[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5350-S5487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3050. 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 4951(2) of title 10, United States Code, is amended 
     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 3051. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle F of title III, add the following:

     SEC. 358. PROTECTION OF UNITED STATES ASSETS FROM INCURSIONS.

       (a) Short Title.--This section may be cited as the 
     ``Comprehensive Operations for Unmanned-System Neutralization 
     and Threat Elimination Response Act'' or the ``COUNTER Act''.
       (b) Modification of Requirements for Protection of Certain 
     Facilities and Assets From Unmanned Aircraft.--
       (1) In general.--Section 130i of title 10, United States 
     Code, is amended--
       (A) in the section heading, by striking ``aircraft'' and 
     inserting ``systems'';
       (B) by striking ``or unmanned aircraft'' each place it 
     appears and inserting ``, unmanned aircraft, or unmanned 
     system'';
       (C) in subsection (a)--
       (i) by striking ``Notwithstanding'' and inserting ``(1) 
     Notwithstanding''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) The Secretary of Defense shall delegate the authority 
     under paragraph (1) to take actions described in subsection 
     (b)(1) to the commander of a combatant command for those 
     covered facilities or assets that are under the protection of 
     that combatant command.'';
       (D) in subsection (b)--
       (i) in paragraph (1)(B), by inserting before the period at 
     the end the follow: ``, including through the use of remote 
     identification broadcast''; and
       (ii) in paragraph (2), by striking ``coordination'' and 
     inserting ``consultation'';
       (E) in subsection (d)--
       (i) in paragraph (2)(B), by striking ``coordinate'' and 
     inserting ``consult''; and
       (ii) by adding at the end the following new paragraph:
       ``(3) If the Secretary of Defense and the Secretary of 
     Transportation, pursuant to regulations prescribed or 
     guidance issued under paragraph (1), have approved a system 
     to protect a covered facility or asset, approval of all like 
     systems and all additional systems of the same kind shall be 
     encompassed by that approval.'';
       (F) in subsection (e)--
       (i) by striking ``unmanned aircraft system'' each place it 
     appears and inserting ``unmanned aircraft system, unmanned 
     aircraft, or unmanned system''; and
       (ii) in paragraph (4)--

       (I) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (II) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (III) by inserting after subparagraph (B) the following new 
     subparagraph:

       ``(C) would support another Federal agency with authority 
     to mitigate the threat of unmanned aircraft systems, unmanned 
     aircraft, or unmanned systems in mitigating such threats; 
     or'';
       (G) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively;
       (H) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Exemption From Disclosure.--Information pertaining to 
     the technology, procedures, and protocols used to carry out 
     this section, including any regulations or guidance issued to 
     carry out this section, shall be exempt from disclosure under 
     section 552(b)(3) of title 5 and any State or local law 
     requiring the disclosure of information.''; and
       (I) in subsection (j), as redesignated by subparagraph 
     (G)--
       (i) in paragraph (1)--

       (I) by striking ``subsection (j)(3)(C)'' and inserting 
     ``subsection (k)(3)(C)''; and
       (II) by striking ``December 31, 2026'' and inserting 
     ``December 31, 2030''; and

       (ii) in paragraph (2)--

       (I) by striking ``180 days'' and inserting ``one year''; 
     and
       (II) by striking ``November 15, 2026'' and inserting 
     ``November 15, 2030''; and

       (J) in subsection (k), as so redesignated--
       (i) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively;
       (ii) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The term `combatant command' has the meaning given 
     that term in section 161 of this title.'';
       (iii) in paragraph (4), as redesignated by clause (i)--

       (I) in clause (viii), by striking ``; or'' and inserting a 
     semicolon;
       (II) in clause (ix)--

       (aa) by striking ``sections'' and inserting ``section''; 
     and
       (bb) by striking the period at the end and inserting a 
     semicolon; and

       (III) by adding at the end the following new clauses:

       ``(x) protection of an installation of the Air National 
     Guard;
       ``(xi) protection of the buildings, grounds, and property 
     to which the public are not permitted regular, unrestricted 
     access and that are under the jurisdiction, custody, or 
     control of the Department of Defense and the persons on that 
     property pursuant to section 2672 of this title;
       ``(xii) assistance to Federal, State, or local officials in 
     responding to incidents involving nuclear, radiological, 
     biological, or chemical weapons, high-yield explosives, or 
     related materials or technologies, including pursuant to 
     section 282 of this title or the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq);
       ``(xiii) transportation, storage, treatment, and disposal 
     of explosives by the Department pursuant to section 2692(b) 
     of this title; or
       ``(xiv) emergency response that is limited to a specified 
     timeframe and location.''; and
       (iv) by adding at the end the following new paragraph:
       ``(8) The term `unmanned system' means an unmanned air, 
     ground, or surface vehicle and its associated elements, 
     including communication links and the components required to 
     control, program, or direct navigation or function.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 3 of such title is amended by striking 
     the item relating to section 130i and inserting the following 
     new item:

``130i. Protection of certain facilities and assets from unmanned 
              systems.''.
       (c) Protection of United States Airspace, Maritime Domain, 
     and Territory From Incursions by Foreign Powers.--
       (1) In general.--Chapter 3 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 130j. Protection of United States airspace, maritime 
       domain, and territory from incursions by foreign powers

       ``(a) Support Authorized to Federal Departments or 
     Agencies.--Notwithstanding any provision of title 18 (except 
     for section 1385 of such title) or the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), the 
     Secretary of Defense may provide the support described in 
     subsection (b) to any element of the Department of Defense, 
     or to any other department or agency of the Federal 
     Government at the request of the head of such department or 
     agency--
       ``(1) to prevent or respond to an incursion reasonably 
     believed to be by a foreign power or agent of a foreign power 
     in the territory, including the territorial waters, of the 
     United States or the airspace above such territory; or
       ``(2) to respond to any exigent threat to public safety 
     declared by the President in a declaration of national 
     emergency issued pursuant to the National Emergencies Act (50 
     U.S.C. 1601 et seq.), if the Secretary reasonably believes 
     that the threat to public safety is directed by a foreign 
     power or an agent of a foreign power.
       ``(b) Support Described.--The support described in this 
     subsection is the collection,

[[Page S5351]]

     processing, analysis, production, and dissemination of 
     signals intelligence information, including through the use 
     of electronic surveillance.
       ``(c) Prohibition on Targeting United States Persons.--The 
     Secretary may not provide support under this section that 
     intentionally targets a United States person to acquire 
     information.
       ``(d) Congressional Notification.--The Secretary shall 
     promptly report to the congressional defense committees and 
     the congressional intelligence committees any support 
     provided under this section.
       ``(e) Reimbursable Support.--The head of a department or 
     agency of the Federal Government to which support is provided 
     under this section shall reimburse the Department of Defense 
     for such support pursuant to section 1535 of title 31.
       ``(f) Classification Review.--(1) Upon completion of 
     support authorized under this section, the Secretary of 
     Defense, in consultation with the head of a department or 
     agency of the Federal Government to which such support was 
     provided, shall conduct a declassification review of the 
     report required by subsection (d) and make publicly available 
     such report or a summary of such report to the greatest 
     extent practicable and consistent with the protection of 
     national security.
       ``(2) The Secretary of Defense shall complete the 
     declassification review required by paragraph (1) of a report 
     required by subsection (d) as soon as practicable following 
     the completion of the support that is the subject such report 
     and not later than 180 days after the date on which such 
     declassification review begins.
       ``(g) Applicability of Other Laws to Activities Related to 
     the Mitigation of Threats From Unmanned Aircraft Systems or 
     Unmanned Aircraft.--Sections 32, 1030, and 1367 of title 18 
     and section 46502 of title 49 may not be construed to apply 
     to activities of the Department of Defense or the Coast 
     Guard, whether under this section or any other provision of 
     law, that--
       ``(1) are conducted outside the United States; and
       ``(2) are related to the mitigation of threats from 
     unmanned aircraft systems or unmanned aircraft.
       ``(h) Definitions.--In this section:
       ``(1) The terms `agent of a foreign power', `electronic 
     surveillance', `foreign power', and `United States person' 
     have the meanings given those terms in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).
       ``(2) The term `congressional intelligence committees' has 
     the meaning given such term in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section relating to section 130i the 
     following new item:

``130j. Protection of United States airspace, maritime domain, and 
              territory from incursions by foreign powers.''.
                                 ______
                                 
  SA 3052. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. REPORT ON NATIONAL SECURITY IMPACTS OF TECHNOLOGY 
                   PROTECTIONISM BY THE REPUBLIC OF KOREA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of Commerce and the Secretary 
     of State, shall submit to the congressional defense 
     committees a report detailing the national security 
     implications of the discrimination by the Republic of Korea 
     against United States technology companies, which works to 
     the advantage of technology firms of the People's Republic of 
     China.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) a determination as to whether--
       (A) legislation of the Republic of Korea known as the 
     ``Online Platform Monopoly Regulation Act'' would impact 
     United States national security by discriminating against 
     United States technology companies;
       (B) such legislation would allow technology firms of the 
     People's Republic of China that pose national security risks 
     to the United States to gain market share in the Republic of 
     Korea; and
       (C) dominance over the digital sectors of the Republic of 
     Korea by technology firms of the People's Republic of China 
     would impact the information security of the United States 
     Armed Forces based in the Republic of Korea; and
       (2) a determination of the manner in which the passage of 
     such legislation and the mitigation of its national security 
     impacts should be accounted for in the Special Measures 
     Agreement, and other United States defense funding intended 
     for the protection of the Republic of Korea.
                                 ______
                                 
  SA 3053. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

               TITLE XVII--NO ICBMS FOR IRAN ACT OF 2024

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``No ICBMs for Iran Act of 
     2024''.

