[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5203-S5318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 2919. 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 appropriate place, insert the following:
SEC. _____. ACCESS TO BENEFICIAL OWNERSHIP INFORMATION.
Section 5336 of title 31, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Access to Beneficial Ownership Information.--
``(1) Definitions.--In this subsection:
``(A) Access license.--The term `access license' means a
license to access beneficial ownership information on an oin
accordance with this subsection.
``(B) Covered entity.--The term `covered entity' means a
financial institution that provides, or an entity that
assists a financial institution in providing, screening
services.
``(C) Permitted personnel.--The term `permitted personnel'
means personnel of a covered entity who are permitted to
access beneficial ownership information in accordance with
this subsection.
``(D) Permitted purpose.--The term `permitted purpose'
means the use of beneficial ownership information for
screening services.
``(E) Screening services.--The term `screening services'
means the risk management procedures and activities
undertaken by permitted personnel for the protection of the
United States national security from international illicit
actors and corrupt foreign officials who seek to exploit the
financial systems of the United States by engaging in illicit
activity such as serious tax fraud, human and drug
trafficking, money laundering, financing terrorism.
``(2) Access licenses.--
``(A) In general.--Notwithstanding any other provision of
this section, the Director shall establish a process by which
covered entities may apply to the Director for an access
license.
``(B) Determination.--The Director may not issue an access
license to a covered entity unless the Director determines
that--
``(i) access to beneficial ownership information under this
subsection is predicated upon a reasonable concern for United
States national security and United States economic
stability, by identifying international illicit actors and
corrupt foreign officials and preventing international
illicit activity such as--
``(I) international terrorist financing;
``(II) any activity engaged in by an agent of the
Government of Iran, North Korea, Syria, or any other
government the Secretary of State has determined has
repeatedly provided support for acts of international
terrorism for purposes of--
``(aa) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
``(bb) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(cc) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
``(dd) any other provision of law;
``(III) any activity engaged in by any individual or entity
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; or
``(IV) any other illicit financial conduct directly or
indirectly supporting a transnational criminal organization,
transnational drug trafficking organization, or transnational
money laundering organization;
``(ii) the covered entity limits access to and use of the
beneficial ownership information to permitted personnel of
the covered entity in connection with, or to support,
screening services; and
``(C) the use, disclosure, and retention of the beneficial
ownership information is strictly limited to a permitted
purpose.
``(D) Duration.--
``(i) In general.--An access license issued under this
subsection shall expire on the date that is 2 years after the
date on which the license is issued.
``(ii) Renewal.--An expired access license may be renewed
for 2-year periods in accordance with the process established
under this paragraph.
``(3) Regulations.--The Director shall promulgate
regulations governing the use, disclosure, and retention of
the beneficial ownership information accessed pursuant to an
access license issued under this subsection.''.
______
SA 2920. 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 A of title IX, add the following:
[[Page S5204]]
SEC. 910. ELIMINATION OF THE CHIEF DIVERSITY OFFICER AND
SENIOR ADVISORS FOR DIVERSITY AND INCLUSION.
(a) Repeal of Position.--
(1) In general.--Section 147 of title 10, United States
Code, is repealed.
(2) 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.
(b) Conforming Repeal.--Section 913 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 147 note) is repealed.
(c) 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 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; 10 U.S.C. 147 note), as
such section was in effect before the date of the enactment
of this Act.
______
SA 2921. 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 H of title X, add the following:
SEC. 1095. DENIAL OF RETIREMENT BENEFITS.
(a) In General.--Subchapter II of chapter 83 of title 5,
United States Code, is amended by inserting after section
8312 the following:
``Sec. 8312a. Convicted child molesters
``(a) Prohibition.--
``(1) In general.--An individual, or a survivor or
beneficiary of an individual, may not be paid annuity or
retired pay on the basis of the service of the individual
which is creditable toward the annuity or retired pay,
subject to the exceptions in sections 8311(2) and (3) of this
title and subsections (d) and (e) of this section, if the
individual is convicted of an offense--
``(A) within the purview of section 2241(c), section
2243(a), or paragraph (3) or (5) of section 2244(a) of title
18; and
``(B) for which the conduct constituting the offense is
committed on or after the date of enactment of this section,
which shall include any offense that includes conduct that
continued on or after such date of enactment.
``(2) Notice.--If an individual entitled to an annuity or
retired pay is convicted of an offense described in paragraph
(1), the Attorney General shall notify the head of the agency
administering the annuity or retired pay of the individual.
``(b) Foreign Offenses.--
``(1) In general.--For purposes of subsection (a), a
conviction of an offense within the meaning of such
subsection may be established if the Attorney General
certifies to the agency administering the annuity or retired
pay concerned--
``(A) that an individual has been convicted by an impartial
court of appropriate jurisdiction within a foreign country in
circumstances in which the conduct would constitute an
offense described in subsection (a)(1), had such conduct
taken place within the United States, and that such
conviction is not being appealed or that final action has
been taken on such appeal;
``(B) that such conviction was obtained in accordance with
procedures that provided the defendant due process rights
comparable to such rights provided by the United States
Constitution, and such conviction was based upon evidence
which would have been admissible in the courts of the United
States; and
``(C) that such conduct occurred after the date of
enactment of this section, which shall include any offense
that includes conduct that continued on or after such date of
enactment.
``(2) Review.--Any certification made pursuant to this
subsection shall be subject to review by the United States
Court of Federal Claims based upon the application of the
individual concerned, or his or her attorney, alleging that a
condition set forth in subparagraph (A), (B), or (C) of
paragraph (1), as certified by the Attorney General, has not
been satisfied in his or her particular circumstances. Should
the court determine that any of these conditions has not been
satisfied in such case, the court shall order any annuity or
retirement benefit to which the individual concerned is
entitled to be restored and shall order that any payments
which may have been previously denied or withheld to be paid
by the department or agency concerned.
``(c) Absence From the United States To Avoid
Prosecution.--
``(1) In general.--An individual, or a survivor or
beneficiary of an individual, may not be paid annuity or
retired pay on the basis of the service of the individual in
any position as an officer or employee of the Federal
Government which is creditable toward the annuity or retired
pay, subject to the exceptions in sections 8311(2) and (3) of
this title, if the individual--
``(A) is under indictment for an offense described in
subsection (a); and
``(B) willfully remains outside the United States, or its
territories and possessions including the Commonwealth of
Puerto Rico, for more than 1 year with knowledge of the
indictment.
``(2) Period.--The prohibition on payment of annuity or
retired pay under paragraph (1) applies during the period--
``(A) beginning on the day after the end of the 1-year
period described in paragraph (1); and
``(B) ending on the date on which--
``(i) a nolle prosequi to the entire indictment is entered
on the record or the charges are dismissed by competent
authority;
``(ii) the individual returns and thereafter the indictment
or charges is or are dismissed; or
``(iii) after trial by court or court-martial, the accused
is found not guilty of the offense or offenses.
``(d) Pardons.--
``(1) Restoration of annuity or retired pay.--If an
individual who forfeits an annuity or retired pay under this
section is pardoned by the President, the right of the
individual and a survivor or beneficiary of the individual to
receive annuity or retired pay previously denied under this
section is restored as of the date of the pardon.
``(2) Limitation.--Payment of annuity or retired pay which
is restored under paragraph (1) based on pardon by the
President may not be made for a period before the date of
pardon.
``(e) Payments to Victims.--
``(1) In general.--Notwithstanding section 8346(a), section
8470(a), or any other provision of law exempting an annuity
or retired pay from execution, levy, attachment, garnishment,
or other legal process, if the annuity or retired pay of an
individual is subject to forfeiture under this section, the
head of the agency administering the annuity or retired pay
shall pay, from amounts that would have been used to pay the
annuity or retired pay, amounts to a victim of an offense
described in subsection (a) committed by the individual if
and to the extent payment of such amounts is expressly
provided for in--
``(A) any court order of restitution to or similar
compensation of the victim; or
``(B) any court order or other similar process in the
nature of garnishment for the enforcement of a judgment
rendered against such individual relating to the offense or
the course of conduct constituting the offense.
``(2) Maximum amount.--The total amount paid to a victim
under paragraph (1) shall not exceed the amount that is
subject to forfeiture under this section.
``(3) Limit on refunds.--Contributions and deposits by an
individual whose annuity or retired pay is subject to
forfeiture under this section shall not be refunded under
section 8316 to the extent the amount of such contributions
or deposits are paid to a victim under paragraph (1).
``(f) Spouse or Children Exception.--
``(1) In general.--The Director of the Office of Personnel
Management shall prescribe regulations that may provide for
the payment to the spouse or children of an individual who
forfeits an annuity or retired pay under this section of any
amounts which (but for this subsection) would otherwise have
been nonpayable by reason of this section.
``(2) Scope.--The regulations prescribed under paragraph
(1) shall be consistent with the requirements of section
8332(o)(5) and 8411(l)(5), as applicable.''.
(b) Nonaccrual of Interest on Refunds.--Section 8316 of
title 5, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``under section 8312a or'' before ``because
an individual''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``or''; and
(C) by adding at the end the following:
``(3) if the individual is convicted of an offense
described in section 8312a(a), for the period after the
conviction.''.
(c) Conforming Amendment.--The table of sections for
chapter 83 of title 5, United States Code, is amended by
inserting after the item relating to section 8312 the
following:
``8312a. Convicted child molesters.''.
______
SA 2922. 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 A of title XII, add the following:
SEC. 1216. AVAILABILITY OF AUTHORIZED FUNDS FOR DEPARTMENT OF
DEFENSE STATE PARTNERSHIP PROGRAM.
Section 341(e)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
[[Page S5205]]
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) for a period of not more than 2 years beginning on
the first day of the fiscal year for which such funds are
appropriated.''.
______
SA 2923. 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 D of title XII, add the following:
SEC. 1266. INCLUSION OF CERTAIN PERSONS OF THE PEOPLE'S
REPUBLIC OF CHINA ON ENTITY LISTS.
(a) Findings.--Congress finds the following:
(1) On February 1, 2023, a spy balloon originating from the
People's Republic of China was identified over the skies of
Montana.
(2) From the time the balloon entered the airspace of the
United States until the balloon was terminated on February 4,
2023, the balloon collected and transmitted data regarding
sensitive national security sites, such as the missile fields
at Malmstrom Air Force Base, Cascade County, Montana.
(3) Following the incident the Bureau of Industry and
Security added 6 entities of the People's Republic of China
to the Entity List set forth in Supplement No. 4 to part 744
of the Export Administration Regulations due to support by
such entities for military programs of the People's Republic
of China related to airships and balloons.
(4) Of the 6 entities, only 1 has been added to the Non-SDN
Chinese Military-Industrial Complex Companies List maintained
by the Office of Foreign Assets Control of the Department of
the Treasury and subject to sanctions by the Department of
the Treasury.
(5) According to Executive Order 14032 (86 Fed. Reg. 30145;
relating to addressing the threat from securities investments
that finance certain companies of the People's Republic of
China)--
(A) there is a ``threat posed by the military-industrial
complex of the People's Republic of China and its involvement
in military, intelligence, and security research and
development programs, and weapons and related equipment
production under'' the Military-Civil Fusion strategy of the
People's Republic of China; and
(B) ``the use of Chinese surveillance technology outside
the PRC and the development or use of Chinese surveillance
tech- nology to facilitate repression or serious human rights
abuse constitute unusual and extraordinary threats, which
have their source in whole or substantial part outside the
United States, to the national security, foreign policy, and
economy of the United States''.
(6) Executive Order 14032 explicitly expands the scope of
Executive Order 13959 (50 U.S.C. 1701 note; relating to
addressing the threat from securities investments that
finance Communist Chinese military companies).
(b) Inclusion on Non-SDN Chinese Military-Industrial
Complex Companies List.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall include on the Non-SDN Chinese Military-
Industrial Complex Companies List maintained by the Office of
Foreign Assets Control of the Department of the Treasury the
following persons:
(1) The Beijing Nanjiang Aerospace Technology Company.
(2) The Dongguan Lingkong Remote Sensing Technology
Company.
(3) The Eagles Men Aviation Science and Technology Group
Company.
(4) The Guangzhou Tian-Hai-Xiang Aviation Technology
Company.
(5) The Shanxi Eagles Men Aviation Science and Technology
Group Company.
(c) Inclusion on SDN List.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Treasury shall include on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control the following persons:
(1) Xiong Qunli, the Chairman of China Electronics
Technology Group Corporation.
(2) Wu Zhe, a Chinese scientist and professor of
aeronautics at Beihang University.
(3) Wang Dong, the General Manager and largest shareholder
of Deluxe Family.
______
SA 2924. 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 appropriate place in subtitle E of title X, insert
the following:
SEC. ___. PROHIBITION ON USE OF FUNDS FOR ADULT CABARET
PERFORMANCES.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act for fiscal year 2025 for the
Department of Defense and no facilities owned or operated by
Department of Defense may be used to host, advertise, or
otherwise support an adult cabaret performance.
(b) Definitions.--In this section:
(1) Adult cabaret performance.--The term ``adult cabaret
performance'' means a performance that features topless
dancers, go-go dancers, exotic dances, strippers, or male or
female impersonators who provide entertainment that appeals
to prurient interest.
(2) Facilities owned or operated by the department of
defense.--The term ``facilities owned or operated by the
Department of Defense'' means any facility owned, operated,
or defended by members of the Armed Forces or civilian
employees of the Department of Defense, including maritime
vessels, OCONUS installations, Department of State
facilities, intelligence community facilities, and
cemeteries.
(3) Host, advertise, or otherwise support.--The term
``host, advertise, or otherwise support'' includes such
activities as social media, background checks, transportation
or escort, meal services, event venues, nongovernmental or
nonmilitary related flags, banners, and fliers.
SEC. __. ELIMINATION OF DISCRETION OF MILITARY CHAIN OF
COMMAND AND SENIOR CIVILIAN LEADERSHIP WITH
RESPECT TO DISPLAY OF FLAGS.
Section 1052(d)(1)(N) of the National Defense Authorization
Act for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. 2661
note) is amended by striking subparagraph (N).
______
SA 2925. 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 D of title XII, add the following:
SEC. 1266. PROHIBITION ON USE OF FUNDS FOR WUHAN INSTITUTE OF
VIROLOGY.
None of the funds authorized to be appropriated by this
Act may be made available, directly or indirectly, to the
Wuhan Institute of Virology.
______
SA 2926. 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 subtitle H of title X, insert
the following:
SEC. 10____. WOUNDED KNEE MASSACRE MEMORIAL AND SACRED SITE.
(a) Definitions.--In this section:
(1) Restricted fee status.--The term ``restricted fee
status'' means a status in which the Tribal land--
(A) shall continue to be owned by the Tribes;
(B) shall be part of the Pine Ridge Indian Reservation and
expressly made subject to the civil and criminal jurisdiction
of the Oglala Sioux Tribe;
(C) shall not be transferred without the consent of
Congress and the Tribes;
(D) shall not be subject to taxation by a State or local
government; and
(E) shall not be subject to any provision of law providing
for the review or approval by the Secretary of the Interior
before the Tribes may use the land for any purpose as allowed
by the document titled ``Covenant Between the Oglala Sioux
Tribe and the Cheyenne River Sioux Tribe'' and dated October
21, 2022, directly, or through agreement with another party.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribal land.--The term ``Tribal land'' means the
approximately 40 acres (including the surface and subsurface
estate, and mineral estate, and any and all improvements,
structures, and personal property on those acres) on the Pine
Ridge Indian Reservation in Oglala Lakota County, at Rural
County Road 4, Wounded Knee, South Dakota, and generally
depicted as ``Area of Interest'' on the map entitled
``Wounded Knee Sacred Site and Memorial Land'' and dated
October 26, 2022, which is a segment of the December 29,
1890, Wounded Knee Massacre site.
(4) Tribes.--The term ``Tribes'' means the Oglala Sioux
Tribe and Cheyenne River Sioux Tribe of the Cheyenne River
Reservation, both tribes being among the constituent tribes
of the Great Sioux Nation and signatories to the Fort Laramie
Treaty of 1868 between the United States of America and the
Great Sioux Nation, 15 Stat. 635.
(b) Land Held in Restricted Fee Status by the Tribes.--
(1) Action by secretary.--Not later than 365 days after
enactment of this Act, the Secretary shall--
(A) complete all actions, including documentation and minor
corrections to the survey and legal description of Tribal
land, necessary for the Tribal land to be held by the Tribes
in restricted fee status; and
[[Page S5206]]
(B) appropriately assign each applicable private and
municipal utility and service right or agreement with regard
to the Tribal land.
(2) Conditions.--
(A) Federal laws relating to indian land.--Except as
otherwise provided in this section, the Tribal land shall be
subject to Federal laws relating to Indian country, as
defined by section 1151 of title 18, United States Code and
protected by the restriction against alienation in section
177 of title 25, United States Code.
(B) Use of land.--The Tribal land shall be used for the
purposes allowed by the document titled ``Covenant Between
the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe''
and dated October 21, 2022.
(C) Encumbrances and agreements.--The Tribal land shall
remain subject to any private or municipal encumbrance,
right-of-way, restriction, easement of record, or utility
service agreement in effect on the date of the enactment of
this Act.
(D) Gaming.--Pursuant to the document titled ``Covenant
Between the Oglala Sioux Tribe and the Cheyenne River Sioux
Tribe'' and dated October 21, 2022, the Tribal land shall not
be used for gaming activity under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
______
SA 2927. 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 casualties, wounded, and materials or
equipment losses for each country involved in the conflict .
______
SA 2928. 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 D of title XII, add the following:
SEC. 1266. PROHIBITION ON USE OF FUNDS FOR ACADEMY OF
MILITARY MEDICAL SCIENCES OF THE PEOPLE'S
LIBERATION ARMY.
None of the funds authorized to be appropriated by this
Act may be made available, directly or indirectly, to the
Academy of Military Medical Sciences of the People's
Liberation Army or any research institute controlled by, or
affiliated with, the Academy of Military Medical Sciences of
the People's Liberation Army, including the Beijing Institute
of Microbiology and Epidemiology.
______
SA 2929. Mr. BRAUN (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 II, insert the following:
SEC. ___. PLAN FOR LEVERAGING HYPERSONIC TEST FACILITIES OF
ACADEMIC INSTITUTIONS.
(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 plan for
leveraging the hypersonic test facilities of academic
institutions to lower the cost burden of hypersonic testing
on industry and accelerate innovation, development, and
deployment of new systems, while addressing critical national
security needs.
(b) Contents.--The plan submitted pursuant to subsection
(a) shall include the following:
(1) An inventory of current hypersonics test
infrastructure.
(2) An inventory and the status of relevant hypersonics
test infrastructure planned or under construction.
(3) An assessment of relevant hypersonics test
infrastructure at academic institutions.
(4) A proposal for standardizing accessibility, cost
structures, and use requirements for hypersonic facilities at
academic institutions to match those of facilities located at
Department of Defense laboratories and Department-supported
industry test facilities.
(5) A timeline for implementation of this standardization.
______
SA 2930. 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 part I of subtitle F of title V, insert the
following:
SEC. 578. INTERVENTIONS RELATING TO DYSLEXIA AT SCHOOLS
OPERATED BY DEPARTMENT OF DEFENSE EDUCATION
ACTIVITY.
(a) Dyslexia Screening Program.--The Director of the
Department of Defense Education Activity shall establish a
dyslexia screening program, under which each school operated
by the Activity screens--
(1) each student enrolled in the school for dyslexia near
the end of kindergarten and near the end of first grade; and
(2) screens new enrollees in the school regardless of year,
unless the new enrollee has already been diagnosed with
dyslexia.
(b) Other Interventions.--The Director shall--
(1) develop and implement a plan for comprehensive literacy
instruction;
(2) provide high-quality training for school personnel,
particularly specialized instructional support personnel
related to dyslexia; and
(3) ensure that each district of schools operated by the
Activity employs at least one specialized instructional
support personnel who specializes in dyslexia.
(c) Reports Required.--Not later than 60 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Director shall submit to Congress a report on
the implementation of the dyslexia screening program required
by subsection (a) and on the high-quality training for school
personnel required by subsection (b) that includes the number
of students identified as having dyslexia under the program.
(d) Definitions.--In this section:
(1) Comprehensive literacy instruction.--The term
``comprehensive literacy instruction'' has the meaning given
that term in section 2221(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6641(b)(1)).
(2) Dyslexia.--The term ``dyslexia'' means an unexpected
difficulty in reading for an individual who has the
intelligence to be a much better reader, most commonly caused
by a difficulty in the phonological processing (the
appreciation of the individual sounds of spoken language),
which affects the ability of an individual to speak, read,
and spell.
(3) Dyslexia screening program.--The term ``dyslexia
screening program'' means a screening program for dyslexia
that is--
(A) evidence-based (as defined in section 8101(21)(A)(i) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(21)(A)(i))) with proven psychometrics for validity;
(B) efficient and low-cost; and
(C) readily available.
(4) Specialized instructional support personnel.--The term
``specialized instructional support personnel'' means
personnel described in section 8101(47)(A)(ii) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(47)(A)(ii)).
______
SA 2931. 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 appropriate place in subtitle H of title X, insert
the following:
SECTION 10_____. REINSTATEMENT OF THE BULL MOUNTAINS MINING
PLAN MODIFICATION.
(a) Definition of Bull Mountains Mining Plan
Modification.--In this section, the term ``Bull Mountains
Mining Plan Modification'' means Amendment 3, Bull Mountains
Mine No. 1, Mining Plan Modification for Federal Coal Lease
MTM 97988, that was--
(1) analyzed by the Office of Surface Mining Reclamation
and Enforcement Environmental Assessment, dated May 11, 2018;
(2) approved by the Department of the Interior Assistant
Secretary for Land and Minerals Management on August 3, 2018;
(3) further analyzed in the Office of Surface Mining
Reclamation and Enforcement Environmental Assessment, dated
October 2020; and
(4) affirmed by Department of the Interior Principal Deputy
Assistant Secretary for Land and Minerals Management in a
concurrence memorandum, dated November 18, 2020.
(b) Bull Mountains Mining Plan Modification
Reinstatement.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior shall,
without modification or delay, reinstate the Bull Mountains
Mining Plan Modification.
(2) Duration.--On reinstatement under paragraph (1), the
Bull Mountains Mining Plan Modification shall remain in
effect and
[[Page S5207]]
operational until mining under the Bull Mountains Mining Plan
Modification is complete, as determined by the Montana
Department of Environmental Quality.
______
SA 2932. Mr. DAINES (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, 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.
(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.--
[[Page S5208]]
(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 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
[[Page S5209]]
(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.--
(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.
[[Page S5210]]
(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.
(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
[[Page S5211]]
(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.
(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
[[Page S5212]]
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 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
[[Page S5213]]
(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
(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,
[[Page S5214]]
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 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
[[Page S5215]]
(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);
(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--
[[Page S5216]]
(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 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.
[[Page S5217]]
(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 2933. 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, or
both, 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 therein or 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 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 2934. 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:
[[Page S5218]]
SEC. 562. COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM
REGARDING MILITARY SEXUAL TRAUMA.
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 military sexual trauma.''.
______
SA 2935. 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 appropriate place in title XXXI, insert the
following:
SEC. ___. EXPANSION OF AUTHORITY OF SECRETARY OF ENERGY
REGARDING PROTECTION OF CERTAIN NUCLEAR
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
Section 4510 of the Atomic Energy Defense Act (50 U.S.C.
2661) is amended--
(1) in subsection (a), by inserting ``section 46502 of
title 49, United States Code, section 705 of the
Communications Act of 1934 (47 U.S.C. 605), or'' after
``Notwithstanding''; and
(2) in subsection (e)(1)(C), by striking ``owned by the
United States or contracted to the United States, to'' and
inserting ``owned by or contracted to the Department of
Energy, including facilities that''.
______
SA 2936. 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 appropriate place in title XXXII, insert the
following:
SEC. 31___. HIRING POWER OF DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
Section 313(b)(1)(B) of the Atomic Energy Act of 1954 (42
U.S.C. 2286b(b)(1)(B)) is amended by striking ``the Board
determines to be reasonable'' and inserting ``that do not
exceed level II of the Executive Schedule under section 5313
of that title''.
______
SA 2937. Ms. WARREN (for herself and Ms. Ernst) 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 711 and insert the following:
SEC. 711. MODIFICATIONS TO BRAIN HEALTH INITIATIVE OF
DEPARTMENT OF DEFENSE.
Section 735 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
10 U.S.C. 1071 note) is amended--
(1) in subsection (b)(1)--
(A) by amending subparagraph (B) to read as follows:
``(B) The identification and dissemination of thresholds
for blast exposure and overpressure safety and associated
emerging scientific evidence that--
``(i) cover brain injury and impulse noise;
``(ii) measure impact over 24-hour, 72-hour to 96-hour,
monthly, annual, and lifetime periods;
``(iii) are designed to prevent cognitive deficits after
firing;
``(iv) account for the firing of multiple types of heavy
weaponry and use of grenades in one period of time;
``(v) include minimum safe distances and levels of exposure
for observers and instructors; and
``(vi) address shoulder-fired heavy weapons.''; and
(B) by adding at the end the following new subparagraphs:
``(H) The establishment of a standardized treatment program
based on interventions that have shown benefit to individuals
with brain health issues after a brain injury and the
provision of that treatment program to individuals with brain
health issues after a brain injury resulting from a potential
brain exposure described in subparagraph (A) or high-risk
training or occupational activities described in subparagraph
(D).
``(I) The establishment of policies to encourage members of
the Armed Forces to seek support for brain health when
needed, prevent retaliation against such members who seek
care, and address other barriers to seeking help for brain
health due to the impact of blast exposure, blast
overpressure, or traumatic brain injury.
``(J) The modification of existing weapons systems to
reduce blast exposure of the individual using the weapon and
those within the minimum safe distance.'';
(2) in subsection (c), by striking ``each of fiscal years
2025 through 2029'' and inserting ``each fiscal year'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``or other remote
measurement technology'' after ``wearable sensors''; and
(B) by adding at the end the following new paragraph:
``(4) Weapons use.--Monitoring activities under a pilot
program conducted pursuant to paragraph (1) shall be carried
out for any member of the Armed Forces firing tier 1 weapons
in training or combat, as identified by the Secretary of
Defense.'';
(4) by striking subsections (e) and (f);
(5) by redesignating subsection (g) as subsection (h); and
(6) by inserting after subsection (d) the following new
subsections:
``(e) Thresholds for Blast Exposure and Overpressure
Safety.--
``(1) Deadline.--
``(A) In general.--Not later than January 1, 2027, the
Secretary of Defense shall identify and disseminate the
thresholds for blast exposure and overpressure safety
required under subsection (b)(1)(B).
``(B) Update.--Not less frequently than once every five
years following the identification and dissemination under
subparagraph (A) of the thresholds for blast exposure and
overpressure safety required under subsection (b)(1)(B), the
Secretary of Defense shall update those thresholds.
``(2) Formal training requirement.--The Secretary of
Defense shall ensure that training on the thresholds for
blast exposure and overpressure safety is provided to members
of the Armed Forces before training, deployment, or entering
other high-risk environments where exposure to blast
overpressure is likely.
``(3) Central repository.--Not later than January 1, 2027,
the Secretary of Defense shall establish a central repository
of blast-related characteristics, such as pressure profiles
and common blast loads associated with specific systems and
the environments in which they are used.
``(4) Waivers.--
``(A) Protocols.--The Secretary of Defense may establish
and implement protocols to require waivers in cases in which
members of the Armed Forces must exceed the safety thresholds
described in subsection (b)(1)(B), which shall include a
justification for exceeding those safety thresholds.
``(B) Tracking system.--Not later than one year after
establishing protocols for waivers under subparagraph (A),
the Secretary of Defense shall establish a Department of
Defense-wide tracking system for such waivers, which shall
include data contributed by the Secretary of each military
department.
``(C) Report on waivers.--Not later than one year after
establishing protocols for waivers under subparagraph (A),
and annually thereafter for a period of five years, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on such waivers that includes--
``(i) the number of waivers issued, disaggregated by
military department; and
``(ii) a description of actions taken by the Secretary
concerned to track the health effects on members of the Armed
Forces of exceeding safety thresholds described in subsection
(b)(1)(B), document those effects in medical records, and
provide care to those members.
``(f) Strategies for Mitigation and Prevention of Blast
Exposure and Overpressure Risk for High-risk Individuals.--
Not later than January 1, 2027, the Secretary of Defense
shall establish strategies for mitigating and preventing
blast exposure and blast overpressure risk for individuals
most at risk for exposure to high-risk training or high-risk
occupational activities, which shall include--
``(1) a timeline and process for implementing those
strategies;
``(2) a determination of the frequency with which those
strategies will be updated, which shall be not less
frequently than once every five years; and
``(3) an assessment of how information regarding those
strategies will be disseminated to such individuals,
including after those strategies are updated.
``(g) Reports on Warfighter Brain Health Initiative.--Not
later than March 31, 2025, and not less frequently than
annually thereafter for a period of five years, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report that
includes the following:
``(1) A description of the activities taken under the
Initiative and resources expended under the Initiative during
the prior fiscal year.
``(2) The number of members of the Armed Forces impacted by
blast overpressure and blast exposure in the prior fiscal
year, including--
``(A) the number of members who reported adverse health
effects from blast overpressure or blast exposure;
``(B) the number of members exposed to blast overpressure
or blast exposure;
``(C) the number of members who received treatment for
injuries related to blast overpressure or blast exposure,
including at facilities of the Department of Defense and at
facilities in the private sector; and
[[Page S5219]]
``(D) the type of care that members receive from facilities
of the Department of Defense and the type of care that
members receive from facilities in the private sector.
``(3) A summary of the progress made during the prior
fiscal year with respect to the objectives of the Initiative
under subsection (b).
``(4) A description of the steps the Secretary is taking to
ensure that activities under the Initiative are being
implemented across the Department of Defense and the military
departments.''.
______
SA 2938. 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:
Strike section 1413.
______
SA 2939. 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 G--Caribbean Basin Security Initiative
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Caribbean Basin
Security Initiative Authorization Act''.
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
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(2) Beneficiary countries.--The term ``beneficiary
countries'' means--
(A) Antigua and Barbuda;
(B) the Bahamas;
(C) Barbados;
(D) Dominica;
(E) the Dominican Republic;
(F) Grenada;
(G) Guyana;
(H) Jamaica;
(I) Saint Lucia;
(J) Saint Kitts and Nevis;
(K) Saint Vincent and the Grenadines;
(L) Suriname; and
(M) Trinidad and Tobago.
SEC. 1293. 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 $88,000,000 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. 1294. 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
[[Page S5220]]
country, with respect to each purpose described in section
1293.
(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 and the United States Agency
for International Development to prevent overlap and
unintended competition between activities and resources of
other Federal departments or agencies.
(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. 1295. 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 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 2940. 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. MODIFICATION OF SUPPORT FOR EXECUTION OF BILATERAL
AGREEMENTS CONCERNING ILLICIT TRANSNATIONAL
MARITIME ACTIVITY.
Section 1808 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31; 137 Stat. 668; 10 U.S.C.
331 note) is amended--
(1) in the section heading, by striking ``in africa''; and
(2) in subsection (a), by striking ``African''.
______
SA 2941. 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 C of title VIII, add the following:
SEC. 855. FUNDING FOR PROCUREMENT TECHNICAL ASSISTANCE
AGREEMENTS.
(a) Establishing Parity of Funding Assistance for Native
American APEX Accelerators.--Section 4955(a) of title 10,
United States Code, is amended by striking ``$1,000,000'' and
inserting ``$1,500,000''.
(b) Authority to Transfer Funds for Implementation of
Program Assistance Agreements.--Section 4955 of title 10,
United States Code, is amended by inserting at the end the
following new subsection:
``(e) Authority to Transfer Funds for Implementation of
Program Assistance Agreement.--Funds appropriated pursuant to
this section for a Department of Defense Procurement
Technical Assistance Cooperative Agreement Program (otherwise
referred to as an APEX Accelerator program) may be
transferred to any other appropriation solely for the purpose
of implementing a Procurement Technical Assistance
Cooperative Agreement Program assistance agreement pursuant
to section 1241 of the National Defense Authorization Act for
Fiscal Year 1985 (Public Law 98-525), as amended, under the
authority of this provision or any other transfer
authority.''.
______
SA 2942. 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 VI, insert the following:
SEC. 6__. COMBATTING ILLICIT TOBACCO PRODUCTS.
(a) In General.--Beginning not later than 120 days after
the date of the enactment of this Act, no exchange or
commissary store operated by or for a military resale entity
shall offer for sale any ENDS product or oral nicotine
product unless the manufacturer of such product executes and
delivers to the appropriate officer for each military resale
entity a certification form for each ENDS product or oral
nicotine product offered for retail sale at an exchange or
commissary store that attests under penalty of perjury the
following:
(1) The manufacturer has received a marketing granted order
for such product under section 910 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387j).
(2) The manufacturer submitted a timely filed premarket
tobacco product application for such product, and the
application either remains under review by the Secretary or
has received a denial order that has been and remains stayed
by the Secretary or court order, rescinded by the Secretary,
or vacated by a court.
(b) Failure to Submit Certification.--A manufacturer shall
submit the certification forms required in subsection (a) on
an annual basis. Failure to submit such forms to a military
resale entity as required under the preceding sentence shall
result in the removal of the relevant ENDS product or oral
nicotine product from sale at any exchange or commissary
store operated by or for such military resale entity.
(c) Certification Contents.--
(1) In general.--A certification form required under
subsection (a) shall separately list each brand name, product
name, category (such as e-liquid, power unit, device, e-
liquid cartridge, e-liquid pod, or disposable), and flavor
for each product that is sold offered for sale by the
manufacturer submitting such form.
(2) Other items.--A manufacturer shall, when submitting a
certification under subsection (a), include in that
submission--
(A) a copy of the publicly available marketing order
granted under section 910 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 387j), as redacted by the Secretary
and made available on the agency website;
(B) a copy of the acceptance letter issued under such
section for a timely filed premarket tobacco product
application; or
(C) a document issued by the Secretary or by a court
confirming that the premarket tobacco product application has
received a denial order that has been and remains stayed by
the Secretary or court order, rescinded by the Secretary, or
vacated by a court.
(d) Development of Forms and Publication.--
[[Page S5221]]
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, each military resale entity
shall--
(A) develop and make public the certification form such
entity will require a manfacturer to submit to meet the
requirement under subsection (a); and
(B) provide instructions on how such certification form
shall be submitted to such entity.
(2) Submission in case of failure to publish form.--If a
military resale entity fails to prepare and make public the
certification form required by subsection (a), a manufacturer
may submit information necessary to prove compliance with the
requirements of this section.
(e) Changes to Certification Form.--A manufacturer that
submits a certification form under subsection (a) shall
notify each military resale entity to which such
certification was submitted not later than 30 days after
making any material change to the certification form,
including--
(1) the issuance or denial of a marketing authorization or
other order by the Secretary pursuant to section 910 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387j); or
(2) any other order or action by the Secretary or any court
that affects the ability of the ENDS product or oral nicotine
product to be introduced or delivered into interstate
commerce for commercial distribution in the United States.
(f) Directory.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, each military resale entity shall
maintain and make publicly available on its official website
a directory that lists all ENDS product and oral nicotine
product manufacturers and all product brand names, categories
(such as e-liquid, e-liquid cartridge, e-liquid pod, or
disposable), product names, and flavors for which
certification forms have been submitted and approved by the
military resale entity.
(2) Updates.--Each military resale entity shall--
(A) update the directory under paragraph (1) at least
monthly to ensure accuracy; and
(B) establish a process to provide each exchange or
commissary store notice of the initial publication of the
directory and changes made to the directory in the preceding
month.
(3) Exclusions and removals.--An ENDS product or oral
nicotine product shall not be included or retained in a
directory of a military resale entity if the military resale
entity determines that any of the following apply:
(A) The manufacturer failed to provide a complete and
accurate certification as required by this section.
(B) The manufacturer submitted a certification that does
not comply with the requirements of this section.
(C) The information provided by the manufacturer in its
certification contains false information, material
misrepresentations, or omissions.
(4) Notice required.--In the case of a removal of a product
from a directory under paragraph (3), the relevant military
resale entity shall provide to the manufacturer involved
notice and at least 30 days to cure deficiencies before
removing the manufacturer or its products from the directory.
(5) Effect of removal.--The ENDS product or oral nicotine
product of a manufacturer identified in a notice of removal
under paragraph (4) are, beginning on the date that is 30
days after such removal, subject to seizure, forfeiture, and
destruction, and may not be purchased or sold for retail sale
at any exchange or commissary store operated by or for a
military resale entity.
(g) Definitons.--In this section:
(1) ENDS product.--The term ``ENDS product''--
(A) means any non-combustible product that employs a
heating element, power source, electronic circuit, or other
electronic, chemical, or mechanical means, regardless of
shape or size, to produce vapor from nicotine in a solution;
(B) includes a consumable nicotine liquid solution suitable
for use in such product, whether sold with the product or
separately; and
(C) does not include any product regulated as a drug or
device under chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351 et seq.).
(2) Military resale entity.--The term ``military resale
entity'' means--
(A) the Defense Commissary Agency;
(B) the Army and Air Force Exchange Service;
(C) the Navy Exchange Service Command; and
(D) the Marine Corps Exchange.
(3) Oral nicotine product.--The term ``oral nicotine
product'' means--
(A) means any non-combustible product that contains
nicotine that is intended to be placed in the oral cavity;
and
(B) does not include--
(i) any ENDS product;
(ii) smokeless tobacco (as defined in section 900 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387)); or
(iii) any product regulated as a drug or device under
chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 351 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting through the Commissioner
of Food and Drugs.
(5) Timely filed premarket tobacco product application.--
The term ``timely filed premarket tobacco product
application'' means an application that was submitted under
section 910 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 387j) on or before September 9, 2020, and accepted for
filing with respect to an ENDS product or oral nicotine
product containing nicotine marketed in the United States as
of August 8, 2016.
______
SA 2943. 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 B of VIII, insert the following:
SEC. 829. LIMITATION ON AVAILABILITY OF FUNDS FOR CHILLER
CLASS PROJECTS OF THE DEPARTMENT OF THE AIR
FORCE.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2025 for the Air Force may be obligated or
expended to acquire goods or services under a non-competitive
justification and approval for the purposes of standardizing
the heating, ventilation, and air conditioning chillers at
installations of the Air Force until the date on which the
Secretary of Defense submits to the congressional defense
committees the certification described in subsection (b).
(b) Certification Described.--The certification described
in this subsection is a certification that--
(1) the Secretary of Defense has developed a methodology to
compare the cost of initially acquiring the heating,
ventilation, and air conditioning chillers and equipment
supporting such chillers for the purposes described in
subsection (a) under a non-competitive justification and
approval to the cost of initially acquiring such chillers and
equipment for such purposes using competitive procedures;
(2) the Secretary of Defense has established metrics to
measure the effects of standardizing the heating,
ventilation, and air conditioning chillers at installations
of the Air Force, including the costs of training
technicians, any savings resulting from the ability of
employees of the Government to repair such chillers, the cost
of initially acquiring chillers and equipment supporting such
chillers for such purpose, and the life cycle costs of such
chillers; and
(3) the Secretary of Defense has collected data
demonstrating that the use of procedures other than
competitive procedures to acquire chillers for the purposes
of standardizing the heating, ventilation, and air
conditioning chillers at installations of the Air Force has
resulted in lower life cycle costs compared to using
competitive procedures for such acquisitions.
(c) Definitions.--In this section:
(1) Competitive procedures.--The term ``competitive
procedures'' has the meaning given such term in section 3012
of title 10, United States Code.
(2) Non-competitive justification and approval.--The term
``non-competitive justification and approval'' means the
justification and approval required by section 3204(e)(1) of
title 10, United States Code, for the use of procedures other
than competitive procedures to award a contract.
______
SA 2944. 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. SUBSCRIPTION TO ADDITIONAL SHARES OF CAPITAL STOCK
OF THE INTER-AMERICAN INVESTMENT CORPORATION.
The Inter-American Investment Corporation Act (22 U.S.C.
283aa et seq.) is amended by adding at the end the following:
``SEC. 212. SUBSCRIPTION TO ADDITIONAL SHARES OF CAPITAL
STOCK OF THE CORPORATION.
``(a) In General.--The Secretary of the Treasury may
subscribe on behalf of the United States to not more than
58,942 additional shares of the capital stock of the
Corporation.
``(b) Limitation.--Any subscription to the additional
shares shall be effective only to such extent or in such
amounts as are provided in an appropriations Act.
``(c) Report Required.--
``(1) In general.--At the conclusion of negotiations for an
increase in the authorized capital stock of the Corporation
to which the United States subscribes, the Secretary of the
Treasury shall submit to the committees specified in
paragraph (2) a report that includes--
[[Page S5222]]
``(A) the full dollar amount of the United States
subscription to additional shares of capital stock of the
Corporation; and
``(B) a certification that the Inter-American Development
Bank Group has made satisfactory progress toward reforms
that--
``(i) increase the responsiveness of the Inter-American
Development Bank Group to the development needs of all
borrowing countries in Latin America and the Caribbean;
``(ii) improve the effectiveness of the financing of the
Inter-American Development Bank Group;
``(iii) foster the development of a vibrant private sector
in the region;
``(iv) help address global and regional challenges; and
``(v) promote more efficient use of the financial resources
of the Inter-American Development Bank Group.
``(2) Committees specified.--The committees specified in
this paragraph are--
``(A) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Appropriations and the Committee on
Financial Services of the House of Representatives.''.
______
SA 2945. Mr. BLUMENTHAL (for Mr. Lee (for himself and Mr.
Blumenthal)) submitted an amendment intended to be proposed by Mr.
Blumenthal to the bill S. 4638, to authorize appropriations for fiscal
year 2025 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military 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.
The National Emergencies Act (50 U.S.C. 1621 et seq.) is
amended by inserting after title I the following:
``TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
``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 a period of 30 calendar 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 such 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 a
period of 30 calendar 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 such 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--
``(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 pursuant to authorities
provided as a result of 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 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) Consideration in senate.--In the Senate, the
following shall apply:
[[Page S5223]]
``(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.
``(4) Consideration in house of representatives.--In the
House of Representatives, 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 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 the 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.
``(5) 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) and (4),
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 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. APPLICABILITY.
``This title shall apply to a national emergency pursuant
to which the President proposes to exercise emergency powers
or authorities made available under any provision of law that
is not a provision of law described in section 604(a).''.
SEC. 1098. REPORTING REQUIREMENTS.
Section 401 of the National Emergencies Act (50 U.S.C.
1641) is amended--
(1) in subsection (c)--
(A) in the first sentence by inserting ``, and make
publicly available'' after ``transmit to Congress''; and
(B) in the second sentence by inserting ``, and make
publicly available,'' before ``a final report''; and
(2) by adding at the end the following:
``(d) Report on Emergencies.--The President shall transmit
to the entities described in subsection (g), 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) The total expenditures estimated to be incurred by
the United States Government during such six-month period
which are directly attributable to the exercise of powers and
authorities conferred by such declaration.
``(5) 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 the entities described in subsection (g)
such other information as such entities 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 the entities
described in subsection (g) on the status of the emergency,
the total expenditures incurred by the United States
Government, and the actions the President or other officers
have taken and authorities the President and such officers
have relied on in addressing the emergency.
``(g) Entities Described.--The entities described in this
subsection are--
``(1) the Speaker of the House of Representatives;
``(2) minority leader of the House of Representatives;
``(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(4) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
SEC. 1099. EXCLUSION OF CERTAIN NATIONAL EMERGENCIES INVOKING
INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.
(a) In General.--The National Emergencies Act (50 U.S.C.
1601 et seq.) is further amended by adding at the end the
following:
``TITLE VI--DECLARATIONS OF CERTAIN EMERGENCIES INVOKING INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT
``SEC. 604. APPLICABILITY.
``(a) In General.--This title shall apply to 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.).
[[Page S5224]]
``(b) Effect of Additional Powers and Authorities.--This
title 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 (a), the President
proposes to exercise, pursuant to the national emergency, any
emergency powers and authorities under any other provision of
law.''.
(b) Transfer.--Sections 201, 202, and 301 of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such sections
appeared on the day before the date of enactment of this Act,
are--
(1) transferred to title VI of such Act (as added by
subsection (a));
(2) inserted before section 604 of such title (as added by
subsection (a)); and
(3) redesignated as sections 601, 602, and 603,
respectively.
(c) Conforming Amendment.--Title II of the National
Emergencies Act (50 U.S.C. 1601 et seq.), as such title
appeared the day before the date of enactment of this Act, is
amended by striking the heading for such title.
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(b) of the International Emergency Economic Powers Act (50
U.S.C. 1706) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
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 such date.
(b) Applicability to Renewals of Existing Emergencies.--
With respect to a national emergency declared under section
201 of the National Emergencies Act before the date of the
enactment of this Act that 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 1097.
(c) Supersession.--This subtitle and the amendments made by
this subtitle shall supersede title II of the National
Emergencies Act (50 U.S.C. 1621 et seq.) as such title was in
effect on the day before the date of enactment of this Act.
______
SA 2946. Mr. TUBERVILLE (for Mr. Lee) submitted an amendment intended
to be proposed by Mr. Tuberville to the bill S. 4638, to authorize
appropriations for fiscal year 2025 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
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. ANNUAL 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) extend beyond the global war on terror; and
(B) include near-peer threats; and
(2) the President should seek from each country described
in subsection (c)(2) acceptance of international security
responsibilities and agreements to make contributions to the
common defense in accordance with the collective defense
agreements or treaties to which such country is a party.
(c) Annual Report 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; and
(D) any actions undertaken by the United States or by other
countries to minimize such limitations.
(2) Countries described.--The countries described in this
paragraph are the following:
(A) Each member country of the North Atlantic Treaty
Organization.
(B) Each member country of the Gulf Cooperation Council.
(C) Each country party to the Inter-American Treaty of
Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro
September 2, 1947, and entered into force December 3, 1948
(TIAS 1838).
(D) Australia.
(E) Japan.
(F) New Zealand.
(G) The Philippines.
(H) South Korea.
(I) Thailand.
(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 2947. 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 XVI, insert the
following:
SEC. __. USE OF OPERATIONS AND MAINTENANCE FUNDS FOR
PROCUREMENT OF SOFTWARE AS A SERVICE AND DATA
AS A SERVICE.
(a) Authority To Use Certain Funds.--Amounts authorized to
be appropriated for fiscal year 2025 by section 301 for
operation and maintenance may be used to procure software as
a service and data as a service and modify software to
include artificial intelligence systems to meet the
operational needs of the Department of Defense.
(b) Revised Regulations.--The Secretary of Defense shall
revise or develop regulations as necessary to carry out
subsection (a). Such regulations shall include provisions
governing the procurement and modification of software, data,
and artificial intelligence systems, and the oversight of
such activities.
(c) Sunset.--The authority provided by subsection (a) shall
terminate on September 30, 2026.
(d) Definitions.--In this section:
(1) The term ``artificial intelligence system'' means a
system that is capable of performing tasks that normally
require human-like cognition, including learning,
decisionmaking, and problem-solving.
(2) The term ``data as a service'' means a data delivery
model in which data is provided on a subscription basis and
is accessed remotely over the internet.
(3) The term ``software'' has the meaning given the term in
the Federal Acquisition Regulation, including noncommercial,
commercial, and commercial-off-the-shelf software.
(4) The term ``software as a service'' means a software
delivery model in which software is provided on a
subscription basis and is accessed remotely over the
internet.
______
SA 2948. 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) Contracts.--The Secretary of Defense may contract with
independent research institutes or consultants, nonprofit or
public
[[Page S5225]]
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).
(3) 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 2949. 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 end of title XI, add the following:
SEC. 1115. EXTENSION OF DEMONSTRATION PROJECT ON ACQUISITION
PERSONNEL MANAGEMENT.
Section 1762(g) of title 10, United States Code, is amended
by striking ``2026'' and inserting ``2031''.
______
SA 2950. 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 end of subtitle E of title VIII, add the following:
SEC. 891. REVISION OF EXECUTIVE AGENCY WAIVER AUTHORITY FOR
CERTAIN PURCHASES.
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.) is amended--
(1) in subsection (a)(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 ``; or''; and
(C) by adding at the end the following new subparagraph:
``(C) prohibit the Secretary of Defense from procuring with
an entity to provide vital supplies, equipment, services,
food, clothing, transportation, care, or support for U.S.
forces outside of the United States.''; and
(2) in subsection (d), by adding at the end the following
new paragraph:
``(3) Secretary of defense.--The Secretary of Defense may
provide a waiver with respect to the prohibition under
subsection (a)(1)(B) on a date later than the effective dates
described in subsection (c) if the Secretary determines the
waiver is in the national security interests of the United
States. The waiver shall not take effect until 15 days after
the Secretary provides to the appropriate congressional
defense committees written notification of intent to exercise
the waiver.''.
______
SA 2951. 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
the Association to acquire such services.''.
______
SA 2952. 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 VII, insert the
following:
SEC. 7___. PREVENTING PERINATAL MENTAL HEALTH CONDITIONS
AMONGST PREGNANT AND POSTPARTUM SERVICEWOMEN
AND DEPENDENTS TO IMPROVE MILITARY READINESS.
(a) Pilot Program.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary, acting through
the Director of the Defense Health Agency, shall establish a
pilot program to assess the feasibility and impact of
providing evidence-based perinatal mental health prevention
programs for eligible members and dependents within military
treatment facilities with the goal of reducing the rates of
perinatal mental health conditions and improving the military
readiness of members of the Armed Forces and their families.
(2) Implementation.--In implementing the pilot program, the
Secretary shall--
(A) integrate evidence-based perinatal mental health
prevention programs for eligible members and dependents
within existing maternal or pediatric care or programming,
including primary care, obstetric care, pediatric care, and
family and parenting programs, when applicable;
(B) select sites for the pilot program--
(i) in a manner that represents the diversity of the Armed
Forces, including--
(I) not fewer than 2 military treatment facilities for each
military department; and
(II) geographically diverse sites across the United States,
excluding any territory or possession of the United States;
and
(ii) by prioritizing of military treatment facilities with
established maternal health programs or women's clinics;
(C) implement the prevention programs at times, locations,
and in a manner that incentivizes participation by eligible
members and dependents, including by removing barriers to
participation, such as childcare availability, differences in
military rank and occupation, and any other factors as the
Secretary shall determine; and
(D) increase awareness of and encourage participation in
care and programming for eligible members and dependents.
(b) Advisory Committee.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall establish an
advisory committee to assist the Secretary in implementing
the pilot program pursuant to subsection (a)(2).
(2) Composition.--Members of the advisory committee shall--
(A) be appointed by the Secretary; and
(B) include--
(i) members of the Armed Forces and dependents, including
individuals who--
(I) are or have experienced perinatal care in the previous
five years while in the Armed Forces;
(II) represent various military departments and ranks; and
(III) experienced a perinatal mental health condition.
(ii) individuals with experience at military and veteran
service organizations;
(iii) experts in perinatal mental health promotion,
prevention, and intervention; and
(iv) representatives from the Federal Maternal Mental
Health Hotline and related perinatal mental health programs.
(3) Duties.--In implementing the pilot program pursuant to
subsection (a)(2), the advisory committee shall provide
recommendations to the Secretary with respect to the
following:
(A) Identification of evidence-based perinatal prevention
programs.
[[Page S5226]]
(B) Strategies to increase diversity in participation of
eligible members and dependents.
(C) Outreach to eligible members and dependents on the
benefits of prevention and the availability of pilot program
participation.
(D) Strategies to reduce stigma with respect to perinatal
mental health conditions and the use of prevention programs.
(4) Termination.--Section 1013 of title 5, United States
Code, shall not apply to the advisory committee.
(c) Technical Assistance.--The Secretary shall provide
technical assistance to military treatment facilities in
implementing evidence-based perinatal prevention programs
pursuant to subsection (a) and outside of the pilot program.
(d) Study.--Not later than June 30, 2029, the Secretary
shall conduct a study of the effectiveness of the pilot
program in preventing or reducing the onset of symptoms of
perinatal mental health conditions for eligible and
dependents.
(e) Reports.--
(1) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary shall submit to the congressional defense
committees a report on the progress of the pilot program
during the previous calendar year, including the number of
eligible members and dependents completing a prevention
program, disaggregated by type of prevention program,
military component, military occupation, rank, marital
status, location and setting of delivery, sex, age, race, and
ethnicity.
(2) Final report.--
(A) In general.--Not later than 90 days after the
termination of the pilot program under subsection (g), the
Secretary shall submit to the congressional defense
committees a final report, which shall include--
(i) the progress of the pilot program during the life of
the pilot program;
(ii) the number of eligible members and dependents who
completed a prevention program during the life of the pilot
program, disaggregated by type of prevention program,
military component, military occupation, rank, marital
status, location and setting of delivery, sex, age, race, and
ethnicity;
(iii) an assessment and findings with respect to the study
required by subsection (e);
(iv) recommendations on whether the pilot program should be
continued or more widely adopted by the Department of
Defense; and
(v) recommendations on how to scale the pilot program and
ensure cost-effective sustainability.
(B) Public availability.--The final report shall be made
publicly available on a website of the Department of Defense.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2025 through 2029.
(g) Sunset.--The pilot program shall terminate on December
31, 2029.
(h) Definitions.--In this section:
(1) Dependent.--The term ``dependent'' has the meaning
given that term in section 1072 of title 10, United States
Code.
(2) Eligible member.--The term ``eligible member'' means a
member of the Armed Forces who--
(A) is pregnant; or
(B) is not more than 1 year postpartum.
(3) Perinatal mental health condition.--The term
``perinatal mental health condition'' means a mental health
disorder that onsets during the pregnancy or within the one-
year postpartum period.
(4) Pilot program.--The term ``pilot program'' means the
pilot program established under section 2(a).
(5) Prevention program.--The term ``prevention program''
means a program or activity that averts or decreases the
onset or symptoms of a perinatal mental health condition.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
______
SA 2953. 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 C of title XII, add the following:
SEC. 1239. SPECIAL ENVOY FOR BELARUS.
Section 6406(d) of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31; 22 U.S.C. 5811 note)
is amended--
(1) in the matter preceding paragraph (1), by inserting
``may, as appropriate'' before the em dash;
(2) by striking ``shall'' each place such term appears; and
(3) in paragraph (2), by striking ``may''.
______
SA 2954. 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 C of title VIII, add the following:
SEC. 855. CLARIFYING THE STATUTORY DEFINITION OF ``DISTRESSED
AREA'' FOR THE PROCUREMENT TECHNICAL ASSISTANCE
COOPERATIVE AGREEMENT PROGRAM.
Section 4915(2) of title 10, United States Code, is
amending by striking subparagraph (B) and inserting the
following:
``(B) a tribe, reservation, economic enterprise, or
organization as defined in section 3(c), (d), (e) and (f) of
the Indian Financing Act of 1974 (Public Law 93-262, 25
U.S.C. 1452(c), (d), (e) and (f)).''.
______
SA 2955. 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)--
(A) in the matter preceding paragraph (1), by striking
``suspects'' and inserting ``has a reasonable suspicion'';
(B) in paragraph (1)--
(i) by inserting ``, packing materials, shipping
containers,'' after ``its packaging'' each place it appears;
and
(ii) by striking ``; and'' and inserting a semicolon;
(C) in paragraph (2), by striking the period and inserting
``; and''; and
(D) by adding at the end the following:
``(3) may provide to the person nonpublic information about
the merchandise that was--
``(A) generated by an online marketplace or other similar
market platform, an express consignment operator, a freight
forwarder, or any other entity that plays a role in the sale
or importation of merchandise into the United States or the
facilitation of such sale or importation; and
``(B) provided to, shared with, or obtained by, U.S.
Customs and Border Protection.''; 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 2956. Mr. RICKETTS (for himself, Mrs. Shaheen, Mr. Coons, 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 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) 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;
[[Page S5227]]
(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.
(c) 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.
(d) 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.
(e) Consultations With the European Union and European
Governments Regarding Increasing Political and Economic
Relations With Taiwan.--
(1) 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.
(2) 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.
(f) Consultations With European Governments on Supporting
Taiwan's Self-defense.--
(1) 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.
(2) 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;
(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.
(g) 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,
[[Page S5228]]
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 2957. 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) 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) The full text of such agreement.
(2) A defined scope of the areas of research or
collaboration that such agreement would encompass or to which
such agreement would apply.
(3) A communications plan to inform and engage key
interagency stakeholders regarding the specific parameters
and scope of such agreement.
(4) A detailed justification for such agreement, including
an explanation of why entering into, renewing, or extending
such agreement, as applicable, is in the national security
interests of the United States.
(5) 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.
(6) A detailed explanation of how the Secretary of State
intends to incorporate human rights and national security
protections in any scientific and technology collaboration
conducted under such agreement.
(7) An assessment of how the Secretary of State will
prescribe terms for, and continuously monitor, the
commitments made by the Government of the People's Republic
of China or any entity of the People's Republic of China
under such agreement.
(8) Such other information relating to such agreement as
the Secretary of State may determine appropriate.
(c) Applicability.--
(1) In general.--The requirements under this section 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.
(2) 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 date, the Secretary of State submits to the
appropriate congressional committees a notification of such
agreement containing each of the matters described in
subsection (b).
(d) Annual Report.--
(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 Secretary of State, in consultation
with the heads of other appropriate Federal departments and
agencies, shall submit a report to the appropriate
congressional committees that describes--
(A) the implementation of each science and technology
agreement with the People's Republic of China, including
implementing arrangements, entered into pursuant to the
notification requirements under subsection (a); and
(B) all activities conducted under each such agreement.
