Wales Summit Declaration of 2014 pledged,
``Allies currently meeting the NATO guideline to spend a
minimum of 2 percent of their Gross Domestic Product (GDP) on
defence will aim to continue to do so . . . Allies whose
current proportion of GDP spent on defence is below this
level will: halt any decline in defence expenditure; aim to
increase defence expenditure in real terms as GDP grows; aim
to move towards the 2 percent guideline within a decade with
a view to meeting their NATO Capability Targets and filling
NATO's capability shortfalls.''
(15) 22 NATO nations have increased their military spending
since the Wales Declaration of 2014.
(16) At the NATO Vilnius Summit in 2023, member countries
affirmed their commitment to spend ``at least'' 2 percent of
GDP on defense, and noted that ``in many cases, expenditure
beyond 2 percent of GDP will be needed in order to remedy
existing shortfalls and meet the requirements across all
domains arising from a more contested security order''.
(17) 20 NATO members still fall short of meeting their 2
percent commitment.
(18) Collective security demands real and sustained burden
sharing.
(19) NATO members that do not meet their 2 percent goal
have a responsibility to the other member states and should
rapidly address their budget shortfalls and prioritize
defense spending.
(20) NATO updated its Strategic Concept planning document
in 2022 to recognize emerging threats to the alliance,
including from the People's Republic of China, and begin the
process of adapting our collective approach to face them in
the coming generation.
(21) At the NATO Vilnius Summit in 2023, NATO reaffirmed
its commitment to its core values and take decisive action to
defend them against threats across multiple domains.
(22) Nations must put defense spending in their base
budgets to provide long-term certainty to NATO planners and
their partners.
(23) The Russian Federation's invasion of Ukraine marks the
largest military conflict in Europe since World War II,
representing a dramatic shift for European security and
requiring NATO to change its policies to increase, modernize,
and enhance its force posture and to create more strategic
depth to adequately confront new challenges.
(24) In adapting to growing aggression by the People's
Republic of China, NATO has deepened its partnerships with
Indo-Pacific allies, including South Korea, Japan, Australia,
and New Zealand.
[[Page S5005]]
(25) Section 1250A of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31) requires the
advice and consent of the Senate for any President of the
United States to suspend, terminate, denounce, or withdraw
the United States from the North Atlantic Treaty.
(b) Sense of Congress.--Congress--
(1) lauds NATO for its 75-year maintenance of the alliance
and recognizes its foundational contributions to maintaining
the safety, security, and democratic systems of its members;
(2) welcomes all NATO members and observers as the United
States hosts the 75th Annual Summit in July 2024, in
Washington, D.C.;
(3) recognizes the key role NATO has played in enabling the
most peaceful and prosperous period in history for the North
Atlantic area and also that NATO does not only benefit the
defense of its own member states, but enhances security and
stability beyond its borders;
(4) appreciates the burden and sacrifice made by each
member nation and each service member who has acted to
maintain the collective security of NATO;
(5) reaffirms that NATO members join by free choice, not by
compulsion or coercion, and that sovereign nations should be
free to choose with whom they associate and enter into
alliances without fear of violent reprisal;
(6) continues to affirm the importance of Article 5 of the
North Atlantic Treaty;
(7) reaffirms the importance of nuclear deterrence in NATO
planning and supports the modernization and development of
new systems while continuing risk-reduction discussions with
our adversaries;
(8) reaffirms that all NATO territory is equally under the
protection of its collective defense;
(9) strongly calls on all NATO member states to immediately
meet their pledges and raise their defense levels above the 2
percent GDP target, and to more fully share the security
burden by focusing on meeting capabilities targets, enhancing
interoperability, improving readiness, and modernization to
respond to the threats that face the alliance on each of its
flanks;
(10) urges all NATO member countries to meet their
commitments to the principles of democracy, individual
liberty, and the rule of law;
(11) stands in robust support of those NATO members who
spend 2 percent or more of their GDPs on defense and
acknowledges the 8 countries that have met that goal since
2014;
(12) welcomes the recent additions of Finland and Sweden to
the alliance;
(13) recognizes that NATO, in its planning processes, must
take into account security threats to the alliance from
around the world, including the People's Republic of China;
(14) encourages NATO to build closer ties with the Indo-
Pacific to confront the challenges posed by the deepening
partnership and alignment between the Russian Federation and
the People's Republic of China;
(15) urges all members to consider the value that Ukraine
will add to NATO's defense and stability for Europe ahead of
the Washington Summit in 2024; and
(16) reaffirms the commitment of the United States to
NATO's mission, and its belief that NATO is the most
successful security alliance in our Nation's history and one
that should continue to be a cornerstone of United States
national security.
______
SA 2708. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. MISSILE TECHNOLOGY CONTROLS REGIME PROVISIONS.
(a) Modification of Certain Provisions Relating to
Bilateral Agreements and AUKUS Defense Trade Cooperation
Under the Arms Export Control Act.--Section 38 of the Arms
Export Control Act (22 U.S.C. 2778) is amended--
(1) in subsection (j)(1)(C)(ii)--
(A) by striking subclauses (I), (II), and (III); and
(B) by redesignating subclauses (IV), (V), (VI), and (VII)
as subclauses (I), (II), (III), and (IV), respectively; and
(2) in subsection (l)(4)(B), by striking ``subsection
(j)(1)(C)(ii)'' and inserting ``any of subclauses (I), (II),
(III), or (IV) of subsection (j)(1)(C)(ii)''.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on the following:
(A) The opportunities and challenges that United States
participation in the Missile Technology Control Regime create
in addressing missile proliferation threats, including a
comprehensive description of diplomatic and technical
engagements with allies and partners regarding MTCR
participation, guidelines, and standards.
(B) The opportunities and challenges United States
participation in the MTCR create regarding security
cooperation with allies and partners, including a
comprehensive description of diplomatic and technical
engagements with allies and partners regarding MTCR
participation, guidelines, and standards.
(C) An update on MTCR-related deliberations and engagements
specific to North Atlantic Treaty Organization (NATO) allies,
Australia, and other partners and allies in the Indo-Pacific,
including--
(i) technical consultations, diplomatic engagements, and
export control regime consultations and assistance; and
(ii) an enumeration of planned modifications to or
recommended changes to address the need for expedited sales
and transfer of MTCR-controlled systems to address threats to
United States national security, including in the Indo-
Pacific region.
(D) A detailed description and assessment of disinformation
and misinformation campaigns or activities seeking to
discredit or undermine global nonproliferation regimes,
including such campaigns or activities conducted by the
People's Republic of China, Iran, Russia, and North Korea and
their assessed impact on such regimes.
(E) A detailed description of Russia's efforts to disrupt
consensus based decisions at the MTCR.
(F) A detailed description and assessment of cooperation
between the People's Republic of China, Iran, Russia, and
North Korea relating to MTCR equipment or technologies.
(G) A comprehensive list, disaggregated by category of MTCR
equipment or technology, of all countries that have sought to
purchase MTCR equipment or technologies during the 10-year
period ending on the date of the enactment of this Act,
including--
(i) average time for an approval or disapproval decision;
(ii) reasoning and procedures that led to an approval or
disapproval decision; and
(iii) details about countries that have repeatedly overcome
the presumption of denial standard if and how the Department
of State expedited considerations for further requests.
(H) A comprehensive list, disaggregated by category of MTCR
equipment or technology, of United States persons that have
sought to export MTCR equipment or technologies to other
countries, including--
(i) average time for an approval or disapproval decision;
(ii) reasoning and procedures that led to an approval or
disapproval decision;
(iii) information on those United States persons who have
challenged any disapproval decision; and
(iv) a detailed explanation of the process United States
persons can follow to appeal a disapproval decision,
including a detailed licensing process that such persons
should expect to follow to in order to receive consideration
for an approval decision.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(c) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Foreign Relations of the Senate; and
(2) the terms ``Missile Technology Control Regime'',
``MTCR'' and ``MTCR equipment or technology'' have the
meanings given those terms in section 74(a) of the Arms
Export Control Act (22 U.S.C. 2797c(a)).
______
SA 2709. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Maintaining Our Ironclad Commitment to Israel's Security
Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Maintaining Our
Ironclad Commitment to Israel's Security Act''.
SEC. 1292. FINDINGS.
Congress makes the following findings:
(1) In 2016, the Obama administration concluded
negotiations with Israel for a 10-year memorandum of
understanding to provide security assistance to Israel for
the period of fiscal years 2019 through 2028 that affirmed
``the unshakeable commitment of the United States to Israel's
security''.
(2) In May 2024, the Biden administration delayed shipment
to Israel of 1,800 2,000-pound bombs and 1,700 500-pound
bombs in an effort to apply political pressure to the
Government of Israel. The decision to delay such shipment was
made without consulting with or notifying Congress and
despite repeated public assurances that the United States-
Israel relationship was ``ironclad'' and that there was ``no
change in policy''.
(3) On May 8, 2024, President Biden stated, with respect to
Israel, ``We're not going to supply the weapons and artillery
shells.''.
SEC. 1293. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Israel has a right to defend itself, which includes the
need for offensive capabilities to
[[Page S5006]]
deter and defeat threats, including threats posed by Iran and
its terrorist proxies Hamas, Hezbollah, and the Houthis;
(2) previously negotiated and approved United States arms
sales to Israel should proceed, and all pauses should be
lifted, to ensure that Israel is properly equipped to defend
itself and defeat threats, including threats posed by Iran
and its terrorist proxies Hamas, Hezbollah, and the Houthis;
and
(3) limiting or otherwise delaying the sale or delivery of
United States-made defense articles to Israel runs counter to
the commitments the United States made to Israel as part of
the 2016 memorandum of understanding and undermines regional
security, including prospective advances in Israel-Saudi
normalization.
SEC. 1294. CONGRESSIONAL OVERSIGHT OF PROPOSED CHANGES TO
ARMS SALES TO ISRAEL.
(a) In General.--The President may not take any action to
pause, suspend, delay, or abrogate the delivery of covered
defense articles and defense services to Israel, including as
part of a policy review, unless, not less than 15 legislative
days prior to such action, the President provides to the
appropriate committees of Congress the notification described
in subsection (b) relating to such pause, suspension, delay,
or abrogation in unclassified form, with a classified annex
as necessary.
(b) Notification Described.--The notification described in
this subsection is a notification relating to a pause,
suspension, delay, or abrogation of the delivery of covered
defense articles and defense services, which shall include
the following:
(1) An identification of the end user of the covered
defense articles and defense services concerned.
(2) A detailed description of the type of covered defense
articles and defense services concerned, including the date
on which Congress was notified of the transfer of such
covered defense articles and defense services.
(3) A policy justification for the pause, suspension,
delay, or abrogation and a description of the potential
impact such action may have on United States national
security interests.
(4) An identification of conditions for lifting the pause,
suspension, delay, or abrogation, a statement as to whether
such conditions will be communicated to the Government of
Israel, and the timeline for meeting such conditions.
(5) A description of the sources of funds used to provide
the covered defense articles and defense services concerned,
including an identification of appropriations accounts, as
applicable.
(6) An identification of any bilateral agreement or
memorandum of understanding related to the authority to
provide the covered defense articles and defense services
concerned.
(7) An assessment as to whether the pause, suspension,
delay, or abrogation would adversely affect the qualitative
military edge of Israel over military threats to Israel.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Qualitative military edge.--The term ``qualitative
military edge'' has the meaning given such term in section
36(h)(3) of the Arms Export Control Act (22 U.S.C.
2776(h)(3)).
SEC. 1295. CONGRESSIONAL REVIEW.
(a) Limitation on Actions During Initial Congressional
Review Period.--During the 15-legislative day period
following the submission of a notification described in
section 1294(b), the President may not take any action to
pause, suspend, delay, or abrogate the delivery of covered
defense articles and defense services to Israel described in
such notification.
(b) Limitation on Actions After Introduction of a Joint
Resolution of Disapproval.--If a joint resolution of
disapproval relating to a notification described in section
1294(b) is introduced, the President may not take any action
relating to the pause, suspension, delay, or abrogation of
the delivery of the covered defense articles and defense
services described in such notification for a period of 10
legislative days, unless the joint resolution sooner passes
both Houses of Congress.
(c) Limitation on Actions During Presidential Consideration
of a Joint Resolution of Disapproval.--If a joint resolution
of disapproval relating to notification described in section
1294(b) passes both Houses of Congress, the President may not
take any action relating to the pause, suspension, delay, or
abrogation of the delivery of the covered defense articles
and defense services described in such notification for a
period of 12 legislative days after the date of passage of
the joint resolution of disapproval, unless the President
sooner vetoes the joint resolution of disapproval.
(d) Limitation on Actions During Congressional
Reconsideration of a Joint Resolution of Disapproval.--If the
President vetoes the joint resolution of disapproval, the
President may not take the action described in such
notification for a period of 10 legislative days after the
date of the President's veto, unless the joint resolution
sooner fails of passage on reconsideration in either House.
(e) Effect of Enactment of a Joint Resolution of
Disapproval.--If a joint resolution of disapproval relating
to notification described in section 1294(b) is enacted into
law, the President may not take any action relating to the
pause, suspension, delay, or abrogation of the delivery to
Israel of the covered defense articles and defense services
described in such notification for a period of 180 days, at
which point, the President shall submit a new notification
relating to any such action.
(f) Joint Resolutions of Disapproval.--
(1) Definition.--In this section, the term ``joint
resolution of disapproval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint resolution
disapproving the President's proposal to pause, suspend,
delay, or abrogate the delivery of covered defense articles
and defense services to Israel.''; and
(B) the sole matter after the resolving clause of which is
the following: ``Congress disapproves of the action relating
to pause, suspend, delay, or abrogate the delivery of covered
defense articles and defense services to Israel proposed by
the President in the notification described in section
1294(b) of the Maintaining Our Ironclad Commitment to
Israel's Security Act on _____ relating to _____., with the
first blank space being filled with the appropriate date and
the second blank space being filled with a short description
of the proposed action.
(2) Introduction.--During the period of 15 legislative days
provided for under subsection (a), a joint resolution of
disapproval may be introduced--
(A) in the House of Representatives, by the majority leader
or the minority leader; and
(B) in the Senate, by the majority leader (or the majority
leader's designee) or the minority leader (or the minority
leader's designee).
(3) Floor consideration in house of representatives.--
(A) Reporting and discharge.--If a committee of the House
of Representatives to which a joint resolution of disapproval
has been referred has not reported the joint resolution
within 5 legislative days after the date of referral, that
committee shall be discharged from further consideration of
the joint resolution.
(B) Proceeding to consideration.--Beginning on the third
legislative day after each committee to which a joint
resolution has been referred reports the joint resolution to
the House or has been discharged from further consideration
thereof, it shall be in order to move to proceed to consider
the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to proceed on
the joint resolution. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A
motion to reconsider the vote by which the motion is disposed
of shall not be in order.
(C) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except
2 hours of debate equally divided and controlled by the
sponsor of the joint resolution (or a designee) and an
opponent. A motion to reconsider the vote on passage of the
joint resolution shall not be in order.
(4) Consideration in the senate.--
(A) Committee referral.--A joint resolution of disapproval
introduced in the Senate shall be referred to the Committee
on Foreign Relations.
(B) Reporting and discharge.--If the Committee on Foreign
Relations has not reported the joint resolution within 5
legislative days after the date of referral of the joint
resolution, that committee shall be discharged from further
consideration of the joint resolution and the joint
resolution shall be placed on the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at any
time after the Committee on Foreign Relations reports a joint
resolution of disapproval to the Senate or has been
discharged from consideration of such a joint resolution
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion 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.
(D) 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 a joint resolution of disapproval shall be
decided without debate.
(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
[[Page S5007]]
(5) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of that House,
that House receives a joint resolution from the other House,
then the following procedures shall apply:
(i) The joint resolution of the other House shall not be
referred to a committee.
(ii) With respect to a joint resolution of the House
receiving the legislation--
(I) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(II) the vote on passage shall be on the joint resolution
of the other House.
(B) Treatment of a joint resolution of other house.--If one
House fails to introduce a joint resolution under this
section, the joint resolution of the other House shall be
entitled to expedited floor procedures under this section.
(C) Treatment of companion measures.--If, following passage
of the joint resolution in the Senate, the Senate then
receives a companion measure from the House of
Representatives, the companion measure shall not be
debatable.
(D) Application to revenue measures.--The provisions of
this paragraph shall not apply in the House of
Representatives to a joint resolution of disapproval that is
a revenue measure.
(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 1296. DEFINITION OF COVERED DEFENSE ARTICLES AND DEFENSE
SERVICES.
In this subtitle, the term ``covered defense articles and
defense services'' means any defense article or defense
service provided under the authority of any of the following:
(1) Section 3 of the Arms Export Control Act (22 U.S.C.
2753).
(2) Section 22 of the Arms Export Control Act (22 U.S.C.
2762).
(3) Section 36 of the Arms Export Control Act (22 U.S.C.
2776).
(4) Section 38 of the Arms Export Control Act (22 U.S.C.
2778).
(5) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(6) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
______
SA 2710. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title X, add the following:
SEC. 1014. IMPROVING DRUG TRAFFICKING REPORTING REQUIREMENTS
AND ENHANCING SANCTIONS ON FENTANYL
TRAFFICKERS.
(a) International Narcotics Control Strategy Report.--
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``March 1'' and inserting ``June 1''; and
(2) in paragraph (8)(A)(i), by striking ``pseudoephedrine''
and all that follows through ``chemicals)'' and inserting
``chemical precursors used in the production of
methamphetamine that significantly affected the United
States''.
(b) Study and Report on Bilateral Efforts to Address
Chinese Fentanyl Trafficking.--
(1) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on the Judiciary of the Senate;
(ii) the Committee on Foreign Relations of the Senate;
(iii) the Committee on the Judiciary of the House of
Representatives; and
(iv) the Committee on Foreign Affairs of the House of
Representatives.
(B) China.--The term ``China'' means the People's Republic
of China.
(C) DEA.--The term ``DEA'' means the Drug Enforcement
Administration.
(2) China's class scheduling of fentanyl and synthetic
opioid precursors.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Attorney General shall jointly submit to the appropriate
committees of Congress an unclassified written report, with a
classified annex, that includes--
(A) a description of United States Government efforts to
gain a commitment from the Government of China to submit
unregulated fentanyl precursors, such as 4-AP, to controls;
(B) a plan for future steps the United States Government
will take to urge the Government of China to combat illicit
fentanyl production and trafficking originating in China;
(C) a detailed description of cooperation by the Government
of China to address the role of the Chinese financial system
and Chinese money laundering organizations in the trafficking
of fentanyl and synthetic opioid precursors;
(D) an assessment of expected impact that the designation
of principal corporate officers of Chinese financial
institutions for facilitating narcotics-related money
laundering would have on Chinese money laundering
organizations; and
(E) an assessment of whether the Trilateral Fentanyl
Committee, which was established by the United States,
Canada, and Mexico during the January 2023 North American
Leaders' Summit, is improving cooperation with law
enforcement and financial regulators in Canada and Mexico to
combat the role of Chinese financial institutions and Chinese
money laundering organizations in narcotics trafficking.
(3) Establishment of dea offices in china.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of State and the Attorney General shall jointly
provide to the appropriate committees of Congress a
classified briefing on--
(A) outreach and negotiations undertaken by the United
States Government with the Government of China that was aimed
at securing the approval of the Government of China to
establish of United States Drug Enforcement Administration
offices in Shanghai and Guangzhou, China; and
(B) additional efforts to establish new partnerships with
provincial-level authorities in China to counter the illicit
trafficking of fentanyl, fentanyl analogues, and their
precursors.
(c) Prioritization of Identification of Persons From
China.--Section 7211 of the Fentanyl Sanctions Act (21 U.S.C.
2311) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Prioritization.--
``(A) Defined term.--In this paragraph, the term `person of
the People's Republic of China' means--
``(i) an individual who is a citizen or national of the
People's Republic of China; or
``(ii) an entity organized under the laws of the People's
Republic of China or otherwise subject to the jurisdiction of
the Government of the People's Republic of China.
``(B) In general.--In preparing the report required under
paragraph (1), the President shall prioritize, to the
greatest extent practicable, the identification of persons of
the People's Republic of China involved in the shipment of
fentanyl, fentanyl analogues, fentanyl precursors, precursors
for fentanyl analogues, pre-precursors for fentanyl and
fentanyl analogues, and equipment for the manufacturing of
fentanyl and fentanyl-laced counterfeit pills to Mexico or
any other country that is involved in the production of
fentanyl trafficked into the United States, including--
``(i) any entity involved in the production of
pharmaceuticals; and
``(ii) any person that is acting on behalf of any such
entity.
``(C) Termination of prioritization.--The President shall
continue the prioritization required under subparagraph (B)
until the President certifies to the appropriate
congressional committees that the People's Republic of China
is no longer the primary source for the shipment of fentanyl,
fentanyl analogues, fentanyl precursors, precursors for
fentanyl analogues, pre-precursors for fentanyl and fentanyl
analogues, and equipment for the manufacturing of fentanyl
and fentanyl-laced counterfeit pills to Mexico or any other
country that is involved in the production of fentanyl
trafficked into the United States.''; and
(2) in subsection (c), by striking ``the date that is 5
years after such date of enactment'' and inserting ``December
31, 2030''.
(d) Expansion of Sanctions Under the Fentanyl Sanctions
Act.--Section 7212 of the Fentanyl Sanctions Act (21 U.S.C.
2312) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the President determines has knowingly has engaged
in, or attempted to engage in, an activity or transaction
that has materially contributed to opioid trafficking; or
``(4) the President determines--
``(A) has received any property or interest in property
that the foreign person knows--
``(i) constitutes or is derived from the proceeds of an
activity or transaction described in paragraph (1); or
``(ii) was used or intended to be used to commit or to
facilitate such an activity or transaction;
``(B) has knowingly provided, or attempted to provide,
financial, material, or technological support for, including
through the provision of goods or services in support of--
``(i) any activity or transaction described in paragraph
(1); or
``(ii) any foreign person described in paragraph (1); or
``(C) is or has been owned, controlled, or directed by any
foreign person described in paragraph (1) or subparagraph (A)
or (B), or
[[Page S5008]]
has knowingly acted or purported to act for or on behalf of,
directly or indirectly, such a foreign person.''.
(e) Imposition of Sanctions With Respect to Agencies or
Instrumentalities of Foreign States.--The President shall--
(1) impose 1 or more of the sanctions described in section
7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with
respect to each agency or instrumentality of a foreign state
(as defined in section 1603(b) of title 28, United States
Code) that the President determines--
(A) has engaged in, or attempted to engage in, an activity
or transaction that has materially contributed to opioid
trafficking; or
(B) has provided, or attempted to provide, financial,
material, or technological support for, (including through
the provision of goods or services in support of) any
activity or transaction described in subparagraph (A); or
(2) impose the sanction described in section 7213(a)(6) of
the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) on each
foreign person that the President determines--
(A) is a senior official of an agency or instrumentality of
a foreign state described in paragraph (1);
(B) is or has been owned, controlled, or directed by an
agency or instrumentality of a foreign state described in
paragraph (1); or
(C) has knowingly acted or purported to act for or on
behalf of, directly or indirectly, such a foreign state.
______
SA 2711. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1228. COOPERATIVE AGREEMENTS TO PROTECT AMERICANS FROM
DRONE ATTACKS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States condemns the January 28, 2024, drone
attack on Tower 22 in Jordan by Iranian-backed militias that
tragically took the lives of 3 American servicemembers and
wounded 47 others;
(2) one-way attack drones and similar low-cost armed
unmanned aerial systems are the most dangerous asymmetric
threat employed by Iranian-aligned militias against Americans
and American interests;
(3) United States defense against drones relies on a
patchwork of defensive systems, and the United States and
like-minded partners need to develop defensive systems that
leverage innovation and are responsive to rapidly changing
technology and attack methodologies;
(4) the United States should improve cooperation with like-
minded partners to systematically map out, expose, and
disrupt missile and drone procurement networks used by the
Iran-backed Houthi rebels in Yemen and other Iranian proxies
targeting United States forces and assets and United States
allies and partners in the region;
(5) the partner countries of the United States, including
Iraq, Jordan, and countries on the Arabian Peninsula, face
urgent and emerging threats from unmanned aerial systems and
other unmanned aerial vehicles;
(6) joint research and development to counter unmanned
aerial systems will serve the national security interests of
the United States and its partners in Iraq, Jordan, and on
the Arabian Peninsula;
(7) development of counter Unmanned Aircraft Systems
technology will reduce the impacts of these attacks, build
deterrence, and increase regional stability; and
(8) the United States and partners in Iraq, Jordan, and on
the Arabian Peninsula should continue to work together to
protect against the threat from unmanned aerial systems.
(b) Authority To Enter Into a Cooperative Agreement to
Protect Americans in Iraq, Jordan, and on the Arabian
Peninsula From Weaponized Unmanned Aerial Systems.--
(1) In general.--The President is authorized to enter into
a cooperative project agreement with Iraq, Jordan, and
countries on the Arabian Peninsula under the authority of
section 27 of the Arms Export Control Act (22 U.S.C. 2767) to
carry out research on and development, testing, evaluation,
and joint production (including follow-on support) of defense
articles and defense services to detect, track, and destroy
armed unmanned aerial systems that threaten the United States
and its partners in Iraq, Jordan, and on the Arabian
Peninsula.
(2) Applicable requirements.--
(A) In general.--The cooperative project agreement
described in paragraph (1)--
(i) shall provide that any activities carried out pursuant
to such agreement are subject to--
(I) the applicable requirements described in subparagraphs
(A), (B), and (C) of section 27(b)(2) of the Arms Export
Control Act (22 U.S.C. 2767(b)(2)); and
(II) any other applicable requirements of the Arms Export
Control Act (22 U.S.C. 2751 et seq.) with respect to the use,
transfer, and security of such defense articles and defense
services under such Act;
(ii) shall establish a framework to negotiate the rights to
intellectual property developed under such agreement; and
(iii) shall be defensive in nature.
(B) Congressional notification requirements.--
Notwithstanding section 27(g) of the Arms Export Control Act
(22 U.S.C. 2767(g)), any defense articles that result from a
cooperative project agreement shall be subject to the
requirements under subsections (b) and (c) of section 36 of
such Act (22 U.S.C. 2776).
(c) Rule of Construction With Respect to Use of Military
Force.--Nothing in this section may be construed as an
authorization for the use of military force.
(d) Arabian Peninsula Defined.--In this section, the term
``Arabian Peninsula'' means Bahrain, Kuwait, Oman, Qatar,
Saudi Arabia, the United Arab Emirates, and Yemen.
______
SA 2712. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. LIMITING UNITED STATES ASSISTANCE THAT DIRECTLY
BENEFITS THE TALIBAN.
(a) Short Title.--This section may be cited as the ``Stop
Supporting the Taliban Act''.
(b) Findings.--Congress finds the following:
(1) After al-Qaeda attacked the United States on September
11, 2001, the United States sought to eliminate al-Qaeda's
safe havens and training camps in Afghanistan.
(2) The Taliban government that was in control of
Afghanistan, under the leadership of Mullah Omar, had granted
al-Qaeda sanctuary in Afghanistan.
(3) The Taliban government fell in 2001 following the
United States-led Operation Enduring Freedom, but returned to
power during the United States' withdrawal from Afghanistan
in August 2021.
(4) The United States Armed Forces and international
partners fought with valor, honor, and effectiveness to
eliminate terrorist threats, including threats against the
United States.
(5) More than 800,000 Americans answered our Nation's call
and served in Operation Enduring Freedom, which was the
longest military operation in United States history.
(6) A total of 2,459 United States military personnel were
killed in Afghanistan during Operation Enduring Freedom and
more than 20,000 servicemembers were wounded during the
operation.
(7) Since the American withdrawal from Afghanistan, the
Taliban have engaged in widespread human rights abuses to
Afghan women and girls and Afghanistan has again become a
terrorism concern.
(8) The Taliban has erased rights for women and girls to
include barring access to education, reinstating guardianship
laws, ejecting women from the workplace, and the resumption
of stoning women in public.
(9) On April 22, 2024, the annual Department of State
Country Report on Human Rights Practices in Afghanistan cited
a ``significant deterioration in women's rights'' due to
Taliban actions, including credible reports of killings,
torture, forced marriages, and extensive gender-based
violence.
(10) On July 31, 2022, al-Qaeda emir Ayman al-Zawahiri, who
was provided sanctuary by the Taliban, was killed in a United
States drone strike in Afghanistan.
(11) On January 29, 2024, the United Nations Security
Council published a report stating ``the relationship between
the Taliban and al-Qaeda remain close'', and in the most
recent 6-month period, al-Qaeda had established up to 8 new
training camps in Afghanistan.
(12) The Taliban lack the capability and the will to
effectively counter the Islamic State Khorasan (commonly
known as ``ISIS-K'').
(13) On March 7, 2024, the Commander of the United States
Central Command Commander testified that terrorist groups,
such as ISIS-K, ``retain a safe haven in Afghanistan''.
(14) On March 22, 2024, ISIS-K killed 140 people in an
attack on a concert venue in Russia, demonstrating the
capability and will to conduct transnational terrorist
attacks.
(15) On April 11, 2024, Federal Bureau of Investigation
Director Christopher Wray testified ``the potential for a
coordinated attack here in the homeland, akin to the ISIS-K
attack'' in Russia is ``increasingly concerning''.
(16) In November 2023, the Special Inspector General for
Afghanistan Reconstruction (SIGAR) testified, ``The Taliban
is diverting or otherwise benefitting from a considerable
amount of U.S. assistance.''.
(17) The May 2024 SIGAR report stated that--
(A) implementing partners of United States assistance
collectively paid at least $10,900,000 to the Taliban; and
(B) several implementing partners were pressured by the
Taliban to divert assistance to populations chosen by the
Taliban rather
[[Page S5009]]
than to allocate assistance based on the needs of the Afghan
people.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Armed Services of the House of
Representatives; and
(F) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers to itself as the
``Islamic Emirate of Afghanistan'', which was founded by
Mohammed Omar, and is led, as of the date of the enactment of
this Act, by Mawlawi Hibatullah Akhundzada; and
(B) includes subordinate organizations, such as the Haqqani
Network, and any successor organization.
(d) Limitation on United States' Contributions to the
Taliban That Support Terrorism or Human Rights Abuses.--
Except as provided in subsection (e), amounts authorized to
be appropriated or otherwise made available for assistance
under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.; relating to Economic Support
Fund) and available for assistance for Afghanistan that
directly benefit the Taliban may only be made available for
such purpose if, not later than 30 days after the date of the
enactment of this Act and every 180 days thereafter, the
Secretary of State submits written certification to the
appropriate congressional committees that the Taliban and all
successor or affiliated organizations--
(1) have publicly and privately broken all ties with other
terrorist groups, including al-Qaeda;
(2) have taken verifiable measures to prevent the use of
Afghanistan as a staging area for terrorist attacks against
the United States or partners or allies of the United States,
including by denying sanctuary space, transit of Afghan
territory, and use of Afghanistan for terrorist training,
planning, or equipping;
(3) have provided humanitarian actors with full, unimpeded
access to vulnerable populations throughout Afghanistan
without interference or diversion;
(4) have respected freedom of movement, including by
facilitating the departure of foreign nationals, Afghan
applicants for the special immigrant visa program, and other
at-risk Afghan nationals by air or land routes, and the safe,
voluntary, and dignified return of displaced persons;
(5) have supported the establishment of an inclusive
Government of Afghanistan that respects the rule of law,
press freedom, and internationally recognized human rights,
including the rights of women and girls; and
(6) have ensured the release of all United States nationals
designated as unlawfully or wrongfully detained in
Afghanistan.
(e) Initial Use and Disposition of Withheld Funds.--
(1) Period of availability.--Amounts withheld pursuant to
subsection (d) are authorized to remain available for an
additional 2 years after the date on which the availability
of such funds would otherwise have expired.
(2) Use of funds.--Amounts withheld pursuant to subsection
(d) may be made available for assistance for Afghanistan that
directly benefits the Taliban if the Secretary of State
provides written certification that the Taliban and any
successor or affiliated organizations have met the conditions
set forth in subsection (d).
(f) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, shall submit a strategy
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that seeks to minimize direct benefits to the Taliban through
United States' humanitarian and development assistance in
Afghanistan.
(2) Elements.--The strategy required under paragraph (1)
shall--
(A) describe in detail the mechanisms used to monitor and
prevent the diversion of United States' assistance to
terrorism and drug trafficking, including through currency
manipulation;
(B) describe in detail any mechanisms for ensuring that--
(i) the Taliban is not--
(I) the intended primary beneficiary or end user of United
States' assistance; or
(II) the direct recipient of such assistance; and
(ii) such assistance is not used for payments to Taliban
creditors;
(C) describe the extent of ownership or control exerted by
the Taliban over entities and individuals that are the
primary beneficiaries or end users of United States'
assistance;
(D) indicate whether United States' assistance or direct
services replace assistance or services previously provided
by the Taliban; and
(E) define ``direct benefit'' for purposes of governing
Department of State and United States Agency for
International Development assistance operations in
Afghanistan.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(g) Reports.--
(1) In general.--If the Secretary of State is unable to
provide written certification to the appropriate
congressional committees that the Taliban and any successor
or affiliated organizations have met the conditions described
in subsection (d), the Secretary, not later than 15 days
after the date on which the Secretary is unable to make such
certification, shall submit to the appropriate congressional
committees a report that contains--
(A) the reasons the Secretary was unable to certify in
writing that such organizations have met such requirements;
and
(B) the total amount of funds to be withheld from
Afghanistan.
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
______
SA 2713. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SECTION 1228. PROHIBITING THE NORMALIZATION OF DIPLOMATIC
RELATIONS WITH SYRIA WHILE BASHAR AL-ASSAD
REMAINS IN POWER.
(a) Short Title.--This section may be cited as the ``Assad
Regime Anti-Normalization Act of 2024''.
(b) Modifications to the Caesar Syria Civilian Protection
Act.--
(1) Caesar syria civilian protection act.--Section 7412 of
the Caesar Syria Civilian Protection Act of 2019 (title LXXIV
of the National Defense Authorization Act for Fiscal Year
2020; 22 U.S.C. 8791 note) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``the President shall
impose'' and all that follows through the end of the
paragraph and inserting ``the President--''
``(A) shall impose the sanctions described in subsection
(b) with respect to a foreign person that the President
determines--
``(i) knowingly engages, on or after such date of
enactment, in an activity described in paragraph (2);
``(ii) is an adult family member of a foreign person
described in clause (i), unless the President determines
there is clear and convincing evidence that such adult family
member has disassociated themselves from the foreign person
described in such clause and has no history of helping such
foreign person conceal assets; or
``(iii) is owned or controlled by a foreign person
described in clause (i) or (ii); and
``(B) may impose the sanctions described in subsection (b)
with respect to a foreign person that the President
determines knowingly provides, on or after such date of
enactment, significant financial, material, or technological
support to a foreign person engaging in an activity described
in any of subparagraphs (B) through (H) of paragraph (2);''.
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) by amending clause (i) to read as follows:
``(i) the Government of Syria (including any entity owned
or controlled by the Government of Syria), a senior political
figure of the Government of Syria, a member of the People's
Assembly of Syria, or a senior foreign political figure (as
such term is defined in section 101.605 of title 31, Code of
Federal Regulations) of the Arab Socialist Ba'ath Party of
Syria, including any such senior foreign political figure who
is--
``(I) a member of the Central Command, Central Committee,
or Auditing and Inspection Committee of such Party; or
``(II) a leader of a local branch of such Party;'';
(bb) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(cc) in clause (iii), by striking the semicolon and
inserting ``; or''; and
(dd) by adding at the end the following:
``(iv) Syria Arab Airlines, Cham Wings, or any foreign
person owned or controlled by Syria Arab Airlines or Cham
Wings;'';
(II) by amending subparagraph (C) to read as follows:
``(C) knowingly sells or provides aircraft or spare
aircraft parts--
``(i) to the Government of Syria; or
``(ii) for or on behalf of the Government of Syria to any
foreign person operating in an area directly or indirectly
controlled by the Government of Syria or foreign forces
associated with the Government of Syria;'';
(III) in subparagraph (D), by striking ``; or'' and
inserting a semicolon;
(IV) in subparagraph (E)--
(aa) by striking ``construction or engineering services''
and inserting ``construction, engineering, or commercial
financial services''; and
[[Page S5010]]
(bb) by striking the closing period and inserting a
semicolon; and
(V) by adding at the end the following:
``(F) purposefully engages in or directs--
``(i) the diversion of goods (including agricultural
commodities, food, medicine, and medical devices), or any
international humanitarian assistance, intended for the
people of Syria; or
``(ii) the dealing in proceeds from the sale or resale of
such diverted goods or international humanitarian assistance,
as the case may be;
``(G) knowingly, directly or indirectly, engages in or
attempts to engage in, the seizure, confiscation, theft, or
expropriation for personal gain or political purposes of
property, including real property, in Syria or owned by a
citizen of Syria;
``(H) knowingly, directly or indirectly, engages in or
attempts to engage in a transaction or transactions for or
with such seized, confiscated, stolen, or expropriated
property described in subparagraph (G); or
``(I) knowingly provides significant financial, material,
or technological support to a foreign person engaging in an
activity described in subparagraph (A).''; and
(iii) by adding at the end the following:
``(4) Transaction defined.--For purposes of the
determination required by subparagraph (a)(2)(A), the term
`transaction' includes in-kind transactions.
``(5) Additional definitions.--In this section:
``(A) Commercial financial services.--The term `commercial
financial services' means any transaction between the
Government of Syria and a foreign bank or foreign financial
institution operating in an area under the control of the
Government of Syria that has a valuation of more than
$5,000,000.
``(B) Financial institution.--The term `financial
institution' means a financial institution specified in any
of subparagraphs (A) through (K), (M), (N), (P), (R), (T),
(Y), or (Z) of section 5312(a)(2) of title 31, United States
Code.
``(6) Significant transaction clarified.--In this section,
the term `significant transaction' includes any natural gas,
electricity, or other energy-related transaction.''; and
(B) by adding at the end the following:
``(c) Congressional Requests.--Not later than 120 days
after receiving a request from the chairman and ranking
member of one of the appropriate congressional committees
with respect to whether a foreign person knowingly engages in
an activity described in subsection (a)(2) the President
shall--
``(1) make the determination specified in subsection (a)(1)
with respect to that foreign person; and
``(2) submit to such chairman and ranking member that
submitted the request a report with respect to such
determination that includes a statement of whether the
President has imposed or intends to impose the sanctions
described in subsection (b) with respect to that foreign
person.''.
(2) Extension of sunset.--Section 7438 of the Caesar Syria
Civilian Protection Act of 2019 (22 U.S.C. 8791 note) is
amended by striking ``the date that is 5 years after the date
of the enactment of this Act'' and inserting ``December 31,
2035''.
(3) Determinations with respect to syria trust for
development.--
(A) Determinations.--Not later than 120 days after the
enactment of this Act, the President shall--
(i) determine whether the nonprofit organization chaired by
Asma Al-Assad, the First Lady of Syria, known as the ``Syria
Trust for Development'' meets the criteria for the imposition
of sanctions--
(I) under section 7412(a) of the Caesar Syria Civilian
Protection Act of 2019, as amended by subsection (a);
(II) under Executive Order No. 13894 (84 Fed. Reg. 55851;
relating to blocking property and suspending entry of certain
persons contributing to the situation in Syria); or
(III) by nature of being owned or controlled by a person
designated under any executive order or regulation
administered by the Office of Foreign Assets Control; and
(ii) submit to the appropriate congressional committees
each such determination, including a justification for the
determination.
(B) Form.--The determination required under subparagraph
(A) shall be submitted in unclassified form, but the
justification required under clause (ii) of such subparagraph
may be included in a classified annex. The unclassified
determination shall be made available on a publicly available
website of the Federal Government.
(C) Sanctions relating to importation of goods unchanged.--
Subparagraph (A) may not be construed to create any new
authorities or requirements to impose sanctions on the
importation of goods.
(D) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(i) the Committee on Armed Services of the Senate;
(ii) the Committee on Foreign Relations of the Senate;
(iii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(iv) the Committee on Armed Services of the House of
Representatives;
(v) the Committee on Foreign Affairs of the House of
Representatives; and
(vi) the Committee on Financial Services of the House of
Representatives.
(4) Findings on applicability with respect to syrian arab
airlines, cham wings airlines, and related entities.--
Congress finds the following:
(A) In 2013, the President identified Syrian Arab Airlines
as a blocked instrumentality or controlled entity of the
Government of Syria and concurrently sanctioned Syrian Arab
Airlines pursuant to Executive Order No. 13224 for acting for
or on behalf of the Islamic Revolutionary Guard Corps-Qods
Force of Iran.
(B) In 2016, the President sanctioned Syria-based Cham
Wings Airlines pursuant to Executive Order No. 13582 for
having materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services
in support of, the Government of Syria and Syrian Arab
Airlines.
(C) Section 7412(a)(2)(A)(iii) of the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note) mandates the
application of sanctions against any foreign person that
``knowingly provides significant financial, material, or
technological support to, or knowingly engages in a
significant transaction with * * * a foreign person subject
to sanctions pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) with respect to Syria or
any other provision of law that imposes sanctions with
respect to Syria,'', which applies to airport service
providers outside of Syria.
(5) Severability.--If any provision of this section, or the
application of such provision to any person or circumstance,
is found to be unconstitutional, the remainder of this
section, or the application of such provision to other
persons or circumstances, shall not be affected.
(c) Prohibition of Recognition of Assad Regime.--
(1) Statement of policy.--It is the policy of the United
States--
(A) to not recognize or normalize relations with any
Government of Syria that is led by Bashar al-Assad due to the
Assad regime's ongoing crimes against the Syrian people,
including failure to meet the criteria outlined in section
7431(a) of the Caesar Syria Civilian Protection Act of 2019
(22 U.S.C. 8791 note);
(B) to actively oppose recognition or normalization of
relations by other governments with any Government of Syria
that is led by Bashar Al-Assad, including by fully
implementing the mandatory primary and secondary sanctions
authorized under the Caesar Syria Civilian Protection Act of
2019 and Executive Order No. 13894; and
(C) to use the full range of authorities, including those
provided under the Caesar Syria Civilian Protection Act of
2019 and Executive Order No. 13894, to deter reconstruction
activities in areas under the control of Bashar al-Assad.
(2) Prohibition.--In accordance with paragraph (1), no
Federal official or employee may take any action, and no
Federal funds may be made available, to recognize or
otherwise imply, in any manner, United States recognition of
Bashar al-Assad or any Government in Syria that is led by
Bashar al-Assad.
(d) Interagency Strategy to Counter Normalization With
Assad Regime.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Committee on Foreign Relations of the Senate;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(iv) the Committee on Appropriations of the Senate;
(v) the Select Committee on Intelligence of the Senate.
(vi) the Committee on Foreign Affairs of the House of
Representatives;
(vii) the Committee on the Judiciary of the House of
Representatives;
(viii) the Committee on Financial Services of the House of
Representatives;
(ix) the Committee on Appropriations of the House of
Representatives; and
(x) the Permanent Select Committee on Intelligence of the
House of Representatives.
(B) Covered transaction.--The term ``covered transaction''
means a transaction, including an investment, grant,
contract, or donation (including a loan or other extension of
credit) by a foreign person located in Turkey, the United
Arab Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait,
the Kingdom of Saudi Arabia, Tunisia, Algeria, Morocco,
Libya, or Lebanon to a recipient in any area of Syria held by
the Assad regime.
(2) Report and strategy required.--
(A) Submission.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State, in consultation
with the Secretary of the Treasury, the Administrator of the
Drug Enforcement Administration, and the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report and a
strategy that describes any counter actions taken or planned
by foreign governments to normalize, engage with, or upgrade
political, diplomatic, or economic ties with the regime led
by Bashar al-Assad in Syria (referred to in this subsection
as the ``Assad regime'').
(B) Elements.--The report required under subparagraph (A)
shall include--
(i) a description of violations of international law and
human rights abuses committed by Bashar al-Assad, the
Government
[[Page S5011]]
of the Russian Federation, or the Government of Iran and
progress towards justice and accountability for the Syrian
people;
(ii) a full list of diplomatic meetings at the Ambassador
level or above, between the Syrian regime and any
representative of the Governments of Turkey, the United Arab
Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, the
Kingdom of Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or
Lebanon, respectively;
(iii) a list including an identification of--
(I) any single covered transaction exceeding $500,000; and
(II) any combination of covered transactions by the same
source that, in aggregate, exceed $500,000 and occur within a
single year;
(iv) for each identified single transaction or aggregate
transactions, as the case may be, included in the list
described in clause (iii), a determination of whether such
transaction subjects any of the parties to the transaction to
sanctions under the Caesar Syria Civilian Protection Act of
2019, as amended by subsection (b);
(v) a description of the steps the United States is taking
to actively deter recognition or normalization of relations
by other governments with the Assad regime, including
specific diplomatic engagements and use of economic sanctions
authorized by statutes or implemented through Executive
orders, including--
(I) the Caesar Syria Civilian Protection Act of 2019 (22
U.S.C. 8791 note);
(II) the Syria Accountability and Lebanese Sovereignty
Restoration Act (22 U.S.C. 2151 note);
(III) the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8501 et seq.);
(IV) Executive Order No. 13894 (84 Fed. Reg. 55851;
relating to blocking property and suspending entry of certain
persons contributing to the situation in Syria);
(V) the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 10101 et seq.);
(VI) the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9401 et seq.); and
(VII) the Foreign Narcotics Kingpin Designation Act (21
U.S.C. 1901 et seq.); and
(vi) an assessment of how recognition or normalization of
relations by other governments with the Assad regime impacts
the national security of the United States, prospects for
implementation of the United Nations Security Council
Resolution 2254, prospects for justice and accountability for
war crimes in Syria, and the benefits derived by the
Government of the Russian Federation or the Government of
Iran.
(3) Scope.--The initial report required under paragraph (2)
shall address the period beginning on January 1, 2021, and
ending on the date of the enactment of this Act, and each
subsequent report shall address the 1-year period following
the conclusion of the scope of the prior report.
(4) Form.--Each report submitted pursuant to paragraph (2))
shall be submitted in unclassified form, but may contain a
classified annex. The unclassified section of such a report
shall be made publicly available on a website of the United
States Federal Government.
(e) Reports on Manipulation of United Nations by Assad
Regime in Syria.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that describes the manipulation of the United
Nations by the regime led by Bashar al-Assad in Syria
(referred to in this subsection as the ``Assad regime'') and
includes--
(1) a description of conditions, both explicit and
implicit, set by the Assad regime with respect to United
Nations operations in Syria, including with respect to
implementing partners, hiring practices, allocation of grants
and contracts, and procurement of goods and services;
(2) a description of the extent to which the United Nations
has rejected or otherwise opposed any of the conditions
described in paragraph (1);
(3) an identification of any officials or employees of the
United Nations (including funds, programs and specialized
agencies of the United Nations) with ties to the Assad
regime, including family ties, or persons designated for
sanctions by United Nations donor countries;
(4) a full account of access restrictions imposed by the
Assad regime and the overall impact on the ability of the
United Nations to deliver international assistance to target
beneficiaries in areas outside regime control;
(5) a description of ways in which United Nations aid
improperly benefits the Assad regime and its associates in
defiance of basic humanitarian principles;
(6) a description of the due diligence mechanisms and
vetting procedures in place to ensure entities contracted by
the United Nations to ensure goods, supplies, or services
provided to Syria do not have links to the Assad regime,
known human rights abusers, or persons designated for
sanctions by United Nations donor countries;
(7) an identification of entities affiliated with the Assad
regime, including the Syria Trust for Development and the
Syrian Arab Red Crescent, foreign government ministries, and
private corporations owned or controlled directly or
indirectly by the Assad regime, that have received United
Nations funding, contracts, or grants or have otherwise
entered into a formalized partnership with the United
Nations;
(8) an assessment of how the Assad regime sets arbitrary or
punitive exchange rates to extract funding from the United
Nations, as well as the total amount extracted by such means;
(9) an assessment of the degree to which the various forms
of manipulation described in this section has resulted in
compromises of the humanitarian principles of humanity,
neutrality, impartiality, and independence of the United
Nations; and
(10) a strategy to reduce the ability of the Assad regime
to manipulate or otherwise influence the United Nations and
other aid operations in Syria and ensure United States and
international aid is delivered in a neutral and impartial
manner consistent with basic humanitarian principles.
(f) Interagency Strategy to Free Austin Tice and Repatriate
American Remains From the Bashar Al-Assad Regime in Syria.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the heads of other
appropriate Federal agencies, shall submit a written strategy
to the appropriate congressional committees to secure the
release of all hostages or unlawfully or wrongfully detained
United States nationals from Syria.
(2) Elements.--The strategy required under paragraph (1)
shall include--
(A) a detailed description of the efforts by the United
States Government to secure the release of United States
nationals during the previous 12-month period, including
working through intermediaries;
(B) a detailed description of the efforts and formal
mechanisms of senior administration officials to keep family
members of detained Americans informed of the latest
developments relating to their detention, which shall include
appropriate declassification of relevant information;
(C) a detailed plan for monitoring and assessing the
health, well-being, location, conditions, and treatment of
American hostages or unlawfully or wrongfully detained United
States nationals in Syria;
(D) a description of the efforts by the United States
Government to repatriate the remains of United States
citizens killed by the Assad regime or the Islamic State in
Syria, including Majd Kamalmaz, Kayla Mueller, James Foley,
Peter Kassig, Steven Sotloff, and others; and
(E) a description of the efforts by the United States
Government to seek accountability for Bashar al-Assad's
crimes against United States citizens, including the murder
of Majd Kamalmaz and the kidnaping and imprisonment of Austin
Tice.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(4) Special rule.--The Special Presidential Envoy for
Hostage Affairs shall share as much information as possible
from the strategy submitted pursuant to paragraph (1) with--
(A) the family of each of the American hostages in Syria;
(B) Americans who are being unlawfully or wrongfully
detained in Syria; and
(C) families of Americans who have been killed by the
Islamic State in Syria and whose remains have not been
returned.
(g) Rule of Construction.--Nothing in this section may be
construed as prohibiting United States officials from
engaging directly with representatives of the Assad regime
for the purposes of--
(1) securing the release of American hostages or wrongfully
or unlawfully detained Americans; or
(2) seeking the repatriation of the remains of Americans
who have been killed in Syria.
______
SA 2714. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. GOVERNING ETHICAL AI USE AND INNOVATION FOR HEALTH
CARE DEVELOPMENT AND EQUITY.
(a) National Institutes of Health.--Part A of title IV of
the Public Health Service Act is amended by inserting after
section 403D (42 U.S.C. 283a-3) the following:
``SEC. 403E. ARTIFICIAL INTELLIGENCE.
``(a) In General.--The Director of NIH shall--
``(1) develop computational resources and datasets
necessary to use artificial intelligence approaches for
health and health care research;
``(2) provide expertise in biomedical research and the use
of artificial intelligence;
``(3) develop and maintain federated resources that provide
unified access to data from fundamental biomedical research
and the clinical care environment;
``(4) provide education and ongoing support to a nationwide
user community to foster scientifically sound, ethical, and
inclusive
[[Page S5012]]
research using artificial intelligence that addresses the
health needs of all individuals; and
``(5) extend the clinical research capabilities of the
National Institutes of Health to address significant gaps in
evidence to guide clinical care and to serve the needs of
every community.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Director of NIH to carry out this
section $400,000,000 for fiscal year 2025.''.
(b) Office of the National Coordinator for Health
Information Technology.--Subtitle C of title XXX of the
Public Health Service Act (42 U.S.C. 300jj-51 et seq.) is
amended by adding at the end the following:
``SEC. 3023. ARTIFICIAL INTELLIGENCE.
``(a) In General.--The National Coordinator shall--
``(1) carry out activities to engage in health research
by--
``(A) utilizing the electronic health record as a data
collection tool; and
``(B) requiring that individuals are offered an opportunity
to direct the use of their health data for research; and
``(2) establish data and interoperability standards for
access, exchange, and use of clinical and administrative data
from the clinical care environment through a National
Artificial Intelligence Research Resource, in alignment
with--
``(A) the United States Core Data for Interoperability;
``(B) the Fast Health Interoperability Resources; and
``(C) the Trusted Exchange Framework and Common Agreement.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the National Coordinator for
fiscal year 2025--
``(1) $10,000,000 to carry out subsection (a)(1); and
``(2) $50,000,000 to carry out subsection (a)(2).''.
(c) Medicare Requirement for Hospitals Relating to Use of
Electronic Health Records Data for Research Purposes.--
Section 1866(a)(1) of the Social Security Act (42 U.S.C.
1395cc(a)(1)) is amended--
(1) by moving the indentation of subparagraph (W) 2 ems to
the left;
(2) in subparagraph (X)--
(A) by moving the indentation 2 ems to the left; and
(B) by striking ``and'' at the end;
(3) in subparagraph (Y), by striking the period at the end
and inserting ``; and''; and
(4) by inserting after subparagraph (Y) the following new
subparagraph:
``(Z) in the case of a hospital, with respect to each
individual who is admitted to the hospital on or after the
date that is 1 year after the date of enactment of this
subparagraph, to--
``(i) request permission of the individual to share the
health data of the individual for research purposes in
accordance with section 3023(a)(1) of the Public Health
Service Act; and
``(ii) in the case where the individual grants permissions
to the sharing of such data, share the electronic health
record of the individual for such purposes in accordance with
such section.''.
(d) Sense of the Senate.--It is the sense of the Senate
that any steering subcommittee (or similar entity) for a
National Artificial Intelligence Research Resource
established in the Interagency Committee established under
section 5103 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
9413) shall include an officer or employee of the National
Institutes of Health.
(e) National Library of Medicine.--
(1) In general.--Section 465(b) of the Public Health
Service Act (42 U.S.C. 286(b)) is amended--
(A) in paragraph (7), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (8) as paragraph (10); and
(C) by inserting after paragraph (7) the following:
``(8) establish facilities so that the Library serves as
the central exchange center of federated data sharing;
``(9) establish a core data science program to guide and
enable a diverse and comprehensive community of research data
users; and''.
(2) Authorization of appropriations.--Subpart 1 of part D
of title IV of the Public Health Service Act (42 U.S.C. 286
et seq.) is amended by adding at the end the following:
``SEC. 468. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
for fiscal year 2025--
``(1) $100,000,000 to carry out section 465(b)(8); and
``(2) $100,000,000 to carry out section 465(b)(9).''.
(f) Offset of Costs Using Unobligated Amounts From the
Inflation Reduction Act of 2022.--Of the unobligated balances
of amounts appropriated or otherwise made available for
activities of the Internal Revenue Service by section 10301
of Public Law 117-169 (commonly known as the ``Inflation
Reduction Act of 2022'') as of the date of the enactment of
this Act, $660,000,000 are hereby rescinded.
______
SA 2715. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. USE OF ARTIFICIAL INTELLIGENCE BY REGULATED
FINANCIAL ENTITIES.
(a) Definitions.--In this section:
(1) AI test project.--The term ``AI test project'' means a
financial product or service that falls under the
jurisdiction of a financial regulatory agency--
(A) uses artificial intelligence; and
(B) is or may be subject to a Federal regulation or Federal
statute.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in (15 U.S.C.
9401).
(3) Federal securities laws.--The term ``Federal securities
laws'' means--
(A) the Securities Act of 1933 (15 U.S.C. 77a et seq.);
(B) the Securities Exchange Act of 1934 (15 U.S.C. 78a et
seq.);
(C) the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et
seq.);
(D) the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et
seq.);
(E) the Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.);
(F) the Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et
seq.); and
(G) the Jumpstart Our Business Startup Act (Public Law 112-
106; 126 Stat. 306).
(4) Financial product or service.--The term ``financial
product or service''--
(A) has the meaning given the term in section 1002 of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481);
(B) includes--
(i) activities that are financial in nature, as defined in
section 4(k)(4) of the Bank Holding Company Act of 1956 (12
U.S.C. 1843(k)(4));
(ii) any financial product or service provided by a person
regulated by the Commission, as defined in 1002 of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5481);
and
(iii) includes the offer or sale of any security subject to
the Federal securities laws
(C) does not include the business of insurance.
(5) Financial regulatory agency.--The term ``financial
regulatory agency'' means--
(A) the Board of Governors of the Federal Reserve System;
(B) the Federal Deposit Insurance Corporation;
(C) the Office of the Comptroller of the Currency;
(D) the Securities and Exchange Commission;
(E) the Bureau of Consumer Financial Protection;
(F) the National Credit Union Administration; and
(G) the Federal Housing Finance Agency.
(6) Regulated entity.--The term ``regulated entity'' means
an entity regulated by any financial regulatory agency.
(b) Regulatory Sandboxes.--
(1) Establishment.--Each financial regulatory agency shall
establish a regulatory sandbox that allows regulated entities
to experiment with AI test projects without unnecessary or
unduly burdensome regulation or fear of retroactive
enforcement actions.
(2) Applications.--
(A) Submission.--
(i) In general.--A regulated entity may submit to each
appropriate financial regulatory agency an application, on a
form determined by the appropriate agency, to engage in an AI
test project.
(ii) Contents.--An application submitted under clause (i)
shall include--
(I) an alternative compliance strategy that proposes a
method to comply with the agency regulations and Federal
statutory requirements, including an explanation as to why
such modification is essential to the operation of the
entity;
(II) a demonstration that under the strategy described in
subclause (I), that the AI test project--
(aa) would serve the public interest, improve consumer
access to a financial product or service, or promote consumer
protection;
(bb) would enhance efficiency or operations, foster
innovation or competitiveness, improve risk management and
security, or enhance regulatory compliance;
(cc) would not present a systemic risk to the financial
system of the United States;
(dd) continues to meet the purposes of the anti-money
laundering and countering the financing of terrorism
obligations under subchapter II of chapter 53 of title 31,
United States Code; and
(ee) would not present a national security risk to the
United States
(III) propose a date on which an AI Test Project would
terminate and explain why such termination date would be
appropriate; and
(IV) an estimate of the economic impact of the AI test
project if approved.
(iii) Joint applications.--Two or more regulated entities
may submit a joint application under clause (i).
(B) Agency review.--
(i) In general.--Except as provided in clause (v), not
later than 60 days after the date on which an application is
submitted to an agency under subparagraph (A), the agency
shall--
[[Page S5013]]
(I) review the application; and
(II) submit to the applicant in writing a determination of
the agency.
(ii) Approval.--
(I) In general.--If the applicant shows that it is more
likely than not that the application meets the requirements
for establishing an alternative compliance strategy and meets
the requirements described in subparagraph (A)(ii)(II), the
agency shall approve the application.
(II) Effect of approval.--Beginning on the date on which an
application submitted under subparagraph (A) is approved--
(aa) an agency that is not a party to an alternative
compliance agreement entered into under this section--
(AA) may not attempt to enforce, including making a matter
requiring attention or a matter requiring immediate
attention, against the entity who is party to the agreement
for activities in the test project and
(BB) may continue to enforce, against the entity who is
party to the agreement, any regulation or Federal law over
which the agency has enforcement authority that has not
included in the agreement; and
(bb) the financial regulatory agency that approved the
application shall notify any other financial regulatory
agency of the approval.
(III) Rule of construction.--Nothing in this clause may be
construed to limit the authority of a financial regulatory
agency to take an enforcement action against an applicant
with respect to fraud relating to the AI test project.
(iii) Denial.--
(I) In general.--If an agency denies an application
submitted under subparagraph (A), the agency shall--
(aa) submit to the applicant a written notice explaining
the reason for denial, including evidence that the applicant
did not satisfy the requirements for establishing an
alternative compliance strategy and the baseline used by the
agency to measure the likely economic consequences of
rejecting the application; and
(bb) provide the applicant a reasonable amount of time, but
in no case earlier than 30 days after issuance of the written
notice of denial, before the agency takes an enforcement
action against the applicant.
(II) Resubmittals.--Each time an application submitted
under subparagraph (A) is denied, the regulated entity may
submit another application if the application is not
substantially similar to the one denied.
(III) Injunctive relief.--If a financial regulatory agency
determines an AI test project presents an immediate danger to
consumers or presents a risk to financial markets, the agency
may file a civil action in an appropriate court seeking to
enjoin such project.
(IV) Rule of construction.--Nothing in this clause may be
construed to limit the authority of a financial regulatory
agency to take an enforcement action against an applicant
with respect to fraud relating to the AI test project.
(iv) Extension.--If the financial regulatory agency needs
additional time, the agency may vote to extend the
application deadline by 90 days. After the expiration of the
90-day period, if the agency has not made a determination on
the application, the application will automatically be deemed
approved and effective.
(C) Data security.--All data supplied by sponsors of AI
test projects submitted under this section shall be stored in
a secure manner.
(D) Regulations.--Not later than 180 days after the date of
enactment of this Act, each financial regulatory agency shall
promulgate regulations that--
(i) shall be published in the Federal Register and provide
a 45-day period for public notice and comment;
(ii) include--
(I) procedures for modifying the AI test projects that are
approved by the agency;
(II) consequences for failure to comply with set terms;
(III) termination dates not earlier than 1 year after the
date on which AI test projects are approved;
(IV) procedures to extend the termination date described in
subclause (III); and
(V) procedures for confidentiality.
(c) Report.--Each financial regulatory agency shall submit
to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the
House of Representatives an annual report on the outcomes of
AI test projects.
(d) Regulations.--After approving not fewer than 1 AI test
project, an agency may promulgate regulations, after
providing an notice and an opportunity for public comment,
other activities in other areas that qualify as AI test
projects.
______
SA 2716. Mr. ROUNDS (for himself and Ms. Smith) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. 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 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 2717. Mr. ROUNDS (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. 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
[[Page S5014]]
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.''.
(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 2718. Mr. ROUNDS (for himself, Mr. Schumer, Mr. Heinrich, and Mr.
Young) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. REPORT ON ARTIFICIAL INTELLIGENCE REGULATION IN
FINANCIAL SERVICES INDUSTRY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, each of the Board of Governors of the
Federal Reserve System, the Federal Deposit Insurance
Corporation, the Office of the Comptroller of the Currency,
the National Credit Union Administration, and the Bureau of
Consumer Financial Protection shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives a report on the gap in knowledge of the
agency relating to artificial intelligence, including an
analysis on--
(1) which tasks are most frequently being assisted or
completed with artificial intelligence in the institutions
the agency regulates;
(2) current governance standards in place for artificial
intelligence use at the agency and current standards in place
for artificial intelligence oversight by the agency;
(3) potentially additional regulatory authorities required
by the agency to continue to successfully execute the mission
of the agency;
(4) where artificial intelligence may lead to overlapping
regulatory issues between agencies that require
clarification;
(5) how the agency is currently using artificial
intelligence, how the agency plans to use such artificial
intelligence the next 3 years, and the expected impact,
including fiscal and staffing, of those plans; and
(6) what resources, monetary or other resources, if any,
the agency requires to both adapt to the changes that
artificial intelligence will bring to the regulatory
landscape and to adequately adopt and oversee the use of
artificial intelligence across the operations described in
paragraph (5).
(b) Rule of Construction.--Nothing in this section may be
construed to require an agency to include confidential
supervisory information or predecisional or deliberative
nonpublic information in a report under this section.
______
SA 2719. Mr. CORNYN (for himself and Mr. Peters) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, insert the
following:
SECTION 829. USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
PRODUCTS BY THE DEPARTMENT OF DEFENSE.
(a) Prohibition on Procurement and Use.--Subject to
subsection (b) and notwithstanding sections 1905 through 1907
of title 41, United States Code, the Secretary of Defense may
not procure or obtain, renew a contract to procure or obtain,
or use a covered product that is procured from an entity
other than--
(1) an original equipment manufacturer; or
(2) an authorized reseller.
(b) Waiver.--
(1) In general.--Upon written notice to the Director of the
Office of Management and Budget, the Secretary of Defense may
waive the prohibition under subsection (a) with respect to a
covered product if the Secretary determines that--
(A) the waiver is necessary in the interest of national
security; or
(B) procuring, obtaining, or using the covered product is
necessary--
(i) for the purpose of scientifically valid research (as
defined in section 102 the Education Sciences Reform Act of
2002 (20 U.S.C. 9501)); or
(ii) to avoid jeopardizing the performance of mission
critical functions.
(2) Notice.--The notice described in paragraph (1)--
(A) shall--
(i) specify, with respect to the waiver under paragraph
(1)--
(I) the justification for the waiver;
(II) any security mitigations that have been implemented;
and
(III) with respect to a waiver that necessitates a security
mitigation, the plan of action and milestones to avoid future
waivers for subsequent similar purchases; and
(ii) be submitted in an unclassified form; and
(B) may include a classified annex.
(3) Duration.--With respect to a waiver for the purpose of
research, as described in paragraph (1)(B)(i), the waiver
shall be effective for the duration of the research
identified in the waiver.
(c) Reports to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until the date
that is 6 years after the date of enactment of this Act, the
Director of the Office of Management and Budget shall submit
to the congressional defense committees a report that lists--
(A) the number and types of covered products for which a
waiver under subsection (b)(1) was granted during the 1-year
period preceding the date of the submission of the report;
and
(B) the legal authority under which each waiver described
in subparagraph (A) was
[[Page S5015]]
granted, such as whether the waiver was granted pursuant to
subparagraph (A) or (B) of subsection (b)(1).
(2) Classification of report.--Each report submitted under
this subsection--
(A) shall be submitted in unclassified form; and
(B) may include a classified annex that contains the
information described in paragraph (1)(B).
(d) Effective Date.--This section shall take effect on the
date that is 1 year after the date of enactment of this Act.
(e) Definitions.--In this section:
(1) Authorized reseller.--The term ``authorized reseller''
means a reseller, after market manufacturer, supplier, or
distributor of a covered product with a direct or prime
contractual arrangement with, or the express written
authority of, the original equipment manufacturer of the
covered product to manufacture, buy, stock, repackage, sell,
resell, repair, service, otherwise support, or distribute the
covered product.
(2) Covered product.--The term ``covered product''--
(A) means an information and communications technology end-
use hardware product or component, including software and
firmware that comprise the end-use hardware product or
component; and
(B) does not include--
(i) other software; or
(ii) an end-use hardware product--
(I) in which there is embedded information and
communications technology; and
(II) the principal function of which is not the creation,
manipulation, storage, display, receipt, or transmission of
electronic data and information.
(3) End-use product.--The term ``end-use product'' means a
product ready for use by the maintainer, integrator, or end
user of the product.
(4) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given the term in section 4713 of title
41, United States Code; and
(B) includes information and communications technologies
covered by definitions contained in the Federal Acquisition
Regulation, including definitions added after the date of the
enactment of this Act by the Federal Acquisition Regulatory
Council pursuant to notice and comment.
(5) Original equipment manufacturer.--The term ``original
equipment manufacturer'' means a company that manufactures a
covered product that the company--
(A) designed from self-sourced or purchased components; and
(B) sells under the name of the company.
______
SA 2720. Mr. KELLY (for himself, Mr. Padilla, and Mr. Thune)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 594. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO E.
ROYCE WILLIAMS FOR ACTS OF VALOR DURING THE
KOREAN WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 8298 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 8291 of such title to E. Royce Williams for the acts
of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described
in this subsection are the actions of E. Royce Williams--
(1) as a lieutenant in the Navy, on November 18, 1952, for
which he was previously awarded the Navy Cross and the
Taegeuk Order of Military Merit of South Korea; and
(2) as an Ace fighter pilot who shot down multiple MiG
aircraft.
______
SA 2721. Mr. KELLY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 358. BRIEFING ON STATUS OF POWER PROJECTION WING AT
DAVIS-MONTHAN AIR FORCE BASE.
Not later than March 1, 2025, the Secretary of the Air
Force shall brief the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives on the status of the stand-up of the power
projection wing at Davis-Monthan Air Force Base, including
any additional funding or authority needed for such stand-up.
______
SA 2722. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EXPANDING WHISTLEBLOWER PROTECTIONS FOR CONTRACTORS
ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Expanding Whistleblower Protections for Contractors Act of
2024''.
(b) Defense Contractor Employees: Protection From Reprisal
for Disclosure of Certain Information.--Section 4701 of title
10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``An employee'' and all that follows
through ``services contractor'' and inserting ``A protected
individual''; and
(II) by striking ``disclosing'' and all that follows
through ``evidence of''; and
(ii) by striking subparagraphs (A), (B), and (C) and
inserting the following subparagraphs:
``(A) Refusing to obey an order that would require the
protected individual to violate a law, rule, or regulation
related to any contract, subcontract, grant, or subgrant.
``(B) Disclosing to a person or body described in paragraph
(2) information that the protected individual reasonably
believes is evidence of the following:
``(i) Gross mismanagement of any Department of Defense
contract or grant, any gross waste of Department funds, any
abuse of authority relating to any Department contract,
subcontract, grant, or subgrant, or any violation of law,
rule, or regulation related to any Department contract or
subcontract (including the competition for or negotiation of
a contract or subcontract) or grant or subgrant.
``(ii) Gross mismanagement of any National Aeronautics and
Space Administration contract or grant, any gross waste of
Administration funds, any abuse of authority relating to an
Administration contract, subcontract, grant, or subgrant, or
any violation of law, rule, or regulation related to any
Administration contract or subcontract (including the
competition for or negotiation of a contract or subcontract)
or grant or subgrant.
``(iii) A substantial and specific danger to public health
or safety.''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``an employee'' and
inserting ``a protected individual''; and
(ii) by striking subparagraph (B) and inserting the
following subparagraph:
``(B) it shall not be within the authority of an executive
branch official to request that a contractor, subcontractor,
grantee, or subgrantee engage in a reprisal prohibited by
paragraph (1).'';
(2) in subsection (c)--
(A) in paragraph (1), by adding at the end the following
subparagraph:
``(E) Propose appropriate disciplinary action against any
executive branch official for any request made of a
contractor, subcontractor, grantee, or subgrantee that
subjected the complainant to a reprisal prohibited by
subsection (a).''; and
(B) by striking paragraph (7) and inserting the following
paragraph:
``(7) Clarification for Scope of Waiver Restrictions.--(A)
The rights, forum, and remedies provided for in this section
may not be waived by any public or private agreement, policy,
form, or condition of employment, including by any predispute
arbitration agreement.
``(B) No provision of the predispute arbitration agreement
shall be valid or enforceable if it requires arbitration of a
dispute arising under this section.'';
(3) by striking subsection (e) and redesignating
subsections (f) and (g) as subsections (e) and (f),
respectively;
(4) in subsection (e), as so redesignated--
(A) by striking ``an employee'' and inserting ``a protected
individual''; and
(B) by striking ``the employee'' and inserting ``the
protected individual''; and
(5) in subsection (f), as so redesignated, by adding at the
end the following new paragraph:
``(8) The term `protected individual' means--
``(A) a contractor, subcontractor, grantee, or subgrantee
of the Department of Defense or the National Aeronautics and
Space Administration, including--
``(i) the government of each of the several States, the
District of Columbia, an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
``(ii) the government of any political subdivision of,
agency of, or instrumentality of, a government listed in
clause (i); and
``(iii) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) within the Department of Defense;
[[Page S5016]]
``(B) an employee of a contractor, subcontractor, grantee,
or subgrantee of the Department of Defense or the National
Aeronautics and Space Administration, or a former employee of
such contractor, subcontractor, grantee, or subgrantee whose
protected disclosure or engagement in any activity protected
against reprisal under this section occurred prior to
termination, including an employee of--
``(i) the government of each of the several States, the
District of Columbia, an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
``(ii) the government of any political subdivision of,
agency of, or instrumentality of, a government listed in
clause (i); and
``(iii) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) within the Department of Defense; or
``(C) a person performing personal services for the
Department of Defense or the National Aeronautics and Space
Administration pursuant to a contractual agreement for the
performance of personal services, including a personal
services contract or personal services agreement, and who
engages in an activity for which any reprisal is prohibited
under subsection (a), including a person performing personal
services pursuant such a contractual agreement for--
``(i) the government of each of the several States, the
District of Columbia, an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
``(ii) the government of any political subdivision of,
agency of, or instrumentality of, a government listed in
clause (i); and
``(iii) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) within the Department of Defense.''.
(c) Enhancement of Non-defense Contractor Protection From
Reprisal for Disclosure of Certain Information.--Section 4712
of title 41, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following
paragraph:
``(1) In general.--A protected individual may not be
discharged, demoted, or otherwise discriminated against as a
reprisal for the following:
``(A) Refusing to obey an order that would require the
protected individual to violate a law, rule, or regulation
related to any contract, subcontract, grant, or subgrant.
``(B) Disclosing to a person or body described in paragraph
(2) information that the protected individual reasonably
believes is evidence of the following:
``(i) Gross mismanagement of any Federal contract or grant,
any gross waste of Federal funds, any abuse of authority
relating to any Federal contract, subcontract, grant, or
subgrant, or any violation of law, rule, or regulation
related to any Federal contract or subcontract (including the
competition for or negotiation of a contract or subcontract)
or grant or subgrant.
``(ii) A substantial and specific danger to public health
or safety.''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``an employee'' and
inserting ``a protected individual''; and
(ii) by striking subparagraph (B) and inserting the
following subparagraph:
``(B) it shall not be within the authority of an executive
branch official to request that a contractor, subcontractor,
grantee, or subgrantee engage in a reprisal prohibited by
paragraph (1).'';
(2) in subsection (c)--
(A) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Propose appropriate disciplinary action against any
executive branch official for any request made of a
contractor, subcontractor, grantee, or subgrantee that
subjected the complainant to a reprisal prohibited by
subsection (a).''; and
(B) by striking paragraph (7) and inserting the following
paragraph:
``(7) Rights, forum, and remedies not waivable.--
``(A) In general.--The rights, forum, and remedies provided
for in this section may not be waived by any public or
private agreement, policy, form, or condition of employment,
including by any predispute arbitration agreement.
``(B) Validity.--No provision of the predispute arbitration
agreement shall be valid or enforceable if it requires
arbitration of a dispute arising under this section.'';
(3) in subsection (e)--
(A) by striking ``an employee'' and inserting ``a protected
individual''; and
(B) by striking ``the employee'' and inserting ``the
protected individual'';
(4) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and
(5) in subsection (f), as so redesignated, by inserting
after paragraph (2) the following new paragraph:
``(3) The term `protected individual' means--
``(A) a contractor, subcontractor, grantee, or subgrantee
of the Federal Government, including--
``(i) the government of each of the several States, the
District of Columbia, an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
``(ii) the government of any political subdivision of,
agency of, or instrumentality of, a government listed in
clause (i); and
``(iii) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003));
``(B) an employee of a contractor, subcontractor, grantee,
or subgrantee of the Federal Government or a former employee
of such contractor, subcontractor, grantee, or subgrantee
whose protected disclosure or engagement in any activity
protected against reprisal under this section occurred prior
to termination, including an employee of--
``(i) the government of each of the several States, the
District of Columbia, an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
``(ii) the government of any political subdivision of,
agency of, or instrumentality of, a government listed in
clause (i); and
``(iii) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)); or
``(C) a person performing personal services for the Federal
Government pursuant to a contractual agreement for the
performance of personal services, including a personal
services contract or personal services agreement, including a
person performing personal services pursuant to such a
contractual agreement for--
``(i) the government of each of the several States, the
District of Columbia, an Indian tribe or authorized tribal
organization, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
``(ii) the government of any political subdivision of,
agency of, or instrumentality of, a government listed in
clause (i); and
``(iii) an element of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)).''.
______
SA 2723. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1006. ADJUSTMENT RELATED TO TRANSITION RULES FOR CBP
OFFICERS.
(a) Short Title.--This section may be cited as the ``U.S.
Customs and Border Protection Officer Retirement Technical
Corrections Act''.
(b) Defined Term.--In this section, the term ``Eligible
Individual'' means any individual who--
(1) received a tentative offer of employment as a U.S.
Customs and Border Protection officer before July 6, 2008;
and
(2) entered into duty as a U.S. Customs and Border
Protection officer on or after July 6, 2008, as a result of
an offer described in paragraph (1).
(c) Treatment of Eligible Individuals.--Eligible
Individuals--
(1) are considered to be individuals serving as U.S.
Customs and Border Protection Officers on July 6, 2008, for
purposes of section 535(e) of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 1844); and
(2) are entitled to--
(A) the minimum annuity amount required under section
535(e)(2)(C) of such Act; and
(B) an exemption from mandatory retirement otherwise
required under section 8425(b)(1) of title 5, United States
Code.
(d) Implementation.--
(1) Submission of information.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall--
(A) create a list of all Eligible Individuals;
(B) notify each Eligible Individual of the annuity
correction described in subsection (c); and
(C) provide the Director of the Office of Personnel
Management with all of the information that is necessary for
making annuity corrections with respect to Eligible
Individuals.
(2) Completion of annuity correction.--After receiving the
information described in paragraph (1)(C), the Director of
the Office of Personnel Management shall make the annuity
correction described in subsection (c) with respect to each
Eligible Individual, including a retroactive annuity
adjustment for Eligible Individuals who retired before the
date of the enactment of this Act.
(e) Waivers and Guidance.--
(1) Waivers.--The Secretary of Homeland Security may
retroactively waive the maximum entry age requirement under
3307(g) of
[[Page S5017]]
title 5, United States Code, to the extent necessary, to
ensure that each Eligible Individual is eligible for
immediate retirement with the annuity correction described in
subsection (c).
(2) Guidance.--The Director of the Office of Personnel
Management, in consultation with the Secretary of Homeland
Security, shall issue appropriate guidance to assist in the
implementation of the annuity correction described in
subsection (c).
(f) Government Accountability Office.--The Comptroller
General of the United States--
(1) shall review U.S. Customs and Border Protection
(referred to in this subsection as ``CBP'') hiring practices,
policies, and procedures related to eligibility for enhanced
retirement benefits referred to in this section by
assessing--
(A) the process for determining whether an employee
qualifies for such benefits, including considering any
potential factors that would make an employee ineligible for
such enhanced retirement benefits;
(B) the internal controls used by CBP to ensure that all
eligible employees, and only eligible employees, receive such
enhanced retirement benefits;
(C) the policies regarding the use of employees' personnel
files to ensure compliance with current laws governing
retirement benefits; and
(D) the adequacy of the training provided to CBP senior
executives regarding human resources and hiring practices at
CBP; and
(2) not later than 18 months after the date of the
enactment of this Act, shall submit a report to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives that describes the results of the review
conducted pursuant to paragraph (1).
______
SA 2724. Mr. PETERS (for himself and Mr. Romney) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SECTION 1095. GOVERNMENT SPENDING OVERSIGHT.
(a) In General.--Section 424 of title 5, United States
Code, is amended by adding at the end the following:
``(f) Government Spending Oversight Committee.--
``(1) Definitions.-- In this subsection:
``(A) Agency.--The term `agency' has the meaning given the
term in section 551 of this title.
``(B) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committees on Appropriations of the Senate and
the House of Representatives;
``(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(iii) the Committee on Oversight and Accountability of
the House of Representatives; and
``(iv) any other relevant congressional committee of
jurisdiction.
``(C) Chairperson.--The term `Chairperson' means the
Chairperson of the Committee.
``(D) Committee.--The term `Committee' means the Government
Spending Oversight Committee established under paragraph (2).
``(E) Covered funds.--The term `covered funds' means--
``(i) any funds, including loans, that are made available
in any form to any non-Federal entity or individual, under--
``(I) division A or B of the CARES Act (Public Law 116-
136);
``(II) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-123);
``(III) the Families First Coronavirus Response Act (Public
Law 116-127);
``(IV) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139);
``(V) division M or N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260);
``(VI) the American Rescue Plan Act of 2021 (Public Law
117-2);
``(VII) any loan guaranteed or made by the Small Business
Administration, including any direct loan or guarantee of a
trust certificate, under the Small Business Act (15 U.S.C.
631 et seq.), the Small Business Investment Act of 1958 (15
U.S.C. 661 et seq.), or any other provision of law;
``(VIII) unemployment compensation, as defined in section
85 of the Internal Revenue Code of 1986;
``(IX) the Infrastructure Investment and Jobs Act (Public
Law 117-58);
``(X) Public Law 117-169 (commonly known as the `Inflation
Reduction Act');
``(XI) the Honoring our PACT Act of 2022 (Public Law 117-
168); or
``(XII) the CHIPS Act of 2022 (division A of Public Law
117-167 (commonly known as the `CHIPS and Science Act of
2022'));
``(ii) any Federal grant of not less than $50,000; and
``(iii) any intramural payment made Government wide for
research activity.
``(2) Establishment.--There is established within the
Council the Government Spending Oversight Committee to
promote transparency and conduct and support oversight of
covered funds to--
``(A) prevent and detect fraud, waste, abuse, and
mismanagement; and
``(B) mitigate major risks that cut across programs and
agency boundaries.
``(3) Chairperson.--The Chairperson of the Committee--
``(A) shall be selected by the Chairperson of the Council
from among Inspectors General appointed by the President and
confirmed by the Senate; and
``(B) should have experience managing oversight of large
organizations and expenditures.
``(4) Membership.--The members of the Committee shall
include--
``(A) the Chairperson;
``(B) the Inspector General of the Department of Labor;
``(C) the Inspector General of the Department of Health and
Human Services;
``(D) the Inspector General of the Small Business
Administration;
``(E) the Inspector General of the Department of the
Treasury;
``(F) the Inspector General of the Department of
Transportation;
``(G) the Treasury Inspector General for Tax
Administration;
``(H) the Inspector General of the Department of Veterans
Affairs;
``(I) the Inspector General of the Department of Commerce;
``(J) the Inspector General of the Department of Justice;
``(K) the Inspector General of the Department of Defense;
``(L) the Inspector General of the Department of Education;
``(M) the Inspector General of the Department of Homeland
Security; and
``(N) any other Inspector General, as designated by the
Chairperson, from any agency that expends or obligates
covered funds.
``(5) Executive director.--
``(A) In general.--There shall be an Executive Director of
the Committee.
``(B) Appointment; qualifications.--The Executive Director
of the Committee shall--
``(i) be appointed by the Chairperson, in consultation with
the majority leader of the Senate, the Speaker of the House
of Representatives, the minority leader of the Senate, and
the minority leader of the House of Representatives;
``(ii) have demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigations;
``(iii) have experience managing oversight of large
organizations and expenditures; and
``(iv) be a full-time employee of the Committee.
``(C) Duties.--The Executive Director of the Committee
shall--
``(i) report directly to the Chairperson;
``(ii) appoint staff of the Committee, subject to the
approval of the Chairperson, consistent with this subsection;
``(iii) supervise and coordinate Committee functions and
staff; and
``(iv) perform any other duties assigned to the Executive
Director by the Committee.
``(D) Notice.--The Chairperson shall provide notice to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives when appointing or removing
the Executive Director of the Committee.
``(6) Prohibition on additional compensation.--Members of
the Committee may not receive additional compensation for
services performed.
``(7) Duties of the committee.--
``(A) In general.--The Committee shall conduct oversight of
covered funds and support Inspectors General in the oversight
of covered funds in order to--
``(i) detect and prevent fraud, waste, abuse, and
mismanagement; and
``(ii) identify major risks that cut across programs and
agency boundaries.
``(B) General functions.--The Committee, in coordination
with relevant Inspectors General, may--
``(i) provide support to, and collaborate with, relevant
Inspectors General in conducting investigations, audits, and
reviews relating to covered funds, including through--
``(I) data analytics;
``(II) the sharing of data, tools, and services;
``(III) the development and enhancement of data practices,
analysis, and visualization; and
``(IV) any other appropriate means as determined by the
Committee;
``(ii) provide analytical products to agencies, in
coordination with Inspectors General, to promote program
integrity, prevent improper payments, and facilitate
verification efforts to ensure proper expenditure and
utilization of covered funds;
``(iii) review the economy, efficiency, and effectiveness
in the administration of, and the detection of fraud, waste,
abuse, and mismanagement in, programs and operations using
covered funds;
``(iv) review whether there are appropriate mechanisms for
interagency collaboration relating to the oversight of
covered funds, including coordinating and collaborating to
the extent practicable with State and local government
entities; and
``(v) expeditiously report to the Attorney General any
instance in which the Committee has reasonable grounds to
believe
[[Page S5018]]
there has been a violation of Federal criminal law.
``(C) Additional functions.--The Committee may provide
investigative support to prosecutive and enforcement
authorities to protect program integrity and prevent, detect,
and prosecute fraud of covered funds.
``(D) Reporting.--
``(i) Alerts.--The Committee shall submit to the President
and Congress, including the appropriate congressional
committees, management alerts on potential management, risk,
and funding problems that require immediate attention.
``(ii) Reports and updates.--The Committee shall submit to
Congress such other reports or provide such periodic updates
on the work of the Committee as the Committee considers
appropriate on the use of covered funds.
``(iii) Biannual reports.--The Committee shall submit
biannual reports to the President and Congress, including the
appropriate congressional committees, and may submit
additional reports as appropriate summarizing the findings of
the Committee and any recommended changes to the scope of
covered funds.
``(iv) Public availability.--All reports submitted under
this subparagraph shall be made publicly available and posted
on the website established under paragraph (16).
``(v) Redactions.--Any portion of a report submitted under
this paragraph may be redacted when made publicly available,
if that portion would disclose information that is not
subject to disclosure under sections 552 and 552a of this
title, or is otherwise prohibited from disclosure by law.
``(E) Recommendations.--
``(i) In general.--The Committee shall make recommendations
to agencies on measures to prevent or address fraud, waste,
abuse, and mismanagement, and to mitigate major risks that
cut across programs and agency boundaries, relating to
covered funds.
``(ii) Report.--Not later than 30 days after receipt of a
recommendation under clause (i), an agency shall submit a
report to the President and the appropriate congressional
committees on--
``(I) whether the agency agrees or disagrees with the
recommendations; and
``(II) any actions the agency will take to implement the
recommendations, which shall also be included in the report
required under section 2(b)(3) of the GAO-IG Act (31 U.S.C.
1105 note; Public Law 115-414).
``(8) Authorities.--
``(A) In general.--In carrying out the duties and functions
under this subsection with respect to the oversight of
covered funds, the Committee shall--
``(i) carry out those duties and functions in accordance
with section 404(b)(1) of this title;
``(ii) in coordination with relevant Inspectors General,
have the authorities provided under and be subject to
paragraphs (1) through (4) of subsection (a) and subsections
(h), (j), and (k) of section 406;
``(iii) be considered to be conducting civil or criminal
law enforcement activity for the purposes of section
552a(b)(7) of this title; and
``(iv) for the purposes of sections 552 and 552a of this
title, be considered to be a component which performs as its
principal function an activity pertaining to the enforcement
of criminal laws, and its records may constitute
investigatory material compiled for law enforcement purposes.
``(B) Limitation on subpoena authority.--When carrying out
subpoena authority under section 406(a)(4) of this title, the
following limitations shall apply to the Committee:
``(i) Any subpoena issued under this subsection shall be
signed by the Chairperson, and this power is non-delegable.
``(ii) On a quarterly basis, the Committee shall notify the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives of any subpoenas issued
during the preceding quarter.
``(iii) The authority to issue a subpoena under this
subsection shall terminate on the date that is 5 years after
the effective date of this subsection.
``(9) Refusal of information or assistance.-- Whenever
information or assistance requested by the Committee or an
Inspector General on the Committee is unreasonably refused or
not provided, the Committee shall immediately report the
circumstances to the appropriate congressional committees.
``(10) Use of existing resources.--The Committee shall
leverage existing information technology resources within the
Council, such as oversight.gov and those developed by the
Pandemic Response Accountability Committee established under
section 15010 of the CARES Act (Public Law 116-136; 134 Stat.
533), to carry out the duties of the Committee.
``(11) Contracts.--The Committee may enter into contracts
to enable the Committee to discharge its duties, including
contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary
to carry out the duties of the Committee.
``(12) Subcommittees.--The Committee may establish
subcommittees to facilitate the ability of the Committee to
discharge its duties.
``(13) Transfer of funds, assets, and obligations.--
``(A) Funds.--The Committee may transfer funds appropriated
to the Committee--
``(i) for expenses to support administrative support
services and audits, reviews, or other activities related to
oversight by the Committee of covered funds to any Office of
the Inspector General or the General Services Administration;
and
``(ii) to reimburse for services provided by the Council.
``(B) Assets and obligations.--
``(i) Assets defined.--In this subparagraph, the term
`assets' includes contracts, agreements, facilities,
property, data, records, unobligated or unexpended balances
of appropriations, and other funds or resources (other than
personnel).
``(ii) Transfer.--Upon the effective date of this
subsection, the assets and obligations held by or available
in connection with the Pandemic Response Accountability
Committee established under 15010 of the CARES Act (Public
Law 116-136; 134 Stat. 533) shall be transferred to the
Committee.
``(14) Additional staff.--
``(A) In general.--Subject to subparagraph (B), the
Committee may exercise the authorities of subsections (b)
through (i) of section 3161 of this title (without regard to
subsection (a) of that section) to meet temporary or urgent
needs of the Committee under this subsection, as certified by
the Chairperson to the appropriate congressional committees
that such temporary or urgent needs exist, as if the
Committee were a temporary organization.
``(B) Head of organization.--For purposes of exercising the
authorities described in subparagraph (A), the term
`Chairperson' shall be substituted for the term `head of a
temporary organization'.
``(C) Consultation.--In exercising the authorities
described in subparagraph (A), the Chairperson shall consult
with members of the Committee.
``(D) Additional detailees.--In addition to the authority
provided by section 3161(c) of this title, upon the request
of an Inspector General, the Committee may detail, on a
nonreimbursable basis, any personnel of the Committee to that
Inspector General to assist in carrying out any audit,
review, or investigation pertaining to the oversight of
covered funds.
``(E) Limitations.--In exercising the employment
authorities under section 3161(b) of this title, as provided
under subparagraph (A) of this paragraph--
``(i) section 3161(b)(2) of this title (relating to periods
of appointments) shall not apply; and
``(ii) no period of appointment may exceed the date on
which the Committee terminates.
``(F) Competitive service.--A person employed by the
Committee shall acquire competitive status and conditional
tenure for appointment to any position in the competitive
service for which the employee possesses the required
qualifications upon the completion of 2 years of continuous
service as an employee under this subsection.
``(G) Annuitants.--
``(i) In general.--The Committee may employ annuitants
covered by section 9902(g) of this title for purposes of the
oversight of covered funds.
``(ii) Treatment of annuitants.--The employment of
annuitants under this paragraph shall be subject to the
provisions of section 9902(g) of this title, as if the
Committee were the Department of Defense.
``(15) Provision of information.--
``(A) Requests.--Upon request of the Committee for
information or assistance from any agency or other entity of
the Federal Government, the head of such entity shall,
insofar as is practicable and not in contravention of any
existing law, and consistent with section 406 of this title,
furnish such information or assistance to the Committee, or
an authorized designee, including an Inspector General
designated by the Chairperson.
``(B) Inspectors general.--Any Inspector General
responsible for conducting oversight related to covered funds
may, consistent with the duties, responsibilities, policies,
and procedures of the Inspector General, provide information
requested by the Committee or an Inspector General on the
Committee relating to the responsibilities of the Committee.
``(16) Website.--
``(A) In general.--Not later than 30 days after the
effective date of this subsection, the Committee shall
establish and maintain a user-friendly, public-facing
website--
``(i) to foster greater accountability and transparency in
the use of covered funds, which shall have a uniform resource
locator that is descriptive and memorable; and
``(ii) that shall be a portal or gateway to key information
relating to the oversight of covered funds and provide
connections to other Government websites with related
information.
``(17) Coordination.--The Committee shall coordinate its
oversight activities with the Comptroller General of the
United States and State auditors.
``(18) Notice.--The Chairperson shall provide notice to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives when designating or removing
an Inspector General from the membership of the Committee
under paragraph (4).
``(19) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) affect the independent authority of an Inspector
General to determine whether to conduct an audit or
investigation of covered funds; or
[[Page S5019]]
``(B) require the Council or any Inspector General to
provide funding to support the activities of the Committee.
``(20) Authorization of appropriations.--
``(A) In general.--For the purposes of carrying out the
mission of the Committee under this subsection, there are
authorized to be appropriated $17,000,000 for each of fiscal
years 2026 and 2027 to carry out the duties and functions of
the Committee.
``(B) Report to congress.--Not later than 1 year after the
effective date of this subsection, the Chairperson shall
submit to the appropriate congressional committees a report
that details the anticipated future budgetary needs of the
Committee.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect on September 30, 2025.
______
SA 2725. Mr. PETERS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle D--Classification Reform for Transparency Act of 2024
SEC. 1549. SHORT TITLE.
This subtitle may be cited as the ``Classification Reform
for Transparency Act of 2024''.
SEC. 1550. DEFINITIONS.
In this subtitle:
(1) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(2) Classification system.--The term ``classification
system'' means the system of the Federal Government for
classification and declassification.
(3) Classified information.--The term ``classified
information'' has the meaning given the term ``classified
information of the United States'' in section 1924(c) of
title 18, United States Code.
(4) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(6) Information.--The term ``information'' means any
knowledge that can be communicated or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of
the Federal Government.
(7) National declassification center.--The term ``National
Declassification Center'' means the National Declassification
Center established by section 3.7 of Executive Order 13526
(50 U.S.C. 3161 note; relating to classified national
security information), or successor center.
(8) Panel.--The term ``Panel'' means the Interagency
Security Classification Appeals Panel established by section
5.3 of Executive Order 13526 (50 U.S.C. 3161 note; relating
to classified national security information), or successor
panel.
SEC. 1551. CLASSIFICATION PROHIBITIONS AND LIMITATIONS.
(a) In General.--Notwithstanding any other provision of
law, in no case shall information be classified, continue to
be maintained as classified, or fail to be declassified in
order--
(1) to conceal a violation of law, inefficiency,
mismanagement, or administrative error;
(2) to prevent embarrassment to a person, organization, or
element of the Federal Government;
(3) to restrain competition; or
(4) to prevent or delay the release of information that
does not require protection in the interest of the national
security.
(b) Basic Scientific Research.--Basic scientific research
information not clearly related to the national security of
the United States shall not be classified.
(c) Reclassification.--
(1) In general.--Except as provided in paragraph (2),
information may not be reclassified after declassification
and release to the public under proper authority.
(2) Waiver.--The National Security Advisor may authorize
the reclassification of information after declassification
and release as described in paragraph (1) in a case in which
the National Security Advisor determines that doing so is in
the interest of national security.
SEC. 1552. TASK FORCE ON STREAMLINING CLASSIFICATION SYSTEM
AND NARROWING OF CLASSIFICATION CRITERIA.
(a) Establishment Required.--Not later than 90 days after
the date of the enactment of this Act, the President shall
establish a task force to streamline the classification
system and to narrow the criteria for classification.
(b) Membership.--The task force established pursuant to
subsection (a) shall be composed of members selected as
follows:
(1) At least 1 member selected by the Director of National
Intelligence.
(2) At least 1 member selected by the Archivist of the
United States.
(3) At least 1 member selected by the Secretary of Defense.
(4) At least 1 member selected by the Secretary of State.
(5) At least 1 member selected by the Attorney General.
(6) Such additional members as the President considers
appropriate.
(c) Duties.--The duties of the task force established
pursuant to subsection (a) are as follows:
(1) To create a plan for phasing out the use in the
classification system of the classification level designated
as ``Confidential''.
(2) To develop specific guidance on the precise meaning of
``damage to the national security'' as it pertains to
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor
order.
(3) To develop specific guidance on the precise meaning of
``intelligence sources or methods'' as it pertains to such
Executive Order.
(4) To develop additional guidance related to narrowing the
criteria for classification and the exemptions from automatic
declassification.
(d) Deadline and Report.--Not later than 1 year after the
date on which the President establishes the task force
required by subsection (a), the task force shall--
(1) complete the duties set forth under subsection (c); and
(2) submit to Congress and make publicly available a report
with the plan created under paragraph (1) of subsection (c)
and the guidance developed under paragraphs (2) and (3) of
such subsection.
SEC. 1553. AUTOMATIC EXPIRATION OF CLASSIFICATION STATUS.
(a) Automatic Expiration.--
(1) In general.--Subject to subsection (b), the
classification marking on any information that is more than
50 years old shall be considered expired, and the information
shall be considered unclassified.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 3 years after the date of the enactment of this
Act.
(b) Authority to Exempt.--The President may, as the
President considers appropriate, exempt specific information
from the requirement of subsection (a)(1) pursuant to a
request received by the President pursuant to subsection (c).
(c) Requests for Exemptions.--In extraordinary cases, the
head of an Executive agency may request from the President an
exemption to the requirement of subsection (a)(1) for
specific information that reveals--
(1) the identity of a human source or human intelligence
source in a case in which the source or a relative of the
source is alive and disclosure would present a clear danger
to the safety of the source or relative;
(2) a key design concept of a weapon of mass destruction;
or
(3) information that would result in critical harm to
ongoing or future operations.
(d) Notification.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committee of
Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Oversight and Accountability and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) In general.--If an exemption is requested pursuant to
subsection (c), the President shall, not later than 30 days
after the date on which the President approves or rejects the
requested exemption, submit to Congress, including the
appropriate committees of Congress, notice of such approval
or rejection.
(3) Contents.--Each notice submitted pursuant to paragraph
(2) for an approval or rejection shall include a
justification for the approval or rejection.
(4) Form.--To the degree practicable, each notice submitted
pursuant to paragraph (2) shall be submitted in unclassified
form.
SEC. 1554. REFORMS OF THE CLASSIFICATION SYSTEM.
(a) Declassification Authority of National Declassification
Center.--Beginning 1 year after the date that the National
Declassification Center refers any information that is among
the holdings of the National Archives and eligible for
automatic declassification pursuant to Executive Order 13526
(50 U.S.C. 3161 note; relating to classified national
security information), or successor order, to any relevant
Executive agency for review and if such Executive agency has
not completed the review, the National Declassification
Center may declassify the information without requiring
review by or approval for declassification or release from
any Executive agency.
(b) Incorporation of Interagency Security Classification
Appeals Panel in Classification and Declassification
Guidance.--
(1) Decisions of panel as binding precedent.--Decisions of
the Panel shall create a binding precedent on each Executive
agency with respect to the classification status of
information subject to the decision, unless the decision is
overturned by the President.
(2) Timing of binding precedent.--Decisions of the Panel
shall become binding on each Executive agency after an
appeal--
(A) is not exercised by an agency; or
(B) is rejected by the President.
(3) Incorporation of decisions into guidance.--The National
Declassification Center
[[Page S5020]]
and each head of an Executive agency shall incorporate
decisions of the Panel into classification and
declassification guidance as may be applicable.
(4) Congressional oversight.--
(A) Definition of appropriate committees of congress.--In
this paragraph, the term ``appropriate committee of
Congress'' means--
(i) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate; and
(ii) the Committee on Oversight and Accountability and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(B) Annual report.--Each year, the Panel shall submit to
the appropriate committees of Congress an annual report
summarizing the decisions of the Panel for the year covered
by the report and the precedents that were created.
(c) Declassification Upon Request of Congress.--
(1) In general.--Not later than 90 days after the date on
which the head of an Executive agency receives a request from
a chair, vice-chair, or ranking member of an appropriate
committee of Congress for declassification of specific
information in the possession of the Executive agency, the
head of the Executive agency shall--
(A) review the information for declassification; and
(B) provide the member of Congress--
(i) the declassified information or document; or
(ii) notice that, pursuant to review under subparagraph
(A), the information is not being declassified, along with a
justification for not declassifying the information.
(2) Complex or lengthy requests.--In a case in which the
head of an Executive agency receives a request as described
in paragraph (1) and the head determines that such request is
particularly complex or lengthy, such paragraph shall be
applied by substituting ``180 days'' for ``90 days''.
(d) Mandatory Declassification Review for Matters in the
Public Interest.--The President shall require that the
mandatory declassification review process established
pursuant to Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information), or
successor order, include--
(1) a process by which members of the public may request
declassification of information in cases in which--
(A) the information meets the standards for classification;
and
(B) the public interest in disclosure would outweigh the
national security harm that could reasonably be expected to
result from disclosure of the information; and
(2) an expedited process for consideration of
declassification of information in cases in which there is
urgency to inform the public concerning actual or alleged
Federal Government activity.
(e) Remediation To Address Excessive Classification and
Insufficient Declassification Actions of Employees and
Contractors.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each head of an Executive agency
shall develop and implement, in consultation with the
Director of the Office of Personnel Management, the Director
of National Intelligence, and the Director of the Information
Security Oversight Office, a system that includes the
following elements:
(A) Periodic audits, or other evidence-based approaches, to
identify and correct agency-wide trends in employees of
Executive agencies who knowingly, willfully, negligently, or
frequently classify information--
(i) that does not meet the standard for classification set
forth in the applicable Executive Order or statute; or
(ii) at a higher level than warranted under the applicable
Executive Order or statute.
(B) Remedial measures or administrative penalties, as may
be appropriate, including reprimand, suspension without pay,
removal, termination of classification authority, loss or
denial of access to classified information, or other
sanctions in accordance with applicable law and agency
regulation.
(C) At a minimum, the prompt removal of the classification
authority of any individual who demonstrates reckless
disregard or a pattern of error in applying the
classification standards of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security
information), or successor order.
(D) Periodic reevaluation for employees who are identified
pursuant to subparagraph (A).
(E) Development of criteria to incorporate responsible use
of the classification system in the performance standards and
reviews of employees whose duties significantly involve the
creation or handling of classified information.
(F) A safe harbor for employees who fail to apply
classification markings to, or otherwise protect, classified
information in cases in which--
(i) the employee identifies significant ambiguity as to the
classification status of the information; or
(ii) the failure is an isolated or rare instance and is
neither willful, knowing, or negligent.
(G) Employees who meet the criteria to utilize a safe
harbor as specified in subparagraph (F) shall not be subject
to any remedial measures or administrative penalties,
including suspension or termination of clearance or
classification authority, as a result of their failure to
apply classification markings to, or otherwise protect,
classified information.
(H) Cash awards or other incentives to promote meritorious
challenges to unnecessary classification, pursuant to section
1.8 of Executive Order 13526 (50 U.S.C. 3161 note; relating
to classified national security information), or comparable
provision of a successor order, or significant contributions
to the declassification of information that is eligible for
declassification.
(I) The incorporation of the standards, requirements, and
other elements of the system into existing and future
contracts that involve the handling of classified
information.
(2) Preservation of existing employee protections.--
Paragraph (1) shall not be construed to require the
elimination of any employee protections in effect on the day
before the date of the enactment of this Act.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Director of the Office of
Personnel Management, the Director of National Intelligence,
and the Director of the Information Security Oversight Office
shall jointly submit to Congress a report on the status of
Executive agency implementation of systems pursuant to
paragraph (1).
(B) Contents.--The report required by subparagraph (A)
shall include the following:
(i) Identification of any relevant leading practices by
Executive agencies.
(ii) Identification of Executive agencies that have failed
to develop a system in accordance with paragraph (1).
(f) Identification of Harm to National Security.--At the
time of original classification, in addition to the
identifications and markings required by section 1.6 of
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor
order, the original classification authority shall identify
in writing the specific harm to national security that could
reasonably be expected to result from disclosure.
(g) Congressional Authority to Release Information.--
Nothing in this subtitle shall be deemed in conflict with, or
to otherwise impede the authority of, Congress under clause 3
of section 5 of article I of the Constitution of the United
States to release information in its possession, and such
information so released shall be deemed declassified or
otherwise released in full.
SEC. 1555. FUNDING FOR CLASSIFICATION AND DECLASSIFICATION.
(a) In General.--The President shall ensure that for each
fiscal year, the budget of the President submitted pursuant
to section 1105(a) of title 31, United States Code, includes
estimated expenditures and proposed appropriations that the
President decides are necessary to support the
classification, declassification, and safeguarding activities
of the Federal Government in the fiscal year for which the
budget is submitted and the 4 fiscal years after that year.
(b) Detailed Analysis.--Estimates included pursuant to
subsection (a) shall be accompanied by a detailed analysis,
disaggregated by budget function, Executive agency, program,
project, activity, and fiscal year, of the estimated amounts
that will be expended on classification, declassification,
and safeguarding activities by the Federal Government over
the same period.
(c) Minimum Amount.--Estimates and proposed appropriations
included pursuant to subsection (a) for a fiscal year shall
estimate and propose an amount of funding available for
declassification activities that is equal to or greater than
10 percent of the amount estimated and proposed for
classification and safeguarding activities for the same
fiscal year.
______
SA 2726. Mr. MERKLEY (for himself and Mr. Welch) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7__. REFERENCE PRICES FOR PRESCRIPTION DRUGS UNDER THE
TRICARE PROGRAM.
(a) In General.--Each year, the Secretary of Defense shall
establish the reference price for each prescription drug
provided to beneficiaries under the TRICARE program--
(1) by determining the lowest retail list price for the
drug among the countries specified in subsection (b) in which
the drug is available, if drug pricing information is
available for at least 3 of such countries; or
(2) in the case of a drug for which drug pricing
information or dosage equivalents are not available for at
least 3 of such countries, by determining an appropriate
price based on the determination by the Secretary of--
(A) the added therapeutic effect of the drug;
(B) the value of the drug;
(C) patient access to the drug;
[[Page S5021]]
(D) the costs associated with researching and developing
the drug; and
(E) other factors, as the Secretary determines appropriate.
(b) Reference Countries.--The countries specified in this
subsection are Japan, Germany, the United Kingdom, France,
Italy, Canada, Australia, Spain, the Netherlands,
Switzerland, and Sweden.
(c) Application Under TRICARE Program.--
(1) Federal supply schedule.--In procuring a prescription
drug under the Federal Supply Schedule of the General
Services Administration, the Secretary of Defense, and any
drug manufacturer providing the prescription drug to the
Secretary, shall comply with the price limitations under
section 8126 of title 38, United States Code, or the
reference price limitations for such drug established under
subsection (a), whichever is lower.
(2) Contracts with pharmacy benefits managers.--
(A) In general.--In entering into contracts with pharmacy
benefits managers to carry out the pharmacy benefits program
under section 1074g of title 10, United States Code, the
Secretary of Defense shall ensure that the price for
prescription drugs provided by such pharmacy benefits
managers to beneficiaries under the TRICARE program does not
exceed the price for such drug established under the pharmacy
benefits program or the reference price for such drug
established under subsection (a), whichever is lower.
(B) Drug manufacturers.--A drug manufacturer may not sell a
prescription drug under the pharmacy benefits program under
section 1074g of title 10, United States Code, for an amount
that exceeds the limitation under subparagraph (A).
(3) Direct purchasing.--
(A) In general.--In making direct purchases of prescription
drugs under any authority not covered by paragraph (1) or
(2), the Secretary of Defense shall ensure that the price for
such drug does not exceed the reference price for such drug
established under subsection (a).
(B) Drug manufacturers.--A drug manufacturer may not sell a
prescription drug to the Secretary of Defense under an
authority specified in subparagraph (A) for an amount that
exceeds the reference price for such drug established under
subsection (a).
(d) Enforcement.--
(1) Civil penalty.--A drug manufacturer who does not comply
with the requirements under subsection (c) shall be subject
to a civil penalty, for each year in which the violation
occurs and with respect to each drug for which the violation
occurs, in an amount equal to 5 times the difference
between--
(A) the total amount received by the manufacturer for sales
of the drug under the TRICARE program for the year; less
(B) the total amount the manufacturer would have received
for sales of the drug under the TRICARE program for the year
if the manufacturer had complied with subsection (c).
(2) Amounts collected.--
(A) In general.--Each year, the Secretary of the Treasury
shall transfer to the Director of the National Institutes of
Health an amount equal to the amount collected in civil
penalties under subsection (e) for the previous year.
(B) Use of amounts.--The Director of the National
Institutes of Health shall use amounts transferred under
subparagraph (A) for purposes of conducting drug research and
development.
(e) Applicability to Brand and Generic Drugs.--The
reference price established under subsection (a) shall apply
to drugs approved under subsection (c) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
or under subsection (a) or (k) of section 351 of the Public
Health Service Act (42 U.S.C. 262).
(f) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given that term in
section 1072 of title 10, United States Code.
______
SA 2727. Ms. MURKOWSKI (for herself, Mr. Kaine, Mr. Warner, Mr.
Kennedy, Mr. Van Hollen, Mr. Cardin, and Mr. Cassidy) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. EXEMPTION OF ALIENS WORKING AS FISH PROCESSORS
FROM THE NUMERICAL LIMITATION ON H-2B
NONIMMIGRANT VISAS.
(a) Short Title.--This section may be cited as the ``Save
Our Seafood Act''.
(b) In General.--Section 214(g)(10) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(10)) is amended--
(1) by striking ``The numerical limitations of paragraph
(1)(B)'' and inserting ``(A) The numerical limitation under
paragraph (1)(B)''; and
(2) by adding at the end the following:
``(B)(i) The numerical limitation under paragraph (1)(B)
shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 101(a)(15)(H)(ii)(b)
who is employed (or has received an offer of employment)--
``(I) as a fish roe processor, a fish roe technician, or a
supervisor of fish roe processing; or
``(II) as a fish processor.
``(ii) As used in clause (i)--
``(I) the term `fish' means fresh or saltwater finfish,
mollusks, crustaceans, and all other forms of aquatic animal
life, including the roe of such animals, other than marine
mammals and birds; and
``(II) the term `processor'--
``(aa) means any person engaged in the processing of fish,
including handling, storing, preparing, heading,
eviscerating, shucking, freezing, changing into different
market forms, manufacturing, preserving, packing, labeling,
dockside unloading, holding, and all other processing
activities; and
``(bb) does not include any person engaged in--
``(AA) harvesting or transporting fish or fishery products
without otherwise engaging in processing;
``(BB) practices such as heading, eviscerating, or freezing
intended solely to prepare a fish for holding on board a
harvest vessel; or
``(CC) operating a retail establishment.''.
(c) Repeal.--Section 14006 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287) is repealed.
______
SA 2728. Mr. YOUNG submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 855. STUDY ON PILOT PROGRAM TO EXPAND THE SHRINKING
DEFENSE INDUSTRIAL BASE.
(a) In General.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment, shall conduct a study on the feasibility and
advisability of implementing a pilot program to assist small
businesses within the defense industrial base to transition
to unrestricted contracting.
(b) Elements.--The study required under subsection (a)
shall, for purposes of identifying support measures for
contractors growing from small to other-than-small under
North American Industry Classification System codes that are
among the top ten by total Federal contract spending or are
among any additional sectors the Secretary determines
critical to the defense industrial base, examine the
following:
(1) Whether an evaluation preference, reserves under
multiple award contracts, or other procurement assistance is
appropriate.
(2) Whether a pilot program to implement the procurement
assistance described in paragraph (1) would contribute to job
creation, increased competition, and a more resilient
industrial base and align with broader national security
interests.
(3) Criteria for the pilot program, including an
eligibility period and criteria for participation and
graduation.
(4) Methods to also encourage growth of startups and very
small businesses should the program proceed.
(5) Metrics to assess the success of the program.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
findings of the study conducted under subsection (a).
______
SA 2729. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2816. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
FORT CAVAZOS, TEXAS, TO CONSTRUCT AN AMMUNITION
HOLDING AREA UPGRADE.
(a) In General.--The Secretary of the Army may carry out a
military construction project at Fort Cavazos, Texas, to
construct an ammunition holding area upgrade, in an amount
not to exceed $9,000,000.
(b) Availability of Amounts.--Amounts appropriated to carry
out the military construction project under subsection (a)
shall be available until September 30, 2029.
______
SA 2730. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,
[[Page S5022]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. UNAUTHORIZED ACCESS TO DEPARTMENT OF DEFENSE
FACILITIES.
(a) In General.--Chapter 67 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1390. Unauthorized access to Department of Defense
facilities
``(a) In General.--It shall be unlawful, within the
jurisdiction of the United States, without authorization to
go upon any property that--
``(1) is under the jurisdiction of the Department of
Defense; and
``(2) has been clearly marked as closed or restricted.
``(b) Penalties.--Any person who violates subsection (a)
shall--
``(1) in the case of the first offense, be fined under this
title, imprisoned not more than 180 days, or both;
``(2) in the case of the second offense, be fined under
this title, imprisoned not more than 3 years, or both; and
``(3) in the case of the third or subsequent offense, be
fined under this title, imprisoned not more than 10 years, or
both.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 67 of title 18, United States Code, is amended by
adding at the end the following:
``1390. Unauthorized access to Department of Defense facilities.''.
______
SA 2731. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. ___. EXTENSION OF PROHIBITION ON CERTAIN REDUCTIONS TO
B-1 BOMBER AIRCRAFT SQUADRONS.
Section 133(c)(1) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1574), as
most recently amended by section 136 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31;
137 Stat. 174), is further amended by striking ``September
30, 2026'' and inserting ``September 30, 2028''.
______
SA 2732. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 358. PROTECTING MILITARY INSTALLATIONS AND RANGES ACT OF
2024.
(a) Short Title.--This Act may be cited as the ``Protecting
Military Installations and Ranges Act of 2024''.
(b) Review by Committee on Foreign Investment in the United
States of Real Estate Purchases or Leases Near Military
Installations or Military Airspace.--
(1) Inclusion in definition of covered transaction.--
Section 721(a)(4) of the Defense Production Act of 1950 (50
U.S.C. 4565(a)(4)) is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) any transaction described in subparagraph (B)(vi)
that is proposed, pending, or completed on or after the date
of the enactment of the Protecting Military Installations and
Ranges Act of 2024.''; and
(B) in subparagraph (B), by adding at the end the
following:
``(vi) Notwithstanding clause (ii) or subparagraph (C), the
purchase or lease by, or a concession to, a foreign person of
private or public real estate--
``(I) that is located in the United States and within--
``(aa) 100 miles of a military installation (as defined in
section 2801(c)(4) of title 10, United States Code); or
``(bb) 50 miles of--
``(AA) a military training route (as defined in section
183a(h) of title 10, United States Code);
``(BB) airspace designated as special use airspace under
part 73 of title 14, Code of Federal Regulations (or a
successor regulation), and managed by the Department of
Defense;
``(CC) a controlled firing area (as defined in section 1.1
of title 14, Code of Federal Regulations (or a successor
regulation)) used by the Department of Defense; or
``(DD) a military operations area (as defined in section
1.1 of title 14, Code of Federal Regulations (or a successor
regulation)); and
``(II) if the foreign person is owned or controlled by, is
acting for or on behalf of, or receives subsidies from--
``(aa) the Government of the Russian Federation;
``(bb) the Government of the People's Republic of China;
``(cc) the Government of the Islamic Republic of Iran; or
``(dd) the Government of the Democratic People's Republic
of Korea.''.
(2) Mandatory unilateral initiation of reviews.--Section
721(b)(1)(D) of the Defense Production Act of 1950 (50 U.S.C.
4565(b)(1)(D)) is amended--
(A) in clause (iii), by redesignating subclauses (I), (II),
and (III) as items (aa), (bb), and (cc), respectively, and by
moving such items, as so redesignated, 2 ems to the right;
(B) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively, and by moving
such subclauses, as so redesignated, 2 ems to the right;
(C) by striking ``Subject to'' and inserting the following:
``(i) In general.--Subject to''; and
(D) by adding at the end the following:
``(ii) Mandatory unilateral initiation of certain
transactions.--The Committee shall initiate a review under
subparagraph (A) of a covered transaction described in
subsection (a)(4)(B)(vi).''.
(3) Certifications to congress.--Section 721(b)(3)(C)(iii)
of the Defense Production Act of 1950 (50 U.S.C.
4565(b)(3)(C)(iii)) is amended--
(A) in subclause (IV), by striking ``; and'' and inserting
a semicolon;
(B) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(VI) with respect to covered transactions described in
subsection (a)(4)(B)(vi), to the members of the Senate from
the State in which the military installation, military
training route, special use airspace, controlled firing area,
or military operations area is located, and the member from
the Congressional District in which such installation, route,
airspace, or area is located.''.
(c) Limitation on Approval of Energy Projects Related to
Reviews Conducted by Committee on Foreign Investment in the
United States.--
(1) Review by secretary of defense.--Section 183a of title
10, United States Code, is amended--
(A) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(B) by inserting after subsection (e) the following new
subsection (f):
``(f) Special Rule Relating To Review by Committee on
Foreign Investment of the United States.--(1) If, during the
period during which the Department of Defense is reviewing an
application for an energy project filed with the Secretary of
Transportation under section 44718 of title 49, the purchase,
lease, or concession of real property on which the project is
planned to be located is under review or investigation by the
Committee on Foreign Investment in the United States under
section 721 of the Defense Production Act of 1950 (50 U.S.C.
4565), the Secretary of Defense--
``(A) may not complete review of the project until the
Committee concludes action under such section 721 with
respect to the purchase, lease, or concession; and
``(B) shall notify the Secretary of Transportation of the
delay.
``(2) If the Committee on Foreign Investment in the United
States determines that the purchase, lease, or concession of
real property on which an energy project described in
paragraph (1) is planned to be located threatens to impair
the national security of the United States and refers the
purchase, lease, or concession to the President for further
action under section 721(d) of the Defense Production Act of
1950 (50 U.S.C. 4565(d)), the Secretary of Defense shall--
``(A) find under subsection (e)(1) that the project would
result in an unacceptable risk to the national security of
the United States; and
``(B) transmit that finding to the Secretary of
Transportation for inclusion in the report required under
section 44718(b)(2) of title 49.''.
(2) Review by secretary of transportation.--Section 44718
of title 49, United States Code, is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following new
subsection:
``(h) Special Rule Relating To Review by Committee on
Foreign Investment of the United States.--The Secretary of
Transportation may not issue a determination pursuant to this
section with respect to a proposed structure to be located on
real property the purchase, lease, or concession of which is
under review or investigation by the Committee on Foreign
Investment in the United States under section 721 of the
Defense Production Act of 1950 (50 U.S.C. 4565) until--
``(1) the Committee concludes action under such section 721
with respect to the purchase, lease, or concession; and
``(2) the Secretary of Defense--
``(A) issues a finding under section 183a(e) of title 10;
or
``(B) advises the Secretary of Transportation that no
finding under section 183a(e) of title 10 will be
forthcoming.''.
[[Page S5023]]
______
SA 2733. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. AIR FORCE TECHNICAL TRAINING CENTER OF EXCELLENCE.
(a) In General.--Chapter 903 of title 10, United States
Code, is amended by adding at the end the following new
section:
``SEC. 9025. AIR FORCE TECHNICAL TRAINING CENTER OF
EXCELLENCE.
``(a) Establishment.--The Secretary of the Air Force shall
operate a Technical Training Center of Excellence. The head
of the Center shall be the designee of the Commander of
Airmen Development Command.
``(b) Purpose.--The purpose of the Center shall be to--
``(1) facilitate collaboration among all Air Force
technical training installations;
``(2) serve as a premier training location for all
maintainers throughout the military departments;
``(3) publish a set of responsibilities aimed at driving
excellence, innovation, and leadership across all technical
training specialties;
``(4) advocate for innovative improvements in curriculum,
facilities, and medial;
``(5) foster outreach with industry and academia;
``(6) identify and promulgate best practices, standards,
and benchmarks;
``(7) create a hub of excellence for the latest
advancements in aviation technology and training
methodologies; and
``(8) carry out such other responsibilities as the
Secretary determines appropriate.
``(c) Location.--The Secretary shall select a location for
the Center that is an Air Force installation that provides
technical training and maintenance proficiency.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 903 of title 10, United States Code, is
amended by inserting after the item relating to section 9024
the following new item:
``9025. Air Force Technical Training Center of Excellence.''.
______
SA 2734. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. FEASIBILITY REPORT ON PERMANENT STATIONING OF
ADDITIONAL ARMORED BRIGADE COMBAT TEAM IN
EUROPE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the feasibility and efficiency of, in response to recent
aggression by the Russian Federation, permanently stationing
in Europe an additional armored brigade combat team of the
United States Army for the purpose of strengthening
deterrence and reassuring Eastern European member countries
of the North Atlantic Treaty Organization.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An examination of, at a minimum, basing solutions in
Poland and Germany.
(2) An analysis on the impact of such basing on the
deployment tempo of armored brigade combat teams of the
United States Army based in the continental United States.
______
SA 2735. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. __. FUNDING FOR NACELLE IMPROVEMENT PROGRAM FOR V-22
AIRCRAFT.
The amount authorized by appropriated by this Act for
fiscal year 2025 is hereby increased by $156,900,000, with
the amount of the increase to be available for the Nacelle
Improvement program for V-22 aircraft.
______
SA 2736. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. __. FUNDING FOR MQ-1C 25M GRAY EAGLE COMPANY AND
AIRCRAFT.
The amount authorized to be appropriated by this Act for
Aircraft Procurement, Army, MQ-1 UAV, as specified in the
funding table in section 4101, is hereby increased by
$350,000,000, with the amount of the increase to be available
to establish and designate a minimum of one MQ-1C 25M Gray
Eagle company equipped with 12 MQ-1C 25M Gray Eagle aircraft
in fiscal year 2025.
______
SA 2737. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. VEHICLE INTEGRATION AND TESTING OF 3GEN FLIR ON
ABRAMS TANK.
(a) Additional Amount.--The amount authorized to be
appropriated for fiscal year 2025 by section 201 for
research, development, test, and evaluation is hereby
increased by $7,300,000, with the amount of the increase to
be available for vehicle integration and testing of the 3GEN
FLIR on the current model Abrams tank.
(b) Briefing.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall
provide the congressional defense committees a briefing on
the 3GEN FLIR program.
(2) Matters covered.--The briefing provided pursuant to
paragraph (1) shall cover the following:
(A) The effect of the combat vehicle modernization strategy
of the Army on the 3GEN FLIR program and the industrial base.
(B) An assessment of efforts and resources needed to
integrate the 3GEN FLIR onto the SEP Version 3 main battle
tank.
