[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 N9000'00''W along the projection of the 
     south line of block 386, 206.58 feet to the centerline of the 
     East Waterway;
       (C) thence running N1430'00''E along the centerline and 
     parallel with the northwesterly line of block 386, 64.83 
     feet;
       (D) thence running N3332'59''E, 235.85 feet;
       (E) thence running N3955'22''E, 128.70 feet;
       (F) thence running N1430'00''E, parallel with the 
     northwesterly line of block 386, 280.45 feet;
       (G) thence running N9000'00''E, 70.00 feet to the pierhead 
     line and the northwesterly line of block 386; and
       (H) thence running S1430'00''W, 650.25 feet along the 
     pierhead line and northwesterly line of block 386 to the 
     point of beginning.
       (c) Cherryfield Dam, Maine.--The project for flood control, 
     Narraguagus River, Cherryfield Dam, Maine, authorized by, and 
     constructed pursuant to, section 205 of the Flood Control Act 
     of 1948 (33 U.S.C. 701s) is 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.

                          ____________________