(2) Contents.--Each report required under paragraph (1)
shall include--
(A) an accounting of all joint projects and initiatives
conducted under the CST Agreement and its implementing
arrangements since the previous report (or, in the case of
the first report, since the date on which the CST Agreement
was signed), including the name of each project, agreement,
or implementing arrangement;
(B) an evaluation of the benefits of the CST Agreement to
the United States economy, scientific leadership, innovation
capacity, and industrial base of the United States;
(C) an estimate of the costs to the United States to
administer the CST Agreement during the period covered by the
report;
(D) an evaluation of the benefits of the CST Agreement to
the economy, to the military, and to the industrial base of
the People's Republic of China;
(E) an assessment of how the CST Agreement has influenced
the foreign and domestic policies and scientific capabilities
of the People's Republic of China;
(F) an assessment of the number of visas granted to
academics and researchers from the People's Republic of China
pursuant to any CST agreement;
(G) the number of nationals from the People's Republic of
China who are permitted to work in Department of Energy
National Laboratories or other sensitive United States
government research facilities and a description of which
facilities were visited under the auspices of the CST
Agreement or any other science and technology agreement;
(H) any plans of the Secretary of State for improving the
monitoring of the activities and the People's Republic of
China's commitments established under the CST Agreement; and
(I) an assessment of any potential risks posed by ongoing
science cooperation with the People's Republic of China.
(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form and may include a
classified annex.
(e) 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) CST agreement.--The term ``CST Agreement'' means
Agreement between the Government of the United States of
America and the Government of the People's Republic of China
on Cooperation in Science and Technology, signed in
Washington January 31, 1979, its protocols, and any
subagreements entered into pursuant to such Agreement on or
before the date of the enactment of this Act.
(3) Implementing arrangement.--The term ``implementing
arrangement'', with respect to the CST Agreement or any other
science and technology agreement, includes any subagreement
or subarrangement entered into under the CST Agreement or
other science and technology agreement between--
(A) any entity of the United States Government; and
(B) any governmental entity of the People's Republic of
China, including state-owned research institutions.
(4) 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 1 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.
______
SA 2958. 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 H of title X, add the following:
SEC. 10__. SECURING THE BULK-POWER SYSTEM.
(a) Definitions.--In this section:
(1) Bulk-power system.--
(A) In general.--The term ``bulk-power system'' has the
meaning given the term in section 215(a) of the Federal Power
Act (16 U.S.C. 824o(a)).
(B) Inclusion.--The term ``bulk-power system'' includes
transmission lines rated at 69,000 volts (69 kV) or higher.
(2) Covered equipment.--The term ``covered equipment''
means items used in bulk-power system substations, control
rooms, or power generating stations, including--
(A)(i) power transformers with a low-side voltage rating of
69,000 volts (69 kV) or higher; and
(ii) associated control and protection systems, such as
load tap changers, cooling systems, and sudden pressure
relays;
(B)(i) generator step-up (GSU) transformers with a high-
side voltage rating of 69,000 volts (69 kV) or higher; and
(ii) associated control and protection systems, such as
load tap changers, cooling systems, and sudden pressure
relays;
(C) circuit breakers operating at 69,000 volts (69 kV) or
higher;
(D) reactive power equipment rated at 69,000 volts (69 kV)
or higher; and
[[Page S5229]]
(E) microprocessing software and firmware that--
(i) is installed in any equipment described in
subparagraphs (A) through (D); or
(ii) is used in the operation of any of the items described
in those subparagraphs.
(3) Critical defense facility.--
(A) In general.--The term ``critical defense facility''
means a facility that--
(i) is critical to the defense of the United States; and
(ii) is vulnerable to a disruption of the supply of
electric energy provided to that facility by an external
provider.
(B) Inclusion.--The term ``critical defense facility''
includes a facility designated as a critical defense facility
by the Secretary of Energy under section 215A(c) of the
Federal Power Act (16 U.S.C. 824o-1(c)).
(4) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given the term in
section 215A(a) of the Federal Power Act (16 U.S.C. 824o-
1(a)).
(5) Defense critical electric infrastructure.--The term
``defense critical electric infrastructure'' has the meaning
given the term in section 215A(a) of the Federal Power Act
(16 U.S.C. 824o-1(a)).
(6) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(7) Foreign adversary.--The term ``foreign adversary''
means any foreign government or foreign nongovernment person
engaged in a long-term pattern or serious instances of
conduct significantly adverse to--
(A) the national security of--
(i) the United States; or
(ii) allies of the United States; or
(B) the security and safety of United States persons.
(8) Person.--The term ``person'' means an individual or
entity.
(9) Procurement.--The term ``procurement'' means the
process of acquiring, through purchase, by contract and
through the use of appropriated funds, supplies or services,
including installation services, by and for the use of the
Federal Government.
(10) Transaction.--The term ``transaction'' means the
acquisition, importation, transfer, or installation of any
bulk-power system electric equipment by any person, or with
respect to any property, subject to the jurisdiction of the
United States.
(11) United states person.--The term ``United States
person'' means--
(A) an individual who is--
(i) a citizen of the United States; or
(ii) an alien lawfully admitted for permanent residence in
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; and
(C) any person in the United States.
(b) Prohibition.--
(1) In general.--Except as otherwise provided in this
subsection, no person that is the owner or operator of
defense critical electric infrastructure may engage in any
transaction relating to that defense critical electric
infrastructure that involves any covered equipment in which a
foreign adversary has an ownership or any other interest,
including through an interest in a contract for the provision
of the covered equipment, over which a foreign adversary has
control, or with respect to which a foreign adversary
exercises influence, including any transaction that--
(A) is initiated after the date of enactment of this Act;
and
(B) the Secretary of Energy, in coordination with the
Director of the Office of Management and Budget and in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, the Director of National Intelligence, and
the heads of other appropriate Federal agencies, as
determined by the Secretary of Energy, determines--
(i) involves covered equipment designed, developed,
manufactured, or supplied by persons owned by, controlled by,
or subject to the jurisdiction or direction of a foreign
adversary; and
(ii) poses an undue risk of catastrophic effects on the
security or resiliency of defense critical electric
infrastructure in the United States.
(2) Mitigation measures.--
(A) In general.--The Secretary of Energy, in consultation
with the heads of other Federal agencies, as appropriate,
may--
(i) in accordance with subparagraph (B), approve a
transaction or class of transactions prohibited under
paragraph (1); and
(ii) design or negotiate measures to mitigate any concerns
identified in making determinations under paragraph (1)(B)
with respect to that transaction or class of transactions.
(B) Precondition to approval of otherwise prohibited
transaction.--The Secretary of Energy shall implement the
measures described in subparagraph (A)(ii) before approving a
transaction or class of transactions that would otherwise be
prohibited under paragraph (1).
(3) Application.--
(A) In general.--The prohibition described in paragraph (1)
shall apply to a transaction described in that paragraph
regardless of whether--
(i) a contract has been entered into with respect to that
transaction before the date of enactment of this Act; or
(ii) a license or permit has been issued or granted with
respect to that transaction before the date of enactment of
this Act.
(B) Contrary law.--The prohibition described in paragraph
(1) shall apply to each transaction described in that
paragraph only to the extent not otherwise provided by--
(i) another statute; or
(ii) a regulation, order, directive, or license issued
pursuant to this section.
(4) Prequalification.--
(A) In general.--The Secretary of Energy, in consultation
with the heads of other Federal agencies, as appropriate,
may--
(i) establish and publish criteria for recognizing
particular covered equipment and particular vendors in the
market for covered equipment as prequalified for future
transactions; and
(ii) apply those criteria to establish and publish, and
update, as necessary, a list of prequalified equipment and
vendors.
(B) Savings provision.--Nothing in this paragraph limits
the authority of the Secretary of Energy under this
subsection to prohibit or otherwise regulate any transaction
involving prequalified equipment or vendors.
(c) Implementation.--
(1) Implementation by the secretary of energy.--The
Secretary of Energy shall take such actions as the Secretary
determines to be necessary to implement this section,
including--
(A) directing the timing and manner of the cessation of
pending and future transactions prohibited under subsection
(b)(1);
(B) adopting appropriate rules and regulations; and
(C) exercising any applicable power granted to the
President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) and delegated to the Secretary.
(2) Required rulemaking.--
(A) In general.--Not later than 150 days after the date of
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, the Director of National Intelligence, and
the heads of other appropriate Federal agencies, as
determined by the Secretary of Energy, shall issue rules or
regulations to implement this section.
(B) Authority.--A rule or regulation issued under
subparagraph (A) may--
(i) determine that particular countries or persons are
foreign adversaries exclusively for the purposes of this
section;
(ii) identify persons owned by, controlled by, or subject
to the jurisdiction or direction of, foreign adversaries
exclusively for the purposes of this section;
(iii) identify particular equipment or countries with
respect to which transactions involving covered equipment
warrant particular scrutiny under this section; and
(iv) identify a mechanism and relevant factors for the
negotiation of agreements to mitigate concerns identified in
making determinations under subsection (b)(1)(B).
(3) Identification of certain equipment.--As soon as
practicable after the date of enactment of this Act, the
Secretary of Energy, in consultation with the Secretary of
Defense, the Secretary of the Interior, the Secretary of
Homeland Security, the Director of National Intelligence, the
Board of Directors of the Tennessee Valley Authority, and the
heads of other appropriate Federal agencies, as determined by
the Secretary of Energy, shall--
(A) identify existing covered equipment that--
(i) is designed, developed, manufactured, or supplied by
persons owned by, controlled by, or subject to the
jurisdiction or direction of a foreign adversary; and
(ii) poses an undue risk of catastrophic effects on the
security or resiliency of critical electric infrastructure in
the United States; and
(B) develop recommendations on ways to identify, isolate,
monitor, or replace any covered equipment identified under
subparagraph (A) as soon as practicable.
(4) Coordination and information sharing.--The Secretary of
Energy shall work with the Secretary of Defense, the
Secretary of the Interior, the Secretary of Homeland
Security, the Director of National Intelligence, the Board of
Directors of the Tennessee Valley Authority, and the heads of
other appropriate Federal agencies, as determined by the
Secretary of Energy, to protect critical defense facilities
from national security threats through--
(A) the coordination of the procurement of energy
infrastructure by the Federal Government; and
(B) the sharing of risk information and risk management
practices to inform that procurement.
(5) Requirement.--This section shall be implemented--
(A) in a manner that is consistent with all other
applicable laws; and
(B) subject to the availability of appropriations.
(d) Reports to Congress.--The Secretary of Energy shall
submit to Congress periodic reports describing any progress
made in implementing, or otherwise relating to the
implementation of, this section.
______
SA 2959. 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;
[[Page S5230]]
which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 144. LIMITATIONS ON USE OF FUNDS FOR PHOTOVOLTAIC
MODULES FROM OR INFLUENCED BY FOREIGN ENTITIES
OF CONCERN.
(a) Installation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense may be used to enter into a contract
for the installation of photovoltaic modules at any facility
or real property of the Department of Defense unless the
contract contains a provision prohibiting the procurement of
such photovoltaic modules from or influenced by a foreign
entity of concern.
(b) Power Purchase Agreements.--None of the funds
authorized to be appropriated by this Act or otherwise made
available for the Department of Defense may be used to enter
into a power purchase agreement unless the agreement contains
a provision prohibiting the use of photovoltaic modules from
or influenced by a foreign entity of concern unless such
modules were installed prior to the date of enactment of this
Act.
(c) Waiver.--The Secretary of Defense may waive the
requirements of this section if--
(1) the Secretary determines that there is no alternative
source of photovoltaic modules other than from a foreign
entity of concern; and
(2) the Secretary submits a certification of such
determination in writing to the appropriate congressional
committees not later than 30 days before entering into--
(A) a contract for the procurement of the modules; or
(B) a power purchase agreement.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Foreign entity of concern.--The term ``foreign entity
of concern'' has the meaning given that term in section
9901(8) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651(8)).
(3) Photovoltaic module.--The term ``photovoltaic module''
has the meaning given the term ``solar module'' in section
45X(c)(3)(B)(v) of the Internal Revenue Code of 1986.
______
SA 2960. 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 F of title X, add the following:
SEC. 1067. CLIMATE COST STUDY AND REPORT.
(a) Comptroller General Report on Costs Associated With
Executive Order 14008.--
(1) In general.--Not later than 120 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 and briefing on the costs to United
States military installation associated with Executive Order
14008 (relating to tackling the climate crisis at home and
abroad).
(2) Elements.--The report and briefing required under
subsection (a) shall include the following elements:
(A) An examination of accrued additional costs from
transitioning to ``climate friendly'' products, systems,
materials and electric vehicles in comparison to previous
products, systems, vehicles and materials purchased by the
Department before the executive order was issued.
(B) An examination of all military construction projects,
including military barracks and military housing projects,
delayed due to supply chain issues and an assessment of
whether there are accruing additional costs for the
Department and an impact on service members.
(C) A cost-based analysis of the cost differences
associated with--
(i) solar panels;
(Ii) alternate energy production;
(iii) electric charging stations;
(iv) battery storage facilities;
(v) heating and cooling systems;
(vi) building materials; and
(vii) and any other forms of alternate energy.
(b) Department of Defense Cost Assessment of Phasing Out
Chemical Substances That Are Critical to the National
Security of the United States.--
(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 Committees on Armed Services of the House of
Representatives and the Senate a report outlining chemical
substances undergoing risk evaluation by the Environmental
Protection Agency under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) that are used in production of critical
defense items, including in the areas of kinetic
capabilities, energy storage and batteries, castings and
forgings, and microelectronics and semiconductors as
identified in the February 2022 Department of Defense report
entitled, ``Securing Defense-Critical Supply Chains''.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An assessment of risks to procurement of critical
defense items resulting from phasing out production of
substances identified described in paragraph (1).
(B) A description of costs to production of critical
defense items resulting from phasing out production of such
substances.
(C) A list of countries where the United States could
procure such substances at a sufficient scale to not impede
production of critical defense items.
(D) An assessment of national security risks associated
with reshoring procurement of such substances to foreign
countries.
(c) Interagency Consultation Regarding Chemical Substances
With Critical National Security Uses.--The Department of
Defense shall provide meaningful and robust input to the
Environmental Protection Agency for any draft risk evaluation
of a chemical substances with critical national security
uses.
______
SA 2961. Mr. SCOTT of Florida (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. ESTABLISHMENT OF COMPREHENSIVE STANDARD FOR TIMING
BETWEEN REFERRAL AND APPOINTMENT FOR CARE FROM
DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment of Standard.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a comprehensive standard for timing between the
date on which a referral for care for a veteran under the
laws administered by the Secretary is entered into the care
coordination system of the Department of Veterans Affairs and
the date on which an appointment for care for the veteran
occurs, whether at a facility of the Department or through
care in the community.
(2) Modification.--The Secretary may modify the standard
established under paragraph (1) as the appointment scheduling
processes of the Department for care at a facility of the
Department or through care in the community are updated.
(3) Publication.--Not later than 30 days before
establishing under paragraph (1) or modifying under paragraph
(2) the comprehensive standard required under this
subsection, the Secretary shall publish such standard in the
Federal Register and on a publicly available internet website
of the Department.
(b) Report.--
(1) In general.--Not less frequently than quarterly, the
Secretary shall submit to Congress a report on the number and
percentage of referrals from the Department to facilities of
the Department or providers in the community that meet the
standard under subsection (a).
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) The number and percentage of total referrals from each
facility of the Department that meet, for the quarter covered
by the report--
(i) the standard under subsection (a);
(ii) with respect to referrals to a facility of the
Department, the three-business-day standard for scheduling an
appointment at a facility of the Department; and
(iii) with respect to referrals for care in the community,
the seven-calendar-day standard for scheduling an appointment
for care in the community.
(B) The number and percentage of referrals from each
facility of the Department that meet each of the standards
specified in subparagraph (A), disaggregated by each of the
five, or more, most in-demand categories of care provided at
such facility (such as mental health, cardiology, neurology,
oncology, etc.).
(C) A list of all medical centers of the Department ranked
from best to worst in meeting the standard under subsection
(a), including a disaggregated list by State.
(3) Annually included information.--Not less frequently
than annually, the Secretary shall include in the report
required under paragraph (1)--
(A) aggregated data for the four-quarter period preceding
the date of the report;
(B) a description of steps taken by the Department to
improve the timeliness of the provision of care by the
Department and an estimate of when the Department will be
fully compliant with the standard under subsection (a).
(4) Public availability.--The Secretary shall make each
report required under paragraph (1) publicly available on a
website of the Veterans Health Administration.
[[Page S5231]]
______
SA 2962. 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. ___. IMPROVEMENTS RELATING TO CYBER WORKFORCE AND
LEADERSHIP.
(a) 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 (i), by striking ``the Under Secretary of
Defense for Policy'' and inserting ``the Assistant Secretary
of Defense for Cyber Policy'';
(B) in clause (ii), by striking ``Under Secretary'' and
inserting ``Assistant Secretary of Defense for Cyber
Policy'';
(C) in clause (iii), by striking ``Under Secretary of
Defense for Policy'' and inserting ``Assistant Secretary of
Defense for Cyber Policy''; and
(D) by striking clause (iv).
(b) Military Deputy Principal Cyber Advisors.--Section 392a
of such title is amended by adding at the end the following
new subsection:
``(d) Military Deputy Principal Cyber Advisors.--
``(1) Appointment.--For each Principal Cyber Advisory
appointed under subsection (c)(1)(A) for a service, the
secretary concerned shall appoint a member of the armed
forces from the respective service to act as a deputy to the
Principal Cyber Advisor for that service.
``(2) Requirement.--Each deputy appointed pursuant to
paragraph (1) shall be appointed from among flag officers of
the respective service.''.
(c) Cyber Workforce Interchange Agreement.--The Secretary
of Defense and the Director of the Office of Personnel
Management shall enter into an interchange agreement for the
cyber workforce in the Cyber Excepted Service of the
Department of Defense that is similar to the Defense Civilian
Intelligence Personnel System Interchange Agreement that was
in effect on the day before the date of the enactment of this
Act.
(d) Establishment of Senior Executive Position Equivalents
Within Cyber Excepted Service.--The Secretary may establish
Senior Executive Service position (as defined in section
3132(a) of title 5, United States Code) equivalents,
including senior level and scientific and professional
positions as well as highly qualified experts, within the
Cyber Excepted Service in a manner similar to the Defense
Civilian Intelligence Personnel System (DCIPS) so that the
Department of Defense can recruit and retain civilians with
superior qualifications and experience with greater hiring
flexibility.
______
SA 2963. 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__. SAN FRANCISCO BAY RESTORATION PROGRAM.
Section 125 of the Federal Water Pollution Control Act (33
U.S.C. 1276a) is amended--
(1) in the section heading, by striking ``grant''; and
(2) by striking subsection (e) and inserting the following:
``(e) Funding Program.--
``(1) In general.--The Director may provide funding through
cooperative agreements, grants, interagency agreements,
contracts, or other funding mechanisms to Federal, State, and
local agencies, special districts, public or nonprofit
agencies, and other public or private entities, institutions,
and organizations, including the Estuary Partnership, for
projects, activities, and studies identified on the annual
priority list compiled under subsection (c).
``(2) Maximum amount of funding.--
``(A) Grants.--
``(i) Maximum amount.--Amounts provided in the form of a
grant to any entity under this section for a fiscal year
shall not exceed an amount equal to 75 percent of the total
cost of any project, activity, or study that are to be
carried out using those amounts.
``(ii) Non-federal share.--Not less than 25 percent of the
cost of any project, activity, or study carried out using
amounts provided in the form of a grant under this section
shall be provided from non-Federal sources.
``(B) Interagency agreements and contracts.--Amounts
provided to entities under interagency agreements, contracts,
or other funding mechanisms under this section not described
in subparagraph (A) may cover up to 100 percent of the total
cost of any project, activity, or study that is to be carried
out using those amounts.''.
______
SA 2964. Mr. HEINRICH (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, add the following:
DIVISION E--GOOD SAMARITAN REMEDIATION OF ABANDONED HARDROCK MINES ACT
OF 2024
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Good Samaritan
Remediation of Abandoned Hardrock Mines Act of 2024''.
SEC. 5002. DEFINITIONS.
In this division:
(1) Abandoned hardrock mine site.--
(A) In general.--The term ``abandoned hardrock mine site''
means an abandoned or inactive hardrock mine site and any
facility associated with an abandoned or inactive hardrock
mine site--
(i) that was used for the production of a mineral other
than coal conducted on Federal land under sections 2319
through 2352 of the Revised Statutes (commonly known as the
``Mining Law of 1872''; 30 U.S.C. 22 et seq.) or on non-
Federal land; and
(ii) for which, based on information supplied by the Good
Samaritan after review of publicly available data and after
review of other information in the possession of the
Administrator, the Administrator or, in the case of a site on
land owned by the United States, the Federal land management
agency, determines that no responsible owner or operator has
been identified--
(I) who is potentially liable for, or has been required to
perform or pay for, environmental remediation activities
under applicable law; and
(II) other than, in the case of a mine site located on land
owned by the United States, a Federal land management agency
that has not been involved in mining activity on that land,
except that the approval of a plan of operations under the
hardrock mining regulations of the applicable Federal land
management agency shall not be considered involvement in the
mining activity.
(B) Inclusion.--The term ``abandoned hardrock mine site''
includes a hardrock mine site (including associated
facilities) that was previously the subject of a completed
response action under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.) or a similar Federal and State reclamation or
cleanup program, including the remediation of mine-scarred
land under the brownfields revitalization program under
section 104(k) of that Act (42 U.S.C. 9604(k)).
(C) Exclusions.--The term ``abandoned hardrock mine site''
does not include a mine site (including associated
facilities)--
(i) in a temporary shutdown or cessation;
(ii) included on the National Priorities List developed by
the President in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) or proposed
for inclusion on that list;
(iii) that is the subject of a planned or ongoing response
action under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) or a similar Federal and State reclamation or cleanup
program;
(iv) that has a responsible owner or operator; or
(v) that actively mined or processed minerals after
December 11, 1980.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Applicable water quality standards.--The term
``applicable water quality standards'' means the water
quality standards promulgated by the Administrator or adopted
by a State or Indian tribe and approved by the Administrator
pursuant to the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(4) Baseline conditions.--The term ``baseline conditions''
means the concentrations, locations, and releases of any
hazardous substances, pollutants, or contaminants, as
described in the Good Samaritan permit, present at an
abandoned hardrock mine site prior to undertaking any action
under this division.
(5) Cooperating person.--
(A) In general.--The term ``cooperating person'' means any
person that is named by the Good Samaritan in the permit
application as a cooperating entity.
(B) Exclusions.--The term ``cooperating person'' does not
include--
[[Page S5232]]
(i) a responsible owner or operator with respect to the
abandoned hardrock mine site described in the permit
application;
(ii) a person that had a role in the creation of historic
mine residue at the abandoned hardrock mine site described in
the permit application; or
(iii) a Federal agency.
(6) Covered permit.--The term ``covered permit'' means--
(A) a Good Samaritan permit; and
(B) an investigative sampling permit.
(7) Federal land management agency.--The term ``Federal
land management agency'' means any Federal agency authorized
by law or executive order to exercise jurisdiction, custody,
or control over land owned by the United States.
(8) Good samaritan.--The term ``Good Samaritan'' means a
person that, with respect to historic mine residue, as
determined by the Administrator--
(A) is not a past or current owner or operator of--
(i) the abandoned hardrock mine site at which the historic
mine residue is located; or
(ii) a portion of that abandoned hardrock mine site;
(B) had no role in the creation of the historic mine
residue; and
(C) is not potentially liable under any Federal, State,
Tribal, or local law for the remediation, treatment, or
control of the historic mine residue.
(9) Good samaritan permit.--The term ``Good Samaritan
permit'' means a permit granted by the Administrator under
section 5004(a)(1).
(10) Historic mine residue.--
(A) In general.--The term ``historic mine residue'' means
mine residue or any condition at an abandoned hardrock mine
site resulting from hardrock mining activities.
(B) Inclusions.--The term ``historic mine residue''
includes--
(i) previously mined ores and minerals other than coal that
contribute to acid mine drainage or other pollution;
(ii) equipment (including materials in equipment);
(iii) any tailings facilities, heap leach piles, dump leach
piles, waste rock, overburden, slag piles, or other waste or
material resulting from any extraction, beneficiation, or
other processing activity that occurred during the active
operation of an abandoned hardrock mine site;
(iv) any acidic or otherwise polluted flow in surface water
or groundwater that originates from, or is pooled and
contained in, an inactive or abandoned hardrock mine site,
such as underground workings, open pits, in-situ leaching
operations, ponds, or impoundments;
(v) any hazardous substance (as defined in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601));
(vi) any pollutant or contaminant (as defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601));
and
(vii) any pollutant (as defined in section 502 of the
Federal Water Pollution Control Act (33 U.S.C. 1362)).
(11) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in--
(A) section 518(h) of the Federal Water Pollution Control
Act (33 U.S.C. 1377(h)); or
(B) section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(12) Investigative sampling permit.--The term
``investigative sampling permit'' means a permit granted by
the Administrator under section 5004(d)(1).
(13) Person.--The term ``person'' means any entity
described in--
(A) section 502(5) of the Federal Water Pollution Control
Act (33 U.S.C. 1362(5)); or
(B) section 101(21) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(21)).
(14) Remediation.--
(A) In general.--The term ``remediation'' means any action
taken to investigate, characterize, or cleanup, in whole or
in part, a discharge, release, or threat of release of a
hazardous substance, pollutant, or contaminant into the
environment at or from an abandoned hardrock mine site, or to
otherwise protect and improve human health and the
environment.
(B) Inclusion.--The term ``remediation'' includes any
action to remove, treat, or contain historic mine residue to
prevent, minimize, or reduce--
(i) the release or threat of release of a hazardous
substance, pollutant, or contaminant that would harm human
health or the environment; or
(ii) a migration or discharge of a hazardous substance,
pollutant, or contaminant that would harm human health or the
environment.
(C) Exclusion.--The term ``remediation'' does not include
any action that requires plugging, opening, or otherwise
altering the portal or adit of the abandoned hardrock mine
site.
(15) Reservation.--The term ``reservation'' has the meaning
given the term ``Indian country'' in section 1151 of title
18, United States Code.
(16) Responsible owner or operator.--The term ``responsible
owner or operator'' means a person that is--
(A)(i) legally responsible under section 301 of the Federal
Water Pollution Control Act (33 U.S.C. 1311) for a discharge
that originates from an abandoned hardrock mine site; and
(ii) financially able to comply with each requirement
described in that section; or
(B)(i) a present or past owner or operator or other person
that is liable with respect to a release or threat of release
of a hazardous substance, pollutant, or contaminant
associated with the historic mine residue at or from an
abandoned hardrock mine site under section 104, 106, 107, or
113 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604,
9606, 9607, 9613); and
(ii) financially able to comply with each requirement
described in those sections, as applicable.
SEC. 5003. SCOPE.
Nothing in this division--
(1) except as provided in section 5004(n), reduces any
existing liability under Federal, State, or local law;
(2) except as provided in section 5004(n), releases any
person from liability under Federal, State, or local law,
except in compliance with this division;
(3) authorizes the conduct of any mining or processing
other than the conduct of any processing of previously mined
ores, minerals, wastes, or other materials that is authorized
by a Good Samaritan permit;
(4) imposes liability on the United States or a Federal
land management agency pursuant to section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311); or
(5) relieves the United States or any Federal land
management agency from any liability under section 107 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607) or section 301 of the
Federal Water Pollution Control Act (33 U.S.C. 1311) that
exists apart from any action undertaken pursuant to this
division.
SEC. 5004. ABANDONED HARDROCK MINE SITE GOOD SAMARITAN PILOT
PROJECT AUTHORIZATION.
(a) Establishment.--
(1) In general.--The Administrator shall establish a pilot
program under which the Administrator shall grant not more
than 15 Good Samaritan permits to carry out projects to
remediate historic mine residue at any portions of abandoned
hardrock mine sites in accordance with this division.
(2) Oversight of permits.--The Administrator may oversee
the remediation project under paragraph (1), and any action
taken by the applicable Good Samaritan or any cooperating
person under the applicable Good Samaritan permit, for the
duration of the Good Samaritan permit, as the Administrator
determines to be necessary to review the status of the
project.
(3) Sunset.--
(A) In general.--Except as provided in subparagraph (B),
the pilot program described in paragraph (1) shall terminate
on the date that is 7 years after the date of enactment of
this Act.
(B) Exception.--Notwithstanding subparagraph (A), the
Administrator may grant a Good Samaritan permit pursuant to
this division after the date identified in subparagraph (A)
if the application for the Good Samaritan permit--
(i) was submitted not later than 180 days before that date;
and
(ii) was completed in accordance with subsection (c) by not
later than 7 years after the date of enactment of this Act.
(C) Effect on certain permits.--Any Good Samaritan permit
granted by the deadline prescribed in subparagraph (A) or
(B), as applicable, that is in effect on the date that is 7
years after the date of enactment of this Act shall remain in
effect after that date in accordance with--
(i) the terms and conditions of the Good Samaritan permit;
and
(ii) this division.
(b) Good Samaritan Permit Eligibility.--
(1) In general.--To be eligible to receive a Good Samaritan
permit to carry out a project to remediate an abandoned
hardrock mine site, a person shall demonstrate that, as
determined by the Administrator--
(A) the abandoned hardrock mine site that is the subject of
the application for a Good Samaritan permit is located in the
United States;
(B) the purpose of the proposed project is the remediation
at that abandoned hardrock mine site of historic mine
residue;
(C) the proposed activities are designed to result in the
partial or complete remediation of historic mine residue at
the abandoned hardrock mine site within the term of the Good
Samaritan permit;
(D) the proposed project poses a low risk to the
environment, as determined by the Administrator;
(E) to the satisfaction of the Administrator, the person--
(i) possesses, or has the ability to secure, the financial
and other resources necessary--
(I) to complete the permitted work, as determined by the
Administrator; and
(II) to address any contingencies identified in the Good
Samaritan permit application described in subsection (c);
(ii) possesses the proper and appropriate experience and
capacity to complete the permitted work; and
(iii) will complete the permitted work; and
(F) the person is a Good Samaritan with respect to the
historic mine residue proposed to be covered by the Good
Samaritan permit.
(2) Identification of all responsible owners or
operators.--
[[Page S5233]]
(A) In general.--A Good Samaritan shall make reasonable and
diligent efforts to identify, from a review of publicly
available information in land records or on internet websites
of Federal, State, and local regulatory authorities, all
responsible owners or operators of an abandoned hardrock mine
site proposed to be remediated by the Good Samaritan under
this section.
(B) Existing responsible owner or operator.--If the
Administrator determines, based on information provided by a
Good Samaritan or otherwise, that a responsible owner or
operator exists for an abandoned hardrock mine site proposed
to be remediated by the Good Samaritan, the Administrator
shall deny the application for a Good Samaritan permit.
(c) Application for Permits.--To obtain a Good Samaritan
permit, a person shall submit to the Administrator an
application, signed by the person and any cooperating person,
that provides, to the extent known or reasonably discoverable
by the person on the date on which the application is
submitted--
(1) a description of the abandoned hardrock mine site
(including the boundaries of the abandoned hardrock mine
site) proposed to be covered by the Good Samaritan permit;
(2) a description of all parties proposed to be involved in
the remediation project, including any cooperating person and
each member of an applicable corporation, association,
partnership, consortium, joint venture, commercial entity, or
nonprofit association;
(3) evidence that the person has or will acquire all legal
rights or the authority necessary to enter the relevant
abandoned hardrock mine site and perform the remediation
described in the application;
(4) a detailed description of the historic mine residue to
be remediated;
(5) a detailed description of the expertise and experience
of the person and the resources available to the person to
successfully implement and complete the remediation plan
under paragraph (7);
(6) to the satisfaction of the Administrator and subject to
subsection (d), a description of the baseline conditions
caused by the historic mine residue to be remediated that
includes--
(A) the nature and extent of any adverse impact on the
water quality of any body of water caused by the drainage of
historic mine residue or other discharges from the abandoned
hardrock mine site;
(B) the flow rate and concentration of any drainage of
historic mine residue or other discharge from the abandoned
hardrock mine site in any body of water that has resulted in
an adverse impact described in subparagraph (A); and
(C) any other release or threat of release of historic mine
residue that has resulted in an adverse impact to human
health or the environment;
(7) subject to subsection (d), a remediation plan for the
abandoned hardrock mine site that describes--
(A) the nature and scope of the proposed remediation
activities, including--
(i) any historic mine residue to be addressed by the
remediation plan; and
(ii) a description of the goals of the remediation
including, if applicable, with respect to--
(I) the reduction or prevention of a release, threat of
release, or discharge to surface waters; or
(II) other appropriate goals relating to water or soil;
(B) each activity that the person proposes to take that
is--
(i) designed to--
(I) improve or enhance water quality or site-specific soil
or sediment quality relevant to the historic mine residue
addressed by the remediation plan, including making
measurable progress toward achieving applicable water quality
standards; or
(II) otherwise protect human health and the environment
(including through the prevention of a release, discharge, or
threat of release to water, sediment, or soil); and
(ii) otherwise necessary to carry out an activity described
in subclause (I) or (II) of clause (i);
(C) a plan describing the monitoring or other forms of
assessment that will be undertaken by the person to evaluate
the success of the activities described in subparagraph (A)
during and after the remediation, with respect to the
baseline conditions, as described in paragraph (6);
(D) to the satisfaction of the Administrator, detailed
engineering plans for the project;
(E) detailed plans for any proposed recycling or
reprocessing of historic mine residue to be conducted by the
person (including a description of how all proposed recycling
or reprocessing activities contribute to the remediation of
the abandoned hardrock mine site); and
(F) identification of any proposed contractor that will
perform any remediation activity;
(8) subject to subsection (d), a schedule for the work to
be carried out under the project, including a schedule for
periodic reporting by the person on the remediation of the
abandoned hardrock mine site;
(9) a health and safety plan that is specifically designed
for mining remediation work;
(10) a specific contingency plan that--
(A) includes provisions on response and notification to
Federal, State, Tribal, and local authorities with
jurisdiction over downstream waters that have the potential
to be impacted by an unplanned release or discharge of
hazardous substances, pollutants, or contaminants; and
(B) is designed to respond to unplanned adverse events
(such as adverse weather events or a potential fluid release
that may result from addressing pooled water or hydraulic
pressure situations), including the sudden release of
historic mine residue;
(11) subject to subsection (d), a project budget and
description of financial resources that demonstrate that the
permitted work, including any operation and maintenance, will
be completed;
(12) subject to subsection (d), information demonstrating
that the applicant has the financial resources to carry out
the remediation (including any long-term monitoring that may
be required by the Good Samaritan permit) or the ability to
secure an appropriate third-party financial assurance, as
determined by the Administrator, to ensure completion of the
permitted work, including any long-term operations and
maintenance of remediation activities that may be--
(A) proposed in the application for the Good Samaritan
permit; or
(B) required by the Administrator as a condition of
granting the permit;
(13) subject to subsection (d), a detailed plan for any
required operation and maintenance of any remediation,
including a timeline, if necessary;
(14) subject to subsection (d), a description of any
planned post-remediation monitoring, if necessary; and
(15) subject to subsection (d), any other appropriate
information, as determined by the Administrator or the
applicant.
(d) Investigative Sampling.--
(1) Investigative sampling permits.--The Administrator may
grant an investigative sampling permit for a period
determined by the Administrator to authorize a Good Samaritan
to conduct investigative sampling of historic mine residue,
soil, sediment, or water to determine--
(A) baseline conditions; and
(B) whether the Good Samaritan--
(i) is willing to perform further remediation to address
the historic mine residue; and
(ii) will proceed with a permit conversion under subsection
(e)(1).
(2) Number of permits.--
(A) Limitation.-- Subject to subparagraph (B), the
Administrator may grant not more than 15 investigative
sampling permits.
(B) Applicability to converted permits.--An investigative
sampling permit that is not converted to a Good Samaritan
permit pursuant to paragraph (5) may be eligible for
reissuance by the Administrator subject to the overall total
of not more than 15 investigative sampling permits allowed at
any 1 time described in subparagraph (A).
(3) Application.--If a Good Samaritan proposes to conduct
investigative sampling, the Good Samaritan shall submit to
the Administrator an investigative sampling permit
application that contains, to the satisfaction of the
Administrator--
(A) each description required under paragraphs (1), (2),
and (5) of subsection (c);
(B) to the extent reasonably known to the applicant, any
previously documented water quality data describing
conditions at the abandoned hardrock mine site;
(C) the evidence required under subsection (c)(3);
(D) each plan required under paragraphs (9) and (10) of
subsection (c); and
(E) a detailed plan of the investigative sampling.
(4) Requirements.--
(A) In general.--If a person submits an application that
proposes only investigative sampling of historic mine
residue, soil, sediment, or water that only includes the
requirements described in paragraph (1), the Administrator
may grant an investigative sampling permit that authorizes
the person only to carry out the plan of investigative
sampling of historic mine residue, soil, sediment, or water,
as described in the investigative sampling permit application
under paragraph (3).
(B) Reprocessing.--An investigative sampling permit--
(i) shall not authorize a Good Samaritan or cooperating
person to conduct any reprocessing of material; and
(ii) may authorize metallurgical testing of historic mine
residue to determine whether reprocessing under subsection
(f)(4)(B) is feasible.
(C) Requirements relating to samples.--In conducting
investigative sampling of historic mine residue, soil,
sediment, or water, a Good Samaritan shall--
(i) collect samples that are representative of the
conditions present at the abandoned hardrock mine site that
is the subject of the investigative sampling permit; and
(ii) retain publicly available records of all sampling
events for a period of not less than 3 years.
(5) Permit conversion.--Not later than 1 year after the
date on which the investigative sampling under the
investigative sampling permit concludes, a Good Samaritan to
whom an investigative sampling permit is granted under
paragraph (1) may apply to convert an investigative sampling
permit into a Good Samaritan permit under subsection (e)(1).
(6) Permit not converted.--
(A) In general.--Subject to subparagraph (B)(ii)(I), a Good
Samaritan who obtains an investigative sampling permit may
decline--
(i) to apply to convert the investigative sampling permit
into a Good Samaritan permit under paragraph (5); and
[[Page S5234]]
(ii) to undertake remediation activities on the site where
investigative sampling was conducted on conclusion of
investigative sampling.
(B) Effect of lack of conversion.--
(i) In general.--Notwithstanding a refusal by a Good
Samaritan to convert an investigative sampling permit into a
Good Samaritan permit under subparagraph (A), but subject to
clause (ii), the provisions of paragraphs (1) through (4) of
subsection (n) shall continue to apply to the Good Samaritan
and any cooperating persons after the refusal to convert.
(ii) Degradation of surface water quality.--
(I) Opportunity to correct.--If, before the date on which a
Good Samaritan refuses to convert an investigative sampling
permit under subparagraph (A), actions by the Good Samaritan
or any cooperating person have caused conditions at the
abandoned hardrock mine site to be measurably worse, as
determined by the Administrator, when compared to conditions
described pursuant to paragraph (3)(B), if applicable, the
Administrator shall provide the Good Samaritan or cooperating
person, as applicable, the opportunity to return the
conditions at the abandoned hardrock mine site to those
conditions.
(II) Effect.--If, pursuant to subclause (I), the applicable
Good Samaritan or cooperating person does not return the
surface water quality at the abandoned hardrock mine site to
conditions described pursuant to paragraph (3)(B), if
applicable, as determined by the Administrator, clause (i)
shall not apply to the Good Samaritan or any cooperating
persons.
(e) Investigative Sampling Conversion.--
(1) In general.--A person to which an investigative
sampling permit was granted may submit to the Administrator
an application in accordance with paragraph (2) to convert
the investigative sampling permit into a Good Samaritan
permit.
(2) Application.--
(A) Investigative sampling.--An application for the
conversion of an investigative sampling permit under
paragraph (1) shall include any requirement described in
subsection (c) that was not included in full in the
application submitted under subsection (d)(3).
(B) Public notice and comment.--An application for permit
conversion under this paragraph shall be subject to--
(i) environmental review and public comment procedures
required by subsection (l); and
(ii) a public hearing, if requested.
(f) Content of Permits.--
(1) In general.--A Good Samaritan permit shall contain--
(A) the information described in subsection (c), including
any modification required by the Administrator;
(B)(i) a provision that states that the Good Samaritan is
responsible for securing, for all activities authorized under
the Good Samaritan permit, all authorizations, licenses, and
permits that are required under applicable law except for--
(I) section 301, 302, 306, 307, 402, or 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1311, 1312, 1316,
1317, 1342, 1344); and
(II) authorizations, licenses, and permits that would not
need to be obtained if the remediation was conducted pursuant
to section 121 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621); or
(ii) in the case of an abandoned hardrock mine site in a
State that is authorized to implement State law pursuant to
section 402 or 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1342, 1344) or on land of an Indian tribe that is
authorized to implement Tribal law pursuant to that section,
a provision that states that the Good Samaritan is
responsible for securing, for all activities authorized under
the Good Samaritan permit, all authorizations, licenses, and
permits that are required under applicable law, except for--
(I) the State or Tribal law, as applicable; and
(II) authorizations, licenses, and permits that would not
need to be obtained if the remediation was conducted pursuant
to section 121 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621);
(C) specific public notification requirements, including
the contact information for all appropriate response centers
in accordance with subsection (o);
(D) in the case of a project on land owned by the United
States, a notice that the Good Samaritan permit serves as an
agreement for use and occupancy of Federal land that is
enforceable by the applicable Federal land management agency;
and
(E) any other terms and conditions determined to be
appropriate by the Administrator or the Federal land
management agency, as applicable.
(2) Force majeure.--A Good Samaritan permit may include, at
the request of the Good Samaritan, a provision that a Good
Samaritan may assert a claim of force majeure for any
violation of the Good Samaritan permit caused solely by--
(A) an act of God;
(B) an act of war;
(C) negligence on the part of the United States;
(D) an act or omission of a third party, if the Good
Samaritan--
(i) exercises due care with respect to the actions of the
Good Samaritan under the Good Samaritan permit, as determined
by the Administrator;
(ii) took precautions against foreseeable acts or omissions
of the third party, as determined by the Administrator; and
(iii) uses reasonable efforts--
(I) to anticipate any potential force majeure; and
(II) to address the effects of any potential force majeure;
or
(E) a public health emergency declared by the Federal
Government or a global government, such as a pandemic or an
epidemic.
(3) Monitoring.--
(A) In general.--The Good Samaritan shall take such actions
as the Good Samaritan permit requires to ensure appropriate
baseline conditions monitoring, monitoring during the
remediation project, and post-remediation monitoring of the
environment under paragraphs (7) and (14) of subsection (c).
(B) Multiparty monitoring.--The Administrator may approve
in a Good Samaritan permit the monitoring by multiple
cooperating persons if, as determined by the Administrator--
(i) the multiparty monitoring will effectively accomplish
the goals of this section; and
(ii) the Good Samaritan remains responsible for compliance
with the terms of the Good Samaritan permit.
(4) Other development.--
(A) No authorization of mining activities.--No mineral
exploration, processing, beneficiation, or mining shall be--
(i) authorized by this division; or
(ii) covered by any waiver of liability provided by this
division from applicable law.
(B) Reprocessing of materials.--A Good Samaritan may
reprocess materials recovered during the implementation of a
remediation plan only if--
(i) the project under the Good Samaritan permit is on land
owned by the United States;
(ii) the applicable Federal land management agency has
signed a decision document under subsection (l)(2)(G)
approving reprocessing as part of a remediation plan;
(iii) the proceeds from the sale or use of the materials
are used--
(I) to defray the costs of the remediation; and
(II) to the extent required by the Good Samaritan permit,
to reimburse the Administrator or the head of a Federal land
management agency for the purpose of carrying out this
division;
(iv) any remaining proceeds are deposited into the
appropriate Good Samaritan Mine Remediation Fund established
by section 5005(a); and
(v) the materials only include historic mine residue.
(C) Connection with other activities.--The commingling or
association of any other discharge of water or historic mine
residue or any activity, project, or operation conducted on
or after the date of enactment of this Act with any aspect of
a project subject to a Good Samaritan permit shall not limit
or reduce the liability of any person associated with the
other discharge of water or historic mine residue or
activity, project, or operation.
(g) Additional Work.--A Good Samaritan permit may (subject
to subsection (r)(5) in the case of a project located on
Federal land) allow the Good Samaritan to return to the
abandoned hardrock mine site after the completion of the
remediation to perform operations and maintenance or other
work--
(1) to ensure the functionality of completed remediation
activities at the abandoned hardrock mine site; or
(2) to protect public health and the environment.
(h) Timing.--Work authorized under a Good Samaritan
permit--
(1) shall commence, as applicable--
(A) not later than the date that is 18 months after the
date on which the Administrator granted the Good Samaritan
permit, unless the Administrator grants an extension under
subsection (r)(2)(A); or
(B) if the grant of the Good Samaritan permit is the
subject of a petition for judicial review, not later than the
date that is 18 months after the date on which the judicial
review, including any appeals, has concluded; and
(2) shall continue until completed, with temporary
suspensions permitted during adverse weather or other
conditions specified in the Good Samaritan permit.
(i) Transfer of Permits.--A Good Samaritan permit may be
transferred to another person only if--
(1) the Administrator determines that the transferee
qualifies as a Good Samaritan;
(2) the transferee signs, and agrees to be bound by the
terms of, the permit;
(3) the Administrator includes in the transferred permit
any additional conditions necessary to meet the goals of this
section; and
(4) in the case of a project under the Good Samaritan
permit on land owned by the United States, the head of the
applicable Federal land management agency approves the
transfer.
(j) Role of Administrator and Federal Land Management
Agencies.--In carrying out this section--
(1) the Administrator shall--
(A) consult with prospective applicants;
(B) convene, coordinate, and lead the application review
process;
(C) maintain all records relating to the Good Samaritan
permit and the permit process;
[[Page S5235]]
(D) in the case of a proposed project on State, Tribal, or
private land, provide an opportunity for cooperating persons
and the public to participate in the Good Samaritan permit
process, including--
(i) carrying out environmental review and public comment
procedures pursuant to subsection (l); and
(ii) a public hearing, if requested; and
(E) enforce and otherwise carry out this section; and
(2) the head of an applicable Federal land management
agency shall--
(A) in the case of a proposed project on land owned by the
United States, provide an opportunity for cooperating persons
and the public to participate in the Good Samaritan permit
process, including--
(i) carrying out environmental review and public comment
procedures pursuant to subsection (l); and
(ii) a public hearing, if requested; and
(B) in coordination with the Administrator, enforce Good
Samaritan permits issued under this section for projects on
land owned by the United States.
(k) State, Local, and Tribal Governments.--As soon as
practicable, but not later than 14 days after the date on
which the Administrator receives an application for the
remediation of an abandoned hardrock mine site under this
section that, as determined by the Administrator, is complete
and meets all applicable requirements of subsection (c), the
Administrator shall provide notice and a copy of the
application to--
(1) each local government with jurisdiction over a drinking
water utility, and each Indian tribe with reservation or off-
reservation treaty rights to land or water, located
downstream from or otherwise near a proposed remediation
project that is reasonably anticipated to be impacted by the
remediation project or a potential release of contaminants
from the abandoned hardrock mine site, as determined by the
Administrator;
(2) each Federal, State, and Tribal agency that may have an
interest in the application; and
(3) in the case of an abandoned hardrock mine site that is
located partially or entirely on land owned by the United
States, the Federal land management agency with jurisdiction
over that land.
(l) Environmental Review and Public Comment.--
(1) In general.--Before the issuance of a Good Samaritan
permit to carry out a project for the remediation of an
abandoned hardrock mine site, the Administrator shall ensure
that environmental review and public comment procedures are
carried out with respect to the proposed project.
(2) Relation to nepa.--
(A) Major federal action.--Subject to subparagraph (F), the
issuance or modification of a Good Samaritan permit by the
Administrator shall be considered a major Federal action for
purposes of section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
(B) Lead agency.--The lead agency for purposes of an
environmental assessment and public comment under this
subsection shall be--
(i) in the case of a proposed project on land owned by the
United States that is managed by only 1 Federal land
management agency, the applicable Federal land management
agency;
(ii) in the case of a proposed project entirely on State,
Tribal, or private land, the Administrator;
(iii) in the case of a proposed project partially on land
owned by the United States and partially on State, Tribal, or
private land, the applicable Federal land management agency;
and
(iv) in the case of a proposed project on land owned by the
United States that is managed by more than 1 Federal land
management agency, the Federal land management agency
selected by the Administrator to be the lead agency, after
consultation with the applicable Federal land management
agencies.
(C) Coordination.--To the maximum extent practicable, the
lead agency described in subparagraph (B) shall coordinate
procedures under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with State, Tribal, and Federal
cooperating agencies, as applicable.
(D) Cooperating agency.--In the case of a proposed project
on land owned by the United States, the Administrator shall
be a cooperating agency for purposes of an environmental
assessment and public comment under this subsection.
(E) Single nepa document.--The lead agency described in
subparagraph (B) may conduct a single environmental
assessment for--
(i) the issuance of a Good Samaritan permit;
(ii) any activities authorized by a Good Samaritan permit;
and
(iii) any applicable permits required by the Secretary of
the Interior or the Secretary of Agriculture.
(F) No significant impact.--
(i) In general.--A Good Samaritan permit may only be issued
if, after an environmental assessment, the head of the lead
agency issues a finding of no significant impact (as defined
in section 111 of the National Environmental Policy Act of
1969 (42 U.S.C. 4336e)).
(ii) Significant impact.--If the head of the lead agency is
unable to issue a finding of no significant impact (as so
defined), the head of the lead agency shall not issue a Good
Samaritan permit for the proposed project.
(G) Decision document.--An approval or denial of a Good
Samaritan permit may be issued as a single decision document
that is signed by--
(i) the Administrator; and
(ii) in the case of a project on land owned by the United
States, the head of the applicable Federal land management
agency.
(H) Limitation.--Nothing in this paragraph exempts the
Secretary of Agriculture or the Secretary of the Interior, as
applicable, from any other requirements of section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(m) Permit Grant.--
(1) In general.--The Administrator may grant a Good
Samaritan permit to carry out a project for the remediation
of an abandoned hardrock mine site only if--
(A) the Administrator determines that--
(i) the person seeking the permit is a Good Samaritan;
(ii) the application described in subsection (c) is
complete;
(iii) the project is designed to remediate historic mine
residue at the abandoned hardrock mine site to protect human
health and the environment;
(iv) the proposed project is designed to meet all other
goals, as determined by the Administrator, including any
goals set forth in the application for the Good Samaritan
permit that are accepted by the Administrator;
(v) the proposed activities, as compared to the baseline
conditions described in the permit, will make measurable
progress toward achieving--
(I) applicable water quality standards;
(II) improved soil quality;
(III) improved sediment quality;
(IV) other improved environmental or safety conditions; or
(V) reductions in threats to soil, sediment, or water
quality or other environmental or safety conditions;
(vi) the applicant has--
(I) demonstrated that the applicant has the proper and
appropriate experience and capacity to complete the permitted
work;
(II) demonstrated that the applicant will complete the
permitted work;
(III) the financial and other resources to address any
contingencies identified in the Good Samaritan permit
application described in subsections (b) and (c);
(IV) granted access and provided the authority to review
the records of the applicant relevant to compliance with the
requirements of the Good Samaritan permit; and
(V) demonstrated, to the satisfaction of the Administrator,
that--
(aa) the applicant has, or has access to, the financial
resources to complete the project described in the Good
Samaritan permit application, including any long-term
monitoring and operations and maintenance that the
Administrator may require the applicant to perform in the
Good Samaritan permit; or
(bb) the applicant has established a third-party financial
assurance mechanism, such as a corporate guarantee from a
parent or other corporate affiliate, letter of credit, trust,
surety bond, or insurance to assure that funds are available
to complete the permitted work, including for operations and
maintenance and to address potential contingencies, that--
(AA) establishes the Administrator or the head of the
Federal land management agency as the beneficiary of the
third-party financial assurance mechanism; and
(BB) allows the Administrator to retain and use the funds
from the financial assurance mechanism in the event the Good
Samaritan does not complete the remediation under the Good
Samaritan permit; and
(vii) the project meets the requirements of this division;
(B) the State or Indian tribe with jurisdiction over land
on which the abandoned hardrock mine site is located has been
given an opportunity to review and, if necessary, comment on
the grant of the Good Samaritan permit;
(C) in the case of a project proposed to be carried out
under the Good Samaritan permit partially or entirely on land
owned by the United States, pursuant to subsection (l), the
head of the applicable Federal land management agency has
signed a decision document approving the proposed project;
and
(D) the Administrator or head of the Federal land
management agency, as applicable, has provided--
(i) environmental review and public comment procedures
required by subsection (l); and
(ii) a public hearing under that subsection, if requested.
(2) Deadline.--
(A) In general.--The Administrator shall grant or deny a
Good Samaritan permit by not later than--
(i) the date that is 180 days after the date of receipt by
the Administrator of an application for the Good Samaritan
permit that, as determined by the Administrator, is complete
and meets all applicable requirements of subsection (c); or
(ii) such later date as may be determined by the
Administrator with notification provided to the applicant.
(B) Constructive denial.--If the Administrator fails to
grant or deny a Good Samaritan permit by the applicable
deadline described in subparagraph (A), the application shall
be considered to be denied.
[[Page S5236]]
(3) Discretionary action.--The issuance of a permit by the
Administrator and the approval of a project by the head of an
applicable Federal land management agency shall be considered
to be discretionary actions taken in the public interest.
(n) Effect of Permits.--
(1) In general.--A Good Samaritan and any cooperating
person undertaking remediation activities identified in,
carried out pursuant to, and in compliance with, a covered
permit--
(A) shall be considered to be in compliance with all
requirements (including permitting requirements) under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
(including any law or regulation implemented by a State or
Indian tribe under section 402 or 404 of that Act (33 U.S.C.
1342, 1344)) and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) during the term of the covered permit, after the
termination of the Good Samaritan permit, and after declining
to convert an investigative sampling permit into a Good
Samaritan permit, as applicable;
(B) shall not be required to obtain a permit under, or to
comply with, section 301, 302, 306, 307, 402, or 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1311, 1312,
1316, 1317, 1342, 1344), or any State or Tribal standards or
regulations approved by the Administrator under those
sections of that Act, during the term of the covered permit,
after the termination of the Good Samaritan permit, and after
declining to convert an investigative sampling permit into a
Good Samaritan permit, as applicable; and
(C) shall not be required to obtain any authorizations,
licenses, or permits that would otherwise not need to be
obtained if the remediation was conducted pursuant to section
121 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9621).
(2) Unauthorized activities.--
(A) In general.--Any person (including a Good Samaritan or
any cooperating person) that carries out any activity,
including activities relating to mineral exploration,
processing, beneficiation, or mining, including development,
that is not authorized by the applicable covered permit shall
be subject to all applicable law.
(B) Liability.--Any activity not authorized by a covered
permit, as determined by the Administrator, may be subject to
liability and enforcement under all applicable law,
including--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(3) No enforcement or liability for good samaritans.--
(A) In general.--Subject to subparagraphs (D) and (E), a
Good Samaritan or cooperating person that is conducting a
remediation activity identified in, pursuant to, and in
compliance with a covered permit shall not be subject to
enforcement or liability described in subparagraph (B) for--
(i) any actions undertaken that are authorized by the
covered permit; or
(ii) any past, present, or future releases, threats of
releases, or discharges of hazardous substances, pollutants,
or contaminants at or from the abandoned hardrock mine site
that is the subject of the covered permit (including any
releases, threats of releases, or discharges that occurred
prior to the grant of the covered permit).
(B) Enforcement or liability described.--Enforcement or
liability referred to in subparagraph (A) is enforcement,
civil or criminal penalties, citizen suits and any
liabilities for response costs, natural resource damage, or
contribution under--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (including under any law or regulation administered
by a State or Indian tribe under that Act); or
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
(C) Duration of applicability.--Subparagraph (A) shall
apply during the term of the covered permit, after the
termination of the Good Samaritan permit, and after declining
to convert an investigative sampling permit into a Good
Samaritan permit, as applicable.
(D) Other parties.--Nothing in subparagraph (A) limits the
liability of any person that is not described in that
subparagraph.
(E) Decline in environmental conditions.--Notwithstanding
subparagraph (A), if a Good Samaritan or cooperating person
fails to comply with any term, condition, or limitation of a
covered permit and that failure results in surface water
quality or other environmental conditions that the
Administrator determines are measurably worse than the
baseline conditions as described in the permit (in the case
of a Good Samaritan permit) or the conditions as described
pursuant to subsection (d)(3)(B), if applicable (in the case
of an investigative sampling permit), at the abandoned
hardrock mine site, the Administrator shall--
(i) notify the Good Samaritan or cooperating person, as
applicable, of the failure to comply; and
(ii) require the Good Samaritan or the cooperating person,
as applicable, to undertake reasonable measures, as
determined by the Administrator, to return surface water
quality or other environmental conditions to those
conditions.
(F) Failure to correct.--Subparagraph (A) shall not apply
to a Good Samaritan or cooperating person that fails to take
any actions required under subparagraph (E)(ii) within a
reasonable period of time, as established by the
Administrator.
(G) Minor or corrected permit violations.--For purposes of
this paragraph, the failure to comply with a term, condition,
or limitation of a Good Samaritan permit or investigative
sampling permit shall not be considered a permit violation or
noncompliance with that permit if--
(i) that failure or noncompliance does not result in a
measurable adverse impact, as determined by the
Administrator, on water quality or other environmental
conditions; or
(ii) the Good Samaritan or cooperating person complies with
subparagraph (E)(ii).