 Subtitle A--Sanctions and Report on Iranian Space-launch Vehicles and 
                  Intercontinental Ballistic Missiles

     SEC. 1711. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The Islamic Republic of Iran has the largest ballistic 
     missile arsenal in the Middle East, which Iran uses to 
     threaten forces of the United States and partners of the 
     United States in the region.
       (2) Iran is progressing toward developing an 
     intercontinental ballistic missile (commonly referred to an 
     ``ICBM'') capability. In 2023, the Defense Intelligence 
     Agency reported that Iran's progress on its space-launch 
     vehicles shortens the time needed for Iran to produce an ICBM 
     since space-launch vehicles and ICBMs use similar 
     technologies.
       (3) Iran continues to rely on illicit foreign procurement 
     to support its long-range missile aspirations. For example, 
     Iran recently tried to purchase from the Russian Federation 
     and the People's Republic of China ammonium perchlorate, 
     which is the main ingredient in solid propellants to power 
     missiles.
       (4) Iran relies at least in part on networks in Hong Kong 
     and the People's Republic of China to procure dual-use 
     materials and equipment for its longer-range ballistic 
     missile program.
       (5) North Korea historically has played a role in 
     supporting longer-range Iranian ballistic missile 
     capabilities. Specifically, North Korea provided the Nodong-A 
     to Iran in the 1990s, which Iran used to develop both its 
     first nuclear-capable medium-range ballistic missile and 
     liquid propellant engines for its space-launch vehicles.
       (6) While the Iran Space Agency, a government organization 
     subject to sanctions, develops space capabilities for Iran's 
     ministry of defense as well as the communications sector, 
     Iran's Revolutionary Guard Corps Aerospace Force (commonly 
     referred to as the ``IRGC-AF'') runs a parallel space program 
     employing solid-propellant motors, which if used in ICBM 
     technology, would enable launches with little warning.
       (7) Iran continues work on larger diameter solid-propellant 
     motors, like the Rafa'e, and is now reportedly in the 
     possession of an all-solid-propellant space-launch vehicle 
     called the Qaem-100. Iran successfully launched a satellite 
     into orbit using its Qaem-100 rocket January 2024.
       (8) Iran's development, production, and transfer of space-
     launch vehicle and ballistic missile technology violated 
     Annex B of United Nations Security Council Resolution 2231 
     (2015), which enshrined certain restrictions under the Joint 
     Comprehensive Plan of Action. Those restrictions expired on 
     October 18, 2023.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Iran's space program continues to function as a cover 
     for Iran's quest for an ICBM;
       (2) the possession by Iran of an ICBM would pose a direct 
     threat to the United States homeland and partners of the 
     United States in Europe; and
       (3) the United States should work to deny Iran the ability 
     to hold the United States homeland or European partners of 
     the United States at risk with an ICBM.

     SEC. 1712. DETERMINATION AND MANDATORY IMPOSITION OF 
                   SANCTIONS UNDER EXECUTIVE ORDER 13382.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall--
       (1) determine whether each individual or entity specified 
     in subsection (b) meets the criteria for the imposition of 
     sanctions under Executive Order 13382 (50 U.S.C. 1701 note; 
     relating to blocking property of weapons of mass destruction 
     proliferators and their supporters); and
       (2) with respect to any such individual or entity the 
     President determines does meet such criteria, impose such 
     sanctions.
       (b) Individuals and Entities Specified.--The individuals 
     and entities specified in this subsection are the following:
       (1) The Space Division of the IRGC-AF.
       (2) All senior officers of the IRGC-AF.
       (3) Brigadier General Amir-Ali Hajizadeh, the commander of 
     the IRGC-AF.
       (4) General Majid Mousavi, the deputy commander of the 
     IRGC-AF.
       (5) Second Brigadier General Ali-Jafarabadi, the commander 
     of the Space Division of the IRGC-AF.

     SEC. 1713. REPORT ON SUPPORT FOR IRAN'S SPACE, AEROSPACE, AND 
                   BALLISTIC MISSILE SECTORS AND UNITED STATES 
                   CAPACITY TO DENY INTERCONTINENTAL BALLISTIC 
                   MISSILE ATTACKS FROM IRAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act,

[[Page S5352]]

     the Secretary of Defense, in coordination with the Secretary 
     of State and the Director of National Intelligence, shall 
     submit to the congressional defense committees a report that 
     includes the following:
       (1) An identification of entities in Iran not subject to 
     sanctions imposed by the United States as of the date of the 
     report that are helping to support Iran's space, aerospace, 
     and ballistic missile sectors, including public and private 
     entities making a material contribution to Iran's development 
     of space-launch vehicles or ICBMs.
       (2) An identification of the countries the governments of 
     which continue to support Iran's space, aerospace, and 
     ballistic missile activities.
       (3) With respect to each country identified under paragraph 
     (2), the following:
       (A) Actions taken by the government of the country or other 
     entities within the country to support Iran's space, 
     aerospace, and ballistic missile activities, including the 
     transfer of missiles, engines, propellant or materials that 
     can be used for fuel, or other technologies that could make a 
     material contribution to development of space-launch vehicles 
     or ICBMs.
       (B) Any actions described in subparagraph (A) or proposals 
     for such actions being negotiated or discussed as of the date 
     of the report.
       (4) An assessment of Iran's ICBM technology, including the 
     following:
       (A) Key steps Iran would need to take to develop an ICBM.
       (B) An assessment of which rocket motors Iran would likely 
     use to build an ICBM.
       (C) Technological hurdles Iran would still need to overcome 
     to develop an ICBM.
       (D) Pathways to overcome the hurdles described in 
     subparagraph (C), including the potential transfer of 
     technologies from North Korea, the Russian Federation, or the 
     People's Republic of China.
       (E) An estimated timeline for Iran to develop an ICBM if 
     Iran chooses to do so.
       (b) Updates.--As new information becomes available and not 
     less frequently than annually, the Secretary shall submit to 
     the congressional defense committees an updated version of 
     the report required by subsection (a) that includes updated 
     information under paragraphs (1) through (4) of that 
     subsection.
       (c) Form.--Each report submitted under this section shall 
     be submitting in unclassified form, but may include a 
     classified annex.

     SEC. 1714. REPORT ON SENIOR OFFICIALS OF GOVERNMENT OF IRAN 
                   RESPONSIBLE FOR SPACE-LAUNCH VEHICLE OR 
                   BALLISTIC MISSILE TESTS.

       (a) In General.--Not later than 30 days after the date on 
     which the President determines that the Government of Iran 
     has conducted a test of a space-launch vehicle or ballistic 
     missile, the President shall submit to the congressional 
     defense committees a notification that identifies each senior 
     official of the Government of Iran that the President 
     determines is responsible for ordering, controlling, or 
     otherwise directing the test.
       (b) Elements.--The notification required by subsection (a) 
     shall include--
       (1) available information on the ballistic missile or the 
     generic class of ballistic missile or space rocket that was 
     launched;
       (2) the trajectory, duration, range, and altitude of the 
     flight of the missile or rocket;
       (3) the duration, range, and altitude of the flight of each 
     stage of the missile or rocket;
       (4) the location of the launch point and impact point;
       (5) the payload; and
       (6) other technical information that is available.
       (c) Form.--The notification required by subsection (a) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.

 Subtitle B--Sanctions and Reports Relating to Iranian Unmanned Aerial 
                                Systems

     SEC. 1721. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) Iran has a robust unmanned aerial system program under 
     which Iran operates several unmanned aerial systems, 
     including combat drones, drones capable of conducting 
     intelligence, surveillance, and reconnaissance, and suicide 
     or kamikaze drones.
       (2) Iran has supplied thousands of unmanned aerial systems 
     to the Russian Federation, including several hundred of the 
     Shahed-136 suicide drone.
       (3) Iran and the Russian Federation are reportedly planning 
     to build 6,000 Geran-2 drones, the Russian-made version of 
     the Iranian Shahed-136, at a new facility in the Russian 
     Federation.
       (4) The Iranian supply of unmanned aerial systems to the 
     Russian Federation has fueled the Russian Federation's 
     murderous invasion of Ukraine and caused countless civilian 
     deaths.
       (5) The United States found parts made by more than a dozen 
     United States or western companies in an Iranian unmanned 
     aerial system downed in Ukraine, which are likely transferred 
     to Iran illegally.
       (6) Iran is also responsible for the proliferation of 
     unmanned aerial systems to terrorist groups in the Middle 
     East, including Hamas in Gaza, Hezbollah in Lebanon, and the 
     Houthis in Yemen, which have all employed drones in their 
     murderous attacks on Israel following the October 7, 2023, 
     terrorist attacks by Hamas in Israel, which killed more than 
     1,400 innocent civilians.
       (7) Iran's transfer of unmanned aerial systems to other 
     governments and terrorist groups has violated Annex B of 
     United Nations Security Council Resolution 2231 (2015) and 
     restrictions imposed under the Joint Comprehensive Plan of 
     Action, which expired on October 18, 2023.
       (8) Upon the expiration of those restrictions, Iran's 
     transfer of deadly unmanned aerial systems and ballistic 
     missiles to actors like Hamas and the Russian Federation 
     became legal under international law.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Iran's unmanned aerial system program contributes 
     significantly to the instability of the Middle East and 
     threatens the security of the United States and its partners 
     in the Middle East, including Israel;
       (2) the provision of Iranian unmanned aerial systems gives 
     the Russian Federation an advantage in its war in Ukraine and 
     contributes to the dangerous partnership between Iran and the 
     Russian Federation;
       (3) the expiration of restrictions under the Joint 
     Comprehensive Plan of Action and Annex B of United Nations 
     Security Council Resolution 2231 on October 18, 2023, helps 
     facilitate Iran's development and transfer of deadly unmanned 
     aerial systems and ballistic missiles to actors like Hamas 
     and the Russian Federation; and
       (4) the United States should seek to hinder Iran's unmanned 
     aerial system production, its transfer of such systems to the 
     Russian Federation, Hamas, and other hostile state and non-
     state actors, and to prevent the further use of United States 
     components in Iranian unmanned aerial systems.

