[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. Kelly, Mrs. Blackburn, 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--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.

[[Page S4616]]

       (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

[[Page S4794]]

     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

[[Page S4796]]

     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);

[[Page S4892]]

       (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 N9000'00''W along the projection of the 
     south line of block 386, 206.58 feet to the centerline of the 
     East Waterway;
       (C) thence running N1430'00''E along the centerline and 
     parallel with the northwesterly line of block 386, 64.83 
     feet;
       (D) thence running N3332'59''E, 235.85 feet;
       (E) thence running N3955'22''E, 128.70 feet;
       (F) thence running N1430'00''E, parallel with the 
     northwesterly line of block 386, 280.45 feet;
       (G) thence running N9000'00''E, 70.00 feet to the pierhead 
     line and the northwesterly line of block 386; and
       (H) thence running S1430'00''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.

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