______
SA 2738. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. __. SERVICE ACADEMIES: REFERRAL OF DENIED APPLICANTS TO
THE SENIOR MILITARY COLLEGES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act the Secretary of Defense shall
establish a system whereby a covered individual may elect to
have the Secretary share information regarding such covered
individual with a senior military college.
(b) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means an individual whose application for an appointment as a
cadet or midshipman at a Service Academy is denied.
(2) Senior military college.--The term ``senior military
college'' means a school specified in section 2111a of title
10, United States Code.
(3) Service academy.--The term ``Service Academy'' has the
meaning given such term in section 347 of title 10, United
States Code.
______
SA 2739. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2816. AUTHORIZATION OF MILITARY CONSTRUCTION PROJECT AT
FORT BLISS, TEXAS, TO CONSTRUCT A NEW PERMANENT
PARTY BARRACKS FOR THE UNITED STATES ARMY
FORCES COMMAND.
(a) In General.--The Secretary of the Army may carry out a
military construction project at Fort Bliss, Texas, to
construct a new permanent party barracks for the United
States Army Forces Command, in an amount not to exceed
$3,300,000.
(b) Availability of Amounts.--Amounts appropriated to carry
out the military construction project under subsection (a)
shall be available until September 30, 2029.
______
SA 2740. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for
[[Page S5024]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DISPLAY OF UNITED STATES FLAG FOR PATRIOTIC AND
MILITARY OBSERVANCES.
(a) Amendment to Flag Code.--Section 8(c) of title 4,
United States Code, is amended by inserting ``, except as may
be necessary in limited circumstances and done in a
respectful manner as part of a military or patriotic
observance involving members of the Armed Forces'' after
``aloft and free''.
(b) Modification of Department of Defense Policy.--The
Secretary of Defense shall--
(1) rescind the February 10, 2023, Department of Defense
memorandum entitled, ``Clarification of Department of Defense
Community Engagement Policy on Showing Proper Respect to the
United States Flag''; and
(2) support military recruitment through public outreach
events during patriotic and military observances, including
the display of the United States flag regardless of size and
position, including horizontally, provided that, in
accordance with section 8(b) of title 4, United States Code,
the flag never touch anything beneath it, such as the ground,
the floor, water, or merchandise.
______
SA 2741. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. REQUIREMENT TO PERMIT DIGNITARIES AND SERVICE
MEMBERS FROM TAIWAN TO DISPLAY THE FLAG OF THE
REPUBLIC OF CHINA.
(a) In General.--The Secretary of State and the Secretary
of Defense shall permit members of the armed forces and
government representatives from the Republic of China
(Taiwan) or the Taipei Economic and Cultural Representative
Office (TECRO) to display, for the official purposes set
forth in subsection (b), symbols of Republic of China
sovereignty, including--
(1) the flag of the Republic of China (Taiwan); and
(2) the corresponding emblems or insignia of military
units.
(b) Official Purposes.--The official purposes referred to
in subsection (a) are--
(1) the wearing of official uniforms;
(2) conducting government hosted ceremonies or functions;
and
(3) the appearances on Department of State and Department
of Defense social media accounts promoting engagements with
Taiwan.
______
SA 2742. Mr. CRUZ (for himself, Mr. Crapo, Mr. Lee, Mr. Rubio, Ms.
Lummis, Mr. Risch, and Mr. Daines) submitted an amendment intended to
be proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title V, add the following:
SEC. 529C. REMEDIES FOR MEMBERS OF THE ARMED FORCES
DISCHARGED OR SUBJECT TO ADVERSE ACTION UNDER
THE COVID-19 VACCINE MANDATE.
(a) Limitation on Imposition of New Mandate.--The Secretary
of Defense may not issue any COVID-19 vaccine mandate as a
replacement for the mandate rescinded under section 525 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 1161 note
prec.) absent a further Act of Congress expressly authorizing
a replacement mandate.
(b) Remedies.--Section 736 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 1161 note prec.) is amended--
(1) in the section heading, by striking ``to obey lawful
order to receive'' and inserting ``to receive'';
(2) in subsection (a)--
(A) by striking ``a lawful order'' and inserting ``an
order''; and
(B) by striking ``shall be'' and all that follows through
the period at the end and inserting ``shall be an honorable
discharge.'';
(3) by redesignating subsection (b) as subsection (e); and
(4) by inserting after subsection (a) the following new
subsections:
``(b) Prohibition on Adverse Action.--The Secretary of
Defense may not take any adverse action against a covered
member based solely on the refusal of such member to receive
a vaccine for COVID-19.
``(c) Remedies Available for a Covered Member Discharged or
Subject to Adverse Action Based on COVID-19 Status.--At the
election of a covered member discharged or subject to adverse
action based on the member's COVID-19 vaccination status, and
upon application through a process established by the
Secretary of Defense, the Secretary shall--
``(1) adjust to `honorable discharge' the status of the
member if--
``(A) the member was separated from the Armed Forces based
solely on the failure of the member to obey an order to
receive a vaccine for COVID-19; and
``(B) the discharge status of the member would have been an
`honorable discharge' but for the refusal to obtain such
vaccine;
``(2) reinstate the member to service at the highest grade
held by the member immediately prior to the involuntary
separation, allowing, however, for any reduction in rank that
was not related to the member's COVID-19 vaccination status,
with an effective date of reinstatement as of the date of
involuntary separation;
``(3) for any member who was subject to any adverse action
other than involuntary separation based solely on the
member's COVID-19 vaccination status--
``(A) restore the member to the highest grade held prior to
such adverse action, allowing, however, for any reduction in
rank that was not related to the member's COVID-19
vaccination status, with an effective date of reinstatement
as of the date of involuntary separation; and
``(B) compensate such member for any pay and benefits lost
as a result of such adverse action;
``(4) expunge from the service record of the member any
adverse action, to include non-punitive adverse action and
involuntary separation, as well as any reference to any such
adverse action, based solely on COVID-19 vaccination status;
and
``(5) include the time of involuntary separation of the
member reinstated under paragraph (2) in the computation of
the retired or retainer pay of the member.
``(d) Retention and Development of Unvaccinated Members.--
The Secretary of Defense shall--
``(1) make every effort to retain covered members who are
not vaccinated against COVID-19 and provide such members with
professional development, promotion and leadership
opportunities, and consideration equal to that of their
peers;
``(2) only consider the COVID-19 vaccination status of a
covered member in making deployment, assignment, and other
operational decisions where--
``(A) the law or regulations of a foreign country require
covered members to be vaccinated against COVID-19 in order to
enter that country; and
``(B) the covered member's presence in that foreign country
is necessary in order to perform their assigned role; and
``(3) for purposes of deployments, assignments, and
operations described in paragraph (2), create a process to
provide COVID-19 vaccination exemptions to covered members
with--
``(A) a natural immunity to COVID-19;
``(B) an underlying health condition that would make COVID-
19 vaccination a greater risk to that individual than the
general population; or
``(C) sincerely held religious beliefs in conflict with
receiving the COVID-19 vaccination.
``(e) Applicability of Remedies Contained in This
Section.--The prohibitions and remedies described in this
section shall apply to covered members regardless of whether
or not they sought an accommodation to any Department of
Defense COVID-19 vaccination policy on any grounds.''.
______
SA 2743. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1239. EXTENSION OF, AND REPEAL OF WAIVER UNDER,
PROTECTING EUROPE'S ENERGY SECURITY ACT OF
2019.
Section 7503 of the Protecting Europe's Energy Security Act
of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526
note) is amended--
(1) by striking subsection (f); and
(2) in subsection (h)(2), by striking ``the date that is''
and all that follows and inserting ``January 1, 2031.''.
______
SA 2744. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S5025]]
At the end of subtitle C of title XII, add the following:
SEC. 1239. EXTENSION OF, AND REPEAL OF WAIVER AND CERTAIN
EXCEPTION UNDER, PROTECTING EUROPE'S ENERGY
SECURITY ACT OF 2019.
Section 7503 of the Protecting Europe's Energy Security Act
of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526
note) is amended--
(1) in subsection (a)(1)(B)(v), by inserting ``or a
successor to that pipeline'' after ``pipeline'';
(2) in subsection (e)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively;
(3) by striking subsection (f); and
(4) in subsection (h)(2), by striking ``the date that is''
and all that follows and inserting ``January 1, 2031.''.
______
SA 2745. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12__. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN
OFFICIALS OF ARGENTINA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the Secretary of State shall submit to Congress a report with
respect to each individual specified in subsection (c) that
includes--
(1) a description of the assets of the individual,
including--
(A) the estimated net worth of the individual;
(B) the estimated net worth of the immediate family members
of the individual; and
(C) a description of all of the individual's real,
personal, and intellectual property, bank of investment or
similar accounts, and any other financial or business
interests or holdings, whether obtained legitimately or
illegitimately; and
(2) a determination with respect to whether the individual
meets the criteria for the imposition of sanctions under
section 7031(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2024
(division F of Public Law 118-47; 8 U.S.C. 1182 note).
(b) Imposition of Sanctions.--If the President makes an
affirmative determination under subsection (a)(2) with
respect to an individual, the President shall impose
sanctions under section 7031(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2024, with respect to the individual.
(c) Individuals Specified.--The individuals specified in
this subsection are the following:
(1) Cristina Elisabet Fernandez de Kirchner, born on
February 19, 1953, in La Plata, Buenos Aires, Argentina.
(2) Maximo Kirchner, born on February 2, 1977, in La Plata,
Buenos Aires, Argentina.
(3) Juan Martin Mena, born on February 25, 1979, in Mar del
Plata, Buenos Aires, Argentina.
(4) Oscar Isidro Jose Parrilli, born on August 13, 1951, in
San Martin de Los Andes, Neuquen, Argentina.
(5) Carlos Alberto Zannini, born on August 27, 1954, in
Villa Nueva, Cordoba, Argentina.
______
SA 2746. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. LIMITATION ON FOREIGN ASSISTANCE TO MEXICO UNTIL
MEXICO PROVIDES WATER PURSUANT TO TREATY
OBLIGATIONS.
(a) Report Required.--
(1) In general.--Not later than February 15, 2025, and
annually thereafter, the Secretary of State shall submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report regarding deliveries of water by Mexico pursuant to
the Treaty relating to the Utilization of Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, signed at
Washington February 3, 1944 (9 Bevans 1166), between the
United States and Mexico (in this section referred to as the
``Treaty'').
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a determination of whether Mexico has, during the
calendar year preceding the submission of the report,
delivered to the United States 350,000 acre-feet of water;
and
(B) an assessment of Mexico's capabilities for delivering
1,750,000 acre-feet of water by the final year of the five-
year cycle described in the Treaty within which the previous
calendar year fell.
(b) Limitation on Assistance.--
(1) In general.--If the Secretary does not submit the
report required by subsection (a) by February 15 of a
calendar year or makes a negative determination under
subsection (a)(2)(A), the President--
(A) may implement all of the measures described in
paragraph (2); and
(B) shall implement at least one of such measures.
(2) Measures described.--The measures described in this
paragraph are the following:
(A) A prohibition on the United States Agency for
International Development obligating or expending funds for
programs for private sector productivity in Mexico.
(B) A prohibition on the Trade and Development Agency
obligating or expending funds for grantees in Mexico or for
missions with delegations from Mexico.
(C) A limitation on assistance to Mexico, such that not
more than 85 percent of the funds appropriated or otherwise
made available for assistance for Mexico may be obligated or
expended, other than funds made available to counter the flow
of fentanyl, fentanyl precursors, xylazine, and other
synthetic drugs into the United States.
______
SA 2747. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. REQUIRED PROVISION OF MILITARY ASSISTANCE TO
ISRAEL.
(a) Approval of Licenses.--Not later than one day after the
date of the enactment of this Act and notwithstanding any
provision of the Arms Export Control Act (22 U.S.C. 2751 et
seq.), the President shall approve all pending requests,
applications, and licenses for the export of defense articles
or defense services to the Government of Israel.
(b) Transfer of Munitions and Weapons.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the President shall transfer the
defense articles and provide the defense services described
in subsection (a) to the Government of Israel.
(2) Certification.--Not later than 10 days after the date
of the enactment of this Act, and every 30 days thereafter
until December 31, 2025, the Secretary of State and the
Secretary of Defense shall provide to the appropriate
congressional committees a report that includes--
(A) a list of each request, application, or license for the
export of defense articles or defense services to the
Government of Israel that was pending on the date of the
enactment of this Act; and
(B) a certification whether those defense articles or
defense services have been provided or, if they have not been
provided, an estimate of when they will be provided.
(c) Prohibition on Obstruction of Transfers.--
(1) Prohibition on obstruction of transfers.--No executive
officer or employee may halt, defer, or otherwise prevent the
transfer of defense articles or defense services described in
subsection (a) to the Government of Israel.
(2) Sunset.--The prohibition under paragraph (1) shall
terminate one year after the President certifies to the
appropriate congressional committees that the state of Israel
is not engaged in active hostilities.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
______
SA 2748. Mr. CRUZ (for himself, Mr. Scott of Florida, Mr. Barrasso,
and Mr. Rubio) submitted an amendment intended to be proposed by him to
the bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. VENEZUELA RESTORATION FUND.
(a) Establishment.--There is established in the United
States Treasury a fund, to be known as the ``Venezuela
Restoration Fund'', which shall consist of amounts deposited
in the Fund under subsection (c).
(b) Uses.--Amounts in the Fund--
(1) shall be available to the Secretary of State only for
the purposes described in paragraph (2), without fiscal year
limitation or need for subsequent appropriation;
[[Page S5026]]
(2) shall be used only for the purposes of--
(A) strengthening democratic governance and institutions,
including the democratically elected National Assembly of
Venezuela;
(B) defending internationally recognized human rights for
the people of Venezuela, including support for efforts to
document crimes against humanity and violations of human
rights;
(C) supporting the efforts of independent media outlets to
broadcast, distribute, and share information beyond the
limited channels made available by the Maduro regime; and
(D) combatting corruption and improving the transparency
and accountability of institutions that are part of the
Maduro regime;
(3) may support governmental and nongovernmental parties in
advancing the purposes described in paragraph (2); and
(4) shall be allocated in a manner complementary to
existing United States foreign assistance, diplomacy, and
anti-corruption activities.
(c) Funding.--Beginning on or after the date of the
enactment of this Act, notwithstanding any other provision of
law, in the case of any funds or assets forfeited to the
United States by an individual or entity connected to the
regimes of Hugo Chavez and Nicolas Maduro in Venezuela, the
funds or assets will be deposited in the Venezuela
Restoration Fund established under subsection (a).
(d) Reporting.--Not later than 1 year after the date of the
enactment of this Act and not less frequently than annually
thereafter, the Secretary of State shall submit a report to
the appropriate congressional committees that includes--
(1) an accounting of the amount and sources of funds that
have been deposited into the Venezuela Restoration Fund; and
(2) a summary of the obligation, amounts, and expenditure
of such funds.
______
SA 2749. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1272. INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.
(a) Short Titles.--This section may be cited as the
``Strengthening Tracking Of Poisonous Tranq Requiring
Analyzed National Quantification Act of 2024'' or the ``STOP
TRANQ Act''
(b) In General.--Section 489(a)(11) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)(11)) is amended--
(1) in subparagraph (A), by inserting ``, xylazine,'' after
``illicit fentanyl''; and
(2) in subparagraph (D), by inserting ``)'' before the
semicolon at the end.
______
SA 2750. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. CRIMINAL AND IMMIGRATION PENALTIES FOR EVADING
ARREST OR DETENTION.
(a) Short Title.--This section may be cited as ``Agent Raul
Gonzalez Officer Safety Act''.
(b) Criminal Penalties for Evading Arrest or Detention.--
(1) In general.--Chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 40B. Evading arrest or detention while operating a
motor vehicle
``(a) Offense.--A person commits an offense under this
section by operating a motor vehicle within 100 miles of the
United States border while intentionally fleeing from--
``(1) a pursuing U.S. Border Patrol agent acting pursuant
to lawful authority; or
``(2) any pursuing Federal, State, or local law enforcement
officer who is actively assisting, or under the command of,
U.S. Border Patrol.
``(b) Penalties.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), any person who commits an offense described in
subsection (a) shall be--
``(A) imprisoned for a term of not more than 2 years;
``(B) fined under this title; or
``(C) subject to the penalties described in subparagraphs
(A) and (B).
``(2) Serious bodily injury.--If serious bodily injury
results from the commission of an offense described in
subsection (a), the person committing such offense shall be--
``(A) imprisoned for a term of not less than 5 years and
not more than 20 years;
``(B) fined under this title; or
``(C) subject to the penalties described in subparagraphs
(A) and (B).
``(3) Death.--If the death of any person results from the
commission of an offense described in subsection (a), the
person committing such offense shall be--
``(A) imprisoned for a term of not less than 10 years and
up to life;
``(B) fined under this title; or
``(C) subject to the penalties described in subparagraphs
(A) and (B).''.
(2) Clerical amendment.--The analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end
the following:
``40B. Evading arrest or detention while operating a motor vehicle.''.
(c) Inadmissibility, Deportability, and Ineligibility
Related to Evading Arrest or Detention While Operating a
Motor Vehicle.--
(1) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following:
``(J) Evading arrest or detention while operating a motor
vehicle.--Any alien who has been convicted of, who admits
having committed, or who admits committing acts which
constitute the essential elements of a violation of section
40B(a) of title 18, United States Code, is inadmissible.''.
(2) Deportability.--Section 237(a)(2) of such Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Evading arrest or detention while operating a motor
vehicle.--Any alien who has been convicted of, who admits
having committed, or who admits committing acts which
constitute the essential elements of a violation of section
40B(a) of title 18, United States Code, is deportable.''.
(3) Ineligibility for relief.--Title II of such Act (8
U.S.C. 1151 et seq.) is amended by inserting after section
208 the following:
``SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVADING
ARREST OR DETENTION WHILE OPERATING A MOTOR
VEHICLE.
``Any alien who has been convicted of, who admits having
committed, or who admits committing acts which constitute the
essential elements of a violation of section 40B(a) of title
18, United States Code, shall be ineligible for relief under
the immigration laws, including asylum under section 208.''.
(d) Annual Report.--The Attorney General, in conjunction
with the Secretary of Homeland Security, shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives that--
(1) identifies the number of people who committed a
violation of section 40B(a) of title 18, United States Code,
as added by subsection (b)(1); and
(2) summarizes--
(A) the number of individuals who were charged with the
violation referred to in paragraph (1);
(B) the number of individuals who were apprehended but not
charged with such violation;
(C) the number of individuals who committed such violation
but were not apprehended;
(D) the penalties sought in the charging documents
pertaining to such violation; and
(E) the penalties imposed for such violation.
______
SA 2751. Ms. CORTEZ MASTO (for herself, Mr. Crapo, and Mr. Risch)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10__. TECHNICAL CORRECTION TO THE WATER RIGHTS
SETTLEMENT FOR THE SHOSHONE-PAIUTE TRIBES OF
THE DUCK VALLEY RESERVATION.
Section 10807(b)(3) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1409) is amended--
(1) by striking ``There is'' and inserting the following:
``(A) In general.--There is''; and
(2) by adding at the end the following:
``(B) Adjusted interest payments.--There is authorized to
be appropriated to the Secretary for deposit into the
Development Fund $5,124,902.12.''.
______
SA 2752. Ms. WARREN (for herself, Mr. Lee, Mr. Braun, and Mr.
Grassley) submitted an amendment intended to be proposed by her to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. REPEAL OF REPORTS ON UNFUNDED PRIORITIES.
(a) Department of Defense.--
[[Page S5027]]
(1) In general.--The following provisions of title 10,
United States Code, are repealed:
(A) Section 222a.
(B) Section 222b.
(C) Section 222e (as added by section 211 of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law
118-31)).
(2) Clerical amendments.--The table of sections at the
beginning of chapter 9 of such title is amended by striking
the items relating to sections 222a, 222b, and 222e (as added
by section 211 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31)).
(b) Military Construction Projects.--Section 2806 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 222a note) is repealed.
(c) National Nuclear Security Administration.--
(1) In general.--Section 4716 of the Atomic Energy Defense
Act (50 U.S.C. 2756) is repealed.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4716.
______
SA 2753. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--DIGITAL ASSET SANCTIONS COMPLIANCE ENHANCEMENT
SEC. __01. SHORT TITLE.
This title may be cited as the ``Digital Asset Sanctions
Compliance Enhancement Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the majority and
minority leaders of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, and the speaker, the majority leader, and
the minority leader of the House of Representatives.
(2) Digital assets.--The term ``digital assets'' means any
digital representation of value, financial assets and
instruments, or claims that are used to make payments or
investments, or to transmit or exchange funds or the
equivalent thereof, that are issued or represented in digital
form through the use of distributed ledger technology.
(3) Digital asset trading platform.--The term ``digital
asset trading platform'' means a person, or group of persons,
that operates as an exchange or other trading facility for
the purchase, sale, lending, or borrowing of digital assets.
(4) Digital asset transaction facilitator.--The term
``digital asset transaction facilitator'' means--
(A) any person, or group of persons, that significantly and
materially facilitates the purchase, sale, lending,
borrowing, exchange, custody, holding, validation, or
creation of digital assets on the account of others,
including any communication protocol, decentralized finance
technology, smart contract, or other software, including
open-source computer code--
(i) deployed through the use of distributed ledger or any
similar technology; and
(ii) that provides a mechanism for multiple users to
purchase, sell, lend, borrow, or trade digital assets; and
(B) any person, or group of persons, that the Secretary of
the Treasury otherwise determines to be significantly and
materially facilitating digital assets transactions in
violation of sanctions.
(5) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(6) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. __03. IMPOSITION OF SANCTIONS WITH RESPECT TO THE USE OF
DIGITAL ASSETS TO FACILITATE TRANSACTIONS BY
RUSSIAN PERSONS SUBJECT TO SANCTIONS.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, and periodically thereafter as
necessary, the President shall submit to Congress a report
identifying any foreign person that--
(1) operates a digital asset trading platform or is a
digital asset transaction facilitator; and
(2)(A) has significantly and materially assisted,
sponsored, or provided financial, material, or technological
support for, or goods or services to or in support of any
person with respect to which sanctions have been imposed by
the United States relating to the Russian Federation,
including by facilitating transactions that evade such
sanctions; or
(B) is owned or controlled by, or acting or purporting to
act for or on behalf of any person with respect to which
sanctions have been imposed by the United States relating to
the Russian Federation.
(b) Imposition of Sanctions.--The President may exercise
all of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of a
foreign person identified in a report submitted under
subsection (a) if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) National Security Waiver.--The President may waive the
imposition of sanctions under this section with respect to a
person if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to Congress a notification of the waiver and
the reasons for the waiver.
(e) Exceptions.--
(1) Exception for intelligence activities.--This section
shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception relating to importation of goods.--
(A) In general.--The authority to block and prohibit all
transactions in all property and interests in property under
subsection (b) shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(B) Good.--In this paragraph, the term ``good'' means any
article, natural or manmade substance, material, supply or
manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. __04. DISCRETIONARY PROHIBITION OF TRANSACTIONS.
The Secretary of the Treasury may require that no digital
asset trading platform or digital asset transaction
facilitator that does business in the United States transact
with, or fulfill transactions of, digital asset addresses
that are known to be, or could reasonably be known to be,
affiliated with persons headquartered or domiciled in the
Russian Federation if the Secretary--
(1) determines that exercising such authority is important
to the national interest of the United States; and
(2) not later than 90 days after exercising the authority
described in paragraph (1), submits to the appropriate
congressional committees and leadership a report on the basis
for any determination under that paragraph.
SEC. __05. TRANSACTION REPORTING.
Not later than 120 days after the date of enactment of this
Act, the Financial Crimes Enforcement Network shall require
United States persons engaged in a transaction with a value
greater than $10,000 in digital assets through 1 or more
accounts outside of the United States to file a report
described in section 1010.350 of title 31, Code of Federal
Regulations, using the form described in that section, in
accordance with section 5314 of title 31, United States Code.
SEC. __06. REPORTS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the appropriate congressional committees and
leadership a report on the progress of the Department of the
Treasury in carrying out this Act, including any resources
needed by the Department to improve implementation and
progress in coordinating with governments of countries that
are allies or partners of the United States.
(b) Other Reports.--Not later than 120 days after the date
of enactment of this Act, and every year thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees and leadership and make publicly
available a report identifying the digital asset trading
platforms that the Office of Foreign Assets Control of the
Department of the Treasury determines to be high risk for
sanctions evasion, money laundering, or other illicit
activities. Any exchange included in the report may petition
the Office of Foreign Assets Control for removal, which shall
be granted upon demonstrating that the exchange is taking
steps sufficient to comply with applicable United States law.
______
SA 2754. Ms. WARREN submitted an amendment intended to be proposed by
[[Page S5028]]
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Digital Asset Anti-money Laundering
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Digital Asset Anti-
Money Laundering Act''.
SEC. 1097. DEFINITIONS.
(1) Anonymity enhanced cryptocurrency.--The term
``anonymity enhanced cryptocurrency'' means a digital asset
containing any feature that--
(A) prevents tracing through distributed ledgers; or
(B) conceals or obfuscates the origin, destination, and
counterparties of digital asset transactions.
(2) Digital assets.--The term ``digital asset'' means an
asset that is issued or transferred using a cryptographically
secured distributed ledger, blockchain technology, or any
other similar technology.
(3) Digital assets kiosk.--The term ``digital assets
kiosk'' means a digital assets automated teller machine that
facilitates the buying, selling, and exchange of digital
assets.
(4) Digital assets mixer.--The term ``digital assets
mixer'' means a website, software, or other service with
features that conceal or obfuscate the origin, destination,
or counterparties of digital asset transactions.
(5) Financial institution.--The term ``financial
institution'' has the meaning given the term in section
5312(a) of title 31, United States Code.
(6) Money services business.--The term ``money services
business'' has the meaning given the term in section 1010.100
of title 31, Code of Federal Regulations.
(7) Unhosted wallet.--The term ``unhosted wallet'' means
software or hardware that facilitates the storage of public
and private keys used to digitally sign and securely transact
digital assets, such that the stored value is the property of
the wallet owner and the wallet owner has total independent
control over the value.
(8) Validator.--The term ``validator'' means a person or
entity that--
(A) processes and validates, approves, or verifies
transactions, or produces blocks of digital asset
transactions to be recorded on a cryptographically secured
distributed ledger or any similar technology, as specified by
the Secretary of the Treasury; and
(B) may perform other such services that may secure a
digital assets kiosk network.
SEC. 1098. DIGITAL ASSET REQUIREMENTS.
(a) Digital Assets Participants Designation.--
(1) Definition of financial institution.--
(A) In general.--Section 5312(a)(2) of title 31, United
States Code, as amended by section 6110(a)(1) of the Anti-
Money Laundering Act of 2020 (division F of Public Law 116-
283), is amended--
(i) in subparagraph (Z), by striking ``or'' at the end;
(ii) by redesignating subparagraph (AA) as subparagraph
(BB); and
(iii) by inserting after subparagraph (Z) the following:
``(AA) Unhosted wallet providers, digital asset miners,
validators, or other nodes that may act to validate or secure
third-party transactions, independent network participants
(including maximal extractable value searchers), miner
extractable value searchers, other validators or network
participants with control over network protocols, or any
other person facilitating or providing services related to
the exchange, sale, custody, or lending of digital assets
that the Secretary shall prescribe by regulation.''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on the day after the effective date of
the final rules issued by the Secretary of the Treasury
pursuant to section 6110(b) of the Anti-Money Laundering Act
of 2020 (division F of Public Law 116-283).
(2) Regulations.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury, through
the Director of the Financial Crimes Enforcement Network,
shall promulgate regulations imposing requirements under
subchapter II of chapter 53 of title 31, United States Code,
on financial institutions described in subparagraph (AA) of
section 5312(a)(2) of title 31, United States Code, as added
by paragraph (1)(A) of this subsection.
(B) Exemption.--The Secretary of the Treasury, through the
Director of the Financial Crimes Enforcement Network, should
consider for exemption from the regulations issued under
subparagraph (A) assets--
(i) issued or transferred using a cryptographically secured
distributed ledger, blockchain technology, or any other
similar technology used solely for internal business
applications;
(ii) not offered for sale, traded, or otherwise converted
to fiat currency or another digital asset; or
(iii) otherwise deemed to pose little illicit finance risk.
(C) Periodic reviews.--The Secretary of the Treasury,
through the Director of the Financial Crimes Enforcement
Network, shall periodic reviews of the classifications under
paragraph (2).
(b) Registration Rules.--The Financial Crimes Enforcement
Network has the authority to subject the entities described
in subsection (a) to the registration rules under section
5330 of title 31, United States Code, and the foreign
registration rules under section 1022.380(a)(2) of title 31,
Code of Federal Regulations.
(c) Implementation of Proposed Rule.--Not later than 1 year
after the date of enactment of this Act, the Financial Crimes
Enforcement Network shall finalize the proposed virtual
currency rule (85 Fed. Reg. 83840; relating to requirements
for certain transactions involving convertible virtual
currency or digital assets).
(d) Reporting Requirements.--Not later than 18 months after
the date of enactment of this Act, the Financial Crimes
Enforcement Network shall promulgate regulations that require
United States persons with greater than $10,000 in digital
assets in 1 or more accounts outside of the United States to
file a report described in section 1010.350 of title 31, Code
of Federal Regulations, using the form described in that
section, in accordance with section 5314 of title 31, United
States Code.
(e) Treasury Regulations.--Not later than 18 months after
the date of enactment of this Act, the Secretary of the
Treasury shall promulgate regulations that require financial
institutions to establish controls to mitigate illicit
finance risks associated with--
(1) handling, using, or transacting business with digital
asset mixers, anonymity enhanced cryptocurrency, and other
anonymity-enhancing technologies, as specified by the
Secretary; and
(2) handling, using, or transacting business with digital
assets that have been anonymized by the technologies
described in paragraph (1).
SEC. 1099. EXAMINATION AND REVIEW PROCESS.
(a) Treasury.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Conference of State Bank Supervisors,
shall establish a risk-focused examination and review process
for digital assets participants designated as financial
institutions and money services businesses to assess--
(1) the adequacy of antimoney-laundering and countering-
the-financing-of-terrorism programs and reporting obligations
under subsections (g) and (h) of section 5318 of title 31,
United States Code; and
(2) compliance with antimoney laundering and countering-
the-financing-of-terrorism requirements under subchapter II
of chapter 53 of title 31, United States Code.
(b) SEC.--Not later than 2 years after the date of
enactment of this Act, the Securities and Exchange
Commission, in consultation with the Secretary of the
Treasury, shall establish a dedicated risk-focused
examination and review process for entities regulated by the
Commission to assess--
(1) the adequacy of antimoney laundering and countering-
the-financing-of-terrorism programs and reporting obligations
under subsections (g) and (h) of section 5318 of title 31,
United States Code; and
(2) compliance with antimoney laundering and countering-
the-financing-of-terrorism requirements under subchapter II
of chapter 53 of title 31, United States Code.
(c) CFTC.--Not later than 2 years after the date of
enactment of this Act, the Commodity Futures Trading
Commission, in consultation with the Secretary of the
Treasury, shall establish a dedicated risk-focused
examination and review process for entities regulated by the
Commission to assess--
(1) the adequacy of antimoney laundering and countering-
the-financing-of-terrorism programs and reporting obligations
under subsections (g) and (h) of section 5318 of title 31,
United States Code; and
(2) compliance with antimoney laundering and countering-
the-financing-of-terrorism requirements under subchapter II
of chapter 53 of title 31, United States Code.
SEC. 1099A. DIGITAL ASSETS KIOSKS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Financial Crimes Enforcement
Network shall require digital asset kiosks owners and
administrators to submit and update the physical addresses of
the kiosks owned or operated by the owner or administrator
every 90 days, as applicable.
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Financial Crimes Enforcement
Network shall promulgate regulations requiring digital asset
kiosk owners and administrators to--
(1) verify the identity of each customer using a valid form
of government-issued identification or other documentary
method, as determined by the Secretary of the Treasury; and
(2) collect the name and physical address of each
counterparty to the transaction.
(c) Reports.--
(1) FinCEN.--Not later than 180 days after the date of
enactment of this Act, the Financial Crimes Enforcement
Network shall issue a report on digital assets kiosk networks
operating as money services businesses that have not
registered with the Financial Crimes Enforcement Network in
violation of section 1022.380 of title 31, Code of Federal
Regulations, that includes--
(A) estimates of the number and locations of suspected
unlicensed operators, as applicable; and
[[Page S5029]]
(B) an assessment of any additional resources the Financial
Crimes Enforcement Network determines to be necessary to
investigate the unlicensed digital asset kiosk networks.
(2) DEA.--Not later than 1 year after the date of enactment
of this Act, the Drug Enforcement Administration shall, in
consultation with other agencies as appropriate, issue a
report identifying recommendations to reduce drug trafficking
and money laundering associated with digital assets kiosks.
SEC. 1099B. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
the Treasury such sums as are necessary to carry out this
subtitle.
______
SA 2755. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28___. APPLICATION OF FEDERAL, STATE, AND LOCAL HOUSING
LAWS TO PRIVATIZED MILITARY HOUSING.
Section 2890 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Treatment of Housing Laws.--All Federal, State, and
local housing protections that would otherwise apply to an
individual located in a jurisdiction surrounding a military
installation in the United States, including standards
relating to habitability and defenses to eviction, shall
apply to an individual residing in a housing unit that is
located on a military installation.''.
______
SA 2756. Ms. WARREN (for herself, Mr. King, Mr. Hoeven, Mr.
Blumenthal, Mr. Casey, and Ms. Stabenow) submitted an amendment
intended to be proposed by her to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS
WHO SERVED IN UNITED STATES CADET NURSE CORPS
DURING WORLD WAR II.
Section 106 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1)(A) Service as a member of the United States Cadet
Nurse Corps during the period beginning on July 1, 1943, and
ending on December 31, 1948, of any individual who was
honorably discharged therefrom pursuant to subparagraph (B)
shall be considered active duty for purposes of eligibility
and entitlement to benefits under chapters 23 and 24 of this
title (including with respect to headstones and markers),
other than such benefits relating to the interment of the
individual in Arlington National Cemetery provided solely by
reason of such service.
``(B)(i) Not later than one year after the date of the
enactment of this subsection, the Secretary of Defense shall
issue to each individual who served as a member of the United
States Cadet Nurse Corps during the period beginning on July
1, 1943, and ending on December 31, 1948, a discharge from
such service under honorable conditions if the Secretary
determines that the nature and duration of the service of the
individual so warrants.
``(ii) A discharge under clause (i) shall designate the
date of discharge. The date of discharge shall be the date,
as determined by the Secretary, of the termination of service
of the individual concerned as described in that clause.
``(2) An individual who receives a discharge under
paragraph (1)(B) for service as a member of the United States
Cadet Nurse Corps shall be honored as a veteran but shall not
be entitled by reason of such service to any benefit under a
law administered by the Secretary of Veterans Affairs, except
as provided in paragraph (1)(A).
``(3) The Secretary of Defense may design and produce a
service medal or other commendation, or memorial plaque or
grave marker, to honor individuals who receive a discharge
under paragraph (1)(B).''.
______
SA 2757. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike sections 1113 and 1114.
______
SA 2758. Mr. WARNOCK submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ACCESS TO RECORDS RELATING TO MARTIN LUTHER KING,
JR..
(a) Findings.--Congress finds that--
(1) Dr. Martin Luther King, Jr. was the subject of an
egregious and invasive campaign of government surveillance,
undertaken without judicial review;
(2) surveillance recorded the private conversations of Dr.
Martin Luther King, Jr and others; and
(3) in light of the extensive historical and congressional
review of Dr. Martin Luther King, Jr. and the government
surveillance carried out against him, the historical value of
the records at issue is duplicatable and does not outweigh
the harm to the privacy interests of the recorded
individuals.
(b) Access to Records.--
(1) Definitions.--In this section:
(A) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(B) Covered records.--The term ``covered records'' means
any tapes or documents in the custody of any Federal agency
relating to the surveillance by the Federal Bureau of
Investigation of Dr. Martin Luther King, Jr., that were the
subject of the order of the United States District Court for
the District of Columbia filed on January 31, 1977.
(2) Access for the king children.--
(A) In general.--On the day after the last day on which the
covered records are required to be kept under seal under the
order described in paragraph (1)(B), the Archivist shall
grant the surviving children of Dr. Martin Luther King, Jr.,
exclusive access to view the covered records, in consultation
with expert historians and archivists.
(B) Prohibition on publication.--The surviving children
described in subparagraph (A) are prohibited from making the
covered records available to the public.
(C) No surviving children.--If there are no surviving
children, as described in subparagraph (A), the Archivist
shall grant the right under such subparagraph to the estates
or heirs of the children of Dr. Martin Luther King, Jr., and
the prohibition under subparagraph (B) shall apply to such
estates or heirs.
(3) Sealing and public release.--
(A) Sealing.--The Archivist shall keep under seal each
covered record for 60 years beginning on the day after the
last day on which the covered records are required to be kept
under seal.
(B) Public release.--After the conclusion of the 60-year
period described in subparagraph (A), the covered records
shall be subject to public release and dissemination by the
Archivist pursuant to the usual protocols used by the
Archivist for the release of records.
______
SA 2759. Ms. KLOBUCHAR (for herself, Mr. Cramer, Mr. Carper, and Mr.
Daines) submitted an amendment intended to be proposed by her to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. CREDIT MONITORING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended--
(1) in section 605A(k) (15 U.S.C. 1681c-1(k))--
(A) by striking paragraph (1) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Uniformed services.--The term `uniformed services'
has the meaning given the term in section 101(a) of title 10,
United States Code.
``(B) Uniformed services member consumer.--The term
`uniformed services member consumer' means a consumer who,
regardless of duty status, is--
``(i) a member of the uniformed services; or
``(ii) a spouse, or a dependent who is not less than 18
years old, of a member of the uniformed services.''; and
(B) in paragraph (2)(A), by striking ``active duty military
consumer'' and inserting ``uniformed services member
consumer''; and
(2) in section 625(b)(1)(K) (15 U.S.C. 1681t(b)(1)(K)), by
striking ``active duty military consumers'' and inserting
``uniformed services member consumers''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 1 year after the date
on which the agency described in section 605A(k)(3) of the
Fair Credit Reporting Act (15 U.S.C. 1681c-1(k)(3)) issues a
final rule that updates existing rules to implement the
amendments made by subsection (a).
[[Page S5030]]
______
SA 2760. Mr. MANCHIN (for himself and Mrs. Blackburn) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. DEFINITION OF RURAL AREA FOR CERTAIN IMMIGRATION
AND HOMELAND SECURITY PURPOSES.
(a) EB-5 Immigrant Investor Visas.--Section
203(b)(5)(D)(vii) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)(D)(vii)) is amended to read as follows:
``(vii) Rural area.--The term `rural area' means--
``(I) any area other that is not within a metropolitan
statistical area (as designated by the Director of the Office
of Management and Budget) or within the outer boundary of any
city or town with a population of 20,000 or more (based on
the most recent decennial census of the United States);
``(II) a county within a metropolitan statistical area
without an urbanized area (as designated by the Census
Bureau);
``(III) any census tract within a metropolitan statistical
area with a primary Rural-Urban Commuting Area Code of 4
through 10 (as determined by Economic Research Service of the
Department of Agriculture);
``(IV) any county within a metropolitan statistical area
with a population of fewer than 50,000 people if more than 80
percent of the census tracts within such county have a Road
Ruggedness Scale of 3, 4 or 5 (as categorized by the Economic
Research Service of the Department of Agriculture); and
``(V) any census tract within a metropolitan statistical
area with a land area greater than 100 square miles and a
Road Ruggedness Scale of 3, 4, or 5.''.
(b) Rural Policing Institute.--Section 210C(c) of the
Homeland Security Act of 2002 (6 U.S.C. 124j(c)) is amended
to read as follows:
``(c) Defined Term.--In this section, the term `rural area'
has the meaning given such term in section 203(b)(5)(D)(vii)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)(D)(vii)).''.
______
SA 2761. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. TRANSFER AND REDESIGNATION OF THE 121ST FIGHTER
SQUADRON OF THE 113TH WING, DISTRICT OF
COLUMBIA AIR NATIONAL GUARD.
Not later than September 30, 2025, the Secretary of the Air
Force shall transfer and redesignate the 121st Fighter
Squadron of the 113th Wing, District of Columbia Air National
Guard to the 175th Wing of the Maryland Air National Guard.
______
SA 2762. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Peace Corps Act of 2024
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Peace Corps Act of
2024''.
SEC. 1097. CODIFICATION OF CERTAIN EXECUTIVE ORDERS RELATING
TO EXISTING NONCOMPETITIVE ELIGIBILITY FEDERAL
HIRING STATUS FOR RETURNING VOLUNTEERS AND
EXTENSION OF THE PERIOD OF SUCH STATUS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5A the following:
``SEC. 5B. CODIFICATION OF EXECUTIVE ORDERS RELATING TO
NONCOMPETITIVE ELIGIBILITY FEDERAL HIRING
STATUS FOR RETURNING VOLUNTEERS.
``(a) In General.--Subject to subsection (b), Executive
Order 11103 (22 U.S.C. 2504 note; relating to Providing for
the Appointment of Former Peace Corps Volunteers to the
Civilian Career Services), as amended by Executive Order
12107 (44 Fed. Reg. 1055; relating to the Civil Service
Commission and Labor-Management in the Federal Service), as
in effect on the day before the date of the enactment of the
Peace Corps Act of 2024, shall remain in effect and have the
full force and effect of law.
``(b) Period of Eligibility.--
``(1) Definitions.--In this subsection:
``(A) Executive agency.--The term `Executive agency'--
``(i) has the meaning given such term in section 105 of
title 5, United States Code;
``(ii) includes the United States Postal Service and the
Postal Regulatory Commission; and
``(iii) does not include the Government Accountability
Office.
``(B) Hiring freeze.--The term `hiring freeze' means any
memorandum, Executive order, or other action by the President
that prohibits an Executive agency from filling vacant
Federal civilian employee positions or creating new such
positions.
``(2) In general.--The period of eligibility for
noncompetitive appointment to the civil service provided to
an individual under subsection (a), including any individual
who is so eligible on the date of the enactment of the Peace
Corps Act of 2024, shall be extended by the total number of
days, during such period, that--
``(A) a hiring freeze for civilian employees of the
executive branch is in effect by order of the President with
respect to any Executive agency at which the individual has
applied for employment;
``(B) there is a lapse in appropriations with respect to
any Executive agency at which the individual has applied for
employment; or
``(C) the individual is receiving disability compensation
under section 8142 of title 5, United States Code, based on
the individual's service as a Peace Corps volunteer,
retroactive to the date the individual applied for such
compensation.
``(3) Applicability.--The period of eligibility for
noncompetitive appointment status to the civil service under
subsection (a) shall apply to a Peace Corps volunteer--
``(A) whose service ended involuntarily as a result of a
suspension of volunteer operations by the Director, but may
not last longer than 1 year after the date on which such
service ended involuntarily; or
``(B) who re-enrolls as a volunteer in the Peace Corps
after completion of a term of service.''.
SEC. 1098. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE
ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING
VOLUNTEERS.
The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by
inserting after section 5B, as added by section 1097 of this
Act, the following:
``SEC. 5C. EXTENSION OF PERIOD OF EXISTING NONCOMPETITIVE
ELIGIBILITY FEDERAL HIRING STATUS FOR RETURNING
VOLUNTEERS.
``(a) In General.--Subject to section 5B, Executive Order
11103 (22 U.S.C. 2504 note; relating to Providing for the
Appointment of Former Peace Corps Volunteers to the Civilian
Career Services), as amended by Executive Order 12107 (44
Fed. Reg. 1055; relating to the Civil Service Commission and
Labor-Management in the Federal Service), as in effect on the
day before the date of the enactment of the Peace Corps Act
of 2024, shall remain in effect and have the full force and
effect of law.
``(b) Noncompetitive Eligibility Federal Hiring Status.--
Subject to subsection (d), any volunteer whose Peace Corps
service was terminated after April 1, 2020, and who has been
certified by the Director as having satisfactorily completed
a full term of service, may be appointed not later than 2
years after completion of qualifying service to a position in
any United States department, agency, or establishment in the
competitive service under title 5, United States Code,
without competitive examination, in accordance with such
regulations and conditions as may be prescribed by the
Director of the Office of Personnel Management.
``(c) Extension.--The appointing authority may extend the
noncompetitive appointment eligibility under subsection (b)
to not more than 3 years after a volunteer's separation from
the Peace Corps if the volunteer, following such service, was
engaged in--
``(1) military service;
``(2) the pursuit of studies at a recognized institution of
higher learning; or
``(3) other activities which, in the view of the appointing
authority, warrant an extension of such eligibility.
``(d) Exception.--The appointing authority may not extend
the noncompetitive appointment eligibility under subsection
(b) to any volunteer who chooses to be subject to early
termination.''.
SEC. 1099. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST
REPRISAL OR RETALIATION.
Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is
amended by adding at the end the following:
``(d) Prohibition Against Reprisal or Retaliation.--
``(1) Definitions.--In this subsection:
``(A) Covered official or office.--The term `covered
official or office' means--
``(i) any Peace Corps employee, including an employee of
the Office of Inspector General;
``(ii) a Member of Congress or a designated representative
of a committee of Congress;
``(iii) an Inspector General (other than the Inspector
General for the Peace Corps);
``(iv) the Government Accountability Office;
``(v) any authorized official of the Department of Justice
or other Federal law enforcement agency; and
``(vi) a United States court, including any Federal grand
jury.
[[Page S5031]]
``(B) Relief.--The term `relief' includes all affirmative
relief necessary to make a volunteer whole, including
monetary compensation, equitable relief, compensatory
damages, and attorney fees and costs.
``(C) Reprisal or retaliation.--The term `reprisal or
retaliation' means taking, threatening to take, or initiating
adverse administrative action against a volunteer because the
volunteer made a report described in subsection (a) or
otherwise disclosed to a covered official or office any
information pertaining to waste, fraud, abuse of authority,
misconduct, mismanagement, violations of law, or a
significant threat to health and safety, if the activity or
occurrence complained of is based upon the reasonable belief
of the volunteer.
``(2) In general.--The Director of the Peace Corps shall
take all reasonable measures, including through the
development and implementation of a comprehensive policy, to
prevent and address reprisal or retaliation against a
volunteer by any Peace Corps officer or employee, or any
other person with supervisory authority over the volunteer
during the volunteer's period of service.
``(3) Reporting and investigation; relief.--
``(A) In general.--A volunteer may report a complaint or
allegation of reprisal or retaliation--
``(i) directly to the Inspector General of the Peace Corps,
who may conduct such investigations and make such
recommendations with respect to the complaint or allegation
as the Inspector General considers appropriate; and
``(ii) through other channels provided by the Peace Corps,
including through the process for confidential reporting
implemented pursuant to subsection (a).
``(B) Relief.--The Director of the Peace Corps--
``(i) may order any relief for an affirmative finding of a
proposed or final resolution of a complaint or allegation of
reprisal or retaliation in accordance with policies, rules,
and procedures of the Peace Corps; and
``(ii) shall ensure that such relief is promptly provided
to the volunteer.
``(4) Appeal.--
``(A) In general.--A volunteer may submit an appeal to the
Director of the Peace Corps of any proposed or final
resolution of a complaint or allegation of reprisal or
retaliation.
``(B) Rule of construction.--Nothing in this paragraph may
be construed to affect any other right of recourse a
volunteer may have under any other provision of law.
``(5) Notification of rights and remedies.--The Director of
the Peace Corps shall ensure that volunteers are informed in
writing of the rights and remedies provided under this
section.
``(6) Dispute mediation.--The Director of the Peace Corps
shall offer the opportunity for volunteers to resolve
disputes concerning a complaint or allegation of reprisal or
retaliation through mediation in accordance with procedures
developed by the Peace Corps.
``(7) Volunteer cooperation.--The Director of the Peace
Corps may take such disciplinary or other administrative
action, including termination of service, with respect to a
volunteer who unreasonably refuses to cooperate with an
investigation into a compliant or allegation of reprisal or
retaliation conducted by the Inspector General of the Peace
Corps.''.
SEC. 1099A. SEXUAL ASSAULT ADVISORY COUNCIL.
(a) Report and Extension of the Sexual Assault Advisory
Council.--Section 8D of the Peace Corps Act (22 U.S.C. 2507d)
is amended--
(1) by amending subsection (d) to read as follows:
``(d) Reports.--On an annual basis through the date
specified in subsection (g), the Council shall submit a
report to the Director of the Peace Corps, the Committee on
Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that describes
its findings based on the reviews conducted pursuant to
subsection (c) and includes relevant recommendations. Each
such report shall be made publicly available.''; and
(2) in subsection (g), by striking ``October 1, 2023'' and
inserting ``October 1, 2029''.
SEC. 1099B. SUSPENSION WITHOUT PAY.
Section 7 of the Peace Corps Act (22 U.S.C. 2506) is
amended by inserting after subsection (a) the following:
``(b) Suspension Without Pay.--(1) The Peace Corps may
suspend (without pay) any employee appointed or assigned
under this section if the Director has determined that the
employee engaged in serious misconduct that could impact the
efficiency of the service and could lead to removal for
cause.
``(2) Any employee for whom a suspension without pay is
proposed under this subsection shall be entitled to--
``(A) written notice stating the specific reasons for such
proposed suspension;
``(B)(i) up to 15 days to respond orally or in writing to
such proposed suspension if the employee is assigned in the
United States; or
``(ii) up to 30 days to respond orally or in writing to
such proposed suspension if the employee is assigned outside
of the United States;
``(C) representation by an attorney or other
representative, at the employee's own expense;
``(D) a written decision, including the specific reasons
for such decision, as soon as practicable;
``(E) a process through which the employee may submit an
appeal to the Director of the Peace Corps not later than 10
business days after the issuance of a written decision; and
``(F) a final decision personally rendered by the Director
of the Peace Corps not later than 30 days after the receipt
of such appeal.
``(3) Notwithstanding any other provision of law, a final
decision under paragraph (2)(F) shall be final and not
subject to further review.
``(4) If the Director fails to establish misconduct by an
employee under paragraph (1) and no disciplinary action is
taken against such employee based upon the alleged grounds
for the suspension, the employee shall be entitled to
reinstatement, back pay, full benefits, and reimbursement of
attorney fees of up to $20,000.''.
______
SA 2763. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. DIVERSITY IN NATIONAL SECURITY AND INTERNATIONAL
AFFAIRS MATTERS.
(a) Transparency and Accountability in National Security
and International Affairs Workforce Policies and Practices.--
(1) Sense of congress.--It is the sense of Congress that it
is in the strategic interest of the United States to recruit
and retain talent from across the United States to support
the national security and foreign policy goals of the United
States.
(2) Establishment.--There shall be established within the
front office of the Department of State, the United States
Agency for International Development, and other international
affairs and national security agencies (as applicable), a
Diversity and Inclusion Office (in this section referred to
as the ``Office'') to advance transparency, accountability,
and meritocracy in the recruitment and retention of a diverse
workforce.
(3) Head of office.--Each Office shall be led by a Chief
Diversity Officer or Chief Diversity and Inclusion Officer
(in this subsection referred to as the ``Officer''), who
shall--
(A) report directly to the Secretary, the Administrator, or
other agency head, as applicable;
(B) develop and promote strategies in support of the policy
expressed in paragraph (1), including--
(i) serving as a permanent voting member of any agency
committee or panel responsible for the selection of senior
leadership positions within the agency; and
(ii) developing a Diversity, Equity, Inclusion and
Accessibility Strategic Plan or another comprehensive
strategic plan that supports a diverse workforce and advances
fair, transparent, and safe human resources policies and
practices; and
(C) be supported by expert senior, mid-career, and other
personnel to assist in the development and implementation of
diversity, equity, and inclusion initiatives.
(4) Authorization of appropriations.--There are authorized
to be appropriated for each Office such sums as may be
necessary to establish and maintain the work described in
paragraph (3).
(b) Office of Race and Ethnic Relations and Affairs.--
(1) Establishment.--The Secretary may establish within the
front office of the Under Secretary of State for Civilian
Security, Democracy, and Human Rights an Office of Race and
Ethnic Relations and Affairs (in this subsection referred to
as the ``Office'') to assist in addressing national security
and human rights concerns stemming from racial and ethnic
divisions and conflicts.
(2) Head of office and functions.--The head of the Office
shall--
(A) be a recognized expert in race and ethnic relations,
hold the rank and status of ambassador or equivalent
position, and report directly to the Secretary; and
(B) direct and coordinate activities, policies, programs,
action plans, public diplomacy, and funding relating to the
human rights, protection, and empowerment of members of
marginalized and underserved racial, ethnic, and indigenous
populations, including individuals of African descent and
Roma populations;
(C) work to improve race and ethnic relations and address
racial and ethnic violence;
(D) represent the United States in contacts with foreign
governments, international organizations, and specialized
agencies relating to race and ethnicity, and lead the
coordination, monitoring, and evaluation of United States
international race and ethnic policies and programs; and
(E) establish a program to support international research
and education on race and ethnicity in national and regional
conflicts.
(c) Centers of Excellence in Foreign Affairs and
Assistance.--
(1) In general.--The Administrator of the United States
Agency for International Development, in coordination with
the Secretary of State, may designate Centers of Excellence
in Foreign Affairs and Assistance
[[Page S5032]]
at historically Black colleges and universities and other
institutions to receive grants to develop research, training,
fellowship, internships, degree programs, educational
exchange programs, and other partnership opportunities that
advance United States national security through foreign
policy and international development efforts.
(2) Historically black college and university defined.--In
this section, the term ``historically Black college and
university'' has the meaning given the term ``part B
institution'' in section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
______
SA 2764. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. TEMPORARY JUDGESHIPS IN THE DISTRICT COURTS.
(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
section, 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 section.
(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:
[[Page S5033]]
``New Mexico......................... 7'';
(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 2765. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. NATURAL GAS EXPORTS.
(a) Finding.--Congress finds that expanding natural gas
exports will lead to increased investment and development of
domestic supplies of natural gas that will contribute to job
growth and economic development.
(b) Natural Gas Exports.--Section 3(c) of the Natural Gas
Act (15 U.S.C. 717b(c)) is amended--
(1) by inserting ``or any other nation not excluded by this
section'' after ``trade in natural gas'';
(2) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes''; and
(3) by adding at the end the following:
``(2) Exclusions.--
``(A) In general.--Any nation subject to sanctions or trade
restrictions imposed by the United States is excluded from
expedited approval under paragraph (1).
``(B) Designation by president or congress.--The President
or Congress may designate nations that may be excluded from
expedited approval under paragraph (1) for reasons of
national security.
``(3) Order not required.--No order is required under
subsection (a) to authorize the export or import of any
natural gas to or from Canada or Mexico.''.
______
SA 2766. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. PROHIBITION ON SALES OF PETROLEUM PRODUCTS FROM
THE STRATEGIC PETROLEUM RESERVE TO CERTAIN
COUNTRIES.
(a) Prohibitions.--Notwithstanding any other provision of
law, unless a waiver has been issued under subsection (b),
the Secretary of Energy shall not draw down and sell
petroleum products from the Strategic Petroleum Reserve--
(1) to any entity that is under the ownership or control of
the Chinese Communist Party, the People's Republic of China,
the Russian Federation, the Democratic People's Republic of
Korea, or the Islamic Republic of Iran; or
(2) except on the condition that such petroleum products
will not be exported to the People's Republic of China, the
Russian Federation, the Democratic People's Republic of
Korea, or the Islamic Republic of Iran.
(b) Waiver.--
(1) In general.--On application by a bidder, the Secretary
of Energy may waive, prior to the date of the applicable
auction, the prohibitions described in subsection (a) with
respect to the sale of crude oil to that bidder at that
auction.
(2) Requirement.--The Secretary of Energy may issue a
waiver under this subsection only if the Secretary determines
that the waiver is in the interest of the national security
of the United States.
(3) Applications.--A bidder seeking a waiver under this
subsection shall submit to the Secretary of Energy an
application by such date, in such form, and containing such
information as the Secretary of Energy may require.
(4) Notice to congress.--Not later than 15 days after
issuing a waiver under this subsection, the Secretary of
Energy shall provide a copy of the waiver to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives.
______
SA 2767. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 4638, to authorize appropriations
for fiscal year 2025 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. RESTRICTIONS AT WORLD BANK GROUP AND INTERNATIONAL
MONETARY FUND.
(a) Hamas and Palestine Islamic Jihad.--
(1) World bank group.--The Secretary of the Treasury shall
instruct the United States Executive Director to the World
Bank Group shall to use the voice, vote, and influence of the
United States at the World Bank Group to oppose all projects
relating to the Palestinian Authority or territories of the
West Bank or Gaza Strip, until the Secretary certifies to the
appropriate congressional committees that--
(A) Hamas, Palestine Islamic Jihad, or any of its successor
organizations do not exert direct or indirect political or
military control over the territories of the West Bank or
Gaza Strip;
(B) the terrorist infrastructure within the West Bank and
Gaza has been verifiably dismantled; and
(C) the Palestinian Authority or any successor does not
include members of Hamas, Palestinian Islamic Jihad, or any
of its agents, affiliates, or successor organizations.
(2) International monetary fund.--The Secretary of the
Treasury shall instruct the United States Executive Director
to the International Monetary Fund to use the voice, vote,
and influence of the United States at the Fund to oppose all
financing relating to the Palestinian Authority or
territories of the West Bank or Gaza Strip, until the
Secretary certifies to the appropriate congressional
committees that--
(A) Hamas, Palestine Islamic Jihad, or any of its successor
organizations do not exert direct or indirect political or
military control over the territories of the West Bank or
Gaza Strip;
(B) the terrorist infrastructure within the West Bank and
Gaza has been verifiably dismantled; and
(C) the Palestinian Authority or any successor does not
include members of Hamas, Palestinian Islamic Jihad, or any
of its agents, affiliates or successor organizations.
(b) Yemen and Houthis.--
(1) World bank group.--The Secretary shall instruct the
United States Executive Director to the World Bank Group
shall to
[[Page S5034]]
use the voice, vote, and influence of the United States at
the World Bank Group to oppose all projects relating to the
Yemen until the Secretary certifies to the appropriate
congressional committees that Yemeni Houthi or any of its
successor organizations do not exert direct or indirect
political or military control over Yemen.
(2) International monetary fund.--The Secretary shall
instruct the United States Executive Director to the
International Monetary Fund to use the voice, vote, and
influence of the United States at the Fund to oppose all
financing relating to the Yemen until the Secretary certifies
to the appropriate congressional committees that Yemeni
Houthi or any of its successor organizations do not exert
direct or indirect political or military control over Yemen.
(c) Lebanon and Hizbollah.--
(1) World bank group.--The Secretary shall instruct the
United States Executive Director to the World Bank Group
shall to use the voice, vote, and influence of the United
States at the World Bank Group to oppose all projects
relating to Lebanon until the Secretary certifies to the
appropriate congressional committees that Hizbollah or any of
its successor organizations do not exert direct or indirect
political or military control over Lebanon.
(2) International monetary fund.--The Secretary shall
instruct the United States Executive Director to the
International Monetary Fund to use the voice, vote, and
influence of the United States at the Fund to oppose all
financing relating to Lebanon until the Secretary certifies
to the Appropriate congressional committees that Hizbollah or
any of its successor organizations do not exert direct or
indirect political or military control over Lebanon.
(d) Iraq and Kata'ib Hizballah.--
(1) World bank group.--The Secretary shall instruct the
United States Executive Director to the World Bank Group
shall to use the voice, vote, and influence of the United
States at the World Bank Group to oppose all projects
relating to Iraq until the Secretary certifies to the
appropriate congressional committees that Kata'ib Hizballah
or any of its successor organizations do not exert direct or
indirect political or military control over Iraq.
(2) International monetary fund.--The Secretary shall
instruct the United States Executive Director to the
International Monetary Fund to use the voice, vote, and
influence of the United States at the Fund to oppose all
financing relating to Iraq until the Secretary certifies to
the appropriate congressional committees that Kata'ib
Hizballah or any of its successor organizations do not exert
direct or indirect political or military control over Iraq.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) Hamas.--The term ``Hamas'' means--
(A) the entity known as Hamas and designated by the
Secretary of State as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189); and
(B) any person--
(i) identified as an agent or instrumentality of Hamas on
the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Asset Control of
the Department of the Treasury; and
(ii) the property or interests in property of which are
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(3) Kata'ib hizballah.--The term ``Kata'ib Hizballah''
means--
(A) the entity known Kata'ib Hizballah and designated by
the Secretary of State as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189); and
(B) any person--
(i) identified as an agent or instrumentality of Kata'ib
Hizballah on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury; and
(ii) the property or interests in property of which are
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(4) Palestine islamic jihad.--The term ``Palestine Islamic
Jihad'' means--
(A) the entity known as Palestine Islamic Jihad and
designated by the Secretary of State as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); or
(B) any person--
(i) identified as an agent or instrumentality of Palestine
Islamic Jihad on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury; and
(ii) the property or interests in property of which are
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(5) Yemeni houthi.--The term ``Yemeni Houthi'' means--
(A) the entity known as Houthi or Ansarallah and designated
by the Secretary of State as a specially designated as a
specially designated global terrorist organization under
Executive Order 13224 (50 U.S.C. 1701 note; relating to
blocking property and prohibiting transactions with persons
who commit, threaten to commit, or support terrorism); and
(B) any person--
(i) identified as an agent or instrumentality of Houthi or
Ansarallah on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Asset
Control of the Department of the Treasury; and
(ii) the property or interests in property of which are
blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
______
SA 2768. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 4638, to authorize appropriations
for fiscal year 2025 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title X, add the following:
Subtitle I--International Nuclear Energy Financing Act of 2024
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``International Nuclear
Energy Financing Act of 2024''.
SEC. 1097. FINDINGS.
Congress finds as follows:
(1) Nuclear power provides clean energy with greater
reliability than wind or solar energy, and with comparable
life cycle greenhouse gas emissions.
(2) According to W. Gyude Moore, the former Minister of
Public Works for Liberia, ``Obstacles to the financing of
nuclear power in emerging economies work to prevent countries
like my own from industrializing our economies and building
climate-resilient infrastructure. This is especially bad
timing as the next generation of nuclear technologies,
including small modular reactors and microreactors, are
especially suitable to emerging markets. Such restrictions
are an example of climate injustice, not a reaction against
it.''.
(3) The People's Republic of China and the Russian
Federation have sought to export nuclear reactors to Europe,
Eurasia, Latin America, and South Asia using technologies
which, according to a 2017 study by Columbia University's
Center on Global Energy Policy, are associated with higher
safety risk than American and Japanese reactor designs.
(4) In a 2019 letter to congressional leaders, 38 national
security experts emphasized the importance of nuclear energy
finance to counter Chinese and Russian ambitions, writing:
``In the nuclear energy sector, the initial supply of a
reactor typically leads to the supplier's involvement
throughout the hundred-year life of the nuclear program,
enabling long-term influence on nuclear safety, security and
nonproliferation, as well as the ability to advance energy
security and broader foreign policy interests.''.
(5) As Rafael Mariano Grossi, Director General of the
International Atomic Energy Agency, wrote in Climate Change
and Nuclear Power 2020, ``Nuclear power, currently being
generated in 30 countries, is already reducing carbon dioxide
emissions by about two gigatons per year. That is the
equivalent of taking more than 400 million cars off the
road--every year.''. He continued, ``Nuclear power now
provides about 10 percent of the world's electricity, but it
contributes almost 30 percent of all low carbon electricity.
Nuclear power will be essential for achieving the low carbon
future which world leaders have agreed to strive for.''.
SEC. 1098. INTERNATIONAL FINANCIAL INSTITUTION SUPPORT FOR
NUCLEAR ENERGY.
The Secretary of the Treasury shall instruct the United
States Executive Director at the International Bank for
Reconstruction and Development and, as the Secretary deems
appropriate, the United States Executive Director at any
other international financial institution (as defined in
section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)), to use the voice,
vote, and influence of the United States at the institution
to support financial assistance for the generation and
distribution of nuclear energy, consistent with the national
security interests of the United States.
SEC. 1099. WAIVER AUTHORITY.
The Secretary of the Treasury may waive the requirement of
section 1098 on a case-by-base basis upon notifying the
Committee on Foreign Relations 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, with a detailed explanation of the
reasons therefor.
SEC. 1099A. PROGRESS REPORT.
The Chairman of the National Advisory Council on
International Monetary and Financial Policies shall include
in the annual report required by section 1701 of the
International Financial Institutions Act (22 U.S.C. 262r) a
discussion of any progress made in promoting international
financial institution (as defined in section 1701(c)(2) of
such Act) assistance for nuclear energy.
[[Page S5035]]
SEC. 1099B. SUNSET.
This subtitle shall have no force or effect after the date
that is 10 years after the date of the enactment of this Act.
______
SA 2769. Mr. HAGERTY (for himself and Mr. Kaine) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. __. MODERNIZING THE DEFENSE CAPABILITIES OF THE
PHILIPPINES.
(a) Use of Authorities.--The Secretary of State, in
consultation with the Secretary of Defense, shall use the
authorities under this section--
(1) to strengthen the United States-Philippines alliance;
and
(2) to support the acceleration of the modernization of the
defense capabilities of the Philippines.
(b) Purpose.--In addition to the purposes otherwise
authorized for Foreign Military Financing programs under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), a purpose
of such programs shall be to provide assistance, including
equipment, training, and other support, to modernize the
defense capabilities of the Armed Forces of the Philippines--
(1) to safeguard the territorial sovereignty of the
Philippines;
(2) to improve maritime domain awareness;
(3) to counter coercive military activities;
(4) to improve the military and civilian infrastructure and
capabilities necessary to prepare for regional contingencies;
and
(5) to strengthen cooperation between the United States and
the Philippines on counterterrorism-related efforts.
(c) Annual Spending Plan.--Not later than March 1, 2025,
and annually thereafter for a period of 5 years, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit to the appropriate congressional
committees a plan describing how amounts authorized to be
appropriated pursuant to subsection (e), if made available,
would be used to achieve the purpose described in subsection
(b).
(d) Annual Report on Enhancing the United States-
Philippines Defense Relationship.--
(1) Report.--Not later than 270 days after the date of the
enactment of this Act, and annually thereafter for a period
of 7 years, the Secretary of State, in consultation with the
Secretary of Defense, and in consultation with such other
heads of Federal departments and agencies as the Secretary of
State considers appropriate, shall submit to the appropriate
congressional committees a report that describes steps taken
to enhance the United States-Philippines defense
relationship.
(2) Matters to be included.--Each report required under
paragraph (1) shall include the following:
(A) A description of the capabilities needed to modernize
the defense capabilities of the Philippines, including with
respect to--
(i) coastal defense;
(ii) long-range fires;
(iii) integrated air defenses;
(iv) maritime security;
(v) manned and unmanned aerial systems;
(vi) mechanized ground mobility vehicles;
(vii) intelligence, surveillance, and reconnaissance;
(viii) defensive cybersecurity; and
(ix) any other defense capabilities that the Secretary of
State determines, including jointly with the Philippines, are
crucial to the defense of the Philippines.
(B) A description of additional statutory authorities and
funding levels required to provide support for and
cooperation with the Philippines on the capabilities
described in subparagraph (A).
(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form, but may contain a
classified annex.
(e) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated for Foreign
Military Financing, there is authorized to be appropriated to
the Department of State for Foreign Military Financing grant
assistance for the Philippines $500,000,000 for each of
fiscal years 2025 through 2030.
(f) Use of Funds.--Of the amounts authorized to be
appropriated pursuant to subsection (e), the Secretary of
State shall obligate and expend not less than $500,000 each
fiscal year for one or more blanket order agreements for
Foreign Military Financing training programs related to the
defense needs of the Philippines.
(g) Sunset Provision.--Assistance may not be provided under
this section after September 30, 2035.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(2) Blanket order agreement.--The term ``blanket order
agreement'' means an agreement between a foreign customer and
the United State Government for a specific category of items
or services (including training) that--
(A) does not include a definitive list of items or
quantities; and
(B) specifies a dollar ceiling against which orders may be
placed.
______
SA 2770. Mr. WHITEHOUSE (for himself, Mr. Reed, and Ms. Klobuchar)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. GRANTS FOR STATE, COUNTY, AND TRIBAL VETERANS'
CEMETERIES THAT ALLOW INTERMENT OF CERTAIN
PERSONS ELIGIBLE FOR INTERMENT IN NATIONAL
CEMETERIES.
Section 2408 of title 38, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k)(1) The Secretary may not establish a condition for a
grant under this section that restricts the ability of a
State, county, or tribal organization receiving such a grant
to allow the interment of any person described in paragraph
(8) or (10) of section 2402(a) of this title in a veterans'
cemetery owned by that State or county or on trust land owned
by, or held in trust for, that tribal organization.
``(2) The Secretary may not deny an application for a grant
under this section solely on the basis that the State,
county, or tribal organization receiving such grant may use
funds from such grant to expand, improve, operate, or
maintain a veterans' cemetery in which interment of persons
described in paragraph (8) or (10) of section 2402(a) of this
title is allowed.
``(3)(A) When requested by a State, county, or tribal
organization in receipt of a grant made under this section,
the Secretary shall--
``(i) determine whether a person is eligible for burial in
a national cemetery under paragraph (8) or (10) of section
2402(a) of this title; and
``(ii) advise the grant recipient of the determination.
``(B) A grant recipient described in subparagraph (A) may
use a determination of the Secretary under such subparagraph
as a determination of the eligibility of the person concerned
for burial in the cemetery for which the grant was made.''.
______
SA 2771. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Enhancing First Response Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Enhancing First
Response Act''.
SEC. 1097. REPORTS AFTER ACTIVATION OF DISASTER INFORMATION
REPORTING SYSTEM; IMPROVEMENTS TO NETWORK
OUTAGE REPORTING.
(a) Definitions.--In this section:
(1) Automatic location information; automatic number
identification.--The terms ``Automatic Location Information''
and ``Automatic Number Identification'' have the meanings
given those terms in section 9.3 of title 47, Code of Federal
Regulations, or any successor regulation.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
the term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(3) Commercial mobile service.--The term ``commercial
mobile service'' has the meaning given the term in section
332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
(4) Commercial mobile data service.--The term ``commercial
mobile data service'' has the meaning given the term in
section 6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401).
(5) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(6) Indian tribal government; local government.--The terms
``Indian tribal government'' and ``local government'' have
the meanings given those terms in section 102 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
[[Page S5036]]
(7) Interconnected voip service; state.--The terms
``interconnected VoIP service'' and ``State'' have the
meanings given those terms in section 3 of the Communications
Act of 1934 (47 U.S.C. 153).
(8) Outage.--The term ``outage'' has the meaning given the
term in section 4.5 of title 47, Code of Federal Regulations,
or any successor regulation.
(9) Public safety answering point.--The term ``public
safety answering point'' has the meaning given the term in
section 222(h) of the Communications Act of 1934 (47 U.S.C.
222(h)).
(10) System.--The term ``System'' means the Disaster
Information Reporting System.
(b) Reports After Activation of Disaster Information
Reporting System.--
(1) Preliminary report.--
(A) In general.--Not later than 6 weeks after the
deactivation of the System with respect to an event for which
the System was activated for not less than 7 days, the
Commission shall issue a preliminary report on, with respect
to such event and to the extent known--
(i) the number and duration of any outages of--
(I) broadband internet access service;
(II) interconnected VoIP service;
(III) commercial mobile service; and
(IV) commercial mobile data service;
(ii) the approximate number of users or the amount of
communications infrastructure potentially affected by an
outage described in clause (i);
(iii) the number and duration of any outages that prevent
public safety answering points from receiving caller location
or number information or receiving emergency calls and
routing such calls to emergency service personnel; and
(iv) any additional information determined appropriate by
the Commission.
(B) Development of report.--The Commission shall develop
the report required by subparagraph (A) using information
collected by the Commission, including information collected
by the Commission through the System.
(2) Public field hearings.--
(A) Requirement.--Not later than 8 months after the
deactivation of the System with respect to an event for which
the System was activated for not less than 7 days, the
Commission shall hold not less than 1 public field hearing in
the area affected by such event.
(B) Inclusion of certain individuals in hearings.--For each
public field hearing held under subparagraph (A), the
Commission shall consider including--
(i) representatives of State government, local government,
or Indian tribal governments in areas affected by such event;
(ii) residents of the areas affected by such event, or
consumer advocates;
(iii) providers of communications services affected by such
event;
(iv) faculty of institutions of higher education;
(v) representatives of other Federal agencies;
(vi) electric utility providers;
(vii) communications infrastructure companies; and
(viii) first responders, emergency managers, or 9-1-1
directors in areas affected by such event.
(3) Final report.--Not later than 12 months after the
deactivation of the System with respect to an event for which
the System was activated for not less than 7 days, the
Commission shall issue a final report that includes, with
respect to such event--
(A) the information described in paragraph (1)(A); and
(B) any recommendations of the Commission on how to improve
the resiliency of affected communications or networks
recovery efforts.
(4) Development of reports.--In developing a report
required under this subsection, the Commission shall consider
information collected by the Commission, including
information collected by the Commission through the System,
and any public hearing described in paragraph (2) with
respect to the applicable event.
(5) Publication.--The Commission shall publish each report,
excluding information that is otherwise exempt from public
disclosure under the rules of the Commission, issued under
this subsection on the website of the Commission upon the
issuance of such report.
(c) Improvements to Network Outage Reporting.--Not later
than 1 year after the date of enactment of this Act, the
Commission shall investigate and publish a report on--
(1) the value to public safety agencies of originating
service providers including visual information to improve
situational awareness about outages in the notifications
provided to public safety answering points, as required by
rules issued by the Commission;
(2) the volume and nature of 911 outages that may go
unreported under the outage notification thresholds of the
Commission; and
(3) recommended changes to rules issued by the Commission
to address paragraphs (1) and (2).
SEC. 1098. REPORTING OF PUBLIC SAFETY TELECOMMUNICATORS AS
PROTECTIVE SERVICE OCCUPATIONS.
(a) Findings.--Congress finds the following:
(1) Public safety telecommunicators play a critical role in
emergency response, providing medical instruction, gathering
lifesaving information, and protecting civilians and first
responders.
(2) The Standard Occupational Classification system is
designed and maintained solely for statistical purposes, and
is used by Federal statistical agencies to classify workers
and jobs into occupational categories for the purpose of
collecting, calculating, analyzing, or disseminating data.
(3) Occupations in the Standard Occupational Classification
are classified based on work performed and, in some cases, on
the skills, education, or training needed to perform the
work.
(4) Classifying public safety telecommunicators as a
protective service occupation would correct an inaccurate
representation in the Standard Occupational Classification,
recognize these professionals for the lifesaving work they
perform, and better align the Standard Occupational
Classification with related classification systems.
(b) Standard Occupational Classification System.--The
Director of the Office of Management and Budget shall, not
later than 30 days after the date of the enactment of this
Act, categorize public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification system.
SEC. 1099. REPORT ON IMPLEMENTATION OF THE KARI'S LAW ACT OF
2017.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Multi-line telephone system.--The term ``multi-line
telephone system'' has the meaning given the term in section
721(f) of the Communications Act of 1934 (47 U.S.C. 623(f)).
(b) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Inspector General of the
Commission shall publish a report regarding the enforcement
by the Commission of section 721 of the Communications Act of
1934 (47 U.S.C. 623), which shall include--
(1) a summary of the extent to which multi-line telephone
system manufacturers and vendors have complied with that
section;
(2) potential difficulties and obstacles in complying with
that section;
(3) recommendations to the Commission, if necessary, on
ways to improve the policies of the Commission to better
enforce that section; and
(4) recommendations to Congress, if necessary, on further
legislation that could mitigate problems like those that are
addressed by that section.
______
SA 2772. Ms. KLOBUCHAR submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PREMERGER FILING FEES TO BE RETAINED AND USED FOR
EXPENSES.
Beginning in fiscal year 2025, and in each fiscal year
thereafter, all premerger notification filing fees collected
pursuant to section 7A of the 8 Clayton Act (15 U.S.C. 18a)
shall be--
(1) retained and used for expenses necessary for the
enforcement of antitrust and kindred laws by the Antitrust
Division of the Department of Justice and the Federal Trade
Commission, to remain available until expended; and
(2) treated as direct spending described in section
250(c)(8)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900(c)(8)(A)).
______
SA 2773. Mr. BENNET (for himself and Mr. Young) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. OFFICE OF GLOBAL COMPETITION ANALYSIS.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Office.--The term ``Office'' means the Office of Global
Competition Analysis established under subsection (b).
(b) Establishment.--
(1) In general.--The President shall establish an office
for analysis of global competition.
(2) Purposes.--The purposes of the Office are as follows:
(A) To carry out a program of analysis relevant to United
States leadership in science, technology, and innovation
sectors critical to national security and economic prosperity
[[Page S5037]]
relative to other countries, particularly those countries
that are strategic competitors of the United States.
(B) To support policy development and decision making
across the Federal Government to ensure United States
leadership in science, technology, and innovation sectors
critical to national security and economic prosperity
relative to other countries, particularly those countries
that are strategic competitors of the United States.
(3) Designation.--The office established under paragraph
(1) shall be known as the ``Office of Global Competition
Analysis''.
(c) Activities.--In accordance with the priorities
determined under subsection (d), the Office shall--
(1) subject to subsection (f), acquire, access, use, and
handle data or other information relating to the purposes of
the Office under subsection (b)(2);
(2) conduct long- and short-term analyses regarding--
(A) United States policies that enable technological
competitiveness relative to those of other countries,
particularly with respect to countries that are strategic
competitors of the United States;
(B) United States science and technology ecosystem
elements, including regional and national research
development and capacity, technology innovation, and science
and engineering education and research workforce, relative to
those of other countries, particularly with respect to
countries that are strategic competitors of the United
States;
(C) United States technology development,
commercialization, and advanced manufacturing ecosystem
elements, including supply chain resiliency, scale-up
manufacturing testbeds, access to venture capital and
financing, technical and entrepreneurial workforce, and
production, relative to those of other countries,
particularly with respect to countries that are strategic
competitors of the United States;
(D) United States competitiveness in technology and
innovation sectors critical to national security and economic
prosperity relative to other countries, including the
availability and scalability of United States technology in
such sectors abroad, particularly with respect to countries
that are strategic competitors of the United States;
(E) trends and trajectories, including rate of change in
technologies, related to technology and innovation sectors
critical to national security and economic prosperity;
(F) threats to United States national security interests as
a result of any foreign country's dependence on technologies
of strategic competitors of the United States; and
(G) threats to United States interests based on
dependencies on foreign technologies critical to national
security and economic prosperity;
(3) solicit input on technology and economic trends, data,
and metrics from relevant private sector stakeholders,
including entities involved in financing technology
development and commercialization, and engage with academia
to inform the analyses under paragraph (2); and
(4) to the greatest extent practicable and as may be
appropriate, ensure that versions of the analyses under
paragraph (2) are unclassified and available to relevant
Federal agencies and offices.
(d) Determination of Priorities.--On a periodic basis, the
Director of the Office of Science and Technology Policy, the
Assistant to the President for Economic Policy, and the
Assistant to the President for National Security Affairs
shall, in coordination with such heads of Executive agencies
as the Director of the Office of Science and Technology
Policy and such Assistants jointly consider appropriate,
jointly determine the priorities of the Office with respect
to subsection (b)(2)(A), considering, as may be appropriate,
the strategies and reports under subtitle B of title VI of
the Research and Development, Competition, and Innovation Act
(Public Law 117-167).
(e) Administration.--Subject to the availability of
appropriations, to carry out the purposes set forth under
subsection (b)(2), the Office shall enter into an agreement
with a federally funded research and development center, a
university affiliated research center, or a consortium of
federally funded research and development centers and
university-affiliated research centers.
(f) Acquisition, Access, Use, and Handling of Data or
Information.--In carrying out the activities under subsection
(c), the Office--
(1) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy, including laws and policies providing for
the protection of privacy and civil liberties, and subject to
any restrictions required by the source of the information;
(2) shall have access, upon written request, to all
information, data, or reports of any Executive agency that
the Office determines necessary to carry out the activities
under subsection (c), provided that such access is--
(A) conducted in a manner consistent with applicable
provisions of law and policy of the originating agency,
including laws and policies providing for the protection of
privacy and civil liberties; and
(B) consistent with due regard for the protection from
unauthorized disclosure of classified information relating to
sensitive intelligence sources and methods or other
exceptionally sensitive matters; and
(3) may obtain commercially available information that may
not be publicly available.
(g) Detailee Support.--Consistent with applicable law,
including sections 1341, 1517, and 1535 of title 31, United
States Code, and section 112 of title 3, United States Code,
the head of a department or agency within the executive
branch of the Federal Government may detail personnel to the
Office in order to assist the Office in carrying out any
activity under subsection (c), consistent with the priorities
determined under subsection (d).
(h) Annual Report.--Not less frequently than once each
year, the Office shall submit to Congress a report on the
activities of the Office under this section, including a
description of the priorities under subsection (d) and any
support, disaggregated by Executive agency, provided to the
Office consistent with subsection (g) in order to advance
those priorities.
(i) Plans.--Before establishing the Office under subsection
(b)(1), the President shall submit to Congress a report
detailing plans for--
(1) the administrative structure of the Office, including--
(A) a detailed spending plan that includes administrative
costs; and
(B) a disaggregation of costs associated with carrying out
subsection (e);
(2) ensuring consistent and sufficient funding for the
Office; and
(3) coordination between the Office and relevant Executive
agencies and offices.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this Act $20,000,000 for
fiscal year 2024.
(k) Funding.--This Act shall be carried out using amounts
appropriated on or after the date of the enactment of this
Act.
______
SA 2774. Mr. VAN HOLLEN (for himself, Mr. Cardin, Mr. Kaine, and Mr.
Warner) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Establishment of Chesapeake National Recreation Area
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Advisory commission.--The term ``Advisory Commission''
means the Chesapeake National Recreation Area Advisory
Commission established under section 1099F(a).
(2) Bay.--The term ``Bay'' means--
(A) the Chesapeake Bay watershed; and
(B) any tidal segment of a tributary of the Chesapeake Bay
in any State.
(3) Bay program.--The term ``Bay Program'' means the
Chesapeake Bay Program authorized under section 117 of the
Federal Water Pollution Control Act (33 U.S.C. 1267).
(4) Chesapeake gateways.--The term ``Chesapeake Gateways''
means the Chesapeake Bay Gateways and Watertrails Network
authorized under section 502 of the Chesapeake Bay Initiative
Act of 1998 (54 U.S.C. 320101 note; Public Law 105-312).
(5) Map.--The term ``Map'' means the map entitled
``Chesapeake National Recreation Area Proposed Boundary'',
numbered P99/189631, and dated June 2023.
(6) National park service site.--The term ``National Park
Service site'' means a unit of the National Park System that
is--
(A) directly associated with the Bay; and
(B) located in 1 or more of the States in the Bay
watershed.
(7) Partner site.--The term ``partner site'' means land
that is subject to a partner site agreement under section
1099C(b).
(8) Recreation area.--The term ``Recreation Area'' means
the Chesapeake National Recreation Area established by
section 1098(a).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Youth representative.--The term ``youth
representative'' means a member of the Advisory Commission
who--
(A) has not attained the age of 22 as of the date on which
the member is appointed or reappointed; and
(B) is tasked with representing the interests of children
and young adults in the State from which the member is
appointed.
SEC. 1097. PURPOSES.
The purposes of this subtitle are--
(1) to recognize the ecological, cultural, and historic
diversity of the region in which the Bay is located by
promoting the national significance of the Bay and
surrounding areas;
(2) to conserve and protect the significant natural,
recreational, historical, and cultural resources relating to
the Bay;
(3) to facilitate public access to the Bay for--
(A) recreation;
(B) public enjoyment; and
(C) the enhancement of sustainable tourism that respects
the health of the Bay;
(4) to encourage engagement and cooperation with
communities that neighbor the Bay and communities that
include historically underserved and underrepresented
populations that have traditionally lacked access to the Bay;
(5) to promote diversity, equity, and inclusion with
respect to the Bay by emphasizing
[[Page S5038]]
the vital economic, cultural, and ecological contributions of
historic and current populations, including, at a minimum, by
providing educational and interpretive services to increase
public understanding of, and appreciation for--
(A) the natural, historical, and cultural resources of the
Bay; and
(B) traditional practices of the individuals whose
livelihoods have been dependent on the land and water
resources of the Bay and the surrounding area;
(6) to facilitate the cooperative management and
stewardship of the resources of the Bay; and
(7) to advance the conservation goals of Chesapeake
Gateways and the Bay Program.
SEC. 1098. ESTABLISHMENT AND BOUNDARIES OF CHESAPEAKE
NATIONAL RECREATION AREA.
(a) Establishment.--To preserve, protect, interpret, and
provide for the public enjoyment of the resources relating to
the Bay and surrounding areas, there is established as a unit
of the National Park System the Chesapeake National
Recreation Area.
(b) Boundary.--The boundary of the Recreation Area shall be
the boundary as depicted on the Map.
(c) Administrative, Interpretive, and Visitor Service
Sites.--As soon as practicable after the date of the
establishment of the Recreation Area, the Secretary shall--
(1) seek to enter into a cooperative agreement for
administrative, interpretive, and visitor service uses for
the Recreation Area under section 1099C(a) or a partner site
agreement under section 1099C(b) with the City of Annapolis,
Maryland, for the use of the Burtis House;
(2) acquire, lease, or enter into a cooperative management
agreement with respect to real property for an additional
administrative, interpretive, and visitor services center for
the Recreation Area, which shall be located within or in the
environs of the historic downtown area of the City of
Annapolis, Maryland; and
(3) acquire, lease, or enter into a cooperative management
agreement with respect to real property for an additional
interpretive and visitor services center for the Recreation
Area, which shall be located within or in the environs of
Fort Monroe.
(d) Availability of Map.--The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(e) Revision of Fort Monroe National Monument Boundary.--
(1) In general.--The boundary of Fort Monroe National
Monument, established by Proclamation 8750, dated November 1,
2011 (54 U.S.C. 320301 note; 76 Fed. Reg. 68625), is revised
to exclude all land and interests in land within the North
Beach area of the Monument (as in existence on the day before
the date of enactment of this Act) that are identified on the
Map as part of the Recreation Area.
(2) Administration.--Any reference in any law, regulation,
document, record, map, or other paper of the United States to
the land or interests in land described in paragraph (1)
shall be considered to be a reference to the Recreation Area.
(3) Transfer of administrative jurisdiction.--
(A) In general.--Subject to subparagraph (B) and until the
date on which administrative jurisdiction over the land and
interests in land are transferred to the Secretary, the
Secretary of the Army shall continue to administer the land
and interests in land described in paragraph (1) that were
under the jurisdiction of the Secretary of the Army as of the
day before the date of enactment of this Act in accordance
with--
(i) the memorandum of agreement between the Secretary of
the Army and the Secretary dated December 9, 2016; and
(ii) this subtitle.
(B) Requirements.--In carrying out subparagraph (A), the
Secretary of the Army shall--
(i) consult with the Secretary; and
(ii) administer the land and interests in land described in
paragraph (1) in a manner consistent with this subtitle.
SEC. 1099. ACQUISITION OF LAND FOR THE CHESAPEAKE NATIONAL
RECREATION AREA.
(a) Within Boundary.--Subject to subsection (c), the
Secretary may acquire land or interests in land within the
boundary of the Recreation Area only by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds;
(3) exchange; or
(4) transfer from another Federal agency.
(b) Outside Boundary.--
(1) In general.--Subject to subsection (c), the Secretary
may acquire, using the methods described in subsection (a),
land or interests in land located outside the boundary of the
Recreation Area, in consultation with the Advisory Commission
as described in section 1099F(b)(2)(B).
(2) Inclusion in recreation area.--On acquisition of land
or an interest in land under paragraph (1), the boundary of
the Recreation Area shall be modified to reflect the
acquisition.
(c) Limitation.--Any land or interest in land owned by a
State or a political subdivision of a State that is within
the boundary of the Recreation Area or described in
subsection (b)(1) may be acquired only by donation.
(d) Condemnation.--No land or interest in land may be
acquired for the Recreation Area by condemnation unless the
owner of the applicable land or interest in land consents to
the condemnation.
(e) Environmental Quality Standards.--Prior to the
acquisition of land or an interest in land under this
section, the Secretary shall ensure that the land or interest
in land meets all applicable environmental quality standards.
(f) Boundary Adjustment.--As the Secretary determines to be
necessary, the Secretary may make minor revisions of the
boundary of the Recreation Area by publishing a revised map
or other boundary description in the Federal Register.
SEC. 1099A. ACQUISITION OF LAND-BASED RESOURCES FOR THE
CHESAPEAKE NATIONAL RECREATION AREA.
(a) In General.--Subject to subsection (b), the Secretary
may acquire land-based resources, including associated docks,
piers, and structures extending into adjacent waters, within
the boundary of the Recreation Area only by--
(1) donation;
(2) purchase from a willing seller with donated or
appropriated funds;
(3) exchange; or
(4) transfer from another Federal agency.
(b) Environmental Quality Standards.--Prior to the
acquisition of a land-based resource under this section, the
Secretary shall ensure that the land-based resource meets all
applicable environmental quality standards.
SEC. 1099B. ADMINISTRATION.
(a) In General.--The Secretary shall administer the
Recreation Area in accordance with--
(1) this section; and
(2) the laws generally applicable to units of the National
Park System, including title 54, United States Code.
(b) Headquarters.--To facilitate coordination of the
Recreation Area with Chesapeake Gateways and the Bay Program,
the headquarters of the Recreation Area shall be located at
the Chesapeake Bay Office of the National Park Service of the
Department of the Interior.
(c) Commercial and Recreational Fishing.--Nothing in this
subtitle impacts or otherwise affects statutory or regulatory
authority with respect to navigation or regulation of
commercial or recreational fishing activities or shellfish
aquaculture in the Chesapeake Bay or tributaries of the
Chesapeake Bay.
(d) State Jurisdiction.--Nothing in this subtitle enlarges
or diminishes the jurisdiction of a State, including the
jurisdiction or authority of a State with respect to fish and
wildlife management.
(e) Coordination.--
(1) In general.--Consistent with the purposes of the
Recreation Area, the Secretary shall seek to coordinate the
programming and management of activities of the Recreation
Area with the goals of Chesapeake Gateways and the Chesapeake
Bay Agreement (as defined in section 117(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1267(a))).
(2) Coordination with national park service sites and
partner sites.--As a component of the management plan
required under section 1099E, the Secretary shall, to the
maximum extent practicable, coordinate the development of an
implementation plan for onsite interpretation of resources
and other means of enhancing public understanding of the Bay
at participating National Park Service sites and partner
sites to tell the story of the outstanding, remarkable, and
nationally significant resources of the Bay.
SEC. 1099C. AGREEMENTS AND MATCHING FUNDS.
(a) Cooperative Agreements.--
(1) In general.--To accomplish the purposes of the
Recreation Area, the Secretary may enter into cooperative
agreements with a State, a political subdivision of a State,
an educational institution, a Tribal government, a nonprofit
organization, or other interested party that contributes to--
(A) the development of the Recreation Area; or
(B) the implementation of the management plan for the
Recreation Area prepared under section 1099E(a).
(2) Matching funds.--
(A) In general.--The Secretary shall require that any
Federal funds made available under an agreement entered into
under paragraph (1) shall be matched on a 1-to-1 basis by
non-Federal funds.
(B) In-kind contribution.--With the approval of the
Secretary, the non-Federal share required under subparagraph
(A) may be in the form of property, goods, or services from a
non-Federal source, fairly valued.
(3) Effect.--Nothing in this subsection affects any
existing cooperative agreement authority applicable to
Chesapeake Gateways.
(b) Partner Site Agreements.--
(1) In general.--The Secretary, under such terms and
conditions as the Secretary considers to be appropriate, may
enter into a partner site agreement with an eligible entity
described in paragraph (2) that owns or manages an eligible
site described in paragraph (3), which shall provide for the
inclusion of the partner site in the Recreation Area.
(2) Description of eligible entity.--An eligible entity
referred to in paragraph (1) is--
(A) a Federal entity;
(B) a State or local government;
(C) a Tribal government;
(D) a private nonprofit organization; or
[[Page S5039]]
(E) a private landowner.
(3) Description of eligible site.--An eligible site
referred to in paragraph (1) is land that the Secretary has
determined--
(A) contains a nationally significant natural,
recreational, historical, or cultural resource;
(B) ensures public access to the applicable resource; and
(C) meaningfully contributes to the purposes of the
Recreation Area.
(4) Criteria for inclusion in the recreation area.--On the
establishment of the Advisory Commission, the Secretary
shall, establish any additional criteria for inclusion of
partner sites in the Recreation Area, taking into
consideration the recommendations of the Advisory Commission
under section 1099F(b)(2).
(5) Cooperative management of partner sites.--Under a
partner site agreement entered into paragraph (1), the
Secretary may acquire from, and provide to, the owner or
manager of the partner site goods and services to be used in
the cooperative management of the applicable partner site.
(6) Prohibition.--The Secretary may not transfer
administrative responsibilities for the Recreation Area to
the owner or operator of a partner site.
(c) Terms and Conditions of Agreements.--Any agreement
entered into under subsection (a) or (b) may include any
terms and conditions that are determined to be necessary by
the Secretary to ensure that--
(1) in the case of an agreement relating to a partner site,
the partner site complies with the terms and conditions of
the applicable agreement;
(2) the Secretary has the right of access at all reasonable
times, and as specified in the applicable agreement, to all
public portions of the properties covered by the agreement or
grant for the purposes of--
(A) conducting visitors through the properties or providing
public recreational access;
(B) interpreting the properties for the public; and
(C) research, inventory, monitoring, and resource
management;
(3) no changes or alterations may be made to any properties
covered by an agreement entered into under subsection (a) or
(b) unless the Secretary and the other party to the agreement
agree to the changes or alterations; and
(4) any conversion, use, or disposal of a project for
purposes contrary to the purposes of this subtitle, as
determined by the Secretary, shall entitle the United States
to reimbursement in an amount equal to the greater of--
(A) the amounts made available to the project by the United
States; and
(B) the portion of the increased value of the project
attributable to the amounts made available under this
subsection, as determined at the time of the conversion or
disposal.
SEC. 1099D. CHESAPEAKE GATEWAYS.
(a) In General.--The Secretary (acting through the
Superintendent of the Chesapeake Bay Office of the National
Park Service) shall administer Chesapeake Gateways in
coordination with the Recreation Area.
(b) Permanent Authorization.--Section 502(c) of the
Chesapeake Bay Initiative Act of 1998 (54 U.S.C. 320101 note;
Public Law 105-312) is amended by striking ``to carry out
this section $3,000,000'' and all that follows through the
period at the end and inserting ``to carry out activities
authorized under this section $6,000,000 for each fiscal
year.''.
(c) Effect.--Nothing in this section or an amendment made
by this section modifies the eligibility criteria developed
under section 502(b)(2) of the Chesapeake Bay Initiative Act
of 1998 (54 U.S.C. 320101 note; Public Law 105-312).
SEC. 1099E. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on
which funds are first made available for the preparation of a
management plan for the Recreation Area, the Secretary, in
consultation with the Chesapeake Executive Council (as
defined in section 117(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1267(a))) and the Advisory Commission,
shall prepare a management plan for the Recreation Area, in
accordance with--
(1) section 1099B(e)(2); and
(2) section 100502 of title 54, United States Code.
(b) Transportation Planning.--
(1) Initial sites.--As soon as practicable after the date
of enactment of this Act, the Secretary, in coordination with
the Secretary of Transportation and State transportation
agencies, shall conduct transportation planning in accordance
with section 100502(3) of title 54, United States Code, with
respect to the initial sites depicted on the Map, to minimize
traffic burden on the surrounding community by--
(A) providing an evaluation of the transportation systems
needs;
(B) using strategies to effectively manage the
transportation system;
(C) subject to section 1099B(c), prioritizing water and
trail access to Recreation Area sites; and
(D) collecting community feedback on traffic.
(2) Future sites.--The Secretary may, in accordance with
paragraph (1), conduct additional transportation planning, as
determined to be necessary by the Secretary, for any future
sites included in the Recreation Area.
(c) Cost Share.--The management plan prepared under
subsection (a) shall address costs to be shared by the
Secretary and partner sites for necessary capital
improvements to, and maintenance and operations of, the
Recreation Area.
(d) Submission to Congress.--On completion of the
management plan under subsection (a), the Secretary shall
submit the management plan to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 1099F. CHESAPEAKE NATIONAL RECREATION AREA ADVISORY
COMMISSION.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory commission, to be known as the ``Chesapeake National
Recreation Area Advisory Commission''.
(b) Duties.--The Advisory Commission shall--
(1) advise the Secretary on the development and
implementation of the management plan required under section
1099E; and
(2) after consultation with the States and other interested
parties, recommend to the Secretary criteria and specific
recommendations on the Bay for--
(A) partner sites; and
(B) properties to be added to the boundary of the
Recreation Area to be managed by the Secretary, including
properties located outside of the existing boundaries of the
Recreation Area.
(c) Applicable Law.--Except as otherwise provided in this
section, the Advisory Commission shall be subject to--
(1) chapter 10 of title 5, United States Code (commonly
referred to as the ``Federal Advisory Committee Act''),
except section 1013(b) of that title; and
(2) all other applicable laws (including regulations).
(d) Membership.--
(1) In general.--The Advisory Commission shall be composed
of 19 members, appointed by the Secretary, of whom--
(A) 9 shall be appointed to represent the State of
Maryland, of whom--
(i) 4 shall have knowledge of environmental, recreational,
cultural or historic resources, environmental justice,
grassroots organizing, education, or interpretation;
(ii) 1 shall represent commercial fishing interests on the
Bay;
(iii) 1 shall represent agricultural interests in the
watershed of the Bay;
(iv) 1 shall be a youth representative;
(v) 1 shall be selected from among individuals recommended
by the Governor of the State of Maryland; and
(vi) 1 shall be a representative of a federally recognized
Indian Tribe or State-recognized Indian Tribe that is
traditionally associated with the Bay;
(B) 9 shall be appointed to represent the Commonwealth of
Virginia, of whom--
(i) 4 shall have knowledge of environmental, recreational,
cultural or historic resources, environmental justice,
grassroots organizing, education, or interpretation;
(ii) 1 shall represent commercial fishing interests on the
Bay;
(iii) 1 shall represent agricultural interests in the
watershed of the Bay;
(iv) 1 shall be a youth representative;
(v) 1 shall be selected from among individuals recommended
by the Governor of the Commonwealth of Virginia; and
(vi) 1 shall be a representative of a federally recognized
Indian Tribe or State-recognized Indian Tribe that is
traditionally associated with the Bay; and
(C) 1 shall be the Executive Director of the Chesapeake Bay
Commission.
(2) Requirement.--In appointing the members described in
subparagraphs (A)(i) and (B)(i) of paragraph (1), the
Secretary shall seek to ensure the broadest practicable
representation of the areas of knowledge described in those
subparagraphs.
(e) Terms.--
(1) In general.--A member of the Advisory Commission shall
be appointed for a term of 3 years.
(2) Succession and reappointment.--On expiration of the
term of a member of the Advisory Commission, the member--
(A) shall continue to serve until a successor is appointed;
and
(B) may be reappointed to serve an additional 3-year term.
(f) Vacancies.--A vacancy on the Advisory Commission shall
be filled in the same manner as the original appointment.
(g) Elected Positions.--
(1) Chairperson.--The Advisory Commission shall have a
Chairperson who shall--
(A) be elected by the Advisory Commission; and
(B) serve for a term of 1 year, unless reelected pursuant
to procedures established by the Advisory Commission under
subsection (h)(1).
(2) Vice chairperson.--The Advisory Commission shall have a
Vice Chairperson who shall--
(A) be elected by the Advisory Commission;
(B) serve for a term of 1 year, unless reelected pursuant
to procedures established by the Advisory Commission under
subsection (h)(1); and
(C) serve as Chairperson in the absence of the Chairperson.
(3) Other positions.--The Advisory Commission may establish
other positions and
[[Page S5040]]
elect members to serve in those positions as the Advisory
Commission determines to be appropriate, subject to
subsection (h).
(h) Procedures.--
(1) In general.--Subject to paragraphs (2) through (6) and
any applicable laws (including regulations), the Advisory
Commission may establish such rules and procedures for
conducting the affairs of the Advisory Commission as the
Advisory Commission determines to be necessary.
(2) Meetings.--The Advisory Commission shall meet at the
call of--
(A) the Chairperson; or
(B) a majority of the appointed members.
(3) Quorum.--A quorum shall consist of not less than 11 of
the members of the Advisory Commission.
(4) Actions of the advisory commission.--Any action of the
Advisory Commission shall require a majority vote of the
members present at any meeting.
(5) Virtual meetings.--
(A) In general.--Meetings of the Advisory Commission may be
conducted virtually, in whole or in part.
(B) Request.--Any member of the Advisory Commission may
request permission from the Chairperson of the Advisory
Commission to participate virtually in--
(i) a meeting; and
(ii) all activities for that meeting.
(6) Elections.--Not less than \3/4\ of the members of the
Advisory Commission must be present, virtually or in-person,
for elections carried out under subsection (g).
(i) Advisory Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Advisory Commission shall
serve without compensation.
(B) Travel expenses.--Members of the Advisory Commission
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of an
agency under subchapter 1 of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of services for, or
the duties of, the Commission.
(2) Staff.--
(A) In general.--The Secretary may provide the Advisory
Commission with any staff or technical assistance that the
Secretary, after consultation with the Advisory Commission,
determines to be appropriate to enable the Advisory
Commission to carry out the duties of the Advisory
Commission.
(B) Detail of employees.--The Secretary may accept the
services of personnel detailed from a State or any political
subdivision of a State.
(j) Termination.--
(1) In general.--Unless extended under paragraph (2), the
Advisory Commission shall terminate on the date that is 10
years after the date of enactment of this Act.
(2) Extension.--
(A) Recommendation.--Not later than 8 years after the date
of enactment of this Act, the Advisory Commission shall make
a recommendation to the Secretary as to whether the Advisory
Commission is still necessary to advise on the development of
the Recreation Area.
(B) Determination.--
(i) In general.--If, based on a recommendation under
subparagraph (A), the Secretary determines that the Advisory
Commission is still necessary, the Secretary may extend the
existence of the Advisory Commission for a period of not more
than 10 years beyond the date described in paragraph (1).
(ii) Timing.--The Secretary shall make a determination to
extend the existence of the Advisory Commission under clause
(i) not later than 180 days before the date described in
paragraph (1).
SEC. 1099G. SAVINGS PROVISION.
Except as provided in section 1098(e), nothing in this
subtitle enlarges or diminishes the authority of any official
at, or transfers the administration or management of, any
National Park Service site or any partner site to the
Recreation Area.
______
SA 2775. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ENHANCING MONITORING AND ENFORCEMENT OF NATIONAL
SECURITY MITIGATION AGREEMENTS ENTERED INTO BY
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
STATES.
(a) Procedures.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Treasury (in
the section referred to as the ``Secretary''), as the
chairperson of the Committee on Foreign Investment in the
United States (in this section referred to as the
``Committee''), shall promulgate procedures for the Committee
with respect to the implementation, monitoring, and
enforcement of national security mitigation agreements and
conditions entered into or imposed by the Committee pursuant
to section 721(l)(3) of the Defense Production Act of 1950
(50 U.S.C. 4565(l)(3)), including with respect to--
(1) a consistent approach to monitoring, evaluating, and
enforcing the implementation of and compliance with such
agreements and conditions;
(2) on-site compliance reviews conducted under such
agreements and conditions; and
(3) the use of third-party auditors and monitors.
(b) Guidance.--Not later than one year after the date of
the enactment of this Act, the Secretary shall publish such
guidance as may be appropriate to clarify expectations with
respect to periodic reporting and the submission of certain
information to the Committee and lead agencies designated
under subsection (k)(5) of section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565) in connection with a
national security mitigation agreement or condition entered
into or imposed pursuant to subsection (l)(3) of that
section.
(c) Centralization of Monitoring and Enforcement
Functions.--Section 721(q)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4565(q)(2)) is amended by inserting before
the period the following: ``, such as monitoring of
agreements and conditions entered into or imposed under
subsection (l) and enforcement of this section.''.
______
SA 2776. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. MANDATORY DECLARATIONS TO COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES OF TRANSACTIONS
RELATING TO CRITICAL INFRASTRUCTURE, CRITICAL
TECHNOLOGIES, AND SENSITIVE PERSONAL DATA.
Section 721(b)(1)(C)(v)(IV)(cc) of the Defense Production
Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended
by striking ``subsection (a)(4)(B)(iii)(II)'' and inserting
``subsection (a)(4)(B)(iii)''.
______
SA 2777. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. REPORT ON WOMEN'S HEALTH RESEARCH BY DEPARTMENT OF
DEFENSE.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the current amount and percentage of funding the
Department Defense dedicates to the study of women's health
and plans to expand those efforts to improve the health of
women members of the Armed Forces.
______
SA 2778. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. REPORT ON INFECTIOUS AGENT BIOMANUFACTURING FOR
PANDEMIC AND MILITARY READINESS.
Not later than 120 days after the date of the enactment of
this Act, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense
committees a report on--
(1) the value of the Department partnering with a nonprofit
to biomanufacture infectious agents and reagents necessary
for warfighter health efforts; and
(2) how best to acquire and manufacture biomaterials to
support the Department's development of medical
countermeasures for biological threats.
______
SA 2779. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
[[Page S5041]]
SEC. 358. PROHIBITION ON OPERATION OF CONNECTED VEHICLES
DESIGNED, DEVELOPED, MANUFACTURED, OR SUPPLIED
BY PERSONS OWNED BY, CONTROLLED BY, OR SUBJECT
TO THE JURISDICTION OF A FOREIGN ENTITY OF
CONCERN ON MILITARY INSTALLATIONS.
(a) In General.--The Secretary of Defense shall prohibit
the operation of any connected vehicle on the list required
under subsection (b) on a military installation.
(b) List Required.--
(1) In general.--The Secretary of Defense shall establish a
list of prohibited connected vehicles that are designed,
developed, manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction of a foreign
entity of concern.
(2) Annual review.--The Secretary shall review the list
required under paragraph (1) not less frequently than once
each year and shall make such additions, subtractions,
supplements, or amendments to the list as the Secretary
determines appropriate.
(c) Definitions.--In this section:
(1) Connected vehicle.--The term ``connected vehicle''--
(A) means an automotive vehicle that integrates onboard
networked hardware with automotive software systems to
communicate via dedicated short-range communication, cellular
telecommunications connectivity, satellite communication, or
other wireless spectrum connectivity with any other network
or device; and
(B) includes automotive vehicles, whether personal or
commercial, capable of--
(i) global navigation satellite system communication for
geolocation;
(ii) communication with intelligent transportation systems;
(iii) remote access or control;
(iv) wireless software or firmware updates; or
(v) on-device roadside assistance.
(2) Foreign entity of concern.--The term ``foreign entity
of concern'' has the meaning given that term in section 9901
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
(3) Military installation.--The term ``military
installation'' has the meaning given that term in section
2801(4) of title 10, United States Code.
______
SA 2780. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. REPORT ON BIOLOGIC VASCULAR REPAIR.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the status of developing and integrating innovative
biologic vascular repair solutions as standard protocol in
military trauma care, including field-testing and assessment
of long-term benefits and performance of biologic solutions.
______
SA 2781. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title IX, add the following:
SEC. 925. IMPLEMENTATION OF DEPARTMENT OF DEFENSE MANUAL
8140.03.
(a) In General.--The Secretary of Defense shall implement
the requirements set forth in Department of Defense Manual
8140.03 (relating to the Cyberspace Workforce Qualification
and Management Program) throughout the components of the
Department of Defense.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report that provides--
(1) the status of each component of the Department of
Defense with respect to implementation of the requirements of
Department of Defense Manual 8140.03; and
(2) recommendations to facilitate exchange among the
components of the Department of Defense on effective best
practices for implementing the requirements.
______
SA 2782. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. DESIGNATION OF GLENN RESEARCH CENTER AS UNITED
STATES GOVERNMENT LEAD IN FISSION SURFACE
POWER.
For the purpose of enhancing developmental efficiencies
relating to fission surface power across Federal agencies,
including the National Aeronautics and Space Administration,
the Department of Defense, the Department of Commerce, and
the Department of Energy, the Glenn Research Center of the
National Aeronautics and Space Administration--
(1) is designated as the United States Government lead for
fission surface power; and
(2) shall be tasked with the national security goal of
developing and preparing fission surface power for
terrestrial deployment and deployment in space systems by
2027.
______
SA 2783. Mr. BROWN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PREVENTING FIRST RESPONDER SECONDARY EXPOSURE TO
FENTANYL.
Section 3021(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10701(a)) is amended--
(1) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Providing training and resources for first responders
on the use of containment devices to prevent secondary
exposure to fentanyl and other potentially lethal substances,
and purchasing such containment devices for use by first
responders.''.
______
SA 2784. Mr. BROWN (for himself and Mr. Vance) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2857. PILOT PROGRAM ON SHORT TERM ACQUISITION OF SECURE
SPACE FOR EXIGENT CIRCUMSTANCES FOR DEFENSE
ACQUISITION MISSIONS.
(a) Pilot Program Authorized.--The Secretary of Defense may
carry out a pilot program to assess the feasibility and
advisability of using the leasing authority described in
subsection (b) to assist the military departments in securing
modern, flexible, and accessible facilities.
(b) Leasing Authority.--
(1) In general.--The Secretary of a military department may
enter into full-service leases to address exigent
circumstances, as specified under subsection (e)(2), of the
principal acquisition organizations of the Department of
Defense.
(2) Limitations.--The Secretary concerned may exercise the
leasing authority under paragraph (1) on the following
conditions:
(A) No more than 5 leases under this section for each
military department may be in effect at any given time.
(B) The duration of any such lease may not exceed 5 years.
(C) The premises being leased by the Secretary concerned
may not exceed 100,000 square feet of usable space.
(3) Delegation.--The Secretary concerned may delegate the
leasing authority under paragraph (1) to a commander or an
equivalent commanding officer at a principal acquisition
organization of the Department of Defense.
(c) Procedures.--The Secretary concerned--
(1) shall establish procedures to limit lease payments to
not more than the fair market value of the lease; and
(2) in exigent circumstances, as determined by the
Secretary concerned, may utilize other than competitive
procedures to adequately protect the interests of the United
States.
(d) Source Funds.--The Secretary concerned, in using the
authority under this section, may spend amounts available to
the Secretary concerned for operation and maintenance,
research, development, test, and evaluation, or procurement.
(e) Report.--Not later than 30 days after the date of
execution of a lease under this section, the Secretary
concerned shall submit to the congressional defense
committees a report that includes--
(1) the details of the lease, including--
(A) the location;
(B) the size of the premises;
(C) the duration of the lease;
(D) the annual cost; and
(E) the total cost; and
[[Page S5042]]
(2) a description of the exigent circumstances of the
principal acquisition organizations of the Department of
Defense that warrant the exercise of leasing authority under
subsection (b)(1).
(f) Termination.--
(1) In general.--The authority to enter into a lease under
this section shall terminate on October 1, 2030.
(2) Effect of termination of authority.--The termination of
authority under paragraph (1) will not affect leases enter
into before the termination date.
(g) Principal Acquisition Organizations of the Department
of Defense Defined.--In this section, the term ``principal
acquisition organization of the Department of Defense''
means--
(1) the Air Force Life Cycle Management Center;
(2) the United States Army Contracting Command;
(3) the Naval Air Systems Command;
(4) the Naval Information Warfare Center; or
(5) the Naval Surface Warfare Center.
______
SA 2785. Mr. BROWN (for himself and Mr. Vance) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the
following:
SEC. 2816. MODIFICATION OF COST THRESHOLDS FOR UNSPECIFIED
MINOR MILITARY CONSTRUCTION FOR LABORATORY
REVITALIZATION PROJECTS.
Section 2805(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$9,000,000'' and
inserting ``$12,000,000''; and
(B) in subparagraph (B), by striking ``$9,000,000'' and
inserting ``$12,000,000''; and
(2) in paragraph (2), by striking ``$9,000,000'' and
inserting ``$12,000,000''.
______
SA 2786. Mr. BROWN (for himself and Mr. Vance) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. USE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE
DEFENSE RESEARCH AND EDUCATION.
(a) In General.--Chapter 303 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4128. Use of partnership intermediaries to promote
defense research and education.
``(a) In General.--Subject to the approval of the Secretary
of Defense or the head of another department or agency of the
Federal Government concerned, the head of a Federal
laboratory or research center may--
``(1) enter into a contract, memorandum of understanding,
or other transaction with a partnership intermediary that
provides for the partnership intermediary to perform services
for the Department of Defense that increase the likelihood of
success in the conduct of cooperative or joint activities of
the laboratory or center with industry or academic
institutions; and
``(2) pay the Federal costs of such contract, memorandum or
understanding, or other transaction out of funds made
available for the support of the technology transfer function
of the laboratory or center.
``(b) Definitions.--In this section:
``(1) Term `Federal laboratory or research center' means--
``(A) a Federal laboratory; or
``(B) a federally funded research and development center
that is not a laboratory.
``(2) The term `laboratory' has the meaning given that term
in section 12(d)(2) the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)).
``(3) The term `partnership intermediary' means an agency
of a State or local government, or a nonprofit entity that--
``(A) assists, counsels, advises, evaluates, or otherwise
cooperates with industry or academic institutions that need
or can make demonstrably productive use of technology-related
assistance from a Federal laboratory or research center;
``(B) facilitates technology transfer or transition from
industry or academic institutions to a Federal laboratory or
research center;
``(C) assists and facilitates workforce development in
critical technology areas for prototyping or technology
transition activities to fulfill unmet needs of a Federal
laboratory or research center; or
``(D) assists and facilitates improvements to intellectual
property owned by the Federal laboratory or research center,
such as improvements to the quality, value, flexibility,
utility, or complexity of such intellectual property.''.
(b) Conforming Amendments.--Section 4124 of title 10,
United States Code, is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
______
SA 2787. Mr. BROWN (for himself and Mr. Vance) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. ADDITIONAL AMOUNT FOR DEFENSE HEALTH PROGRAM FOR
EDUCATION AND TRAINING.
(a) Increase.--The amount authorized to be appropriated by
this Act for the Defense Health Program for education and
training is hereby increased by $25,000,000, with the amount
of such increase to be used to enhance existing civilian-
military partnerships for surge capacity and interoperability
necessary to provide a system of care within the continental
United States for casualties resulting from large-scale
combat operations.
(b) Offset.--The amount authorized to be appropriated by
this Act for base operations and communication is hereby
decreased by $25,000,000.
______
SA 2788. Mr. MANCHIN (for himself, Mr. Barrasso, Mr. Risch, and Ms.
Hirono) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. FEDERAL PROGRAMS AND SERVICES AGREEMENT WITH THE
GOVERNMENT OF THE REPUBLIC OF PALAU.
During the period beginning on October 1, 2024, and ending
on the date on which a new Federal programs and services
agreement with the Government of the Republic of Palau enters
into force, any activities described in sections 132 and
221(a) of the Compact of Free Association between the
Government of the United States of America and the Government
of the Republic of Palau set forth in section 201 of Public
Law 99-658 (48 U.S.C. 1931 note) shall, with the mutual
consent of the Government of the Republic of Palau, continue
in the manner authorized and required for fiscal year 2024
under the amended agreements described in subsections (b) and
(f) of section 462 of that Compact.
______
SA 2789. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 324. PUBLIC AVAILABILITY OF CERTAIN INFORMATION RELATING
TO DEPARTMENT OF DEFENSE PFAS CLEANUP
ACTIVITIES.
(a) In General.--The Secretary of Defense shall make
publicly available on the website required under section
331(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note) timely and
regularly updated information on the status and schedule of
the cleanup activities at sites where the Secretary has
obligated amounts for environmental restoration activities to
address the release of perfluoroalkyl and polyfluoroalkyl
substances (in this section referred to as ``PFAS'').
(b) Specific Information.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
ensure that the following information is available on the
website specified in subsection (a) for each site described
in such subsection:
(1) A schedule of future off-base drinking water sampling
efforts and results of off-base drinking water sampling for
PFAS.
(2) The number of off-site private drinking water wells in
which the Secretary has detected PFAS attributable to
activities of the Department of Defense that is more than a
Federal drinking water standard.
(3) A description of measures undertaken or planned to
mitigate the migration of PFAS-affected groundwater from the
site at levels that are more than Federal drinking water
standards, including a schedule for the implementation of
such measures.
(4) The number of off-site private drinking water wells for
which alternative drinking
[[Page S5043]]
water or treatment has been provided to prevent the
consumption of PFAS-affected water at levels that are more
than Federal drinking water standards.
(5) The location of or link to the administrative record
and any site-related environmental restoration documents of
the site, including work plans, environmental reports,
regulator comments, decision documents, and public comments.
(6) The location of the restoration advisory board document
repository for the site or a link to the community outreach
website of the restoration advisory board where documents
such as public comments and records of community engagement
meetings and briefings are available.
(7) An estimate of the cost to complete and schedule of the
remediation of PFAS at the site.
______
SA 2790. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 324. EXPEDITED ACTION TO ADDRESS THE MIGRATION OF
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
FROM DEPARTMENT OF DEFENSE INSTALLATIONS AND
NATIONAL GUARD FACILITIES.
(a) In General.--The Secretary of Defense shall expedite
the implementation of early actions to mitigate the migration
of groundwater contaminated by perfluoroalkyl and
polyfluoroalkyl substances (in this section referred to as
``PFAS'') from a source located on a military installation to
protect or minimize the effects on groundwater, surface
water, underground sources of drinking water, and sediment.
(b) Evaluation and Assessment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall complete an evaluation and assessment of all covered
facilities where a release, or a threat of a release, of PFAS
has occurred that is subject to a response action under the
Defense Environmental Restoration Program under section 2701
of title 10, United States Code, to--
(1) identify potential early actions that may be
implemented at such facilities to prevent or remediate the
release or threatened release of PFAS;
(2) identify such facilities at which an underground source
of drinking water is, or may be, contaminated by a release,
or the threat of a release, of PFAS; and
(3) prioritize facilities for the implementation of early
actions or other actions to prevent or reduce risks to human
health and the environment.
(c) Public Participation.--The Secretary shall make the
results of an evaluation and assessment for a covered
facility conducted under subsection (b) available to
communities and individuals affected by a release, or the
threat of a release, of PFAS at the covered facility.
(d) Report.--For each covered facility for which an
evaluation and assessment is required under subsection (b),
not later than 270 days after the date of the enactment of
this Act, the Secretary shall make publicly available on an
appropriate website of the Department of Defense--
(1) a description of early actions identified by the
evaluation and assessment;
(2) a description of interim remedies or other early
actions that have been implemented;
(3) a list of facilities at which the migration of
contaminated ground water is not under control or for which
data are insufficient to determine whether contaminated
ground water migration is controlled; and
(4) a schedule for the implementation of interim remedies
or other early actions.
(e) Provision of Alternative Water to Protect Public
Health.--
(1) Notice; provision of water.--Not later than 60 days
after the discovery of the release, or the threat of release,
of PFAS from a covered facility into an underground source of
drinking water, the Secretary shall--
(A) provide notice pursuant to section 2705 of title 10,
United States Code, to the regional offices of the
Environmental Protection Agency and appropriate State,
tribal, and local authorities;
(B) identify private and public water wells with a
concentration of a PFAS chemical that exceeds the maximum
contaminant level established pursuant to the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); and
(C) provide alternative water to households and communities
served by wells identified pursuant to paragraph (2)(B)(ii)
as expeditiously as possible, but in no case more than 30
days after the notice is required under paragraph (1).
(2) Requirements of notice.--A notice provided under this
subsection shall--
(A) be made available to the public and provided to
communities and households served by private and public wells
identified under paragraph (1)(B); and
(B) include--
(i) an identification of any private or public water well
that is affected by a release, or the threat of a release, of
PFAS from the covered facility;
(ii) an identification of any private or public water well
with a concentration of a PFAS chemical that exceeds the
maximum contaminant level established pursuant to the Safe
Drinking Water Act (42 U.S.C. 300f et seq.); and
(iii) a plan and schedule for the provision of safe
alternative water for households and communities served by
water wells identified under clause (ii).
(f) Emergency Authority.--The Secretary shall expedite the
provision of alternative water to avoid, mitigate, or
eliminate an imminent and substantial endangerment to the
health of persons presented by a release or threatened
release of a pollutant or contaminant from an on-base source,
including the use of emergency authorities for approval of
contracting services and the commitment of funds.
(g) Definitions.--In this section:
(1) Covered facility.--The term ``covered facility''
means--
(A) a military installation, as defined in section
2801(c)(4) of title 10, United States Code;
(B) a formerly used defense site; or
(C) a National Guard facility, as defined in section
2700(4) of title 10, United States Code.
(2) Formerly used defense site.--The term ``formerly used
defense site'' means any site formerly used by the Department
of Defense or the National Guard eligible for environmental
restoration by the Secretary of Defense funded under the
``Environmental Restoration Account, Formerly Used Defense
Sites'' account established under section 2703(a)(5) of title
10, United States Code.
(3) Underground source of drinking water.--The term
``underground source of drinking water'' has the meaning
given such term in section 144.3 of title 40, Code of Federal
Regulations, or any successor regulation.
______
SA 2791. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2857. POLICY OF DEPARTMENT OF DEFENSE RELATING TO
CERTAIN CONSTRUCTION MATERIALS MADE IN THE
UNITED STATES.
The Secretary of Defense shall issue a policy to require
that when considering an offer for a contract for work on a
military construction project in the United States, including
for construction on barracks, family housing, or any other
facility on an installation of the Department of Defense,
each Secretary of a military department shall consider
collated steel fasteners, including collated steel nails and
staples, that are manufactured in the United States for all
wood on wood construction projects.