     SEC. 1722. INCLUSION OF UNMANNED AERIAL SYSTEMS AND CRUISE 
                   MISSILES UNDER COMPREHENSIVE IRAN SANCTIONS, 
                   ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010.

       (a) Findings.--Section 2(1) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8501(1)) is amended by striking ``and ballistic 
     missiles'' and inserting ``, ballistic missiles, and unmanned 
     aerial systems and cruise missiles''.
       (b) Inclusion in Goods, Services, and Technologies of 
     Diversion Concern.--Section 302(b)(1)(B) of the Comprehensive 
     Iran Sanctions, Accountability, and Divestment Act of 2010 
     (22 U.S.C. 8542(b)(1)(B)) is amended--
       (1) in clause (ii), by striking ``; or'' and inserting a 
     semicolon;
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following:
       ``(iii) unmanned aerial system (as defined in section 1727 
     of the No ICBMs for Iran Act of 2024) or cruise missile 
     program; or''.
       (c) Sunset.--Section 401(a)(2) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8551(a)(2)) is amended by striking ``and ballistic 
     missiles and ballistic missile launch technology'' and 
     inserting ``, ballistic missiles and ballistic missile launch 
     technology, and unmanned aerial system (as defined in section 
     1727 of the No ICBMs for Iran Act of 2024) and cruise missile 
     programs.''.

     SEC. 1723. INCLUSION OF UNMANNED AERIAL SYSTEMS IN 
                   ENFORCEMENT OF ARMS EMBARGOS UNDER COUNTERING 
                   AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT.

       Section 107(a)(1) of the Countering America's Adversaries 
     Through Sanctions Act (22 U.S.C. 9406(a)(1)) is amended by 
     inserting ``unmanned aerial systems (as defined in section 
     1727 of the No ICBMs for Iran Act of 2024),'' after 
     ``warships,''.

     SEC. 1724. INCLUSION OF UNMANNED AERIAL SYSTEMS UNDER IRAN-
                   IRAQ ARMS NON-PROLIFERATION ACT OF 1992.

       Section 1608(1) of the Iran-Iraq Arms Non-Proliferation Act 
     of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is amended 
     by inserting ``unmanned aerial systems (as defined in section 
     1727 of the No ICBMs for Iran Act of 2024),'' after ``cruise 
     missiles,''.

     SEC. 1725. STRATEGY TO COUNTER IRANIAN UNMANNED AERIAL 
                   SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     congressional defense committees a report (with a classified 
     annex) that includes a strategy for countering Iran's growing 
     unmanned aerial systems program and its transfer of unmanned 
     aerial systems and related technology to foreign states and 
     non-state actors.
       (b) Plan To Prevent Iran Obtaining United States 
     Materials.--
       (1) In general.--The strategy required by subsection (a) 
     shall draw upon the work of the President Biden's interagency 
     task force investigating the presence of United States parts 
     in Iranian unmanned aerial systems to develop a plan for 
     preventing Iran from obtaining United States materials for 
     its unmanned aerial system program.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) A list of identified United States components found in 
     Iranian unmanned aerial systems and a list of United States 
     suppliers of those components.
       (B) An assessment of existing export controls for 
     components described in subparagraph (A) and a plan to 
     strengthen those export controls, including through any 
     necessary legislative action by Congress.
       (C) An investigation into and identification of foreign 
     actors, including individuals and government and 
     nongovernmental entities, that are supplying components to 
     the Iranian unmanned aerial system and weapons programs.

[[Page S5353]]

       (D) Strategies to deny supply chains for such components, 
     including any sanctions or other actions to target the 
     individuals or entities identified under subparagraph (C).
       (E) An identification of any additional authorities or 
     funding needed to enable the investigation of how Iran is 
     obtaining United States components for its unmanned aerial 
     system program.
       (F) An assessment of how the Bureau of Industry and 
     Security of the Department of Commerce is monitoring 
     compliance with their restrictions on Iranian unmanned aerial 
     system producers aimed at ensuring United States and other 
     foreign-made components are not being used in Iranian 
     unmanned aerial systems.
       (G) An investigation into Iran's use of shell companies to 
     evade sanctions and restrictions on the use of United States 
     or other foreign-made components in Iranian unmanned aerial 
     system production.
       (H) Strategies to ensure United States manufacturers of 
     critical components for unmanned aerial systems can verify 
     the end users of those components.
       (I) Any other actions that could be use to disrupt Iran's 
     unmanned aerial system and weapons programs and its transfers 
     to foreign states and non-state actors.
       (c) Diplomatic Strategy.--The strategy required by 
     subsection (a) shall include a diplomatic strategy to 
     coordinate with allies of the United States to counter Iran's 
     unmanned aerial system production and transfer of unmanned 
     aerial systems and related technologies to foreign states and 
     non-state actors, including the following:
       (1) Coordination with respect to sanctions comparable to 
     the sanctions the United States is required to apply under 
     the amendments made by this subtitle.
       (2) Intelligence sharing with allies of the United States 
     to determine how Iran is obtaining western components for its 
     unmanned aerial system program.
       (3) Intelligence sharing with allies of the United States 
     to track, monitor, and disrupt Iranian transfers of its 
     unmanned aerial system technology to foreign states and non-
     state actors.
       (4) A plan to cooperate with allies of the United States to 
     develop or advance anti-unmanned aerial system equipment.

     SEC. 1726. REPORT ON SUPPORT FOR IRAN'S UNMANNED AERIAL 
                   SYSTEM PROGRAM AND RELATED TECHNOLOGY 
                   TRANSFERS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State and the Director of 
     National Intelligence, shall submit to the congressional 
     defense committees a report that outlines the following:
       (1) Domestic industries, individuals, or entities in Iran 
     not subject to sanctions imposed by the United States as of 
     the date of the report that are helping to support Iran's 
     unmanned aerial system program, including both public and 
     private entities making a material contribution to Iran's 
     production of unmanned aerial systems.
       (2) A list of foreign states or non-state actors using 
     Iranian unmanned aerial system technology or looking to 
     purchase it, including any negotiations or discussions 
     ongoing as of the date of the enactment of this Act between 
     Iran and a foreign state or non-state actor to acquire such 
     technology from Iran.
       (3) An assessment of cooperation between Iran and the 
     People's Republic of China to develop, produce, acquire, or 
     export unmanned aerial system technology.
       (4) An assessment of cooperation between Iran and the 
     Russian Federation to develop, produce, acquire, or export 
     unmanned aerial system technology, including a status update 
     on Russian capabilities to produce Iranian unmanned aerial 
     systems.
       (5) An assessment on how the October 18, 2023, expiration 
     of sanctions and other restrictions under Annex B of United 
     Nations Security Council Resolution 2231 (2015) have or have 
     not increased cooperation between Iran and the Russian 
     Federation or Iran and the People's Republic of China 
     relating to transactions previously restricted under that 
     resolution.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

     SEC. 1727. UNMANNED AERIAL SYSTEM DEFINED.

       In this subtitle, the term ``unmanned aerial system''--
       (1) means an aircraft without a human pilot onboard that is 
     controlled by an operator remotely or programmed to fly 
     autonomously; and
       (2) includes--
       (A) unmanned vehicles that conduct intelligence, 
     surveillance, or reconnaissance operations;
       (B) unmanned vehicles that can loiter, such as suicide or 
     kamikaze drones; and
       (C) unmanned combat aerial vehicles.

          Subtitle C--Expansion of Iran Sanctions Act of 1996

     SEC. 1731. EXPANSION OF IRAN SANCTIONS ACT OF 1996.

       (a) Expansion of Sanctions With Respect to Weapons of Mass 
     Destruction and Conventional Weapons.--Section 5(b)(1) of the 
     Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 
     1701 note) is amended--
       (1) in the paragraph heading, by striking ``Exports, 
     transfers, and transshipments'' and inserting ``Weapons of 
     mass destruction and conventional weapons'';
       (2) in subparagraph (A), by striking ``the Iran Threat 
     Reduction and Syria Human Rights Act of 2012'' and inserting 
     ``the No ICBMs for Iran Act of 2024'';
       (3) in subparagraph (B)--
       (A) in clause (i), by striking ``would likely'' and 
     inserting ``may'';
       (B) in clause (ii)--
       (i) in subclause (I)--

       (I) by striking ``or develop'' and inserting ``develop, or 
     export''; and
       (II) by striking ``; or'' and inserting a semicolon;

       (ii) by redesignating subclause (II) as subclause (IV); and
       (iii) by inserting after subclause (I) the following:

       ``(II) acquire or develop ballistic missiles or ballistic 
     missile launch technologies;
       ``(III) acquire or develop unmanned aerial systems (as 
     defined in section 1727 of the No ICBMs for Iran Act of 
     2024); or''.