(o) Public Notification of Adverse Event.--A Good Samaritan
shall notify all appropriate Federal, State, Tribal, and
local entities of any unplanned or previously unknown release
of historic mine residue caused by the actions of the Good
Samaritan or any cooperating person in accordance with--
(1) section 103 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9603);
(2) section 304 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11004);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) any other applicable provision of Federal law; and
(5) any other applicable provision of State, Tribal, or
local law.
(p) Grant Eligibility.--A remediation project conducted
under a Good Samaritan permit shall be eligible for funding
pursuant to--
(1) section 319 of the Federal Water Pollution Control Act
(33 U.S.C. 1329), for activities that are eligible for
funding under that section; and
(2) section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)), subject to the condition that the recipient of the
funding is otherwise eligible under that section to receive a
grant to assess or remediate contamination at the site
covered by the Good Samaritan permit.
(q) Emergency Authority and Liability.--
(1) Emergency authority.--Nothing in this section affects
the authority of--
(A) the Administrator to take any responsive action
authorized by law; or
(B) a Federal, State, Tribal, or local agency to carry out
any emergency authority, including an emergency authority
provided under Federal, State, Tribal, or local law.
(2) Liability.--Except as specifically provided in this
division, nothing in this division, a Good Samaritan permit,
or an investigative sampling permit limits the liability of
any person (including a Good Samaritan or any cooperating
person) under any provision of law.
(r) Termination of Good Samaritan Permit.--
(1) In general.--A Good Samaritan permit shall terminate,
as applicable--
(A) on inspection and notice from the Administrator to the
recipient of the Good Samaritan permit that the permitted
work has been completed in accordance with the terms of the
Good Samaritan permit, as determined by the Administrator;
(B) if the Administrator terminates a permit under
paragraph (4)(B); or
(C) except as provided in paragraph (2)--
(i) on the date that is 18 months after the date on which
the Administrator granted the Good Samaritan permit, if the
permitted work has not commenced by that date; or
(ii) if the grant of the Good Samaritan permit was the
subject of a petition for judicial review, on the date that
is 18 months after the date on which the judicial review,
including any appeals, has concluded, if the permitted work
has not commenced by that date.
(2) Extension.--
(A) In general.--If the Administrator is otherwise required
to terminate a Good Samaritan permit under paragraph (1)(C),
the Administrator may grant an extension of the Good
Samaritan permit.
(B) Limitation.--Any extension granted under subparagraph
(A) shall be not more than 180 days for each extension.
(3) Effect of termination.--
(A) In general.--Notwithstanding the termination of a Good
Samaritan permit under paragraph (1), but subject to
subparagraph (B), the provisions of paragraphs (1) through
(4) of subsection (n) shall continue to apply to the Good
Samaritan and any cooperating persons after the termination,
including to any long-term operations and maintenance
pursuant to the agreement under paragraph (5).
(B) Degradation of surface water quality.--
(i) Opportunity to return to baseline conditions.--If, at
the time that 1 or more of the conditions described in
paragraph (1) are met but before the Good Samaritan permit is
terminated, actions by the Good Samaritan or cooperating
person have caused surface water quality at the abandoned
hardrock mine site to be measurably worse, as determined by
the Administrator, when compared to baseline conditions
described in the permit, the Administrator shall, before
terminating the Good Samaritan permit, provide the Good
Samaritan or cooperating person, as applicable, the
opportunity to return surface water quality to those baseline
conditions.
[[Page S5237]]
(ii) Effect.--If, pursuant to clause (i), the applicable
Good Samaritan or cooperating person does not return the
surface water quality at the abandoned hardrock mine site to
the baseline conditions described in the permit, as
determined by the Administrator, subparagraph (A) shall not
apply to the Good Samaritan or any cooperating persons.
(4) Unforeseen circumstances.--
(A) In general.--The recipient of a Good Samaritan permit
may seek to modify or terminate the Good Samaritan permit to
take into account any event or condition that--
(i) significantly reduces the feasibility or significantly
increases the cost of completing the remediation project that
is the subject of the Good Samaritan permit;
(ii) was not--
(I) reasonably contemplated by the recipient of the Good
Samaritan permit; or
(II) taken into account in the remediation plan of the
recipient of the Good Samaritan permit; and
(iii) is beyond the control of the recipient of the Good
Samaritan permit, as determined by the Administrator.
(B) Termination.--The Administrator shall terminate a Good
Samaritan permit if--
(i) the recipient of the Good Samaritan permit seeks
termination of the permit under subparagraph (A);
(ii) the factors described in subparagraph (A) are
satisfied; and
(iii) the Administrator determines that remediation
activities conducted by the Good Samaritan or cooperating
person pursuant to the Good Samaritan permit may result in
surface water quality conditions, or any other environmental
conditions, that will be worse than the baseline conditions,
as described in the Good Samaritan permit, as applicable.
(5) Long-term operations and maintenance.--In the case of a
project that involves long-term operations and maintenance at
an abandoned hardrock mine site located on land owned by the
United States, the project may be considered complete and the
Administrator, in coordination with the applicable Federal
land management agency, may terminate the Good Samaritan
permit under this subsection if the applicable Good Samaritan
has entered into an agreement with the applicable Federal
land management agency or a cooperating person for the long-
term operations and maintenance that includes sufficient
funding for the long-term operations and maintenance.
(s) Regulations.--
(1) In general.--Subject to paragraph (2), the
Administrator, in consultation with the Secretary of the
Interior and the Secretary of Agriculture, and appropriate
State, Tribal, and local officials, may promulgate any
regulations that the Administrator determines to be necessary
to carry out this division.
(2) Guidance if no regulations promulgated.--
(A) In general.--If the Administrator does not initiate a
regulatory process to promulgate regulations under paragraph
(1) within 180 days after the date of enactment of this Act,
the Administrator, in consultation with the Secretary of the
Interior, the Secretary of Agriculture, and appropriate
State, Tribal, and local officials, shall issue guidance
establishing specific requirements that the Administrator
determines would facilitate the implementation of this
section.
(B) Public comments.--Before finalizing any guidance issued
under subparagraph (A), the Administrator shall hold a 30-day
public comment period.
SEC. 5005. SPECIAL ACCOUNTS.
(a) Establishment.--There is established in the Treasury of
the United States a Good Samaritan Mine Remediation Fund
(referred to in this section as a ``Fund'') for--
(1) each Federal land management agency that authorizes a
Good Samaritan to conduct a project on Federal land under the
jurisdiction of that Federal land management agency under a
Good Samaritan permit; and
(2) the Environmental Protection Agency.
(b) Deposits.--Each Fund shall consist of--
(1) amounts provided in appropriation Acts;
(2) any proceeds from reprocessing deposited under section
5004(f)(4)(B)(iv);
(3) any financial assurance funds collected from an
agreement described in section 5004(m)(1)(A)(vi)(V)(bb);
(4) any funds collected for long-term operations and
maintenance under an agreement under section 5004(r)(5); and
(5) any amounts donated to the Fund by any person.
(c) Unused Funds.--Amounts in each Fund not currently
needed to carry out this division shall be maintained as
readily available or on deposit.
(d) Retain and Use Authority.--The Administrator and each
head of a Federal land management agency, as appropriate,
may, notwithstanding any other provision of law, retain and
use money deposited in the applicable Fund without fiscal
year limitation for the purpose of carrying out this
division.
SEC. 5006. REPORT TO CONGRESS.
(a) In General.--Not later than 8 years after the date of
enactment of this Act, the Administrator, in consultation
with the heads of Federal land management agencies, shall
submit to the Committee on Environment and Public Works of
the Senate and the Committees on Transportation and
Infrastructure, Energy and Commerce, and Natural Resources of
the House of Representatives a report evaluating the Good
Samaritan pilot program under this division.
(b) Inclusions.--The report under subsection (a) shall
include--
(1) a description of--
(A) the number, types, and objectives of Good Samaritan
permits granted pursuant to this division; and
(B) each remediation project authorized by those Good
Samaritan permits;
(2) interim or final qualitative and quantitative data on
the results achieved under the Good Samaritan permits before
the date of issuance of the report;
(3) a description of--
(A) any problems encountered in administering this
division; and
(B) whether the problems have been or can be remedied by
administrative action (including amendments to existing law);
(4) a description of progress made in achieving the
purposes of this division; and
(5) recommendations on whether the Good Samaritan pilot
program under this division should be continued, including a
description of any modifications (including amendments to
existing law) required to continue administering this
division.
______
SA 2965. 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. 10___. DESIGNATION OF CERRO DE LA OLLA WILDERNESS.
(a) Designation.--
(1) In general.--Section 1202 of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (16 U.S.C. 1132
note; Public Law 116-9; 133 Stat. 651) is amended--
(A) in the section heading, by striking ``cerro del yuta
and rio san antonio'' and inserting ``rio grande del norte
national monument'';
(B) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Map.--The term `map' means--
``(A) for purposes of subparagraphs (A) and (B) of
subsection (b)(1), the map entitled `Rio Grande del Norte
National Monument Proposed Wilderness Areas' and dated July
28, 2015; and
``(B) for purposes of subsection (b)(1)(C), the map
entitled `Proposed Cerro de la Olla Wilderness and Rio Grande
del Norte National Monument Boundary' and dated June 30,
2022.''; and
(C) in subsection (b)--
(i) in paragraph (1), by adding at the end the following:
``(C) Cerro de la olla wilderness.--Certain Federal land
administered by the Bureau of Land Management in Taos County,
New Mexico, comprising approximately 12,898 acres as
generally depicted on the map, which shall be known as the
`Cerro de la Olla Wilderness'.'';
(ii) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``this Act'' and inserting ``this Act
(including a reserve common grazing allotment)'';
(iii) in paragraph (7)--
(I) by striking ``map and'' each place it appears and
inserting ``maps and''; and
(II) in subparagraph (B), by striking ``the legal
description and map'' and inserting ``the maps or legal
descriptions''; and
(iv) by adding at the end the following:
``(12) Wildlife water development projects in cerro de la
olla wilderness.--
``(A) In general.--Subject to subparagraph (B) and in
accordance with section 4(c) of the Wilderness Act (16 U.S.C.
1133(c)), the Secretary may authorize the maintenance of any
structure or facility in existence on the date of enactment
of this paragraph for wildlife water development projects
(including guzzlers) in the Cerro de la Olla Wilderness if,
as determined by the Secretary--
``(i) the structure or facility would enhance wilderness
values by promoting healthy, viable, and more naturally
distributed wildlife populations; and
``(ii) the visual impacts of the structure or facility on
the Cerro de la Olla Wilderness can reasonably be minimized.
``(B) Cooperative agreement.--Not later than 1 year after
the date of enactment of this paragraph, the Secretary shall
enter into a cooperative agreement with the State of New
Mexico that specifies, subject to section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), the terms and conditions
under which wildlife management activities in the Cerro de la
Olla Wilderness may be carried out.''.
(2) Clerical amendment.--The table of contents for the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(Public Law 116-9; 133 Stat. 581) is amended by striking the
item relating to section 1202 and inserting the following:
``Sec. 1202. Rio Grande del Norte National Monument Wilderness
Areas.''.
(b) Rio Grande Del Norte National Monument Boundary
Modification.--The boundary of the Rio Grande del Norte
National Monument in the State of New Mexico is modified, as
depicted on the map entitled ``Proposed Cerro de la Olla
Wilderness and Rio Grande del Norte National Monument
Boundary'' and dated June 30, 2022.
[[Page S5238]]
______
SA 2966. 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. 10___. WITHDRAWAL OF CERTAIN BUREAU OF LAND MANAGEMENT
LAND.
(a) In General.--Subject to valid existing rights, the
Federal land described in subsection (b) is withdrawn from
all forms of--
(1) location, entry, and patent under the mining laws; and
(2) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Description.--The Federal land referred to in
subsections (a) and (c) is the approximately 4,288 acres of
land administered by the Director of the Bureau of Land
Management and generally depicted as ``Tract A'', ``Tract
B'', ``Tract C'', and ``Tract D'' on the map entitled
``Placitas, New Mexico Area Map'' and dated November 13,
2019.
(c) Surface Estate.--
(1) In general.--Subject to the reservation of the mineral
estate under paragraph (2), nothing in this section prohibits
the Secretary of the Interior from conveying the surface
estate of the Federal land described in subsection (b) in
accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); or
(B) the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(2) Mineral estate.--Any conveyance of the surface estate
of the Federal land described in subsection (b) shall require
a reservation of the mineral estate to the United States.
______
SA 2967. 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. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Definitions.--In this section:
(1) Covered segment.--The term ``covered segment'' means a
river segment designated by paragraph (233) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (b)).
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to a
covered segment under the jurisdiction of the Secretary of
the Interior; and
(B) the Secretary of Agriculture, with respect to a covered
segment under the jurisdiction of the Secretary of
Agriculture.
(3) State.--The term ``State'' means the State of New
Mexico.
(b) Designation of Segments.--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) Gila river system, new mexico.--The following
segments of the Gila River system in Las Animas Creek, Holden
Prong, and McKnight Canyon in the State of New Mexico, to be
administered by the Secretary concerned (as defined in
section 1095(a) of the National Defense Authorization Act for
Fiscal Year 2025) in the following classifications:
``(A) Apache creek.--The approximately 10.5-mile segment,
as generally depicted on the map entitled `Apache Creek' and
dated April 30, 2020, as a wild river.
``(B) Black canyon creek.--
``(i) The 11.8-mile segment, as generally depicted on the
map entitled `Black Canyon Creek' and dated April 30, 2020,
as a wild river.
``(ii) The 0.6-mile segment, as generally depicted on the
map entitled `Black Canyon Creek' and dated April 30, 2020,
as a recreational river.
``(iii) The 1.9-mile segment, as generally depicted on the
map entitled `Black Canyon Creek' and dated April 30, 2020,
as a recreational river.
``(iv) The 11-mile segment, as generally depicted on the
map entitled `Black Canyon Creek' and dated April 30, 2020,
as a wild river.
``(C) Diamond creek.--
``(i) The approximately 13.3-mile segment, as generally
depicted on the map entitled `Diamond Creek' and dated March
27, 2020, as a wild river.
``(ii) The approximately 4.7-mile segment, as generally
depicted on the map entitled `Diamond Creek' and dated March
27, 2020, as a wild river.
``(iii) The approximately 3.1-mile segment, as generally
depicted on the map entitled `Diamond Creek' and dated March
27, 2020, as a recreational river.
``(iv) The approximately 1.6-mile segment, as generally
depicted on the map entitled `Diamond Creek' and dated March
27, 2020, as a recreational river.
``(v) The approximately 4.1-mile segment, as generally
depicted on the map entitled `Diamond Creek' and dated March
27, 2020, as a wild river.
``(D) South diamond creek.--The approximately 16.1-mile
segment, as generally depicted on the map entitled `South
Diamond Creek' and dated March 27, 2020, as a wild river.
``(E) Gila river.--
``(i) The approximately 34.9-mile segment, as generally
depicted on the map entitled `Gila River' and dated April 30,
2020, as a wild river.
``(ii) The approximately 2.5-mile segment, as generally
depicted on the map entitled `Gila River' and dated April 30,
2020, as a recreational river.
``(iii) The approximately 3-mile segment, as generally
depicted on the map entitled `Gila River' and dated April 30,
2020, as a wild river.
``(F) Gila river, east fork.--The approximately 10.3-mile
segment, as generally depicted on the map entitled `East Fork
Gila River' and dated April 30, 2020, as a wild river.
``(G) Gila river, lower box.--
``(i) The approximately 3.1-mile segment, as generally
depicted on the map entitled `Gila River, Lower Box' and
dated April 21, 2020, as a recreational river.
``(ii) The approximately 6.1-mile segment, as generally
depicted on the map entitled `Gila River, Lower Box' and
dated April 21, 2020, as a wild river.
``(H) Gila river, middle box.--
``(i) The approximately 0.6-mile segment, as generally
depicted on the map entitled `Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
``(ii) The approximately 0.4-mile segment, as generally
depicted on the map entitled `Gila River, Middle Box'' and
dated April 30, 2020, as a recreational river.
``(iii) The approximately 0.3-mile segment, as generally
depicted on the map entitled `Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
``(iv) The approximately 0.3-mile segment, as generally
depicted on the map entitled `Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
``(v) The approximately 1.6-mile segment, as generally
depicted on the map entitled `Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
``(vi) The approximately 9.8-mile segment, as generally
depicted on the map entitled `Gila River, Middle Box' and
dated April 30, 2020, as a wild river.
``(I) Gila river, middle fork.--
``(i) The approximately 1.2-mile segment, as generally
depicted on the map entitled `Middle Fork Gila River' and
dated May 1, 2020, as a recreational river.
``(ii) The approximately 35.5-mile segment, as generally
depicted on the map entitled `Middle Fork Gila River' and
dated May 1, 2020, as a wild river.
``(J) Gila river, west fork.--
``(i) The approximately 30.6-mile segment, as generally
depicted on the map entitled `West Fork Gila River' and dated
May 1, 2020, as a wild river.
``(ii) The approximately 4-mile segment, as generally
depicted on the map entitled `West Fork Gila River' and dated
May 1, 2020, as a recreational river.
``(K) Gilita creek.--The approximately 6.4-mile segment, as
generally depicted on the map entitled `Gilita Creek' and
dated March 4, 2020, as a wild river.
``(L) Holden prong.--The approximately 7.3-mile segment, as
generally depicted on the map entitled `Holden Prong' and
dated March 27, 2020, as a wild river.
``(M) Indian creek.--
``(i) The approximately 5-mile segment, as generally
depicted on the map entitled `Indian Creek' and dated March
27, 2020, as a recreational river.
``(ii) The approximately 9.5-mile segment, as generally
depicted on the map entitled `Indian Creek' and dated March
27, 2020, as a wild river.
``(N) Iron creek.--The approximately 13.2-mile segment, as
generally depicted on the map entitled `Iron Creek' and dated
March 4, 2020, as a wild river.
``(O) Las animas creek.--
``(i) The approximately 5.3-mile segment, as generally
depicted on the map entitled `Las Animas Creek' and dated
March 27, 2020, as a wild river.
``(ii) The approximately 2.3-mile segment, as generally
depicted on the map entitled `Las Animas Creek' and dated
March 27, 2020, as a scenic river.
``(P) Little creek.--
``(i) The approximately 0.3-mile segment, as generally
depicted on the map entitled `Little Creek' and dated May 1,
2020, as a recreational river.
``(ii) The approximately 18.3-mile segment, as generally
depicted on the map entitled `Little Creek' and dated May 1,
2020, as a wild river.
``(Q) Mcknight canyon.--The approximately 10.3-mile
segment, as generally depicted on the map entitled `McKnight
Canyon' and dated March 4, 2020, as a wild river.
``(R) Mineral creek.--
``(i) The approximately 8.3-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a wild river.
``(ii) The approximately 0.5-mile segment, as generally
depicted on the map entitled
[[Page S5239]]
`Mineral Creek' and dated March 27, 2020, as a recreational
river.
``(iii) The approximately 0.5-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(iv) The approximately 0.1-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(v) The approximately 0.03-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(vi) The approximately 0.02-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(vii) The approximately 0.6-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(viii) The approximately 0.1-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(ix) The approximately 0.03-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(x) The approximately 0.7-mile segment, as generally
depicted on the map entitled `Mineral Creek' and dated March
27, 2020, as a recreational river.
``(S) Mogollon creek.--The approximately 15.8-mile segment,
as generally depicted on the map entitled `Mogollon Creek'
and dated April 2, 2020, as a wild river.
``(T) West fork mogollon creek.--The approximately 8.5-mile
segment, as generally depicted on the map entitled `West Fork
Mogollon Creek' and dated March 4, 2020, as a wild river.
``(U) Mule creek.--The approximately 4.3-mile segment, as
generally depicted on the map entitled `Mule Creek' and dated
March 4, 2020, as a wild river.
``(V) San francisco river, devil's creek.--
``(i) The approximately 1.8-mile segment, as generally
depicted on the map entitled `San Francisco River, Devil's
Creek' and dated October 29, 2021, as a scenic river.
``(ii) The approximately 6.4-mile segment, as generally
depicted on the map entitled `San Francisco River, Devil's
Creek' and dated October 29, 2021, as a scenic river.
``(iii) The approximately 6.1-mile segment, as generally
depicted on the map entitled `San Francisco River, Devil's
Creek' and dated October 29, 2021, as a scenic river.
``(iv) The approximately 1.2-mile segment, as generally
depicted on the map entitled `San Francisco River, Devil's
Creek' and dated October 29, 2021, as a recreational river.
``(v) The approximately 5.9-mile segment, as generally
depicted on the map entitled `San Francisco River, Devil's
Creek' and dated October 29, 2021, as a recreational river.
``(W) San francisco river, lower san francisco river
canyon.--
``(i) The approximately 1.8-mile segment, as generally
depicted on the map entitled `San Francisco River, Lower San
Francisco River Canyon' and dated March 27, 2020, as a wild
river.
``(ii) The approximately 0.6-mile segment, as generally
depicted on the map entitled `San Francisco River, Lower San
Francisco River Canyon' and dated March 27, 2020, as a
recreational river.
``(iii) The approximately 14.6-mile segment, as generally
depicted on the map entitled `San Francisco River, Lower San
Francisco River Canyon' and dated March 27, 2020, as a wild
river.
``(X) San francisco river, upper frisco box.--The
approximately 6-mile segment, as generally depicted on the
map entitled `San Francisco River, Upper Frisco Box' and
dated March 4, 2020, as a wild river.
``(Y) Sapillo creek.--The approximately 7.2-mile segment,
as generally depicted on the map entitled `Sapillo Creek' and
dated March 27, 2020, as a wild river.
``(Z) Spruce creek.--The approximately 3.7-mile segment, as
generally depicted on the map entitled `Spruce Creek' and
dated March 4, 2020, as a wild river.
``(AA) Taylor creek.--
``(i) The approximately 0.4-mile segment, as generally
depicted on the map entitled `Taylor Creek' and dated April
30, 2020, as a scenic river.
``(ii) The approximately 6.1-mile segment, as generally
depicted on the map entitled `Taylor Creek' and dated April
30, 2020, as a wild river.
``(iii) The approximately 6.7-mile segment, as generally
depicted on the map entitled `Taylor Creek' and dated April
30, 2020, as a wild river.
``(BB) Turkey creek.--The approximately 17.1-mile segment,
as generally depicted on the map entitled `Turkey Creek' and
dated April 30, 2020, as a wild river.
``(CC) Whitewater creek.--
``(i) The approximately 13.5-mile segment, as generally
depicted on the map entitled `Whitewater Creek' and dated
March 27, 2020, as a wild river.
``(ii) The approximately 1.1-mile segment, as generally
depicted on the map entitled `Whitewater Creek' and dated
March 27, 2020, as a recreational river.
``(DD) Willow creek.--
``(i) The approximately 3-mile segment, as generally
depicted on the map entitled `Willow Creek' and dated April
30, 2020, as a recreational river.
``(ii) The approximately 2.9-mile segment, as generally
depicted on the map entitled `Willow Creek' and dated April
30, 2020, as a recreational river.''.
(c) Withdrawal.--Subject to valid existing rights, all
Federal land within the boundary of a covered segment 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.
(d) Maps; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall prepare
maps and legal descriptions of the covered segments.
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as
if included in this section, except that the Secretary
concerned may correct minor errors in the maps and legal
descriptions.
(3) Availability.--The 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,
the Bureau of Land Management, and the National Park Service.
(e) Comprehensive River Management Plan.--The Secretary
concerned shall prepare the comprehensive management plan for
the covered segments pursuant to section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)) after consulting with
Tribal governments, applicable political subdivisions of the
State, and interested members of the public.
(f) Incorporation of Acquired Land and Interests in Land.--
If the United States acquires any non-Federal land within or
adjacent to a covered segment, the acquired land shall be
incorporated in, and be administered as part of, the
applicable covered segment.
(g) Effect of Section.--
(1) Effect on rights.--In accordance with section 12(b) of
the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing
in this section or an amendment made by this section
abrogates any existing rights of, privilege of, or contract
held by any person, including any right, privilege, or
contract that affects Federal land or private land, without
the consent of the person, including--
(A) grazing permits or leases;
(B) existing water rights, including the jurisdiction of
the State in administering water rights;
(C) existing points of diversion, including maintenance,
repair, or replacement;
(D) existing water distribution infrastructure, including
maintenance, repair, or replacement; and
(E) valid existing rights for mining and mineral leases.
(2) Mining activities.--The designation of a covered
segment by subparagraph (G) or (H) of paragraph (233) of
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (b)) shall not--
(A) limit the licensing, development, operation, or
maintenance of mining activities or mineral processing
facilities outside the boundaries of the applicable covered
segment; or
(B) affect any rights, obligations, privileges, or benefits
granted under any permit or approval with respect to such
mining activities or mineral processing facilities.
(3) Condemnation.--No land or interest in land shall be
acquired under this section or an amendment made by this
section without the consent of the owner.
(4) Relationship to other law.--Nothing in this section
amends or otherwise affects the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3478).
(5) Native fish habitat restoration.--
(A) Existing projects.--Nothing in this section or an
amendment made by this section affects the authority of the
Secretary concerned or the State to operate, maintain,
replace, or improve a native fish habitat restoration project
(including fish barriers) in existence as of the date of
enactment of this Act within a covered segment.
(B) New projects.--Notwithstanding section 7 of the Wild
and Scenic Rivers Act (16 U.S.C. 1278), the Secretary
concerned may authorize the construction of a native fish
habitat restoration project (including any necessary fish
barriers) within a covered segment if the project--
(i) would enhance the recovery of a species listed as
threatened or endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), a sensitive species, or a
species of greatest conservation need, including the Gila
Trout (Oncorhynchus gilae); and
(ii) would not unreasonably diminish the free-flowing
nature or outstandingly remarkable values of the covered
segment.
(C) Projects within wilderness areas.--A native fish
habitat restoration project (including fish barriers) located
within an area designated as a component of the National
Wilderness Preservation System shall be constructed
consistent with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) the applicable wilderness management plan.
(6) State land jurisdiction.--Nothing in this section or an
amendment made by this section affects the jurisdiction of
land under the jurisdiction of the State, including land
under the jurisdiction of the New Mexico State Land Office
and the New Mexico Department of Game and Fish.
[[Page S5240]]
(7) Fish and wildlife.--Nothing in this section or an
amendment made by this section affects the jurisdiction of
the State with respect to fish and wildlife in the State.
(8) Treaty rights.--Nothing in this section or an amendment
made by this section alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian Tribe
with respect to hunting, fishing, gathering, and cultural or
religious rights in the vicinity of a covered segment as
protected by a treaty.
SEC. 1096. MODIFICATION OF BOUNDARIES OF GILA CLIFF DWELLINGS
NATIONAL MONUMENT AND GILA NATIONAL FOREST.
(a) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary
of Agriculture to the Secretary of the Interior.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 440 acres of land identified as
``Transfer from USDA Forest Service to National Park
Service'' on the map entitled ``Gila Cliff Dwellings National
Monument Proposed Boundary Adjustment'' and dated March 2020.
(b) Boundary Modifications.--
(1) Gila cliff dwellings national monument.--
(A) In general.--The boundary of the Gila Cliff Dwellings
National Monument is revised to incorporate the land
transferred to the Secretary of the Interior under subsection
(a)(1).
(B) Map.--
(i) In general.--The Secretary of the Interior shall
prepare and keep on file for public inspection in the
appropriate office of the National Park Service a map and a
legal description of the revised boundary of the Gila Cliff
Dwellings National Monument.
(ii) Effect.--The map and legal description under clause
(i) shall have the same force and effect as if included in
this section, except that the Secretary of the Interior may
correct minor errors in the map and legal description.
(2) Gila national forest.--
(A) In general.--The boundary of the Gila National Forest
is modified to exclude the land transferred to the Secretary
of the Interior under subsection (a)(1).
(B) Map.--
(i) In general.--The Secretary of Agriculture shall prepare
and keep on file for public inspection in the appropriate
office of the Forest Service a map and a legal description of
the revised boundary of the Gila National Forest.
(ii) Effect.--The map and legal description under clause
(i) shall have the same force and effect as if included in
this section, except that the Secretary of Agriculture may
correct minor errors in the map and legal description.
______
SA 2968. 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. WITHDRAWAL OF FEDERAL LAND IN PECOS WATERSHED
AREA, NEW MEXICO.
(a) Definition of Federal Land.--In this section, the term
``Federal land'' means the Federal land depicted as ``Pecos
Withdrawal'' on the map entitled ``Proposed Mineral
Withdrawal Legislative Map'' and dated September 11, 2023.
(b) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the 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.
SEC. 1096. DESIGNATION OF THOMPSON PEAK WILDERNESS AREA, NEW
MEXICO.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of New
Mexico.
(3) Wilderness area.--The term ``wilderness area'' means
the Thompson Peak Wilderness Area designated by subsection
(b).
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 11,599 acres of land
managed by the Forest Service in the State, as generally
depicted on the map entitled ``Proposed Mineral Withdrawal
Legislative Map'' and dated September 11, 2023, is designated
as a wilderness area and as a component of the National
Wilderness Preservation System, to be known as the ``Thompson
Peak Wilderness 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 wilderness area 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) Effect.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this section, except that the Secretary may
correct clerical and typographical errors in the map and
legal description.
(3) Availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(d) Administration.--
(1) In general.--Subject to valid existing rights, the
wilderness area shall be administered by 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.
(2) Adjacent management.--
(A) No protective perimeters or buffer zones.--Congress
does not intend for the designation of the wilderness area to
create a protective perimeter or buffer zone around the
wilderness area.
(B) Nonwilderness activities.--The fact that nonwilderness
activities or uses outside of the wilderness area can be seen
or heard from an area within the wilderness area shall not
preclude the conduct of the nonwilderness activities or uses
outside the boundaries of the wilderness area.
(3) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this section affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife management in the wilderness area (including the
regulation of hunting, fishing, and trapping).
(4) Grazing.--The Secretary shall allow the continuation of
the grazing of livestock in the wilderness area, if
established before the date of enactment of this Act, in
accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) 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).
(5) Wildfire, insect, and disease control.--The Secretary
may carry out measures in the wilderness area that the
Secretary determines to be necessary to control fire,
insects, or diseases, in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)).
(e) Incorporation of Acquired Land and Interests in Land.--
Any land or interest in land within the boundaries of the
wilderness area that is acquired by the United States after
the date of enactment of this Act shall be added to and
administered as part of the wilderness area.
(f) Withdrawal.--Subject to valid existing rights, the
wilderness area is withdrawn from--
(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 relating to mineral and
geothermal leasing or mineral materials.
______
SA 2969. Mr. DURBIN (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 C in title III, add the following:
SEC. 324. CENTERS OF EXCELLENCE FOR ASSESSING PERFLUOROALKYL
AND POLYFLUOROALKYL SUBSTANCES IN WATER SOURCES
AND PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCE REMEDIATION SOLUTIONS.
(a) Purpose.--The purpose of this section is to dedicate
resources to advancing, and expanding access to,
perfluoroalkyl or polyfluoroalkyl substance detection and
remediation science, research, and technologies through the
establishment of Centers of Excellence for Assessing
Perfluoroalkyl and Polyfluoroalkyl Substances in Water
Sources and Perfluoroalkyl and Polyfluoroalkyl Substance
Remediation Solutions.
(b) Establishment of Centers.--
(1) In general.--The Administrator shall--
(A) select from among the applications submitted under
paragraph (2)(A) an eligible research university, an eligible
rural university, and a National Laboratory applying jointly
for the establishment of centers, to be known as the
``Centers of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation
Solutions'', which shall be a tri-institutional collaboration
between the eligible research university, eligible rural
university, and National Laboratory co-applicants (in this
section referred to as the ``Centers''); and
[[Page S5241]]
(B) guide the eligible research university, eligible rural
university, and National Laboratory in the establishment of
the Centers.
(2) Applications.--
(A) In general.--An eligible research university, eligible
rural university, and National Laboratory desiring to
establish the Centers shall jointly submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
(B) Criteria.--In evaluating applications submitted under
subparagraph (A), the Administrator shall only consider
applications that--
(i) include evidence of an existing partnership between not
fewer than two of the co-applicants that is dedicated to
supporting and expanding shared scientific goals with a clear
pathway to collaborating on furthering science and research
relating to perfluoroalkyl or polyfluoroalkyl substances;
(ii) demonstrate a history of collaboration between not
fewer than two of the co-applicants on the advancement of
shared research capabilities, including instrumentation and
research infrastructure relating to perfluoroalkyl or
polyfluoroalkyl substances;
(iii) indicate that the co-applicants have the capacity to
expand education and research opportunities for undergraduate
and graduate students to prepare a generation of experts in
sciences relating to perfluoroalkyl or polyfluoroalkyl
substances;
(iv) demonstrate that the National Laboratory co-applicant
is equipped to scale up newly discovered materials and
methods for perfluoroalkyl or polyfluoroalkyl substance
detection and perfluoroalkyl or polyfluoroalkyl substance
removal processes for low-risk, cost-effective, and validated
commercialization; and
(v) identify one or more staff members of each co-applicant
who--
(I) have expertise in sciences relevant to perfluoroalkyl
or polyfluoroalkyl substance detection and remediation; and
(II) have been jointly selected, and will be jointly
appointed, by the co-applicants to lead and carry out the
purposes of the Centers.
(3) Timing.--
(A) In general.--Subject to subparagraph (B), the Centers
shall be established not later than one year after the date
of the enactment of this Act.
(B) Delay.--If the Administrator determines that a delay in
the establishment of the Centers is necessary, the
Administrator--
(i) not later than the date specified in subparagraph (A),
shall submit a notification to the appropriate committees of
Congress explaining the necessity of the delay; and
(ii) shall ensure that the Centers are established not
later than three years after the date of the enactment of
this Act.
(4) Coordination.--The Administrator shall carry out
paragraph (1) in coordination with other relevant officials
of the Federal Government as the Administrator determines
appropriate.
(c) Duties and Capabilities of the Centers.--
(1) In general.--The Centers shall develop and maintain--
(A) capabilities for measuring perfluoroalkyl or
polyfluoroalkyl substance contamination in drinking water,
ground water, and any other relevant environmental,
municipal, industrial, or residential water samples using
methods certified by the Environmental Protection Agency; and
(B) capabilities for--
(i) evaluating emerging perfluoroalkyl or polyfluoroalkyl
substance removal and destruction technologies and methods;
and
(ii) benchmarking those technologies and methods relative
to existing technologies and methods.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the Centers
shall, at a minimum--
(i) develop instruments and personnel capable of analyzing
perfluoroalkyl or polyfluoroalkyl substance contamination in
water using--
(I) the method described by the Environmental Protection
Agency in the document entitled ``Method 533: Determination
of Per- and Polyfluoroalkyl Substances in Drinking Water by
Isotope Dilution Anion Exchange Solid Phase Extraction and
Liquid Chromatography/Tandem mass Spectrometry'' (commonly
known as ``EPA Method 533'');
(II) the method described by the Environmental Protection
Agency in the document entitled ``Method 537.1: Determination
of Selected Per- and Polyfluorinated Alkyl Substances in
Drinking Water by Solid Phase Extraction and Liquid
Chromatography/Tandem Mass Spectrometry (LC/MS/MS)''
(commonly known as ``EPA Method 537.1'');
(III) any updated or future method developed by the
Environmental Protection Agency; and
(IV) any other method the Administrator considers relevant;
(ii) develop and maintain capabilities for evaluating the
removal of perfluoroalkyl or polyfluoroalkyl substances from
water using newly developed adsorbents or membranes;
(iii) develop and maintain capabilities to evaluate the
degradation of perfluoroalkyl or polyfluoroalkyl substances
in water or other media;
(iv) make the capabilities and instruments developed under
clauses (i) through (iii) available to researchers throughout
the regions in which the Centers are located; and
(v) make reliable perfluoroalkyl or polyfluoroalkyl
substance measurement capabilities and instruments available
to municipalities and individuals in the regions in which the
Centers are located at reasonable cost.
(B) Open-access research.--The Centers shall provide open
access to the research findings of the Centers.
(d) Coordination With Other Federal Agencies.--The
Administrator may, as the Administrator determines to be
necessary, use staff and other resources from other Federal
agencies in carrying out this section.
(e) Reports.--
(1) Report on establishment of centers.--Not later than one
year after the date of the establishment of the Centers under
subsection (b), the Administrator, in coordination with the
Centers, shall submit to the appropriate committees of
Congress a report describing--
(A) the establishment of the Centers; and
(B) the activities of the Centers since the date on which
the Centers were established.
(2) Annual reports.--Not later than one year after the date
on which the report under paragraph (1) is submitted, and
annually thereafter until the date on which the Centers are
terminated under subsection (f), the Administrator, in
coordination with the Centers, shall submit to the
appropriate committees of Congress a report describing--
(A) the activities of the Centers during the year covered
by the report; and
(B) any policy, research, or funding recommendations
relating to the purposes or activities of the Centers.
(f) Termination.--
(1) In general.--Subject to paragraph (2), the Centers
shall terminate on October 1, 2034.
(2) Extension.--If the Administrator, in consultation with
the Centers, determines that the continued operation of the
Centers beyond the date described in paragraph (1) is
necessary to advance science and technologies to address
perfluoroalkyl or polyfluoroalkyl substance contamination--
(A) the Administrator shall submit to the appropriate
committees of Congress--
(i) a notification of that determination; and
(ii) a description of the funding necessary for the Centers
to continue in operation and fulfill their purpose; and
(B) subject to the availability of funds, may extend the
duration of the Centers for such time as the Administrator
determines to be appropriate.
(g) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated to the Department of Defense for fiscal year
2025 for the Strategic Environmental Research and Development
Program and the Environmental Security Technology
Certification Program of the Department of Defense,
$25,000,000 shall be made available to the Administrator to
carry out this section.
(2) Availability of amounts.--Amounts made available under
paragraph (1) shall remain available to the Administrator for
the purposes specified in that paragraph until September 30,
2033.
(3) Administrative costs.--Not more than four percent of
the amounts made available to the Administrator under
paragraph (1) shall be used for the administrative costs of
carrying out this section.
(h) Definitions.--In this section:
(1) Appropriate committees of congress.--The term the
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate; and
(B) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Eligible research university.--The term ``eligible
research university'' means an institution of higher
education that--
(A) has annual research expenditures of not less than
$750,000,000; and
(B) is located near a population center of not fewer than
5,000,000 individuals.
(4) Eligible rural university.--The term ``eligible rural
university'' means an institution of higher education that
is--
(A) located in one of the five States with the lowest
population density as determined by data from the most recent
census;
(B) a member of the National Security Innovation Network in
the Rocky Mountain Region; and
(C) in proximity to the geographic center of the United
States, as determined by the Administrator.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(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) Perfluoroalkyl or polyfluoroalkyl substance.--The term
``perfluoroalkyl or polyfluoroalkyl substance'' means a
substance that is a perfluoroalkyl substance or a
polyfluoroalkyl substance (as those terms are defined in
section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C.
8931(2)(B))), including a mixture of those substances.
[[Page S5242]]
______
SA 2970. 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 H of title X, insert the following:
SEC. ___. IMPACT AID ELIGIBILITY FOR CERTAIN LOCAL
EDUCATIONAL AGENCIES.
(a) 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''.
(b) Agencies Affected by Privatization or Closure of
Military Housing.--Section 7003(b)(2)(G) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(G))
is amended--
(1) in clause (i), by striking ``clause (iii)'' and
inserting ``clause (iv)'';
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) Special rule.--Notwithstanding any other provision
of this section, a local educational agency that was eligible
for, and received, a basic support payment under this
paragraph for fiscal year 2024 through the application of
clause (i) shall remain eligible for a basic support payment
under this paragraph for fiscal year 2025 and any succeeding
fiscal year. The amount of a payment under this clause shall
be calculated in accordance with clause (ii).''.
(c) Determination of Weighted Student Units for Purposes of
the Federal Impact Aid Program.--Section 7003(a)(2)(C)(ii) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(a)(2)(C)(ii)) is amended by striking ``100,000'' and
inserting ``85,000''.
______
SA 2971. Mr. DURBIN (for himself, Mr. Rounds, 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--Keep STEM Talent Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Keep STEM Talent Act of
2024''.
SEC. 1097. VISA REQUIREMENTS.
(a) Graduate Degree Visa Requirements.--To be approved for
or maintain nonimmigrant status under section 101(a)(15)(F)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)), a student seeking to pursue an advanced
degree in a STEM field (as defined in section
201(b)(1)(F)(ii) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)(F)(ii))) (as amended by section 1098(a) of
this Act) for a degree at the master's level or higher at a
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)) must apply for a nonimmigrant visa and admission, or
must apply to change or extend nonimmigrant status and have
such application approved, prior to beginning such advanced
degree program.
(b) Strengthened Vetting Process.--The Secretary of
Homeland Security and the Secretary of State shall establish
procedures to ensure that aliens described in subsection (a)
are admissible pursuant to section 212(a)(3)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)).
Such procedures shall ensure that such aliens seeking change
or extension of nonimmigrant status from within the United
States undergo verification of academic credentials,
comprehensive background checks, and interviews in a manner
equivalent to that of an alien seeking a nonimmigrant visa
and admission from outside the United States. To the greatest
extent practicable, the Secretary of Homeland Security and
the Secretary of State shall also take steps to ensure that
such applications for a nonimmigrant visa and admission, or
change or extension of nonimmigrant status, are processed in
a timely manner to allow the pursuit of graduate education.
No court shall have jurisdiction to review the denial of an
application for change or extension of nonimmigrant status
filed by an alien described in subsection (a).
(c) Reporting Requirement.--The Secretary of Homeland
Security and the Secretary of State 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 detailing the implementation and
effectiveness of the requirement for foreign graduate
students pursuing advanced degrees in STEM fields to seek a
nonimmigrant visa and admission, or change or extension of
nonimmigrant status, prior to pursuing a graduate degree
program. The report shall include data on visa application
volumes, processing times, security outcomes, and economic
impacts.
SEC. 1098. LAWFUL PERMANENT RESIDENT STATUS FOR CERTAIN
ADVANCED STEM DEGREE HOLDERS.
(a) Aliens Not Subject to Direct Numerical Limitations.--
Section 201(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(1)) is amended by adding at the end the
following:
``(F)(i) Aliens who--
``(I) have earned a degree in a STEM field at the master's
level or higher, while physically present in the United
States from a 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))) accredited by an accrediting entity
recognized by the Department of Education;
``(II) have an offer of employment from, or are employed
by, a United States employer to perform work that is directly
related to such degree at a rate of pay that is higher than
the median wage level for the occupational classification in
the area of employment, as determined by the Secretary of
Labor;
``(III) have an approved labor certification under section
212(a)(5)(A)(i); or
``(IV) are the spouses and children of aliens described in
subclauses (I) through (III) who are accompanying or
following to join such aliens.
``(ii) In this subparagraph, the term `STEM field' means a
field of science, technology, engineering, or mathematics
described in the most recent version of the Classification of
Instructional Programs of the Department of Education
taxonomy under the summary group of--
``(I) computer and information sciences and support
services;
``(II) engineering;
``(III) mathematics and statistics;
``(IV) biological and biomedical sciences;
``(V) physical sciences;
``(VI) agriculture sciences; or
``(VII) natural resources and conservation sciences.
``(iii) The Secretary of Homeland Security has the sole and
unreviewable discretion to determine whether an alien's
degree or degree program is in a STEM field.''.
(b) Procedure for Granting Immigration Status.--Section
204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(F)) is amended--
(1) by striking ``203(b)(2)'' and all that follows through
``Attorney General''; and
(2) by inserting ``203(b)(2), 203(b)(3), or 201(b)(1)(F)
may file a petition with the Secretary of Homeland
Security''.
(c) Labor Certification.--Section 212(a)(5)(D) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(D)) is
amended by inserting ``section 201(b)(1)(F) or under'' after
``adjustment of status under''.
(d) Dual Intent for Nonimmigrants Seeking Advanced Stem
Degrees at United States Institutions of Higher Education.--
Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)
and 1184(b)), an alien who is a bona fide student admitted to
a program in a STEM field (as defined in subparagraph (F)(ii)
of section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1))) for a degree at the master's level or
higher at a 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))) accredited by an accrediting entity
recognized by the Department of Education may obtain a
student visa, be admitted to the United States as a
nonimmigrant student, or extend or change nonimmigrant status
to pursue such degree even if such alien seeks lawful
permanent resident status in the United States. Nothing in
this subsection may be construed to modify or amend section
101(a)(15)(F)(i) or 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F)(i) or 1184(b)), or any
regulation interpreting these authorities for an alien who is
not described in this subsection.
SEC. 1099. RULE OF CONSTRUCTION.
Nothing in this subtitle may 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. 1100. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for
the purpose of carrying out this subtitle.
______
SA 2972. 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__. ESTABLISHMENT OF SKI AREA FEE RETENTION ACCOUNT.
(a) In General.--Section 701 of division I of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C.
497c) is amended by adding at the end the following:
``(k) Ski Area Fee Retention Account.--
``(1) Definitions.--In this subsection:
[[Page S5243]]
``(A) Account.--The term `Account' means the Ski Area Fee
Retention Account established under paragraph (2).
``(B) Covered unit.--The term `covered unit' means the unit
of the National Forest System that collects the ski area
permit rental charge under this section.
``(C) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(2) Establishment.--The Secretary of the Treasury shall
establish a special account in the Treasury, to be known as
the `Ski Area Fee Retention Account'.
``(3) Deposits.--Subject to paragraphs (4) and (5), a ski
area permit rental charge collected by the Secretary under
this section shall--
``(A) be deposited in the Account;
``(B) be available to the Secretary for use, without
further appropriation; and
``(C) remain available for the period of 4 fiscal years
beginning with the first fiscal year after the fiscal year in
which the ski area permit rental charge is deposited in the
Account under subparagraph (A).
``(4) Distribution of amounts in the account.--
``(A) Local distribution of funds.--
``(i) In general.--Except as provided in subparagraph (C),
the Secretary shall expend 80 percent of the ski area permit
rental charges deposited in the Account from a covered unit
at the covered unit in accordance with clause (ii).
``(ii) Distribution.--Of the amounts made available for
expenditure under clause (i)--
``(I) 75 percent shall be used at the covered unit for
activities described in paragraph (5)(A); and
``(II) 25 percent shall be used for activities at the
covered unit described in paragraph (5)(B).
``(B) Agency-wide distribution of funds.--The Secretary
shall expend 20 percent of the ski area permit rental charges
deposited in the Account from a covered unit at any unit of
the National Forest System for an activity described in
subparagraph (A) or (B) of paragraph (5).
``(C) Reduction of percentage.--
``(i) Reduction.--The Secretary shall reduce the percentage
otherwise applicable under subparagraph (A)(i) to not less
than 60 percent if the Secretary determines that the amount
otherwise made available under that subparagraph exceeds the
reasonable needs of the covered unit for which expenditures
may be made in the applicable fiscal year.
``(ii) Distribution of funds.--The balance of the ski area
permit rental charges that are collected at a covered unit,
deposited into the Account, and not distributed in accordance
with subparagraph (A) or (B) shall be available to the
Secretary for expenditure at any other unit of the National
Forest System in accordance with the following:
``(I) 75 percent shall be used for activities described in
paragraph (5)(A).
``(II) 25 percent shall be used for activities described in
paragraph (5)(B).
``(5) Expenditures.--Amounts available to the Secretary for
expenditure from the Account shall be only used for--
``(A)(i) the administration of the Forest Service ski area
program, including--
``(I) the processing of an application for a new ski area
or a ski area improvement project, including staffing and
contracting for the processing; and
``(II) administering a ski area permit described in
subsection (a);
``(ii) staff training for--
``(I) the processing of an application for--
``(aa) a new ski area;
``(bb) a ski area improvement project; or
``(cc) a special use permit; or
``(II) administering--
``(aa) a ski area permit described in subsection (a); or
``(bb) a special use permit;
``(iii) an interpretation activity, National Forest System
visitor information, a visitor service, or signage;
``(iv) direct costs associated with collecting a ski area
permit rental charge or other fee collected by the Secretary
related to recreation;
``(v) planning for, or coordinating to respond to, a
wildfire in or adjacent to a recreation site, particularly a
ski area; or
``(vi) reducing the likelihood of a wildfire starting, or
the risks posed by a wildfire, in or adjacent to a recreation
site, particularly a ski area, except through hazardous fuels
reduction activities; or
``(B)(i) the repair, maintenance, or enhancement of a
Forest Service-owned facility, road, or trail directly
related to visitor enjoyment, visitor access, or visitor
health or safety;
``(ii) habitat restoration directly related to recreation;
``(iii) law enforcement related to public use and
recreation;
``(iv) the construction or expansion of parking areas;
``(v) the processing or administering of a recreation
special use permit;
``(vi) avalanche information and education activities
carried out by the Secretary or nonprofit partners;
``(vii) search and rescue activities carried out by the
Secretary, a local government, or a nonprofit partner; or
``(viii) the administration of leases under--
``(I) the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-
54); and
``(II) section 8623 of the Agriculture Improvement Act of
2018 (16 U.S.C. 580d note; Public Law 115-334).
``(6) Limitation.--Amounts in the Account may not be used
for--
``(A) the conduct of wildfire suppression; or
``(B) the acquisition of land for inclusion in the National
Forest System.
``(7) Effect.--
``(A) In general.--Nothing in this subsection affects the
applicability of section 7 of the Act of April 24, 1950
(commonly known as the `Granger-Thye Act') (16 U.S.C. 580d),
to ski areas on National Forest System land.
``(B) Supplemental funding.--Rental charges retained and
expended under this subsection shall supplement (and not
supplant) appropriated funding for the operation and
maintenance of each covered unit.
``(C) Cost recovery.--Nothing in this subsection affects
any cost recovery under any provision of law (including
regulations) for processing an application for or monitoring
compliance with a ski area permit or other recreation special
use permit.''.
(b) Effective Date.--This section (including the amendments
made by this section) shall take effect on the date that is
60 days after the date of enactment of this Act.
______
SA 2973. 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, insert the following:
SEC. __. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 104--NATIONAL DIGITAL RESERVE CORPS
``10401. Definitions.
``10402. Establishment.
``10403. Organization.
``10404. Assignments.
``10405. Reservist continuing education.
``10406. Congressional reports.
``10407. Construction.
``Sec. 10401. Definitions
``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist holding a position to which the reservist has
been appointed under section 10403(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(3) Covered executive agency.--The term `covered
Executive agency' means an Executive agency, except that such
term includes the United States Postal Service, the Postal
Regulatory Commission, and the Executive Office of the
President.
``(4) Program.--The term `Program' means the program
established under section 10402(a).
``(5) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.
``Sec. 10402. Establishment
``(a) Establishment.--There is established in the General
Services Administration a program to establish, recruit,
manage, and assign a reserve of individuals with relevant
skills and credentials, to be known as the `National Digital
Reserve Corps', to help address the digital and cybersecurity
needs of covered Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than 180 days after the date of
enactment of this section, the Administrator, in consultation
with the Director of the Office of Personnel Management,
shall issue guidance for the National Digital Reserve Corps,
which shall include procedures for coordinating with covered
Executive agencies to--
``(A) identify digital and cybersecurity needs that may be
addressed by the National Digital Reserve Corps; and
``(B) assign active reservists to address the needs
described in subparagraph (A).
``(2) Recruitment and initial assignments.--Not later than
1 year after the date of enactment of this section, the
Administrator shall begin recruiting reservists and assigning
active reservists under the Program.
``Sec. 10403. Organization
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a reservist,
including educational attainment, professional
qualifications, and background checks in accordance with
existing Federal guidance;
``(B) ensure the standards established under subparagraph
(A) are met;
``(C) recruit individuals to the National Digital Reserve
Corps;
``(D) activate and deactivate reservists as necessary;
``(E) coordinate with covered Executive agencies to--
``(i) determine the digital and cybersecurity needs that
reservists shall be assigned to address;
[[Page S5244]]
``(ii) ensure active reservists have the access, resources,
and equipment required to address the digital and
cybersecurity needs that the reservists are assigned to
address; and
``(iii) analyze potential assignments for reservists to
determine outcomes, develop anticipated assignment timelines,
and identify covered Executive agency partners;
``(F) ensure that reservists acquire and maintain
appropriate security clearances; and
``(G) determine what additional resources, if any, are
required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a reservist
only if that individual enters into a written agreement with
the Administrator to become a reservist.
``(B) Contests.--An agreement described in subparagraph (A)
shall--
``(i) require the individual seeking to become a reservist
to serve as a reservist for a 3-year period, during which
that individual shall serve not less than 30 days per year as
an active reservist; and
``(ii) set forth all other the rights and obligations of
the individual and the General Services Administration.
``(2) Compensation.--The Administrator shall determine the
appropriate compensation for service as a reservist, except
that the annual pay for that service shall not exceed
$10,000.
``(3) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and nondiscrimination
in reemployment of active reservists, provided that those
regulations shall include, at a minimum, the rights and
obligations set forth under chapter 43 of title 38.
``(4) Penalties.--
``(A) In general.--A reservist that fails to accept an
appointment under subsection (c)(2), or fails to carry out
the duties assigned to a reservist under such an appointment,
shall, after notice and an opportunity to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to the sum of--
``(I) an amount equal to the amounts, if any, paid under
section 10405 with respect to that reservist; and
``(II) the difference between the amount of compensation
that reservist would have received if the reservist completed
the entire term of service as a reservist agreed to in the
agreement described in paragraph (1) and the amount of
compensation that reservist has received under that
agreement.
``(B) Exception.--
``(i) In general.--Subparagraph (A) shall not apply with
respect to a failure of a reservist to accept an appointment
under subsection (c)(2), or to carry out the duties assigned
to the reservist under such an appointment, if--
``(I) the failure was due to the death or disability of
that reservist; or
``(II) the Administrator, in consultation with the head of
the relevant covered Executive agency, determines that
subparagraph (A) should not apply with respect to the
failure.
``(ii) Relevant covered executive agency defined.--In this
subparagraph, the term `relevant covered Executive agency'
means--
``(I) in the case of a reservist failing to accept an
appointment under subsection (c)(2), the covered Executive
agency to which that reservist would have been appointed; and
``(II) in the case of a reservist failing to carry out the
duties assigned to that reservist under such an appointment,
the covered Executive agency to which that reservist was
appointed.
``(c) Appointment Authority.--
``(1) Corps leadership.--The Administrator may appoint
qualified candidates to positions in the competitive service
in the General Service Administration for which the primary
duties are related to the management or administration of the
National Digital Reserve Corps, as determined by the
Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint qualified
reservists to temporary positions in the competitive service
for the purpose of assigning those reservists under section
10404 and to otherwise carry out the National Digital Reserve
Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator may not appoint an
individual under this paragraph if, during the 365-day period
ending on the date of that appointment, that individual has
been an officer or employee of the executive or legislative
branch of the United States Government, of any independent
agency of the United States, or of the District of Columbia
for not less than 130 days.
``(ii) Automatic appointment termination.--The appointment
of an individual under this paragraph shall terminate upon
that individual being employed as an officer or employee of
the executive or legislative branch of the United States
Government, of any independent agency of the United States,
or of the District of Columbia for 130 days during the
previous 365 days.
``(C) Employee status.--An individual appointed under this
paragraph shall be considered a special Government employee
(as that term is defined in section 202(a) of title 18).
``(D) Conflict of interest.--An individual appointed under
this section shall not, as an active reservist, have access
to proprietary or confidential information that is of
commercial value to any private entity or individual
employing that appointee.
``(E) Additional employees.--An individual appointed under
this paragraph shall be in addition to any employees of the
General Services Administration, the duties of whom relate to
the digital or cybersecurity needs of the General Services
Administration.
``Sec. 10404. Assignments
``(a) In General.--The Administrator may assign active
reservists to address the digital and cybersecurity needs of
covered Executive agencies, including cybersecurity services,
digital education and training, data triage, acquisition
assistance, guidance on digital projects, development of
technical solutions, and bridging public needs and private
sector capabilities.
``(b) Assignment-Specific Access, Resources, Supplies, or
Equipment.--The head of a covered Executive agency shall, to
the extent practicable, provide each active reservist
assigned to address a digital or cybersecurity need of that
covered Executive agency under subsection (a) with any
specialized access, resources, supplies, or equipment
required to address that digital or cybersecurity need.
``(c) Duration.--The assignment of an individual under
subsection (a) shall terminate on the earliest of the
following:
``(1) A date determined by the Administrator.
``(2) The date on which the Administrator receives
notification of the decision of the head of the covered
Executive agency, the digital or cybersecurity needs of which
that individual is assigned to address under subsection (a),
that the assignment should terminate.
``(3) The date on which the assigned individual ceases to
be an active reservist.
``Sec. 10405. Reservist continuing education
``(a) In General.--Subject to the availability of
appropriations, the Administrator may pay for reservists to
acquire training and receive continuing education related to
the duties assigned to those reservists pursuant to
appointments under section 10403(c)(2), including attending
conferences and seminars and obtaining certifications, that
will enable reservists to more effectively meet the digital
and cybersecurity needs of covered Executive agencies.
``(b) Application.--The Administrator shall establish a
process for reservists to apply for the payment of reasonable
expenses relating to the training or continuing education
described in subsection (a).
``(c) Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report on the
expenditures under this section.