______
SA 2792. Mr. BROWN (for himself and Mr. Rubio) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. NASA PUBLIC-PRIVATE TALENT PROGRAM.
Section 20113 of title 51, United States Code, is amended
by adding at the end the following new subsection:
``(n) Public-Private Talent Program.--
``(1) Assignment authority.--Under policies and procedures
prescribed by the Administration, the Administrator may, with
the agreement of a private sector entity and the consent of
an employee of the Administration or of such entity, arrange
for the temporary assignment of such employee of the
Administration to such private sector entity, or of such
employee of such entity to the Administration, as the case
may be.
``(2) Agreements.--
``(A) In general.--The Administrator shall provide for a
written agreement among the Administration, the private
sector entity, and the employee concerned regarding the terms
and conditions of the employee's assignment under this
subsection. The agreement shall--
``(i) require that the employee of the Administration, upon
completion of the assignment, will serve in the
Administration, or elsewhere in the civil service if approved
by the Administrator, for a period equal to twice the length
of the assignment;
``(ii) provide that if the employee of the Administration
or of the private sector entity (as the case may be) fails to
carry out the agreement, such employee shall be liable to the
United States for payment of all expenses of the assignment,
unless such failure was for good and sufficient reason, as
determined by the Administrator; and
[[Page S5044]]
``(iii) contain language ensuring that such employee of the
Administration or of the private sector entity (as the case
may be) does not improperly use predecisional or draft
deliberative information that such employee may be privy to
or aware of related to Administration programing, budgeting,
resourcing, acquisition, or procurement for the benefit or
advantage of the private sector entity.
``(B) Treatment.--An amount for which an employee is liable
under subparagraph (A) shall be treated as a debt due the
United States.
``(C) Waiver.--The Administrator may waive, in whole or in
part, collection of a debt described in subparagraph (B)
based on a determination that the collection would be against
equity and good conscience and not in the best interests of
the United States, after taking into account any indication
of fraud, misrepresentation, fault, or lack of good faith on
the part of the employee concerned.
``(3) Termination.--An assignment under this section may,
at any time and for any reason, be terminated by the
Administration or the private-sector entity concerned, as the
case may be.
``(4) Duration.--
``(A) In general.--An assignment under this subsection
shall be for a period of not less than three months and not
more than two years, renewable up to a total of three years.
An employee of the Administration may not be assigned under
this subsection for more than a total of three years
inclusive of all such assignments.
``(B) Extension.--An assignment under this subsection may
be for a period in excess of two years, but not more than
three years, if the Administrator determines that such
assignment is necessary to meet critical mission or program
requirements.
``(5) Policies and procedures.--
``(A) In general.--The Administrator shall establish
policies and procedures relating to assignments under this
subsection.
``(B) Elements.--Policies and procedures established
pursuant to subparagraph (A) shall address the following:
``(i) The nature and elements of written agreements with
participants in assignments under this subsection.
``(ii) Criteria for making such assignments, including the
needs of the Administration relating thereto.
``(iii) How the Administration will oversee such
assignments, in particular with respect to paragraphs
(2)(A)(iii), (7)(C), and (7)(D).
``(iv) Criteria for issuing waivers.
``(v) How expenses under paragraph (2)(A)(ii) would be
determined.
``(vi) Guidance for participants in such assignments.
``(vii) Mission Directorate, Office, and organizational
structure to implement and manage such assignments.
``(viii) Any other necessary policies, procedures, or
guidelines to ensure such assignments comply with all
relevant statutory authorities and ethics rules, and
effectively contribute to one or more of the Administration's
missions.
``(C) Inherently governmental activities.--Assignments made
under this subsection shall not have responsibilities or
perform duties or decision making regarding Administration
activities that are inherently governmental, pursuant to
subpart 7.500 of title 48, Code of Federal Regulations, and
Office of Management and Budget review.
``(6) Status of federal employees assigned to private
sector entities.--
``(A) In general.--An employee of the Administration who is
assigned to a private sector entity under this subsection
shall be considered, during the period of such assignment, to
be on detail to a regular work assignment in the
Administration for all purposes. The written agreement
established under paragraph (2)(A) shall address the specific
terms and conditions related to such employee's continued
status as a Federal employee.
``(B) Certification.--In establishing a temporary
assignment of an employee of the Administration to a private
sector entity, the Administrator shall certify that such
temporary assignment shall not have an adverse or negative
impact on the mission of the Administration or organizational
capabilities associated with such assignment.
``(7) Terms and conditions for private sector employees.--
An employee of a private sector entity who is assigned to the
Administration under this subsection--
``(A) shall continue to receive pay and benefits from the
private sector entity from which such employee is assigned
and shall not receive pay or benefits from the
Administration, except as provided in subparagraph (B);
``(B) is deemed to be an employee of the Administration for
the purposes of--
``(i) chapters 73 and 81 of title 5;
``(ii) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18, except that such
section 209 does not apply to any salary, or contribution or
supplementation of salary made pursuant to subparagraph (A)
of this paragraph;
``(iii) sections 1343, 1344, and 1349(b) of title 31;
``(iv) the Federal Tort Claims Act and any other Federal
tort liability statute;
``(v) the Ethics in Government Act of 1978; and
``(vi) chapter 21 of title 41;
``(C) shall not have access to any trade secrets or any
other nonpublic information which is of commercial value to
the private sector entity from which such employee is
assigned;
``(D) may not perform work that is considered inherently
governmental in nature, in accordance with paragraph (5)(C);
and
``(E) may not be used to circumvent--
``(i) section 1710 of title 41, United States Code; or
``(ii) any limitation or restriction on the size of the
Administration's civil servant workforce.
``(8) Additional requirements.--The Administrator shall
ensure that--
``(A) the normal duties and functions of an employee of the
Administration who is assigned to a private sector entity
under this subsection can be reasonably performed by other
employees of the Administration without the permanent
transfer or reassignment of other personnel of the
Administration;
``(B) normal duties and functions of such other employees
of the Administration are not, as a result of and during the
course of such temporary assignment, performed or augmented
by contractor personnel in violation of section 1710 of title
41; and
``(C) not more than two percent of the Administration's
civil servant workforce may participate in an assignment
under this subsection at the same time.
``(9) Conflicts of interest.--The Administrator shall
implement a system to identify, mitigate, and manage any
conflicts of interests that may arise as a result of an
employee's assignment under this subsection.
``(10) Prohibition against charging certain costs to the
federal government.--A private-sector entity may not charge
the Administration or any other agency of the Federal
Government, as direct or indirect costs under a Federal
contract, the costs of pay or benefits paid by the entity to
an employee assigned to the Administration under this
subsection for the period of the assignment concerned.
``(11) Considerations.--In carrying out this subsection,
the Administrator shall take into consideration--
``(A) the question of how assignments under this subsection
might best be used to help meet the needs of the
Administration with respect to the training of employees; and
``(B) where applicable, areas of particular private sector
expertise, such as cybersecurity.
``(12) NASA reporting.--
``(A) In general.--Not later than April 30 of each year,
the Administrator shall submit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report summarizing the implementation of this
subsection.
``(B) Contents.--Each report under subparagraph (A) shall
include, with respect to the annual period to which such
report relates, the following:
``(i) Information relating to the total number of employees
of private sector entities assigned to the Administration,
and the total number of employees of the Administration
assigned to private sector entities.
``(ii) A brief description and assessment of the talent
management benefits evidenced from such assignments, as well
as any identified strategic human capital and operational
challenges, including the following:
``(I) An identification of the names of the private sector
entities to and from which employees were assigned.
``(II) A complete listing of positions such employees were
assigned to and from.
``(III) An identification of assigned roles and objectives
of such assignments.
``(IV) Information relating to the durations of such
assignments.
``(V) Information relating to associated pay grades and
levels.
``(iii) An assessment of impacts of such assignments on the
Administration workforce and workforce culture.
``(iv) An identification of the number of Administration
staff and budgetary resources required to implement this
subsection.
``(13) Federal ethics.--Nothing in this subsection shall
affect existing Federal ethics rules applicable to Federal
personnel.
``(14) GAO reporting.--
``(A) In general.--Not later than three years after the
date of the enactment of this subsection, the Comptroller
General of the United States shall submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the
implementation of this subsection.
``(B) Contents.--The report under subparagraph (A) shall
include the following:
``(i) A review of the implementation of this subsection,
according to law and the Administration policies and
procedures established for assignments under this subsection.
``(ii) Information relating to the extent to which such
assignments adhere to best practices relating to public-
private talent exchange programs.
``(iii) A determination as to whether there should be
limitations on the number of individuals participating in
such assignments.
``(iv) Information relating to the extent to which the
Administration complies with statutory requirements and
ethics rules, and appropriately handles potential conflicts
of interest and access to nonpublic information with respect
to such assignments.
[[Page S5045]]
``(v) Information relating to the extent to which such
assignments effectively contribute to one or more of the
Administration's missions.
``(vi) Information relating to Administration resources,
including employee time, dedicated to administering such
assignments, and whether such resources are sufficient for
such administration.''.
______
SA 2793. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. PROHIBITION ON OPERATION, PROCUREMENT, AND
CONTRACTING RELATED TO FOREIGN-MADE LIGHT
DETECTION AND RANGING TECHNOLOGY.
(a) Prohibition on Agency Operation or Procurement.--The
Secretary of Defense shall not operate or enter into or renew
a contract for the procurement of--
(1) a covered light detection and ranging technology
(referred to in this section as ``LiDAR technology'') that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(B) uses operating software developed in a covered foreign
country or by an entity domiciled in a covered foreign
country; or
(C) uses network connectivity or data storage located in or
administered by an entity domiciled in a covered foreign
country; or
(2) a system or systems that incorporates, interfaces with,
or otherwise uses LiDAR technology as described in paragraph
(1).
(b) Exemption.--The prohibition under subsection (a) shall
not apply if the operation, procurement, or contracting
action is for the purposes of intelligence, electronic
warfare, and information warfare operations, testing,
analysis, and training.
(c) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (a) on a case-by-case basis if
the Secretary certifies, in writing, to the congressional
defense committees that the operation, procurement, or
contracting action is required in the national interest of
the United States.
(d) Effective Date.--The prohibition under subsection (a)
shall take effect on June 30, 2026.
(e) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given
the term in section 101(a) of title 10, United States Code.
(2) Covered foreign country.--The term ``covered foreign
country'' means any of the following:
(A) The People's Republic of China.
(B) The Islamic Republic of Iran.
(C) The Democratic People's Republic of North Korea.
(D) The Russian Federation.
(3) Covered lidar company.--The term ``covered LiDAR
company'' means any of the following:
(A) Hesai Technology (or any subsidiary or affiliate of
Hesai Technology).
(B) Any entity that produces or provides LiDAR and that is
included on--
(i) the Consolidated Screening List maintained by the
International Trade Administration of the Department of
Commerce; or
(ii) the civil-military fusion list maintained under
section 1260h of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 113 note).
(C) Any entity that produces or provides LiDAR and that--
(i) is domiciled in a covered foreign country; or
(ii) is subject to unmitigated foreign ownership, control,
or influence by a covered foreign country, as determined by
the Secretary of Defense, in accordance with the National
Industrial Security Program or any successor to such program.
(4) Covered lidar technology.--The term ``covered LiDAR
technology'' means LiDAR technology and any related services
and equipment manufactured by a covered LiDAR company.
(5) Light detection and ranging and lidar.--The terms
``light detection and ranging'' and ``LiDAR'' mean a sensor
that emits light, often in the form of a pulsed or modulated
laser, and scans or flashes the environment to detect and
measure the range of its surroundings.
______
SA 2794. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. BRIEFING ON OPPORTUNITIES TO ADVANCE EDUCATIONAL
PARTNERSHIPS BETWEEN AIR FORCE INSTITUTE OF
TECHNOLOGY AND NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION.
(a) In General.--Not later than July 30, 2025, the
Secretary of the Air Force, in coordination with the
Administrator of the National Aeronautics and Space
Administration, shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on a path forward to increase opportunities to
advance educational partnerships between the Air Force
Institute of Technology and the National Aeronautics and
Space Administration.
(b) Element.--The briefing required by subsection (a) shall
include specific recommendations for the Air Force Institute
of Technology and the National Aeronautics and Space
Administration to establish more formal relations that will
lead to more National Aeronautics and Space Administration
employees enrolling in Air Force Institute of Technology
course offerings and add synergist gains in cross-over work
projects.
______
SA 2795. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--POWER Act
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Providing Officers With
Electronic Resources Act'' or the ``POWER Act''.
SEC. 1092. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) chemical screening devices enhance the ability of law
enforcement agencies to identify unknown chemical substances
seized or otherwise encountered by law enforcement officers;
and
(2) equipping law enforcement agencies with technology that
can more efficiently identify substances, such as heroin,
fentanyl, methamphetamine, and other narcotics, will ensure
that law enforcement agencies can--
(A) investigate cases more quickly and safely;
(B) better deploy resources and strategies to prevent
illegal substances from entering and harming communities
throughout the United States; and
(C) share spectral data with other law enforcement agencies
and State and local fusion centers.
(b) Purpose.--The purpose of this subtitle is to provide
grants to State, local, territorial, and Tribal law
enforcement agencies to purchase chemical screening devices
and train personnel to use chemical screening devices in
order to--
(1) enhance law enforcement efficiency; and
(2) protect law enforcement officers.
SEC. 1093. DEFINITIONS.
In this subtitle:
(1) Applicant.--The term ``applicant'' means a law
enforcement agency that applies for a grant under section
1094.
(2) Attorney general.--The term ``Attorney General'' means
the Attorney General, acting through the Director of the
Office of Community Oriented Policing Services.
(3) Chemical screening device.--The term ``chemical
screening device'' means an infrared spectrophotometer, mass
spectrometer, nuclear magnetic resonance spectrometer, Raman
spectrophotometer, ion mobility spectrometer, or any other
scientific instrumentation that is able to collect data that
can be interpreted to determine the presence and identity of
a covered substance.
(4) Chief law enforcement officer.--The term ``chief law
enforcement officer'' has the meaning given the term in
section 922(s) of title 18, United States Code.
(5) Covered substance.--The term ``covered substance''
means--
(A) fentanyl;
(B) any other synthetic opioid; and
(C) any other narcotic or psychoactive substance.
(6) Grant funds.--The term ``grant funds'' means funds from
a grant awarded under section 1094.
(7) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Law enforcement agency.--The term ``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.
(9) Personnel.--The term ``personnel''--
(A) means employees of a law enforcement agency; and
(B) includes scientists and law enforcement officers.
(10) Recipient.--The term ``recipient'' means an applicant
that receives a grant under section 1094.
(11) State.--The term ``State'' has the meaning given the
term in section 901 of
[[Page S5046]]
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
SEC. 1094. GRANTS.
(a) Grants Authorized.--The Attorney General may award
grants to applicants to--
(1) purchase a chemical screening device; and
(2) train personnel to use, and interpret data collected
by, a chemical screening device.
(b) Applications.--
(1) In general.--The chief law enforcement officer of an
applicant shall submit to the Attorney General an application
that--
(A) shall include--
(i) a statement describing the need for a chemical
screening device in the jurisdiction of the applicant; and
(ii) a certification--
(I) of the number of chemical screening devices the
applicant owns or possesses;
(II) that not less than 1 employee of the applicant will be
trained to--
(aa) use any chemical screening device purchased using
grant funds; and
(bb) interpret data collected by any chemical screening
device purchased using grant funds; and
(III) that the applicant will make any chemical screening
device purchased using grant funds reasonably available to
test a covered substance seized by a law enforcement agency
near the jurisdiction of the applicant; and
(B) in addition to the information required under
subparagraph (A), may, at the option of the applicant,
include--
(i) information relating to--
(I) the process used by the applicant to identify a covered
substance seized by the applicant, including--
(aa) the approximate average amount of time required for
the applicant to identify a covered substance; and
(bb) as of the date of the application, the number of cases
in which the applicant is awaiting identification of a
covered substance;
(II) any documented case of a law enforcement officer,
first responder, or treating medical personnel in the
jurisdiction of the applicant who has suffered an accidental
drug overdose caused by exposure to a covered substance while
in the line of duty;
(III) any chemical screening device the applicant will
purchase using grant funds, including the estimated cost of
the chemical screening device; and
(IV) any estimated costs relating to training personnel of
the applicant to use a chemical screening device purchased
using grant funds; and
(ii) data relating to--
(I) the approximate amount of covered substances seized by
the applicant during the 2-year period ending on the date of
the application, categorized by the type of covered substance
seized; and
(II) the approximate number of covered substance overdoses
in the jurisdiction of the applicant that the applicant
investigated or responded to during the 2-year period ending
on the date of the application, categorized by fatal and
nonfatal overdoses.
(2) Joint applications.--
(A) In general.--Two or more law enforcement agencies,
including law enforcement agencies located in different
States, that have jurisdiction over areas that are
geographically contiguous may submit a joint application for
a grant under this section that includes--
(i) for each law enforcement agency--
(I) all information required under paragraph (1)(A); and
(II) any optional information described in paragraph (1)(B)
that each law enforcement agency chooses to include;
(ii) a plan for the sharing of any chemical screening
devices purchased or training provided using grant funds; and
(iii) a certification that not less than 1 employee of each
law enforcement agency will be trained to--
(I) use any chemical screening device purchased using grant
funds; and
(II) interpret data collected by any chemical screening
device purchased using grant funds.
(B) Submission.--Law enforcement agencies submitting a
joint application under subparagraph (A) shall--
(i) be considered as 1 applicant; and
(ii) select the chief law enforcement officer of 1 of the
law enforcement agencies to submit the joint application.
(c) Restrictions.--
(1) Supplemental funds.--Grant funds shall be used to
supplement, and not supplant, State, local, and Tribal funds
made available to any applicant for any of the purposes
described in subsection (a).
(2) Administrative costs.--Not more than 3 percent of any
grant awarded under this section may be used for
administrative costs.
(d) Reports and Records.--
(1) Reports.--For each year during which grant funds are
used, the recipient shall submit to the Attorney General a
report containing--
(A) a summary of any activity carried out using grant
funds;
(B) an assessment of whether each activity described in
subparagraph (A) is meeting the need described in subsection
(b)(1)(A)(i) that the applicant identified in the application
submitted under subsection (b); and
(C) any other information relevant to the purpose of this
subtitle that the Attorney General may determine appropriate.
(2) Records.--For the purpose of an audit by the Attorney
General of the receipt and use of grant funds, a recipient
shall--
(A) keep--
(i) any record relating to the receipt and use of grant
funds; and
(ii) any other record as the Attorney General may require;
and
(B) make the records described in subparagraph (A)
available to the Attorney General upon request by the
Attorney General.
SEC. 1095. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Attorney
General $20,000,000 for fiscal year 2025 to carry out section
1094.
______
SA 2796. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, the following:
SEC. 855. REPORT ON DOMESTIC SHORTFALLS OF INDUSTRIAL
RESOURCES, MATERIALS, AND CRITICAL TECHNOLOGY
ITEMS ESSENTIAL TO THE NATIONAL DEFENSE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives a report that--
(1) identifies current or projected domestic shortfalls of
industrial resources, materials, or critical technology items
essential to the national defense;
(2) assesses strategic and critical materials for which the
United States relies on the People's Republic of China as the
sole or primary source; and
(3) includes recommendations relating to the use of
authorities under the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) to make investments to reduce the
reliance of the United States on the People's Republic of
China for strategic and critical materials.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(c) Definitions.--In this section, the terms ``critical
technology item'', ``industrial resources'', ``materials'',
and ``national defense'' have the meanings given those terms
in section 702 of the Defense Production Act of 1950 (50
U.S.C. 4552).
______
SA 2797. Mr. ROUNDS (for himself, Ms. Klobuchar, Mr. Moran, Mr.
Blumenthal, and Mr. Coons) submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. RECORDS PRESERVATION PROCESSES FOR CERTAIN AT-RISK
AFGHAN ALLIES.
(a) Definition of Afghan Ally.--In this section and only
for the purpose of the Department of Defense records
preservation processes established by this section, the term
``Afghan ally'' means an alien who is a citizen or national
of Afghanistan, or in the case of an alien having no
nationality, an alien who last habitually resided in
Afghanistan, who--
(1) was--
(A) a member of--
(i) the special operations forces of the Afghanistan
National Defense and Security Forces;
(ii) the Afghanistan National Army Special Operations
Command;
(iii) the Afghan Air Force; or
(iv) the Special Mission Wing of Afghanistan;
(B) a female member of any other entity of the Afghanistan
National Defense and Security Forces, including--
(i) a cadet or instructor at the Afghanistan National
Defense University; and
(ii) a civilian employee of the Ministry of Defense or the
Ministry of Interior Affairs;
(C) an individual associated with former Afghan military
and police human intelligence activities, including operators
and Department of Defense sources;
(D) an individual associated with former Afghan military
counterintelligence, counterterrorism, or counternarcotics;
(E) an individual associated with the former Afghan
Ministry of Defense, Ministry of Interior Affairs, or court
system, and who was involved in the investigation,
prosecution or detention of combatants or members of the
Taliban or criminal networks affiliated with the Taliban;
(F) an individual employed in the former justice sector in
Afghanistan as a judge, prosecutor, or investigator who was
engaged in rule of law activities for which the United States
provided funding or training; or
(G) a senior military officer, senior enlisted personnel,
or civilian official who
[[Page S5047]]
served on the staff of the former Ministry of Defense or the
former Ministry of Interior Affairs of Afghanistan; and
(2) provided service to an entity or organization described
in paragraph (1) for not less than 1 year during the period
beginning on December 22, 2001, and ending on September 1,
2021, and did so in support of the United States mission in
Afghanistan.
(b) Inclusions.--For purposes of this section, the
Afghanistan National Defense and Security Forces includes
members of the security forces under the Ministry of Defense
and the Ministry of Interior Affairs of the Islamic Republic
of Afghanistan, including the Afghanistan National Army, the
Afghan Air Force, the Afghanistan National Police, and any
other entity designated by the Secretary of Defense as part
of the Afghanistan National Defense and Security Forces
during the relevant period of service of the applicant
concerned.
(c) Afghan Allies Records Preservation Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a process by which an individual may apply to the
Secretary of Defense for classification as an Afghan ally.
(2) Application system.--The process established under
paragraph (1) shall--
(A) include the development and maintenance of a secure
online portal through which applicants may provide
information verifying their status as Afghan allies and
upload supporting documentation; and
(B) allow--
(i) an applicant to submit his or her own application;
(ii) a designee of an applicant to submit an application on
behalf of the applicant; and
(iii) the submission of an application regardless of where
the applicant is located, provided that the applicant is
outside the United States.
(3) Review process.--As soon as practicable after receiving
a request for classification described in paragraph (1), the
Secretary of Defense shall--
(A) review--
(i) the service record of the applicant, if available;
(ii) if the applicant provides a service record or other
supporting documentation, any information within the internal
or contractor-held records of the Department of Defense that
helps verify the service record concerned, including
information or an attestation provided by any current or
former official of the Department of Defense who has personal
knowledge of the eligibility of the applicant for such
classification; and
(iii) available data holdings in the possession of the
Department of Defense or any contractor of the Department of
Defense, including as applicable biographic and biometric
records, iris scans, fingerprints, voice biometric
information, hand geometry biometrics, other identifiable
information, and any other information related to the
applicant, including relevant derogatory information; and
(B)(i) in a case in which the Secretary of Defense
determines that the applicant is an Afghan ally without
significant derogatory information, the Secretary shall
preserve a complete record of such application for potential
future use by the applicant or a designee of the applicant;
and
(ii) include with such preserved record--
(I) any service record concerned, if available;
(II) if the applicant provides a service record, any
information that helps verify the service record concerned;
and
(III) any biometrics for the applicant.
(4) Review process for denial of request for records
preservation.--
(A) In general.--In the case of an applicant with respect
to whom the Secretary of Defense denies a request for
classification and records preservation based on a
determination that the applicant is not an Afghan ally or
based on derogatory information--
(i) the Secretary shall provide the applicant with a
written notice of the denial that provides, to the maximum
extent practicable, a description of the basis for the
denial, including the facts and inferences, or evidentiary
gaps, underlying the individual determination; and
(ii) the applicant shall be provided an opportunity to
submit not more than 1 written appeal to the Secretary for
each such denial.
(B) Deadline for appeal.--An appeal under clause (ii) of
subparagraph (A) shall be submitted--
(i) not more than 120 days after the date on which the
applicant concerned receives notice under clause (i) of that
subparagraph; or
(ii) on any date thereafter, at the discretion of the
Secretary of Defense.
(C) Request to reopen.--
(i) In general.--An applicant who receives a denial under
subparagraph (A) may submit a request to reopen a request for
classification and records preservation under the process
established under paragraph (1) so that the applicant may
provide additional information, clarify existing information,
or explain any unfavorable information.
(ii) Limitation.--After considering 1 such request to
reopen from an applicant, the Secretary of Defense may deny
subsequent requests to reopen submitted by the same
applicant.
(5) Termination.--The application process under this
subsection shall terminate on the date that--
(A) is not earlier than ten years after the date of the
enactment of this Act; and
(B) on which the Secretary of Defense makes a determination
that such termination is in the national interest of the
United States.
(6) General provisions.--
(A) Prohibition on fees.--The Secretary of Defense may not
charge any fee in connection with a request for a
classification or records preservation under this section.
(B) Defense personnel.--Any limitation in law with respect
to the number of personnel within the Office of the Secretary
of Defense, the military departments, or a Defense Agency (as
defined in section 101(a) of title 10, United States Code)
shall not apply to personnel employed for the primary purpose
of carrying out this section.
(C) Representation.--An alien applying for records
preservation under this section may be represented during the
application process, including at relevant interviews and
examinations, by an attorney or other accredited
representative. Such representation shall not be at the
expense of the United States Government.
______
SA 2798. Mr. BARRASSO (for Mr. Daines (for himself, Ms. Lummis, and
Mr. Barrasso)) submitted an amendment intended to be proposed by Mr.
Barrasso to the bill S. 4638, to authorize appropriations for fiscal
year 2025 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. SUPPORTING NATIONAL SECURITY WITH SPECTRUM.
(a) Short Title.--This section may be cited as the
``Supporting National Security with Spectrum Act''.
(b) Additional ``Rip and Replace'' Funding.-- Section 4(k)
of the Secure and Trusted Communications Networks Act of 2019
(47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000''
and inserting ``$4,980,000,000''.
(c) Appropriation of Funds.--There is appropriated to the
Federal Communications Commission for fiscal year 2024, out
of amounts in the Treasury not otherwise appropriated,
$3,080,000,000, to remain available until expended, to carry
out section 4 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1603).
(d) FCC Auction 97 Reauction of Certain Licenses;
Completion of Reauction.--
(1) FCC auction 97 reauction of certain licenses.--Not
later than 1 year after the date of enactment of this Act,
the Federal Communications Commission shall initiate a system
of competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) to grant
licenses for spectrum in the inventory of the Commission
within the bands of frequencies referred to by the Commission
as the ``AWS-3 bands'', without regard to whether the
authority of the Commission under paragraph (11) of that
section has expired.
(2) Completion of reauction.--The Federal Communications
Commission shall complete the system of competitive bidding
described in subsection (a), including receiving payments,
processing applications, and granting licenses, without
regard to whether the authority of the Commission under
paragraph (11) of section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)) has expired.
______
SA 2799. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 144. PROCUREMENT OF F-35 DEVELOPMENTAL TESTING AIRCRAFT.
Section 225(b) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 195) is
amended--
(1) in paragraph (1)--
(A) by striking ``two'' each place it appears and inserting
``three''; and
(B) by striking ``2030'' and inserting ``2034''; and
(2) by adding at the end the following new paragraph:
``(3) Developmental testing modifications.--Any
developmental testing modifications to aircraft designated
under paragraph (1) may be procured using funds made
available to the F-35 aircraft program for research,
development, test, and evaluation or procurement of
aircraft.''.
______
SA 2800. Mr. LUJAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,
[[Page S5048]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Secure and Affordable Broadband Extension Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Secure and Affordable
Broadband Extension Act''.
SEC. 1097. ADDITIONAL ``RIP AND REPLACE'' FUNDING.
(a) Increase in Expenditure Limit.--Section 4(k) of the
Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' and
inserting ``$4,980,000,000''.
(b) Appropriation of Funds.--There is appropriated to the
Federal Communications Commission for fiscal year 2024, out
of amounts in the Treasury not otherwise appropriated,
$3,080,000,000, to remain available until expended, to carry
out section 4 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1603).
SEC. 1098. IMPROVING THE AFFORDABLE CONNECTIVITY PROGRAM.
(a) Improving Verification of Eligibility.--
(1) Required use of national verifier to determine
eligibility.--Section 904 of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
(A) in subsection (a)(6)(C), by striking ``or the
participating provider verifies eligibility under subsection
(a)(2)(B)''; and
(B) in subsection (b)(2), by striking ``shall'' and all
that follows and inserting the following: ``shall use the
National Verifier and National Lifeline Accountability
Database.''.
(2) Repeal of eligibility through a provider's existing
low-income program.--Section 904(a)(6) of division N of the
Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(a)(6))
is amended--
(A) in subparagraph (C), by adding ``or'' at the end;
(B) by striking subparagraph (D); and
(C) by redesignating subparagraph (E) as subparagraph (D).
(3) Limitation on eligibility through the community
eligibility provision of the free lunch program and the free
school breakfast program.--Section 904(a)(6) of division N of
the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(a)(6)) is amended by striking subparagraph (B) and
inserting the following:
``(B) at least 1 member of the household--
``(i) is eligible for and receives--
``(I) free or reduced price lunch under the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.); or
``(II) free or reduced price breakfast under the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); and
``(ii) attends a school the local educational agency of
which does not elect to receive special assistance payments
under section 11(a)(1)(F) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)).''.
(4) Reduction of eligible households.--Section 904(a)(6)(A)
of division N of the Consolidated Appropriations Act, 2021
(47 U.S.C. 1752(a)(6)(A)) is amended by striking ``except
that'' and all that follows and inserting a semicolon.
(5) Effective date; rules.--
(A) Definitions.--In this paragraph--
(i) the terms ``affordable connectivity benefit'',
``Commission'', ``eligible household'', and ``participating
provider'' have the meanings given those terms in section
904(a) of division N of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1752(a)), as amended by this subsection; and
(ii) the term ``Affordable Connectivity Program'' means the
program established under section 904(b)(1) of division N of
the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(b)(1)).
(B) Effective date.--Except as provided in subparagraph
(C), the amendments made by this subsection shall take effect
on the date of enactment of this Act.
(C) Enrolled households.--A household that received the
affordable connectivity benefit as of April 30, 2024, but is
no longer an eligible household by reason of the amendments
made by this subsection shall nonetheless be treated an
eligible household until the date that is 180 days after the
date of enactment of this Act.
(D) Updating rules.--Not later than 180 days after the date
of enactment of this Act, the Commission shall update the
rules of the Commission relating to the Affordable
Connectivity Program to implement the amendments made by this
subsection.
(E) Re-certification.--During the period beginning on the
date on which the Commission updates the rules under
subparagraph (D) and ending on the date that is 240 days
after the date of enactment of this Act, a participating
provider or the Administrator of the Universal Service
Administrative Company, as applicable, shall re-certify the
eligibility of a household for the Affordable Connectivity
Program in accordance with section 54.1806(f) of title 47,
Code of Federal Regulations, or any successor regulation,
based on the amendments made by this subsection.
(b) Repeal of Affordable Connectivity Program Device
Subsidy.--Section 904 of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (11) as
paragraphs (4) through (10), respectively; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``, or an affordable
connectivity benefit and a connected device,'';
(B) by striking paragraph (5);
(C) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively;
(D) by amending paragraph (5), as so redesignated, to read
as follows:
``(5) Certification required.--To receive a reimbursement
under paragraph (4), a participating provider shall certify
to the Commission that each eligible household for which the
participating provider is seeking reimbursement for providing
an internet service offering discounted by the affordable
connectivity benefit--
``(A) will not be required to pay an early termination fee
if such eligible household elects to enter into a contract to
receive such internet service offering if such household
later terminates such contract;
``(B) was not, after December 27, 2020, subject to a
mandatory waiting period for such internet service offering
based on having previously received broadband internet access
service from such participating provider; and
``(C) will otherwise be subject to the participating
provider's generally applicable terms and conditions as
applied to other customers.'';
(E) in paragraph (11), as so redesignated--
(i) in subparagraph (D), by striking ``a connected device
or a reimbursement for'';
(ii) by striking subparagraph (E);
(iii) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(iv) in subparagraph (F), as so redesignated, by striking
``subsection (a)(6)'' and inserting ``subsection (a)(5)'';
and
(F) in paragraph (13), as so redesignated, by striking
``paragraph (12)'' and inserting ``paragraph (11)''.
(c) Antifraud Controls, Performance Goals, and Measures.--
Section 904 of division N of the Consolidated Appropriations
Act, 2021 (47 U.S.C. 1752) is amended by adding at the end
the following:
``(k) Antifraud Controls, Performance Goals, and
Measures.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Commission shall develop
and implement antifraud controls, performance goals, and
performance measures for the Affordable Connectivity Program,
and in doing so, shall consider the recommendations submitted
by the Comptroller General of the United States to the
Commission in the report entitled `Affordable Broadband: FCC
Could Improve Performance Goals and Measures, Consumer
Outreach, and Fraud Risk Management', publicly released
January 25, 2023 (GAO-23-105399).''.
(d) Report on Effectiveness.--Not later than 1 year after
the date of enactment of this Act, the Inspector General of
the Federal Communications 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 analyzing the effects of this
section, including the amendments made by this section, with
respect to improving the efficiency and quality of the
Affordable Connectivity Program established under section
904(b)(1) of division N of the Consolidated Appropriations
Act, 2021 (47 U.S.C. 1752(b)(1)).
(e) Appropriation of Funds.--Section 904(i)(2) of division
N of the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(i)(2)) is amended--
(1) in the paragraph heading, by striking ``Appropriation''
and inserting ``Appropriations'';
(2) by striking ``There is'' and inserting the following:
``(A) Fiscal year 2021.--There is''; and
(3) 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, $6,000,000,000 for
fiscal year 2024, to remain available until expended.''.
SEC. 1099. REAUCTION OF CERTAIN LICENSES.
(a) FCC Reauction Authority.--Not later than 2 years after
the date of enactment of this Act, the Federal Communications
Commission, without regard to whether the authority of the
Commission under paragraph (11) of section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) has expired--
(1) shall initiate 1 or more systems of competitive bidding
under that section to grant licenses for--
(A) the bands referred to by the Commission as the ``AWS-3
bands''; and
(B) any other unassigned spectrum bands with respect to
which the Commission previously offered licenses in
competitive bidding, as determined appropriate by the
Commission; and
(2) shall initiate 1 or more systems of competitive bidding
under that section to grant licenses for any unassigned
spectrum bands, other than the bands auctioned under
paragraph (1), with respect to which the Commission--
(A) previously offered licenses in competitive bidding; and
[[Page S5049]]
(B) determines there is sufficient current demand.
(b) Completion of Reauction.--The Federal Communications
Commission shall complete each system of competitive bidding
described in subsection (a), including receiving payments,
processing applications, and granting licenses, without
regard to whether the authority of the Commission under
paragraph (11) of section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)) has expired.
______
SA 2801. Mr. LUJAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. INDIAN CHILD PROTECTION AND FAMILY VIOLENCE
PREVENTION ACT AMENDMENTS.
The Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3202 et seq.) is amended as follows:
(1) By amending section 403(3)(A) (25 U.S.C. 3202(3)(A)) to
read as follows:
``(A) in any case in which--
``(i)(I) a child is dead or exhibits evidence of skin
bruising, bleeding, malnutrition, failure to thrive, burns,
fracture of any bone, subdural hematoma, soft tissue
swelling; and
``(II) such condition is not justifiably explained or may
not be the product of an accidental occurrence; or
``(ii) a child is subjected to sexual assault, sexual
molestation, sexual exploitation, sexual contact, or
prostitution; and''.
(2) In section 409 (25 U.S.C. 3208)--
(A) in subsection (a)--
(i) by striking ``The Secretary of Health and Human
Services, acting through the Service and in cooperation with
the Bureau'' and inserting ``The Service, in cooperation with
the Bureau''; and
(ii) by striking ``sexual abuse'' and inserting ``abuse or
neglect'';
(B) in subsection (b) through the end of the section, by
striking ``Secretary of Health and Human Services'' each
place it appears and inserting ``Service'';
(C) in subsection (b)(1), by inserting after ``Any Indian
tribe or intertribal consortium'' the following: ``, on its
own or in partnership with an urban Indian organization,'';
(D) in subsections (b)(2)(B) and (d), by striking ``such
Secretary'' each place it appears and inserting ``the
Service'';
(E) by amending subsection (c) to read as follows:
``(c) Culturally Appropriate Treatment.--In awarding grants
under this section, the Service shall encourage the use of
culturally appropriate treatment services and programs that
respond to the unique cultural values, customs, and
traditions of applicant Indian Tribes.'';
(F) in subsection (d)(2), by striking ``the Secretary'' and
inserting ``the Service'';
(G) by redesignating subsection (e) as subsection (f); and
(H) by inserting after subsection (d) the following:
``(e) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the
Service shall submit a report to Congress on the award of
grants under this section. The report shall contain--
``(1) a description of treatment and services for which
grantees have used funds awarded under this section; and
``(2) any other information that the Service requires.''.
(3) In section 410 (25 U.S.C. 3209)--
(A) in the heading--
(i) by inserting ``national'' before ``indian''; and
(ii) by striking ``centers'' and inserting ``center'';
(B) by amending subsections (a) and (b) to read as follows:
``(a) Establishment.--Not later than 1 year after the date
of the enactment of the Native American Child Protection Act,
the Secretary shall establish a National Indian Child
Resource and Family Services Center.
``(b) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the
Secretary of the Interior, acting through the Bureau of
Indian Affairs, shall submit a report to Congress on the
status of the National Indian Child Resource and Family
Services Center.'';
(C) in subsection (c)--
(i) by striking ``Each'' and inserting ``The''; and
(ii) by striking ``multidisciplinary'';
(D) in subsection (d)--
(i) in the text before paragraph (1), by striking ``Each''
and inserting ``The'';
(ii) in paragraph (1), by striking ``and inter-tribal
consortia'' and inserting ``inter-tribal consortia, and urban
Indian organizations'';
(iii) in paragraph (2), by inserting ``urban Indian
organizations,'' after ``tribal organizations,'';
(iv) in paragraph (3)--
(I) by inserting ``and technical assistance'' after
training; and
(II) by striking ``and to tribal organizations'' and
inserting ``, Tribal organizations, and urban Indian
organizations'';
(v) in paragraph (4)--
(I) by inserting ``, State,'' after ``Federal''; and
(II) by striking ``and tribal'' and inserting ``Tribal, and
urban Indian''; and
(vi) by amending paragraph (5) to read as follows:
``(5) develop model intergovernmental agreements between
Tribes and States, and other materials that provide examples
of how Federal, State, and Tribal governments can develop
effective relationships and provide for maximum cooperation
in the furtherance of prevention, investigation, treatment,
and prosecution of incidents of family violence and child
abuse and child neglect involving Indian children and
families.'';
(E) in subsection (e)--
(i) in the heading, by striking ``Multidisciplinary Team''
and inserting ``Team'';
(ii) in the text before paragraph (1), by striking ``Each
multidisciplinary'' and inserting ``The''; and
(F) by amending subsections (f) and (g) to read as follows:
``(f) Center Advisory Board.--The Secretary shall establish
an advisory board to advise and assist the National Indian
Child Resource and Family Services Center in carrying out its
activities under this section. The advisory board shall
consist of 12 members appointed by the Secretary from Indian
Tribes, Tribal organizations, and urban Indian organizations
with expertise in child abuse and child neglect. Members
shall serve without compensation, but may be reimbursed for
travel and other expenses while carrying out the duties of
the board. The advisory board shall assist the Center in
coordinating programs, identifying training and technical
assistance materials, and developing intergovernmental
agreements relating to family violence, child abuse, and
child neglect.
``(g) Application of Indian Self-Determination Act to the
Center.--The National Indian Child Resource and Family
Services Center shall be subject to the provisions of the
Indian Self-Determination Act. The Secretary may also
contract for the operation of the Center with a nonprofit
Indian organization governed by an Indian-controlled board of
directors that have substantial experience in child abuse,
child neglect, and family violence involving Indian children
and families.''.
(4) In section 411 (25 U.S.C. 3210)--
(A) in subsection (d)--
(i) in paragraph (1)--
(I) in subparagraph (A), by striking ``abuse and child
neglect'' and inserting ``abuse, neglect, or both'';
(II) in subparagraph (B), by striking ``and'' at the end;
and
(III) by inserting after subparagraph (C), the following:
``(D) development of agreements between Tribes, States, or
private agencies on the coordination of child abuse and
neglect prevention, investigation, and treatment services;
``(E) child protective services operational costs including
transportation, risk and protective factors assessments,
family engagement and kinship navigator services, and
relative searches, criminal background checks for prospective
placements, and home studies; and
``(F) development of a Tribal child protection or
multidisciplinary team to assist in the prevention and
investigation of child abuse and neglect;'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by inserting ``in culturally
appropriate ways'' after ``incidents of family violence'';
and
(II) in subparagraph (C), by inserting ``that may include
culturally appropriate programs'' after ``training
programs''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by inserting ``and neglect'' after
``abuse''; and
(II) in subparagraph (B), by striking ``cases, to the
extent practicable,'' and inserting ``and neglect cases'';
(B) in subsection (f)--
(i) in paragraph (2), by striking ``develop, in
consultation with Indian tribes, appropriate caseload
standards and staffing requirements which are comparable to
standards developed by the National Association of Social
Work, the Child Welfare League of America and other
professional associations in the field of social work and
child welfare'' and inserting ``develop, not later than one
year after the date of the enactment of the Native American
Child Protection Act, in consultation with Indian Tribes,
appropriate caseload standards and staffing requirements'';
(ii) in paragraph (3)(D), by striking ``sexual abuse'' and
inserting ``abuse and neglect, high incidence of family
violence'';
(iii) by amending paragraph (4) to read as follows:
``(4) The formula established pursuant to this subsection
shall provide funding necessary to support not less than one
child protective services or family violence caseworker,
including fringe benefits and support costs, for each Indian
Tribe.''; and
(iv) in paragraph (5), by striking ``tribes'' and inserting
``Indian Tribes''; and
(C) by amending subsection (g) to read as follows:
``(g) Report.--Not later than 2 years after the date of the
enactment of the Native American Child Protection Act, the
Secretary of the Interior, acting through the Bureau of
Indian Affairs, shall submit a report to Congress on the
award of grants
[[Page S5050]]
under this section. The report shall contain--
``(1) a description of treatment and services for which
grantees have used funds awarded under this section; and
``(2) any other information that the Secretary of the
Interior requires.''.
______
SA 2802. Ms. BUTLER submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. ASSESSMENT OF HEALTH CARE SYSTEM SUPPORTING
MILITARY INSTALLATIONS WITHIN THE AIRSPACE OF
THE R-2508 COMPLEX.
(a) In General.--To ensure adequate health care for the
civilian and military workforce of the Department of Defense,
the Secretary of Defense, in coordination with the
Secretaries of the military departments, shall develop an
assessment of the health care system supporting the military
installations within the airspace of the R-2508 complex.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the results of the assessment developed under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a description of any challenges to the health care
system described in subsection (a) within the private and
public sector, including--
(i) any challenges relating to funding and authorization of
care;
(ii) any potential obstacles to access health care services
for civilian and military populations; and
(iii) whether there exists a provider shortage for
emergency care personnel and certain other specialties;
(B) an assessment of the potential impacts of such
challenges on the mission of any military installations
within the airspace of the R-2508 complex;
(C) recommendations for legislative proposals to improve
such health care system; and
(D) the plans of the Secretary to address the issues
identified under subparagraphs (A) and (B).
______
SA 2803. Ms. BUTLER submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PLAN TO ASSESS EFFECTIVENESS OF COAST GUARD
ACTIONS TO ENSURE EXPERIENCE FREE OF SEXUAL
ASSAULT AND SEXUAL HARASSMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating (referred to in this
section as the ``Secretary'') shall submit to Congress a plan
to assess the effectiveness of actions taken by the
Commandant of the Coast Guard to ensure that members of the
Coast Guard have an experience in the Coast Guard that--
(1) aligns with the core values of the Coast Guard; and
(2) is free of sexual assault and sexual harassment.
(b) Elements.--The plan required by subsection (a) shall
include the following:
(1) A description of evaluation mechanisms that will be
used to assess the effectiveness of the actions described in
subsection (a).
(2) An evaluation of the effectiveness of actions taken by
the Commandant of the Coast Guard (referred to in this
section as the ``Commandant'') pursuant to the 90-day
Accountability and Transparency Report.
(3) A description of the outcomes of the investigation
conducted by the Office of the Inspector General of the
Department of Homeland Security into Operation Fouled Anchor,
and a plan to undertake the actions recommended in response
to such outcomes.
(4) An update on the investigations conducted by the Coast
Guard Investigative Service into sexual assault and sexual
harassment allegations within the Coast Guard, and a plan to
undertake actions in response to the outcomes of such
investigations.
(5) Specific measurable goals related to Coast Guard
climate and sexual assault and sexual harassment prevention
and response, and metrics to measure progress toward such
goals.
(c) Updates.--
(1) In general.--Not later than 180 days after the date on
which the plan is submitted under subsection (a), and every
180 days thereafter, the Secretary shall submit to Congress a
notification of the progress of the Coast Guard toward
achieving the goals and metrics established in the plan.
(2) Sunset.--Paragraph (1) shall cease to have effect on
the date, not less than 2 years after the date of the
enactment of this Act, on which the Secretary, in
consultation with the appropriate committees of Congress,
makes a determination that the Commandant has effectively met
the objectives of the plan required by subsection (a).
(3) Appropriate committees of congress defined.--In this
section, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Oversight and Accountability of the House of
Representatives.
______
SA 2804. Ms. BUTLER submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, insert the
following:
SEC. 749A. GAO REPORT ON MATERNITY CARE ACCESS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on
programs and activities of the Department of Defense to
support the availability and retention of maternity care for
members of the Armed Forces and their dependents. Such report
shall examine, to the extent data is available--
(1) the availability of maternity care for members of the
Armed Forces and their dependents;
(2) recent trends in obstetric care unit closures,
including at military medical treatment facilities and
hospitals that predominantly serve members of the Armed
Forces and their dependents;
(3) what is known about the factors that contribute to
obstetric care unit closures at military medical treatment
facilities and hospitals that predominantly serve members of
the Armed Forces and their dependents;
(4) what is known about the populations, including racial
and ethnic minority groups, disproportionately impacted by
obstetric care unit closures at military medical treatment
facilities and hospitals that predominantly serve members of
the Armed Forces and their dependents;
(5) what is known about the health outcomes, including
maternal mental health and substance use outcomes, associated
with obstetric care unit closures at military medical
treatment facilities and hospitals that predominantly serve
members of the Armed Forces and their dependents;
(6) the manner in which selected recipients of awards from
relevant Federal agencies may utilize such awards to carry
out activities that support the availability and retention of
maternity care for members of the Armed Forces and their
dependents, and any challenges associated with implementing
such activities; and
(7) the activities of the Department of Defense to address
obstetric care unit closures and coordinate with the heads of
other relevant agencies to support innovative partnerships
between accredited freestanding birth centers, hospitals,
military medical treatment facilities, other health care
settings, maternity care providers, and perinatal health
workers.
(b) Definitions.--In this section--
(1) the term ``freestanding birth center'' has the meaning
given such term in section 1905(l)(3) of the Social Security
Act (42 U.S.C. 1396d(l)(3)); and
(2) the term ``military medical treatment facility'' means
military medical treatment facilities described in section
1073d of title 10, United States Code.
______
SA 2805. Ms. BUTLER (for herself and Mrs. Britt) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. IMPROVE INITIATIVE.
Part B of title IV of the Public Health Service Act (42
U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 409K. IMPROVE INITIATIVE.
``(a) In General.--The Director of the National Institutes
of Health, in consultation with the Director the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development, shall establish a program to be known as the
Implementing a
[[Page S5051]]
Maternal health and PRegnancy Outcomes Vision for Everyone
Initiative (referred to in this section as the `Initiative').
``(b) Duties.--The Initiative shall--
``(1) advance research to--
``(A) reduce preventable causes of maternal mortality and
severe maternal morbidity;
``(B) reduce racial, ethnic, geographic, and socioeconomic
disparities in maternal health outcomes; and
``(C) improve health for pregnant and postpartum women
before, during, and after pregnancy;
``(2) use an integrated approach to understand the
biological, behavioral, sociocultural, and structural factors
that affect maternal mortality and severe maternal morbidity
by building an evidence base for improved outcomes in
specific regions of the United States; and
``(3) target health disparities associated with maternal
mortality and severe maternal morbidity by--
``(A) implementing and evaluating community-based
interventions for disproportionately affected women; and
``(B) identifying risk factors and the underlying
biological mechanisms associated with leading causes of
maternal mortality and severe maternal morbidity in the
United States.
``(c) Implementation.--The Director of the Institute may
award grants or enter into contracts, cooperative agreements,
or other transactions to carry out subsection (a), including
with researchers from racial and ethnic minority groups (as
defined in section 1707(g)(1)).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $53,400,000 for
each of fiscal years 2025 through 2031.''.
______
SA 2806. Ms. BUTLER (for herself and Mr. Padilla) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 318. AUTHORIZATION TO TRANSFER FUNDS TO INTERNATIONAL
BOUNDARY AND WATER COMMISSION.
The Secretary of the Navy may transfer amounts available to
the Department of the Navy to the United States section of
the International Boundary and Water Commission to assist in
efforts that contribute directly to mitigating pollution in
the Tijuana River that impact the training of Navy personnel,
as determined by the Secretary.
______
SA 2807. Ms. BUTLER (for herself and Mr. Padilla) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Tijuana River Public Health and Water Quality
SEC. 1096. PURPOSES.
The purposes of this subtitle are--
(1) to establish a program to plan and implement water
quality restoration and protection activities;
(2) to ensure the coordination of restoration and
protection activities among Federal, State, local, and
regional entities and conservation partners relating to water
quality and stormwater management in the American Tijuana
River watershed; and
(3) to provide funding for water quality restoration and
protection activities in the American Tijuana River
watershed.
SEC. 1097. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) American tijuana river watershed.--The term ``American
Tijuana River watershed'' means the portion of the Tijuana
River watershed that lies in the United States.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of the United States Section of the
International Boundary and Water Commission.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
(5) Program.--The term ``program'' means the Tijuana River
Public Health and Water Quality Restoration Program
established under section 1098(a)(1).
(6) Program director.--The term ``Program Director'' means
the Program Director of the program designated under section
1098(a)(2).
(7) Secretary.--The term ``Secretary'' means the Secretary
of State.
(8) Tijuana river.--The term ``Tijuana River'' means the
river that rises in the Sierra de Juarez in Mexico, flows
through the City of Tijuana and then north into the United
States, passes through the Tijuana River estuary, and drains
into the Pacific Ocean.
(9) Water quality restoration and protection.--The term
``water quality restoration and protection'', with respect to
the Tijuana River watershed, means--
(A) the enhancement of water quality and stormwater
management; and
(B) the use of natural and green infrastructure to enhance
the ability of the watershed to capture pollutants and reduce
runoff to prevent flooding.
(10) Water reuse.--The term ``water reuse'' has the meaning
given the term in the document of the Environmental
Protection Agency entitled ``National Water Reuse Action
Plan: Collaborative Implementation (Version 1)'' and dated
February 2020.
SEC. 1098. TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY
RESTORATION PROGRAM.
(a) Establishment.--
(1) Program.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
program, to be known as the ``Tijuana River Public Health and
Water Quality Restoration Program''.
(2) Program director.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
designate a Program Director of the program, who shall--
(A) have leadership and project management experience; and
(B) be qualified--
(i) to direct the integration of multiple project planning
efforts and programs from different agencies and
jurisdictions;
(ii) to align numerous, and possibly competing, priorities
to accomplish visible and measurable outcomes under the water
quality plan under section 1099(a)(1);
(iii) to manage efforts and associated functions needed to
run the management conference described in subsection (b)(2);
(iv) to facilitate engagement with the International
Boundary and Water Commission and related Federal agencies;
(v) to solicit feedback from relevant Federal, State,
Tribal, local, public, nonprofit, and other relevant
stakeholders on the creation and implementation of the water
quality plan under section 1099(a)(1); and
(vi) to consult with Indian Tribes within the American
Tijuana River watershed region.
(b) Duties.--In carrying out the program--
(1) the Administrator shall--
(A) develop the water quality plan under section 1099(a)(1)
to address pollution prevention, environmental and ecological
restoration, climate change, resilience, and mitigation, and
related efforts, in the American Tijuana River watershed
region;
(B) carry out projects, plans, and initiatives for the
Tijuana River and work in consultation with applicable
management entities, including representatives of the Federal
Government, State and local governments, and regional and
nonprofit organizations, to carry out public health and water
quality restoration and protection activities relating to the
Tijuana River;
(C) carry out activities that--
(i) develop, using monitoring, data collection, and
assessment, a shared set of science-based water quality
restoration and protection activities identified in
accordance with subparagraph (B);
(ii) support the implementation of a shared set of science-
based water quality restoration and protection activities
identified in accordance with subparagraph (B), including
water reuse projects, water recycling projects, and natural
and green infrastructure projects;
(iii) target cost-effective projects with measurable
results; and
(iv) maximize public health and water quality conservation
outcomes;
(D) coordinate the development of consistent Federal
policies, strategies, projects, and priorities for addressing
the public health and water quality restoration and
protection of the Tijuana River;
(E) coordinate a funding strategy among available funding
sources in the region; and
(F) provide grants, agreements, and technical assistance in
accordance with section 1099A; and
(2) not later than 120 days after the date on which the
Program Director is designated under subsection (a)(2), the
Program Director shall convene a management conference for
the Tijuana River pursuant to section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330).
(c) Coordination.--In establishing the program, the
Administrator shall consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Secretary;
(B) the Commissioner;
(C) the Secretary of Agriculture;
(D) the Secretary of Homeland Security;
(E) the Administrator of General Services;
(F) the Commissioner of U.S. Customs and Border Protection;
(G) the Secretary of the Interior;
(H) the Secretary of the Army, acting through the Chief of
Engineers;
(I) the Administrator of the National Oceanic and
Atmospheric Administration;
(J) the Director of the United States Fish and Wildlife
Service; and
(K) the head of any other applicable agency, as determined
by the Administrator;
(2) a representative of Naval Base Coronado;
[[Page S5052]]
(3) a representative of the Commander, Navy Region
Southwest;
(4) a representative of the Coast Guard;
(5) a representative of the United States Geological
Survey;
(6) a representative of the Bureau of Indian Affairs;
(7) a representative from each Indian Tribe located within
the American Tijuana River watershed;
(8) the heads of State agencies, including--
(A) the Governor of California;
(B) the California Environmental Protection Agency;
(C) the California State Water Resources Control Board;
(D) the California Department of Water Resources; and
(E) the San Diego Regional Water Quality Control Board;
(9) 2 representatives of affected units of local government
in the State, chosen on a rotating 3-year cycle by the
Governor of California, including representatives from the
City of Imperial Beach, the City of San Diego, the City of
Chula Vista, the City of Coronado, the Port of San Diego, and
the County of San Diego;
(10) 2 representatives of relevant nonprofit groups, chosen
on a rotating 3-year cycle by the Governor of California;
(11) other public agencies and organizations with authority
for the planning and implementation of conservation
strategies relating to the Tijuana River in the United States
and Mexico, as determined by the Administrator; and
(12) representatives of the North American Development
Bank.
(d) Cooperative Agreements and Memoranda of
Understanding.--
(1) In general.--To achieve the purposes of this subtitle
and to ensure effective coordination of Federal and non-
Federal water quality restoration and protection activities,
the Administrator shall use amounts made available for those
purposes from any Federal agency, including the the U.S.-
Mexico Border Water Infrastructure Grant Program of the
Environmental Protection Agency, to enter into cooperative
agreements and memoranda of understanding with, and provide
technical assistance to--
(A) the heads of other Federal agencies, States, State
agencies, units of local government, regional governmental
bodies, and private entities; and
(B) in cooperation with the Secretary, the Government of
Mexico.
(2) Use of agreements.--The Administrator shall enter into
the cooperative agreements and memoranda of understanding
described in paragraph (1)--
(A) to carry out the activities described in this section,
including studies, plans, construction, and completion of
projects to improve the water quality of, environment of, and
public health around the Tijuana River; and
(B) to carry out a pilot project under which the
Administrator shall, for projects selected by the
Administrator that would otherwise not be successful in
improving the water quality of, environment of, and public
health of people residing in areas surrounding the Tijuana
River--
(i) identify the parties responsible for the projects; and
(ii) provide funds to those parties for the operations and
maintenance of the projects.
(3) Term.--The cooperative agreements and memoranda of
understanding described in paragraph (1) shall be limited to
a specified period of time, as determined by the
Administrator.
(4) Financial arrangements.--
(A) In general.--If the Administrator enters into a
cooperative agreement or memorandum of understanding
described in paragraph (1), the Administrator may require the
other party to the agreement or memorandum to provide payment
to the Administrator.
(B) Deposit.--Any amounts received as a payment under
subparagraph (A) shall be deposited into the State and Tribal
Assistance Grants account of the Environmental Protection
Agency and shall remain available, without further
appropriation, to carry out the purposes of this subtitle.
(5) Personnel; services; technical assistance.--The
Administrator may provide or accept personnel, services, and
technical assistance pursuant to a cooperative agreement or
memorandum of understanding described in paragraph (1), with
or without reimbursement, for the purposes of carrying out
the agreement or memorandum.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out this section $50,000,000 for
each of fiscal years 2025 through 2035, to remain available
until expended.
(2) Set aside.--Of amounts made available to carry out this
section, the Administrator may use not more than 5 percent
for grants under this section for salaries, expenses, and
administration.
SEC. 1099. WATER QUALITY PLAN.
(a) Development.--
(1) In general.--The Administrator, in consultation with
the individuals and entities described in section 1098(c),
shall develop a plan for the purpose of improving and
protecting the water quality of the Tijuana River watershed.
(2) Requirements.--The water quality plan under paragraph
(1) shall--
(A) build on and incorporate any existing efforts and plans
to improve and protect the water quality of the Tijuana River
watershed, including ongoing and completed efforts and plans;
and
(B) include--
(i) such features as are needed to improve and protect the
quality of wastewater, stormwater runoff, and other untreated
flows;
(ii) criteria for selecting--
(I) water quality restoration and protection projects; and
(II) projects on the priority list under subsection (c)(1);
(iii) the amounts necessary for the operations and
maintenance of infrastructure existing on and constructed
after the date of enactment of this Act; and
(iv) potential sources of funding to help pay the costs
described in clause (iii).
(3) Operations and maintenance funding.--
(A) In general.--The Administrator, working with the
individuals and entities described in section 1098(c), shall
assess and identify potential alternative sources and
approaches for financing infrastructure projects, including
financing the operations and maintenance of those
infrastructure projects.
(B) Requirement.--In carrying out subparagraph (A), the
Administrator shall assess the approaches identified in the
report of the Environmental Financial Advisory Board entitled
``Evaluating Stormwater Infrastructure Funding and
Financing'' and dated March 2020.
(b) Issuance; Updates.--The Administrator shall--
(1) not later than 1 year after the date of enactment of
this Act, issue the water quality plan under subsection
(a)(1); and
(2) every 5 years after the date on which the plan is
issued under paragraph (1), update the plan.
(c) Priority List.--
(1) In general.--The water quality plan under subsection
(a)(1) shall include a priority list of potential or proposed
water quality restoration and protection projects for the
Tijuana River watershed that--
(A) provides for the management of wastewater or stormwater
or the removal of debris, sediment, chemicals, bacteria, and
other contaminants from the water flowing north into the
United States;
(B) estimates the costs and identifies the entities that
will fund the construction, operation, and maintenance of
each project on the priority list;
(C) is developed in coordination with the individuals and
entities described in section 1098(c);
(D) assists agencies to coordinate funding; and
(E) identifies projects--
(i) in the American Tijuana River watershed; and
(ii) that address transboundary flows that affect coastal
communities in and near the Tijuana River watershed.
(2) Development.--In developing the priority list under
paragraph (1), the Administrator shall--
(A) use the best available science, including any relevant
findings and recommendations of a watershed assessment
conducted by Federal, State, and local agencies;
(B) carry out and fund science development, monitoring, or
modeling as needed to inform project development and
assessment; and
(C) include, in order of priority, potential or proposed
water quality or stormwater projects for the restoration and
protection of the Tijuana River that--
(i) would help--
(I) to achieve and maintain the water quality standards
for--
(aa) public health;
(bb) recreational opportunities;
(cc) scenic resources; and
(dd) wildlife and habitat; and
(II) to address water needs in the Tijuana River watershed,
including through water reuse and water recycling; and
(ii) would identify responsible agencies and funding
sources through coordinated efforts by the individuals and
entities described in section 1098(c).
SEC. 1099A. GRANTS, AGREEMENTS, AND ASSISTANCE.
(a) In General.--In order to carry out the purposes of the
program as described in section 1096, the Administrator may--
(1) provide grants and technical assistance to the
Commissioner, State and local governments, nonprofit
organizations, and institutions of higher education, in both
the United States and Mexico; and
(2) enter into interagency agreements with other Federal
agencies.
(b) Criteria.--The Administrator, in consultation with the
individuals and entities described in section 1098(c), shall
develop criteria for providing grants and technical
assistance and entering into interagency agreements under
subsection (a) to ensure that activities carried out under an
interagency agreement or using those grants or technical
assistance--
(1) accomplish 1 or more of the purposes identified in
section 1096; and
(2) advance the implementation of priority projects
identified under section 1099(c).
(c) Cost Sharing.--The Administrator may establish a
Federal share requirement for any project carried out using
any assistance proved under this section on an individual
project basis.
(d) Administration.--
[[Page S5053]]
(1) In general.--The Administrator may enter into an
agreement to manage the implementation of this section with
the North American Development Bank or a similar organization
that offers grant management services.
(2) Funding.--If the Administrator enters into an agreement
under paragraph (1), the organization selected shall--
(A) for each fiscal year, receive amounts to carry out this
section in an advance payment of the entire amount on the
date of enactment of an appropriations Act making
appropriations to the Administrator for a fiscal year, or as
soon as practicable thereafter; and
(B) otherwise administer the implementation of this section
to support partnerships between the public and private
sectors in accordance with this subtitle.
(e) Construction, Operation, and Maintenance.--The
Commissioner may construct, operate, and maintain any project
carried out using funds made available to carry out this
section.
SEC. 1099B. ANNUAL BUDGET PLAN.
The President, as part of the annual budget submission of
the President to Congress under section 1105(a) of title 31,
United States Code, shall submit estimated expenditures and
proposed appropriations for projects under this subtitle for
the current year, the budget year, and 5 outyears (as those
terms are defined in section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))),
including for projects included in the priority list under
section 1099(c), for each Federal agency described in section
1098(c)(1).
SEC. 1099C. REPORTS.
Not later than 180 days after the date of enactment of this
Act, and every 2 years thereafter, the Administrator shall
submit to Congress a report on the implementation of this
subtitle, including--
(1) a description of--
(A) each project that has received funding pursuant to this
subtitle; and
(B) the status of all projects that have received funding
pursuant to this subtitle that are in progress on the date of
submission of the report; and
(2) an assessment of the effectiveness of the operation and
maintenance of each project that has been carried out
pursuant to this subtitle.
______
SA 2808. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--PROTECT REPORTERS FROM EXPLOITATIVE STATE SPYING
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Protect Reporters from
Exploitative State Spying Act'' or the ``PRESS Act''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Covered journalist.--The term ``covered journalist''
means a person who regularly gathers, prepares, collects,
photographs, records, writes, edits, reports, investigates,
or publishes news or information that concerns local,
national, or international events or other matters of public
interest for dissemination to the public.
(2) Covered service provider.--
(A) In general.--The term ``covered service provider''
means any person that, by an electronic means, stores,
processes, or transmits information in order to provide a
service to customers of the person.
(B) Inclusions.--The term ``covered service provider''
includes--
(i) a telecommunications carrier and a provider of an
information service (as such terms are defined in section 3
of the Communications Act of 1934 (47 U.S.C. 153));
(ii) a provider of an interactive computer service and an
information content provider (as such terms are defined in
section 230 of the Communications Act of 1934 (47 U.S.C.
230));
(iii) a provider of remote computing service (as defined in
section 2711 of title 18, United States Code); and
(iv) a provider of electronic communication service (as
defined in section 2510 of title 18, United States Code) to
the public.
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e)).
(4) Document.--The term ``document'' means writings,
recordings, and photographs, as those terms are defined by
rule 1001 of the Federal Rules of Evidence (28 U.S.C. App.).
(5) Federal entity.--The term ``Federal entity'' means an
entity or employee of the judicial or executive branch or an
administrative agency of the Federal Government with the
power to issue a subpoena or issue other compulsory process.
(6) Journalism.--The term ``journalism'' means gathering,
preparing, collecting, photographing, recording, writing,
editing, reporting, investigating, or publishing news or
information that concerns local, national, or international
events or other matters of public interest for dissemination
to the public.
(7) Personal account of a covered journalist.--The term
``personal account of a covered journalist'' means an account
with a covered service provider used by a covered journalist
that is not provided, administered, or operated by the
employer of the covered journalist.
(8) Personal technology device of a covered journalist.--
The term ``personal technology device of a covered
journalist'' means a handheld communications device, laptop
computer, desktop computer, or other internet-connected
device used by a covered journalist that is not provided or
administered by the employer of the covered journalist.
(9) Protected information.--The term ``protected
information'' means any information identifying a source who
provided information as part of engaging in journalism, and
any records, contents of a communication, documents, or
information that a covered journalist obtained or created as
part of engaging in journalism.
(10) Specified offense against a minor.--The term
``specified offense against a minor'' has the meaning given
that term in section 111(7) of the Adam Walsh Child
Protection and Safety Act of 2006 (34 U.S.C. 20911(7)).
SEC. 5003. LIMITS ON COMPELLED DISCLOSURE FROM COVERED
JOURNALISTS.
In any matter arising under Federal law, a Federal entity
may not compel a covered journalist to disclose protected
information, unless a court in the judicial district in which
the subpoena or other compulsory process is, or will be,
issued determines by a preponderance of the evidence, after
providing notice and an opportunity to be heard to the
covered journalist, that--
(1) disclosure of the protected information is necessary to
prevent, or to identify any perpetrator of, an act of
terrorism against the United States;
(2) disclosure of the protected information is necessary to
prevent a threat of imminent violence, significant bodily
harm, or death, including specified offenses against a minor;
or
(3) disclosure of the protected information is necessary to
prevent the destruction or incapacitation of critical
infrastructure.
SEC. 5004. LIMITS ON COMPELLED DISCLOSURE FROM COVERED
SERVICE PROVIDERS.
(a) Conditions for Compelled Disclosure.--In any matter
arising under Federal law, a Federal entity may not compel a
covered service provider to provide testimony or any document
consisting of any record, information, or other
communications stored by a covered provider on behalf of a
covered journalist, including testimony or any document
relating to a personal account of a covered journalist or a
personal technology device of a covered journalist, unless--
(1) a court in the judicial district in which the subpoena
or other compulsory process is, or will be, issued--
(A) determines by a preponderance of the evidence that--
(i) providing the testimony or document is necessary to
prevent, or to identify any perpetrator of, an act of
terrorism against the United States;
(ii) providing the testimony or document is necessary to
prevent a threat of imminent violence, significant bodily
harm, or death, including specified offenses against a minor;
or
(iii) providing the testimony or document is necessary to
prevent the destruction or incapacitation of critical
infrastructure; and
(B) issues an order authorizing the Federal entity to
compel the provision of the testimony or document; or
(2) the covered journalist is the target of an ongoing
acquisition conducted in accordance with section 702 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a).
(b) Notice to Court.--A Federal entity seeking to compel
the provision of testimony or any document described in
subsection (a) under paragraph (1) of such subsection shall
inform the court that the testimony or document relates to a
covered journalist.
(c) Notice to Covered Journalist and Opportunity To Be
Heard.--
(1) In general.--A court may authorize a Federal entity to
compel the provision of testimony or a document under
subsection (a)(1) that will include the disclosure of
protected information only after the Federal entity seeking
the testimony or document provides the covered journalist to
whom the testimony relates or on behalf of whom the document
is stored--
(A) notice of the subpoena or other compulsory request for
such testimony or document from the covered service provider
not later than the time at which such subpoena or request is
issued to the covered service provider; and
(B) an opportunity to be heard before the court before the
time at which the provision of the testimony or document is
compelled.
(2) Exception to notice requirement.--
(A) In general.--Notice and an opportunity to be heard
under paragraph (1) may be delayed for not more than 45 days
if the court involved determines there is clear and
convincing evidence that such notice would pose a clear and
substantial threat to the integrity of a criminal
investigation, or would present an imminent risk of death or
serious bodily harm, including specified offenses against a
minor.
(B) Extensions.--The 45-day period described in
subparagraph (A) may be extended
[[Page S5054]]
by the court for additional periods of not more than 45 days
if the court involved makes a new and independent
determination that there is clear and convincing evidence
that providing notice to the covered journalist would pose a
clear and substantial threat to the integrity of a criminal
investigation, or would present an imminent risk of death or
serious bodily harm, including specified offenses against a
minor, under current circumstances.
SEC. 5005. LIMITATION ON CONTENT OF INFORMATION.
The content of any testimony, document, or protected
information that is compelled under section 5003 or 5004
shall--
(1) not be overbroad, unreasonable, or oppressive; and
(2) be narrowly tailored in subject matter and period of
time covered so as to avoid compelling the production of
peripheral, nonessential, or speculative information.
SEC. 5006. RULE OF CONSTRUCTION.
Nothing in this division shall be construed to--
(1) apply to civil defamation, slander, or libel claims or
defenses under State law, regardless of whether or not such
claims or defenses, respectively, are raised in a State or
Federal court;
(2) prevent the Federal Government from compelling the
disclosure of protected information from, or related to, a
covered journalist who is--
(A) suspected of committing a crime, other than a crime
relating to the seeking, solicitation, receipt, possession,
communication, or withholding of protected information;
(B) an agent of a foreign power, as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801);
(C) an individual or organization designated under
Executive Order 13224 (50 U.S.C. 1701 note; relating to
blocking property and prohibiting transactions with persons
who commit, threaten to commit, or support terrorism);
(D) a specially designated terrorist, as that term is
defined in section 595.311 of title 31, Code of Federal
Regulations (or any successor thereto);
(E) a terrorist organization, as that term is defined in
section 212(a)(3)(B)(vi)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)); or
(F) a member or affiliate of a foreign terrorist
organization designated under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(3) authorize the intentional targeting of a covered
journalist under section 702 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a) for the objective
of suppressing or burdening criticism, dissent, or the free
expression of ideas or political opinions by individuals or
the press;
(4) authorize the Federal Government to compel, without
complying with the requirements of this division, the
disclosure of protected information from, or related to, a
covered journalist who has only sought, solicited, received,
possessed, or published information of the Federal
Government, including classified information, in the course
of engaging in journalism;
(5) establish any additional authority to conduct
surveillance or compel a person to provide testimony,
documents, or information; or
(6) limit the authority of the Government to seek or obtain
an order under title I or III of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq., 1831 et
seq.).
______
SA 2809. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. CONTROL OF REMOTE ACCESS OF ITEMS UNDER THE EXPORT
CONTROL REFORM ACT OF 2018.
The Export Control Reform Act of 2018 is amended--
(1) in section 1742 (50 U.S.C. 4801), by adding at the end
the following:
``(15) Remote access.--The term `remote access' means
access to an item that is subject to the jurisdiction of the
United States (without regard to the physical location of the
item) and included on the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations, by a foreign person through a network
connection, including the internet or a cloud computing
service, from a location other than where the item is
physically located, to use the functions of the item if the
use of those functions may pose a serious risk to the
national security or foreign policy of the United States,
such as by--
``(A) training an artificial intelligence model that
could--
``(i) substantially lower the barrier of entry for experts
or non-experts to design, synthesize, acquire, or use
chemical, biological, radiological, or nuclear weapons or
weapons of mass destruction;
``(ii) enable offensive cyber operations through automated
vulnerability discovery and exploitation against a wide range
of potential targets of cyber attacks; or
``(iii) permit the evasion of human control or oversight of
automated systems through means of deception or obfuscation;
or
``(B) accessing a quantum computer that could enable
offensive cyber operations or other risks to national
security; or
``(C) accessing hacking tools.'';
(2) in section 1752 (50 U.S.C. 4811)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or remote access''
after ``export''; and
(ii) in subparagraph (B), by inserting ``or remote access''
after ``export''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``and in-country transfer of items'' and inserting ``in-
country transfer, and remote access of items''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``release'' and inserting ``release or remote access'';
(II) in clause (iv), by striking ``; or'' and inserting a
semicolon;
(III) in clause (v), by striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the following:
``(vi) offensive cyber operations.'';
(3) in section 1753 (50 U.S.C. 4812)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``and'' at the end;
(ii) in paragraph (2)(F), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) the remote access to--
``(A) items subject to the jurisdiction of the United
States (without regard to the physical location of the items)
that are determined by the President to warrant controls with
respect to access by foreign persons or countries of concern;
and
``(B) the functions of such items.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(ii) by inserting after paragraph (2) the following:
``(3) regulate the remote access by foreign persons of
items as described in subsection (a)(3);''; and
(C) in subsection (c)--
(i) by striking ``or in-country transfer'' each place it
appears and inserting ``in-country transfer, or remote
access''; and
(ii) by striking ``subsections (b)(1) or (b)(2)'' and
inserting ``subsections (b)(1), (b)(2), or (b)(3)'';
(4) in section 1754 (50 U.S.C. 4813)--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and in-country
transfers'' and inserting ``in-country transfers, and remote
access'';
(ii) in paragraph (4), by striking ``and in-country
transfers'' and inserting ``in-country transfers, and remote
access'';
(iii) in paragraph (5), by striking ``and in-country
transfers'' and inserting ``in-country transfers, and remote
access'';
(iv) in paragraph (10), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
remotely accessed'';
(v) in paragraph (11), by adding at the end before the
semicolon the following: ``or remote access''; and
(vi) in paragraph (15), by adding at the end before ``;
and'' the following: ``or remotely access (including the
provision thereof)'';
(B) in subsection (b), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remote
access''; and
(C) in subsection (d)(1), by amending subparagraph (A) to
read as follows:
``(A) the export, reexport, or in-country transfer of, or
remote access to, items described in paragraph (2), or remote
access to items described in section 1742(15), including, in
both cases, items that are not subject to control under this
part; and''.
(5) in section 1755(b)(2) (50 U.S.C. 4814(b)(2))--
(A) in subparagraph (C), by striking ``and in-country
transfers'' and inserting ``in-country transfers, and remote
access''; and
(B) in subparagraph (E), by striking ``and in-country
transfers'' and inserting ``in-country transfers, and remote
access''; and
(6) in section 1756 (50 U.S.C. 4815)--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``and in-country transfer'' and inserting
``in-country transfer, and remote access''; and
(B) in subsection (b), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remote
access'';
(7) in section 1757(a) (50 U.S.C. 4816(a)), by striking
``or in-country transfer'' and inserting ``in-country
transfer, or remote access''; and
(8) in section 1760 (50 U.S.C. 4819)--
(A) in subsection (a)(2)(F)(iii), by striking ``or in-
country transfer'' and inserting ``in-country transfer, or
remote access'';
(B) in subsection (c)(1)(C), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remotely
access (including the provision thereof)''; and
(C) in subsection (e)(1)(A)--
(i) in clause (i), by striking ``or in-country transfer
outside the United States any item'' and inserting ``in-
country transfer outside the United States any item, or
remotely access any item''; and
(ii) in clause (ii), by striking ``or in-country transfer''
and inserting ``in-country transfer, or remote access'';
(9) in section 1761 (50 U.S.C. 4820)--
(A) in subsection (a)(5), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
remotely accessed'';
[[Page S5055]]
(B) in subsection (d)(2), by striking ``export'' each place
it appears and inserting ``export control''; and
(C) in subsection (h)(1)(B), by striking ``or in-country
transfer'' and inserting ``in-country transfer, or remotely
access''; and
(10) in section 1767 (50 U.S.C. 4825)--
(A) in subsection (a), by striking ``or reexport'' and
inserting ``reexport, or remote access''; and
(B) in subsection (b)(2)--
(i) in subparagraph (A), by striking ``and in-country
transfer'' and inserting ``in-country transfer, and remote
access''; and
(ii) in subparagraph (C), by striking ``or in-country
transferred'' and inserting ``in-country transferred, or
remotely accessed''.
______
SA 2810. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title VIII, add the following:
SEC. 855. MODIFICATION TO PROCUREMENT REQUIREMENTS RELATING
TO RARE EARTH ELEMENTS AND STRATEGIC AND
CRITICAL MATERIALS.
(a) Modification Regarding Advanced Batteries in
Disclosures Concerning Rare Earth Elements and Strategic and
Critical Materials by Contractors of Department of Defense.--
Section 857 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
10 U.S.C. 4811 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``permanent magnet'' and inserting
``permanent magnet, or an advanced battery or advanced
battery component (as those terms are defined in section
40207(a) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18741(a))),''; and
(ii) by striking ``of the magnet'' and inserting ``of the
magnet, the advanced battery, or the advanced battery
component (as applicable)''; and
(B) by amending paragraph (2) to read as follows:
``(2) Elements.--A disclosure under paragraph (1) with
respect to a system described in that paragraph shall
include--
``(A) if the system includes a permanent magnet, an
identification of the country or countries in which--
``(i) any rare earth elements and strategic and critical
materials used in the magnet were mined;
``(ii) such elements and materials were refined into
oxides;
``(iii) such elements and materials were made into metals
and alloys; and
``(iv) the magnet was sintered or bonded and magnetized;
and
``(B) if the system includes an advanced battery or an
advanced battery component, an identification of the country
or countries in which--
``(i) any strategic and critical materials that are covered
minerals used in the battery or component were refined,
processed, or reprocessed;
``(ii) any strategic and critical materials that are
covered minerals and that were manufactured into the battery
or component; and
``(iii) the battery cell, module, and pack of the battery
or component were manufactured and assembled.''; and
(2) by amending subsection (d) to read as follows:
``(d) Definitions.--In this section:
``(1) The term `strategic and critical materials' means
materials designated as strategic and critical under section
3(a) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b(a)).
``(2) The term `covered minerals' means lithium, nickel,
cobalt, manganese, and graphite.''.
(b) Technical Amendments.--Subsection (a) of such section
857 is further amended--
(1) in paragraph (3), by striking ``provides the system''
and inserting ``provides the system as described in paragraph
(1)''; and
(2) in paragraph (4)(C), by striking ``a senior acquisition
executive'' and inserting ``a service acquisition
executive''.
______
SA 2811. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle F of title III, add the following:
SEC. 358. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS RELATING TO THE FOOD PROGRAM OF
THE DEPARTMENT OF DEFENSE.
Not later than 18 months after the date of the enactment of
this Act, the Secretary of Defense shall--
(1) implement the recommendations of the Comptroller
General of the United States contained in the report
published by the Comptroller General in June 2024 and titled
``DOD Food Program: Additional Actions Needed to Implement,
Oversee, and Evaluate Nutrition Efforts for Service Members''
(GAO-24-106155); or
(2) if the Secretary does not implement any such
recommendation, submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
explaining why the Secretary has not implemented those
recommendations.
______
SA 2812. Ms. CORTEZ MASTO (for herself and Mr. Mullin) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. DEFENSE CRITICAL ENERGY INFRASTRUCTURE SECURITY.
Section 215A of the Federal Power Act (16 U.S.C. 824o-1) is
amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``of the 48 contiguous
States or the District of Columbia'' and inserting ``State'';
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) Resilience.--The term `resilience' has the meaning
given the term in section 1304A(j) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17384a(j)).'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``the 48 contiguous States and the District
of Columbia'' and inserting ``any State''; and
(3) by adding at the end the following:
``(g) Authority to Address Vulnerabilities.--The Secretary
may, to the extent that funds are made available for such
purposes in advance in appropriations Acts, enter into
contracts or cooperative agreements with external providers
of energy--
``(1) to improve the security and resilience of defense
critical electric infrastructure; and
``(2) to reduce the vulnerability of critical defense
facilities designated under subsection (c) to the disruption
of the supply of energy to those facilities.''.
______
SA 2813. Ms. CORTEZ MASTO (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. STRENGTHENING OF AUTHORITY OF UNITED STATES SECRET
SERVICE TO INVESTIGATE FINANCIAL CRIMES.
(a) Expansion of United States Secret Service Investigative
Authorities.--Section 3056(b) of title 18, United States
Code, is amended--
(1) in paragraph (1), by striking ``or'' after ``871'' and
inserting ``, or 1960'' after ``879''; and
(2) in paragraph (3)--
(A) by inserting ``structured transactions,'' after
``devices,'';
(B) by striking ``federally insured''; and
(C) by inserting ``, as defined in section 5312 of title
31'' after ``institution''.
(b) Fincen Exchange.--Section 310(d)(3)(A) of title 31,
United States Code, is amended, in the matter preceding
clause (i), by striking ``5 years'' and inserting ``10
years''.
(c) International Financial Institutions.--Section 7125(b)
of the Otto Warmbier North Korea Nuclear Sanctions and
Enforcement Act of 2019 (22 U.S.C. 262p-13 note) is amended
by striking ``6'' and inserting ``10''.
______
SA 2814. Ms. CORTEZ MASTO (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. DISCLOSURE REQUIREMENTS RELATING TO OWNERSHIP,
STORAGE, AND MAINTENANCE OF INFORMATION IN A
FOREIGN ADVERSARY COUNTRY.
(a) Disclosure Requirements.--Beginning 1 year after the
date of enactment of this
[[Page S5056]]
Act, any person who owns, controls, or distributes access to
a covered service shall clearly and conspicuously disclose to
any individual who downloads or otherwise uses the covered
service the following:
(1) Whether the covered service is owned, wholly or
partially, by a foreign adversary country, by a foreign
adversary country-owned entity, or by a non-state-owned
entity located in a foreign adversary country.
(2) Whether information collected from the covered service
is stored and maintained in a foreign adversary country.
(3) Whether a foreign adversary country or a foreign
adversary country-owned entity has access to such
information.
(b) False Information.--It shall be unlawful for any person
to knowingly disclose false information under this section.
(c) Definitions.--In this section:
(1) Covered service defined.--The term ``covered service''
means an internet website or a mobile application that--
(A) is owned, wholly or partially, by a foreign adversary
country, by a foreign adversary country-owned entity, or by a
non-state-owned entity located in a foreign adversary
country; or
(B) stores and maintains information collected from such
website or application in a foreign adversary country.
(2) Foreign adversary country.--The term ``foreign
adversary country'' means a country specified in section
4872(d)(2) of title 10, United States Code.
(3) Individual.--The term ``individual'' means a natural
person residing in the United States.
(4) Non-state-owned entity located in a foreign adversary
country.--The term ``non-state-owned entity located in a
foreign adversary country'' means an entity that is--
(A) controlled (as such term is defined in section 800.208
of title 31, Code of Federal Regulations, or a successor
regulation) by any governmental organization of a foreign
adversary country; or
(B) organized under the laws of a foreign adversary
country.
(d) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of
this section is a violation of a rule defining an unfair or
deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of the federal trade commission.--
(A) In general.--The Federal Trade Commission shall enforce
this section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
(B) Privileges and immunities.--Any person that violates
this section shall be subject to the penalties, and entitled
to the privileges and immunities, provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(C) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
______
SA 2815. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title V, add the following:
SEC. 562. FACTORS FOR COUNSELING PATHWAYS UNDER TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (M) as subparagraph (R);
and
(2) by inserting after subparagraph (L) the following new
subparagraphs:
``(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the
Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while
on duty).
``(P) The effects of operating tempo and personnel tempo on
the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as
those terms are defined in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603).''.
______
SA 2816. Ms. CORTEZ MASTO (for herself and Mr. Crapo) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. INCREASE IN DAYS OF PAID LEAVE PROVIDED FOR CERTAIN
MILITARY SERVICE BY FEDERAL EMPLOYEES.
(a) In General.--Section 6323(a) of title 5, United States
Code, is amended by striking the second sentence and
inserting the following: ``Leave under this subsection
accrues for an employee or individual at the rate of 40 days
per fiscal year and, to the extent that it is not used in a
fiscal year, accumulates for use in succeeding fiscal years
until it totals not more than 20 days at the beginning of any
fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2025.
______
SA 2817. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1096. SOAR PERMANENT AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``SOAR
Permanent Authorization Act''.
(b) Amendments to the SOAR Act.--The Scholarships for
Opportunity and Results Act (division C of Public Law 112-10)
is amended--
(1) in section 3007 (sec. 38-1853.07 D.C. Official Code)--
(A) in subsection (a)(5)(A)(i), by striking subclause (I)
and inserting the following:
``(I) is fully accredited by an accrediting body with
jurisdiction in the District of Columbia or that is
recognized by the Student and Visitor Exchange English
Language Program administered by U.S. Immigration and Customs
Enforcement; or'';
(B) by striking subsection (c) and redesignating subsection
(d) as subsection (c);
(C) in subsection (b)--
(i) in the subsection heading, by striking ``and Parental
Assistance'' and inserting ``, Parental Assistance, and
Student Academic Assistance'';
(ii) in the matter preceding paragraph (1), by striking
``$2,000,000'' and inserting ``$2,200,000''; and
(iii) by adding at the end the following:
``(3) The expenses of providing tutoring service to
participating eligible students that need additional academic
assistance. If there are insufficient funds to provide
tutoring services to all such students in a year, the
eligible entity shall give priority in such year to students
who previously attended an elementary school or secondary
school identified as one of the lowest-performing schools
under the District of Columbia's accountability system.'';
and
(D) in subsection (c), as redesignated by subparagraph
(B)--
(i) in paragraph (2)(B), by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)''; and
(ii) in paragraph (3), by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)'';
(2) in section 3008(h) (sec. 38-1853.08(h) D.C. Official
Code)--
(A) in paragraph (1), by striking ``section
3009(a)(2)(A)(i)'' and inserting ``section 3009(a)'';
(B) by striking paragraph (2) and inserting the following:
``(2) Administration of tests.--The Institute of Education
Sciences may administer assessments to students participating
in the evaluation under section 3009(a) for the purpose of
conducting the evaluation under such section.''; and
(C) in paragraph (3), by striking ``the nationally norm-
referenced standardized test described in paragraph (2)'' and
inserting ``a nationally norm-referenced standardized test'';
(3) in section 3009(a) (sec. 38-1853.09(a) D.C. Official
Code)--
(A) in paragraph (1)(A), by striking ``annually'' and
inserting ``regularly'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) is rigorous; and''; and
(ii) in subparagraph (B), by striking ``impact of the
program'' and all that follows through the end of the
subparagraph and inserting ``impact of the program on
academic progress and educational attainment.'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking ``on education''
and inserting ``of education'';
(ii) in subparagraph (A)--
(I) by inserting ``the academic progress of'' after
``assess''; and
(II) by striking ``in each of grades 3'' and all that
follows through the end of the subparagraph and inserting ``;
and'';
(iii) by striking subparagraph (B); and
(iv) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``A comparison of the academic achievement
of participating eligible
[[Page S5057]]
students who use an opportunity scholarship on the
measurements described in paragraph (3)(B) to the academic
achievement'' and inserting ``The academic progress of
participating eligible students who use an opportunity
scholarship compared to the academic progress''; and
(II) by inserting ``, which may include students'' after
``students with similar backgrounds'';
(ii) in subparagraph (B), by striking ``increasing the
satisfaction of such parents and students with their choice''
and inserting ``those parents' and students' satisfaction
with the program'';
(iii) by striking subparagraph (D) through (F) and
inserting the following:
``(D) The high school graduation rates, college enrollment
rates, college persistence rates, and college graduation
rates of participating eligible students who use an
opportunity scholarship compared with the rates of public
school students described in subparagraph (A), to the extent
practicable.
``(E) The college enrollment rates, college persistence
rates, and college graduation rates of students who
participated in the program as the result of winning the
Opportunity Scholarship Program lottery compared to the
enrollment, persistence, and graduation rates for students
who entered but did not win such lottery and who, as a
result, served as the control group for previous evaluations
of the program under this division. Nothing in this
subparagraph may be construed to waive section
3004(a)(3)(A)(iii) with respect to any such student.
``(F) The safety of the schools attended by participating
eligible students who use an opportunity scholarship compared
with the schools attended by public school students described
in subparagraph (A), to the extent practicable.''; and
(iv) in subparagraph (G), by striking ``achievement'' and
inserting ``progress''; and
(4) in section 3014 (sec. 38-1853.14, D.C. Official Code)--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``$60,000,000 for fiscal year 2012 and for
each fiscal year through fiscal year 2023'' and inserting
``$75,000,000 for fiscal year 2024 and for each succeeding
fiscal year''; and
(B) in subsection (b), by striking ``$60,000,000'' and
inserting ``$75,000,000''.
______
SA 2818. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. COUNTERING EMERGING AERIAL THREATS TO DIPLOMATIC
SECURITY.
Title I of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a et seq.) is amended by adding at the
end the following:
``SEC. 65. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
``(a) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committee on Foreign Relations, the Committee on
the Judiciary, the Committee on Commerce, Science, and
Transportation, and the Select Committee on Intelligence of
the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
the Judiciary, the Committee on Transportation and
Infrastructure, the Committee on Energy and Commerce, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
``(2) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31,
United States Code.
``(3) The term `covered facility or asset' means any
facility or asset that--
``(A) is identified as high-risk and a potential target for
unlawful unmanned aircraft activity by the Secretary of
State, in coordination with the Secretary of Transportation
with respect to potentially impacted airspace, through a
risk-based assessment;
``(B) is located in the United States; and
``(C) directly relates to the security or protection
operations of the Department of State, including operations
pursuant to--
``(i) section 37; or
``(ii) the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4801 et seq.).
``(4) The terms `electronic communication', `intercept',
`oral communication', and `wire communication' have the
meanings given those terms in section 2510 of title 18,
United States Code.
``(5)(A) The term `personnel' means--
``(i) an officer, employee, or contractor of the Department
of State, who is authorized to perform duties that include
safety, security, or protection of people, facilities, or
assets; or
``(ii) an employee who is trained and certified to perform
those duties, including training specific to countering
unmanned aircraft threats and mitigating risks in the
national airspace.
``(B) To qualify for use of the authorities described in
subsection (b), a contractor conducting operations described
in that subsection must--
``(i) be directly contracted by the Department of State;
``(ii) provide, in the contract, insurance coverage
sufficient to compensate tort victims;
``(iii) operate at a government-owned or government-leased
facility or asset;
``(iv) not conduct inherently governmental functions;
``(v) be trained to safeguard privacy and civil liberties;
and
``(vi) be trained and certified, including use-of-force
training and certification, by the Department of State to
meet the established standards and regulations of the
Department of State.
``(6) The term `risk-based assessment' means an evaluation
of threat information specific to a covered facility or asset
and, with respect to potential impacts on the safety and
efficiency of the national airspace system and the needs of
law enforcement and national security at each covered
facility or asset identified by the Secretary of State, of
each of the following factors:
``(A) Potential impacts to safety, efficiency, and use of
the national airspace system, including potential effects on
manned aircraft and unmanned aircraft systems or unmanned
aircraft, aviation safety, airport operations,
infrastructure, and air navigation services relating to the
use of any system or technology for carrying out the actions
described in subsection (c).
``(B) Options for mitigating any identified impacts to the
national airspace system relating to the use of any system or
technology, including minimizing, when possible, the use of
any technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (c).
``(C) Potential consequences of the impacts of any actions
taken under subsection (c) to the national airspace system
and infrastructure if not mitigated.
``(D) The ability to provide reasonable advance notice to
aircraft operators consistent with the safety of the national
airspace system and the needs of law enforcement and national
security.
``(E) The setting and character of any covered facility or
asset, including--
``(i) whether the covered facility or asset is located in a
populated area or near other structures;
``(ii) whether the covered facility or asset is open to the
public;
``(iii) whether the covered facility or asset is used for
nongovernmental functions; and
``(iv) any potential for interference with wireless
communications or for injury or damage to persons or
property.
``(F) Potential consequences to national security, public
safety, or law enforcement if threats posed by unmanned
aircraft systems or unmanned aircraft are not mitigated or
defeated.
``(7) The terms `unmanned aircraft' and `unmanned aircraft
system' have the meanings given those terms in section 44801
of title 49, United States Code.
``(b) Authority of the Department of State.--
Notwithstanding section 46502 of title 49, United States
Code, or sections 32, 1030, 1367, and chapters 119 and 206 of
title 18, United States Code, the Secretary of State may
take, and may authorize personnel with assigned duties that
include the safety, security, or protection of people,
facilities, or assets to take, actions described in
subsection (c) that are necessary to detect, identify,
monitor, track, and mitigate a credible threat (as defined by
the Secretary of State, in consultation with the Secretary of
Transportation through the Administrator of the Federal
Aviation Administration) that an unmanned aircraft system or
unmanned aircraft poses to the safety or security of a
covered facility or asset.
``(c) Actions Described.--
``(1) In general.--The actions authorized by subsection (b)
are the following:
``(A) During the operation of the unmanned aircraft system
or unmanned aircraft, detect, identify, monitor, and track
the unmanned aircraft system or unmanned aircraft, without
prior consent, including by means of intercept or other
access of a wire communication, an oral communication, or an
electronic communication used to control the unmanned
aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft system or
unmanned aircraft, including by passive or active, and direct
or indirect, physical, electronic, radio, and electromagnetic
means.
``(C) Disrupt control of the unmanned aircraft system or
unmanned aircraft, without prior consent of the operator of
the unmanned aircraft system or unmanned aircraft, including
by disabling the unmanned aircraft system or unmanned
aircraft by intercepting, interfering, or causing
interference with wire, oral, electronic, or radio
communications used to control the unmanned aircraft system
or unmanned aircraft.
``(D) Seize or exercise control of the unmanned aircraft
system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned aircraft
system or unmanned aircraft.
[[Page S5058]]
``(F) Use reasonable force, if necessary, to disable,
damage, or destroy the unmanned aircraft system or unmanned
aircraft.
``(2) Temporary flight restrictions.--A temporary flight
restriction shall be timely published prior to undertaking
any actions described in paragraph (1).
``(d) Research, Testing, Training, and Evaluation.--
``(1) Requirement.--
``(A) In general.--Notwithstanding section 46502 of title
49, United States Code, or any provision of title 18, United
States Code, the Secretary of State shall conduct research,
testing, training on, and evaluation of any equipment,
including any electronic equipment, to determine the
capability and utility of the equipment prior to the use of
the equipment in carrying out any action described in
subsection (c).
``(B) Coordination.--Personnel and contractors who do not
have duties that include the safety, security, or protection
of people, facilities, or assets may engage in research,
testing, training, and evaluation activities pursuant to
subparagraph (A).
``(2) Coordination for research, testing, training, and
evaluation.--The Secretary of State shall coordinate
procedures governing research, testing, training, and
evaluation to carry out any provision under this subsection
with the Administrator of the Federal Aviation Administration
before initiating such activity in order that the
Administrator of the Federal Aviation Administration may
ensure the activity does not adversely impact or interfere
with safe airport operations, navigation, air traffic
services, or the safe and efficient operation of the national
airspace system.
``(e) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft that is seized by the Secretary of State pursuant to
subsection (b) is subject to forfeiture to the United States
pursuant to the provisions of chapter 46 of title 18, United
States Code.
``(f) Regulations and Guidance.--The Secretary of State,
and the Secretary of Transportation--
``(1) may prescribe regulations to carry out this section;
and
``(2) in developing regulations described in paragraph (1),
consult the Chair of the Federal Communications Commission,
the Administrator of the National Telecommunications and
Information Administration, and the Administrator of the
Federal Aviation Administration.
``(g) Coordination.--
``(1) In general.--The Secretary of State shall coordinate
with the Administrator of the Federal Aviation Administration
before carrying out any action authorized under this section
in order that the Administrator may ensure the action does
not adversely impact or interfere with--
``(A) safe airport operations;
``(B) navigation;
``(C) air traffic services; or
``(D) the safe and efficient operation of the national
airspace system.
``(2) Guidance.--Before issuing any guidance, or otherwise
implementing this section, the Secretary of State shall,
coordinate with--
``(A) the Secretary of Transportation in order that the
Secretary of Transportation may ensure the guidance or
implementation does not adversely impact or interfere with
any critical infrastructure relating to transportation; and
``(B) the Administrator of the Federal Aviation
Administration in order that the Administrator may ensure the
guidance or implementation does not adversely impact or
interfere with--
``(i) safe airport operations;
``(ii) navigation;
``(iii) air traffic services; or
``(iv) the safe and efficient operation of the national
airspace system.
``(3) Coordination with the faa.--The Secretary of State
shall coordinate the development of guidance under subsection
(f) with the Secretary of Transportation (through the
Administrator of the Federal Aviation Administration).
``(4) Coordination with the department of transportation
and national telecommunications and information
administration.--The Secretary of State shall coordinate the
development of the actions described in subsection (c) with
the Secretary of Transportation (through the Administrator of
the Federal Aviation Administration) and the Assistant
Secretary of Commerce for Communications and Information and
Administrator of the National Telecommunications and
Information Administration.
``(h) Privacy Protection.--
``(1) In general.--Any regulation or guidance issued to
carry out an action under subsection (c) by the Secretary of
State shall ensure for the Department of State, that--
``(A) the interception of, acquisition of, access to,
maintenance of, or use of any communication to or from an
unmanned aircraft system or unmanned aircraft under this
section is conducted in a manner consistent with the First
and Fourth Amendments to the Constitution of the United
States and any applicable provision of Federal law;
``(B) any communication to or from an unmanned aircraft
system or unmanned aircraft are intercepted or acquired only
to the extent necessary to support an action described in
subsection (c);
``(C) any record of a communication described in
subparagraph (B) is maintained only for as long as necessary,
and in no event for more than 180 days, unless the Secretary
of State determines that maintenance of the record is--
``(i) required under Federal law;
``(ii) necessary for the purpose of litigation; and
``(iii) necessary to investigate or prosecute a violation
of law, including by--
``(I) directly supporting an ongoing security operation; or
``(II) protecting against dangerous or unauthorized
activity by unmanned aircraft systems or unmanned aircraft;
and
``(D) a communication described in subparagraph (B) is not
disclosed to any person not employed or contracted by the
Department of State unless the disclosure--
``(i) is necessary to investigate or prosecute a violation
of law;
``(ii) will support--
``(I) the Department of Defense;
``(II) a Federal law enforcement, intelligence, or security
agency;
``(III) a State, local, Tribal, or territorial law
enforcement agency; or
``(IV) another relevant entity or person if the entity or
person is engaged in a security or protection operation;
``(iii) is necessary to support a department or agency
listed in clause (ii) in investigating or prosecuting a
violation of law;
``(iv) will support the enforcement activities of a Federal
regulatory agency relating to a criminal or civil
investigation of, or any regulatory, statutory, or other
enforcement action relating to, an action described in
subsection (c);
``(v) is between the Department of State and a Federal law
enforcement agency in the course of a security or protection
operation of either agency or a joint operation of such
agencies; or
``(vi) is otherwise required by law;
``(i) Budget.--
``(1) In general.--The Secretary of State shall submit to
Congress, as a part of the budget materials of the Department
of State for each fiscal year after fiscal year 2023, a
consolidated funding display that identifies the funding
source for the actions described in subsection (c) within the
Department of State.
``(2) Classification.--Each funding display submitted under
paragraph (1) shall be in unclassified form but may contain a
classified annex.
``(j) Public Disclosures.--
``(1) In general.--Information shall be governed by the
disclosure obligations set forth in section 552 of title 5,
United States Code (commonly known as the `Freedom of
Information Act'), if the information relates to--
``(A) any capability, limitation, or sensitive detail of
the operation of any technology used to carry out an action
described in subsection (c); or
``(B) an operational procedure or protocol used to carry
out this section.
``(2) Access.--Any request for public access to information
described in paragraph (1) shall be submitted to the
Department of State, which shall process the request as
required under section 552(a)(3) of title 5, United States
Code.
``(k) Assistance and Support.--
``(1) Facilities and services of other agencies and non-
federal entities.--
``(A) In general.--The Secretary of State is authorized to
use or accept from any other Federal agency, or any other
public or private entity, any supply or service to facilitate
or carry out any action described in subsection (c).
``(B) Reimbursement.--In accordance with subparagraph (A),
the Secretary of State may accept any supply or service with
or without reimbursement to the entity providing the supply
or service and notwithstanding any provision of law that
would prevent the use or acceptance of the supply or service.
``(C) Agreements.--To implement the requirements of
subsection (a)(3)(C), the Secretary of State may enter into 1
or more agreements with the head of another executive agency
or with an appropriate official of a non-Federal public or
private agency or entity, as may be necessary and proper to
carry out the responsibilities of the Secretary of State
under this section.
``(l) Semiannual Briefings and Notifications.--
``(1) In general.--On a semiannual basis beginning 180 days
after the date of the enactment of this section, the
Secretary of State shall provide a briefing to the
appropriate committees of Congress on the activities carried
out pursuant to this section.
``(2) Requirement.--The Secretary of State shall conduct
the briefing required under paragraph (1) jointly with the
Secretary of Transportation.
``(3) Content.--Each briefing required under paragraph (1)
shall include--
``(A) policies, programs, and procedures to mitigate or
eliminate impacts of activities carried out pursuant to this
section to the national airspace system and other critical
infrastructure relating to national transportation;
``(B) a description of--
``(i) each instance in which any action described in
subsection (c) has been taken, including any instances that
may have resulted in harm, damage, or loss to a person or to
private property;
``(ii) the guidance, policies, or procedures established by
the Secretary of State to address privacy, civil rights, and
civil liberties issues implicated by the actions permitted
under this section, as well as any changes or subsequent
efforts by the Secretary of State
[[Page S5059]]
that would significantly affect privacy, civil rights, or
civil liberties;
``(iii) options considered and steps taken by the Secretary
of State to mitigate any identified impacts to the national
airspace system relating to the use of any system or
technology, including the minimization of the use of any
technology that disrupts the transmission of radio or
electronic signals, for carrying out the actions described in
subsection (c); and
``(iv) each instance in which a communication intercepted
or acquired during the course of operations of an unmanned
aircraft system or unmanned aircraft was--
``(I) held in the possession of the Department of State for
more than 180 days; or
``(II) shared with any entity other than the Department of
State;
``(C) an explanation of how the Secretary of State and the
Secretary of Transportation have--
``(i) informed the public as to the possible use of
authorities granted under this section; and
``(ii) engaged with Federal, State, local, Tribal, and
territorial law enforcement agencies to implement and use
authorities granted under this section; and
``(D) a description of the impact of the authorities
granted under this section on--
``(i) lawful operator access to national airspace; and
``(ii) unmanned aircraft systems and unmanned aircraft
integration into the national airspace system.
``(4) Unclassified form.--Each briefing required under
paragraph (1) shall be in unclassified form but may be
accompanied by an additional classified briefing.
``(m) Rule of Construction.--Nothing in this section shall
be construed to--
``(1) vest in the Secretary of State any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration;
``(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary of State; or
``(3) provide a new basis of liability with respect to an
officer of a State, local, Tribal, or territorial law
enforcement agency who participates in a security or
protection operation of the Department of State and in so
doing--
``(A) is acting in the official capacity of the individual
as an officer; and
``(B) does not exercise the authority granted to the
Secretary of State by this section.
``(n) Termination.--The authority provided by subsection
(b) shall terminate on the date that is 4 years after the
date of the enactment of this section.
``(o) Scope of Authority.--Nothing in this section shall be
construed to provide the Secretary of State with additional
authorities beyond those described in subsection (b).''.
______
SA 2819. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. STUDY ON PHARMACEUTICAL INGREDIENTS.
The Secretary of Health and Human Services shall seek to
enter into an agreement with the RAND Corporation under which
the RAND Corporation--
(1) studies--
(A) the extent to which drug manufacturers use foreign
sources for precursor chemicals and active pharmaceutical
ingredients for the manufacture of drugs for the United
States market; and
(B) any statutory, regulatory, or other barriers to
domestic production of such chemicals and ingredients; and
(2) submits a report on such study to the Secretary of
Health and Human Services.
______
SA 2820. Mr. JOHNSON (for himself and Mrs. Shaheen) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. ELIGIBILITY OF TAIWAN FOR THE STRATEGIC TRADE
AUTHORIZATION EXCEPTION TO CERTAIN EXPORT
CONTROL LICENSING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Taiwan has adopted high standards in the field of
export controls.
(2) Taiwan has declared its unilateral adherence to the
Missile Technology Control Regime, the Wassenaar Arrangement,
the Australia Group, and the Nuclear Suppliers Group.
(3) At the request of President George W. Bush, section
1206 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 2321k note) required that
Taiwan be treated as if it were designated as a major non-
NATO ally (as defined in section 644(q) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2403(q)).
(b) Eligibility for Strategic Trade Authorization.--The
President, consistent with the commitments of the United
States under international arrangements, shall take steps so
that Taiwan may be treated as if it were included in the list
of countries eligible for the strategic trade authorization
exception under section 740.20(c)(1) of the Export
Administration Regulations to the requirement for a license
for the export, re-export, or in-country transfer of an item
subject to controls under the Export Administration
Regulations.
(c) Criteria.--Before the President may treat Taiwan as
eligible for the exception described in subsection (b), the
President shall ensure that Taiwan satisfies any applicable
criteria normally required for inclusion in the Country Group
A:5 list set forth in Supplement No. 1 to part 740 of the
Export Administration Regulations, particularly with respect
to alignment of export control policies with such policies of
the United States.
(d) Export Administration Regulations Defined.--In this
section, the term ``Export Administration Regulations'' has
the meaning given that term in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
______
SA 2821. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10____. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, shall submit to
Congress an assessment of large power transformers in the
United States.
(b) Requirements.--The assessment required under subsection
(a) shall include--
(1) an identification of the number of large power
transformers in the United States as of the date of the
assessment;
(2) a description of the age and condition of the large
power transformers identified under paragraph (1);
(3) an identification of the number of large power
transformers identified under paragraph (1) that require
replacement or significant repair as of the date of the
assessment;
(4) an estimate of the number of large power transformers
that would be required in the United States if there was a
need for recovery of the electric grid on a nationwide scale;
(5) an analysis of any deficiencies in the supply chain for
domestic production of large power transformers, including
any reliance on foreign materials or components;
(6) an identification of any gaps in the labor workforce
for domestic production of large power transformers and any
existing Federal workforce development programs that could
address the shortage; and
(7) a list of authorities and resources in existence as of
the date of the assessment that the Department of Energy or
another Federal agency could use to procure large power
transformers.
(c) Form.--The assessment required under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
______
SA 2822. Mr. RICKETTS submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. WAR RESERVE STOCK PROGRAM FOR TAIWAN.
(a) In General.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may
transfer to Taiwan any or all of the items described in
subsection (b).
(b) Items Described.--The items referred to in subsection
(a) are armor, artillery, automatic weapons ammunition,
missiles, and other munitions that--
(1) are obsolete or surplus items;
(2) are in the inventory of the Department of Defense;
(3) are intended for use as reserve stocks for Taiwan; and
(4) are located in a stockpile in Taiwan.
(c) Congressional Notification.--Not later than 30 days
before making a transfer under the authority of this section,
the President shall transmit a notification of the
[[Page S5060]]
proposed transfer to the Committee on Foreign Relations and
the Committee on Armed Services of the Senate and the
Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives. The notification
shall identify the items to be transferred and the
concessions to be received.
______
SA 2823. Mr. RICKETTS (for himself and Mr. Scott of South Carolina)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. MODIFICATIONS TO LIMITATIONS ON ASSISTANCE.
(a) Modifications to Limitation on Assistance to the
Palestinian Authority.--Section 620K of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378b) is amended--
(1) in subsection (a), by striking ``Hamas-controlled'' and
inserting ``Hamas-inclusive'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``is effectively'' and
all that follows through ``Palestinian Authority'' and
inserting ``employs Hamas members, or agents or affiliates of
Hamas, unless Hamas''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``Hamas-controlled'' and inserting ``Hamas-inclusive'';
(ii) in subparagraph (A), by striking ``security services''
and inserting ``agencies and security services''; and
(iii) in subparagraph (B), by inserting ``verifiably''
before ``dismantling'';
(3) in subsection (c) in the matter preceding paragraph
(1), by inserting ``for a period of not more than 2 years''
after ``thereafter'';
(4) by striking subsection (e);
(5) by redesignating subsection (f) as subsection (e); and
(6) by amending subsection (e)(2), as so redesignated, to
read as follows:
``(2) Foreign terrorist organization.--The term `foreign
terrorist organization' means--
``(A) an organization designated as a foreign terrorist
organization by the Secretary of State in accordance with
section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)); or
``(B) an entity designated pursuant to Executive Order No.
13224 (50 U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism).''.
(b) Modifications to Limitation on Assistance for the West
Bank and Gaza.--
(1) Modifications to the foreign assistance act of 1961.--
Section 620L of the Foreign Assistance Act of 1961 (22 U.S.C.
2378c) is amended--
(A) in subsection (b)--
(i) in paragraph (1), by inserting ``provided that such
assistance does not benefit Hamas or any other foreign
terrorist organization'' after ``human needs'';
(ii) in paragraph (2), by inserting ``or indirectly'' after
``directly'';
(iii) by striking paragraph (3);
(iv) by redesignating paragraph (4) as paragraph (3); and
(v) in paragraph (3)(B), as so redesignated--
(I) in clause (i), by striking ``; and'' and inserting a
semicolon;
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(iii) submits a confirmation to the appropriate
congressional committees that such assistance does not
directly or indirectly benefit Hamas or any other foreign
terrorist organization.''; and
(B) by amending subsection (e)(2) to read as follows:
``(2) Foreign terrorist organization defined.--The term
`foreign terrorist organization' means--
``(A) an organization designated as a foreign terrorist
organization by the Secretary of State in accordance with
section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)); or
``(B) an entity designated pursuant to Executive Order No.
13224 (50 U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism).''.
(2) Modifications to the taylor force act.--Section 1004 of
the Taylor Force Act (22 U.S.C. 2378c-1) is amended--
(A) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``or indirectly'' after
``directly''; and
(B) in subsection (f)(1)--
(i) by inserting ``or indirectly'' after ``directly''; and
(ii) by inserting ``or its agents or affiliates'' after
``the Palestinian Authority''.
______
SA 2824. Mr. SCOTT of South Carolina (for himself and Mr. Brown)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50
U.S.C. 4564(a)) is amended by striking ``September 30, 2025''
and inserting ``September 30, 2026''.
______
SA 2825. Mr. RICKETTS (for himself, Mr. Rubio, Mr. Budd, Mr. Tillis,
Mrs. Fischer, and Mr. Scott of South Carolina) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. ENHANCED CONGRESSIONAL NOTIFICATION REGARDING
SCIENCE AND TECHNOLOGY AGREEMENTS WITH THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Short Title.--This Act may be cited as the ``Science
and Technology Agreement Enhanced Congressional Notification
Act of 2023''.
(b) Notification Required.--Title I of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is
amended by adding at the end the following:
``SEC. 65. CONGRESSIONAL NOTIFICATION REGARDING SCIENCE AND
TECHNOLOGY AGREEMENTS WITH THE PEOPLE'S
REPUBLIC OF CHINA.
``(a) Notification Required.--The Secretary of State may
not enter into, renew, or extend any science and technology
agreement with the People's Republic of China until--
``(1) the Secretary submits to the appropriate
congressional committees a notification containing each of
the matters described in subsection (b); and
``(2) a period of not less than 30 days has elapsed
following such submission.
``(b) Matters Described.--The matters described in this
subsection are, with respect to the science and technology
agreement for which the notification is submitted, the
following:
``(1) A written notice of such agreement, including the
full text of such agreement.
``(2) A detailed justification for such agreement,
including an explanation as to why such agreement is in the
national security interests of the United States.
``(3) An assessment of the risks and potential effects of
such agreement, including any potential for the transfer
under such agreement of technology or intellectual property
capable of harming the national security interests of the
United States.
``(4) A detailed justification for how the Secretary
intends to address human rights concerns in any scientific
and technology collaboration proposed to be conducted under
such agreement.
``(5) An assessment of the extent to which the Secretary
will be able to continuously monitor the commitments made by
the People's Republic of China under such agreement.
``(6) Such other information relating to such agreement as
may be determined appropriate.
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations of the Senate; and
``(B) the Committee on Foreign Affairs of the House of
Representatives.
``(2) Science and technology agreement.--The term `science
and technology agreement' means any treaty, memorandum of
understanding, or other contract or agreement between the
United States and one or more foreign countries for the
purpose of collaborating on or otherwise engaging in joint
activities relating to scientific research, technological
development, or the sharing of scientific or technical
knowledge or resources between such countries.''.
(c) Applicability.--
(1) Definitions.--In this subsection, the terms
``appropriate congressional committees'' and ``science and
technology agreement'' have the meanings given such terms in
section 65(c) of the State Department Basic Authorities Act
of 1956, as added by subsection (b).
(2) In general.--The requirements under section 65 of such
Act shall apply with respect to science and technology
agreements entered into, renewed, or extended on or after the
date of the enactment of this Act.
(3) Existing agreements.--Any science and technology
agreement between the Secretary of State and the People's
Republic of China in effect as of the date of the enactment
of this Act shall be revoked on the date that is 60 days
after the date of the enactment of this Act unless, not later
than such
[[Page S5061]]
date, the Secretary of State submits to the appropriate
congressional committees a notification of such agreement
containing each of the matters described in section 65(b) of
such Act.
______
SA 2826. Mr. RICKETTS (for himself, Mrs. Shaheen, and Mr. Coons)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. IMPROVING MULTILATERAL COOPERATION TO IMPROVE THE
SECURITY OF TAIWAN.
(a) Short Titles.--This section may be cited as the
``Building Options for the Lasting Security of Taiwan through
European Resolve Act'' or the ``BOLSTER Act''.
(b) Findings.--Congress finds the following:
(1) In an October 2022 speech before the 20th National
Congress of the Chinese Communist Party, General Secretary Xi
Jinping declared that the People's Republic of China
(referred to in this section as the ``PRC'') has not ruled
out the use of force regarding Taiwan.
(2) The Office of the Director of National Intelligence's
Annual Threat Assessment of the U.S. Intelligence Community,
published on February 6, 2023, noted that ``Beijing is
working to meet its goal of fielding a military by 2027
designed to deter U.S. intervention in a future cross-Strait
crisis.''.
(3) The risk of economic disruption following a conflict in
the Taiwan Strait could amount to approximately
$2,000,000,000,000 in a blockade scenario, which would
immediately, and potentially irreversibly impact global trade
and investment, key supply chains for semiconductors, and
other trade and national security priorities.
(4) The European Union's foreign and security policy
service, the European External Action Service, recognizes
that the European Union may use sanctions to promote the
objectives of its Common Foreign and Security Policy, all of
which have potential relevance in the event of military
action or coercion against Taiwan.
(5) The European Union has imposed sanctions on--
(A) PRC officials and entities responsible for human rights
abuses in Xinjiang; and
(B) PRC entities for their support of Russia's illegal and
unprovoked war in Ukraine.
(6) In July 2022, Jorge Toledo Albinana, Ambassador of the
European Union to the People's Republic of China, said, ``In
the event of a military invasion [of Taiwan], we have made it
very clear that the European Union, with the United States
and its allies, will impose similar or even greater measures
than those we have now taken against Russia.''.
(7) On January 18, 2023, the European Parliament passed a
resolution calling upon ``all competent European Union
institutions to urgently draw up a scenario-based strategy
for tackling security challenges in Taiwan.''.
(8) In an April 18, 2023, speech to the European
Parliament, European Commission President Ursula von der
Leyen emphasized that the European Union ``stand[s] strongly
against any unilateral change of the status quo [in the
Taiwan Strait], in particular by the use of force.''.
(9) The PRC has supported Russia's illegal, full-scale
invasion of Ukraine by resupplying Russia's defense
industrial base.
(10) Taiwan has--
(A) aligned itself with European Union sanctions against
Russia in response to the full-scale invasion of Ukraine; and
(B) provided Ukraine more than $113,000,000 in financial
support and more than 950 metric tons of humanitarian
supplies.
(c) Consultations With European Governments Regarding
Sanctions Against the PRC Under Certain Circumstances.--
(1) In general.--The head of the Office of Sanctions
Coordination at the Department of State, in consultation with
the Director of the Office of Foreign Assets Control at the
Department of the Treasury, shall engage in regular
consultations with the International Special Envoy for the
Implementation of European Union Sanctions and appropriate
government officials of European countries, including the
United Kingdom, to develop coordinated plans and share
information on independent plans to impose sanctions and
other economic measures against the PRC, as appropriate, if
the PRC is found to be involved in--
(A) overthrowing or dismantling the governing institutions
in Taiwan, including engaging in disinformation campaigns in
Taiwan that promote the strategic interests of the PRC;
(B) occupying any territory controlled or administered by
Taiwan as of the date of the enactment of this Act;
(C) violating the territorial integrity of Taiwan;
(D) taking significant action against Taiwan, including--
(i) creating a naval blockade or other quarantine of
Taiwan;
(ii) seizing the outer lying islands of Taiwan; or
(iii) initiating a cyberattack that threatens civilian or
military infrastructure in Taiwan; or
(E) providing assistance that helps the security forces of
the Russian Federation in executing Russia's unprovoked,
illegal war against Ukraine.
(2) Semiannual congressional briefings.--Not later than 180
days after the date of the enactment of this Act, and
semiannually thereafter for the following 5 years, the head
of the Office of Sanctions Coordination shall provide a
briefing regarding the progress of the consultations required
under paragraph (1) to--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Financial Services of the House of
Representatives.
(d) Coordination of Humanitarian Support in a Taiwan
Contingency.--
(1) Plan.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the United States
Agency for International Development (referred to in this
section as the ``Administrator''), in coordination with the
Secretary of State, shall develop a plan to deliver
humanitarian aid to Taiwan in the event of a blockade,
quarantine, or military invasion of Taiwan by the People's
Liberation Army (referred to in this section as the ``PLA'').
(2) Consultation requirement.--In developing the plan
required under paragraph (1), the Administrator shall consult
with the European Commission's Emergency Response
Coordination Centre and appropriate government officials of
European countries regarding cooperation to provide aid to
Indo-Pacific countries as the result of a blockade,
quarantine, or military invasion of Taiwan by the PLA,
including the extent to which European countries could
backfill United States humanitarian aid to other parts of the
world.
(3) Congressional engagement.--Upon completion of the plan
required under paragraph (1), the Administrator shall provide
a briefing regarding the details of such plan and the
consultations required under paragraph (2) to the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(e) Report on the Economic Impacts of PRC Military Action
Against Taiwan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the President shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that contains an independent assessment of
the expected economic impact of--
(A) a 30-day blockade or quarantine of Taiwan by the PLA;
and
(B) a 180-day blockade or quarantine of Taiwan by the PLA.
(2) Assessment elements.--The assessment required under
paragraph (1) shall contain a description of--
(A) the impact of the blockade or quarantine of Taiwan on
global trade and output;
(B) the 10 economic sectors that would be most disrupted by
a sustained blockade of Taiwan by the PLA; and
(C) the expected economic impact of a sustained blockade of
Taiwan by the PLA on the domestic economies of European
countries that are members of NATO or the European Union.
(3) Independent assessment.--
(A) In general.--The assessment required under paragraph
(1) shall be conducted by a federally-funded research and
development center or another appropriate independent entity
with expertise in economic analysis.
(B) Use of data from previous studies.--The entity
conducting the assessment required under paragraph (1) may
use and incorporate information contained in previous studies
on matters relevant to the elements of the assessment.
(f) Consultations With the European Union and European
Governments Regarding Increasing Political and Economic
Relations With Taiwan.--
(1) Findings.--Congress finds the following:
(A) Representative offices in Taiwan have been established
by--
(i) 16 of the 27 European Union member states;
(ii) the European Union;
(iii) the United Kingdom; and
(iv) Switzerland.
(B) Taiwan has representative offices in--
(i) 19 of the 27 European Union countries;
(ii) the United Kingdom; and
(iii) Switzerland.
(C) The PRC has used its economic power to pressure
Taiwan's diplomatic allies to cut ties and switch diplomatic
recognition to the PRC, which has reduced Taiwan's diplomatic
allies to just 12, including The Holy See.
(D) On November 18, 2021, Taiwan formally opened the
Taiwanese Representative Office in Lithuania, which is the
first such office in Europe that uses Taiwan in its title
rather than the PRC-preferred title, ``Taipei'', despite
actions of economic coercion imposed on Lithuania by the PRC.
(E) Since 2020, legislative bodies in Poland, Lithuania,
France, Germany, the Netherlands, the Czech Republic, Italy,
Switzerland, Ireland, Belgium, Luxembourg, Sweden, Denmark,
and Slovakia have passed legislation or resolutions that call
for--
[[Page S5062]]
(i) deepening ties and exchanges with Taiwan;
(ii) supporting Taiwan's participation in international
organizations; or
(iii) maintaining the status quo in the Taiwan Strait.
(F) Since 2020, parliamentary delegations from Slovakia,
the Czech Republic, Poland, Lithuania, Germany, Spain,
France, Finland, Romania, Portugal, Belgium, Sweden, Ireland,
Italy, Estonia, Latvia, and the European Union have visited
Taiwan.