       (b) Sanctions With Respect to Space-launch and Ballistic 
     Missile Programs.--Section 5(b) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended by 
     adding at the end the following:
       ``(4) Space-launch and ballistic missile goods, services, 
     or technology.--
       ``(A) Transfer to iran.--Except as provided in subsection 
     (f), the President shall impose 5 or more of the sanctions 
     described in section 6(a) with respect to a person if the 
     President determines that the person, on or after the date of 
     the enactment of the No ICBMs for Iran Act of 2024, knowingly 
     exports, transfers, or permits or otherwise facilitates the 
     transshipment or reexport of goods, services, technology, or 
     other items to Iran that may support Iran's efforts to 
     acquire, develop, or export its space-launch programs, space-
     launch vehicles, or ballistic missiles or ballistic missile 
     launch technologies.
       ``(B) Development and support for development.--Except as 
     provided in subsection (f), the President shall impose 5 or 
     more of the sanctions described in section 6(a) with respect 
     to--
       ``(i) an agency or instrumentality of the Government of 
     Iran if the President determines that the agency or 
     instrumentality knowingly, on or after the date of the 
     enactment of the No ICBMs for Iran Act of 2024, seeks to 
     develop, procure, or acquire goods, services, or technology 
     that may support efforts by the Government of Iran with 
     respect to space-launch vehicle or ballistic missile-related 
     goods, services, and items listed on the Equipment, Software, 
     and Technology Annex of the Missile Technology Control Regime 
     (commonly referred to as the `MTCR Annex');
       ``(ii) a foreign person or an agency or instrumentality of 
     a foreign state (as defined in section 1603(b) of title 28, 
     United States Code) if the President determines that the 
     person or agency or instrumentality knowingly, on or after 
     such date of enactment, provides material support to the 
     Government of Iran that may support efforts by the Government 
     of Iran with respect to space-launch vehicle or ballistic 
     missile-related goods, services, and items listed on the MTCR 
     Annex; and
       ``(iii) a foreign person that the President determines 
     knowingly, on or after such date of enactment, engages in a 
     transaction or transactions with, or provides financial 
     services for, a foreign person or an agency or 
     instrumentality of a foreign state described in clause (i) or 
     (ii) with respect to space-launch vehicle or ballistic 
     missile-related goods, services, and items listed on the MTCR 
     Annex.
       ``(C) Congressional requests.--Not later than 30 days after 
     receiving a request from the chairman or ranking member of 
     the appropriate congressional committees with respect to 
     whether a person meets the criteria for the imposition of 
     sanctions under subparagraph (A) or (B), the President 
     shall--
       ``(i) determine if the person meets such criteria; and
       ``(ii) submit a report to the chairman or ranking member, 
     as the case may be, who submitted the request with respect to 
     that determination that includes a statement of whether or 
     not the President imposed or intends to impose sanctions with 
     respect to the person.''.
                                 ______
                                 
  SA 3054. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT 
                   FROM THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--Notwithstanding the provisions of title I 
     of Public Law 106-286 (114 Stat. 880) or any other provision 
     of law, effective on the date of the enactment of this Act--
       (1) normal trade relations treatment shall not apply 
     pursuant to section 101 of that Act to the products of the 
     People's Republic of China;
       (2) normal trade relations treatment may thereafter be 
     extended to the products of the People's Republic of China 
     only in accordance with the provisions of chapter 1 of title 
     IV of the Trade Act of 1974 (19 U.S.C. 2431 et

[[Page S5354]]

     seq.), as in effect with respect to the products of the 
     People's Republic of China on the day before the effective 
     date of the accession of the People's Republic of China to 
     the World Trade Organization; and
       (3) the extension of waiver authority that was in effect 
     with respect to the People's Republic of China under section 
     402(d)(1) of the Trade Act of 1974 (19 U.S.C. 2432(d)(1)) on 
     the day before the effective date of the accession of the 
     People's Republic of China to the World Trade Organization 
     shall, upon the enactment of this Act, be deemed not to have 
     expired, and shall continue in effect until the date that is 
     90 days after the date of such enactment.
       (b) Expansion of Bases of Ineligibility of People's 
     Republic of China for Normal Trade Relations.--
       (1) In general.--Section 402 of the Trade Act of 1974 (19 
     U.S.C. 2432) is amended--
       (A) in the section heading, by striking ``freedom of 
     emigration in east-west trade'' and inserting ``east-west 
     trade and human rights''; and
       (B) by adding at the end the following:
       ``(f) Additional Bases of Ineligibility of People's 
     Republic of China for Normal Trade Relations.--
       ``(1) In general.--Products of the People's Republic of 
     China shall not be eligible to receive nondiscriminatory 
     treatment (normal trade relations), the People's Republic of 
     China shall not participate in any program of the Government 
     of the United States which extends credits or credit 
     guarantees or investment guarantees, directly or indirectly, 
     and the President shall not conclude any commercial agreement 
     with the People's Republic of China, during the period--
       ``(A) beginning with the date on which the President 
     determines that the People's Republic of China--
       ``(i) is in violation of paragraph (1), (2), or (3) of 
     subsection (a);
       ``(ii) uses or provides for the use of slave labor;
       ``(iii) operates `vocational training and education 
     centers' or other concentration camps where people are held 
     against their will;
       ``(iv) performs or otherwise orders forced abortion or 
     sterilization procedures;
       ``(v) harvests the organs of prisoners without their 
     consent;
       ``(vi) hinders the free exercise of religion;
       ``(vii) intimidates or harasses nationals of the People's 
     Republic of China living outside the People's Republic of 
     China; or
       ``(viii) engages in systematic economic espionage against 
     the United States, including theft of the intellectual 
     property of United States persons; and
       ``(B) ending on the date on which the President determines 
     that the People's Republic of China is no longer in violation 
     of any of clauses (i) through (viii) of subparagraph (A).
       ``(2) Report required.--
       ``(A) In general.--After the date of the enactment of this 
     subsection, products of the People's Republic of China may be 
     eligible to receive nondiscriminatory treatment (normal trade 
     relations), the People's Republic of China may participate in 
     any program of the Government of the United States which 
     extends credits or credit guarantees or investment 
     guarantees, and the President may conclude a commercial 
     agreement with the People's Republic of China, only after the 
     President has submitted to Congress a report indicating that 
     the People's Republic of China is not in violation of any of 
     clauses (i) through (viii) of paragraph (1)(A).
       ``(B) Elements.--The report required by subparagraph (A) 
     shall include information as to the nature and implementation 
     of laws and policies of the People's Republic of China 
     relating to the matters specified in clauses (i) through 
     (viii) of paragraph (1)(A).
       ``(C) Deadlines.--The report required by subparagraph (A) 
     shall be submitted on or before each June 30 and December 31 
     of each year for as long as products of the People's Republic 
     of China receive nondiscriminatory treatment (normal trade 
     relations), the People's Republic of China participates in 
     any program of the Government of the United States which 
     extends credits or credit guarantees or investment 
     guarantees, or a commercial agreement with the People's 
     Republic of China is in effect.
       ``(3) Waiver.--
       ``(A) In general.--The President is authorized to waive by 
     Executive order the application of paragraphs (1) and (2) for 
     a 12-month period if the President submits to Congress a 
     report that the President--
       ``(i) has determined that such waiver will substantially 
     promote the objectives of this subsection; and
       ``(ii) has received assurances that the practices of the 
     People's Republic of China relating to the matters specified 
     in clauses (i) through (viii) of paragraph (1)(A) will in the 
     future lead substantially to the achievement of the 
     objectives of this subsection.
       ``(B) Termination of waiver.--A waiver under subparagraph 
     (A) shall terminate on the earlier of--
       ``(i) the day after the waiver authority granted by this 
     paragraph ceases to be effective under paragraph (4); or
       ``(ii) the effective date of an Executive order providing 
     for termination of the waiver.
       ``(4) Extension of waiver authority.--
       ``(A) Recommendations.--If the President determines that 
     the further extension of the waiver authority granted under 
     paragraph (3) will substantially promote the objectives of 
     this subsection, the President may recommend further 
     extensions of such authority for successive 12-month periods. 
     Any such recommendations shall--
       ``(i) be made not later than 30 days before the expiration 
     of such authority;
       ``(ii) be made in a document submitted to the House of 
     Representatives and the Senate setting forth the reasons of 
     the President for recommending the extension of such 
     authority; and
       ``(iii) include--

       ``(I) a determination that continuation of the waiver will 
     substantially promote the objectives of this subsection; and
       ``(II) a statement setting forth the reasons of the 
     President for such determination.

       ``(B) Continuation in effect of waiver.--If the President 
     recommends under subparagraph (A) the further extension of 
     the waiver authority granted under paragraph (3), such 
     authority shall continue in effect until the end of the 12-
     month period following the end of the previous 12-month 
     extension, unless--
       ``(i) Congress adopts and transmits to the President a 
     joint resolution of disapproval under paragraph (5) before 
     the end of the 60-day period beginning on the date the waiver 
     authority would expire but for an extension under 
     subparagraph (A); and
       ``(ii) if the President vetoes the joint resolution, each 
     House of Congress votes to override the veto on or before the 
     later of--

       ``(I) the last day of the 60-day period referred to in 
     clause (i); or
       ``(II) the last day of the 15-day period (excluding any day 
     described in section 154(b)) beginning on the date on which 
     Congress receives the veto message from the President.

       ``(C) Termination of waiver pursuant to joint resolution of 
     disapproval.--If a joint resolution of disapproval is enacted 
     into law pursuant to paragraph (5), the waiver authority 
     granted under paragraph (3) shall cease to be effective as of 
     the day after the 60-day period beginning on the date of the 
     enactment of the joint resolution.
       ``(5) Joint resolution of disapproval.--
       ``(A) Joint resolution of disapproval defined.--In this 
     paragraph, the term `joint resolution of disapproval' means a 
     joint resolution the matter after the resolving clause of 
     which is as follows: `That Congress does not approve the 
     extension of the authority contained in paragraph (3) of 
     section 402(f) of the Trade Act of 1974 with respect to the 
     People's Republic of China recommended by the President to 
     Congress under paragraph (4) of that section on ___.', with 
     the blank space being filled with the appropriate date.
       ``(B) Procedures in house and senate.--The provisions of 
     subsections (b) through (f) of section 152 shall apply with 
     respect to a joint resolution of approval to the same extent 
     and in the same manner as such provisions apply with respect 
     to a resolution described in subsection (a) of that section, 
     except that subsection (e)(2) of that section shall be 
     applied and administered by substituting `Consideration' for 
     `Debate'.
       ``(C) Rules of the house of representatives and senate.--
     This paragraph is enacted by Congress--
       ``(i) as an exercise of the rulemaking power of the House 
     of Representatives and the Senate, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such other rules; and
       ``(ii) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner and 
     to the same extent as in the case of any other rule of that 
     House.''.
       (2) Clerical amendment.--The table of contents for the 
     Trade Act of 1974 is amended by striking the item relating to 
     section 402 and inserting the following:

``Sec. 402. East-West trade and human rights.''.
                                 ______
                                 
  SA 3055. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. LOSS OF PENSIONS ACCRUED FOR ABUSING THE PUBLIC 
                   TRUST.