``Sec. 10406. Congressional reports
``Not later than 2 years after the date of enactment of
this section, and annually thereafter, the Administrator
shall submit to Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of covered Executive agencies that have
submitted requests for support from the National Digital
Reserve Corps;
``(3) the nature and status of the requests described in
paragraph (2); and
``(4) with respect to each request described in paragraph
for which active reservists have been assigned, and for which
work by the National Digital Reserve Corps has concluded, an
evaluation of that work and the results of that work by--
``(A) the covered Executive agency that submitted the
request; and
``(B) the reservists assigned to that request.
``Sec. 10407. Construction
``Nothing in this chapter may be construed to abrogate or
otherwise affect the authorities or the responsibilities of
the head of any other Executive agency.''.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by inserting after
the item related to chapter 103 the following:
``104. National Digital Reserve Corps.........................10401....
''.
(c) Authorization of Appropriations.--There is authorized
to be appropriated $30,000,000, to remain available until
fiscal year 2026, to carry out the program established under
section 10402(a) of title 5, United States Code, as added by
this section.
(d) Transition Assistance Program.--Section 1142(b)(3) of
title 10, United States Code, is amended by inserting ``and
the National Digital Reserve Corps'' after ``Selected
Reserve''.
(e) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amounts authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, for administration and service-wide activities,
Office of the Secretary of Defense, Line 470, as specified in
the corresponding funding table in section 4301, is hereby
reduced by $30,000,000.
______
SA 2974. Ms. ERNST (for herself, Mr. Blumenthal, Mrs. Gillibrand, and
Mr. Cotton) submitted an amendment intended to be proposed by her to
the bill S. 4638, to authorize appropriations for
[[Page S5245]]
fiscal year 2025 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military 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) Annual Report and Briefing.--Not later than one year
after the date of the enactment of this Act and not less
frequently than once each year thereafter until the date that
is four years after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of
Representatives an annual report and provide to such
committees an annual briefing on the administration of
section 7377 of title 10, United States Code, as amended by
subsection (a).
(c) 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.''.
(d) Sunset and Snapback.--On the date that is four years
after the date of the enactment of this Act--
(1) subsection (b) of section 7377 of title 10, United
States Code, is amended to read as it read on the day before
the date of the enactment of this Act;
(2) the section heading for such section is amended to read
as it read on the day before the date of the enactment of
this Act; and
(3) the item for such section in the table of sections at
the beginning of chapter 747 of such title is amended to read
as it read on the day before the date of the enactment of
this Act.
______
SA 2975. Ms. ERNST (for herself and 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 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 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; and
(B) as part of the post-deployment health assessment of
such members;
(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 2976. Ms. ERNST 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 XII, add the following:
Subtitle G--Iran Sanctions
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Preventing Underhanded
and Nefarious Iranian Supported Homicides Act of 2024'' or
the ``PUNISH Act of 2024''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) Covered executive order.--The term ``covered Executive
order'' means any of the following:
(A) Executive Order 13871 (50 U.S.C. 1701 note; relating to
imposing sanctions with respect to the iron, steel, aluminum,
and copper sectors of Iran), as in effect on May 10, 2019.
(B) Executive Order 13876 (50 U.S.C. 1701 note; relating to
imposing sanctions with respect to Iran), as in effect on
June 24, 2019.
(C) Executive Order 13902 (50 U.S.C. 1701 note; relating to
imposing sanctions with respect to additional sectors of
Iran), as in effect on January 10, 2020.
(D) Executive Order 13949 (50 U.S.C. 1701 note; relating to
blocking property of certain persons with respect to the
conventional arms activities of Iran), as in effect on
September 21, 2020.
(3) Covered provision of law.--The term ``covered provision
of law'' means any of the following:
(A) This subtitle.
(B) Each covered Executive order.
(C) The Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note).
(D) The Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8501 et seq.).
(E) Section 1245 of the National Defense Authorization Act
for Fiscal Year 2012 (22 U.S.C. 8513a).
(F) The Iran Threat Reduction and Syria Human Rights Act of
2012 (22 U.S.C. 8701 et seq.).
(G) The Iran Freedom and Counter-Proliferation Act of 2012
(22 U.S.C. 8801 et seq.).
(H) Title I of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9401 et seq.).
(I) The International Emergency Economic Powers Act (50
U.S.C. 1701 et seq).
(4) Government of iran.--The term ``Government of Iran''
includes--
(A) any agency or instrumentality of the Government of
Iran; and
(B) any person owned or controlled by that Government.
SEC. 1293. CONTINUATION IN EFFECT OF CERTAIN EXECUTIVE ORDERS
IMPOSING SANCTIONS WITH RESPECT TO IRAN.
(a) In General.--Each covered Executive order shall remain
in effect and continue to apply, and may not be modified,
until the termination date described in section 1299A.
(b) Continuation in Effect of Sanctions Designations.--With
respect to each person designated for the imposition of
sanctions pursuant to a covered Executive order before the
date of the enactment of this Act, the designation of the
person, and sanctions applicable to the person pursuant to
the designation, shall remain in effect and continue to
apply, and may not be modified, until the termination date
described in section 1299A.
(c) Publication.--In publishing this subtitle in slip form
and in the United States Statutes at Large pursuant to
section 112 of title 1, United States Code, the Archivist of
the United States shall include at the end an appendix
setting forth the text of each covered Executive order.
[[Page S5246]]
SEC. 1294. CONTINUATION IN EFFECT OF NATIONAL EMERGENCIES
DECLARED WITH RESPECT TO IRAN.
(a) In General.--Notwithstanding subsection (a)(2) or (d)
of section 202 of the National Emergencies Act (50 U.S.C.
1622), the national emergencies specified in subsection (b)
shall remain in effect and continue to apply, and may not be
modified, until the termination date described in section
1299A.
(b) National Emergencies Specified.--The national
emergencies specified in this subsection are the following
national emergencies declared with respect to Iran:
(1) The national emergency declared by Executive Order
12170 (50 U.S.C. 1701 note; relating to blocking Iranian
Government property) and most recently continued by the
Notice of the President issued November 8, 2022 (87 Fed. Reg.
68,013).
(2) The national emergency declared by Executive Order
12957 (50 U.S.C. 1701 note; relating to prohibiting certain
transactions with respect to the development of Iranian
petroleum resources) and most recently continued by the
Notice of the President issued March 10, 2023 (88 Fed. Reg.
15,595).
SEC. 1295. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT
TO THE CENTRAL BANK OF IRAN, THE NATIONAL
DEVELOPMENT FUND OF IRAN, THE ETEMAD TEJARTE
PARS COMPANY, THE NATIONAL IRANIAN OIL COMPANY,
AND THE NATIONAL IRANIAN TANKER COMPANY UNDER
EXECUTIVE ORDER 13224.
With respect to each Iranian person designated on January
1, 2021, for the imposition of sanctions 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), as in
effect on September 9, 2019, the designation of the person,
and sanctions applicable to the person pursuant to the
designation, shall remain in effect and continue to apply,
and may not be modified, until the termination date described
in section 1299A.
SEC. 1296. CONTINUATION IN EFFECT OF FOREIGN TERRORIST
ORGANIZATION DESIGNATION OF THE ISLAMIC
REVOLUTIONARY GUARD CORPS.
The designation of the Islamic Revolutionary Guard Corps as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), and
sanctions applicable to the Islamic Revolutionary Guard Corps
pursuant to that designation, shall remain in effect and
continue to apply, and may not be modified, until the
termination date described in section 1299A.
SEC. 1297. PROHIBITION ON SANCTIONS RELIEF FOR IRANIAN
FINANCIAL INSTITUTIONS, INCLUDING WITH RESPECT
TO PETROLEUM PURCHASES FROM IRAN.
Section 1245(d) of the National Defense Authorization Act
for Fiscal Year 2012 (22 U.S.C. 8513a(d)) is amended by
striking paragraph (4) and inserting the following:
``(4) Limitation on authority.--The President may not
exercise the authority under paragraph (5) to waive the
imposition of sanctions under paragraph (1), or issue any
license to authorize the purchase of petroleum or petroleum
products from Iran, unless the determination set forth in the
most recent report submitted under subsection (a) of section
1299 of the Preventing Underhanded and Nefarious Iranian
Supported Homicides Act of 2024 was a determination that the
Government of Iran has not engaged in any of activities
described in subsection (b) of that section during the 5-year
period preceding submission of the report.''.
SEC. 1298. LIMITATION ON WAIVER, SUSPENSION, OR REDUCTION OF
SANCTIONS WITH RESPECT TO IRAN.
The President may not waive, suspend, reduce, provide
relief from, or otherwise limit the application of sanctions
imposed pursuant to any covered provision of law unless, in
addition to the requirements for a waiver under that
provision of law, the determination set forth in the most
recent report submitted under subsection (a) of section 1299
was a determination that the Government of Iran has not
engaged in any of activities described in subsection (b) of
that section during the 5-year period preceding submission of
the report.
SEC. 1299. DETERMINATION ON THE CESSATION OF IRANIAN-
SPONSORED ASSASSINATIONS OR ATTEMPTED
ASSASSINATIONS OF UNITED STATES CITIZENS AND
IRANIAN RESIDENTS OF THE UNITED STATES.
(a) Determination Required.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days
thereafter, the Secretary of State, in consultation with the
Secretary of Defense, the Director of National Intelligence,
and the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report setting forth a
determination of whether the Government of Iran or any
foreign person (including any foreign financial institution)
has directly or indirectly ordered, controlled, directed, or
otherwise supported (including through the use of Iranian
agents or affiliates of the Government of Iran, including
Hezbollah, Hamas, Kata'ib Hezbollah, Palestinian Islamic
Jihad, or any other entity determined to be such an agent or
affiliate) any of the activities described in subsection (b)
during the 5-year period preceding submission of the report.
(b) Activities Described.--The activities described in this
subsection are--
(1) the murder, attempted murder, assault, or other use or
threat to use violence against--
(A) any current or former official of the Government of the
United States, wherever located;
(B) any United States citizen or alien lawfully admitted
for permanent residence in the United States, wherever
located; or
(C) any Iranian national residing in the United States; or
(2) the politically motivated intimidation, abuse,
extortion, or detention or trial--
(A) in Iran, of a United States citizen or alien lawfully
admitted for permanent residence in the United States; or
(B) outside of Iran, of an Iranian national or resident or
individual of Iranian origin.
SEC. 1299A. TERMINATION DATE.
The termination date described in this section is the date
that is 30 days after the date on which the President submits
to Congress the certification described in section 401(a) of
the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8551(a)).
______
SA 2977. Ms. ERNST 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 XII, add the following:
Subtitle G--Iran Sanctions Enforcement
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Iranian Sanctions
Enforcement Act of 2024''.
SEC. 1292. IRAN SANCTIONS ENFORCEMENT FUND.
(a) In General.--Not later than 15 days after the date of
the enactment of this Act, there shall be established in the
Treasury of the United States a fund, to be known as the
``Iran Sanctions Enforcement Fund'' (in this section referred
to as the ``Fund''), to pay expenses relating to seizures and
forfeitures of property made with respect to violations by
Iran or a covered Iranian proxy of sanctions imposed by the
United States.
(b) Designation of Administrator.--Not later than 15 days
after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary of the
Treasury, shall appoint an administrator for the Fund (in
this section referred to as the ``Administrator'').
(c) Expenditures From the Fund.--
(1) In general.--The Administrator may authorize amounts
from the Fund to be used, without further appropriation or
fiscal year limitation, for payment of all proper expenses
relating to a covered seizure or forfeiture, including the
following:
(A) Investigative costs incurred by a law enforcement
agency of the Department of Homeland Security or the
Department of Justice.
(B) Expenses of detention, inventory, security,
maintenance, advertisement, or disposal of the property
seized or forfeited, and if condemned by a court and a bond
for such costs was not given, the costs as taxed by the
court.
(C) Costs of--
(i) contract services relating to a covered seizure or
forfeiture;
(ii) the employment of outside contractors to operate and
manage properties seized or forfeited or to provide other
specialized services necessary to dispose of such properties
in an effort to maximize the return from such properties; and
(iii) reimbursing any Federal, State, or local agency for
any expenditures made to perform the functions described in
this subparagraph.
(D) Payments to reimburse any covered Federal agency for
investigative costs incurred leading to a covered seizure or
forfeiture.
(E) Payments for contracting for the services of experts
and consultants needed by the Department of Homeland Security
or the Department of Justice to assist in carrying out duties
related to a covered seizure or forfeiture.
(F) Awards of compensation to informers for assistance
provided with respect to a violation by Iran or a covered
Iranian proxy of sanctions imposed by the United States that
leads to a covered seizure or forfeiture.
(G) Equitable sharing payments made to other Federal
agencies, State and local law enforcement agencies, and
foreign governments for expenses incurred with respect to a
covered seizure or forfeiture.
(H) Payment of overtime pay, salaries, travel, fuel,
training, equipment, and other similar expenses of State or
local law enforcement officers that are incurred in joint law
enforcement operations with a covered Federal agency relating
to covered seizure or forfeiture.
(2) Authorization of use of fund for additional purposes.--
The Secretary of Homeland Security may direct the
Administrator to authorize the use of amounts in the Fund for
the following:
(A) Payment of awards for information or assistance leading
to a civil or criminal forfeiture made with respect to a
violation by Iran or a covered Iranian proxy of sanctions
imposed by the United States and involving any covered
Federal agency.
(B) Purchases of evidence or information by a covered
Federal agency with respect to a violation by Iran or a
covered Iranian proxy of sanctions imposed by the United
[[Page S5247]]
States that leads to a covered seizure or forfeiture.
(C) Payment for equipment for any vessel, vehicle, or
aircraft available for official use by a covered Federal
agency to enable the vessel, vehicle, or aircraft to assist
in law enforcement functions relating to a covered seizure or
forfeiture, and for other equipment directly related to a
covered seizure or forfeiture, including laboratory
equipment, protective equipment, communications equipment,
and the operation and maintenance costs of such equipment.
(D) Payment for equipment for any vessel, vehicle, or
aircraft for official use by a State or local law enforcement
agency to enable the vessel, vehicle, or aircraft to assist
in law enforcement functions relating to a covered seizure or
forfeiture if the vessel, vehicle, or aircraft will be used
in joint law enforcement operations with a covered Federal
agency.
(E) Reimbursement of individuals or organizations for
expenses incurred by such individuals or organizations in
cooperating with a covered Federal agency in investigations
and undercover law enforcement operations relating to a
covered seizure or forfeiture.
(3) Prioritization of activities within the fund.--In
allocating amounts from the Fund for the purposes described
in paragraphs (1) and (2), the Administrator shall prioritize
activities that result in the seizure and forfeiture of oil
or petroleum products or other commodities or methods of
exchange that fund the efforts of Iran or covered Iranian
proxies to carry out acts of international terrorism or
otherwise kill United States citizens.
(d) Management of Fund.--The Fund shall be managed and
invested in the same manner as a trust fund is managed and
invested under section 9602 of the Internal Revenue Code of
1986.
(e) Funding.--
(1) Initial funding.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $150,000,000 for fiscal year
2024, to remain available until expended.
(B) Repayment of initial funding.--
(i) In general.--Not later than September 30, 2034, the
Administrator shall transfer from the Fund into the general
fund of the Treasury an amount equal to $150,000,000, as
adjusted pursuant to paragraph (4).
(ii) Rule of construction.--The repayment of amounts under
clause (i) shall not be construed as a termination of the
authority for operation of the Fund.
(2) Continued operation and funding.--
(A) In general.--Subject to subparagraph (B), the net
proceeds from the sale of property, forfeited or paid to the
United States, arising from a violation by Iran or a covered
Iranian proxy of sanctions imposed by the United States,
shall be deposited or transferred into the Fund.
(B) Transfer of proceeds after deposits into the justice
for united states victims of state sponsored terrorism act.--
The deposit or transfer of any net proceeds to the Fund under
subparagraph (A) shall occur after the deposit or transfer of
net proceeds into the United States Victims of State
Sponsored Terrorism Fund as required by subsection
(e)(2)(A)(ii) of the Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144).
(3) Maximum end-of-year balance.--
(A) In general.--If, at the end of a fiscal year, the
amount in the Fund exceeds the amount specified in
subparagraph (B), the Administrator shall transfer the amount
in excess of the amount specified in subparagraph (B) to the
general fund of the Treasury for the payment of the public
debt of the United States.
(B) Amount specified.--The amount specified in this
subparagraph is--
(i) in fiscal year 2024, $500,000,000; and
(ii) in any fiscal year thereafter, $500,000,000, as
adjusted pursuant to paragraph (4).
(4) Adjustments for inflation.--
(A) In general.--The amounts described in paragraphs
(1)(B)(i) and (3)(B)(ii) shall be adjusted, at the beginning
of each of fiscal years 2025 through 2034, 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 2023.
(B) Consumer price index defined.--In this paragraph, 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.
(f) Prohibition on Transfer of Funds.--
(1) In general.--Any expenditure of amounts in the Fund, or
transfer of amounts from the Fund, not authorized by this
section is prohibited.
(2) Acts by congress.--Any Act of Congress to remove money
from the Fund shall be reported in the Federal Register not
later than 10 days after the enactment of the Act.
(g) Report.--Not later than September 1, 2024, and annually
thereafter through September 1, 2034, the Secretary of
Homeland Security, with the concurrence of the Secretary of
the Treasury, shall submit to the appropriate congressional
committees a report on--
(1) all activities supported by the Fund during the fiscal
year during which the report is submitted and the preceding
fiscal year;
(2) a list of each covered seizure or forfeiture supported
by the Fund during those fiscal years and, with respect to
each such seizure or forfeiture--
(A) the goods seized;
(B) the current status of the forfeiture of the goods;
(C) an assessment of the impact on the national security of
the United States of the seizure or forfeiture, including the
estimated loss of revenue to the person from which the goods
were seized; and
(D) any anticipated response or outcome of the seizure or
forfeiture;
(3) the financial health and financial data of the Fund as
of the date of the report;
(4) the amount transferred to the general fund of the
Treasury under subsection (e) or (h);
(5)(A) the amount paid to informants for information or
evidence under subsection (c);
(B) whether the information or evidence led to a seizure;
and
(C) if so, the cost of the goods seized;
(6) the amount remaining to be transferred under subsection
(e)(3) and an estimated timeline for transferring the full
amount required by that subsection; and
(7)(A) any instances during the fiscal years covered by the
report of a covered seizure or forfeiture if, after amounts
were expended from the Fund to support the seizure or
forfeiture, the seizure or forfeiture did not occur as a
result of a policy decision made by the Secretary of Homeland
Security, the President, or any other official of the United
States; and
(B) a description of the costs incurred and reasons the
seizure or forfeiture did not occur.
(h) Failure To Report or Utilize the Fund.--
(1) Effect of failure to submit report.--If a report
required by subsection (g) is not submitted to the
appropriate congressional committees by the date that is 180
days after the report is due under subsection (g), the
Administrator shall transfer an amount equal to 5 percent of
the amounts in the Fund to the general fund of the Treasury
for the payment of the public debt of the United States. For
each 90-day period thereafter during which the report is not
submitted, the Administrator shall transfer an additional
amount, equal to 5 percent of the amounts in the Fund, to the
general fund of the Treasury for that purpose.
(2) Effect of failure to use fund.--If a report submitted
under subsection (g) indicates that amounts in the Fund have
not been used for any seizure or forfeiture activity during
the fiscal years covered by the report, the Fund shall be
terminated and any amounts in the Fund shall transferred to
the general fund of the Treasury for the payment of the
public debt of the United States.
(3) Waiver of termination of fund for national security
purposes.--
(A) In general.--If the President determines that it is in
the national security interests of the United States not to
terminate the Fund as required by paragraph (2), the
President may waive the requirement to terminate the Fund.
(B) Report required.--If the President exercises the waiver
authority under subparagraph (A), the President shall submit
to the appropriate congressional committees a report
describing the factors considered in determining that it is
in the national security interests of the United States not
to terminate the Fund.
(C) Form.--The report required by subparagraph (B) shall be
submitted in unclassified form, but may include a classified
annex.
(i) Rule of Construction.--Nothing in this section may be
construed to affect the requirements of subsection (e) of the
Justice for United States Victims of State Sponsored
Terrorism Act (34 U.S.C. 20144(e)) or the operation of the
United States Victims of State Sponsored Terrorism Fund under
that subsection.
(j) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Financial Services and the Committee
on Homeland Security of the House of Representatives.
(2) Covered federal agency.--The term ``covered Federal
agency'' means any Federal agency specified in section
1293(b).
(3) Covered iranian proxy.--The term ``covered Iranian
proxy'' means a violent extremist organization or other
organization that works on behalf of or receives financial or
material support from Iran, including--
(A) the Iranian Revolutionary Guard Corps-Quds Force;
(B) Hamas;
(C) Palestinian Islamic Jihad;
(D) Hezbollah;
(E) Ansar Allah (the Houthis); and
(F) Iranian-sponsored militias in Iraq and Syria.
(4) Covered seizure or forfeiture.--The term ``covered
seizure or forfeiture'' means a seizure or forfeiture of
property made with respect to a violation by Iran or a
covered Iranian proxy of sanctions imposed by the United
States.
SEC. 1293. ESTABLISHMENT OF EXPORT ENFORCEMENT COORDINATION
CENTER.
(a) Establishment.--The Secretary of Homeland Security
shall operate and maintain, within Homeland Security
Investigations, the Export Enforcement Coordination Center,
as established by Executive Order
[[Page S5248]]
13558 (50 U.S.C. 4601 note) (in this section referred to as
the ``Center'').
(b) Purposes.--The Center shall serve as the primary center
for Federal Government export enforcement efforts among the
following agencies:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of Energy.
(7) The Department of Homeland Security.
(8) The Office of the Director of National Intelligence.
(9) Such other agencies as the President may designate.
(c) Coordination Authority.--The Center shall--
(1) serve as a conduit between Federal law enforcement
agencies and the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))) for the exchange of information related to
potential violations of United States export controls;
(2) serve as a primary point of contact between enforcement
authorities and agencies engaged in export licensing;
(3) coordinate law enforcement public outreach activities
related to United States export controls;
(4) serve as the primary deconfliction and support center
to assist law enforcement agencies to coordinate and enhance
investigations with respect to export control violations;
(5) establish integrated, governmentwide statistical
tracking and targeting capabilities to support export
enforcement; and
(6) carry out additional duties as assigned by the
Secretary of Homeland Security regarding the enforcement of
United States export control laws.
(d) Administration.--The Executive Associate Director of
Homeland Security Investigations shall--
(1) serve as the administrator of the Center; and
(2) maintain documentation that describes the participants
in, funding of, core functions of, and personnel assigned to,
the Center.
(e) Director; Deputy Directors.--
(1) Director.--The Center shall have a Director, who shall
be--
(A) a member of the Senior Executive Service (as defined in
section 2101a of title 5, United States Code) and a special
agent within Homeland Security Investigations; and
(B) designated by the Secretary of Homeland Security.
(2) Deputy directors.--The Center shall have 2 Deputy
Directors, as follows:
(A) One Deputy Director, who shall be--
(i) a full-time employee of the Department of Commerce; and
(ii) appointed by the Secretary of Commerce.
(B) One Deputy Director, who shall be--
(i) a full-time employee of the Department of Justice; and
(ii) appointed by the Attorney General.
(f) Liaisons From Other Agencies.--
(1) Intelligence community liaison.--An intelligence
community liaison shall be detailed to the Center. The
liaison shall be--
(A) a full-time employee of an element of the intelligence
community; and
(B) designated by the Director of National Intelligence.
(2) Liaisons from other agencies.--
(A) In general.--A liaison shall be detailed to the Center
by each agency specified in subparagraph (B). Such liaisons
shall be special agents, officers, intelligence analysts, or
intelligence officers, as appropriate.
(B) Agencies specified.--The agencies specified in this
subparagraph are the following:
(i) Homeland Security Investigations.
(ii) U.S. Customs and Border Protection.
(iii) The Office of Export Enforcement of the Bureau of
Industry and Security of the Department of Commerce.
(iv) The Federal Bureau of Investigation.
(v) The Defense Criminal Investigative Service.
(vi) The Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(vii) The National Counterintelligence and Security Center
of the Office of the Director of National Intelligence.
(viii) The Department of Energy.
(ix) The Office of Foreign Assets Control of the Department
of the Treasury.
(x) The Directorate of Defense Trade Controls of the
Department of State.
(xi) The Office of Export Administration of the Bureau of
Industry and Security.
(xii) The Office of Enforcement Analysis of the Bureau of
Industry and Security.
(xiii) The Office of Special Investigations of the Air
Force.
(xiv) The Criminal Investigation Division of the Army.
(xv) The Naval Criminal Investigative Service.
(xvi) The Defense Intelligence Agency.
(xvii) The Defense Counterintelligence and Security Agency.
(xviii) Any other agency, at the request of the Secretary
of Homeland Security.
______
SA 2978. 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 end of subtitle H of title X, add the following:
SEC. 1095. GOVERNING ETHICAL AI USE AND INNOVATION FOR HEALTH
CARE DEVELOPMENT.
(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 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 health care
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 Biomedical 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 health-related research
purposes in accordance with section 3023(a)(1) of the Public
Health Service Act; and
``(ii) in the case where the individual grants permission
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:
[[Page S5249]]
``(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 health-
related 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).''.
______
SA 2979. Mr. WICKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military 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 _____--VIEQUES RECOVERY AND REDEVELOPMENT
SEC. ___01. SHORT TITLE.
This division may be cited as the ``Vieques Recovery and
Redevelopment Act''.
SEC. ___02. FINDINGS.
The Congress finds the following:
(1) Vieques is an island municipality of Puerto Rico,
measuring approximately 21 miles long by 4 miles wide, and
located approximately 8 miles east of the main island of
Puerto Rico.
(2) Prior to Hurricane Maria, residents of Vieques were
served by an urgent medical care facility, the Susana Centeno
Family Health Center, and residents had to travel off-island
to obtain medical services, including most types of emergency
care because the facility did not have the basic use of x-ray
machines, CT machines, EKG machines, ultrasounds, or PET
scans.
(3) The predominant means of transporting passengers and
goods between Vieques and the main island of Puerto Rico is
by ferry boat service, and over the years, the efficiency of
this service has frequently been disrupted, unreliable, and
difficult for cancer patients to endure to receive treatment.
Each trip to Ceiba, Puerto Rico, for the cancer patient is an
additional out-of-pocket expense ranging from $120 to $200.
(4) The United States Military maintained a presence on the
eastern and western portions of Vieques for close to 60
years, and used parts of the island as a training range
during those years, dropping over 80 million tons of ordnance
and other weaponry available to the United States military
since World War II.
(5) The unintended, unknown, and unavoidable consequences
of these exercises were to expose Americans living on the
islands to the residue of that weaponry which includes heavy
metals and many other chemicals now known to harm human
health.
(6) According to Government and independent documentation,
the island of Vieques has high levels of heavy metals and has
been exposed to chemical weapons and toxic chemicals. Since
the military activity in Vieques, island residents have
suffered from the health impacts from long-term exposure to
environmental contamination as a result of 62 years of
military operations, and have experienced higher rates of
certain diseases among residents, including cancer,
cirrhosis, hypertension, diabetes, heavy metal diseases,
along with many unnamed and uncategorized illnesses. These
toxic residues have caused the American residents of Vieques
to develop illnesses due to ongoing exposure.
(7) In 2017, Vieques was hit by Hurricane Maria, an
unusually destructive storm that devastated Puerto Rico and
intensified the existing humanitarian crisis on the island by
destroying existing medical facilities.
(8) The medical systems in place prior to Hurricane Maria
were unable to properly handle the health crisis that existed
due to the toxic residue left on the island by the military's
activities.
(9) After Maria, the medical facility was closed due to
damage and continues to be unable to perform even the few
basic services that it did provide. Vieques needs a medical
facility that can treat and address the critical and urgent
need to get life-saving medical services to its residents.
Due to legal restrictions, the Federal Emergency Management
Agency (in this division referred to as ``FEMA'') is unable
to provide a hospital where its capabilities exceed the
abilities of the facility that existed prior to Maria;
therefore Vieques needs assistance to build a facility to
manage the vast health needs of its residents.
(10) Every American has benefitted from the sacrifices of
those Americans who have lived and are living on Vieques and
it is our intent to acknowledge that sacrifice and to treat
those Americans with the same respect and appreciation that
other Americans enjoy.
(11) In 2012, the residents of Vieques were denied the
ability to address their needs in Court due to sovereign
immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD
(D.P.R.). However, the United States Court of Appeals for the
First Circuit referred the issue to Congress and urged it to
address the humanitarian crisis. This bill attempts to
satisfy that request such that Americans living on Vieques
have a remedy for the suffering they have endured.
SEC. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES
FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES,
PUERTO RICO.
(a) In General.--An individual claimant who has resided on
the island of Vieques, Puerto Rico, for not less than 5 years
before the date of enactment of this Act and files a claim
for compensation under this section with the Special Master,
appointed pursuant to subsection (c), shall be awarded
monetary compensation as described in subsection (b) if--
(1) the Special Master determines that the claimant is or
was a resident or an immediate heir (as determined by the
laws of Puerto Rico) of a deceased claimant on the island of
Vieques, Puerto Rico, during or after the United States
Government used the island of Vieques, Puerto Rico, for
military readiness;
(2) the claimant previously filed a lawsuit or an
administrative claim, or files a claim not later than 180
days after the date of the enactment of this Act against the
United States Government for personal injury, including
illness or death arising from use by the United States
Government of the island of Vieques for military readiness;
and
(3) the claimant produces evidence to the Special Master
sufficient to show that a causal relationship exists between
the claimant's chronic, life-threatening, or physical disease
or illness limited to cancer, hypertension, cirrhosis, kidney
disease, diabetes, or a heavy metal poisoning and the United
States Government's use of the island of Vieques, Puerto
Rico, for military readiness, or that a causal relationship
is at least as likely as not, which may be in the form of a
sworn claimant affidavit stating the years the claimant lived
on Vieques and the disease or illness with which the claimant
has been diagnosed and which may be supplemented with
additional information, including a medical professional
certification, at the request of the Special Master.
(b) Amounts of Award.--
(1) In general.--A claimant who meets the requirements of
subsection (a) shall be awarded compensation as follows:
(A) $50,000 for 1 disease described in subsection (a)(3).
(B) $80,000 for 2 diseases described in subsection (a)(3).
(C) $110,000 for 3 or more diseases described in subsection
(a)(3).
(2) Increase in award.--In the case that an individual
receiving an award under paragraph (1) of this subsection
contracts another disease under subsection (a)(3) and files a
new claim with the Special Master for an additional award not
later than 10 years after the date of the enactment of this
Act, the Special Master may award the individual an amount
that is equal to the difference between--
(A) the amount that the individual would have been eligible
to receive had the disease been contracted before the
individual filed an initial claim under subsection (a); and
(B) the amount received by the individual pursuant to
paragraph (1).
(3) Deceased claimants.--In the case of an individual who
dies before making a claim under this section or a claimant
who dies before receiving an award under this section, any
immediate heir to the individual or claimant, as determined
by the laws of Puerto Rico, shall be eligible for one of the
following awards:
(A) Compensation in accordance with paragraph (1), divided
among any such heir.
(B) Compensation based on the age of the deceased if the
claimant produces evidence sufficient to conclude that a
causal relationship exists between the United States Military
activity and the death of the individual or that a causal
relationship is as likely as not as follows:
(i) In the case of an individual or claimant who dies
before attaining 20 years of age, $110,000, divided among any
such heir.
(ii) In the case of an individual or claimant who dies
before attaining 40 years of age, $80,000, divided among any
such heir.
(iii) In the case of an individual or claimant who dies
before attaining 60 years of age, $50,000, divided among any
such heir.
(c) Appointment of Special Master.--
(1) In general.--The Attorney General shall appoint a
Special Master not later than 90 days after the date of the
enactment of this Act to consider claims by individuals and
the municipality.
(2) Qualifications.--The Attorney General shall consider
the following in choosing the Special Master:
(A) The individual's experience in the processing of
victims' claims in relation to foreign or domestic
governments.
(B) The individual's balance of experience in representing
the interests of the United States and individual claimants.
(C) The individual's experience in matters of national
security.
(D) The individual's demonstrated abilities in
investigation and fact findings in complex factual matters.
(E) Any experience the individual has had advising the
United States Government.
(d) Award Amounts Related to Claims by the Municipality of
Vieques.--
[[Page S5250]]
(1) Award.--The Special Master, in exchange for its
administrative claims, shall provide the following as
compensation to the Municipality of Vieques:
(A) Staff.--The Special Master shall provide medical staff,
and other resources necessary to build and operate a level
three trauma center (in this section, referred to as
``medical facility'') with a cancer center and renal dialysis
unit and its equipment. The medical facility shall be able to
treat life-threatening, chronic, heavy metal, and physical
and mental diseases. The medical facility shall be able to
provide basic x-ray, EKG, internal medicine expertise,
medical coordination personnel and case managers, ultrasound,
and resources necessary to screen claimants described in
subsection (a) who are receiving treatment for the diseases
or illnesses described in paragraph (3) of that subsection
for cancer and the other prevailing health problems.
(B) Operations.--The Special Master shall fund the
operations of the medical facility to provide medical care
for pediatric and adult patients who reside on the island of
Vieques, allowing the patients to be referred for tertiary
and quaternary health care facilities when necessary, and
providing the transportation and medical costs when traveling
off the island of Vieques.
(C) Interim services.--Before the medical facility on the
island of Vieques is operational, the Special Master shall
provide to claimants described in subsection (a) who are
receiving treatment for the diseases or illnesses described
in paragraph (3) of that subsection--
(i) urgent health care air transport to hospitals on the
mainland of Puerto Rico from the island of Vieques;
(ii) medical coordination personnel and case managers;
(iii) telemedicine communication abilities; and
(iv) any other services that are necessary to alleviate the
health crisis on the island of Vieques.
(D) Screening.--The Special Master shall make available, at
no cost to the patient, medical screening for cancer,
cirrhosis, diabetes, and heavy metal contamination on the
island of Vieques.
(E) Academic partner.--The Special Master shall appoint an
academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
that shall--
(i) lead a research and outreach endeavor on behalf of the
Municipality of Vieques;
(ii) select the appropriate scientific expertise and
administer defined studies, conducting testing and evaluation
of the soils, seas, plant and animal food sources, and the
health of residents; and
(iii) determine and implement the most efficient and
effective way to reduce the environmental toxins to a level
sufficient to return the soils, seas, food sources, and
health circumstances to a level that reduces the diseases on
the island of Vieques to the average in the United States.
(F) Duties.--The Special Master shall provide amounts
necessary for the academic partner and medical coordinator to
carry out the duties described in subparagraphs (A) through
(D).
(G) Procurement.--The Special Master shall provide amounts
necessary to compensate the Municipality of Vieques for--
(i) contractual procurement obligations and additional
expenses incurred by the municipality as a result of the
enactment of this section and settlement of its claim; and
(ii) any other damages and costs to be incurred by the
municipality, if the Special Master determines that it is
necessary to carry out the purpose of this section.
(H) Power source.--The Special Master shall determine the
best source of producing independent power on the island of
Vieques that is hurricane resilient and can effectively
sustain the needs of the island and shall authorize such
construction as an award to the Municipality of Vieques.
(2) Source.--
(A) In general.--Except as provided in subparagraph (B),
amounts awarded under this division shall be made from
amounts appropriated under section 1304 of title 31, United
States Code, commonly known as the ``Judgment Fund'', as if
claims were adjudicated by a United States District Court
under section 1346(b) of title 28, United States Code.
(B) Limitation.--Total amounts awarded under this division
shall not exceed $1,000,000,000.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The Attorney
General shall establish procedures whereby individuals and
the municipality may submit claims for payments under this
section to the Special Master.
(B) Determination of claims.--The Special Master shall, in
accordance with this subsection, determine whether each claim
meets the requirements of this section. Claims filed by
residents of the island of Vieques that have been disposed of
by a court under chapter 171 of title 28, United States Code,
shall be treated as if such claims are currently filed.
(e) Action on Claims.--The Special Master shall make a
determination on any claim filed under the procedures
established under this section not later than 150 days after
the date on which the claim is filed.
(f) Payment in Full Settlement of Claims by Individuals and
the Municipality of Vieques Against the United States.--The
acceptance by an individual or the Municipality of Vieques of
a payment of an award under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of all claims
under chapter 171 of title 28, United States Code; and
(3) constitute a complete release by the individual or
municipality of such claim against the United States and
against any employee of the United States acting in the scope
of employment who is involved in the matter giving rise to
the claim.
(g) Certification of Treatment of Payments Under Other
Laws.--Amounts paid to an individual under this section--
(1) shall be treated for purposes of the laws of the United
States as damages for human suffering; and
(2) may not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
(h) Limitation on Claims.--A claim to which this section
applies shall be barred unless the claim is filed within 15
years after the date of the enactment of this Act.
(i) Attorney's Fees.--Notwithstanding any contract, a
representative of an individual may not receive, for services
rendered in connection with a claim of the individual under
this division, more than 20 percent of a payment made under
this division.
______
SA 2980. Mr. WICKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military 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 _____--VIEQUES RECOVERY AND REDEVELOPMENT
SEC. ___01. SHORT TITLE.
This division may be cited as the ``Vieques Recovery and
Redevelopment Act''.
SEC. ___02. FINDINGS.
The Congress finds the following:
(1) Vieques is an island municipality of Puerto Rico,
measuring approximately 21 miles long by 4 miles wide, and
located approximately 8 miles east of the main island of
Puerto Rico.
(2) Prior to Hurricane Maria, residents of Vieques were
served by an urgent medical care facility, the Susana Centeno
Family Health Center, and residents had to travel off-island
to obtain medical services, including most types of emergency
care because the facility did not have the basic use of x-ray
machines, CT machines, EKG machines, ultrasounds, or PET
scans.
(3) The predominant means of transporting passengers and
goods between Vieques and the main island of Puerto Rico is
by ferry boat service, and over the years, the efficiency of
this service has frequently been disrupted, unreliable, and
difficult for cancer patients to endure to receive treatment.
Each trip to Ceiba, Puerto Rico, for the cancer patient is an
additional out-of-pocket expense ranging from $120 to $200.
(4) The United States Military maintained a presence on the
eastern and western portions of Vieques for close to 60
years, and used parts of the island as a training range
during those years, dropping over 80 million tons of ordnance
and other weaponry available to the United States military
since World War II.
(5) The unintended, unknown, and unavoidable consequences
of these exercises were to expose Americans living on the
islands to the residue of that weaponry which includes heavy
metals and many other chemicals now known to harm human
health.
(6) According to Government and independent documentation,
the island of Vieques has high levels of heavy metals and has
been exposed to chemical weapons and toxic chemicals. Since
the military activity in Vieques, island residents have
suffered from the health impacts from long-term exposure to
environmental contamination as a result of 62 years of
military operations, and have experienced higher rates of
certain diseases among residents, including cancer,
cirrhosis, hypertension, diabetes, heavy metal diseases,
along with many unnamed and uncategorized illnesses. These
toxic residues have caused the American residents of Vieques
to develop illnesses due to ongoing exposure.
(7) In 2017, Vieques was hit by Hurricane Maria, an
unusually destructive storm that devastated Puerto Rico and
intensified the existing humanitarian crisis on the island by
destroying existing medical facilities.
(8) The medical systems in place prior to Hurricane Maria
were unable to properly handle the health crisis that existed
due to the toxic residue left on the island by the military's
activities.
(9) After Maria, the medical facility was closed due to
damage and continues to be unable to perform even the few
basic services that it did provide. Vieques needs a medical
facility that can treat and address the critical and urgent
need to get life-saving medical services to its residents.
Due to legal restrictions, the Federal Emergency Management
Agency (in this division referred to as
[[Page S5251]]
``FEMA'') is unable to provide a hospital where its
capabilities exceed the abilities of the facility that
existed prior to Maria; therefore Vieques needs assistance to
build a facility to manage the vast health needs of its
residents.
(10) Every American has benefitted from the sacrifices of
those Americans who have lived and are living on Vieques and
it is our intent to acknowledge that sacrifice and to treat
those Americans with the same respect and appreciation that
other Americans enjoy.
(11) In 2012, the residents of Vieques were denied the
ability to address their needs in Court due to sovereign
immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD
(D.P.R.). However, the United States Court of Appeals for the
First Circuit referred the issue to Congress and urged it to
address the humanitarian crisis. This bill attempts to
satisfy that request such that Americans living on Vieques
have a remedy for the suffering they have endured.
SEC. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES
FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES,
PUERTO RICO.
(a) In General.--An individual claimant who has resided on
the island of Vieques, Puerto Rico, for not less than 5 years
before the date of enactment of this Act and files a claim
for compensation under this section with the Special Master,
appointed pursuant to subsection (c), shall be awarded
monetary compensation as described in subsection (b) if--
(1) the Special Master determines that the claimant is or
was a resident or an immediate heir (as determined by the
laws of Puerto Rico) of a deceased claimant on the island of
Vieques, Puerto Rico, during or after the United States
Government used the island of Vieques, Puerto Rico, for
military readiness;
(2) the claimant previously filed a lawsuit or an
administrative claim, or files a claim not later than 180
days after the date of the enactment of this Act against the
United States Government for personal injury, including
illness or death arising from use by the United States
Government of the island of Vieques for military readiness;
and
(3) the claimant produces evidence to the Special Master
sufficient to show that a causal relationship exists between
the claimant's chronic, life-threatening, or physical disease
or illness limited to cancer, hypertension, cirrhosis, kidney
disease, diabetes, or a heavy metal poisoning and the United
States Government's use of the island of Vieques, Puerto
Rico, for military readiness, or that a causal relationship
is at least as likely as not, which may be in the form of a
sworn claimant affidavit stating the years the claimant lived
on Vieques and the disease or illness with which the claimant
has been diagnosed and which may be supplemented with
additional information, including a medical professional
certification, at the request of the Special Master.
(b) Amounts of Award.--
(1) In general.--A claimant who meets the requirements of
subsection (a) shall be awarded compensation as follows:
(A) $50,000 for 1 disease described in subsection (a)(3).
(B) $80,000 for 2 diseases described in subsection (a)(3).
(C) $110,000 for 3 or more diseases described in subsection
(a)(3).
(2) Increase in award.--In the case that an individual
receiving an award under paragraph (1) of this subsection
contracts another disease under subsection (a)(3) and files a
new claim with the Special Master for an additional award not
later than 10 years after the date of the enactment of this
Act, the Special Master may award the individual an amount
that is equal to the difference between--
(A) the amount that the individual would have been eligible
to receive had the disease been contracted before the
individual filed an initial claim under subsection (a); and
(B) the amount received by the individual pursuant to
paragraph (1).
(3) Deceased claimants.--In the case of an individual who
dies before making a claim under this section or a claimant
who dies before receiving an award under this section, any
immediate heir to the individual or claimant, as determined
by the laws of Puerto Rico, shall be eligible for one of the
following awards:
(A) Compensation in accordance with paragraph (1), divided
among any such heir.
(B) Compensation based on the age of the deceased if the
claimant produces evidence sufficient to conclude that a
causal relationship exists between the United States Military
activity and the death of the individual or that a causal
relationship is as likely as not as follows:
(i) In the case of an individual or claimant who dies
before attaining 20 years of age, $110,000, divided among any
such heir.
(ii) In the case of an individual or claimant who dies
before attaining 40 years of age, $80,000, divided among any
such heir.
(iii) In the case of an individual or claimant who dies
before attaining 60 years of age, $50,000, divided among any
such heir.
(c) Appointment of Special Master.--
(1) In general.--The Attorney General shall appoint a
Special Master not later than 90 days after the date of the
enactment of this Act to consider claims by individuals and
the municipality.
(2) Qualifications.--The Attorney General shall consider
the following in choosing the Special Master:
(A) The individual's experience in the processing of
victims' claims in relation to foreign or domestic
governments.
(B) The individual's balance of experience in representing
the interests of the United States and individual claimants.
(C) The individual's experience in matters of national
security.
(D) The individual's demonstrated abilities in
investigation and fact findings in complex factual matters.
(E) Any experience the individual has had advising the
United States Government.
(d) Award Amounts Related to Claims by the Municipality of
Vieques.--
(1) Award.--The Special Master, in exchange for its
administrative claims, shall provide the following as
compensation to the Municipality of Vieques:
(A) Staff.--The Special Master shall provide medical staff,
and other resources necessary to build and operate a level
three trauma center (in this section, referred to as
``medical facility'') with a cancer center and renal dialysis
unit and its equipment. The medical facility shall be able to
treat life-threatening, chronic, heavy metal, and physical
and mental diseases. The medical facility shall be able to
provide basic x-ray, EKG, internal medicine expertise,
medical coordination personnel and case managers, ultrasound,
and resources necessary to screen claimants described in
subsection (a) who are receiving treatment for the diseases
or illnesses described in paragraph (3) of that subsection
for cancer and the other prevailing health problems.
(B) Operations.--The Special Master shall fund the
operations of the medical facility to provide medical care
for pediatric and adult patients who reside on the island of
Vieques, allowing the patients to be referred for tertiary
and quaternary health care facilities when necessary, and
providing the transportation and medical costs when traveling
off the island of Vieques.
(C) Interim services.--Before the medical facility on the
island of Vieques is operational, the Special Master shall
provide to claimants described in subsection (a) who are
receiving treatment for the diseases or illnesses described
in paragraph (3) of that subsection--
(i) urgent health care air transport to hospitals on the
mainland of Puerto Rico from the island of Vieques;
(ii) medical coordination personnel and case managers;
(iii) telemedicine communication abilities; and
(iv) any other services that are necessary to alleviate the
health crisis on the island of Vieques.
(D) Screening.--The Special Master shall make available, at
no cost to the patient, medical screening for cancer,
cirrhosis, diabetes, and heavy metal contamination on the
island of Vieques.
(E) Academic partner.--The Special Master shall appoint an
academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
that shall--
(i) lead a research and outreach endeavor on behalf of the
Municipality of Vieques;
(ii) select the appropriate scientific expertise and
administer defined studies, conducting testing and evaluation
of the soils, seas, plant and animal food sources, and the
health of residents; and
(iii) determine and implement the most efficient and
effective way to reduce the environmental toxins to a level
sufficient to return the soils, seas, food sources, and
health circumstances to a level that reduces the diseases on
the island of Vieques to the average in the United States.
(F) Duties.--The Special Master shall provide amounts
necessary for the academic partner and medical coordinator to
carry out the duties described in subparagraphs (A) through
(D).
(G) Procurement.--The Special Master shall provide amounts
necessary to compensate the Municipality of Vieques for--
(i) contractual procurement obligations and additional
expenses incurred by the municipality as a result of the
enactment of this section and settlement of its claim; and
(ii) any other damages and costs to be incurred by the
municipality, if the Special Master determines that it is
necessary to carry out the purpose of this section.
(H) Power source.--The Special Master shall determine the
best source of producing independent power on the island of
Vieques that is hurricane resilient and can effectively
sustain the needs of the island and shall authorize such
construction as an award to the Municipality of Vieques.
(2) Source.--
(A) In general.--Except as provided in subparagraph (B),
amounts awarded under this division shall be made from
amounts appropriated under section 1304 of title 31, United
States Code, commonly known as the ``Judgment Fund'', as if
claims were adjudicated by a United States District Court
under section 1346(b) of title 28, United States Code.
(B) Limitation.--Total amounts awarded under this division
shall not exceed $1,000,000,000.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The Attorney
General shall establish procedures whereby individuals and
the municipality may submit claims for payments under this
section to the Special Master.
[[Page S5252]]
(B) Determination of claims.--The Special Master shall, in
accordance with this subsection, determine whether each claim
meets the requirements of this section. Claims filed by
residents of the island of Vieques that have been disposed of
by a court under chapter 171 of title 28, United States Code,
shall be treated as if such claims are currently filed.
(e) Action on Claims.--The Special Master shall make a
determination on any claim filed under the procedures
established under this section not later than 150 days after
the date on which the claim is filed.
(f) Payment in Full Settlement of Claims by Individuals and
the Municipality of Vieques Against the United States.--The
acceptance by an individual or the Municipality of Vieques of
a payment of an award under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of all claims
under chapter 171 of title 28, United States Code; and
(3) constitute a complete release by the individual or
municipality of such claim against the United States and
against any employee of the United States acting in the scope
of employment who is involved in the matter giving rise to
the claim.
(g) Certification of Treatment of Payments Under Other
Laws.--Amounts paid to an individual under this section--
(1) shall be treated for purposes of the laws of the United
States as damages for human suffering; and
(2) may not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
(h) Limitation on Claims.--A claim to which this section
applies shall be barred unless the claim is filed within 15
years after the date of the enactment of this Act.
(i) Attorney's Fees.--Notwithstanding any contract, a
representative of an individual may not receive, for services
rendered in connection with a claim of the individual under
this division, more than 17 percent of a payment made under
this division.
______
SA 2981. 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 H of title X, add the following:
SEC. 1095. NATIONAL CEMETERIES OPEN ON LEGAL PUBLIC HOLIDAYS.
Each national cemetery administered by the Department of
Defense, the Department of Veterans Affairs, or the National
Park Service shall be open to visitors on the legal public
holidays described in section 6103(a) of title 5, United
States Code.
______
SA 2982. 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. ___. 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
knowingly go upon any property that--
``(1) is under the jurisdiction of the Department of
Defense; and
``(2) is 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 6 years, or
both.
``(c) Determination of Status.--For purposes of this
section, a person shall be considered convicted of a second
or subsequent offense if, prior to the commission of the
offense, 1 or more prior convictions of the person under
subsection (a) became final.''.
(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 2983. Ms. KLOBUCHAR (for herself and Mr. Moran) 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 UNFAIR AND DECEPTIVE ADVERTISING OF
HOTEL ROOMS AND OTHER SHORT-TERM RENTAL PRICES.
(a) Prohibition.--
(1) In general.--It shall be unlawful for a covered entity
to display, advertise, market, or offer in interstate
commerce, including through direct offerings, third-party
distribution, or metasearch referrals, a price for covered
services that does not clearly, conspicuously, and
prominently--
(A) display the total services price, if a price is
displayed, in any advertisement, marketing, or price list
wherever the covered services are displayed, advertised,
marketed, or offered for sale;
(B) disclose to any individual who seeks to purchase
covered services the total services price at the time the
covered services are first displayed to the individual and
anytime thereafter throughout the covered services purchasing
process; and
(C) disclose, prior to the final purchase, any tax, fee, or
assessment imposed by any government entity, quasi-government
entity, or government-created special district or program on
the sale of covered services.
(2) Individual components.--Provided that such displays are
less prominent than the total service price required in
paragraph (1), nothing in this section shall be construed to
prohibit the display of--
(A) individual components of the total price; or
(B) details of other items not required by paragraph (1).
(3) Indemnification provisions.--Nothing in this section
shall be construed to prohibit any covered entity from
entering into a contract with any other covered entity that
contains an indemnification provision with respect to price
or fee information disclosed, exchanged, or shared between
the covered entities that are parties to the contract.
(b) Enforcement.--
(1) Enforcement by the commission.--
(A) 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)).
(B) Powers of the commission.--
(i) 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 Act.
(ii) Privileges and immunities.--Any person who violates
this section shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(iii) Authority preserved.--Nothing in this section shall
be construed to limit the authority of the Commission under
any other provision of law.
(2) Enforcement by states.--
(A) In general.--If the attorney general of a State has
reason to believe that an interest of the residents of the
State has been or is being threatened or adversely affected
by a practice that violates subsection (a), the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States to obtain
appropriate relief.
(B) Rights of the commission.--
(i) Notice to the commission.--
(I) In general.--Except as provided in subclause (III), the
attorney general of a State, before initiating a civil action
under subparagraph (A) shall notify the Commission in writing
that the attorney general intends to bring such civil action.
(II) Contents.--The notification required by subclause (I)
shall include a copy of the complaint to be filed to initiate
the civil action.
(III) Exception.--If it is not feasible for the attorney
general of a State to provide the notification required by
subclause (I) before initiating a civil action under
subparagraph (A), the attorney general shall notify the
Commission immediately upon instituting the civil action.
(ii) Intervention by the commission.--The Commission may--
(I) intervene in any civil action brought by the attorney
general of a State under subparagraph (A); and
(II) upon intervening--
(aa) be heard on all matters arising in the civil action;
and
(bb) file petitions for appeal.
(C) Investigatory powers.--Nothing in this paragraph 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.
[[Page S5253]]
(D) Action by the commission.--Whenever a civil action has
been instituted by or on behalf of the Commission for
violation of subsection (a), no attorney general of a State
may, during the pendency of that action, institute an action
under subparagraph (A) against any defendant named in the
complaint in that action for a violation of subsection (a)
alleged in such complaint.
(E) Venue; service of process.--
(i) Venue.--Any action brought under subparagraph (A) 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.
(ii) Service of process.--In an action brought under
subparagraph (A), process may be served in any district in
which--
(I) the defendant is an inhabitant, may be found, or
transacts business; or
(II) venue is proper under section 1391 of title 28, United
States Code.
(F) Actions by other state officials.--
(i) In general.--In addition to civil actions brought by an
attorney general under subparagraph (A), any other officer of
a State who is authorized by the State to do so may bring a
civil action under subparagraph (A), subject to the same
requirements and limitations that apply under this paragraph
to civil actions brought by attorneys general.
(ii) Savings provision.--Nothing in this paragraph 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.
(3) Rebuttable presumption of compliance.--In any action
pursuant to paragraph (1) or (2), an intermediary or third-
party online seller shall be entitled to a rebuttable
presumption of compliance with the price display requirements
of subsection (a)(1), if such intermediary or third-party
online seller--
(A) relied in good faith on information provided to the
intermediary or third-party online seller by a hotel or
short-term rental, or agent acting on behalf of such hotel or
short-term rental, and such information was inaccurate at the
time it was provided to the intermediary or third-party
online seller; and
(B) took prompt action to remove or correct any false or
inaccurate information about the total services price after
receiving notice that such information was false or
inaccurate.
(c) Preemption.--
(1) In general.--A State, or political subdivision of a
State, may not maintain, enforce, prescribe, or continue in
effect any law, rule, regulation, requirement, standard, or
other provision having the force and effect of law of the
State, or political subdivision of the State, that prohibits
a covered entity from advertising, displaying, marketing, or
otherwise offering, or otherwise affects the manner in which
a covered entity may advertise, display, market, or otherwise
offer, for sale in interstate commerce, including through a
direct offering, third-party distribution, or metasearch
referral, a price of a reservation for a covered service that
does not include each mandatory fee.
(2) Rule of construction.--This section may not be
construed to--
(A) preempt any law of a State or political subdivision of
a State relating to contracts or torts; or
(B) preempt any law of a State or political subdivision of
a State to the extent that such law relates to an act of
fraud, unauthorized access to personal information, or
notification of unauthorized access to personal information.
(d) Definitions.--In this section:
(1) Base services price.--The term ``base services price''
--
(A) means, with respect to the covered services provided by
a hotel or short-term rental, the price in order to obtain
the covered services of the hotel or short-term rental; and
(B) does not include--
(i) any service fee;
(ii) any taxes or fees imposed by a government or quasi-
government entity;
(iii) assessment fees of a government-created special
district or program; or
(iv) any charges or fees for an optional product or service
associated with the covered services that may be selected by
a purchaser of covered services.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--The term ``covered entity'' means a
person, partnership, or corporation with respect to whom the
Commission has jurisdiction under section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
including--
(A) a hotel or short-term rental;
(B) a third-party online seller; or
(C) an intermediary.
(4) Covered services.--The term ``covered services'' means
the temporary provision of a room, building, or other lodging
facility.
(5) Hotel.--The term ``hotel'' means an establishment that
is--
(A) primarily engaged in providing a covered service to the
general public; and
(B) promoted, advertised, or marketed in interstate
commerce or for which such establishment's services are sold
in interstate commerce.
(6) Intermediary.--The term ``intermediary'' means an
entity that operates either as a business-to-business
platform, consumer-facing platform, or both, that displays,
including through direct offerings, third-party distribution,
or metasearch referral, a price for covered services or price
comparison tools for consumers seeking covered services.
(7) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or obtain covered
services
(8) Service fee.--The term ``service fee''--
(A) means a charge imposed by a covered entity that must be
paid in order to obtain covered services; and
(B) does not include--
(i) any taxes or fees imposed by a government or quasi-
government entity;
(ii) any assessment fees of a government-created special
district or program; or
(iii) any charges or fees for an optional product or
service associated with the covered services that may be
selected by a purchaser of covered services.
(9) Short-term rental.--The term ``short-term rental''
means a property, including a single-family dwelling or a
unit in a condominium, cooperative, or time-share, that
provides covered services (either with respect to the entire
property or a part of the property) to the general public--
(A) in exchange for a fee;
(B) for periods shorter than 30 consecutive days; and
(C) is promoted, advertised, or marketed in interstate
commerce or for which such property's services are sold in
interstate commerce.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, and any territory or
possession of the United States.
(11) Third-party online seller.--The term ``third-party
online seller'' means any person other than a hotel or short-
term rental that sells covered services or offers for sale
covered services with respect to a hotel or short-term rental
in a transaction facilitated on the internet.
(12) Total services price.--The term ``total services''--
(A) means, with respect to covered services, the total cost
of the covered services, including the base services price
and any service fees; and
(B) does not include--
(i) any taxes or fees imposed by a government or quasi-
government entity;
(ii) any assessment fees of a government-created special
district or program; or
(iii) any charges or fees for an optional product or
service associated with the covered services that may be
selected by a purchaser of covered services.
(e) Effective Date.--The prohibition under subsection (a)
shall take effect 450 days after the date of the enactment of
this Act and shall apply to advertisements, displays,
marketing, and offers of covered services of a covered entity
made on or after such date.
______
SA 2984. 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. NON-COMPETITIVE HIRING ELIGIBILITY UNDER THE
NATIONAL SERVICE LAWS.