(G) In May 2023, representatives from the United Kingdom,
France, Germany, and the Czech Republic joined the United
States, Australia, and Japan in a joint statement calling for
Taiwan's inclusion in the 76th World Health Assembly.
(H) The November 2023 Group of 7 Japan 2023 Foreign
Ministers' Statement expressed ``support for Taiwan's
meaningful participation in international organizations,
including in the World Health Assembly and WHO technical
meetings.''.
(I) As of 2022, Taiwan was the European Union's 13th
largest trading partner overall and its 5th largest Asian
trading partner.
(J) Taiwan is a leading investor in the Czech Republic,
which currently hosts more than $1,000,000,000 in foreign
direct investment from Taiwan, resulting in thousands of jobs
for Czech citizens.
(K) From 2021 to 2022, trade between Lithuania and Taiwan
increased by 50 percent. Taiwan has invested in Lithuania's
emerging chip sector, laser companies, and other high-tech
industries.
(L) In June 2022, the European Commission, for the first
time, upgraded its trade and investment dialogues with
Taiwan, which had been ongoing at the technical level for
more than 20 years, to the ministerial and director-general
level for the first time in recognition of the benefit from
higher-level coordination.
(M) In August 2023, Taiwan Semiconductor Manufacturing
Company Limited announced partnerships with various European
technology firms and investments of $3,500,000,000 to build
its first semiconductor plant in Europe in Germany.
(N) On November 8, 2023, the Government of the United
Kingdom signed an Enhanced Trade Partnership agreement with
Taiwan. This is the first such agreement between Taiwan and a
European country.
(O) On December 13, 2023 the European Parliament passed a
resolution that--
(i) urges the European Union to pursue a resilient supply
chain agreement with Taiwan; and
(ii) calls for a bilateral investment agreement between
Taiwan and the European Union to enhance a 2-way partnership
in digital trade and cyber resilience.
(2) Sense of congress.--It is the sense of Congress that--
(A) the United States, Europe, and Taiwan are like-minded
partners that--
(i) share common values, such as democracy, the rule of law
and human rights; and
(ii) enjoy a close trade and economic partnership;
(B) bolstering political, economic, and people-to-people
relations with Taiwan would benefit the European Union,
individual European countries, and the United States;
(C) the European Union can play an important role in
helping Taiwan resist the economic coercion of the PRC by
negotiating with Taiwan regarding new economic, commercial,
and investment agreements;
(D) the United States and European countries should
coordinate and increase diplomatic efforts to facilitate
Taiwan's meaningful participation in international
organizations;
(E) the United States and European countries should--
(i) publicly and repeatedly emphasize the differences
between their respective ``One China'' policies and the PRC's
``One China'' principle; and
(ii) counter the PRC's propaganda and false narratives
about United Nations General Assembly Resolution 2758 (XXVI),
which claim the resolution recognizes PRC territorial claims
to Taiwan; and
(F) Taiwan's inclusion in the U.S.-EU Trade and Technology
Council's Secure Supply Chain working group would bring
valuable expertise and enhance transatlantic cooperation in
the semiconductor sector.
(3) Congressional briefing.--Not later than 180 days after
the date of the enactment of this Act, and semiannually
thereafter for the following 5 years, the Secretary of State
shall provide a briefing to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives regarding the Department of
State's engagements with the European Union and the
governments of European countries to increase political and
economic relations with Taiwan, including--
(A) public statements of support for Taiwan's democracy and
its meaningful participation in international organizations;
(B) unofficial diplomatic visits to and from Taiwan by
high-ranking government officials and parliamentarians;
(C) the establishment of parliamentary caucuses or groups
that promote strong relations with Taiwan;
(D) strengthening subnational diplomacy, including
diplomatic and trade-related visits to and from Taiwan by
local government officials;
(E) strengthening coordination between United States and
European business chambers, universities, think tanks, and
other civil society groups with similar groups in Taiwan;
(F) establishing new representative, economic, or cultural
offices in a European country or in Taiwan;
(G) promoting direct flights to and from Taiwan;
(H) facilitating visits by religious leaders to Taiwan; and
(I) increasing economic engagement and trade relations.
(g) Consultations With European Governments on Supporting
Taiwan's Self-defense.--
(1) Findings.--Congress finds the following:
(A) In September 2021, the European Commission released the
European Union Strategy for Cooperation in the Indo-Pacific,
which acknowledges that increased tensions between the PRC
and Taiwan could impact European security and economic
prosperity.
(B) In 2019, 2021, and 2023, the French Navy sent warships
to transit the Taiwan Strait and in 2021, the British Navy
frigate HMS Richmond transited the Taiwan Strait.
(C) In November 2021, the German Navy committed to sending
vessels to the Indo-Pacific every 2 years to expand
cooperation with like-minded states advocating for freedom of
navigation and a rules-based international order.
(D) European deterrence efforts in the Taiwan Strait
support the United States' strategic interests, as the United
States also sends warships through the Taiwan Strait to
promote deterrence and respond to aggressive behavior by the
PRC towards Taiwan.
(E) In April 2023, European Commission Vice-President Josep
Borrell Fontelles called on European navies to patrol the
Taiwan Strait to show Europe's commitment to freedom of
navigation.
(F) In August 2023, French President Emmanuel Macron signed
into law legislation emphasizing that France would defend
freedom of navigation in the Indo-Pacific region, including
the South China Sea and the Taiwan Strait.
(G) European countries, including France, Germany, the
United Kingdom, the Netherlands, the Czech Republic, and
Lithuania, have developed Indo-Pacific strategies.
(H) At the 2022 Madrid Summit, the North Atlantic Treaty
Organization unveiled a new Strategic Concept, stating that
allies will work together ``to address the systemic
challenges posed by the PRC to Euro-Atlantic security'' and
underscored the importance of the Indo-Pacific for NATO,
``given that developments in that region can directly affect
Euro-Atlantic security.''.
(I) In September 2022, the North Atlantic Council held its
first dedicated discussion about the status of Taiwan, its
democratic government, and its critical role in the
manufacturing of microchips globally.
(J) In 2022, the United Kingdom approved a substantial
increase in exports of submarine components and technology to
Taiwan to upgrade its naval forces.
(K) In 2024, Taiwan's defense ministry signed an agreement
with France's DCI Group for the supply of parts and
accessories to maintain its Lafayette-class frigates.
(2) Sense of congress.--It is the sense of Congress that--
(A) preserving peace and security in the Taiwan Strait is a
shared interest of the United States and Europe;
(B) European countries, particularly countries with
experience combating Russian aggression and malign
activities, can provide Taiwan with lessons learned from
their ``total defense'' programs to mobilize the military and
civilians in a time of crisis;
(C) the United States and Europe should increase
coordination to strengthen Taiwan's cybersecurity, especially
for critical infrastructure and network defense operations;
(D) the United States and Europe should work with Taiwan--
(i) to improve its energy resiliency;
(ii) to strengthen its food security;
(iii) to combat misinformation, disinformation, digital
authoritarianism, and foreign interference; and
(iv) to provide expertise on how to improve defense
infrastructure;
(E) European naval powers, in coordination with the United
States, should increase freedom of navigation transits
through the Taiwan Strait; and
(F) European naval powers, the United States, and Taiwan
should establish exchanges and partnerships among their coast
guards to counter coercion by the PRC.
(3) Congressional briefings.--Not later than 180 days after
the date of the enactment of this Act, and semiannually
thereafter for the following 5 years the Secretary of State,
in consultation with the Secretary of Defense, shall provide
a briefing to the Committee on Foreign Relations of the
Senate, the Committee on Armed Services of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Armed Services of the House of
Representatives regarding discussions with governments of
European NATO countries about contributions to Taiwan's self-
defense through--
(A) public statements of support for Taiwan's security;
(B) arms transfers or arms sales, particularly of weapons
consistent with an asymmetric defense strategy;
(C) transfers or sales of dual-use items and technology;
(D) transfers or sales of critical nonmilitary supplies,
such as food and medicine;
[[Page S5063]]
(E) increasing the military presence of such countries in
the Indo-Pacific region;
(F) joint training and military exercises;
(G) enhancing Taiwan's critical infrastructure resiliency,
including communication and digital infrastructure;
(H) coordination to counter disinformation;
(I) coordination to counter offensive cyber operations; and
(J) any other matter deemed important by the Secretary of
State and the Secretary of Defense.
(h) Expedited Licensing for European Countries Transferring
Military Equipment to Taiwan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
establish an expedited decision-making process for blanket
third party transfers of defense articles and services from
NATO countries to Taiwan, including transfers and re-
transfers of United States origin grant, Foreign Military
Sales, and Direct Commercial Sales end-items not covered by
an exemption under the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code
of Federal Regulations.
(2) Availability.--The expedited decision-making process
described in paragraph (1)--
(A) shall be available for classified and unclassified
items; and
(B) shall, to the extent practicable--
(i) require the approval, return, or denial of any
licensing application to export defense articles and services
that is related to a government-to-government agreement
within 15 days after the submission of such application; and
(ii) require the completion of the review of all other
licensing requests not later than 30 days after the
submission of such application.
______
SA 2827. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. ___. MODIFICATION REPORTING REQUIREMENTS FOR SENIOR
MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY
PRINCIPAL CYBER ADVISOR.
Section 392a(b) of title 10, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``the Under
Secretary of Defense for Policy'' and inserting ``the
Assistant Secretary of Defense for Cyber Policy''; and
(B) in subparagraph (B), by striking ``, the following:''
and all that follows through the period at the end and
inserting ``the Assistant Secretary of Defense for Cyber
Policy''; and
(2) in paragraph (3)(A)--
(A) in clause (ii), by striking ``Under Secretary'' and
inserting ``Assistant Secretary of Defense for Cyber
Policy'';
(B) in clause (iii), by striking ``Under Secretary of
Defense for Policy'' and inserting ``Assistant Secretary of
Defense for Cyber Policy''; and
(C) in clause (iv), by inserting ``of Defense for Policy''
after ``Under Secretary''.
______
SA 2828. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. __. REPORT ON PRICE ELASTICITY OF LABOR SUPPLY AT
SHIPYARDS AND SUPPLIER FIRMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the price elasticity of the labor supply for the industrial
base for building and maintaining naval vessels, including--
(1) private-sector shipyards;
(2) public-sector naval shipyards; and
(3) supplier firms.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the full cost of hiring and training
workers at shipyards and supplier firms.
(2) An assessment of the extent to which retention and
attrition of workers at shipyards and supplier firms is
related to pay and benefits for those workers.
(3) An assessment of the extent to which challenges in
recruiting and retaining desired numbers of workers at
shipyards and supplier firms can be met by increasing pay and
benefits for those workers.
(4) An assessment of the potential impact of such increases
in pay and benefits on costs for procuring and maintaining
naval vessels.
(5) An assessment of and recommendation for any
extraordinary relief that may be appropriate for the fixed-
price, multi-year procurement contracts for Virginia-class
submarines in order to increase pay and benefits for workers
at shipyards and supplier firms under those contracts.
(c) Contract Authority.--The Secretary of the Navy may
contract with a private entity for the preparation of the
report required by subsection (a).
(d) Congressional Defense Committees Defined.--In this
section, the term ``congressional defense committees'' has
the meaning given that term in section 101(a) of title 10,
United States Code.
______
SA 2829. Mr. CORNYN (for himself and Mr. Casey) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. REVIEW OF EXPORT CONTROLS ON ITEMS WITH CRITICAL
CAPABILITIES TO ENABLE HUMAN RIGHTS ABUSES.
(a) Statement of Policy.--It is the policy of the United
States to use export controls to the extent necessary to
further the protection of internationally recognized human
rights.
(b) Review of Items With Critical Capabilities To Enable
Human Rights Abuses.--Not later than 180 days after the date
of the enactment of this Act, and as appropriate thereafter,
the Secretary, in coordination with the Secretary of State,
the Director of National Intelligence, and the heads of other
Federal agencies as appropriate, shall conduct a review of
items subject to controls for crime control reasons pursuant
to section 742.7 of the Export Administration Regulations.
(c) Report Required.--
(1) In general.--In furtherance of the policy set forth in
subsection (a), not later than 180 days after completing the
review required by subsection (b), the Secretary, in
coordination with the heads of other Federal agencies as
appropriate, shall submit to the appropriate congressional
committees a report on whether additional export controls are
needed to protect human rights.
(2) Elements.--The report required by paragraph (1) shall
include consideration of--
(A) whether controls for crime control reasons pursuant to
section 742.7 of the Export Administration Regulations should
be imposed on additional items, including items with critical
capabilities to enable human rights abuses involving--
(i) censorship or social control;
(ii) surveillance, interception, or restriction of
communications;
(iii) monitoring or restricting access to or use of the
internet;
(iv) identification of individuals through facial or voice
recognition or biometric indicators; or
(v) DNA sequencing;
(B) whether end-use and end-user controls should be imposed
on the export, reexport, or in-country transfer of certain
items with critical capabilities to enable human rights
abuses that are subject to the Export Administration
Regulations if the person seeking to export, reexport, or
transfer the item has knowledge, or the Secretary determines
and so informs that person, that the end-user or ultimate
consignee will use the item to enable human rights abuses;
and
(C) the effects of multilateral cooperation with other
governments on implementing controls described in
subparagraphs (A) and (B).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(B) the Committee on Financial Services of the House of
Representatives.
(2) End-user; knowledge; ultimate consignee.--The terms
``end-user'', ``knowledge'', and ``ultimate consignee'' have
the meanings given those terms in section 772.1 of the Export
Administration Regulations.
(3) Export; export administration regulations; in-country
transfer; item; reexport.--The terms ``export'', ``Export
Administration Regulations'', ``in-country transfer'',
``item'', and ``reexport'' have the meanings given those
terms in section 1742 of the Export Control Reform Act of
2018 (50 U.S.C. 4801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
______
SA 2830. Mr. LANKFORD (for himself and Ms. Sinema) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal
[[Page S5064]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. PORT MAINTENANCE.
(a) In General.--Section 411(o) of the Homeland Security
Act of 2002 (6 U.S.C. 211(o)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Port maintenance.--
``(A) Procedures.--
``(i) In general.--Subject to subparagraphs (B) and (C),
the Commissioner, in consultation with the Administrator of
the General Services Administration--
``(I) shall establish procedures by which U.S. Customs and
Border Protection may conduct maintenance and repair projects
costing not more than $300,000 at any Federal Government-
owned port of entry where the Office of Field Operations
performs any of the activities described in subparagraphs (A)
through (G) of subsection (g)(3); and
``(II) is authorized to perform such maintenance and repair
projects, subject to the procedures described in clause (ii).
``(ii) Procedures described.--The procedures established
pursuant to clause (i) shall include--
``(I) a description of the types of projects that may be
carried out pursuant to clause (i); and
``(II) the procedures for identifying and addressing any
impacts on other tenants of facilities where such projects
will be carried out.
``(iii) Publication of procedures.--All of the procedures
established pursuant to clause (i) shall be published in the
Federal Register.
``(iv) Rule of construction.--The publication of procedures
under clause (iii) shall not impact the authority of the
Commissioner to update such procedures, in consultation with
the Administrator, as appropriate.
``(B) Limitation.--The authority under subparagraph (A)
shall only be available for maintenance and repair projects
involving existing infrastructure, property, and capital at
any port of entry described in subparagraph (A).
``(C) Annual adjustments.--The Commissioner shall annually
adjust the amount described in subparagraph (A) by the
percentage (if any) by which the Consumer Price Index for All
Urban Consumers for the month of June preceding the date on
which such adjustment takes effect exceeds the Consumer Price
Index for All Urban Consumers for the same month of the
preceding calendar year.
``(D) Rule of construction.--Nothing in this paragraph may
be construed to affect the availability of funding from--
``(i) the Federal Buildings Fund established under section
592 of title 40, United States Code;
``(ii) the Donation Acceptance Program established under
section 482; or
``(iii) any other statutory authority or appropriation for
projects described in subparagraph (A).''.
(b) Reporting.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Commissioner of U.S. Customs and Border Protection shall
submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Appropriations of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Appropriations of the House of Representatives that
includes the elements described in paragraph (2).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a summary of all maintenance projects conducted
pursuant to section 411(o)(3) of the Homeland Security Act of
2002, as added by subsection (a) during the prior fiscal
year;
(B) the cost of each project referred to in subparagraph
(A);
(C) the account that funded each such project, if
applicable; and
(D) any budgetary transfers, if applicable, that funded
each such project.
(c) Technical Amendment.--Section 422(a) of the Homeland
Security Act of 2002 (6 U.S.C. 232(a)) is amended by
inserting ``section 411(o)(3) of this Act and'' after
``Administrator under''.
______
SA 2831. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. BENEFICIAL OWNERSHIP INFORMATION REPORTING.
Section 5336(b)(5) of title 31, United States Code, is
amended by striking ``1 year after the date of enactment of
this section'' and inserting ``January 1, 2026''.
______
SA 2832. Mr. LANKFORD (for himself and Mr. Kelly) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SECTION 1049. OFFICE OF FIELD OPERATIONS IMAGE TECHNICIAN
PILOT PROGRAM.
(a) Short Title.--This Act may be cited as the ``Border
Enforcement, Security, and Trade (BEST) Facilitation Act of
2023''.
(b) In General.--Section 411(g) of the Homeland Security
Act of 2002 (6 U.S.C. 211(g)) is amended by adding at the end
the following:
``(6) Image technician pilot program.--
``(A) Image technician 1.--
``(i) In general.--There shall be in the Office of Field
Operations, Image Technician 1 positions, which shall be
filled in accordance with the provisions under chapter 33
(relating to appointments in the competitive service) and
chapters 51 and 53 (relating to classification and rates of
pay) of title 5, United States Code.
``(ii) Conditions.--Image Technician 1 positions--
``(I) may be filled by existing U.S. Customs and Border
Protection employees;
``(II) are not law enforcement officer positions; and
``(III) may not be filled by independent contractors.
``(iii) Duties.--The duties of an Image Technician 1 shall
include--
``(I) reviewing non-intrusive inspection images of
conveyances and containers entering or exiting the United
States through a land, sea, or air port of entry or
international rail crossing;
``(II) assessing whether images of conveyances and
containers appear to contain anomalies indicating the
potential presence of contraband, persons unlawfully seeking
to enter or exit the United States, or illicitly concealed
merchandise, including illicit drugs and terrorist weapons;
``(III) recommending entry release or exit release for any
conveyances and containers whenever the images of such items
do not include noticeable anomalies indicating the potential
presence of contraband, persons seeking to unlawfully enter
or exit the United States, or illicitly concealed
merchandise, including illicit drugs or terrorist weapons, to
the U.S. Customs and Border Protection Officer responsible
for inspecting such conveyance or container; and
``(IV) recommending further inspection of any conveyances
and containers whenever the Image Technician reasonably
believes that an image of any such item contains anomalies
indicating the potential presence of contraband, persons
seeking to unlawfully enter or exit the United States, or
illicitly concealed merchandise, such as illicit drugs or
terrorist weapons, to the U.S. Customs and Border Protection
officer who is responsible for inspecting such conveyance or
container.
``(B) Image technician 2.--
``(i) In general.--There shall be in the Office of Field
Operations, Image Technician 2 positions, which shall be
filled in accordance with the provisions under chapter 33
(relating to appointments in the competitive service) and
chapters 51 and 53 (relating to classification and rates of
pay) of title 5, United States Code.
``(ii) Conditions.--Image Technician 2 positions--
``(I) may be filled by existing U.S. Customs and Border
Protection employees;
``(II) are not law enforcement officer positions; and
``(III) may not be filled by independent contractors.
``(iii) Duties.--The duties of an Image Technician 2 shall
include--
``(I) carrying out all of the duties described in
subclauses (I) through (IV) of subparagraph (A)(ii);
``(II) receiving intelligence from the National Targeting
Center regarding tactics, techniques, and procedures being
used at ports of entry and in the border environment by
malign actors to facilitate the unlawful entry or exit of
contraband, persons, or illicitly concealed merchandise, such
as illicit drugs or terrorist weapons; and
``(III) reporting new information to the National Targeting
Center regarding tactics, techniques, and procedures being
used at ports of entry and in the border environment by
malign actors to facilitate the unlawful entry or exit of
contraband, persons, or concealed merchandise, such as
illicit drugs or terrorist weapons.
``(C) Supervisory u.s. customs and border protection
officers.--
``(i) Supervision.--All image technicians shall be
supervised by a Supervisory U.S. Customs and Border
Protection Officer.
``(ii) Discretion and decision-making authority.--The
appropriate Supervisory U.S. Customs and Border Protection
Officer, while working with image technicians, shall retain
the discretion and final decision-making authority--
``(I) to release conveyances or cargo for entry; or
``(II) to refer such conveyance or cargo for further
inspection.
[[Page S5065]]
``(iii) Training.--A Supervisory U.S. Customs and Border
Protection Officer who supervises image technicians shall
receive additional training in accordance with subparagraph
(D).
``(D) Training requirements.--All image technicians shall
receive annual training and additional ad hoc training, to
the extent necessary based on current trends, regarding--
``(i) respecting privacy, civil rights, and civil
liberties, including the protections against unreasonable
searches and seizures afforded by the First and Fourth
Amendments to the Constitution of the United States;
``(ii) analyzing images generated by non-intrusive
inspection technologies or any successor technologies
deployed by U.S. Customs and Border Protection;
``(iii) identifying commodities and merchandise in images
generated by non-intrusive inspection technologies or any
successor technologies deployed by U.S. Customs and Border
Protection;
``(iv) identifying contraband, persons who are seeking to
unlawfully enter or exit the United States, or illicitly
concealed merchandise, such as illicit drugs or terrorist
weapons, in images generated by non-intrusive technologies or
any successor technologies deployed by U.S. Customs and
Border Protection;
``(v) tactics, techniques, and procedures being used at
ports of entry and in the border environment by malign actors
to facilitate the unlawful entry or exit of contraband,
persons, or illicitly concealed merchandise, such as illicit
drugs or terrorist weapons; and
``(vi) any other training that the Commissioner of U.S.
Customs and Border Protection determines to be relevant to
the duties described in subparagraphs (A)(iii) or (B)(iii).
``(E) Annual assessment.--All image technicians shall
receive annual testing with respect to their--
``(i) accuracy in image analysis;
``(ii) timeliness in image analysis; and
``(iii) ability to ascertain tactics, techniques, and
procedures being used at ports of entry and in the border
environment by malign actors to facilitate the unlawful entry
or exit of contraband, persons, or illicitly concealed
merchandise, such as illicit drugs or terrorist weapons.
``(F) Command centers.--As part of the pilot program
established under this paragraph, the Executive Assistant
Commissioner of the Office of Field Operations shall
establish 12 regional command centers at land, rail, air, and
sea ports in which image technicians shall review non-
intrusive inspection images.
``(G) Rule of construction.--Nothing in this paragraph may
be construed to affect the discretion and final decision-
making authority given to U.S. Customs and Border Protection
Officers to release conveyances or cargo for entry or exit or
to refer such conveyances or cargo for further inspection.''.
(c) Effective Date.--
(1) Sunset.--The amendment made by subsection (b) shall
cease to have effect on the date that is 5 years after the
date of the enactment of this Act.
(2) Transfers authorized.--Upon the termination of the
pilot program established by section 411(g)(6) of the
Homeland Security Act of 2002, as added by subsection (a),
individuals occupying Image Technician 1 or Image Technician
2 positions in the Office of Field Operations may transfer to
comparable positions within U.S. Customs and Border
Protection or the Department of Homeland Security.
(d) Semiannual Reports.--Not later than 180 days after the
hiring of the first positions described in section 411(g)(6)
of the Homeland Security Act of 2002, as added by subsection
(b), and every 180 days thereafter, the Commissioner of U.S.
Customs and Border Protection, in consultation with the
Executive Assistant Commissioner of the Office of Field
Operations, shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives that identifies--
(1) the number of Image Technician 1 and Image Technician 2
positions filled during the reporting period;
(2) the number of Image Technician 1 and Image Technician 2
positions currently employed by the Office of Field
Operations, disaggregated by--
(A) port of entry or field office;
(B) image technician position; and
(C) command center, as applicable;
(3) the daily average number of images scanned by each
Image Technician 1 and each Image Technician 2;
(4) training methodologies utilized to train image
technicians;
(5) assessment passage rates of image technicians;
(6) the impact of image technicians on interdiction rates
at ports of entry and international rail crossings at which
image technicians are stationed or from which image
technicians review images, including--
(A) throughput increases or decreases at such ports of
entry and international rail crossings;
(B) increases or decreases in waiting times at such ports
of entry and international rail crossings;
(C) average wait times at such ports of entry and
international rail crossings; and
(D) increases or decreases of seizures of contraband,
persons seeking to unlawfully enter or exit the United
States, or illicitly concealed merchandise, such as illicit
drugs or terrorist weapons, broken down by type of seizure
and port of entry or international rail crossing;
(7) the impact of image technicians on U.S. Customs and
Border Protection's capability to review non-intrusive
inspection images of conveyances and containers entering or
exiting the United States through a land, sea, or air port of
entry or international rail crossing;
(8) an assessment of the effectiveness with which image
technicians carry out the duties described in subparagraphs
(A)(iii) and (B)(iii) of section 411(g)(6) of the Homeland
Security Act of 2002, as added by section 2(a), compared to
any U.S. Customs and Border Protection officers who are
assigned such duties.
(9) the progress made in establishing command centers under
the pilot program established by such section;
(10) any infrastructure or resource needs required to
establish such command centers; and
(11) the ports of entry and international rail crossing, as
applicable, that are supported by such a command center.
(e) Biannual Briefings.--The Executive Assistant
Commissioner of the Office of Field Operations shall provide
biannual briefings to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding
the information described in the latest report submitted
pursuant to subsection (d).
______
SA 2833. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 705, in the new section 1074p, strike
subsection (b) and insert the following:
``(b) Fertility Treatment Defined.--In this section, the
term `fertility treatment'--
``(1) includes--
``(A) in vitro fertilization or other treatments or
procedures in which human oocytes, embryos, or sperm are
handled when clinically appropriate;
``(B) Sperm retrieval;
``(C) Egg retrieval;
``(D) Preservation of human oocytes, embryos, or sperm for
later reproductive use;
``(E) Artificial insemination, including intravaginal
insemination, intracervical insemination, and intrauterine
insemination;
``(F) Transfer of reproductive genetic material;
``(G) Medications as prescribed or necessary for fertility;
``(H) Fertility treatment coordination; and
``(I) Such other information, referrals, treatments,
procedures, testing, medications, laboratory services,
technologies, and services facilitating reproduction as
determined appropriate by the Secretary of Defense; and
``(2) excludes human cloning, artificial womb technology,
international surrogacy, or any treatments involving the use
of preimplantation genetic testing, or another form of
genetic diagnosis, to select an embryo based on its sex,
physical features, potential intelligence quotient (IQ)
level, or genetic profile.''.
______
SA 2834. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At end of subtitle B of title III, add the following:
SEC. 318. MODIFICATIONS TO SALE OF ROYALTIES FOR ENERGY
RESILIENCE PURPOSES.
Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is
amended by striking the period at the end and inserting ``:
Provided, however, At the request of the Secretary of
Defense, the Secretary of the Interior shall sell royalties
at or below market price to the Department of Defense for use
only on military installations, and only for energy
resilience purposes, and only to the extent that such
royalties do not exceed the oil and gas needs of the
installation: And provided further, That the Secretary of
Defense may not store or sale any royalties received in
excess of such needs.''.
______
SA 2835. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S5066]]
At end of subtitle B of title III, add the following:
SEC. 318. MODIFICATIONS TO SALE OF ROYALTIES FOR ENERGY
RESILIENCE PURPOSES.
Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is
amended by striking the period at the end and inserting ``:
Provided, however, At the request of the Secretary of
Defense, only for the purposes of a Department of Defense
energy resilience pilot program, the Secretary of the
Interior shall sell royalties at or below market price to the
Department of Defense for use only on military installations,
and only for energy resilience purposes, and only to the
extent that such royalties do not exceed the oil and gas
needs of the installation: And provided further, That the
Secretary of Defense may not store or sale any royalties
received in excess of such needs.''.
______
SA 2836. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, 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. ___. EXTENSION AND MODIFICATION OF DIRECT HIRE AUTHORITY
FOR DOMESTIC INDUSTRIAL BASE FACILITIES AND
MAJOR RANGE AND TEST FACILITIES BASE.
(a) Extension.--Section 1125(a) of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note
prec.; Public Law 114-328) is amended by striking ``through
2028'' and inserting ``through 2035''.
(b) Definition of Defense Industrial Base Facility.--
Section 1125(c) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law 114-
328) is amended by inserting ``and includes supporting units
of a facility at an installation or base'' after ``United
States''.
(c) Briefing.--Section 1102(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1628), as amended by section 1107(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1597), is further amended--
(1) in the matter preceding paragraph (1), by striking
``through 2025'' and inserting ``through 2035''; and
(2) in paragraph (1), by striking ``(as amended by
subsection (a))''.
______
SA 2837. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, 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. ___. MODIFICATION OF DEFINITION RELATING TO DIRECT HIRE
AUTHORITY FOR DOMESTIC INDUSTRIAL BASE
FACILITIES.
Section 1125(c) of the National Defense Authorization Act
for Fiscal Year 2017 (10 U.S.C. 1580 note prec.; Public Law
114-328) is amended by inserting ``and includes supporting
units of a facility at an installation or base'' after
``United States''.
______
SA 2838. Mr. LANKFORD (for himself, Mr. Cornyn, Mr. Warnock, Mr.
Cruz, Ms. Rosen, Mr. Lee, and Mr. Ossoff) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, 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. __. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE
ARMED FORCES TO CERTAIN POSITIONS IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 3326 of title 5, United States
Code, is amended--
(1) in the section heading, by inserting ``certain'' before
``positions''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``appointed'' and all that follows through ``Defense'' and
inserting ``appointed to a position in the excepted or
competitive service classified at or above GS-14 of the
General Schedule (or equivalent) in or under the Department
of Defense''; and
(B) in paragraph (1), by striking ``for the purpose'' and
all that follows through ``Management''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 33 of such title is amended by striking
the item relating to section 3326 and inserting the following
new item:
``3326. Appointments of retired members of the armed forces to certain
positions in the Department of Defense.''.
______
SA 2839. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. SUBMISSION OF REQUESTS FOR ASSISTANCE ALONG THE
SOUTHERN BORDER.
(a) In General.--The Secretary of Homeland Security shall
make every effort to submit to the Secretary of Defense a
request for assistance for personnel or capabilities along
the southern border of the United States not later than 250
days before the requested deployment of such personnel or
capabilities.
(b) Contents.--A request for assistance submitted in
accordance with subsection (a) shall specify the capabilities
necessary to assist the Secretary of Homeland Security and
the Commissioner for U.S. Customs and Border Protection in
fulfilling the relevant mission along the southern border,
rather than specifying the requested number of troops.
(c) Waiver.--The Secretary of Homeland Security, with the
concurrence of the Secretary of Defense, may waive the 250-
day period referred to in subsection (a) if the Secretary of
Homeland Security--
(1) determines that doing so is in the national security
interest of the United States due to exigent circumstances;
and
(2) notifies and provides reasoning for requesting a waiver
to the congressional defense committees, the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives not later than 24 hours after such request.
______
SA 2840. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SUBMISSION OF REQUESTS FOR ASSISTANCE ALONG THE
SOUTHERN BORDER.
(a) In General.--The Secretary of Homeland Security shall
make every effort to submit a request for assistance for
personnel or capabilities along the southern border of the
United States not later than 180 days before the requested
deployment of such personnel or capabilities.
(b) Contents.-- A request for assistance submitted in
accordance with subsection (a) shall specify the capabilities
necessary to assist the Secretary of Homeland Security and
the Commissioner of U.S. Customs and Border Protection in
fulfilling the relevant mission along the southern border.
(c) Notification Requirements.--
(1) Ongoing notifications.--Not later than 90 days after
the date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate a
notification describing--
(A) efforts by the Department of Homeland Security to
develop and transmit to the Department of Defense requests
for assistance along the southern border of the United
States; and
(B) progress toward ensuring that such requests for
assistance are submitted to the Department of Defense not
later than 180 days before the requested deployment of such
personnel or capabilities.
(2) Notification of transmittal.-- Upon transmitting a
request for assistance to the Department of Defense, the
Secretary of Homeland Security shall submit to the
appropriate congressional committees a notification of the
transmission, which shall include--
(A) a copy of the request for assistance; and
(B) a description of the number of days prior to the
requested deployment of such personnel or capabilities the
request for assistance was transmitted.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate;
and
(2) the Committee on Homeland Security and the Committee on
Armed Services of the House of Representatives.
______
SA 2841. Mr. LANKFORD (for himself, Mr. Bennet, and Mr. Tillis)
submitted an amendment intended to be
[[Page S5067]]
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. SOIL ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Security and Oversight for International Landholdings Act
of 2024'' or the ``SOIL Act of 2024''.
(b) Review by Committee on Foreign Investment in the United
States of Certain Agricultural Real Estate Transactions.--
Section 721(a)(4) of the Defense Production Act of 1950 (50
U.S.C. 4565(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``; and'' and inserting a
semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) any transaction described in clause (vi) or (vii)
of subparagraph (B) proposed or pending on or after the date
of the enactment of this clause.''; and
(2) in subparagraph (B), by adding at the end the
following:
``(vi) Any acquisition or transfer of an interest, other
than a security, in agricultural land held by a person that
is a national of, or is organized under the laws or otherwise
subject to the jurisdiction of, a country--
``(I) designated as a nonmarket economy country pursuant to
section 771(18) of the Tariff Act of 1930 (19 U.S.C.
1677(18)); or
``(II) identified as a country that poses as risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b)(commonly
known as the `Annual Threat Assessment').''.
(c) Review by Committee on Foreign Investment in the United
States of Real Estate Transactions Near Military
Installations.--Section 721(a)(4)(B) of the Defense
Production Act of 1950 (50 U.S.C. 4565(a)(4)(B)), as amended
by section 2, is amended by adding at the end the following:
``(vii) Any acquisition or transfer of an interest, other
than a security, in any form of real estate that is located
not more than 50 miles from a site listed in Appendix A to
part 802 of title 31, Code of Federal Regulations or other
military installation (as that term is defined in section
802.227 of title 31, Code of Federal Regulations) other than
residential property held by a person that is a national of,
or is organized under the laws or otherwise subject to the
jurisdiction of, a country--
``(I) designated as a nonmarket economy country pursuant to
section 771(18) of the Tariff Act of 1930 (19 U.S.C.
1677(18)); or
``(II) identified as a country that poses as risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b)(commonly
known as the `Annual Threat Assessment').''.
(d) Prohibition on Use of Funds for Certain Agricultural
Real Estate Holdings.--No assistance, including subsidies,
may be provided by any Federal agency to a person for an
agricultural real estate holding wholly or partly owned by a
person that is a national of, or is organized under the laws
or otherwise subject to the jurisdiction of, a country--
(1) designated as a nonmarket economy country pursuant to
section 771(18) of the Tariff Act of 1930 (19 U.S.C.
1677(18)); or
(2) identified as a country that poses as risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 (50 U.S.C. 3043b)(commonly
known as the ``Annual Threat Assessment'').
______
SA 2842. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. GRANT PROGRAM SUPPORTING TRAUMA CENTER VIOLENCE
INTERVENTION AND VIOLENCE PREVENTION PROGRAMS.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following new section:
``SEC. 399V-8. GRANT PROGRAM SUPPORTING TRAUMA CENTER
VIOLENCE INTERVENTION AND VIOLENCE PREVENTION
PROGRAMS.
``(a) Authority Established.--
``(1) In general.--The Secretary shall award grants to
eligible entities to establish or expand violence
intervention or prevention programs for services and research
designed to reduce the incidence of reinjury and
reincarceration caused by intentional violent trauma,
excluding intimate partner violence.
``(2) First award.--Not later than 9 months after the date
of enactment of this section, the Secretary shall make the
first award under paragraph (1).
``(3) Grant duration.--Each grant awarded under paragraph
(1) shall be for a period of 3 years.
``(4) Grant amount.--The total amount of each grant awarded
under paragraph (1) for the 3-year grant period shall be not
less than $250,000 and not more than $500,000.
``(5) Supplement not supplant.--A grant awarded under
paragraph (1) to an eligible entity with an existing program
described in paragraph (1) shall be used to supplement, and
not supplant, any other funds provided to such entity for
such program.
``(b) Eligible Entities.--To be eligible to receive a grant
under subsection (a)(1), an entity shall--
``(1) either be--
``(A) a State-designated trauma center, or a trauma center
verified by the American College of Surgeons, that conducts
or seeks to conduct a violence intervention or violence
prevention program; or
``(B) a nonprofit entity that conducts or seeks to conduct
a program described in subparagraph (A) in cooperation with a
trauma center described in such subparagraph;
``(2) serve a community in which at least 100 incidents of
intentional violent trauma occur annually; and
``(3) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Selection of Grant Recipients.--
``(1) Geographic diversity.--In selecting grant recipients
under subsection (a)(1), the Secretary shall ensure that,
collectively, grantees represent a diversity of geographic
areas.
``(2) Priority.--In selecting grant recipients under
subsection (a)(1), the Secretary shall prioritize applicants
that serve one or more communities with high absolute numbers
or high rates of intentional violent trauma.
``(3) Health professional shortage areas.--
``(A) Encouragement.--The Secretary shall encourage
entities described in paragraphs (1) and (2) that are located
in or serve a health professional shortage area to apply for
grants under subsection (a)(1).
``(B) Definition.--In subparagraph (A), the term `health
professional shortage area' means a health professional
shortage area designated under section 332.
``(d) Reports.--
``(1) Reports to secretary.--
``(A) In general.--An entity that receives a grant under
subsection (a)(1) shall submit reports on the use of the
grant funds to the Secretary, including progress reports, as
required by the Secretary. Such reports shall include--
``(i) any findings of the program established, or expanded,
by the entity through the grant; and
``(ii) if applicable, the manner in which the entity has
incorporated such findings in the violence intervention or
violence prevention program conducted by such entity.
``(B) Option for joint report.--To the extent feasible and
appropriate, an entity that receives a grant under subsection
(a)(1) may elect to coordinate with one or more other
entities that have received such a grant to submit a joint
report that meets the requirements of subparagraph (A).
``(2) Report to congress.--Not later than 6 years after the
date of enactment of this section, the Secretary shall submit
to Congress a report--
``(A) on any findings resulting from reports submitted to
the Secretary under paragraph (1);
``(B) on best practices developed by the Secretary under
subsection (e); and
``(C) with recommendations for legislative action relating
to intentional violent trauma prevention that the Secretary
determines appropriate.
``(e) Best Practices.--Not later than 6 years after the
date of enactment of this section, the Secretary shall--
``(1) develop, and post on a public website of the
Department of Health and Human Services, best practices for
intentional violent trauma prevention, based on any findings
reported to the Secretary under subsection (d)(1); and
``(2) disseminate such best practices to stakeholders, as
determined appropriate by the Secretary.
``(f) Authorization of Appropriations.--To carry out this
section, there is authorized to be appropriated $10,000,000
for the period of fiscal years 2025 through 2028.''.
______
SA 2843. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S5068]]
At the end of subtitle H of title X, insert the following:
SEC. 1095. DRUG SHORTAGES PREVENTION AND QUALITY IMPROVEMENT.
(a) Short Title.--This section may be cited as the ``Drug
Shortages Prevention and Quality Improvement Act''.
(b) Lengthen Expiration Dates to Mitigate Critical Drug
Shortages.--
(1) In general.--The Federal Food, Drug, and Cosmetic Act
is amended by inserting after section 506C-1 (21 U.S.C. 356c-
1) the following:
``SEC. 506C-2. EXTENDED EXPIRATION DATES FOR LIFE-SAVING
DRUGS.
``(a) In General.--A manufacturer of a life-saving drug
shall--
``(1) submit to the Secretary data and information as
required by subsection (b)(1);
``(2) conduct and submit the results, data, and information
of any studies required under subsection (b)(2); and
``(3) make any labeling change described in subsection (c)
by the date specified by the Secretary pursuant to such
subsection.
``(b) Notification.--
``(1) In general.--The Secretary may issue an order
requiring the manufacturer of any life-saving drug to submit,
in such manner as the Secretary may prescribe, data and
information from any stage of development of the drug that
are adequate to assess the stability of the drug to determine
the longest supported expiration date.
``(2) Unavailable or insufficient data and information.--If
the data and information required pursuant to an order issued
under paragraph (1) are not available or are insufficient,
the Secretary may require the manufacturer of the drug to--
``(A) conduct studies adequate to provide the data and
information in accordance with section 211.166 of title 21,
Code of Federal Regulations (or any successor regulations);
and
``(B) submit to the Secretary the results, data, and
information generated by such studies when available.
``(c) Labeling.--The Secretary may issue an order requiring
the manufacturer of a life-saving drug to, by a specified
date, make any labeling change regarding the expiration date
that the Secretary determines to be appropriate based on the
data and information required to be submitted under this
section in accordance with labeling requirements under
subparts F and G of part 211 of title 21, Code of Federal
Regulations (or any successor regulations) or any other data
and information available to the Secretary.
``(d) Confidentiality.--Nothing in this section shall be
construed as authorizing the Secretary to disclose any
information that is a trade secret or confidential
information subject to section 552(b)(4) of title 5, United
States Code, or section 1905 of title 18, United States Code.
``(e) Definition.--In this section, the term `life-saving
drug' means a drug described in section 506C(a).''.
(2) Civil monetary penalty.--Section 303(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by
adding at the end the following:
``(9)(A) If a manufacturer fails to submit data and
information as required under section 506C-2(b)(1), fails to
conduct or submit the results, data, and information
generated by studies as required under section 506C-2(b)(3),
or fails to make a labeling change as required under section
506C-2(c), such manufacturer shall be liable to the United
States for a civil penalty in an amount not to exceed $10,000
for each such violation.
``(B) If a violation described in subparagraph (A) is not
corrected within the 30-day period following notification by
the Secretary of a violation described in subparagraph (A),
the manufacturer shall, in addition to any penalty under
subparagraph (A), be subject to a civil monetary penalty of
not more than $10,000 for each day of the violation after
such period until the violation is corrected.''.
(c) Reporting on Increases in Demand for a Drug.--
(1) In general.--Section 506C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c) is amended--
(A) in the section heading, by inserting ``or increase in
demand for'' after ``production of'';
(B) in subsection (a), in the matter following paragraph
(2), by striking ``drug, and the reasons for such
discontinuance or interruption'' and inserting ``drug, or
increase in the demand for such drug that is likely to lead
to a shortage of the drug, and the reasons for such
discontinuance, interruption, or increase in demand'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(ii) by redesignating paragraph (2) as paragraph (3);
(iii) by inserting after paragraph (1) the following:
``(2) in the case of an increase in the demand for a drug,
not later than 30 days after the manufacture has knowledge of
such increase; or''; and
(iv) in paragraph (3), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraph (1) or (2)''; and
(D) in subsection (c), by inserting ``, or increase in
demand for,'' after ``the manufacture of''.
(2) Prohibited act.--
(A) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(jjj) The failure to notify the Secretary as required
under section 506C(a).''.
(B) Enforcement.--Section 303 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(c)) is amended--
(i) in paragraph (c), by adding before the period at the
end the following: ``; or (7) for having violated section
301(jjj) if such person acted in good faith and had a
reasonable basis for not notifying as required under section
506C''; and
(ii) by adding at the end the following:
``(h) Notwithstanding subsection (a), any manufacturer who
violates section 301(jjj) shall be subject to a civil penalty
in an amount not to exceed $50,000 per violation.''.
______
SA 2844. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. IMPORTANCE OF HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.
(a) Increase.--The amount authorized to be appropriated for
fiscal year 2025 by section 201 is hereby increased by
$20,000,000, with the amount of the increase to be available
for Research, Development, Test, and Evaluation, Defense-
wide, Basic Research, for Historically Black Colleges and
Universities/Minority Institutions [(PE 0601228D8Z)], as
specified in the funding table in section 4201.
(b) Offset.--The amount authorized to be appropriated for
fiscal year 2025 by section 301 is hereby reduced by
$20,000,000, with the amount of the reduction to be derived
from Operation and Maintenance, Defense-wide, Administration
and Service-wide Activities, for the Office of the Secretary
of Defense [(line 490)], as specified in the funding table in
section 4301.
______
SA 2845. Mr. CARDIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--NEIGHBORHOOD HOMES INVESTMENT ACT
SEC. _1. SHORT TITLE.
This title may be cited as the ``Neighborhood Homes
Investment Act''
SEC. _2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Experts have determined that it could take nearly a
decade to address the housing shortage in the United States,
in large part due to increasing housing prices and decreased
housing inventory.
(2) The housing supply shortage disproportionately impacts
low-income and distressed communities.
(3) Homeownership is a primary source of household wealth
and neighborhood stability. Many distressed communities have
low rates of homeownership and lack quality, affordable
starter homes.
(4) Housing revitalization in distressed communities is
prevented by the value gap, the difference between the price
to rehabilitate a home and the sale value of the home.
(5) The Neighborhood Homes Investment Act can address the
value gap to increase housing rehabilitation in distressed
communities.
(6) The Neighborhood Homes Investment Act has the potential
to generate 500,000 homes over 10 years, $125,000,000,000 of
total development activity, over 800,000 jobs in construction
and construction-related industries, and over $35,000,000,000
in Federal, state, and local tax revenues.
(b) Sense of Congress.--It is the sense of Congress that
the neighborhood homes credit (as added under section _3 of
this title) should be an activity administered in a manner
which--
(1) is consistent with the Fair Housing Act of 1968 (42
U.S.C. 3601 et seq.);
(2) empowers residents in eligible communities; and
(3) revitalizes distressed neighborhoods.
SEC. _3. NEIGHBORHOOD HOMES CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 42 the following new section:
``SEC. 42A. NEIGHBORHOOD HOMES CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the
neighborhood homes credit determined under this section for
the taxable year is, with respect to each qualified residence
sold by the taxpayer during such taxable year in an
affordable sale, the lesser of--
``(1) an amount equal to--
[[Page S5069]]
``(A) the excess (if any) of--
``(i) the reasonable development costs paid or incurred by
the taxpayer with respect to such qualified residence, over
``(ii) the sale price of such qualified residence (reduced
by any reasonable expenses paid or incurred by the taxpayer
in connection with such sale), or
``(B) if the neighborhood homes credit agency determines it
is necessary to ensure financial feasibility, an amount not
to exceed 120 percent of the amount under subparagraph (A),
``(2) 35 percent of the eligible development costs paid or
incurred by the taxpayer with respect to such qualified
residence, or
``(3) 28 percent of the national median sale price for new
homes (as determined pursuant to the most recent census data
available as of the date on which the neighborhood homes
credit agency makes an allocation for the qualified project).
``(b) Development Costs.--For purposes of this section--
``(1) Reasonable development costs.--
``(A) In general.--The term `reasonable development costs'
means amounts paid or incurred for the acquisition of
buildings and land, construction, substantial rehabilitation,
demolition of structures, or environmental remediation, to
the extent that the neighborhood homes credit agency
determines that such amounts meet the standards specified
pursuant to subsection (f)(1)(C) (as of the date on which
construction or substantial rehabilitation is substantially
complete, as determined by such agency) and are necessary to
ensure the financial feasibility of such qualified residence.
``(B) Considerations in making determination.--In making
the determination under subparagraph (A), the neighborhood
homes credit agency shall consider--
``(i) the sources and uses of funds and the total
financing,
``(ii) any proceeds or receipts generated or expected to be
generated by reason of tax benefits, and
``(iii) the reasonableness of the developmental costs and
fees.
``(2) Eligible development costs.--The term `eligible
development costs' means the amount which would be reasonable
development costs if the amounts taken into account as paid
or incurred for the acquisition of buildings and land did not
exceed 75 percent of such costs determined without regard to
any amount paid or incurred for the acquisition of buildings
and land.
``(3) Substantial rehabilitation.--The term `substantial
rehabilitation' means amounts paid or incurred for
rehabilitation of a qualified residence if such amounts
exceed the greater of--
``(A) $20,000, or
``(B) 20 percent of the amounts paid or incurred by the
taxpayer for the acquisition of buildings and land with
respect to such qualified residence.
``(4) Construction and rehabilitation only after allocation
taken into account.--
``(A) In general.--The terms `reasonable development costs'
and `eligible development costs' shall not include any amount
paid or incurred before the date on which an allocation is
made to the taxpayer under subsection (e) with respect to the
qualified project of which the qualified residence is part
unless such amount is paid or incurred for the acquisition of
buildings or land.
``(B) Land and building acquisition costs.--Amounts paid or
incurred for the acquisition of buildings or land shall be
included under paragraph (A) only if paid or incurred not
more than 3 years before the date on which the allocation
referred to in subparagraph (A) is made. If the taxpayer
acquired any building or land from an entity (or any related
party to such entity) that holds an ownership interest in the
taxpayer, then such entity must also have acquired such
property within such 3-year period, and the acquisition cost
included under subparagraph (A) with respect to the taxpayer
shall not exceed the amount such entity paid or incurred to
acquire such property.
``(c) Qualified Residence.--For purposes of this section--
``(1) In general.--The term `qualified residence' means a
residence that--
``(A) is real property affixed on a permanent foundation,
``(B) is--
``(i) a house which is comprised of 4 or fewer residential
units,
``(ii) a condominium unit, or
``(iii) a house or an apartment owned by a cooperative
housing corporation (as defined in section 216(b)),
``(C) is part of a qualified project with respect to which
the neighborhood homes credit agency has made an allocation
under subsection (e), and
``(D) is located in a qualified census tract (determined as
of the date of such allocation).
``(2) Qualified census tract.--
``(A) In general.--The term `qualified census tract' means
a census tract--
``(i) which--
``(I) has a median family income which does not exceed 80
percent of the median family income for the applicable area,
``(II) has a poverty rate that is not less than 130 percent
of the poverty rate of the applicable area, and
``(III) has a median value for owner-occupied homes that
does not exceed the median value for owner-occupied homes in
the applicable area,
``(ii) which--
``(I) is located in a city which has a population of not
less than 50,000 and such city has a poverty rate that is not
less than 150 percent of the poverty rate of the applicable
area,
``(II) has a median family income which does not exceed the
median family income for the applicable area, and
``(III) has a median value for owner-occupied homes that
does not exceed 80 percent of the median value for owner-
occupied homes in the applicable area,
``(iii) which--
``(I) is located in a nonmetropolitan county,
``(II) has a median family income which does not exceed the
median family income for the applicable area, and
``(III) has been designated by a neighborhood homes credit
agency under this clause, or
``(iv) which is not otherwise a qualified census tract and
is located in a disaster area (as defined in section
7508A(d)(3)), but only with respect to credits allocated in
any period during which the President of the United States
has determined that such area warrants individual or
individual and public assistance by the Federal Government
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
``(B) Applicable area.--The term `applicable area' means--
``(i) in the case of a metropolitan census tract, the
metropolitan area in which such census tract is located, and
``(ii) in the case of a census tract other than a census
tract described in clause (i), the State.
``(d) Affordable Sale.--For purposes of this section--
``(1) In general.--The term `affordable sale' means a sale
to a qualified homeowner of a qualified residence that the
neighborhood homes credit agency certifies as meeting the
standards promulgated under subsection (f)(1)(D) for a price
that does not exceed--
``(A) in the case of any qualified residence not described
in subparagraph (B), (C), or (D), the amount equal to the
product of 4 multiplied by the median family income for the
applicable area (as determined pursuant to the most recent
census data available as of the date of the contract for such
sale),
``(B) in the case of a house comprised of 2 residential
units, 125 percent of the amount described in subparagraph
(A),
``(C) in the case of a house comprised of 3 residential
units, 150 percent of the amount described in subparagraph
(A), or
``(D) in the case of a house comprised of 4 residential
units, 175 percent of the amount described in subparagraph
(A).
``(2) Qualified homeowner.--The term `qualified homeowner'
means, with respect to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as the
principal residence of such individual, and
``(B) whose family income (determined as of the date that a
binding contract for the affordable sale of such residence is
entered into) is 140 percent or less of the median family
income for the applicable area in which the qualified
residence is located.
``(e) Credit Ceiling and Allocations.--
``(1) Credit limited based on allocations to qualified
projects.--
``(A) In general.--The credit allowed under subsection (a)
to any taxpayer for any taxable year with respect to one or
more qualified residences which are part of the same
qualified project shall not exceed the excess (if any) of--
``(i) the amount allocated by the neighborhood homes credit
agency under this paragraph to such taxpayer with respect to
such qualified project, over
``(ii) the aggregate amount of credit allowed under
subsection (a) to such taxpayer with respect to qualified
residences which are a part of such qualified project for all
prior taxable years.
``(B) Deadline for completion.--No credit shall be allowed
under subsection (a) with respect to any qualified residence
unless the affordable sale of such residence is during the 5-
year period beginning on the date of the allocation to the
qualified project of which such residence is a part (or, in
the case of a qualified residence to which subsection (i)
applies, the rehabilitation of such residence is completed
during such 5-year period).
``(2) Limitations on allocations to qualified projects.--
``(A) Allocations limited by state neighborhood homes
credit ceiling.--The aggregate amount allocated to taxpayers
with respect to qualified projects by the neighborhood homes
credit agency of any State for any calendar year shall not
exceed the State neighborhood homes credit amount of such
State for such calendar year.
``(B) Set-aside for certain projects involving qualified
nonprofit organizations.--Rules similar to the rules of
section 42(h)(5) shall apply for purposes of this section.
``(3) Determination of state neighborhood homes credit
ceiling.--
``(A) In general.--The State neighborhood homes credit
amount for a State for a calendar year is an amount equal to
the sum of--
``(i) the greater of--
``(I) the product of $7, multiplied by the State population
(determined in accordance with section 146(j)), or
``(II) $9,000,000, and
[[Page S5070]]
``(ii) any amount previously allocated to any taxpayer with
respect to any qualified project by the neighborhood homes
credit agency of such State which can no longer be allocated
to any qualified residence because the 5-year period
described in paragraph (1)(B) expires during calendar year.
``(B) 3-year carryforward of unused limitation.--The State
neighborhood homes credit amount for a State for a calendar
year shall be increased by the excess (if any) of the State
neighborhood homes credit amount for such State for the
preceding calendar year over the aggregate amount allocated
by the neighborhood homes credit agency of such State during
such preceding calendar year. Any amount carried forward
under the preceding sentence shall not be carried past the
third calendar year after the calendar year in which such
credit amount originally arose, determined on a first-in,
first-out basis.
``(f) Responsibilities of Neighborhood Homes Credit
Agencies.--
``(1) In general.--Notwithstanding subsection (e), the
State neighborhood homes credit dollar amount shall be zero
for a calendar year unless the neighborhood homes credit
agency of the State--
``(A) allocates such amount pursuant to a qualified
allocation plan of the neighborhood homes credit agency,
``(B) allocates not more than 20 percent of amounts
allocated in the previous year (or for allocations made in
2024, not more than 20 percent of the neighborhood homes
credit ceiling for such year) to projects with respect to
qualified residences which--
``(i) are located in census tracts described in subsection
(c)(2)(A)(iii), (c)(2)(A)(iv), (i)(5), or
``(ii) are not located in a qualified census tract but meet
the requirements of subsection (i)(8),
``(C) promulgates standards with respect to reasonable
qualified development costs and fees,
``(D) promulgates standards with respect to construction
quality,
``(E) in the case of any neighborhood homes credit agency
which makes an allocation to a qualified project which
includes any qualified residence to which subsection (i)
applies, promulgates standards with respect to protecting the
owners of such residences, including the capacity of such
owners to pay rehabilitation costs not covered by the credit
provided by this section and providing for the disclosure to
such owners of their rights and responsibilities with respect
to the rehabilitation of such residences,
``(F) submits to the Secretary (at such time and in such
manner as the Secretary may prescribe) an annual report
specifying--
``(i) the amount of the neighborhood homes credits
allocated to each qualified project for the previous year,
``(ii) with respect to each qualified residence completed
in the preceding calendar year--
``(I) the census tract in which such qualified residence is
located,
``(II) with respect to the qualified project that includes
such qualified residence, the year in which such project
received an allocation under this section,
``(III) whether such qualified residence was new,
substantially rehabilitated and sold to a qualified
homeowner, or substantially rehabilitated pursuant to
subsection (i),
``(IV) the eligible development costs of such qualified
residence,
``(V) the amount of the neighborhood homes credit with
respect to such qualified residence,
``(VI) the sales price of such qualified residence, if
applicable, and
``(VII) the family income of the qualified homeowner
(expressed as a percentage of the applicable area median
family income for the location of the qualified residence),
and
``(iii) such other information as the Secretary may
require, and
``(G) makes available to the general public a written
explanation for any allocation of a neighborhood homes credit
dollar amount which is not made in accordance with
established priorities and selection criteria of the
neighborhood homes credit agency.
Subparagraph (B) shall be applied by substituting `40
percent' for `20 percent' each place it appears in the case
of any State in which at least 45 percent of the State
population resides outside metropolitan statistical areas
(within the meaning of section 143(k)(2)(B)) and less than 20
percent of the census tracts located in the State are
described in subsection (c)(2)(A)(i).
``(2) Qualified allocation plan.--For purposes of this
subsection, the term `qualified allocation plan' means any
plan which--
``(A) sets forth the selection criteria to be used to
prioritize qualified projects for allocations of State
neighborhood homes credit dollar amounts, including--
``(i) the need for new or substantially rehabilitated
owner-occupied homes in the area addressed by the project,
``(ii) the expected contribution of the project to
neighborhood stability and revitalization, including the
impact on neighborhood residents,
``(iii) the capability and prior performance of the project
sponsor, and
``(iv) the likelihood the project will result in long-term
homeownership,
``(B) has been made available for public comment, and
``(C) provides a procedure that the neighborhood homes
credit agency (or any agent or contractor of such agency)
shall follow for purposes of--
``(i) identifying noncompliance with any provisions of this
section, and
``(ii) notifying the Internal Revenue Service of any such
noncompliance of which the agency becomes aware.
``(g) Repayment.--
``(1) In general.--
``(A) Sold during 5-year period.--If a qualified residence
is sold during the 5-year period beginning immediately after
the affordable sale of such qualified residence referred to
in subsection (a), the seller shall transfer an amount equal
to the repayment amount to the relevant neighborhood homes
credit agency.
``(B) Use of repayments.--A neighborhood homes credit
agency shall use any amount received pursuant to subparagraph
(A) only for purposes of qualified projects.
``(2) Repayment amount.--For purposes of paragraph (1)(A)--
``(A) In general.--The repayment amount is an amount equal
to the applicable percentage of the gain from the sale to
which the repayment relates.
``(B) Applicable percentage.--For purposes of subparagraph
(A), the applicable percentage is 50 percent, reduced by 10
percentage points for each year of the 5-year period referred
to in paragraph (1)(A) which ends before the date of such
sale.
``(3) Lien for repayment amount.--A neighborhood homes
credit agency receiving an allocation under this section
shall place a lien on each qualified residence that is built
or rehabilitated as part of a qualified project for an amount
such agency deems necessary to ensure potential repayment
pursuant to paragraph (1)(A).
``(4) Waiver.--
``(A) In general.--The neighborhood homes credit agency may
waive the repayment required under paragraph (1)(A) if the
agency determines that making a repayment would constitute a
hardship to the seller.
``(B) Hardship.--For purposes of subparagraph (A), with
respect to the seller, a hardship may include--
``(i) divorce,
``(ii) disability,
``(iii) illness, or
``(iv) any other hardship identified by the neighborhood
homes credit agency for purposes of this paragraph.
``(h) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Neighborhood homes credit agency.--The term
`neighborhood homes credit agency' means the agency
designated by the governor of a State as the neighborhood
homes credit agency of the State.
``(2) Qualified project.--The term `qualified project'
means a project that a neighborhood homes credit agency
certifies will build or substantially rehabilitate one or
more qualified residences.
``(3) Determinations of family income.--Rules similar to
the rules of section 143(f)(2) shall apply for purposes of
this section.
``(4) Possessions treated as states.--The term `State'
includes the District of Columbia and the possessions of the
United States.
``(5) Special rules related to condominiums and cooperative
housing corporations.--
``(A) Determination of development costs.--In the case of a
qualified residence described in clause (ii) or (iii) of
subsection (c)(1)(A), the reasonable development costs and
eligible development costs of such qualified residence shall
be an amount equal to such costs, respectively, of the entire
condominium or cooperative housing property in which such
qualified residence is located, multiplied by a fraction--
``(i) the numerator of which is the total floor space of
such qualified residence, and
``(ii) the denominator of which is the total floor space of
all residences within such property.
``(B) Tenant-stockholders of cooperative housing
corporations treated as owners.--In the case of a cooperative
housing corporation (as such term is defined in section
216(b)), a tenant-stockholder shall be treated as owning the
house or apartment which such person is entitled to occupy.
``(6) Related party sales not treated as affordable
sales.--
``(A) In general.--A sale between related persons shall not
be treated as an affordable sale.
``(B) Related persons.--For purposes of this paragraph, a
person (in this subparagraph referred to as the `related
person') is related to any person if the related person bears
a relationship to such person specified in section 267(b) or
707(b)(1), or the related person and such person are engaged
in trades or businesses under common control (within the
meaning of subsections (a) and (b) of section 52). For
purposes of the preceding sentence, in applying section
267(b) or 707(b)(1), `10 percent' shall be substituted for
`50 percent'.
``(7) Inflation adjustment.--
``(A) In general.--In the case of a calendar year after
2024, the dollar amounts in subsections (b)(3)(A),
(e)(3)(A)(i)(I), (e)(3)(A)(i)(II), and (i)(2)(C) shall each
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2023' for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(B) Rounding.--
``(i) In the case of the dollar amounts in subsections
(b)(3)(A) and (i)(2)(C), any increase under paragraph (1)
which is not a
[[Page S5071]]
multiple of $1,000 shall be rounded to the nearest multiple
of $1,000.
``(ii) In the case of the dollar amount in subsection
(e)(3)(A)(i)(I), any increase under paragraph (1) which is
not a multiple of $0.01 shall be rounded to the nearest
multiple of $0.01.
``(iii) In the case of the dollar amount in subsection
(e)(3)(A)(i)(II), any increase under paragraph (1) which is
not a multiple of $100,000 shall be rounded to the nearest
multiple of $100,000.
``(8) Report.--
``(A) In general.--The Secretary shall annually issue a
report, to be made available to the public, which contains
the information submitted pursuant to subsection (f)(1)(F).
``(B) De-identification.--The Secretary shall ensure that
any information made public pursuant to subparagraph (A)
excludes any information that would allow for the
identification of qualified homeowners.
``(9) List of qualified census tracts.--The Secretary of
Housing and Urban Development shall, for each year, make
publicly available a list of qualified census tracts under--
``(A) on a combined basis, clauses (i) and (ii) of
subsection (c)(2)(A),
``(B) clause (iii) of such subsection, and
``(C) subsection (i)(5)(A).
``(10) Denial of deductions if converted to rental
housing.--If, during the 5-year period beginning immediately
after the affordable sale of a qualified residence referred
to in subsection (a), an individual who owns a qualified
residence (whether or not such individual was the purchaser
in such affordable sale) fails to use such qualified
residence as such individual's principal residence for any
period of time, no deduction shall be allowed for expenses
paid or incurred by such individual with respect to renting,
during such period of time, such qualified residence.
``(i) Application of Credit With Respect to Owner-Occupied
Rehabilitations.--
``(1) In general.--In the case of a qualified
rehabilitation by the taxpayer of any qualified residence
which is owned (as of the date that the written binding
contract referred to in paragraph (3) is entered into) by a
specified homeowner, the rules of paragraphs (2) through (7)
shall apply.
``(2) Alternative credit determination.--In the case of any
qualified residence described in paragraph (1), the
neighborhood homes credit determined under subsection (a)
with respect to such residence shall (in lieu of any credit
otherwise determined under subsection (a) with respect to
such residence) be allowed in the taxable year during which
the qualified rehabilitation is completed (as determined by
the neighborhood homes credit agency) and shall be equal to
the least of--
``(A) the excess (if any) of--
``(i) the amounts paid or incurred by the taxpayer for the
qualified rehabilitation of the qualified residence to the
extent that such amounts are certified by the neighborhood
homes credit agency (at the time of the completion of such
rehabilitation) as meeting the standards specified pursuant
to subsection (f)(1)(C), over
``(ii) any amounts paid to such taxpayer for such
rehabilitation,
``(B) 50 percent of the amounts described in subparagraph
(A)(i), or
``(C) $50,000.
``(3) Qualified rehabilitation.--
``(A) In general.--For purposes of this subsection, the
term `qualified rehabilitation' means a rehabilitation or
reconstruction performed pursuant to a written binding
contract between the taxpayer and the specified homeowner if
the amount paid or incurred by the taxpayer in the
performance of such rehabilitation or reconstruction exceeds
the dollar amount in effect under subsection (b)(3)(A).
``(B) Application of limitation to expenses paid or
incurred after allocation.--A rule similar to the rule of
section (b)(4) shall apply for purposes of this subsection.
``(4) Specified homeowner.--For purposes of this
subsection, the term `qualified homeowner' means, with
respect to a qualified residence, an individual--
``(A) who owns and uses such qualified residence as the
principal residence of such individual as of the date that
the written binding contract referred to in paragraph (3) is
entered into, and
``(B) whose family income (determined as of such date) does
not exceed the median family income for the applicable area
(with respect to the census tract in which the qualified
residence is located).
``(5) Additional census tracts in which owner-occupied
residences may be located.--In the case of any qualified
residence described in paragraph (1), the term `qualified
census tract' includes any census tract which--
``(A) meets the requirements of subsection (c)(2)(A)(i)
without regard to subclause (III) thereof, and
``(B) is designated by the neighborhood homes credit agency
for purposes of this paragraph.
``(6) Modification of repayment requirement.--In the case
of any qualified residence described in paragraph (1),
subsection (g) shall be applied by beginning the 5-year
period otherwise described therein on the date on which the
qualified homeowner acquired such residence.
``(7) Related parties.--Paragraph (1) shall not apply if
the taxpayer is the owner of the qualified residence
described in paragraph (1) or is related (within the meaning
of subsection (h)(6)(B)) to such owner.
``(8) Pyrrhotite remediation.--The requirement of
subsection (c)(1)(C) shall not apply to a qualified
rehabilitation under this subsection of a qualified residence
that is documented by an engineer's report and core testing
to have a foundation that is adversely impacted by pyrrhotite
or other iron sulfide minerals.
``(j) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section, including regulations that
prevent avoidance of the rules, and abuse of the purposes, of
this section.''.
(b) Credit Allowed as Part of General Business Credit.--
Section 38(b) of the Internal Revenue Code of 1986 is amended
by striking ``plus'' at the end of paragraph (37), by
striking the period at the end of paragraph (38) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(39) the neighborhood homes credit determined under
section 42A(a).''.
(c) Credit Allowed Against Alternative Minimum Tax.--
Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is
amended by redesignating clauses (iv) through (xii) as
clauses (v) through (xiii), respectively, and by inserting
after clause (iii) the following new clause:
``(iv) the credit determined under section 42A,''.
(d) Basis Adjustments.--
(1) Energy efficient home improvement credit.--Section
25C(g) of the Internal Revenue Code of 1986 is amended by
adding after the first sentence the following new sentence:
``This subsection shall not apply for purposes of determining
the eligible development costs or adjusted basis of any
building under section 42A.''.
(2) Residential clean energy credit.--Section 25D(f) of
such Code is amended by adding after the first sentence the
following new sentence: ``This subsection shall not apply for
purposes of determining the eligible development costs or
adjusted basis of any building under section 42A.''.
(3) New energy efficient home credit.--Section 45L(e) of
such Code is amended by inserting ``or for purposes of
determining the eligible development costs or adjusted basis
of any building under section 42A'' after ``section 42''.
(e) Exclusion From Gross Income.--Part III of subchapter B
of chapter 1 of the Internal Revenue Code of 1986 is amended
by inserting before section 140 the following new section:
``SEC. 139J. STATE ENERGY SUBSIDIES FOR QUALIFIED RESIDENCES.
``(a) Exclusion From Gross Income.--Gross income shall not
include the value of any subsidy provided to a taxpayer
(whether directly or indirectly) by any State energy office
(as defined in section 124(a) of the Energy Policy Act of
2005 (42 U.S.C. 15821(a))) for purposes of any energy
improvements made to a qualified residence (as defined in
section 42A(c)(1)).''.
(f) Conforming Amendments.--
(1) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of
section 469 of the Internal Revenue Code of 1986 are each
amended by inserting ``or 42A'' after ``section 42''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 42 the following
new item:
``Sec. 42A. Neighborhood homes credit.''.
(3) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting before the
item relating to section 140 the following new item:
``Sec. 139J. State energy subsidies for qualified residences.''.
(g) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2024.
______
SA 2846. Mr. HICKENLOOPER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike section 515 and insert the following:
SEC. 515. TRANSFER TO THE SPACE FORCE OF COVERED SPACE
FUNCTIONS OF THE AIR NATIONAL GUARD OF THE
UNITED STATES.
(a) Transfer of Covered Space Functions.--
(1) In general.--During the transition period, the
Secretary of the Air Force shall transfer to the Space Force
the covered space functions of the Air National Guard of the
United States. The transfer--
(A) shall occur without regard to section 104 of title 32,
United States Code, or section 18238 of title 10, United
States Code; and
(B) shall be undertaken on a one-time basis based on these
specific circumstances and shall not be interpreted as
setting a future precedent regarding a waiver of any
requirements under title 32, United States Code.
(2) Sustained consultations.--The transfer provided for
under paragraph (1) shall only occur after sustained
consultation with the Governors of affected States, as well
as the covered members of the Air National Guard.
(3) Personnel billets limitations.--With regard to
personnel billets, the statutory
[[Page S5072]]
waiver under paragraph (1) is limited to 578 personnel
billets from across the Air National Guard to the Space Force
as follows:
(A) 33 personnel from the State of Alaska.
(B) 126 personnel from the State of California.
(C) 119 personnel from the State of Colorado.
(D) 75 personnel from the State of Florida.
(E) 130 personnel from the State of Hawaii.
(F) 69 personnel from the State of Ohio.
(G) 26 personnel assigned to Headquarters, Air National
Guard
(b) Transfer of Units.--Upon the transfer to the Space
Force of the covered space functions of a unit of the Air
National Guard of the United States, the Secretary of the Air
Force may--
(1) change the status of the unit from a unit of the Air
National Guard of the United States to a unit of the United
States Space Force;
(2) deactivate the unit; or
(3) assign the unit a new Federal mission.
(c) Transfer of Covered Members.--
(1) Officers.--During the transition period, the Secretary
of Defense may, with the officer's consent, transfer a
covered officer of the Air National Guard of the United
States to, and appoint the officer in, the Space Force.
(2) Enlisted members.--During the transition period, the
Secretary of the Air Force may transfer each covered enlisted
member of the Air National Guard of the United States to the
Space Force, other than those members who do not consent to
transfer. Upon such a transfer, the transferred member ceases
to be a member of the Air National Guard of the United States
and is discharged from the member's enlistment as a Reserve
of the Air Force.
(3) Effective date of transfers.--Each transfer under this
subsection shall be effective on the date specified by the
Secretary of Defense, in the case of an officer, or the
Secretary of the Air Force, in the case of an enlisted
member, but not later than the last day of the transition
period.
(4) Limitations.--For any covered officer or covered
enlisted member affected by paragraphs (1) or (2), each
officer or member shall have--
(A) not less than one year from the date of the enactment
of this Act or the period of time the Secretary concerned
considers appropriate, whichever is longer, to elect to
transfer to the Space Force; and
(B) to the maximum extent practicable, 3 years of location
stability--
(i) in the location where the officer or member is assigned
on the date the officer or member elects to transfer to the
Space Force; and
(ii) commencing on the first date the officer or member
reports as an officer or member of the Space Force.
(d) Regulations.--Transfers under subsection (c) shall be
carried out under regulations prescribed by the Secretary of
Defense. In the case of an officer, applicable regulations
shall include those prescribed pursuant to section 716 of
title 10, United States Code.
(e) Term of Initial Enlistment in the Space Force.--In the
case of a covered enlisted member who is transferred to the
Space Force in accordance with subsection (c), the Secretary
of the Air Force may accept the initial enlistment of the
member in the Space Force for a period of less than 2 years,
but only if the period of enlistment in the Space Force is
not less than the period remaining, as of the date of the
transfer, in the member's term of enlistment in a reserve
component of the Air Force.
(f) End Strength Adjustments Upon Transfers From the Air
National Guard of the United States.--During the transition
period, upon the transfer to the Space Force of a covered
space function of the Air National Guard of the United
States, the end strength authorized for the Space Force
pursuant to section 115(a)(1)(A) of title 10, United States
Code, for the fiscal year during which the transfer occurs
shall be increased by the number of billets associated with
that mission.
(g) Development of Follow-on Mission for Air National
Guard.--The Secretary of Defense shall develop a follow-on
mission to replace the loss of the space mission of the Air
National Guard effected by this section.
(h) Administrative Provisions.--For purposes of the
transfer of covered members of the Air National Guard of the
United States in accordance with subsection (c)--
(1) the Air National Guard of the United States and the
Space Force shall be considered to be components of the same
Armed Force; and
(2) the Space Force officer list shall be considered to be
an active-duty list of an Armed Force.
(i) Retraining and Reassignment for Members Not
Transferring.--If a covered member of the Air National Guard
of the United States does not consent to transfer to the
Space Force in accordance with subsection (c), the Secretary
of the Air Force shall, as determined appropriate by the
Secretary in the case of the individual member, provide the
member retraining and reassignment within the reserve
component of the Air Force.
(j) Protection of Rank and Pay.--The Secretary of the Air
Force shall ensure that any member of the Air National Guard
who joins the Space Force as a result of a transfer under
subsection (c) will not lose rank or pay upon transferring to
the Space Force.
(k) Space Force Units in Affected States.--In order to
reduce the cost of transferring to the Space Force the
covered space functions of the Air National Guard of the
United States, and to reduce the impact of such transfer on
the affected State, the following provisions apply:
(1) Except as provided in paragraph (2), after a covered
space function is transferred to the Space Force from the Air
National Guard of the United States, the Space Force shall
continue to perform the covered space function within the
affected State for a period of not less than 10 years
following the effective date of such transfer.
(2) Except when the Secretary of the Air Force determines
that it would not be in the best interests of the United
States, the Secretary may not move the Space Force unit,
equipment, or billets associated with the covered space
function out of the affected State during the 10-year period
following the transfer of such unit, equipment, or billets
into the Space Force until--
(A) the Secretary of the Air Force has notified the
congressional defense committees and the members of Congress
from affected States of the details of such move and provided
an explanation regarding why the move is necessary to support
the National Defense Strategy; and
(B) a period of 120 days has elapsed after the notification
has been received by those committees.
(3) Except when the Secretary of the Air Force determines
that it would not be in the best interests of the United
States, the Secretary shall seek to enter into an agreement
with the governor of an affected State, to provide for the
Space Force to become a tenant organization on an
installation of the National Guard of the affected State at
which a covered space function was executed.
(l) Definitions.--In this section:
(1) Affected state.--The term ``affected State'' means the
States of Alaska, California, Colorado, Florida, Hawaii, and
Ohio;
(2) Covered member.--The term ``covered member'', with
respect to a member of the Air National Guard of the United
States, has the meaning given the term in section 1733(g) of
the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31; 137 Stat. 676);
(3) Covered space functions of the air national guard of
the united states.--The term ``covered space functions of the
Air National Guard of the United States'' means the following
units of the Air National Guard of the United States
associated with the performance of a space-related function,
including their personnel, equipment, and resources:
(A) 213th Space Warning Squadron, Alaska Air National
Guard.
(B) 148th Space Operations Squadron, California Air
National Guard.
(C) 216th Electromagnetic Warfare Squadron, California Air
National Guard.
(D) 137th Space Warning Squadron, Colorado Air National
Guard.
(E) 138th Electromagnetic Warfare Squadron, Colorado Air
National Guard.
(F) 114th Electromagnetic Warfare Squadron, Florida Air
National Guard.
(G) 150th Electromagnetic Warfare Squadron, Hawaii Air
National Guard.
(H) 109th Electromagnetic Warfare Squadron, Hawaii Air
National Guard.
(I) 126th Intelligence Squadron, Ohio Air National Guard.
(4) Transition period.--The term ``transition period''
means the period beginning on the date of the enactment of
this Act and ending on the later of--
(A) the last day of the eighth fiscal year beginning after
the date of the enactment of this Act; or
(B) completion of the consultation process required under
subsection (a)(2).
______
SA 2847. Mr. HICKENLOOPER submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in title X, insert the following:
SEC. ___. PERIODIC NATIONAL INTELLIGENCE ESTIMATES ON CERTAIN
EFFECTS OF CLIMATE CHANGE.
Title XI of the National Security Act of 1947 (50 U.S.C.
3231 et seq.) is amended by adding at the end the following
new section (and conforming the table of contents at the
beginning of such Act accordingly):
``SEC. 1115. PERIODIC NATIONAL INTELLIGENCE ESTIMATES ON
CERTAIN EFFECTS OF CLIMATE CHANGE.
``(a) Requirement.--Not later than the date that is 4 years
after the date of the enactment of this section, and on a
basis that is not less frequent than once every 4 years
thereafter, the Director of National Intelligence, acting
through the National Intelligence Council, shall--
``(1) produce a National Intelligence Estimate on the
national security and economic security effects of climate
change; and
``(2) submit to the congressional intelligence committees
such National Intelligence Estimate.
``(b) Form.--Each National Intelligence Estimate under
subsection (a)(2) may be submitted in classified form, but if
so submitted, shall include an unclassified executive
summary.''.
[[Page S5073]]
______
SA 2848. Mr. HICKENLOOPER (for himself and Mr. Bennet) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10__. REDESIGNATION OF THE MOUNT EVANS WILDERNESS AS THE
``MOUNT BLUE SKY WILDERNESS''.
(a) Redesignation.--Section 102(a)(10) of Public Law 96-560
(16 U.S.C. 1132 note; 94 Stat. 3267) is amended by striking
``as the Mount Evans Wilderness;'' and inserting ``as the
`Mount Blue Sky Wilderness';''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Mount Evans Wilderness shall be deemed to be a reference to
the ``Mount Blue Sky Wilderness''.
______
SA 2849. Mr. HICKENLOOPER (for himself and Mr. Romney) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. REAUTHORIZATION OF UPPER COLORADO AND SAN JUAN
RIVER BASINS ENDANGERED FISH AND THREATENED
FISH RECOVERY IMPLEMENTATION PROGRAMS.
(a) Purpose.--Section 1 of Public Law 106-392 (114 Stat.
1602) is amended by inserting ``and threatened'' after
``endangered''.
(b) Definitions.--Section 2 of Public Law 106-392 (114
Stat. 1602; 116 Stat. 3113) is amended--
(1) in paragraph (1), by striking ``to implement the
Recovery Implementation Program for the Endangered Fish
Species in the Upper Colorado River dated September 29, 1987,
and extended by the Extension of the Cooperative Agreement
dated December 6, 2001, and the 1992 Cooperative Agreement to
implement the San Juan River Recovery Implementation Program
dated October 21, 1992, and as they may be amended'' and
inserting ``for the Recovery Implementation Program for
Endangered Species in the Upper Colorado River Basin dated
September 29, 1987, and the 1992 Cooperative Agreement for
the San Juan River Basin Recovery Implementation Program
dated October 21, 1992, as the agreements may be amended and
extended'';
(2) in paragraph (6)--
(A) by inserting ``or threatened'' after ``endangered'';
and
(B) by striking ``removal or translocation'' and inserting
``control'';
(3) in paragraph (7), by striking ``long-term'' each place
it appears;
(4) in paragraph (8), in the second sentence, by striking
``1988 Cooperative Agreement and the 1992 Cooperative
Agreement'' and inserting ``Recovery Implementation
Programs'';
(5) in paragraph (9)--
(A) by striking ``leases and agreements'' and inserting
``acquisitions'';
(B) by inserting ``or threatened'' after ``endangered'';
and
(C) by inserting ``, as approved under the Recovery
Implementation Programs'' after ``nonnative fishes''; and
(6) in paragraph (10), by inserting ``pursuant to the
Recovery Implementation Program for Endangered Species in the
Upper Colorado River Basin'' after ``Service''.
(c) Authorization to Fund Recovery Programs.--Section 3 of
Public Law 106-392 (114 Stat. 1603; 116 Stat. 3113; 120 Stat.
290; 123 Stat 1310; 126 Stat. 2444; 133 Stat. 809; 136 Stat.
5572) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``(1) There is hereby
authorized to be appropriated to the Secretary, $88,000,000
to undertake capital projects to carry out the purposes of
this Act. Such funds'' and inserting the following:
``(1) Authorization.--
``(A) In general.--Subject to subparagraph (B), there is
authorized to be appropriated to the Secretary for use by the
Bureau of Reclamation to undertake capital projects to carry
out the purposes of this Act $50,000,000 for the period of
fiscal years 2024 through 2031.
``(B) Annual adjustment.--For each of fiscal years 2025
through 2031, the amount authorized to be appropriated under
subparagraph (A) shall be annually adjusted to reflect widely
available engineering cost indices applicable to relevant
construction activities.
``(C) Nonreimbursable funds.--Amounts made available
pursuant to subparagraph (A)'';
(B) in paragraph (2), by striking ``Program for Endangered
Fish Species in the Upper Colorado River Basin shall expire
in fiscal year 2024'' and inserting ``Programs shall expire
in fiscal year 2031''; and
(C) by striking paragraph (3);
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Non-Federal Contributions to Capital Projects.--The
Secretary, acting through the Bureau of Reclamation, may
accept contributed funds, interests in land and water, or
other contributions from the Upper Division States, political
subdivisions of the Upper Division States, or individuals,
entities, or organizations within the Upper Division States,
pursuant to agreements that provide for the contributions to
be used for capital projects costs.'';
(3) by redesignating subsections (d) through (j) as
subsections (c) through (i), respectively;
(4) in subsection (c) (as so redesignated)--
(A) in paragraph (1)(A), by striking ``$10,000,000 for each
of fiscal years 2020 through 2024'' and inserting
``$92,040,000 for the period of fiscal years 2024 through
2031'';
(B) in paragraph (2)--
(i) in the first sentence, by striking ``$4,000,000 per
year'' and inserting ``$61,100,000 for the period of fiscal
years 2024 through 2031'';
(ii) in the second sentence--
(I) by inserting ``Basin'' after ``San Juan River''; and
(II) by striking ``$2,000,000 per year'' and inserting
``$30,940,000 for the period of fiscal years 2024 through
2031''; and
(iii) in the third sentence, by striking ``in fiscal years
commencing after the enactment of this Act'' and inserting
``for fiscal year 2024 and each fiscal year thereafter''; and
(C) by striking paragraph (3) and inserting the following:
``(3) Federal contributions to annual base funding.--
``(A) In general.--For each of fiscal years 2024 through
2031, the Secretary, acting through the Bureau of
Reclamation, may accept funds from other Federal agencies,
including power revenues collected pursuant to the Act of
April 11, 1956 (commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620 et seq.).
``(B) Availability of funds.--Funds made available under
subparagraph (A) shall be available for expenditure by the
Secretary, as determined by the contributing agency in
consultation with the Secretary.
``(C) Treatment of funds.--Funds made available under
subparagraph (A) shall be treated as nonreimbursable Federal
expenditures.
``(D) Treatment of power revenues.--Not more than $499,000
in power revenues accepted under subparagraph (A) shall be
treated as having been repaid and returned to the general
fund of the Treasury.
``(4) Non-federal contributions to annual base funding.--
The Secretary, acting through the Bureau of Reclamation, may
accept contributed funds from the Upper Division States,
political subdivisions of the Upper Division States, or
individuals, entities, or organizations within the Upper
Division States, pursuant to agreements that provide for the
contributions to be used for annual base funding.
``(5) Replacement power.--Contributions of funds made
pursuant to this subsection shall not include the cost of
replacement power purchased to offset modifications to the
operation of the Colorado River Storage Project to benefit
threatened or endangered fish species under the Recovery
Implementation Programs.'';
(5) in subsection (f) (as so redesignated), in the first
sentence, by inserting ``or threatened'' after
``endangered'';
(6) in subsection (g) (as so redesignated), by striking
``unless the time period for the respective Cooperative
Agreement is extended to conform with this Act'' and
inserting ``, as amended or extended'';
(7) in subsection (h) (as so redesignated), in the first
sentence, by striking ``Upper Colorado River Endangered Fish
Recovery Program or the San Juan River Basin Recovery
Implementation Program'' and inserting ``Recovery
Implementation Programs''; and
(8) in subsection (i)(1) (as so redesignated)--
(A) by striking ``2022'' each place it appears and
inserting ``2030'';
(B) by striking ``2024'' each place it appears and
inserting ``2031''; and
(C) in subparagraph (C)(ii)(III), by striking
``contributions by the States, power customers, Tribes, water
users, and environmental organizations'' and inserting ``non-
Federal contributions''.
______
SA 2850. Mr. HICKENLOOPER submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. REPORT ON COOPERATION EFFORTS BETWEEN THE
DEPARTMENT OF DEFENSE AND THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on cooperation efforts
between the Department
[[Page S5074]]
of Defense and the National Aeronautics and Space
Administration.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed assessment of existing forms of cooperation
between the Department of Defense and the National
Aeronautics and Space Administration.
(2) An assessment of, and recommendations for improving,
future joint engagement between the Department of Defense and
the National Aeronautics and Space Administration.
(3) An assessment of the opportunities for exchange of
personnel between the Department of Defense and National
Aeronautics and Space Administration, and an examination of
the feasibility and strategic benefits of establishing--
(A) dedicated joint duty billets for Space Force personnel
at the National Aeronautics and Space Administration; and
(B) rotational assignments of National Aeronautics and
Space Administration employees in Space Force units and in
the United States Space Command.
(4) An identification of potential career incentives for
Space Force joint duty at the National Aeronautics and Space
Administration and civilian National Aeronautics and Space
Administration rotational assignments at Space Force
commands.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
______
SA 2851. Mr. HICKENLOOPER submitted an amendment intended to be
proposed by him to the bill S. 4638, to authorize appropriations for
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. STRATEGY AND MEDICAL RESEARCH AND DEVELOPMENT
REQUIREMENTS TO DELIVER PRE-HOSPITAL, LIFE-
SAVING INTERVENTIONS IN ARCTIC ENVIRONMENTS.
(a) In General.--The Assistant Secretary of Defense for
Health Affairs shall convene a working group of subject
matter experts from the extramural community and the health
care system of the Department of Defense to develop a
strategy and the medical research and development
requirements to deliver pre-hospital, life-saving
interventions in Arctic environments.
(b) Report.--
(1) In general.--Not later than July 1, 2025, the Assistant
Secretary of Defense for Health Affairs shall submit to the
congressional defense committees a report containing the
strategy and medical research and development requirements
required under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An overarching plan addressing unique pre-hospital
lifesaving and sustainment interventions required in extreme
cold weather combat environments and research required to
advance medical care in austere extreme cold weather battle
spaces.
(B) A review of laboratory and medical product development
capabilities of the Department of Defense to conduct research
and development and support the transition and fielding of
medical products for extreme cold weather environments.
(C) Identification of and recommendations to amend clinical
practice guidelines to treat combat casualties in extreme
cold weather environments.
(D) Initial capabilities documents identifying gaps and
requirements to support pre-hospital, life-saving
interventions during Arctic operations.
(E) A recommended investment plan to address clinical and
medical research and development capability gaps identified
in such initial capabilities documents.
(F) An assessment of engagement by the Department of
Defense with academic medical centers and institutions to
support public-private partnerships for research and
development to address the pre-hospital needs of members of
the Armed Forces following injury in extreme cold weather
environments.
______
SA 2852. Mr. HICKENLOOPER (for himself, Mr. Bennet, and Mr. Kaine)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, 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. 710. GENERAL TEMPORARY MILITARY CONTINGENCY PAYMENT
ADJUSTMENT FOR CHILDREN'S HOSPITALS.
(1) In general.--The Secretary of Defense shall provide a
general temporary military contingency payment adjustment for
any children's hospital that--
(A) has 10 percent or more of its revenue come from the
TRICARE program for care of members of the Armed Forces on
active duty and their dependents;
(B) has 10,000 or more TRICARE program visits paid under
the Hospital Outpatient Prospective Payment System for
members of the Armed Forces on active duty and their
dependents annually; and
(C) is determined by the Secretary to be essential for
TRICARE program operations.
(2) Criteria for determination.--Not later than 180 days
after the date of the enactment of this Act, the Director of
the Defense Health Agency shall publish a list of criteria
that the Secretary shall use to determine whether a
children's hospital is essential for TRICARE program
operations under paragraph (1)(C).
(3) Definitions.--In this section:
(A) Active duty.--The term ``active duty'' has the meaning
given that term in section 101(18) of title 37, United States
Code.
(B) Dependent.--The term ``dependent'' has the meaning
given that term in section 1072 of title 10, United States
Code.
(C) TRICARE program.--The term ``TRICARE program'' has the
meaning given that term in section 1072(7) of title 10,
United States Code.
______
SA 2853. Mr. HICKENLOOPER (for himself, Mr. Bennet, Mr. Risch, Mr.
Brown, Ms. Lummis, Mr. Crapo, Mr. Barrasso, Mr. Vance, Ms. Murkowski,
Mr. Padilla, Mr. Ricketts, Mr. Braun, Ms. Duckworth, Ms. Klobuchar, Mr.
Marshall, Ms. Smith, Ms. Stabenow, Mr. Moran, Mr. Rounds, and Mr.
Booker) submitted an amendment intended to be proposed by him to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 515(a), strike paragraph (1) and insert the
following:
(1) In general.--During the transition period, the
Secretary of the Air Force may transfer to the Space Force
the covered space functions of the Air National Guard of the
United States. Any such transfer shall occur subject to
section 104 of title 32, United States Code, and section
18238 of title 10, United States Code.
______
SA 2854. Mr. MERKLEY (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. STOP INSTITUTIONAL CHILD ABUSE ACT.
(a) Short Title.--This section may be cited as the ``Stop
Institutional Child Abuse Act''.
(b) Improving National Data Collection and Reporting for
Youth in Youth Residential Programs.--Title V of the Public
Health Service Act (42 U.S.C. 290aa et seq.) is amended by
inserting after part I (42 U.S.C. 290jj et seq.) the
following:
``PART J--IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN
YOUTH RESIDENTIAL PROGRAMS
``SEC. 596. FEDERAL WORK GROUP ON YOUTH RESIDENTIAL PROGRAMS.
``(a) In General.--The Secretary shall establish the
Federal Work Group on Youth Residential Programs (referred to
in this section as the `Work Group') to improve the
dissemination and implementation of best practices regarding
the health and safety (including with respect to the use of
seclusion and restraints), care, treatment, and appropriate
placement of youth in youth residential programs.
``(b) Composition.--
``(1) In general.--The Secretary shall appoint 9
representatives to the Work Group from the Administration for
Children and Families, the Administration for Community
Living, the Substance Abuse and Mental Health Services
Administration, the Department of Education, the Department
of Justice, the Indian Health Service, and the Centers for
Medicare & Medicaid Services.
``(2) Other federal agencies.--The Work Group may include
representatives from other Federal agencies, as the Secretary
determines appropriate, appointed by the head of the relevant
agency.
``(c) Consultation.--In carrying out the duties described
in subsection (d), the Work Group shall consult with--
``(1) child advocates, including attorneys experienced in
working with youth overrepresented in the child welfare
system or the juvenile justice system;
``(2) health professionals, including mental health and
substance use disorder professionals, nurses, physicians,
social workers
[[Page S5075]]
and other health care providers who provide services to youth
who may be served by residential programs;
``(3) protection and advocacy systems;
``(4) individuals experienced in working with youth with
disabilities, including emotional, mental health, and
substance use disorders;
``(5) individuals with lived experience as children and
youth in youth residential programs, including individuals
with intellectual or developmental disabilities and
individuals with emotional, mental health, or substance use
disorders;
``(6) representatives of State and local child protective
services agencies and other relevant public agencies;
``(7) parents or guardians of children and youth with
emotional, mental health, or substance use disorder needs;
``(8) experts on issues related to child abuse and neglect
in youth residential programs;
``(9) administrators of youth residential programs;
``(10) education professionals who provide services to
youth in youth residential programs;
``(11) Indian Tribes and Tribal organizations;
``(12) State legislators;
``(13) State licensing agencies; and
``(14) others, as appropriate.
``(d) Duties.--The Work Group shall--
``(1) develop and publish recommendations regarding a
national database that aggregates data, including process-
oriented data such as length of stay and use of restraints,
and seclusion and outcome-oriented data such as discharge
setting and ability to be safety maintained in school and
community at least 6-months after discharge;
``(2) beginning not later than 2 years after the date of
enactment of the Stop Institutional Child Abuse Act, and
every 2 years thereafter, submit to the Secretary and the
Committee on Health, Education, Labor, and Pensions and the
Committee on Finance of the Senate, and the Committee on
Education and the Workforce, the Committee on Energy and
Commerce, and the Committee on Ways and Means of the House of
Representatives, a report containing policy recommendations
designed to--
``(A) improve the coordination of the dissemination and
implementation of best practices regarding the health and
safety (including use of seclusion and restraints), care,
treatment, and appropriate placement of youth in youth
residential programs;
``(B) promote the coordination of the dissemination and
implementation of best practices regarding the care and
treatment of youth in youth residential programs among State
child welfare agencies, State Medicaid agencies, and State
mental and behavioral health agencies; and
``(C) promote the adoption and implementation of best
practices regarding the care and treatment of youth in youth
residential programs among child welfare systems, licensing
agencies, accreditation organizations, and other relevant
monitoring and enforcement entities;
``(3) develop and utilize risk assessment tools, including
projects that provide for the development of research-based
strategies for risk assessments relating to the health,
safety (including with respect to the use of seclusion and
restraints), and well-being of youth in youth residential
programs;
``(4) support the development and implementation of
education and training resources for professional and
paraprofessional personnel in the fields of health care, law
enforcement, judiciary, social work, child protection
(including the prevention, identification, and treatment of
child abuse and neglect), education, child care, and other
relevant fields, and individuals such as court appointed
special advocates and guardians ad litem, including education
and training resources regarding--
``(A) the unique needs, experiences, and outcomes of youth
overrepresented in youth residential programs;
``(B) the enhancement of interagency communication among
child protective service agencies, protection and advocacy
systems, State licensing agencies, State Medicaid agencies,
and accreditation agencies;
``(C) best practices to eliminate the usage of physical,
mechanical, and chemical restraint and seclusion, and to
promote the use of positive behavioral interventions and
supports, culturally and linguistically sensitive services,
mental health supports, trauma- and grief-informed care, and
crisis de-escalation interventions; and
``(D) the legal duties of such professional and
paraprofessional personnel and youth residential program
personnel and the responsibilities of such professionals and
personnel to protect the legal rights of children in youth
residential programs, consistent with applicable State and
Federal law;
``(5) improve accessibility and development of community-
based alternatives to youth residential programs;
``(6) provide recommendations for innovative programs
designed to provide community support and resources to at-
risk youth, including programs that--
``(A) support continuity of education, including removing
barriers to access;
``(B) provide mentorship;
``(C) support the provision of crisis intervention services
and in-home or outpatient mental health and substance use
disorder treatment; and
``(D) provide other resources to families and parents or
guardians that assist in preventing the need for out-of-home
placement of youth in youth residential programs;
``(7) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing least-restrictive,
evidence-based, trauma and grief-informed, and
developmentally and culturally competent care for youth in
youth residential programs and youth at risk of being placed
in such programs; and
``(8) provide recommendations on best practices to convey
Work Group recommendations to States.
``SEC. 596A. DEFINITIONS.
``In this part:
``(1) Child abuse or neglect.--The term `child abuse or
neglect' has the meaning given such term in section 3 of the
Child Abuse Prevention and Treatment Act.
``(2) Culturally competent.--The term `culturally
competent' has the meaning given such term in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000.
``(3) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(4) Protection and advocacy systems.--The term
`protection and advocacy system' means a system established
by a State or Indian Tribe under section 143 of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(6) Youth.--The term `youth' means an individual who has
not attained the age of 22.
``(7) Youth residential program.--
``(A) In general.--The term `youth residential program'
means each location of a facility or program operated by a
public or private entity that, with respect to one or more
youth who are unrelated to the owner or operator of the
facility or program--
``(i) provides a residential environment, such as--
``(I) a program with a wilderness or outdoor experience,
expedition, or intervention;
``(II) a boot camp experience or other experience designed
to simulate characteristics of basic military training or
correctional regimes;
``(III) an education or therapeutic boarding school;
``(IV) a behavioral modification program;
``(V) a residential treatment center or facility;
``(VI) a qualified residential treatment program (as
defined in section 472(k)(4) of the Social Security Act);
``(VII) a psychiatric residential treatment program that
meets the requirements of subpart D of part 441 of title 42,
Code of Federal Regulations (or any successor regulations);
``(VIII) a group home serving children and youth placed by
any placing authority;
``(IX) an intermediate care facility for individuals with
intellectual disabilities; or
``(X) any residential program that is utilized as an
alternative to incarceration for justice involved youth,
adjudicated youth, or youth deemed delinquent; and
``(ii) serves youth who have a history or diagnosis of--
``(I) an emotional, behavioral, or mental health disorder;
``(II) a substance misuse or use disorder, including
alcohol misuse or use disorders; or
``(III) an intellectual, developmental, physical, or
sensory disability.
``(B) Exclusion.--The term `youth residential program' does
not include--
``(i) a hospital licensed by the State; or
``(ii) a foster family home that provides 24-hour
substitute care for children placed away from their parents
or guardians and for whom the State child welfare services
agency has placement and care responsibility and that is
licensed and regulated by the State as a foster family
home.''.
(c) National Academies of Sciences, Engineering, and
Medicine Study.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall seek to enter into a contract with the
National Academies of Sciences, Engineering, and Medicine
(referred to in this section as the ``National Academies'')
to conduct a study to examine the state of youth in youth
residential programs and make recommendations.
(2) Study components.--Pursuant to the contract under
paragraph (1), the National Academies shall, not later than 3
years after the date of enactment of this Act, issue a report
informed by the study conducted under such subsection that
includes--
(A) identification of all Federal and State funding sources
for youth residential programs;
(B) identification of Federal data collection sources on
youth in youth residential programs;
(C) identification of existing Federal and State regulation
of youth residential programs, including alternative
licensing standards or licensing exemptions for youth
residential programs;
(D) identification of existing standards of care of
national accreditation entities that provide accreditation or
certification of youth residential programs;
(E) identification of existing barriers in Federal and
State policy for blending and
[[Page S5076]]
braiding of Federal and State funding sources to serve youth
in community-based settings;
(F) recommendations for coordination by Federal and State
agencies of data on youth in youth residential programs; and
(G) recommendations for the improvement of Federal and
State oversight of youth residential programs receiving
Federal funding.
(3) Definition.--In this subsection, the term ``youth
residential program'' has the meaning given such term in
section 596A of the Public Health Service Act, as added by
subsection (b).
______
SA 2855. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle K of title V, add the following:
SEC. 599C. ESTABLISHMENT OF PROGRAM TO PROMOTE PARTICIPATION
OF FOREIGN STUDENTS IN THE SENIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Establishment.--
(1) In general.--Not later than January 1, 2026, the
Secretary of Defense shall establish a program using the
authority provided under section 2103(b) of title 10, United
States Code, to promote the participation of foreign students
in the Senior Reserve Officers' Training Corps (in this
section referred to as the ``Program'').
(2) Organization.--The Secretary of Defense, in
consultation with the Director of the Defense Security
Cooperation Agency, the Secretaries of the military
departments, the commanders of the combatant commands, the
participant institutions in the Senior Reserve Officers'
Training Corps program, and any other individual the
Secretary of Defense considers appropriate, shall be
responsible for, and shall oversee, the Program.
(b) Objective.--The objective of the Program is to promote
the readiness and interoperability of the United States Armed
Forces and the military forces of partner countries by
providing a high-quality, cost effective military-based
educational experience for foreign students in furtherance of
the military-to-military program objectives of the Department
of Defense and to enhance the educational experience and
preparation of future United States military leaders through
increased, extended interaction with highly qualified
potential foreign military leaders.
(c) Activities.--
(1) In general.--Under the Program, the Secretary of
Defense shall--
(A) identify to the military services' Senior Reserve
Officers' Training Corps program the foreign students who,
based on criteria established by the Secretary, the Secretary
recommends be considered for admission under the Program;
(B) coordinate with partner countries to evaluate interest
in and promote awareness of the Program;
(C) establish a mechanism for tracking an alumni network of
foreign students who participate in the Program; and
(D) to the extent practicable, work with the participant
institutions in the Senior Reserve Officers' Training Corps
program and partner countries to identify academic
institutions and programs that--
(i) have specialized academic programs in areas of study of
interest to participating countries; or
(ii) have high participation from or significant diaspora
populations from participating countries.
(d) Strategy.--
(1) In general.--Not later than September 30, 2025, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a strategy for the
implementation of the Program.
(2) Elements.--The strategy required by paragraph (1) shall
include the following elements:
(A) A governance structure for the Program, including--
(i) the officials tasked to oversee the Program;
(ii) the format of the governing body of the Program;
(iii) the functions and duties of such governing body with
respect to establishing and maintaining the Program; and
(iv) mechanisms for coordinating with partner countries
whose students are selected to participate in the Program.
(B) A list of additional authorities, appropriations, or
other congressional support necessary to ensure the success
of the Program.
(C) A description of targeted partner countries and
participant institutions in the Senior Reserve Officers'
Training Corps for the first three fiscal years of the
Program, including a rationale for selecting such initial
partners.
(D) A description of opportunities and potential timelines
for future Program expansion, as appropriate.
(E) A description of the mechanism for tracking the alumni
network of participants of the Program.
(F) Any other information the Secretary of Defense
considers appropriate.
(e) Report.--
(1) In general.--Not later than September 20, 2026, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees (as defined in section
101 of title 10, United States Code) a report on the Program.
(2) Elements.--Each report required by paragraph (1) shall
include the following elements:
(A) A narrative summary of activities conducted as part of
the Program during the preceding fiscal year.
(B) An overview of participant Senior Reserve Officers'
Training Corps programs, individuals, and countries, to
include a description of the areas of study entered into by
the students participating in the Program.
(C) A description of opportunities and potential timelines
for future Program expansion, as appropriate.
(D) Any other information the Secretary of Defense
considers appropriate.
(f) Limitation on Authority.--The Secretary of Defense may
not use the authority provided under this section to pay for
tuition or room and board for foreign students who
participate in the Program.
(g) Termination.--The Program shall terminate on December
31, 2030.
______
SA 2856. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ENLISTMENT OF CERTAIN ALIENS AND CLARIFICATION OF
NATURALIZATION PROCESS FOR SUCH ALIEN
ENLISTEES.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this section that is used in the immigration
laws shall have the meaning given such term in the
immigration laws.
(2) Armed forces.--The term ``Armed Forces'' has the
meaning given the term ``armed forces'' in section 101 of
title 10, United States Code.
(3) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(4) Military department.--The term ``military department''
has the meaning given such term in section 101 of title 10,
United States Code.
(5) Secretary concerned.--The term ``Secretary concerned''
has the meaning given such term in section 101 of title 10,
United States Code.
(b) Enlistment in the Armed Forces for Certain Aliens.--
Subsection (b)(1) of section 504 of title 10, United States
Code, is amended by adding at the end the following:
``(D)(i) An alien who--
``(I) subject to clause (ii), has been continuously
physically present in the United States for five years;
``(II) has completed, to the satisfaction of the Secretary
of Defense or the Secretary concerned, the same security or
suitability vetting processes as are required of qualified
individuals seeking enlistment in an armed force;
``(III) meets all other standards set forth for enlistment
in an armed force as are required of qualified individuals;
and
``(IV)(aa) has received a grant of deferred action pursuant
to the Deferred Action for Childhood Arrivals policy of the
Department of Homeland Security, or successor policy,
regardless of whether a court order terminates such policy;
``(bb) has been granted temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a); or
``(cc) is the beneficiary of an approved petition for an
immigrant visa, but has been unable to adjust status to that
of an alien lawfully admitted for permanent residence
pursuant to section 245 of the Immigration and Nationality
Act (8 U.S.C. 1255) because a visa number has not become
available or the beneficiary turned 21 years of age prior to
a visa becoming available.
``(ii) An alien described in clause (i) who has departed
the United States during the five-year period referred to in
subclause (I) of that clause shall be eligible to enlist if
the absence of the alien was pursuant to advance approval of
travel by the Secretary of Homeland Security and within the
scope of such travel authorization.''.
(c) Stay of Removal Proceedings.--Section 237 of the
Immigration and Nationality Act (8 U.S.C. 1227) is amended by
adding at the end the following:
``(e) If an alien described in section 504(b)(1)(D) of
title 10, United States Code, who is subject to a ground of
removability has served honorably in the Armed Forces, and if
separated from such service, was never separated except under
honorable conditions, the Secretary of Homeland Security
shall grant such alien an administrative stay of
[[Page S5077]]
removal under section 241(c)(2) until the earlier of--
``(1) the date on which the head of the military department
(as defined in section 101 of title 10, United States Code)
under which the alien served determines that the alien did
not served honorably in active-duty status, and if separated
from such service, that such separation was not under
honorable conditions as required by sections 328 and 329; or
``(2) the date on which the alien's application for
naturalization under section 328 or 329 has been denied or
revoked and all administrative appeals have been
exhausted.''.
(d) Timely Determination by the Secretary of Defense.--Not
later than 90 days after receiving a request by an alien who
has enlisted in the Armed Forces pursuant to section
504(b)(1)(D) of title 10, United States Code, for a
certification of service in the Armed Forces, the head of the
military department under which the alien served shall issue
a determination certifying whether the alien has served
honorably in an active-duty status, and whether separation
from such service was under honorable conditions as required
by sections 328 and 329 of the Immigration and Nationality
Act (8 U.S.C. 1439, 1440), unless the head of the military
department concerned requires additional time to vet national
security or counter-intelligence concerns.
(e) Medical Exception.--An alien who otherwise meets the
qualifications for enlistment under section 504(b)(1)(D) of
title 10, United States Code, but who, after reporting for
initial entry training, has not successfully completed such
training primarily for medical reasons shall be considered to
have separated from service in the Armed Forces under
honorable conditions for purposes of sections 328 and 329 of
the Immigration and Nationality Act (8 U.S.C. 1439, 1440), if
such medical reasons are certified by the head of the
military department under which the individual so served.
(f) Good Moral Character.--In determining whether an alien
who has enlisted in the Armed Forces pursuant to section
504(b)(1)(D) of title 10, United States Code, has good moral
character for purposes of section 101(f) of the Immigration
and Nationality Act (8 U.S.C. 1101(f)), the Secretary of
Homeland Security--
(1) shall consider the alien's honorable service in the
Armed Forces; and
(2) may make a finding of good moral character
notwithstanding--
(A)(i) any single misdemeanor offense, if the alien has not
been convicted of any offense during the 5-year period
preceding the date on which the alien applies for
naturalization; or
(ii) not more than 2 misdemeanor offenses, if the alien has
not been convicted of any offense during the 10-year period
preceding the date on which the alien applies for
naturalization.
(g) Confidentiality of Information.--
(1) In general.--The Secretary of Homeland Security or the
Secretary of Defense may not disclose or use for purposes of
immigration enforcement information provided in--
(A) documentation filed under this section or an amendment
made by this section; or
(B) enlistment applications filed, or inquiries made, under
section 504(b)(1)(D) of title 10, United States Code.
(2) Treatment of records.--
(A) In general.--Documentation filed under this section or
an amendment made by this section--
(i) shall be collected pursuant to section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974''); and
(ii) may not be disclosed under subsection (b)(7) of that
section for purposes of immigration enforcement.
(B) Destruction.--In the case of an alien who attempts to
enlist under section 504(b)(1)(D) of title 10, United States
Code, but does not successfully do so (except in the case of
an alien described in subsection (e)), the Secretary of
Homeland Security and the Secretary of Defense shall destroy
information provided in documentation filed under this
section or an amendment made by this section not later than
60 days after the date on which the alien concerned is denied
enlistment or fails to complete basic training, as
applicable.
(3) Referrals prohibited.--The Secretary of Homeland
Security or the Secretary of Defense (or any designee of the
Secretary of Homeland Security or the Secretary of Defense),
based solely on information provided in an application for
naturalization submitted by an alien who has enlisted in the
Armed Forces under section 504(b)(1)(D) of title 10, United
States Code, or an enlistment application filed or an inquiry
made under that section, may not refer the individual
concerned to U.S. Immigration and Customs Enforcement or U.S.
Customs and Border Protection.
(4) Limited exception.--Notwithstanding paragraphs (1)
through (3), information provided in an application for
naturalization submitted by an individual who has enlisted in
the Armed Forces under section 504(b)(1)(D) of title 10,
United States Code, may be shared with Federal security and
law enforcement agencies--
(A) for assistance in the consideration of an application
for naturalization;
(B) to identify or prevent fraudulent claims;
(C) for national security purposes pursuant to section 6611
of the National Defense Authorization Act for Fiscal Year
2020 (50 U.S.C. 3352f); or
(D) for the investigation or prosecution of any Federal
crime, except any offense, other than a fraud or false
statement offense, that is--
(i) related to immigration status; or
(ii) a petty offense (as defined in section 19 of title 18,
United States Code).
(5) Penalty.--Any person who knowingly and willfully uses,
publishes, or examines, or permits such use, publication, or
examination of, any information produced or provided by, or
collected from, any source or person under this section or an
amendment made by this section, and in violation of this
subsection, shall be guilty of a misdemeanor and fined not
more than $5,000.
(h) Rule of Construction.--Nothing in this section or an
amendment made by this section may be construed to modify--
(1) except as otherwise specifically provided in this
section, the process prescribed by sections 328 and 329A of
the Immigration and Nationality Act (8 U.S.C. 1439, 1440-1)
by which a person may naturalize, or be granted posthumous
United States citizenship, through service in the Armed
Forces; or
(2) the qualifications for original enlistment in any
component of the Armed Forces otherwise prescribed by law or
the Secretary of Defense.
______
SA 2857. Mr. SCHUMER (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. PHYSICAL AND CYBERSECURITY REQUIREMENTS FOR
DATACENTERS STORING FRONTIER ARTIFICIAL
INTELLIGENCE MODELS.
(a) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given such term in section 238
of the John S. McCain National Defense Authorization Act for
Fiscal year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061).
(2) Covered artificial intelligence firm.--The term
``covered artificial intelligence firm'' means a person who
engages in the development, deployment, or management of
artificial intelligence technologies which the President
designates as critical to national security, economic
stability, or public safety.
(3) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(b) Findings.--Congress makes the following findings:
(1) Model weights and related technology in the possession
of private artificial intelligence firms are an invaluable
national resource that would pose a grave threat to United
States national security if stolen by a foreign adversary
through a cyberoperation or insider threat.
(2) Numerous foreign adversaries have the capacity to
engage in cyberoperations to extract important data from
private companies absent the most stringent cybersecurity
protections.
(c) Authority for Mandatory Requirements.--
(1) In general.--The President may develop mandatory
cybersecurity and insider threat protocols for all covered
artificial intelligence firms to address or mitigate risks
relating to national security, economic stability, or public
safety, including to protect vital national resources from
theft that would do grave damage to the United States.
(2) Additional risks.--Pursuant to paragraph (1), the
President may develop additional protocols for subsets of
covered artificial intelligence firms that present additional
risks to national security, economic stability, or public
safety.
(3) Minimum stringency.--Protocols developed under
paragraph (2) shall be no less stringent than ISO/IEC 27001,
as in effect on the day before the date of the enactment of
this Act.
(d) Delegation of Authority.--
(1) In general.--The President may delegate the authority
provided by subsection (c) to an Executive agency as the
President considers appropriate.
(2) Waiver of certain administrative requirements.--Use of
authority under subsection (c) that has been delegated to an
Executive agency under paragraph (1) of this subsection shall
be exempt from the requirements of section 553 of title 5,
United States Code.
______
SA 2858. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
[[Page S5078]]
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2823. IMPROVEMENT OF ADMINISTRATION OF MILITARY
UNACCOMPANIED HOUSING.
(a) Updated Guidance on Surveys.--The Secretary of Defense,
in carrying out the satisfaction survey requirement under
section 3058 of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 10
U.S.C. 2821 note), shall update guidance to the Secretaries
of the military departments to ensure that members of the
Armed Forces living in military unaccompanied housing are
surveyed in a consistent and comparable manner.
(b) Review on Processes and Methodologies for Condition
Scores.--
(1) In general.--The Secretary of Defense shall conduct a
review of the processes and methodologies by which the
Secretaries of the military departments calculate condition
scores for military unaccompanied housing facilities under
the jurisdiction of the Secretary concerned.
(2) Elements.--The review required under paragraph (1)
shall, among other factors--
(A) consider how best to ensure a condition score of a
facility reflects--
(i) the physical condition of the facility; and
(ii) the effect of that condition on the quality of life of
members of the Armed Forces.
(B) aim to increase methodological consistency between the
military departments.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the review
conducted under paragraph (1).
(c) Accounting of Members Residing in Military
Unaccompanied Housing.--
(1) In general.--The Secretary of Defense shall include
with the submission to Congress by the President of the
annual budget of the Department of Defense under section
1105(a) of title 31, United States Code, an accounting of
unaccompanied members of the Armed Forces whose rank would
require that they live in military unaccompanied housing, but
that also receive a basic allowance for housing under section
403 of title 37, United States Code.
(2) Elements.--The accounting required under paragraph (1)
shall include--
(A) the number of members of the Armed Forces described in
such paragraph;
(B) the total value of basic allowance for housing payments
provided to those members; and
(C) such other information as the Secretary considers
appropriate.
(d) Centralized Tracking.--Not later than one year after
the date of the enactment of this Act, each Secretary of a
military department shall develop a means for centralized
tracking, at the service level, of all military construction
requirements related to military unaccompanied housing that
have been identified at the installation level, regardless of
whether or not they are submitted for funding.
(e) Military Unaccompanied Housing Defined.--In this
section, the term ``military unaccompanied housing'' has the
meaning given that term in section 2871 of title 10, United
States Code.
______
SA 2859. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2823. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS REGARDING MILITARY HOUSING.
(a) Basic Allowance for Housing.--The Secretary of Defense
shall ensure that the Military Compensation Policy
directorate within the Office of the Deputy Assistant
Secretary of Defense for Military Personnel Policy, in
coordination with each military department, not later than
one year after the date of the enactment of this Act,
establishes and implements a process for consistently
monitoring anchor points, the interpolation table, external
alternative data, and any indications of potential bias by
using quality information to set rates for basic allowance
for housing under section 403 of title 37, United States
Code, and ensuring timely remediation of any identified
deficiencies.
(b) Work Order Data for Privatized Military Housing.--The
Secretary of Defense shall ensure that the Assistant
Secretary of Defense for Sustainment, not later than one year
after the date of the enactment of this Act--
(1) requires the military departments to establish a
process to validate data collected by privatized military
housing partners to better ensure the reliability and
validity of work order data and to allow for more effective
use of such data for monitoring and tracking purposes; and
(2) provides in future reports to Congress additional
explanation of such work order data collected and reported,
such as explaining the limitations of available survey data,
how resident satisfaction was calculated, and reasons for any
missing data.
(c) Finances for Privatized Military Housing Projects.--The
Secretary of Defense shall ensure that the Assistant
Secretary of Defense for Energy, Installations, and
Environment, not later than one year after the date of the
enactment of this Act, takes steps to resume issuing required
reports to Congress on the financial condition of privatized
military housing in a timely manner.
(d) Privatized Military Housing Defined.--In this section,
the term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
______
SA 2860. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. STUDY ON FEASIBILITY AND ADVISABILITY OF LOAN
FORGIVENESS PROGRAM FOR BEHAVIORAL HEALTH
CLINICIANS OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall conduct a
study on the feasibility and advisability of conducting a
loan forgiveness program for behavioral health clinicians of
the Department of Defense as outlined in recommendation 6.3
of the final report issued by the Suicide Prevention and
Response Independent Review Committee.
(b) Elements.--In conducting the study required under
subsection (a), the Secretary shall include an assessment
of--
(1) the potential need or demand for a loan forgiveness
program for behavioral health clinicians of the Department;
(2) the costs associated with such a program, including
actual loan forgiveness amounts per recipient;
(3) other programs that could serve as a model for such a
program; and
(4) how the Secretary could best leverage such a program to
maximize benefit to the Department.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study conducted under subsection (a).
______
SA 2861. Mr. BROWN (for himself and Mr. Scott of South Carolina)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. EXTENSION OF FENTANYL SANCTIONS ACT.
(a) In General.--Section 7234 of the Fentanyl Sanctions Act
(21 U.S.C. 2334) is amended by striking ``the date that is 7
years after the date of the enactment of this Act'' and
inserting ``December 31, 2030''.
(b) Reporting Requirement.--Section 7211(c) of the Fentanyl
Sanctions Act (22 U.S.C. 2311(c)) is amended by striking
``the date that is 5 years after such date of enactment'' and
inserting ``December 31, 2030''.
(c) Briefing Requirement.--Section 7216 of the Fentanyl
Sanctions Act (22 U.S.C. 2316) is amended by striking ``the
date that is 5 years after such date of enactment'' and
inserting ``December 31, 2030''.
SEC. 1292. AMENDMENTS TO THE 21ST CENTURY PEACE THROUGH
STRENGTH ACT.
The 21st Century Peace through Strength Act (division D of
Public Law 118-50) is amended--
(1) in division G--
(A) in section 1(a)--
(i) by inserting ``and the Committee on Financial
Services'' after ``the Committee on Foreign Affairs''; and
(ii) by inserting ``and the Committee on Banking, Housing,
and Urban Affairs'' after ``the Committee on Foreign
Relations''; and
(B) in section 2(c), by striking paragraphs (1) through (4)
and inserting the following:
``(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Financial Services of
the House of Representatives; and
``(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.''; and
(2) in division O, in section 6(f)--
(A) in paragraph (1), by inserting ``, the Committee on
Financial Services,'' after ``the Committee on Foreign
Affairs''; and
(B) in paragraph (2), by inserting ``, the Committee on
Banking, Housing, and Urban Affairs,'' after ``the Committee
on Foreign Relations''.
______
SA 2862. Mr. SCOTT of South Carolina (for himself and Mr. Booker)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year
[[Page S5079]]
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
(a) In General.--Section 1106(b) of the Public Health
Service Act (42 U.S.C. 300b-5(b)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment
of sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(2) in paragraph (2)(D), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment
of sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``enter into a
contract with'' and inserting ``make a grant to, or enter
into a contract or cooperative agreement with,''; and
(B) in subparagraph (B), in each of clauses (ii) and (iii),
by striking ``prevention and treatment of sickle cell
disease'' and inserting ``treatment of sickle cell disease
and the prevention and treatment of complications of sickle
cell disease''; and
(4) in paragraph (6), by striking ``$4,455,000 for each of
fiscal years 2019 through 2023'' and inserting ``$8,205,000
for each of fiscal years 2024 through 2028''.
(b) Sense of Congress.--It is the sense of Congress that
further research should be undertaken to expand the
understanding of the causes of, and to find cures for,
heritable blood disorders, including sickle cell disease.
______
SA 2863. Mr. YOUNG (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike section 236 and insert the following:
SEC. 236. ARTIFICIAL INTELLIGENCE AND BIOTECHNOLOGY SANDBOX
PILOT PROGRAM TO DEVELOP NEAR-TERM USE CASES
AND DEMONSTRATION OF ARTIFICIAL INTELLIGENCE
TOWARD BIOTECHNOLOGY APPLICATIONS FOR NATIONAL
SECURITY.
(a) Pilot Program Required.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of
Defense shall commence carrying out a pilot program on
developing near-term use cases and demonstrations of
artificial intelligence toward biotechnology applications for
national security.
(b) Duration.--The pilot program required by subsection (a)
shall be carried out during the five-year period beginning on
the date of the commencement of the pilot program.
(c) Public-private Partnerships.--The Secretary shall carry
out the pilot program required by subsection (a) by entering
into one or more public-private partnerships.
(d) Biological Data.--In carrying out the pilot program
required in subsection (a), the Secretary shall use
artificial intelligence models trained on or applied to
biological data or problems.
(e) Laboratory Partnerships.--
(1) In general.--In order to facilitate any partnership
entered into under subsection (c), the Secretary shall--
(A) develop a set of laboratory partners to perform
biological experimentation that would help to validate their
artificial intelligence models; and
(B) develop a streamlined partnership model to make it
easier for companies and laboratories to work together to
better evaluate applications for products for national
security purposes.
(2) Consultation.--In carrying out paragraph (1), the
Secretary shall ensure sufficient consultation with the
following:
(A) The Under Secretary of Defense for Research and
Engineering.
(B) The Under Secretary of Defense for Acquisition and
Sustainment.
(C) The head of the Air Force Research Laboratory.
(D) The head of the Naval Research Laboratory.
(E) The head of the DEVCOM Army Research Laboratory.
(F) The Chief Digital and Artificial Intelligence Officer.
(G) The Director of the Test Resource Management Center.
(H) The head of the Air Force Artificial Intelligence
Accelerator.
(I) The Chief Research and Development Officer for the
Department of Veterans Affairs.
(J) The Director of the Defense Advanced Research Projects
Agency.
(K) Such others as the Secretary considers appropriate.
(f) Infrastructure.--In carrying out the pilot program
required by subsection (a), the Secretary shall ensure that
such computing and data storage infrastructure as may be
necessary for testing and evaluating cases and demonstrations
of artificial intelligence towards biotechnology applications
is fully operational before the date that is one year after
the date of the enactment of this Act.