       (a) CSRS.--Section 8332(o) of title 5, United States Code, 
     is amended--
       (1) in paragraph (1), in the first sentence--
       (A) by inserting ``as an employee or Member (irrespective 
     of when rendered) who is'' after ``service of an 
     individual''; and
       (B) by striking ``, except'' and all that follows through 
     ``rendered)'';
       (2) in paragraph (2)(A)--
       (A) in clause (i), by inserting ``an employee,'' before ``a 
     Member,'';
       (B) in clause (ii), by inserting ``an employee,'' before 
     ``a Member,''; and
       (C) in clause (iii)--
       (i) in subclause (I)(bb), by striking ``or'' at the end;
       (ii) in subclause (II)(bb), by striking the period at the 
     end and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(III) in the case of service as an employee, is committed 
     after the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2025.''; and

[[Page S5355]]

       (3) in paragraph (3), by inserting ``or an employee'' after 
     ``serving as a Member''.
       (b) FERS.--Section 8411(l) of title 5, United States Code, 
     is amended--
       (1) in paragraph (1), in the first sentence--
       (A) by inserting ``as an employee or Member (irrespective 
     of when rendered) who is'' after ``service of an 
     individual''; and
       (B) by striking ``, except'' and all that follows through 
     ``rendered)'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``an employee,'' 
     before ``a Member,'';
       (B) in subparagraph (B), by inserting ``an employee,'' 
     before ``a Member,''; and
       (C) in subparagraph (C)--
       (i) by striking ``offense is committed'' and inserting the 
     following: ``offense--
       ``(i) is committed'';
       (ii) by striking the period at the end and inserting ``; 
     or''; and
       (iii) by adding at the end the following:
       ``(ii) in the case of service as an employee, is committed 
     after the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2025.''; and
       (3) in paragraph (3), by inserting ``or an employee'' after 
     ``serving as a Member''.
                                 ______
                                 
  SA 3056. Mr. WHITEHOUSE (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND 
                   CORRUPTION.

       Section 101 of the National Security Act of 1947 (50 U.S.C. 
     3021) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) assess the national security implications of foreign 
     corruption and kleptocracy (including strategic corruption) 
     and coordinate, without assuming operational authority, the 
     United States Government efforts to counter foreign 
     corruption and kleptocracy.'';
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following:
       ``(h) Coordinator for Combating Foreign Kleptocracy and 
     Corruption.--
       ``(1) In general.--The President shall designate an officer 
     of the National Security Council to be responsible for--
       ``(A) the assessment of the national security implications 
     of foreign corruption and kleptocracy (including strategic 
     corruption); and
       ``(B) the coordination of the interagency process to 
     counter foreign corruption and kleptocracy.
       ``(2) Responsibilities.--In addition to the coordination 
     and assessment described in paragraph (1), the officer 
     designated pursuant to paragraph (1) shall be responsible for 
     the following:
       ``(A) Coordinating and deconflicting anti-corruption and 
     counter-kleptocracy initiatives across the Federal 
     Government, including those at the Department of State, the 
     Department of the Treasury, the Department of Justice, and 
     the United States Agency for International Development.
       ``(B) Informing deliberations of the Council by 
     highlighting the wide-ranging and destabilizing effects of 
     corruption on a variety of issues, including drug 
     trafficking, arms trafficking, sanctions evasion, cybercrime, 
     voting rights and global democracy initiatives, and other 
     matters of national security concern to the Council.
       ``(C) Updating, as appropriate, and coordinating the 
     implementation of the United States strategy on countering 
     corruption.
       ``(3) Coordination with coordinator for combating malign 
     foreign influence operations and campaigns.--The officer 
     designated under paragraph (1) of this subsection shall 
     coordinate with the employee designated under subsection 
     (g)(1).
       ``(4) Liaison.--The officer designated under paragraph (1) 
     shall serve as a liaison, for purposes of coordination 
     described in such paragraph and paragraph (2)(A), with the 
     following:
       ``(A) The Department of State.
       ``(B) The Department of the Treasury.
       ``(C) The Department of Justice.
       ``(D) The intelligence community.
       ``(E) The United States Agency for International 
     Development.
       ``(F) Any other Federal agency that the President considers 
     appropriate.
       ``(G) Good government transparency groups in civil society.
       ``(5) Congressional briefing.--
       ``(A) In general.--Not less frequently than once each year, 
     the officer designated pursuant to paragraph (1), or the 
     officer's designee, shall provide to the congressional 
     committees specified in subparagraph (B) a briefing on the 
     responsibilities and activities of the officer designated 
     under this subsection.
       ``(B) Committees specified.--The congressional committees 
     specified in this subparagraph are the following:
       ``(i) The Committee on Foreign Relations, the Select 
     Committee on Intelligence, the Committee on Banking, Housing, 
     and Urban Affairs, the Committee on the Judiciary, and the 
     Caucus on International Narcotics Control of the Senate.
       ``(ii) The Committee on Foreign Affairs, the Permanent 
     Select Committee on Intelligence, the Committee on Financial 
     Services, and the Committee on the Judiciary of the House of 
     Representatives.''.
                                 ______
                                 
  SA 3057. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

              Subtitle G--International Freedom Protection

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``International Freedom 
     Protection Act''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Relevant federal agencies.--The term ``relevant Federal 
     agencies'' means--
       (A) the Department of State; and
       (B) the United States Agency for International Development.
       (3) Transnational repression.--The term ``transnational 
     repression''--
       (A) means actions of a foreign government, or agents of a 
     foreign government, involving the transgression of national 
     borders through physical, digital, or analog means to 
     intimidate, silence, coerce, harass, or harm members of 
     diaspora populations, political opponents, civil society 
     activists, journalists, or members of ethnic or religious 
     minority groups to prevent their exercise of internationally 
     recognized human rights; and
       (B) may include--
       (i) extrajudicial killings;
       (ii) physical assaults and intimidation;
       (iii) arbitrary detentions;
       (iv) renditions;
       (v) deportations;
       (vi) unexplained or enforced disappearances;
       (vii) physical or online surveillance or stalking;
       (viii) unwarranted passport cancellation or control over 
     other identification documents;
       (ix) abuse of international law enforcement systems;
       (x) unlawful asset freezes;
       (xi) digital threats, such as cyberattacks, targeted 
     surveillance and spyware, online harassment, and 
     intimidation; and
       (xii) coercion by proxy, such as harassment of, or threats 
     or harm to, family and associates of private individuals who 
     remain in their country of origin.

     SEC. 1293. COMBATING TRANSNATIONAL REPRESSION ABROAD.

       (a) Statement of Policy on Transnational Repression.--It is 
     the policy of the United States--
       (1) to identify and address transnational repression, 
     including by protecting targeted individuals and groups, as a 
     direct threat to the United States national interests of 
     upholding and promoting democratic values and internationally 
     recognized human rights;
       (2) to address transnational repression, including by 
     protecting targeted individuals and groups;
       (3) to strengthen the capacity of United States embassy and 
     mission staff to counter transnational repression, including 
     by--
       (A) monitoring and documenting instances of transnational 
     repression;
       (B) conducting regular outreach with at-risk or affected 
     populations to provide information regarding available 
     resources without putting such people at further risk; and
       (C) working with local and national law enforcement, as 
     appropriate, to support victims of transnational repression;
       (4) to develop policy and programmatic responses based on 
     input from--
       (A) vulnerable populations who are at risk of, or are 
     experiencing, transnational repression;
       (B) nongovernmental organizations working to address 
     transnational repression; and
       (C) the private sector;
       (5) to provide training to relevant Federal personnel--
       (A) to enhance their understanding of transnational 
     repression; and
       (B) to identify and combat threats of transnational 
     repression;
       (6) to strengthen documentation and monitoring by the 
     United States Government of transnational repression by 
     foreign governments in the United States, in foreign 
     countries, and within international organizations; and

[[Page S5356]]

       (7) to seek to hold perpetrators of transnational 
     repression accountable.
       (b) Report on Transnational Repression.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 2 years thereafter for 
     the following 10 years, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall submit a classified report to the 
     appropriate congressional committees that assesses the 
     efforts of the United States Government to implement the 
     policy objectives described in subsection (a).
       (2) Elements.--The report required under paragraph (1) 
     shall include--
       (A) a detailed description and assessment of United States 
     Government efforts to monitor, prevent, and respond to 
     transnational repression abroad;
       (B) a detailed accounting of the most common tactics of 
     transnational repression;
       (C) instances of transnational repression occurring within 
     international organizations;
       (D) a description of--
       (i) efforts by personnel at United States embassies and 
     missions to support victims of or those at risk of 
     transnational repression; and
       (ii) resources provided to United States embassies and 
     missions to support such efforts; and
       (E) a strategy to strengthen interagency efforts and 
     coordination to combat transnational repression, which shall 
     include--
       (i) a plan, developed in consultation with partner 
     governments, civil society, the business community, and other 
     entities, to promote respect for rule of law and human rights 
     in surveillance technology use, which shall include--