(a) National and Community Service Act of 1990.--Title I of
the National and Community Service Act of 1990 (42 U.S.C.
12511 et seq.) is amended by inserting after section 189D (42
U.S.C. 12645g) the following:
``SEC. 189E. NON-COMPETITIVE HIRING ELIGIBILITY.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means an agency, office,
or other establishment in the executive branch of the Federal
Government.
``(2) Competitive service.--The term `competitive service'
has the meaning given the term in section 2102 of title 5,
United States Code.
``(b) In General.--Notwithstanding any provision of chapter
33 of title 5, United States Code, governing appointments in
the competitive service, and under such regulations as the
Director of the Office of Personnel Management shall
prescribe, the head of any agency may, in accordance with
subsections (c) and (e), noncompetitively appoint any
individual who is certified under subsection (d) to a
position in the competitive service for which the individual
is otherwise qualified.
``(c) Appointment in Permanent Position.--Any person
appointed to a permanent position under subsection (a)
shall--
``(1) become a career-conditional employee, unless the
employee has otherwise completed the service requirements for
career tenure; and
``(2) acquire competitive status upon completion of any
prescribed probationary period.
``(d) Certification of Individual.--
``(1) In general.--The Chief Executive Officer may certify
an individual under this subsection if the individual
successfully completed--
[[Page S5254]]
``(A) a term of national service as a Team Leader or
Member, as described in paragraph (1) or (4) of section
155(b), in the AmeriCorps National Civilian Community Corps
program component described in section 153;
``(B) a period of service of not less than one year as a
volunteer or designated volunteer leader under part A of
title I of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4950 et seq.); or
``(C) not less than 1,700 hours of service under section
139(b)(1) as a participant under section 137.
``(2) Reliance on other certifications.--In making any
certification under paragraph (1), the Chief Executive
Officer may rely on a certification made by the entity that
selected the individual for, and supervised the individual
in, the activity described in subparagraph (A), (B), or (C)
of such paragraph.
``(3) Erroneous or incorrect certification.--If the Chief
Executive Officer determines that a certification under
paragraph (1) is erroneous or incorrect, the Corporation
shall, after considering the full facts and circumstances
surrounding the erroneous or incorrect certification, take
action as permitted under law.
``(e) Period of Appointment.--The head of any agency may
make an appointment of an individual under subsection (b)--
``(1) not later than 1 year after the date of completion by
the individual of an activity described in subparagraph (A),
(B), or (C) of subsection (d)(1); or
``(2) not later than 3 years after such date in the case of
an individual who, following such service, was engaged--
``(A) in military service,
``(B) in the pursuit of studies at a recognized institution
of higher learning, or
``(C) in other activities that, as determined by the head
of such agency, warrant an extended time period.''.
(b) Domestic Volunteer Service Act of 1973.-- Section 415
of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
5055) is amended by striking subsection (d).
______
SA 2985. 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 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 health disparities related to maternal health
outcomes, including such disparities associated with
medically underserved populations; and
``(C) improve health for pregnant and postpartum women
before, during, and after pregnancy;
``(2) use an integrated approach to understand the factors,
including biological, behavioral, and other 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).
``(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 2986. 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 C of title X, add the following:
SEC. 1027. SENSE OF CONGRESS REGARDING NAMING OF NAVAL VESSEL
IN HONOR OF LIEUTENANT GENERAL RICHARD E.
CAREY.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should name the Spearhead-class
expeditionary fast transport vessel of the United States Navy
that has been ordered (Hull Number T-EPF-16) in honor of
Lieutenant General Richard E. Carey for the acts of valor
described in subsection (b).
(b) Acts of Valor.--The acts of valor described in this
subsection are as follows:
(1) In September 1950 in Korea, Lieutenant General Richard
E. Carey participated in the Inchon Landing, captured
communist forces, and led his rifle platoon to Seoul. Three
months later, on East Hill at the Chosin Reservoir, Carey
hurled grenades at Chinese forces. Carey and his fellow
Marines were outnumbered eight to one. They held their ground
and broke through the Chinese trap to the sea.
(2) Carey remained in the fight until March 1951. While
commanding a platoon of machine gunners, Carey was badly
wounded. He continued leading his troops and initially
refused to get aid for his injuries. Carey's wounds required
hospitalization. During 189 days in Korea, Carey had seven
near-death experiences. As a result of his actions in Korea,
Carey received the Silver Star, the Bronze Star, and the
Purple Heart.
(3) Returning to the United States, Carey earned a flight
training slot and became a fighter pilot. In the early 1960s,
Carey scouted Marine Corps airfield sites in Vietnam. He
returned to Vietnam in the summer of 1967 and served during
the Tet Offensive. Carey flew 204 combat sorties, earning the
Distinguished Flying Cross and 16 Air Medals.
______
SA 2987. Mr. CORNYN (for himself, Mr. Welch, 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 H of title X, add the following:
SEC. 1095. POST-EMPLOYMENT RESTRICTIONS ON OFFICIALS IN
POSITIONS SUBJECT TO SENATE CONFIRMATION.
(a) Short Title.--This section may be cited as the
``Conflict-free Leaving Employment and Activity Restrictions
Path Act'' or the ``CLEAR Path Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for
conflicts of interest following government service, including
with respect to senior United States officials working on
behalf of foreign governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment
restrictions.
(c) Post-employment Restrictions.--
(1) In general.--Section 207 of title 18, United States
Code, is amended by adding at the end the following:
``(m) Extended Post-employment Restrictions for Officials
in Positions Subject to Senate Confirmation.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of concern'
has the meaning given the term in section 1(m) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(m)).
``(B) Foreign governmental entity.--The term `foreign
governmental entity' has the meaning given the term in
section 1(m) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(m)).
``(C) Represent.--The term `represent' does not include
representation by an attorney, who is duly licensed and
authorized to provide legal advice in a United States
jurisdiction, of a person or entity in a legal capacity or
for the purposes of rendering legal advice.
``(D) Senate-confirmed position.--The term `Senate-
confirmed position' means a position in a department or
agency of the executive branch of the United States for which
appointment is required to be made by the President, by and
with the advice and consent of the Senate.
``(2) Agency heads, deputy heads, and other positions
subject to senate confirmation.--With respect to a person
serving as the head or deputy head of, or serving in any
Senate-confirmed position in, a department or agency of the
executive branch of the United States, the restrictions
described in subsection (f)(1) shall apply to any such person
who knowingly represents, aids, or advises--
``(A) a foreign governmental entity before an officer or
employee of the executive or legislative branch of the United
States with the intent to influence a decision of the officer
or employee in carrying out his or her official duties for 2
years after the termination of the person's service in that
position; or
``(B) a foreign governmental entity of a country of concern
before an officer or employee of the executive or legislative
branch of the United States with the intent to influence a
decision of the officer or employee in
[[Page S5255]]
carrying out his or her official duties at any time after the
termination of the person's service in that position.
``(3) Notice of restrictions.--Any person subject to the
restrictions under this subsection shall be provided notice
of these restrictions by the relevant department or agency--
``(A) upon appointment by the President; and
``(B) upon termination of service with the relevant
department or agency.
``(4) Effective date.--The restrictions under this
subsection shall apply only to persons who are appointed by
the President to the positions referenced in this section on
or after the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act.
``(5) Sunset.--The restrictions under this subsection shall
expire on the date that is 5 years after the date of
enactment of the Conflict-free Leaving Employment and
Activity Restrictions Path Act.''.
(2) Conforming amendment.--Section 1(m) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m))
is amended--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) Relation to government-wide restrictions.--This
subsection shall not apply to a person by reason of the
person's service in a position referenced in this subsection
if the person is subject to the restrictions under section
207(m) of title 18, United States Code, by reason of the same
service.''.
(d) Mechanism to Amend Definition of ``Country of
Concern''.--Section 1(m) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)), as amended by
subsection (c)(2), is amended by adding at the end the
following:
``(9) Modification to definition of `country of concern'.--
``(A) In general.--The Secretary of State may, in
consultation with the Attorney General, propose the addition
or deletion of countries described in paragraph (1)(A).
``(B) Submission.--Any proposal described in subparagraph
(A) shall--
``(i) be submitted to the Chairman and Ranking Member of
the Committee on Foreign Relations of the Senate and the
Chairman and Ranking Member of the Committee on the Judiciary
of the House of Representatives; and
``(ii) become effective upon enactment of a joint
resolution of approval as described in subparagraph (C).
``(C) Joint resolution of approval.--
``(i) In general.--For purposes of subparagraph (B)(ii),
the term `joint resolution of approval' means only a joint
resolution--
``(I) that does not have a preamble;
``(II) that includes in the matter after the resolving
clause the following: `That Congress approves the
modification of the definition of ``country of concern''
under section 1(m) of the State Department Basic Authorities
Act of 1956, as submitted by the Secretary of State on ____;
and section 1(m)(1)(A) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)(A)) is amended
by ______.', the blank spaces being appropriately filled in
with the appropriate date and the amendatory language
required to modify the list of countries in paragraph (1)(A)
of this subsection by adding or deleting 1 or more countries;
and
``(III) the title of which is as follows: `Joint resolution
approving modifications to definition of ``country of
concern'' under section 1(m) of the State Department Basic
Authorities Act of 1956.'.
``(ii) Referral.--
``(I) Senate.--A resolution described in clause (i) that is
introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate.
``(II) House of representatives.--A resolution described in
clause (i) that is introduced in the House of Representatives
shall be referred to the Committee on the Judiciary of the
House of Representatives.''.
______
SA 2988. 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 to bring the
responsible members of the security forces unit to
justice,''.
______
SA 2989. 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 B of title VI, insert the following:
SEC. 615. TERMINATION OF OBLIGATION TO REPAY BONUSES OF
MEMBERS SEPARATED FOR REFUSING COVID-19
VACCINE.
(a) In General.--A former member of the Armed Forces who
was separated from the Armed Forces solely because the former
member refused to obtain a COVID-19 vaccine shall be released
from any obligation to repay the prorated portion of any
bonus received by the former member for any period of
obligated service on or after January 10, 2023.
(b) Reimbursment of Repayments.--A former member of the
Armed Forces described in subsection (a) who, before the date
of the enactment of this Act, repaid any of the prorated
portion of a bonus described in that subsection shall be
reimbursed for such repayment.
______
SA 2990. 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 E of title VII, add the following:
SEC. 750. REGENERATIVE MEDICINE TECHNOLOGIES STRATEGY.
(a) In General.--Not later than May 1, 2025, the Assistant
Secretary of Defense for Health Affairs, in coordination with
the Surgeons General of the Armed Forces and the Joint Staff
Surgeon, shall develop a strategy for regenerative medicine
technologies to support health of and return to duty by
members of the Armed Forces following traumatic injuries
sustained in training and combat operations.
(b) Elements.--The strategy required under subsection (a)
shall, at a minimum--
(1) focus on addressing medical challenges experienced by
members of the Armed Forces in training and combat operations
in which regenerative medicine technologies, including
anatomically-precise therapeutics, can be used to treat
vertebral, orthopedic, craniofacial, and musculoskeletal
injuries;
(2) identify partnerships with academic medical centers,
industry, nonprofit organizations, and small businesses in
regenerative medicine to support existing and future medical
requirements of members of the Armed Forces;
(3) identify laboratory and medical product development
requirements of the Department of Defense, including research
and development, to support transition and fielding of
regenerative medicine technologies;
(4) identify gaps in regenerative medicine capabilities and
actions needed to close or mitigate those gaps; and
(5) provide recommendations to transition regenerative
medicine technologies into clinical practice to treat
vertebral, orthopedic, craniofacial, and musculoskeletal
injuries sustained in training and combat operations.
(c) Briefing.--Not later than 30 days after completion of
the strategy required under subsection (a), the Assistant
Secretary of Defense for Health Affairs shall provide to the
congressional defense committees a briefing on the strategy.
______
SA 2991. 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 F of title III, add the following:
SEC. 358. PROCUREMENT OF SOFTWARE AS A SERVICE AND DATA AS A
SERVICE FOR PURPOSES OF ARTIFICIAL INTELLIGENCE
SYSTEMS.
(a) Use of Funds.--The Secretary of Defense may use amounts
made available to the Secretary for operation and maintenance
to procure software as a service and data as a service and
modify software to include artificial intelligence systems to
meet the operational needs of the Department of Defense.
(b) Revision of Regulations.--The Secretary of Defense
shall revise or develop regulations as necessary to implement
this section, which shall include regulations governing the
procurement and modification of software, data, and
artificial intelligence systems, and the oversight of such
procurement and modification.
(c) Definitions.--In this section:
(1) Software.--The term ``software'' has the meaning given
that term under the Federal Acquisition Regulation maintained
under section 1303(a)(1) of title 41, United States Code, and
includes non-commercial,
[[Page S5256]]
commercial, and commercial-off-the shelf software.
(2) Software as a service.--The term ``software as a
service'' means a software delivery model in which software
is provided on a subscription basis and is accessed remotely
over the internet.
(3) Data as a service.--The term ``data as a service''
means a data delivery model in which data is provided on a
subscription basis and is accessed remotely over the
internet.
(4) Artificial intelligence system.--The term ``artificial
intelligence system'' means a system that is capable of
performing tasks that normally require human-like cognition,
including learning, decision-making, and problem-solving.
(d) Sunset.--This section shall terminate on September 30,
2026.
______
SA 2992. 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 C of title XXVIII, add the
following:
SEC. 2836. LAND CONVEYANCE, BOYLE MEMORIAL ARMY RESERVE
CENTER, PARIS, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to Paris Junior College, located in Paris, Texas (in
this section referred to as the ``College''), all right,
title, and interest of the United States in and to a parcel
of real property, including any improvements thereon,
consisting of approximately 4 acres, known as the former
Boyle Memorial Army Reserve Center, located in Paris, Texas.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the College shall pay to the
Secretary of the Army an amount equal to not less than the
fair market value of the property to be conveyed, as
determined by the Secretary, which may consist of cash
payment, in-kind consideration as described in paragraph (2),
or a combination thereof.
(2) In-kind consideration.--In-kind consideration provided
by the College under paragraph (1) may include--
(A) the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including environmental
restoration), or a combination thereof, of any property,
facilities, or infrastructure; or
(B) the delivery of services relating to the needs of the
Department of the Army that the Secretary considers
acceptable.
(3) Conveyance.--Cash payments received under paragraph (1)
as consideration for the conveyance under subsection (a)
shall be deposited in the special account in the Treasury
established under section 572(b)(5) of title 40, United
States Code.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--
(A) In general.--The Secretary of the Army shall require
the College to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental documentation
related to the conveyance, and any other administrative costs
related to the conveyance.
(B) Collection in advance.--If amounts are collected from
the College in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance under
subsection (a), the Secretary shall refund the excess amount
to the College.
(2) Treatment of amounts received.--
(A) In general.--Amounts received as reimbursement under
paragraph (1)(A) shall be credited to the fund or account
that was used to cover the costs incurred by the Secretary in
carrying out the conveyance under subsection (a) or, if the
period of availability of obligations for that appropriation
has expired, to the appropriations of a fund that is
currently available to the Secretary for the same purpose.
(B) Merger of amounts.--Amounts credited to a fund or
account under subparagraph (A) shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a) shall be determined by surveys
satisfactory to the Secretary of the Army.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
______
SA 2993. 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 end of part I of subtitle F of title V, add the
following:
SEC. 578. ELIGIBILITY OF DEPENDENTS OF CERTAIN DECEASED
MEMBERS OF THE ARMED FORCES FOR ENROLLMENT IN
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(j) of title 10, United States Code, is
amended--
(1) in paragraph (1), in the first sentence, by striking
``an individual described in paragraph (2)'' and inserting
``a member of a foreign armed force residing on a military
installation in the United States (including territories,
commonwealths, and possessions of the United States)''; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) The Secretary may authorize the enrollment in a
Department of Defense education program provided by the
Secretary pursuant to subsection (a) of a dependent not
otherwise eligible for such enrollment who is the dependent
of a member of the armed forces who died in--
``(i) an international terrorist attack against the United
States or a foreign country friendly to the United States, as
determined by the Secretary;
``(ii) military operations while serving outside the United
States (including the commonwealths, territories, and
possessions of the United States) as part of a peacekeeping
force; or
``(iii) the line of duty in a combat-related operation, as
designated by the Secretary.
``(B)(i) Except as provided by clause (ii), enrollment of a
dependent described in subparagraph (A) in a Department of
Defense education program provided pursuant to subsection (a)
shall be on a tuition-free, space available basis.
``(ii) In the case of a dependent described in subparagraph
(A) residing on a military installation in the United States
(including territories, commonwealths, and possessions of the
United States), the Secretary may authorize enrollment of the
dependent in a Department of Defense education program
provided pursuant to subsection (a) on a tuition-free, space
required basis.''.
______
SA 2994. 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. RURAL EMERGENCY HOSPITAL FIX.
(a) In General.--Section 1861(kkk)(3) of the Social
Security Act (42 U.S.C. 1395x(kkk)(3)) is amended, in the
matter preceding subparagraph (A), by inserting ``March 11,
2020, or'' after ``as of''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendment made by subsection (a) by program instruction
or otherwise.
______
SA 2995. 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) 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.
[[Page S5257]]
______
SA 2996. 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 INTO SAN PEDRO BASIN CONTAMINATION AND
BIOREMEDIATION OPTIONS.
(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 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.--In addition to
amounts otherwise authorized to be appropriated for the
program described in subsection (c), there is authorized to
be appropriated to carry out such subsection $6,000,000 for
each of fiscal years 2025 through 2031.
______
SA 2997. Ms. HIRONO (for herself 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 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
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.
(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'' means an eligible covered beneficiary
(as defined in section 1074g(i) of title 10, United States
Code) who is--
(A) a member of the uniformed services serving on active
duty; or
(B) 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.
(3) Uniformed services.--The term ``uniformed services''
has the meaning given that term in section 101 of title 10,
United States Code.
______
SA 2998. 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 subtitle A of title VI, add the following:
SEC. 605. BASIC ALLOWANCE FOR HOUSING: AUTHORIZATION OF
APPROPRIATIONS.
Not later than January 1, 2026, there is authorized to be
appropriated $1,200,000,000 for the purpose of fully funding
the basic allowance for housing for members of the uniformed
services under section 403 of title 37, United States Code.
______
SA 2999. 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 subtitle B of title VI, add the following:
SEC. 615. TERMINATION OF OBLIGATION TO REPAY BONUSES OF
MEMBERS SEPARATED SOLELY FOR REFUSING COVID-19
VACCINE.
(a) Release From Repayment Obligation.--A former member of
the Armed Forces who 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 shall be released from any
obligation to repay any bonus received by the former member
from the Department of Defense.
(b) Reimbursement of Repayments.--A former member of the
Armed Forces described in subsection (a) who, before the date
of the enactment of this Act, repaid any portion of a bonus
described in that subsection shall be reimbursed by the
Secretary of Defense for such repayment.
______
SA 3000. Mr. WICKER submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military 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 _____--VIEQUES RECOVERY AND REDEVELOPMENT
SEC. ___01. SHORT TITLE.
This division may be cited as the ``Vieques Recovery and
Redevelopment Act''.
SEC. ___02. FINDINGS.
The Congress finds the following:
(1) Vieques is an island municipality of Puerto Rico,
measuring approximately 21 miles long by 4 miles wide, and
located approximately 8 miles east of the main island of
Puerto Rico.
(2) Prior to Hurricane Maria, residents of Vieques were
served by an urgent medical care facility, the Susana Centeno
Family Health Center, and residents had to travel off-island
to obtain medical services, including most types of emergency
care because the facility did not have the basic use of x-ray
machines, CT machines, EKG machines, ultrasounds, or PET
scans.
(3) The predominant means of transporting passengers and
goods between Vieques and the main island of Puerto Rico is
by ferry boat service, and over the years, the efficiency of
this service has frequently been disrupted, unreliable, and
difficult for cancer patients to endure to receive treatment.
Each trip to Ceiba, Puerto Rico, for the cancer patient is an
additional out-of-pocket expense ranging from $120 to $200.
(4) The United States Military maintained a presence on the
eastern and western portions of Vieques for close to 60
years, and
[[Page S5258]]
used parts of the island as a training range during those
years, dropping over 80 million tons of ordnance and other
weaponry available to the United States military since World
War II.
(5) The unintended, unknown, and unavoidable consequences
of these exercises were to expose Americans living on the
islands to the residue of that weaponry which includes heavy
metals and many other chemicals now known to harm human
health.
(6) According to Government and independent documentation,
the island of Vieques has high levels of heavy metals and has
been exposed to chemical weapons and toxic chemicals. Since
the military activity in Vieques, island residents have
suffered from the health impacts from long-term exposure to
environmental contamination as a result of 62 years of
military operations, and have experienced higher rates of
certain diseases among residents, including cancer,
cirrhosis, hypertension, diabetes, heavy metal diseases,
along with many unnamed and uncategorized illnesses. These
toxic residues have caused the American residents of Vieques
to develop illnesses due to ongoing exposure.
(7) In 2017, Vieques was hit by Hurricane Maria, an
unusually destructive storm that devastated Puerto Rico and
intensified the existing humanitarian crisis on the island by
destroying existing medical facilities.
(8) The medical systems in place prior to Hurricane Maria
were unable to properly handle the health crisis that existed
due to the toxic residue left on the island by the military's
activities.
(9) After Maria, the medical facility was closed due to
damage and continues to be unable to perform even the few
basic services that it did provide. Vieques needs a medical
facility that can treat and address the critical and urgent
need to get life-saving medical services to its residents.
Due to legal restrictions, the Federal Emergency Management
Agency (in this division referred to as ``FEMA'') is unable
to provide a hospital where its capabilities exceed the
abilities of the facility that existed prior to Maria;
therefore Vieques needs assistance to build a facility to
manage the vast health needs of its residents.
(10) Every American has benefitted from the sacrifices of
those Americans who have lived and are living on Vieques and
it is our intent to acknowledge that sacrifice and to treat
those Americans with the same respect and appreciation that
other Americans enjoy.
(11) In 2012, the residents of Vieques were denied the
ability to address their needs in Court due to sovereign
immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD
(D.P.R.). However, the United States Court of Appeals for the
First Circuit referred the issue to Congress and urged it to
address the humanitarian crisis. This bill attempts to
satisfy that request such that Americans living on Vieques
have a remedy for the suffering they have endured.
SEC. ___03. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES
FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES,
PUERTO RICO.
(a) In General.--An individual claimant who has resided on
the island of Vieques, Puerto Rico, for not less than 5 years
before the date of enactment of this Act and files a claim
for compensation under this section with the Special Master,
appointed pursuant to subsection (c), shall be awarded
monetary compensation as described in subsection (b) if--
(1) the Special Master determines that the claimant is or
was a resident or an immediate heir (as determined by the
laws of Puerto Rico) of a deceased claimant on the island of
Vieques, Puerto Rico, during or after the United States
Government used the island of Vieques, Puerto Rico, for
military readiness;
(2) the claimant previously filed a lawsuit or an
administrative claim, or files a claim not later than 180
days after the date of the enactment of this Act against the
United States Government for personal injury, including
illness or death arising from use by the United States
Government of the island of Vieques for military readiness;
and
(3) the claimant produces evidence to the Special Master
sufficient to show that a causal relationship exists between
the claimant's chronic, life-threatening, or physical disease
or illness limited to cancer, hypertension, cirrhosis, kidney
disease, diabetes, or a heavy metal poisoning and the United
States Government's use of the island of Vieques, Puerto
Rico, for military readiness, or that a causal relationship
is at least as likely as not, which may be in the form of a
sworn claimant affidavit stating the years the claimant lived
on Vieques and the disease or illness with which the claimant
has been diagnosed and which may be supplemented with
additional information, including a medical professional
certification, at the request of the Special Master.
(b) Amounts of Award.--
(1) In general.--A claimant who meets the requirements of
subsection (a) shall be awarded compensation as follows:
(A) $50,000 for 1 disease described in subsection (a)(3).
(B) $80,000 for 2 diseases described in subsection (a)(3).
(C) $110,000 for 3 or more diseases described in subsection
(a)(3).
(2) Increase in award.--In the case that an individual
receiving an award under paragraph (1) of this subsection
contracts another disease under subsection (a)(3) and files a
new claim with the Special Master for an additional award not
later than 10 years after the date of the enactment of this
Act, the Special Master may award the individual an amount
that is equal to the difference between--
(A) the amount that the individual would have been eligible
to receive had the disease been contracted before the
individual filed an initial claim under subsection (a); and
(B) the amount received by the individual pursuant to
paragraph (1).
(3) Deceased claimants.--In the case of an individual who
dies before making a claim under this section or a claimant
who dies before receiving an award under this section, any
immediate heir to the individual or claimant, as determined
by the laws of Puerto Rico, shall be eligible for one of the
following awards:
(A) Compensation in accordance with paragraph (1), divided
among any such heir.
(B) Compensation based on the age of the deceased if the
claimant produces evidence sufficient to conclude that a
causal relationship exists between the United States Military
activity and the death of the individual or that a causal
relationship is as likely as not as follows:
(i) In the case of an individual or claimant who dies
before attaining 20 years of age, $110,000, divided among any
such heir.
(ii) In the case of an individual or claimant who dies
before attaining 40 years of age, $80,000, divided among any
such heir.
(iii) In the case of an individual or claimant who dies
before attaining 60 years of age, $50,000, divided among any
such heir.
(c) Appointment of Special Master.--
(1) In general.--The Attorney General shall appoint a
Special Master not later than 90 days after the date of the
enactment of this Act to consider claims by individuals and
the municipality.
(2) Qualifications.--The Attorney General shall consider
the following in choosing the Special Master:
(A) The individual's experience in the processing of
victims' claims in relation to foreign or domestic
governments.
(B) The individual's balance of experience in representing
the interests of the United States and individual claimants.
(C) The individual's experience in matters of national
security.
(D) The individual's demonstrated abilities in
investigation and fact findings in complex factual matters.
(E) Any experience the individual has had advising the
United States Government.
(d) Award Amounts Related to Claims by the Municipality of
Vieques.--
(1) Award.--The Special Master, in exchange for its
administrative claims, shall provide the following as
compensation to the Municipality of Vieques:
(A) Staff.--The Special Master shall provide medical staff,
and other resources necessary to build and operate a level
three trauma center (in this section, referred to as
``medical facility'') with a cancer center and renal dialysis
unit and its equipment. The medical facility shall be able to
treat life-threatening, chronic, heavy metal, and physical
and mental diseases. The medical facility shall be able to
provide basic x-ray, EKG, internal medicine expertise,
medical coordination personnel and case managers, ultrasound,
and resources necessary to screen claimants described in
subsection (a) who are receiving treatment for the diseases
or illnesses described in paragraph (3) of that subsection
for cancer and the other prevailing health problems.
(B) Operations.--The Special Master shall fund the
operations of the medical facility to provide medical care
for pediatric and adult patients who reside on the island of
Vieques, allowing the patients to be referred for tertiary
and quaternary health care facilities when necessary, and
providing the transportation and medical costs when traveling
off the island of Vieques.
(C) Interim services.--Before the medical facility on the
island of Vieques is operational, the Special Master shall
provide to claimants described in subsection (a) who are
receiving treatment for the diseases or illnesses described
in paragraph (3) of that subsection--
(i) urgent health care air transport to hospitals on the
mainland of Puerto Rico from the island of Vieques;
(ii) medical coordination personnel and case managers;
(iii) telemedicine communication abilities; and
(iv) any other services that are necessary to alleviate the
health crisis on the island of Vieques.
(D) Screening.--The Special Master shall make available, at
no cost to the patient, medical screening for cancer,
cirrhosis, diabetes, and heavy metal contamination on the
island of Vieques.
(E) Academic partner.--The Special Master shall appoint an
academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
that shall--
(i) lead a research and outreach endeavor on behalf of the
Municipality of Vieques;
(ii) select the appropriate scientific expertise and
administer defined studies, conducting testing and evaluation
of the soils, seas, plant and animal food sources, and the
health of residents; and
(iii) determine and implement the most efficient and
effective way to reduce the environmental toxins to a level
sufficient to return the soils, seas, food sources, and
health circumstances to a level that reduces the
[[Page S5259]]
diseases on the island of Vieques to the average in the
United States.
(F) Duties.--The Special Master shall provide amounts
necessary for the academic partner and medical coordinator to
carry out the duties described in subparagraphs (A) through
(D).
(G) Procurement.--The Special Master shall provide amounts
necessary to compensate the Municipality of Vieques for--
(i) contractual procurement obligations and additional
expenses incurred by the municipality as a result of the
enactment of this section and settlement of its claim; and
(ii) any other damages and costs to be incurred by the
municipality, if the Special Master determines that it is
necessary to carry out the purpose of this section.
(H) Power source.--The Special Master shall determine the
best source of producing independent power on the island of
Vieques that is hurricane resilient and can effectively
sustain the needs of the island and shall authorize such
construction as an award to the Municipality of Vieques.
(2) Source.--
(A) In general.--Except as provided in subparagraph (B),
amounts awarded under this division shall be made from
amounts appropriated under section 1304 of title 31, United
States Code, commonly known as the ``Judgment Fund'', as if
claims were adjudicated by a United States District Court
under section 1346(b) of title 28, United States Code.
(B) Limitation.--Total amounts awarded under this division
shall not exceed $1,000,000,000.
(3) Determination and payment of claims.--
(A) Establishment of filing procedures.--The Attorney
General shall establish procedures whereby individuals and
the municipality may submit claims for payments under this
section to the Special Master.
(B) Determination of claims.--The Special Master shall, in
accordance with this subsection, determine whether each claim
meets the requirements of this section. Claims filed by
residents of the island of Vieques that have been disposed of
by a court under chapter 171 of title 28, United States Code,
shall be treated as if such claims are currently filed.
(e) Action on Claims.--The Special Master shall make a
determination on any claim filed under the procedures
established under this section not later than 150 days after
the date on which the claim is filed.
(f) Payment in Full Settlement of Claims by Individuals and
the Municipality of Vieques Against the United States.--The
acceptance by an individual or the Municipality of Vieques of
a payment of an award under this section shall--
(1) be final and conclusive;
(2) be deemed to be in full satisfaction of all claims
under chapter 171 of title 28, United States Code; and
(3) constitute a complete release by the individual or
municipality of such claim against the United States and
against any employee of the United States acting in the scope
of employment who is involved in the matter giving rise to
the claim.
(g) Certification of Treatment of Payments Under Other
Laws.--Amounts paid to an individual under this section--
(1) shall be treated for purposes of the laws of the United
States as damages for human suffering; and
(2) may not be included as income or resources for purposes
of determining eligibility to receive benefits described in
section 3803(c)(2)(C) of title 31, United States Code, or the
amount of such benefits.
(h) Limitation on Claims.--A claim to which this section
applies shall be barred unless the claim is filed within 15
years after the date of the enactment of this Act.
(i) Attorney's Fees.--Notwithstanding any contract, a
representative of an individual may not receive, for services
rendered in connection with a claim of the individual under
this division, more than 10 percent of a payment made under
this division.
______
SA 3001. 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 (referred to in this section as the
``Secretary''), in coordination with the heads of other
relevant agencies, 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 related 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, as determined by the
Secretary with consideration given to 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, in coordination with the
heads of other relevant agencies, 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, and as appropriate, 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 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, in consultation with the heads of agencies with
which the Secretary coordinates under subsection (b), shall
submit a report to the relevant congressional committees 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 and the heads of other
relevant agencies, 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 in this
subsection shall be construed to relieve the Secretary from
its reporting obligation under subsection (c).
______
SA 3002. 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.
[[Page S5260]]
(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.--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--
(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--
[[Page S5261]]
(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 3003. Mr. WARNER (for himself, Mr. Rounds, Mr. Reed, 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 appropriate place, insert the following:
SEC. ___. TERRORIST FINANCING PREVENTION.
(a) Definitions.--In this section:
(1) Digital asset.--Except as provided by the Secretary by
rule, the term ``digital asset'' means any digital
representation of value that is recorded on a
cryptographically secured distributed ledger or any similar
technology.
(2) Foreign digital asset platform.--The term ``foreign
digital asset platform'' means any foreign person or group of
foreign persons that, as determined by the Secretary, engages
in facilitating the exchange, purchase, sale, custody,
transfer, issuance, or lending of digital assets.
(3) 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.
(4) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(6) Specially designated global terrorist; specially
designated global terrorist organization.--The terms
``specially designated global terrorist'' and ``specially
designated global terrorist organization'' mean an individual
or organization, respectively, that has been designated as a
specially designated global terrorist by the Secretary of
State, 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).
(7) 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.
(8) 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); or
(B) any foreign person 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, 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.).
(9) 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 foreign person 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, 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.).
(10) 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 global
terrorist organization; or
(B) any foreign person 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, 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.).
(b) Sanctions With Respect to Foreign Financial
Institutions and Foreign Digital Asset Platforms 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, in consultation with the Secretary
of State, shall, to the fullest extent possible, identify and
submit to the President a report identifying any foreign
financial institution or foreign digital asset platform that
has knowingly--
(A) facilitated a significant transaction with--
(i) the Islamic Revolutionary Guards Corps;
(ii) Hamas;
(iii) Palestinian Islamic Jihad;
(iv) Yemeni Houthis;
(v) any person identified as a specially designated global
terrorist on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury and 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.);
(vi) a specially designated global terrorist organization;
or
(vii) 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 with respect to a foreign
financial institution or foreign digital asset platform.--The
President may impose 1 or more of the sanctions described in
paragraph (3) with respect to a foreign financial institution
or foreign digital asset platform identified under paragraph
(1).
(3) Sanctions described.--
(A) Blocking of property, digital assets, and related
technologies.--The President may, pursuant to 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 foreign financial
institution or foreign digital asset platform 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) Restrictions on providing accounts.--The President may
prohibit, or impose conditions on, the opening or maintaining
in the United States of an operational or business account at
a financial institution by the foreign financial institution
or foreign digital asset platform.
(C) Inclusion on entity list.--The President may include
the foreign financial institution or foreign digital asset
platform 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, for activities contrary to the national
security or foreign policy interests of the United States.
(D) Loans from united states financial institutions.--The
President may prohibit any United States financial
institution from making loans or providing credits to the
foreign financial institution or foreign digital asset
platform in an amount totaling more than $10,000,000 in any
12-month period unless the foreign financial institution or
foreign digital asset platform is engaged in activities to
relieve human suffering and the loans or credits are provided
for such activities.
(E) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement
of, any goods or services from the foreign financial
institution or foreign digital asset platform.
(F) 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 the foreign
financial institution or foreign digital asset platform has
any interest.
(G) Financial institution 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 foreign financial institution or
foreign digital asset platform.
(H) Ban on investment in platform.--The President may,
pursuant to such regulations or guidelines as the President
may prescribe, prohibit any United States person from
investing in or purchasing significant amounts of equity or
debt instruments of the foreign financial institution or
foreign digital asset platform, or from investing in or
purchasing significant amounts of any digital assets
[[Page S5262]]
issued by the foreign financial institution or foreign
digital asset platform.
(I) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign financial institution or foreign
digital asset platform, or on individuals performing similar
functions and with similar authorities as such officer or
officers, any of the sanctions under this paragraph.
(4) 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 subsection.
(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.
(5) Waiver for national security.--The President may waive
the imposition of sanctions under this subsection with
respect to a person if the President--
(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) Exceptions.--
(A) 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.
(B) Law enforcement activities.--Sanctions under this
section shall not apply with respect to any authorized law
enforcement activities of the United States.
(C) United states government activities.--Nothing this
subsection shall prohibit transactions for the conduct of the
official business of the Federal Government by employees,
grantees, or contractors thereof.
(7) Rule of construction.--Nothing in this subsection shall
be construed to authorize the imposition of any sanction
pursuant to paragraph (2) on a United States person.
(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 with respect to terrorist
financing, 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.
______
SA 3004. 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.
[[Page S5263]]
(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.
(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.
(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 head of a Federal agency may provide to the
Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out
its responsibilities under this subtitle.
(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 3005. 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 E of title III, add the following:
SEC. 345. REPORT ON NAVAL WARFARE CENTERS.
Not later than January 31, 2026, the Secretary of the Navy
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the state
of the Naval Warfare Centers of the Department of the Navy,
including--
(1) the material condition of the facilities;
(2) hiring and retention at the facilities as of the date
of the report; and
(3) a plan to remain relevant, competitive, and technically
advanced through 2050, including any additional resources
required.
______
SA 3006. Mr. KAINE (for himself, Mrs. Fischer, Mr. Cotton, 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 B of title XXXI, add the following:
SEC. 3123. 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 amendment to 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, 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 applicable 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 3007. 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.--
[[Page S5264]]
(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.
(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
earlier 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 appropriate 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 and
the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003));''.
(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 3008. 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.
[[Page S5265]]
(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 3009. 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 INTELLIGENCE ASSESSMENTS 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 INTELLIGENCE ASSESSMENTS ON CERTAIN
EFFECTS OF CLIMATE CHANGE.
``(a) Requirement.--Not later than the date that is 6 years
after the date of the enactment of this section, and on a
basis that is not less frequent than once every 6 years
thereafter, the Director of National Intelligence, acting
through the National Intelligence Council, shall--
``(1) produce an intelligence assessment on the national
security and economic security effects of climate change; and
``(2) submit to the congressional intelligence committees
such intelligence assessment.
``(b) Form.--Each intelligence assessment under subsection
(a)(2) may be submitted in classified form, but if so
submitted, shall include an unclassified executive
summary.''.
______
SA 3010. Mr. HICKENLOOPER (for himself, Mr. Romney, Mr. Lujan, Mr.
Bennet, 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 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'';
[[Page S5266]]
(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 over the period of fiscal years 2024
through 2031 shall be accepted under subparagraph (A) and
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 3011. 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, in
consultation with the Administrator of the National
Aeronautics and Space Administration, shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on cooperation efforts between the
Department 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 3012. 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
[[Page S5267]]
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.
(d) Rule of Construction.--Nothing in this section shall be
construed to require the Attorney General to disclose
confidential, classified, law enforcement sensitive, or
otherwise protected information, including information about
ongoing Federal litigation, investigations, or operations, in
the report under subsection (a).
______
SA 3013. 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 appropriate place, insert the following:
SEC. __. FEDERAL STANDARDS FOR ARTIFICIAL INTELLIGENCE.
(a) In General.--Division E of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4523) is amended by
inserting after section 5303 the following new section:
``SEC. 5304. FEDERAL STANDARDS FOR ARTIFICIAL INTELLIGENCE.
``(a) In General.--The Director of the National Institute
of Standards and Technology shall--
``(1) develop standards and guidelines, including minimum
requirements, for artificial intelligence systems used or
operated by an agency or by a contractor of an agency or
other organization on behalf of an agency, other than
national security systems;
``(2) develop standards and guidelines, including minimum
requirements, for managing risks associated with artificial
intelligence systems for all agency operations and assets,
but such standards and guidelines shall not apply to national
security systems;
``(3) develop standards and guidelines, including minimum
requirements, for authenticating, tracking provenance, and
labeling synthetic content generated by an agency or by a
contractor of an agency or other organization on behalf of an
agency, other than national security systems; and
``(4) conduct research and analysis pursuant to section
5301 of this Act to inform the development of standards and
guidelines for activities described in this section.
``(b) Standards and Guidelines.--In developing standards
and guidelines required by subsections (a), the Director
shall--
``(1) provide standards and guidelines, practices,
profiles, and tools consistent with the framework, and
information on how agencies can leverage the framework to
reduce risks caused by agency implementation in the
development, procurement, and use of artificial intelligence
systems;
``(2) provide standards and guidelines that--
``(A) are consistent with the framework, successor
document, or technical standard that is functionally
equivalent to the framework;
``(B) are consistent with Circular A-119 of the Office of
Management and Budget, or successor circular; and
``(C) enable conformity assessment;
``(3) recommend training on standards and guidelines for
each agency responsible for procuring artificial
intelligence;
``(4) develop and periodically revise performance
indicators and measures for agency artificial intelligence
related standards and guidelines;
``(5) provide standards and guidelines, including minimum
requirements, for developing profiles for agency use of
artificial intelligence consistent with the framework;
``(6) develop profiles for framework use for an entity that
is a small business concern (as defined in section 3 of the
Small Business Act (15 U.S.C. 632));
``(7) evaluate artificial intelligence policies and
practices developed for national security systems to assess
potential application by agencies to strengthen risk
management of artificial intelligence systems; and
``(8) periodically assess the effectiveness of standards
and guidelines developed under this section and undertake
revisions as appropriate.
``(c) Readiness.--For standards and guidelines developed
pursuant to subsection (a) that are deemed by the Director to
be at a readiness level sufficient for standardization, the
Director--
``(1) shall submit standards and guidelines to the
Secretary of Commerce for promulgation under section 11331 of
title 40;
``(2) where practicable and appropriate, shall provide
technical review and assistance to agencies; and
``(3) shall evaluate the effectiveness and sufficiency of,
and challenges to, agencies' implementation of standards and
guidelines developed under this section and standards and
guidelines promulgated under section 11331 of title 40.
``(d) Testing and Evaluation of Artificial Intelligence
Acquisitions.--
``(1) Study.--Subject to the availability of
appropriations, the Director shall complete a study to review
the existing and forthcoming voluntary technical standards
for the test, evaluation, verification, and validation of
artificial intelligence acquisitions.
``(2) Testing and evaluation standards.--Not later than 90
days after the date of the completion of the study required
by paragraph (1), the Director shall--
``(A) convene relevant stakeholders to facilitate the
development of technical standards for the test, evaluation,
verification, and validation of artificial intelligence
acquisitions;
``(B) develop standards and guidelines for the conduct of
test, evaluation, verification, and validation of artificial
intelligence acquisitions pursuant to this section;
``(C) review and make recommendations to the head of each
agency on risk management policies and principles for
relevant artificial intelligence acquisitions; and
``(D) continuously update the standards and guidelines
described in this paragraph.
``(e) Definitions.--In this section:
``(1) The term `agency' means any department, independent
establishment, Government corporation, or other agency of the
executive branch of the Federal Government.
``(2) The term `artificial intelligence system' has the
meaning given such term in section 7223 of the Advancing
American AI Act (40 U.S.C. 11301 note).
``(3) The term `Director' means the Director of the
National Institute of Standards and Technology.
``(4) The term `framework' means 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)).
``(5) The term `national security system' has the meaning
givne such term in section 3552(b)(6) of title 44, United
States Code.
``(6) The term `profile' means an implementation of the
artificial intelligence risk management functions,
categories, and subcategories for a specific setting or
application based on the requirements, risk tolerance, and
resources of the framework user.
``(7) 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 artificial intelligence.''.
(b) Clerical Amendment.--The table of contents in section
2(b) of such Act is amended by inserting after the item
relating to section 5303 the following new item:
``Sec. 5304. Federal standards for artificial intelligence.''.
______
SA 3014. 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. OFFICE OF AQUACULTURE AND WILD SEAFOOD POLICY AND
PROGRAM INTEGRATION.
Subtitle B of title VI of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7651 et
seq.) is amended by adding at the end the following:
``SEC. 621. OFFICE OF AQUACULTURE AND WILD SEAFOOD POLICY AND
PROGRAM INTEGRATION.
``(a) Purpose.--The purpose of this section is to establish
an Office of Aquaculture and Wild Seafood Policy and Program
Integration to provide for the effective coordination of
aquaculture and wild seafood policies and activities within
the Department, and in coordination with the Secretary of
Commerce, the United States Trade Representative, the
Commissioner of Food and Drugs, and the heads of other
necessary Federal agencies relating to the support of
domestically harvested and processed wild seafood and
aquaculture products and aquaculture operations.
``(b) Definitions.--In this section:
``(1) Aquaculture.--The term `aquaculture' has the meaning
given the term in section 3 of the National Aquaculture Act
of 1980 (16 U.S.C. 2802).
``(2) Aquaculture product.--The term `aquaculture product'
means a farm-raised aquatic or marine animal cultivated in
the United States, including--
``(A) shellfish (including oysters, clams, and mussels);
``(B) micro- and macro-algae;
``(C) animals cultivated within land-based systems; and
``(D) other animals, as determined by the Secretary, in
consultation with the Secretary of Commerce and the heads of
other Federal agencies, as applicable.
``(3) Director.--The term `Director' means the Director of
the Office appointed under subsection (c)(2).
[[Page S5268]]
``(4) Office.--The term `Office' means the Office of
Aquaculture and Wild Seafood Policy and Program Integration
established under subsection (c)(1).
``(5) Wild seafood.--
``(A) In general.--The term `wild seafood' means a natural-
born or hatchery-raised finfish, mollusk, crustacean, or
other form of aquatic animal life that is--
``(i) harvested from a natural habitat; and
``(ii) used for human consumption.
``(B) Inclusions.--The term `wild seafood' includes--
``(i) a fillet, a steak, a nugget, and any other flesh from
wild fish or shellfish;
``(ii) fish oil; and
``(iii) any other nonflesh product of wild fish or
shellfish.
``(C) Exclusions.--The term `wild seafood' does not
include--
``(i) marine mammals; or
``(ii) seabirds.
``(c) Establishment.--
``(1) In general.--The Secretary shall establish in the
Office of the Chief Economist an office, to be known as the
`Office of Aquaculture and Wild Seafood Policy and Program
Integration'.
``(2) Director.--The Office shall be headed by a Director
of Aquaculture and Wild Seafood Policy and Program
Integration, who shall be appointed by the Secretary.
``(d) Responsibilities.--The Office shall be responsible
for--
``(1) the development and coordination of Department and
interagency policy on wild seafood and aquaculture products,
including technological and policy input, advice on wild
seafood and aquaculture issues, and support for aquaculture-
and wild seafood-producing operations that promote United
States food security;
``(2) providing strategic oversight, planning,
implementation, communication, and coordination of Department
and interagency activities for wild seafood and aquaculture
products--
``(A) to strengthen United States wild seafood and
aquaculture production and supply chains;
``(B) to facilitate wild seafood and aquaculture product
research and nutrition science;
``(C) to maintain, develop, and expand markets for wild
seafood, wild seafood products, and aquaculture products;
``(D) to incorporate wild seafood and aquaculture
production into economic analyses, reviews, and forecasts, in
coordination with the National Oceanic and Atmospheric
Administration and other relevant Federal agencies;
``(E) to integrate United States wild seafood and
aquaculture production into Federal policy strategies and
relevant programs of the Department to ensure--
``(i) food system security and climate-resilient food
production;
``(ii) rural business development to support food security
and wild seafood and aquaculture production; and
``(iii) wild seafood and aquaculture product nutrition and
consumption education activities;
``(F) to engage in stakeholder relations and develop
external partnerships relating to sustainable wild seafood
harvest and aquaculture practices and to oversee extension
and outreach efforts to support aquaculture and wild seafood
producers and businesses; and
``(G) to identify common State and municipal best practices
for navigating local policies relating to wild seafood and
aquaculture production and marketing;
``(3) providing scientific and policy analysis to advise
the Secretary and the Chief Economist regarding the
development, availability, promotion, and use of domestically
produced wild seafood and aquaculture products in Department
programs and policies;
``(4) identifying opportunities to provide integrated
access for United States wild seafood and aquaculture
producers to Department programs to more efficiently and
effectively--
``(A) support the modernization and development of--
``(i) consumer education and outreach on the health and
nutrition benefits of wild seafood and aquaculture product
consumption;
``(ii) harvesting and production technologies and processes
that minimize waste and reduce environmental impacts;
``(iii) value-added wild seafood and aquaculture product
processing and product development;
``(iv) infrastructure capacity to support the harvesting
and production of wild seafood and aquaculture products in
rural communities; and
``(v) technical assistance relating to best practices for
aquaculture producers and businesses, including for
shellfish, algae, and land-based systems--
``(I) using the best available science; and
``(II) in coordination with the National Oceanic and
Atmospheric Administration and other relevant Federal
agencies;
``(B) strengthen capacity for local and regional wild
seafood and aquaculture system development through community
collaboration and expansion of local and regional supply
chains;
``(C) work to improve income and economic opportunities for
wild seafood and aquaculture producers and food businesses
through job creation and improved regional food system
infrastructure, especially in rural communities;
``(D) serve as a conduit of information regarding
Department application eligibility and processes to support
aquaculture products and domestically harvested wild seafood
in all applicable Department programs, including food
commodity promotion, producer assistance, risk mitigation,
and disaster programs; and
``(E) increase access to, and use of, seafood (including
wild seafood and aquaculture products) in the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) to levels
commensurate with Food and Drug Administration dietary
guidelines;
``(5) collecting and disseminating data relating to
aquaculture and wild seafood production, in coordination with
the National Oceanic and Atmospheric Administration and other
relevant Federal agencies; and
``(6) performing such other functions as may be required by
law or prescribed by the Secretary.
``(e) Interagency Agreement for Coordination.--
``(1) In general.--In support of the responsibilities
described in subsection (d), the Office shall provide
leadership to ensure coordination of interagency activities
with the National Oceanic and Atmospheric Administration, the
United States Trade Representative, the Environmental
Protection Agency, the Office of Science and Technology
Policy, and other Federal and State agencies.
``(2) Interagency agreement.--
``(A) In general.--The Office shall develop an agreement to
be entered into between the Department and the National
Oceanic and Atmospheric Administration to enhance wild
seafood and aquaculture purchases through the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.).
``(B) Requirements.--The agreement under subparagraph (A)
shall establish information-sharing protocols, including
sharing with the Department the list of domestic seafood
vendors of the National Oceanic and Atmospheric
Administration.
``(f) Outreach.--The Office shall consult with wild seafood
harvesters and aquaculture producers that may be affected by
policies or actions of the Department, as necessary, in
carrying out the responsibilities of the Office described in
subsection (d).
``(g) Aquaculture Advisory Committee.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish
an advisory committee, to be known as the `Aquaculture
Advisory Committee' (referred to in this subsection as the
`Committee'), to advise the Secretary with respect to--
``(A) the development of policies and outreach relating to
sustainable aquaculture practices;
``(B) the history, use, and preservation of indigenous and
traditional aquaculture practices and ecological knowledge;
and
``(C) any other aspects relating to the implementation of
this section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed of 14
members, to be appointed by the Secretary, of whom--
``(i) 1 shall be a representative of the Department, who
shall serve as chairperson of the Committee;
``(ii) 4 shall be aquaculture producers who employ best
practices and limit adverse effects that result from the
operations of the aquaculture producers;
``(iii) 2 shall be representatives of Indian Tribes, Tribal
organizations, or Native Hawaiian organizations;
``(iv) 1 shall be a representative of a State or interstate
commission;
``(v) 1 shall be a representative of an institution of
higher education or an extension program;
``(vi) 1 shall be a representative of a nonprofit
organization, which may include a public health,
environmental, or community organization;
``(vii) 1 shall be a representative of a relevant port,
coastal, or waterfront community;
``(viii) 1 shall be an individual with--
``(I) supply chain experience, which may include experience
relating to a food aggregator, a wholesale food distributor,
or a food hub; or
``(II) direct-to-consumer market experience;
``(ix) 1 shall be an individual with experience or
expertise relating to aquaculture production practices, as
determined by the Secretary; and
``(x) 1 shall be a representative of aquaculture end-users,
including a chef, a member of the food service industry, or a
grocer.
``(B) Initial appointments.--The Secretary shall appoint
the initial members of the Committee not later than 180 days
after the date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in subparagraph
(B)(i), a member of the Committee shall be appointed for a
term of 3 years.
``(B) Initial appointments.--
``(i) Terms of service.--Of the members initially appointed
to the Committee under paragraph (2)(B), as the Secretary
determines to be appropriate--
``(I) 5 shall be appointed for a term of 3 years;
``(II) 5 shall be appointed for a term of 2 years; and
``(III) 4 shall be appointed for a term of 1 year.
``(ii) Consecutive terms.--A member initially appointed to
the Committee may serve
[[Page S5269]]
an additional consecutive term if the member is reappointed
by the Secretary.
``(C) Vacancies.--Any vacancy on the Committee--
``(i) shall not affect the powers of the Committee; and
``(ii) shall be filled as soon as practicable in the same
manner as the original appointment.
``(4) Meetings.--
``(A) Frequency.--The Committee shall meet not fewer than 3
times per year.
``(B) Initial meeting.--Not later than 180 days after the
date on which the members are appointed under paragraph
(2)(B), the Committee shall hold the first meeting of the
Committee.
``(5) Duties.--
``(A) In general.--The Committee shall--
``(i) develop recommendations and advise the Director with
respect to aquaculture policies, initiatives, and outreach
administered by the Office;
``(ii) evaluate and review ongoing research and extension
activities relating to aquaculture practices;
``(iii) identify new and existing barriers to successful
aquaculture practices; and
``(iv) provide to the Director additional assistance and
advice, as appropriate.
``(B) Reports.--Not later than 1 year after the date on
which the Committee is established, and every 2 years
thereafter through 2028, the Committee shall submit a report
describing the recommendations developed under subparagraph
(A) to--
``(i) the Secretary;
``(ii) the Committees on Agriculture, Nutrition, and
Forestry and Commerce, Science, and Transportation of the
Senate; and
``(iii) the Committees on Agriculture and Natural Resources
of the House of Representatives.
``(6) Personnel matters.--
``(A) Compensation.--A member of the Committee shall serve
without compensation.
``(B) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5,
United States Code.
``(7) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years after
the date on which the members are appointed under paragraph
(2)(B).
``(B) Extensions.--Before the date on which the Committee
terminates, the Secretary may renew the Committee for 1 or
more 2-year periods.
``(h) Wild Seafood Advisory Committee.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish
an advisory committee, to be known as the `Wild Seafood
Advisory Committee' (referred to in this subsection as the
`Committee'), to advise the Secretary with respect to--
``(A) the development of policies and outreach relating to
sustainable wild seafood product support and practices;
``(B) the history, use, and preservation of indigenous and
traditional aquaculture practices and ecological knowledge;
and
``(C) any other aspects relating to the implementation of
this section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed of 14
members, to be appointed by the Secretary in a manner that
ensures--
``(i) balanced representation among--
``(I) commercial harvesters and processors of wild seafood;
``(II) consumer, academic, Tribal, governmental, and supply
chain experts; and
``(III) experts in other interest areas; and
``(ii) geographic diversity.
``(B) Qualifications.--Each member of the Committee shall
have expertise or experience relating to 1 or more of the
following:
``(i) Harvesting wild seafood.
``(ii) Processing or marketing wild seafood or wild seafood
products.
``(iii) Holding a leadership role in a national, State, or
regional organization representing wild seafood interests or
seafood commodity interests.
``(iv) Representing consumers of wild seafood or wild
seafood products through active, sustained participation in a
local, State, or national organization.
``(v) Teaching, writing, researching, or consulting on
matters relating to wild seafood as a food commodity.
``(vi) Public health, environmental, or community
organizations.
``(vii) Wild seafood-producing port, coastal, or waterfront
communities.
``(viii) Supply chains, which may include a food
aggregator, wholesale food distributor, or food hub.
``(ix) Direct-to-consumer markets.
``(C) Initial appointments.--The Secretary shall appoint
the initial members of the Committee not later than 180 days
after the date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in subparagraph
(B)(i), a member of the Committee shall be appointed for a
term of 3 years.
``(B) Initial appointments.--
``(i) Terms of service.--The Secretary shall ensure that
the terms of the members initially appointed to the Committee
under paragraph (2)(B) are staggered such that the terms of
not more than approximately \1/3\ of the membership of the
Committee shall expire during any single year.
``(ii) Consecutive terms.--A member initially appointed to
the Committee may serve an additional consecutive term if the
member is reappointed by the Secretary.
``(C) Vacancies.--Any vacancy on the Committee--
``(i) shall not affect the powers of the Committee; and
``(ii) shall be filled as soon as practicable in the same
manner as the original appointment.
``(4) Chairperson; vice chairperson.--The Secretary shall
designate a chairperson and vice chairperson from among the
members of the Committee.
``(5) Meetings.--
``(A) Frequency.--The Committee shall meet at least 1 time
per year.
``(B) Initial meeting.--Not later than 180 days after the
date on which the members are appointed under paragraph
(2)(B), the Committee shall hold the first meeting of the
Committee.
``(6) Duties.--
``(A) In general.--The Committee shall--
``(i) develop recommendations and advise the Director with
respect to wild seafood policies, initiatives, and outreach
administered by the Office;
``(ii) evaluate and review ongoing research, support
efforts, and other activities relating to wild seafood
production and supply chains;
``(iii) identify new and existing barriers to successful
wild seafood food production and distribution; and
``(iv) provide additional assistance and advice to the
Director as appropriate.
``(B) Reports.--Not later than 2 years after the date on
which the Committee is established, and every 2 years
thereafter through 2028, the Committee shall submit a report
describing the recommendations developed under subparagraph
(A) to--
``(i) the Secretary;
``(ii) the Committees on Agriculture, Nutrition, and
Forestry and Commerce, Science, and Transportation of the
Senate; and
``(iii) the Committees on Agriculture and Natural Resources
of the House of Representatives.
``(7) Personnel matters.--
``(A) Compensation.--A member of the Committee shall serve
without compensation.
``(B) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5,
United States Code.
``(8) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years after
the date on which the members are appointed under paragraph
(2)(B).
``(B) Extensions.--Before the date on which the Committee
terminates, the Secretary may renew the Committee for 1 or
more 2-year periods.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $10,000,000 for each of fiscal years 2025 through
2028; and
``(2) such sums as are necessary for each of fiscal years
2029 through 2033.''.
______
SA 3015. 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) Short Title.--This section may be cited as the ``Border
Security Coordination and Improvement Act''.