(g) Eligible Projects.--Projects eligible for testing in
[the Sandbox --Note: What sandbox? This is the first mention
of a sandbox.] shall be associated with the Department of
Defense and involve the use of artificial intelligence models
trained on or applied to biological data or problems. Such
projects may include--
(1) predicting and producing medical countermeasures;
(2) analysis and development of warfighter diagnostics and
treatments;
(3) predicting or producing new or enhanced biological
materials;
(4) analyzing and predicting how biology could contribute
to the supply chain, especially for national defense; or
(5) any other project as the Secretary considers
appropriate.
(h) Annual Report.--.
(1) In general.--Not later than one year after the date of
the enactment of this Act and not less frequently than once
each year thereafter for the duration of the pilot program
required by subsection (a), the Secretary shall submit to the
congressional defense committees an annual report on the
pilot program.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report, the
following:
(A) An assessment of existing Department of Defense
biological data resources, including those relating to health
data, genetic data, and biological surveillance data, and how
to leverage such resources in [the sandbox].
(B) [The updated cybersecurity requirements for sandbox
users. --Note: What requirements are you referring to? This
is the first mention of anything about cybersecurity
requirements.]
(C) The development of any mechanisms necessary for
collaboration among different parties associated with
projects in [the Sandbox], including intellectual property
agreements, funding agreements, and material transfer
agreements.
(D) An assessment of the role that artificial intelligence
is playing in developing biotechnology, such as how
commercial industry may be using artificial intelligence to
develop biotechnologies.
(E) A description of near-term use cases developed under
the pilot program for artificial intelligence-enabled
biotechnology applications for national security.
(F) A description of planned, ongoing, and complete
demonstrations or other pilot programs funded under the pilot
program required by subsection (a) or otherwise by the
Department of Defense.
(G) An assessment of the viability for transition of
technology developed under the pilot program, including
assessment of--
(i) the resources needed for further development and
scaling of such technology; and
(ii) the potential benefits of such technology.
(3) Form.--Each report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(i) Transition Plan.--One year before the end of the pilot
program, the Secretary shall submit to the congressional
defense committees a plan that outlines what steps the
Department could take to turn the pilot program into an
operational program if authorized by Congress to do so. This
plan shall include the following:
(1) A transition timeline.
(2) Associated annual cost of running the program.
(3) Additional infrastructure that might be needed.
(4) An outlined landscape of jurisdiction, partnerships,
and collaboration within the Department and with external
stakeholders.
(5) Examples of projects from the pilot phase of the
program and their outcomes.
(6) The potential impact to Department capabilities of
transitioning the program.
(7) Any other details deemed necessary to include by the
Secretary.
______
SA 2864. Ms. DUCKWORTH (for herself and Ms. Murkowski) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. APPLICATION OF LEAVE PROVISIONS FOR MEMBERS OF THE
ARMED FORCES TO MEMBERS OF THE PUBLIC HEALTH
SERVICE.
(a) In General.--Section 221(a) of the Public Health
Service Act (42 U.S.C. 213a(a)) is amended by adding at the
end the following:
``(22) Chapter 40, Leave, except that, in applying section
701(b) of such chapter 40 for purposes of this section, `120
days' leave' shall be substituted for `60 days' leave'.''.
(b) Conforming Repeal.--Section 219 of the Public Health
Service Act (42 U.S.C. 210-1) is repealed.
[[Page S5080]]
______
SA 2865. Mr. CARPER (for Mrs. Capito (for herself and Mr. Carper))
submitted an amendment intended to be proposed by Mr. Carper to the
bill S. 4638, to authorize appropriations for fiscal year 2025 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY
PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Curbside recycling.--The term ``curbside recycling''
means the process by which residential recyclable materials
are picked up curbside.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State (as defined in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903));
(B) a unit of local government;
(C) an Indian Tribe; and
(D) a public-private partnership.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Materials recovery facility.--
(A) In general.--The term ``materials recovery facility''
means a recycling facility where primarily residential
recyclables, which are diverted from disposal by a generator
and collected separately from municipal solid waste, are
mechanically or manually sorted into commodities for further
processing into specification-grade commodities for sale to
end users.
(B) Exclusion.--The term ``materials recovery facility''
does not include a solid waste management facility that may
process municipal solid waste to remove recyclable materials.
(6) Pilot grant program.--The term ``pilot grant program''
means the Recycling Infrastructure and Accessibility Program
established under subsection (b).
(7) Recyclable material.--The term ``recyclable material''
means obsolete, previously used, off-specification, surplus,
or incidentally produced material for processing into a
specification-grade commodity for which a market exists.
(8) Transfer station.--The term ``transfer station'' means
a facility that--
(A) receives and consolidates recyclable material from
curbside recycling or drop-off facilities; and
(B) loads the recyclable material onto tractor trailers,
railcars, or barges for transport to a distant materials
recovery facility or another recycling-related facility.
(9) Underserved community.--The term ``underserved
community'' means a community, including an unincorporated
area, without access to full recycling services because--
(A) transportation, distance, or other reasons render
utilization of available processing capacity at an existing
materials recovery facility cost prohibitive; or
(B) the processing capacity of an existing materials
recovery facility is insufficient to manage the volume of
recyclable materials produced by that community.
(b) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Administrator shall establish a
pilot grant program, to be known as the ``Recycling
Infrastructure and Accessibility Program'', to award grants,
on a competitive basis, to eligible entities to improve
recycling accessibility in a community or communities within
the same geographic area.
(c) Goal.--The goal of the pilot grant program is to fund
eligible projects that will significantly improve
accessibility to recycling systems through investments in
infrastructure in underserved communities through the use of
a hub-and-spoke model for recycling infrastructure
development.
(d) Applications.--To be eligible to receive a grant under
the pilot grant program, an eligible entity shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
may require.
(e) Considerations.--In selecting eligible entities to
receive a grant under the pilot grant program, the
Administrator shall consider--
(1) whether the community or communities in which the
eligible entity is seeking to carry out a proposed project
has curbside recycling;
(2) whether the proposed project of the eligible entity
will improve accessibility to recycling services in a single
underserved community or multiple underserved communities;
and
(3) if the eligible entity is a public-private partnership,
the financial health of the private entity seeking to enter
into that public-private partnership.
(f) Priority.--In selecting eligible entities to receive a
grant under the pilot grant program, the Administrator shall
give priority to eligible entities seeking to carry out a
proposed project in a community in which there is not more
than 1 materials recovery facility within a 75-mile radius of
that community.
(g) Use of Funds.--An eligible entity awarded a grant under
the pilot grant program may use the grant funds for projects
to improve recycling accessibility in communities, including
in underserved communities, by--
(1) increasing the number of transfer stations;
(2) expanding curbside recycling collection programs where
appropriate; and
(3) leveraging public-private partnerships to reduce the
costs associated with collecting and transporting recyclable
materials in underserved communities.
(h) Prohibition on Use of Funds.--An eligible entity
awarded a grant under the pilot grant program may not use the
grant funds for projects relating to recycling education
programs.
(i) Minimum and Maximum Grant Amount.--A grant awarded to
an eligible entity under the pilot grant program shall be in
an amount--
(1) not less than $500,000; and
(2) not more than $15,000,000.
(j) Set-Aside.--The Administrator shall set aside not less
than 70 percent of the amounts made available to carry out
the pilot grant program for each fiscal year to award grants
to eligible entities to carry out a proposed project or
program in a single underserved community or multiple
underserved communities.
(k) Federal Share.--The Federal share of the cost of a
project or program carried out by an eligible entity using
grant funds shall be not more than 95 percent.
(l) Report.--Not later than 2 years after the date on which
the first grant is awarded under the pilot grant program, the
Administrator shall submit to Congress a report describing
the implementation of the pilot grant program, which shall
include--
(1) a list of eligible entities that have received a grant
under the pilot grant program;
(2) the actions taken by each eligible entity that received
a grant under the pilot grant program to improve recycling
accessibility with grant funds; and
(3) to the extent information is available, a description
of how grant funds received under the pilot grant program
improved recycling rates in each community in which a project
or program was carried out under the pilot grant program.
(m) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the pilot grant program
$30,000,000 for each of fiscal years 2025 through 2029, to
remain available until expended.
(2) Administrative costs and technical assistance.--Of the
amounts made available under paragraph (1), the Administrator
may use up to 5 percent--
(A) for administrative costs relating to carrying out the
pilot grant program; and
(B) to provide technical assistance to eligible entities
applying for a grant under the pilot grant program.
______
SA 2866. Mr. BOOKER (for himself, Mr. Paul, and Mr. Boozman)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. CURRENTLY ACCEPTED MEDICAL USE WITH SEVERE
RESTRICTIONS.
(a) Definitions.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended by inserting after paragraph
(7) the following:
``(7)(A) Subject to subparagraph (B), the term `currently
accepted medical use with severe restrictions', with respect
to a drug or other substance, includes a drug or other
substance that is an active metabolite, moiety, or ingredient
(whether in natural or synthetic form) of an investigational
new drug for which a waiver is in effect under section 505(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)) or section 351(a)(3) of the Public Health Service Act
(42 U.S.C. 262(a)(3)) and that the Secretary--
``(i) designates as a breakthrough therapy under section
506(a) of the Food Drug and Cosmetic Act (21 U.S.C. 356(a));
or
``(ii) authorizes for expanded access under subsection (b)
or (c) of section 561 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb), either alone or as part of a
therapeutic protocol, to treat patients with serious or life-
threatening diseases for which no comparable or satisfactory
therapies are available.
``(B) A drug or other substance shall not meet the criteria
under subparagraph (A) for having a currently accepted
medical use with severe restrictions if--
``(i) in the case of a drug or other substance described in
subparagraph (A)(ii)--
``(I) the Secretary places the expanded access or protocol
for such drug on clinical hold as described in section 312.42
of title 21, Code of Federal Regulations (or any successor
regulations);
``(II) there is no other investigational new drug
containing the drug or other substance for which expanded
access has been authorized under section 561(a) of the
Federal Food,
[[Page S5081]]
Drug, and Cosmetic Act (21 U.S.C. 360bbb(a)); and
``(III) the drug or other substance does not meet the
requirements of subparagraph (A)(i); or
``(ii) the drug or other substance is approved under
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or section 351 of the Public Health Service Act
(42 U.S.C. 262).''.
(b) Authority and Criteria for Classification of
Substances.--Section 201(j) of the Controlled Substances Act
(21 U.S.C. 811(j)) is amended--
(1) in paragraph (1), by inserting ``a drug designated as a
breakthrough therapy under section 506(a) of the Food Drug
and Cosmetic Act (21 U.S.C. 356(a)), or a drug authorized for
expanded access under subsection (b) or (c) of section 561 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb)''
after ``subsection (f),'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(C) the date on which the Attorney General receives
notification from the Secretary of Health and Human Services
that the Secretary has designated a drug as a breakthrough
therapy under section 506(a) of the Food Drug and Cosmetic
Act (21 U.S.C. 356(a)) or authorized a drug for expanded
access under subsection (b) or (c) of section 561 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb); or
``(D) the date on which the Attorney General receives any
written notification demonstrating that the Secretary, before
the date of enactment of this subparagraph, designated a drug
as a breakthrough therapy under section 506(a) of the Food
Drug and Cosmetic Act (21 U.S.C. 356(a)) or authorized a drug
for expanded access under subsection (b) or (c) of section
561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb).'';
(3) in paragraph (3), by inserting ``or paragraph (4)''
after ``paragraph (1)''; and
(4) by adding at the end the following:
``(4) With respect to a drug moved from schedule I to
schedule II pursuant to paragraph (1) and the expedited
procedures described under this subsection, if the drug no
longer has a currently accepted medical use with severe
restrictions and the Secretary of Health and Human Services
recommends that the Attorney General control the drug in
schedule I pursuant to subsections (a) and (b), the Attorney
General shall, not later than 90 days after receiving written
notification from the Secretary, issue an interim final rule
controlling the drug in accordance with such subsections and
section 202(b) using the procedures described in paragraph
(3) of this subsection.''.
______
SA 2867. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. __. FLY AMERICA ACT EXCEPTION REGARDING CERTAIN
TRANSPORTATION OF DOMESTICATED ANIMALS.
(a) In General.--Section 40118 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Certain Transportation of Domesticated Animals.--
``(1) In general.--Notwithstanding subsections (a) and (c),
an appropriation to any department, agency, or
instrumentality of the United States Government may be used
to pay for the transportation of Federal personnel, dependent
of the Federal personnel, and in-cabin or accompanying
checked baggage or cargo, by a foreign air carrier when--
``(A) the transportation is from a place--
``(i) outside the United States to a place in the United
States;
``(ii) in the United States to a place outside the United
States; or
``(iii) between two places outside the United States; and
``(B) no air carrier holding a certificate under section
41102 is willing and able to transport up to three
domesticated animals accompanying such Federal personnel or
dependent.
``(2) Limitation.--An amount paid pursuant to paragraph (1)
for transportation by a foreign air carrier may not be
greater than the amount that would otherwise have been paid
had the transportation been on an air carrier holding a
certificate under section 41102 had that carrier been willing
and able to provide such transportation. If the amount that
would otherwise have been paid to such an air carrier is less
than the cost of transportation on the applicable foreign air
carrier, the Federal personnel shall pay the difference of
such amount.
``(3) Definition.--In this subsection:
``(A) Domesticated animal.--The term `domesticated animal'
means a dog or a cat, or any other animal the Secretary deems
appropriate for reimbursement under this section.
``(B) Federal personnel.--The term `Federal personnel'
means any officer or employee of the United States
Government, including any member of the uniformed services
(as that term is defined in section 2101 of title 5), the
Foreign Service, and any Peace Corp volunteer.
``(C) Peace corps volunteer.--The term `Peace Corps
volunteer' means an individual described in section 5(a) of
the Peace Corps Act (22 U.S.C. 2504(a)).''.
(b) Repeal.--Section 6224 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) is
repealed.
______
SA 2868. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3__. IMPLEMENTATION BY DEPARTMENT OF DEFENSE OF FOOD
SERVICE GUIDELINES FOR FEDERAL FACILITIES.
The Secretary of Defense shall, through the Defense
Logistics Agency and other applicable contracts for
subsistence items, implement the Food Service Guidelines for
Federal Facilities issued by the Department of Health and
Human Services at all facilities of the Department of
Defense, including by ensuring--
(1) the choice of a nutritious, protein-rich, plant-based,
full-service entree option at each meal; and
(2) nutritious, protein-rich, plant-based food options in
all rations, including meals ready-to-eat (MREs).
______
SA 2869. Mr. LUJAN (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10_____. TECHNICAL CORRECTIONS TO THE NAVAJO NATION
WATER RESOURCES DEVELOPMENT TRUST FUND, THE
TAOS PUEBLO WATER DEVELOPMENT FUND, AND THE
AAMODT SETTLEMENT PUEBLOS' FUND.
(a) Authorization of Payment of Adjusted Interest on the
Navajo Nation Water Resources Development Trust Fund.--The
Omnibus Public Land Management Act of 2009 (Public Law 111-
11) is amended--
(1) in section 10701(e)(1)(A)(vii), by striking ``10702.''
and inserting ``10702, except for deposits made pursuant to
section 10702(g).''; and
(2) in section 10702--
(A) in subsection (a)(1), by striking ``subsection (f)''
and inserting ``subsections (f) and (g)''; and
(B) by adding at the end the following:
``(g) Adjusted Interest Payments.--In addition to amounts
made available under subsection (f), there is authorized to
be appropriated for deposit in the Trust Fund
$6,357,674.46.''.
(b) Authorization of Payment of Adjusted Interest on the
Taos Pueblo Water Development Fund.--The Claims Resolution
Act of 2010 (Public Law 111-291) is amended by adding after
section 513 the following:
``SEC. 514. ADJUSTED INTEREST PAYMENTS.
``In addition to the amounts made available under section
509(c), there is authorized to be appropriated to the
Secretary for deposit into the Taos Pueblo Water Development
Fund established by section 505(a) $7,794,297.52.''.
(c) Authorization of Payment of Adjusted Interest on the
Aamodt Settlement Pueblos' Fund.--The Claims Resolution Act
of 2010 (Public Law 111-291) is amended by adding after
section 626 the following:
``SEC. 627. INTEREST PAYMENTS.
``(a) Adjusted Interest Payments.--In addition to amounts
made available under section 617, there is authorized to be
appropriated to the Secretary for deposit into the Aamodt
Settlement Pueblos' Fund established by section 615(a)
$4,314,709.18 for the Pueblos' share of the costs of
operating, maintaining, and replacing the Pueblo Water
Facilities and the Regional Water System, as set forth in
section 617(c)(1)(B).
``(b) Waiver of Payment.--To the extent monies are due or
payable to the United States attributable to interest earned
on amounts made available under section 617(c)(1)(A) prior to
September 15, 2017, the Secretary of the Treasury shall waive
payment of such monies.''.
(d) Disclaimer.--
(1) Section 509 of claims resolution act of 2010.--Nothing
in this Act shall be construed to affect the previous
satisfaction of
[[Page S5082]]
the conditions precedent in section 509(f)(2) of the Claims
Resolution Act of 2010 (Public Law 111-291) or to affect the
validity of the Secretarial finding published in the Federal
Register on October 7, 2016, pursuant to section 509(f)(1) of
the Claims Resolution Act of 2010 (Public Law 111-291) that
such conditions precedent were fully satisfied.
(2) Section 623 of claims resolution act of 2010.--Nothing
in this Act shall be construed to affect the previous
satisfaction of the conditions precedent in section 623(a)(2)
of the Claims Resolution Act of 2010 (Public Law 111-291) or
to affect the validity of the Secretarial finding published
in the Federal Register on September 15, 2017, pursuant to
section 623(a)(1) of the Claims Resolution Act of 2010
(Public Law 111-291) that such conditions precedent were
fully satisfied.
______
SA 2870. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. RETIRED LAW ENFORCEMENT OFFICERS CONTINUING SERVICE.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the
end the following:
``PART PP--CIVIL LAW ENFORCEMENT TASK GRANTS
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Civilian law enforcement task.--The term `civilian
law enforcement task' includes--
``(A) assisting in homicide investigations;
``(B) assisting in carjacking investigations;
``(C) assisting in financial crimes investigations;
``(D) reviewing camera footage;
``(E) crime scene analysis;
``(F) forensics analysis; and
``(G) providing expertise in computers, computer networks,
information technology, or the internet.
``(2) Eligible entity.--The term `eligible entity' means a
State, local, Tribal, or territorial law enforcement agency.
``SEC. 3062. GRANTS AUTHORIZED.
``The Attorney General may award grants to eligible
entities for the purpose of hiring retired personnel from law
enforcement agencies to--
``(1) train civilian employees of the eligible entity on
civilian law enforcement tasks that can be performed on
behalf of a law enforcement agency; and
``(2) perform civilian law enforcement tasks on behalf of
the eligible entity.
``SEC. 3063. ACCOUNTABILITY PROVISIONS.
``(a) In General.--A grant awarded under this part shall be
subject to the accountability requirements of this section.
``(b) Audit Requirement.--
``(1) Definition.--In this subsection, the term `unresolved
audit finding' means a finding in a final audit report of the
Inspector General of the Department of Justice that an
audited grantee has used grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date when the final
audit report is issued.
``(2) Audits.--Beginning in the first fiscal year beginning
after the date of enactment of the Retired Law Enforcement
Officers Continuing Service Act, and in each fiscal year
thereafter, the Inspector General of the Department of
Justice shall conduct audits of recipients of grants under
this part to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General of the Department of Justice
shall determine the appropriate number of grantees to be
audited each year.
``(3) Mandatory exclusion.--A recipient of grant funds
under this part that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this part during the first 2 fiscal years beginning after the
end of the 12-month period described in paragraph (1).
``(4) Priority.--In awarding grants under this part, the
Attorney General shall give priority to eligible entities
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this part.
``(c) Annual Certification.--Beginning in the fiscal year
during which audits commence under subsection (b)(2), the
Attorney General shall submit to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives an annual
certification--
``(1) indicating whether--
``(A) all audits issued by the Office of the Inspector
General of the Department of Justice under subsection (b)
have been completed and reviewed by the appropriate Assistant
Attorney General or Director; and
``(B) all mandatory exclusions required under subsection
(b)(3) have been issued; and
``(2) that includes a list of any grant recipients excluded
under subsection (b)(3) from the previous year.
``(d) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an eligible entity under this part, the Attorney
General shall compare potential grant awards with other
grants awarded by the Attorney General to determine if grant
awards are or have been awarded for a similar purpose.
``(2) Report.--If the Attorney General awards grants to the
same applicant for a similar purpose, 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 includes--
``(A) a list of all such grants awarded, including the
total dollar amount of any such grants awarded; and
``(B) the reason the Attorney General awarded multiple
grants to the same applicant for a similar purpose.''.
______
SA 2871. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. FEDERAL TRADE COMMISSION ENFORCEMENT AGAINST SHAM
PETITIONS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Covered application.--The term ``covered application''
means an application filed pursuant to subsection (b)(2) or
(j) of section 505 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355) or section 351(k) of the Public Health
Service Act (42 U.S.C. 262(k)).
(3) Covered petition.--The term ``covered petition'' means
a petition, or a supplement to a petition, filed under
section 505(q) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(q)).
(4) Person.--The term ``person''--
(A) means an individual or entity; and
(B) includes--
(i) a successor or an assign of an entity;
(ii) a joint venture, subsidiary, partnership, division,
group, or affiliate controlled by an entity; and
(iii) a successor or an assign of a joint venture,
subsidiary, partnership, division, group, or affiliate
controlled by an entity.
(5) Series of covered petitions.--The term ``series of
covered petitions'' means any group of more than 1 covered
petition relating to the same covered application.
(6) Sham.--The term ``sham'' means--
(A) a covered petition that--
(i) is objectively baseless; and
(ii) attempts to use a governmental process, as opposed to
the outcome of that process, to interfere with the business
of a competitor; or
(B) a series of covered petitions that attempts to use a
governmental process, as opposed to the outcome of that
process, to interfere with the business of a competitor.
(b) Violation.--A person submitting or causing the
submission of a covered petition or a series of covered
petitions that is a sham shall be liable for engaging in an
unfair method of competition under section 5(a)(1) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(1)).
(c) Civil Action.--
(1) In general.--If the Commission has reason to believe
that the submission of a covered petition or a series of
covered petitions constitutes a violation of section 5(a)(1)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), the
Commission may commence a civil action to recover a civil
penalty and seek other appropriate relief in a district court
of the United States against any person that submitted or
caused to be submitted such covered petition or such series
of covered petitions.
(2) Presumption.--In a civil action under paragraph (1), a
covered petition shall be presumed to be part of a series of
covered petitions that is a sham under subsection (b) of this
section if--
(A) the Secretary of Health and Human Services--
(i) has determined that the covered petition was submitted
with the primary purpose of delaying the approval of a
covered application; and
(ii) has referred such determination to the Commission in
writing, including a reasoned basis for the determination;
and
(B) the covered petition was part of a series of covered
petitions.
(3) Exception.--The presumption in paragraph (2) shall not
apply if the defendant establishes, by a preponderance of the
evidence, that the series of covered petitions that includes
the covered petition referred to the Commission by the
Secretary of Health and Human Services is not a sham.
(4) Civil penalty.--In an action under paragraph (1), any
person that has been found liable for a violation of section
5(a)(1) of the Federal Trade Commission Act (15 U.S.C.
45(a)(1)) shall be subject to a civil penalty for each
violation of not more than the greater of--
(A) any revenue earned from the sale by such person of any
drug product, referenced
[[Page S5083]]
in a covered application that was the subject of a covered
petition or a series of covered petitions that is a sham,
during the period during which the covered petition or series
of covered petitions was under review by the Secretary of
Health and Human Services; or
(B) $50,000 for each calendar day that each covered
petition that is a sham or that was part of a series of
covered petitions that is a sham was under review by the
Secretary of Health and Human Services.
(5) Review of referral.--No referral by the Secretary of
Health and Human Services under paragraph (2)(A) shall be
subject to judicial review, except as a third-party claim
asserted by the defendant under section 706(2)(A) of title 5,
United States Code, against the Secretary of Health and Human
Services or the Department of Health and Human Services, as
part of a civil action commenced under paragraph (1).
(6) Antitrust laws.--Nothing in this section shall modify,
impair, limit, or supersede the applicability of the
antitrust laws, as defined in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 12), and of section 5
of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent that it applies to unfair methods of competition.
(7) Rule of construction.--The civil penalty provided in
this subsection is in addition to, and not in lieu of, any
other remedies provided by Federal law, including under
section 16 of the Clayton Act (15 U.S.C. 26) or under section
13(b) of the Federal Trade Commission Act (15 U.S.C. 53(b)).
(d) Applicability.--This section shall apply to any covered
petition submitted on or after the date of enactment of this
Act.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit any authority of the Commission under any
other provision of law.
(f) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is held to be unconstitutional, the remainder of this section
and the application of the provisions of such section to any
person or circumstance shall not be affected.
______
SA 2872. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. PRESERVE ACCESS TO AFFORDABLE GENERICS AND
BIOSIMILARS ACT.
(a) Short Title.--This section may be cited as the
``Preserve Access to Affordable Generics and Biosimilars
Act''.
(b) Congressional Findings and Declaration of Purposes.--
(1) Findings.--Congress finds the following:
(A) In 1984, the Drug Price Competition and Patent Term
Restoration Act (Public Law 98-417) (referred to in this Act
as the ``1984 Act''), was enacted with the intent of
facilitating the early entry of generic drugs while
preserving incentives for innovation.
(B) Prescription drugs make up approximately 10 percent of
the national health care spending.
(C) Initially, the 1984 Act was successful in facilitating
generic competition to the benefit of consumers and health
care payers, although 88 percent of all prescriptions
dispensed in the United States are generic drugs, they
account for only 28 percent of all expenditures.
(D) Generic drugs cost substantially less than brand name
drugs, with discounts off the brand price averaging 80 to 85
percent.
(E) Federal dollars currently account for over 40 percent
of the $325,000,000,000 spent on retail prescription drugs,
and this share is expected to rise to 47 percent by 2025.
(F)(i) In recent years, the intent of the 1984 Act has been
subverted by certain settlement agreements in which brand
name companies transfer value to their potential generic
competitors to settle claims that the generic company is
infringing the branded company's patents.
(ii) These ``reverse payment'' settlement agreements--
(I) allow a branded company to share its monopoly profits
with the generic company as a way to protect the branded
company's monopoly; and
(II) have unduly delayed the marketing of low-cost generic
drugs contrary to free competition, the interests of
consumers, and the principles underlying antitrust law.
(iii) Because of the price disparity between brand name and
generic drugs, such agreements are more profitable for both
the brand and generic manufacturers than competition and will
become increasingly common unless prohibited.
(iv) These agreements result in consumers losing the
benefits that the 1984 Act was intended to provide.
(G) In 2010, the Biologics Price Competition and Innovation
Act (Public Law 111-148) (referred to in this Act as the
``BPCIA''), was enacted with the intent of facilitating the
early entry of biosimilar and interchangeable follow-on
versions of branded biological products while preserving
incentives for innovation.
(H) Biological drugs play an important role in treating
many serious illnesses, from cancers to genetic disorders.
They are also expensive, representing more than 40 percent of
all prescription drug spending.
(I) Competition from biosimilar and interchangeable
biological products promises to lower drug costs and increase
patient access to biological medicines. But ``reverse
payment'' settlement agreements also threaten to delay the
entry of biosimilar and interchangeable biological products,
which would undermine the goals of BPCIA.
(2) Purposes.--The purposes of this section are--
(A) to enhance competition in the pharmaceutical market by
stopping anticompetitive agreements between brand name and
generic drug and biosimilar biological product manufacturers
that limit, delay, or otherwise prevent competition from
generic drugs and biosimilar biological products; and
(B) to support the purpose and intent of antitrust law by
prohibiting anticompetitive practices in the pharmaceutical
industry that harm consumers.
(c) Unlawful Compensation for Delay.--
(1) In general.--The Federal Trade Commission Act (15
U.S.C. 44 et seq.) is amended by inserting after section 26
(15 U.S.C. 57c-2) the following:
``SEC. 27. PRESERVING ACCESS TO AFFORDABLE GENERICS AND
BIOSIMILARS.
``(a) In General.--
``(1) Enforcement proceeding.--The Commission may initiate
a proceeding to enforce the provisions of this section
against the parties to any agreement resolving or settling,
on a final or interim basis, a patent claim, in connection
with the sale of a drug product or biological product.
``(2) Presumption and violation.--
``(A) In general.--Subject to subparagraph (B), in such a
proceeding, an agreement shall be presumed to have
anticompetitive effects and shall be a violation of this
section if--
``(i) an ANDA filer or a biosimilar biological product
application filer receives anything of value, including an
exclusive license; and
``(ii) the ANDA filer or biosimilar biological product
application filer agrees to limit or forgo research,
development, manufacturing, marketing, or sales of the ANDA
product or biosimilar biological product, as applicable, for
any period of time.
``(B) Exception.--Subparagraph (A) shall not apply if the
parties to such agreement demonstrate by clear and convincing
evidence that--
``(i) the value described in subparagraph (A)(i) is
compensation solely for other goods or services that the ANDA
filer or biosimilar biological product application filer has
promised to provide; or
``(ii) the procompetitive benefits of the agreement
outweigh the anticompetitive effects of the agreement.
``(b) Exclusions.--Nothing in this section shall prohibit a
resolution or settlement of a patent infringement claim in
which the consideration that the ANDA filer or biosimilar
biological product application filer, respectively, receives
as part of the resolution or settlement includes only one or
more of the following:
``(1) The right to market and secure final approval in the
United States for the ANDA product or biosimilar biological
product at a date, whether certain or contingent, prior to
the expiration of--
``(A) any patent that is the basis for the patent
infringement claim; or
``(B) any patent right or other statutory exclusivity that
would prevent the marketing of such ANDA product or
biosimilar biological product.
``(2) A payment for reasonable litigation expenses not to
exceed--
``(A) for calendar year 2024, $7,500,000; or
``(B) for calendar year 2025 and each subsequent calendar
year, the amount determined for the preceding calendar year
adjusted to reflect the percentage increase (if any) in the
Producer Price Index for Legal Services published by the
Bureau of Labor Statistics of the Department of Labor for the
most recent calendar year.
``(3) A covenant not to sue on any claim that the ANDA
product or biosimilar biological product infringes a United
States patent.
``(c) Enforcement.--
``(1) Enforcement.--A violation of this section shall be
treated as an unfair method of competition under section
5(a)(1).
``(2) Judicial review.--
``(A) In general.--Any party that is subject to a final
order of the Commission, issued in an administrative
adjudicative proceeding under the authority of subsection
(a)(1), may, within 30 days of the issuance of such order,
petition for review of such order in--
``(i) the United States Court of Appeals for the District
of Columbia Circuit;
``(ii) the United States Court of Appeals for the circuit
in which the ultimate parent entity, as defined in section
801.1(a)(3) of title 16, Code of Federal Regulations, or any
successor thereto, of the NDA holder or biological product
license holder is incorporated as of the date that the NDA or
biological product license application, as applicable, is
filed with the Secretary of Health and Human Services; or
``(iii) the United States Court of Appeals for the circuit
in which the ultimate parent entity of the ANDA filer or
biosimilar biological product application filer is
incorporated as of the date that the ANDA or biosimilar
biological product application is filed
[[Page S5084]]
with the Secretary of Health and Human Services.
``(B) Treatment of findings.--In a proceeding for judicial
review of a final order of the Commission, the findings of
the Commission as to the facts, if supported by evidence,
shall be conclusive.
``(d) Antitrust Laws.--Nothing in this section shall
modify, impair, limit, or supersede the applicability of the
antitrust laws as defined in subsection (a) of the first
section of the Clayton Act (15 U.S.C. 12(a)), and of section
5 of this Act to the extent that section 5 applies to unfair
methods of competition. Nothing in this section shall modify,
impair, limit, or supersede the right of an ANDA filer or
biosimilar biological product application filer to assert
claims or counterclaims against any person, under the
antitrust laws or other laws relating to unfair competition.
``(e) Penalties.--
``(1) Forfeiture.--Each party that violates or assists in
the violation of this section shall forfeit and pay to the
United States a civil penalty sufficient to deter violations
of this section, but in no event greater than 3 times the
value received by the party that is reasonably attributable
to the violation of this section. If no such value has been
received by the NDA holder, the biological product license
holder, the ANDA filer, or the biosimilar biological product
application filer, the penalty to the NDA holder, the
biological product license holder, the ANDA filer, or the
biosimilar biological product application filer shall be
sufficient to deter violations, but in no event shall be
greater than 3 times the value given to an ANDA filer or
biosimilar biological product application filer reasonably
attributable to the violation of this section. Such penalty
shall accrue to the United States and may be recovered in a
civil action brought by the Commission, in its own name by
any of its attorneys designated by it for such purpose, in a
district court of the United States against any party that
violates this section. In such actions, the United States
district courts are empowered to grant mandatory injunctions
and such other and further equitable relief as they deem
appropriate.
``(2) Cease and desist.--
``(A) In general.--If the Commission has issued a cease and
desist order with respect to a party in an administrative
adjudicative proceeding under the authority of subsection
(a)(1), an action brought pursuant to paragraph (1) may be
commenced against such party at any time before the
expiration of 1 year after such order becomes final pursuant
to section 5(g).
``(B) Exception.--In an action under subparagraph (A), the
findings of the Commission as to the material facts in the
administrative adjudicative proceeding with respect to the
violation of this section by a party shall be conclusive
unless--
``(i) the terms of such cease and desist order expressly
provide that the Commission's findings shall not be
conclusive; or
``(ii) the order became final by reason of section 5(g)(1),
in which case such finding shall be conclusive if supported
by evidence.
``(3) Civil penalty.--In determining the amount of the
civil penalty described in this section, the court shall take
into account--
``(A) the nature, circumstances, extent, and gravity of the
violation;
``(B) with respect to the violator, the degree of
culpability, any history of violations, the ability to pay,
any effect on the ability to continue doing business, profits
earned by the NDA holder, the biological product license
holder, the ANDA filer, or the biosimilar biological product
application filer, compensation received by the ANDA filer or
biosimilar biological product application filer, and the
amount of commerce affected; and
``(C) other matters that justice requires.
``(4) Remedies in addition.--Remedies provided in this
subsection are in addition to, and not in lieu of, any other
remedy provided by Federal law. Nothing in this section shall
be construed to limit any authority of the Commission under
any other provision of law.
``(f) Definitions.--In this section:
``(1) Agreement.--The term `agreement' means anything that
would constitute an agreement under section 1 of the Sherman
Act (15 U.S.C. 1) or section 5 of this Act.
``(2) Agreement resolving or settling a patent infringement
claim.--The term `agreement resolving or settling a patent
infringement claim' includes any agreement that is entered
into within 30 days of the resolution or the settlement of
the claim, or any other agreement that is contingent upon,
provides a contingent condition for, or is otherwise related
to the resolution or settlement of the claim.
``(3) ANDA.--The term `ANDA' means an abbreviated new drug
application filed under section 505(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)) or a new drug
application submitted pursuant to section 505(b)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)).
``(4) ANDA filer.--The term `ANDA filer' means a party that
owns or controls an ANDA filed with the Secretary of Health
and Human Services or has the exclusive rights under such
ANDA to distribute the ANDA product.
``(5) ANDA product.--The term `ANDA product' means the
product to be manufactured under the ANDA that is the subject
of the patent infringement claim.
``(6) Biological product.--The term `biological product'
has the meaning given such term in section 351(i)(1) of the
Public Health Service Act (42 U.S.C. 262(i)(1)).
``(7) Biological product license application.--The term
`biological product license application' means an application
under section 351(a) of the Public Health Service Act (42
U.S.C. 262(a)).
``(8) Biological product license holder.--The term
`biological product license holder' means--
``(A) the holder of an approved biological product license
application for a biological product;
``(B) a person owning or controlling enforcement of any
patents that claim the biological product that is the subject
of such approved application; or
``(C) the predecessors, subsidiaries, divisions, groups,
and affiliates controlled by, controlling, or under common
control with any of the entities described in subparagraphs
(A) and (B) (such control to be presumed by direct or
indirect share ownership of 50 percent or greater), as well
as the licensees, licensors, successors, and assigns of each
of the entities.
``(9) Biosimilar biological product.--The term `biosimilar
biological product' means the product to be manufactured
under the biosimilar biological product application that is
the subject of the patent infringement claim.
``(10) Biosimilar biological product application.--The term
`biosimilar biological product application' means an
application under section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)) for licensure of a biological product
as biosimilar to, or interchangeable with, a reference
product.
``(11) Biosimilar biological product application filer.--
The term `biosimilar biological product application filer'
means a party that owns or controls a biosimilar biological
product application filed with the Secretary of Health and
Human Services or has the exclusive rights under such
application to distribute the biosimilar biological product.
``(12) Drug product.--The term `drug product' has the
meaning given such term in section 314.3(b) of title 21, Code
of Federal Regulations (or any successor regulation).
``(13) Market.--The term `market' means the promotion,
offering for sale, selling, or distribution of a drug
product.
``(14) NDA.--The term `NDA' means a new drug application
filed under section 505(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)).
``(15) NDA holder.--The term `NDA holder' means--
``(A) the holder of an approved NDA application for a drug
product;
``(B) a person owning or controlling enforcement of the
patent listed in the Approved Drug Products With Therapeutic
Equivalence Evaluations (commonly known as the `FDA Orange
Book') in connection with the NDA; or
``(C) the predecessors, subsidiaries, divisions, groups,
and affiliates controlled by, controlling, or under common
control with any of the entities described in subparagraphs
(A) and (B) (such control to be presumed by direct or
indirect share ownership of 50 percent or greater), as well
as the licensees, licensors, successors, and assigns of each
of the entities.
``(16) Party.--The term `party' means any person,
partnership, corporation, or other legal entity.
``(17) Patent infringement.--The term `patent infringement'
means infringement of any patent or of any filed patent
application, including any extension, reissue, renewal,
division, continuation, continuation in part, reexamination,
patent term restoration, patents of addition, and extensions
thereof.
``(18) Patent infringement claim.--The term `patent
infringement claim' means any allegation made to an ANDA
filer or biosimilar biological product application filer,
whether or not included in a complaint filed with a court of
law, that its ANDA or ANDA product, or biosimilar biological
product license application or biosimilar biological product,
may infringe any patent held by, or exclusively licensed to,
the NDA holder or biological product license holder of the
drug product or biological product, as applicable.
``(19) Statutory exclusivity.--The term `statutory
exclusivity' means those prohibitions on the submission or
the approval of drug applications under clauses (ii) through
(iv) of section 505(c)(3)(E), clauses (ii) through (iv) of
section 505(j)(5)(F), section 527, section 505A, or section
505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(c)(3)(E), 360cc, 355a, 355f), or on the submission or
licensing of biological product applications under section
351(k)(7) or paragraph (2) or (3) of section 351(m) of the
Public Health Service Act (42 U.S.C. 262) or under section
527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360cc).''.
(2) Effective date.--Section 27 of the Federal Trade
Commission Act, as added by this section, shall apply to all
agreements described in section 27(a)(1) of that Act entered
into on or after the date of enactment of this Act.
(d) Certification of Agreements.--
(1) Notice of all agreements.--Section 1111(7) of the
Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (21 U.S.C. 355 note) is amended by inserting ``,
or the owner of a patent for which a claim of infringement
could reasonably be asserted against any person for making,
using, offering to sell, selling, or importing into the
United States a biological product that is
[[Page S5085]]
the subject of a biosimilar biological product application''
before the period at the end.
(2) Certification of agreements.--Section 1112 of the
Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (21 U.S.C. 355 note) is amended by adding at the
end the following:
``(d) Certification.--The Chief Executive Officer or the
company official responsible for negotiating any agreement
under subsection (a) or (b) that is required to be filed
under subsection (c), within 30 days after such filing, shall
execute and file with the Assistant Attorney General and the
Commission a certification as follows: `I declare that the
following is true, correct, and complete to the best of my
knowledge: The materials filed with the Federal Trade
Commission and the Department of Justice under section 1112
of subtitle B of title XI of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, with respect to
the agreement referenced in this certification--
``(1) represent the complete, final, and exclusive
agreement between the parties;
``(2) include any ancillary agreements that are contingent
upon, provide a contingent condition for, or are otherwise
related to, the referenced agreement; and
``(3) include written descriptions of any oral agreements,
representations, commitments, or promises between the parties
that are responsive to subsection (a) or (b) of such section
1112 and have not been reduced to writing.' ''.
(e) Notification of Agreements.--Section 1112 of the
Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (21 U.S.C. 355 note), as amended by subsection
(d)(2), is further amended by adding at the end the
following:
``(e) Rule of Construction.--
``(1) In general.--An agreement that is required under
subsection (a) or (b) shall include agreements resolving any
outstanding disputes, including agreements resolving or
settling a Patent Trial and Appeal Board proceeding.
``(2) Definition.--For purposes of subparagraph (A), the
term `Patent Trial and Appeal Board proceeding' means a
proceeding conducted by the Patent Trial and Appeal Board of
the United States Patent and Trademark Office, including an
inter partes review instituted under chapter 31 of title 35,
United States Code, a post-grant review instituted under
chapter 32 of that title (including a proceeding instituted
pursuant to the transitional program for covered business
method patents, as described in section 18 of the Leahy-Smith
America Invents Act (35 U.S.C. 321 note)), and a derivation
proceeding instituted under section 135 of that title.''.
(f) Forfeiture of 180-day Exclusivity Period.--Section
505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting
``section 27 of the Federal Trade Commission Act or'' after
``that the agreement has violated''.
(g) Commission Litigation Authority.--Section 16(a)(2) of
the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is
amended--
(1) in subparagraph (D), by striking ``or'' after the
semicolon;
(2) in subparagraph (E)--
(A) by moving the margin 2 ems to the left; and
(B) by inserting ``or'' after the semicolon; and
(3) inserting after subparagraph (E) the following:
``(F) under section 27,''.
(h) Report on Additional Exclusion.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Federal Trade Commission shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a recommendation, and the Commission's basis
for such recommendation, regarding a potential amendment to
include in section 27(b) of the Federal Trade Commission Act
(as added by subsection (c)) an additional exclusion for
consideration granted by an NDA holder to a ANDA filer or by
a biological product license holder to a biosimilar
biological product application filer as part of the
resolution or settlement, a release, waiver, or limitation of
a claim for damages or other monetary relief.
(2) Definitions.--In this section, the terms ``ANDA
filer'', ``biological product license holder'', ``biosimilar
biological product application filer'', and ``NDA holder''
have the meanings given such terms in section 27(f) of the
Federal Trade Commission Act (as added by subsection (c)).
(i) Statute of Limitations.--The Federal Trade Commission
shall commence any enforcement proceeding described in
section 27 of the Federal Trade Commission Act, as added by
subsection (c), except for an action described in section
27(e)(2) of the Federal Trade Commission Act, not later than
6 years after the date on which the parties to the agreement
file the certification under section 1112(d) of the Medicare
Prescription Drug Improvement and Modernization Act of 2003
(21 U.S.C. 355 note).
(j) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section, the
amendments made by this section, and the application of the
provisions of such section or amendments to any person or
circumstance shall not be affected.
______
SA 2873. Mr. LEE (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Congressional Approval of National Emergency Declarations
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Assuring that Robust,
Thorough, and Informed Congressional Leadership is Exercised
Over National Emergencies Act'' or the ``ARTICLE ONE Act''.
SEC. 1097. CONGRESSIONAL REVIEW OF NATIONAL EMERGENCIES.
Title II of the National Emergencies Act (50 U.S.C. 1621 et
seq.) is amended by striking sections 201 and 202 and
inserting the following:
``SEC. 201. DECLARATIONS OF NATIONAL EMERGENCIES.
``(a) Authority To Declare National Emergencies.--With
respect to Acts of Congress authorizing the exercise, during
the period of a national emergency, of any special or
extraordinary power, the President is authorized to declare
such a national emergency by proclamation. Such proclamation
shall immediately be transmitted to Congress and published in
the Federal Register.
``(b) Specification of Provisions of Law To Be Exercised.--
No powers or authorities made available by statute for use
during the period of a national emergency shall be exercised
unless and until the President specifies the provisions of
law under which the President proposes that the President or
other officers will act in--
``(1) a proclamation declaring a national emergency under
subsection (a); or
``(2) one or more Executive orders relating to the
emergency published in the Federal Register and transmitted
to Congress.
``(c) Prohibition on Subsequent Actions if Emergencies Not
Approved.--
``(1) Subsequent declarations.--If a joint resolution of
approval is not enacted under section 203 with respect to a
national emergency before the expiration of the 30-day period
described in section 202(a), or with respect to a national
emergency proposed to be renewed under section 202(b), the
President may not, during the remainder of the term of office
of that President, declare a subsequent national emergency
under subsection (a) with respect to the same circumstances.
``(2) Exercise of authorities.--If a joint resolution of
approval is not enacted under section 203 with respect to a
power or authority specified by the President in a
proclamation under subsection (a) or an Executive order under
subsection (b)(2) with respect to a national emergency, the
President may not, during the remainder of the term of office
of that President, exercise that power or authority with
respect to that emergency.
``(d) Effect of Future Laws.--No law enacted after the date
of the enactment of this Act shall supersede this title
unless it does so in specific terms, referring to this title,
and declaring that the new law supersedes the provisions of
this title.
``SEC. 202. EFFECTIVE PERIODS OF NATIONAL EMERGENCIES.
``(a) Temporary Effective Periods.--
``(1) In general.--A declaration of a national emergency
shall remain in effect for 30 days from the issuance of the
proclamation under section 201(a) (not counting the day on
which the proclamation was issued) and shall terminate when
that 30-day period expires unless there is enacted into law a
joint resolution of approval under section 203 with respect
to the proclamation.
``(2) Exercise of powers and authorities.--Any emergency
power or authority made available under a provision of law
specified pursuant to section 201(b) may be exercised
pursuant to a declaration of a national emergency for 30 days
from the issuance of the proclamation or Executive order (not
counting the day on which such proclamation or Executive
order was issued). That power or authority may not be
exercised after that 30-day period expires unless there is
enacted into law a joint resolution of approval under section
203 approving--
``(A) the proclamation of the national emergency or the
Executive order; and
``(B) the exercise of the power or authority specified by
the President in such proclamation or Executive order.
``(3) Exception if congress is unable to convene.--If
Congress is physically unable to convene as a result of an
armed attack upon the United States or another national
emergency, the 30-day periods described in paragraphs (1) and
(2) shall begin on the first day Congress convenes for the
first time after the attack or other emergency.
``(b) Renewal of National Emergencies.--A national
emergency declared by the President under section 201(a) or
previously renewed under this subsection, and not already
terminated pursuant to subsection (a) or (c), shall terminate
on the date that is one year after the President transmitted
to Congress the proclamation declaring the emergency or
Congress approved a previous renewal pursuant to this
subsection, unless--
[[Page S5086]]
``(1) the President publishes in the Federal Register and
transmits to Congress an Executive order renewing the
emergency; and
``(2) there is enacted into law a joint resolution of
approval renewing the emergency pursuant to section 203
before the termination of the emergency or previous renewal
of the emergency.
``(c) Termination of National Emergencies.--
``(1) In general.--Any national emergency declared by the
President under section 201(a) shall terminate on the
earliest of--
``(A) the date provided for in subsection (a);
``(B) the date provided for in subsection (b);
``(C) the date specified in an Act of Congress terminating
the emergency; or
``(D) the date specified in a proclamation of the President
terminating the emergency.
``(2) Effect of termination.--
``(A) In general.--Effective on the date of the termination
of a national emergency under paragraph (1)--
``(i) except as provided by subparagraph (B), any powers or
authorities exercised by reason of the emergency shall cease
to be exercised;
``(ii) any amounts reprogrammed or transferred under any
provision of law with respect to the emergency that remain
unobligated on that date shall be returned and made available
for the purpose for which such amounts were appropriated; and
``(iii) any contracts entered into under any provision of
law relating to the emergency shall be terminated.
``(B) Savings provision.--The termination of a national
emergency shall not affect--
``(i) any legal action taken or pending legal proceeding
not finally concluded or determined on the date of the
termination under paragraph (1);
``(ii) any legal action or legal proceeding based on any
act committed prior to that date; or
``(iii) any rights or duties that matured or penalties that
were incurred prior to that date.
``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES.
``(a) Joint Resolution of Approval Defined.--In this
section, the term `joint resolution of approval' means a
joint resolution that contains only the following provisions
after its resolving clause:
``(1) A provision approving--
``(A) a proclamation of a national emergency made under
section 201(a);
``(B) an Executive order issued under section 201(b)(2); or
``(C) an Executive order issued under section 202(b).
``(2) A provision approving a list of all or a portion of
the provisions of law specified by the President under
section 201(b) in the proclamation or Executive order that is
the subject of the joint resolution.
``(b) Procedures for Consideration of Joint Resolutions of
Approval.--
``(1) Introduction.--After the President transmits to
Congress a proclamation declaring a national emergency under
section 201(a), or an Executive order specifying emergency
powers or authorities under section 201(b)(2) or renewing a
national emergency under section 202(b), a joint resolution
of approval may be introduced in either House of Congress by
any member of that House.
``(2) Requests to convene congress during recesses.--If,
when the President transmits to Congress a proclamation
declaring a national emergency under section 201(a), or an
Executive order specifying emergency powers or authorities
under section 201(b)(2) or renewing a national emergency
under section 202(b), Congress has adjourned sine die or has
adjourned for any period in excess of 3 calendar days, the
majority leader of the Senate and the Speaker of the House of
Representatives, or their respective designees, acting
jointly after consultation with and with the concurrence of
the minority leader of the Senate and the minority leader of
the House, shall notify the Members of the Senate and House,
respectively, to reassemble at such place and time as they
may designate if, in their opinion, the public interest shall
warrant it.
``(3) Committee referral.--A joint resolution of approval
shall be referred in each House of Congress to the committee
or committees having jurisdiction over the emergency
authorities invoked by the proclamation or Executive order
that is the subject of the joint resolution.
``(4) Consideration in senate.--In the Senate, the
following shall apply:
``(A) Reporting and discharge.--If the committee to which a
joint resolution of approval has been referred has not
reported it at the end of 10 calendar days after its
introduction, that committee shall be automatically
discharged from further consideration of the resolution and
it shall be placed on the calendar.
``(B) Proceeding to consideration.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, when the committee
to which a joint resolution of approval is referred has
reported the resolution, or when that committee is discharged
under subparagraph (A) from further consideration of the
resolution, it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) for a motion to proceed to the consideration of
the joint resolution, and all points of order against the
joint resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is subject to 4
hours of debate divided equally between those favoring and
those opposing the joint resolution of approval. The motion
is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other
business.
``(C) Floor consideration.--A joint resolution of approval
shall be subject to 10 hours of consideration, to be divided
evenly between the proponents and opponents of the
resolution.
``(D) Amendments.--
``(i) In general.--Except as provided in clause (ii), no
amendments shall be in order with respect to a joint
resolution of approval.
``(ii) Amendments to strike or add specified provisions of
law.--Clause (i) shall not apply with respect to any
amendment--
``(I) to strike a provision or provisions of law from the
list required by subsection (a)(2); or
``(II) to add to that list a provision or provisions of law
specified by the President under section 201(b) in the
proclamation or Executive order that is the subject of the
joint resolution of approval.
``(E) Motion to reconsider final vote.--A motion to
reconsider a vote on passage of a joint resolution of
approval shall not be in order.
``(F) Appeals.--Points of order, including questions of
relevancy, and appeals from the decision of the Presiding
Officer, shall be decided without debate.
``(5) Consideration in house of representatives .--In the
House of Representatives, the following shall apply:
``(A) Reporting and discharge.--If any committee to which a
joint resolution of approval has been referred has not
reported it to the House within 10 calendar days after the
date of referral, such committee shall be discharged from
further consideration of the joint resolution.
``(B) Proceeding to consideration.--
``(i) In general.--Beginning on the third legislative day
after each committee to which a joint resolution of approval
has been referred reports it to the House or has been
discharged from further consideration, and except as provided
in clause (ii), it shall be in order to move to proceed to
consider the joint resolution in the House. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
``(ii) Subsequent motions to proceed to joint resolution of
approval.--A motion to proceed to consider a joint resolution
of approval shall not be in order after the House has
disposed of another motion to proceed on that resolution.
``(C) Floor consideration.--Upon adoption of the motion to
proceed in accordance with subparagraph (B)(i), the joint
resolution of approval shall be considered as read. The
previous question shall be considered as ordered on the joint
resolution to final passage without intervening motion except
two hours of debate, which shall include debate on any
amendments, equally divided and controlled by the sponsor of
the joint resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(D) Amendments.--
``(i) In general.--Except as provided in clause (ii), no
amendments shall be in order with respect to a joint
resolution of approval.
``(ii) Amendments to strike or add specified provisions of
law.--Clause (i) shall not apply with respect to any
amendment--
``(I) to strike a provision or provisions of law from the
list required by subsection (a)(2); or
``(II) to add to that list a provision or provisions of law
specified by the President under section 201(b) in the
proclamation or Executive order that is the subject of the
joint resolution.
``(6) Receipt of resolution from other house.--If, before
passing a joint resolution of approval, one House receives
from the other a joint resolution of approval from the other
House, then--
``(A) the joint resolution of the other House shall not be
referred to a committee and shall be deemed to have been
discharged from committee on the day it is received; and
``(B) the procedures set forth in paragraphs (3), (4), and
(5), as applicable, shall apply in the receiving House to the
joint resolution received from the other House to the same
extent as such procedures apply to a joint resolution of the
receiving House.
``(c) Rule of Construction.--The enactment of a joint
resolution of approval under this section shall not be
interpreted to serve as a grant or modification by Congress
of statutory authority for the emergency powers of the
President.
``(d) Rules of the House and Senate.--This section is
enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in the House in the case of joint resolutions
described in this section, and supersedes other rules only to
the extent that it is inconsistent with such other rules; and
``(2) with full recognition of the constitutional right of
either House to change the
[[Page S5087]]
rules (so far as relating to the procedure of that House) at
any time, in the same manner, and to the same extent as in
the case of any other rule of that House.
``SEC. 204. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES
INVOKING INTERNATIONAL EMERGENCY ECONOMIC
POWERS ACT.
``(a) In General.--In the case of a national emergency
described in subsection (b), the provisions of this Act, as
in effect on the day before the date of the enactment of the
Assuring that Robust, Thorough, and Informed Congressional
Leadership is Exercised Over National Emergencies Act, shall
continue to apply on and after such date of enactment.
``(b) National Emergency Described.--
``(1) In general.--A national emergency described in this
subsection is a national emergency pursuant to which the
President proposes to exercise emergency powers or
authorities made available under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), supplemented as
necessary by a provision of law specified in paragraph (2).
``(2) Provisions of law specified.--The provisions of law
specified in this paragraph are--
``(A) the United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.);
``(B) section 212(f) of the Immigration and Nationality Act
(8 U.S.C. 1182(f)); or
``(C) any provision of law that authorizes the
implementation, imposition, or enforcement of economic
sanctions with respect to a foreign country.
``(c) Effect of Additional Powers and Authorities.--
Subsection (a) shall not apply to a national emergency or the
exercise of emergency powers and authorities pursuant to the
national emergency if, in addition to the exercise of
emergency powers and authorities described in subsection (b),
the President proposes to exercise, pursuant to the national
emergency, any emergency powers and authorities under any
other provision of law.''.
SEC. 1098. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit
to Congress, with any proclamation declaring a national
emergency under section 201(a) or any Executive order
specifying emergency powers or authorities under section
201(b)(2) or renewing a national emergency under section
202(b), a report, in writing, that includes the following:
``(1) A description of the circumstances necessitating the
declaration of a national emergency, the renewal of such an
emergency, or the use of a new emergency authority specified
in the Executive order, as the case may be.
``(2) The estimated duration of the national emergency, or
a statement that the duration of the national emergency
cannot reasonably be estimated at the time of transmission of
the report.
``(3) A summary of the actions the President or other
officers intend to take, including any reprogramming or
transfer of funds, and the statutory authorities the
President and such officers expect to rely on in addressing
the national emergency.
``(4) In the case of a renewal of a national emergency, a
summary of the actions the President or other officers have
taken in the preceding one-year period, including any
reprogramming or transfer of funds, to address the emergency.
``(e) Provision of Information to Congress.--The President
shall provide to Congress such other information as Congress
may request in connection with any national emergency in
effect under title II.
``(f) Periodic Reports on Status of Emergencies.--If the
President declares a national emergency under section 201(a),
the President shall, not less frequently than every 6 months
for the duration of the emergency, report to Congress on the
status of the emergency and the actions the President or
other officers have taken and authorities the President and
such officers have relied on in addressing the emergency.''.
SEC. 1099. EXCLUSION OF IMPOSITION OF DUTIES AND IMPORT
QUOTAS FROM PRESIDENTIAL AUTHORITIES UNDER
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
Section 203 of the International Emergency Economic Powers
Act (50 U.S.C. 1702) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c)(1) The authority granted to the President by this
section does not include the authority to impose duties or
tariff-rate quotas or (subject to paragraph (2)) other quotas
on articles entering the United States.
``(2) The limitation under paragraph (1) does not prohibit
the President from excluding all articles imported from a
country from entering the United States.''.
SEC. 1099A. CONFORMING AMENDMENTS.
(a) National Emergencies Act.--Title III of the National
Emergencies Act (50 U.S.C. 1631) is repealed.
(b) International Emergency Economic Powers Act.--Section
207 of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended--
(1) in subsection (b), by striking ``concurrent
resolution'' and inserting ``joint resolution''; and
(2) by adding at the end the following:
``(e) In this section, the term `National Emergencies Act'
means the National Emergencies Act, as in effect on the day
before the date of the enactment of the Assuring that Robust,
Thorough, and Informed Congressional Leadership is Exercised
Over National Emergencies Act.''.
SEC. 1099B. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--This subtitle and the amendments made by
this subtitle shall--
(1) take effect on the date of the enactment of this Act;
and
(2) except as provided in subsection (b), apply with
respect to national emergencies declared under section 201 of
the National Emergencies Act on or after that date.
(b) Applicability to Renewals of Existing Emergencies.--
When a national emergency declared under section 201 of the
National Emergencies Act before the date of the enactment of
this Act would expire or be renewed under section 202(d) of
that Act (as in effect on the day before such date of
enactment), that national emergency shall be subject to the
requirements for renewal under section 202(b) of that Act, as
amended by section 1082.
______
SA 2874. Mr. PETERS (for himself, Ms. Collins, and Ms. Rosen)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. [__]. UNITED STATES POSTAL SERVICE STOP AND STUDY.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Postal
Regulatory Commission.
(2) Network changes.--The term ``network changes''--
(A) means permanent changes to the facilities or network of
the Postal Service, including--
(i) consolidation or partial consolidation of processing or
logistics facilities;
(ii) aggregation or consolidation of processing,
distribution, or delivery operations;
(iii) conversions or construction of facilities in order to
centralize operations; or
(iv) the systematic reduction of transportation trips
between sorting facilities and delivery units; and
(B) does not include temporary operational changes that are
necessary to maintain reliable service between facilities or
to alleviate congestion that has caused delays or disruption
of service.
(3) Postal service.--The term ``Postal Service'' means the
United States Postal Service.
(b) Advisory Opinion on Network Changes.--
(1) Advisory opinion.--
(A) Proposal.--Prior to implementing any network changes,
the Postal Service shall submit to the Commission a
comprehensive proposal with respect to all such network
changes using the procedures under section 3661(b) of title
39, United States Code.
(B) Opinion.--Not later than 180 days after the submission
of a comprehensive proposal under subparagraph (A), the
Commission shall issue an opinion on the comprehensive
proposal using the procedures under section 3661(c) of title
39, United States Code.
(C) Reversal.--An opinion under subparagraph (B) shall also
address the extent to which reversal of any network changes
implemented on or after January 1, 2023, is advisable.
(D) Access.--The Postal Service shall provide the
Commission any information and records the Commission deems
necessary to issue an opinion under subparagraph (B),
including any access to Postal Service facilities.
(2) Pause.--The Postal Service shall not implement any
proposed network changes until--
(A) the Commission issues an opinion on the proposed
network changes under paragraph (1)(B); and
(B) the Postal Service--
(i) considers the opinion; and
(ii) submits to Congress and the Commission a response to
the opinion that--
(I) addresses the opinion and any recommendations therein;
and
(II) explains the decision of the Postal Service to
implement or not implement each recommendation contained in
the opinion.
(3) Prohibition.--The Postal Service shall not implement
any network changes if the opinion under paragraph (1)(B)
finds that such changes are likely to have a negative impact
on service if implemented.
______
SA 2875. Ms. CANTWELL (for herself, Mr. Cruz, and Ms. Baldwin)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
[[Page S5088]]
SEC. 1095. AUTHORIZATION OF APPROPRIATIONS FOR THE COAST
GUARD.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2022 and 2023'' and inserting ``fiscal year
2024'';
(2) in paragraph (1)--
(A) by striking ``(1)(A) For the'' and all that follows
through ``2023.'' at the end of clause (ii) and inserting the
following:
``(1)(A) For the operation and maintenance of the Coast
Guard, not otherwise provided for, $10,054,000,000 for fiscal
year 2024.'';
(B) in subparagraph (B)--
(i) by striking ``subparagraph (A)(i)'' and inserting
``subparagraph (A)''; and
(ii) by striking ``$23,456,000'' and inserting
``$24,717,000''; and
(C) by striking subparagraph (C);
(3) by amending paragraph (2) to read as follows:
``(2) For the procurement, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels,
aircraft, and systems, including equipment related thereto,
and for maintenance, rehabilitation, lease, and operation of
facilities and equipment, $1,413,950,000 for fiscal year
2024.'';
(4) in paragraph (3), by striking ``equipment--'' and all
that follows through the period at the end of subparagraph
(B) and inserting ``equipment, $7,476,000 for fiscal year
2024.''; and
(5) in paragraph (4), by striking ``Defense--'' and all
that follows through the period at the end and inserting
``Defense, $277,000,000 for fiscal year 2024.''.
______
SA 2876. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. THRIFT SAVINGS PLAN CONTRIBUTIONS FOR SPOUSES OF
MEMBERS OF THE ARMED FORCES OR THE FOREIGN
SERVICE.
Section 8432(g) of title 5, United States Code, is amended
by adding at the end the following:
``(6) Nothing in paragraph (2) or (3) shall cause the
forfeiture of any contributions made for the benefit of an
employee, Member, or Congressional employee under subsection
(c)(1), or any earnings attributable thereto, if--
``(A) at the time such employee, Member, or Congressional
employee separates from Government employment, the spouse of
such employee, Member, or Congressional employee is--
``(i) a member of the armed forces, as defined in section
101(a) of title 10; or
``(ii) an individual described in section 103 of the
Foreign Service Act of 1980 (22 U.S.C. 3903), including an
individual serving in an agency other than the Department of
State that is utilizing the Foreign Service personnel system
in accordance with section 202 of that Act (22 U.S.C. 3922);
and
``(B) such employee, Member, or Congressional employee
separates from Government employment due to--
``(i) a permanent change of duty station of such spouse; or
``(ii) a change in the homeport or permanent duty station
of a vessel, ship-based squadron or staff, or mobile unit of
such spouse.''.
______
SA 2877. Ms. HIRONO submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10___. LAHAINA NATIONAL HERITAGE AREA STUDY.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Hawaii.
(3) Study area.--The term ``study area'' means the census-
designated place of Lahaina in Maui County in the State.
(b) Study.--The Secretary, in consultation with State and
local historic preservation officers, State and local
historical societies, State and local tourism offices, and
other appropriate organizations and governmental agencies,
shall carry out, in accordance with section 120103(a) of
title 54, United States Code, a study to assess the
suitability and feasibility of designating the study area as
a National Heritage Area, to be known as the ``Lahaina
National Heritage Area''.
______
SA 2878. Mr. PETERS (for himself and Mr. Cruz) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VIII, add the following:
Subtitle F--Federal Improvement in Technology Procurement
SEC. 894. SHORT TITLE.
This subtitle may be cited as the ``Federal Improvement in
Technology Procurement Act'' or the ``FIT Procurement Act''.
SEC. 895. DEFINITIONS.
In this subtitle:
(1) Acquisition workforce.--The term ``acquisition
workforce'' means employees of an executive agency who are
responsible for procurement, contracting, program or project
management that involves the performance of acquisition-
related functions, or others as designated by the Chief
Acquisition Officer, senior procurement executive, or head of
the contracting activity.
(2) Administrator.--The term ``Administrator'' means the
Administrator for Federal Procurement Policy.
(3) Cross-functional.--The term ``cross-functional'' means
a structure in which individuals with different functional
expertise or from different areas of an organization work
together as a team.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(5) Experiential learning.--The term ``experiential
learning'' means on-the-job experiences or simulations that
serve to enhance workforce professional skills.
(6) Information and communications technology.--The term
``information and communications technology''--
(A) has the meaning given the term in section 4713 of title
41, United States Code; and
(B) includes information and communications technologies
covered by definitions contained in the Federal Acquisition
Regulation, including definitions added after the date of the
enactment of this Act by the Federal Acquisition Regulatory
Council pursuant to notice and comment.
(7) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives.
(8) Small business.--The term ``small business'' has the
meaning given the term ``small business concern'' in section
3 of the Small Business Act (15 U.S.C. 632).
SEC. 896. ACQUISITION WORKFORCE.
(a) Experiential Learning.--Not later than 18 months after
the date of the enactment of this Act, the Federal
Acquisition Institute shall establish a pilot program to
consider the incorporation of experiential learning into the
Federal Credentials Program, the Federal Acquisition
Certification-Contracting Officer's Representative (FAC-COR)
Program, and the Federal Acquisition Certification for
Program and Project Managers (FAC-P/PM) Program, or any
successor programs.
(b) Training on Information and Communications Technology
Acquisition.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Federal Acquisition Institute,
in coordination with the Administrator, the Administrator of
General Services, the Administrator of the Office of
Electronic Government, the Chief Information Officers
Council, and the United States Digital Service, and in
consultation with others as determined to be appropriate by
the Director of the Federal Acquisition Institute, shall
develop and implement or otherwise provide a cross-functional
information and communications technology acquisition
training program for acquisition workforce members involved
in acquiring information and communications technology. The
training shall--
(A) include learning objectives related to market research,
communicating with industry and industry perspectives on the
procurement process, including how investment decisions are
impacted by Government communication and engagement,
developing requirements, acquisition planning, best practices
for developing and executing outcome-based contracts, and
source selection strategy, evaluating proposals, and awarding
and administering contracts for information and
communications technology;
(B) include learning objectives that provide a basic
understanding of key technologies Federal agencies need, such
as cloud computing, artificial intelligence and artificial
intelligence-enabled applications, and cybersecurity
solutions;
(C) include learning objectives that encourage the use of
commercial or commercially available off-the-shelf (COTS)
technologies to the greatest extent practicable;
(D) include case studies of lessons learned from Federal
information and communications technology procurements and
contracts, and related matters as deemed relevant by the
Director of the Federal Acquisition Institute;
(E) include experiential learning opportunities, and
opportunities to practice acquisition teaming involving
collaboration of team
[[Page S5089]]
members with varied relevant domain expertise to complete
acquisition-related tasks, including tasks with accelerated
timelines;
(F) include continuous learning recommendations and
resources to keep the skills of acquisition workforce members
current, including tools that help adopt or adapt the use of
innovative acquisition practices or other flexible business
practices commonly used in commercial buys;
(G) be made available to acquisition workforce members
designated by a Chief Acquisition Officer, senior procurement
executive, or head of the contracting activity to participate
in the training program; and
(H) inform executive agencies about streamlined and
alternative procurement methods for procurement of
information and communications technology, including--
(i) simplified procedures for certain commercial products
and commercial services in accordance with subpart 13.5 of
the Federal Acquisition Regulation, prize competitions under
the America COMPETES Reauthorization Act of 2010 (Public Law
111-358), competitive programs that encourage businesses to
engage in Federal research or research and development with
the potential for commercialization, and joint venture
partnerships;
(ii) innovative procurement techniques designed to
streamline the procurement process and lower barriers to
entry, such as use of oral presentations and product
demonstrations instead of lengthy written proposals,
appropriately leveraging performance and outcomes-based
contracting, and other techniques discussed on the Periodic
Table of Acquisition Innovations or other similar successor
knowledge management portals; and
(iii) information on appropriate use, examples and
templates, and any other information determined relevant by
the Administrator to assist contracting officers and other
members of the acquisition workforce in using the procedures
described in clauses (i) and (ii).
(I) includes ethical procurement practices as a core
component of trainings and provides a mechanism for feedback
from program participants to ensure trainings cover ethical
procurement practices that are aligned with the evolving
landscape of technology and procurement;
(J) incorporates learning objectives for workforce members
to identify and mitigate wasteful practices and unethical
behaviors in procurement processes, with a focus on practical
applications rather than theoretical knowledge; and
(K) incorporates learning objectives on privacy protection
and civil liberties safeguards, ensuring that all acquisition
workforce members understand the importance of integrating
these considerations into the procurement process.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Director of the Federal
Acquisition Institute shall provide to the relevant
committees of Congress, the Chief Acquisition Officers
Council, and the Chief Information Officers Council--
(A) a report on the Director's progress in developing and
implementing or otherwise providing the information and
communications technology acquisition training described in
paragraph (1); and
(B) a list of any acquisition training that the Director
determines to be outdated or no longer necessary for other
reasons.
(3) Duration.--The training program shall be updated as
appropriate as technology advances, but at least every 2
years after implementation, and offered for a minimum of 5
years following the date of implementation of the training
program.
(c) Acquisition Workforce Training Fund.--Section
1703(i)(3) of title 41, United States Code, is amended by
striking ``Five percent'' and inserting ``Seven and a half
percent''.
(d) Harmonization of Acquisition Workforce Training
Requirements.--The responsibility for the requirement in
subsection (b)(1) of section 2 of the AI Training Act (Public
Law 117-207; 41 U.S.C. 1703 note) is reassigned from the
Director of the Office of Management and Budget to the
Administrator of General Services.
SEC. 897. INNOVATIVE PROCUREMENT METHODS.
(a) Increase in Simplified Acquisition Threshold.--Section
134 of title 41, United States Code, is amended by striking
``$250,000'' and inserting ``$500,000''.
(b) Advances for Commercial Technology Subscriptions and
Tenancy.--Section 3324(d) of title 31, United States Code, is
amended--
(1) in paragraph (1)(C), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (2)--
(A) by inserting ``or commercially available content''
after ``publication''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(3) charges for information and communications technology
subscriptions, reservations, or tenancy, which means the
sharing of computing resources in a private or public
environment, including cloud environments, for which the
ordering agency defines appropriate access and security
standards.''.
SEC. 898. INCREASING COMPETITION IN FEDERAL CONTRACTING.
(a) Use of Past Performance.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall issue
guidance, including examples and templates where appropriate,
on--
(A) when a wider range of projects, such as commercial or
non-government, as well as Government projects, should be
accepted as relevant past performance, in order to have
increased competition among eligible firms with capability to
perform a requirement, such as a requirement without much
precedent;
(B) a means by which an agency may validate non-government
past performance references, such as by requiring an official
of an entity providing past performance references to attest
to their authenticity and by providing verifiable contact
information for the references; and
(C) use of alternative evaluation methods other than past
performance that may be appropriate for a requirement without
much precedent, such as demonstrations and testing of
technologies as part of the proposal process.
(2) Supplement not supplant.--The guidance issued under
paragraph (1) shall supplement, not replace, existing Federal
and agency policy and procedures for consideration of past
performance and other evaluation factors and methods.
(b) Enhancing Competition in Federal Procurement.--
(1) Council recommendations.--Not later than 90 days after
the date of the enactment of this Act, the Administrator
shall convene the Chief Acquisition Officers' Council (in
this section referred to as the ``Council''), to make
recommendations to identify and eliminate specific,
unnecessary procedural barriers that disproportionately
affect the ability of small businesses to compete for Federal
contracts, with a focus on streamlining documentation and
qualification requirements unrelated to the protection of
privacy and civil liberties, and related matters.
(2) Consultation.--The Council shall obtain input from the
public, including from the APEX Accelerators program
(formerly known as Procurement Technical Assistance Center
(PTAC) network) and other contractor representatives, to
identify Federal procurement policies and regulations that
are obsolete, overly burdensome or restrictive, not
adequately harmonized, or otherwise serve to create barriers
to small business participation in Federal contracting or
unnecessarily increase bid and proposal costs.
(3) Examination of actions.--The Council shall consider the
input obtained under paragraph (2) and any other information
determined to be relevant by the Council to identify
legislative, regulatory, and other actions to increase
competition and remove barriers to small business
participation in the procurement process.
(4) Implementation.--Not later than 2 years after the date
of the enactment of this Act, the Administrator shall, in
consultation with the Federal Acquisition Regulatory Council,
the Chief Acquisition Officers Council, and other agencies as
appropriate, implement the regulatory and other non-
legislative actions identified under paragraph (3), as
determined necessary by the Administrator, to remove barriers
to entry for small businesses seeking to participate in
Federal Government procurement.
(5) Briefing.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall brief the
relevant committees of Congress on the legislative actions
identified under paragraph (3), and the actions implemented
under paragraph (4).
(c) Consideration of Cost-efficiency and Quality.--The
Administrator shall advocate for and prioritize contracting
policies that ensure that cost-efficiency and quality of
goods and services are key determining factors in awarding
Federal contracts.
SEC. 899. COMPTROLLER GENERAL ASSESSMENT OF SMALL BUSINESS
PARTICIPATION IN FEDERAL PROCUREMENT.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress and make publicly available a report
that--
(1) assesses the current level of small business
participation in Federal procurement, identifying barriers,
opportunities, and the impact of existing policies on the
ability of small businesses to compete in Federal
procurement;
(2) catalogs and evaluates the effectiveness of programs
intended to support small business participation in Federal
procurement; and
(3) analyzes trends in small business involvement in
Federal technology projects, including data on contract
awards, the diversity of sectors represented, and the
geographic distribution of small business contractors.
SEC. 899A. CONFLICT OF INTEREST PROCEDURES.
The Federal Acquisition Regulatory Council and the
Administrator shall update the Federal Acquisition Regulation
as necessary to provide additional guidance to Federal
agencies to address personal and organizational conflicts of
interest involving members of the acquisition workforce.
SEC. 899B. NO ADDITIONAL FUNDING.
No additional funds are authorized to be appropriated for
the purpose of carrying out this subtitle.
______
SA 2879. Mr. CARPER (for himself and Mrs. Capito) submitted an
amendment intended to be proposed by him
[[Page S5090]]
to the bill S. 4638, to authorize appropriations for fiscal year 2025
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--THOMAS R. CARPER WATER RESOURCES DEVELOPMENT ACT OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Thomas R. Carper Water
Resources Development Act of 2024''.
SEC. 5002. DEFINITION OF SECRETARY.
In this division, the term ``Secretary'' means the
Secretary of the Army.
TITLE LI--GENERAL PROVISIONS
SEC. 5101. NOTICE TO CONGRESS REGARDING WRDA IMPLEMENTATION.
(a) Plan of Implementation.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop a plan for
implementing this division and the amendments made by this
division.
(2) Requirements.--In developing the plan under paragraph
(1), the Secretary shall--
(A) identify each provision of this division (or an
amendment made by this division) that will require--
(i) the development and issuance of guidance, including
whether that guidance will be significant guidance;
(ii) the development and issuance of a rule; or
(iii) appropriations;
(B) develop timelines for the issuance of--
(i) any guidance described in subparagraph (A)(i); and
(ii) each rule described in subparagraph (A)(ii); and
(C) establish a process to disseminate information about
this division and the amendments made by this division to
each District and Division Office of the Corps of Engineers.
(3) Transmittal.--On completion of the plan under paragraph
(1), the Secretary shall transmit the plan to--
(A) the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
(b) Implementation of Prior Water Resources Development
Laws.--
(1) Definition of prior water resources development law.--
In this subsection, the term ``prior water resources
development law'' means each of the following (including the
amendments made by any of the following):
(A) The Water Resources Development Act of 2000 (Public Law
106-541; 114 Stat. 2572).
(B) The Water Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1041).
(C) The Water Resources Reform and Development Act of 2014
(Public Law 113-121; 128 Stat. 1193).
(D) The Water Infrastructure Improvements for the Nation
Act (Public Law 114-322; 130 Stat. 1628).
(E) The America's Water Infrastructure Act of 2018 (Public
Law 115-270; 132 Stat. 3765).
(F) Division AA of the Consolidated Appropriations Act,
2021 (Public Law 116-260; 134 Stat. 2615).
(G) Title LXXXI of division H of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023
(Public Law 117-263; 136 Stat. 3691).
(2) Notice.--
(A) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a written notice of the status of
efforts by the Secretary to implement the prior water
resources development laws.
(B) Contents.--
(i) In general.--As part of the notice under subparagraph
(A), the Secretary shall include a list describing each
provision of a prior water resources development law that has
not been fully implemented as of the date of submission of
the notice.
(ii) Additional information.--For each provision included
on the list under clause (i), the Secretary shall--
(I) establish a timeline for implementing the provision;
(II) provide a description of the status of the provision
in the implementation process; and
(III) provide an explanation for the delay in implementing
the provision.
(3) Briefings.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, and every 90 days thereafter until the
Chairs of the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives determine that
this division, the amendments made by this division, and
prior water resources development laws are fully implemented,
the Secretary shall provide to relevant congressional
committees a briefing on the implementation of this division,
the amendments made by this division, and prior water
resources development laws.
(B) Inclusions.--A briefing under subparagraph (A) shall
include--
(i) updates to the implementation plan under subsection
(a); and
(ii) updates to the written notice under paragraph (2).
(c) Additional Notice Pending Issuance.--Not later than 30
days before issuing any guidance, rule, notice in the Federal
Register, or other documentation required to implement this
division, an amendment made by this division, or a prior
water resources development law (as defined in subsection
(b)(1)), the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a written notice regarding the pending
issuance.
(d) Wrda Implementation Team.--
(1) Definitions.--In this subsection:
(A) Prior water resources development law.--The term
``prior water resources development law'' has the meaning
given the term in subsection (b)(1).
(B) Team.--The term ``team'' means the Water Resources
Development Act implementation team established under
paragraph (2).
(2) Establishment.--The Secretary shall establish a Water
Resources Development Act implementation team that shall
consist of current employees of the Federal Government,
including--
(A) not fewer than 2 employees in the Office of the
Assistant Secretary of the Army for Civil Works;
(B) not fewer than 2 employees at the headquarters of the
Corps of Engineers; and
(C) a representative of each district and division of the
Corps of Engineers.
(3) Duties.--The team shall be responsible for assisting
with the implementation of this division, the amendments made
by this division, and prior water resources development laws,
including--
(A) performing ongoing outreach to--
(i) Congress; and
(ii) employees and servicemembers stationed in districts
and divisions of the Corps of Engineers to ensure that all
Corps of Engineers employees are aware of and implementing
provisions of this division, the amendments made by this
division, and prior water resources development laws, in a
manner consistent with congressional intent;
(B) identifying any issues with implementation of a
provision of this division, the amendments made by this
division, and prior water resources development laws at the
district, division, or national level;
(C) resolving the issues identified under subparagraph (B),
in consultation with Corps of Engineers leadership and the
Secretary; and
(D) ensuring that any interpretation developed as a result
of the process under subparagraph (C) is consistent with
congressional intent for this division, the amendments made
by this division, and prior water resources development laws.
SEC. 5102. PRIOR GUIDANCE.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall issue the guidance required pursuant
to each of the following provisions:
(1) Section 1043(b)(9) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(2) Section 8136 of the Water Resources Development Act of
2022 (10 U.S.C. 2667 note; Public Law 117-263).
SEC. 5103. ABILITY TO PAY.
(a) Implementation.--The Secretary shall expedite any
guidance or rulemaking necessary to the implementation of
section 103(m) of the Water Resources Development Act 1986
(33 U.S.C. 2213(m)) to address ability to pay.
(b) Ability to Pay.--Section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) is amended by
adding the end the following:
``(5) Congressional notification.--
``(A) In general.--The Secretary shall annually submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives written notification of
determinations made by the Secretary of the ability of non-
Federal interests to pay under this subsection.
``(B) Contents.--In preparing the written notification
under subparagraph (A), the Secretary shall include, for each
determination made by the Secretary--
``(i) the name of the non-Federal interest that submitted
to the Secretary a request for a determination under this
subsection;
``(ii) the name and location of the project; and
``(iii) the determination made by the Secretary and the
reasons for the determination, including the adjusted share
of the costs of the project of the non-Federal interest, if
applicable.''.
(c) Tribal Partnership Program.--Section 203(d) of the
Water Resources Development Act of 2000 (33 U.S.C. 2269(d))
is amended by adding at the end the following:
``(7) Congressional notification.--
``(A) In general.--The Secretary shall annually submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives written notification of
determinations made by the Secretary of the ability of non-
Federal interests to pay under this subsection.
``(B) Contents.--In preparing the written notification
under subparagraph (A), the
[[Page S5091]]
Secretary shall include, for each determination made by the
Secretary--
``(i) the name of the non-Federal interest that submitted
to the Secretary a request for a determination under
paragraph (1)(B)(ii);
``(ii) the name and location of the project; and
``(iii) the determination made by the Secretary and the
reasons for the determination, including the adjusted share
of the costs of the project of the non-Federal interest, if
applicable.''.
SEC. 5104. FEDERAL INTEREST DETERMINATIONS.
Section 905(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2282(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Identification.--As part of the submission of a work
plan to Congress pursuant to the joint explanatory statement
for an annual appropriations Act or as part of the submission
of a spend plan to Congress for a supplemental appropriations
Act under which the Corps of Engineers receives funding, the
Secretary shall identify the studies in the plan--
``(i) for which the Secretary plans to prepare a
feasibility report under subsection (a) that will benefit--
``(I) an economically disadvantaged community (as defined
pursuant to section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note; Public Law 116-260)); or
``(II) a community other than a community described in
subclause (I); and
``(ii) that are designated as a new start under the work
plan.
``(B) Determination.--
``(i) In general.--After identifying the studies under
subparagraph (A) and subject to subparagraph (C), the
Secretary shall, with the consent of the applicable non-
Federal interest for the study, first determine the Federal
interest in carrying out the study and the projects that may
be proposed in the study.
``(ii) Feasibility cost share agreement.--The Secretary may
make a determination under clause (i) prior to the execution
of a feasibility cost share agreement between the Secretary
and the non-Federal interest.
``(C) Limitation.--For each fiscal year, the Secretary may
not make a determination under subparagraph (B) for more than
20 studies identified under subparagraph (A)(i)(II).
``(D) Application.--
``(i) In general.--Subject to clause (ii) and with the
consent of the non-Federal interest, the Secretary may use
the authority provided under this subsection for a study in a
work plan submitted to Congress prior to the date of
enactment of the Thomas R. Carper Water Resources Development
Act of 2024 if the study otherwise meets the requirements
described in subparagraph (A).
``(ii) Limitation.--Subparagraph (C) shall apply to the use
of authority under clause (i).'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall be paid from the funding provided for the study
in the applicable work plan described in that paragraph.'';
and
(3) by adding at the end the following:
``(6) Post-determination work.--A study under this section
shall continue after a determination under paragraph
(1)(B)(i) without a new investment decision.''.
SEC. 5105. ANNUAL REPORT TO CONGRESS.
Section 7001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282d) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Non-Federal Interest Notification.--
``(1) In general.--After the publication of the annual
report under subsection (f), if the proposal of a non-Federal
interest submitted under subsection (b) was included by the
Secretary in the appendix under subsection (c)(4), the
Secretary shall provide written notification to the non-
Federal interest of such inclusion.
``(2) Debrief.--
``(A) In general.--Not later than 30 days after the date on
which a non-Federal interest receives the written
notification under paragraph (1), the non-Federal interest
shall notify the Secretary that the non-Federal interest is
requesting a debrief under this paragraph.
``(B) Response.--If a non-Federal interest requests a
debrief under this paragraph, the Secretary shall provide the
debrief to the non-Federal interest by not later than 60 days
after the date on which the Secretary receives the request
for the debrief.
``(C) Inclusions.--The debrief provided by the Secretary
under this paragraph shall include--
``(i) an explanation of the reasons that the proposal was
included in the appendix under subsection (c)(4); and
``(ii) a description of--
``(I) any revisions to the proposal that may allow the
proposal to be included in a subsequent annual report, to the
maximum extent practicable;
``(II) other existing authorities of the Secretary that may
be used to address the need that prompted the proposal, if
applicable; and
``(III) any other information that the Secretary determines
to be appropriate.
``(h) Congressional Notification.--Not later than 30 days
after the publication of the annual report under subsection
(f), for each proposal included in that annual report or
appendix, the Secretary shall notify each Member of Congress
that represents the State in which that proposal will be
located that the proposal was included the annual report or
the appendix.''.
SEC. 5106. PROCESSING TIMELINES.
Not later than 30 days after the end of each fiscal year,
the Secretary shall ensure that the public website for the
``permit finder'' of the Corps of Engineers accurately
reflects the current status of projects for which a permit
was, or is being, processed using amounts accepted under
section 214 of the Water Resources Development Act of 2000
(33 U.S.C. 2352).
SEC. 5107. SERVICES OF VOLUNTEERS.
The seventeenth paragraph under the heading ``general
provisions'' under the heading ``Corps of Engineers--Civil''
under the heading ``DEPARTMENT OF THE ARMY'' in chapter IV of
title I of the Supplemental Appropriations Act, 1983 (33
U.S.C. 569c), is amended--
(1) in the first sentence, by striking ``The United States
Army Chief of Engineers'' and inserting the following:
``services of volunteers
``Sec. 141. (a) In General.--The Chief of Engineers''.
(2) in subsection (a) (as so designated), in the second
sentence, by striking ``Such volunteers'' and inserting the
following:
``(b) Treatment.--Volunteers under subsection (a)''; and
(3) by adding at the end the following:
``(c) Recognition.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Chief of Engineers may recognize through an award or other
appropriate means the service of volunteers under subsection
(a).
``(2) Process.--The Chief of Engineers shall establish a
process to carry out paragraph (1).
``(3) Limitation.--The Chief of Engineers shall ensure that
the recognition provided to a volunteer under paragraph (1)
shall not be in the form of a cash award.''.
SEC. 5108. SUPPORT OF ARMY CIVIL WORKS MISSIONS.
Section 8159 of the Water Resources Development Act of 2022
(136 Stat. 3740) is amended--
(1) in paragraph (3), by striking ``and'' at the end; and
(2) by striking paragraph (4) and inserting the following:
``(4) West Virginia University to conduct academic research
on flood resilience planning and risk management, water
resource-related emergency management, aquatic ecosystem
restoration, water quality, siting and risk management for
open- and closed-loop pumped hydropower energy storage,
hydropower, and water resource-related recreation and
management of resources for recreation in the State of West
Virginia;
``(5) Delaware State University to conduct academic
research on water resource ecology, water quality, aquatic
ecosystem restoration, coastal restoration, and water
resource-related emergency management in the State of
Delaware, the Delaware River Basin, and the Chesapeake Bay
watershed;
``(6) the University of Notre Dame to conduct academic
research on hazard mitigation policies and practices in
coastal communities, including through the incorporation of
data analysis and the use of risk-based analytical frameworks
for reviewing flood mitigation and hardening plans and for
evaluating the design of new infrastructure; and
``(7) Mississippi State University to conduct academic
research on technology to be used in water resources
development infrastructure, analyses of the environment
before and after a natural disaster, and geospatial data
collection.''.
SEC. 5109. INLAND WATERWAY PROJECTS.
(a) In General.--Section 102(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``65
percent of the costs'' and inserting ``75 percent of the
costs''; and
(2) in the undesignated matter following paragraph (3), in
the second sentence, by striking ``35 percent of such costs''
and inserting ``25 percent of such costs''.
(b) Application.--The amendments made by subsection (a)
shall apply beginning on October 1, 2024, to any construction
of a project for navigation on the inland waterways that is
new or ongoing on or after that date.
(c) Exception.--In the case of an inland waterways project
that receives funds under the heading ``construction'' under
the heading ``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' in title III of division J of the
Infrastructure Investment and Jobs Act (135 Stat. 1359) that
will not complete construction, replacement, rehabilitation,
and expansion with such funds--
(1) section 102(a) of the Water Resources Development Act
of 1986 (33 U.S.C. 2212(a)) shall not apply; and
(2) any remaining costs shall be paid only from amounts
appropriated from the general fund of the Treasury.
[[Page S5092]]
SEC. 5110. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED
WATER SUPPLY.
Section 1118(i) of Water Resources Development Act of 2016
(43 U.S.C. 390b-2(i)) is amended by striking paragraph (2)
and inserting the following:
``(2) Contributed funds for other federal reservoir
projects.--
``(A) In general.--The Secretary is authorized to receive
and expend funds from a non-Federal interest or a Federal
agency that owns a Federal reservoir project described in
subparagraph (B) to formulate, review, or revise operational
documents pursuant to a proposal submitted in accordance with
subsection (a).
``(B) Federal reservoir projects described.--A Federal
reservoir project referred to in subparagraph (A) is a
reservoir for which the Secretary is authorized to prescribe
regulations for the use of storage allocated for flood
control or navigation pursuant to section 7 of the Act of
December 22, 1944 (commonly known as the `Flood Control Act
of 1944') (58 Stat. 890, chapter 665; 33 U.S.C. 709).''.
SEC. 5111. OUTREACH AND ACCESS.
(a) In General.--Section 8117(b) of the Water Resources
Development Act of 2022 (33 U.S.C. 2281b(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(iii), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensuring that a potential non-Federal interest is
aware of the roles, responsibilities, and financial
commitments associated with a completed water resources
development project prior to initiating a feasibility study
(as defined in section 105(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2215(d))), including
operations, maintenance, repair, replacement, and
rehabilitation responsibilities.'';
(2) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) to the maximum extent practicable--
``(i) develop and continue to make publicly available,
through a publicly available existing website, information on
the projects and studies within the jurisdiction of each
district of the Corps of Engineers; and
``(ii) ensure that the information described in clause (i)
is consistent and made publicly available in the same manner
across all districts of the Corps of Engineers.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Guidance.--The Secretary shall develop and issue
guidance to ensure that the points of contacts established
under paragraph (2)(B) are adequately fulfilling their
obligations under that paragraph.''.
(b) Briefing.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall provide to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a briefing on the status of the
implementation of section 8117 of the Water Resources
Development Act of 2022 (33 U.S.C. 2281b), including the
amendments made to that section by subsection (a),
including--
(1) a plan for implementing any requirements under that
section; and
(2) any potential barriers to implementing that section.
SEC. 5112. MODEL DEVELOPMENT.
Section 8230 of the Water Resources Development Act of 2022
(136 Stat. 3765) is amended by adding at the end the
following:
``(d) Model Development.--
``(1) In general.--The Secretary may partner with other
Federal agencies, National Laboratories, and institutions of
higher education to develop, update, and maintain hydrologic
and climate-related models for use in water resources
planning, including models to assess compound flooding that
arises when 2 or more flood drivers occur simultaneously or
in close succession, or are impacting the same region over
time.
``(2) Use.--The Secretary may use models developed by the
entities described in paragraph (1).''.
SEC. 5113. PLANNING ASSISTANCE FOR STATES.
Section 22(a)(2)(B) of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d-16(a)(2)(B)) is amended by inserting
``and title research for abandoned structures'' before the
period at the end.
SEC. 5114. CORPS OF ENGINEERS LEVEE OWNERS ADVISORY BOARD.
(a) Definitions.--In this section:
(1) Federal levee system owner-operator.--The term
``Federal levee system owner-operator'' means a non-Federal
interest that owns and operates and maintains a levee system
that was constructed by the Corps of Engineers.
(2) Owners board.--The term ``Owners Board'' means the
Levee Owners Advisory Board established under subsection (b).
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
Levee Owners Advisory Board.
(c) Membership.--
(1) In general.--The Owners Board--
(A) shall be composed of--
(i) 11 members, to be appointed by the Secretary, who
shall--
(I) represent various regions of the country, including not
less than 1 Federal levee system owner-operator from each of
the civil works divisions of the Corps of Engineers; and
(II) have the requisite experiential or technical knowledge
to carry out the duties of the Owners Board described in
subsection (d); and
(ii) a representative of the Corps of Engineers, to be
designated by the Secretary, who shall serve as a nonvoting
member; and
(B) may include a representative designated by the head of
the Federal agency described in section 9002(1) of the Water
Resources Development Act of 2007 (33 U.S.C. 3301(1)), who
shall serve as a nonvoting member.
(2) Terms of members.--
(A) In general.--Subject to subparagraphs (B) and (C), a
member of the Owners Board shall be appointed for a term of 3
years.
(B) Reappointment.--A member of the Owners Board may be
reappointed to the Owners Board, as the Secretary determines
to be appropriate.
(C) Vacancies.--A vacancy on the Owners Board shall be
filled in the same manner as the original appointment was
made.
(3) Chairperson.--The members of the Owners Board shall
appoint a chairperson from among the members of the Owners
Board.
(d) Duties.--
(1) Recommendations.--The Owners Board shall provide advice
and recommendations to the Secretary and the Chief of
Engineers on--
(A) the activities and actions, consistent with applicable
statutory authorities, that should be undertaken by the Corps
of Engineers and Federal levee system owner-operators to
improve flood risk management throughout the United States;
and
(B) how to improve cooperation and communication between
the Corps of Engineers and Federal levee system owner-
operators.
(2) Meetings.--The Owners Board shall meet not less
frequently than semiannually.
(3) Report.--The Secretary, on behalf of the Owners Board,
shall--
(A) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes the recommendations provided under paragraph (1);
and
(B) make those recommendations publicly available,
including on a publicly available existing website.
(e) Independent Judgment.--Any advice or recommendation
made by the Owners Board pursuant to subsection (d)(1) shall
reflect the independent judgment of the Owners Board.
(f) Administration.--
(1) Compensation.--Except as provided in paragraph (2), the
members of the Owners Board shall serve without compensation.
(2) Travel expenses.--The members of the Owners Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Treatment.--The members of the Owners Board shall not
be considered to be Federal employees, and the meetings and
reports of the Owners Board shall not be considered a major
Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(g) Savings Clause.--The Owners Board shall not supplant
the Committee on Levee Safety established by section 9003 of
the Water Resources Development Act of 2007 (33 U.S.C. 3302).
SEC. 5115. SILVER JACKETS PROGRAM.
The Secretary shall continue the Silver Jackets program
established by the Secretary pursuant to section 206 of the
Flood Control Act of 1960 (33 U.S.C. 709a) and section 204 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5134).
SEC. 5116. TRIBAL PARTNERSHIP PROGRAM.
Section 203 of the Water Resources Development Act of 2000
(33 U.S.C. 2269) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C)(ii), by striking ``and'' at the
end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) projects that improve emergency response capabilities
and provide increased access to infrastructure that may be
utilized in the event of a severe weather event or other
natural disaster; and''; and
(2) by striking subsection (e) and inserting the following:
``(e) Pilot Program.--
``(1) In general.--The Secretary shall carry out a pilot
program under which the Secretary shall carry out not more
than 5 projects described in paragraph (2).
``(2) Projects described.--Notwithstanding subsection
(b)(1)(B), a project referred to in paragraph (1) is a
project--
``(A) that is otherwise eligible and meets the requirements
under this section; and
``(B) that is located--
``(i) along the Mid-Columbia River, Washington, Taneum
Creek, Washington, or Similk Bay, Washington; or
``(ii) at Big Bend, Lake Oahe, Fort Randall, or Gavins
Point Reservoirs, South Dakota.
[[Page S5093]]
``(3) Requirement.--The Secretary shall carry out a project
described in paragraph (2) in accordance with this section.
``(4) Savings provision.--Nothing in this subsection
authorizes--
``(A) a project for the removal of a dam that otherwise is
a project described in paragraph (2);
``(B) the study of the removal of a dam; or
``(C) the study of any Federal dam, including the study of
power, flood control, or navigation replacement, or the
implementation of any functional alteration to that dam, that
is located along a body of water described in clause (i) or
(ii) of paragraph (2)(B).''.
SEC. 5117. TRIBAL PROJECT IMPLEMENTATION PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible project.--The term ``eligible project'' means
a project or activity eligible to be carried out under the
Tribal partnership program under section 203 of the Water
Resources Development Act of 2000 (33 U.S.C. 2269).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Authorization.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish and
implement a pilot program under which Indian Tribes may
directly carry out eligible projects.
(c) Purposes.--The purposes of the pilot program under this
section are--
(1) to authorize Tribal contracting to advance Tribal self-
determination and provide economic opportunities for Indian
Tribes; and
(2) to evaluate the technical, financial, and
organizational efficiencies of Indian Tribes carrying out the
design, execution, management, and construction of 1 or more
eligible projects.
(d) Administration.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall--
(A) identify a total of not more than 5 eligible projects
that have been authorized for construction;
(B) notify the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the
identification of each eligible project under the pilot
program under this section;
(C) in collaboration with the Indian Tribe, develop a
detailed project management plan for each identified eligible
project that outlines the scope, budget, design, and
construction resource requirements necessary for the Indian
Tribe to execute the project or a separable element of the
eligible project;
(D) on the request of the Indian Tribe and in accordance
with subsection (f)(2), enter into a project partnership
agreement with the Indian Tribe for the Indian Tribe to
provide full project management control for construction of
the eligible project, or a separable element of the eligible
project, in accordance with plans approved by the Secretary;
(E) following execution of the project partnership
agreement, transfer to the Indian Tribe to carry out
construction of the eligible project, or a separable element
of the eligible project--
(i) if applicable, the balance of the unobligated amounts
appropriated for the eligible project, except that the
Secretary shall retain sufficient amounts for the Corps of
Engineers to carry out any responsibilities of the Corps of
Engineers relating to the eligible project and the pilot
program under this section; and
(ii) additional amounts, as determined by the Secretary,
from amounts made available to carry out this section, except
that the total amount transferred to the Indian Tribe shall
not exceed the updated estimate of the Federal share of the
cost of construction, including any required design; and
(F) regularly monitor and audit each eligible project being
constructed by an Indian Tribe under this section to ensure
that the construction activities are carried out in
compliance with the plans approved by the Secretary and that
the construction costs are reasonable.
(2) Detailed project schedule.--Not later than 180 days
after entering into an agreement under paragraph (1)(D), each
Indian Tribe, to the maximum extent practicable, shall submit
to the Secretary a detailed project schedule, based on
estimated funding levels, that lists all deadlines for each
milestone in the construction of the eligible project.
(3) Technical assistance.--On the request of an Indian
Tribe, the Secretary may provide technical assistance to the
Indian Tribe, if the Indian Tribe contracts with and
compensates the Secretary for the technical assistance
relating to--
(A) any study, engineering activity, and design activity
for construction carried out by the Indian Tribe under this
section; and
(B) expeditiously obtaining any permits necessary for the
eligible project.
(e) Cost Share.--Nothing in this section affects the cost-
sharing requirement applicable on the day before the date of
enactment of this Act to an eligible project carried out
under this section.
(f) Implementation Guidance.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall issue guidance for
the implementation of the pilot program under this section
that, to the extent practicable, identifies--
(A) the metrics for measuring the success of the pilot
program;
(B) a process for identifying future eligible projects to
participate in the pilot program;
(C) measures to address the risks of an Indian Tribe
constructing eligible projects under the pilot program,
including which entity bears the risk for eligible projects
that fail to meet Corps of Engineers standards for design or
quality;
(D) the laws and regulations that an Indian Tribe must
follow in carrying out an eligible project under the pilot
program; and
(E) which entity bears the risk in the event that an
eligible project carried out under the pilot program fails to
be carried out in accordance with the project authorization
or this section.
(2) New project partnership agreements.--The Secretary may
not enter into a project partnership agreement under this
section until the date on which the Secretary issues the
guidance under paragraph (1).
(g) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives and make publicly available a report
detailing the results of the pilot program under this
section, including--
(A) a description of the progress of Indian Tribes in
meeting milestones in detailed project schedules developed
pursuant to subsection (d)(2); and
(B) any recommendations of the Secretary concerning whether
the pilot program or any component of the pilot program
should be implemented on a national basis.
(2) Update.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives an update to the report under
paragraph (1).
(3) Failure to meet deadline.--If the Secretary fails to
submit a report by the required deadline under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a detailed explanation of why the deadline
was missed and a projected date for submission of the report.
(h) Administration.--All laws and regulations that would
apply to the Secretary if the Secretary were carrying out the
eligible project shall apply to an Indian Tribe carrying out
an eligible project under this section.
(i) Termination of Authority.--The authority to commence an
eligible project under this section terminates on December
31, 2029.
(j) Authorization of Appropriations.--In addition to any
amounts appropriated for a specific eligible project, there
is authorized to be appropriated to the Secretary to carry
out this section, including the costs of administration of
the Secretary, $15,000,000 for each of fiscal years 2024
through 2029.
SEC. 5118. ELIGIBILITY FOR INTER-TRIBAL CONSORTIUMS.
(a) In General.--Section 221(b)(1) of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b(b)(1)) is amended by inserting
``and an inter-tribal consortium (as defined in section 403
of the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3202)))'' after ``5304))''.
(b) Tribal Partnership Program.--Section 203 of the Water
Resources Development Act of 2000 (33 U.S.C. 2269) is
amended--
(1) in subsection (a)--
(A) by striking the subsection designation and heading and
all that follows through ``the term'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Indian tribe.--The term''; and
(B) by adding at the end the following:
``(2) Inter-tribal consortium.--The term `inter-tribal
consortium' has the meaning given the term in section 403 of
the Indian Child Protection and Family Violence Prevention
Act (25 U.S.C. 3202).
``(3) 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).''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, inter-tribal consortiums, Tribal organizations,'' after
``Indian tribes''; and
(ii) in subparagraph (A), by inserting ``, inter-tribal
consortiums, or Tribal organizations'' after ``Indian
tribes'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``flood hurricane''
and inserting ``flood or hurricane'';
(ii) in subparagraph (C), in the matter preceding clause
(i), by inserting ``, an inter-tribal consortium, or a Tribal
organization'' after ``Indian tribe''; and
(iii) in subparagraph (E) (as redesignated by section
5116(1)(B)), by inserting ``, inter-tribal consortiums,
Tribal organizations,'' after ``Indian tribes''; and
(C) in paragraph (3)(A), by inserting ``, inter-tribal
consortium, or Tribal organization'' after ``Indian tribe''
each place it appears.
[[Page S5094]]
SEC. 5119. SENSE OF CONGRESS RELATING TO THE MANAGEMENT OF
RECREATION FACILITIES.
It is the sense of Congress that--
(1) the Corps of Engineers should have greater access to
the revenue collected from the use of Corps of Engineers-
managed facilities with recreational purposes;
(2) revenue collected from Corps of Engineers-managed
facilities with recreational purposes should be available to
the Corps of Engineers for necessary operation, maintenance,
and improvement activities at the facility from which the
revenue was derived;
(3) the districts of the Corps of Engineers should be
provided with more authority to partner with non-Federal
public entities and private nonprofit entities for the
improvement and management of Corps of Engineers-managed
facilities with recreational purposes; and
(4) legislation to address the issues described in
paragraphs (1) through (3) should be considered by Congress.
SEC. 5120. EXPEDITED CONSIDERATION.
Section 7004(b)(4) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1374; 132 Stat. 3784) is
amended by striking ``December 31, 2024'' and inserting
``December 31, 2026''.
TITLE LII--STUDIES AND REPORTS
SEC. 5201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
(a) New Projects.--The Secretary is authorized to conduct a
feasibility study for the following projects for water
resources development and conservation and other purposes, as
identified in the reports titled ``Report to Congress on
Future Water Resources Development'' submitted to Congress
pursuant to section 7001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282d) or otherwise
reviewed by Congress:
(1) Yavapai county, arizona.--Project for flood risk
management, Yavapai County, Arizona.
(2) Eastman lake, california.--Project for ecosystem
restoration and water supply, including for conservation and
recharge, Eastman Lake, Merced and Madera Counties,
California.
(3) Pine flat dam, california.--Project for ecosystem
restoration, water supply, and recreation, Pine Flat Dam,
Fresno County, California.
(4) San diego, california.--Project for flood risk
management, including sea level rise, San Diego, California.
(5) Sacramento, california.--Project for flood risk
management and ecosystem restoration, including levee
improvement, Sacramento River, Sacramento, California.
(6) San mateo, california.--Project for flood risk
management, City of San Mateo, California.
(7) Sacramento county, california.--Project for flood risk
management, ecosystem restoration, and water supply, Lower
Cosumnes River, Sacramento County, California.
(8) Colorado springs, colorado.--Project for ecosystem
restoration and flood risk management, Fountain Creek,
Monument Creek, and T-Gap Levee, Colorado Springs, Colorado.
(9) Plymouth, connecticut.--Project for ecosystem
restoration, Plymouth, Connecticut.
(10) Windham, connecticut.--Project for ecosystem
restoration and recreation, Windham, Connecticut.
(11) Enfield, connecticut.--Project for flood risk
management and ecosystem restoration, including restoring
freshwater brook floodplain, Enfield, Connecticut.
(12) Newington, connecticut.--Project for flood risk
management, Newington, Connecticut.
(13) Hartford, connecticut.--Project for hurricane and
storm damage risk reduction, Hartford, Connecticut.
(14) Fairfield, connecticut.--Project for flood risk
management, Rooster River, Fairfield, Connecticut.
(15) Milton, delaware.--Project for flood risk management,
Milton, Delaware.
(16) Wilmington, delaware.--Project for coastal storm risk
management, City of Wilmington, Delaware.
(17) Tybee island, georgia.--Project for flood risk
management and coastal storm risk management, including the
potential for beneficial use of dredged material, Tybee
Island, Georgia.
(18) Hanapepe levee, hawaii.--Project for ecosystem
restoration, flood risk management, and hurricane and storm
damage risk reduction, including Hanapepe Levee, Kauai
County, Hawaii.
(19) Kauai county, hawaii.--Project for flood risk
management and coastal storm risk management, Kauai County,
Hawaii.
(20) Hawai`i kai, hawaii.--Project for flood risk
management, Hawai`i Kai, Hawaii.
(21) Maui, hawaii.--Project for flood risk management and
ecosystem restoration, Maui County, Hawaii.
(22) Butterfield creek, illinois.--Project for flood risk
management, Butterfield Creek, Illinois, including the
villages of Flossmoor, Matteson, Park Forest, and Richton
Park.
(23) Rocky ripple, indiana.--Project for flood risk
management, Rocky Ripple, Indiana.
(24) Coffeyville, kansas.--Project for flood risk
management, Coffeyville, Kansas.
(25) Fulton county, kentucky.--Project for flood risk
management, including bank stabilization, Fulton County,
Kentucky.
(26) Cumberland river, crittenden county, lyon county, and
livingston county, kentucky.--Project for ecosystem
restoration, including bank stabilization, Cumberland River,
Crittenden County, Lyon County, and Livingston County,
Kentucky.
(27) Scott county, kentucky.--Project for ecosystem
restoration, including water supply, Scott County, Kentucky.
(28) Bullskin creek and shelby county, kentucky.--Project
for ecosystem restoration, including bank stabilization,
Bullskin Creek and Shelby County, Kentucky.
(29) Lake pontchartrain barrier, louisiana.--Project for
hurricane and storm damage risk reduction, Orleans Parish,
St. Tammany Parish, and St. Bernard Parish, Louisiana.
(30) Ocean city, maryland.--Project for flood risk
management, Ocean City, Maryland.
(31) Beaverdam creek, maryland.--Project for flood risk
management, Beaverdam Creek, Prince George's County,
Maryland.
(32) Oak bluffs, massachusetts.--Project for flood risk
management, coastal storm risk management, recreation, and
ecosystem restoration, including shoreline stabilization
along East Chop Drive, Oak Bluffs, Massachusetts.
(33) Tisbury, massachusetts.--Project for coastal storm
risk management, including shoreline stabilization along
Beach Road Causeway, Tisbury, Massachusetts.
(34) Oak bluffs harbor, massachusetts.--Project for coastal
storm risk management and navigation, Oak Bluffs Harbor north
and south jetties, Oak Bluffs, Massachusetts.
(35) Connecticut river, massachusetts.--Project for flood
risk management along the Connecticut River, Massachusetts.
(36) Marysville, michigan.--Project for coastal storm risk
management, including shoreline stabilization, City of
Marysville, Michigan.
(37) Cheboygan, michigan.--Project for flood risk
management, Little Black River, City of Cheboygan, Michigan.
(38) Kalamazoo, michigan.--Project for flood risk
management and ecosystem restoration, Kalamazoo River
Watershed and tributaries, City of Kalamazoo, Michigan.
(39) Dearborn and dearborn heights, michigan.--Project for
flood risk management, Dearborn and Dearborn Heights,
Michigan.
(40) Grand traverse bay, michigan.--Project for navigation,
Grand Traverse Bay, Michigan.
(41) Grand traverse county, michigan.--Project for flood
risk management and ecosystem restoration, Grand Traverse
County, Michigan.
(42) Brighton mill pond, michigan.--Project for ecosystem
restoration, Brighton Mill Pond, Michigan.
(43) Ludington, michigan.--Project for coastal storm risk
management, including feasibility of emergency shoreline
protection, Ludington, Michigan.
(44) Pahrump, nevada.--Project for hurricane and storm
damage risk reduction and flood risk management, Pahrump,
Nevada.
(45) Allegheny river, new york.--Project for navigation and
ecosystem restoration, Allegheny River, New York.
(46) Turtle cove, new york.--Project for ecosystem
restoration, Turtle Cove, Pelham Bay Park, Bronx, New York.
(47) Niles, ohio.--Project for flood risk management,
ecosystem restoration, and recreation, City of Niles, Ohio.
(48) Geneva-on-the-lake, ohio.--Project for flood and
coastal storm risk management, ecosystem restoration,
recreation, and shoreline erosion protection, Geneva-on-the-
Lake, Ohio.
(49) Little killbuck creek, ohio.--Project for ecosystem
restoration, including aquatic invasive species management,
Little Killbuck Creek, Ohio.
(50) Defiance, ohio.--Project for flood risk management,
ecosystem restoration, recreation, and bank stabilization,
Maumee, Auglaize, and Tiffin Rivers, Defiance, Ohio.
(51) Dillon lake, muskingum county, ohio.--Project for
ecosystem restoration, recreation, and shoreline erosion
protection, Dillon Lake, Muskingum and Licking Counties,
Ohio.
(52) Jerusalem township, ohio.--Project for flood and
coastal storm risk management and shoreline erosion
protection, Jerusalem Township, Ohio.
(53) Nine mile creek, cleveland, ohio.--Project for flood
risk management, Nine Mile Creek, Cleveland, Ohio.
(54) Cold creek, ohio.--Project for ecosystem restoration,
Cold Creek, Erie County, Ohio.
(55) Allegheny river, pennsylvania.--Project for navigation
and ecosystem restoration, Allegheny River, Pennsylvania.
(56) Philadelphia, pennsylvania.--Project for ecosystem
restoration and recreation, including shoreline
stabilization, South Philadelphia Wetlands Park,
Philadelphia, Pennsylvania.
(57) Galveston bay, texas.--Project for navigation,
Galveston Bay, Texas.
(58) Winooski, vermont.--Project for flood risk management,
Winooski River and tributaries, Winooski, Vermont.
(59) Mt. st. helens, washington.--Project for navigation,
Mt. St. Helens, Washington.
(60) Grays bay, washington.--Project for navigation, flood
risk management, and ecosystem restoration, Grays Bay,
Wahkiakum County, Washington.
[[Page S5095]]
(61) Wind, klickitat, hood, deschutes, rock creek, and john
day tributaries, washington.--Project for ecosystem
restoration, Wind, Klickitat, Hood, Deschutes, Rock Creek,
and John Day tributaries, Washington.
(62) La crosse, wisconsin.--Project for flood risk
management, City of La Crosse, Wisconsin.
(b) Project Modifications.--The Secretary is authorized to
conduct a feasibility study for the following project
modifications:
(1) Luxapalila creek, alabama.--Modifications to the
project for flood risk management, Luxapalila Creek, Alabama,
authorized by section 203 of the Flood Control Act of 1958
(72 Stat. 307).
(2) Osceola harbor, arkansas.--Modifications to the project
for navigation, Osceola Harbor, Arkansas, authorized under
section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577), to evaluate the expansion of the harbor.
(3) Savannah, georgia.--Modifications to the project for
navigation, Savannah Harbor Expansion Project, Georgia,
authorized by section 7002(1) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1364) and modified by
section 1401(6) of the America's Water Infrastructure Act of
2018 (132 Stat. 3839).
(4) Hagaman chute, louisiana.--Modifications to the project
for navigation, including sediment management, Hagaman Chute,
Louisiana.
(5) Calcasieu river and pass, louisiana.--Modifications to
the project for navigation, Calcasieu River and Pass,
Louisiana, authorized by section 101 of the River and Harbor
Act of 1960 (74 Stat. 481) and modified by section 3079 of
the Water Resources Development Act of 2007 (121 Stat. 1126),
including channel deepening and jetty improvements.
(6) Mississippi river and tributaries, ouachita river,
louisiana.--Modifications to the project for flood risk
management, including bank stabilization, Ouachita River,
Monroe to Caldwell Parish, Louisiana, authorized by the first
section of the Act of May 15, 1928 (45 Stat. 534, chapter
569).
(7) St. marys river, michigan.--Modifications to the
project for navigation, St. Marys River and tributaries,
Michigan, for channel improvements.
(8) Mosquito creek lake, trumbull county, ohio.--
Modifications to the project for flood risk management and
water supply, Mosquito Creek Lake, Trumbull County, Ohio.
(9) Little conemaugh, stonycreek, and conemaugh rivers,
pennsylvania.--Modifications to the project for ecosystem
restoration, recreation, and flood risk management, Little
Conemaugh, Stonycreek, and Conemaugh rivers, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (commonly
known as the ``Flood Control Act of 1936'') (49 Stat. 1586,
chapter 688; 50 Stat. 879; chapter 877).
(10) Charleston, south carolina.--Modifications to the
project for navigation, Charleston Harbor, South Carolina,
authorized by section 1401(1) of the Water Resources
Development Act of 2016 (130 Stat. 1709), including
improvements to address potential or actual changed
conditions on that portion of the project that serves the
North Charleston Terminal.
(11) Addicks and barker reservoirs, texas.--Modifications
to the project for flood risk management, Addicks and Barker
Reservoirs, Texas.
(12) Westside creek, san antonio channel, texas.--
Modifications to the project for ecosystem restoration,
Westside Creek, San Antonio Channel, Texas, authorized by
section 203 of the Flood Control Act of 1954 (68 Stat. 1259)
as part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers, Texas, and modified by
section 103 of the Water Resources Development Act of 1976
(90 Stat. 2921), section 335 of the Water Resources
Development Act of 2000 (114 Stat. 2611), and section 3154 of
the Water Resources Development Act of 2007 (121 Stat. 1148).
(13) Monongahela river, west virginia.--Modifications to
the project for recreation, Monongahela River, West Virginia.
(c) Special Rule, St. Marys River, Michigan.--The cost of
the study under subsection (b)(7) shall be shared in
accordance with the cost share applicable to construction of
the project for navigation, Sault Sainte Marie, Michigan,
authorized by section 1149 of the Water Resources Development
Act of 1986 (100 Stat. 4254; 121 Stat. 1131).
SEC. 5202. VERTICAL INTEGRATION AND ACCELERATION OF STUDIES.
(a) In General.--Section 1001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282c) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(2) by inserting after subsection (c) the following:
``(d) Delegation.--
``(1) In general.--The Secretary shall delegate the
determination to grant an extension under subsection (c) to
the Commander of the relevant Division if--
``(A) the final feasibility report for the study can be
completed with an extension of not more than 1 year beyond
the time period described in subsection (a)(1); or
``(B) the feasibility study requires an additional cost of
not more than $1,000,000 above the amount described in
subsection (a)(2).
``(2) Guidance.--If the Secretary determines that
implementation guidance is necessary to implement this
subsection, the Secretary shall issue such implementation
guidance not later than 180 days after the date of enactment
of the Thomas R. Carper Water Resources Development Act of
2024.''; and
(3) by adding at the end the following:
``(h) Definition of Division.--In this section, the term
`Division' means each of the following Divisions of the Corps
of Engineers:
``(1) The Great Lakes and Ohio River Division.
``(2) The Mississippi Valley Division.
``(3) The North Atlantic Division.
``(4) The Northwestern Division.
``(5) The Pacific Ocean Division.
``(6) The South Atlantic Division.
``(7) The South Pacific Division.
``(8) The Southwestern Division.'';
(b) Deadline.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop and issue
implementation guidance that improves the implementation of
section 1001 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2282c).
(2) Standardized form.--In carrying out this subsection,
the Secretary shall develop and provide to each Division (as
defined in subsection (h) of section 1001 of the Water
Resources Reform and Development of 2014 (33 U.S.C. 2282c)) a
standardized form to assist the Divisions in preparing a
written request for an exception under subsection (c) of that
section.
(3) Notification.--The Secretary shall submit a written
copy of the implementation guidance developed under paragraph
(1) to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives not less than 30 days before
the date on which the Secretary makes that guidance publicly
available.
SEC. 5203. EXPEDITED COMPLETION.
(a) Feasibility Studies.--The Secretary shall expedite the
completion of a feasibility study or general reevaluation
report (as applicable) for each of the following projects,
and if the Secretary determines that the project is justified
in a completed report, may proceed directly to
preconstruction planning, engineering, and design of the
project:
(1) Project for food risk management, Upper Guyandotte
River Basin, West Virginia.
(2) Project for flood risk management, Kanawha River Basin,
West Virginia, Virginia, and North Carolina.
(3) Project for flood risk management, Cave Buttes Dam,
Phoenix, Arizona.
(4) Project for flood risk management, McMicken Dam,
Maricopa County, Arizona.
(5) Project for ecosystem restoration, Rio Salado, Phoenix,
Arizona.
(6) Project for flood risk management, Lower San Joaquin
River, San Joaquin Valley, California.
(7) Project for flood risk management, Stratford,
Connecticut.
(8) Project for flood risk management, Waimea River, Kauai
County, Hawaii.
(9) Modifications to the project for flood risk management,
Cedar River, Cedar Rapids, Iowa, authorized by section
8201(b)(6) of the Water Resources Development Act of 2022
(136 Stat. 3750).
(10) Project for flood risk management, Rahway River,
Rahway, New Jersey.
(11) Northeast Levee System portion of the project for
flood control and other purposes, Williamsport, Pennsylvania,
authorized by section 5 of the Act of June 22, 1936 (commonly
known as the ``Flood Control Act of 1936'') (49 Stat. 1573,
chapter 688).
(12) Project for navigation, Menominee River, Menominee,
Wisconsin.
(13) General reevaluation report for the project for flood
risk management and other purposes, East St. Louis and
Vicinity, Illinois.
(14) General reevaluation report for project for flood risk
management, Green Brook, New Jersey.
(15) Project for ecosystem restoration, Imperial Streams
Salton Sea, California.
(16) Modification of the project for navigation, Honolulu
Deep Draft Harbor, Hawaii.
(17) Project for shoreline damage mitigation, Burns
Waterway Harbor, Indiana.
(18) Project for hurricane and coastal storm risk
management, Dare County Beaches, North Carolina.
(19) Modification of the project for flood protection and
recreation, Surry Mountain Lake, New Hampshire, including for
consideration of low flow augmentation.
(20) Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia.
(21) Project for secondary water source identification,
Washington Metropolitan Area, Washington, DC, Maryland, and
Virginia.
(b) Study Reports.--The Secretary shall expedite the
completion of a Chief's Report or Director's Report (as
applicable) for each of the following projects for the
project to be considered for authorization:
(1) Modification of the project for navigation, Norfolk
Harbors and Channels, Anchorage F segment, Norfolk, Virginia.
(2) Project for aquatic ecosystem restoration, Biscayne Bay
Coastal Wetlands, Florida.
(3) Project for ecosystem restoration, Claiborne and
Millers Ferry Locks and Dam Fish Passage, Lower Alabama
River, Alabama.
(4) Project for flood and storm damage reduction, Surf
City, North Carolina.
[[Page S5096]]
(5) Project for flood and storm damage reduction, Nassau
County Back Bays, New York.
(6) Project for flood risk management, Tar Pamlico, North
Carolina.
(7) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Western
Everglades Restoration Project, Florida.
(8) Project for flood and storm damage reduction, Ala Wai,
Hawaii.
(9) Project for ecosystem restoration, Central and South
Florida Comprehensive Everglades Restoration Program, Lake
Okeechobee Watershed Restoration, Florida.
(10) Project for flood and coastal storm damage reduction,
Miami-Dade County Back Bay, Florida.
(11) Project for navigation, Tampa Harbor, Florida.
(12) Project for flood and storm damage reduction, Akutan
Harbor Navigational Improvements, Alaska.
(13) Project for flood and storm damage reduction, Amite
River and tributaries, Louisiana.
(14) Project for flood and coastal storm risk management,
Puerto Rico Coastal Study, Puerto Rico.
(15) Project for coastal storm risk management, Baltimore,
Maryland.
(16) Project for water supply reallocation, Stockton Lake
Reallocation Study, Missouri.
(17) Project for ecosystem restoration, Hatchie-
Loosahatchie Mississippi River, Tennessee and Arkansas.
(18) Project for ecosystem restoration, Biscayne Bay and
Southern Everglades, Florida, authorized by section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680).