       (I) protecting personal digital data from being used for 
     the purposes of transnational repression;
       (II) establishing safeguards to prevent the misuse of 
     surveillance technology, including elements such as 
     appropriate legal protections, a prohibition on 
     discrimination, oversight and accountability mechanisms, 
     transparency on the applicable legal framework, limiting 
     biometric tools for surveillance to what is lawful and 
     appropriate, testing and evaluation, and training; and
       (III) working to ensure, as applicable, that such 
     technologies are designed, developed, and deployed with 
     safeguards to protect human rights (including privacy), 
     consistent with the United Nations Guiding Principles on 
     Business and Human Rights;

       (ii) public diplomacy efforts and plans for, including the 
     use of the voice, vote, and influence of the United States at 
     international organizations, to promote awareness of and 
     oppose acts of transnational repression;
       (iii) a plan to develop or enhance global coalitions to 
     monitor cases of transnational repression at international 
     organizations and to strengthen alert mechanisms for key 
     stakeholders worldwide;
       (iv) a description, as appropriate, of how the United 
     States Government has previously provided, and will continue 
     to provide, support to civil society organizations in foreign 
     countries in which transnational repression occurs--

       (I) to improve the documentation, investigation, and 
     research of cases, trends, and tactics of transnational 
     repression; and
       (II) to promote accountability and transparency in 
     government actions impacting victims of transnational 
     repression; and

       (v) a description of new or existing emergency assistance 
     mechanisms, to aid at-risk groups, communities, and 
     individuals in countries abroad in which transnational 
     repression occurs.
       (3) Form of report.--The report required under paragraph 
     (1) shall be submitted in classified form, but may include an 
     unclassified annex.
       (c) Training of United States Personnel.--The Secretary of 
     State and the Administrator of the United States Agency for 
     International Development shall develop and provide training 
     to relevant personnel, including appropriate Foreign Service 
     nationals, of the Department of State and the United States 
     Agency for International Development, whether serving in the 
     United States or overseas, to advance the purposes of this 
     Act, including training on the identification of--
       (1) physical and nonphysical threats of transnational 
     repression;
       (2) foreign governments that are most frequently involved 
     in transnational repression;
       (3) foreign governments that are known to frequently 
     cooperate with other governments in committing transnational 
     repression;
       (4) digital surveillance and cyber tools commonly used in 
     transnational repression;
       (5) safe outreach methods for vulnerable populations at 
     risk of transnational repression; and
       (6) tools to respond to transnational repression threats, 
     including relevant authorities which may be invoked.
       (d) Training of Foreign Service Officers and Presidential 
     Appointees.--Section 708(a)(1) of the Foreign Service Act of 
     1980 (22 U.S.C. 4028(a)(1)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) for Foreign Service Officers and Presidential 
     appointees, including chiefs of mission and USAID Mission 
     Directors, in missions abroad who work on political, 
     economic, public diplomacy, security, or development issues, 
     a dedicated module of instruction on transnational repression 
     (as such term is defined in section 1292(3) of the 
     International Freedom Protection Act), including--
       ``(i) how to recognize threats of transnational repression;
       ``(ii) an overview of relevant laws that can be invoked to 
     combat such threats; and
       ``(iii) how to support individuals experiencing 
     transnational repression.''.

     SEC. 1294. STRENGTHENING TOOLS TO COMBAT AUTHORITARIANISM.

       (a) Transnational Repression.--The President should 
     consider the use of transnational repression by a foreign 
     person in determining whether to take appropriate action with 
     respect to such foreign person under--
       (1) the Global Magnitsky Human Rights Accountability Act 
     (22 U.S.C. 10101 et seq.); or
       (2) any other relevant statutory provision.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than 
     annually thereafter until 5 years after such date of 
     enactment, the Secretary of State shall submit a report to 
     the appropriate congressional committees that, except as 
     provided in paragraph (2), identifies each foreign person 
     about whom the President has taken action in regards to 
     paragraphs (1) and (2) of subsection (a) based on the 
     consideration of the use of transnational repression.
       (2) Exception.--The report required under paragraph (1) may 
     not identify individuals if such identification would 
     interfere with law enforcement efforts.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Anti-kleptocracy and Human Rights Ineligibility.--
       (1) Ineligibility.--
       (A) Significant corruption or human rights violations.--
     Except as provided in paragraphs (2) and (3), a foreign 
     government official shall be ineligible for entry into the 
     United States if the Secretary of State determines that such 
     official was directly or indirectly involved in--
       (i) significant corruption, including corruption related to 
     the extraction of natural resources; or
       (ii) a gross violation of internationally recognized human 
     rights (as defined in section 502B(d)(1) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2304(d)(1))), including the 
     wrongful detention of--

       (I) locally employed staff of a United States diplomatic 
     mission; or
       (II) a United States citizen or national.

       (B) Immediate family members.--The immediate family members 
     of an official described in subparagraph (A) shall be subject 
     to the same restriction on entry into the United States as 
     such official.
       (C) Designation or determination.--The Secretary of State 
     shall publicly or privately designate or make the 
     determination that the foreign government officials or party 
     members about whom the Secretary has made such designation or 
     determination regarding significant corruption or gross 
     violations of internationally recognized human rights, and 
     their immediate family members, without regard to whether any 
     such individual has applied for a visa.
       (2) Exceptions.--
       (A) In general.--Individuals are not ineligible for entry 
     into the United States pursuant to paragraph (1) if such 
     entry--
       (i) would further important United States law enforcement 
     objectives; or
       (ii) is necessary to permit the United States to fulfill 
     its obligations under the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States or under 
     other international obligations of the United States.
       (B) Savings provision.--Nothing in paragraph (1) may be 
     construed to derogate from United States Government 
     obligations under applicable international agreements or 
     obligations.
       (3) Waiver.--The Secretary of State may waive the 
     application of paragraph (1) with respect to any individual 
     if the Secretary determines that--
       (A) such waiver would serve a compelling national interest 
     of the United States; or
       (B) the circumstances that caused such individual to be 
     ineligible for entry into the United States have sufficiently 
     changed.
       (4) Semiannual report.--
       (A) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and every 180 days thereafter 
     until 5 years after such date of enactment, the Secretary of 
     State shall submit a report, including a classified annex if 
     necessary, to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives. Each such report shall include--
       (i) all relevant information relating to corruption or 
     gross violations of internationally recognized human rights 
     that was a factor in identifying, during the most recent 12-
     month period--

       (I) individuals who are ineligible for entry into the 
     United States under paragraph (1)(A); and

[[Page S5357]]

       (II) individuals about whom the Secretary has made a 
     designation or determination pursuant to paragraph (1)(D); 
     and
       (III) individuals who would be ineligible for entry into 
     the United States under paragraph (1)(A), but were excluded 
     from such restriction pursuant to paragraph (2);

       (ii) a list of any waivers granted by the Secretary 
     pursuant to paragraph (3); and
       (iii) a description of the justification for each such 
     waiver.
       (B) Posting of report.--The unclassified portion of each 
     report required under subparagraph (A) shall be posted on a 
     publicly accessible website of the Department of State.
       (5) Clarification.--For purposes of paragraphs (1) and (4), 
     the records of the Department of State and of diplomatic and 
     consular offices of the United States pertaining to the 
     issuance or refusal of visas or permits to enter the United 
     States shall not be considered confidential.
       (d) Restriction on Assistance in the Wake of a Coup 
     D'etat.--Chapter 1 of part III of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2751 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 620N. LIMITATION ON ASSISTANCE IN THE WAKE OF A COUP 
                   D'ETAT.

       ``(a) In General.--Except as provided under subsections (b) 
     and (d), no assistance may be provided under this Act or 
     under the Arms Export Control Act (22 U.S.C. 2751) to the 
     central government of any country in which the head of 
     government, as recognized by the United States, was deposed 
     by a military coup d'etat or decree or a coup d'etat or 
     decree in which the military played a decisive role.
       ``(b) Exemption for National Security.--
       ``(1) In general.--The Secretary of State, after 
     consultation with the heads of relevant Federal agencies, may 
     exempt assistance from the restriction described in 
     subsection (a), on a program by program basis for an annual 
     renewable period, if the Secretary determines that the 
     continuation of such assistance is in the national security 
     interest of the United States.
       ``(2) Justification.--The Secretary of State shall provide 
     a justification to the appropriate congressional committees 
     for each exemption granted pursuant to paragraph (1) not 
     later than 5 days after making such determination.
       ``(3) Updates.--The Secretary of State shall provide 
     periodic updates, not less frequently than every 90 days, 
     regarding the status of any assistance subject to the 
     exemption granted pursuant to paragraph (1).
       ``(c) Resumption of Assistance.--Assistance to a foreign 
     government that is subject to the restriction described in 
     subsection (a) may be resumed if the Secretary of State 
     certifies and reports to the appropriate congressional 
     committees, not fewer than 30 days before the resumption of 
     such assistance, that a democratically-elected government has 
     taken office subsequent to the termination of assistance 
     pursuant to subsection (a).
       ``(d) Exception for Democracy and Humanitarian 
     Assistance.--The restriction under subsection (a) shall not 
     apply to any assistance used--
       ``(1) to promote democratic elections or public 
     participation in the democratic processes;
       ``(2) to support a democratic transition; or
       ``(3) for humanitarian purposes.
       ``(e) Defined Term.--In this section, the term `appropriate 
     congressional committees' means--
       ``(1) the Committee on Foreign Relations of the Senate;
       ``(2) the Committee on Appropriations of the Senate;
       ``(3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       ``(4) the Committee on Appropriations of the House of 
     Representatives.''.

     SEC. 1295. AMENDMENT TO REWARDS FOR JUSTICE PROGRAM.