(b) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives; and
(4) the Committee on Armed Services of the House of
Representatives.
(c) In General.--The Secretary of Homeland Security shall
make every effort to submit to the Department of Defense a
request for assistance along the southern border of the
United States not later than 180 days before the requested
date such assistance would begin.
(d) Contents.--A request for assistance submitted in
accordance with subsection (c) 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.
(e) 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 a
notification to the appropriate congressional committees that
describes--
[[Page S5270]]
(A) the 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;
(B) the progress made 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;
(C) the number of days before the beginning of requested
assistance that any request for assistance was submitted to
the Department of Defense during the previous 90 days; and
(D) in the case of any request for assistance submitted
after the date that is 180 days before the requested date of
the beginning of Department of Defense assistance, the reason
such request for assistance was submitted after such date.
(2) Notification of transmittal.--Upon submitting a request
for assistance to the Department of Defense, the Secretary of
Homeland Security shall notify the appropriate congressional
committees of such submission, which shall include--
(A) a copy of such request for assistance;
(B) the number of days after the date of such request that
assistance would begin;
(C) a description of the reasons such requested assistance
was necessary;
(D) a description of the personnel, capabilities, and
resources the Department of Homeland Security would need to
render the request for assistance unnecessary, and the
associated costs of such personnel, capabilities, and
resources;
(E) the Department of Homeland Security's efforts to obtain
the personnel, capabilities, and resources described in
subparagraph (D); and
(F) if the Department of Homeland Security did not commit
to reimburse the Department of Defense for its assistance --
(i) the reasons for such failure to commit;
(ii) a description of the estimated amount necessary to
reimburse the Department of Defense for such assistance; and
(iii) a description of the Department of Homeland
Security's efforts to ensure that the Department of Homeland
Security has sufficient funds to commit to reimbursing the
Department of Defense for future assistance.
______
SA 3016. 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 XII, insert the
following:
SEC. 12___. 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').''.
______
SA 3017. Mr. CARPER (for himself and Mrs. Capito) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe 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
[[Page S5271]]
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 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.
[[Page S5272]]
``(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.
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.
[[Page S5273]]
(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.
``(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
[[Page S5274]]
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.
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.
[[Page S5275]]
(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.
(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.--
[[Page S5276]]
``(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.
(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, Amite
River and tributaries, Louisiana.
(13) Project for flood and coastal storm risk management,
Puerto Rico Coastal Study, Puerto Rico.
(14) Project for coastal storm risk management, Baltimore,
Maryland.
(15) Project for water supply reallocation, Stockton Lake
Reallocation Study, Missouri.
(16) Project for ecosystem restoration, Hatchie-
Loosahatchie Mississippi River, Tennessee and Arkansas.
(17) 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.
[[Page S5277]]
(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.
``(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
[[Page S5278]]
(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.
(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.
[[Page S5279]]
``(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 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
[[Page S5280]]
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.
(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.
[[Page S5281]]
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)).
(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
[[Page S5282]]
(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 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--
[[Page S5283]]
(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 (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;
[[Page S5284]]
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet
or greater during the 10-year period beginning on the date of
enactment of this Act;
(3) assess the potential effect of authorizing construction
of a navigation project to a depth of 55 feet at 75 percent
Federal cost on other Federal navigation construction
activities, including estimates of port by port impacts over
the next 5, 10, and 20 years;
(4) estimate the potential increase in Federal costs that
would result from authorizing the construction of the
projects described in paragraph (2), including estimates of
port by port impacts over the next 5, 10, and 20 years; and
(5) subject to subsection (c), describe the potential
budgetary impact to the civil works program of the Corps of
Engineers from authorizing the construction of a navigation
project to a depth of 55 feet at 75 percent Federal cost and
authorizing operation and maintenance of a navigation project
to a depth of 55 feet at Federal expense, including estimates
of port by port impacts over the next 5, 10, and 20 years.
(c) Prior Report.--The Secretary may use information from
the assessment and the report of the Secretary under section
8206 of the Water Resources Development Act of 2022 (136
Stat. 3756) in carrying out subsection (b)(5).
(d) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives, and make publicly available
(including on an existing publicly available website), a
report that describes the results of the assessment carried
out under subsection (a).
SEC. 5242. DEADLINE FOR PREVIOUSLY REQUIRED LIST OF COVERED
PROJECTS.
Notwithstanding the deadline in paragraph (1) of section
8236(c) of the Water Resources Development Act of 2022 (136
Stat. 3769), the Secretary shall submit the list of covered
projects under that paragraph by not later than 30 days after
the date of enactment of this Act.
SEC. 5243. COOPERATION AUTHORITY.
(a) Assessment.--
(1) In general.--The Secretary shall carry out an
assessment of the extent to which the existing authorities
and programs of the Secretary allow the Corps of Engineers to
construct water resources development projects abroad.
(2) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report that--
(A) describes--
(i) the findings of the assessment under paragraph (1);
(ii) how each authority and program assessed under
paragraph (1) has been used by the Secretary to construct
water resources development projects abroad, if applicable;
and
(iii) the extent to which the Secretary partners with other
Federal agencies when carrying out such projects; and
(B) includes any recommendations that result from the
assessment under paragraph (1).
(b) Interagency and International Support Authority.--
Section 234 of the Water Resources Development Act of 1996
(33 U.S.C. 2323a) is amended--
(1) in subsection (c), by inserting ``, including the
planning and design expertise,'' after ``expertise''; and
(2) in subsection (d)(1), by striking ``$1,000,000'' and
inserting ``$2,500,000''.
TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS
SEC. 5301. DEAUTHORIZATIONS.
(a) Truckee Meadows, Nevada.--The project for flood
control, Truckee Meadows, Nevada, authorized by section
3(a)(10) of the Water Resources Development Act of 1988 (102
Stat. 4014) and section 7002(2) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1366) is no longer
authorized beginning on the date of enactment of this Act.
(b) Seattle Harbor, Washington.--
(1) In general.--Beginning on the date of enactment of this
Act, the portion of the project for navigation, Seattle
Harbor, Washington, described in paragraph (2) is no longer
authorized.
(2) Portion described.--The portion of the project referred
to in paragraph (1) is the approximately 74,490 square foot
area of the Federal channel within the East Waterway--
(A) starting at a point on the United States pierhead line
in the southwest corner of block 386 of plat of Seattle
Tidelands, T. 24 N., R. 4. E, sec.18, Willamette Meridian;
(B) thence running N9000'00''W along the projection of the
south line of block 386, 206.58 feet to the centerline of the
East Waterway;
(C) thence running N1430'00''E along the centerline and
parallel with the northwesterly line of block 386, 64.83
feet;
(D) thence running N3332'59''E, 235.85 feet;
(E) thence running N3955'22''E, 128.70 feet;
(F) thence running N1430'00''E, parallel with the
northwesterly line of block 386, 280.45 feet;
(G) thence running N9000'00''E, 70.00 feet to the pierhead
line and the northwesterly line of block 386; and
(H) thence running S1430'00''W, 650.25 feet along the
pierhead line and northwesterly line of block 386 to the
point of beginning.
(c) Cherryfield Dam, Maine.--The project for flood control,
Narraguagus River, Cherryfield Dam, Maine, authorized by, and
constructed pursuant to, section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s) is 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
[[Page S5285]]
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 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) 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''.
(J) 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''.
(K) 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''.
(L) 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''.
(M) 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''.
(N) 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''.
(O) 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''.
(P) 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''.
(Q) 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''.
(R) 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''.
(S) 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
[[Page S5286]]
by striking ``$165,000,000'' and inserting ``$232,000,000''.
(T) 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 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
[[Page S5287]]
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)--
(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
[[Page S5288]]
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 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
[[Page S5289]]
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.
(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
[[Page S5290]]
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;
(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
[[Page S5291]]
(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
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, MINNEAPOLIS,
MINNESOTA.
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 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
(2) 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.
[[Page S5292]]
(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.--
------------------------------------------------------------------------
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
------------------------------------------------------------------------
3. AK Akutan Harbor July 17, 2024 Federal: $68,100,000
Navigational Non-Federal: $1,700,000
Improvements Total: $69,800,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
[[Page S5293]]
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
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
[[Page S5294]]
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 3018. Mrs. FISCHER (for herself and Mr. Tester) 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 MEAT.
(a) In General.--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 meat for human consumption.
(b) Report.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report assessing the
state of research in artificially-produced, cell cultured
cultivated meat.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) Articulation of the requirements, if any, from the
military services or combat support agencies for cultivated
meat for human consumption in the near-term (1-3 years) and
mid-term (4-5 years).
(B) Analysis of the state of maturity of the research in
the cultivated meat market, including the ability of current
research to satisfy any of the requirements articulated under
subparagraph (A), including an assessment of the research of
key allies and adversaries in cultivated meat production.
(C) Any other matters the Secretary determines to be
appropriate.
______
SA 3019. 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 I of title V, add the following:
SEC. 597B. STUDY ON SERVICE ELIGIBILITY.
(a) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall
complete a study on the eligibility of United States citizens
aged 17-24 for military service.
(b) Elements.--The study required under subsection (a)
shall include the following elements:
(1) An analysis of historical trends over at least 30 years
preceding the date of the study of the eligibility of United
States citizens aged 17-24 for military service.
(2) An analysis of the reasons for ineligibility, including
an identification of the percentage of citizens who fail to
meet eligibility standards for each of the following reasons:
(A) Physical fitness.
(B) Drug abuse.
(C) Mental health.
(D) Other medical issues.
(E) Aptitude.
(F) Conduct.
(3) An analysis of the potential impacts of increased rates
of social media usage on the reasons described in
subparagraphs (A) through (F) of paragraph (2).
(4) An analysis of the number of individuals on a yearly
basis who seek a waiver for one or more reasons of
ineligibility, compared to the number of individuals who
receive a waiver and join the relevant military service.
(5) An analysis of the average time it takes for each
military service to process a request for a waiver.
(6) An analysis of the reasons that waivers are not
processed more quickly.
(c) Recommendations.--The study required under subsection
(a) shall include recommendations--
(1) suggesting measures that could be taken by Federal and
State leaders to decrease the percentages of United States
citizens failing to meet eligibility standards described in
subparagraphs (A) through (F) of subsection (b)(2); and
(2) proposing measures that the Department of Defense, and
Congress, could take to improve the waiver process and reduce
wait times for decisions on waiver requests.
(d) Federally Funded Research and Development Center.-- The
Secretary of Defense may contract with a federally funded
research and development center to support the completion of
the study required under subsection (a).
(e) Public Report.--
(1) In general.--Not later than 30 days after the
completion of the study required under subsection (a), the
Secretary of Defense shall publish on a public website of the
Department of Defense a report containing the findings of the
study.
(2) Annex.--The Secretary may submit to the congressional
defense committees a classified or unclassified annex to the
report required under paragraph (1).
SEC. 597C. DEPARTMENT OF DEFENSE MARKETING REVIEW.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
complete a review of the advertising and marketing models
used by each of the military services in support of
recruiting efforts.
(b) Elements.--The review required under subsection (a)
shall--
(1) assess the efficacy of marketing across each type of
platform used by each service, including print, television,
radio, internet, and social media;
(2) assess the efficacy of the messaging used by each
service; and
(3) include recommendations for each service on ways to
better reach individuals who could be interested in military
service.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report containing
the findings of the review described required under
subsection (a).
______
SA 3020. 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. __. ASSESSMENT OF TECHNICAL COLLECTION CAPABILITIES OF
THE PEOPLE'S REPUBLIC OF CHINA AND THE RUSSIAN
FEDERATION LOCATED IN CUBA AND STRATEGY TO
COUNTER SUCH CAPABILITIES.
(a) Assessment.--
(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 Secretary of
Defense, submit to the appropriate committees of Congress an
assessment of the technical collection capabilities of the
People's Republic of China and the Russian Federation located
in Cuba.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An assessment of current technical capabilities and
potential expansion of such technical capabilities.
(B) An assessment of the counterintelligence risks
associated with such technical capabilities, including risks
to operations at United States Naval Station, Guantanamo Bay,
Cuba.
(3) Form.--The assessment required by paragraph (1) may be
submitted in classified form.
(b) Strategy Required.--
[[Page S5295]]
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with the Director of National Intelligence,
submit to the appropriate committees of Congress a strategy
to counter the technical collection capabilities of the
People's Republic of China and the Russian Federation located
in Cuba.
(2) Form.--The strategy required by paragraph (1) may be
submitted in classified form.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
______
SA 3021. Mr. SCHUMER proposed an amendment to the bill S. 2073, to
amend title 31, United States Code, to require agencies to include a
list of outdated or duplicative reporting requirements in annual budget
justifications, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Kids
Online Safety and Privacy Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--KEEPING KIDS SAFE ONLINE
Subtitle A--Kids Online Safety
Sec. 101. Definitions.
Sec. 102. Duty of care.
Sec. 103. Safeguards for minors.
Sec. 104. Disclosure.
Sec. 105. Transparency.
Sec. 106. Research on social media and minors.
Sec. 107. Market research.
Sec. 108. Age verification study and report.
Sec. 109. Guidance.
Sec. 110. Enforcement.
Sec. 111. Kids online safety council.
Sec. 112. Effective date.
Sec. 113. Rules of construction and other matters.
Subtitle B--Filter Bubble Transparency
Sec. 120. Definitions.
Sec. 121. Requirement to allow users to see unmanipulated content on
internet platforms.
Subtitle C--Relationship to State Laws; Severability
Sec. 130. Relationship to State laws.
Sec. 131. Severability.
TITLE II--CHILDREN AND TEENS' ONLINE PRIVACY
Sec. 201. Online collection, use, disclosure, and deletion of personal
information of children and teens.
Sec. 202. Study and reports of mobile and online application oversight
and enforcement.
Sec. 203. GAO study.
Sec. 204. Severability.
TITLE III--ELIMINATING USELESS REPORTS
Sec. 301. Sunsets for agency reports.
TITLE I--KEEPING KIDS SAFE ONLINE
Subtitle A--Kids Online Safety
SEC. 101. DEFINITIONS.
In this subtitle:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Compulsive usage.--The term ``compulsive usage'' means
any response stimulated by external factors that causes an
individual to engage in repetitive behavior reasonably likely
to cause psychological distress.
(3) Covered platform.--
(A) In general.--The term ``covered platform'' means an
online platform, online video game, messaging application, or
video streaming service that connects to the internet and
that is used, or is reasonably likely to be used, by a minor.
(B) Exceptions.--The term ``covered platform'' does not
include--
(i) an entity acting in its capacity as a provider of--
(I) a common carrier service subject to the Communications
Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory
thereof and supplementary thereto;
(II) a broadband internet access service (as such term is
defined for purposes of section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation);
(III) an email service;
(IV) a teleconferencing or video conferencing service that
allows reception and transmission of audio or video signals
for real-time communication, provided that--
(aa) the service is not an online platform, including a
social media service or social network; and
(bb) the real-time communication is initiated by using a
unique link or identifier to facilitate access; or
(V) a wireless messaging service, including such a service
provided through short messaging service or multimedia
messaging service protocols, that is not a component of, or
linked to, an online platform and where the predominant or
exclusive function is direct messaging consisting of the
transmission of text, photos or videos that are sent by
electronic means, where messages are transmitted from the
sender to a recipient, and are not posted within an online
platform or publicly;
(ii) an organization not organized to carry on business for
its own profit or that of its members;
(iii) any public or private preschool, elementary, or
secondary school, or any institution of vocational,
professional, or higher education;
(iv) a library (as defined in section 213(1) of the Library
Services and Technology Act (20 U.S.C. 9122(1)));
(v) a news or sports coverage website or app where--
(I) the inclusion of video content on the website or app is
related to the website or app's own gathering, reporting, or
publishing of news content or sports coverage; and
(II) the website or app is not otherwise an online
platform;
(vi) a product or service that primarily functions as
business-to-business software, a cloud storage, file sharing,
or file collaboration service, provided that the product or
service is not an online platform; or
(vii) a virtual private network or similar service that
exists solely to route internet traffic between locations.
(4) Design feature.--The term ``design feature'' means any
feature or component of a covered platform that will
encourage or increase the frequency, time spent, or activity
of minors on the covered platform. Design features include
but are not limited to--
(A) infinite scrolling or auto play;
(B) rewards for time spent on the platform;
(C) notifications;
(D) personalized recommendation systems;
(E) in-game purchases; or
(F) appearance altering filters.
(5) Geolocation.--The term ``geolocation'' has the meaning
given the term ``geolocation information'' in section 1302 of
the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6501), as added by section 201(a).
(6) Know or knows.--The term ``know'' or ``knows'' means to
have actual knowledge or knowledge fairly implied on the
basis of objective circumstances.
(7) Mental health disorder.--The term ``mental health
disorder'' has the meaning given the term ``mental disorder''
in the Diagnostic and Statistical Manual of Mental Health
Disorders, 5th Edition (or the most current successor
edition).
(8) Microtransaction.--
(A) In general.--The term ``microtransaction'' means a
purchase made in an online video game (including a purchase
made using a virtual currency that is purchasable or
redeemable using cash or credit or that is included as part
of a paid subscription service).
(B) Inclusions.--Such term includes a purchase involving
surprise mechanics, new characters, or in-game items.
(C) Exclusions.--Such term does not include--
(i) a purchase made in an online video game using a virtual
currency that is earned through gameplay and is not otherwise
purchasable or redeemable using cash or credit or included as
part of a paid subscription service; or
(ii) a purchase of additional levels within the game or an
overall expansion of the game.
(9) Minor.--The term ``minor'' means an individual who is
under the age of 17.
(10) Online platform.--The term ``online platform'' means
any public-facing website, online service, online
application, or mobile application that predominantly
provides a community forum for user generated content, such
as sharing videos, images, games, audio files, or other
content, including a social media service, social network, or
virtual reality environment.
(11) Online video game.--The term ``online video game''
means a video game, including an educational video game, that
connects to the internet and that allows a user to--
(A) create and upload content other than content that is
incidental to gameplay, such as character or level designs
created by the user, preselected phrases, or short
interactions with other users;
(B) engage in microtransactions within the game; or
(C) communicate with other users.
(12) Parent.--The term ``parent'' has the meaning given
that term in section 1302 of the Children's Online Privacy
Protection Act (15 U.S.C. 6501).
(13) 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).
(14) Personalized recommendation system.--The term
``personalized recommendation system'' means a fully or
partially automated system used to suggest, promote, or rank
content, including other users, hashtags, or posts, based on
the personal data of users. A recommendation system that
suggests, promotes, or ranks content based solely on the
user's language, city or town, or age shall not be considered
a personalized recommendation system.
(15) Sexual exploitation and abuse.--The term ``sexual
exploitation and abuse'' means any of the following:
(A) Coercion and enticement, as described in section 2422
of title 18, United States Code.
(B) Child sexual abuse material, as described in sections
2251, 2252, 2252A, and 2260 of title 18, United States Code.
(C) Trafficking for the production of images, as described
in section 2251A of title 18, United States Code.
[[Page S5296]]
(D) Sex trafficking of children, as described in section
1591 of title 18, United States Code.
(16) User.--The term ``user'' means, with respect to a
covered platform, an individual who registers an account or
creates a profile on the covered platform.
SEC. 102. DUTY OF CARE.
(a) Prevention of Harm to Minors.--A covered platform shall
exercise reasonable care in the creation and implementation
of any design feature to prevent and mitigate the following
harms to minors:
(1) Consistent with evidence-informed medical information,
the following mental health disorders: anxiety, depression,
eating disorders, substance use disorders, and suicidal
behaviors.
(2) Patterns of use that indicate or encourage addiction-
like behaviors by minors.
(3) Physical violence, online bullying, and harassment of
the minor.
(4) Sexual exploitation and abuse of minors.
(5) Promotion and marketing of narcotic drugs (as defined
in section 102 of the Controlled Substances Act (21 U.S.C.
802)), tobacco products, gambling, or alcohol.
(6) Predatory, unfair, or deceptive marketing practices, or
other financial harms.
(b) Limitation.--Nothing in subsection (a) shall be
construed to require a covered platform to prevent or
preclude any minor from--
(1) deliberately and independently searching for, or
specifically requesting, content; or
(2) accessing resources and information regarding the
prevention or mitigation of the harms described in subsection
(a).
SEC. 103. SAFEGUARDS FOR MINORS.
(a) Safeguards for Minors.--
(1) Safeguards.--A covered platform shall provide a user or
visitor that the covered platform knows is a minor with
readily-accessible and easy-to-use safeguards to, as
applicable--
(A) limit the ability of other users or visitors to
communicate with the minor;
(B) prevent other users or visitors, whether registered or
not, from viewing the minor's personal data collected by or
shared on the covered platform, in particular restricting
public access to personal data;
(C) limit design features that encourage or increase the
frequency, time spent, or activity of minors on the covered
platform, such as infinite scrolling, auto playing, rewards
for time spent on the platform, notifications, and other
design features that result in compulsive usage of the
covered platform by the minor;
(D) control personalized recommendation systems, including
the ability for a minor to have at least 1 of the following
options--
(i) opt out of such personalized recommendation systems,
while still allowing the display of content based on a
chronological format; or
(ii) limit types or categories of recommendations from such
systems; and
(E) restrict the sharing of the geolocation of the minor
and provide notice regarding the tracking of the minor's
geolocation.
(2) Option.--A covered platform shall provide a user that
the covered platform knows is a minor with a readily-
accessible and easy-to-use option to limit the amount of time
spent by the minor on the covered platform.
(3) Default safeguard settings for minors.--A covered
platform shall provide that, in the case of a user or visitor
that the platform knows is a minor, the default setting for
any safeguard described under paragraph (1) shall be the
option available on the platform that provides the most
protective level of control that is offered by the platform
over privacy and safety for that user or visitor.
(b) Parental Tools.--
(1) Tools.--A covered platform shall provide readily-
accessible and easy-to-use settings for parents to support a
user that the platform knows is a minor with respect to the
user's use of the platform.
(2) Requirements.--The parental tools provided by a covered
platform shall include--
(A) the ability to manage a minor's privacy and account
settings, including the safeguards and options established
under subsection (a), in a manner that allows parents to--
(i) view the privacy and account settings; and
(ii) in the case of a user that the platform knows is a
child, change and control the privacy and account settings;
(B) the ability to restrict purchases and financial
transactions by the minor, where applicable; and
(C) the ability to view metrics of total time spent on the
covered platform and restrict time spent on the covered
platform by the minor.
(3) Notice to minors.--A covered platform shall provide
clear and conspicuous notice to a user when the tools
described in this subsection are in effect and what settings
or controls have been applied.
(4) Default tools.--A covered platform shall provide that,
in the case of a user that the platform knows is a child, the
tools required under paragraph (1) shall be enabled by
default.
(5) Application to existing accounts.--If, prior to the
effective date of this subsection, a covered platform
provided a parent of a user that the platform knows is a
child with notice and the ability to enable the parental
tools described under this subsection in a manner that would
otherwise comply with this subsection, and the parent opted
out of enabling such tools, the covered platform is not
required to enable such tools with respect to such user by
default when this subsection takes effect.
(c) Reporting Mechanism.--
(1) Reports submitted by parents, minors, and schools.--A
covered platform shall provide--
(A) a readily-accessible and easy-to-use means to submit
reports to the covered platform of harms to a minor;
(B) an electronic point of contact specific to matters
involving harms to a minor; and
(C) confirmation of the receipt of such a report and,
within the applicable time period described in paragraph (2),
a substantive response to the individual that submitted the
report.
(2) Timing.--A covered platform shall establish an internal
process to receive and substantively respond to such reports
in a reasonable and timely manner, but in no case later
than--
(A) 10 days after the receipt of a report, if, for the most
recent calendar year, the platform averaged more than
10,000,000 active users on a monthly basis in the United
States;
(B) 21 days after the receipt of a report, if, for the most
recent calendar year, the platform averaged less than
10,000,000 active users on a monthly basis in the United
States; and
(C) notwithstanding subparagraphs (A) and (B), if the
report involves an imminent threat to the safety of a minor,
as promptly as needed to address the reported threat to
safety.
(d) Advertising of Illegal Products.--A covered platform
shall not facilitate the advertising of narcotic drugs (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)), tobacco products, gambling, or alcohol to an
individual that the covered platform knows is a minor.
(e) Rules of Application.--
(1) Accessibility.--With respect to safeguards and parental
tools described under subsections (a) and (b), a covered
platform shall provide--
(A) information and control options in a clear and
conspicuous manner that takes into consideration the
differing ages, capacities, and developmental needs of the
minors most likely to access the covered platform and does
not encourage minors or parents to weaken or disable
safeguards or parental tools;
(B) readily-accessible and easy-to-use controls to enable
or disable safeguards or parental tools, as appropriate; and
(C) information and control options in the same language,
form, and manner as the covered platform provides the product
or service used by minors and their parents.
(2) Dark patterns prohibition.--It shall be unlawful for
any covered platform to design, modify, or manipulate a user
interface of a covered platform with the purpose or
substantial effect of subverting or impairing user autonomy,
decision-making, or choice with respect to safeguards or
parental tools required under this section.
(3) Timing considerations.--
(A) No interruption to gameplay.--Subsections (a)(1)(C) and
(b)(3) shall not require an online video game to interrupt
the natural sequence of game play, such as progressing
through game levels or finishing a competition.
(B) Application of changes to offline devices or
accounts.--If a user's device or user account does not have
access to the internet at the time of a change to parental
tools, a covered platform shall apply changes the next time
the device or user is connected to the internet.
(4) Rules of construction.--Nothing in this section shall
be construed to--
(A) prevent a covered platform from taking reasonable
measures to--
(i) block, detect, or prevent the distribution of unlawful,
obscene, or other harmful material to minors as described in
section 102(a); or
(ii) block or filter spam, prevent criminal activity, or
protect the security of a platform or service;
(B) require the disclosure of a minor's browsing behavior,
search history, messages, contact list, or other content or
metadata of their communications;
(C) prevent a covered platform from using a personalized
recommendation system to display content to a minor if the
system only uses information on--
(i) the language spoken by the minor;
(ii) the city the minor is located in; or
(iii) the minor's age; or
(D) prevent an online video game from disclosing a username
or other user identification for the purpose of competitive
gameplay or to allow for the reporting of users.
(f) Device or Console Controls.--
(1) In general.--Nothing in this section shall be construed
to prohibit a covered platform from integrating its products
or service with, or duplicate controls or tools provided by,
third-party systems, including operating systems or gaming
consoles, to meet the requirements imposed under subsections
(a) and (b) relating to safeguards for minors and parental
tools, provided that--
(A) the controls or tools meet such requirements; and
(B) the minor or parent is provided sufficient notice of
the integration and use of the parental tools.
(2) Preservation of protections.--In the event of a
conflict between the controls or
[[Page S5297]]
tools of a third-party system, including operating systems or
gaming consoles, and a covered platform, the covered platform
is not required to override the controls or tools of a third-
party system if it would undermine the protections for minors
from the safeguards or parental tools imposed under
subsections (a) and (b).
SEC. 104. DISCLOSURE.
(a) Notice.--
(1) Registration or purchase.--Prior to registration or
purchase of a covered platform by an individual that the
platform knows is a minor, the platform shall provide clear,
conspicuous, and easy-to-understand--
(A) notice of the policies and practices of the covered
platform with respect to safeguards for minors required under
section 103;
(B) information about how to access the safeguards and
parental tools required under section 103; and
(C) notice about whether the covered platform uses or makes
available to minors a product, service, or design feature,
including any personalized recommendation system, that poses
any heightened risk of harm to minors.
(2) Notification.--
(A) Notice and acknowledgment.--In the case of an
individual that a covered platform knows is a child, the
platform shall additionally provide information about the
parental tools and safeguards required under section 103 to a
parent of the child and obtain verifiable consent (as defined
in section 1302(9) of the Children's Online Privacy
Protection Act (15 U.S.C. 6501(9))) from the parent prior to
the initial use of the covered platform by the child.
(B) Reasonable effort.--A covered platform shall be deemed
to have satisfied the requirement described in subparagraph
(A) if the covered platform is in compliance with the
requirements of the Children's Online Privacy Protection Act
(15 U.S.C. 6501 et seq.) to use reasonable efforts (taking
into consideration available technology) to provide a parent
with the information described in subparagraph (A) and to
obtain verifiable consent as required.
(3) Consolidated notices.--For purposes of this subtitle, a
covered platform may consolidate the process for providing
information under this subsection and obtaining verifiable
consent or the consent of the minor involved (as applicable)
as required under this subsection with its obligations to
provide relevant notice and obtain verifiable consent under
the Children's Online Privacy Protection Act (15 U.S.C. 6501
et seq.).
(4) Guidance.--The Federal Trade Commission may issue
guidance to assist covered platforms in complying with the
specific notice requirements of this subsection.
(b) Personalized Recommendation System.--A covered platform
that operates a personalized recommendation system shall set
out in its terms and conditions, in a clear, conspicuous, and
easy-to-understand manner--
(1) an overview of how such personalized recommendation
system is used by the covered platform to provide information
to minors, including how such systems use the personal data
of minors; and
(2) information about options for minors or their parents
to opt out of or control the personalized recommendation
system (as applicable).
(c) Advertising and Marketing Information and Labels.--
(1) Information and labels.--A covered platform shall
provide clear, conspicuous, and easy-to-understand labels and
information, which can be provided through a link to another
web page or disclosure, to minors on advertisements
regarding--
(A) the name of the product, service, or brand and the
subject matter of an advertisement; and
(B) whether particular media displayed to the minor is an
advertisement or marketing material, including disclosure of
endorsements of products, services, or brands made for
commercial consideration by other users of the platform.
(2) Guidance.--The Federal Trade Commission may issue
guidance to assist covered platforms in complying with the
requirements of this subsection, including guidance about the
minimum level of information and labels for the disclosures
required under paragraph (1).
(d) Resources for Parents and Minors.--A covered platform
shall provide to minors and parents clear, conspicuous, easy-
to-understand, and comprehensive information in a prominent
location, which may include a link to a web page, regarding--
(1) its policies and practices with respect to safeguards
for minors required under section 103; and
(2) how to access the safeguards and tools required under
section 103.
(e) Resources in Additional Languages.--A covered platform
shall ensure, to the extent practicable, that the disclosures
required by this section are made available in the same
language, form, and manner as the covered platform provides
any product or service used by minors and their parents.
SEC. 105. TRANSPARENCY.
(a) In General.--Subject to subsection (b), not less
frequently than once a year, a covered platform shall issue a
public report describing the reasonably foreseeable risks of
harms to minors and assessing the prevention and mitigation
measures taken to address such risk based on an independent,
third-party audit conducted through reasonable inspection of
the covered platform.
(b) Scope of Application.--The requirements of this section
shall apply to a covered platform if--
(1) for the most recent calendar year, the platform
averaged more than 10,000,000 active users on a monthly basis
in the United States; and
(2) the platform predominantly provides a community forum
for user-generated content and discussion, including sharing
videos, images, games, audio files, discussion in a virtual
setting, or other content, such as acting as a social media
platform, virtual reality environment, or a social network
service.
(c) Content.--
(1) Transparency.--The public reports required of a covered
platform under this section shall include--
(A) an assessment of the extent to which the platform is
likely to be accessed by minors;
(B) a description of the commercial interests of the
covered platform in use by minors;
(C) an accounting, based on the data held by the covered
platform, of--
(i) the number of users using the covered platform that the
platform knows to be minors in the United States;
(ii) the median and mean amounts of time spent on the
platform by users known to be minors in the United States who
have accessed the platform during the reporting year on a
daily, weekly, and monthly basis; and
(iii) the amount of content being accessed by users that
the platform knows to be minors in the United States that is
in English, and the top 5 non-English languages used by users
accessing the platform in the United States;
(D) an accounting of total reports received regarding, and
the prevalence (which can be based on scientifically valid
sampling methods using the content available to the covered
platform in the normal course of business) of content related
to, the harms described in section 102(a), disaggregated by
category of harm and language, including English and the top
5 non-English languages used by users accessing the platform
from the United States (as identified under subparagraph
(C)(iii)); and
(E) a description of any material breaches of parental
tools or assurances regarding minors, representations
regarding the use of the personal data of minors, and other
matters regarding non-compliance with this subtitle.
(2) Reasonably foreseeable risk of harm to minors.--The
public reports required of a covered platform under this
section shall include--
(A) an assessment of the reasonably foreseeable risk of
harms to minors posed by the covered platform, specifically
identifying those physical, mental, developmental, or
financial harms described in section 102(a);
(B) a description of whether and how the covered platform
uses design features that encourage or increase the
frequency, time spent, or activity of minors on the covered
platform, such as infinite scrolling, auto playing, rewards
for time spent on the platform, notifications, and other
design features that result in compulsive usage of the
covered platform by the minor;
(C) a description of whether, how, and for what purpose the
platform collects or processes categories of personal data
that may cause reasonably foreseeable risk of harms to
minors;
(D) an evaluation of the efficacy of safeguards for minors
and parental tools under section 103, and any issues in
delivering such safeguards and the associated parental tools;
(E) an evaluation of any other relevant matters of public
concern over risk of harms to minors associated with the use
of the covered platform; and
(F) an assessment of differences in risk of harm to minors
across different English and non-English languages and
efficacy of safeguards in those languages.
(3) Mitigation.--The public reports required of a covered
platform under this section shall include, for English and
the top 5 non-English languages used by users accessing the
platform from the United States (as identified under
paragraph (2)(C)(iii)))--
(A) a description of the safeguards and parental tools
available to minors and parents on the covered platform;
(B) a description of interventions by the covered platform
when it had or has reason to believe that harms to minors
could occur;
(C) a description of the prevention and mitigation measures
intended to be taken in response to the known and emerging
risks identified in its assessment of reasonably foreseeable
risks of harms to minors, including steps taken to--
(i) prevent harms to minors, including adapting or removing
design features or addressing through parental tools;
(ii) provide the most protective level of control over
privacy and safety by default; and
(iii) adapt recommendation systems to mitigate reasonably
foreseeable risk of harms to minors, as described in section
102(a);
(D) a description of internal processes for handling
reports and automated detection mechanisms for harms to
minors, including the rate, timeliness, and effectiveness of
responses under the requirement of section 103(c);
(E) the status of implementing prevention and mitigation
measures identified in prior assessments; and
[[Page S5298]]
(F) a description of the additional measures to be taken by
the covered platform to address the circumvention of
safeguards for minors and parental tools.
(d) Reasonable Inspection.--In conducting an inspection of
the reasonably foreseeable risk of harm to minors under this
section, an independent, third-party auditor shall--
(1) take into consideration the function of personalized
recommendation systems;
(2) consult parents and youth experts, including youth and
families with relevant past or current experience, public
health and mental health nonprofit organizations, health and
development organizations, and civil society with respect to
the prevention of harms to minors;
(3) conduct research based on experiences of minors that
use the covered platform, including reports under section
103(c) and information provided by law enforcement;
(4) take account of research, including research regarding
design features, marketing, or product integrity, industry
best practices, or outside research;
(5) consider indicia or inferences of age of users, in
addition to any self-declared information about the age of
users; and
(6) take into consideration differences in risk of
reasonably foreseeable harms and effectiveness of safeguards
across English and non-English languages.
(e) Cooperation With Independent, Third-party Audit.--To
facilitate the report required by subsection (c), a covered
platform shall--
(1) provide or otherwise make available to the independent
third-party conducting the audit all information and material
in its possession, custody, or control that is relevant to
the audit;
(2) provide or otherwise make available to the independent
third-party conducting the audit access to all network,
systems, and assets relevant to the audit; and
(3) disclose all relevant facts to the independent third-
party conducting the audit, and not misrepresent in any
manner, expressly or by implication, any relevant fact.
(f) Privacy Safeguards.--
(1) In general.--In issuing the public reports required
under this section, a covered platform shall take steps to
safeguard the privacy of its users, including ensuring that
data is presented in a de-identified, aggregated format such
that it is not reasonably linkable to any user.
(2) Rule of construction.--This section shall not be
construed to require the disclosure of information that will
lead to material vulnerabilities for the privacy of users or
the security of a covered platform's service or create a
significant risk of the violation of Federal or State law.
(3) Definition of de-identified.--As used in this
subsection, the term ``de-identified'' means data that does
not identify and is not linked or reasonably linkable to a
device that is linked or reasonably linkable to an
individual, regardless of whether the information is
aggregated
(g) Location.--The public reports required under this
section should be posted by a covered platform on an easy to
find location on a publicly-available website.
SEC. 106. RESEARCH ON SOCIAL MEDIA AND MINORS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) National academy.--The term ``National Academy'' means
the National Academy of Sciences.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Research on Social Media Harms.--Not later than 12
months after the date of enactment of this Act, the
Commission shall seek to enter into a contract with the
National Academy, under which the National Academy shall
conduct no less than 5 scientific, comprehensive studies and
reports on the risk of harms to minors by use of social media
and other online platforms, including in English and non-
English languages.
(c) Matters to Be Addressed.--In contracting with the
National Academy, the Commission, in consultation with the
Secretary, shall seek to commission separate studies and
reports, using the Commission's authority under section 6(b)
of the Federal Trade Commission Act (15 U.S.C. 46(b)), on the
relationship between social media and other online platforms
as defined in this subtitle on the following matters:
(1) Anxiety, depression, eating disorders, and suicidal
behaviors.
(2) Substance use disorders and the use of narcotic drugs,
tobacco products, gambling, or alcohol by minors.
(3) Sexual exploitation and abuse.
(4) Addiction-like use of social media and design factors
that lead to unhealthy and harmful overuse of social media.
(d) Additional Study.--Not earlier than 4 years after
enactment, the Commission shall seek to enter into a contract
with the National Academy under which the National Academy
shall conduct an additional study and report covering the
matters described in subsection (c) for the purposes of
providing additional information, considering new research,
and other matters.
(e) Content of Reports.-- The comprehensive studies and
reports conducted pursuant to this section shall seek to
evaluate impacts and advance understanding, knowledge, and
remedies regarding the harms to minors posed by social media
and other online platforms, and may include recommendations
related to public policy.
(f) Active Studies.--If the National Academy is engaged in
any active studies on the matters described in subsection (c)
at the time that it enters into a contract with the
Commission to conduct a study under this section, it may base
the study to be conducted under this section on the active
study, so long as it otherwise incorporates the requirements
of this section.
(g) Collaboration.--In designing and conducting the studies
under this section, the Commission, the Secretary, and the
National Academy shall consult with the Surgeon General and
the Kids Online Safety Council.
(h) Access to Data.--
(1) Fact-finding authority.--The Commission may issue
orders under section 6(b) of the Federal Trade Commission Act
(15 U.S.C. 46(b)) to require covered platforms to provide
reports, data, or answers in writing as necessary to conduct
the studies required under this section.
(2) Scope.--In exercising its authority under paragraph
(1), the Commission may issue orders to no more than 5
covered platforms per study under this section.
(3) Confidential access.--Notwithstanding section 6(f) or
21 of the Federal Trade Commission Act (15 U.S.C. 46, 57b-2),
the Commission shall enter in agreements with the National
Academy to share appropriate information received from a
covered platform pursuant to an order under such subsection
(b) for a comprehensive study under this section in a
confidential and secure manner, and to prohibit the
disclosure or sharing of such information by the National
Academy. Nothing in this paragraph shall be construed to
preclude the disclosure of any such information if authorized
or required by any other law.
SEC. 107. MARKET RESEARCH.
(a) Market Research by Covered Platforms.--The Federal
Trade Commission, in consultation with the Secretary of
Commerce, shall issue guidance for covered platforms seeking
to conduct market- and product-focused research on minors.
Such guidance shall include--
(1) a standard consent form that provides minors and their
parents a clear, conspicuous, and easy-to-understand
explanation of the scope and purpose of the research to be
conducted that is available in English and the top 5 non-
English languages used in the United States;
(2) information on how to obtain informed consent from the
parent of a minor prior to conducting such market- and
product-focused research; and
(3) recommendations for research practices for studies that
may include minors, disaggregated by the age ranges of 0-5,
6-9, 10-12, and 13-16.
(b) Timing.--The Federal Trade Commission shall issue such
guidance not later than 18 months after the date of enactment
of this Act. In doing so, they shall seek input from members
of the public and the representatives of the Kids Online
Safety Council established under section 111.
SEC. 108. AGE VERIFICATION STUDY AND REPORT.
(a) Study.--The Secretary of Commerce, in coordination with
the Federal Communications Commission and the Federal Trade
Commission, shall conduct a study evaluating the most
technologically feasible methods and options for developing
systems to verify age at the device or operating system
level.
(b) Contents.--Such study shall consider --
(1) the benefits of creating a device or operating system
level age verification system;
(2) what information may need to be collected to create
this type of age verification system;
(3) the accuracy of such systems and their impact or steps
to improve accessibility, including for individuals with
disabilities;
(4) how such a system or systems could verify age while
mitigating risks to user privacy and data security and
safeguarding minors' personal data, emphasizing minimizing
the amount of data collected and processed by covered
platforms and age verification providers for such a system;
(5) the technical feasibility, including the need for
potential hardware and software changes, including for
devices currently in commerce and owned by consumers; and
(6) the impact of different age verification systems on
competition, particularly the risk of different age
verification systems creating barriers to entry for small
companies.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the agencies described in subsection
(a) shall submit a report containing the results of the study
conducted under such subsection to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives.
SEC. 109. GUIDANCE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Trade Commission, in
consultation with the Kids Online Safety Council established
under section 111, shall issue guidance to--
(1) provide information and examples for covered platforms
and auditors regarding the following, with consideration
given to differences across English and non-English
languages--
(A) identifying design features that encourage or increase
the frequency, time
[[Page S5299]]
spent, or activity of minors on the covered platform;
(B) safeguarding minors against the possible misuse of
parental tools;
(C) best practices in providing minors and parents the most
protective level of control over privacy and safety;
(D) using indicia or inferences of age of users for
assessing use of the covered platform by minors;
(E) methods for evaluating the efficacy of safeguards set
forth in this subtitle; and
(F) providing additional parental tool options that allow
parents to address the harms described in section 102(a); and
(2) outline conduct that does not have the purpose or
substantial effect of subverting or impairing user autonomy,
decision-making, or choice, or of causing, increasing, or
encouraging compulsive usage for a minor, such as--
(A) de minimis user interface changes derived from testing
consumer preferences, including different styles, layouts, or
text, where such changes are not done with the purpose of
weakening or disabling safeguards or parental tools;
(B) algorithms or data outputs outside the control of a
covered platform; and
(C) establishing default settings that provide enhanced
privacy protection to users or otherwise enhance their
autonomy and decision-making ability.
(b) Guidance on Knowledge Standard.--Not later than 18
months after the date of enactment of this Act, the Federal
Trade Commission shall issue guidance to provide information,
including best practices and examples, for covered platforms
to understand how the Commission would determine whether a
covered platform ``had knowledge fairly implied on the basis
of objective circumstances'' for purposes of this subtitle.
(c) Limitation on Federal Trade Commission Guidance.--
(1) Effect of guidance.--No guidance issued by the Federal
Trade Commission with respect to this subtitle shall--
(A) confer any rights on any person, State, or locality; or
(B) operate to bind the Federal Trade Commission or any
court, person, State, or locality to the approach recommended
in such guidance.
(2) Use in enforcement actions.--In any enforcement action
brought pursuant to this subtitle, the Federal Trade
Commission or a State attorney general, as applicable--
(A) shall allege a violation of a provision of this
subtitle; and
(B) may not base such enforcement action on, or execute a
consent order based on, practices that are alleged to be
inconsistent with guidance issued by the Federal Trade
Commission with respect to this subtitle, unless the
practices are alleged to violate a provision of this
subtitle.
For purposes of enforcing this subtitle, State attorneys
general shall take into account any guidance issued by the
Commission under subsection (b).
SEC. 110. ENFORCEMENT.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this subtitle shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Federal Trade Commission (referred to
in this section as the ``Commission'') shall enforce this
subtitle in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this subtitle.
(B) Privileges and immunities.--Any person that violates
this subtitle shall be subject to the penalties, and entitled
to the privileges and immunities, provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this subtitle shall be
construed to limit the authority of the Commission under any
other provision of law.
(b) Enforcement by State Attorneys General.--
(1) In general.--
(A) Civil actions.--In any case in which the attorney
general of a State has reason to believe that a covered
platform has violated or is violating section 103, 104, or
105, the State, as parens patriae, may bring a civil action
on behalf of the residents of the State in a district court
of the United States or a State court of appropriate
jurisdiction to--
(i) enjoin any practice that violates section 103, 104, or
105;
(ii) enforce compliance with section 103, 104, or 105;
(iii) on behalf of residents of the State, obtain damages,
restitution, or other compensation, each of which shall be
distributed in accordance with State law; or
(iv) obtain such other relief as the court may consider to
be appropriate.
(B) Notice.--
(i) In general.--Before filing an action under subparagraph
(A), the attorney general of the State involved shall provide
to the Commission--
(I) written notice of that action; and
(II) a copy of the complaint for that action.
(ii) Exemption.--
(I) In general.--Clause (i) shall not apply with respect to
the filing of an action by an attorney general of a State
under this paragraph if the attorney general of the State
determines that it is not feasible to provide the notice
described in that clause before the filing of the action.
(II) Notification.--In an action described in subclause
(I), the attorney general of a State shall provide notice and
a copy of the complaint to the Commission at the same time as
the attorney general files the action.
(2) Intervention.--
(A) In general.--On receiving notice under paragraph
(1)(B), the Commission shall have the right to intervene in
the action that is the subject of the notice.
(B) Effect of intervention.--If the Commission intervenes
in an action under paragraph (1), it shall have the right--
(i) to be heard with respect to any matter that arises in
that action; and
(ii) to file a petition for appeal.
(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this subtitle shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of that State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the production of
documentary and other evidence.
(4) Actions by the commission.--In any case in which an
action is instituted by or on behalf of the Commission for
violation of this subtitle, no State may, during the pendency
of that action, institute a separate action under paragraph
(1) against any defendant named in the complaint in the
action instituted by or on behalf of the Commission for that
violation.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1) may be
brought in--
(i) the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code; or
(ii) a State court of competent jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1) in a district court of the United States,
process may be served wherever defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Limitation.--A violation of section 102 shall not form
the basis of liability in any action brought by the attorney
general of a State under a State law.
SEC. 111. KIDS ONLINE SAFETY COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Commerce shall
establish and convene the Kids Online Safety Council for the
purpose of providing advice on matters related to this
subtitle.
(b) Participation.--The Kids Online Safety Council shall
include diverse participation from--
(1) academic experts, health professionals, and members of
civil society with expertise in mental health, substance use
disorders, and the prevention of harms to minors;
(2) representatives in academia and civil society with
specific expertise in privacy, free expression, access to
information, and civil liberties;
(3) parents and youth representation;
(4) representatives of covered platforms;
(5) representatives of the National Telecommunications and
Information Administration, the National Institute of
Standards and Technology, the Federal Trade Commission, the
Department of Justice, and the Department of Health and Human
Services;
(6) State attorneys general or their designees acting in
State or local government;
(7) educators; and
(8) representatives of communities of socially
disadvantaged individuals (as defined in section 8 of the
Small Business Act (15 U.S.C. 637)).
(c) Activities.--The matters to be addressed by the Kids
Online Safety Council shall include--
(1) identifying emerging or current risks of harms to
minors associated with online platforms;
(2) recommending measures and methods for assessing,
preventing, and mitigating harms to minors online;
(3) recommending methods and themes for conducting research
regarding online harms to minors, including in English and
non-English languages; and
(4) recommending best practices and clear, consensus-based
technical standards for transparency reports and audits, as
required under this subtitle, including methods, criteria,
and scope to promote overall accountability.
(d) Non-applicability of FACA.--The Kids Online Safety
Council shall not be subject to chapter 10 of title 5, United
States Code (commonly referred to as the ``Federal Advisory
Committee Act'').
SEC. 112. EFFECTIVE DATE.
Except as otherwise provided in this subtitle, this
subtitle shall take effect on the date that is 18 months
after the date of enactment of this Act.
SEC. 113. RULES OF CONSTRUCTION AND OTHER MATTERS.
(a) Relationship to Other Laws.--Nothing in this subtitle
shall be construed to--
(1) preempt section 444 of the General Education Provisions
Act (20 U.S.C. 1232g, commonly known as the ``Family
Educational Rights and Privacy Act of 1974'') or other
Federal or State laws governing student privacy;
[[Page S5300]]
(2) preempt the Children's Online Privacy Protection Act of
1998 (15 U.S.C. 6501 et seq.) or any rule or regulation
promulgated under such Act;
(3) authorize any action that would conflict with section
18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h));
or
(4) expand or limit the scope of section 230 of the
Communications Act of 1934 (commonly known as ``section 230
of the Communications Decency Act of 1996'') (47 U.S.C. 230).
(b) Determination of ``Fairly Implied on the Basis of
Objective Circumstances''.--For purposes of enforcing this
subtitle, in making a determination as to whether covered
platform has knowledge fairly implied on the basis of
objective circumstances that a specific user is a minor, the
Federal Trade Commission or a State attorney general shall
rely on competent and reliable evidence, taking into account
the totality of the circumstances, including whether a
reasonable and prudent person under the circumstances would
have known that the user is a minor.
(c) Protections for Privacy.--Nothing in this subtitle,
including a determination described in subsection (b), shall
be construed to require--
(1) the affirmative collection of any personal data with
respect to the age of users that a covered platform is not
already collecting in the normal course of business; or
(2) a covered platform to implement an age gating or age
verification functionality.
(d) Compliance.--Nothing in this subtitle shall be
construed to restrict a covered platform's ability to--
(1) cooperate with law enforcement agencies regarding
activity that the covered platform reasonably and in good
faith believes may violate Federal, State, or local laws,
rules, or regulations;
(2) comply with a lawful civil, criminal, or regulatory
inquiry, subpoena, or summons by Federal, State, local, or
other government authorities; or
(3) investigate, establish, exercise, respond to, or defend
against legal claims.
(e) Application to Video Streaming Services.--A video
streaming service shall be deemed to be in compliance with
this subtitle if it predominantly consists of news, sports,
entertainment, or other video programming content that is
preselected by the provider and not user-generated, and--
(1) any chat, comment, or interactive functionality is
provided incidental to, directly related to, or dependent on
provision of such content;
(2) if such video streaming service requires account owner
registration and is not predominantly news or sports, the
service includes the capability--
(A) to limit a minor's access to the service, which may
utilize a system of age-rating;
(B) to limit the automatic playing of on-demand content
selected by a personalized recommendation system for an
individual that the service knows is a minor;
(C) for a parent to manage a minor's privacy and account
settings, and restrict purchases and financial transactions
by a minor, where applicable;
(D) to provide an electronic point of contact specific to
matters described in this paragraph;
(E) to offer a clear, conspicuous, and easy-to-understand
notice of its policies and practices with respect to the
capabilities described in this paragraph; and
(F) when providing on-demand content, to employ measures
that safeguard against serving advertising for narcotic drugs
(as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)), tobacco products, gambling, or alcohol
directly to the account or profile of an individual that the
service knows is a minor.
Subtitle B--Filter Bubble Transparency
SEC. 120. DEFINITIONS.
In this subtitle:
(1) Algorithmic ranking system.--The term ``algorithmic
ranking system'' means a computational process, including one
derived from algorithmic decision-making, machine learning,
statistical analysis, or other data processing or artificial
intelligence techniques, used to determine the selection,
order, relative prioritization, or relative prominence of
content from a set of information that is provided to a user
on an online platform, including the ranking of search
results, the provision of content recommendations, the
display of social media posts, or any other method of
automated content selection.
(2) Approximate geolocation information.--The term
``approximate geolocation information'' means information
that identifies the location of an individual, but with a
precision of less than 5 miles.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Connected device.--The term ``connected device'' means
an electronic device that--
(A) is capable of connecting to the internet, either
directly or indirectly through a network, to communicate
information at the direction of an individual;
(B) has computer processing capabilities for collecting,
sending, receiving, or analyzing data; and
(C) is primarily designed for or marketed to consumers.
(5) Input-transparent algorithm.--
(A) In general.--The term ``input-transparent algorithm''
means an algorithmic ranking system that does not use the
user-specific data of a user to determine the selection,
order, relative prioritization, or relative prominence of
information that is furnished to such user on an online
platform, unless the user-specific data is expressly provided
to the platform by the user for such purpose.
(B) Data expressly provided to the platform.--For purposes
of subparagraph (A), user-specific data that is provided by a
user for the express purpose of determining the selection,
order, relative prioritization, or relative prominence of
information that is furnished to such user on an online
platform--
(i) shall include user-supplied search terms, filters,
speech patterns (if provided for the purpose of enabling the
platform to accept spoken input or selecting the language in
which the user interacts with the platform), saved
preferences, the resumption of a previous search, and the
current precise geolocation information that is supplied by
the user;
(ii) shall include the user's current approximate
geolocation information;
(iii) shall include data submitted to the platform by the
user that expresses the user's desire to receive particular
information, such as the social media profiles the user
follows, the video channels the user subscribes to, or other
content or sources of content on the platform the user has
selected;
(iv) shall not include the history of the user's connected
device, including the user's history of web searches and
browsing, previous geographical locations, physical activity,
device interaction, and financial transactions; and
(v) shall not include inferences about the user or the
user's connected device, without regard to whether such
inferences are based on data described in clause (i) or
(iii).
(6) Online platform.--The term ``online platform'' means
any public-facing website, online service, online
application, or mobile application that predominantly
provides a community forum for user-generated content, such
as sharing videos, images, games, audio files, or other
content, including a social media service, social network, or
virtual reality environment.
(7) Opaque algorithm.--
(A) In general.--The term ``opaque algorithm'' means an
algorithmic ranking system that determines the selection,
order, relative prioritization, or relative prominence of
information that is furnished to such user on an online
platform based, in whole or part, on user-specific data that
was not expressly provided by the user to the platform for
such purpose.
(B) Exception for age-appropriate content filters.--Such
term shall not include an algorithmic ranking system used by
an online platform if--
(i) the only user-specific data (including inferences about
the user) that the system uses is information relating to the
age of the user; and
(ii) such information is only used to restrict a user's
access to content on the basis that the individual is not old
enough to access such content.
(8) Precise geolocation information.--The term ``precise
geolocation information'' means geolocation information that
identifies an individual's location to within a range of 5
miles or less.
(9) User-specific data.--The term ``user-specific data''
means information relating to an individual or a specific
connected device that would not necessarily be true of every
individual or device.
SEC. 121. REQUIREMENT TO ALLOW USERS TO SEE UNMANIPULATED
CONTENT ON INTERNET PLATFORMS.
(a) In General.--Beginning on the date that is 1 year after
the date of enactment of this Act, it shall be unlawful for
any person to operate an online platform that uses an opaque
algorithm unless the person complies with the requirements of
subsection (b).
(b) Opaque Algorithm Requirements.--
(1) In general.--The requirements of this subsection with
respect to a person that operates an online platform that
uses an opaque algorithm are the following:
(A) The person provides users of the platform with the
following notices:
(i) Notice that the platform uses an opaque algorithm that
uses user-specific data to select the content the user sees.
Such notice shall be presented in a clear and conspicuous
manner on the platform whenever the user interacts with an
opaque algorithm for the first time, and may be a one-time
notice that can be dismissed by the user.
(ii) Notice, to be included in the terms and conditions of
the online platform, in a clear, accessible, and easily
comprehensible manner that is to be updated whenever the
online platform makes a material change, of--
(I) the most salient features, inputs, and parameters used
by the algorithm;
(II) how any user-specific data used by the algorithm is
collected or inferred about a user of the platform, and the
categories of such data;
(III) any options that the online platform makes available
for a user of the platform to opt out or exercise options
under subparagraph (B), modify the profile of the user or to
influence the features, inputs, or parameters used by the
algorithm; and
(IV) any quantities, such as time spent using a product or
specific measures of engagement or social interaction, that
the algorithm is designed to optimize, as well as a general
description of the relative importance of each quantity for
such ranking.
[[Page S5301]]
(B) The online platform enables users to easily switch
between the opaque algorithm and an input-transparent
algorithm in their use of the platform.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require an online platform to disclose any
information, including data or algorithms--
(A) relating to a trade secret or other protected
intellectual property;
(B) that is confidential business information; or
(C) that is privileged.
(3) Prohibition on differential pricing.--An online
platform shall not deny, charge different prices or rates
for, or condition the provision of a service or product to a
user based on the user's election to use an input-transparent
algorithm in their use of the platform, as provided under
paragraph (1)(B).
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section by an operator of an online platform shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Federal Trade Commission shall enforce
this section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section.
(B) Privileges and immunities.--Any person who violates
this section shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
(C) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(d) Rule of Construction to Preserve Personalized Blocks.--
Nothing in this section shall be construed to limit or
prohibit an online platform's ability to, at the direction of
an individual user or group of users, restrict another user
from searching for, finding, accessing, or interacting with
such user's or group's account, content, data, or online
community.
Subtitle C--Relationship to State Laws; Severability
SEC. 130. RELATIONSHIP TO STATE LAWS.
The provisions of this title shall preempt any State law,
rule, or regulation only to the extent that such State law,
rule, or regulation conflicts with a provision of this title.
Nothing in this title shall be construed to prohibit a State
from enacting a law, rule, or regulation that provides
greater protection to minors than the protection provided by
the provisions of this title.
SEC. 131. SEVERABILITY.
If any provision of this title, or an amendment made by
this title, is determined to be unenforceable or invalid, the
remaining provisions of this title and the amendments made by
this title shall not be affected.