(c) Projects.--The Secretary shall, to the maximum extent
practicable, expedite completion of the following projects:
(1) Project for flood control, Lower Mud River, Milton,
West Virginia, authorized by section 580 of the Water
Resources Development Act of 1996 (110 Stat. 3790) and
modified by section 340 of the Water Resources Development
Act of 2000 (114 Stat. 2612) and section 3170 of the Water
Resources Development Act of 2007 (121 Stat. 1154).
(2) Project for dam safety modifications, Bluestone Dam,
West Virginia, authorized pursuant to section 5 of the Act of
June 22, 1936 (commonly known as the ``Flood Control Act of
1936'') (49 Stat. 1586, chapter 688).
(3) Project for flood risk management, Tulsa and West-Tulsa
Levee System, Tulsa County, Oklahoma, authorized by section
401(2) of the Water Resources Development Act of 2020 (134
Stat. 2735).
(4) Project for flood risk management, Little Colorado
River, Navajo County, Arizona.
(5) Project for flood risk management, Rio de Flag,
Flagstaff, Arizona.
(6) Project for ecosystem restoration, Va Shly'AY Akimel,
Maricopa Indian Reservation, Arizona.
(7) Project for aquatic ecosystem restoration, Quincy Bay,
Illinois, Upper Mississippi River Restoration Program.
(8) Major maintenance on Laupahoehoe Harbor, Hawaii County,
Hawaii.
(9) Project for flood risk management, Green Brook, New
Jersey.
(10) Water control manual update for water supply and flood
control, Theodore Roosevelt Dam, Globe, Arizona.
(11) Water control manual update for Oroville Dam, Butte
County, California.
(12) Water control manual update for New Bullards Dam, Yuba
County, California.
(13) Project for flood risk management, Morgan City,
Louisiana.
(14) Project for hurricane and storm risk reduction, Upper
Barataria Basin, Louisiana.
(15) Project for ecosystem restoration, Mid-Chesapeake Bay,
Maryland.
(16) Project for navigation, Big Bay Harbor of Refuge,
Michigan.
(17) Project for George W. Kuhn Headwaters Outfall,
Michigan.
(18) The portion of the project for flood control and other
purposes, Williamsport, Pennsylvania, authorized by section 5
of the Act of June 22, 1936 (commonly known as the ``Flood
Control Act of 1936'') (49 Stat. 1573, chapter 688), to bring
the Northwest Levee System into compliance with current flood
mitigation standards.
(19) Project for navigation, Seattle Harbor, Washington,
authorized by section 1401(1) of the Water Resources
Development Act of 2018 (132 Stat. 3836), deepening the East
Waterway at the Port of Seattle.
(20) Project for shoreline stabilization, Clarksville,
Indiana.
(d) Continuing Authorities Programs.--The Secretary shall,
to the maximum extent practicable, expedite completion of the
following projects and studies:
(1) Projects for flood control under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s) for the following
areas:
(A) Ak Chin Levee, Pinal County, Arizona.
(B) McCormick Wash, Globe, Arizona.
(C) Rose and Palm Garden Washes, Douglas, Arizona.
(D) Lower Santa Cruz River, Arizona.
(2) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330), Corazon de los Tres Rios del Norte, Pima County,
Arizona.
(3) Project for hurricane and storm damage reduction under
section 3 of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g), Stratford, Connecticut.
(4) Project modification for improvements to the
environment, Surry Mountain Lake, New Hampshire, under
section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a).
(e) Tribal Partnership Program.--The Secretary shall, to
the maximum extent practicable, expedite completion of the
following projects and studies under the Tribal partnership
program under section 203 of the Water Resources Development
Act of 2000 (33 U.S.C. 2269):
(1) Maricopa (Ak Chin) Indian Reservation, Arizona.
(2) Gila River Indian Reservation, Arizona.
(3) Navajo Nation, Bird Springs, Arizona.
(f) Watershed Assessments.--The Secretary shall, to the
maximum extent practicable, expedite completion of the
watershed assessment for flood risk management, Upper
Mississippi and Illinois Rivers, authorized by section 1206
of Water Resources Development Act of 2016 (130 Stat. 1686)
and section 214 of the Water Resources Development Act of
2020 (134 Stat. 2687).
(g) Expedited Prospectus.--The Secretary shall prioritize
the completion of the prospectus for the United States
Moorings Facility, Portland, Oregon, required for
authorization of funding from the revolving fund established
by the first section of the Civil Functions Appropriations
Act, 1954 (33 U.S.C. 576).
SEC. 5204. EXPEDITED COMPLETION OF OTHER FEASIBILITY STUDIES.
(a) Cedar Port Navigation and Improvement District Channel
Deepening Project, Baytown, Texas.--The Secretary shall
expedite the review and coordination of the feasibility study
for the project for navigation, Cedar Port Navigation and
Improvement District Channel Deepening Project, Baytown,
Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
(b) Lake Okeechobee Watershed Restoration Project,
Florida.--The Secretary shall expedite the review and
coordination of the feasibility study for the project for
ecosystem restoration, Lake Okeechobee Component A Reservoir,
Everglades, Florida, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b)).
(c) Sabine-Neches Waterway Navigation Improvement Project,
Texas.--The Secretary shall expedite the review and
coordination of the feasibility study for the project for
navigation, Sabine-Neches Waterway, Texas, under section
203(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2231(b)).
(d) La Quinta Expansion Project, Texas.--The Secretary
shall expedite the review and coordination of the feasibility
study for the project for navigation, La Quinta Ship Channel,
Corpus Christi, Texas, under section 203(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 5205. ALEXANDRIA TO THE GULF OF MEXICO, LOUISIANA,
FEASIBILITY STUDY.
(a) In General.--The Secretary is authorized to conduct a
feasibility study for the project for flood risk management,
navigation and ecosystem restoration, Rapides, Avoyelles,
Point Coupee, Allen, Evangeline, St. Landry, Calcasieu,
Jefferson Davis, Acadia, Lafayette, St. Martin, Iberville,
Cameron, Vermilion, Iberia, and St. Mary Parishes, Louisiana.
(b) Special Rule.--The study authorized by subsection (a)
shall be considered a continuation of the study authorized by
the resolution of the Committee on Transportation and
Infrastructure of the House of Representatives with respect
to the study for flood risk management, Alexandria to the
Gulf of Mexico, Louisiana, dated July 23, 1997.
SEC. 5206. CRAIG HARBOR, ALASKA.
The cost of completing a general reevaluation report for
the project for navigation, Craig Harbor, Alaska, authorized
by section 1401(1) of the Water Resources Development Act of
2016 (130 Stat. 1709) shall be at full Federal expense.
SEC. 5207. SUSSEX COUNTY, DELAWARE.
(a) Sense of Congress.--It is the sense of Congress that
consistent nourishments of Lewes Beach, Delaware, are
important for the safety and economic prosperity of Sussex
County, Delaware.
(b) General Reevaluation Report.--
(1) In general.--The Secretary shall carry out a general
reevaluation report for the project for Delaware Bay
Coastline, Roosevelt Inlet, and Lewes Beach, Delaware.
(2) Inclusions.--The general reevaluation report under
paragraph (1) shall include a determination of--
(A) the area that the project should include; and
(B) how section 111 of the River and Harbor Act of 1968 (33
U.S.C. 426i) should be applied with respect to the project.
SEC. 5208. FORECAST-INFORMED RESERVOIR OPERATIONS IN THE
COLORADO RIVER BASIN.
Section 1222 of the America's Water Infrastructure Act of
2018 (132 Stat. 3811; 134 Stat. 2661) is amended by adding at
the end the following:
``(d) Forecast-informed Reservoir Operations in the
Colorado River Basin.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that assesses the
viability of forecast-informed reservoir operations at a
reservoir in the Colorado River Basin.
[[Page S5097]]
``(2) Authorization.--If the Secretary determines, and
includes in the report under paragraph (1), that forecast-
informed reservoir operations are viable at a reservoir in
the Colorado River Basin, the Secretary is authorized to
carry out forecast-informed reservoir operations at that
reservoir, subject to the availability of appropriations.''.
SEC. 5209. BEAVER LAKE, ARKANSAS, REALLOCATION STUDY.
The Secretary shall expedite the completion of a study for
the reallocation of water supply storage, carried out in
accordance with section 301 of the Water Supply Act of 1958
(43 U.S.C. 390b), for the Beaver Water District, Beaver Lake,
Arkansas.
SEC. 5210. GATHRIGHT DAM, VIRGINIA, STUDY.
The Secretary shall conduct a study on the feasibility of
modifying the project for flood risk management, Gathright
Dam, Virginia, authorized by section 10 of the Flood Control
Act of 1946 (60 Stat. 645, chapter 596), to include
downstream recreation as a project purpose.
SEC. 5211. DELAWARE INLAND BAYS WATERSHED STUDY.
(a) In General.--The Secretary shall conduct a study to
restore aquatic ecosystems in the Delaware Inland Bays
Watershed.
(b) Requirements.--
(1) In general.--In carrying out the study under subsection
(a), the Secretary shall--
(A) conduct a comprehensive analysis of ecosystem
restoration needs in the Delaware Inland Bays Watershed,
including--
(i) saltmarsh restoration;
(ii) shoreline stabilization;
(iii) stormwater management; and
(iv) an identification of sources for the beneficial use of
dredged materials; and
(B) recommend feasibility studies to address the needs
identified under subparagraph (A).
(2) Natural or nature-based features.--To the maximum
extent practicable, a feasibility study that is recommended
under paragraph (1)(B) shall consider the use of natural
features or nature-based features (as those terms are defined
in section 1184(a) of the Water Resources Development Act of
2016 (33 U.S.C. 2289a(a))).
(c) Consultation and Use of Existing Data.--
(1) Consultation.--In carrying out the study under
subsection (a), the Secretary shall consult with applicable--
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) other stakeholders, as determined appropriate by the
Secretary.
(2) Use of existing data.--To the maximum extent
practicable, in carrying out the study under subsection (a),
the Secretary shall use existing data provided to the
Secretary by entities described in paragraph (1).
(d) Feasibility Studies.--
(1) In general.--The Secretary may carry out a feasibility
study for a project recommended under subsection (b)(1)(B).
(2) Congressional authorization.--The Secretary may not
begin construction for a project recommended by a feasibility
study described in paragraph (1) unless the project has been
authorized by Congress.
(e) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that includes--
(1) the results of the study under subsection (a); and
(2) a description of actions taken under this section,
including any feasibility studies under subsection (b)(1)(B).
SEC. 5212. UPPER SUSQUEHANNA RIVER BASIN COMPREHENSIVE FLOOD
DAMAGE REDUCTION FEASIBILITY STUDY.
(a) In General.--The Secretary shall, at the request of a
non-Federal interest, complete a feasibility study for
comprehensive flood damage reduction, Upper Susquehanna River
Basin, New York.
(b) Requirements.--In carrying out the feasibility study
under subsection (a), the Secretary shall--
(1) use, for purposes of meeting the requirements of a
final feasibility study, information from the feasibility
study completion report entitled ``Upper Susquehanna River
Basin, New York, Comprehensive Flood Damage Reduction'' and
dated January 2020; and
(2) re-evaluate project benefits, as determined using the
framework described in the proposed rule of the Corps of
Engineers entitled ``Corps of Engineers Agency Specific
Procedures To Implement the Principles, Requirements, and
Guidelines for Federal Investments in Water Resources'' (89
Fed. Reg. 12066 (February 15, 2024)), including a
consideration of economically disadvantaged communities (as
defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260)).
SEC. 5213. KANAWHA RIVER BASIN.
Section 1207 of the Water Resources Development Act of 2016
(130 Stat. 1686) is amended--
(1) by striking ``The Secretary shall'' and inserting the
following:
``(a) In General.--The Secretary shall''; and
(2) by adding at the end the following:
``(b) Projects and Separable Elements.--Notwithstanding any
other provision of law, for an authorized project or a
separable element of an authorized project that is
recommended as a result of a study carried out by the
Secretary under subsection (a) benefitting an economically
disadvantaged community (as defined pursuant to section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note; Public Law 116-260)) in the State of West
Virginia, the non-Federal share of the cost of the project or
separable element of a project shall be 10 percent.''.
SEC. 5214. AUTHORIZATION OF FEASIBILITY STUDIES FOR PROJECTS
FROM CAP AUTHORITIES.
(a) Cedar Point Seawall, Scituate, Massachusetts.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for hurricane and storm damage risk
reduction, Cedar Point Seawall, Scituate, Massachusetts.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 3 of the Act of August 13, 1946 (60 Stat. 1056,
chapter 960; 33 U.S.C. 426g).
(b) Jones Levee, Pierce County, Washington.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for flood risk management, Jones Levee,
Pierce County, Washington.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(c) Hatch, New Mexico.--
(1) In general.--The Secretary may conduct a feasibility
study for the project for flood risk management, Hatch, New
Mexico.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s).
(d) Fort George Inlet, Jacksonville, Florida.--
(1) In general.--The Secretary may conduct a feasibility
study to modify the project for navigation, Fort George
Inlet, Jacksonville, Florida, to include navigation
improvements or shoreline erosion prevention or mitigation as
a result of the project.
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall use any relevant information from the project
described in that paragraph that was carried out under
section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426i).
SEC. 5215. PORT FOURCHON BELLE PASS CHANNEL, LOUISIANA.
(a) Feasibility Study.--
(1) In general.--Notwithstanding section 203(a)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2231(a)(1)), the non-Federal interest for the project for
navigation, Port Fourchon Belle Pass Channel, Louisiana,
authorized by section 403(a)(4) of the Water Resources
Development Act of 2020 (134 Stat. 2743) may, on written
notification to the Secretary, and at the cost of the non-
Federal interest, carry out a feasibility study to modify the
project for deepening in accordance with section 203 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231).
(2) Requirement.--A modification recommended by a
feasibility study under paragraph (1) shall be approved by
the Secretary and authorized by Congress before construction.
(b) Prior Written Agreements.--
(1) Prior written agreements for section 203.--To the
maximum extent practicable, the Secretary shall use the
previous agreement between the Secretary and the non-Federal
interest for the feasibility study carried about under
section 203 of the Water Resources Development Act of 1986
(33 U.S.C. 2231) that resulted in the project described in
subsection (a)(1) in order to expedite the revised agreement
between the Secretary and the non-Federal interest for the
feasibility study described in that subsection.
(2) Prior written agreements for technical assistance.--On
the request of the non-Federal interest described in
subsection (a)(1), the Secretary shall use the previous
agreement for technical assistance under section 203 of the
Water Resources Development Act of 1986 (33 U.S.C. 2231)
between the Secretary and the non-Federal interest in order
to provide technical assistance to the non-Federal interest
for the feasibility study under subsection (a)(1).
(c) Submission to Congress.--The Secretary shall--
(1) review the feasibility study under subsection (a)(1);
and
(2) if the Secretary determines that the proposed
modifications are consistent with the authorized purposes of
the project and the study meets the same legal and regulatory
requirements of a Post Authorization Change Report that would
be otherwise undertaken by the Secretary, submit to Congress
the study for authorization of the modification.
SEC. 5216. STUDIES FOR MODIFICATION OF PROJECT PURPOSES IN
THE COLORADO RIVER BASIN IN ARIZONA.
(a) Study.--The Secretary shall carry out a study of a
project of the Corps of Engineers in the Colorado River Basin
in the State of Arizona to determine whether to include water
supply as a project purpose of that project if a request for
such a study to modify the project purpose is made to the
Secretary by--
(1) the non-Federal interest for the project; or
(2) in the case of a project for which there is no non-
Federal interest, the Governor of the State of Arizona.
[[Page S5098]]
(b) Coordination.--The Secretary, to the maximum extent
practicable, shall coordinate with relevant State and local
authorities in carrying out this section.
(c) Recommendations.--If, after carrying out a study under
subsection (a) with respect to a project described in that
subsection, the Secretary determines that water supply should
be included as a project purpose for that project, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a recommendation for the modification of the
project purpose of that project.
SEC. 5217. NON-FEDERAL INTEREST PREPARATION OF WATER
REALLOCATION STUDIES, NORTH DAKOTA.
Section 301 of the Water Supply Act of 1958 (43 U.S.C.
390b) is amended by adding at the following:
``(f) Non-Federal Interest Preparation.--
``(1) In general.--In accordance with this subsection, a
non-Federal interest may carry out a water reallocation study
at a reservoir project constructed by the Corps of Engineers
and located in the State of North Dakota.
``(2) Submission.--On completion of the study under
paragraph (1), the non-Federal interest shall submit to the
Secretary the results of the study.
``(3) Guidelines.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall issue
guidelines for the formulation of a water reallocation study
carried out by a non-Federal interest under this subsection.
``(B) Requirements.--The guidelines under subparagraph (A)
shall contain provisions that--
``(i) ensure that any water reallocation study with respect
to which the Secretary submits an assessment under paragraph
(6) complies with all of the requirements that would apply to
a water reallocation study undertaken by the Secretary; and
``(ii) provide sufficient information for the formulation
of the water reallocation studies, including processes and
procedures related to reviews and assistance under paragraph
(7).
``(4) Agreement.--Before carrying out a water reallocation
study under paragraph (1), the Secretary and the non-Federal
interest shall enter into an agreement.
``(5) Review by secretary.--
``(A) In general.--The Secretary shall review each water
reallocation study received under paragraph (2) for the
purpose of determining whether or not the study, and the
process under which the study was developed, comply with
Federal laws and regulations applicable to water reallocation
studies.
``(B) Timing.--The Secretary may not submit to Congress an
assessment of a water reallocation study under paragraph (1)
until such time as the Secretary--
``(i) determines that the study complies with all of the
requirements that would apply to a water reallocation study
carried out by the Secretary; and
``(ii) completes all of the Federal analyses, reviews, and
compliance processes under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), that would be required
with respect to the proposed action if the Secretary had
carried out the water reallocation study.
``(6) Submission to congress.--Not later than 180 days
after the completion of review of a water reallocation study
under paragraph (5), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives an assessment that--
``(A) describes--
``(i) the results of that review;
``(ii) based on the results of the water allocation study,
any structural or operations changes at the reservoir project
that would occur if the water reallocation is carried out;
and
``(iii) based on the results of the water reallocation
study, any effects to the authorized purposes of the
reservoir project that would occur if the water reallocation
is carried out; and
``(B) includes a determination by the Secretary of whether
the modifications recommended under the study are those
described in subsection (e).
``(7) Review and technical assistance.--
``(A) Review.--The Secretary may accept and expend funds
provided by non-Federal interests to carry out the reviews
and other activities that are the responsibility of the
Secretary in carrying out this subsection.
``(B) Technical assistance.--At the request of the non-
Federal interest, the Secretary shall provide to the non-
Federal interest technical assistance relating to any aspect
of a water reallocation study if the non-Federal interest
contracts with the Secretary to pay all costs of providing
that technical assistance.
``(C) Impartial decisionmaking.--In carrying out this
subsection, the Secretary shall ensure that the use of funds
accepted from a non-Federal interest will not affect the
impartial decisionmaking of the Secretary, either
substantively or procedurally.
``(D) Savings provision.--The provision of technical
assistance by the Secretary under subparagraph (B)--
``(i) shall not be considered to be an approval or
endorsement of the water reallocation study; and
``(ii) shall not affect the responsibilities of the
Secretary under paragraphs (5) and (6).''.
SEC. 5218. TECHNICAL CORRECTION, WALLA WALLA RIVER.
Section 8201(a) of the Water Resources Development Act of
2022 (136 Stat. 3744) is amended--
(1) by striking paragraph (76) and inserting the following:
``(76) Nursery reach, walla walla river, oregon.--Project
for ecosystem restoration, Nursery Reach, Walla Walla River,
Oregon.'';
(2) by redesignating paragraphs (92) through (94) as
paragraphs (93) through (95), respectively; and
(3) by inserting after paragraph (91) the following:
``(92) Mill creek, walla walla river basin, washington.--
Project for ecosystem restoration, Mill Creek and Mill Creek
Flood Control Zone District Channel, Washington.''.
SEC. 5219. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729(d) of the Water Resources Development Act of
1986 (33 U.S.C. 2267a(d)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(14) the Walla Walla River Basin; and
``(15) the San Francisco Bay Basin.''.
SEC. 5220. INDEPENDENT PEER REVIEW.
Section 2034(h)(2) of the Water Resources Development Act
of 2007 (33 U.S.C. 2343(h)(2)) is amended by striking ``17
years'' and inserting ``22 years''.
SEC. 5221. ICE JAM PREVENTION AND MITIGATION.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on efforts by the Secretary
to prevent and mitigate flood damages associated with ice
jams.
(b) Inclusion.--The Secretary shall include in the report
under subsection (a)--
(1) an assessment of the projects carried out pursuant to
section 1150 of the Water Resources Development Act of 2016
(33 U.S.C. 701s note; Public Law 114-322), if applicable; and
(2) a description of--
(A) the challenges associated with preventing and
mitigating ice jams;
(B) the potential measures that may prevent or mitigate ice
jams, including the extent to which additional research and
the development and deployment of technologies are necessary;
and
(C) actions taken by the Secretary to provide non-Federal
interests with technical assistance, guidance, or other
information relating to ice jam events; and
(D) how the Secretary plans to conduct outreach and
engagement with non-Federal interests and other relevant
State and local agencies to facilitate an understanding of
the circumstances in which ice jams could occur and the
potential impacts to critical public infrastructure from ice
jams.
SEC. 5222. REPORT ON HURRICANE AND STORM DAMAGE RISK
REDUCTION DESIGN GUIDELINES.
(a) Definitions.--In this section:
(1) Guidelines.--The term ``guidelines'' means the
Hurricane and Storm Damage Risk Reduction Design Guidelines
of the Corps of Engineers.
(2) Larose to golden meadow hurricane protection system.--
The term ``Larose to Golden Meadow Hurricane Protection
System'' means the project for hurricane-flood protection,
Grand Isle and Vicinity, Louisiana, authorized by section 204
of the Flood Control Act of 1965 (79 Stat. 1077).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that compares--
(1) the guidelines; and
(2) the construction methods used by the South Lafourche
Levee District for the levees and flood control structures of
the Larose to Golden Meadow Hurricane Protection System.
(c) Inclusions.--The report under subsection (b) shall
include--
(1) a description of--
(A) the guidelines;
(B) the construction methods used by the South Lafourche
Levee District for levees and flood control structures of the
Larose to Golden Meadow Hurricane Protection System; and
(C) any deviations identified between the guidelines and
the construction methods described in subparagraph (B); and
(2) an analysis by the Secretary of geotechnical and other
relevant data from the land adjacent to the levees and flood
control structures constructed by the South Lafourche Levee
District to determine the effectiveness of those structures.
SEC. 5223. BRIEFING ON STATUS OF CERTAIN ACTIVITIES ON THE
MISSOURI RIVER.
(a) In General.--Not later than 30 days after the date on
which the consultation under section 7 of the Endangered
Species
[[Page S5099]]
Act of 1973 (16 U.S.C. 1536) that was reinitiated by the
Secretary for the operation of the Missouri River Mainstem
Reservoir System, the operation and maintenance of the Bank
Stabilization and Navigation Project, the operation of the
Kansas River Reservoir System, and the implementation of the
Missouri River Recovery Management Plan is completed, the
Secretary shall brief the Committee on the Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the outcomes of that consultation.
(b) Requirements.--The briefing under subsection (a) shall
include a discussion of--
(1) any biological opinions that result from the
consultation, including any actions that the Secretary is
required to undertake pursuant to such biological opinions;
and
(2) any forthcoming requests from the Secretary to Congress
to provide funding in order carry out the actions described
in paragraph (1).
SEC. 5224. REPORT ON MATERIAL CONTAMINATED BY A HAZARDOUS
SUBSTANCE AND THE CIVIL WORKS PROGRAM.
(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report that describes the impact
of material contaminated by a hazardous substance on the
civil works program of the Corps of Engineers.
(b) Requirements.--In developing the report under
subsection (a), the Secretary shall--
(1) describe--
(A) with respect to water resources development projects--
(i) the applicable statutory authorities that require the
removal of material contaminated by a hazardous substance;
and
(ii) the roles and responsibilities of the Secretary and
non-Federal interests for removing material contaminated by a
hazardous substance; and
(B) any regulatory actions or decisions made by another
Federal agency that impact--
(i) the removal of material contaminated by a hazardous
substance; and
(ii) the ability of the Secretary to carry out the civil
works program of the Corps of Engineers;
(2) discuss the impact of material contaminated by a
hazardous substance on--
(A) the timely completion of construction of water
resources development projects;
(B) the operation and maintenance of water resources
development projects, including dredging activities of the
Corps of Engineers to maintain authorized Federal depths at
ports and along the inland waterways; and
(C) costs associated with carrying out the civil works
program of the Corps of Engineers;
(3) include any other information that the Secretary
determines to be appropriate to facilitate an understanding
of the impact of material contaminated by a hazardous
substance on the civil works program of the Corps of
Engineers; and
(4) propose any legislative recommendations to address any
issues identified in paragraphs (1) through (3).
SEC. 5225. REPORT ON EFFORTS TO MONITOR, CONTROL, AND
ERADICATE INVASIVE SPECIES.
(a) Definition of Invasive Species.--In this section, the
term ``invasive species'' has the meaning given the term in
section 1 of Executive Order 13112 (42 U.S.C. 4321 note;
relating to invasive species).
(b) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall conduct, and
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the results of, an assessment of the efforts by the Secretary
to monitor, control, and eradicate invasive species at water
resources development projects across the United States.
(c) Requirements.--The report under subsection (b) shall
include--
(1) a description of--
(A) the statutory authorities and programs used by the
Secretary to monitor, control, and eradicate invasive
species; and
(B) a geographically diverse sample of successful projects
and activities carried out by the Secretary to monitor,
control, and eradicate invasive species;
(2) a discussion of--
(A) the impact of invasive species on the ability of the
Secretary to carry out the civil works program of the Corps
of Engineers, with a particular emphasis on impact of
invasive species to the primary missions of the Corps of
Engineers;
(B) the research conducted and techniques and technologies
used by the Secretary consistent with the applicable
statutory authorities described in paragraph (1)(A) to
monitor, control, and eradicate invasive species; and
(C) the extent to which the Secretary has partnered with
States and units of local government to monitor, control, and
eradicate invasive species within the boundaries of those
States or units of local government;
(3) an update on the status of the plan developed by the
Secretary pursuant to section 1108(c) of the Water Resources
Development Act of 2018 (33 U.S.C. 2263a(c)); and
(4) recommendations, including legislative recommendations,
to further the efforts of the Secretary to monitor, control,
and eradicate invasive species.
SEC. 5226. J. STROM THURMOND LAKE, GEORGIA.
(a) Encroachment Resolution Plan.--
(1) In general.--Subject to paragraph (2), the Secretary
shall prepare, and submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, an encroachment resolution plan for a
portion of the project for flood control, recreation, and
fish and wildlife management, J. Strom Thurmond Lake, Georgia
and South Carolina, authorized by section 10 of the Act of
December 22, 1944 (commonly known as the ``Flood Control Act
of 1944'') (58 Stat. 894, chapter 665).
(2) Limitation.--The encroachment resolution plan under
paragraph (1) shall only apply to the portion of the J. Strom
Thurmond Lake that is located within the State of Georgia.
(b) Contents.--Subject to subsection (c), the encroachment
resolution plan under subsection (a) shall include--
(1) a description of the nature and number of
encroachments;
(2) a description of the circumstances that contributed to
the development of the encroachments;
(3) an assessment of the impact of the encroachments on
operation and maintenance of the project described in
subsection (a) for its authorized purposes;
(4) an analysis of alternatives to the removal of
encroachments to mitigate any impacts identified in the
assessment under paragraph (3);
(5) a description of any actions necessary or advisable to
prevent further encroachments; and
(6) an estimate of the cost and timeline to carry out the
plan, including actions described under paragraph (5).
(c) Restriction.--To the maximum extent practicable, the
encroachment resolution plan under subsection (a) shall
minimize adverse impacts to private landowners while
maintaining the functioning of the project described in that
subsection for its authorized purposes.
(d) Notice and Public Comment.--
(1) To owners.--In preparing the encroachment resolution
plan under subsection (a), not later than 30 days after the
Secretary identifies an encroachment, the Secretary shall
notify the owner of the encroachment.
(2) To public.--The Secretary shall provide an opportunity
for the public to comment on the encroachment resolution plan
under subsection (a) before the completion of the plan.
(e) Moratorium.--The Secretary shall not take action to
compel removal of an encroachment covered by the encroachment
resolution plan under subsection (a) unless Congress
specifically authorizes such action.
(f) Savings Provision.--This section does not--
(1) grant any rights to the owner of an encroachment; or
(2) impose any liability on the United States for operation
and maintenance of the project described in subsection (a)
for its authorized purposes.
SEC. 5227. STUDY ON LAND VALUATION PROCEDURES FOR THE TRIBAL
PARTNERSHIP PROGRAM.
(a) Definition of Tribal Partnership Program.--In this
section, the term ``Tribal Partnership Program'' means the
Tribal Partnership Program established under section 203 of
the Water Resources Development Act of 2000 (33 U.S.C. 2269).
(b) Study Required.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall carry out, and
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the results of, a study on appropriate procedures
for determining the value of real estate and cost-share
contributions for projects under the Tribal Partnership
Program.
(c) Requirements.--The report required under subsection (b)
shall include--
(1) an evaluation of the procedures used for determining
the valuation of real estate and contribution of real estate
value to cost-share for projects under the Tribal Partnership
Program, including consideration of cultural factors that are
unique to the Tribal Partnership Program and land valuation;
(2) a description of any existing Federal authorities that
the Secretary intends to use to implement policy changes that
result from the evaluation under paragraph (1); and
(3) recommendations for any legislation that may be needed
to revise land valuation or cost-share procedures for the
Tribal Partnership Program pursuant to the evaluation under
paragraph (1).
SEC. 5228. REPORT TO CONGRESS ON LEVEE SAFETY GUIDELINES.
(a) Definition of Levee Safety Guidelines.--In this
section, the term ``levee safety guidelines'' means the levee
safety guidelines established under section 9005(c) of the
Water Resources Development Act of 2007 (33 U.S.C. 3303a(c)).
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in coordination with
other applicable Federal agencies, shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the levee safety
guidelines.
[[Page S5100]]
(c) Inclusions.--The report under subsection (b) shall
include--
(1) a description of--
(A) the levee safety guidelines;
(B) the process utilized to develop the levee safety
guidelines; and
(C) the extent to which the levee safety guidelines are
being used by Federal, State, Tribal, and local agencies;
(2) an assessment of the requirement for the levee safety
guidelines to be voluntary and a description of actions taken
by the Secretary and other applicable Federal agencies to
ensure that the guidelines are voluntary; and
(3) any recommendations of the Secretary, including the
extent to which the levee safety guidelines should be
revised.
SEC. 5229. PUBLIC-PRIVATE PARTNERSHIP USER'S GUIDE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and make
publicly available on an existing website of the Corps of
Engineers a guide on the use of public-private partnerships
for water resources development projects.
(b) Inclusions.--In developing the guide under subsection
(a), the Secretary shall include--
(1) a description of--
(A) applicable authorities and programs of the Secretary
that allow for the use of public-private partnerships to
carry out water resources development projects; and
(B) opportunities across the civil works program of the
Corps of Engineers for the use of public-private
partnerships, including at recreational facilities;
(2) a summary of prior public-private partnerships for
water resources development projects, including lessons
learned and best practices from those partnerships and
projects;
(3) a discussion of--
(A) the roles and responsibilities of the Corps of
Engineers and non-Federal interests when using a public-
private partnership for a water resources development
project, including the opportunities for risk-sharing; and
(B) the potential benefits associated with using a public-
private partnership for a water resources development
project, including the opportunities to accelerate funding as
compared to the annual appropriations process; and
(4) a description of the process for executing a project
partnership agreement for a water resources development
project, including any unique considerations when using a
public-private partnership.
(c) Flexibility.--The Secretary may satisfy the
requirements of this section by modifying an existing
partnership handbook in accordance with this section.
SEC. 5230. REVIEW OF AUTHORITIES AND PROGRAMS FOR ALTERNATIVE
PROJECT DELIVERY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act and subject to subsections (b) and (c),
the Secretary shall carry out a study of the authorities and
programs of the Corps of Engineers that facilitate the use of
alternative project delivery methods for water resources
development projects, including public-private partnerships.
(b) Authorities and Programs Included.--In carrying out the
study under subsection (a), the authorities and programs that
are studied shall include any programs and authorities
under--
(1) section 204 of the Water Resources Development Act of
1986 (33 U.S.C. 2232);
(2) section 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b); and
(3) section 5014 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113-
121).
(c) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that--
(1) describes the findings of the study under subsection
(a); and
(2) includes--
(A) an assessment of how each authority and program
included in the study under subsection (a) has been used by
the Secretary;
(B) a list of the water resources development projects that
have been carried out pursuant to the authorities and
programs included in the study under subsection (a);
(C) a discussion of the implementation challenges, if any,
associated with the authorities and programs included in the
study under subsection (a);
(D) a description of lessons learned and best practices
identified by the Secretary from carrying out the authorities
and programs included in the study under subsection (a); and
(E) any recommendations, including legislative
recommendations, that result from the study under subsection
(a).
SEC. 5231. REPORT TO CONGRESS ON EMERGENCY RESPONSE
EXPENDITURES.
(a) In General.--The Secretary shall conduct a review of
emergency response expenditures from the emergency fund
authorized by section 5(a) of the Act of August 18, 1941
(commonly known as the ``Flood Control Act of 1941'') (55
Stat. 650, chapter 377; 33 U.S.C. 701n(a)) (referred to in
this section as the ``Flood Control and Coastal Emergencies
Account'') and from post-disaster supplemental appropriations
Acts during the period of fiscal years 2013 through 2023.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that includes the results
of the review under subsection (a), including--
(1) for each of fiscal years 2013 through 2023, a summary
of--
(A) annual expenditures from the Flood Control and Coastal
Emergencies Account;
(B) annual budget requests for that account; and
(C) any activities, including any reprogramming, that may
have been required to cover any annual shortfall in that
account;
(2) a description of the contributing factors that resulted
in any annual variability in the amounts described in
subparagraphs (A) and (B) of paragraph (1) and activities
described in subparagraph (C) of that paragraph;
(3) an assessment and a description of future budget needs
of the Flood Control and Coastal Emergencies Account based on
trends observed and anticipated by the Secretary; and
(4) an assessment and a description of the use and impact
of funds from post-disaster supplemental appropriations on
emergency response activities.
SEC. 5232. EXCESS LAND REPORT FOR CERTAIN PROJECTS IN NORTH
DAKOTA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and subject to subsection (b), the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that identifies any real property
associated with the project of the Corps of Engineers at Lake
Oahe, North Dakota, that the Secretary determines--
(1) is not needed to carry out the authorized purposes of
the project; and
(2) may be transferred to the Standing Rock Sioux Tribe to
support recreation opportunities for the Tribe, including, at
a minimum--
(A) Walker Bottom Marina, Lake Oahe;
(B) Fort Yates Boat Ramp, Lake Oahe;
(C) Cannonball District, Lake Oahe; and
(D) any other recreation opportunities identified by the
Tribe.
(b) Inclusion.--If the Secretary determines that there is
not any real property that may be transferred to the Standing
Rock Sioux Tribe as described in subsection (a), the
Secretary shall include in the report required under that
subsection--
(1) a list of the real property considered by the
Secretary;
(2) an explanation of why the real property identified
under paragraph (1) is needed to carry out the authorized
purposes of the project described in subsection (a); and
(3) a description of how the Secretary has recently
utilized the real property identified under paragraph (1) to
carry out the authorized purpose of the project described in
subsection (a).
SEC. 5233. GAO STUDIES.
(a) Review of the Accuracy of Project Cost Estimates.--
(1) Review.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall initiate a review of the accuracy of the
project cost estimates developed by the Corps of Engineers
for completed and ongoing water resources development
projects carried out by the Secretary.
(B) Requirements.--In carrying out subparagraph (A), the
Comptroller General shall determine the factors, if any, that
impact the accuracy of the estimates described in that
subparagraph, including--
(i) applicable statutory requirements, including--
(I) section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c); and
(II) section 905(b) of the Water Resources Development Act
of 1986 (33 U.S.C. 2282(b))]; and
(ii) applicable guidance, regulations, and policies of the
Corps of Engineers.
(C) Incorporation of previous report.--In carrying out
subparagraph (A), the Comptroller General may incorporate
applicable information from the report carried out by the
Comptroller General under section 8236(c) of the Water
Resources Development Act of 2022 (136 Stat. 3769).
(2) Report.--On completion of the review conducted under
paragraph (1), the Comptroller General shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of the
review and any recommendations that result from the review.
(b) Report on Project Lifespan and Indemnification Clause
in Project Partnership Agreements.--
(1) Definitions.--In this subsection:
(A) Indemnification clause.--The term ``indemnification
clause'' means the indemnification clause required in project
partnership agreements for water resources development
projects under sections 101(e)(2) and 103(j)(1)(A) of the
Water Resources Development Act of 1986 (33 U.S.C.
2211(e)(2), 2213(j)(1)(A)).
[[Page S5101]]
(B) OMRR&R.--The term ``OMRR&R'', with respect to a water
resources development project, means operation, maintenance,
repair, replacement, and rehabilitation.
(2) Sense of congress.--It is the sense of Congress that--
(A) there are significant concerns about whether--
(i) the indemnification clause, which was first applied in
1910 to flood control projects, should still be included in
project partnership agreements prepared by the Corps of
Engineers for water resources development projects; and
(ii) non-Federal interests for water resources development
projects should be required to assume full responsibility for
OMRR&R of water resources development projects in perpetuity;
(B) non-Federal interests have reported that the
indemnification clause and OMRR&R requirements are a barrier
to entering into project partnership agreements with the
Corps of Engineers;
(C) critical water resources development projects are being
delayed by years, or not pursued at all, due to the barriers
described in subparagraph (B); and
(D) legal structures have changed since the indemnification
clause was first applied and there may be more suitable tools
available to address risk and liability issues.
(3) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall conduct
an analysis of the implications of--
(A) the indemnification clause; and
(B) the assumption of OMRR&R responsibilities by non-
Federal interests in perpetuity for water resources
development projects.
(4) Inclusions.--The analysis under paragraph (3) shall
include--
(A) a review of risk for the Federal Government and non-
Federal interests with respect to removing requirements for
the indemnification clause;
(B) an assessment of whether the indemnification clause is
still necessary given the changes in engineering, legal
structures, and water resources development projects since
1910, with a focus on the quantity and types of claims and
takings over time;
(C) an identification of States with State laws that
prohibit those States from entering into agreements that
include an indemnification clause;
(D) a comparison to other Federal agencies with respect to
how those agencies approach indemnification and OMRR&R
requirements in projects, if applicable;
(E) a review of indemnification and OMRR&R requirements for
projects that States require with respect to agreements with
cities and localities, if applicable;
(F) an analysis of the useful lifespan of water resources
development projects, including any variations in that
lifespan for different types of water resources development
projects and how changing weather patterns and increased
extreme weather events impact that lifespan;
(G) a review of situations in which non-Federal interests
have been unable to meet OMRR&R requirements; and
(H) a review of policy alternatives to OMRR&R requirements,
such as allowing extension, reevaluation, or deauthorization
of water resources development projects.
(5) Report.--On completion of the analysis under paragraph
(3), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the results of the analysis; and
(B) any recommendations for changes needed to existing law
or policy of the Corps of Engineers to address those results.
(c) Review of Certain Permits.--
(1) Definition of section 408 program.--In this subsection,
the term ``section 408 program'' means the program
administered by the Secretary pursuant to section 14 of the
Act of March 3, 1899 (commonly known as the ``Rivers and
Harbors Act of 1899'') (30 Stat. 1152, chapter 425; 33 U.S.C.
408).
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
a review of the section 408 program.
(3) Requirements.--The review by the Comptroller General
under paragraph (2) shall include, at a minimum--
(A) an identification of trends related to the number and
types of permits applied for each year under the section 408
program;
(B) an evaluation of--
(i) the materials developed by the Secretary to educate
potential applicants about--
(I) the section 408 program; and
(II) the process for applying for a permit under the
section 408 program;
(ii) the public website of the Corps of Engineers that
tracks the status of permits issued under the section 408
program, including whether the information provided by the
website is updated in a timely manner;
(iii) the ability of the districts and divisions of the
Corps of Engineers to consistently administer the section 408
program; and
(iv) the extent to which the Secretary carries out the
process for issuing a permit under the section 408 program
concurrently with the review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
applicable;
(C) a determination of the factors, if any, that impact the
ability of the Secretary to adhere to the timelines required
for reviewing and making a decision on an application for a
permit under the section 408 program; and
(D) ways to expedite the review of applications for permits
under the section 408 program, including the use of
categorical permissions.
(4) Report.--On completion of the review under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the findings of the review and
any recommendations that result from the review.
(d) Corps of Engineers Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of opportunities for the Corps of Engineers to
modernize the civil works program through the use of
technology, where appropriate, and the best available
engineering practices.
(2) Inclusions.--In conducting the analysis under paragraph
(1), the Comptroller General of the United States shall
include an assessment of the extent to which--
(A) existing engineering practices and technologies could
be better utilized by the Corps of Engineers--
(i) to improve study, planning, and design efforts of the
Corps of Engineers to further the benefits of water resources
development projects of the Corps of Engineers;
(ii) to reduce delays of water resources development
projects, including through the improvement of environmental
review and permitting processes;
(iii) to provide cost savings over the lifecycle of a
project, including through improved design processes or a
reduction of operation and maintenance costs; and
(iv) to improve data collection and data sharing
capabilities; and
(B) the Corps of Engineers--
(i) currently utilizes the engineering practices and
technologies identified under subparagraph (A), including any
challenges associated with acquisition and application;
(ii) has effective processes to share best practices
associated with the engineering practices and technologies
identified under subparagraph (A) among the districts,
divisions, and headquarters of the Corps of Engineers; and
(iii) partners with National Laboratories, academic
institutions, and other Federal agencies.
(3) Report.--On completion of the analysis under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the findings of the analysis and
any recommendations that result from the analysis.
(e) Study on Easements Related to Water Resources
Development Projects.--
(1) Definition of covered easement.--In this subsection,
the term ``covered easement'' has the meaning given the term
in section 8235(c) of the Water Resources Development Act of
2022 (136 Stat. 3768).
(2) Study on easements related to water resources
development projects.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
initiate an analysis of the use of covered easements that may
be provided to the Secretary by non-Federal interests in
relation to the construction, operation, or maintenance of a
project for flood risk management, hurricane and storm damage
risk reduction, or ecosystem restoration.
(3) Scope.--In carrying out the analysis under paragraph
(2), the Comptroller General of the United States shall--
(A) review--
(i) the report submitted by the Secretary under section
8235(b) of the Water Resources Development Act of 2022 (136
Stat. 3768); and
(ii) the existing statutory, regulatory, and policy
requirements and procedures relating to the use of covered
easements; and
(B) assess--
(i) the minimum rights in property that are necessary to
construct, operate, or maintain projects for flood risk
management, hurricane and storm damage risk reduction, or
ecosystem restoration;
(ii) whether increased use of covered easements in relation
to projects described in clause (i) could promote greater
participation from cooperating landowners in addressing local
flooding or ecosystem restoration challenges;
(iii) whether such increased use could result in cost
savings in the implementation of the projects described in
clause (i), without any reduction in project benefits; and
(iv) the extent to which the Secretary should expand what
is considered by the Secretary to be part of a series of
estates deemed standard for construction, operation, or
maintenance of a project for flood risk management, hurricane
and storm damage risk reduction, or ecosystem restoration.
(4) Report.--On completion of the analysis under paragraph
(2), the Comptroller General of the United States shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the
[[Page S5102]]
findings of the analysis, including any recommendations,
including legislative recommendations, as a result of the
analysis.
(f) Modernization of Environmental Reviews.--
(1) Definition of project study.--In this subsection, the
term ``project study'' means a feasibility study for a
project carried out pursuant to section 905 of the Water
Resources Development Act of 1986 (33 U.S.C. 2282).
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that describes the
efforts of the Secretary to facilitate improved environmental
review processes for project studies, including through the
consideration of expanded use of categorical exclusions,
environmental assessments, or programmatic environmental
impact statements.
(3) Requirements.--In completing the report under paragraph
(2), the Comptroller General of the United States shall--
(A) describe the actions the Secretary is taking or plans
to take to implement the amendments to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
made by section 321 of the Fiscal Responsibility Act of 2023
(Public Law 118-5; 137 Stat. 38);
(B) describe the existing categorical exclusions most
frequently used by the Secretary to streamline the
environmental review of project studies;
(C) consider--
(i) whether the adoption of additional categorical
exclusions, including those used by other Federal agencies,
would facilitate the environmental review of project studies;
(ii) whether the adoption of new programmatic environmental
impact statements would facilitate the environmental review
of project studies; and
(iii) whether agreements with other Federal agencies would
facilitate a more efficient process for the environmental
review of project studies; and
(D) identify--
(i) any discrepancies or conflicts, as applicable, between
the amendments to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) made by section 321 of the
Fiscal Responsibility Act of 2023 (Public Law 118-5; 137
Stat. 38) and--
(I) section 2045 of the Water Resources Development Act of
2007 (33 U.S.C. 2348); and
(II) section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c); and
(ii) other issues, as applicable, relating to section 2045
of the Water Resources Development Act of 2007 (33 U.S.C.
2348) that are impeding the implementation of that section
consistent with congressional intent.
(g) Study on Dredged Material Disposal Site Construction.--
(1) In general.--The Comptroller General shall conduct a
study that--
(A) assesses the costs and limitations of the construction
of various types of dredged material disposal sites, with a
particular focus on aquatic confined placement structures in
the Lower Columbia River; and
(B) includes a comparison of--
(i) the operation and maintenance needs and costs
associated with the availability of aquatic confined
placement structures; and
(ii) the operation and maintenance needs and costs
associated with the lack of availability of aquatic confined
placement structures.
(2) Report.--On completion of the study under paragraph
(1), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study, and
any recommendations that result from that study.
(h) GAO Study on Distribution of Funding From the Harbor
Maintenance Trust Fund.--
(1) Definition of harbor maintenance trust fund.--In this
subsection, the term ``Harbor Maintenance Trust Fund'' means
the Harbor Maintenance Trust Fund established by section
9505(a) of the Internal Revenue Code of 1986.
(2) Analysis.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall initiate
an analysis of the distribution of funding from the Harbor
Maintenance Trust Fund.
(3) Requirements.--In conducting the analysis under
paragraph (2), the Comptroller General shall assess--
(A) the implementation of provisions related to the Harbor
Maintenance Trust Fund in the Water Resources Development Act
of 2020 (134 Stat. 2615) and the amendments made by that Act
by the Corps of Engineers, including--
(i) changes to the budgetary treatment of funding from the
Harbor Maintenance Trust Fund; and
(ii) amendments to the definitions of the terms ``donor
ports'', ``medium-sized donor parts'', and ``energy transfer
ports'' under section 2106(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c(a)), including--
(I) the reliability of metrics, data for those metrics, and
sources for that data used by the Corps of Engineers to
determine if a port satisfies the requirements of 1 or more
of those definitions; and
(II) the extent of the impact of cyclical dredging cycles
for operations and maintenance activities and deep draft
navigation construction projects on the ability of ports to
meet the requirements of 1 or more of those definitions; and
(B) the amount of Harbor Maintenance Trust Fund funding in
the annual appropriations Acts enacted after the date of
enactment of the Water Resources Development Act of 2020 (134
Stat. 2615), including an analysis of--
(i) the allocation of funding to donor ports and energy
transfer ports (as those terms are defined in section 2106(a)
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2238c(a))) and the use of that funding by those ports;
(ii) activities funded pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238); and
(iii) challenges associated with expending the remaining
balance of the Harbor Maintenance Trust Fund.
(4) Report.--On completion of the analysis under paragraph
(2), the Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report describing the findings of the
analysis and any recommendations that result from that
analysis.
(i) Study on Environmental Justice.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on--
(A) the costs and benefits of the environmental justice
initiatives of the Secretary with respect to the civil works
program; and
(B) the positive and negative effects on the civil works
program of those environmental justice initiatives.
(2) Inclusions.--The report under paragraph (1) shall
include, at a minimum, a review of projects carried out by
the Secretary during fiscal year 2023 and fiscal year 2024
pursuant to the environmental justice initiatives of the
Secretary with respect to the civil works program.
SEC. 5234. PRIOR REPORTS.
(a) Reports.--The Secretary shall prioritize the completion
of the reports required pursuant to the following provisions:
(1) Section 2036(b) of the Water Resources Development Act
of 2007 (33 U.S.C. 2283a).
(2) Section 1008(c) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2321b(c)).
(3) Section 164(c) of the Water Resources Development Act
of 2020 (134 Stat. 2668).
(4) Section 226(a) of the Water Resources Development Act
of 2020 (134 Stat. 2697).
(5) Section 503(d) of the Water Resources Development Act
of 2020 (33 U.S.C. 610 note; Public Law 116-260).
(6) Section 509(a)(7) of the Water Resources Development
Act of 2020 (33 U.S.C. 610 note; Public Law 116-260).
(7) Section 8205(a) of the Water Resources Development Act
of 2022 (136 Stat. 3754).
(8) Section 8206(c) of the Water Resources Development Act
of 2022 (136 Stat. 3756).
(9) Section 8218 of the Water Resources Development Act of
2022 (136 Stat. 3761).
(10) Section 8227(b) of the Water Resources Development Act
of 2022 (136 Stat. 3764).
(11) Section 8232(b) of the Water Resources Development Act
of 2022 (136 Stat. 3766).
(b) Notice.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a written notification of the status
of each report described in subsection (a).
(2) Contents.--As part of the notification under paragraph
(1), the Secretary shall include for each report described in
subsection (a)--
(A) a description of the status of the report; and
(B) if not completed, a timeline for the completion of the
report.
SEC. 5235. BRIEFING ON STATUS OF CAPE COD CANAL BRIDGES,
MASSACHUSETTS.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall brief the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives on the status of the project for the
replacement of the Bourne and Sagamore Highway Bridges that
cross the Cape Cod Canal Federal Navigation Project.
(b) Requirements.--The briefing under subsection (a) shall
include discussion of--
(1) the current status of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and expected timelines for completion;
(2) project timelines and relevant paths to move the
project described in that subsection toward completion; and
(3) any issues that are impacting the delivery of the
project described in that subsection.
SEC. 5236. VIRGINIA PENINSULA COASTAL STORM RISK MANAGEMENT,
VIRGINIA.
(a) In General.--In carrying out the feasibility study for
flood risk management, ecosystem restoration, and navigation,
Coastal Virginia, authorized by section 1201(9) of the Water
Resources Development Act of 2018
[[Page S5103]]
(132 Stat. 3802), the Secretary is authorized to use funds
made available to the Secretary for water resources
development investigations to analyze, at full Federal
expense, a measure benefitting Federal land under the
administrative jurisdiction of another Federal agency.
(b) Savings Provisions.--Nothing in this section--
(1) precludes--
(A) a Federal agency with administrative jurisdiction over
Federal land in the study area from contributing funds for
any portion of the cost of analyzing a measure as part of the
study described in subsection (a) that benefits that land; or
(B) the Secretary, at the request of the non-Federal
interest for the study described in subsection (a), from
using funds made available to the Secretary for water
resources development investigations to formulate measures to
reduce risk to a military installation, if the non-Federal
interest shares in the cost to formulate those measures to
the same extent that the non-Federal interest is required to
share in the cost of the study; or
(2) waives the cost-sharing requirements of a Federal
agency for the construction of an authorized water resources
development project or a separable element of that project
that results from the study described in subsection (a).
SEC. 5237. ALLEGHENY RIVER, PENNSYLVANIA.
It is the sense of Congress that--
(1) the Allegheny River is an important waterway that can
be utilized more to support recreational, environmental, and
navigation needs in Pennsylvania;
(2) ongoing efforts to increase utilization of the
Allegheny River will require consistent hours of service at
key locks and dams; and
(3) to the maximum extent practicable, the lockage levels
of service at locks and dams along the Allegheny River should
be preserved until after the completion of the study
authorized by section 201(a)(55).
SEC. 5238. NEW YORK AND NEW JERSEY HARBOR AND TRIBUTARIES
FOCUS AREA FEASIBILITY STUDY.
The Secretary shall expedite the completion of the
feasibility study for coastal storm risk management, New York
and New Jersey, including evaluation of comprehensive flood
risk in accordance with section 8106 of the Water Resources
and Development Act of 2022 (33 U.S.C. 2282g), as applicable.
SEC. 5239. MATAGORDA SHIP CHANNEL, TEXAS.
The Federal share of the costs of the planning, design, and
construction of the Recommended Corrective Action identified
by the Corps of Engineers in the Project Deficiency Report
completed in 2020 for the project for navigation, Matagorda
Ship Channel, Texas, authorized by section 101 of the River
and Harbor Act of 1958 (72 Stat. 298), shall be 90 percent.
SEC. 5240. MATAGORDA SHIP CHANNEL IMPROVEMENT PROJECT, TEXAS.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary should provide the necessary resources to
expedite the completion of the required documentation for the
Matagorda Ship Channel Improvement Project in order to ensure
that the project is not further delayed.
(b) Expedite.--The Secretary shall, to the maximum extent
practicable, expedite the completion of the required
documentation for the Matagorda Ship Channel Improvement
Project, including--
(1) the supplemental environmental impact statement and the
associated record of decision;
(2) the dredged material management plan; and
(3) a post authorization change report, if applicable.
(c) Preconstruction Planning, Engineering, and Design.--If
the Secretary determines that the Matagorda Ship Channel
Improvement Project is justified in a completed report and if
the project requires an additional authorization from
Congress pursuant to that report, the Secretary shall proceed
directly to preconstruction planning, engineering, and design
on the project.
(d) Definition of Matagorda Ship Channel Improvement
Project.--In this section, the term ``Matagorda Ship Channel
Improvement Project'' means the project for navigation,
Matagorda Ship Channel Improvement Project, Port Lavaca,
Texas, authorized by section 401(1) of the Water Resources
Development Act of 2020 (134 Stat. 2734).
SEC. 5241. ASSESSMENT OF IMPACTS FROM CHANGING CONSTRUCTION
RESPONSIBILITIES.
(a) In General.--The Secretary shall carry out an
assessment of the impacts of amending section 101(a)(1) of
the Water Resources Development Act of 1986 (33 U.S.C.
2211(a)(1)) to authorize the construction of navigation
projects for harbors or inland harbors , or any separable
element thereof, constructed by the Secretary at 75 percent
Federal cost to a depth of 55 feet.
(b) Contents.--In carrying out the assessment under
subsection (a), the Secretary shall--
(1) describe all existing Federal navigation projects that
are authorized or constructed to a depth of 50 feet or
greater;
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet
or greater during the 10-year period beginning on the date of
enactment of this Act;
(3) assess the potential effect of authorizing construction
of a navigation project to a depth of 55 feet at 75 percent
Federal cost on other Federal navigation construction
activities, including estimates of port by port impacts over
the next 5, 10, and 20 years;
(4) estimate the potential increase in Federal costs that
would result from authorizing the construction of the
projects described in paragraph (2), including estimates of
port by port impacts over the next 5, 10, and 20 years; and
(5) subject to subsection (c), describe the potential
budgetary impact to the civil works program of the Corps of
Engineers from authorizing the construction of a navigation
project to a depth of 55 feet at 75 percent Federal cost and
authorizing operation and maintenance of a navigation project
to a depth of 55 feet at Federal expense, including estimates
of port by port impacts over the next 5, 10, and 20 years.
(c) Prior Report.--The Secretary may use information from
the assessment and the report of the Secretary under section
8206 of the Water Resources Development Act of 2022 (136
Stat. 3756) in carrying out subsection (b)(5).
(d) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives, and make publicly available
(including on an existing publicly available website), a
report that describes the results of the assessment carried
out under subsection (a).
SEC. 5242. DEADLINE FOR PREVIOUSLY REQUIRED LIST OF COVERED
PROJECTS.
Notwithstanding the deadline in paragraph (1) of section
8236(c) of the Water Resources Development Act of 2022 (136
Stat. 3769), the Secretary shall submit the list of covered
projects under that paragraph by not later than 30 days after
the date of enactment of this Act.
SEC. 5243. COOPERATION AUTHORITY.
(a) Assessment.--
(1) In general.--The Secretary shall carry out an
assessment of the extent to which the existing authorities
and programs of the Secretary allow the Corps of Engineers to
construct water resources development projects abroad.
(2) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that--
(A) describes--
(i) the findings of the assessment under paragraph (1);
(ii) how each authority and program assessed under
paragraph (1) has been used by the Secretary to construct
water resources development projects abroad, if applicable;
and
(iii) the extent to which the Secretary partners with other
Federal agencies when carrying out such projects; and
(B) includes any recommendations that result from the
assessment under paragraph (1).
(b) Interagency and International Support Authority.--
Section 234 of the Water Resources Development Act of 1996
(33 U.S.C. 2323a) is amended--
(1) in subsection (c), by inserting ``, including the
planning and design expertise,'' after ``expertise''; and
(2) in subsection (d)(1), by striking ``$1,000,000'' and
inserting ``$2,500,000''.
TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 5301. DEAUTHORIZATIONS.
(a) Truckee Meadows, Nevada.--The project for flood
control, Truckee Meadows, Nevada, authorized by section
3(a)(10) of the Water Resources Development Act of 1988 (102
Stat. 4014) and section 7002(2) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1366) is no longer
authorized beginning on the date of enactment of this Act.
(b) Seattle Harbor, Washington.--
(1) In general.--Beginning on the date of enactment of this
Act, the portion of the project for navigation, Seattle
Harbor, Washington, described in paragraph (2) is no longer
authorized.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the approximately 74,490 square foot
area of the Federal channel within the East Waterway--
(A) starting at a point on the United States pierhead line
in the southwest corner of block 386 of plat of Seattle
Tidelands, T. 24 N., R. 4. E, sec.18, Willamette Meridian;
(B) thence running N9000'00''W along the projection of the
south line of block 386, 206.58 feet to the centerline of the
East Waterway;
(C) thence running N1430'00''E along the centerline and
parallel with the northwesterly line of block 386, 64.83
feet;
(D) thence running N3332'59''E, 235.85 feet;
(E) thence running N3955'22''E, 128.70 feet;
(F) thence running N1430'00''E, parallel with the
northwesterly line of block 386, 280.45 feet;
(G) thence running N9000'00''E, 70.00 feet to the pierhead
line and the northwesterly line of block 386; and
(H) thence running S1430'00''W, 650.25 feet along the
pierhead line and northwesterly line of block 386 to the
point of beginning.
(c) Cherryfield Dam, Maine.--The project for flood control,
Narraguagus River, Cherryfield Dam, Maine, authorized by, and
constructed pursuant to, section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s) is
[[Page S5104]]
no longer authorized beginning on the date of enactment of
this Act.
(d) East San Pedro Bay, California.--The study for the
project for ecosystem restoration, East San Pedro Bay,
California, authorized by the resolution of the Committee on
Public Works of the Senate, dated June 25, 1969, relating to
the report of the Chief of Engineers for Los Angeles and San
Gabriel Rivers, Ballona Creek, is no longer authorized
beginning on the date of enactment of this Act.
(e) Souris River Basin, North Dakota.--The Talbott's
Nursery portion, consisting of approximately 2,600 linear
feet of levee, of stage 4 of the project for flood control,
Souris River Basin, North Dakota, authorized by section 1124
of the Water Resources Development Act of 1986 (100 Stat.
4243; 101 Stat. 1329-111), is no longer authorized beginning
on the date of enactment of this Act.
(f) Masaryktown Canal, Florida.--
(1) In general.--The portion of the project for the Four
River Basins, Florida, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1183) described in paragraph
(2) is no longer authorized beginning on the date of
enactment of this Act.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the Masaryktown Canal C-534, which
spans approximately 5.5 miles from Hernando County, between
Ayers Road and County Line Road east of United States Route
41, and continues south to Pasco County, discharging into
Crews Lake.
SEC. 5302. ENVIRONMENTAL INFRASTRUCTURE.
(a) New Projects.--Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 136
Stat. 3808) is amended by adding at the end the following:
``(406) Glendale, arizona.--$5,200,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Glendale, Arizona.
``(407) Tohono o'odham nation, arizona.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal,
treatment, and distribution), Tohono O'odham Nation, Arizona.
``(408) Flagstaff, arizona.--$4,800,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Flagstaff, Arizona.
``(409) Tucson, arizona.--$30,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including recycled water systems), Tucson, Arizona.
``(410) Bay-delta, california.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, San Francisco Bay-
Sacramento-San Joaquin River Delta, California.
``(411) Indian wells valley, california.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Indian Wells Valley, Kern County, California.
``(412) Oakland-Alameda estuary, california.--$5,000,000
for environmental infrastructure, including water and
wastewater infrastructure (including stormwater management),
drainage systems, and water quality enhancement, Oakland-
Alameda Estuary, Oakland and Alameda Counties, California.
``(413) Tijuana river valley watershed, california.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure, Tijuana River Valley
Watershed, San Diego County, California.
``(414) El paso county, colorado.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and stormwater management, El Paso County,
Colorado.
``(415) Rehoboth beach, lewes, dewey, bethany, south
bethany, fenwick island, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Rehoboth Beach, Lewes, Dewey, Bethany, South
Bethany, and Fenwick Island, Delaware.
``(416) Wilmington, delaware.--$25,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Wilmington, Delaware.
``(417) Pickering beach, kitts hummock, bowers beach, south
bowers beach, slaughter beach, prime hook beach, milton,
milford, delaware.--$25,000,000 for environmental
infrastructure, including water and wastewater
infrastructure, Pickering Beach, Kitts Hummock, Bowers Beach,
South Bowers Beach, Slaughter Beach, Prime Hook Beach,
Milton, and Milford, Delaware.
``(418) Coastal georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), Glynn County, Chatham
County, Bryan County, Effingham County, McIntosh County, and
Camden County, Georgia.
``(419) Columbus, henry, and clayton counties, georgia.--
$10,000,000 for environmental infrastructure, including water
and wastewater infrastructure (including stormwater
management), Columbus, Henry, and Clayton Counties, Georgia.
``(420) Cobb county, georgia.--$5,000,000 for environmental
infrastructure, including water and wastewater
infrastructure, Cobb County, Georgia.
``(421) Calumet city, illinois.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, Calumet City, Illinois.
``(422) Wyandotte county and kansas city, kansas.--
$35,000,000 for water and wastewater infrastructure,
including stormwater management (including combined sewer
overflows), Wyandotte County and Kansas City, Kansas.
``(423) Easthampton, massachusetts.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including wastewater treatment plant
outfalls), Easthampton, Massachusetts.
``(424) Byram, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Byram, Mississippi.
``(425) Diamondhead, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and drainage systems, Diamondhead,
Mississippi.
``(426) Hancock county, mississippi.--$7,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, Hancock County,
Mississippi.
``(427) Madison, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Madison, Mississippi.
``(428) Pearl, mississippi.--$7,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including stormwater management), drainage systems, and
water quality enhancement, Pearl, Mississippi.
``(429) New hampshire.--$20,000,000 for environmental
infrastructure, including water and wastewater
infrastructure, New Hampshire.
``(430) Cape may county, new jersey.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal,
treatment, and distribution), Cape May County, New Jersey.
``(431) Nye county, nevada.--$10,000,000 for environmental
infrastructure, including water and wastewater infrastructure
(including water wellfield and pipeline in the Pahrump
Valley), Nye County, Nevada.
``(432) Storey county, nevada.--$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including facilities for withdrawal,
treatment, and distribution), Storey County, Nevada.
``(433) New rochelle, new york.--$20,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), New
Rochelle, New York.
``(434) Cuyahoga county, ohio.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including combined sewer overflows), Cuyahoga
County, Ohio.
``(435) Bloomingburg, ohio.--$6,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including facilities for withdrawal, treatment, and
distribution), Bloomingburg, Ohio.
``(436) City of akron, ohio.--$5,500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including drainage systems), City of Akron, Ohio.
``(437) East cleveland, ohio.--$13,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), East
Cleveland, Ohio.
``(438) Ashtabula county, ohio.--$1,500,000 for
environmental infrastructure, including water and wastewater
infrastructure (including water supply and water quality
enhancement), Ashtabula County, Ohio.
``(439) Struthers, ohio.--$500,000 for environmental
infrastructure, including water and wastewater infrastructure
(including wastewater infrastructure, stormwater management,
and sewer improvements), Struthers, Ohio.
``(440) Stillwater, oklahoma.--$30,000,000 for
environmental infrastructure, including water and wastewater
infrastructure and water supply infrastructure (including
facilities for withdrawal, treatment, and distribution),
Stillwater, Oklahoma.
``(441) Pennsylvania.--$38,600,000 for environmental
infrastructure, including water and wastewater
infrastructure, Pennsylvania.
``(442) Chesterfield county, south carolina.--$3,000,000
for water and wastewater infrastructure and other
environmental infrastructure (including stormwater
management), Chesterfield County, South Carolina.
``(443) Tipton county, tennessee.--$35,000,000 for
wastewater infrastructure and water supply infrastructure,
including facilities for withdrawal, treatment, and
distribution, Tipton County, Tennessee.
``(444) Othello, washington.--$14,000,000 for environmental
infrastructure, including water supply and storage treatment,
Othello, Washington.
``(445) College place, washington.--$5,000,000 for
environmental infrastructure, including water and wastewater
infrastructure, College Place, Washington.''.
(b) Project Modifications.--
(1) Consistency with reports.--Congress finds that the
project modifications described in this subsection are in
accordance with the reports submitted to Congress by the
Secretary under section 7001 of the Water Resources Reform
and Development Act of
[[Page S5105]]
2014 (33 U.S.C. 2282d), titled ``Report to Congress on Future
Water Resources Development'', or have otherwise been
reviewed by Congress.
(2) Modifications.--
(A) Alabama.--Section 219(f)(274) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 136
Stat. 3808) is amended by striking ``$50,000,000'' and
inserting ``$85,000,000''.
(B) Los angeles county, california.--Section 219(f)(93) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 121 Stat. 1259; 136 Stat. 3816) is amended by
striking ``Santa Clarity Valley'' and inserting ``Santa
Clarita Valley''.
(C) Kent, delaware.--Section 219(f)(313) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3810) is amended by striking ``$35,000,000''
and inserting ``$40,000,000''.
(D) New castle, delaware.--Section 219(f)(314) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3810) is amended by striking ``$35,000,000''
and inserting ``$40,000,000''.
(E) Sussex, delaware.--Section 219(f)(315) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3810) is amended by striking ``$35,000,000''
and inserting ``$40,000,000''.
(F) East point, georgia.--Section 219(f)(136) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1261; 136 Stat. 3817) is amended by striking
``$15,000,000'' and inserting ``$20,000,000''.
(G) Madison county and st. clair county, illinois.--Section
219(f)(55) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A-221; 136
Stat. 3817) is amended--
(i) by striking ``$100,000,000'' and inserting
``$110,000,000''; and
(ii) by inserting ``(including stormwater management)''
after ``wastewater assistance''.
(H) Montgomery county and christian county, illinois.--
Section 219(f)(333) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 334; 136 Stat. 3812) is
amended--
(i) in the paragraph heading, by striking ``Montgomery and
christian counties'' and inserting ``Montgomery, christian,
fayette, shelby, jasper, richland, crawford, and lawrence
counties''; and
(ii) by striking ``Montgomery County and Christian County''
and inserting ``Montgomery County, Christian County, Fayette
County, Shelby County, Jasper County, Richland County,
Crawford County, and Lawrence County''.
(I) Will county, illinois.--Section 219(f)(334) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3812) is amended--
(i) in the paragraph heading, by striking ``Will county''
and inserting ``Will and grundy counties''; and
(ii) by striking ``Will County'' and inserting ``Will
County and Grundy County''.
(J) Lowell, massachusetts.--Section 219(f)(339) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3812) is amended by striking
``$20,000,000'' and inserting ``$30,000,000''.
(K) Michigan.--Section 219(f)(157) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121
Stat. 1262) is amended, in the paragraph heading, by striking
``combined sewer overflows''.
(L) Desoto county, mississippi.--Section 219(f)(30) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 134 Stat. 2718) is amended by striking
``$130,000,000'' and inserting ``$144,000,000''.
(M) Jackson, mississippi.--Section 219(f)(167) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1263; 136 Stat. 3818) is amended by striking
``$125,000,000'' and inserting ``$139,000,000''.
(N) Madison county, mississippi.--Section 219(f)(351) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 136 Stat. 3813) is amended by striking
``$10,000,000'' and inserting ``$24,000,000''.
(O) Meridian, mississippi.--Section 219(f)(352) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3813) is amended by striking
``$10,000,000'' and inserting ``$24,000,000''.
(P) Rankin county, mississippi.--Section 219(f)(354) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 136 Stat. 3813) is amended by striking
``$10,000,000'' and inserting ``$24,000,000''.
(Q) Cincinnati, ohio.--Section 219(f)(206) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 121 Stat. 1265) is amended by striking ``$1,000,000''
and inserting ``$9,000,000''.
(R) Midwest city, oklahoma.--Section 219(f)(231) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1266; 134 Stat. 2719) is amended by
striking ``$5,000,000'' and inserting ``$10,000,000''.
(S) Philadelphia, pennsylvania.--Section 219(f)(243) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 334; 121 Stat. 1266) is amended--
(i) by striking ``$1,600,000'' and inserting
``$3,000,000''; and
(ii) by inserting ``water supply and'' before
``wastewater''.
(T) Lakes marion and moultrie, south carolina.--Section
219(f)(25) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 136 Stat. 3818) is amended by
striking ``$165,000,000'' and inserting ``$232,000,000''.
(U) Milwaukee, wisconsin.--Section 219(f)(405) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
334; 136 Stat. 3816) is amended by striking ``$4,500,000''
and inserting ``$10,500,000''.
(c) Non-Federal Share.--Section 219 of the Water Resources
Development Act of 1992 (106 Stat. 4835) is amended by
striking subsection (b) and inserting the following:
``(b) Non-Federal Share.--
``(1) In general.--Except as otherwise provided in this
subsection, the non-Federal share of the cost of a project
for which assistance is provided under this section shall be
not less than 25 percent.
``(2) Economically disadvantaged communities.--The non-
Federal share of the cost of a project for which assistance
is provided under this section benefitting an economically
disadvantaged community (as defined pursuant to section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note; Public Law 116-260)) shall be 10 percent.
``(3) Ability to pay.--
``(A) In general.--The non-Federal share of the cost of a
project for which assistance is provided under this section
shall be subject to the ability of the non-Federal interest
to pay.
``(B) Determination.--The ability of a non-Federal interest
to pay shall be determined by the Secretary in accordance
with procedures established by the Secretary.
``(C) Deadline.--Not later than 60 days after the date of
enactment of the Thomas R. Carper Water Resources Development
Act of 2024, the Secretary shall issue guidance on the
procedures described in subparagraph (B).
``(4) Congressional notification.--
``(A) In general.--The Secretary shall annually submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a written notification of
determinations made by the Secretary of the ability of non-
Federal interests to pay under this section.
``(B) Contents.--In preparing the written notification
under subparagraph (A), the Secretary shall include, for each
determination made by the Secretary--
``(i) the name of the non-Federal interest that submitted
to the Secretary a request for a determination under
paragraph (3)(B);
``(ii) the name and location of the project; and
``(iii) the determination made by the Secretary and the
reasons for the determination, including the adjusted share
of the costs of the project of the non-Federal interest, if
applicable.''.
SEC. 5303. PENNSYLVANIA ENVIRONMENTAL INFRASTRUCTURE.
Section 313 of the Water Resources Development Act of 1992
(106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat.
310; 117 Stat. 142; 121 Stat. 1146; 134 Stat. 2719; 136 Stat.
3821) is amended--
(1) in the section heading, by striking ``south central'';
(2) by striking ``south central'' each place it appears;
(3) by striking subsections (c) and (h);
(4) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively; and
(5) in paragraph (2)(A) of subsection (c) (as
redesignated), by striking ``the SARCD Council and other''.
SEC. 5304. ACEQUIAS IRRIGATION SYSTEMS.
Section 1113 of the Water Resources Development Act of 1986
(100 Stat. 4232; 110 Stat. 3719; 136 Stat. 3782) is amended--
(1) in subsection (d)--
(A) by striking ``costs,'' and all that follows through
``except that'' and inserting ``costs, shall be as described
in the second sentence of subsection (b) (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2022 (136 Stat. 3691)), except that''; and
(B) by striking ``measure benefitting'' and inserting
``measure (other than a reconnaissance study) benefitting'';
and
(2) in subsection (e), by striking ``$80,000,000'' and
inserting ``$100,000,000''.
SEC. 5305. OREGON ENVIRONMENTAL INFRASTRUCTURE.
(a) In General.--Section 8359 of the Water Resources
Development Act of 2022 (136 Stat. 3802) is amended--
(1) in the section heading, by striking ``southwestern'';
(2) in each of subsections (a) and (b), by striking
``southwestern'' each place it appears;
(3) in subsection (e)(1), by striking ``$50,000,000'' and
inserting ``$90,000,000''; and
(4) by striking subsection (f).
(b) Clerical Amendments.--
(1) NDAA.--The table of contents in section 2(b) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 (136 Stat. 2430) is amended by striking the item
relating to section 8359 and inserting the following:
``Sec. 8359. Oregon.''.
(2) WRDA.--The table of contents in section 8001(b) of the
Water Resources Development Act of 2022 (136 Stat. 3694) is
amended by striking the item relating to section 8359 and
inserting the following:
``Sec. 8359. Oregon.''.
SEC. 5306. KENTUCKY AND WEST VIRGINIA ENVIRONMENTAL
INFRASTRUCTURE.
(a) Establishment of Program.--The Secretary shall
establish a program to provide
[[Page S5106]]
environmental assistance to non-Federal interests in Kentucky
and West Virginia.
(b) Form of Assistance.--Assistance provided under this
section may be in the form of design and construction
assistance for water-related environmental infrastructure and
resource protection and development projects in Kentucky and
West Virginia, including projects for wastewater treatment
and related facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(c) Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the
project is publicly owned.
(d) Local Cooperation Agreements.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with such
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including
appropriate engineering plans and specifications.
(B) Establishment of such legal and institutional
structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of the cost of a project
carried out under this section--
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) Credit for interest.--In case of a delay in the funding
of the Federal share of a project that is the subject of a
local cooperation agreement under this section, the non-
Federal interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of the project
cost.
(C) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project costs (including all reasonable costs associated
with obtaining permits necessary for the construction,
operation, and maintenance of the project on publicly owned
or controlled land), but such credit may not exceed 25
percent of total project costs.
(D) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$75,000,000 to carry out this section, to be divided between
the States described in subsection (a).
(2) Corps of engineers expenses.--Not more than 10 percent
of the amounts made available to carry out this section may
be used by the Corps of Engineers to administer projects
under this section.
SEC. 5307. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
Section 542(e)(1)(A) of the Water Resources Development Act
of 2000 (114 Stat. 2672) is amended by inserting ``, or in
the case of a critical restoration project benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)), 10 percent of the
total costs of the project'' after ``project''.
SEC. 5308. OHIO AND NORTH DAKOTA.
Section 594(d)(3)(A) of the Water Resources Development Act
of 1999 (113 Stat. 382) is amended--
(1) in the second sentence, by striking ``The Federal share
may'' and inserting the following:
``(iii) Form.--The Federal share may'';
(2) by striking the subparagraph designation and heading
and all that follows through ``The Federal share of'' in the
first sentence and inserting the following:
``(A) Project costs.--
``(i) In general.--Except as provided in clause (ii), the
Federal share of''; and
(3) by inserting after clause (i) (as so designated) the
following:
``(ii) Exception.--The non-Federal share of the cost of a
project under this section benefitting an economically
disadvantaged community (as defined pursuant to section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note; Public Law 116-260)) shall be 10 percent.''.
SEC. 5309. SOUTHERN WEST VIRGINIA.
Section 340 of the Water Resources Development Act of 1992
(106 Stat. 4856; 136 Stat. 3807) is amended--
(1) in subsection (c)(3)--
(A) in the first sentence, by striking ``Total project
costs'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
total project costs''; and
(B) by adding at the end the following:
``(B) Exception.--In the case of a project benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)), the Federal share
of the total project costs under the applicable local
cooperation agreement entered into under this subsection
shall be 90 percent.
``(C) Federal share.--The Federal share of the total
project costs under this paragraph may be provided in the
same form as described in section 571(e)(3)(A) of the Water
Resources Development Act of 1999 (113 Stat. 371).'';
(2) by striking subsection (e);
(3) by redesignating subsections (f), (g), (h), and (i) as
subsections (e), (f), (g), and (h), respectively; and
(4) in subsection (f) (as so redesignated), in the first
sentence, by striking ``$140,000,000'' and inserting
``$170,000,000''.
SEC. 5310. NORTHERN WEST VIRGINIA.
Section 571 of the Water Resources Development Act of 1999
(113 Stat. 371; 121 Stat. 1257; 136 Stat. 3807) is amended--
(1) in subsection (e)(3)--
(A) in subparagraph (A), in the first sentence, by striking
``The Federal share'' and inserting ``Except as provided in
subparagraph (B), the Federal share'';
(B) by redesignating subparagraphs (B), (C), (D), and (E)
as subparagraphs (C), (D), (E), and (F), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) Exception.--In the case of a project benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)), the Federal share
of the project costs under the applicable local cooperation
agreement entered into under this subsection shall be 90
percent.'';
(2) by striking subsection (g);
(3) by redesignating subsections (h), (i), and (j) as
sections (g), (h), and (i), respectively; and
(4) in subsection (g) (as so redesignated), by striking
``$120,000,000'' and inserting ``$150,000,000''.
SEC. 5311. OHIO, PENNSYLVANIA, AND WEST VIRGINIA.
(a) Definitions.--In this section:
(1) Impaired water.--
(A) In general.--The term ``impaired water'' means a stream
of a watershed that is not, as of the date of an application
under this section, achieving the designated use of the
stream.
(B) Inclusion.--The term ``impaired water'' includes any
stream identified by a State under section 303(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
(2) Restoration.--
(A) In general.--The term ``restoration'', with respect to
impaired water, means the restoration of the impaired water
to such an extent that the stream could achieve its
designated use over the greatest practical number of stream-
miles, as determined using, if available, State-designated or
Tribal-designated criteria.
(B) Inclusion.--The term ``restoration'' includes the
removal of covered pollutants.
(b) Establishment of Program.--The Secretary may establish
a pilot program to provide environmental assistance to non-
Federal interests for the restoration of impaired water
impacted by acid mine drainage in Ohio, Pennsylvania, and
West Virginia.
(c) Form of Assistance.--Assistance under this section may
be in the form of technical assistance and design and
construction assistance for water-related environmental
infrastructure to address acid mine drainage, including
projects for centralized water treatment and related
facilities.
(d) Prioritization.--The Secretary shall prioritize
assistance under this section to a project that--
(1) addresses acid mine drainage from multiple sources
impacting impaired waters; or
(2) includes a centralized water treatment system to reduce
the acid mine drainage load in impaired waters.
(e) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(f) Coordination.--The Secretary shall, to the maximum
extent practicable, work with States, units of local
government, and other relevant Federal agencies to secure any
permits, variances, or approvals necessary to facilitate the
completion of projects receiving assistance under this
section.
(g) Cost-share.--The non-Federal share of the cost of a
project carried out under this section shall be 25 percent,
including provision of all land, easements, rights-of-way,
and necessary relocations.
(h) Agreements.--Construction of a project under this
section shall be initiated only after the non-Federal
interest has entered into a binding agreement with the
Secretary to pay--
(1) the non-Federal share of the costs of construction of a
project carried out under this section; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs of a project carried out
under this section.
(i) Contributed Funds.--The Secretary, with the consent of
the non-Federal interest for a project carried out under this
section, may receive or expend funds contributed by a
nonprofit entity for the project.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000, to
remain available until expended.
SEC. 5312. WESTERN RURAL WATER.
Section 595 of the Water Resources Development Act of 1999
(113 Stat. 383; 117 Stat. 1836) is amended--
(1) in subsection (a)--
[[Page S5107]]
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Non-federal interest.--The term `non-Federal
interest' includes an entity declared to be a political
subdivision of the State of New Mexico.''; and
(2) in subsection (e)(3)(A)--
(A) in the second sentence, by striking ``The Federal share
may'' and inserting the following:
``(iii) Form.--The Federal share may'';
(B) by striking the subparagraph designation and heading
and all that follows through ``The Federal share of'' in the
first sentence and inserting the following:
``(A) Project costs.--
``(i) In general.--Except as provided in clause (ii), the
Federal share of''; and
(C) by inserting after clause (i) (as so designated) the
following:
``(ii) Exception.--The non-Federal share of the cost of a
project under this section benefitting an economically
disadvantaged community (as defined pursuant to section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note; Public Law 116-260)) shall be 10 percent.''.
SEC. 5313. CONTINUING AUTHORITIES PROGRAMS.
(a) Removal of Obstructions; Clearing Channels.--Section 2
of the Act of August 28, 1937 (50 Stat. 877, chapter 877; 33
U.S.C. 701g), is amended--
(1) by striking ``$7,500,000'' and inserting
``$15,000,000'';
(2) by inserting ``for preventing and mitigating flood
damages associated with ice jams,'' after ``other debris,'';
and
(3) by striking ``$500,000'' and inserting ``$1,000,000''.
(b) Emergency Streambank and Shoreline Protection.--Section
14 of the Flood Control Act of 1946 (33 U.S.C. 701r) is
amended--
(1) by striking ``$25,000,000'' and inserting
``$40,000,000''; and
(2) by striking ``$10,000,000'' and inserting
``$15,000,000''.
(c) Storm and Hurricane Restoration and Impact Minimization
Program.--Section 3(c) of the Act of August 13, 1946 (60
Stat. 1056, chapter 960; 33 U.S.C. 426g(c)), is amended--
(1) in paragraph (1), by striking ``$37,500,000'' and
inserting ``$45,000,000''; and
(2) in paragraph (2)(B), by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(d) Small Flood Control Projects.--Section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) is amended--
(1) in the first sentence, by striking ``$68,750,000'' and
inserting ``$85,000,000''; and
(2) in the third sentence, by striking ``$10,000,000'' and
inserting ``$15,000,000''.
(e) Aquatic Ecosystem Restoration.--Section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330) is
amended--
(1) in subsection (a), by adding at the end the following:
``(4) Drought resilience.--A project under this section may
include measures that enhance drought resilience through the
restoration of wetlands or the removal of invasive
species.'';
(2) in subsection (d), by striking ``$10,000,000'' and
inserting ``$15,000,000''; and
(3) in subsection (f), by striking ``$62,500,000'' and
inserting ``$75,000,000''.
(f) Project Modifications for Improvement of Environment.--
Section 1135 of the Water Resources Development Act of 1986
(33 U.S.C. 2309a) is amended--
(1) in subsection (d), in the third sentence, by striking
``$10,000,000'' and inserting ``$15,000,000''; and
(2) in subsection (h), by striking ``$50,000,000'' and
inserting ``$60,000,000''.
(g) Shore Damage Prevention or Mitigation.--Section 111(c)
of the River and Harbor Act of 1968 (33 U.S.C. 426i(c)) is
amended by striking ``$12,500,000'' and inserting
``$15,000,000''.
(h) Small River and Harbor Improvement Projects.--Section
107(b) of the River and Harbor Act of 1960 (33 U.S.C. 577(b))
is amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
(i) Regional Sediment Management.--Section 204(c)(1)(C) of
the Water Resources Development Act of 1992 (33 U.S.C.
2326(c)(1)(C)) is amended by striking ``$10,000,000'' and
inserting ``$15,000,000''.
SEC. 5314. SMALL PROJECT ASSISTANCE.
Section 165(b) of the Water Resources Development Act of
2020 (33 U.S.C. 2201 note; Public Law 116-260) is amended by
striking ``2024'' each place it appears and inserting
``2029''.
SEC. 5315. GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN
PROJECT, BRANDON ROAD, WILL COUNTY, ILLINOIS.
After completion of construction of the project for
ecosystem restoration, Great Lakes and Mississippi River
Interbasin project, Brandon Road, Will County, Illinois,
authorized by section 401(5) of the Water Resources
Development Act of 2020 (134 Stat. 2740) and modified by
section 402(a) of that Act (134 Stat. 2742) and section 8337
of the Water Resources Development Act of 2022 (136 Stat.
3793), the Federal share of operation and maintenance costs
of the project shall be 90 percent.
SEC. 5316. MAMARONECK-SHELDRAKE RIVERS, NEW YORK.
The non-Federal share of the cost of features of the
project for flood risk management, Mamaroneck-Sheldrake
Rivers, New York, authorized by section 1401(2) of the Water
Resources Development Act of 2018 (132 Stat. 3837),
benefitting an economically disadvantaged community (as
defined pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260)) shall be 10 percent.
SEC. 5317. LOWELL CREEK TUNNEL, ALASKA.
Section 5032(a)(2) of the Water Resources Development Act
of 2007 (121 Stat. 1205; 134 Stat. 2719) is amended by
striking ``20'' and inserting ``25''.
SEC. 5318. SELMA FLOOD RISK MANAGEMENT AND BANK
STABILIZATION.
(a) Repayment.--
(1) In general.--The Secretary shall expedite the review
of, and give due consideration to, the request from the City
of Selma, Alabama, that the Secretary apply section 103(k) of
the Water Resources Development Act of 1986 (33 U.S.C.
2213(k)) to the project for flood risk management, Selma
Flood Risk Management and Bank Stabilization, Alabama,
authorized by section 8401(2) of the Water Resources
Development Act of 2022 (136 Stat. 3839).
(2) Duration.--If the Secretary determines that the
application of section 103(k) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(k)) to the project
described in paragraph (1) is justified, the Secretary shall,
to the maximum extent practicable and consistent with that
section, permit the City of Selma, Alabama, to repay the full
non-Federal contribution with interest for that project
during a period of 30 years that shall begin after the date
of completion of that project.
(b) Cost-share.--The non-Federal share of the cost of the
project for flood risk management, Selma Flood Risk
Management and Bank Stabilization, Alabama, authorized by
section 8401(2) of the Water Resources Development Act of
2022 (136 Stat. 3839), shall be 10 percent.
SEC. 5319. ILLINOIS RIVER BASIN RESTORATION.
Section 519(c)(2) of the Water Resources Development Act of
2000 (114 Stat. 2654; 121 Stat. 1221) is amended by striking
``2010'' and inserting ``2029''.
SEC. 5320. HAWAII ENVIRONMENTAL RESTORATION.
Section 444 of the Water Resources Development Act of 1996
(110 Stat. 3747; 113 Stat. 286) is amended--
(1) by striking ``and environmental restoration'' and
inserting ``environmental restoration, and coastal storm risk
management''; and
(2) by inserting ``Hawaii,'' after ``Guam,''.
SEC. 5321. CONNECTICUT RIVER BASIN INVASIVE SPECIES
PARTNERSHIPS.
Section 104(g)(2)(A) of the River and Harbor Act of 1958
(33 U.S.C. 610(g)(2)(A)) is amended by inserting ``the
Connecticut River Basin,'' after ``the Ohio River Basin,''.
SEC. 5322. EXPENSES FOR CONTROL OF AQUATIC PLANT GROWTHS AND
INVASIVE SPECIES.
Section 104(d)(2)(A) of the River and Harbor Act of 1958
(33 U.S.C. 610(d)(2)(A)) is amended by striking ``50
percent'' and inserting ``35 percent''.
SEC. 5323. CORPS OF ENGINEERS ASIAN CARP PREVENTION PILOT
PROGRAM.
Section 509(a)(2)(C)(ii) of the Water Resources Development
Act of 2020 (33 U.S.C. 610 note; Public Law 116-260) is
amended by striking ``2024'' and inserting ``2029''.
SEC. 5324. EXTENSION FOR CERTAIN INVASIVE SPECIES PROGRAMS.
Section 104(b)(2)(A) of the River and Harbor Act of 1958
(33 U.S.C. 610(b)(2)(A)) is amended--
(1) in clause (i), by striking ``each of fiscal years 2021
through 2024'' and inserting ``each of fiscal years 2025
through 2029''; and
(2) in clause (ii), by striking ``2028'' and inserting
``2029''.
SEC. 5325. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL
EROSION, RIVERINE EROSION, AND ICE AND GLACIAL
DAMAGE, ALASKA.
(a) In General.--Section 8315 of the Water Resources
Development Act of 2022 (136 Stat. 3783) is amended--
(1) in the section heading, by inserting ``riverine
erosion,'' after ``coastal erosion,''; and
(2) in subsection (a), in the matter preceding paragraph
(1), by inserting ``riverine erosion,'' after ``coastal
erosion,''.
(b) Clerical Amendments.--
(1) The table of contents in section 2(b) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023 (136 Stat. 2429) is amended by striking the item
relating to section 8315 and inserting the following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.''.
(2) The table of contents in section 8001(b) of the Water
Resources Development Act of 2022 (136 Stat. 3693) is amended
by striking the item relating to section 8315 and inserting
the following:
``Sec. 8315. Storm damage prevention and reduction, coastal erosion,
riverine erosion, and ice and glacial damage, Alaska.''.
SEC. 5326. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
DAMS.
Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f-2 note; Public Law 114-322) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Cost Sharing.--The non-Federal share of the cost of a
project for rehabilitation of a dam under this section,
including the cost of any required study, shall be the same
share assigned to the non-Federal interest for the cost of
initial construction of that
[[Page S5108]]
dam, including provision of all land, easements, rights-of-
way, and necessary relocations.'';
(2) in subsection (e)--
(A) by striking the subsection designation and heading and
all that follows through ``The Secretary'' and inserting the
following:
``(e) Cost Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary''; and
(B) by adding at the end the following:
``(2) Certain dams.--The Secretary shall not expend more
than $100,000,000 under this section for the Waterbury Dam
Spillway Project, Vermont.'';
(3) in subsection (f), by striking ``fiscal years 2017
through 2026'' and inserting ``fiscal years 2025 through
2029''; and
(4) by striking subsection (g).
SEC. 5327. EDIZ HOOK BEACH EROSION CONTROL PROJECT, PORT
ANGELES, WASHINGTON.
The cost-share for operation and maintenance costs for the
project for beach erosion control, Ediz Hook, Port Angeles,
Washington, authorized by section 4 of the Water Resources
Development Act of 1974 (88 Stat. 15), shall be in accordance
with the cost-share described in section 101(b)(1) of the
Water Resources Development Act of 1986 (33 U.S.C.
2211(b)(1)).
SEC. 5328. SENSE OF CONGRESS RELATING TO CERTAIN LOUISIANA
HURRICANE AND COASTAL STORM DAMAGE RISK
REDUCTION PROJECTS.
It is the sense of Congress that all efforts should be made
to extend the scope of the project for hurricane and storm
damage risk reduction, Morganza to the Gulf, Louisiana,
authorized by section 7002(3) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1368), and the project
for hurricane and storm damage risk reduction, Upper
Barataria Basin, Louisiana, authorized by section 8401(3) of
the Water Resources Development Act of 2022 (136 Stat. 3841),
in order to connect the two projects and realize the benefits
of continuous hurricane and coastal storm damage risk
reduction from west of Houma in Gibson, Louisiana, to the
connection with the Hurricane Storm Damage Risk Reduction
System around New Orleans, Louisiana.
SEC. 5329. CHESAPEAKE BAY OYSTER RECOVERY PROGRAM.
Section 704(b)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2263 note; Public Law 99-662) is amended, in
the second sentence, by striking ``$100,000,000'' and
inserting ``$120,000,000''.
SEC. 5330. BOSQUE WILDLIFE RESTORATION PROJECT.
(a) In General.--The Secretary shall establish a program to
carry out appropriate planning, design, and construction
measures for wildfire prevention and restoration in the
Middle Rio Grande Bosque, including the removal of jetty
jacks.
(b) Cost Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105
of the Water Resources Development Act of 1986 (33 U.S.C.
2213, 2215).
(2) Exception.--The non-Federal share of the cost of a
project carried out under this section benefitting an
economically disadvantaged community (as defined pursuant to
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note; Public Law 116-260)) shall be 10
percent.
(c) Repeal.--Section 116 of the Energy and Water
Development Appropriations Act, 2004 (117 Stat. 1836), is
repealed.
(d) Treatment.--The program authorized under subsection (a)
shall be considered a continuation of the program authorized
by section 116 of the Energy and Water Development
Appropriations Act, 2004 (117 Stat. 1836) (as in effect on
the day before the date of enactment of this Act).
SEC. 5331. EXPANSION OF TEMPORARY RELOCATION ASSISTANCE PILOT
PROGRAM.
Section 8154(g)(1) of the Water Resources Development Act
of 2022 (136 Stat. 3735) is amended by adding at the end the
following:
``(F) Project for hurricane and storm damage risk
reduction, Norfolk, Virginia, authorized by section 401(3) of
the Water Resources Development Act of 2020 (134 Stat.
2738).''.
SEC. 5332. WILSON LOCK FLOATING GUIDE WALL.
On the request of the relevant Federal entity, the
Secretary shall, to the maximum extent practicable, use all
relevant authorities to expeditiously provide technical
assistance, including engineering and design assistance, and
cost estimation assistance to the relevant Federal entity in
order to address the impacts to navigation along the
Tennessee River at the Wilson Lock and Dam, Alabama.
SEC. 5333. DELAWARE INLAND BAYS AND DELAWARE BAY COAST
COASTAL STORM RISK MANAGEMENT STUDY.
(a) Definitions.--In this section:
(1) Economically disadvantaged community.--The term
``economically disadvantaged community'' has the meaning
given the term pursuant to section 160 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note; Public Law 116-
260)).
(2) Study.--The term ``study'' means the Delaware Inland
Bays and Delaware Bay Coast Coastal Storm Risk Management
Study, authorized by the resolution of the Committee on
Public Works and Transportation of the House of
Representatives dated October 1, 1986, and the resolution of
the Committee on Environment and Public Works of the Senate
dated June 23, 1988.
(b) Study, Projects, and Separable Elements.--
Notwithstanding any other provision of law, if the Secretary
determines that the study will benefit 1 or more economically
disadvantaged communities, the non-Federal share of the costs
of carrying out the study, or project construction or a
separable element of a project authorized based on the study,
shall be 10 percent.
(c) Cost Sharing Agreement.--The Secretary shall seek to
expedite any amendments to any existing cost-share agreement
for the study in accordance with this section.
SEC. 5334. UPPER MISSISSIPPI RIVER PLAN.
Section 1103(e)(4) of the Water Resources Development Act
of 1986 (33 U.S.C. 652(e)(4)) is amended by striking
``$15,000,000'' and inserting ``$25,000,000''.
SEC. 5335. REHABILITATION OF PUMP STATIONS.
Notwithstanding the requirements of section 133 of the
Water Resources Development Act of 2020 (33 U.S.C. 2327a),
for purposes of that section, each of the following shall be
considered to be an eligible pump station (as defined in
subsection (a) of that section) that meets the requirements
described in subsection (b) of that section:
(1) The flood control pump station, Hockanum Road,
Northampton, Massachusetts.
(2) Pointe Celeste Pump Station, Plaquemines Parish,
Louisiana.
SEC. 5336. NAVIGATION ALONG THE TENNESSEE-TOMBIGBEE WATERWAY.
The Secretary shall, consistent with applicable statutory
authorities--
(1) coordinate with the relevant stakeholders and
communities in the State of Alabama and the State of
Mississippi to address the dredging needs of the Tennessee-
Tombigbee Waterway in those States; and
(2) ensure continued navigation at the locks and dams owned
and operated by the Corps of Engineers located along the
Tennessee-Tombigbee Waterway.
SEC. 5337. GARRISON DAM, NORTH DAKOTA.
The Secretary shall expedite the review of, and give due
consideration to, the request from the relevant Federal power
marketing administration that the Secretary apply section
1203 of the Water Resources Development Act of 1986 (33
U.S.C. 467n) to the project for dam safety at Garrison Dam,
North Dakota.
SEC. 5338. SENSE OF CONGRESS RELATING TO MISSOURI RIVER
PRIORITIES.
It is the sense of Congress that the Secretary should make
publicly available, where appropriate, any data used and any
decisions made by the Corps of Engineers relating to the
operations of civil works projects within the Missouri River
Basin in order to ensure transparency for the communities in
that Basin.
SEC. 5339. SOIL MOISTURE AND SNOWPACK MONITORING.
Section 511(a)(3) of the Water Resources Development Act of
2020 (134 Stat. 2753) is amended by striking ``2025'' and
inserting ``2029''.
SEC. 5340. CONTRACTS FOR WATER SUPPLY.
(a) Copan Lake, Oklahoma.--Section 8358(b)(2) of the Water
Resources Development Act of 2022 (136 Stat. 3802) is amended
by striking ``shall not pay more than 110 percent of the
initial project investment cost per acre-foot of storage for
the acre-feet of storage space sought under an agreement
under paragraph (1)'' and inserting ``, for the acre-feet of
storage space being sought under an agreement under paragraph
(1), shall pay 110 percent of the contractual rate per acre-
foot of storage in the most recent agreement of the City for
water supply storage space at the project''.
(b) State of Kansas.--
(1) In general.--The Secretary shall amend the contracts
described in paragraph (2) between the United States and the
State of Kansas, relating to storage space for water supply,
to change the method of calculation of the interest charges
that began accruing on February 1, 1977, on the investment
costs for the 198,350 acre-feet of future use storage space
and on April 1, 1979, on 125,000 acre-feet of future use
storage from compounding interest annually to charging simple
interest annually on the principal amount, until--
(A) the State of Kansas informs the Secretary of the desire
to convert the future use storage space to present use; and
(B) the principal amount plus the accumulated interest
becomes payable pursuant to the terms of the contracts.
(2) Contracts described.--The contracts referred to in
paragraph (1) are the following contracts between the United
States and the State of Kansas:
(A) Contract DACW41-74-C-0081, entered into on March 8,
1974, for the use by the State of Kansas of storage space for
water supply in Milford Lake, Kansas.
(B) Contract DACW41-77-C-0003, entered into on December 10,
1976, for the use by the State of Kansas for water supply in
Perry Lake, Kansas.
SEC. 5341. REND LAKE, CARLYLE LAKE, AND LAKE SHELBYVILLE,
ILLINOIS.
(a) In General.--Not later than 90 days after the date on
which the Secretary receives a request from the Governor of
Illinois to terminate a contract described in subsection (c),
the Secretary shall amend the contract to release to the
United States all rights of the State of Illinois to utilize
water storage space in the reservoir project to which the
contract applies.
[[Page S5109]]
(b) Relief of Certain Obligations.--On execution of an
amendment described in subsection (a), the State of Illinois
shall be relieved of the obligation to pay the percentage of
the annual operation and maintenance expense, the percentage
of major replacement cost, and the percentage of major
rehabilitation cost allocated to the water supply storage
specified in the contract for the reservoir project to which
the contract applies.
(c) Contracts.--Subsection (a) applies to the following
contracts between the United States and the State of
Illinois:
(1) Contract DACW43-88-C-0088, entered into on September
23, 1988, for utilization of storage space for water supply
in Rend Lake, Illinois.
(2) Contract DA-23-065-CIVENG-65-493, entered into on April
28, 1965, for utilization of storage space for water supply
in Rend Lake, Illinois.
(3) Contract DACW43-83-C-0008, entered into on July 6,
1983, for utilization of storage space in Carlyle Lake,
Illinois.
(4) Contract DACW43-83-C-0009, entered into on July 6,
1983, for utilization of storage space in Lake Shelbyville,
Illinois.
SEC. 5342. DELAWARE COASTAL SYSTEM PROGRAM.
(a) Purpose.--The purpose of this section is to provide for
the collective planning and implementation of coastal storm
risk management and hurricane and storm risk reduction
projects in Delaware to provide greater efficiency and a more
comprehensive approach to life safety and economic growth.
(b) Designation.--The following projects for coastal storm
risk management and hurricane and storm risk reduction shall
be known and designated as the ``Delaware Coastal System
Program'' (referred to in this section as the ``Program''):
(1) Delaware Bay Coastline, Roosevelt Inlet and Lewes
Beach, Delaware, authorized by section 101(a)(13) of the
Water Resources Development Act of 1999 (113 Stat. 276).
(2) Delaware Coast, Bethany Beach and South Bethany,
Delaware, authorized by section 101(a)(15) of the Water
Resources Development Act of 1999 (113 Stat. 276).
(3) Delaware Coast from Cape Henlopen to Fenwick Island,
Delaware, authorized by section 101(b)(11) of the Water
Resources Development Act of 2000 (114 Stat. 2577).
(4) Rehoboth Beach and Dewey Beach, Delaware, authorized by
section 101(b)(6) of the Water Resources Development Act of
1996 (110 Stat. 3667).
(5) Indian River Inlet, Delaware.
(6) The project for hurricane and storm damage risk
reduction, Delaware Beneficial Use of Dredged Material for
the Delaware River, Delaware, authorized by section 401(3) of
the Water Resources Development Act of 2020 (134 Stat. 2736)
and modified by section 8327(a) of the Water Resources
Development Act of 2022 (136 Stat. 3788) and subsection (e).
(c) Management.--The Secretary shall manage the projects
described in subsection (b) as components of a single,
comprehensive system, recognizing the interdependence of the
projects.
(d) Cost-share.--Notwithstanding any other provision of
law, the Federal share of the cost of each of the projects
described in paragraphs (1) through (4) of subsection (b)
shall be 80 percent.
(e) Broadkill Beach, Delaware.--The project for hurricane
and storm damage risk reduction, Delaware Beneficial Use of
Dredged Material for the Delaware River, Delaware, authorized
by section 401(3) of the Water Resources Development Act of
2020 (134 Stat. 2736) and modified by section 8327(a) of the
Water Resources Development Act of 2022 (136 Stat. 3788), is
modified to include the project for hurricane and storm
damage reduction, Delaware Bay coastline, Delaware and New
Jersey-Broadkill Beach, Delaware, authorized by section
101(a)(11) of the Water Resources Development Act of 1999
(113 Stat. 275).
SEC. 5343. MAINTENANCE OF PILE DIKE SYSTEM.
The Secretary shall continue to maintain the pile dike
system constructed by the Corps of Engineers for the purpose
of navigation along the Lower Columbia River and Willamette
River, Washington, at Federal expense.
SEC. 5344. CONVEYANCES.
(a) Generally Applicable Provisions.--
(1) Survey to obtain legal description.--The exact acreage
and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the conveyance.
(4) Liability.--
(A) Hold harmless.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed.
(B) Federal responsibility.--The United States shall remain
responsible for any liability with respect to activities
carried out before the date of conveyance on the real
property conveyed.
(5) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary
considers necessary and appropriate to protect the interests
of the United States.
(b) Dillard Road, Indiana.--
(1) Conveyance authorized.--The Secretary shall convey to
the State of Indiana all right, title, and interest of the
United States, together with any improvements on the land, in
and to the property described in paragraph (2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 11.85 acres of land and road
easements associated with Dillard Road, including
improvements on that land, located in Patoka Township,
Crawford County, Indiana.
(3) Deed.--The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and
conditions as the Secretary determines appropriate to protect
the interests of the United States.
(4) Reversion.--If the Secretary determines that the
property conveyed under this subsection is not used for a
public purpose, all right, title, and interest in and to the
property shall revert, at the discretion of the Secretary, to
the United States.
(c) Port of Skamania, Washington.--
(1) Conveyance authorized.--The Secretary shall convey to
the Port of Skamania, Washington, all right, title, and
interest of the United States, together with any improvements
on the land, in and to the property described in paragraph
(2).
(2) Property.--The property to be conveyed under this
subsection is the approximately 1.6 acres of land designated
as ``Lot I-2'', including any improvements on the land,
located in North Bonneville, Washington, T. 2 N., R. 7 E.,
sec. 19, Willamette Meridian.
(3) Consideration.--The Port of Skamania, Washington, shall
pay to the Secretary an amount that is not less than the fair
market value of the property conveyed under this subsection,
as determined by the Secretary.
SEC. 5345. EMERGENCY DROUGHT OPERATIONS PILOT PROGRAM.
(a) Definition of Covered Project.--In this section, the
term ``covered project'' means a project--
(1) that is located in the State of California or the State
of Arizona; and
(2)(A) of the Corps of Engineers for which water supply is
an authorized purpose; or
(B) for which the Secretary develops a water control manual
under section 7 of the Act of December 22, 1944 (commonly
known as the ``Flood Control Act of 1944'') (58 Stat. 890,
chapter 665; 33 U.S.C. 709).
(b) Emergency Operation During Drought.--Consistent with
other authorized project purposes and in coordination with
the non-Federal interest, in operating a covered project
during a drought emergency in the project area, the Secretary
may carry out a pilot program to operate the covered project
with water supply as the primary project purpose.
(c) Updates.--In carrying out this section, the Secretary
may update the water control manual for a covered project to
include drought operations and contingency plans.
(d) Requirements.--In carrying out subsection (b), the
Secretary shall ensure that--
(1) operations described in that subsection--
(A) are consistent with water management deviations and
drought contingency plans in the water control manual for the
covered project;
(B) impact only the flood pool managed by the Secretary;
and
(C) shall not be carried out in the event of a forecast or
anticipated flood or weather event that would require flood
risk management to take precedence;
(2) to the maximum extent practicable, the Secretary uses
forecast-informed reservoir operations; and
(3) the covered project returns to the operations that were
in place prior to the use of the authority provided under
that subsection at a time determined by the Secretary, in
coordination with the non-Federal interest.
(e) Contributed Funds.--The Secretary may receive and
expend funds contributed by a non-Federal interest to carry
out activities under this section.
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the pilot program
carried out under this section.
(2) Inclusions.--The Secretary shall include in the report
under paragraph (1) a description of the activities of the
Secretary that were carried out for each covered project and
any lessons learned from carrying out those activities.
(g) Limitations.--Nothing in this section--
(1) affects, modifies, or changes the authorized purposes
of a covered project;
(2) affects existing Corps of Engineers authorities,
including authorities with respect to navigation, flood
damage reduction, and environmental protection and
restoration;
(3) affects the ability of the Corps of Engineers to
provide for temporary deviations;
(4) affects the application of a cost-share requirement
under section 101, 102, or 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211, 2212, 2213);
(5) supersedes or modifies any written agreement between
the Federal Government and a non-Federal interest that is in
effect on the date of enactment of this Act;
(6) supersedes or modifies any amendment to an existing
multistate water control plan for the Colorado River Basin,
if applicable;
[[Page S5110]]
(7) affects any water right in existence on the date of
enactment of this Act;
(8) preempts or affects any State water law or interstate
compact governing water;
(9) affects existing water supply agreements between the
Secretary and the non-Federal interest; or
(10) affects any obligation to comply with the provisions
of any Federal or State environmental law, including--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 5346. REHABILITATION OF EXISTING LEVEES.
Section 3017(e) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3303a note; Public Law
113-121) is amended by striking ``2028'' and inserting
``2029''.
SEC. 5347. NON-FEDERAL IMPLEMENTATION PILOT PROGRAM.
(a) In General.--Section 1043(b) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2201 note;
Public Law 113-121) is amended--
(1) in paragraph (3)(A)(i)--
(A) in the matter preceding subclause (I), by striking
``20'' and inserting ``30''; and
(B) in subclause (III), by striking ``5'' and inserting
``15''; and
(2) in paragraph (8), by striking ``each of fiscal years
2019 through 2026'' and inserting ``each of fiscal years 2025
through 2029''.
(b) Louisiana Coastal Area Restoration Projects.--
(1) In general.--In carrying out the pilot program under
section 1043(b) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2201 note; Public Law 113-121), the
Secretary may include in the pilot program a project
authorized to be implemented under, or in accordance with,
title VII of the Water Resources Development Act of 2007 (121
Stat. 1270).
(2) Eligibility.--In the case of a project described in
paragraph (1) for which the non-Federal interest has
initiated construction in accordance with authorities
governing the provision of in-kind contributions for the
project, the Secretary shall take into account the value of
any in-kind contributions provided by the non-Federal
interest for the project prior to the date of execution of
the project partnership agreement under section 1043(b) of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2201 note; Public Law 113-121) for purposes of
determining the non-Federal share of the costs to complete
construction of the project.
SEC. 5348. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
Section 128(c) of the Water Resources Development Act of
2020 (33 U.S.C. 610 note; Public Law 116-260) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) Lake Elsinore, California; and
``(16) Willamette River, Oregon.''.
SEC. 5349. SENSE OF CONGRESS RELATING TO MOBILE HARBOR,
ALABAMA.
It is sense of Congress that the Secretary should,
consistent with applicable statutory authorities, coordinate
with relevant stakeholders in the State of Alabama to address
the dredging and dredging material placement needs associated
with the project for navigation, Mobile Harbor, Alabama,
authorized by section 201 of the Flood Control Act of 1965
(42 U.S.C. 1962d-5) and modified by section 309 of the Water
Resources Development Act of 2020 (134 Stat. 2704).
SEC. 5350. SENSE OF CONGRESS RELATING TO PORT OF PORTLAND,
OREGON.
It is sense of Congress that--
(1) the Port of Portland, Oregon, is the sole dredging
operator of the federally authorized navigation channel in
the Columbia River, which was authorized by section 101 of
the River and Harbors Act of 1962 (76 Stat. 1177);
(2) the Corps of Engineers should continue to provide
operation and maintenance support for the Port of Portland,
Oregon, including for dredging equipment;
(3) the pipeline dredge of the Port of Portland, known as
the ``Dredge Oregon'', was built in 1965, 58 years ago, while
the average age of a dredging vessel in the United States is
25 years; and
(4) Congress commits to ensuring continued dredging for the
Port of Portland.
SEC. 5351. CHATTAHOOCHEE RIVER PROGRAM.
Section 8144 of the Water Resources Development Act of 2022
(136 Stat. 3724) is amended--
(1) by striking ``comprehensive plan'' each place it
appears and inserting ``plans'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Comprehensive
Plan'' and inserting ``Implementation Plans''; and
(B) in paragraph (1)--
(i) by striking ``2 years'' and inserting ``4 years''; and
(ii) by striking ``a comprehensive Chattahoochee River
Basin restoration plan to guide the implementation of
projects'' and inserting ``plans to guide implementation of
Chattahoochee River Basin restoration projects''; and
(3) in subsection (j), by striking ``3 years'' and
inserting ``5 years''.
SEC. 5352. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY
HARBORS.
Section 8132 of the Water Resources Development Act of 2022
(33 U.S.C. 2238e) is amended--
(1) in subsection (a), by inserting ``and for purposes of
contributing to ecosystem restoration'' before the period at
the end; and
(2) in subsection (h)(1), by striking ``2026'' and
inserting ``2029''.
SEC. 5353. WINOOSKI RIVER TRIBUTARY WATERSHED.
Section 212(e)(2) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)(2)) is amended by adding at the end
the following:
``(L) Winooski River tributary watershed, Vermont.''.
SEC. 5354. WACO LAKE, TEXAS.
The Secretary shall, to the maximum extent practicable,
expedite the review of, and give due consideration to, the
request from the City of Waco, Texas, that the Secretary
apply section 147 of the Water Resources Development Act of
2020 (33 U.S.C. 701q-1) to the embankment adjacent to Waco
Lake in Waco, Texas.
SEC. 5355. SEMINOLE TRIBAL CLAIM EXTENSION.
Section 349 of the Water Resources Development Act of 2020
(134 Stat. 2716) is amended in the matter preceding paragraph
(1) by striking ``2022'' and inserting ``2027''.
SEC. 5356. COASTAL EROSION PROJECT, BARROW, ALASKA.
For purposes of implementing the coastal erosion project,
Barrow, Alaska, the Secretary may consider the North Slope
Borough to be in compliance with section 402(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(a)) on
adoption by the North Slope Borough Assembly of a floodplain
management plan to reduce the impacts of future flood events
in the immediate floodplain area of the project if that
plan--
(1) is approved by the relevant Federal agency; and
(2) was developed in consultation with the relevant Federal
agency and the Secretary.
SEC. 5357. COLEBROOK RIVER RESERVOIR, CONNECTICUT.
(a) Contract Termination Request.--
(1) In general.--Not later than 90 days after the date on
which the Secretary receives a request from the Metropolitan
District of Hartford County, Connecticut, to terminate the
contract described in paragraph (2), the Secretary shall
offer to amend the contract to release to the United States
all rights of the Metropolitan District of Hartford,
Connecticut, to utilize water storage space in the reservoir
project to which the contract applies.
(2) Contract described.--The contract referred to in
paragraph (1) and subsection (b) is the contract between the
United States and the Metropolitan District of Hartford
County, Connecticut, numbered DA-19-016-CIVENG-65-203, with
respect to the Colebrook River Reservoir in Connecticut.
(b) Relief of Certain Obligations.--On execution of the
amendment described in subsection (a)(1), the Metropolitan
District of Hartford County, Connecticut, shall be relieved
of the obligation to pay the percentage of the annual
operation and maintenance expense, the percentage of major
replacement cost, and the percentage of major rehabilitation
cost allocated to the water supply storage specified in the
contract described in subsection (a)(2) for the reservoir
project to which the contract applies.
SEC. 5358. SENSE OF CONGRESS RELATING TO SHALLOW DRAFT
DREDGING IN THE CHESAPEAKE BAY.
It is the sense of Congress that--
(1) shallow draft dredging in the Chesapeake Bay is
critical for tourism, recreation, and the fishing industry
and that additional dredging is needed; and
(2) the Secretary should, to the maximum extent
practicable, use existing statutory authorities to address
the dredging needs at small harbors and channels in the
Chesapeake Bay.
SEC. 5359. REPLACEMENT OF CAPE COD CANAL BRIDGES.
(a) Authority.--The Secretary is authorized to allow the
Commonwealth of Massachusetts to construct the replacement of
the Bourne Bridge and the Sagamore Bridge, Massachusetts.
(b) Requirements.--
(1) In general.--The authority provided under subsection
(a) shall be--
(A) carried out in accordance with a memorandum of
understanding entered into by the Secretary and the
Commonwealth of Massachusetts;
(B) subject to the same legal and technical requirements as
if the construction of the replacement of the bridges were
carried about by the Secretary, and any other conditions that
the Secretary determines to be appropriate; and
(C) on the condition that the bridges shall be conveyed to
the Commonwealth of Massachusetts on completion of the
replacement of the bridges pursuant to section 109 of the
River and Harbor Act of 1950 (33 U.S.C. 534).
(c) Conditions.--Before carrying out the construction of
the replacement of the Bourne Bridge and the Sagamore Bridge,
Massachusetts, under this section, the Commonwealth of
Massachusetts shall--
(1) obtain any permit or approval required in connection
with that replacement under Federal or State law; and
(2) ensure that the environmental impact statement or
environmental assessment, as appropriate, for that
replacement is complete.
(d) Reimbursement.--
(1) In general.--Subject to paragraphs (2) and (3) and
subsection (e), the Secretary is authorized to reimburse the
Commonwealth of Massachusetts for the Corps of Engineers
[[Page S5111]]
contribution of the construction costs for the replacement of
the Bourne Bridge and the Sagamore Bridge, Massachusetts, or
a portion of the replacement of the bridges, except that the
total reimbursement for the replacement of the bridges shall
not exceed $250,000,000.
(2) Availability of appropriations.--The total amount of
reimbursement described in paragraph (1)--
(A) shall be subject to the availability of appropriations;
and
(B) shall not be derived from the previous funding provided
to the Secretary under title I of division D of the
Consolidated Appropriations Act, 2024 (Public Law 118-42),
for the Corps of Engineers for the purpose of replacing the
Bourne Bridge and Sagamore Bridge, Massachusetts.
(3) Certification.--Prior to providing a reimbursement
under this subsection, the Secretary shall certify that the
Commonwealth of Massachusetts has carried out the
construction of the replacement of the Bourne Bridge and the
Sagamore Bridge, Massachusetts, or a portion of the
replacement of the bridges in accordance with--
(A) all applicable permits and approvals; and
(B) this section.
(e) Total Funding.--The total amount of funding expended by
the Secretary for the construction of the replacement of the
Bourne Bridge and the Sagamore Bridge, Massachusetts, shall
not exceed $600,000,000.
SEC. 5360. UPPER ST. ANTHONY FALLS LOCK AND DAM.
(a) In General.--The portion of the project for navigation,
Mississippi River, between the Missouri River and
Minneapolis, Minnesota, authorized by the first section of
the Act of August 26, 1937 (50 Stat. 848, chapter 832),
consisting of Upper St. Anthony Falls Lock and Dam located at
Mississippi River Mile 853.9 in Minneapolis, Minnesota, is
modified to remove the requirement to pass navigation
traffic.
(b) Implementation.--To carry out this section, the
Secretary shall modify operation and maintenance requirements
for the Upper St. Anthony Falls Lock and Dam to those
required--
(1) to mitigate flood damage;
(2) for dam safety; and
(3) for structural maintenance.
(c) Savings Clause.--Nothing in this section prevents the
Secretary from carrying out lock operations if those
operations are--
(1) to mitigate flood damage; and
(2) in the public interest.
(d) Considerations.--Section 356(f) of the Water Resources
Development Act of 2020 (134 Stat. 2724) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Considerations.--In carrying out paragraph (1), as
expeditiously as possible and to the maximum extent
practicable, the Secretary shall take all possible measures
to reduce the physical footprint required for easements
described in subparagraph (A) of that paragraph, including an
examination of the use of crane barges on the Mississippi
River.''.
SEC. 5361. FLEXIBILITIES FOR CERTAIN HURRICANE AND STORM
DAMAGE RISK REDUCTION PROJECTS.
(a) Findings.--Congress finds that--
(1) the Corps of Engineers incorrectly applied the
nationwide statutory requirements and the policies of the
agency related to easements for communities within the
boundaries of the Jacksonville District;
(2) this incorrect application created inconsistencies,
confusion, and challenges with carrying out 18 critical
hurricane and storm damage risk reduction projects in
Florida, and in order to remedy the situation, the Assistant
Secretary of the Army for Civil Works issued a memorandum
that provided flexibilities for the easements of those
projects; and
(3) those projects need additional assistance going
forward, and as such, this section provides additional
flexibilities and allows the projects to transition, on the
date of their expiration, to the nationwide policies and
statutory requirements for easements of the Corps of
Engineers.
(b) Flexibilities Provided.--Notwithstanding any other
provision of law, but maintaining any existing easement
agreement or executed project partnership agreement for a
project described in subsection (c), the Secretary may
proceed to construction of a project described in that
subsection with an easement of not less than 25 years, in
lieu of the perpetual beach storm damage reduction easement
standard estate if--
(1) the report of the Chief of Engineers, the accompanying
reports of the District Engineer and the Division Engineer,
and the executed project partnership agreement for the
project do not specify that the perpetual beach storm damage
reduction easement standard estate is required;
(2) the project complies with all other applicable laws and
Corps of Engineers policies during the term of the easement,
including the guarantee of a public beach, public access,
public use, and access for any work necessary and incident to
the construction of the project, periodic nourishment, and
operation, maintenance, repair, replacement, and
rehabilitation of the project; and
(3) the non-Federal interest agrees to pay the costs of
acquiring easements for periodic nourishment of the project
after the expiration of the initial easements, for which the
non-Federal interest may not receive credit toward the non-
Federal share of the costs of the project.
(c) Projects Described.--A project referred to in
subsection (b) is any of the following projects for hurricane
and storm damage risk reduction:
(1) Brevard County, Canaveral Harbor, Florida - North
Reach.
(2) Brevard County, Canaveral Harbor, Florida - South
Reach.
(3) Broward County, Florida - Segment II.
(4) Lee County, Florida - Captiva.
(5) Lee County, Florida - Gasparilla.
(6) Manatee County, Florida.
(7) Martin County, Florida.
(8) Nassau County, Florida.
(9) Palm Beach County, Florida - Jupiter/Carlin Segment.
(10) Palm Beach County, Florida - Mid Town.
(11) Palm Beach County, Florida - Ocean Ridge.
(12) Pinellas County, Florida - Long Key.
(13) Pinellas County, Florida - Sand Key Segment.
(14) Pinellas County, Florida - Treasure Island.
(15) Sarasota County, Florida - Venice Beach.
(16) St. Johns County, Florida - St. Augustine Beach.
(17) St. Johns County, Florida - Vilano Segment.
(18) St. Lucie County, Florida - Hutchinson Island.
(d) Prohibition.--The Secretary shall not carry out an
additional economic justification for a project described in
subsection (c) on the basis that the project has easements
for a period of less than 50 years pursuant to this section.
(e) Written Notice.--Not less than 5 years before the date
of expiration of an easement for a project described in
subsection (c), the Secretary shall provide to the non-
Federal interest for the project written notice that if the
easement expires and is not extended under subsection (f)--
(1) the Secretary will not be able--
(A) to renourish the project under the existing project
authorization; or
(B) to restore the project to pre-storm conditions under
section 5 of the Act of August 18, 1941 (commonly known as
the ``Flood Control Act of 1941'') (55 Stat. 650, chapter
377; 33 U.S.C. 701n); and
(2) the non-Federal interest or the applicable State will
have the responsibility to renourish or restore the project.
(f) Extension.--With respect to a project described in
subsection (c), before the expiration of an easement that has
a term of less than 50 years and is subject to subsection
(b), the Secretary may allow the non-Federal interest for the
project to extend the easement, subject to the condition that
the easement and any extensions do not exceed 50 years in
total.
(g) Temporary Easements.--In the case of a project
described in subsection (c) that received funding under
section 5 of the Act of August 18, 1941 (commonly known as
the ``Flood Control Act of 1941'') (55 Stat. 650, chapter
377; 33 U.S.C. 701n), made available by a supplemental
appropriations Act, or is eligible to receive such funding as
a result of storm damage incurred during fiscal year 2022,
2023, 2024, 2025, or 2026, the project may use 1 or more
temporary easements, subject to the conditions that--
(1) the easement lasts for the duration of the applicable
renourishment agreement; and
(2) the work shall be carried out by not later than 2 years
after the date of enactment of this Act.