       Section 36(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2708(b)) is amended--
       (1) in paragraph (13), by striking ``or'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(15) the restraining, seizing, forfeiting, or 
     repatriating of stolen assets linked to foreign government 
     corruption and the proceeds of such corruption.''.

     SEC. 1296. INVESTING IN DEMOCRACY RESEARCH AND DEVELOPMENT.

       The Secretary of State, in coordination with the 
     Administrator of the United States Agency for International 
     Development, should establish, within the Bureau of 
     Democracy, Human Rights, and Labor, a program for democracy 
     research and development that--
       (1) supports research and development by the Department of 
     State, the United States Agency for International 
     Development, and the National Endowment for Democracy on 
     policies and programs relating to democracy efforts;
       (2) drives innovation within such agencies regarding the 
     response to complex, multidimensional challenges to 
     democracy;
       (3) identifies lessons learned and best practices for 
     democracy programs and diplomatic approaches to create 
     feedback loops and shape future evidence-based programming 
     and diplomacy;
       (4) encourages private sector actors to establish and 
     implement business practices that will--
       (A) strengthen democratic institutions; and
       (B) bolster democratic processes; and
       (5) strengthens the resilience of democratic actors and 
     institutions.

     SEC. 1297. ADDRESSING AUTHORITARIANS IN THE MULTILATERAL 
                   SYSTEM.

       It is the sense of Congress that the Secretary of State and 
     the United States Permanent Representative to the United 
     Nations should use the voice, vote, and influence of the 
     United States at the United Nations and with other 
     multilateral bodies--
       (1)(A) to promote the full participation of civil society 
     actors within the United Nations Human Rights Council and 
     other multilateral bodies;
       (B) to closely monitor instances of reprisals against such 
     actors; and
       (C) to support accountability measures, censure of member 
     states, and other diplomatic measures to hold responsible any 
     person who engages in reprisals against human rights 
     defenders and civil society within such multilateral bodies;
       (2) to reform the process for suspending the rights of 
     membership in the United Nations Human Rights Council for 
     member states that commit gross and systemic violations of 
     internationally recognized human rights, including--
       (A) ensuring information detailing the member state's human 
     rights record is publicly available before a vote for 
     membership or a vote on suspending the rights of membership 
     of such member state; and
       (B) making publicly available the vote of each member state 
     on the suspension of rights of membership from the United 
     Nations Human Rights Council;
       (3) to reform the rules for electing members to the United 
     Nations Human Rights Council to seek to ensure that member 
     states that have committed gross and systemic violations of 
     internationally recognized human rights are not elected to 
     the Human Rights Council; and
       (4) to oppose the election to the United Nations Human 
     Rights Council of any member state--
       (A) that engages in a consistent pattern of gross 
     violations of internationally recognized human rights, as 
     determined pursuant to section 116 or 502B of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151n and 2304);
       (B) the government of which has repeatedly provided support 
     for acts of international terrorism, as determined pursuant 
     to section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) that is designated as a Tier 3 country under section 
     110(b)(1)(C) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7107(b)(1)(C));
       (D) that is included on the list published by the Secretary 
     of State pursuant to section 404(b)(1) of the Child Soldiers 
     Prevention Act of 2008 (22 U.S.C. 2370c-1(b)(1)) as a 
     government that recruits and uses child soldiers; or
       (E) the government of which the United States determines to 
     have committed genocide, crimes against humanity, war crimes, 
     or ethnic cleansing.

     SEC. 1298. CONFRONTING DIGITAL AUTHORITARIANISM.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to combat digital authoritarianism, including the use 
     of digital technologies, that--
       (A) restricts the exercise of civil and political rights 
     (as defined in the International Covenant on Civil and 
     Political Rights, done at New York December 16, 1966);
       (B) weakens democratic processes and institutions, 
     including elections; or
       (C) surveils, censors, or represses human rights defenders, 
     democracy activists, civil society actors, independent media, 
     or political opponents;
       (2) to promote internet freedom; and
       (3) to support efforts to counter government censorship and 
     surveillance, including efforts--
       (A) to bypass internet shutdowns and other forms of 
     censorship, including blocks on services through 
     circumvention technologies; and
       (B) to provide digital security support and training for 
     democracy activists, journalists, and other at-risk groups.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall submit a report to the appropriate 
     congressional committees that describes the efforts to 
     implement the policy objectives described in subsection (a).

     SEC. 1299. PROTECTING POLITICAL PRISONERS.

       (a) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives that includes, with respect to unjustly 
     detained political prisoners worldwide--
       (1) a description of existing Department of State processes 
     and efforts to carry out the political prisoner-related 
     activities described in subsection (b);
       (2) an assessment of any resource gaps or institutional 
     deficiencies that adversely impact the Department of State's 
     ability to engage in the activities described in subsection 
     (b) in order to respond to increasing numbers of unjustly 
     detained political prisoners; and
       (3) a strategy for enhancing the efforts of the Department 
     of State and other Federal

[[Page S5358]]

     agencies to carry out the political prisoner-related 
     activities described in subsection (b).
       (b) Political Prisoner-related Activities.--The report 
     required under subsection (a) shall include a description of 
     the Department of State's efforts--
       (1) to monitor regional and global trends concerning 
     unjustly detained political prisoners and maintain 
     information regarding individual cases;
       (2) to consistently raise concerns regarding unjustly 
     detained political prisoners, including specific individuals, 
     through public and private engagement with foreign 
     governments, public reporting, and multilateral engagement;
       (3) to routinely--
       (A) attend the trials of political prisoners;
       (B) conduct wellness visits of political prisoners, to the 
     extent practicable and pending approval from political 
     prisoners or their legal counsel;
       (C) visit political prisoners incarcerated under home 
     arrest, subject to a travel ban, or confined in detention; 
     and
       (D) report on the well-being of such political prisoners;
       (4) to regularly request information and specific actions 
     related to individual prisoners' medical conditions, 
     treatment, access to legal counsel, location, and family 
     visits;
       (5) to identify cases in which an imminent arrest, a 
     potential re-arrest, or physical violence poses a risk to an 
     at-risk individual;
       (6) to utilize embassy resources to provide shelter or 
     facilitate the safe evacuation of willing individuals and 
     their families, whenever feasible; and
       (7) to use accountability mechanisms to encourage the 
     release of unjustly detained political prisoners.
                                 ______
                                 
  SA 3058. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

       Subtitle G--International Trafficking Victims Protection 
                      Reauthorization Act of 2024

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``International 
     Trafficking Victims Protection Reauthorization Act of 2024''.

               PART I--COMBATING HUMAN TRAFFICKING ABROAD

     SEC. 1292. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES 
                   AGENCY FOR INTERNATIONAL DEVELOPMENT.

       (a) In General.--In order to strengthen prevention efforts 
     by the United States abroad, the Administrator of the United 
     States Agency for International Development (referred to in 
     this section as the ``Administrator'') shall, to the extent 
     practicable and appropriate--
       (1) encourage the integration of activities to counter 
     trafficking in persons (referred to in this section as ``C-
     TIP'') into broader assistance programming;
       (2) determine a reasonable definition for the term ``C-TIP 
     Integrated Development Programs,'' which shall include any 
     programming to address health, food security, economic 
     development, education, democracy and governance, and 
     humanitarian assistance that includes a sufficient C-TIP 
     element; and
       (3) ensure that each mission of the United States Agency 
     for International Development (referred to in this section as 
     ``USAID'')--
       (A) integrates a C-TIP component into development programs, 
     project design, and methods for program monitoring and 
     evaluation, as necessary and appropriate, when addressing 
     issues, including--
       (i) health;
       (ii) food security;
       (iii) economic development;
       (iv) education;
       (v) democracy and governance; and
       (vi) humanitarian assistance;
       (B) continuously adapts, strengthens, and implements 
     training and tools related to the integration of a C-TIP 
     perspective into the work of development actors; and
       (C) encourages USAID Country Development Cooperation 
     Strategies to include C-TIP components in project design, 
     implementation, monitoring, and evaluation, as necessary and 
     appropriate.
       (b) Reports and Briefings Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of an Act making appropriations for the 
     Department of State, Foreign Operations, and Related Programs 
     through fiscal year 2027, the Secretary of State, in 
     consultation with the Administrator, shall submit to the 
     appropriate congressional committees a report on obligations 
     and expenditures of all funds managed by the Department of 
     State and USAID in the prior fiscal year to combat human 
     trafficking and forced labor, including integrated C-TIP 
     activities.
       (2) Contents.--The report required by paragraph (1) shall 
     include--
       (A) a description of funding aggregated by program, 
     project, and activity; and
       (B) a description of the management structure at the 
     Department of State and USAID used to manage such programs.
       (3) Biennial briefing.--Not later than 6 months of after 
     the date of the enactment of this Act, and every 2 years 
     thereafter through fiscal year 2027, the Secretary of State, 
     in consultation with the Administrator, shall brief the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     on the implementation of subsection (a).
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 1293. COUNTER-TRAFFICKING IN PERSONS EFFORTS IN 
                   DEVELOPMENT COOPERATION AND ASSISTANCE POLICY.

       The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
     is amended--
       (1) in section 102(b)(4)(22 U.S.C. 2151-1(b)(4))--
       (A) in subparagraph (F), by striking ``and'' at the end;
       (B) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(H) effective counter-trafficking in persons policies and 
     programs.''; and
       (2) in section 492(d)(1)(22 U.S.C. 2292a(d)(1))--
       (A) by striking ``that the funds'' and inserting the 
     following: ``that--
       ``(A) the funds'';
       (B) in subparagraph (A), as added by subparagraph (A) of 
     this paragraph, by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) in carrying out the provisions of this chapter, the 
     President shall, to the greatest extent possible--
       ``(i) ensure that assistance made available under this 
     section does not create or contribute to conditions that can 
     be reasonably expected to result in an increase in 
     trafficking in persons who are in conditions of heightened 
     vulnerability as a result of natural and manmade disasters; 
     and
       ``(ii) integrate appropriate protections into the planning 
     and execution of activities authorized under this chapter.''.