TITLE II--CHILDREN AND TEEN'S ONLINE PRIVACY
SEC. 201. ONLINE COLLECTION, USE, DISCLOSURE, AND DELETION OF
PERSONAL INFORMATION OF CHILDREN AND TEENS.
(a) Definitions.--Section 1302 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person--
``(i) who, for commercial purposes, in interstate or
foreign commerce operates or provides a website on the
internet, an online service, an online application, or a
mobile application; and
``(ii) who--
``(I) collects or maintains, either directly or through a
service provider, personal information from or about the
users of that website, service, or application;
``(II) allows another person to collect personal
information directly from users of that website, service, or
application (in which case, the operator is deemed to have
collected the information); or
``(III) allows users of that website, service, or
application to publicly disclose personal information (in
which case, the operator is deemed to have collected the
information); and
``(B) does not include any nonprofit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).'';
(2) in paragraph (4)--
(A) by amending subparagraph (A) to read as follows:
``(A) the release of personal information collected from a
child or teen by an operator for any purpose, except where
the personal information is provided to a person other than
an operator who--
``(i) provides support for the internal operations of the
website, online service, online application, or mobile
application of the operator, excluding any activity relating
to individual-specific advertising to children or teens; and
``(ii) does not disclose or use that personal information
for any other purpose; and''; and
(B) in subparagraph (B)--
(i) by inserting ``or teen'' after ``child'' each place the
term appears;
(ii) by striking ``website or online service'' and
inserting ``website, online service, online application, or
mobile application''; and
(iii) by striking ``actual knowledge'' and inserting
``actual knowledge or knowledge fairly implied on the basis
of objective circumstances'';
(3) by striking paragraph (8) and inserting the following:
``(8) Personal information.--
``(A) In general.--The term `personal information' means
individually identifiable information about an individual
collected online, including--
``(i) a first and last name;
``(ii) a home or other physical address including street
name and name of a city or town;
``(iii) an e-mail address;
``(iv) a telephone number;
``(v) a Social Security number;
``(vi) any other identifier that the Commission determines
permits the physical or online contacting of a specific
individual;
``(vii) a persistent identifier that can be used to
recognize a specific child or teen over time and across
different websites, online services, online applications, or
mobile applications, including but not limited to a customer
number held in a cookie, an Internet Protocol (IP) address, a
processor or device serial number, or unique device
identifier, but excluding an identifier that is used by an
operator solely for providing support for the internal
operations of the website, online service, online
application, or mobile application;
``(viii) a photograph, video, or audio file where such file
contains a specific child's or teen's image or voice;
``(ix) geolocation information;
``(x) information generated from the measurement or
technological processing of an individual's biological,
physical, or physiological characteristics that is used to
identify an individual, including--
``(I) fingerprints;
``(II) voice prints;
``(III) iris or retina imagery scans;
``(IV) facial templates;
``(V) deoxyribonucleic acid (DNA) information; or
``(VI) gait; or
``(xi) information linked or reasonably linkable to a child
or teen or the parents of that child or teen (including any
unique identifier) that an operator collects online from the
child or teen and combines with an identifier described in
this subparagraph.
``(B) Exclusion.--The term `personal information' shall not
include an audio file that contains a child's or teen's voice
so long as the operator--
``(i) does not request information via voice that would
otherwise be considered personal information under this
paragraph;
``(ii) provides clear notice of its collection and use of
the audio file and its deletion policy in its privacy policy;
``(iii) only uses the voice within the audio file solely as
a replacement for written words, to perform a task, or engage
with a website, online service, online application, or mobile
application, such as to perform a search or fulfill a verbal
instruction or request; and
``(iv) only maintains the audio file long enough to
complete the stated purpose and then immediately deletes the
audio file and does not make any other use of the audio file
prior to deletion.
``(C) Support for the internal operations of a website,
online service, online application, or mobile application.--
``(i) In general.--For purposes of subparagraph (A)(vii),
the term `support for the internal operations of a website,
online service, online application, or mobile application'
means those activities necessary to--
``(I) maintain or analyze the functioning of the website,
online service, online application, or mobile application;
``(II) perform network communications;
``(III) authenticate users of, or personalize the content
on, the website, online service, online application, or
mobile application;
``(IV) serve contextual advertising, provided that any
persistent identifier is only used as necessary for technical
purposes to serve the contextual advertisement, or cap the
frequency of advertising;
``(V) protect the security or integrity of the user,
website, online service, online application, or mobile
application;
``(VI) ensure legal or regulatory compliance, or
``(VII) fulfill a request of a child or teen as permitted
by subparagraphs (A) through (C) of section 1303(b)(2).
``(ii) Condition.--Except as specifically permitted under
clause (i), information collected for the activities listed
in clause (i) cannot be used or disclosed to contact a
specific individual, including through individual-specific
advertising to children or teens, to amass a profile on a
specific individual, in connection with processes that
encourage or prompt use of a website or online service, or
for any other purpose.'';
(4) by amending paragraph (9) to read as follows:
``(9) Verifiable consent.--The term `verifiable consent'
means any reasonable effort (taking into consideration
available technology), including a request for authorization
for future collection, use, and disclosure described in the
notice, to ensure that, in the case of a child, a parent of
the child, or, in the case of a teen, the teen--
``(A) receives direct notice of the personal information
collection, use, and disclosure practices of the operator;
and
[[Page S5302]]
``(B) before the personal information of the child or teen
is collected, freely and unambiguously authorizes--
``(i) the collection, use, and disclosure, as applicable,
of that personal information; and
``(ii) any subsequent use of that personal information.'';
(5) in paragraph (10)--
(A) in the paragraph header, by striking ``Website or
online service directed to children'' and inserting
``Website, online service, online application, or mobile
application directed to children'';
(B) by striking ``website or online service'' each place it
appears and inserting ``website, online service, online
application, or mobile application''; and
(C) by adding at the end the following new subparagraph:
``(C) Rule of construction.--In considering whether a
website, online service, online application, or mobile
application, or portion thereof, is directed to children, the
Commission shall apply a totality of circumstances test and
will also consider competent and reliable empirical evidence
regarding audience composition and evidence regarding the
intended audience of the website, online service, online
application, or mobile application.''; and
(6) by adding at the end the following:
``(13) Connected device.--The term `connected device' means
a device that is capable of connecting to the internet,
directly or indirectly, or to another connected device.
``(14) Online application.--The term `online application'--
``(A) means an internet-connected software program; and
``(B) includes a service or application offered via a
connected device.
``(15) Mobile application.--The term `mobile application'--
``(A) means a software program that runs on the operating
system of--
``(i) a cellular telephone;
``(ii) a tablet computer; or
``(iii) a similar portable computing device that transmits
data over a wireless connection; and
``(B) includes a service or application offered via a
connected device.
``(16) Geolocation information.--The term `geolocation
information' means information sufficient to identify a
street name and name of a city or town.
``(17) Teen.--The term `teen' means an individual who has
attained age 13 and is under the age of 17.
``(18) Individual-specific advertising to children or
teens.--
``(A) In general.--The term `individual-specific
advertising to children or teens' means advertising or any
other effort to market a product or service that is directed
to a specific child or teen or a connected device that is
linked or reasonably linkable to a child or teen based on--
``(i) the personal information from--
``(I) the child or teen; or
``(II) a group of children or teens who are similar in sex,
age, household income level, race, or ethnicity to the
specific child or teen to whom the product or service is
marketed;
``(ii) profiling of a child or teen or group of children or
teens; or
``(iii) a unique identifier of the connected device.
``(B) Exclusions.--The term `individual-specific
advertising to children or teens' shall not include--
``(i) advertising or marketing to an individual or the
device of an individual in response to the individual's
specific request for information or feedback, such as a
child's or teen's current search query;
``(ii) contextual advertising, such as when an
advertisement is displayed based on the content of the
website, online service, online application, mobile
application, or connected device in which the advertisement
appears and does not vary based on personal information
related to the viewer; or
``(iii) processing personal information solely for
measuring or reporting advertising or content performance,
reach, or frequency, including independent measurement.
``(C) Rule of construction.--Nothing in subparagraph (A)
shall be construed to prohibit an operator with actual
knowledge or knowledge fairly implied on the basis of
objective circumstances that a user is under the age of 17
from delivering advertising or marketing that is age-
appropriate and intended for a child or teen audience, so
long as the operator does not use any personal information
other than whether the user is under the age of 17.''.
(b) Online Collection, Use, Disclosure, and Deletion of
Personal Information of Children and Teens.--Section 1303 of
the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
``online collection, use, disclosure, and deletion of
personal information of children and teens.'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children or for any operator of a
website, online service, online application, or mobile
application with actual knowledge or knowledge fairly implied
on the basis of objective circumstances that a user is a
child or teen--
``(A) to collect personal information from a child or teen
in a manner that violates the regulations prescribed under
subsection (b);
``(B) except as provided in subparagraphs (B) and (C) of
section 1302(18), to collect, use, disclose to third parties,
or maintain personal information of a child or teen for
purposes of individual-specific advertising to children or
teens (or to allow another person to collect, use, disclose,
or maintain such information for such purpose);
``(C) to collect the personal information of a child or
teen except when the collection of the personal information
is--
``(i) consistent with the context of a particular
transaction or service or the relationship of the child or
teen with the operator, including collection necessary to
fulfill a transaction or provide a product or service
requested by the child or teen; or
``(ii) required or specifically authorized by Federal or
State law; or
``(D) to store or transfer the personal information of a
child or teen outside of the United States unless the
operator provides direct notice to the parent of the child,
in the case of a child, or to the teen, in the case of a
teen, that the child's or teen's personal information is
being stored or transferred outside of the United States; or
``(E) to retain the personal information of a child or teen
for longer than is reasonably necessary to fulfill a
transaction or provide a service requested by the child or
teen except as required or specifically authorized by Federal
or State law.''; and
(B) in paragraph (2)--
(i) in the header, by striking ``parent'' and inserting ``
`parent or teen' ''
(ii) by striking ``Notwithstanding paragraph (1)'' and
inserting ``Notwithstanding paragraph (1)(A)'';
(iii) by striking ``of such a website or online service'';
and
(iv) by striking ``subsection (b)(1)(B)(iii) to the parent
of a child'' and inserting ``subsection (b)(1)(B)(iv) to the
parent of a child or under subsection (b)(1)(C)(iv) to a
teen'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``operator of any website'' and all that
follows through ``from a child'' and inserting ``operator of
a website, online service, online application, or mobile
application directed to children or that has actual knowledge
or knowledge fairly implied on the basis of objective
circumstances that a user is a child or teen'';
(II) in clause (i)--
(aa) by striking ``notice on the website'' and inserting
``clear and conspicuous notice on the website'';
(bb) by inserting ``or teens'' after ``children'';
(cc) by striking ``, and the operator's'' and inserting ``,
the operator's''; and
(dd) by striking ``; and'' and inserting ``, the rights and
opportunities available to the parent of the child or teen
under subparagraphs (B) and (C), and the procedures or
mechanisms the operator uses to ensure that personal
information is not collected from children or teens except in
accordance with the regulations promulgated under this
paragraph;'';
(III) in clause (ii)--
(aa) by striking ``parental'';
(bb) by inserting ``or teens'' after ``children'';
(cc) by striking the semicolon at the end and inserting ``;
and''; and
(IV) by inserting after clause (ii) the following new
clause:
``(iii) to obtain verifiable consent from a parent of a
child or from a teen before using or disclosing personal
information of the child or teen for any purpose that is a
material change from the original purposes and disclosure
practices specified to the parent of the child or the teen
under clause (i);'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``website or online service'' and inserting ``operator'';
(II) in clause (i), by inserting ``and the method by which
the operator obtained the personal information, and the
purposes for which the operator collects, uses, discloses,
and retains the personal information'' before the semicolon;
(III) in clause (ii)--
(aa) by inserting ``to delete personal information
collected from the child or content or information submitted
by the child to a website, online service, online
application, or mobile application and'' after ``the
opportunity at any time''; and
(bb) by striking ``; and'' and inserting a semicolon;
(IV) by redesignating clause (iii) as clause (iv) and
inserting after clause (ii) the following new clause:
``(iii) the opportunity to challenge the accuracy of the
personal information and, if the parent of the child
establishes the inaccuracy of the personal information, to
have the inaccurate personal information corrected;''; and
(V) in clause (iv), as so redesignated, by inserting ``, if
such information is available to the operator at the time the
parent makes the request'' before the semicolon;
(iii) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(iv) by inserting after subparagraph (B) the following new
subparagraph:
``(C) require the operator to provide, upon the request of
a teen under this subparagraph who has provided personal
information to the operator, upon proper identification of
that teen--
[[Page S5303]]
``(i) a description of the specific types of personal
information collected from the teen by the operator, the
method by which the operator obtained the personal
information, and the purposes for which the operator
collects, uses, discloses, and retains the personal
information;
``(ii) the opportunity at any time to delete personal
information collected from the teen or content or information
submitted by the teen to a website, online service, online
application, or mobile application and to refuse to permit
the operator's further use or maintenance in retrievable
form, or online collection, of personal information from the
teen;
``(iii) the opportunity to challenge the accuracy of the
personal information and, if the teen establishes the
inaccuracy of the personal information, to have the
inaccurate personal information corrected; and
``(iv) a means that is reasonable under the circumstances
for the teen to obtain any personal information collected
from the teen, if such information is available to the
operator at the time the teen makes the request;'';
(v) in subparagraph (D), as so redesignated--
(I) by striking ``a child's'' and inserting ``a child's or
teen's''; and
(II) by inserting ``or teen'' after ``the child''; and
(vi) by amending subparagraph (E), as so redesignated, to
read as follows:
``(E) require the operator to establish, implement, and
maintain reasonable security practices to protect the
confidentiality, integrity, and accessibility of personal
information of children or teens collected by the operator,
and to protect such personal information against unauthorized
access.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``verifiable parental consent'' and inserting ``verifiable
consent'';
(ii) in subparagraph (A)--
(I) by inserting ``or teen'' after ``collected from a
child'';
(II) by inserting ``or teen'' after ``request from the
child''; and
(III) by inserting ``or teen or to contact another child or
teen'' after ``to recontact the child'';
(iii) in subparagraph (B)--
(I) by striking ``parent or child'' and inserting ``parent
or teen''; and
(II) by striking ``parental consent'' each place the term
appears and inserting ``verifiable consent'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause (i), by inserting ``or
teen'' after ``child'' each place the term appears;
(II) in clause (i)--
(aa) by inserting ``or teen'' after ``child'' each place
the term appears; and
(bb) by inserting ``or teen, as applicable,'' after
``parent'' each place the term appears; and
(III) in clause (ii)--
(aa) by striking ``without notice to the parent'' and
inserting ``without notice to the parent or teen, as
applicable,''; and
(bb) by inserting ``or teen'' after ``child'' each place
the term appears; and
(v) in subparagraph (D)--
(I) in the matter preceding clause (i), by inserting ``or
teen'' after ``child'' each place the term appears;
(II) in clause (ii), by inserting ``or teen'' after
``child''; and
(III) in the flush text following clause (iii)--
(aa) by inserting ``or teen, as applicable,'' after
``parent'' each place the term appears; and
(bb) by inserting ``or teen'' after ``child'';
(C) by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following new paragraph:
``(3) Application to operators acting under agreements with
educational agencies or institutions.--The regulations may
provide that verifiable consent under paragraph (1)(A)(ii) is
not required for an operator that is acting under a written
agreement with an educational agency or institution (as
defined in section 444 of the General Education Provisions
Act (commonly known as the `Family Educational Rights and
Privacy Act of 1974') (20 U.S.C. 1232g(a)(3)) that, at a
minimum, requires the--
``(A) operator to--
``(i) limit its collection, use, and disclosure of the
personal information from a child or teen to solely
educational purposes and for no other commercial purposes;
``(ii) provide the educational agency or institution with a
notice of the specific types of personal information the
operator will collect from the child or teen, the method by
which the operator will obtain the personal information, and
the purposes for which the operator will collect, use,
disclose, and retain the personal information;
``(iii) provide the educational agency or institution with
a link to the operator's online notice of information
practices as required under subsection (b)(1)(A)(i); and
``(iv) provide the educational agency or institution, upon
request, with a means to review the personal information
collected from a child or teen, to prevent further use or
maintenance or future collection of personal information from
a child or teen, and to delete personal information collected
from a child or teen or content or information submitted by a
child or teen to the operator's website, online service,
online application, or mobile application;
``(B) representative of the educational agency or
institution to acknowledge and agree that they have authority
to authorize the collection, use, and disclosure of personal
information from children or teens on behalf of the
educational agency or institution, along with such
authorization, their name, and title at the educational
agency or institution; and
``(C) educational agency or institution to--
``(i) provide on its website a notice that identifies the
operator with which it has entered into a written agreement
under this subsection and provides a link to the operator's
online notice of information practices as required under
paragraph (1)(A)(i);
``(ii) provide the operator's notice regarding its
information practices, as required under subparagraph
(A)(ii), upon request, to a parent, in the case of a child,
or a parent or teen, in the case of a teen; and
``(iii) upon the request of a parent, in the case of a
child, or a parent or teen, in the case of a teen, request
the operator provide a means to review the personal
information from the child or teen and provide the parent, in
the case of a child, or parent or teen, in the case of the
teen, a means to review the personal information.'';
(D) by amending paragraph (4), as so redesignated, to read
as follows:
``(4) Termination of service.--The regulations shall permit
the operator of a website, online service, online
application, or mobile application to terminate service
provided to a child whose parent has refused, or a teen who
has refused, under the regulations prescribed under
paragraphs (1)(B)(ii) and (1)(C)(ii), to permit the
operator's further use or maintenance in retrievable form, or
future online collection of, personal information from that
child or teen.''; and
(E) by adding at the end the following new paragraphs:
``(5) Continuation of service.--The regulations shall
prohibit an operator from discontinuing service provided to a
child or teen on the basis of a request by the parent of the
child or by the teen, under the regulations prescribed under
subparagraph (B) or (C) of paragraph (1), respectively, to
delete personal information collected from the child or teen,
to the extent that the operator is capable of providing such
service without such information.
``(6) Rule of construction.--A request made pursuant to
subparagraph (B) or (C) of paragraph (1) to delete or correct
personal information of a child or teen shall not be
construed--
``(A) to limit the authority of a law enforcement agency to
obtain any content or information from an operator pursuant
to a lawfully executed warrant or an order of a court of
competent jurisdiction;
``(B) to require an operator or third party delete or
correct information that--
``(i) any other provision of Federal or State law requires
the operator or third party to maintain; or
``(ii) was submitted to the website, online service, online
application, or mobile application of the operator by any
person other than the user who is attempting to erase or
otherwise eliminate the content or information, including
content or information submitted by the user that was
republished or resubmitted by another person; or
``(C) to prohibit an operator from--
``(i) retaining a record of the deletion request and the
minimum information necessary for the purposes of ensuring
compliance with a request made pursuant to subparagraph (B)
or (C);
``(ii) preventing, detecting, protecting against, or
responding to security incidents, identity theft, or fraud,
or reporting those responsible for such actions;
``(iii) protecting the integrity or security of a website,
online service, online application or mobile application; or
``(iv) ensuring that the child's or teen's information
remains deleted.
``(7) Common verifiable consent mechanism.--
``(A) In general.--
``(i) Feasibility of mechanism.--The Commission shall
assess the feasibility, with notice and public comment, of
allowing operators the option to use a common verifiable
consent mechanism that fully meets the requirements of this
title.
``(ii) Requirements.--The feasibility assessment described
in clause (i) shall consider whether a single operator could
use a common verifiable consent mechanism to obtain
verifiable consent, as required under this title, from a
parent of a child or from a teen on behalf of multiple,
listed operators that provide a joint or related service.
``(B) Report.--Not later than 1 year after the date of
enactment of this paragraph, the Commission shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives with the findings of
the assessment required by subparagraph (A).
``(C) Regulations.--If the Commission finds that the use of
a common verifiable consent mechanism is feasible and would
meet the requirements of this title, the Commission shall
issue regulations to permit the use of a common verifiable
consent mechanism in accordance with the findings outlined in
such report.'';
(4) in subsection (c), by striking ``a regulation
prescribed under subsection (a)'' and inserting
``subparagraph (B), (C), (D), or (E) of subsection (a)(1), or
of a regulation prescribed under subsection (b),''; and
[[Page S5304]]
(5) by striking subsection (d) and inserting the following:
``(d) Relationship to State Law.--The provisions of this
title shall preempt any State law, rule, or regulation only
to the extent that such State law, rule, or regulation
conflicts with a provision of this title. Nothing in this
title shall be construed to prohibit any State from enacting
a law, rule, or regulation that provides greater protection
to children or teens than the provisions of this title.''.
(c) Safe Harbors.--Section 1304 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended--
(1) in subsection (b)(1), by inserting ``and teens'' after
``children''; and
(2) by adding at the end the following:
``(d) Publication.--
``(1) In general.--Subject to the restrictions described in
paragraph (2), the Commission shall publish on the internet
website of the Commission any report or documentation
required by regulation to be submitted to the Commission to
carry out this section.
``(2) Restrictions on publication.--The restrictions
described in section 6(f) and section 21 of the Federal Trade
Commission Act (15 U.S.C. 46(f), 57b-2) applicable to the
disclosure of information obtained by the Commission shall
apply in same manner to the disclosure under this subsection
of information obtained by the Commission from a report or
documentation described in paragraph (1).''.
(d) Actions by States.--Section 1305 of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6504) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``section 1303(a)(1) or'' before ``any regulation''; and
(B) in subparagraph (B), by inserting ``section 1303(a)(1)
or'' before ``the regulation''; and
(2) in subsection (d)--
(A) by inserting ``section 1303(a)(1) or'' before ``any
regulation''; and
(B) by inserting ``section 1303(a)(1) or'' before ``that
regulation''.
(e) Administration and Applicability of Act.--Section 1306
of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6505) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, in the case of'' and
all that follows through ``the Board of Directors of the
Federal Deposit Insurance Corporation;'' and inserting the
following: ``by the appropriate Federal banking agency, with
respect to any insured depository institution (as those terms
are defined in section 3 of that Act (12 U.S.C. 1813));'';
and
(B) by striking paragraph (2) and redesignating paragraphs
(3) through (6) as paragraphs (2) through (5), respectively;
(2) in subsection (d)--
(A) by inserting ``section 1303(a)(1) or'' before ``a
rule''; and
(B) by striking ``such rule'' and inserting ``section
1303(a)(1) or a rule of the Commission under section 1303'';
and
(3) by adding at the end the following new subsections:
``(f) Determination of Whether an Operator Has Knowledge
Fairly Implied on the Basis of Objective Circumstances.--
``(1) Rule of construction.--For purposes of enforcing this
title or a regulation promulgated under this title, in making
a determination as to whether an operator has knowledge
fairly implied on the basis of objective circumstances that a
specific user is a child or teen, the Commission or State
attorneys general shall rely on competent and reliable
evidence, taking into account the totality of the
circumstances, including whether a reasonable and prudent
person under the circumstances would have known that the user
is a child or teen. Nothing in this title, including a
determination described in the preceding sentence, shall be
construed to require an operator to--
``(A) affirmatively collect any personal information with
respect to the age of a child or teen that an operator is not
already collecting in the normal course of business; or
``(B) implement an age gating or age verification
functionality.
``(2) Commission guidance.--
``(A) In general.--Within 180 days of enactment, the
Commission shall issue guidance to provide information,
including best practices and examples for operators to
understand the Commission's determination of whether an
operator has knowledge fairly implied on the basis of
objective circumstances that a user is a child or teen.
``(B) Limitation.--No guidance issued by the Commission
with respect to this title shall confer any rights on any
person, State, or locality, nor shall operate to bind the
Commission or any person to the approach recommended in such
guidance. In any enforcement action brought pursuant to this
title, the Commission or State attorney general, as
applicable, shall allege a specific violation of a provision
of this title. The Commission or State attorney general, as
applicable, may not base an enforcement action on, or execute
a consent order based on, practices that are alleged to be
inconsistent with any such guidance, unless the practices
allegedly violate this title. For purposes of enforcing this
title or a regulation promulgated under this title, State
attorneys general shall take into account any guidance issued
by the Commission under subparagraph (A).
``(g) Additional Requirement.--Any regulations issued under
this title shall include a description and analysis of the
impact of proposed and final Rules on small entities per the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.).''.
SEC. 202. STUDY AND REPORTS OF MOBILE AND ONLINE APPLICATION
OVERSIGHT AND ENFORCEMENT.
(a) Oversight Report.--Not later than 3 years after the
date of enactment of this Act, the Federal Trade Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
processes of platforms that offer mobile and online
applications for ensuring that, of those applications that
are websites, online services, online applications, or mobile
applications directed to children, the applications operate
in accordance with--
(1) this title, the amendments made by this title, and
rules promulgated under this title; and
(2) rules promulgated by the Commission under section 18 of
the Federal Trade Commission Act (15 U.S.C. 57a) relating to
unfair or deceptive acts or practices in marketing.
(b) Enforcement Report.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter, the
Federal Trade Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that addresses, at a minimum--
(1) the number of actions brought by the Commission during
the reporting year to enforce the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) (referred to in this
subsection as the ``Act'') and the outcome of each such
action;
(2) the total number of investigations or inquiries into
potential violations of the Act; during the reporting year;
(3) the total number of open investigations or inquiries
into potential violations of the Act as of the time the
report is submitted;
(4) the number and nature of complaints received by the
Commission relating to an allegation of a violation of the
Act during the reporting year; and
(5) policy or legislative recommendations to strengthen
online protections for children and teens.
SEC. 203. GAO STUDY.
(a) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller General'')
shall conduct a study on the privacy of teens who use
financial technology products. Such study shall--
(1) identify the type of financial technology products that
teens are using;
(2) identify the potential risks to teens' privacy from
using such financial technology products; and
(3) determine whether existing laws are sufficient to
address such risks to teens' privacy.
(b) Report.--Not later than 1 year after the date of
enactment of this section, the Comptroller General shall
submit to Congress a report containing the results of the
study conducted under subsection (a), together with
recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
SEC. 204. SEVERABILITY.
If any provision of this title, or an amendment made by
this title, is determined to be unenforceable or invalid, the
remaining provisions of this title and the amendments made by
this title shall not be affected.
TITLE III--ELIMINATING USELESS REPORTS
SEC. 301. SUNSETS FOR AGENCY REPORTS.
(a) In General.--Section 1125 of title 31, United States
Code, is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Definitions.--In this section:
``(1) Budget justification materials.--The term `budget
justification materials' has the meaning given the term in
section 3(b)(2) of the Federal Funding Accountability and
Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law
109-282).
``(2) Plan or report.--The term `plan or report' means any
plan or report submitted to Congress, any committee of
Congress, or subcommittee thereof, by not less than 1
agency--
``(A) in accordance with Federal law; or
``(B) at the direction or request of a congressional
report.
``(3) Recurring plan or report.--The term `recurring plan
or report' means a plan or report submitted on a recurring
basis.
``(4) Relevant congressional committee.--The term `relevant
congressional committee'--
``(A) means a congressional committee to which a recurring
plan or report is required to be submitted; and
``(B) does not include any plan or report that is required
to be submitted solely to the Committee on Armed Services of
the House of Representatives or the Senate.
``(b) Agency Identification of Unnecessary Reports.--
``(1) In general.--The head of each agency shall include in
the budget justification materials of the agency the
following:
``(A) Subject to paragraphs (2) and (3), the following:
``(i) A list of each recurring plan or report submitted by
the agency.
``(ii) An identification of whether the recurring plan or
report listed in clause (i) was
[[Page S5305]]
included in the most recent report issued by the Clerk of the
House of Representatives concerning the reports that any
agency is required by law or directed or requested by a
committee report to make to Congress, any committee of
Congress, or subcommittee thereof.
``(iii) If applicable, the unique alphanumeric identifier
for the recurring plan or report as required by section
7243(b)(1)(C)(vii) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
``(iv) The identification of any recurring plan or report
the head of the agency determines to be outdated or
duplicative.
``(B) With respect to each recurring plan or report
identified in subparagraph (A)(iv), the following:
``(i) A recommendation on whether to sunset, modify,
consolidate, or reduce the frequency of the submission of the
recurring plan or report.
``(ii) A citation to each provision of law or directive or
request in a congressional report that requires or requests
the submission of the recurring plan or report.
``(iii) A list of the relevant congressional committees for
the recurring plan or report.
``(C) A justification explaining, with respect to each
recommendation described in subparagraph (B)(i) relating to a
recurring plan or report--
``(i) why the head of the agency made the recommendation,
which may include an estimate of the resources expended by
the agency to prepare and submit the recurring plan or
report; and
``(ii) the understanding of the head of the agency of the
purpose of the recurring plan or report.
``(2) Agency consultation.--
``(A) In general.--In preparing the list required under
paragraph (1)(A), if, in submitting a recurring plan or
report, an agency is required to coordinate or consult with
another agency or entity, the head of the agency submitting
the recurring plan or report shall consult with the head of
each agency or entity with whom consultation or coordination
is required.
``(B) Inclusion in list.--If, after a consultation under
subparagraph (A), the head of each agency or entity consulted
under that subparagraph agrees that a recurring plan or
report is outdated or duplicative, the head of the agency
required to submit the recurring plan or report shall--
``(i) include the recurring plan or report in the list
described in paragraph (1)(A); and
``(ii) identify each agency or entity with which the head
of the agency is required to coordinate or consult in
submitting the recurring plan or report.
``(C) Disagreement.--If the head of any agency or entity
consulted under subparagraph (A) does not agree that a
recurring plan or report is outdated or duplicative, the head
of the agency required to submit the recurring plan or report
shall not include the recurring plan or report in the list
described in paragraph (1)(A).
``(3) Government-wide or multi-agency plan and report
submissions.--With respect to a recurring plan or report
required to be submitted by not less than 2 agencies, the
Director of the Office of Management and Budget shall--
``(A) determine whether the requirement to submit the
recurring plan or report is outdated or duplicative; and
``(B) make recommendations to Congress accordingly.
``(4) Plan and report submissions conformity to the access
to congressionally mandated reports act.--With respect to an
agency recommendation, citation, or justification made under
subparagraph (B) or (C) of paragraph (1) or a recommendation
by the Director of the Office of Management and Budget under
paragraph (3), the agency or Director, as applicable, shall
also provide this information to the Director of the
Government Publishing Office in conformity with the agency
submission requirements under section 7244(a) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023 (Public Law 117-263; chapter 41 of title 44 note) in
conformity with guidance issued by the Director of the Office
of Management and Budget under section 7244(b) of such Act.
``(c) Rule of Construction on Agency Requirements.--Nothing
in this section shall be construed to exempt the head of an
agency from a requirement to submit a recurring plan or
report.''; and
(3) in subsection (d), as so redesignated, by striking ``in
the budget of the United States Government, as provided by
section 1105(a)(37)'' and inserting ``in the budget
justification materials of each agency''.
(b) Budget Contents.--Section 1105(a) of title 31, United
States Code, is amended by striking paragraph (39).
(c) Conformity to the Access to Congressionally Mandated
Reports Act.--
(1) Amendment.--Subsections (a) and (b) of section 7244 of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117-263; chapter 41 of title 44,
United States Code, note), are amended to read as follows:
``(a) Submission of Electronic Copies of Reports.--Not
earlier than 30 days or later than 60 days after the date on
which a congressionally mandated report is submitted to
either House of Congress or to any committee of Congress or
subcommittee thereof, the head of the Federal agency
submitting the congressionally mandated report shall submit
to the Director the information required under subparagraphs
(A) through (D) of section 7243(b)(1) with respect to the
congressionally mandated report. Notwithstanding section
7246, nothing in this subtitle shall relieve a Federal agency
of any other requirement to publish the congressionally
mandated report on the online portal of the Federal agency or
otherwise submit the congressionally mandated report to
Congress or specific committees of Congress, or subcommittees
thereof.
``(b) Guidance.--Not later than 180 days after the date of
the enactment of this subsection and periodically thereafter
as appropriate, the Director of the Office of Management and
Budget, in consultation with the Director, shall issue
guidance to agencies on the implementation of this subtitle
as well as the requirements of section 1125(b) of title 31,
United States Code.''.
(2) Updated omb guidance.--Not later than 180 days after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall issue updated guidance
to agencies to ensure that the requirements under subsections
(a) and (b) of section 1125 of title 31, United States Code,
as amended by this Act, for agency submissions of
recommendations and justifications for plans and reports to
sunset, modify, consolidate, or reduce the frequency of the
submission of are also submitted as a separate attachment in
conformity with the agency submission requirements of
electronic copies of reports submitted by agencies under
section 7244(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263;
chapter 41 of title 44, United States Code, note) for
publication on the online portal established under section
7243 of such Act.
______
SA 3022. Mr. SCHUMER proposed an amendment to amendment SA 3021
proposed by Mr. Schumer to the bill S. 2073, to amend title 31, United
States Code, to require agencies to include a list of outdated or
duplicative reporting requirements in annual budget justifications, and
for other purposes; as follows:
At the end add the following:
SEC. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 day after
the date of enactment of this Act.
______
SA 3023. Mr. SCHUMER proposed an amendment to the bill S. 2073, to
amend title 31, United States Code, to require agencies to include a
list of outdated or duplicative reporting requirements in annual budget
justifications, and for other purposes; as follows:
At the end add the following:
SEC. EFFECTIVE DATE.
This Act shall take effect on the date that is 2 days after
the date of enactment of this Act.
______
SA 3024. Mr. SCHUMER proposed an amendment to amendment SA 3023
proposed by Mr. Schumer to the bill S. 2073, to amend title 31, United
States Code, to require agencies to include a list of outdated or
duplicative reporting requirements in annual budget justifications, and
for other purposes; as follows:
On page 1, line 3, strike ``2 days'' and insert ``3 days''.
______
SA 3025. Mr. SCHUMER proposed an amendment to amendment SA 3024
proposed by Mr. Schumer to the amendment SA 3023 proposed by Mr.
Schumer to the bill S. 2073, to amend title 31, United States Code, to
require agencies to include a list of outdated or duplicative reporting
requirements in annual budget justifications, and for other purposes;
as follows:
On page 1, line `, strike ``3 days'' and insert ``4 days''.
______
SA 3026. 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 E of title VIII, add the following:
SEC. 891. MEDICAL FACILITIES JANITORIAL SERVICES
CLASSIFICATION AND CAP ENHANCEMENT.
(a) Short Title.--This section may be cited as the
``Medical Facilities Janitorial Services Classification and
Cap Enhancement Act''.
(b) Findings.--Congress makes the following findings:
(1) The COVID-19 pandemic has brought unprecedented
challenges to healthcare facilities, necessitating enhanced
cleaning and sanitation protocols to ensure the safety of
patients, healthcare workers, and the general public.
(2) Medical facilities, including hospitals, have been
required to implement stringent
[[Page S5306]]
cleaning measures, such as frequent disinfection of high-
touch surfaces, regular deep cleaning of patient rooms, and
the use of specialized equipment and chemicals to prevent the
spread of infectious diseases.
(3) These heightened cleaning requirements have led to a
significant increase in the demand for janitorial services in
medical facilities, a sector referred to as ``Medical
Facilities Janitorial''.
(4) The increased demand for janitorial services in medical
facilities has resulted in substantial cost escalations.
Janitorial service providers have had to invest in additional
staff, specialized training, and equipment to meet the
rigorous cleaning standards, leading to rising operational
expenses.
(5) The cost disparity between providing janitorial
services to medical facilities and ``General Janitorial''
services for other commercial spaces has continued to grow
during the pandemic.
(6) The cost difference can be attributed to the distinct
and heightened cleaning requirements in medical facilities,
including the need for specialized cleaning equipment, highly
trained personnel, and the use of specific disinfectants and
sanitization methods.
(7) Office environments, by contrast, have experienced a
decrease in demand due to remote work, resulting in reduced
janitorial costs.
(8) Currently, both ``Medical Facilities Janitorial''
services and ``General Janitorial'' services fall under the
same North American Industry Classification System (NAICS)
code, failing to accurately differentiate between the
distinct cleaning requirements and cost structures of these
two sectors.
(9) The current NAICS code classification system does not
adequately reflect the increased cost burden faced by
janitorial service providers operating within healthcare
facilities.
(10) Addressing the issue of NAICS code classification is
crucial to ensuring that the unique challenges and financial
burdens faced by janitorial service providers in medical
facilities are accurately accounted for and properly
addressed.
(b) Purpose.--To address the continued disparity in cost,
it is the intent of Congress break out a code for janitorial
services of medical facilities from all other janitorial
services included in the current NAICS code.
(c) Definitions.--In this section
(1) NAICS.--The term ``NAICS'' means the North American
Industry Classification System, a standard for classifying
business establishments by their primary economic activity.
(2) Medical facilities janitorial services.--The term
``medical facilities janitorial services'' means the cleaning
and maintenance services provided specifically within medical
facilities, including hospitals, clinics, laboratories, and
other healthcare facilities.
(d) Separate NAICS Code for ``Medical Facilities
Janitorial'' Services.--The Office of Management and Budget
shall create a separate NAICS code from the 561720 code
specifically for ``Medical Facilities Janitorial'' services
within the NAICS. The new NAICS code shall accurately capture
the unique nature and requirements of cleaning and
maintenance services within medical facilities.
(e) Higher Cap for ``Medical Facilities Janitorial''
Services.--The Small Business Administration shall establish
a higher cap for the ``Medical Facilities Janitorial'' NAICS
code, in recognition of the increased costs, regulatory
compliance requirements, sanitation standards, and
specialized equipment and training associated with medical
facilities janitorial services. The cap for the ``Medical
Facilities Janitorial'' NAICS code shall be set at twice the
amount currently assigned to NAICS code 5720, the general
janitorial services NAICS code.
(f) Use of ``Medical Facilities Janitorial'' NAICS Code in
Contract Awards.--
(1) In general.--Contracting officers at Federal agencies
shall be required to use the ``Medical Facilities
Janitorial'' NAICS code established under section (d) when
awarding contracts for medical facilities janitorial
services.
(2) Determinations not to use naics code.--
(A) Written explanation required.--Contracting officers who
determine that the use of the ``Medical Facilities
Janitorial'' NAICS code is not appropriate for such a
contract shall provide a written explanation justifying the
use of an alternative NAICS code.
(B) Review of determinations.--A determination and written
explanation described in subparagraph (A) shall be subject to
review and signoff by the head of the contracting agency or a
designated senior official within the agency. The head of the
contracting agency or designated senior official shall review
the written explanation and assess whether the use of an
alternative NAICS code is justified based on the specific
circumstances of the contract.
(C) Consistency.--The review process required under this
paragraph shall ensure proper justification and oversight to
maintain consistency and accuracy in the classification and
awarding of contracts for medical facilities janitorial
services.
(g) Effective Date.--This section shall take effect on the
date of the enactment of this Act and apply to contracts
awarded on or after such date.
______
SA 3027. Mr. BENNET (for himself, Mrs. Blackburn, Mr. Coons, 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 in subtitle H of title X, add the
following:
SEC. ___. EXPANSION OF ADVANCED MANUFACTURING INVESTMENT
CREDIT.
(a) In General.--Paragraph (3) of section 48D(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(3) Advanced manufacturing facility.--The term `advanced
manufacturing facility' means a facility for which the
primary purpose is the manufacturing of--
``(A) semiconductors,
``(B) semiconductor manufacturing equipment, or
``(C) materials integral to the manufacturing of
semiconductors or semiconductor manufacturing equipment.''.
(b) Effective Date.--The amendment made by this section
shall apply to property the construction of which begins
after December 31, 2024.
______
SA 3028. 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 in title II, insert the following:
SEC. ___. LARGE AND MEDIUM FIXED-WING UNMANNED AIRCRAFT AND
UNMANNED AIRCRAFT SYSTEM PILOT PROGRAM.
(a) Pilot Program Authorized.--The Secretary shall, in
coordination with the Administrator of the Federal Aviation
Administration, carry out a pilot program to assess the
feasibility and advisability of conducting flights of large
and medium unmanned aircraft and unmanned aircraft systems in
high- or medium-density complex airspace environments.
(b) Locations.--
(1) In general.--The Secretary shall carry out a pilot
program under subsection (a) in the United States.
(2) Installations.--In carrying out the pilot program
required by subsection (a), the Secretary may select 5
installations of the Air Force or the Air National Guard from
which unmanned aircraft and unmanned aircraft systems
participating in the pilot program may depart, arrive, and be
housed.
(c) Testing.--In carrying out the pilot program required by
subsection (a), the Secretary shall test large and medium
unmanned aircraft and unmanned aircraft systems operations
and advanced air mobility airspace integration, flight
verification, and validation.
(d) Use of Aircraft.--In carrying out the pilot program
required by subsection (a), the Secretary may use large and
medium unmanned aircraft and unmanned aircraft systems
procured by the Department of Defense.
(e) Coordination With Other Agency Heads.--In carrying out
the pilot program required by subsection (a), the Secretary
may coordinate with the heads of other Executive agencies to
conduct joint large and medium unmanned aircraft and unmanned
aircraft system operations using the unmanned aircraft and
unmanned aircraft systems and facilities of the respective
Executive agency at the pilot program locations selected by
the Secretary for purposes of the pilot program, subject to
the approval of those heads of other Executive agencies.
(f) Annual Briefing.--Not later than one year after the
date of the enactment of this Act, and annually thereafter
for 4 years, the Secretary and the Administrator of the
Federal Aviation Administration shall jointly provide a
briefing to the appropriate committees of Congress on the
activities carried out under this section.
(g) Rule of Construction.--Nothing in this section shall be
construed to affect the existing authorities of the
Administrator of the Federal Aviation Administration related
to unmanned aircraft system integration or the safety and
efficiency of the national airspace system.
(h) Termination.-- The requirement to carry out the pilot
program authorized by subsection (a) shall terminate 6 years
after the date of the enactment of this Act.
(i) Definitions.--In this section:
(1) The term ``advanced air mobility'' has the meaning
given the term in section 2(i) of the Advanced Air Mobility
Coordination and Leadership Act (Public Law 117-203; 49
U.S.C. 40101 note).
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(3) The term ``Department'' means the Department of
Defense.
[[Page S5307]]
(4) The term ``Secretary'' means the Secretary of Defense.
(5) The terms ``unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given those terms in section 44801
of title 49, United States Code.
______
SA 3029. 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. ___. Flexibilities for Federal employees who are spouses
of a member of the Armed Forces or the Foreign Service
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 6329e. Permanent change of station leave
``(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;
``(ii) the United States Postal Service; and
``(iii) the Postal Regulatory Commission.
``(2) Armed forces.--The term `Armed Forces' has the
meaning given the term `armed forces' in section 2101.
``(3) Covered individual.--The term `covered individual'
means an individual who--
``(A) is the spouse of--
``(i) a member of the Armed Forces; or
``(ii) a member of 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) Employee.--The term `employee' includes--
``(A) an individual employed on a temporary or term basis;
and
``(B) an employee of the United States Postal Service or
the Postal Regulatory Commission.
``(5) Member of the foreign service.--The term `member of
the Foreign Service'--
``(A) means an individual described in section 103 of the
Foreign Service Act of 1980 (22 U.S.C. 3903); and
``(B) includes 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
the Foreign Service Act of 1980 (22 U.S.C. 3922).
``(6) Paid leave.--The term `paid leave' means, with
respect to an employee, leave without loss of or reduction
in--
``(A) pay;
``(B) leave to which the employee is otherwise entitled
under law; or
``(C) credit for time or service.
``(7) Permanent change of station.--The term `permanent
change of station' means, with respect to a member of the
Armed Forces or a member of 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.
``(b) Permanent Change of Station Leave.--
``(1) Entitlement to leave.--
``(A) In general.--A covered individual shall be entitled
to 40 hours of paid leave because of the permanent change of
station of the spouse of the covered individual.
``(B) Discretion to grant additional leave.--In accordance
with agency policy, the head of the agency employing a
covered individual may grant leave to the covered individual
that is--
``(i) in addition to the leave to which the covered
individual is entitled under subparagraph (A); and
``(ii) for the purpose described in subparagraph (A).
``(2) Schedule.--A covered individual may take leave under
paragraph (1) intermittently or on a reduced leave schedule.
``(3) Notice.--A covered individual taking leave under
paragraph (1) shall provide the agency employing the covered
individual with such notice regarding the taking of that
leave as is reasonable and practicable.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``6329e. Permanent change of station leave.''.
______
SA 3030. 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 III, add the following:
SEC. 302. INCREASE OF AMOUNTS AVAILABLE FOR THE AIR FORCE FOR
OPERATION AND MAINTENANCE.
(a) In General.--The amount authorized to be appropriated
in section 301 for operation and maintenance for the Air
Force, as specified in the corresponding funding table in
section 4301, is hereby increased by $20,000,000.
(b) Offset.--The amount authorized to be appropriated in
section 201 for research, development, test, and evaluation
defense-wide, as specified in the corresponding funding table
in section 4201, is hereby decreased by $20,000,000, with the
amount of such decrease to be derived from amounts available
for the Strategic Environmental Research Program.
______
SA 3031. 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 installations 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 installation
described in such subsection:
(1) A schedule of future off-site drinking water sampling
efforts and results of off-site 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
installation 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 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 or
information repository containing site-related environmental
restoration documents for the installation, such as work
plans, environmental reports, regulator comments, decision
documents, and public comments.
(6) The location of the restoration advisory board document
repository for the installation 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 installation.
______
SA 3032. 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. PILOT PROGRAM ON ACTIVITIES UNDER THE PRE-
SEPARATION TRANSITION PROCESS OF MEMBERS OF THE
ARMED FORCES FOR A REDUCTION IN SUICIDE AMONG
VETERANS.
(a) Pilot Program Required.--The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly carry out a
pilot program to assess the feasibility and advisability of
providing the module described in subsection (b) and services
under subsection (c) as part of the pre-separation transition
process for members of the Armed Forces as a means of
reducing the incidence of suicide among veterans.
(b) Module.--
(1) In general.--The module described in this subsection
shall include the following:
(A) An in-person meeting between a cohort of members of the
Armed Forces participating in the pilot program and a social
[[Page S5308]]
worker or nurse in which the social worker or nurse--
(i) educates the cohort on resources for and specific
potential risks confronting such members after discharge or
release from the Armed Forces, including--
(I) loss of community or a support system;
(II) isolation from family, friends, or society;
(III) identity crisis in the transition from military to
civilian life;
(IV) vulnerability viewed as a weakness;
(V) need for empathy;
(VI) self-medication and addiction;
(VII) importance of sleep and exercise;
(VIII) homelessness;
(IX) risk factors contributing to attempts of suicide and
deaths by suicide; and
(X) safe storage of firearms as part of suicide prevention
lethal means safety efforts;
(ii) educates the cohort on--
(I) the signs and symptoms of suicide risk and physical,
psychological, or neurological issues, such as post-traumatic
stress disorder, traumatic brain injury, chronic pain, sleep
disorders, substance use disorders, adverse childhood
experiences, depression, bipolar disorder, and socio-
ecological concerns, such as homelessness, unemployment, and
relationship strain;
(II) the potential risks for members of the Armed Forces
from such issues after discharge or release from the Armed
Forces; and
(III) the resources and treatment options available to such
members for such issues through the Department of Veterans
Affairs, the Department of Defense, and non-profit
organizations;
(iii) educates the cohort about the resources available to
victims of military sexual trauma through the Department of
Veterans Affairs; and
(iv) educates the cohort about the manner in which members
might experience challenges during the transition from
military to civilian life, and the resources available to
them through the Department of Veterans Affairs, the
Department of Defense, and other organizations.
(B) The provision to each member of the cohort of contact
information for a counseling or other appropriate facility of
the Department of Veterans Affairs in the locality in which
such member intends to reside after discharge or release.
(C) The submittal by each member of the cohort to the
Department of Veterans Affairs (including both the Veterans
Health Administration and the Veterans Benefits
Administration) of their medical records in connection with
service in the Armed Forces, whether or not such members
intend to file a claim with the Department for benefits with
respect to any service-connected disability.
(2) Composition of cohort.--Each cohort participating in
the module described in this subsection shall be comprised of
not fewer than 50 individuals.
(c) Services.--In carrying out the pilot program, the
Secretary of Defense and the Secretary of Veterans Affairs
shall provide to each individual participating in the pilot
program the following services:
(1) During the transition process and prior to discharge or
release from the Armed Forces, a one-on-one meeting with a
social worker or nurse of the Department of Veterans Affairs
who will--
(A) conduct an assessment of the individual regarding
eligibility to receive health care or counseling services
from the Department of Veterans Affairs;
(B) for those eligible, or likely to be eligible, to
receive health care or counseling services from the
Department of Veterans Affairs--
(i) identify and provide contact information for an
appropriate facility of the Department of Veterans Affairs in
the locality in which such individual intends to reside after
discharge or release;
(ii) facilitate registration or enrollment in the system of
patient enrollment of the Department of Veterans Affairs
under section 1705(a) of title 38, United States Code, if
applicable;
(iii) educate the individual about care, benefits, and
services available to the individual through the Veterans
Health Administration; and
(iv) coordinate health care based on the health care needs
of the individual, if applicable, to include establishing an
initial appointment, at the election of the individual, to
occur not later than 90 days after the date of discharge or
release of the member from the Armed Forces.
(2) For each individual determined ineligible for care and
services from the Department of Veterans Affairs during the
transition process, the Secretary of Defense shall conduct an
assessment of the individual to determine the needs of the
individual and appropriate follow-up, which shall be
identified and documented in the appropriate records of the
Department of Defense.
(3) During the appointment scheduled pursuant to paragraph
(1)(B)(iv), the Secretary of Veterans Affairs shall conduct
an assessment of the individual to determine the needs of the
individual and appropriate follow-up, which shall be
identified and documented in the appropriate records of the
Department of Veterans Affairs.
(d) Locations.--
(1) Module and meeting.--The module under subsection (b)
and the one-on-one meeting under subsection (c)(1) shall be
carried out at not fewer than 10 locations of the Department
of Defense that serve not fewer than 300 members of the Armed
Forces annually that are jointly selected by the Secretary of
Defense and the Secretary of Veterans Affairs for purposes of
the pilot program.
(2) Assessment and appointment.--The assessment under
subsection (c)(2) and the appointment under subsection (c)(3)
may occur at any location determined appropriate by the
Secretary of Defense or the Secretary of Veterans Affairs, as
the case may be.
(3) Members served.--The locations selected under paragraph
(1) shall, to the extent practicable, be locations that,
whether individually or in aggregate, serve all the Armed
Forces and both the regular and reserve components of the
Armed Forces.
(e) Selection and Commencement.--The Secretary of Defense
and the Secretary of Veterans Affairs shall jointly select
the locations of the pilot program under subsection (d)(1)
and commence carrying out activities under the pilot program
by not later than September 30, 2024.
(f) Duration.--The duration of the pilot program shall be
five years.
(g) Reports.--
(1) In general.--Not later than one year after the
commencement of the pilot program, and annually thereafter
during the duration of the pilot program, the Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
submit to the appropriate committees of Congress a report on
the activities under the pilot program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The demographic information of the members and former
members of the Armed Forces who participated in the pilot
program during the one-year period ending on the date of such
report.
(B) A description of the activities under the pilot program
during such period.
(C) An assessment of the benefits of the activities under
the pilot program during such period to members and former
members of the Armed Forces.
(D) An assessment of whether the activities under the pilot
program as of the date of such report have met the targeted
outcomes of the pilot program among members and former
members who participated in the pilot program within one year
of discharge or release from the Armed Forces.
(E) Such recommendations as the Secretary of Defense and
the Secretary of Veterans Affairs jointly consider
appropriate regarding the feasibility and advisability of
expansion of the pilot program, extension of the pilot
program, or both.
(h) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
______
SA 3033. 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. __. PROHIBITION ON IMPORTATION OF ELECTRIC VEHICLES FROM
THE PEOPLE'S REPUBLIC OF CHINA.
The importation of electric vehicles manufactured in the
People's Republic of China, or by an entity organized under
the laws of or otherwise subject to the jurisdiction of the
People's Republic of China, is prohibited.
______
SA 3034. 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 I, add the following:
SEC. 144. BRIEFING ON SUPPLY CHAIN COMPLIANCE IN THE F-35
AIRCRAFT PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that
the F-35 aircraft program, as one of the premier acquisition
programs of the Department of Defense, should be a leader in
demonstrating compliance with acquisition policies and
statutes and should not be regularly requesting and issuing
waivers for the use of noncompliant materials sourced from
the People's Republic of China.
(b) Briefing Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Program Executive Officer of
the F-35 Joint Program Office shall brief the congressional
defense committees on the compliance of the F-35 aircraft
program with chapter 385 of title 10, United States Code.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
[[Page S5309]]
(A) A description of all noncompliant materials found in
the F-35 aircraft program since the inception of the program.
(B) A description of efforts to qualify compliant suppliers
and encourage domestic suppliers to participate in the F-35
aircraft program, including any plans for investments in
domestic suppliers through the Office of Industrial Base
Policy to address requirements for materials used in the
program that were previously subject to a waiver.
______
SA 3035. Mr. MARKEY (for himself, Mr. Sanders, Ms. Warren, 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 end of subtitle B of title XV, add the following:
SEC. 1526. STATEMENT OF POLICY WITH RESPECT TO NUCLEAR
WEAPONS.
It is the policy of the United States to maintain a human
``in the loop'' for all actions critical to informing and
executing decisions by the President with respect to nuclear
weapon employment.
______
SA 3036. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel 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, add the following:
SEC. 1526. REPORT ON DANGERS POSED BY NUCLEAR REACTORS IN
AREAS THAT MIGHT EXPERIENCE ARMED CONFLICT.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense and the
Administrator for Nuclear Security shall jointly submit to
the appropriate committees of Congress a report assessing the
following:
(1) The dangers posed to the national security of the
United States, to the interests of allies and partners of the
United States, and to the safety and security of civilian
populations, by nuclear reactors and nuclear power plants in
existence as of such date of enactment or scheduled to be
completed during the 10-year period beginning on such date of
enactment and located in the following areas:
(A) Regions that have experienced armed conflict in the 25
years preceding such date of enactment.
(B) Areas that are contested or likely to experience armed
conflict during the life span of those reactors and plants.
(C) Areas that would be involved in any of the following
hypothetical conflicts:
(i) An attack by the Russian Federation on the eastern
European countries of Estonia, Latvia, Belarus, Lithuania, or
Poland.
(ii) A conflict between India and Pakistan.
(iii) A conflict over Taiwan.
(iv) An attack by North Korea on South Korea.
(2) Steps the United States or allies and partners of the
United States can take to prevent, prepare for, and mitigate
the risks to the national security of the United States, to
the interests of allies and partners of the United States,
and to the safety and security of civilian populations, posed
by nuclear reactors and power plants in places that may
experience armed conflict.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(c) 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 Environment and
Public Works of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Energy and Commerce of
the House of Representatives.
______
SA 3037. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel 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, add the following:
SEC. 1526. HASTENING ARMS LIMITATIONS TALKS ACT OF 2024.
(a) Short Title.--This section may be cited as the
``Hastening Arms Limitations Talks Act of 2024'' or the
``HALT Act of 2024''.
(b) Findings.--Congress makes the following findings:
(1) The use of nuclear weapons poses an existential threat
to humanity, a fact that led President Ronald Reagan and
Soviet Premier Mikhail Gorbachev to declare in a joint
statement in 1987 that a ``nuclear war cannot be won and must
never be fought'', a sentiment affirmed by the People's
Republic of China, France, the Russian Federation, the United
Kingdom, and the United States in January 2022.
(2) On June 12, 1982, an estimated 1,000,000 people
attended the largest peace rally in United States history, in
support of a movement to freeze and reverse the nuclear arms
race, a movement that helped to create the political will
necessary for the negotiation of several bilateral arms
control treaties between the United States and former Soviet
Union, and then the Russian Federation. Those treaties
contributed to strategic stability through mutual and
verifiable reciprocal nuclear weapons reductions.
(3) Since the advent of nuclear weapons in 1945, millions
of people around the world have stood up to demand
meaningful, immediate international action to halt, reduce,
and eliminate the threats posed by nuclear weapons, nuclear
weapons testing, and nuclear war, to humankind and the
planet.
(4) In 1970, the Treaty on the Non-Proliferation of Nuclear
Weapons done at Washington, London, and Moscow July 1, 1968
(21 UST 483) (commonly referred to as the ``Nuclear Non-
Proliferation Treaty'' or the ``NPT''), entered into force,
which includes a binding obligation on the 5 nuclear-weapon
states (commonly referred to as the ``P5''), among other
things, ``to pursue negotiations in good faith on effective
measures relating to the cessation of the nuclear arms race .
. . and to nuclear disarmament''.
(5) Bipartisan United States global leadership has curbed
the growth in the number of countries possessing nuclear
weapons and has slowed overall vertical proliferation among
countries already possessing nuclear weapons, as is
highlighted by a more than 90 percent reduction in the United
States nuclear weapons stockpile from its Cold War height of
31,255 in 1967.
(6) The United States testing of nuclear weapons is no
longer necessary as a result of the following major technical
developments since the Senate's consideration of the
Comprehensive Nuclear-Test-Ban Treaty (commonly referred to
as the ``CTBT'') in 1999:
(A) The verification architecture of the Comprehensive
Nuclear Test-Ban-Treaty Organization (commonly referred to as
the ``CTBTO'')--
(i) has made significant advancements, as seen through its
network of 300 International Monitoring Stations and its
International Data Centre, which together provide for the
near instantaneous detection of nuclear explosives tests,
including all 6 such tests conducted by North Korea between
2006 and 2017; and
(ii) is operational 24 hours a day, 7 days a week.