(h) Termination.--The authority provided under this section
shall terminate, with respect to a project described in
subsection (c), on the date on which the operations and
maintenance activities for that project expire.
TITLE LIV--PROJECT AUTHORIZATIONS
SEC. 5401. PROJECT AUTHORIZATIONS.
The following projects for water resources development and
conservation and other purposes, as identified in the reports
titled ``Report to Congress on Future Water Resources
Development'' submitted to Congress pursuant to section 7001
of the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress, are
authorized to be carried out by the Secretary substantially
in accordance with the plans, and subject to the conditions,
described in the respective reports or decision documents
designated in this section:
(1) Navigation.--
[[Page S5112]]
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. MD Baltimore Harbor June 22, 2023 Federal: $47,956,500
Anchorages and Non-Federal: $15,985,500
Channels, Sea Total: $63,942,000
Girt Loop
------------------------------------------------------------------------
2. CA Oakland Harbor May 30, 2024 Federal: $408,164,600
Turning Basins Non-Federal: $200,780,400
Widening Total: $608,945,000
------------------------------------------------------------------------
(2) Flood risk management.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. KS Manhattan Levees May 6, 2024 Federal: $29,455,000
Non-Federal: $15,860,000
Total: $45,315,000
------------------------------------------------------------------------
(3) Hurricane and storm damage risk reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. RI Rhode Island September 28, Federal: $188,353,750
Coastline Storm 2023 Non-Federal: $101,421,250
Risk Management Total: $289,775,000
------------------------------------------------------------------------
2. FL St. Johns County, April 18, Federal: $49,223,000
Ponte Vedra 2024 Non-Federal: $89,097,000
Beach, Coastal Total: $138,320,000
Storm Risk
Management
------------------------------------------------------------------------
3. LA St. Tammany May 28, 2024 Federal: $3,653,346,450
Parish, Louisiana Non-Federal: $2,240,881,550
Coastal Storm and Total: $5,894,229,000
Flood Risk
Management
------------------------------------------------------------------------
4. DC Metropolitan June 17, 2024 Federal: $9,899,500
Washington, Non-Federal: $5,330,500
District of Total: $15,230,000
Columbia, Coastal
Storm Risk
Management
------------------------------------------------------------------------
(4) Navigation and hurricane and storm damage risk
reduction.--
------------------------------------------------------------------------
C. Date of
Report of
A. State B. Name Chief of D. Estimated Costs
Engineers
------------------------------------------------------------------------
1. TX Gulf Intracoastal June 2, 2023 Federal: $204,244,000
Waterway, Inland Waterways Trust
Brazoria and Fund: $109,977,000
Matagorda Total: $314,221,000
Counties
------------------------------------------------------------------------
[[Page S5113]]
(5) Flood risk management and aquatic ecosystem
restoration.--
------------------------------------------------------------------------
C. Date of
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. MS Memphis December 18, Federal: $44,295,000
Metropolitan 2023 Non-Federal: $23,851,000
Stormwater-North Total: $68,146,000
DeSoto County
------------------------------------------------------------------------
(6) Modifications and other projects.--
------------------------------------------------------------------------
C. Date of
Report or
A. State B. Name Decision D. Estimated Costs
Document
------------------------------------------------------------------------
1. NY South Shore Staten February 6, Federal: $1,730,973,900
Island, Fort 2024 Non-Federal: $363,228,100
Wadsworth to Total: $2,094,202,000
Oakwood Beach
Coastal Storm
Risk Management
------------------------------------------------------------------------
2. MO University City February 9, Federal: $9,094,000
Branch, River Des 2024 Non-Federal: $4,897,000
Peres Total: $13,990,000
------------------------------------------------------------------------
3. AZ Tres Rios, Arizona May 28, 2024 Federal: $213,433,000
Ecosystem Non-Federal: $118,629,000
Restoration Total: $332,062,000
Project
------------------------------------------------------------------------
SEC. 5402. FACILITY INVESTMENT.
(a) In General.--Subject to subsection (b), using amounts
available in the revolving fund established by the first
section of the Civil Functions Appropriations Act, 1954 (33
U.S.C. 576), and not otherwise obligated, the Secretary may--
(1) design and construct an Operations and Maintenance
Building in Galveston, Texas, described in the prospectus
submitted to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on May 22,
2024, pursuant to subsection (c) of that section of that Act
(33 U.S.C. 576(c)), substantially in accordance with the
prospectus;
(2) design and construct a warehouse facility at the
Longview Lake Project, Lee's Summit, Missouri, described in
the prospectus submitted to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on May 22, 2024, pursuant to subsection (c)
of that section of that Act (33 U.S.C. 576(c)), substantially
in accordance with the prospectus;
(3) design and construct facilities, including a joint
administration building, a maintenance building, and a
covered boat house, at the Corpus Christi Resident Office
(Construction) and the Corpus Christi Regulatory Field
Office, Naval Air Station, Corpus Christi, Texas, described
in the prospectus submitted to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on June 6, 2024, pursuant to subsection (c)
of that section of that Act (33 U.S.C. 576(c)), substantially
in accordance with the prospectus; and
(4) carry out such construction and infrastructure
improvements as are required to support the facilities
described in paragraphs (1) through (3), including any
necessary demolition of the existing infrastructure.
(b) Requirement.--In carrying out subsection (a), the
Secretary shall ensure that the revolving fund established by
the first section of the Civil Functions Appropriations Act,
1954 (33 U.S.C. 576), is appropriately reimbursed from funds
appropriated for Corps of Engineers programs that benefit
from the facilities constructed under this section.
______
SA 2880. Mr. MULLIN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 318. PROHIBITION ON USE OF FUNDS TO IMPLEMENT CLEAN
ENERGY RULE.
None of the funds authorized to be appropriated by this Act
for the Department of Defense may be used to implement the
final rule prescribed by the Department of Energy relating to
``Clean Energy for New Federal Buildings and Major
Renovations of Federal Buildings'' (89 Fed. Reg. 35384;
published May 1, 2024), on property owned or leased by the
Department of Defense or property utilized for purposes of
national defense.
______
SA 2881. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Western Hemisphere Partnership Act
SEC. 1294. SHORT TITLE.
This subtitle may be cited as the ``Western Hemisphere
Partnership Act''.
SEC. 1295. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.
It is the policy of the United States to promote economic
competitiveness, democratic governance, and security in the
Western Hemisphere by--
(1) encouraging stronger economic relations, respect for
property rights, the rule of law, and enforceable investment
rules and labor and environmental standards;
(2) advancing the principles and practices expressed in the
Charter of the Organization of American States, the American
Declaration on the Rights and Duties of Man, and the Inter-
American Democratic Charter; and
(3) enhancing the capacity and technical capabilities of
democratic partner nation government institutions, including
civilian law enforcement, the judiciary, attorneys general,
and security forces.
SEC. 1296. PROMOTING SECURITY AND THE RULE OF LAW IN THE
WESTERN HEMISPHERE.
(a) In General.--The Secretary of State, in coordination
with the heads of other relevant Federal agencies, should
support the improvement of security conditions and the
[[Page S5114]]
rule of law in the Western Hemisphere through collaborative
efforts with democratic partners that--
(1) enhance the institutional capacity and technical
capabilities of defense and security institutions in
democratic partner nations to conduct national or regional
security missions, including through regular bilateral and
multilateral engagements, foreign military sales and
financing, international military education and training
programs, expanding the National Guard State Partnership
Programs, and other means;
(2) provide technical assistance and material support
(including, as appropriate, radars, vessels, and
communications equipment) to relevant security forces to
disrupt, degrade, and dismantle organizations involved in the
illicit trafficking of narcotics and precursor chemicals,
transnational criminal activities, illicit mining, and
illegal, unreported, and unregulated fishing, and other
illicit activities;
(3) enhance the institutional capacity, legitimacy, and
technical capabilities of relevant civilian law enforcement,
attorneys general, and judicial institutions to--
(A) strengthen the rule of law and transparent governance;
(B) combat corruption and kleptocracy in the region; and
(C) improve regional cooperation to disrupt, degrade, and
dismantle transnational organized criminal networks and
terrorist organizations, including through training,
anticorruption initiatives, anti-money laundering programs,
and strengthening cyber capabilities and resources;
(4) enhance port management and maritime security
partnerships and airport management and aviation security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of
people, goods, and services;
(5) strengthen cooperation to improve border security
across the Western Hemisphere, dismantle human smuggling and
trafficking networks, and increase cooperation to
demonstrably strengthen migration management systems;
(6) counter the malign influence of state and non-state
actors and disinformation campaigns;
(7) disrupt illicit domestic and transnational financial
networks;
(8) foster mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) supporting regional preparedness, recovery, and
emergency management centers to facilitate rapid response to
survey and help maintain planning on regional disaster
anticipated needs and possible resources;
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences;
(C) making available, preparing, and transferring on-hand
nonlethal supplies, and providing training on the use of such
supplies, for humanitarian or health purposes to respond to
unforeseen emergencies; and
(D) conducting medical support operations and medical
humanitarian missions, such as hospital ship deployments and
base-operating services, to the extent required by the
operation;
(9) foster regional mechanisms for early warning and
response to pandemics in the Western Hemisphere, including
through--
(A) improved cooperation with and research by the United
States Centers for Disease Control and Prevention through
regional pandemic response centers;
(B) personnel exchanges for technology transfer and skills
development; and
(C) surveying and mapping of health networks to build local
health capacity;
(10) promote the meaningful participation of women across
all political processes, including conflict prevention and
conflict resolution and post-conflict relief and recovery
efforts; and
(11) hold accountable actors that violate political and
civil rights.
(b) Limitations on Use of Technologies.--Operational
technologies transferred pursuant to subsection (a) to
partner governments for intelligence, defense, or law
enforcement purposes shall be used solely for the purposes
for which the technology was intended. The United States
shall take steps to ensure that the use of such operational
technologies is consistent with United States law, including
protections of freedom of expression, freedom of movement,
and freedom of association.
(c) Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
agencies, shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives a 5-year strategy to promote
security and the rule of law in the Western Hemisphere in
accordance to this section.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) A detailed assessment of the resources required to
carry out such collaborative efforts.
(B) Annual benchmarks to track progress and obstacles in
undertaking such collaborative efforts.
(C) A public diplomacy component to engage the people of
the Western Hemisphere with the purpose of demonstrating that
the security of their countries is enhanced to a greater
extent through alignment with the United States and
democratic values rather than with authoritarian countries
such as the People's Republic of China, the Russian
Federation, and the Islamic Republic of Iran.
(3) Briefing.--Not later than 1 year after submission of
the strategy required under paragraph (1), and annually
thereafter, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a briefing on the implementation of the strategy.
SEC. 1297. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE
WESTERN HEMISPHERE.
The Secretary of State, in coordination with the heads of
other relevant Federal agencies, should promote
digitalization and cybersecurity in the Western Hemisphere
through collaborative efforts with democratic partners that--
(1) promote digital connectivity and facilitate e-commerce
by expanding access to information and communications
technology (ICT) supply chains that adhere to high-quality
security and reliability standards, including--
(A) to open market access on a national treatment,
nondiscriminatory basis; and
(B) to strengthen the cybersecurity and cyber resilience of
partner countries;
(2) advance the provision of digital government services
(e-government) that, to the greatest extent possible, promote
transparency, lower business costs, and expand citizens'
access to public services and public information; and
(3) develop robust cybersecurity partnerships to--
(A) promote the inclusion of components and architectures
in information and communications technology (ICT) supply
chains from participants in initiatives that adhere to high-
quality security and reliability standards;
(B) share best practices to mitigate cyber threats to
critical infrastructure from ICT architectures from foreign
countries of concern as defined in section 10612(a)(1) of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19221(a)(1)), foreign entities of concern as defined
in section 10612(a)(2) of the Research and Development,
Competition, and Innovation Act (42 U.S.C. 19221(a)(2)), and
by technology providers that supply equipment and services
covered under section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601);
(C) effectively respond to cybersecurity threats, including
state-sponsored threats; and
(D) to strengthen resilience against cyberattacks and
cybercrime.
SEC. 1298. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN
THE WESTERN HEMISPHERE.
The Secretary of State, in consultation with the heads of
other relevant Federal agencies, should support the
improvement of economic conditions in the Western Hemisphere
through collaborative efforts with democratic partners that--
(1) facilitate a more open, transparent, and competitive
environment for United States businesses and promote robust
and comprehensive trade capacity-building and trade
facilitation by--
(A) reducing trade and nontariff barriers between the
countries in the region, establishing a mechanism for
pursuing Mutual Recognition Agreements and Formalized
Regulatory Cooperation Agreements in priority sectors of the
economy;
(B) building relationships and exchanges between relevant
regulatory bodies in the United States and democratic
partners in the Western Hemisphere to promote best practices
and transparency in rulemaking, implementation, and
enforcement, and provide training and assistance to help
improve supply chain management in the Western Hemisphere;
(C) establishing regional fora for identifying, raising,
and addressing supply chain management issues, including
infrastructure needs and strengthening of investment rules
and regulatory frameworks;
(D) establishing a dedicated program of trade missions and
reverse trade missions to increase commercial contacts and
ties between the United States and Western Hemisphere partner
countries; and
(E) strengthening labor and environmental standards in the
region;
(2) establish frameworks or mechanisms to review and
address the long-term financial sustainability and national
security implications of foreign investments in strategic
sectors or services;
(3) establish competitive and transparent infrastructure
project selection and procurement processes that promote
transparency, open competition, financial sustainability, and
robust adherence to global standards and norms;
(4) advance robust and comprehensive energy production and
integration, including through a more open, transparent, and
competitive environment for United States companies competing
in the Western Hemisphere; and
(5) explore opportunities to partner with the private
sector and multilateral institutions, such as the World Bank
and the Inter-American Development Bank, to promote universal
access to reliable and affordable electricity in the Western
Hemisphere.
[[Page S5115]]
SEC. 1299. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE
IN THE WESTERN HEMISPHERE.
The Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development and heads of other relevant Federal agencies,
should support transparent, accountable, and democratic
governance in the Western Hemisphere through collaborative
efforts with democratic partners that--
(1) strengthen the capacity of national electoral
institutions to ensure free, fair, and transparent electoral
processes, including through pre-election assessment
missions, technical assistance, and independent local and
international election monitoring and observation missions;
(2) enhance the capabilities of democratically elected
national legislatures, parliamentary bodies, and autonomous
regulatory institutions to conduct oversight;
(3) strengthen the capacity of subnational government
institutions to govern in a transparent, accountable, and
democratic manner, including through training and technical
assistance;
(4) combat corruption at local and national levels,
including through trainings, cooperation agreements,
initiatives aimed at dismantling corrupt networks, and
political support for bilateral or multilateral
anticorruption mechanisms that strengthen attorneys general
and prosecutors' offices;
(5) strengthen the capacity of civil society to conduct
oversight of government institutions, build the capacity of
independent professional journalism, facilitate substantive
dialogue with government and the private sector to generate
issue-based policies, and mobilize local resources to carry
out such activities;
(6) promote the meaningful and significant participation of
women in democratic processes, including in national and
subnational government and civil society; and
(7) support the creation of procedures for the Organization
of American States (OAS) to create an annual forum for
democratically elected national legislatures from OAS member
States to discuss issues of hemispheric importance, as
expressed in section 4 of the Organization of American States
Legislative Engagement Act of 2020 (Public Law 116-343).
SEC. 1299A. SENSE OF CONGRESS ON PRIORITIZING NOMINATION AND
CONFIRMATION OF QUALIFIED AMBASSADORS.
It is the sense of Congress that it is critically important
that both the President and the Senate play their respective
roles to nominate and confirm qualified ambassadors as
quickly as possible.
SEC. 1299B. WESTERN HEMISPHERE DEFINED.
In this subtitle, the term ``Western Hemisphere'' does not
include Cuba, Nicaragua, or Venezuela.
SEC. 1299C. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED
STATES CITIZENS AS HOSTAGES.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report on efforts by the Maduro regime of
Venezuela to detain United States citizens and lawful
permanent residents.
(b) Elements.--The report required by subsection (a) shall
include, regarding the arrest, capture, detainment, and
imprisonment of United States citizens and lawful permanent
residents--
(1) the names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities;
(2) a description of any role played by transnational
criminal organizations, and an identification of such
organizations; and
(3) where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been
lured to Venezuela.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but shall include a
classified annex, which shall include a list of the total
number of United States citizens and lawful permanent
residents detained or imprisoned in Venezuela as of the date
on which the report is submitted.
______
SA 2882. Mr. BARRASSO (for himself and Mr. Manchin) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Mining Schools Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Technology Grants to
Strengthen Domestic Mining Education Act of 2024'' or the
``Mining Schools Act of 2024''.
SEC. 1097. TECHNOLOGY GRANTS TO STRENGTHEN DOMESTIC MINING
EDUCATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Mining
Professional Development Advisory Board established by
subsection (d)(1).
(2) Mining industry.--The term ``mining industry'' means
the mining industry of the United States, consisting of the
search for, and extraction, beneficiation, refining,
smelting, and processing of, naturally occurring metal and
nonmetal minerals from the earth.
(3) Mining profession.--The term ``mining profession''
means the body of jobs directly relevant to--
(A) the exploration, planning, execution, and remediation
of metal and nonmetal mining sites; and
(B) the extraction, including the separation, refining,
alloying, smelting, concentration, and processing, of mineral
ores.
(4) Mining school.--The term ``mining school'' means--
(A) a mining, metallurgical, geological, or mineral
engineering program accredited by the Accreditation Board for
Engineering and Technology, Inc., that is located at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)); or
(B) a geology or engineering program or department that is
located at a 4-year public institution of higher education
(as so defined) located in a State the gross domestic product
of which in 2021 was not less than $2,000,000,000 in the
combined categories of ``Mining (except oil and gas)'' and
``Support activities for mining'', according to the Bureau of
Economic Analysis.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Domestic Mining Education Strengthening Program.--The
Secretary, in consultation with the Secretary of the Interior
(acting through the Director of the United States Geological
Survey), shall--
(1) establish a grant program to strengthen domestic mining
education; and
(2) under the program established in paragraph (1), award
competitive grants to mining schools for the purpose of
recruiting and educating the next generation of mining
engineers and other qualified professionals to meet the
future energy and mineral needs of the United States.
(c) Grants.--
(1) In general.--In carrying out the grant program
established under subsection (b)(1), the Secretary shall
award not more than 10 grants each year to mining schools.
(2) Selection requirements.--
(A) In general.--To the maximum extent practicable, the
Secretary shall select recipients for grants under paragraph
(1) to ensure geographic diversity among grant recipients to
ensure that region-specific specialties are developed for
region-specific geology.
(B) Timeline.--The Secretary shall award the grants under
paragraph (1) by not later than the later of--
(i) the date that is 180 days after the start of the
applicable fiscal year; and
(ii) the date that is 180 days after the date on which the
Act making full-year appropriations for the Department of
Energy for the applicable fiscal year is enacted.
(3) Recommendations of the board.--
(A) In general.--In selecting recipients for grants under
paragraph (1) and determining the amount of each grant, the
Secretary, to the maximum extent practicable, shall take into
consideration the recommendations of the Board under
subparagraphs (A) and (B) of subsection (d)(3).
(B) Selection statement.--In selecting recipients for
grants under paragraph (1), the Secretary shall--
(i) in response to a recommendation from the Board, submit
to the Board a statement that describes--
(I) whether the Secretary accepts or rejects, in whole or
in part, the recommendation of the Board; and
(II) the justification and rationale for any rejection, in
whole or in part, of the recommendation of the Board; and
(ii) not later than 15 days after awarding a grant for
which the Board submitted a recommendation, publish the
statement submitted under clause (i) on the Department of
Energy website.
(4) Use of funds.--A mining school receiving a grant under
paragraph (1) shall use the grant funds--
(A) to recruit students to the mining school; and
(B) to enhance and support programs related to, as
applicable--
(i) mining, mineral extraction efficiency, and related
processing technology;
(ii) emphasizing critical mineral and rare earth element
exploration, extraction, and refining;
(iii) reclamation technology and practices for active
mining operations;
(iv) the development of reprocessing systems and
technologies that facilitate reclamation that fosters the
recovery of resources at abandoned mine sites;
(v) mineral extraction methods that reduce environmental
and human impacts;
(vi) technologies to extract, refine, separate, smelt, or
produce minerals, including rare earth elements;
(vii) reducing dependence on foreign energy and mineral
supplies through increased domestic critical mineral
production;
(viii) enhancing the competitiveness of United States
energy and mineral technology exports;
(ix) the extraction or processing of coinciding
mineralization, including rare earth elements, within coal,
coal processing byproduct, overburden, or coal residue;
(x) enhancing technologies and practices relating to
mitigation of acid mine drainage,
[[Page S5116]]
reforestation, and revegetation in the reclamation of land
and water resources adversely affected by mining;
(xi) enhancing exploration and characterization of new or
novel deposits, including rare earth elements and critical
minerals within phosphate rocks, uranium-bearing deposits,
and other nontraditional sources;
(xii) meeting challenges of extreme mining conditions, such
as deeper deposits or offshore or cold region mining; and
(xiii) mineral economics, including analysis of supply
chains, future mineral needs, and unconventional mining
resources.
(d) Mining Professional Development Advisory Board.--
(1) In general.--There is established an advisory board, to
be known as the ``Mining Professional Development Advisory
Board''.
(2) Composition.--The Board shall be composed of 6 members,
to be appointed by the Secretary not later than 180 days
after the date of enactment of this Act, of whom--
(A) 3 shall be individuals who are actively working in the
mining profession and for the mining industry; and
(B) 3 shall have experience in academia implementing and
operating professional skills training and education programs
in the mining sector.
(3) Duties.--The Board shall--
(A) evaluate grant applications received under subsection
(c) and make recommendations to the Secretary for selection
of grant recipients under that subsection;
(B) propose the amount of the grant for each applicant
recommended to be selected under subparagraph (A); and
(C) perform oversight to ensure that grant funds awarded
under subsection (c) are used for the purposes described in
paragraph (4) of that subsection.
(4) Term.--A member of the Board shall serve for a term of
4 years.
(5) Vacancies.--A vacancy on the Board--
(A) shall not affect the powers of the Board; and
(B) shall be filled in the same manner as the original
appointment was made by not later than 180 days after the
date on which the vacancy occurs.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2024 through 2031.
SEC. 1098. REPEAL OF THE MINING AND MINERAL RESOURCES
RESEARCH INSTITUTE ACT OF 1984.
The Mining and Mineral Resources Research Institute Act of
1984 (30 U.S.C. 1221 et seq.) is repealed.
______
SA 2883. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 4638, to authorize appropriations
for fiscal year 2025 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1266. REPORT ON VETTING OF STUDENTS FROM NATIONAL
DEFENSE UNIVERSITIES AND OTHER ACADEMIC
INSTITUTIONS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Homeland Security, shall
submit to the appropriate committees of Congress a report
that includes--
(1) an evaluation of the screening process for nationals of
the People's Republic of China applying for visas who attend
or have attended--
(A) a university administered by the Ministry of Industry
and Information Technology of the People's Republic of China;
or
(B) an academic institution of the People's Republic of
China identified on the list required under section
1286(c)(9)(A) of the John S. McCain National Defense
Authorization Act of 2019 (Public Law 115-232; 10 U.S.C. 4001
note);
(2) an assessment of any vulnerabilities in the screening
process, and recommendations for legal, regulatory, or other
changes or steps to address such vulnerabilities; and
(3) to the extent possible, for the 5-year period ending on
such date of enactment, the number of F visas or J visas
approved and denied by the Department of State for nationals
of the People's Republic of China in the fields of study
listed in the Department of Homeland Security STEM Designated
Degree Program List referred to in the notice of the
Department of Homeland Security entitled ``Update to the
Department of Homeland Security STEM Designated Degree
Program List'' (88 Fed. Reg. 132 (July 12, 2023)), including
the number of such nationals who applied for such visas to
pursue an advanced degree or repeat a degree in such fields.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Foreign Relations and the Committee on
Homeland Security and Governmental Affairs; and
(2) the Committee on Foreign Affairs and the Committee on
Homeland Security of the House of Representatives.
______
SA 2884. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VII, add the following:
SEC. 750. REVIEW ON USE OF MONOCLONAL ANTIBODIES FOR THE
PREVENTION, TREATMENT, OR MITIGATION OF
SYMPTOMS RELATED TO MILD COGNITIVE IMPAIRMENT
OR ALZHEIMER'S DISEASE.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) There are multiple treatments for Alzheimer's disease
that are approved by the Food and Drug Administration and are
shown to reduce the rate of disease progression and to slow
cognitive and functional decline.
(B) Alzheimer's disease is a progressive disease affecting
almost 7,000,000 people in the United States, and approved
treatment options for such disease are most effective when
administered early in the disease course.
(C) Following traditional approval by the Food and Drug
Administration, the Centers for Medicare & Medicaid Services
announced broader coverage of monoclonal antibodies directed
against amyloid for the treatment of Alzheimer's disease and
the Department of Veterans Affairs has also established a
criteria for use of such treatments.
(D) The TRICARE program has a role in facilitating timely
and equitable beneficiary access to novel therapeutics,
including monoclonal antibodies approved by the Food and Drug
Administration for the treatment of Alzheimer's disease.
(2) Sense of congress.--It is the sense of Congress that
Congress encourages continued collaboration between the
Department of Defense, the Centers for Medicare & Medicaid
Services, and other Federal agencies to reduce coverage gaps
and ensure that all people in the United States, including
members of the Armed Forces and their dependents, with
Alzheimer's disease and related dementias have access to
effective treatments.
(b) Review and Report.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall review the policy manual for the TRICARE program
relating to the exclusion of the use of monoclonal antibodies
for the prevention, treatment, or mitigation of symptoms
related to mild cognitive impairment or Alzheimer's disease,
and submit to the Committees on Armed Services of the Senate
and the House of Representatives a report that--
(1) outlines the review process of the Department of
Defense for including or excluding the use of monoclonal
antibodies;
(2) assesses whether the policy of the Department aligns
with current science;
(3) indicates whether the Secretary has or is currently
restricting access by beneficiaries under the TRICARE program
to therapies for the treatment of Alzheimer's disease that
are approved by the Food and Drug Administration; and
(4) indicates whether there are any disparities in
treatment for Alzheimer's disease under the TRICARE program
in different care delivery settings.
(c) TRICARE Program Defined.--In this section, the term
``TRICARE program'' has the meaning given that term in
section 1072 of title 10, United States Code.
______
SA 2885. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, 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. 710. MODIFICATION OF POLICY ON USE OF MONOCLONAL
ANTIBODIES FOR THE PREVENTION, TREATMENT, OR
MITIGATION OF SYMPTOMS RELATED TO MILD
COGNITIVE IMPAIRMENT OR ALZHEIMER'S DISEASE.
The Secretary of Defense shall modify the policy of the
Department of Defense to permit the use of monoclonal
antibodies for the prevention, treatment, or mitigation of
symptoms related to mild cognitive impairment or Alzheimer's
disease under the TRICARE program (as defined in section 1072
of title 10, United States Code).
______
SA 2886. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
[[Page S5117]]
SEC. 1095. ROYALTY TRANSPARENCY ACT.
(a) Short Title.--This section may be cited as the
``Royalty Transparency Act''.
(b) Financial Disclosure Reports of Executive Branch
Employees.--
(1) Individuals required to file.--
(A) In general.--Section 13103 of title 5, United States
Code, is amended--
(i) in subsection (f)--
(I) in paragraph (11), by striking ``; and'' and inserting
a semicolon;
(II) in paragraph (12), by striking the period and
inserting ``; and''; and
(III) by adding at the end the following:
``(13) any member of--
``(A) the National Science Advisory Board for Biosecurity;
``(B) the Advisory Committee on Immunization Practices;
``(C) the Advisory Commission on Childhood Vaccines;
``(D) the National Vaccine Advisory Committee;
``(E) the Vaccines and Related Biological Products Advisory
Committee;
``(F) the Defense Science Board;
``(G) the Board of Scientific Advisors of the National
Cancer Institute;
``(H) the Homeland Security Science and Technology Advisory
Committee;
``(I) the Medical Review Board Advisory Committee;
``(J) the President's Council of Advisors on Science and
Technology; or
``(K) any other advisory committee, as defined in section
1001, including a successor to a committee described in this
paragraph, that the Government Accountability Office
determines, in accordance with subsection (j)--
``(i) makes recommendations relating to public health to an
agency or the President; and
``(ii) has had any recommendation fully or partially
implemented during the 10 years preceding the
determination.''; and
(ii) by adding at the end the following:
``(j) Determination Regarding Advisory Committees.--Not
later than 180 days after the date of enactment of the
Royalty Transparency Act, and annually thereafter, the
Government Accountability Office shall publish a list of each
advisory committee that the Government Accountability Office
determines--
``(1) makes recommendations relating to public health to an
agency or the President; and
``(2) has had any recommendation fully or partially
implemented during the 10 years preceding the
determination.''.
(B) Sunset.--Effective on the date that is 5 years after
the date of enactment of this section, section 13103 of title
5, United States Code, as amended by this section, is
amended--
(i) in subsection (f)(13), by striking subparagraph (K) and
inserting the following:
``(K) a successor to a committee described in subparagraphs
(A) through (J) of this paragraph.''; and
(ii) by striking subsection (j).
(2) Notification of waiver.--
(A) Title 5.--Section 13103(i) of title 5, United States
Code, is amended--
(i) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and adjusting
the margins accordingly;
(ii) in the matter preceding subparagraph (A), as so
redesignated, by striking ``the supervising ethics office
determines'' and inserting ``the supervising ethics office--
``(1) determines'';
(iii) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(2) provides notification of such waiver to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Accountability of the
House of Representatives.''.
(B) Title 18.--Section 208 of title 18, United States Code,
is amended by adding at the end the following:
``(e) Any exemption--
``(1) granted under paragraph (1) or (3) of subsection (b)
shall be immediately reported to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives, including a detailed justification for
granting the waiver; or
``(2) granted under subpart (C) of part 2640 of title 5 of
the Code of Federal Regulations, or any successor regulation,
shall be immediately reported to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives, including a detailed justification for
granting the waiver.''.
(3) Contents of reports.--Section 13104(a)(1) of title 5,
United States Code, is amended--
(A) in subparagraph (A), by inserting ``, subject to
subparagraph (C)'' after ``employment by the United States
Government''; and
(B) by inserting after subparagraph (B) the following:
``(C) Royalties received by government employees and
committee filers.--Notwithstanding section 12(c) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)) and section 209 of title 35, if the reporting
individual is an officer or employee in the executive branch
(including a special Government employee, as defined in
section 202 of title 18), or an individual described in
section 13103(f)(13), the original source and amount or value
of any royalties received by the reporting individual, the
spouse of the reporting individual, or a dependent child of
the reporting individual during the reporting period
described in subsection (d) or (e) of section 13103, as
applicable, that were received as a result of an invention
developed by the reporting individual in the course of
employment of the reporting individual with the United States
Government, including any royalty interest payment made under
the Federal Technology Transfer Act of 1986 (Public Law 99-
502; 100 Stat. 1785), an amendment made by such Act, or any
other applicable authority.''.
(4) Review of reports.--Section 13107(b) of title 5, United
States Code, is amended--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``and shall, in the
case of an agency or office and notwithstanding section 12 of
the Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a)
and section 209 of title 35, publish such report on the
internet website of the agency or office, as the case may
be'' after ``to any person requesting such inspection or
copy''; and
(ii) in the second sentence--
(I) by inserting ``, notwithstanding section 12 of the
Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a) and
section 209 of title 35,'' after ``such report shall''; and
(II) by inserting ``and, in the case of an agency or
office, published on the internet website of the agency or
office, as the case may be,'' after ``made available for
public inspection'';
(B) by striking paragraph (2) and the matter following
paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) by adding at the end the following:
``(3) Procedure for releasing reports to members of
congress.--Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under subsection (b), which
shall be unredacted, except with respect to social security
numbers.''.
(5) Confidential reports and other additional
requirements.--Section 13109 of title 5, United States Code,
is amended--
(A) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(B) by inserting after subsection (a) the following:
``(b) Royalties Received by Confidential Filers.--
Notwithstanding section 12(c) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)) and
section 209 of title 35, the information required to be
reported under this section shall include the original source
and amount or value of any royalties received by the
reporting individual, or the spouse or any dependent child of
the reporting individual, that were received as a result of
an invention, including any royalty interest payment made
under the Federal Technology Transfer Act of 1986 (Public Law
99-502; 100 Stat. 1785), an amendment made by such Act, or
any other applicable authority.
``(c) Procedure for Releasing Reports to Members of
Congress.--Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under subsection (a), which
shall be unredacted, except with respect to social security
numbers, home addresses, phone numbers, email addresses, and
the personally identifiable information of dependents.
``(d) Reports.--Not later than 60 days after the date of
enactment of the Royalty Transparency Act, and each year
thereafter, the head of each agency shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives a report relating to
confidential financial disclosures of officers and employees
under the jurisdiction of such agency for the preceding
fiscal year, which shall include--
``(1) the number of individuals who filed such disclosures
with the agency under this section, including, if applicable,
the subcomponent of the agency that has jurisdiction over the
individual and the reason for filing confidentially;
``(2) the number of special Government employees, as
defined in section 202 of title 18, that are required to file
confidential financial disclosure reports with the agency
under this section; and
``(3) any additional information determined to be relevant
by the Director of the Office of Government Ethics after
consultation with the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives.
``(e) Public Disclosure of Royalties Received by Certain
Federal Employees.--
``(1) Definition.--For the purposes of this subsection, the
term `covered individual' means an individual who--
``(A) is required to file a confidential financial
disclosure report under this section; and
``(B) reports receiving a royalty interest under subsection
(b).
``(2) Requirement.--Not later than 180 days after the date
of enactment of the Royalty Transparency Act, and annually
thereafter,
[[Page S5118]]
each agency shall publish a report on the internet website of
the agency, listing--
``(A) the names of all covered individuals; and
``(B) the original source and amount or value of any
royalties reported under this section by each covered
individual.''.
(c) Preventing Organizational Conflicts of Interest in
Federal Acquisition.--
(1) In general.--The Federal Acquisition Regulatory Council
and the Office of Management and Budget shall, as
appropriate, enact or update any regulation necessary to
ensure that conflict of interest reviews for prospective
contractors or grantees include reviews of royalties paid to
prospective contractors or grantees in the preceding calendar
year.
(2) Ongoing reviews.--Not later than 1 year after the date
of enactment of this section, and each year thereafter, each
agency conducting any conflict of interest review described
in subsection (a) shall report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives on the number of identified cases of
potential conflict of interest related to royalty payments
and the steps taken to mitigate those cases.
(d) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section and the
amendments made by this section, and the application of the
provision or the amendment to any other person or
circumstance, shall not be affected.
______
SA 2887. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. ROYALTY TRANSPARENCY ACT.
(a) Short Title.--This section may be cited as the
``Royalty Transparency Act''.
(b) Financial Disclosure Reports of Executive Branch
Employees.--
(1) Individuals required to file.--
(A) In general.--Section 13103 of title 5, United States
Code, is amended--
(i) in subsection (f)--
(I) in paragraph (11), by striking ``; and'' and inserting
a semicolon;
(II) in paragraph (12), by striking the period and
inserting ``; and''; and
(III) by adding at the end the following:
``(13) any member of--
``(A) the National Science Advisory Board for Biosecurity;
``(B) the Advisory Committee on Immunization Practices;
``(C) the Advisory Commission on Childhood Vaccines;
``(D) the National Vaccine Advisory Committee;
``(E) the Vaccines and Related Biological Products Advisory
Committee;
``(F) the Defense Science Board;
``(G) the Board of Scientific Advisors of the National
Cancer Institute;
``(H) the Homeland Security Science and Technology Advisory
Committee;
``(I) the Medical Review Board Advisory Committee;
``(J) the President's Council of Advisors on Science and
Technology; or
``(K) any other advisory committee, as defined in section
1001, including a successor to a committee described in this
paragraph, that the Government Accountability Office
determines, in accordance with subsection (j)--
``(i) makes recommendations relating to public health to an
agency or the President; and
``(ii) has had any recommendation fully or partially
implemented during the 10 years preceding the
determination.''; and
(ii) by adding at the end the following:
``(j) Determination Regarding Advisory Committees.--Not
later than 180 days after the date of enactment of the
Royalty Transparency Act, and annually thereafter, the
Government Accountability Office shall publish a list of each
advisory committee that the Government Accountability Office
determines--
``(1) makes recommendations relating to public health to an
agency or the President; and
``(2) has had any recommendation fully or partially
implemented during the 10 years preceding the
determination.''.
(B) Sunset.--Effective on the date that is 5 years after
the date of enactment of this section, section 13103 of title
5, United States Code, as amended by this section, is
amended--
(i) in subsection (f)(13), by striking subparagraph (K) and
inserting the following:
``(K) a successor to a committee described in subparagraphs
(A) through (J) of this paragraph.''; and
(ii) by striking subsection (j).
(2) Notification of waiver.--
(A) Title 5.--Section 13103(i) of title 5, United States
Code, is amended--
(i) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and adjusting
the margins accordingly;
(ii) in the matter preceding subparagraph (A), as so
redesignated, by striking ``the supervising ethics office
determines'' and inserting ``the supervising ethics office--
``(1) determines'';
(iii) in subparagraph (D), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(2) provides notification of such waiver to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Accountability of the
House of Representatives.''.
(B) Title 18.--Section 208 of title 18, United States Code,
is amended by adding at the end the following:
``(e) Any exemption--
``(1) granted under paragraph (1) or (3) of subsection (b)
shall be immediately reported to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives, including a detailed justification for
granting the waiver; or
``(2) granted under subpart (C) of part 2640 of title 5 of
the Code of Federal Regulations, or any successor regulation,
shall be immediately reported to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives, including a detailed justification for
granting the waiver.''.
(3) Contents of reports.--Section 13104(a)(1) of title 5,
United States Code, is amended--
(A) in subparagraph (A), by inserting ``, subject to
subparagraph (C)'' after ``employment by the United States
Government''; and
(B) by inserting after subparagraph (B) the following:
``(C) Royalties received by government employees and
committee filers.--Notwithstanding section 12(c) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)) and section 209 of title 35, if the reporting
individual is an officer or employee in the executive branch
(including a special Government employee, as defined in
section 202 of title 18), or an individual described in
section 13103(f)(13), the original source and amount or value
of any royalties received by the reporting individual, the
spouse of the reporting individual, or a dependent child of
the reporting individual during the reporting period
described in subsection (d) or (e) of section 13103, as
applicable, that were received as a result of an invention
developed by the reporting individual in the course of
employment of the reporting individual with the United States
Government, including any royalty interest payment made under
the Federal Technology Transfer Act of 1986 (Public Law 99-
502; 100 Stat. 1785), an amendment made by such Act, or any
other applicable authority.''.
(4) Review of reports.--Section 13107(b) of title 5, United
States Code, is amended--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``and shall, in the
case of an agency or office and notwithstanding section 12 of
the Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a)
and section 209 of title 35, publish such report on the
internet website of the agency or office, as the case may
be'' after ``to any person requesting such inspection or
copy''; and
(ii) in the second sentence--
(I) by inserting ``, notwithstanding section 12 of the
Stevenson-Wydler Technology Act of 1980 (15 U.S.C. 3710a) and
section 209 of title 35,'' after ``such report shall''; and
(II) by inserting ``and, in the case of an agency or
office, published on the internet website of the agency or
office, as the case may be,'' after ``made available for
public inspection'';
(B) by striking paragraph (2) and the matter following
paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) by adding at the end the following:
``(3) Procedure for releasing reports to members of
congress.--Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under subsection (b), which
shall be unredacted, except with respect to social security
numbers.''.
(5) Confidential reports and other additional
requirements.--Section 13109 of title 5, United States Code,
is amended--
(A) by redesignating subsections (b) and (c) as subsections
(f) and (g), respectively; and
(B) by inserting after subsection (a) the following:
``(b) Royalties Received by Confidential Filers.--
Notwithstanding section 12(c) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)) and
section 209 of title 35, the information required to be
reported under this section shall include the original source
and amount or value of any royalties received by the
reporting individual, or the spouse or any dependent child of
the reporting individual, that were received as a result of
an invention, including any royalty interest payment made
under the Federal Technology Transfer Act of 1986 (Public Law
99-502; 100 Stat. 1785), an amendment made by such Act, or
any other applicable authority.
[[Page S5119]]
``(c) Procedure for Releasing Reports to Members of
Congress.--Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under subsection (a), which
shall be unredacted, except with respect to social security
numbers, home addresses, phone numbers, email addresses, and
the personally identifiable information of dependents.
``(d) Reports.--Not later than 60 days after the date of
enactment of the Royalty Transparency Act, and each year
thereafter, the head of each agency shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Accountability
of the House of Representatives a report relating to
confidential financial disclosures of officers and employees
under the jurisdiction of such agency for the preceding
fiscal year, which shall include--
``(1) the number of individuals who filed such disclosures
with the agency under this section, including, if applicable,
the subcomponent of the agency that has jurisdiction over the
individual and the reason for filing confidentially;
``(2) the number of special Government employees, as
defined in section 202 of title 18, that are required to file
confidential financial disclosure reports with the agency
under this section; and
``(3) any additional information determined to be relevant
by the Director of the Office of Government Ethics after
consultation with the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives.
``(e) Public Disclosure of Royalties Received by Certain
Federal Employees.--
``(1) Definition.--For the purposes of this subsection, the
term `covered individual' means an individual who--
``(A) is required to file a confidential financial
disclosure report under this section; and
``(B) reports receiving a royalty interest under subsection
(b).
``(2) Requirement.--Not later than 180 days after the date
of enactment of the Royalty Transparency Act, and annually
thereafter, each agency shall publish a report on the
internet website of the agency, listing--
``(A) the names of all covered individuals; and
``(B) the original source and amount or value of any
royalties reported under this section by each covered
individual.''.
(c) Preventing Organizational Conflicts of Interest in
Federal Acquisition.--
(1) In general.--The Federal Acquisition Regulatory Council
and the Office of Management and Budget shall, as
appropriate, enact or update any regulation necessary to
ensure that conflict of interest reviews for prospective
contractors or grantees include reviews of royalties paid to
prospective contractors or grantees in the preceding calendar
year.
(2) Ongoing reviews.--Not later than 1 year after the date
of enactment of this section, and each year thereafter, each
agency conducting any conflict of interest review described
in subsection (a) shall report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives on the number of identified cases of
potential conflict of interest related to royalty payments
and the steps taken to mitigate those cases.
(d) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section and the
amendments made by this section, and the application of the
provision or the amendment to any other person or
circumstance, shall not be affected.
______
SA 2888. Mr. KELLY (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 602, strike line 20 and all that follows
through page 603, line 2, and insert the following:
(2) Referral for investigation and prosecution.--The
Secretary of Defense, in consultation with the Attorney
General and the Director of National Intelligence, shall
establish a process for referring for investigation and
prosecution--
(A) a UAS offense with respect to which the Secretary of
Defense may take an action described in section 130i(b)(1) of
title 10, United States Code; or
(B) an offense under section 40B of title 18, United States
Code, as added by subsection (d) of this section.
On page 605, between lines 10 and 11, insert the following:
(d) Drone Offenses.--Part I of title 18, United States
Code, is amended--
(1) by inserting after section 40A the following:
``Sec. 40B. Operation of unauthorized aircraft to interfere
with a military installation or military facility
``(a) Definitions.--In this section--
``(1) the term `aircraft,' notwithstanding section
31(a)(1), means any device, craft, vehicle, or contrivance
that is--
``(A) invented, used, or designed to navigate, fly, or
travel in the air; or
``(B) used or intended to be used for flight in the air;
``(2) the term `Federal law' includes any form of Federal
law, including any Federal statute, rule, regulation, or
order;
``(3) the term `military facility' means a facility, as
defined in section 2801 of title 10, that is under the
jurisdiction of the Secretary of a military department (as
defined in section 101 of title 10);
``(4) the term `military installation' has the meaning
given the term in section 2801 of title 10; and
``(5) the term `unmanned aircraft' has the meaning given
the term in section 44801 of title 49.
``(b) Offenses.--
``(1) Interference with military installation or military
facility and related offenses.--Except as provided in
subsection (c), it shall be unlawful to operate an unmanned
aircraft and--
``(A) knowingly or recklessly cause the unmanned aircraft
to enter the airspace of, or knowingly or recklessly cause
the takeoff or landing of the unmanned aircraft in, a
military installation or military facility in violation of
Federal law, including all applicable rules, regulations, and
orders of the Federal Aviation Administration;
``(B) knowingly or recklessly use the unmanned aircraft to
interfere with activities at a military installation or
military facility located in the United States, including to
interfere with--
``(i) the duties of a member of the armed forces (as
defined in section 101(a) of title 10) or an official or
civilian employee of the Department of Defense working
therein;
``(ii) a military operation therein; or
``(iii) the use of military equipment located therein; or
``(C) knowingly or recklessly use the unmanned aircraft to
cause damage to a military installation or military facility
located in the United States, including damage to equipment
located therein, in an amount that exceeds $5,000.
``(2) Impairment of identification or lighting.--It shall
be unlawful to operate an unmanned aircraft in violation of
paragraph (1) and, in violation of Federal law, knowingly and
willfully--
``(A) remove, obliterate, tamper with, or alter the
identification number of the unmanned aircraft;
``(B) disable or fail to effect any required identification
transmission or signaling of the unmanned aircraft; or
``(C) disable or obscure any required anti-collision
lighting of the unmanned aircraft or fail to have or
illuminate such lighting as required.
``(c) Exceptions.--
``(1) Government activity.--Subsection (b) shall not apply
to the operation of an unmanned aircraft conducted by a unit
or agency of the United States Government or of a State,
Tribal, or local government (including any individual
conducting such operation pursuant to a contract or other
agreement entered into with the unit or agency) if the
operation is for the purpose of protecting the public safety
and welfare, including firefighting, law enforcement, or
emergency response.
``(2) Authorized property damage.--Subsection (b)(1)(C)
shall not apply to conduct consisting of injury to property,
if engaged in by or with the authorization or consent of the
Department of Defense.
``(d) Penalties.--Any person who violates subsection (b)--
``(1) in the case of a violation of paragraph (1)(A) of
that subsection, shall be fined under this title, imprisoned
for not more than 5 years, or both;
``(2) in the case of a violation of paragraph (1)(B) of
that subsection, shall be fined under this title, imprisoned
for not more than 5 years, or both;
``(3) in the case of a violation of paragraph (1)(C) of
that subsection, shall be fined under this title, imprisoned
for not more than 20 years, or both; and
``(4) in the case of a violation of paragraph (2) of that
subsection, shall be fined under this title, imprisoned for
not more than 5 years, or both.
``(e) Inchoate Offenses.--Any person who threatens,
attempts, or conspires to commit an offense under subsection
(b) shall be subject to the same penalty as for a completed
offense.'';
(2) in the chapter analysis for chapter 2, by inserting
after the item relating to section 40A the following:
``40B. Operation of unauthorized aircraft to interfere with a military
installation or military facility.'';
(3) in section 982(a)(6)(A), by inserting ``40B (relating
to operation of unauthorized aircraft to interfere with a
military installation or military facility),'' before
``555''; and
(4) in section 2516(1)(c), by inserting ``section 40B
(relating to operation of unauthorized aircraft to interfere
with a military installation or military facility),'' before
``section 43''.
______
SA 2889. Mrs. SHAHEEN submitted an amendment intended to be proposed
[[Page S5120]]
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. WAIVER OF UNITED STATES RESIDENCY REQUIREMENT FOR
CHILDREN OF RADIO FREE EUROPE/RADIO LIBERTY
EMPLOYEES.
Section 320(c) of the Immigration and Nationality Act (8
U.S.C. 1431(c)) is amended--
(1) in paragraph (1)(B), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the child is residing in the legal and physical
custody of a citizen parent who is residing abroad as an
employee of Radio Free Europe/Radio Liberty.''.
______
SA 2890. Mrs. SHAHEEN (for herself and Mr. Rounds) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title VI, insert the following:
SEC. 6__. RECEIPT OF PAY AND ALLOWANCES BY MEMBERS WHILE
DETAILED AS FULL-TIME STUDENTS.
Section 502(b) of title 37, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) A member who is absent for a period that begins on or
after August 1, 2023, and is longer than the leave authorized
by section 701 of title 10 because the member is detailed or
assigned by the Secretary concerned, or the Secretary's
designated representative, as a full-time student to a
civilian institution to pursue a program of education that is
substantially the same as programs of education offered to
civilians, is entitled to the basic allowance for housing
under section 403 of this title to the same extent to which
the member would be entitled to that allowance if the member
were not absent as described in this subsection.''; and
(3) in subsection (c), as redesignated by paragraph (1), is
amended by striking ``subsection (a)'' and inserting
``subsections (a) and (b)''.
______
SA 2891. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
Subtitle __--Belarus Democracy, Human Rights, and Sovereignty
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Belarus Democracy,
Human Rights, and Sovereignty Act of 2024''.
SEC. __02. FINDINGS.
Section 2 of the Belarus Democracy Act of 2004 (Public Law
108-347; 22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) Consistently, Alyaksandr Lukashenka, the illegitimate
leader of Belarus, engages in a pattern of clear and
persistent violations of human rights, democratic governance,
and fundamental freedoms.
``(2) Alyaksandr Lukashenka has overseen and participated
in multiple fundamentally flawed presidential and
parliamentary elections undermining the legitimacy of
executive, judicial, and legislative authority in Belarus.
``(3) On August 9, 2020, the Government of Belarus
conducted a presidential election that was fraudulent and did
not meet international standards. There were serious
irregularities with ballot counting and the reporting of
election results. The Government of Belarus also put in place
restrictive measures that impeded the work of local
independent observers and did not provide sufficient notice
to the OSCE to allow for the OSCE to monitor the elections,
as is customary.
``(4) Independent election monitors recognized Sviatlana
Tsikhanouskaya as the legitimate winner of the August 9, 2020
election for president in Belarus following her candidacy
after her husband, opposition leader Sergei Tikhanovsky, was
imprisoned for challenging Lukashenka for president in 2020.
``(5) Following threats to her safety, Sviatlana
Tsikhanouskaya was forced into exile in Lithuania after Mr.
Lukashenka claimed victory in the fraudulent 2020 elections,
and since that time, the Government of Lithuania has hosted
the Office of Sviatlana Tsikhanouskaya, the Belarusian
Democratic Leader, and the Government of Poland has hosted
the Belarusian United Transitional Cabinet.
``(6) Thousands of employees at Belarusian state-owned
enterprises went on strike across the country to protest Mr.
Lukashenka's illegitimate election and the subsequent
crackdowns on peaceful protestors to the contested results of
the election, including at some of Belarus's largest
factories such as the BelAZ truck plant, the Minsk Tractor
Works, and the Minsk Automobile Plant.
``(7) After the August 9, 2020, presidential election, the
Government of Belarus restricted the free flow of information
to silence the opposition and to conceal the regime's violent
crackdown on peaceful protestors, including by stripping the
accreditation of journalists from major foreign news outlets,
disrupting internet access, limiting access to social media
and other digital communication platforms, and detaining and
harassing countless journalists.
``(8) The Government of Belarus, led by Alyaksandr
Lukashenka, continues to subject thousands of pro-democracy
political activists and peaceful protesters to harassment,
beatings, enforced disappearance, and imprisonment,
particularly as a result of their attempts to peacefully
exercise their right to freedom of assembly and association,
including following violent crackdowns on peaceful protestors
and mass detentions of peaceful protesters resisting the
results of the contested 2020 election.
``(9) Women serve as the leading force in demonstrations
across the country, protesting police brutality and mass
detentions by wearing white, carrying flowers, forming
`solidarity chains', and unmasking undercover police trying
to arrest demonstrators.
``(10) The Government of Belarus, led by Alyaksandr
Lukashenka, suppresses independent media and journalists and
restricts access to the internet, including social media and
other digital communication platforms, in violation of the
right to freedom of speech and expression of those dissenting
from the dictatorship of Alyaksandr Lukashenka.
``(11) The Government of Belarus, led by Alyaksandr
Lukashenka, has criminalized access to independent media
sources and media channels, including foreign media, by
designating such sources and channels as extremist and
conducting arbitrary arrests and detainments of media
workers, activists, and users.
``(12) The Government of Belarus, led by Alyaksandr
Lukashenka, continues a systematic campaign of harassment,
repression, and closure of nongovernmental organizations,
including independent trade unions and entrepreneurs,
creating a climate of fear that inhibits the development of
civil society and social solidarity.
``(13) The Government of Belarus, led by Alyaksandr
Lukashenka, has pursued a policy undermining the country's
sovereignty and independence by making Belarus political,
economic, cultural, and societal interests subservient to
those of Russia.
``(14) Against the will of the majority of the Belarusian
people, Russian President Vladimir Putin has propped up the
Alyaksandr Lukashenka regime, including by offering security
assistance, providing significant financial support, and
sending Russian propagandists to help disseminate pro-regime
and pro-Kremlin propaganda on Belarus state television.
``(15) Efforts by the Government of the Russian Federation
to subsume Belarus into its sphere of influence and consider
Belarus as part of the Russian empire or as a `Union State'
include security, political, economic, and ideological
integration between Russia and Belarus, which intensified in
2020 after President Putin supported Mr. Lukashenka's
illegitimate election and resulted in the Government of
Belarus permitting Russian troops to use Belarusian territory
to conduct military exercises ahead of the February 2022
further invasion of Ukraine and staging part of the February
2022 further invasion of Ukraine from Belarusian territory,
including by providing Russia with the use of airbases which
allowed Russia to shoot artillery and missiles from
Belarusian territory into Ukraine.
``(16) The United States Government and United States
partners and allies have imposed sanctions on Alyaksandr
Lukashenka and the Government of Belarus in response to anti-
democratic activities and human rights abuses for more than
20 years, including in response to the Government of Belarus'
support for Russia's further invasion of Ukraine, which
include property blocking and visa restrictions and export
restrictions.
``(17) The Kremlin has provided the Government of Belarus
with loans amounting to more than $1,500,000,000 dollars to
prop up Lukashenka's illegitimate regime and Russia continues
to provide Belarus with access to an economic market to avoid
the impacts of United States and allied countries' sanctions
on key Belarusian industries.
``(18) The Government of Belarus is relied upon by the
Government of the Russian Federation to increase production
of ammunition and other military equipment to facilitate the
Kremlin's crimes of aggression, war
[[Page S5121]]
crimes, and crimes against humanity during the illegal war in
Ukraine.
``(19) Since before the 2022 further invasion of Ukraine,
the Government of Belarus has hosted Russian troops on
Belarusian territory and enabled the violation of Ukraine's
sovereignty by Russia in February 2022 and since the further
invasion of Ukraine, the Government of Belarus has also
hosted Russian mercenary fighters and reportedly hosted
Russian nuclear warheads.
``(20) The international community has seen credible
evidence that children forcibly removed from Ukraine by
Russia during the further invasion of Ukraine have transited
through the territory of Belarus or been illegally removed to
the territory of Belarus with support from Alyaksandr
Lukashenka and been subjected to Russian re-education
programs.
``(21) The Government of Belarus' continued support of
Russia, especially in the unprovoked further invasion of
Ukraine, and continued oppression of the Belarusian people
may amount to crimes against humanity, war crimes, and the
crime of aggression.
``(22) The Government of Belarus also threatens the safety,
security, and sovereignty of European countries, including
NATO allies Latvia, Lithuania, and Poland, by facilitating
illegal migration through the territory of Belarus, resulting
in efforts by the United States to support a Customs and
Border Patrol Technical Assessment in Latvia to ensure
European allies and partners can secure their borders.
``(23) The Government of Lithuania and other United States
partners and allies host independent Belarusian free media,
including Radio Free Europe/Radio Liberty's Minsk bureau, and
facilitate information and content in the Belarusian
language, which the Lukashenka regime has dismissed and de-
facto outlawed as an inferior language to Russian for the
purpose of facilitating Russification campaigns in Belarus.
``(24) The governments of Lithuania, Latvia, Poland, and
other European partners host members of the Belarusian pro-
democracy movement, including political leaders, free and
independent media, and exiled civil society groups and
provide essential support to these individuals and groups
that make up the Belarus democracy movement.
``(25) The Government of Belarus has further attempted to
suppress freedom of movement of Belarusian people and
Belarusian diaspora and retaliate against those Belarusians
living overseas and who have fled the Lukashenka regime by
refusing to provide overseas passport services.
``(26) The International Civil Aviation Organization found
that the Government of Belarus committed an act of unlawful
interference when it deliberately diverted Ryanair Flight
9478 in order to arrest two Belarusian citizens, including an
opposition activist and journalist.
``(27) The Belarus democracy movement has legitimate
aspirations for a transatlantic future for the people of
Belarus and continue to seek justice for those imprisoned and
oppressed by the Lukashenka regime and resist Russian
encroachment on Belarusian territory, culture, and
identity.''.
SEC. __03. STATEMENT OF POLICY.
Section 3 of the Belarus Democracy Act of 2004 (Public Law
108-347; 22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to condemn the conduct of the August 9, 2020,
presidential election and crackdown on opposition candidates,
members of the Coordination Council, peaceful protestors,
employees from state-owned enterprises participating in
strikes, independent election observers, and independent
journalists and bloggers;
``(2) to recognize Sviatlana Tsikhanouskaya as the
Democratic Leader of Belarus;
``(3) to refuse to recognize Alyaksandr Lukashenka as the
legitimately elected leader of Belarus;
``(4) to seek to engage with the United Transitional
Cabinet as the executive body that represents the aspirations
and beliefs of the Belarusian people and as a legitimate
institution to participate in a dialogue on a peaceful
transition of power and support its stated objectives of--
``(A) defending the independence and sovereignty of the
Republic of Belarus;
``(B) representing the national interests of Belarus;
``(C) carrying out the de-facto de-occupation of Belarus;
``(D) restoring constitutional legality and the rule of
law;
``(E) developing and implementing measures to thwart
illegal retention of power;
``(F) ensuring the transition of power from dictatorship to
democracy;
``(G) creating conditions for free and fair elections in
Belarus; and
``(H) developing and implementing solutions needed to
secure democratic changes in Belarus;
``(5) to continue to call for the immediate release without
preconditions of all political prisoners in Belarus;
``(6) to continue to support the aspirations of the people
of Belarus for democracy, human rights, and the rule of law;
``(7) to continue to support actively the aspirations of
the people of the Republic of Belarus to preserve the
independence and sovereignty of their country and to pursue a
Euro-Atlantic future;
``(8) not to recognize any incorporation of Belarus into a
`Union State' with Russia, as this so-called `Union State'
would be both an attempt to absorb Belarus and a step to
reconstituting the totalitarian Soviet Union;
``(9) to condemn efforts by the Government of the Russian
Federation to undermine the sovereignty and independence of
Belarus, and to continue to implement policies, including
sanctions, that serve to punish Russia for its anti-
democratic and illegal actions involving Belarus;
``(10) to continue to reject the fraudulent victory of Mr.
Lukashenka on August 9, 2020, and to support calls for new
presidential and parliamentary elections, conducted in a
manner that is free and fair according to OSCE standards and
under the supervision of OSCE observers and independent
domestic observers;
``(11) to continue to call for the fulfillment by the
Government of Belarus of Belarus's freely undertaken
obligations as an OSCE participating state and as a signatory
of the Charter of the United Nations;
``(12) to support an OSCE role in mediating a dialogue
within Belarus between the government and genuine
representatives of Belarusian society;
``(13) to support international efforts to launch
investigations into the Government of Belarus and individuals
associated with the Government of Belarus for war crimes and
crimes against humanity against the people of Belarus and the
people of Ukraine for their actions during the further
invasion of Ukraine;
``(14) to support a United States diplomatic presence to
engage with the people of Belarus, including the regular
appointment of a United States Special Envoy to Belarus until
such a time that the credentials of a United States
Ambassador to Belarus are recognized by the Government of
Belarus;
``(15) to continue to work closely with the European Union,
the United Kingdom, Canada, and other countries and
international organizations, to promote the principles of
democracy, the rule of law, and human rights in Belarus;
``(16) to remain open to reevaluating United States policy
toward Belarus as warranted by demonstrable progress made by
the Government of Belarus consistent with the aims of this
Act, as stated in this section;
``(17) to express concern in the event that social media or
technology companies move to block independent media content
or participate in media blackouts that prevent free and
independent media services from transmitting information into
Belarus;
``(18) to continue to support Belarusian language and
cultural programs, including by supporting Belarusian
language independent media programs, and Belarusian civil
society, including efforts to restore democracy and the
regular function of democratic institutions in Belarus;
``(19) to work with the Belarusian democratic movement and
European allies and partners to ensure Belarusian nationals
living outside of Belarus have access to national
identification documentation following the Lukashenka
regime's decision to stop supplying overseas passport
services to Belarusians;
``(20) to provide technical support to the United
Transitional Cabinet of Belarus and European allies and
partners to develop and implement national identification
documents (New Belarusian Passport) that will enable the more
than 2,000,000 Belarusians living abroad to access freedom of
movement and essential services while maintaining Belarusian
national identity and unity;
``(21) to include Belarusian nationals living in Ukraine as
of February 24, 2022, in the Uniting For Ukraine program to
provide a pathway for Belarusian nations and their immediate
family members outside of the United States to come to the
United States and stay for a period of not more than two
years of parole and subject those Belarusian nationals to the
same qualifications for entry into the program as Ukrainian
nationals;
``(22) to engage in the United States-Belarus democratic
movement strategic dialogue when necessary to reaffirm
commitments to promoting freedom and democracy in Belarus and
promote efforts to restore free and open presidential and
parliamentary elections in Belarus that are conducted
consistent with OSCE standards and under the supervision of
OSCE observers and independent domestic observers;
``(23) to refuse to recognize the legitimacy of the
Lukashenka regime to enter into any international agreements
or treaties;
``(24) to advocate for the inclusion of the Belarus
democratic movement to participate in international
institutions and be granted Permanent Observer Status by the
United Nations General Assembly;
``(25) to establish a Belarus service at Voice of America
through the United States Agency for Global Media that
broadcasts in the Belarusian language;
``(26) to continue to support the Governments of Lithuania,
Latvia, and Poland in providing critical support to the
Belarusian government, civil society, and media in exile;
``(27) to transfer when applicable existing bilateral
funding for Belarus toward sustaining pro-democracy and civil
society initiatives outside the territory of Belarus;
``(28) to continue to ban ticket sales for air travel to
Belarus until such a time that civilians do not face random
arrests by the
[[Page S5122]]
Government of Belarus, a ban that was enacted following the
unlawful actions of the Government of Belarus to deliberately
divert Ryanair Flight 9478; and
``(29) to continue to work with international allies and
partners to coordinate support for the people of Belarus and
their legitimate aspirations for a free, open, and democratic
society and the regular conduct of free and fair
elections.''.
SEC. __04. STRATEGIC DIALOGUE WITH THE BELARUS DEMOCRACY
MOVEMENT.
(a) Strategic Dialogue.--The President shall direct the
Secretary of State to host a strategic dialogue with the
Belarus Democracy Movement not fewer than once every 12
months following the date of the enactment of this Act.
(b) Central Objective.--The central objective of the
strategic dialogue required under subsection (a) is to
coordinate and promote efforts--
(1) to consider the efforts needed to return to democratic
rule in Belarus, including the efforts needed to support free
and fair elections in Belarus;
(2) to support the day-to-day functions of the Belarus
Democracy Movement, which represents the legitimate
aspirations of the Belarusian people, and ensure that
Belarusians living outside the territory of Belarus have
adequate access to essential services; and
(3) to respond to the political, economic, and security
impacts of events in Belarus and Russia on neighboring
countries and the wider region.
(c) Termination.--The strategic dialogue with the Belarus
Democracy Movement and the authorities provided by this
section shall terminate on the date that is five years after
the date of the enactment of this Act.
SEC. __05. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY,
AND SOVEREIGNTY IN BELARUS.
Section 4 of the Belarus Democracy Act of 2004 (Public Law
108-347; 22 U.S.C. 5811 note) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``, including by
establishing a Belarus service at Voice of America to include
broadcasts in the Belarusian language'' after ``within
Belarus'';
(B) in paragraph (2), by inserting ``in the Belarusian
language'' after ``and Internet media'';
(C) by striking paragraphs (11) and (14);
(D) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(E) by inserting after paragraph (2) the following new
paragraph:
``(3) countering internet and media censorship and
repressive surveillance technology that seeks to limit free
association, control access to information, and prevent
citizens from exercising their rights to free speech;'';
(F) in paragraph (11), as redesignated by subparagraph (C),
by inserting ``and the development of Belarusian cultural
programs'' after ``supporting the development of Belarusian
language education'';
(G) in paragraph (12), by inserting ``, including refugees
from Belarus in Ukraine and refugees from Ukraine fleeing
Russia's unprovoked war following the February 2022 further
invasion of Ukraine'' after ``supporting political refugees
in neighboring European countries fleeing the crackdown in
Belarus'';
(H) in paragraph (13)--
(i) by inserting ``and war crimes'' after ``human rights
abuses''; and
(ii) by striking the semicolon and inserting ``; and''; and
(I) by redesignating paragraph (15) as paragraph (14);
(2) in subsection (f), by striking ``2020'' and inserting
``2024''; and
(3) by striking subsection (g).
SEC. __06. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND
ACCESS TO INFORMATION IN BELARUS.
Section 5 of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2004 (Public Law 108-347; 22 U.S.C. 5811
note) is amended--
(1) in subsection (a)(1), by inserting ``and Voice of
America'' after ``Radio Free Europe/Radio Liberty''; and
(2) in subsection (b)(1)--
(A) by striking ``2020'' and inserting ``2024'';
(B) in subparagraph (A) by inserting ``, including through
social media platforms,'' after ``communications in
Belarus''; and
(C) in subparagraph (C) by inserting ``, including by
ensuring private companies do not comply with media blackouts
directed by or favored by the Government of Belarus'' after
``access and block content online''.
SEC. __07. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2004 (Public Law 108-347; 22 U.S.C. 5811
note) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) The release of Ukrainian nationals illegally held in
Belarus, including those illegally transferred to Belarus
after the 2022 Russian further invasion of Ukraine.'';
(C) in paragraph (3), as redesignated by subparagraph (A),
by inserting ``, and people who protested the support of the
Government of Belarus for the further Russian invasion of
Ukraine and cooperation of the Government of Belarus with
Russia'' after ``August 9, 2020''; and
(D) in paragraph (5), as so redesignated, by inserting ``,
or for providing support in connection with the illegal
further Russian invasion of Ukraine'' after ``August 9,
2020''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and the
February, 24, 2022, Further Invasion of Ukraine'' after
``Election'';
(B) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively;
(C) by inserting after paragraph (4) the following new
paragraph:
``(5) assisted the Government of Belarus in--
``(A) supporting security cooperation with the Government
of Russia in advance of the February 24, 2022, further
invasion of Ukraine;
``(B) supporting the presence of Russian mercenaries in the
territory of Belarus; or
``(C) supporting ongoing security cooperation with the
Government of Russia, including the Government of Belarus'
decision to host Russian tactical nuclear weapons;''; and
(D) in paragraph (6), as redesignated by subparagraph (B),
by inserting ``, or in connection with the 2022 Russian
further invasion of Ukraine'' after ``August 9, 2020''.
SEC. __08. MULTILATERAL COOPERATION.
Section 7 of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2020 (Public Law 108-347; 22 U.S.C. 5811
note) is amended--
(1) in paragraph (1); by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) to condemn the continued collaboration between the
Government of Belarus and the Government of Russia,
particularly as it relates to the further invasion of
Ukraine, and further the purposes of this Act, including, as
appropriate, to levy sanctions and additional measures
against the Government of Belarus for its complicity in war
crimes and crimes against humanity committed in the territory
of Ukraine; and
``(4) to provide technical assistance to the Belarus
democracy movement on the creation and international
recognition of national identity documentation following the
Lukashenka regime's decision to cease overseas passport
services for Belarusian nationals, with the objective of
maintaining Belarusian national identity and unity but
providing Belarusians living overseas with freedom of
movement and the ability to access essential services.''.
SEC. __09. PARTICIPATION OF BELARUS IN UNITING FOR UKRAINE.
The Belarus Democracy, Human Rights, and Sovereignty Act of
2004 (Public Law 108-347; 22 U.S.C. 5811 note) is amended--
(1) by redesignating sections 8 and 9 as sections 9 and 10,
respectively; and
(2) by inserting after section 7 the following new section:
``SEC. 8. PARTICIPATION OF BELARUS IN UNITING FOR UKRAINE.
``(a) Sense of Congress.--It is the sense of Congress
that--
``(1) there are a significant number of Belarusian
nationals residing in Ukraine and suffering from Russian
aggression during the further Russian invasion of Ukraine;
and
``(2) Belarusian nationals may experience threats to their
physical security due to political persecution or retribution
or human rights abuses if they return to Belarus.
``(b) Uniting for Ukraine Participation.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the Secretary of State and
the Secretary of Homeland Security shall provide a pathway
for Belarusian nationals living in Ukraine following the
February 24, 2022, further invasion of Ukraine to participate
in the Uniting for Ukraine program.
``(2) Exception.--The Secretary of State and the Secretary
of Homeland Security may delay implementation of the pathway
required under paragraph (1) if they determine that it is
counter to United States national security interests.''.
SEC. __10. REPORTS.
Section 9 of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2004 (Public Law 108-347; 22 U.S.C. 5811
note), as redesignated by section__07(1) of this Act, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2020'' and inserting
``2024''; and
(B) in paragraph (2)--
(i) in subparagraph (G), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
``(I) an assessment of how the Government of Russia is
working to achieve deeper security cooperation and
interdependence or integration with Belarus;
``(J) a description of the Government of Belarus actions to
support the 2022 further Russian invasion of Ukraine and
ongoing Russian aggression in Ukraine;
``(K) a description of how the Government of Belarus
supports, adopts, and deploys Russian disinformation
campaigns or Belarusian disinformation campaigns; and
``(L) an identification of Belarusian officials involved in
continued support to Russia
[[Page S5123]]
and the further invasion of Ukraine and an identification of
Russian officials involved in continued support to Belarus
and the further invasion of Ukraine.'';
(2) in subsection (b)(1)--
(A) by striking ``2020'' and inserting ``2024'';
(B) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(D) by adding at the end the following new subparagraphs:
``(C) an identification of efforts by the Government of
Belarus and the Government of Russia to circumvent sanctions,
including those imposed by the United States in response to
the further invasion of Ukraine;
``(D) an assessment of the shared assets and business
interests of Vladimir Putin and Alyaksandr Lukashenka and the
Government of Belarus and the Government of Russia; and
``(E) a determination on the possibility for Belarus to
host free and fair elections during the parliamentary
elections scheduled for 2024 and the presidential election
scheduled for 2025, including a proposal of how the United
States may support a return to democracy in the anticipated
elections in Belarus.''; and
(3) by adding at the end the following new subsection:
``(c) Report on Efforts to Enable Belarusians Living
Outside the Territory of Belarus to Travel Freely.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Belarus Democracy, Human Rights, and
Sovereignty Act of 2024, the Secretary of State, in
coordination with the Secretary of Homeland Security, shall
submit to the appropriate congressional committees a report
describing efforts to provide Belarusians living outside the
territory of Belarus with national identification documents.
``(2) Elements.--The report required under paragraph (1)
shall include the following elements:
``(A) An assessment of the European Union's efforts to
provide Belarusians living overseas with national
identification documents that maintain Belarusian nationality
but enable Belarusians living overseas to travel freely and
access essential services.
``(B) A description of efforts to provide technical
assistance to the Belarus democratic movement on the creation
of national identification documents that fulfill the needs
described in subparagraph (A).
``(3) Form.--The report required by this subsection shall
be transmitted in unclassified form but may contain a
classified annex.''.
SEC. __12. DEFINITIONS.
Section 10(1)(B) of the Belarus Democracy Act of 2004
(Public Law 108-347; 22 U.S.C. 5811 note), as redesignated by
section __09(1) of this Act, is amended by striking
``Committee on Banking, Housing, and Urban Affairs'' and
inserting ``the Committee on Homeland Security and
Governmental Affairs''.
______
SA 2892. Ms. WARREN (for herself, Mr. Blumenthal, Mr. Padilla, Ms.
Smith, and Mr. Merkley) submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 594. RESCISSION OF MEDALS OF HONOR AWARDED FOR ACTS AT
WOUNDED KNEE CREEK ON DECEMBER 29, 1890.
(a) Findings.--Congress finds as follows:
(1) The Medal of Honor is the highest military award of the
United States.
(2) Congress found that to earn the Medal of Honor ``the
deed of the person . . . must be so outstanding that it
clearly distinguishes his gallantry beyond the call of duty
from lesser forms of bravery''.
(3) The actions of Medal of Honor recipients inspire
bravery in those currently serving in the Armed Forces and
those who will come to serve in the future.
(4) Those listed on the Medal of Honor Roll have come to
exemplify the best traits of members of the Armed Forces, a
long and proud lineage of those who went beyond the call of
service to the United States of America.
(5) To date the Medal of Honor has been awarded only 3,522
times, including only 145 times for the Korean War, 126 times
in World War I, 23 times during the Global War on Terror, and
20 times for the massacre at Wounded Knee.
(6) The Medal of Honor is awarded in the name of Congress.
(7) As found in Senate Concurring Resolution 153 of the
101st Congress, on December 29, 1890, the 7th Cavalry of the
United States engaged a tribal community ``resulting in the
tragic death and injury of approximately 350-375 Indian men,
women, and children'' led by Lakota Chief Spotted Elk of the
Miniconjou band at ``Cankpe' Opi Wakpa'' or ``Wounded Knee
Creek''.
(8) This engagement became known as the ``Wounded Knee
Massacre'', and took place between unarmed Native Americans
and soldiers, heavily armed with standard issue army rifles
as well as four ``Hotchkiss guns'' with five 37 mm barrels
capable of firing 43 rounds per minute.
(9) Nearly two-thirds of the Native Americans killed during
the Massacre were unarmed women and children who were
participating in a ceremony to restore their traditional
homelands prior to the arrival of European settlers.
(10) Poor tactical emplacement of the soldiers meant that
most of the casualties suffered by the United States troops
were inflicted by friendly fire.
(11) On January 1, 1891, Major General Nelson A. Miles,
Commander of the Division of Missouri, telegraphed Major
General John M. Schofield, Commander-in-Chief of the Army
notifying him that ``[I]t is stated that the disposition of
four hundred soldiers and four pieces of artillery was
fatally defective and large number of soldiers were killed
and wounded by the fire from their own ranks and a very large
number of women and children were killed in addition to the
Indian men''.
(12) The United States awarded 20 Medals of Honor to
soldiers of the U.S. 7th Cavalry following their
participation in the Wounded Knee Massacre.
(13) In 2001, the Cheyenne River Sioux Tribe, a member
Tribe of the Great Sioux Nation, upon information provided by
Lakota elders and by veterans, passed Tribal Council
Resolution No. 132-01, requesting that the Federal Government
revoke the Medals of Honor from the soldiers of the United
States Army, 7th Cavalry issued following the massacre of
unarmed men, women, children, and elderly of the Great Sioux
Nation on December 29, 1890, on Tribal Lands near Wounded
Knee Creek.
(14) The National Congress of American Indians requested in
a 2007 Resolution that the Congress ``renounce the issuance
of said medals, and/or to proclaim that the medals are null
and void, given the atrocities committed upon unarmed men,
women, children and elderly of the Great Sioux Nation''.
(15) General Miles contemporaneously stated that a
``[w]holesale massacre occurred and I have never heard of a
more brutal, cold-blooded massacre than that at Wounded
Knee''.
(16) Allowing any Medal of Honor, the United States highest
and most prestigious military decoration, to recognize a
member of the Armed Forces for distinguished service for
participating in the massacre of hundreds of unarmed Native
Americans is a disservice to the integrity of the United
States and its citizens, and impinges on the integrity of the
award and those who have earned the Medal since.
(b) In General.--Each Medal of Honor awarded for acts at
Wounded Knee Creek, Lakota Pine Ridge Indian Reservation,
South Dakota, on December 29, 1890, is rescinded.
(c) Medal of Honor Roll.--The Secretary concerned shall
remove the name of each individual awarded a Medal of Honor
for acts described in subsection (a) from the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll maintained under
section 1134a of title 10, United States Code.
(d) Return of Medal Not Required.--No person may be
required to return to the Federal Government a Medal of Honor
rescinded under subsection (b).
(e) No Denial of Benefits.--This Act shall not be construed
to deny any individual any benefit from the Federal
Government.
______
SA 2893. Ms. WARREN (for herself, Ms. Stabenow, Mr. Markey, Mr.
Padilla, Mr. Blumenthal, Mr. Lujan, Ms. Duckworth, and Mr. Van Hollen)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PRESIDENTIAL CONFLICTS OF INTEREST ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Presidential Conflicts of Interest Act of 2024''.
(b) Divestiture of Personal Financial Interests of the
President and Vice President That Pose a Potential Conflict
of Interest.--
(1) Definitions.--
(A) In general.--In this subsection--
(i) the term ``conflict-free holding'' means an interest in
a widely held investment fund (whether such fund is a mutual
fund, regulated investment company, pension or deferred
compensation plan, or other investment fund) that--
(I) is diversified (as defined in section 2640.102 of title
5, Code of Federal Regulations, as in effect on the date of
enactment of this Act); and
(II) is--
(aa) publicly traded;
(bb) registered as a management company under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.); or
(cc) a unit investment trust (as defined in section 4 of
the Investment Company Act of 1940 15 U.S.C. 80a-4) that is a
regulated investment company under section 851 of the
Internal Revenue Code of 1986;
[[Page S5124]]
(ii) the term ``financial interest posing a potential
conflict of interest'' means a financial interest of the
President, the Vice President, the spouse of the President or
Vice President, or a minor child of the President or Vice
President, as applicable, that--
(I) would constitute a financial interest described in
subsection (a) of section 208 of title 18, United States
Code--
(aa) if--
(AA) for purposes of such section 208, the terms
``officer'' and ``employee'' included the President and the
Vice President; and
(BB) the President or Vice President, as applicable,
participated in a particular matter affecting such financial
interest; and
(bb) determined without regard to any exception under
subsection (b)(1) of such section 208; or
(II) constitutes a present, emolument, office, or title, of
any kind whatever, from any king, prince, or foreign state
(including from an entity owned or controlled by a foreign
government), within the meaning of article I, section 9 of
the Constitution of the United States;
(iii) the term ``qualified blind trust'' has the meaning
given that term in section 13104(f)(3) of title 5, United
States Code; and
(iv) the term ``tax return''--
(I) means any Federal income tax return and any amendment
or supplement thereto, including supporting schedules,
attachments, or lists which are supplemental to, or part of,
the return for the taxable year; and
(II) includes any information return that reports
information that does or may affect the liability for tax for
the taxable year.
(B) Applicability of ethics in government requirements.--
For purposes of the definition of ``qualified blind trust''
in this subsection, the term ``supervising ethics officer''
in section 13104(f)(3) of title 5, United States Code, means
the Director of the Office of Government Ethics.
(2) Initial financial disclosure.--
(A) Submission of disclosure.--
(i) In general.--Not later than 30 days after assuming the
office of President or Vice President, respectively, the
President and Vice President shall submit to Congress and the
Director of the Office of Government Ethics a disclosure of
financial interests.
(ii) Application to sitting president and vice president.--
For any individual who is serving as the President or Vice
President on the date of enactment of this Act, the
disclosure of financial interests shall be submitted to
Congress and the Director of the Office of Government Ethics
not later than 30 days after the date of enactment of this
Act.
(B) Contents.--
(i) President.--The disclosure of financial interests
submitted under subparagraph (A) by the President shall--
(I) describe in detail each financial interest of the
President, the spouse of the President, or a minor child of
the President that is required to be disclosed under
regulations of the Office of Government Ethics in addition to
the financial interests required to be disclosed under
section 13104 of title 5, United States Code; and
(II) include the tax returns filed by or on behalf of the
President for--
(aa) the 3 most recent taxable years; and
(bb) each taxable year for which an audit of the return by
the Internal Revenue Service is pending on the date the
report is filed.
(ii) Vice president.--The disclosure of financial interests
submitted under subparagraph (A) by the Vice President
shall--
(I) describe in detail each financial interest of the Vice
President, the spouse of the Vice President, or a minor child
of the Vice President that is required to be disclosed under
regulations of the Office of Government Ethics in addition to
the financial interests required to be disclosed under
section 13104 of title 5, United States Code; and
(II) include the tax returns filed by or on behalf of the
Vice President for--
(aa) the 3 most recent taxable years; and
(bb) each taxable year for which an audit of the return by
the Internal Revenue Service is pending on the date the
report is filed.
(3) Divestiture of financial interests posing a potential
conflict of interest.--
(A) In general.--The President, the Vice President, the
spouse of the President or Vice President, and any minor
child of the President or Vice President shall divest of any
financial interest posing a potential conflict of interest
by--
(i) converting each such interest to cash or another
investment that meets the criteria established by the
Director of the Office of Government Ethics through
regulation as being an interest so remote or inconsequential
as not to pose a conflict; or
(ii) transferring such interest to a qualified blind trust.
(B) Trustee duties.--Within a reasonable period of time
after the date a financial interest is transferred to a
qualified blind trust under subparagraph (A)(ii), the trustee
of the qualified blind trust shall--
(i) sell the financial interest; and
(ii) use the proceeds of the sale of the financial interest
to purchase conflict-free holdings.
(C) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Director of the Office of
Government Ethics shall promulgate regulations to define the
criteria described in subparagraph (A)(ii).
(4) Review by office of government ethics.--
(A) In general.--The Director of the Office of Government
Ethics shall submit to Congress, the President, and the Vice
President an annual report regarding the financial interests
of the President, the Vice President, the spouse of the
President or Vice President, and any minor child of the
President or Vice President.
(B) Contents.--Each report submitted under subparagraph (A)
shall--
(i) indicate whether any financial interest of the
President, the Vice President, the spouse of the President or
Vice President, or a minor child of the President or Vice
President is a financial interest posing a potential conflict
of interest;
(ii) evaluate whether any previously held financial
interest of the President, the Vice President, the spouse of
the President or Vice President, or a minor child of the
President or Vice President that was a financial interest
posing a potential conflict of interest was divested in
accordance with paragraph (3); and
(iii) redact such information as the Director of the Office
of Government Ethics determines necessary for preventing
identity theft, such as social security numbers or taxpayer
identification numbers.
(C) Trustee responsibility.--If the President, the Vice
President, the spouse of the President or Vice President, or
any minor child of the President or Vice President transfers
1 or more interests to a qualified blind trust under
paragraph (3)(A)(ii), the trustee for the qualified blind
trust shall assist the Director in complying with
subparagraph (B)(ii) of this paragraph by notifying the
Director of the Office of Government Ethics when all initial
property of the qualified blind trust has been sold and
furnishing such other information as the Director may
require.
(5) Enforcement.--
(A) In general.--The Attorney General, the attorney general
of any State, or any person aggrieved by any violation
paragraph (3) may seek declaratory or injunctive relief in a
court of competent jurisdiction if--
(i) the Director of the Office of Government Ethics is
unable to issue a report indicating whether the President or
the Vice President is in substantial compliance with
paragraph (3); or
(ii) there is probable cause to believe that the President
or the Vice President has not complied with paragraph (3).
(B) Fair market value.--In granting injunctive relief to
the plaintiff, the court shall ensure that any divestment
procedure is reasonably calculated to ensure the fair market
return for any asset that is liquidated.
(c) Recusal of Appointees.--Section 208 of title 18, United
States Code, is amended by adding at the end the following:
``(e)(1) Any officer or employee appointed by the President
shall recuse himself or herself from any particular matter
involving specific parties in which a party to that matter
is--
``(A) the President who appointed the officer or employee,
which shall include any entity in which the President has a
substantial interest; or
``(B) the spouse of the President who appointed the officer
or employee, which shall include any entity in which the
spouse of the President has a substantial interest.
``(2)(A) Subject to subparagraph (B), if an officer or
employee is recused under paragraph (1), a career appointee
in the agency of the officer or employee shall perform the
functions and duties of the officer or employee with respect
to the matter.
``(B)(i) In this subparagraph, the term `Commission' means
a board, commission, or other agency for which the authority
of the agency is vested in more than 1 member.
``(ii) If the recusal of a member of a Commission from a
matter under paragraph (1) would result in there not being a
statutorily required quorum of members of the Commission
available to participate in the matter, notwithstanding such
statute or any other provision of law, the members of the
Commission not recused under paragraph (1) may--
``(I) consider the matter without regard to the quorum
requirement under such statute;
``(II) delegate the authorities and responsibilities of the
Commission with respect to the matter to a subcommittee of
the Commission; or
``(III) designate an officer or employee of the Commission
who was not appointed by the President who appointed the
member of the Commission recused from the matter to exercise
the authorities and duties of the recused member with respect
to the matter.
``(3) Any officer or employee who knowingly and willfully
violates paragraph (1) shall be subject to the penalties set
forth in section 216.
``(4) For purposes of this section, the term `particular
matter' shall have the meaning given the term in section
207(i).''.
(d) Contracts by the President or Vice President.--
(1) Amendment.--Section 431 of title 18, United States
Code, is amended--
(A) in the section heading, by inserting ``the President,
Vice President, or a'' after ``Contracts by''; and
(B) in the first undesignated paragraph, by inserting ``the
President or Vice President,'' after ``Whoever, being''.
(2) Table of sections amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
[[Page S5125]]
(e) Presidential Tax Transparency.--
(1) Disclosure requirement.--
(A) In general.--Chapter 131 of title 5, United States
Code, is amended--
(i) by inserting after section 13104 the following:
``Sec. 13104A. Disclosure of tax returns
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section 13103(c); and
``(B) who is nominated by a major party as a candidate for
the office of President; and
``(2) the term `covered individual' means--
``(A) a President required to file a report under
subsection (a) or (d) of section 13103; and
``(B) an individual who occupies the office of the
President required to file a report under section 13103(e);
``(3) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return
(within the meaning of section 6103(b) of the Internal
Revenue Code of 1986) related to Federal income taxes, but
does not include--
``(A) information returns issued to persons other than such
covered candidate or covered individual, and
``(B) declarations of estimated tax; and
``(4) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information described
in subsections (a) and (b) of section 13104, a covered
individual shall include in each report required to be filed
under this subchapter a copy of the income tax returns of the
covered individual for the 3 most recent taxable years for
which a return have been filed with the Internal Revenue
Service as of the date on which the report is filed.
``(B) Failure to disclose.--If an income tax return is not
disclosed under subparagraph (A), the Director of the Office
of Government Ethics shall submit to the Secretary of the
Treasury a request that the Secretary of the Treasury provide
the Director of the Office of Government Ethics with a copy
of the income tax return.
``(C) Publicly available.--Each income tax return submitted
under this paragraph shall be filed with the Director of the
Office of Government Ethics and made publicly available in
the same manner as the information described in subsections
(a) and (b) of section 13104.
``(D) Redaction of certain information.--Before making any
income tax return submitted under this paragraph available to
the public, the Director of the Office of Government Ethics
shall redact such information as the Director of the Office
of Government Ethics, in consultation with the Secretary of
the Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the date on
which a covered candidate is nominated, the covered candidate
shall amend the report filed by the covered candidate under
section 13103(c) with the Federal Election Commission to
include a copy of the income tax returns of the covered
candidate for the 3 most recent taxable years for which a
return has been filed with the Internal Revenue Service.
``(B) Failure to disclose.--If an income tax return is not
disclosed under subparagraph (A), the Federal Election
Commission shall submit to the Secretary of the Treasury a
request that the Secretary of the Treasury provide the
Federal Election Commission with the income tax return.
``(C) Publicly available.--Each income tax return submitted
under this paragraph shall be filed with the Federal Election
Commission and made publicly available in the same manner as
the information described in section 13104(b).
``(D) Redaction of certain information.--Before making any
income tax return submitted under this paragraph available to
the public, the Federal Election Commission shall redact such
information as the Federal Election Commission, in
consultation with the Secretary of the Treasury (or a
delegate of the Secretary) and the Director of the Office of
Government Ethics, determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of
Government Ethics a copy of the income tax returns described
in paragraph (1)(A).''; and
(ii) in section 13106--
(I) in subsection (a)--
(aa) in paragraph (1), in the first sentence, by inserting
``or any individual who knowingly and willfully falsifies or
who knowingly and willfully fails to file an income tax
return that such individual is required to disclose pursuant
to section 13104A'' before the period; and
(bb) in paragraph (2)(A)--
(AA) in clause (i), by inserting ``or falsify any income
tax return that such person is required to disclose under
section 13104A'' before the semicolon; and
(BB) in clause (ii), by inserting ``or fail to file any
income tax return that such person is required to disclosed
under section 13104A'' before the period;
(II) in subsection (b), in the first sentence by inserting
``or willfully failed to file or has willfully falsified an
income tax return required to be disclosed under section
13104A'' before the period;
(III) in subsection (c), by inserting ``or failing to file
or falsifying an income tax return required to be disclosed
under section 13104A'' before the period; and
(IV) in subsection (d)(1)--
(aa) in the matter preceding subparagraph (A), by inserting
``or files an income tax return required to be disclosed
under section 13104A'' after ``subchapter''; and
(bb) in subparagraph (A), by inserting ``or such income tax
return, as applicable,'' after ``report''.
(B) Conforming amendment.--The table of sections for
chapter 131 of title 5, United States Code, is amended by
inserting after the item relating to section 13104 the
following:
``13104A. Disclosure of tax returns.''.
(2) Authority to disclose information.--
(A) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(23) Disclosure of return information of presidents and
certain presidential candidates.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall, upon written
request from the Director of the Office of Government Ethics
pursuant to section 13104A(b)(1)(B) of title 5, United States
Code, provide to officers and employees of the Office of
Government Ethics a copy of any income tax return of the
President which is required to be filed under section 13104A
of such title.
``(ii) Disclosure to public.--The Director of the Office of
Government Ethics may disclose to the public the income tax
return of any President which is required to be filed with
the Director pursuant to section 13104A of title 5, United
States Code.
``(B) Disclosure of returns of certain candidates for
president.--
``(i) In general.--The Secretary shall, upon written
request from the Chairman of the Federal Election Commission
pursuant to section 13104A(b)(2)(B) of title 5, United States
Code, provide to officers and employees of the Federal
Election Commission copies of the applicable returns of any
person who has been nominated as a candidate of a major party
(as defined in section 9002(a)) for the office of President.
``(ii) Disclosure to public.--The Federal Election
Commission may disclose to the public applicable returns of
any person who has been nominated as a candidate of a major
party (as defined in section 9002(6)) for the office of
President and which is required to be filed with the
Commission pursuant to section 13104A of title 5, United
States Code.
``(C) Applicable returns.--For purposes of this paragraph,
the term `applicable returns' means, with respect to any
candidate for the office of President, income tax returns for
the 3 most recent taxable years for which a return has been
filed as of the date of the nomination.''.
(B) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears.
(f) Sense of Congress Regarding Violations.--It is the
sense of Congress that a violation of subsection (b) or
chapter 131 of title 5, United States Code, by the President
or the Vice President would constitute a high crime or
misdemeanor under article II, section 4 of the Constitution
of the United States.
(g) Rule of Construction.--Nothing in this section or an
amendment made by this section shall be construed to violate
the Constitution of the United States.
(h) Severability.--If any provision of this section or any
amendment made by this section, or any application of such
provision or amendment to any person or circumstance, is held
to be unconstitutional, the remainder of the provisions of
this section and the amendments made by this section, and the
application of the provision or amendment to any other person
or circumstance, shall not be affected.
______
SA 2894. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. RESTRICTIONS RELATING TO FOREIGN ENTITIES.
Section 207 of title 18, United States Code, is amended by
striking subsection (f) and inserting the following:
``(f) Restrictions Relating to Foreign Entities.--
``(1) Restrictions.--Except as provided in paragraph (2),
any person who is subject to the restrictions under
subsection (c), (d), or (e) and who knowingly, within 5 years
after leaving the position, office, or employment referred to
in such subsection--
``(A) represents a foreign entity before any officer or
employee of any department or agency of the United States
with the intent to influence a decision of such officer or
employee in carrying out his or her official duties, or
[[Page S5126]]
``(B) aids or advises a foreign entity with the intent to
influence a decision of any officer or employee of any
department or agency of the United States, in carrying out
his or her official duties,
shall be punished as provided in section 216 of this title.
``(2) Special rule for members of congress and
presidentially appointed senate-confirmed personnel.--With
respect to a Member of either House of Congress and to any
presidentially appointed Senate-confirmed officers and
employees of the executive branch, the restrictions described
in paragraph (1) shall apply to representing, aiding, or
advising foreign entities at any time after the termination
of the service of that individual in such position.
``(3) Definition.--For purposes of this subsection, the
term `foreign entity' means the government of a foreign
country as defined in section 1(e) of the Foreign Agents
Registration Act of 1938, as amended, or a foreign political
party as defined in section 1(f) of that Act.''.
______
SA 2895. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION ON MEMBERS OF THE UNIFORMED SERVICES
FROM ENGAGING IN CERTAIN POLITICAL ACTIVITIES.
(a) In General.--Subchapter III of chapter 73 of title 5,
United States Code, is amended--
(1) in section 7322, by amending paragraph (1) to read as
follows:
``(1) `employee'--
``(A) means any individual, other than the President and
the Vice President, employed or holding office in--
``(i) an Executive agency other than the Government
Accountability Office; or
``(ii) a position within the competitive service which is
not in an Executive agency;
``(B) includes a member of the uniformed services; and
``(C) does not include an individual employed or holding
office in the government of the District of Columbia;''; and
(2) in section 7323(b)(2)(B)--
(A) in clause (i)(XIV), by striking ``or'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(iii) a member of the uniformed services.''.
(b) Applicability of DoD Directive 1344.10.--Department of
Defense Directive 1344.10, including subparagraph 4.6.4 of
such directive, as in effect on the date of the enactment of
this Act, shall remain in effect until a law is enacted that
amends or repeals such directive.
______
SA 2896. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, insert the
following:
SEC. 710. ENSURING PBM TRANSPARENCY UNDER THE TRICARE
PHARMACY BENEFITS PROGRAM.
Section 1074g(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11)(A) Beginning on January 1, 2025, the Secretary may
not contract with a pharmacy benefit manager under the
pharmacy benefits program unless the pharmacy benefit manager
meets the following requirements:
``(i) Not later than 1 year after the date of enactment of
this paragraph, and annually thereafter, the pharmacy benefit
manager (or an affiliate, subsidiary, or agent of the
pharmacy benefit manager) shall submit to the Secretary
information regarding any differences in reimbursement rates
or practices, direct and indirect remuneration fees or other
price concessions, and clawbacks between--
``(I) pharmacies that are affiliates of the pharmacy
benefit manager; and
``(II) pharmacies that are not affiliates of the pharmacy
benefit manager.
``(ii) The pharmacy benefit manager shall disclose to the
Secretary (in a form and manner specified by the Secretary)
the amount of any administrative fee they receive for each
prescription the pharmacy benefit manager processes under the
pharmacy benefits program.
``(B) In this paragraph:
``(i) The term `affiliate' means any entity that is owned
by, controlled by, or related under a common ownership
structure with, a pharmacy benefit manager, or that acts as a
contractor or agent to such pharmacy benefit manager, if such
contractor or agent performs any of the functions described
in clause (ii).
``(ii) The term `pharmacy benefit manager' means any person
or entity that, either directly or through an intermediary,
acts as a price negotiator or group purchaser on behalf of
the pharmacy benefits program, or manages the prescription
drug benefits provided under such program, including the
processing and payment of claims for prescription drugs, the
performance of drug utilization review, the processing of
drug prior authorization requests, the adjudication of
appeals or grievances related to the pharmacy benefits
program, contracting with network pharmacies, controlling the
cost of prescription drugs, or the provision of related
services. Such term includes any person or entity that
carries out one or more of the activities described in the
preceding sentence, irrespective of whether such person or
entity identifies itself as a `pharmacy benefit manager'.''.
______
SA 2897. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, insert the
following:
SEC. 710. REQUIRING ANY PHARMACY BENEFIT MANAGER THAT
CONTRACTS WITH TRICARE TO MEET MINIMUM NETWORK
ADEQUACY, REASONABLE PHARMACY REIMBURSEMENT,
AND TRANSPARENCY REQUIREMENTS.
Section 1074g(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11)(A) Beginning on January 1, 2025, the Secretary may
not contract with a pharmacy benefit manager under the
pharmacy benefits program unless the pharmacy benefit manager
meets the following requirements:
``(i) The pharmacy benefit manager shall contract with, as
a TRICARE network retail pharmacy provider, at least--
``(I) 80 percent of essential retail pharmacies (as defined
in subparagraph (B)) that are independent community
pharmacies (as defined in such subparagraph); and
``(II) 50 percent of essential retail pharmacies not
described in subclause (I).
``(ii) The pharmacy benefit manager shall reimburse
pharmacies for the ingredient costs of prescription drugs and
dispensing fees at rates that are not less than the rates
that would apply under the State Medicaid rebate agreement in
effect under section 1927 of the Social Security Act (42
U.S.C. 1396r-8); and
``(iii) The pharmacy benefit manager shall not reimburse
any pharmacy that is an affiliate of the pharmacy benefit
manager at a higher rate than the rate at which the pharmacy
benefit manager reimburses pharmacies that are not affiliates
of the pharmacy benefit manager.
``(iv) Not later than 1 year after the date of enactment of
this paragraph, and annually thereafter, the pharmacy benefit
manager (or an affiliate, subsidiary, or agent of the
pharmacy benefit manager) shall submit to the Secretary
information regarding any differences in reimbursement rates
or practices, direct and indirect remuneration fees or other
price concessions, and clawbacks between--
``(I) pharmacies that are affiliates of the pharmacy
benefit manager; and
``(II) pharmacies that are not affiliates of the pharmacy
benefit manager.
``(v) The pharmacy benefit manager shall disclose to the
Secretary (in a form and manner specified by the Secretary)
the amount of any administrative fee they receive for each
prescription the pharmacy benefit manager processes under the
pharmacy benefits program.
``(B) In this paragraph:
``(i) The term `affiliate' means any entity that is owned
by, controlled by, or related under a common ownership
structure with, a pharmacy benefit manager, or that acts as a
contractor or agent to such pharmacy benefit manager, if such
contractor or agent performs any of the functions described
in clause (iv).
``(ii) The term `essential retail pharmacy' means a
pharmacy that--
``(I) is not an affiliate of a pharmacy benefit manager;
``(II) is located in a medically underserved area (as
designated pursuant to section 330(b)(3)(A) of the Public
Health Service Act); and
``(III) is designated as an essential retail pharmacy by
the Secretary [is this designation by the Secretary of
Defense or the Secretary of Health and Human Services?].
``(iii) The term `independent community pharmacy' means a
retail pharmacy that has fewer than 4 locations and is not
affiliated with any person or entity other than its owners.
``(iv) The term `pharmacy benefit manager' means any person
or entity that, either directly or through an intermediary,
acts as a
[[Page S5127]]
price negotiator or group purchaser on behalf of the pharmacy
benefits program, or manages the prescription drug benefits
provided under such program, including the processing and
payment of claims for prescription drugs, the performance of
drug utilization review, the processing of drug prior
authorization requests, the adjudication of appeals or
grievances related to the pharmacy benefits program,
contracting with network pharmacies, controlling the cost of
prescription drugs, or the provision of related services.
Such term includes any person or entity that carries out one
or more of the activities described in the preceding
sentence, irrespective of whether such person or entity
identifies itself as a `pharmacy benefit manager'.''.
______
SA 2898. Mr. SCOTT of South Carolina (for himself and Mr. Graham)
submitted an amendment intended to be proposed by him to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title III, add the following:
SEC. 358. PLAN ON FUNDING THE ESTABLISHMENT AND MAINTENANCE
OF F-16 SIMULATOR TRAINING FACILITIES.
(a) Report Required.--Not later than March 1, 2025, the
Secretary of the Air Force shall, in coordination with the
Director of the Air National Guard, submit to the
congressional defense committees a report containing a plan
to fully fund the establishment and maintenance of F-16
simulator training facilities at all mission training centers
that are required to have such facilities but do not
currently have such facilities.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) Costs for the operation and maintenance of F-16
simulators at all mission training centers of the Air
National Guard that currently possess such simulators.
(2) Projected costs for the establishment of a full
complement of F-16 simulators at all facilities of the Air
National Guard that are required to have such simulators but
do not currently have such simulators.
(3) A description of how the Air Force and the Air National
Guard will allocate funding to carry out paragraph (2), to
include the proportions of the funding provided by the Air
Force and the Air National Guard.
(4) An assessment by each of the Secretary of the Air Force
and the Chief of the National Guard Bureau of how the
readiness of all Air National Guard units requiring F-16
simulators would be impacted by not placing simulators in the
mission training centers for such units.
(c) Implementation.--The Secretary of the Air Force and the
Director of the Air National Guard shall begin implementation
of the plan described in subsection (a) not later than
September 30, 2025.
______
SA 2899. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1216. ENHANCING THE TRANSPARENCY AND ACCOUNTABILITY OF
UNITED STATES FOREIGN ASSISTANCE PROGRAMS.
(a) Short Title.--This section may be cited as the
``Foreign Assistance Transparency and Accountability
Enhancement Act''.
(b) Information on United States Foreign Assistance
Program.--Section 4(b)(1) of the Foreign Aid Transparency and
Accountability Act of 2016 (22 U.S.C. 2394c(b)(1)) is amended
to read as follows:
``(1) In general.--The information described in subsection
(a)--
``(A) shall be published on a detailed basis, such as by
program, activity, or award; and
``(B) shall include, and shall be searchable by--
``(i) country or region, as appropriate;
``(ii) funding agency;
``(iii) managing agency;
``(iv) sector;
``(v) appropriations account;
``(vi) fiscal year; and
``(vii) as determined by the type of activity--
``(I) activity identifier;
``(II) activity name;
``(III) start date;
``(IV) end date; and
``(V) implementing partners, including data, or links to
data, as appropriate, on subcontracts valued in excess of
$30,000 and subawards valued in excess of $25,000, as
required to be reported on the Subaward Reporting System of
the General Services Administration in compliance with the
Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282).''.
(c) Modification to Inclusion Requirements.--Section
4(b)(3)(A) of the Foreign Aid Transparency and Accountability
Act of 2016 (22 U.S.C. 2394c(b)(3)(A)) is amended to read as
follows:
``(A) Health or security of implementing partners.--If the
Secretary of State, the Administrator of the United States
Agency for International Development or, after consultation
with the Secretary of State, the head of any other Federal
department or agency determines that the inclusion of a
required item of information online would jeopardize the
health or security of an implementing partner or program
beneficiary or would require the release of proprietary
information of an implementing partner or program
beneficiary, the head of the Federal department or agency
shall submit such determination in writing to the appropriate
congressional committees, including the basis for such
determination.''.
(d) Report.--The Comptroller General of the United States
shall conduct annual spot checks to ensure compliance by
prime implementers of acquisition and assistance awards
relating to covered United States foreign assistance (as
defined in section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (22 U.S.C. 2394c note)), with the
statutory requirement--
(1) to provide quality data regarding subcontracts and
subawards on the Subaward Reporting System of the General
Services Administration; and
(2) to submit an annual report summarizing such data to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
(e) Ineligibility for Future Awards.--Prime implementers
that fail to provide quality data regarding subcontracts and
subawards pursuant to the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282) and section 4
of the Foreign Aid Transparency and Accountability Act of
2016, as amended by this section, for 2 consecutive fiscal
years shall be ineligible for acquisition and assistance
awards during the following fiscal year and during each
fiscal year thereafter until the Secretary of State, the
USAID Administrator, or, after consultation with the
Secretary of State, the head of any other Federal department
or agency determines that the prime implementer has taken
appropriate measures to fully comply with such Acts.
______
SA 2900. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title XII, add the following:
SEC. 1291. DEVELOPMENT OF ECONOMIC TOOLS AND STRATEGY TO
DETER AGGRESSION BY PEOPLE'S REPUBLIC OF CHINA
AGAINST TAIWAN.
(a) Sense of Congress.--It is the sense of Congress that
the United States must be prepared to take immediate action
to impose sanctions with respect to any military or
nonmilitary entities owned, controlled, or acting at the
direction of the Government of the PRC or the Chinese
Communist Party that are supporting actions by the Government
of the PRC or the Chinese Communist Party to--
(1) overthrow or dismantle the governing institutions in
Taiwan;
(2) occupy any territory controlled or administered by
Taiwan;
(3) violate the territorial integrity of Taiwan; or
(4) take significant action against Taiwan, including--
(A) conducting a naval blockade of Taiwan;
(B) seizing any outlying island of Taiwan; or
(C) perpetrating a significant cyber attack on Taiwan.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Finance of the Senate;
(E) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(F) the Committee on Commerce, Science, and Transportation
of the Senate;
(G) the Committee on Foreign Affairs of the House of
Representatives;
(H) the Committee on Armed Services of the House of
Representatives;
(I) the Committee on Financial Services of the House of
Representatives;
(J) the Committee on Energy and Commerce of the House of
Representatives; and
(K) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
[[Page S5128]]
(B) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(C) the Committee on Commerce, Science, and Transportation
of the Senate;
(D) the Committee on Foreign Affairs of the House of
Representatives;
(E) the Committee on Financial Services of the House of
Representatives; and
(F) the Committee on Energy and Commerce of the House of
Representatives.
(3) PRC.--The term ``PRC'' means the People's Republic of
China.
(c) Task Force.--Not later than 180 days after the date of
the enactment of this Act, the Office of Sanctions
Coordination of the Department of State and the Office of
Foreign Asset Control of the Department of the Treasury, in
coordination with the Office of the Director of National
Intelligence, shall establish an interagency task force
(referred to in this section as the ``Task Force'') to
identify military or nonmilitary entities that could be
subject to sanctions imposed by the United States immediately
following any action or actions taken by the PRC that
demonstrate an attempt to achieve, or has the significant
effect of achieving, the physical or political control of
Taiwan, including by taking any of the actions described in
paragraphs (1) through (4) of subsection (a).
(d) Strategy.--Not later than 180 days after the
establishment of the Task Force, the Task Force shall submit
a strategy to the appropriate congressional committees for
identifying targets under this section, which shall include--
(1) an assessment of how existing sanctions regimes could
be used to impose sanctions with respect to entities
identified pursuant to subsection (c);
(2) a strategy for developing or proposing, as appropriate,
new sanctions authorities that might be required to impose
sanctions with respect to such entities;
(3) an analysis of the potential economic consequences to
the United States, and to allies and partners of the United
States, of imposing various types of sanctions with respect
to those entities and assess measures that could be taken to
mitigate those consequences, including through the use of
licenses, exemptions, carve-outs, and other forms of relief;
(4) a strategy for working with allies and partners of the
United States--
(A) to leverage sanctions and other economic tools to deter
or respond to aggression against Taiwan;
(B) to identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to or deterring aggression against Taiwan; and
(C) to identify industries, sectors, or goods and services
with respect to which the United States and allies and
partners of the United States can take coordinated action
through sanctions or other economic tools that will have a
significant negative impact on the economy of the PRC;
(5) an assessment of the resource gaps and needs at the
Department of State, the Department of the Treasury, and
other Federal agencies, as appropriate, to most effectively
use sanctions and other economic tools to respond to the
threat posed by the PRC;
(6) recommendations on how best to target sanctions and
other economic tools against individuals, entities, and
economic sectors in the PRC, taking into account the role of
those targets in supporting policies and activities of the
Government of the PRC or the Chinese Communist Party that
pose a threat to the national security or foreign policy
interests of the United States, the negative economic
implications of those sanctions and tools for that
government, including its ability to achieve its objectives
with respect to Taiwan, and the potential impact of those
sanctions and tools on the stability of the global financial
system, including with respect to--
(A) state-owned enterprises;
(B) officials of the Government of the PRC;
(C) financial institutions associated with the Government
of the PRC;
(D) companies in the PRC that are not formally designated
by the Government of the PRC as state-owned enterprises; and
(7) the identification of any foreign military or non-
military entities that would likely be used to achieve the
outcomes specified in subsection (a)(1), including entities
in the shipping, logistics, energy (including oil and gas),
aviation, ground transportation, and technology sectors.
(e) Report.--
(1) In general.--Not later than 60 days after the
submission of the strategy required under subsection (d), and
semiannually thereafter, the Task Force shall submit a report
to the appropriate congressional committees that includes
information regarding--
(A) any entities identified pursuant to subsection (c) or
(d)(7);
(B) any new authorities needed to impose sanctions with
respect to such entities;
(C) potential economic impacts on the PRC, the United
States, and allies and partners of the United States of
imposing sanctions with respect to those entities, as well as
mitigation measures that could be employed to limit
deleterious impacts on the United States and allies and
partners of the United States;
(D) the status of coordination with allies and partners of
the United States on sanctions and other economic tools
identified under this section;
(E) resource gaps and recommendations to enable the
Department of State and the Department of the Treasury to use
sanctions to more effectively respond to the malign
activities of the Government of the PRC; and
(F) any additional resources that may be necessary to carry
out the strategy.
(2) Form.--Each report required under paragraph (1) shall
be submitted in classified form.
(f) Identification of Vulnerabilities and Leverage.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of State and the Secretary of Defense, in
consultation with the Secretary of Commerce, the Secretary of
the Treasury, the Director of the Office of Federal
Procurement Policy, and the Director of the Office of Science
and Technology Policy, shall jointly submit a report to the
appropriate committees of Congress that identifies--
(1) goods and services from the United States that are
relied on by the PRC such that reliance presents a strategic
opportunity and source of leverage against the PRC, including
during a conflict; and
(2) procurement practices of the United States Government
that are reliant on trade with the PRC and other inputs from
the PRC, such that reliance presents a strategic
vulnerability and source of leverage that the Chinese
Communist Party could exploit, including during a conflict.
(g) Strategy to Respond to Coercive Action.--
(1) In general.--Not later than 180 days after the
submission of the report required under subsection (f), the
Secretary of the Treasury, in coordination with the Secretary
of State and in consultation with the Secretary of the
Defense, the Secretary of Commerce, the Director of the
Office of Federal Procurement Policy, and the Director of the
Office of Science and Technology Policy, shall submit to the
appropriate committees of Congress a report, utilizing the
findings of the report required under subsection (f), that
describes a comprehensive sanctions strategy to advise
policymakers on policies the United States and allies and
partners of the United States could adopt with respect to the
PRC in response to any coercive action, including an
invasion, by the PRC that infringes upon the territorial
sovereignty of Taiwan by preventing access to international
waterways, airspace, or telecommunications networks.
(2) Elements.--The strategy required under paragraph (1)
shall include policies that--
(A) restrict the access of the People's Liberation Army to
oil, natural gas, munitions, and other supplies needed to
conduct military operations against Taiwan, United States
facilities in the Pacific and Indian Oceans, and allies and
partners of the United States in the region;
(B) diminish the capacity of the industrial base of the PRC
to manufacture and deliver defense articles to replace those
lost in operations of the People's Liberation Army against
Taiwan, the United States, and allies and partners of the
United States;
(C) inhibit the ability of the PRC to evade United States
and multilateral sanctions through third parties, including
through secondary sanctions;
(D) identify specific sanctions-related tools that may be
effective in responding to coercive action described in
paragraph (1) and assess the feasibility of the use and
impact of the use of such tools;
(E) identify and resolve potential impediments to
coordinating sanctions-related efforts with respect to
responding to or deterring aggression against Taiwan with
allies and partners of the United States;
(F) identify industries, sectors, or goods and services
with respect to which the United States, working with allies
and partners of the United States, can take coordinated
action through sanctions or other economic tools that will
have a significant negative impact on the economy of the PRC;
and
(G) identify tactics used by the Government of the PRC to
influence the public in the United States and Taiwan through
propaganda and disinformation campaigns, including such
campaigns focused on delegitimizing Taiwan or legitimizing a
forceful action by the PRC against Taiwan.
(h) Recommendations for Reduction of Vulnerabilities and
Leverage.--Not later than 180 days after the submission of
the report required under subsection (g), the Secretary of
State and the Secretary of Defense, in consultation with the
Secretary of Commerce, the Secretary of the Treasury, the
Director of the Office of Federal Procurement Policy, and the
Director of the Office of Science and Technology Policy,
shall jointly submit to the appropriate committees of
Congress a report that--
(1) identifies critical sectors within the United States
economy that rely on trade with the PRC and other inputs from
the PRC (including active pharmaceutical ingredients, rare
earth minerals, munitions energetics, and metallurgical
inputs) that present a strategic vulnerability and source of
leverage that the Chinese Communist Party or the People's
Republic of China could exploit; and
(2) includes recommendations to Congress regarding the
steps that could be taken to reduce the sources of leverage
described in paragraph (1) and subsection (f)(1), including
through--
(A) providing economic incentives and making other trade
and contracting reforms to support United States industry and
job growth in critical sectors and to indigenize production
of critical resources; and
[[Page S5129]]
(B) policies for facilitating ``near-shoring or friend-
shoring'' or otherwise developing strategies to facilitate
that process with allies and partners of the United States,
in other sectors for which domestic reshoring would prove
infeasible for any reason.
(i) Form.--The reports required under subsections (f), (g),
and (h) shall be submitted in unclassified form, but may
include a classified annex.
(j) Rules of Construction.--Nothing in this section may be
construed as--
(1) a change to the One China Policy of the United States,
which is guided by the Taiwan Relations Act (22 U.S.C. 3301
et seq.), the three United States-People's Republic of China
Joint Communiques, and the Six Assurances; or
(2) authorizing the use of military force.
______
SA 2901. Mr. BARRASSO submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. OPERATIONAL ENERGY CAPABILITY IMPROVEMENT PROGRAM.
(a) In General.--The amount authorized to be appropriated
for fiscal year 2025 by section 201 for research,
development, test, and evaluation for the Operational Energy
Capability Improvement Program (PE 0604055D8Z), as specified
in the funding table in section 4201, is hereby increase by
$2,500,000, with the amount of the increase to be available
for development of interoperable, field-ready, hybrid power
systems deployable for multiple-use applications with the
sole intention of improving military readiness.
(b) Offset.--Of the amount authorized to be appropriated
for fiscal year 2025 by section 201 for research,
development, test, and evaluation, the amount available for
Strategic Environmental Research Program (PE 0603716D8Z), as
specified in the funding table in section 4201, is hereby
reduced by $2,500,000.
______
SA 2902. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, insert the
following:
SEC. 710. REQUIRING ANY PHARMACY BENEFIT MANAGER THAT
CONTRACTS WITH TRICARE TO DISCLOSE ANY REBATES,
PRICE CONCESSIONS, ALTERNATIVE DISCOUNTS, OR
OTHER REMUNERATION, AND ANY ADMINISTRATIVE OR
OTHER FEES, RECEIVED FROM DRUG MANUFACTURERS.
Section 1074g(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11)(A) Beginning on January 1, 2025, the Secretary may
not contract with a pharmacy benefit manager under the
pharmacy benefits program unless the pharmacy benefit manager
discloses to the Secretary (in a form and manner specified by
the Secretary)--
``(i) for each category or class of drugs for which a claim
was filed, a breakdown of the total gross spending on drugs
in such category or class before rebates, price concessions,
alternative discounts, or other remuneration from drug
manufacturers, and the net spending after such rebates, price
concessions, alternative discounts, or other remuneration
from drug manufacturers; and
``(ii) any administrative or other fees received from drug
manufacturers.
``(B) In this paragraph, the term `pharmacy benefit
manager' means any person or entity that, either directly or
through an intermediary, acts as a price negotiator or group
purchaser on behalf of the pharmacy benefits program, or
manages the prescription drug benefits provided under such
program, including the processing and payment of claims for
prescription drugs, the performance of drug utilization
review, the processing of drug prior authorization requests,
the adjudication of appeals or grievances related to the
pharmacy benefits program, contracting with network
pharmacies, controlling the cost of prescription drugs, or
the provision of related services. Such term includes any
person or entity that carries out one or more of the
activities described in the preceding sentence, irrespective
of whether such person or entity identifies itself as a
`pharmacy benefit manager'.''.
______
SA 2903. Mr. SCHATZ (for himself and Ms. Hirono) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. RED HILL HEALTH REGISTRY.
(a) Registry for Impacted Individuals of the Red Hill
Incident.--
(1) Establishment of registry.--The Secretary of Defense,
in consultation with the Secretary of Health and Human
Services, shall establish within the Department of Defense or
through an award of a grant or contract, as the Secretary
determines appropriate, a Red Hill Incident exposure registry
to collect data on health implications of petroleum-
contaminated water for impacted individuals and potentially
impacted individuals on a voluntary basis.
(2) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary
of Defense shall submit to the congressional defense
committees and publish on the website of the Department of
Defense a report on--
(A) the number of impacted and potentially impacted
individuals enrolled in the registry established under
paragraph (1);
(B) measures and frequency of follow-up to collect data and
specimens related to exposure, health, and developmental
milestones as appropriate; and
(C) a summary of data and analyses on exposure, health, and
developmental milestones for impacted individuals.
(3) Contracts.--The Secretary of Defense may contract with
independent research institutes or consultants, nonprofit or
public entities, laboratories, or medical schools, as the
Secretary considers appropriate, that are not part of the
Federal Government to assist with the registry established
under paragraph (1).
(4) Consultation.--In carrying out paragraph (1), the
Secretary of Defense shall consult with non-Federal experts,
including individuals with certification in epidemiology,
toxicology, mental health, pediatrics, and environmental
health, and members of the impacted community.
(b) Use of Existing Funds.--The Secretary of Defense shall
carry out activities under this section using amounts
previously appropriated for the Defense Health Agency for
such activities.
(c) Definitions.--In this section:
(1) Impacted individual.--The term ``impacted individual''
means an individual who, at the time of the Red Hill
Incident, lived or worked in a building or residence served
by the community water system at Joint Base Pearl Harbor-
Hickam, Oahu, Hawaii.
(2) Potentially impacted individual.--The term
``potentially impacted individual'' means an individual who,
after the Red Hill Incident, lived or worked in a building or
residence served by the community water system at Joint Base
Pearl Harbor-Hickam, Oahu, Hawaii, including an individual
who is not a beneficiary of the military health system.
(3) Red hill incident.--The term ``Red Hill Incident''
means the release of fuel from the Red Hill Bulk Fuel Storage
Facility, Oahu, Hawaii, into the sole-source basal aquifer
located 100 feet below the facility, contaminating the
community water system at Joint Base Pearl Harbor-Hickam on
November 20, 2021.
______
SA 2904. Ms. ROSEN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. 1095. RETURNING SKILLED WORKERS TO THE STEM WORKFORCE.
(a) Short Title.--This section may be cited as the ``STEM
Restoring Employment Skills through Targeted Assistance, Re-
entry, and Training Act'' or the ``STEM RESTART Act''.
(b) In General.--Subtitle D of title I of the Workforce
Innovation and Opportunity Act is amended--
(1) by redesignating section 172 (29 U.S.C. 3227) as
section 173; and
(2) by inserting after section 171 the following:
``SEC. 172. GRANTS TO SUPPORT SKILLED WORKERS IN RETURNING OR
TRANSITIONING TO THE STEM WORKFORCE.
``(a) Findings.--Congress finds the following:
``(1) The Brookings Institution expects the coronavirus
pandemic will have lasting effects on the labor market and
could change the composition of available jobs indefinitely,
with the ensuing economic decline ushering in a new era of
automation. Employers will likely shed less skilled workers
and replace them with higher-skilled technology workers,
which increases labor productivity as a recession tapers off.
``(2) The current pipeline of engineering talent does not
include many college graduates from large cohorts of the
population.
[[Page S5130]]
Women represent over 57 percent of college graduates but only
22 percent of the engineers entering the workforce. Within
the workforce, only 14 percent of engineers are women. Women
also leave the engineering profession in greater numbers than
men do.
``(3) A 2018 Pew Research Center study showed there are
wide racial gaps among current STEM workers regarding reasons
why so few Black and Hispanic people work in STEM. For
example, over 70 percent of Black STEM workers view lack of
access to education and discriminatory hiring and promotion
practices as reasons there are so few Black men and women in
the STEM fields. By comparison, less than 30 percent of White
and Asian STEM workers view that lack of access and those
practices as barriers to Black people entering the fields.
Additionally, 62 percent of Black STEM workers say they have
faced discrimination in their jobs compared to just 13
percent of White STEM workers.
``(4) Among the 25,300,000 United States women ages 25
through 54 with a bachelor's degree or higher degree in 2017,
4,200,000 were out of the labor force. While some of those
women were disabled or retired, the remaining 3,600,000 women
may be candidates to return to work.
``(5) The Center for Talent Innovation's research shows
that while 93 percent of women who left the workforce want to
resume their careers, only 74 percent manage to get any kind
of job at all and just 40 percent successfully return to work
full-time.
``(6) Mid-career internship and other returnship programs
are an effective way to address the difficulties of former
STEM employees seeking to return to work, as the programs
provide a probationary period and also an opportunity to
obtain mentorship, professional development, and support as
the participants transition back to work. Even more
important, returnship programs allow an employer to base a
hiring decision on an actual work sample instead of a series
of interviews. At the same time, the programs give
participants an opportunity to return to work together, in a
cohort of similarly situated returners.
``(7) Fortune 500 companies like Apple, Honeywell, Northrop
Grumman, Ingersoll Rand, and The Procter & Gamble Company
have taken the initiative to try to close the gender gap
among STEM professionals by providing mid-career internships
for returning technical professionals. However, a 2008 study
by Anthony Breitzman and Diana Hicks for the Office of
Advocacy of the Small Business Administration, entitled `An
Analysis of Small Business Patents by Industry and Firm
Size', found that `Small firms are much more likely to
develop emerging technologies than are large firms. This is
perhaps intuitively reasonable given theories on small firms
effecting technological change, but the quantitative data
here support this assertion. Specifically, although small
firms account for only 8 percent of patents granted, they
account for 24 percent of the patents in the top 100 emerging
clusters.'.