(B) Since the United States signed the CTBT, confidence has
grown in the science-based Stockpile Stewardship and
Management Plan of the Department of Energy, which forms the
basis of annual certifications to the President regarding the
continual safety, security, and effectiveness of the United
States nuclear deterrent in the absence of nuclear testing,
leading former Secretary of Energy Ernest Moniz to remark in
2015 that ``lab directors today now state that they certainly
understand much more about how nuclear weapons work than
during the period of nuclear testing''.
(7) Despite the progress made to reduce the number and role
of, and risks posed by, nuclear weapons, and to halt the Cold
War-era nuclear arms race, tensions between countries that
possess nuclear weapons are on the rise, key nuclear risk
reduction treaties are under threat, significant stockpiles
of weapons-usable fissile material remain, and a qualitative
global nuclear arms race is now underway with each of the
countries that possess nuclear weapons spending tens of
billions of dollars each year to maintain and improve their
arsenals.
(8) The Russian Federation is pursuing the development of
destabilizing types of nuclear weapons that are not presently
covered under any existing arms control treaty or agreement
and the People's Republic of China, India, Pakistan, and the
Democratic People's Republic of Korea have each taken
concerning steps to diversify their more modest sized, but
nonetheless very deadly, nuclear arsenals.
(9) President Joseph R. Biden's 2022 Nuclear Posture Review
was right to label the nuclear-armed sea-launched cruise
missile as ``no longer necessary'', as that missile, if
deployed, would have the effect of lowering the threshold for
nuclear weapons use.
(10) On February 3, 2021, President Joseph R. Biden
preserved binding and verifiable limits on the deployed and
non-deployed strategic forces of the largest two nuclear
weapons powers through the five-year extension of the Treaty
between the United States of America and the Russian
Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed April 8, 2010,
and entered into force February 5, 2011 (commonly referred to
as the ``New START Treaty'').
(11) In 2013, the report on a nuclear weapons employment
strategy of the United States submitted under section 492 of
title 10, United States Code, determined that it is possible
to ensure the security of the United States and allies and
partners of the United
[[Page S5310]]
States and maintain a strong and credible strategic deterrent
while safely pursuing up to a \1/3\ reduction in deployed
nuclear weapons from the level established in the New START
Treaty.
(12) On January 12, 2017, then-Vice President Biden stated,
``[G]iven our non-nuclear capabilities and the nature of
today's threats--it's hard to envision a plausible scenario
in which the first use of nuclear weapons by the United
States would be necessary. Or make sense.''.
(13) In light of moves by the United States and other
countries to increase their reliance on nuclear weapons, a
global nuclear freeze would seek to halt the new nuclear arms
race by seeking conclusion of a comprehensive and verifiable
freeze on the testing, deployment, and production of nuclear
weapons and delivery vehicles for such weapons.
(14) The reckless and repeated nuclear threats by Russian
President Vladimir Putin since the February 2022 invasion of
Ukraine by the Russian Federation underscore the need for a
global nuclear freeze.
(c) Statement of Policy.--The following is the policy of
the United States:
(1) The United States should build upon its decades long,
bipartisan efforts to reduce the number and salience of
nuclear weapons by leading international negotiations on
specific arms-reduction measures as part of a 21st century
global nuclear freeze movement.
(2) Building on the 2021 extension of the New START Treaty,
the United States should engage with all other countries that
possess nuclear weapons to seek to negotiate and conclude
future multilateral arms control, disarmament, and risk
reduction agreements, which should contain some or all of the
following provisions:
(A) An agreement by the United States and the Russian
Federation on a resumption of on-site inspections and
verification measures per the New START Treaty and a follow-
on treaty or agreement to the New START Treaty that may lower
the central limits of the Treaty and cover new kinds of
strategic delivery vehicles or non-strategic nuclear weapons.
(B) An agreement on a verifiable freeze on the testing,
production, and further deployment of all nuclear weapons and
delivery vehicles for such weapons.
(C) An agreement that establishes a verifiable numerical
ceiling on the deployed shorter-range and intermediate-range
and strategic delivery systems (as defined by the Treaty
Between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles signed at Washington
December 8, 1987, and entered into force June 1, 1988
(commonly referred to as the ``Intermediate-Range Nuclear
Forces Treaty''), and the New START Treaty, respectively) and
the nuclear warheads associated with such systems belonging
to the P5, and to the extent possible, all countries that
possess nuclear weapons, at August 2, 2019, levels.
(D) An agreement by each country to adopt a policy of no
first use of nuclear weapons or provide transparency into its
nuclear declaratory policy.
(E) An agreement on a proactive United Nations Security
Council resolution that expands access by the International
Atomic Energy Agency to any country found by the Board of
Governors of that Agency to be noncompliant with its
obligations under the NPT.
(F) An agreement to refrain from configuring nuclear forces
in a ``launch on warning'' or ``launch under warning''
nuclear posture, which may prompt a nuclear armed country to
launch a ballistic missile attack in response to detection by
an early-warning satellite or sensor of a suspected incoming
ballistic missile.
(G) An agreement not to target or interfere in the nuclear
command, control, and communications (commonly referred to as
``NC3'') infrastructure of another country through a kinetic
attack or a cyberattack.
(H) An agreement on transparency measures or verifiable
limits, or both, on hypersonic cruise missiles and glide
vehicles that are fired from sea-based, ground, and air
platforms.
(I) An agreement to provide a baseline and continuous
exchanges detailing the aggregate number of active nuclear
weapons and associated systems possessed by each country.
(3) The United States should rejuvenate efforts in the
United Nations Conference on Disarmament toward the
negotiation of a verifiable Fissile Material Treaty or
Fissile Material Cutoff Treaty, or move negotiations to
another international body or fora, such as a meeting of the
P5. Successful conclusion of such a treaty would verifiably
prevent any country's production of highly enriched uranium
and plutonium for use in nuclear weapons.
(4) The United States should convene a series of head-of-
state level summits on nuclear disarmament modeled on the
Nuclear Security Summits process, which saw the elimination
of the equivalent of 3,000 nuclear weapons.
(5) The President should seek ratification by the Senate of
the CTBT and mobilize all countries covered by Annex 2 of the
CTBT to pursue similar action to hasten entry into force of
the CTBT. The entry into force of the CTBT, for which
ratification by the United States will provide critical
momentum, will activate the CTBT's onsite inspection
provision to investigate allegations that any country that is
a party to the CTBT has conducted a nuclear test of any
yield.
(6) The President should make the accession of North Korea
to the CTBT a component of any final agreement in fulfilling
the pledges the Government of North Korea made in Singapore,
as North Korea is reportedly the only country to have
conducted a nuclear explosive test since 1998.
(7) The United States should--
(A) refrain from developing any new designs for nuclear
warheads or bombs, but especially designs that could add a
level of technical uncertainty into the United States
stockpile and thus renew calls to resume nuclear explosive
testing in order to test that new design; and
(B) seek reciprocal commitments from other countries that
possess nuclear weapons.
(d) Prohibition on Use of Funds for Nuclear Test
Explosions.--
(1) In general.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2024
or any fiscal year thereafter, or authorized to be
appropriated or otherwise made available for any fiscal year
before fiscal year 2024 and available for obligation as of
the date of the enactment of this Act, may be obligated or
expended to conduct or make preparations for any explosive
nuclear weapons test that produces any yield until such time
as--
(A) the President submits to Congress an addendum to the
report required by section 4205 of the Atomic Energy Defense
Act (50 U.S.C. 2525) that details any change to the condition
of the United States nuclear weapons stockpile from the
report submitted under that section in the preceding year;
and
(B) there is enacted into law a joint resolution of
Congress that approves the test.
(2) Rule of construction.--Paragraph (1) does not limit
nuclear stockpile stewardship activities that are consistent
with the zero-yield standard and other requirements under
law.
______
SA 3038. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel 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, add the following:
SEC. 1526. RESTRICTION ON FIRST-USE NUCLEAR STRIKES.
(a) Findings.--Congress finds the following:
(1) The Constitution gives Congress the sole power to
declare war.
(2) The framers of the Constitution understood that the
monumental decision to go to war, which can result in massive
death and the destruction of civilized society, must be made
by the representatives of the people and not by a single
person.
(3) As stated by section 2(c) of the War Powers Resolution
(Public Law 93-148; 50 U.S.C. 1541), ``the constitutional
powers of the President as Commander-in-Chief to introduce
United States Armed Forces into hostilities, or into
situations where imminent involvement in hostilities is
clearly indicated by the circumstances, are exercised only
pursuant to (1) a declaration of war, (2) specific statutory
authorization, or (3) a national emergency created by attack
upon the United States, its territories or possessions, or
its armed forces''.
(4) Nuclear weapons are uniquely powerful weapons that have
the capability to instantly kill millions of people, create
long-term health and environmental consequences throughout
the world, directly undermine global peace, and put the
United States at existential risk from retaliatory nuclear
strikes.
(5) A first-use nuclear strike carried out by the United
States would constitute a major act of war.
(6) A first-use nuclear strike conducted absent a
declaration of war by Congress would violate the
Constitution.
(7) The President has the sole authority to authorize the
use of nuclear weapons, an order which military officers of
the United States must carry out in accordance with their
obligations under the Uniform Code of Military Justice.
(8) Given its exclusive power under the Constitution to
declare war, Congress must provide meaningful checks and
balances to the President's sole authority to authorize the
use of a nuclear weapon.
(b) Declaration of Policy.--It is the policy of the United
States that no first-use nuclear strike should be conducted
absent a declaration of war by Congress.
(c) Prohibition.--No Federal funds may be obligated or
expended to conduct a first-use nuclear strike unless such
strike is conducted pursuant to a war declared by Congress
that expressly authorizes such strike.
(d) First-use Nuclear Strike Defined.--In this section, the
term ``first-use nuclear strike'' means an attack using
nuclear weapons against an enemy that is conducted without
the Secretary of Defense and the Chairman of the Joint Chiefs
of Staff first confirming to the President that there has
been a nuclear strike against the United States, its
territories, or its allies (as specified in section 3(b)(2)
of the Arms Export Control Act (22 U.S.C. 2753(b)(2))).
[[Page S5311]]
______
SA 3039. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel 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:
SECTION 1291. COUNTERING SAUDI ARABIA'S PURSUIT OF WEAPONS OF
MASS DESTRUCTION.
(a) Short Titles.--This section may be cited as the
``Stopping Activities Underpinning Development In Weapons of
Mass Destruction Act'' or the ``SAUDI WMD Act''.
(b) Findings.--Congress makes the following findings:
(1) The People's Republic of China (referred to in this
section as ``China''), became a full-participant of the
Nuclear Suppliers Group in 2004, committing it to apply a
strong presumption of denial in exporting nuclear-related
items that a foreign country could divert to a nuclear
weapons program.
(2) China also committed to the United States, in November
2000, to abide by the foundational principles of the 1987
Missile Technology Control Regime (referred to in this
section as ``MTCR'') to not ``assist, in any way, any country
in the development of ballistic missiles that can be used to
deliver nuclear weapons (i.e., missiles capable of delivering
a payload of at least 500 kilograms to a distance of at least
300 kilometers)''.
(3) In the 1980s, China secretly sold the Kingdom of Saudi
Arabia (referred to in this section as ``Saudi Arabia'')
conventionally armed DF-3A ballistic missiles, and in 2007,
reportedly sold Saudi Arabia dual-use capable DF-21 medium-
range ballistic missiles of a 300 kilometer, 500 kilogram
range and payload threshold which should have triggered a
denial of sale under the MTCR.
(4) The 2020 Department of State Report on the Adherence to
and Compliance with Arms Control, Nonproliferation, and
Disarmament Agreements and Commitments found that China
``continued to supply MTCR-controlled goods to missile
programs of proliferation concern in 2019'' and that the
United States imposed sanctions on nine Chinese entities for
covered missile transfers to Iran.
(5) A June 5, 2019, press report indicated that China
allegedly provided assistance to Saudi Arabia in the
development of a ballistic missile facility, which if
confirmed, would violate the purpose of the MTCR and run
contrary to the longstanding United States policy priority to
prevent weapons of mass destruction proliferation in the
Middle East.
(6) The Arms Export and Control Act of 1976 (Public Law 93-
329) requires the President to sanction any foreign person or
government who knowingly ``exports, transfers, or otherwise
engages in the trade of any MTCR equipment or technology'' to
a country that does not adhere to the MTCR.
(7) China concluded 2 nuclear cooperation agreements with
Saudi Arabia in 2012 and 2017, respectively, which may
facilitate China's bid to build 2 reactors in Saudi Arabia to
generate 2.9 Gigawatt-electric (GWe) of electricity.
(8) On August 4, 2020, a press report revealed the alleged
existence of a previously undisclosed uranium yellowcake
extraction facility in Saudi Arabia allegedly constructed
with the assistance of China, which if confirmed, would
indicate significant progress by Saudi Arabia in developing
the early stages of the nuclear fuel cycle that precede
uranium enrichment.
(9) Saudi Arabia's outdated Small Quantities Protocol and
its lack of an in force Additional Protocol to its
International Atomic Energy Agency (IAEA) Comprehensive
Safeguards Agreement severely curtails IAEA inspections,
which has led the Agency to call upon Saudi Arabia to either
rescind or update its Small Quantities Protocol.
(10) On January 19, 2021, in response to a question about
Saudi Arabia's reported ballistic missile cooperation with
China, incoming Secretary of State Antony J. Blinken stated
that ``we want to make sure that to the best of our ability
all of our partners and allies are living up to their
obligations under various nonproliferation and arms control
agreements and, certainly, in the case of Saudi Arabia that
is something we will want to look at''.
(11) On March 15, 2018, the Crown Prince of Saudi Arabia,
Mohammad bin-Salman, stated that ``if Iran developed a
nuclear bomb, we would follow suit as soon as possible,''
raising questions about whether a Saudi Arabian nuclear
program would remain exclusively peaceful, particularly in
the absence of robust international IAEA safeguards.
(12) An August 9, 2019, study by the United Nations High
Commissioner for Human Rights found that the Saudi Arabia-led
military coalition airstrikes in Yemen and its restrictions
on the flow of humanitarian assistance to the country, both
of which have disproportionately impacted civilians, may be
violations of international humanitarian law.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(D) the Committee on Foreign Affairs of the House of
Representatives.
(2) Foreign person; person.--The terms ``foreign person''
and `` `person' '' mean--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity,
organization, or group, that is organized under the laws of a
foreign country or has its principal place of business in a
foreign country;
(C) any foreign governmental entity operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (B) or (C).
(3) Middle east and north africa.--The term ``Middle East
and North Africa'' means those countries that are included in
the Area of Responsibility of the Assistant Secretary of
State for Near Eastern Affairs.
(d) Determination of Possible MTCR Transfers to Saudi
Arabia.--
(1) MTCR transfers.--Not later than 30 days after the date
of the enactment of this Act, the President shall submit to
the appropriate committees of Congress a written
determination, and any documentation to support that
determination detailing--
(A) whether any foreign person knowingly exported,
transferred, or engaged in trade of any item designated under
Category I of the MTCR Annex item with Saudi Arabia during
the previous 3 fiscal years; and
(B) the sanctions the President has imposed or intends to
impose pursuant to section 11B(b) of the Export
Administration Act of 1979 (50 U.S.C. 4612(b)) against any
foreign person who knowingly engaged in the export, transfer,
or trade of that item or items.
(2) Waiver.--Notwithstanding any provision of paragraphs
(3) through (7) of section 11(B)(b) of the Export
Administration Act of 1979 (50 U.S.C. 4612(b)), the President
may only waive the application of sanctions under such
section with respect to Saudi Arabia if that country is
verifiably determined to no longer possess an item designated
under Category I of the MTCR Annex received during the
previous 3 fiscal years.
(3) Form of report.--The determination required under
paragraph (1) shall be unclassified and include a classified
annex.
(e) Prohibition on United States Arms Sales to Saudi Arabia
if It Imports Nuclear Technology Without Safeguards.--
(1) In general.--The United States shall not sell,
transfer, or authorize licenses for export of any item
designated under Category III, IV, VII, or VIII on the United
States Munitions List pursuant to section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)) to Saudi
Arabia, other than ground-based missile defense systems, if
Saudi Arabia has, during any of the previous 3 fiscal years--
(A) knowingly imported any item classified as ``plants for
the separation of isotopes of uranium'' or ``plants for the
reprocessing of irradiated nuclear reactor fuel elements''
under Part 110 of the Nuclear Regulatory Commission export
licensing authority; or
(B) engaged in nuclear cooperation related to the
construction of any nuclear-related fuel cycle facility or
activity that has not been notified to the IAEA and would be
subject to complementary access if an Additional Protocol was
in force.
(2) Waiver.--The Secretary of State may waive the
prohibition under paragraph (1) with respect to a foreign
country if the Secretary submits to the appropriate
committees of Congress a written certification that contains
a determination, and any relevant documentation on which the
determination is based, that Saudi Arabia--
(A) has brought into force an Additional Protocol to the
IAEA Comprehensive Safeguards Agreement based on the model
described in IAEA INFCIRC/540;
(B) has concluded a civilian nuclear cooperation agreement
with the United States under section 123 of the Atomic Energy
Act of 1954 (42 U.S.C. 2153) or another supplier that
prohibits the enrichment of uranium or separation of
plutonium on its own territory; and
(C) has rescinded its Small Quantities Protocol and is not
found by the IAEA Board of Governors to be in noncompliance
with its Comprehensive Safeguards Agreement.
(3) Rule of construction.--Nothing in this section may be
construed as superseding the obligation of the President
under section 502B(a)(2) or section 620I(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304(a)(2), 22 U.S.C. 2378-
1(a)), respectively, to not furnish security assistance to
Saudi Arabia or any country if the Government of Saudi
Arabia--
(A) engages in a consistent pattern of gross violations of
internationally recognized human rights; or
(B) prohibits or otherwise restricts, directly or
indirectly, the transport or delivery of United States
humanitarian assistance.
(f) Middle East Nonproliferation Strategy.--
(1) In general.--Beginning with the first report published
after the date of the enactment of this Act, the Secretary of
State and the Secretary of Energy, in consultation with the
Director of National Intelligence, shall provide the
appropriate committees of Congress, as an appendix to the
Report on the Adherence to and Compliance with Arms
[[Page S5312]]
Control, Nonproliferation, and Disarmament Agreements and
Commitments, a report on MTCR compliance and a United States
strategy to prevent the spread of nuclear weapons and
missiles in the Middle East.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An assessment of China's compliance, during the
previous fiscal year, with its November 2000 commitment to
abide by the MTCR and United States diplomatic efforts to
address noncompliance.
(B) A description of every foreign person that, during the
previous fiscal year, engaged in the export, transfer, or
trade of MTCR items to a country that is a non-MTCR adherent,
and a description of the sanctions the President imposed
pursuant to section 11B(b) of the Export Administration Act
of 1979 (50 U.S.C. 4612(b)).
(C) A detailed strategy to prevent the proliferation of
ballistic missile and sensitive nuclear technology in the
Middle East and North Africa from China and other foreign
countries, including the following elements:
(i) An assessment of the proliferation risks associated
with concluding or renewing a civilian nuclear cooperation
``123'' agreement with any country in the Middle-East and
North Africa and the risks of such if that same equipment and
technology is sourced from a foreign state.
(ii) An update on United States bilateral and multilateral
diplomatic actions to commence negotiations on a Weapons of
Mass Destruction Free Zone (WMDFZ) since the 2015 Nuclear
Nonproliferation Treaty Review Conference.
(iii) A description of United States Government efforts to
achieve global adherence and compliance with the Nuclear
Suppliers Group, MTCR, and the 2002 International Code of
Conduct against Ballistic Missile Proliferation guidelines.
(D) An account of the briefings to the appropriate
committees of Congress in the reporting period detailing
negotiations on any new or renewed civilian nuclear
cooperation ``123'' agreement with any country consistent
with the intent of the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.).
(3) Form of report.--The report required under paragraph
(1) shall be unclassified and include a classified annex.
______
SA 3040. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel 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, add the following:
SEC. 1526. SMARTER APPROACHES TO NUCLEAR EXPENDITURES ACT.
(a) Short Title.--This section may be cited as the
``Smarter Approaches to Nuclear Expenditures Act''.
(b) Findings.--Congress makes the following findings:
(1) The United States continues to maintain an excessively
large and costly arsenal of nuclear delivery systems and
warheads that are a holdover from the Cold War.
(2) The current nuclear arsenal of the United States
includes approximately 3,708 total nuclear warheads in its
military stockpile, of which approximately 1,744 are deployed
with five delivery components: land-based intercontinental
ballistic missiles, submarine-launched ballistic missiles,
long-range strategic bomber aircraft armed with nuclear
gravity bombs, long-range strategic bomber aircraft armed
with nuclear-armed air-launched cruise missiles, and short-
range fighter aircraft that can deliver nuclear gravity
bombs. The strategic bomber fleet of the United States
comprises 87 B-52 and 20 B-2 aircraft, over 66 of which
contribute to the nuclear mission. The United States also
maintains 400 intercontinental ballistic missiles and 14
Ohio-class submarines, up to 12 of which are deployed. Each
of those submarines is armed with approximately 90 nuclear
warheads.
(3) Between fiscal years 2021 and 2030, the United States
will spend an estimated $634,000,000,000 to maintain and
recapitalize its nuclear force, according to a January 2019
estimate from the Congressional Budget Office, an increase of
$140,000,000,000 from the Congressional Budget Office's 2019
estimate, with 36 percent of that additional cost stemming
``mainly from new plans for modernizing [the Department of
Energy's] production facilities and from [the Department of
Defense's] modernization programs moving more fully into
production''.
(4) Adjusted for inflation, the Congressional Budget Office
estimates that the United States will spend $634,000,000,000
between 2021 and 2030 on new nuclear weapons and
modernization and infrastructure programs, an estimate that
in total is 28 percent higher than the Congressional Budget
Office's most recent previous estimate of the 10-year costs
of nuclear forces.
(5) Inaccurate budget forecasting is likely to continue to
plague the Department of Defense and the Department of
Energy, as evidenced by the fiscal year 2023 budget request
of the President for the National Nuclear Security
Administration ``Weapon Activities'' account, which far
exceeded what the National Nuclear Security Administration
had projected in previous years.
(6) The projected growth in nuclear weapons spending is
coming due as the Department of Defense is seeking to replace
large portions of its conventional forces to better compete
with the Russian Federation and the People's Republic of
China and as internal and external fiscal pressures are
likely to limit the growth of, and perhaps reduce, military
spending. As then-Air Force Chief of Staff General Dave
Goldfein said in 2020, ``I think a debate is that this will
be the first time that the nation has tried to simultaneously
modernize the nuclear enterprise while it's trying to
modernize an aging conventional enterprise. The current
budget does not allow you to do both.''.
(7) In 2023, the Government Accountability Office released
a report entitled ``Nuclear Weapons: NNSA Does Not Have a
Comprehensive Schedule or Cost Estimate for Pit Production
Capability'', stating the National Nuclear Security
Administration ``had limited assurance that it would be able
to produce sufficient numbers of pits in time'' to meet the
requirement under section 4219 of the Atomic Energy Defense
Act (50 U.S.C. 2538a) that the National Nuclear Security
Administration produce 80 plutonium pits by 2030.
(8) According to the Government Accountability Office, the
National Nuclear Security Administration has still not
factored affordability concerns into its planning as was
recommended by the Government Accountability Office in 2017,
with the warning that ``it is essential for NNSA to present
information to Congress and other key decision makers
indicating whether the agency has prioritized certain
modernization programs or considered trade-offs (such as
deferring or cancelling specific modernization programs)''.
Instead, the budget estimate of the Department of Energy for
nuclear modernization activities during the period of fiscal
years 2021 through 2025 was $81,000,000,000--$15,000,000,000
more than the 2020 budget estimate of the Department for the
same period.
(9) A December 2020 Congressional Budget Office analysis
showed that the projected costs of nuclear forces over the
next decade can be reduced by $12,400,000,000 to
$13,600,000,000 by trimming back current plans, while still
maintaining a triad of delivery systems. Even larger savings
would accrue over the subsequent decade.
(10) The Department of Defense's June 2013 nuclear policy
guidance entitled ``Report on Nuclear Employment Strategy of
the United States'' found that force levels under the April
2010 Treaty on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms between the United
States and the Russian Federation (commonly known as the
``New START Treaty'') ``are more than adequate for what the
United States needs to fulfill its national security
objectives'' and can be reduced by up to \1/3\ below levels
under the New START Treaty to 1,000 to 1,100 warheads.
(11) Former President Trump expanded the role of, and
spending on, nuclear weapons in United States policy at the
same time that he withdrew from, unsigned, or otherwise
terminated a series of important arms control and
nonproliferation agreements.
(c) Reductions in Nuclear Forces.--
(1) Reduction of nuclear-armed submarines.--Notwithstanding
any other provision of law, none of the funds authorized to
be appropriated or otherwise made available for fiscal year
2024 or any fiscal year thereafter for the Department of
Defense may be obligated or expended for purchasing more than
eight Columbia-class submarines.
(2) Reduction of ground-based missiles.--Notwithstanding
any other provision of law, beginning in fiscal year 2024,
the forces of the Air Force shall include not more than 150
intercontinental ballistic missiles.
(3) Reduction of deployed strategic warheads.--
Notwithstanding any other provision of law, beginning in
fiscal year 2024, the forces of the United States Military
shall include not more than 1,000 deployed strategic
warheads, as that term is defined in the New START Treaty.
(4) Limitation on new long-range penetrating bomber
aircraft.--Notwithstanding any other provision of law, none
of the funds authorized to be appropriated or otherwise made
available for any of fiscal years 2024 through 2028 for the
Department of Defense may be obligated or expended for
purchasing more than 80 B-21 long-range penetrating bomber
aircraft.
(5) Prohibition on f-35 nuclear mission.--Notwithstanding
any other provision of law, none of the funds authorized to
be appropriated or otherwise made available for fiscal year
2024 or any fiscal year thereafter for the Department of
Defense or the Department of Energy may be used to make the
F-35 Joint Strike Fighter aircraft capable of carrying
nuclear weapons.
(6) Prohibition on new air-launched cruise missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2024 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the research, development, test,
and evaluation or procurement of the long-range stand-off
weapon or any other new air-launched cruise missile or for
the W80 warhead life extension program.
(7) Prohibition on new intercontinental ballistic
missile.--Notwithstanding any
[[Page S5313]]
other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2024
or any fiscal year thereafter for the Department of Defense
may be obligated or expended for the research, development,
test, and evaluation or procurement of the LGM-35 Sentinel,
previously known as the ground-based strategic deterrent, or
any new intercontinental ballistic missile.
(8) Termination of uranium processing facility.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2024 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the Uranium Processing Facility
located at the Y-12 National Security Complex, Oak Ridge,
Tennessee.
(9) Prohibition on procurement and deployment of new low-
yield warhead.--Notwithstanding any other provision of law,
none of the funds authorized to be appropriated or otherwise
made available for fiscal year 2024 or any fiscal year
thereafter for the Department of Defense or the Department of
Energy may be obligated or expended to deploy the W76-2 low-
yield nuclear warhead or any other low-yield or nonstrategic
nuclear warhead.
(10) Prohibition on new submarine-launched cruise
missile.--Notwithstanding any other provision of law, none of
the funds authorized to be appropriated or otherwise made
available for fiscal year 2024 or any fiscal year thereafter
for the Department of Defense or the Department of Energy may
be obligated or expended for the research, development, test,
and evaluation or procurement of a new submarine-launched
cruise missile capable of carrying a low-yield or
nonstrategic nuclear warhead, as the 2022 Nuclear Posture
Review found this system ``no longer necessary''.
(11) Limitation on plutonium pit production.--
(A) In general.--Notwithstanding any other provision of
law, none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2024 or any fiscal
year thereafter for the Department of Defense or the
Department of Energy may be obligated or expended for
expanding production of plutonium pits at the Los Alamos
National Laboratory, Los Alamos, New Mexico, or the Savannah
River Site, South Carolina, until the Administrator for
Nuclear Security submits to the appropriate committees of
Congress an integrated master schedule and total estimated
cost for the National Nuclear Security Administration's
overall plutonium pit production effort during the period of
2025 through 2035.
(B) Requirements for schedule.--The schedule required to be
submitted under paragraph (1) shall--
(i) include timelines, resources, and budgets for planned
work; and
(ii) be consistent with modern management standards and
best practices as described in guidelines of the Government
Accountability Office.
(12) Prohibition on sustainment of b83-1 bomb.--
Notwithstanding other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2024 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the sustainment of the B83-1 bomb,
as the 2022 Nuclear Posture Review declared the B83-1 ``will
be retired''.
(13) Prohibition on space-based missile defense.--
Notwithstanding other provision of law, none of the funds
authorized to be appropriated or otherwise made available for
fiscal year 2024 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be
obligated or expended for the research, development, test,
and evaluation or procurement of a space-based missile
defense system.
(14) Prohibition on the w-93 warhead.--Notwithstanding any
other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2024
or any fiscal year thereafter for the Department of Defense
or the Department of Energy may be obligated or expended for
the procurement and deployment of a W-93 warhead on a
submarine launched ballistic missile.
(d) Reports Required.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and
the Secretary of Energy shall jointly submit to the
appropriate committees of Congress a report outlining the
plan of each Secretary to carry out subsection (c).
(2) Annual report.--Not later than March 1, 2024, and
annually thereafter, the Secretary of Defense and the
Secretary of Energy shall jointly submit to the appropriate
committees of Congress a report outlining the plan of each
Secretary to carry out subsection (c), including any updates
to previously submitted reports.
(3) Annual nuclear weapons accounting.--Not later than
September 30, 2024, and annually thereafter, the President
shall transmit to the appropriate committees of Congress a
report containing a comprehensive accounting by the Director
of the Office of Management and Budget of the amounts
obligated and expended by the Federal Government for each
nuclear weapon and related nuclear program during--
(A) the fiscal year covered by the report; and
(B) the life cycle of such weapon or program.
(4) Cost estimate report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense and the Secretary of Energy shall jointly submit to
the appropriate committees of Congress a report outlining the
estimated cost savings that result from carrying out
subsection (c).
(e) 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, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, the
Committee on Energy and Commerce, and the Committee on
Natural Resources of the House of Representatives.
______
SA 3041. Mr. MARKEY submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military 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 ASSURE Act
SEC. 1294. SHORT TITLES.
This subtitle may be cited as the ``Taiwan Actions
Supporting Security by Undertaking Regular Engagements Act''
or the ``Taiwan ASSURE Act''.
SEC. 1295. FINDINGS.
Congress makes the following findings:
(1) Consistent with the Asia Reassurance Initiative Act of
2018 (Public Law 115-409), the United States has grown its
strategic partnership with Taiwan's vibrant democracy of
23,000,000 people.
(2) Section 2(b) of the Taiwan Relations Act (22 U.S.C.
3301(b)) declares that it is the policy of the United
States--
(A) ``to preserve and promote extensive, close, and
friendly commercial, cultural, and other relations between
the people of the United States and the people on Taiwan, as
well as the people on the China mainland and all other
peoples of the Western Pacific area''; and
(B) ``to declare that peace and stability in the [Western
Pacific] area are in the political, security, and economic
interests of the United States, and are matters of
international concern''.
(3) In recent years, the Government of the People's
Republic of China (PRC) has intensified its efforts to
diplomatically isolate and intimidate Taiwan through--
(A) punitive economic measures;
(B) increased military provocations; and
(C) exertions of malign influence to undermine democracy in
Taiwan.
(4) To ensure the durability of the United States policy
under the Taiwan Relations Act (Public Law 115-409), it is
necessary--
(A) to reinforce--
(i) Taiwan's international participation;
(ii) Taiwan's global economic integration; and
(iii) the credibility of Taiwan's military deterrent; and
(B) to simultaneously take measures to reduce the risk of
miscalculation among the PRC, the United States, and Taiwan.
(5) Taiwan's meaningful participation in international
organizations in which statehood is not a requirement
benefits the global community, as evidenced by the fact that
Taiwan was the first to inform the World Health Organization
of cases of atypical pneumonia reported in Wuhan, China, on
December 31, 2019.
(6) Despite the COVID-19 pandemic creating an opportunity
for the Government of the PRC to launch a disinformation
campaign aimed at sowing internal social division and
undermining confidence in the response of Taiwanese
authorities, Taiwan has been overwhelmingly successful in
controlling the pandemic.
(7) The Global Cooperation and Training Framework, a United
States-Taiwan-Japan platform for Taiwan to share its
expertise with the world, has sponsored nearly 30 workshops
since 2015 to share Taiwan's knowledge on issues such as
addressing COVID-19 misinformation, disaster relief, women's
empowerment, and good governance.
(8) Section 2(b)(2) of the Taiwan Relations Act (22 U.S.C.
3301(b)(2)) states it is the policy of the United States ``to
declare that peace and stability in the [Western Pacific]
area are in the political, security, and economic interests
of the United States, and are matters of international
concern''.
(9) The PRC's recent military activities around Taiwan,
including conducting 10 transits and military exercises near
Taiwan since January 2021 and 380 sorties into Taiwan's Air
Defense Identification Zone in 2020 (the greatest number
since 1996), have destabilized Northeast Asia.
(10) Increased air and sea activity in and around the
Taiwan Strait and the East China Sea by the PRC, Taiwan, the
United States, and Japan increase the likelihood of accidents
that may--
(A) escalate tensions around Taiwan; and
[[Page S5314]]
(B) undermine the stability across the Taiwan Strait and
regional peace in the Northeast Asia.
SEC. 1296. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) United States engagement with Taiwan should focus on
actions, activities, and programs that mutually benefit the
United States and Taiwan;
(2) the United States should prioritize--
(A) people-to-people exchanges;
(B) bilateral and multilateral economic cooperation; and
(C) assisting Taiwan's efforts to participate in
international institutions;
(3) the United States should pursue new engagement
initiatives with Taiwan, such as--
(A) enhancing cooperation on science and technology;
(B) joint infrastructure development in third countries;
(C) renewable energy and environmental sustainability
development; and
(D) investment screening coordination;
(4) the United States should expand its financial support
for the Global Cooperation and Training Framework, and
encourage like-minded countries to co-sponsor workshops, to
showcase Taiwan's capacity to contribute to solving global
challenges in the face of the Government of the PRC's
campaign to isolate Taiwan in the international community;
(5) to advance the goals of the April 2021 Department of
State guidance expanding unofficial United States-Taiwan
contacts, the United States, Taiwan, and Japan should aim to
host Global Cooperation and Training Framework workshops
timed to coincide with plenaries and other meetings of
international organizations in which Taiwan is unable to
participate;
(6) the United States should support efforts to engage
regional counterparts in Track 1.5 and Track 2 dialogues on
the stability across the Taiwan Strait, which are important
for increasing strategic awareness amongst all parties and
the avoidance of conflict;
(7) United States arms sales to Taiwan should support
Taiwan's asymmetric defense capabilities, as outlined in
Taiwan's Overall Defense Concept, and improve Taiwan's
military deterrent;
(8) bilateral confidence-building measures and crisis
stability dialogues between the United States and the PRC are
important mechanisms for maintaining deterrence and stability
across the Taiwan Strait and should be prioritized; and
(9) the United States and the PRC should prioritize the use
of a fully operational military crisis hotline to provide a
mechanism for the leadership of the two countries to
communicate directly in order to quickly resolve
misunderstandings that could lead to military escalation.
SEC. 1297. 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 Armed Services of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Armed Services of the House of
Representatives.
(2) China; prc.--The terms ``China'' and ``PRC'' mean the
People's Republic of China.
(3) Taiwan authorities.--The term ``Taiwan authorities''
means officials of the Government of Taiwan.
SEC. 1298. AUTHORIZATION OF APPROPRIATIONS FOR THE GLOBAL
COOPERATION AND TRAINING FRAMEWORK.
There are authorized to be appropriated for the Global
Cooperation and Training Framework under the Economic Support
Fund authorized under section 531 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346), $6,000,000 for each of the
fiscal years 2022 through 2025, which may be expended for
trainings and activities that increase Taiwan's economic and
international integration.
SEC. 1299. ENHANCING PARTNERSHIP.
(a) National Guard Partnership Program.--
(1) 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 State and the appropriate
Taiwan authorities, shall submit a report to the appropriate
congressional committees regarding the feasibility and
advisability of establishing a National Guard partnership
program between United States National Guard forces and the
Armed Forces Reserve Command of Taiwan (referred to in this
section as ``Taiwan's Reserve Command'').
(2) Objectives.--The report required under paragraph (1)
shall examine how the establishment of a National Guard
partnership program would--
(A) advance Taiwan's Reserve Command's ability to recruit,
train, and equip its forces, including its ability to require
and provide regular individual and collective training to all
reserve forces;
(B) cultivate relationships among United States and Taiwan
reserve forces at the tactical, operational, and strategic
levels;
(C) enhance Taiwan's ability to respond to humanitarian
disasters; and
(D) strengthen Taiwan's ability to defend against outside
military aggression.
(3) Contents.--The report required under paragraph (1)
shall include--
(A) a comprehensive assessment of the policy opportunities
and drawbacks associated with establishing a National Guard
partnership program;
(B) an assessment of any statutory or administrative
barriers to establishing such a program, including a
determination of the feasibility and advisability of--
(i) modifying existing National Guard partnership
authorities; or
(ii) establishing new authorities, as appropriate;
(C) an evaluation of the capacity of--
(i) United States National Guard forces to support such a
program; and
(ii) Taiwan's Reserve Command forces to absorb such a
program;
(D) a determination of the most appropriate entities within
the Department of Defense and Taiwan's Reserve Command to
lead such a program; and
(E) a determination of additional resources and authorities
that may be required to execute such a program.
(4) Form of report.--The report required under paragraph
(1) shall be unclassified, but may include a classified annex
if the Secretary of Defense and the Secretary of State
determine that the inclusion of a classified annex is
appropriate.
(b) Taiwan's Asymmetric Defense Strategy.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the appropriate congressional
committees a classified report, with an unclassified summary,
assessing the implementation of Taiwan's asymmetric defense
strategy, including the priorities identified in Taiwan's
Overall Defense Concept.
SEC. 1299A. SUPPORTING CONFIDENCE BUILDING MEASURES AND
STABILITY DIALOGUES.
(a) Annual Report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit an unclassified report, with a
classified annex, to the appropriate congressional committees
that includes--
(1) a description of all military-to-military dialogues and
confidence-building measures between the United States and
the PRC during the 10-year period ending on the date of the
enactment of this Act;
(2) a description of all bilateral and multilateral
diplomatic engagements with the PRC in which cross-Strait
issues were discussed during such 10-year period, including
Track 1.5 and Track 2 dialogues;
(3) a description of the efforts in the year preceding the
submission of the report to conduct engagements described in
paragraphs (1) and (2); and
(4) a description of how and why the engagements described
in paragraphs (1) and (2) have changed in frequency or
substance during such 10-year period.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for the Department of State, and, as
appropriate, the Department of Defense, no less than
$2,000,000 for each of the fiscal years 2022 through 2025,
which shall be used to support existing Track 1.5 and Track 2
strategic dialogues facilitated by independent nonprofit
organizations in which participants meet to discuss cross-
Strait stability issues.
______
SA 3042. Mr. SCHUMER (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 appropriate place, insert the following:
SEC. ___. STUDY AND REPORT ON DEPARTMENT OF DEFENSE USE OF
CHINESE-MADE UNMANNED GROUND VEHICLE SYSTEMS
AND PROHIBITION ON DEPARTMENT OF DEFENSE
PROCUREMENT AND OPERATION OF SUCH SYSTEMS.
(a) Study and Report on Use in Department of Defense
Systems of Chinese-made Unmanned Ground Vehicle Systems and
Components.--
(1) Study and report required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(A) conduct a study on the use in Department of Defense
systems of covered unmanned ground vehicle systems and
critical electronic components of such systems relating to
the collection and transmission of sensitive information,
made by covered foreign entities; and
(B) submit to the congressional defense committees a report
on the findings of the Secretary with respect to the study
conducted pursuant to subparagraph (A).
(2) Elements.--The study conducted pursuant to paragraph
(1)(A) shall cover the following:
(A) The extent to which covered unmanned ground vehicle
systems and critical electronic components of such systems
made by covered foreign entities are used by the Department.
[[Page S5315]]
(B) The extent to which such systems and critical
electronic components are used by contractors of the
Departments.
(C) The nature of the use described in subparagraph (B).
(D) An assessment of the national security threats
associated with using such systems and components in health
care, critical infrastructure, and emergency applications of
the Department. Such assessment shall cover concerns relating
to the following:
(i) Cybersecurity.
(ii) Technological maturity of the systems and components.
(iii) Technological vulnerabilities in the systems and
components that may be exploited by foreign adversaries of
the United States.
(E) Actions taken by the Department to identify and list
covered foreign entities that--
(i) develop or manufacture covered unmanned ground vehicle
systems or components of such systems; and
(ii) have a military-civil nexus on the list maintained by
the Department under section 1260H(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113 note).
(F) The feasibility and advisability of directing the
Defense Innovation Unit to develop a list of United States
manufacturers of covered unmanned ground vehicle systems and
components of such systems.
(G) Such other matters as the Secretary considers
appropriate.
(b) Prohibition on Procurement and Operation by Department
of Defense of Covered Unmanned Ground Vehicle Systems From
Covered Foreign Entities.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the
Secretary of Defense may not procure or operate any covered
unmanned ground vehicle system that--
(i) is manufactured or assembled by a covered foreign
entity; or
(ii) includes a critical electronic component of the system
relating to the collection and transmission of sensitive
information, that is manufactured or assembled by a covered
foreign entity.
(B) Applicability to contracted services.--The prohibition
under subparagraph (A) with respect to the operation of
covered unmanned ground vehicles systems applies to any such
system that is being used by the Department of Defense
through the method of contracting for the services of such
systems.
(2) Exception.--The Secretary of Defense is exempt from any
restrictions under subsection (a) in a case in which the
Secretary determines that the procurement or operation--
(A) is required in the national interest of the United
States; and
(B) is for the sole purposes of--
(i) research, evaluation, training, testing, or analysis
for electronic warfare, information warfare operations,
cybersecurity, or the development of unmanned ground vehicle
system or counter-unmanned ground vehicle system technology;
or
(ii) conducting counterterrorism or counterintelligence
activities, protective missions, Federal criminal or national
security investigations (including forensic examinations),
electronic warfare, information warfare operations,
cybersecurity activities, or the development of unmanned
ground vehicle system or counter-unmanned ground vehicle
system technology.
(c) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' 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) Covered foreign entity.--The term ``covered foreign
entity'' means an entity that is domiciled in a covered
foreign country or subject to influence or control by the
government of a covered foreign country, as determined by the
Secretary of Defense.
(3) Covered unmanned ground vehicle system.--The term
``covered unmanned ground vehicle system''--
(A) means a mechanical device that--
(i) is capable of locomotion, navigation, or movement on
the ground; and
(ii) operates at a distance from one or more operators or
supervisors based on commands or in response to sensor data,
or through any combination thereof; and
(B) includes--
(i) remote surveillance vehicles, autonomous patrol
technologies, mobile robotics, and humanoid robots; and
(ii) the vehicle, its payload, and any external devised
used to control the vehicle.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
______
SA 3043. 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) Establishment of Center of Excellence.--
(1) In general.--The Secretary of Defense shall establish a
center of excellence to support the development and
maturation of artificial intelligence-enabled weapon systems
by organizations within the Department of Defense that--
(A) were in effect on the day before the date of the
enactment of this Act; and
(B) have appropriate core competencies relating to the
functions specified in subsection (b).
(2) Designation.--The center of excellence established
pursuant to paragraph (1) shall be known as the ``Artificial
Intelligence-Enabled Weapon Systems Center of Excellence''
(in this section referred to as the ``Center'').
(b) Functions.--The Center shall--
(1) capture, analyze, assess, and share lessons learned
across the Department of Defense regarding the latest
advancements in artificial intelligence-enabled weapon
systems, countermeasures, tactics, techniques and procedures,
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,
industry, and academia in the United States, including
industry with expertise in autonomous weapon systems and
other nontraditional weapon systems that utilize artificial
intelligence as determined by the Secretary;
(4) serve as a focal point for digital talent training and
upskilling for the Department, and as the Secretary considers
appropriate, provide enterprise-level tools and solutions
based on these best practices, standards, and benchmarks; and
(5) carry out such other responsibilities as the Secretary
determines appropriate.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall--
(1) submit to the congressional defense committees a report
that includes a plan for the establishment of the Center; and
(2) provide the congressional defense committees a briefing
on the plan submitted under paragraph (1).
(d) Artificial Intelligence-enabled Weapon System
Defined.--In this section, the term ``artificial
intelligence-enabled weapon system'' includes autonomous
weapon systems, as determined by the Secretary of Defense.
______
SA 3044. Mr. SCHUMER (for himself and 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 H of title X, add the following:
SEC. 1095. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.
Section 7201(d) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (2 U.S.C. 4112(d)) is
amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``Designation''
and inserting ``Single points of contact'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--On and after the date of enactment of
the National Defense Authorization Act for Fiscal Year 2025--
``(i) the Director of the Cybersecurity and Infrastructure
Security Agency shall serve as the single point of contact
with the legislative branch on matters related to tactical
and operational cybersecurity threats and security
vulnerabilities; and
``(ii) the Assistant Director of the Counterintelligence
Division of the Federal Bureau of Investigation shall serve
as the single point of contact with the legislative branch on
matters related to tactical and operational
counterintelligence.''; and
(C) in subparagraph (B), by striking ``The individuals
designated by the President under subparagraph (A)'' and
inserting ``The Director of the Cybersecurity and
Infrastructure Security Agency and the Assistant Director of
the Counterintelligence Division of the Federal Bureau of
Investigation'';
(2) in paragraph (2)(A), by striking ``the date of
enactment of this Act, the individuals designated by the
President under paragraph (1)(A)'' and inserting ``the date
of enactment of the National Defense Authorization Act for
Fiscal Year 2025, the Director of the Cybersecurity and
Infrastructure Security Agency and the Assistant Director of
the Counterintelligence Division of the Federal Bureau of
Investigation''; and
(3) in paragraph (3)--
(A) by striking ``the date of enactment of this Act, the
individuals designated by the President under paragraph
(1)(A)'' and inserting ``the date of enactment of the
National Defense Authorization Act for Fiscal Year 2025, the
Director of the Cybersecurity and Infrastructure Security
Agency and the
[[Page S5316]]
Assistant Director of the Counterintelligence Division of the
Federal Bureau of Investigation'';
(B) by inserting ``congressional leadership,'' after
``paragraph (2)(A),''; and
(C) by striking ``Oversight and Reform'' and inserting
``Oversight and Accountability''.
______
SA 3045. 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. UNITED STATES-JORDAN DEFENSE COOPERATION.
(a) Short Title.--This section may be cited as the ``United
States-Jordan Defense Cooperation Act of 2024''.
(b) 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.
(c) Enhanced Defense Cooperation.--
(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).
(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)).
(d) 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 3046. 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 X, add the following:
SEC. 1035. PROHIBITION ON ACCESS BY CERTAIN INDIVIDUALS TO
CERTAIN AREAS OF AIRPORTS.
(a) Short Titles.--This section may be cited as the
``Secure Airports From Enemies Act'' or the ``SAFE Act''.
(b) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44930. Prohibition on certain access by certain
individuals
``(a) Definitions.--In this section, the terms `secured
area', `Security Identification Display Area', and `sterile
area' have the meanings given such terms in section 1540.5 of
title 49, Code of Federal Regulations.
``(b) In General.--Notwithstanding any other provision of
law, the Administrator of the Transportation Security
Administration may not permit any access to the locations
specified in subsection (c) to any individual who is a
representative of, or acting on behalf of, a country
specified in subsection (d).
``(c) Locations Specified.--The locations specified in this
subsection are the following:
``(1) The secured area of an airport.
``(2) The Security Identification Display Area of an
airport.
``(3) The sterile area of an airport.
``(4) The air cargo area of an airport.
``(d) Countries Specified.--A country specified in this
subsection is a country the government of which the Secretary
of State determines, or has determined at any time during the
immediately preceding 3 years, has repeatedly provided
support for international terrorism pursuant to--
``(1) section 1754(c)(1)(A) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(2) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
``(3) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
``(4) any other provision of law.''.
(c) Clerical Amendment.--The table of contents for
subchapter I of chapter 449 of title 49, United States Code,
is amended by adding at the following:
``44930. Prohibition on certain access by certain individuals.''.
______
SA 3047. 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. PROHIBITION ON IMPORTATION OF CRUDE OIL,
PETROLEUM, PETROLEUM PRODUCTS, AND LIQUEFIED
NATURAL GAS FROM VENEZUELA AND IRAN.
(a) Finding.--Congress makes the following findings:
(1) Article XXI of the General Agreement on Tariffs and
Trade provides for security exceptions to the rules of the
World Trade Organization to allow a member of the World Trade
Organization to take actions ``necessary for the protection
of its essential security interests'' during ``time of war or
other emergency in international relations'' or ``to prevent
any contracting party from taking any action in pursuance of
its obligations under the United Nations Charter for the
maintenance of international peace and security''.
(2) The actions of the Bolivarian Republic of Venezuela and
the Islamic Republic of Iran to finance and facilitate the
participation of foreign terrorist organizations in ongoing
conflicts and illicit activities, in a manner that is
detrimental to the security interests of the United States,
warrants taking action under that Article.
(b) Prohibition.--The importation of crude oil, petroleum,
petroleum products, and liquefied natural gas from Venezuela
and Iran is prohibited.
(c) Exception.--The prohibition under subsection (b) does
not apply with respect to crude oil, petroleum, petroleum
products, or liquefied natural gas seized by the United
States Government for violations of sanctions imposed by the
United States.
(d) Effective Date.--The prohibition under subsection (b)
applies with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date that is 15
days after the date of the enactment of this Act.
______
SA 3048. Mr. RUBIO (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 appropriate place, insert the following:
SEC. ___. FHA MORTGAGE INSURANCE PROGRAM FOR MORTGAGES FOR
FIRST RESPONDERS.
Section 203 of the National Housing Act (12 U.S.C. 1709) is
amended by adding at the end the following:
``(z) FHA Mortgage Insurance Program for Mortgages for
First Responders.--
``(1) Definitions.--In this subsection:
``(A) First responder.--The term `first responder' means an
individual who is, as attested by the individual--
``(i)(I) employed full-time by a law enforcement agency of
the Federal Government, a State, a Tribal government, or a
unit of general local government; and
``(II) in carrying out such full-time employment, sworn to
uphold, and make arrests for violations of, Federal, State,
county, township, municipal, or Tribal laws, or authorized by
law to supervise sentenced criminal offenders or individuals
with pending criminal charges;
``(ii) employed full-time as a firefighter, paramedic, or
emergency medical technician by a fire department or
emergency medical services responder unit of the Federal
Government, a State, a Tribal government, or a unit of
general local government; or
``(iii) employed as a full-time teacher by a State-
accredited public school or private school that provides
direct services to students in grades pre-kindergarten
through 12.
``(B) First-time homebuyer.--The term `first-time
homebuyer' has the meaning given the term in section 104 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12704).
``(C) State.--The term `State' has the meaning given the
term in section 201.
``(D) Tribal government.--The term `Tribal government'
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
[[Page S5317]]
``(2) Authority.--The Secretary may, upon application by a
mortgagee, insure any mortgage eligible for insurance under
this subsection to an eligible mortgagor and, upon such terms
and conditions as the Secretary may prescribe, make
commitments for the insurance of such mortgages prior to the
date of their execution or disbursement.
``(3) Mortgage terms; mortgage insurance premium.--
``(A) Terms.--
``(i) In general.--A mortgage insured under this subsection
shall--
``(I) be made to an eligible mortgagor;
``(II) comply with the requirements established under
paragraphs (1) through (7) of subsection (b); and
``(III) be used only to--
``(aa) purchase or repair a 1-family residence, including a
1-family dwelling unit in a condominium project, to serve as
a principal residence of the mortgagor, as attested by the
mortgagor; or
``(bb) purchase a principal residence of the mortgagor, as
attested by the mortgagor, which is--
``(AA) a manufactured home to be permanently affixed to a
lot that is owned by the mortgagor and titled as real
property; or
``(BB) a manufactured home and a lot to which the home will
be permanently affixed that is titled as real property.
``(ii) No down payment.--Notwithstanding any provision to
the contrary in the matter following subsection (b)(2)(B)
with respect to first-time homebuyers--
``(I) the Secretary may insure any mortgage that involves
an original principal obligation (including allowable charges
and fees and the premium pursuant to subparagraph (B) of this
paragraph) in an amount not to exceed 100 percent of the
appraised value of the property involved; and
``(II) the mortgagor of a mortgage described in subclause
(I) shall not be required to pay any amount, in cash or its
equivalent, on account of the property.
``(B) Mortgage insurance premium.--
``(i) Up-front premium.--The Secretary shall establish and
collect an insurance premium in connection with mortgages
insured under this subsection that is a percentage of the
original insured principal obligation of the mortgage amount,
which shall be collected at the time and in the manner
provided under subsection (c)(2)(A), except that the premiums
collected under this subparagraph--
``(I) may be in an amount that exceeds 3 percent of the
amount of the original insured principal obligation of the
mortgage; and
``(II) may be adjusted by the Secretary from time to time
by increasing or decreasing such percentages as the Secretary
considers necessary, based on the performance of mortgages
insured under this subsection and market conditions.
``(ii) Prohibition of monthly premiums.--A mortgage insured
under this subsection shall not be subject to a monthly
insurance premium, including a premium under subsection
(c)(2)(B).
``(4) Eligible mortgagors.--The mortgagor for a mortgage
insured under this subsection shall, at the time the mortgage
is executed--
``(A) be a first-time homebuyer;
``(B) have completed a program of housing counseling
provided through a housing counseling agency approved by the
Secretary;
``(C) as attested by the mortgagor--
``(i) be employed as a first responder;
``(ii) have been--
``(I) employed as a first responder for not less than 4 of
the 5 years preceding the date on which the mortgagor
submitted an application to insure the mortgage under this
section; or
``(II) released from employment as a first responder due to
an occupation-connected disability resulting from such duty
or employment;
``(iii) be in good standing as a first responder and not on
probation or under investigation for conduct that, if
determined to have occurred, is grounds for termination of
employment;
``(iv) in good faith intend to continue as a first
responder for not less than 1 year following the date of
closing on the mortgage; and
``(v) have previously never been the mortgagor under a
mortgage insured under this subsection;
``(D) meet such requirements as the Secretary shall
establish to ensure that insurance of the mortgage represents
an acceptable risk to the Mutual Mortgage Insurance Fund; and
``(E) meet such underwriting requirements as the Secretary
shall establish to meet actuarial objectives identified by
the Secretary, which may include avoiding a positive subsidy
rate or complying with the capital ratio requirement under
section 205(f)(2).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program under this
subsection--
``(A) $660,000 for fiscal year 2024, to remain available
until expended; and
``(B) $160,000 for each of fiscal years 2025 through 2030,
to remain available until expended.
``(6) Reauthorization required.--The authority to enter
into new commitments to insure mortgages under this
subsection shall expire on the date that is 5 years after the
date on which the Secretary first makes available insurance
for mortgages under this subsection.''.
______
SA 3049. Mr. SCHUMER (for Mr. Durbin (for himself, Mr. Graham, Mr.
Hawley, Ms. Klobuchar, Mr. King, Mr. Lee, and Mr. Schumer)) proposed an
amendment to the bill S. 3696, to improve rights to relief for
individuals affected by non-consensual activities involving intimate
digital forgeries, 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 ``Disrupt Explicit Forged
Images and Non-Consensual Edits Act of 2024'' or the
``DEFIANCE Act of 2024''.
SEC. 2. 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 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.
SEC. 3. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE
IMAGES.
(a) Definitions.--Section 1309 of the Consolidated
Appropriations Act, 2022 (15 U.S.C. 6851) is amended--
(1) in the heading, by inserting ``or nonconsensual
activity involving digital forgeries'' after ``intimate
images''; and
(2) in subsection (a)--
(A) in paragraph (2), by inserting ``competent,'' after
``conscious,'';
(B) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(C) by redesignating paragraph (3) as paragraph (5);
(D) 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.'';
(E) 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
(F) in paragraph (6)(A), as so redesignated--
(i) in clause (i), by striking ``; or'' and inserting a
semicolon;
(ii) in clause (ii)--
(I) in subclause (I), by striking ``individual;'' and
inserting ``individual; or''; and
(II) by striking subclause (III); and
(iii) by adding at the end the following:
[[Page S5318]]
``(iii) an identifiable individual engaging in sexually
explicit conduct; and''.
(b) Civil Action.--Section 1309(b) of the Consolidated
Appropriations Act, 2022 (15 U.S.C. 6851(b)) is amended--
(1) in paragraph (1)--
(A) 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
(B) 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'';
(2) in paragraph (2)--
(A) 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
(B) 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'';
(3) by redesignating paragraph (4) as paragraph (5);
(4) 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.'';
(5) in paragraph (5)(A), as so redesignated--
(A) by striking ``image'' and inserting ``visual depiction
or digital forgery''; and
(B) by striking ``depicted'' and inserting
``identifiable''; and
(6) 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.''.
(c) Continued Applicability of Federal, State, and Tribal
Law.--
(1) In general.--This Act shall not be construed to impair,
supersede, or limit a provision of Federal, State, or Tribal
law.
(2) No preemption.--Nothing in this Act 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 Act, that
is at least as protective of the rights of a victim as this
Act.
SEC. 4. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, 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 Act,
and the application of the provision or amendment held to be
unconstitutional to any other person or circumstance, shall
not be affected thereby.
____________________