``(b) Purposes.--The purposes of this section are to--
``(1) prioritize expanding opportunities, through high-
quality internships or other returnships in STEM fields for
unemployed or underemployed workers, particularly workers
from underrepresented populations and workers from rural
areas, who are mid-career skilled workers seeking to return
or transition to in-demand industry sectors or occupations
within the STEM workforce, at positions and compensation
above entry level; and
``(2) establish grant funding and other incentives for
small-sized and medium-sized companies in in-demand industry
sectors or occupations to establish programs that provide on-
the-job evaluation, education, and training for mid-career
skilled workers described in paragraph (1).
``(c) Definitions.--In this section:
``(1) Medium-sized enterprise.--The term `medium-sized',
used with respect to an enterprise, means an entity that
employs more than 499 and fewer than 10,000 employees.
``(2) RESTART grant.--The term `RESTART grant' means a
grant made under subsection (d).
``(3) Returnship.--The term `returnship' shall mean any
internship, apprenticeship, re-entry opportunity, direct
hiring opportunity with support, or other similar opportunity
designed to provide workers seeking to return or transition
to the STEM workforce with positions that--
``(A) are above entry level;
``(B) provide salaries, stipends, or other payments, and
benefits, that are above entry level; and
``(C) provide training that leads workers toward full-time
careers and provides pathways toward advancement and
leadership.
``(4) Rural area.--The term `rural area' means an area that
is not an urban area (within the meaning of the notice of
final program criteria entitled `Urban Area Criteria for the
2010 Census' (76 Fed. Reg. 53030 (August 24, 2011))).
``(5) Small-sized enterprise.--The term `small-sized', used
with respect to an enterprise, means an entity that employs
more than 49 and fewer than 500 individuals.
``(6) STEM.--The term `STEM' has the meaning given the term
in section 2 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
``(7) Underrepresented population.--The term
`underrepresented population' means a group that is
underrepresented in science and engineering, as determined by
the Secretary of Education under section 637.4(b) of title
34, Code of Federal Regulations (as in effect on the date of
enactment of the STEM RESTART Act).
``(8) Unemployed or underemployed individual.--The term
`unemployed or underemployed individual' means--
``(A) an unemployed or underemployed individual as defined
by the Bureau of Labor Statistics; and
``(B) a displaced or furloughed worker.
``(d) Grant.--
``(1) In general.--From the amounts made available to carry
out this section, the Secretary shall award grants, on a
competitive basis, to eligible entities, to carry out
returnship programs that provide opportunities above entry
level in STEM fields for mid-career skilled workers, and
achieve the purposes described in subsection (b).
``(2) Periods.--The Secretary shall award the grants for an
initial period of not less than 3 years and not more than 5
years.
``(3) Amounts.--In awarding grants under this subsection,
the Secretary shall award a grant--
``(A) for a small-sized enterprise, in an amount so that
each annual payment for the grant is not less than $100,000
or more than $1,000,000; and
``(B) for a medium-sized enterprise or consortium, in an
amount so that each annual payment for the grant is not less
than $500,000 or more than $5,000,000.
``(e) Eligibility.--
``(1) Eligible entities.--To be eligible to receive a
RESTART grant under this section, an entity shall--
``(A)(i) be located in the United States and have
significant operations and employees within the United
States;
``(ii) not be a debtor in a bankruptcy proceeding, within
the meaning of section 4003(c)(3)(D)(i)(V) of the CARES Act
(15 U.S.C. 9042(c)(3)(D)(i)(V)) or under a State bankruptcy
law; and
``(iii) be within an in-demand industry sector or
occupation in a STEM field; and
``(B) be--
``(i) a small-sized enterprise;
``(ii) a medium-sized enterprise; or
``(iii) a consortium of small-sized or medium-sized
enterprises.
``(2) Eligible providers.--
``(A) In general.--An eligible entity that desires to
partner with a provider in order to carry out a returnship
program under this section shall enter into an arrangement
with an eligible provider.
``(B) Provider.--To be eligible to enter into such an
arrangement, a provider--
``(i) may or may not directly employ skilled workers in
STEM fields but--
``(I) shall have expertise in human resources-related
activities, such as identifying or carrying out staffing with
skilled workers or underrepresented populations; and
``(II) shall be capable of providing high-quality education
and training services; and
``(ii) may be--
``(I)(aa) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); or
``(bb) a non-degree-granting institution that is governed
by the same body that governs an institutions of higher
education described in item (aa);
``(II) a public, private for-profit, or private nonprofit
service provider, approved by the local board;
``(III) a joint labor-management organization;
``(IV) an eligible provider of adult education and literacy
activities under title II; or
``(V) an established nonprofit organization that conducts
research or provides training on technical, social and
emotional, and employability skills and knowledge aligned to
the needs of adult learners and workers.
``(f) Applications.--
``(1) In general.--To be eligible to receive a RESTART
grant to carry out a returnship program, an entity shall
submit an application to the Secretary at such time and in
such manner as the Secretary may reasonably require.
``(2) Contents.--Such an application shall include--
``(A) a description of the demand for skilled workers in
STEM fields and how the RESTART grant will be used to help
meet that demand;
``(B) a description of how the program will lead to
employment of unemployed or underemployed individuals,
particularly workers from underrepresented populations or
from rural areas, who seek to return or transition to the
STEM workforce;
``(C) if the entity has entered into or plans to enter into
an arrangement with an eligible provider as described in
subsection (e)(2) to carry out a returnship program,
information identifying the eligible provider, and a
description of how the arrangement will help the entity build
the knowledge and skills of skilled workers participating in
the program;
``(D) a description of how the eligible entity will develop
and establish, or expand, a returnship program that adds to
the number of full-time employees employed by the entity, but
does not displace full-time employees currently (as of the
date of submission of the application) employed by the
entity;
``(E) an assurance that any new or existing returnship
program developed and established, or expanded, with the
grant funds will last for at least 10 weeks and provide
compensation to participants in the form of a
[[Page S5131]]
salary, stipend, or other payment, and benefits, that are
offered to full-time employees with equivalent experience and
expertise, such as health care or child care benefits; and
``(F) if the returnship program leads to a recognized
postsecondary credential, information on the quality of the
program that leads to the credential.
``(3) Priority.--In making grants under this section, the
Secretary shall give priority to entities who are proposing
programs that prioritize returnships for workers from
underrepresented populations or from rural areas.
``(g) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section shall use the grant funds to carry out a
returnship program, of not less than 10 weeks, through which
the entity provides for--
``(A) the education and training of returnship
participants; and
``(B) the services of existing employees (as of the date
the program begins) of the entity who are working with
returnship participants in an educational, training, or
managerial role, to maximize the retention rate and
effectiveness of the returnship program.
``(2) Specific uses.--The grant funds may be used--
``(A) to pay for the evaluation, and entry into the
program, and education and training of returnship
participants, including payment for the duration of the
program for the participants for--
``(i) equipment, travel, and (as necessary) housing;
``(ii) mentorship and career counseling; and
``(iii) salaries, stipends, or payments, and benefits,
described in subsection (f)(2)(E);
``(B) to supplement, and not supplant, the compensation of
those existing employees of the entity who are directly
supporting a returnship program through the work described in
paragraph (1)(B); and
``(C) to enter into an arrangement with an eligible
provider to carry out a returnship program.
``(3) Existing employees.--Not more than 20 percent of the
grant funds may be used to provide compensation for the
existing employees performing the work described in paragraph
(1)(B).
``(4) Coordination with state workforce boards.--An entity
that receives a grant under this section shall coordinate
activities with the State workforce development board
established under section 101, to ensure collaboration and
alignment of workforce programs.
``(h) Reporting and Evaluation Requirements.--
``(1) Report to the secretary.--An entity that receives a
grant under this section for a returnship program shall
prepare, certify the contents of, and submit to the Secretary
an annual report containing data regarding--
``(A) the total number of the participants, and the number
of such participants disaggregated by sex, race, and
ethnicity;
``(B) the total number of the participants transitioned
into full-time employment, and the number of such
transitioned participants disaggregated by sex, race, and
ethnicity; and
``(C) if the returnship program includes participants in an
internship, the conversion rate of the internship
participants to employees, for the total number of those
participants and the conversion rate of those participants
disaggregated by sex, race, and ethnicity.
``(2) Evaluation and report by the secretary.--Not later
than 180 days after receiving the annual reports from grant
recipients under paragraph (1), the Secretary shall--
``(A)(i) prepare a report that presents the data collected
through the reports, including data disaggregated by sex,
race, and ethnicity, and an evaluation based on that data of
the best practices for effectively implementing returnship
(including internship) programs; and
``(ii) submit the report to the Committee on Education and
the Workforce of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions of the
Senate; and
``(B) post information on a website on best practices
described in subparagraph (A)(i).
``(i) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2025 through 2029.''.
(c) Table of Contents.--The table of contents in section
1(b) of the Workforce Innovation and Opportunity Act is
amended--
(1) by redesignating the item relating to section 172 as
the item relating to section 173; and
(2) by inserting after the item relating to section 171 the
following:
``Sec. 172. Grants to support skilled workers in returning or
transitioning to the STEM workforce.''.
______
SA 2905. Mr. KAINE (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE,
VIRGINIA.
(a) In General.--Notwithstanding any other provision of
law, the Administrator of the National Aeronautics and Space
Administration may enter into an agreement, as appropriate,
with the Town of Chincoteague, Virginia, for a period of up
to five years, for reimbursement of the Town of
Chincoteague's costs directly associated with--
(1) the development of a plan for removal of drinking water
wells currently situated on property administered by the
National Aeronautics and Space Administration; and
(2) the establishment of alternative drinking water wells
on property under the administrative control, through lease,
ownership, or easement, of the Town of Chincoteague.
(b) Elements.--An agreement under subsection (a) shall
include, to the extent practicable--
(1) a provision for the removal and relocation of the three
remaining wells described in that subsection;
(2) a description of the location of the site to which such
wells will be relocated or are planned to be relocated; and
(3) a current estimated cost of such relocation, including
for the purchase, lease, or use of additional property,
engineering, design, permitting, and construction.
(c) Submission to Congress.--Not later than 18 months after
the date of the enactment of this Act, the Administrator of
the National Aeronautics and Space Administration, in
coordination with the heads or other appropriate
representatives of relevant entities, shall submit to the
appropriate committees of Congress any agreement entered into
under subsection (a).
______
SA 2906. Mr. CASSIDY submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Add at the end of subtitle C of title VII of division A the
following:
SEC. __. FUNDING FOR DEFENSE HEALTH PROGRAMS FOR EDUCATION
AND TRAINING.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, (1) the amount authorized to be
appropriated in section 1405 for Defense Health Program
specified in the corresponding funding table in section 4501,
for Education and Training is hereby increased by
$25,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Programs, as
specified in the corresponding funding table in section 4501,
for Base Operations/Communications is hereby reduced by
$25,000,000.
______
SA 2907. Ms. SMITH (for herself and Mr. Rounds) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
Subtitle I--Rural Housing Service Reform
SEC. 1095. SHORT TITLE.
This subtitle may be cited as the ``Rural Housing Service
Reform Act of 2024''.
SEC. 1096. APPLICATION OF MULTIFAMILY MORTGAGE FORECLOSURE
PROCEDURES TO MULTIFAMILY MORTGAGES HELD BY THE
SECRETARY OF AGRICULTURE AND PRESERVATION OF
THE RENTAL ASSISTANCE CONTRACT UPON
FORECLOSURE.
(a) Multifamily Mortgage Procedures.--Section 363 of the
Multifamily Mortgage Foreclosure Act of 1981 (12 U.S.C. 3702)
is amended--
(1) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(F) section 514, 515, or 538 of the Housing Act of 1949
(42 U.S.C. 1484, 1485, 1490p).''; and
(2) in paragraph (10)--
(A) by striking ``means the Secretary'' and inserting the
following: ``means--
``(A) the Secretary'';
(B) in subparagraph (A), as so designated, by striking the
period at the end and inserting ``, with respect to a
multifamily mortgage described in subparagraph (A), (B), (C),
(D), or (E) of paragraph (2); and''; and
(C) by adding at the end the following:
``(B) the Secretary of Agriculture, with respect to a
multifamily mortgage described in paragraph (2)(F).''.
(b) Preservation of Contract.--Section 521(d) of the
Housing Act of 1949 (42 U.S.C. 1490a(d)) is amended by adding
at the end the following:
[[Page S5132]]
``(3) Notwithstanding any other provision of law in
managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary, and during the
process of foreclosure on any property with a contract for
rental assistance under this section--
``(A) the Secretary shall maintain any rental assistance
payments that are attached to any dwelling units in the
property; and
``(B) the rental assistance contract may be used to provide
further assistance to existing projects under 514, 515, or
516.''.
SEC. 1097. STUDY ON RURAL HOUSING LOANS FOR HOUSING FOR LOW-
AND MODERATE-INCOME FAMILIES.
Not later than 6 months after the date of enactment of this
Act, the Secretary of Agriculture shall conduct a study and
submit to Congress a publicly available report on the loan
program under section 521 of the Housing Act of 1949 (42
U.S.C. 1490a), including--
(1) the total amount provided by the Secretary in subsidies
under such section 521 to borrowers with loans made pursuant
to section 502 of such Act (42 U.S.C. 1472);
(2) how much of the subsidies described in paragraph (1)
are being recaptured; and
(3) the amount of time and costs associated with
recapturing those subsidies.
SEC. 1098. AUTHORIZATION OF APPROPRIATIONS FOR STAFFING NEEDS
AND INFORMATION TECHNOLOGY UPGRADES.
There is authorized to be appropriated to the Secretary of
Agriculture for each of fiscal years 2024 through 2028 such
sums as may be necessary for increased staffing needs and
information technology upgrades to support all Rural Housing
Service programs.
SEC. 1099. PERMANENT ESTABLISHMENT OF HOUSING PRESERVATION
AND REVITALIZATION PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.)
is amended by adding at the end the following:
``SEC. 545. HOUSING PRESERVATION AND REVITALIZATION PROGRAM.
``(a) Establishment.--The Secretary shall carry out a
program under this section for the preservation and
revitalization of multifamily rental housing projects
financed under section 514, 515, or 516.
``(b) Notice of Maturing Loans.--
``(1) To owners.--On an annual basis, the Secretary shall
provide written notice to each owner of a property financed
under section 514, 515, or 516 that will mature within the 4-
year period beginning upon the provision of the notice,
setting forth the options and financial incentives that are
available to facilitate the extension of the loan term or the
option to decouple a rental assistance contract pursuant to
subsection (f).
``(2) To tenants.--
``(A) In general.--On an annual basis, for each property
financed under section 514, 515, or 516, not later than the
date that is 2 years before the date that the loan will
mature, the Secretary shall provide written notice to each
household residing in the property that informs them of--
``(i) the date of the loan maturity;
``(ii) the possible actions that may happen with respect to
the property upon that maturity; and
``(iii) how to protect their right to reside in federally
assisted housing, or how to secure housing voucher, after
that maturity.
``(B) Language.--Notice under this paragraph shall be
provided in plain English and shall be translated to other
languages in the case of any property located in an area in
which a significant number of residents speak such other
languages.
``(c) Loan Restructuring.--Under the program under this
section, in any circumstance in which the Secretary proposes
a restructuring to an owner or an owner proposes a
restructuring to the Secretary, the Secretary may restructure
such existing housing loans, as the Secretary considers
appropriate, for the purpose of ensuring that those projects
have sufficient resources to preserve the projects to provide
safe and affordable housing for low-income residents and farm
laborers, by--
``(1) reducing or eliminating interest;
``(2) deferring loan payments;
``(3) subordinating, reducing, or reamortizing loan debt;
``(4) providing other financial assistance, including
advances, payments, and incentives (including the ability of
owners to obtain reasonable returns on investment) required
by the Secretary; and
``(5) permanently removing a portion of the housing units
from income restrictions when sustained vacancies have
occurred.
``(d) Renewal of Rental Assistance.--
``(1) In general.--When the Secretary proposes to
restructure a loan or agrees to the proposal of an owner to
restructure a loan pursuant to subsection (c), the Secretary
shall offer to renew the rental assistance contract under
section 521(a)(2) for a 20-year term that is subject to
annual appropriations, provided that the owner agrees to
bring the property up to such standards that will ensure
maintenance of the property as decent, safe, and sanitary
housing for the full term of the rental assistance contract.
``(2) Additional rental assistance.--With respect to a
project described in paragraph (1), if rental assistance is
not available for all households in the project for which the
loan is being restructured pursuant to subsection (c), the
Secretary may extend such additional rental assistance to
unassisted households at that project as is necessary to make
the project safe and affordable to low-income households.
``(e) Restrictive Use Agreements.--
``(1) Requirement.--As part of the preservation and
revitalization agreement for a project, the Secretary shall
obtain a restrictive use agreement that is recorded and
obligates the owner to operate the project in accordance with
this title.
``(2) Term.--
``(A) No extension of rental assistance contract.--Except
when the Secretary enters into a 20-year extension of the
rental assistance contract for a project, the term of the
restrictive use agreement for the project shall be consistent
with the term of the restructured loan for the project.
``(B) Extension of rental assistance contract.--If the
Secretary enters into a 20-year extension of the rental
assistance contract for a project, the term of the
restrictive use agreement for the project shall be for the
longer of--
``(i) 20 years; or
``(ii) the remaining term of the loan for that project.
``(C) Termination.--The Secretary may terminate the 20-year
use restrictive use agreement for a project before the end of
the term of the agreement if the 20-year rental assistance
contract for the project with the owner is terminated at any
time for reasons outside the control of the owner.
``(f) Decoupling of Rental Assistance.--
``(1) Renewal of rental assistance contract.--If the
Secretary determines that a maturing loan for a project
cannot reasonably be restructured in accordance with
subsection (c) because it is not financially feasible or the
owner does not agree with the proposed restructuring, and the
project was operating with rental assistance under section
521 and the recipient is a borrower under section 514 or 515,
the Secretary may renew the rental assistance contract,
notwithstanding any provision of section 521, for a term,
subject to annual appropriations, of 20 years.
``(2) Additional rental assistance.--With respect to a
project described in paragraph (1), if rental assistance is
not available for all households in the project for which the
loan is being restructured pursuant to subsection (c), the
Secretary may extend such additional rental assistance to
unassisted households at that project as is necessary to make
the project safe and affordable to low-income households.
``(3) Rents.--Any agreement to extend the term of the
rental assistance contract under section 521 for a project
shall obligate the owner to continue to maintain the project
as decent, safe and sanitary housing and to operate the
development as affordable housing in a manner that meets the
goals of this title, except that the Secretary shall
establish standards for the setting of rents.
``(4) Conditions for approval.--
``(A) Plan.--Before the approval of a rental assistance
contract authorized under this section, the Secretary shall
require the owner to submit to the Secretary a plan that
identifies financing sources and a timetable for renovations
and improvements determined to be necessary by the Secretary
to maintain and preserve the project.
``(B) Automatic approval.--If a plan submitted under
subparagraph (A) is not acted upon by the Secretary within 30
days of the submission, the rental assistance contract is
automatically approved for not more than a 1-year period.
``(g) Multifamily Housing Transfer Technical Assistance.--
Under the program under this section, the Secretary may
provide grants to qualified nonprofit organizations and
public housing agencies to provide technical assistance,
including financial and legal services, to borrowers under
loans under this title for multifamily housing to facilitate
the acquisition or preservation of such multifamily housing
properties in areas where the Secretary determines there is a
risk of loss of affordable housing.
``(h) Administrative Expenses.--Of any amounts made
available for the program under this section for any fiscal
year, the Secretary may use not more than $1,000,000 for
administrative expenses for carrying out such program.
``(i) Authorization of Appropriations.--There is authorized
to be appropriated for the program under this section
$200,000,000 for each of fiscal years 2024 through 2028.
``(j) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Rural Housing Service Reform Act of 2024,
the Secretary shall--
``(A) publish an advance notice of proposed rulemaking; and
``(B) consult with appropriate stakeholders.
``(2) Interim final rule.--Not later than 1 year after the
date of enactment of the Rural Housing Service Reform Act of
2024, the Secretary shall publish an interim final rule to
carry out this section.''.
SEC. 1099A. ELIGIBILITY FOR RURAL HOUSING VOUCHERS.
Section 542 of the Housing Act of 1949 (42 U.S.C. 1490r) is
amended by adding at the end the following:
``(c) Eligibility of Households in Sections 514, 515, and
516 Projects.--The Secretary may provide rural housing
vouchers under this section for any low-income household
(including those not receiving rental assistance) residing
for a term longer than the remaining term of their lease that
is in effect on the date of mortgage maturity, in a property
financed with a loan under section 514 or 515 or a grant
under section 516 that has--
[[Page S5133]]
``(1) been prepaid with or without restrictions imposed by
the Secretary pursuant to section 502(c)(5)(G)(ii)(I);
``(2) been foreclosed; or
``(3) matured after September 30, 2005.''.
SEC. 1099B. AMOUNT OF VOUCHER ASSISTANCE.
Notwithstanding any other provision of law, in the case of
any rural housing voucher provided pursuant to section 542 of
the Housing Act of 1949 (42 U.S.C. 1490r), the amount of the
monthly assistance payment for the household on whose behalf
the assistance is provided shall be determined as provided in
subsection (a) of such section 542, including providing for
interim and annual review of the voucher amount in the event
of a change in household composition or income or rental
rate.
SEC. 1099C. RENTAL ASSISTANCE CONTRACT AUTHORITY.
Section 521(d) of the Housing Act of 1949 (42 U.S.C.
1490a(d)), as amended by section 101(b), is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(B) by inserting after subparagraph (A) the following:
``(B) upon request of an owner of a project financed under
section 514 or 515, the Secretary is authorized to enter into
renewal of such agreements for a period of 20 years or the
term of the loan, whichever is shorter, subject to amounts
made available in appropriations Acts;'';
(C) in subparagraph (C), as so redesignated, by striking
``subparagraph (A)'' and inserting ``subparagraphs (A) and
(B)''; and
(D) in subparagraph (D), as so redesignated, by striking
``subparagraphs (A) and (B)'' and inserting ``subparagraphs
(A), (B), and (C)'';
(2) in paragraph (2), by striking ``shall'' and inserting
``may''; and
(3) by adding at the end the following:
``(4) In the case of any rental assistance contract
authority that becomes available because of the termination
of assistance on behalf of an assisted family--
``(A) at the option of the owner of the rental project, the
Secretary shall provide the owner a period of not more than 6
months before unused assistance is made available pursuant to
subparagraph (B) during which the owner may use such
assistance authority to provide assistance on behalf of an
eligible unassisted family that--
``(i) is residing in the same rental project that the
assisted family resided before the termination; or
``(ii) newly occupies a dwelling unit in the rental project
during that 6-month period; and
``(B) except for assistance used as provided in
subparagraph (A), the Secretary shall use such remaining
authority to provide assistance on behalf of eligible
families residing in other rental projects originally
financed under section 514, 515, or 516.''.
SEC. 1099D. FUNDING FOR TECHNICAL IMPROVEMENTS.
(a) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture such sums
as may be necessary for fiscal year 2024 for improving the
technology of the Department of Agriculture used to process
and manage housing loans.
(b) Timeline.--The improvements required under subsection
(a) shall be made within the 5-year period beginning upon the
appropriation of amounts under subsection (a), and those
amounts shall remain available until the expiration of that
5-year period.
SEC. 1099E. NATIVE CDFI RELENDING PROGRAM.
Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is
amended by adding at the end the following:
``(j) Set Aside for Native Community Development Financial
Institutions.--
``(1) Definitions.--In this subsection--
``(A) the term `Alaska Native' has the meaning given the
term `Native' in section 3(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b));
``(B) the term `appropriate congressional committees'
means--
``(i) the Committee on Agriculture of the Senate;
``(ii) the Committee on Indian Affairs of the Senate;
``(iii) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
``(iv) the Committee on Agriculture of the House of
Representatives;
``(v) the Committee on Natural Resources of the House of
Representatives; and
``(vi) the Committee on Financial Services of the House of
Representatives;
``(C) the term `community development financial
institution' has the meaning given the term in section 103 of
the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4702);
``(D) the term `Indian Tribe' has the meaning given the
term `Indian tribe' in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103);
``(E) the term `Native community development financial
institution' means an entity--
``(i) that has been certified as a community development
financial institution by the Secretary of the Treasury;
``(ii) that is not less than 51 percent owned or controlled
by members of Indian Tribes, Alaska Native communities, or
Native Hawaiian communities; and
``(iii) for which not less than 51 percent of the
activities of the entity serve Indian Tribes, Alaska Native
communities, or Native Hawaiian communities;
``(F) the term `Native Hawaiian' has the meaning given the
term in section 801 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4221); and
``(G) the term `priority Tribal land' means--
``(i) any land located within the boundaries of--
``(I) an Indian reservation, pueblo, or rancheria; or
``(II) a former reservation within Oklahoma;
``(ii) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(I) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
``(II) by an Indian Tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
``(III) by a dependent Indian community;
``(iii) any land located within a region established
pursuant to section 7(a) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(a));
``(iv) Hawaiian Home Lands, as defined in section 801 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4221); or
``(v) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department of
the Interior that are near, adjacent, or contiguous to
reservations where financial assistance and social service
programs are provided to Indians because of their status as
Indians.
``(2) Purpose.--The purpose of this subsection is to--
``(A) increase homeownership opportunities for Indian
Tribes, Alaska Native Communities, and Native Hawaiian
communities in rural areas; and
``(B) provide capital to Native community development
financial institutions to increase the number of mortgage
transactions carried out by those institutions.
``(3) Set aside for native cdfis.--Of amounts appropriated
to make direct loans under this section for each fiscal year,
the Secretary may use not more than $50,000,000 to make
direct loans to Native community development financial
institutions in accordance with this subsection.
``(4) Application requirements.--A Native community
development financial institution desiring a loan under this
subsection shall demonstrate that the institution--
``(A) can provide the non-Federal cost share required under
paragraph (6); and
``(B) is able to originate and service loans for single
family homes.
``(5) Lending requirements.--A Native community development
financial institution that receives a loan pursuant to this
subsection shall--
``(A) use those amounts to make loans to borrowers--
``(i) who otherwise meet the requirements for a loan under
this section; and
``(ii) who--
``(I) are members of an Indian Tribe, an Alaska Native
community, or a Native Hawaiian community; or
``(II) maintain a household in which not less 1 member is a
member of an Indian Tribe, an Alaska Native community, or a
Native Hawaiian community; and
``(B) in making loans under subparagraph (A), give priority
to borrowers described in that subparagraph who are residing
on priority Tribal land.
``(6) Non-federal cost share.--
``(A) In general.--A Native community development financial
institution that receives a loan under this section shall be
required to match not less than 20 percent of the amount
received.
``(B) Waiver.--In the case of a loan for which amounts are
used to make loans to borrowers described in paragraph
(5)(B), the Secretary shall waive the non-Federal cost share
requirement described in subparagraph (A) with respect to
those loan amounts.
``(7) Reporting.--
``(A) Annual report by native cdfis.--Each Native community
development financial institution that receives a loan
pursuant to this subsection shall submit an annual report to
the Secretary on the lending activities of the institution
using the loan amounts, which shall include--
``(i) a description of the outreach efforts of the
institution in local communities to identify eligible
borrowers;
``(ii) a description of how the institution leveraged
additional capital to reach prospective borrowers;
``(iii) the number of loan applications received, approved,
and deployed;
``(iv) the average loan amount;
``(v) the number of finalized loans that were made on
Tribal trust lands and not on Tribal trust lands; and
``(vi) the number of finalized loans that were made on
priority Tribal land and not priority Tribal land.
``(B) Annual report to congress.--Not later than 1 year
after the date of enactment of this subsection, and every
year thereafter, the Secretary shall submit to the
appropriate congressional communities a report that
includes--
[[Page S5134]]
``(i) a list of loans made to Native community development
financial institutions pursuant to this subsection, including
the name of the institution and the loan amount;
``(ii) the percentage of loans made under this section to
members of Indian Tribes, Alaska Native communities, and
Native Hawaiian communities, respectively, including a
breakdown of loans made to households residing on and not on
Tribal trust lands; and
``(iii) the average loan amount made by Native community
development financial institutions pursuant to this
subsection.
``(C) Evaluation of program.--Not later than 3 years after
the date of enactment of this subsection, the Secretary and
the Secretary of the Treasury shall conduct an evaluation of
and submit to the appropriate congressional committees a
report on the program under this subsection, which shall--
``(i) evaluate the effectiveness of the program, including
an evaluation of the demand for loans under the program; and
``(ii) include recommendations relating to the program,
including whether--
``(I) the program should be expanded to such that all
community development financial institutions may make loans
under the program to the borrowers described in paragraph
(5); and
``(II) the set aside amount paragraph (3) should be
modified in order to match demand under the program.
``(8) Grants for operational support.--
``(A) In general.--The Secretary shall make grants to
Native community development financial institutions that
receive a loan under this section to provide operational
support and other related services to those institutions,
subject to--
``(i) to the satisfactory performance, as determined by the
Secretary, of a Native community development financial
institution in carrying out this section; and
``(ii) the availability of funding.
``(B) Amount.--A Native community development financial
institution that receives a loan under this section shall be
eligible to receive a grant described in subparagraph (A) in
an amount equal to 20 percent of the direct loan amount
received by the Native community development financial
institution under the program under this section as of the
date on which the direct loan is awarded.
``(9) Outreach and technical assistance.--There is
authorized to be appropriated to the Secretary $1,000,000 for
each of fiscal years 2024, 2025, and 2026--
``(A) to provide technical assistance to Native community
development financial institutions--
``(i) relating to homeownership and other housing-related
assistance provided by the Secretary; and
``(ii) to assist those institutions to perform outreach to
eligible homebuyers relating to the loan program under this
section; or
``(B) to provide funding to a national organization
representing Native American housing interests to perform
outreach and provide technical assistance as described in
clauses (i) and (ii), respectively, of subparagraph (A).
``(10) Administrative costs.--In addition to other
available funds, the Secretary may use not more than 3
percent of the amounts made available to carry out this
subsection for administration of the programs established
under this subsection.''.
SEC. 1099F. MODIFICATIONS TO LOANS AND GRANTS FOR MINOR
IMPROVEMENTS TO FARM HOUSING AND BUILDINGS.
Section 504(a) of the Housing Act of 1949 (42 U.S.C. 1474)
is amended by striking ``$7,500'' and inserting ``$15,000''.
SEC. 1099G. RURAL COMMUNITY DEVELOPMENT INITIATIVE.
Subtitle E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009 et seq.) is amended by adding at the end
the following:
``SEC. 381O. RURAL COMMUNITY DEVELOPMENT INITIATIVE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a private, nonprofit community-based housing or
community development organization;
``(B) a rural community; or
``(C) a federally recognized Indian Tribe.
``(2) Eligible intermediary.--The term `eligible
intermediary' means a qualified--
``(A) private, nonprofit organization; or
``(B) public organization.
``(b) Establishment.--The Secretary shall establish a Rural
Community Development Initiative, under which the Secretary
shall provide grants to eligible intermediaries to carry out
programs to provide financial and technical assistance to
eligible entities to develop the capacity and ability of
eligible entities to carry out projects to improve housing,
community facilities, and community and economic development
projects in rural areas.
``(c) Amount of Grants.--The amount of a grant provided to
an eligible intermediary under this section shall be not more
than $250,000.
``(d) Matching Funds.--
``(1) In general.--An eligible intermediary receiving a
grant under this section shall provide matching funds from
other sources, including Federal funds for related
activities, in an amount not less than the amount of the
grant.
``(2) Waiver.--The Secretary may waive paragraph (1) with
respect to a project that would be carried out in a
persistently poor rural region, as determined by the
Secretary.''.
SEC. 1099H. ANNUAL REPORT ON RURAL HOUSING PROGRAMS.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.), as amended by this subtitle, is amended by adding at
the end the following:
``SEC. 546. ANNUAL REPORT.
``(a) In General.--The Secretary shall submit to the
appropriate committees of Congress and publish on the website
of the Department of Agriculture an annual report on rural
housing programs carried out under this title, which shall
include significant details on the health of Rural Housing
Service programs, including--
``(1) raw data sortable by programs and by region regarding
loan performance;
``(2) the housing stock of those programs, including
information on why properties end participation in those
programs, such as for maturation, prepayment, foreclosure, or
other servicing issues; and
``(3) risk ratings for properties assisted under those
programs.
``(b) Protection of Information.--The data included in each
report required under subsection (a) may be aggregated or
anonymized to protect participant financial or personal
information.''.
SEC. 1099I. GAO REPORT ON RURAL HOUSING SERVICE TECHNOLOGY.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to Congress a report that includes--
(1) an analysis of how the outdated technology used by the
Rural Housing Service impacts participants in the programs of
the Rural Housing Service;
(2) an estimate of the amount of funding that is needed to
modernize the technology used by the Rural Housing Service;
and
(3) an estimate of the number and type of new employees the
Rural Housing Service needs to modernize the technology used
by the Rural Housing Service.
SEC. 1099J. ADJUSTMENT TO RURAL DEVELOPMENT VOUCHER AMOUNT.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Agriculture shall
issue regulations to establish a process for adjusting the
voucher amount provided under section 542 of the Housing Act
of 1949 (42 U.S.C. 1490r) after the issuance of the voucher
following an interim or annual review of the amount of the
voucher.
(b) Interim Review.--The interim review described in
subsection (a) shall, at the request of a tenant, allow for a
recalculation of the voucher amount when the tenant
experiences a reduction in income, change in family
composition, or change in rental rate.
(c) Annual Review.--
(1) In general.--The annual review described in subsection
(a) shall require tenants to annually recertify the family
composition of the household and that the family income of
the household does not exceed 80 percent of the area median
income at a time determined by the Secretary.
(2) Considerations.--If a tenant does not recertify the
family composition and family income of the household within
the time frame required under paragraph (1), the Secretary of
Agriculture--
(A) shall consider whether extenuating circumstances caused
the delay in recertification; and
(B) may alter associated consequences for the failure to
recertify based on those circumstances.
(3) Effective date.--Following the annual review of a
voucher under subsection (a), the updated voucher amount
shall be effective on the 1st day of the month following the
expiration of the voucher.
(d) Deadline.--The process established under subsection (a)
shall require the Secretary of Agriculture to review and
update the voucher amount described in subsection (a) for a
tenant not later than 60 days before the end of the voucher
term.
SEC. 1099K. TRANSFER OF MULTIFAMILY RURAL HOUSING PROJECTS.
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is
amended--
(1) in subsection (h), by adding at the end the following:
``(3) Transfer to nonprofit organizations.--A nonprofit or
public body purchaser, including a limited partnership with a
general partner that is a nonprofit or is controlled by a
nonprofit, may purchase a property for which a loan is made
or insured under this section that has received a market
value appraisal, without addressing rehabilitation needs at
the time of purchase, if the purchaser--
``(A) makes a commitment to address rehabilitation needs
during ownership and long-term use restrictions on the
property; and
``(B) at the time of purchase, accepts long-term use
restrictions on the property.''; and
(2) in subsection (w)(1), in the first sentence in the
matter preceding subparagraph (A), by striking ``9 percent''
and inserting ``50 percent''.
SEC. 1099L. EXTENSION OF LOAN TERM.
(a) In General.--Section 502(a)(2) of the Housing Act of
1949 (42 U.S.C. 1472(a)(2)) is amended--
(1) by inserting ``(A)'' before ``The Secretary'';
(2) in subparagraph (A), as so designated, by striking
``paragraph'' and inserting ``subparagraph''; and
(3) by adding at the end the following:
[[Page S5135]]
``(B) The Secretary may extend the period of any loan made
under this section in accordance with terms and conditions as
the Secretary shall prescribe, but in no event shall the
total term of the loan exceed 40 years.''.
(b) Application.--The amendment made under subsection (a)
shall apply with respect to loans made under section 502 of
the Housing Act of 1949 (42 U.S.C. 1472) before, on, or after
the date of enactment of this Act.
______
SA 2908. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. INDIAN BUFFALO MANAGEMENT.
(a) Findings; Purposes.--
(1) Findings.--Congress finds that--
(A) buffalo sustained a majority of Indian Tribes in North
America for many centuries before buffalo were nearly
exterminated by non-Indian hunters in the mid-1800s;
(B) the historical, cultural, and spiritual connection
between buffalo and Indian Tribes has not diminished over
time;
(C) Indian Tribes have long desired the reestablishment of
buffalo throughout Indian country for cultural, spiritual,
and subsistence purposes; and
(D) the successful restoration of buffalo would allow an
Indian Tribe to benefit from--
(i) the reintroduction of buffalo into the diets of the
members of the Indian Tribe;
(ii) the rekindling of the spiritual and cultural
relationship between buffalo and the Indian Tribe; and
(iii) the use of buffalo for economic development, in the
case of an Indian Tribe that chooses to use buffalo for
economic development.
(2) Purposes.--The purposes of this section are--
(A) to fulfill the government-to-government relationship
between Tribal governments and the United States in the
management of buffalo and buffalo habitat;
(B) to promote and develop the capacity of Indian Tribes
and Tribal organizations to manage buffalo and buffalo
habitat;
(C) to protect, conserve, and enhance buffalo, which are
important to the subsistence, culture, and economic
development of many Indian Tribes;
(D) to promote the development and use of buffalo and
buffalo habitat for the maximum practicable benefit of Indian
Tribes and Tribal organizations, through management of
buffalo and buffalo habitats in accordance with integrated
resource management plans developed by Indian Tribes and
Tribal organizations;
(E) to develop buffalo herds and increase production of
buffalo in order to meet Tribal subsistence, health,
cultural, and economic development needs; and
(F) to promote the inclusion of Indian Tribes and Tribal
organizations in Department of the Interior, local, regional,
national, or international--
(i) decision-making processes; and
(ii) forums.
(b) Definitions.--In this section:
(1) Buffalo.--The term ``buffalo'' means an animal of the
genus: Bison, species: bison, subspecies: bison.
(2) Buffalo habitat.--The term ``buffalo habitat'' means
Indian land that is managed for buffalo.
(3) Department.--The term ``Department'' means the
Department of the Interior.
(4) Indian land.--The term ``Indian land'' has the meaning
given the term in paragraph (2) of section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501), except that, in that
paragraph, the term ``Indian reservation'' shall be
considered to have the meaning given the term ``Indian
reservation'' in paragraph (3) of that section, without
regard to the date specified in paragraph (3) of that
section.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal organization.--The term ``Tribal organization''
means any legally established organization of Indians that--
(A)(i) is chartered under section 17 of the Act of June 18,
1934, (commonly known as the ``Indian Reorganization Act'';
25 U.S.C. 5124) and recognized by the governing body of one
or more Indian Tribes; or
(ii) is a Tribal corporation federally chartered under
section 3 of the Oklahoma Indian Welfare Act (25 U.S.C.
5203); and
(B) has demonstrable experience in the restoration of
buffalo and buffalo habitat on Indian land.
(c) Buffalo Resource Management.--
(1) Program established.--The Secretary shall establish a
permanent program within the Department for the purposes of--
(A) promoting and developing the capacity of Indian Tribes
and Tribal organizations to manage buffalo and buffalo
habitat;
(B) promoting the ability of Indian Tribes and Tribal
organizations to protect, conserve, and enhance populations
of buffalo that are owned by Indian Tribes or Tribal
organizations;
(C) promoting the development and use of buffalo and
buffalo habitat for the maximum practicable benefit of Indian
Tribes and Tribal organizations; and
(D) promoting the inclusion of Indian Tribes and Tribal
organizations in Department, international, national,
regional, and local decision making and forums regarding
buffalo and buffalo habitat.
(2) Contracts and grants authorized.--
(A) In general.--The Secretary shall enter into contracts
and cooperative agreements with, and award grants to, Indian
Tribes and Tribal organizations to enable the Indian Tribes
and Tribal organizations--
(i) to plan, conduct, or implement a buffalo restoration or
management program;
(ii) to plan and execute commercial activities related to
buffalo or buffalo products; or
(iii) to carry out other activities relating to buffalo
restoration and management.
(B) No diminishment of laws and regulations.--Nothing in
this paragraph diminishes any Federal or State law (including
regulations) regarding diseased buffalo or buffalo that
escape from Indian land.
(3) Technical assistance.--The Secretary shall provide
technical assistance to an Indian Tribe or Tribal
organization that enters into a contract or cooperative
agreement or receives a grant under this subsection to assist
the Indian Tribe or Tribal organization in--
(A) carrying out the activities of a buffalo or buffalo
habitat restoration or management program; and
(B) implementing the activities described in clauses (i)
through (iii) of paragraph (2)(A).
(d) Consultation; Coordination.--
(1) Consultation.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than once
every year thereafter, the Secretary shall consult with
Indian Tribes and Tribal organizations on initiatives of the
Department that affect buffalo or buffalo habitat, including
efforts of the Department to contain or eradicate diseased
buffalo.
(2) Coordination.--The Secretary shall develop a policy
relating to buffalo and buffalo habitat management activities
on Indian land, in accordance with--
(A) the goals and objectives described in buffalo
management programs approved by Indian Tribes and Tribal
organizations; and
(B) Tribal laws and ordinances.
(e) Protection of Information.--Notwithstanding any other
provision of law, the Secretary shall not disclose or cause
to be disclosed any information provided to the Secretary by
an Indian Tribe or Tribal organization that is identified by
the Indian Tribe or Tribal organization as culturally
sensitive, proprietary, or otherwise confidential.
(f) Buffalo From Federal Land.--
(1) In general.--The Secretary may enter into an agreement
with an Indian Tribe or Tribal organization to dispose of
surplus buffalo on Federal land administered by the
Department, as applicable, by transporting such buffalo onto
Indian land.
(2) Application.--An Indian Tribe or Tribal organization
may submit to the Secretary an application to receive buffalo
described in paragraph (1) at such time, in such manner, and
containing such information as the Secretary may require.
(3) Waiver of charges.--The Secretary may waive any charges
for the buffalo described in paragraph (1), including any
deposit or payment for services as described in section 10.2
of title 36, Code of Federal Regulations (or any successor
regulation).
(g) Treaty Rights Retained.--Nothing in this section
alters, modifies, diminishes, or extinguishes the treaty
rights of any Indian Tribe.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$14,000,000 for fiscal year 2025 and each fiscal year
thereafter.
______
SA 2909. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1095. PROHIBITION ON CERTAIN CONNECTED VEHICLES NEAR
MILITARY INSTALLATIONS, CERTAIN FACILITIES OF
THE FEDERAL GOVERNMENT, AND SENSITIVE
INFRASTRUCTURE.
(a) Findings.--Congress finds the following:
(1) Information and communications technology and services
integral to connected vehicles generally enable safer and
more fuel-efficient travel for drivers and passengers.
(2) Such technology and services that are designed,
developed, manufactured, or supplied by persons owned by,
controlled by, or subject to the jurisdiction or direction of
foreign adversaries can offer a direct entry point to
sensitive technology and data and bypass measures intended to
protect the safety and security of United States persons,
[[Page S5136]]
posing an unacceptable risk to the national security of the
United States.
(b) Prohibition.--The President shall prohibit the
operation of covered technology within 25 miles of a military
installation, a facility of the Federal Government (excluding
a facility of the United States Postal Service), or sensitive
infrastructure.
(c) Enforcement.--The President may direct the Attorney
General, and the heads of other Federal agencies as the
President determines appropriate, to prescribe regulations
necessary to enforce the prohibition under subsection (b).
(d) Study.--
(1) In general.--The Secretary of Homeland Security, the
Director of National Intelligence, the Attorney General, and
the Secretary of Defense shall jointly conduct a study on the
national security concerns that covered technology presents
to the United States.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security,
the Director of National Intelligence, the Attorney General,
and the Secretary of Defense shall jointly submit to Congress
a report on the study conducted under paragraph (1).
(e) Definitions.--In this section:
(1) Covered technology.--The term ``covered technology''
means connected vehicles manufactured in a country that is a
foreign adversary.
(2) Foreign adversary.--The term ``foreign adversary'' has
the meaning given that term in section 7.4 of title 15, Code
of Federal Regulations, or successor regulations.
(3) Military installation.--The term ``military
installation'' has the meaning given that term in section
2801(c)(4) of title 10, United States Code.
(4) Sensitive infrastructure.--The term ``sensitive
infrastructure'' has the meaning given that term through
regulations prescribed jointly by the Secretary of Homeland
Security, the Secretary of Transportation, the Secretary of
Commerce, the Director of National Intelligence, the Attorney
General, the Secretary of Energy, and the Secretary of
Defense.
______
SA 2910. Mr. REED (for himself and Ms. Lummis) submitted an amendment
intended to be proposed by him to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle ___--Property Improvement and Manufactured Housing Loan
Modernization
SEC. ___01. SHORT TITLE.
This subtitle may be cited as the ``Property Improvement
and Manufactured Housing Loan Modernization Act of 2024''.
SEC. ___02. NATIONAL HOUSING ACT AMENDMENTS.
(a) In General.--Section 2 of the National Housing Act (12
U.S.C. 1703) is amended--
(1) in subsection (a), by inserting ``construction of
additional or accessory dwelling units, as defined by the
Secretary,'' after ``improvements,''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) $75,000 if made for the purpose of financing
alterations, repairs and improvements upon or in connection
with an existing single-family structure, including a
manufactured home;'';
(ii) in subparagraph (B)--
(I) by striking ``$60,000'' and inserting ``$150,000'';
(II) by striking ``$12,000'' and inserting ``$37,500''; and
(III) by striking ``an apartment house or'';
(iii) by striking subparagraphs (C) and (D) and inserting
the following:
``(C)(i) $106,405 if made for the purpose of financing the
purchase of a single-section manufactured home; and
``(ii) $195,322 if made for the purpose of financing the
purchase of a multi-section manufactured home;
``(D)(i) $149,782 if made for the purpose of financing the
purchase of a single-section manufactured home and a suitably
developed lot on which to place the home; and
``(ii) $238,699 if made for the purpose of financing the
purchase of a multi-section manufactured home and a suitably
developed lot on which to place the home;'';
(iv) in subparagraph (E)--
(I) by striking ``$23,226'' and inserting ``$43,377''; and
(II) by striking the period at the end and inserting a
semicolon;
(v) in subparagraph (F), by striking ``and'' at the end;
(vi) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(vii) by inserting after subparagraph (G) the following:
``(H) such principal amount as the Secretary may prescribe
if made for the purpose of financing the construction of an
accessory dwelling unit.''; and
(viii) in the matter preceding paragraph (2)--
(I) by striking ``regulation'' and inserting ``notice'';
(II) by striking ``increase'' and inserting ``set'';
(III) by striking ``(ii), (C), (D), and (E)'' and inserting
``through (H)'';
(IV) by inserting ``, or as necessary to achieve the goals
of the Federal Housing Administration, periodically reset the
dollar amount limitations in subparagraphs (A) through (H)
based on justification and methodology set forth in advance
by regulation'' before the period at the end; and
(V) by adjusting the margins appropriately;
(B) in paragraph (3), by striking ``exceeds--'' and all
that follows through the period at the end and inserting
``exceeds such period of time as determined by the Secretary,
not to exceed 30 years.'';
(C) by striking paragraph (9) and inserting the following:
``(9) Annual Indexing of Certain Dollar Amount
Limitations.--The Secretary shall develop or choose 1 or more
methods of indexing in order to annually set the loan limits
established in paragraph (1), based on data the Secretary
determines is appropriate for purposes of this section.'';
and
(D) in paragraph (11), by striking ``lease--'' and all that
follows through the period at the end and inserting ``unless
such lease meets the terms and conditions established by the
Secretary''.
(b) Deadline for Development or Choice of New Index;
Interim Index.--
(1) Deadline for development or choice of new index.--Not
later than 1 year after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall develop
or choose 1 or more methods of indexing as required under
section 2(b)(9) of the National Housing Act (12 U.S.C.
1703(b)(9)), as amended by subsection (a) of this section.
(2) Interim index.--During the period beginning on the date
of enactment of this Act and ending on the date on which the
Secretary of Housing and Urban Development develops or
chooses 1 or more methods of indexing as required under
section 2(b)(9) of the National Housing Act (12 U.S.C.
1703(b)(9)), as amended by subsection (a) of this section,
the method of indexing established by the Secretary under
that section before the date of enactment of this Act shall
apply.
SEC. ___03. GAO STUDY OF FACTORY-BUILT HOUSING.
(a) Definitions.--In this section:
(1) Factory-built housing.--The term ``factory-built
housing'' includes manufactured homes and modular homes.
(2) Manufactured home.--The term ``manufactured home''
means any home that complies with the standards established
under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).
(3) Modular home.--The term ``modular home'' has the
meaning given the term in section 1027(c) of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5517(c)).
(b) Study.--The Comptroller General shall study and submit
to Congress a report on the economic benefits of and
regulatory barriers to increasing the supply and availability
of factory-built housing, including both manufactured homes
and modular homes, to address the critical need for
additional housing supply in the United States, including--
(1) an analysis of the efficiencies and other benefits
gained from factory-built processes, such as gains from
economies of scale, bulk purchase of materials, reduced
material waste, reduced environmental impact, improved
workplace safety, and steady employment opportunities;
(2) an analysis of homeowner operating costs for new,
properly maintained factory-built housing compared to other
similarly-priced housing options; and
(3) an analysis of regulatory costs and barriers that may
exist at the Federal, State, and local level, such as zoning
restrictions for manufactured homes, that may limit the use
of factory-built housing for single-family housing, as well
as for other applications, including accessory dwelling
units, two- to four-unit housing, and large multifamily
housing.
______
SA 2911. Ms. ERNST (for herself and Mr. Fetterman) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. AUTHORITY OF COMMITTEE ON FOREIGN INVESTMENT IN
THE UNITED STATES TO REVIEW CERTAIN REAL ESTATE
PURCHASES BY FOREIGN ENTITIES OF CONCERN.
(a) Definitions.--Section 721(a) of the Defense Production
Act of 1950 (50 U.S.C. 4565(a)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
[[Page S5137]]
``(iii) any transaction described in subparagraph (B)(vi)
that is proposed or pending on or after the date of enactment
of this clause.''; and
(B) in subparagraph (B), by adding at the end the
following:
``(vi) Subject to subparagraph (C), the purchase or lease
by, or a concession to, a foreign entity of concern of
private or public real estate in the United States if--
``(I)(aa) the value of the purchase, lease, or concession--
``(AA) exceeds $5,000,000; or
``(BB) in combination with the value of other such
purchases or leases by, or concessions to, the same foreign
entity of concern during the preceding 3 years, exceeds
$5,000,000; or
``(bb) the real estate--
``(AA) exceeds 320 acres; or
``(BB) in combination with other private or public real
estate in the United States purchased or leased by, or for
which a concession is provided to, the same foreign entity of
concern during the preceding 3 years, exceeds 320 acres; and
``(II) the real estate is primarily used for--
``(aa) agriculture, including raising of livestock and
forestry;
``(bb) the extraction of fossil fuels or natural gas or the
purchase or lease of a renewable energy source; or
``(cc) the extraction of critical precursor materials for
biological technology industries, information technology
components, or national defense technologies.'';
(2) by redesignating paragraphs (7) through (13) as
paragraphs (8) through (14), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Foreign entity of concern.--The term `foreign entity
of concern' has the meaning given that term in section 9901
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).''.
(b) Inclusion of Secretary of Agriculture and Commissioner
of Food and Drugs on Committee On Foreign Investment in the
United States.--Section 721(k)(2) of the Defense Production
Act of 1950 (50 U.S.C. 4565(k)(2)) is amended--
(1) by redesignating subparagraphs (H) through (J) as
subparagraphs (J) through (L), respectively; and
(2) by inserting after subparagraph (G) the following:
``(H) The Secretary of Agriculture.
``(I) The Commissioner of Food and Drugs.''.
(c) Annual Report.--Section 721(m) of the Defense
Production Act of 1950 (50 U.S.C. 4565(m)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) List of real estate owned by foreign entities of
concern.--The President and such agencies as the President
shall designate shall include in the annual report submitted
under paragraph (1) a list of all real estate in the United
States owned by--
``(A) a foreign entity of concern; or
``(B) a person closely associated with a foreign entity of
concern.''.
(d) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date of enactment of this Act; and
(2) apply with respect to any covered transaction (as
defined in section 721(a) of the Defense Production Act of
1950 (50 U.S.C. 4565(a))) the review or investigation of
which is initiated under section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565) on or after that date
of enactment.
(e) Assessment and Report.--Not later than 180 days after
the date of enactment of this Act, the Secretary of the
Treasury shall conduct, and submit to Congress a report
describing the results of, an assessment of the feasibility
of requiring retroactive divestment of real estate owned by
foreign entities of concern (as defined in section 721(a) of
the Defense Production Act of 1950 (50 U.S.C. 4565(a))) (as
amended by subsection (a)).
______
SA 2912. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, insert the
following:
SEC. 710. REQUIRING ANY PHARMACY BENEFIT MANAGER THAT
CONTRACTS WITH TRICARE TO PASS THROUGH ANY
REBATES, PRICE CONCESSIONS, ALTERNATIVE
DISCOUNTS, OR OTHER REMUNERATION.
Section 1074g(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11)(A) Beginning on January 1, 2025, the Secretary may
not contract with a pharmacy benefit manager under the
pharmacy benefits program unless the pharmacy benefit manager
meets the following requirements:
``(i) The pharmacy benefit manager shall disclose to the
Secretary (in a form and manner specified by the Secretary)--
``(I) for each category or class of drugs for which a claim
was filed, a breakdown of the total gross spending on drugs
in such category or class before rebates, price concessions,
alternative discounts, or other remuneration from drug
manufacturers, and the net spending after such rebates, price
concessions, alternative discounts, or other remuneration
from drug manufacturers; and
``(II) any administrative or other fees received from drug
manufacturers.
``(ii)(I) The pharmacy benefit manager shall not accept any
remuneration for services provided by the pharmacy benefit
manager other than bona fide service fees.
``(II) For purposes of this clause, a `bona fide service
fee'--
``(aa) shall be related to services actually provided by
the pharmacy benefit manager;
``(bb) shall reflect the fair market value of such
services; and
``(cc) may include an incentive payment if such payment is
a flat dollar amount, rather than based or contingent upon
the manufacturer list price or other related drug price
benchmarks and factors.
``(III) Rebates, price concessions, alternative discounts,
or other remuneration from drug manufacturers, even if such
price concessions are calculated as a percentage of a drug's
price, shall not be considered a violation of the
requirements of subclause (I) if they are fully passed
through to the pharmacy benefits program and exclusively used
to lower costs for prescription drugs under such program.
``(iii) The pharmacy benefit manager shall not engage in
any form of spread pricing, whereby any amount charged or
claimed by the pharmacy benefit manager exceeds the amount
paid to a pharmacy on behalf of the pharmacy benefits
program. The amount of payment to a pharmacy benefit manager
for covered outpatient drugs under the pharmacy benefits
program may not exceed the ingredient costs for the drug and
a professional dispensing fee.
``(B) In this paragraph, the term `pharmacy benefit
manager' means any person or entity that, either directly or
through an intermediary, acts as a price negotiator or group
purchaser on behalf of the pharmacy benefits program, or
manages the prescription drug benefits provided under such
program, including the processing and payment of claims for
prescription drugs, the performance of drug utilization
review, the processing of drug prior authorization requests,
the adjudication of appeals or grievances related to the
pharmacy benefits program, contracting with network
pharmacies, controlling the cost of prescription drugs, or
the provision of related services. Such term includes any
person or entity that carries out one or more of the
activities described in the preceding sentence, irrespective
of whether such person or entity identifies itself as a
`pharmacy benefit manager'.''.
______
SA 2913. Ms. WARREN submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, insert the
following:
SEC. 710. REQUIRING ANY PHARMACY BENEFIT MANAGER THAT
CONTRACTS WITH TRICARE TO MEET REQUIREMENTS
RELATING TO FORMULARY INTEGRITY.
Section 1074g(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(11)(A) Beginning on January 1, 2025, the Secretary may
not contract with a pharmacy benefit manager under the
pharmacy benefits program unless the pharmacy benefit
manager--
``(i) bases formulary tier placement on list price for
drugs that are considered therapeutically competitive
(defined as drugs containing the same active ingredient); and
``(ii) places the drug with the lowest list price on a
lower, or cheaper, formulary tier than its therapeutic
competitors with higher list prices.
``(B) In this paragraph, the term `pharmacy benefit
manager' means any person or entity that, either directly or
through an intermediary, acts as a price negotiator or group
purchaser on behalf of the pharmacy benefits program, or
manages the prescription drug benefits provided under such
program, including the processing and payment of claims for
prescription drugs, the performance of drug utilization
review, the processing of drug prior authorization requests,
the adjudication of appeals or grievances related to the
pharmacy benefits program, contracting with network
pharmacies, controlling the cost of prescription drugs, or
the provision of related services. Such term includes any
person or entity that carries out one or more of the
activities described in the preceding sentence, irrespective
of whether such person or entity identifies itself as a
`pharmacy benefit manager'.''.
______
SA 2914. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction,
[[Page S5138]]
and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle I--Antisemitism Awareness
SEC. 1096. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), prohibits discrimination on the basis of
race, color, and national origin in programs and activities
receiving Federal financial assistance;
(2) while such title does not cover discrimination based
solely on religion, individuals who face discrimination based
on actual or perceived shared ancestry or ethnic
characteristics do not lose protection under such title for
also being members of a group that share a common religion;
(3) discrimination against Jews may give rise to a
violation of such title when the discrimination is based on
race, color, or national origin, which can include
discrimination based on actual or perceived shared ancestry
or ethnic characteristics;
(4) it is the policy of the United States to enforce such
title against prohibited forms of discrimination rooted in
antisemitism as vigorously as against all other forms of
discrimination prohibited by such title; and
(5) as noted in the U.S. National Strategy to Counter
Antisemitism issued by the White House on May 25, 2023, it is
critical to--
(A) increase awareness and understanding of antisemitism,
including its threat to America;
(B) improve safety and security for Jewish communities;
(C) reverse the normalization of antisemitism and counter
antisemitic discrimination; and
(D) expand communication and collaboration between
communities.
SEC. 1096A. FINDINGS.
Congress finds the following:
(1) Antisemitism is on the rise in the United States and is
impacting Jewish students in K-12 schools, colleges, and
universities.
(2) The International Holocaust Remembrance Alliance
(referred to in this subtitle as the ``IHRA'') Working
Definition of Antisemitism is a vital tool which helps
individuals understand and identify the various
manifestations of antisemitism.
(3) On December 11, 2019, Executive Order 13899 extended
protections against discrimination under the Civil Rights Act
of 1964 to individuals subjected to antisemitism on college
and university campuses and tasked Federal agencies to
consider the IHRA Working Definition of Antisemitism when
enforcing title VI of such Act.
(4) Since 2018, the Department of Education has used the
IHRA Working Definition of Antisemitism when investigating
violations of that title VI.
(5) The White House released the first-ever United States
National Strategy to Counter Antisemitism on May 25, 2023,
making clear that the fight against this hate is a national,
bipartisan priority that must be successfully conducted
through a whole-of-government-and-society approach.
SEC. 1096B. DEFINITIONS.
For purposes of this subtitle, the term ``definition of
antisemitism''--
(1) means the definition of antisemitism adopted on May 26,
2016, by the IHRA, of which the United States is a member,
which definition has been adopted by the Department of State;
and
(2) includes the ``[c]ontemporary examples of
antisemitism'' identified in the IHRA definition.
SEC. 1096C. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964.
In reviewing, investigating, or deciding whether there has
been a violation of title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.) on the basis of race, color, or
national origin, based on an individual's actual or perceived
shared Jewish ancestry or Jewish ethnic characteristics, the
Department of Education shall take into consideration the
definition of antisemitism as part of the Department's
assessment of whether the practice was motivated by
antisemitic intent.
SEC. 1096D. OTHER RULES OF CONSTRUCTION.
(a) General Rule of Construction.--Nothing in this subtitle
shall be construed--
(1) to expand the authority of the Secretary of Education;
(2) to alter the standards pursuant to which the Department
of Education makes a determination that harassing conduct
amounts to actionable discrimination; or
(3) to diminish or infringe upon the rights protected under
any other provision of law that is in effect as of the date
of enactment of this Act.
(b) Constitutional Protections.--Nothing in this subtitle
shall be construed to diminish or infringe upon any right
protected under the First Amendment to the Constitution of
the United States.
______
SA 2915. Mr. HEINRICH (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ____. COMPTROLLER GENERAL OF THE UNITED STATES REPORT
DESCRIBING AN ARTIFICIAL INTELLIGENCE
COMPETITIVENESS METHODOLOGY FRAMEWORK.
(a) In General.--Not later than one year after the date of
the enactment of this section, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives a report that describes a methodology
framework to evaluate competitiveness in the field of
artificial intelligence and to assess availability of data
across selected Federal Government entities.
(b) Applicability to Other Technologies.--The Comptroller
General shall ensure that the methodology framework described
in the report required by subsection (a) can also be applied
to other critical and emerging technologies in the near
future, such as quantum computing, biotechnology, and
hypersonics.
(c) Considerations.--In preparing the report required by
subsection (a), the Comptroller General--
(1) shall consider relevant technical and other measures
that can be historically analyzed but also be projected
forward prospectively; and
(2) may consider the adequacy of existing artificial
intelligence definitions currently in use by the United
States Government in light of recent technological advances
in areas such as machine learning techniques, processor
designs, and evolving domestic as well as international
regulatory structures.
(d) Matters Addressed.--The report required by subsection
(a) shall address the following matters, in addition to any
other lines of inquiry deemed appropriate by the Comptroller
General:
(1) What is known about current and projected artificial
intelligence capacity and capabilities of the United States,
both within the private and public sectors.
(2) What is known about the artificial intelligence
competitiveness of the United States relative to our peer
nations and adversaries, both within the private and public
sectors.
(3) What methodology framework is most appropriate to
evaluate relative artificial intelligence competitiveness for
both artificial intelligence development and deployment.
(4) What data and measurements are needed to evaluate
artificial intelligence competitiveness using such a
methodology.
(5) What the availability is of quality data across the
Federal Government, and other entities, for such
measurements.
(6) What definition of artificial intelligence is most
appropriate for characterizing competitiveness.
(7) What steps, if any, would improve sustained evaluation
of United States competitiveness on artificial intelligence,
and what impediments exist, if any, to taking these steps.
(e) Form.--The report required by subsection (a) shall be
submitted in unclassified form, and may include a classified
annex.
______
SA 2916. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle __--Deterrent Act
SEC. ___. SHORT TITLE.
This subtitle may be cited as the ``Defending Education
Transparency and Ending Rogue Regimes Engaging in Nefarious
Transactions Act'' or the ``DETERRENT Act''.
SEC. ___. DISCLOSURES OF FOREIGN GIFTS.
(a) In General.--Section 117 of the Higher Education Act of
1965 (20 U.S.C. 1011f) is amended to read as follows:
``SEC. 117. DISCLOSURES OF FOREIGN GIFTS.
``(a) Disclosure Reports.--
``(1) Aggregate gifts and contract disclosures.--An
institution shall file a disclosure report, in accordance
with subsection (b)(1), with the Secretary on July 31 of the
calendar year immediately following any calendar year in
which--
``(A) the institution receives a gift from, or enters into
a contract with, a foreign source (other than a foreign
country of concern or foreign entity of concern)--
``(i) the value of which is $50,000 or more, considered
alone or in combination with all other gifts from, or
contracts with, that foreign source within the calendar year;
or
``(ii) the value of which is undetermined; or
``(B) the institution receives a gift from a foreign
country of concern or foreign entity of concern, or, upon
receiving a waiver under section 117A to enter into a
contract with such a country or entity, enters into such
contract, without regard to the value of such gift or
contract.
``(2) Foreign-source ownership or control disclosures.--In
the case of an institution that is substantially controlled
(as described in section 668.174(c)(3) of title 34,
[[Page S5139]]
Code of Federal Regulations) (or successor regulations)) by a
foreign source, the institution shall file a disclosure
report, in accordance with subsection (b)(2), with the
Secretary on July 31 of each year.
``(3) Treatment of affiliated entities.--For purposes of
this section, any gift to, or contract with, an affiliated
entity of an institution shall be considered a gift to or
contract with, respectively, such institution.
``(b) Contents of Report.--
``(1) Gifts and contracts.--Each report to the Secretary
required under subsection (a)(1) shall contain the following:
``(A) With respect to a gift received from, or a contract
entered into with, any foreign source--
``(i) the terms of such gift or contract, including--
``(I) the name of the individual, department, or benefactor
at the institution receiving the gift or carrying out the
contract on behalf of the institution;
``(II) the intended purpose of such gift or contract, as
provided to the institution by such foreign source, or if no
such purpose is provided by such foreign source, the intended
use of such gift or contract, as provided by the institution;
and
``(III) in the case of a restricted or conditional gift or
contract, a description of the restrictions or conditions of
such gift or contract;
``(ii) with respect to a gift--
``(I) the total fair market dollar amount or dollar value
of the gift, as of the date of submission of such report; and
``(II) the date on which the institution received such
gift;
``(iii) with respect to a contract--
``(I) the total fair market dollar amount or dollar value
of the contract, as of the date of submission of such report;
``(II) the date on which such contract commences;
``(III) as applicable, the date on which such contract
terminates; and
``(IV) an assurance that the institution will--
``(aa) maintain an unredacted copy of the contract until
the latest of--
``(AA) the date that is 5 years after the date on which the
contract commences;
``(BB) the date on which the contract terminates; or
``(CC) the last day of any period that applicable State law
requires a copy of such contract to be maintained; and
``(bb) upon request of the Secretary during an
investigation under section 117D(a)(1), produce such an
unredacted copy of the contract; and
``(iv) an assurance that in a case in which information is
required to be disclosed under this section with respect to a
gift or contract that is not in English, such information is
translated into English in compliance with the requirements
of subsection (c).
``(B) With respect to a gift received from, or a contract
entered into with, a foreign source that is a foreign
government (other than the government of a foreign country of
concern)--
``(i) the name of such foreign government;
``(ii) the department, agency, office, or division of such
foreign government that approved such gift or contract, as
applicable; and
``(iii) the physical mailing address of such department,
agency, office, or division.
``(C) With respect to a gift received from, or contract
entered into with, a foreign source (other than a foreign
government subject to the requirements of subparagraph (B))--
``(i) the legal name of the foreign source, or, if such
name is not available, a statement certified by the
compliance officer, in accordance with subsection (f)(2),
that the institution has reasonably attempted to obtain such
name;
``(ii) in the case of a foreign source that is a natural
person, the country of citizenship of such person, or, if
such country is not known, the principal country of residence
of such person;
``(iii) in the case of a foreign source that is a legal
entity, the country in which such entity is incorporated, or
if such information is not available, the principal place of
business of such entity;
``(iv) the physical mailing address of such foreign source,
or if such address is not available, a statement certified by
the compliance officer, in accordance with subsection (f)(2),
that the institution has reasonably attempted to obtain such
address; and
``(v) any affiliation of the foreign source to an
organization that is designated as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
``(D) With respect to a contract entered into with a
foreign source that is a foreign country of concern or a
foreign entity of concern--
``(i) a complete and unredacted text of the original
contract, and if such original contract is not in English, a
translated copy of the text into English in compliance with
the requirements of subsection (c);
``(ii) a copy of the waiver received under section 117A for
such contract; and
``(iii) the statement submitted by the institution for
purposes of receiving such a waiver under section 117A(b)(1).
``(2) Foreign source ownership or control.--Each report to
the Secretary required under subsection (a)(2) shall
contain--
``(A) the legal name and address of the foreign source that
owns or controls the institution;
``(B) the date on which the foreign source assumed
ownership or control; and
``(C) any changes in program or structure resulting from
the change in ownership or control.
``(c) Translation Requirements.--Any information required
to be disclosed under this section with respect to a gift or
contract that is not in English shall be translated, for
purposes of such disclosure, by a person that is not an
affiliated entity or agent of the foreign source involved
with such gift or contract.
``(d) Public Inspection.--
``(1) Database requirement.--Beginning not later than 60
days before the July 31 immediately following the date of the
enactment of the DETERRENT Act, the Secretary shall--
``(A) establish and maintain a searchable database on a
website of the Department, under which all reports submitted
under this section (including any report submitted under this
section before the date of the enactment of the DETERRENT
Act)--
``(i) are made publicly available (in electronic and
downloadable format), including any information provided in
such reports (other than the information prohibited from
being publicly disclosed pursuant to paragraph (2));
``(ii) can be individually identified and compared; and
``(iii) are searchable and sortable by--
``(I) the date the institution filed such report;
``(II) the date on which the institution received the gift,
or entered into the contract, which is the subject of the
report;
``(III) the attributable country of such gift or contract;
and
``(IV) the name of the foreign source (other than a foreign
source that is a natural person);
``(B) not later than 30 days after receipt of a disclosure
report under this section, include such report in such
database;
``(C) indicate, as part of the public record of a report
included in such database, whether the report is with respect
to a gift received from, or a contract entered into with--
``(i) a foreign source that is a foreign government; or
``(ii) a foreign source that is not a foreign government;
and
``(D) with respect to a disclosure report that does not
include the name or address of a foreign source, indicate, as
part of the public record of such report included in such
database, that such report did not include such information.
``(2) Name and address of foreign source.--The Secretary
shall not disclose the name or address of a foreign source
that is a natural person (other than the attributable country
of such foreign source) included in a disclosure report--
``(A) as part of the public record of such disclosure
report described in paragraph (1); or
``(B) in response to a request under section 552 of title
5, United States Code (commonly known as the `Freedom of
Information Act'), pursuant to subsection (b)(3) of such
section.
``(e) Interagency Information Sharing.--Not later than 30
days after receiving a disclosure report from an institution
in compliance with this section, the Secretary shall transmit
an unredacted copy of such report (that includes the name and
address of a foreign source disclosed in such report) to the
Director of the Federal Bureau of Investigation, the Director
of National Intelligence, the Director of the Central
Intelligence Agency, the Secretary of State, the Secretary of
Defense, the Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, the Secretary of Energy, the
Director of the National Science Foundation, and the Director
of the National Institutes of Health.
``(f) Compliance Officer.--Any institution that is required
to file a disclosure report under subsection (a) shall
designate, before the filing deadline for such report, and
maintain a compliance officer, who shall--
``(1) be a current employee or legally authorized agent of
such institution; and
``(2) be responsible, on behalf of the institution, for
personally certifying accurate compliance with the foreign
gift reporting requirement under this section.
``(g) Definitions.--In this section:
``(1) Affiliated entity.--The term `affiliated entity',
when used with respect to an institution, means an entity or
organization that operates primarily for the benefit of, or
under the auspices of, such institution, including a
foundation of the institution or a related entity (such as
any educational, cultural, or language entity).
``(2) Attributable country.--The term `attributable
country' means--
``(A) the country of citizenship of a foreign source who is
a natural person, or, if such country is unknown, the
principal residence (as applicable) of such foreign source;
or
``(B) the country of incorporation of a foreign source that
is a legal entity, or, if such country is unknown, the
principal place of business (as applicable) of such foreign
source.
``(3) Contract.--The term `contract'--
``(A) means--
``(i) any agreement for the acquisition by purchase, lease,
or barter of property or services by the foreign source;
[[Page S5140]]
``(ii) any affiliation, agreement, or similar transaction
with a foreign source that involves the use or exchange of an
institution's name, likeness, time, services, or resources;
and
``(iii) any agreement for the acquisition by purchase,
lease, or barter, of property or services from a foreign
source (other than an arms-length agreement for such
acquisition from a foreign source that is not a foreign
country of concern or a foreign entity of concern); and
``(B) does not include an agreement made between an
institution and a foreign source regarding any payment of one
or more elements of a student's cost of attendance (as such
term is defined in section 472), unless such an agreement is
made for more than 15 students or is made under a restricted
or conditional contract.
``(4) Foreign source.--The term `foreign source' means--
``(A) a foreign government, including an agency of a
foreign government;
``(B) a legal entity, governmental or otherwise, created
under the laws of a foreign state or states;
``(C) a legal entity, governmental or otherwise,
substantially controlled (as described in section
668.174(c)(3) of title 34, Code of Federal Regulations) (or
successor regulations)) by a foreign source;
``(D) a natural person who is not a citizen or a national
of the United States or a trust territory or protectorate
thereof;
``(E) an agent of a foreign source, including--
``(i) a subsidiary or affiliate of a foreign legal entity,
acting on behalf of a foreign source;
``(ii) a person that operates primarily for the benefit of,
or under the auspices of, a foreign source, including a
foundation or a related entity (such as any educational,
cultural, or language entity); and
``(iii) a person who is an agent of a foreign principal (as
such term is defined in section 1 of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611); or
``(F) an international organization (as such term is
defined in the International Organizations Immunities Act (22
U.S.C. 288)).
``(5) Gift.--The term `gift'--
``(A) means any gift of money, property, resources, staff,
or services; and
``(B) does not include--
``(i) any payment of one or more elements of a student's
cost of attendance (as such term is defined in section 472)
to an institution by, or scholarship from, a foreign source
who is a natural person, acting in their individual capacity
and not as an agent for, at the request or direction of, or
on behalf of, any person or entity (except the student), made
for not more than 15 students, and that is not made under a
restricted or conditional contract with such foreign source;
or
``(ii) assignment or license of registered industrial and
intellectual property rights, such as patents, utility
models, trademarks, or copyrights, or technical assistance,
that are not associated with a category listed in the
Commerce Control List maintained by the Bureau of Industry
and Security of the Department of Commerce and set forth in
Supplement No. 1 to part 774 of title 15, Code of Federal
Regulations; or
``(iii) decorations (as such term is defined in section
7342(a) of title 5, United States Code).
``(6) Restricted or conditional gift or contract.--The term
`restricted or conditional gift or contract' means any
endowment, gift, grant, contract, award, present, or property
of any kind which includes provisions regarding--
``(A) the employment, assignment, or termination of
faculty;
``(B) the establishment of departments, centers,
institutes, instructional programs, research or lecture
programs, or new faculty positions;
``(C) the selection, admission, or education of students;
``(D) the award of grants, loans, scholarships,
fellowships, or other forms of financial aid restricted to
students of a specified country, religion, sex, ethnic
origin, or political opinion; or
``(E) any other restriction on the use of a gift or
contract.''.
(b) Prohibition on Contracts With Certain Foreign Entities
and Countries.--Part B of title I of the Higher Education Act
of 1965 (20 U.S.C. 1011 et seq.) is amended by inserting
after section 117 the following:
``SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN
ENTITIES AND COUNTRIES.
``(a) In General.--An institution shall not enter into a
contract with a foreign country of concern or a foreign
entity of concern.
``(b) Waivers.--
``(1) Submission.--
``(A) First waiver requests.--
``(i) In general.--An institution that desires to enter
into a contract with a foreign entity of concern or a foreign
country of concern may submit to the Secretary, not later
than 120 days before the institution enters into such a
contract, a request to waive the prohibition under subsection
(a) with respect to such contract.
``(ii) Contents of waiver request.--A waiver request
submitted by an institution under clause (i) shall include--
``(I) the complete and unredacted text of the proposed
contract for which the waiver is being requested, and if such
original contract is not in English, a translated copy of the
text into English (in a manner that complies with section
117(c)); and
``(II) a statement that--
``(aa) is signed by the compliance officer of the
institution designated in accordance with section 117(f); and
``(bb) includes information that demonstrates that such
contract is for the benefit of the institution's mission and
students and will promote the security, stability, and
economic vitality of the United States.
``(B) Renewal waiver requests.--
``(i) In general.--An institution that has entered into a
contract pursuant to a waiver issued under this section, the
term of which is longer than the 1-year waiver period and the
terms and conditions of which remain the same as the proposed
contract submitted as part of the request for such waiver may
submit, not later than 120 days before the expiration of such
waiver period, a request for a renewal of such waiver for an
additional 1-year period (which shall include any information
requested by the Secretary).
``(ii) Termination.--If the institution fails to submit a
request under clause (i) or is not granted a renewal under
such clause, such institution shall terminate such contract
on the last day of the original 1-year waiver period.
``(2) Waiver issuance.--The Secretary--
``(A) not later than 60 days before an institution enters
into a contract pursuant to a waiver request under paragraph
(1)(A), or before a contract described in paragraph (1)(B)(i)
is renewed pursuant to a renewal request under such
paragraph, shall notify the institution--
``(i) if the waiver or renewal will be issued by the
Secretary; and
``(ii) in a case in which the waiver or renewal will be
issued, the date on which the 1-year waiver period starts;
and
``(B) may only issue a waiver under this section to an
institution if the Secretary determines, in consultation with
the heads of each agency and department listed in section
117(e), that the contract for which the waiver is being
requested is for the benefit of the institution's mission and
students and will promote the security, stability, and
economic vitality of the United States.
``(3) Disclosure.--Not less than 2 weeks prior to issuing a
waiver under paragraph (2), the Secretary shall notify the--
``(A) the Committee on Health, Education, Labor, and
Pensions of the Senate, of the intent to issue the waiver,
including a justification for the waiver; and
``(B) the Committee on Education and the Workforce of the
House of Representatives.
``(4) Application of waivers.--A waiver issued under this
section to an institution with respect to a contract shall
only--
``(A) waive the prohibition under subsection (a) for a 1-
year period; and
``(B) apply to the terms and conditions of the proposed
contract submitted as part of the request for such waiver.
``(c) Designation During Contract Term.--In the case of an
institution that enters into a contract with a foreign source
that is not a foreign country of concern or a foreign entity
of concern, but which, during the term of such contract, is
designated as a foreign country of concern or foreign entity
of concern, such institution shall terminate such contract
not later than 60 days after the Secretary notifies the
institution of such designation.
``(d) Contracts Prior to Date of Enactment.--
``(1) In general.--In the case of an institution that has
entered into a contract with a foreign country of concern or
foreign entity of concern prior to the date of the enactment
of the DETERRENT Act--
``(A) the institution shall immediately submit to the
Secretary a waiver request, in accordance with subsection
(b)(1)(A)(ii); and
``(B) the Secretary shall, upon receipt of the request
submitted under subparagraph (A), immediately issue a waiver
to the institution for a period beginning on the date on
which the waiver is issued and ending on the earlier of--
``(i) the date that is 1 year after the date of the
enactment of the DETERRENT Act; or
``(ii) the date on which the contract terminates.
``(2) Renewal.--An institution that has entered into a
contract described in paragraph (1), the term of which is
longer than the waiver period described in subparagraph (B)
of such paragraph and the terms and conditions of which
remain the same as the contract submitted as part of the
request required under subparagraph (A) of such paragraph,
may submit a request for renewal of the waiver issued under
such paragraph in accordance with subsection (b)(1)(B).
``(e) Contract Defined.--The term `contract' has the
meaning given such term in section 117(g).''.
(c) Interagency Information Sharing.--Not later than 90
days after the date of enactment of this Act, the Secretary
of Education shall transmit to the heads of each agency and
department listed in section 117(e) of the Higher Education
Act of 1965, as amended by this subtitle--
(1) any report received by the Department of Education
under section 117 of the Higher Education Act of 1965 (20
U.S.C. 1011f) prior to the date of the enactment of this Act;
and
(2) any report, document, or other record generated by the
Department of Education in the course of an investigation--
(A) of an institution with respect to the compliance of
such institution with such section; and
(B) initiated prior to the date of the enactment of this
Act.
[[Page S5141]]
SEC. ___. POLICY REGARDING CONFLICTS OF INTEREST FROM FOREIGN
GIFTS AND CONTRACTS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
as amended by this subtitle, is further amended by inserting
after section 117A the following:
``SEC. 117B. INSTITUTIONAL POLICY REGARDING FOREIGN GIFTS AND
CONTRACTS TO FACULTY AND STAFF.
``(a) Requirement to Maintain Policy and Database.--
Beginning not later than 90 days after the date of enactment
of the DETERRENT Act, each institution described in
subsection (b) shall maintain--
``(1) a policy requiring covered individuals employed at
the institution to disclose in a report to such institution
on July 31 of each calendar year that begins after the year
in which such date of enactment occurs--
``(A) any gift received from a foreign source in the
previous calendar year, the value of which is greater than
the minimal value (as such term is defined in section 7342(a)
of title 5, United States Code) or is of undetermined value,
and including the date on which the gift was received;
``(B) any contract entered into with a foreign source in
the previous calendar year, the value of which is $5,000 or
more, considered alone or in combination with all other
contracts with that foreign source within the calendar year,
and including the date on which such contract commences and,
as applicable, the date on which such contract terminates;
``(C) any contract with a foreign source in force during
the previous calendar year that has an undetermined monetary
value, and including the date on which such contract
commences and, as applicable, the date on which such contract
terminates; and
``(D) any contract entered into with a foreign country of
concern or foreign entity of concern in the previous calendar
year, the value of which is $0 or more, and including the
beginning and ending dates of such contract and the full text
of such contract and any addenda;
``(2) a publicly available and searchable database (in
electronic and downloadable format), on a website of the
institution, of the information required to be disclosed
under paragraph (1) (other than the name or any other
personally identifiable information of a covered individual)
that--
``(A) makes available the information disclosed under
paragraph (1) (other than the name or any other personally
identifiable information of a covered individual) beginning
on the date that is 30 days after receipt of the report under
such paragraph containing such information and until the
latest of--
``(i) the date that is 5 years after the date on which--
``(I) a gift referred to in paragraph (1)(A) is received;
or
``(II) a contract referred to in subparagraph (B), (C), or
(D) of paragraph (1) begins; or
``(ii) the date on which a contract referred to in
subparagraph (B), (C), or (D) of paragraph (1) terminates;
and
``(B) is searchable and sortable by--
``(i) the date received (if a gift) or the date commenced
(if a contract);
``(ii) the attributable country with respect to which
information is being disclosed;
``(iii) the narrowest of the department, school, or college
of the institution, as applicable, for which the individual
making the disclosure works; and
``(iv) the name of the foreign source (other than a foreign
source who is a natural person);
``(3) an effective plan to identify and manage potential
information gathering by foreign sources through espionage
targeting covered individuals that may arise from gifts
received from, or contracts entered into with, a foreign
source, including through the use of--
``(A) periodic communications;
``(B) accurate reporting under paragraph (2) of the
information required to be disclosed under paragraph (1); and
``(C) enforcement of the policy described in paragraph (1);
and
``(4) for purposes of investigations under section
117D(a)(1) or responses to requests under section 552 of
title 5, United States Code (commonly known as the `Freedom
of Information Act'), the names of the individuals making
disclosures under paragraph (1).
``(b) Institutions.--An institution shall be subject to the
requirements of this section if such institution--
``(1) is an eligible institution for the purposes of any
program authorized under title IV; and
``(2)(A) received more than $50,000,000 in Federal funds in
any of the previous 5 calendar years to support (in whole or
in part) research and development (as determined by the
institution and measured by the Higher Education Research and
Development Survey of the National Center for Science and
Engineering Statistics); or
``(B) receives funds under title VI.
``(c) Definitions.--In this section--
``(1) the terms `foreign source' and `gift' have the
meanings given such terms in section 117(g);
``(2) the term `contract'--
``(A) means any--
``(i) agreement for the acquisition, by purchase, lease, or
barter of property or services by a foreign source;
``(ii) affiliation, agreement, or similar transaction with
a foreign source involving the use or exchange of the name,
likeness, time, services, or resources of covered individuals
employed at an institution described in subsection (b); or
``(iii) purchase, lease, or barter of property or services
from a foreign source that is a foreign country of concern or
a foreign entity of concern; and
``(B) does not include any fair-market, arms-length
agreement made by covered individuals for the acquisition, by
purchase, lease, or barter of property or services from a
foreign source other than such a foreign source that is a
foreign country of concern or a foreign entity of concern;
and
``(3) the term `covered individual'--
``(A) has the meaning given such term in section 223(d) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (42 U.S.C. 6605); and
``(B) shall be interpreted in accordance with the Guidance
for Implementing National Security Presidential Memorandum 33
(NSPM-33) on National Security Strategy for United States
Government-supported Research and Development published by
the Subcommittee on Research Security and the Joint Committee
on the Research Environment in January 2022.''.
SEC. ___. INVESTMENT DISCLOSURE REPORT.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
as amended by this subtitle, is further amended by inserting
after section 117B the following:
``SEC. 117C. INVESTMENT DISCLOSURE REPORT.
``(a) Investment Disclosure Report.--A specified
institution shall file a disclosure report in accordance with
subsection (b) with the Secretary on July 31 immediately
following any calendar year in which the specified
institution purchases, sells, or holds (directly or
indirectly through any chain of ownership) one or more
investments of concern.
``(b) Contents of Report.--Each report to the Secretary
required by subsection (a) with respect to any calendar year
shall contain the following:
``(1) A list of the investments of concern purchased, sold,
or held during such calendar year.
``(2) The aggregate fair market value of all investments of
concern held as of the close of such calendar year.
``(3) The combined value of all investments of concern sold
over the course of such calendar year, as measured by the
fair market value of such investments at the time of the
sale.
``(4) The combined value of all capital gains from such
sales of investments of concern.
``(c) Inclusion of Certain Pooled Funds.--
``(1) In general.--An investment of concern acquired
through a regulated investment company, exchange traded fund,
or any other pooled investment shall be treated as acquired
through a chain of ownership referred to in subsection (a),
unless such pooled investment is certified by the Secretary
as not holding any listed investments in accordance with
subparagraph (B) of paragraph (2).
``(2) Certifications of pooled funds.--The Secretary, after
consultation with the Secretary of the Treasury, shall
establish procedures under which certain regulated investment
companies, exchange traded funds, and other pooled
investments--
``(A) shall be reported in accordance with the requirements
under subsection (b); and
``(B) may be certified by the Secretary as not holding any
listed investments.
``(d) Treatment of Related Organizations.--For purposes of
this section, assets held by any related organization (as
defined in section 4968(d)(2) of the Internal Revenue Code of
1986) with respect to a specified institution shall be
treated as held by such specified institution, except that--
``(1) such assets shall not be taken into account with
respect to more than 1 specified institution; and
``(2) unless such organization is controlled by such
institution or is described in section 509(a)(3) of the
Internal Revenue Code of 1986 with respect to such
institution, assets which are not intended or available for
the use or benefit of such specified institution shall not be
taken into account.
``(e) Valuation of Debt.--For purposes of this section, the
fair market value of any debt shall be the principal amount
of such debt.
``(f) Regulations.--The Secretary, after consultation with
the Secretary of the Treasury, may issue such regulations or
other guidance as may be necessary or appropriate to carry
out the purposes of this section, including regulations or
other guidance providing for the proper application of this
section with respect to certain regulated investment
companies, exchange traded funds, and pooled investments.
``(g) Compliance Officer.--Any specified institution that
is required to submit a report under subsection (a) shall
designate, before the submission of such report, and maintain
a compliance officer, who shall--
``(1) be a current employee or legally authorized agent of
such institution;
``(2) be responsible, on behalf of the institution, for
personally certifying accurate compliance with the reporting
requirements under this section; and
``(3) certify the institution has, for purposes of filing
such report under subsection (a), followed an established
institutional policy and conducted good faith efforts and
reasonable due diligence to determine the accuracy and
valuations of the assets reported.
[[Page S5142]]
``(h) Database Requirement.--Beginning not later than 60
days before the July 31 immediately following the date of the
enactment of the DETERRENT Act, the Secretary shall--
``(1) establish and maintain a searchable database on a
website of the Department, under which all reports submitted
under this section--
``(A) are made publicly available (in electronic and
downloadable format), including any information provided in
such reports;
``(B) can be individually identified and compared; and
``(C) are searchable and sortable; and
``(2) not later than 30 days after receipt of a disclosure
report under this section, include such report in such
database.
``(i) Definitions.--In this section:
``(1) Investment of concern.--
``(A) In general.--The term `investment of concern' means
any specified interest with respect to any of the following:
``(i) A foreign country of concern.
``(ii) A foreign entity of concern.
``(B) Specified interest.--The term `specified interest'
means, with respect to any entity--
``(i) stock or any other equity or profits interest of such
entity;
``(ii) debt issued by such entity; and
``(iii) any contract or derivative with respect to any
property described in clause (i) or (ii).
``(2) Specified institution.--
``(A) In general.--The term `specified institution', as
determined with respect to any calendar year, means an
institution if--
``(i) such institution is not a public institution; and
``(ii) the aggregate fair market value of--
``(I) the assets held by such institution at the end of
such calendar year (other than those assets which are used
directly in carrying out the institution's exempt purpose) is
in excess of $6,000,000,000; or
``(II) the investments of concern held by such institution
at the end of such calendar year is in excess of
$250,000,000.
``(B) References to certain terms.--For the purpose of
applying the definition under subparagraph (A), the terms
`aggregate fair market value' and `assets which are used
directly in carrying out the institution's exempt purpose'
shall be applied in the same manner as such terms are applied
for the purposes of section 4968(b)(1)(D) of the Internal
Revenue Code of 1986.''.
SEC. ___. ENFORCEMENT AND OTHER GENERAL PROVISIONS.
(a) Enforcement and Other General Provisions.--The Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), as amended by
this subtitle, is further amended by inserting after section
117C the following:
``SEC. 117D. ENFORCEMENT; SINGLE POINT-OF-CONTACT.
``(a) Enforcement.--
``(1) Investigation.--The Secretary (acting through the
General Counsel of the Department) shall conduct
investigations of possible violations of sections 117, 117A,
117B, and 117C by institutions and, whenever it appears that
an institution has knowingly or willfully failed to comply
with a requirement of any of such sections (including any
rule or regulation promulgated under any such section), shall
request that the Attorney General bring a civil action in
accordance with paragraph (2).
``(2) Civil action.--Whenever it appears that an
institution has knowingly or willfully failed to comply with
a requirement of any of the sections listed in paragraph (1)
(including any rule or regulation promulgated under any such
section) based on such an investigation, a civil action shall
be brought by the Attorney General, at the request of the
Secretary, in an appropriate district court of the United
States, or the appropriate United States court of any
territory or other place subject to the jurisdiction of the
United States, to request such court to compel compliance
with the requirement of the section that has been violated.
``(3) Costs and other fines.--An institution that is
compelled to comply with a requirement of a section listed in
paragraph (1) pursuant to paragraph (2) shall--
``(A) pay to the Treasury of the United States the full
costs to the United States of obtaining compliance with the
requirement of such section, including all associated costs
of investigation and enforcement; and
``(B) be subject to the applicable fines described in
paragraph (4).
``(4) Fines for violations.--The Secretary shall impose a
fine on an institution that knowingly or willfully fails to
comply with a requirement of a section listed in paragraph
(1) as follows:
``(A) Section 117.--
``(i) First-time violations.--In the case of an institution
that knowingly or willfully fails to comply with a
requirement of section 117 with respect to a calendar year,
and that has not previously knowingly or willfully failed to
comply with such a requirement, the Secretary shall impose a
fine on the institution for such violation as follows:
``(I) In the case of an institution that knowingly or
willfully fails to comply with a reporting requirement under
subsection (a)(1) of section 117, such fine shall be in an
amount that is--
``(aa) for each gift or contract with determinable value
that is the subject of such a failure to comply, the greater
of--
``(AA) $50,000; or
``(BB) the monetary value of such gift or contract; or
``(bb) for each gift or contract of no value or of
indeterminable value, not less than 1 percent, and not more
than 10 percent of the total amount of Federal funds received
by the institution under this Act for the most recent fiscal
year.
``(II) In the case of an institution that knowingly or
willfully fails to comply with the reporting requirement
under subsection (a)(2) of section 117, such fine shall be in
an amount that is not less than 10 percent of the total
amount of Federal funds received by the institution under
this Act for the most recent fiscal year.
``(ii) Subsequent violations.--In the case of an
institution that has been fined pursuant to clause (i) with
respect to a calendar year, and that knowingly or willfully
fails to comply with a requirement of section 117 with
respect to any additional calendar year, the Secretary shall
impose a fine on the institution with respect to any such
additional calendar year as follows:
``(I) In the case of an institution that knowingly or
willfully fails to comply with a reporting requirement under
subsection (a)(1) of section 117 with respect to an
additional calendar year, such fine shall be in an amount
that is--
``(aa) for each gift or contract with determinable value
that is the subject of such a failure to comply, the greater
of--
``(AA) $100,000; or
``(BB) twice the monetary value of such gift or contract;
or
``(bb) for each gift or contract of no value or of
indeterminable value, not less than 1 percent, but not more
than 10 percent, of the total amount of Federal funds
received by the institution under this Act for the most
recent fiscal year.
``(II) In the case of an institution that knowingly or
willfully fails to comply with a reporting requirement under
subsection (a)(2) of section 117 with respect to an
additional calendar year, such fine shall be in an amount
that is not less than 20 percent of the total amount of
Federal funds received by the institution under this Act for
the most recent fiscal year.
``(B) Section 117a.--
``(i) First-time violations.--In the case of an institution
that knowingly or willfully fails to comply with a
requirement of section 117A for the first time, the Secretary
shall impose a fine on the institution in an amount that is
not less than 5 percent, but not more than 10 percent, of the
total amount of Federal funds received by the institution
under this Act for the most recent fiscal year.
``(ii) Subsequent violations.--In the case of an
institution that has been fined pursuant to clause (i), the
Secretary shall impose a fine on the institution for each
subsequent time the institution knowingly or willfully fails
to comply with a requirement of section 117A in an amount
that is not less than 20 percent of the total amount of
Federal funds received by the institution under this Act for
the most recent fiscal year.
``(C) Section 117b.--
``(i) First-time violations.--In the case of an institution
that knowingly or willfully fails to comply with a
requirement of section 117B with respect to a calendar year,
and that has not previously knowingly or willfully failed to
comply with such a requirement, the Secretary shall impose a
fine on the institution in an amount that is the greater of--
``(I) $250,000; or
``(II) the total amount of gifts or contracts reported by
such institution in the database required under section
117B(a)(2).
``(ii) Subsequent violations.--In the case of an
institution that has been fined pursuant to clause (i) with
respect to a calendar year, and that knowingly or willfully
fails to comply with a requirement of section 117B with
respect to any additional calendar year, the Secretary shall
impose a fine on the institution with respect to any such
additional calendar year in an amount that is the greater
of--
``(I) $500,000; or
``(II) twice the total amount of gifts or contracts
reported by such institution in the database required under
section 117B(a)(2).
``(D) Section 117c.--
``(i) First-time violations.--In the case of a specified
institution that knowingly or willfully fails to comply with
a requirement of section 117C with respect to a calendar
year, and that has not previously knowingly or willfully
failed to comply with such a requirement, the Secretary shall
impose a fine on the institution in an amount that is not
less than 50 percent and not more than 100 percent of the sum
of--
``(I) the aggregate fair market value of all investments of
concern held by such institution as of the close of such
calendar year; and
``(II) the combined value of all investments of concern
sold over the course of such calendar year, as measured by
the fair market value of such investments at the time of the
sale.
``(ii) Subsequent violations.--In the case of a specified
institution that has been fined pursuant to clause (i) with
respect to a calendar year, and that knowingly or willfully
fails to comply with a requirement of section 117C with
respect to any additional calendar year, the Secretary shall
impose a fine on the institution with respect to any such
additional calendar year in an amount that is not less than
100 percent and not more than 200 percent of the sum of--
[[Page S5143]]
``(I) the aggregate fair market value of all investments of
concern held by such institution as of the close of such
additional calendar year; and
``(II) the combined value of all investments of concern
sold over the course of such additional calendar year, as
measured by the fair market value of such investments at the
time of the sale.
``(E) Ineligibility for waiver.--In the case of an
institution that has been fined pursuant to subparagraph
(A)(i), (B)(i) (C)(i), or (D)(i) with respect to a calendar
year, and that knowingly or willfully fails to comply with a
requirement of section 117, 117A, 117B, or 117C with respect
to any 2 additional calendar years, the Secretary shall
prohibit the institution from obtaining a waiver, or a
renewal of a waiver, under section 117A.
``(b) Single Point-of-contact at the Department.--The
Secretary shall maintain a single point-of-contact at the
Department to--
``(1) receive and respond to inquiries and requests for
technical assistance from institutions regarding compliance
with the requirements of sections 117, 117A, 117B, and 117C;
``(2) coordinate and implement technical improvements to
the database described in section 117(d)(1), including--
``(A) improving upload functionality by allowing for batch
reporting, including by allowing institutions to upload one
file with all required information into the database;
``(B) publishing and maintaining a database users guide
annually, including information on how to edit an entry and
how to report errors;
``(C) creating a standing user group (to which chapter 10
of title 5, United States Code, shall not apply) to discuss
possible database improvements, which group shall--
``(i) include at least--
``(I) 3 members representing public institutions with high
or very high levels of research activity (as defined by the
National Center for Education Statistics);
``(II) 2 members representing private, nonprofit
institutions with high or very high levels of research
activity (as so defined);
``(III) 2 members representing proprietary institutions of
higher education (as defined in section 102(b)); and
``(IV) 2 members representing area career and technical
education schools (as defined in subparagraph (C) or (D) of
section 3(3) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302(3)); and
``(ii) meet at least twice a year with officials from the
Department to discuss possible database improvements;
``(D) publishing, on a publicly available website,
recommended database improvements following each meeting
described in subparagraph (C)(ii); and
``(E) responding, on a publicly available website, to each
recommendation published under subparagraph (D) as to whether
or not the Department will implement the recommendation,
including the rationale for either approving or rejecting the
recommendation;
``(3) provide, every 90 days after the date of enactment of
the DETERRENT Act, status updates on any pending or completed
investigations and civil actions under subsection (a)(1) to--
``(A) the authorizing committees; and
``(B) any institution that is the subject of such
investigation or action;
``(4) maintain, on a publicly accessible website--
``(A) a full comprehensive list of all foreign countries of
concern and foreign entities of concern; and
``(B) the date on which the last update was made to such
list; and
``(5) not later than 7 days after making an update to the
list maintained in paragraph (4)(A), notify each institution
required to comply with the sections listed in paragraph (1)
of such update.
``(c) Definitions.--For purposes of sections 117, 117A,
117B, 117C, and this section:
``(1) Foreign country of concern.--The term `foreign
country of concern' includes the following:
``(A) A country that is a covered nation (as defined in
section 4872(d) of title 10, United States Code).
``(B) Any country that the Secretary, in consultation with
the Secretary of Defense, the Secretary of State, and the
Director of National Intelligence, determines to be engaged
in conduct that is detrimental to the national security or
foreign policy of the United States.
``(2) Foreign entity of concern.--The term `foreign entity
of concern' has the meaning given such term in section
10612(a) of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19221(a)) and includes a foreign
entity that is identified on the list published under section
1286(c)(8)(A) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 22 4001
note; Public Law 115-232).
``(3) Institution.--The term `institution' means an
institution of higher education (as such term is defined in
section 102, other than an institution described in
subsection (a)(1)(c) of such section).''.
(b) Program Participation Agreement.--Section 487(a) of the
Higher Education Act of 1965 (20 U.S.C. 1094) is amended by
adding at the end the following:
``(30)(A) An institution will comply with the requirements
of sections 117, 117A, 117B, and 117C.
``(B) An institution that, for 3 consecutive institutional
fiscal years, violates any requirement of any of the sections
listed in subparagraph (A), shall--
``(i) be ineligible to participate in the programs
authorized by this title for a period of not less than 2
institutional fiscal years; and
``(ii) in order to regain eligibility to participate in
such programs, demonstrate compliance with all requirements
of each such section for not less than 2 institutional fiscal
years after the institutional fiscal year in which such
institution became ineligible.''.
(c) GAO Study and Report.--
(1) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study to identify ways to improve
intergovernmental agency coordination regarding
implementation and enforcement of sections 117, 117A, 117B,
and 117C of the Higher Education Act of 1965 (20 U.S.C.
1011f), as amended or added by this title, including
increasing information sharing, increasing compliance rates,
and establishing processes for enforcement.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress, and make public, a report
containing the results of the study described in paragraph
(1).
______
SA 2917. Mr. HEINRICH submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--HALT FENTANYL Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Halt All Lethal
Trafficking of Fentanyl Act'' or the ``HALT Fentanyl Act''.
SEC. 1097. CLASS SCHEDULING OF FENTANYL-RELATED SUBSTANCES.
Section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)) is amended by adding at the end of schedule I the
following:
``(e)(1) Unless specifically exempted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of a fentanyl-related
substance, or which contains the salts, isomers, and salts of
isomers of a fentanyl-related substance whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation.
``(2) For purposes of paragraph (1), except as provided in
paragraph (3), the term `fentanyl-related substance' means
any substance that is structurally related to fentanyl by 1
or more of the following modifications:
``(A) By replacement of the phenyl portion of the phenethyl
group by any monocycle, whether or not further substituted in
or on the monocycle.
``(B) By substitution in or on the phenethyl group with
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or
nitro groups.
``(C) By substitution in or on the piperidine ring with
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo,
haloalkyl, amino, or nitro groups.
``(D) By replacement of the aniline ring with any aromatic
monocycle whether or not further substituted in or on the
aromatic monocycle.
``(E) By replacement of the N-propionyl group with another
acyl group.
``(3) A substance that satisfies the definition of the term
`fentanyl-related substance' in paragraph (2) shall
nonetheless not be treated as a fentanyl-related substance
subject to this schedule if the substance--
``(A) is controlled by action of the Attorney General under
section 201; or
``(B) is otherwise expressly listed in a schedule other
than this schedule.
``(4)(A) The Attorney General may by order publish in the
Federal Register a list of substances that satisfy the
definition of the term `fentanyl-related substance' in
paragraph (2).
``(B) The absence of a substance from a list published
under subparagraph (A) does not negate the control status of
the substance under this schedule if the substance satisfies
the definition of the term `fentanyl-related substance' in
paragraph (2).''.
SEC. 1098. REGISTRATION REQUIREMENTS RELATED TO RESEARCH.
(a) Alternative Registration Process for Schedule I
Research.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended--
(1) by redesignating the second subsection (l) (relating to
required training for prescribers) as subsection (m); and
(2) by adding at the end the following:
``(n) Special Provisions for Practitioners Conducting
Certain Research With Schedule I Controlled Substances.--
``(1) In general.--Notwithstanding subsection (f), a
practitioner may conduct research described in paragraph (2)
of this subsection with 1 or more schedule I substances in
accordance with subparagraph (A) or (B) of paragraph (3) of
this subsection.
``(2) Research subject to expedited procedures.--Research
described in this paragraph is research that--
``(A) is with respect to a drug that is the subject of an
investigational use exemption
[[Page S5144]]
under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)); or
``(B) is--
``(i) conducted by the Department of Health and Human
Services, the Department of Veterans Affairs, or the
Department of Justice; or
``(ii) funded partly or entirely by a grant, contract,
cooperative agreement, or other transaction from the
Department of Health and Human Services, the Department of
Veterans Affairs, or the Department of Justice.
``(3) Expedited procedures.--
``(A) Researcher with a current schedule i or ii research
registration.--
``(i) In general.--If a practitioner is registered to
conduct research with a controlled substance in schedule I or
II, the practitioner may conduct research under this
subsection on and after the date that is 30 days after the
date on which the practitioner sends a notice to the Attorney
General containing the following information, with respect to
each substance with which the practitioner will conduct the
research:
``(I) The chemical name of the substance.
``(II) The quantity of the substance to be used in the
research.
``(III) Demonstration that the research is in the category
described in paragraph (2), which demonstration may be
satisfied--
``(aa) in the case of a grant, contract, cooperative
agreement, or other transaction, or intramural research
project, by identifying the sponsoring agency and supplying
the number of the grant, contract, cooperative agreement,
other transaction, or project; or
``(bb) in the case of an application under section 505(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(i)), by supplying the application number and the sponsor
of record on the application.
``(IV) Demonstration that the researcher is authorized to
conduct research with respect to the substance under the laws
of the State in which the research will take place.
``(ii) Verification of information by hhs or va.--Upon
request from the Attorney General, the Secretary of Health
and Human Services or the Secretary of Veterans Affairs, as
appropriate, shall verify information submitted by an
applicant under clause (i)(III).
``(B) Researcher without a current schedule i or ii
research registration.--
``(i) In general.--If a practitioner is not registered to
conduct research with a controlled substance in schedule I or
II, the practitioner may send a notice to the Attorney
General containing the information listed in subparagraph
(A)(i), with respect to each substance with which the
practitioner will conduct the research.
``(ii) Attorney general action.--The Attorney General
shall--
``(I) treat notice received under clause (i) as a
sufficient application for a research registration; and
``(II) not later than 45 days of receiving such a notice
that contains all information required under subparagraph
(A)(i)--
``(aa) register the applicant; or
``(bb) serve an order to show cause upon the applicant in
accordance with section 304(c).
``(4) Electronic submissions.--The Attorney General shall
provide a means to permit a practitioner to submit a
notification under paragraph (3) electronically.
``(5) Limitation on amounts.--A practitioner conducting
research with a schedule I substance under this subsection
may only possess the amounts of schedule I substance
identified in--
``(A) the notification to the Attorney General under
paragraph (3); or
``(B) a supplemental notification that the practitioner may
send if the practitioner needs additional amounts for the
research, which supplemental notification shall include--
``(i) the name of the practitioner;
``(ii) the additional quantity needed of the substance; and
``(iii) an attestation that the research to be conducted
with the substance is consistent with the scope of the
research that was the subject of the notification under
paragraph (3).
``(6) Importation and exportation requirements not
affected.--Nothing in this subsection alters the requirements
of part A of title III, regarding the importation and
exportation of controlled substances.''.
(b) Separate Registrations Not Required for Additional
Researcher in Same Institution.--Section 302(c) of the
Controlled Substances Act (21 U.S.C. 822(c)) is amended by
adding at the end the following:
``(4) An agent or employee of a research institution that
is conducting research with a controlled substance if--
``(A) the agent or employee is acting within the scope of
the professional practice of the agent or employee;
``(B) another agent or employee of the institution is
registered to conduct research with a controlled substance in
the same schedule;
``(C) the researcher who is so registered--
``(i) informs the Attorney General of the name, position
title, and employing institution of the agent or employee who
is not separately registered;
``(ii) authorizes that agent or employee to perform
research under the registration of the registered researcher;
and
``(iii) affirms that any act taken by that agent or
employee involving a controlled substance shall be
attributable to the registered researcher, as if the
researcher had directly committed the act, for purposes of
any proceeding under section 304(a) to suspend or revoke the
registration of the registered researcher; and
``(D) the Attorney General does not, within 30 days of
receiving the information, authorization, and affirmation
described in subparagraph (C), refuse, for a reason listed in
section 304(a), to allow the agent or employee to possess the
substance without a separate registration.''.
(c) Single Registration for Related Research Sites.--
Section 302(e) of the Controlled Substances Act (21 U.S.C.
822(e)) is amended by adding at the end the following:
``(3)(A) Notwithstanding paragraph (1), a person registered
to conduct research with a controlled substance under section
303(f) may conduct the research under a single registration
if--
``(i) the research occurs exclusively on sites all of which
are--
``(I) within the same city or county; and
``(II) under the control of the same institution,
organization, or agency; and
``(ii) before commencing the research, the researcher
notifies the Attorney General of each site where--
``(I) the research will be conducted; or
``(II) the controlled substance will be stored or
administered.
``(B) A site described in subparagraph (A) shall be
included in a registration described in that subparagraph
only if the researcher has notified the Attorney General of
the site--
``(i) in the application for the registration; or
``(ii) before the research is conducted, or before the
controlled substance is stored or administered, at the site.
``(C) The Attorney General may, in consultation with the
Secretary, issue regulations addressing, with respect to
research sites described in subparagraph (A)--
``(i) the manner in which controlled substances may be
delivered to the research sites;
``(ii) the storage and security of controlled substances at
the research sites;
``(iii) the maintenance of records for the research sites;
and
``(iv) any other matters necessary to ensure effective
controls against diversion at the research sites.''.
(d) New Inspection Not Required in Certain Situations.--
Section 302(f) of the Controlled Substances Act (21 U.S.C.
822(f)) is amended--
(1) by striking ``(f) The'' and inserting ``(f)(1) The'';
and
(2) by adding at the end the following:
``(2)(A) If a person is registered to conduct research with
a controlled substance and applies for a registration, or for
a modification of a registration, to conduct research with a
second controlled substance that is in the same schedule as
the first controlled substance, or is in a schedule with a
higher numerical designation than the schedule of the first
controlled substance, a new inspection by the Attorney
General of the registered location is not required.
``(B) Nothing in subparagraph (A) shall prohibit the
Attorney General from conducting an inspection that the
Attorney General determines necessary to ensure that a
registrant maintains effective controls against diversion.''.
(e) Continuation of Research on Substances Newly Added to
Schedule I.--Section 302 of the Controlled Substances Act (21
U.S.C. 822) is amended by adding at the end the following:
``(h) Continuation of Research on Substances Newly Added to
Schedule I.--If a person is conducting research on a
substance when the substance is added to schedule I, and the
person is already registered to conduct research with a
controlled substance in schedule I--
``(1) not later than 90 days after the scheduling of the
newly scheduled substance, the person shall submit a
completed application for registration or modification of
existing registration, to conduct research on the substance,
in accordance with regulations issued by the Attorney General
for purposes of this paragraph;
``(2) the person may, notwithstanding subsections (a) and
(b), continue to conduct the research on the substance
until--
``(A) the person withdraws the application described in
paragraph (1) of this subsection; or
``(B) the Attorney General serves on the person an order to
show cause proposing the denial of the application under
section 304(c);
``(3) if the Attorney General serves an order to show cause
as described in paragraph (2)(B) and the person requests a
hearing, the hearing shall be held on an expedited basis and
not later than 45 days after the request is made, except that
the hearing may be held at a later time if so requested by
the person; and
``(4) if the person sends a copy of the application
described in paragraph (1) to a manufacturer or distributor
of the substance, receipt of the copy by the manufacturer or
distributor shall constitute sufficient evidence that the
person is authorized to receive the substance.''.
(f) Treatment of Certain Manufacturing Activities as
Coincident to Research.--Section 302 of the Controlled
Substances Act (21 U.S.C. 822), as amended by subsection (e),
is amended by adding at the end the following:
``(i) Treatment of Certain Manufacturing Activities as
Coincident to Research.--
``(1) In general.--Except as provided in paragraph (3), a
person who is registered to
[[Page S5145]]
perform research on a controlled substance may perform
manufacturing activities with small quantities of that
substance, including activities described in paragraph (2),
without being required to obtain a manufacturing
registration, if--
``(A) the activities are performed for the purpose of the
research; and
``(B) the activities and the quantities of the substance
involved in the activities are stated in--
``(i) a notification submitted to the Attorney General
under section 303(n);
``(ii) a research protocol filed with an application for
registration approval under section 303(f); or
``(iii) a notification to the Attorney General that
includes--
``(I) the name of the registrant; and
``(II) an attestation that the research to be conducted
with the small quantities of manufactured substance is
consistent with the scope of the research that is the basis
for the registration.
``(2) Activities included.--Activities permitted under
paragraph (1) include--
``(A) processing the substance to create extracts,
tinctures, oils, solutions, derivatives, or other forms of
the substance consistent with--
``(i) the information provided as part of a notification
submitted to the Attorney General under section 303(n); or
``(ii) a research protocol filed with an application for
registration approval under section 303(f); and
``(B) dosage form development studies performed for the
purpose of requesting an investigational new drug exemption
under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)).
``(3) Exception regarding marijuana.--The authority under
paragraph (1) to manufacture substances does not include the
authority to grow marijuana.''.
(g) Transparency Regarding Special Procedures.--Section 303
of the Controlled Substances Act (21 U.S.C. 823), as amended
by subsection (a), is amended by adding at the end the
following:
``(o) Transparency Regarding Special Procedures.--
``(1) In general.--If the Attorney General determines, with
respect to a controlled substance, that an application by a
practitioner to conduct research with the substance should be
considered under a process, or subject to criteria, different
from the process or criteria applicable to applications to
conduct research with other controlled substances in the same
schedule, the Attorney General shall make public, including
by posting on the website of the Drug Enforcement
Administration--
``(A) the identities of all substances for which such
determinations have been made;
``(B) the process and criteria that shall be applied to
applications to conduct research with those substances; and
``(C) how the process and criteria described in
subparagraph (B) differ from the process and criteria
applicable to applications to conduct research with other
controlled substances in the same schedule.
``(2) Timing of posting.--The Attorney General shall make
information described in paragraph (1) public upon making a
determination described in that paragraph, regardless of
whether a practitioner has submitted such an application at
that time.''.
SEC. 1099. REMOVAL FROM SCHEDULE I OF FENTANYL-RELATED
SUBSTANCES.
Section 201 of the Controlled Substances Act (21 U.S.C.
811) is amended by adding at the end the following:
``(k) Removal From Schedule I of Fentanyl-related
Substances.--
``(1) Determination resulting in removal from all
schedules.--If the Secretary determines, taking into
consideration the factors set forth in paragraph (3), that a
fentanyl-related substance has a potential for abuse that is
less than the drugs or other substances in schedule V--
``(A) the Secretary shall submit to the Attorney General a
scientific and medical evaluation of that fentanyl-related
substance supporting that determination;
``(B) the Secretary shall submit any such evaluation and
determination in writing and include the bases therefor;
``(C) consistent with subsection (b), the scientific and
medical matters contained the evaluation of the Secretary
shall be binding on the Attorney General; and
``(D) except as provided in paragraph (4), not later than
90 days after receiving such evaluation and determination,
the Attorney General shall issue an order removing such
fentanyl-related substance from the schedules under section
202.
``(2) Determination resulting in rescheduling.--If the
Secretary determines, taking into consideration the factors
set forth in paragraph (3), that a fentanyl-related substance
has a potential for abuse that is less than the drugs or
other substances in schedules I and II and has a currently
accepted medical use--
``(A) the Secretary shall submit to the Attorney General a
scientific and medical evaluation of that fentanyl-related
substance supporting that determination;
``(B) the Secretary shall submit any such evaluation and
determination in writing and include the bases therefor;
``(C) consistent with subsection (b), the scientific and
medical matters contained in the evaluation of the Secretary
shall be binding on the Attorney General; and
``(D) except as provided in paragraph (4), not later than
90 days after receiving such evaluation and determination,
the Attorney General shall issue an order removing such
fentanyl-related substance from schedule I and controlling
such substance under schedule III.
``(3) Evaluation factors.--
``(A) In general.--In making a determination under
paragraph (1) or (2), the Secretary--
``(i) shall consider the factor listed in paragraph (2) of
subsection (c), as established by the assessment described in
subparagraph (B) of this paragraph;
``(ii) shall consider the factors listed in paragraphs (1),
(3), and (6) of subsection (c); and
``(iii) may consider the factors listed in paragraphs (4),
(5), and (7) of subsection (c) if the Secretary finds that
evidence exists with respect to those factors.
``(B) Consideration of scientific evidence of
pharmacological effect.--
``(i) In general.--For the purposes of subparagraph (A)(i),
consideration by the Secretary of the results of an
assessment consisting of the studies described in clause (ii)
of this subparagraph shall only suffice to constitute
consideration of the factor listed in paragraph (2) of
subsection (c) if--
``(I) each such study is performed according to scientific
methods and protocols commonly accepted in the scientific
community; and
``(II) the Secretary determines that such assessment is
adequate for such purposes.
``(ii) Described studies.--The studies described in this
clause include the following:
``(I) One or more receptor binding studies that can--
``(aa) demonstrate whether the substance has affinity for
the human mu opioid receptor and assess the duration and
intensity of the binding; and
``(bb) establish displacement by antagonists such as
naloxone.
``(II) One or more in vitro functional assays that can
demonstrate whether the substance has agonist activity at the
human mu opioid receptor.
``(III) One or more in vivo animal behavioral studies that
can demonstrate whether the substance has abuse-related drug
effects consistent with mu opioid agonist activity, such as
demonstrating similarity to the effects of morphine.
``(iii) Guidance.--Not later than 90 days after the date of
enactment of the Halt All Lethal Trafficking of Fentanyl Act,
the Secretary publish guidance describing the parameters for
studies that meet the criteria established under clause (ii).
``(4) Attorney general review.--
``(A) In general.--Notwithstanding a determination by the
Secretary resulting in removal or rescheduling under
paragraph (1) or (2), the Attorney General may not issue an
order of removal or rescheduling if, not later than 90 days
after receiving the applicable evaluation and determination
from the Secretary, the Attorney General finds under the
processes described in subsection (h) that maintaining the
scheduling of the substance is necessary to avoid an imminent
hazard to the public safety.
``(B) Temporary scheduling.--Upon a finding under
subparagraph (A), the substance shall be deemed temporarily
scheduled for the time period described in subsection (h)(2),
which may be extended as provided in that subsection.
``(C) Expiration of temporary scheduling.--Not later than
30 days after the expiration of the time period described in
subparagraph (B) and any extension thereof as described in
that subparagraph, the Attorney General shall issue an order
to remove or reschedule the substance pursuant to the
Secretary's determination unless the substance has otherwise
been scheduled under the processes described in this section.
``(5) Notice from secretary to attorney general.--
``(A) Notice of initiation of proceedings.--Not later than
30 days after the date on which the Secretary initiates
proceedings to evaluate a substance under paragraph (1) or
(2), the Secretary shall notify the Attorney General of the
initiation of the proceedings.
``(B) Advance notice regarding evaluation and conclusion.--
Not later than 30 days before the date on which the Secretary
sends the Attorney General an evaluation and determination
under paragraph (1) or (2), the Secretary shall notify the
Attorney General with respect to the evaluation and
determination.
``(6) Exception for treaty obligations.--If a fentanyl-
related substance is a substance that the United States is
obligated to control under international treaties,
conventions, or protocols in effect on the date of enactment
of the Halt All Lethal Trafficking of Fentanyl Act, this
subsection shall not require the Attorney General--
``(A) to remove such substance from control; or
``(B) to place such substance in a schedule less
restrictive than that which the Attorney General determines
is necessary to carry out such obligations.
``(7) Identification of fentanyl-related substances.--If
the Attorney General determines that a substance is a
fentanyl-related substance, the Attorney General shall--
``(A) not later than 30 days after the date of such
determination, notify the Secretary; and
``(B) include in such notification the identity of the
substance, its structure, and the basis for the
determination.
[[Page S5146]]
``(8) Petitions for transferring a fentanyl-related
substance under the drug schedules.--
``(A) In general.--If a person petitions the Attorney
General to remove a fentanyl-related substance from schedule
I, to reschedule a fentanyl-related substance to another
schedule, or to place a fentanyl-related substance under
schedule I, the Attorney General shall consider such a
petition in accordance with the procedures and standards set
forth in--
``(i) subsections (a) and (b) of this section; and
``(ii) section 1308.43 of title 21, Code of Federal
Regulations (or any successor regulation).
``(B) Attorney general to inform secretary.--Not later than
30 days after the date of accepting a petition described in
subparagraph (A), the Attorney General shall forward a copy
of the petition to the Secretary.
``(C) Determination procedure not precluded by filing of
petition.--The filing of a petition described in this
paragraph shall not preclude the Secretary from making a
determination and sending an evaluation under paragraph (1)
or (2).
``(9) Rules of construction.--Nothing in this subsection
shall be construed to preclude the Attorney General from--
``(A) transferring a substance listed in schedule I to
another schedule, or removing such substance entirely from
the schedules, pursuant to other provisions of this section
and section 202; or
``(B) transferring a fentanyl-related substance from a
schedule other than schedule I to schedule I if information
supports such a transfer.
``(10) Subsequent controlling of removed substance.--A
substance removed from schedule I or II pursuant to this
subsection may, at any time, be controlled pursuant to the
other provisions of this section and section 202 without
regard to the removal pursuant to this subsection.
``(11) Evaluations or studies.--The Secretary may enter
into contracts or other agreements to conduct or support
evaluations or studies of fentanyl-related substances.
``(12) Annual review by secretary.--Not less frequently
than annually, the Secretary shall review fentanyl-related
substances identified under paragraph (8) and evaluate those
substances for potential removal or rescheduling under
paragraphs (1) and (2).''.
SEC. 1099A. RULEMAKING.
(a) Interim Final Rules.--The Attorney General--
(1) shall, not later than 1 year of the date of enactment
of this Act, issue rules to implement this subtitle and the
amendments made by this subtitle; and
(2) may issue the rules under paragraph (1) as interim
final rules.
(b) Procedure for Final Rule.--
(1) Effectiveness of interim final rules.--A rule issued by
the Attorney General as an interim final rule under
subsection (a) shall become immediately effective as an
interim final rule without requiring the Attorney General to
demonstrate good cause therefor, notwithstanding subparagraph
(B) of section 553(b) of title 5, United States Code.
(2) Opportunity for comment and hearing.--An interim final
rule issued under subsection (a) shall give interested
persons the opportunity to comment and to request a hearing.
(3) Final rule.--After the conclusion of such proceedings,
the Attorney General shall issue a final rule to implement
this subtitle and the amendments made by this subtitle in
accordance with section 553 of title 5, United States Code.
______
SA 2918. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. ___. ADDITIONAL FUNDING FOR TESTING OF HYPERSONIC WEAPON
SYSTEMS WITH B-1 BOMBER.
(a) Authorization of Appropriations.--The amount authorized
to be appropriated for fiscal year 2025 by section 201 for
research, development, test, and evaluation is hereby
increased by $30,000,000, with the amount of the increase to
be available for the testing of hypersonic weapon systems
with the B-1 bomber.
(b) Supplement, Not Supplant.--The amount made available by
subsection (a) for the purpose described in such subsection
shall supplement and not supplant amounts otherwise
authorized to be appropriated for such purpose.
____________________