     SEC. 1294. TECHNICAL AMENDMENTS TO TIER RANKINGS.

       (a) Modifications to Tier 2 Watch List.--Section 110(b)(2) 
     of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7107(b)(2)), is amended--
       (1) in the paragraph heading, by striking ``Special'' and 
     inserting ``Tier 2''; and
       (2) in subparagraph (A)--
       (A) by striking ``of the following countries'' and all that 
     follows through ``annual report, where--''and inserting ``of 
     countries that have been listed pursuant to paragraph (1)(B) 
     pursuant to the current annual report, in which--''; and
       (B) by redesignating subclauses (I) and (II) as clauses (i) 
     and (ii), respectively, and moving such clauses (as so 
     redesignated) 2 ems to the left.
       (b) Modification to Special Rule for Downgraded and 
     Reinstated Countries.--Section 110(b)(2)(F) of such Act (22 
     U.S.C. 7107(b)(2)(F)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``special watch list described in subparagraph (A)(iii) for 
     more than 1 consecutive year after the country'' and 
     inserting ``Tier 2 watch list described in subparagraph (A) 
     for more than one year immediately after the country 
     consecutively'';
       (2) in clause (i), in the matter preceding subclause (I), 
     by striking ``special watch list described in subparagraph 
     (A)(iii)'' and inserting ``Tier 2 watch list described in 
     subparagraph (A)''; and
       (3) in clause (ii), by inserting ``in the year following 
     such waiver under subparagraph (D)(ii)'' after ``paragraph 
     (1)(C)''.
       (c) Conforming Amendments.--
       (1) Trafficking victims protection act of 2000.--Section 
     110(b) of the Trafficking Victims Protection Act of 2000 (22 
     U.S.C. 7107(b)), as amended by subsections (a) and (b), is 
     further amended--
       (A) in paragraph (2)--
       (i) in subparagraph (B), by striking ``special watch list'' 
     and inserting ``Tier 2 watch list'';
       (ii) in subparagraph (C)--

       (I) in the subparagraph heading, by striking ``special 
     watch list'' and inserting ``Tier 2 watch list''; and
       (II) by striking ``special watch list'' and inserting 
     ``Tier 2 watch list''; and

       (iii) in subparagraph (D)--

       (I) in the subparagraph heading, by striking ``special 
     watch list'' and inserting ``Tier 2 watch list''; and
       (II) in clause (i), by striking ``special watch list'' and 
     inserting ``Tier 2 watch list'';

       (B) in paragraph (3)(B), in the matter preceding clause 
     (i), by striking ``clauses (i), (ii), and (iii) of''; and
       (C) in paragraph (4)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``each country described in paragraph 
     (2)(A)(ii)'' and inserting ``each country described in 
     paragraph (2)(A)''; and
       (ii) in subparagraph (D)(ii), by striking ``the Special 
     Watch List'' and inserting ``the Tier 2 watch list''.
       (2) Frederick douglass trafficking victims prevention and 
     protection reauthorization act of 2018.--Section 204(b)(1) of 
     the

[[Page S5359]]

     Frederick Douglass Trafficking Victims Prevention and 
     Protection Reauthorization Act of 2018 (Public Law 115-425) 
     is amended by striking ``special watch list'' and inserting 
     ``Tier 2 watch list''.

     SEC. 1295. MODIFICATIONS TO THE PROGRAM TO END MODERN 
                   SLAVERY.

       (a) In General.--Section 1298 of the National Defense 
     Authorization Act for Fiscal Year 2017 (22 U.S.C. 7114) is 
     amended--
       (1) in subsection (a)(1), by striking ``Not later than 90 
     days after the date of the enactment of this Act'' and 
     inserting ``Not later than 90 days after the date of the 
     enactment of the International Trafficking Victims Protection 
     Reauthorization Act of 2024'';
       (2) in subsection (g)--
       (A) by striking ``Appropriations'' in the heading and all 
     that follows through ``There is authorized'' and inserting 
     ``Appropriations .--There is authorized''; and
       (B) by striking paragraph (2); and
       (3) in subsection (h)(1), by striking ``Not later than 
     September 30, 2018, and September 30, 2020'' and inserting 
     ``Not later than September 30, 2024, and September 30, 
     2028''.
       (b) Award of Funds.--All grants issued under the Program to 
     End Modern Slavery of the Office to Monitor and Combat 
     Trafficking in Persons shall be--
       (1) awarded on a competitive basis; and
       (2) subject to the regular congressional notification 
     procedures applicable with respect to grants made available 
     under section 1298(b) of the National Defense Authorization 
     Act of 2017 (22 U.S.C. 7114(b)).

     SEC. 1296. CLARIFICATION OF NONHUMANITARIAN, NONTRADE-RELATED 
                   FOREIGN ASSISTANCE.

       (a) Clarification of Scope of Withheld Assistance.--Section 
     110(d)(1) of the Trafficking Victims Protection Act of 2000 
     (22 U.S.C. 7107(d)(1)) is amended to read as follows:
       ``(1) Withholding of assistance.--The President has 
     determined that--
       ``(A) the United States will not provide nonhumanitarian, 
     nontrade-related foreign assistance to the central government 
     of the country or funding to facilitate the participation by 
     officials or employees of such central government in 
     educational and cultural exchange programs, for the 
     subsequent fiscal year until such government complies with 
     the minimum standards or makes significant efforts to bring 
     itself into compliance; and
       ``(B) the President will instruct the United States 
     Executive Director of each multilateral development bank and 
     of the International Monetary Fund to vote against, and to 
     use the Executive Director's best efforts to deny, any loan 
     or other utilization of the funds of the respective 
     institution to that country (other than for humanitarian 
     assistance, for trade-related assistance, or for development 
     assistance that directly addresses basic human needs, is not 
     administered by the central government of the sanctioned 
     country, and is not provided for the benefit of that 
     government) for the subsequent fiscal year until such 
     government complies with the minimum standards or makes 
     significant efforts to bring itself into compliance.''.
       (b) Definition of Non-Humanitarian, Nontrade Related 
     Assistance.--Section 103(10) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102(10)) is amended to 
     read as follows:
       ``(10) Nonhumanitarian, nontrade-related foreign 
     assistance.--
       ``(A) In general.--The term `nonhumanitarian, nontrade-
     related foreign assistance' means--
       ``(i) United States foreign assistance, other than--

       ``(I) with respect to the Foreign Assistance Act of 1961--

       ``(aa) assistance for international narcotics and law 
     enforcement under chapter 8 of part I of such Act (22 U.S.C. 
     2291 et seq.);
       ``(bb) assistance for International Disaster Assistance 
     under subsections (b) and (c) of section 491 of such Act (22 
     U.S.C. 2292);
       ``(cc) antiterrorism assistance under chapter 8 of part II 
     of such Act (22 U.S.C. 2349aa et seq.); and
       ``(dd) health programs under chapters 1 and 10 of part I 
     and chapter 4 of part II of such Act (22 U.S.C. 2151 et 
     seq.);

       ``(II) assistance under the Food for Peace Act (7 U.S.C. 
     1691 et seq.);
       ``(III) assistance under sections 2(a), (b), and (c) of the 
     Migration and Refugee Assistance Act of 1962 (22 U.S.C. 
     2601(a), (b), (c)) to meet refugee and migration needs;
       ``(IV) any form of United States foreign assistance 
     provided through nongovernmental organizations, international 
     organizations, or private sector partners--

       ``(aa) to combat human and wildlife trafficking;
       ``(bb) to promote food security;
       ``(cc) to respond to emergencies;
       ``(dd) to provide humanitarian assistance;
       ``(ee) to address basic human needs, including for 
     education;
       ``(ff) to advance global health security; or
       ``(gg) to promote trade; and

       ``(V) any other form of United States foreign assistance 
     that the President determines, by not later than October 1 of 
     each fiscal year, is necessary to advance the security, 
     economic, humanitarian, or global health interests of the 
     United States without compromising the steadfast U.S. 
     commitment to combatting human trafficking globally; or

       ``(ii) sales, or financing on any terms, under the Arms 
     Export Control Act (22 U.S.C. 2751 et seq.), other than sales 
     or financing provided for narcotics-related purposes 
     following notification in accordance with the prior 
     notification procedures applicable to reprogrammings pursuant 
     to section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1).
       ``(B) Exclusions.--The term `nonhumanitarian, nontrade-
     related foreign assistance' shall not include payments to or 
     the participation of government entities necessary or 
     incidental to the implementation of a program that is 
     otherwise consistent with section 110.''.

     SEC. 1297. PREVENTING HUMAN TRAFFICKING BY FOREIGN MISSION 
                   OFFICIALS AND INTERNATIONAL ORGANIZATION 
                   PERSONNEL.

       Section 203(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1375c(b)) is amended by inserting after paragraph (4) the 
     following:
       ``(5) National expansion of in-person registration 
     program.--The Secretary shall administer the Domestic Worker 
     In-Person Registration Program for employees with A-3 visas 
     or G-5 visas employed by accredited foreign mission members 
     or international organization employees and shall expand this 
     program nationally, which shall include--
       ``(A) after the arrival of each such employee in the United 
     States, and annually during the course of such employee's 
     employment, a description of the rights of such employee 
     under applicable Federal and State law; and
       ``(B) provision of a copy of the pamphlet developed 
     pursuant to section 202 to the employee with an A-3 visa or a 
     G-5 visa; and
       ``(C) information on how to contact the National Human 
     Trafficking Hotline.
       ``(6) Monitoring and training of a-3 and g-5 visa employers 
     accredited to foreign missions and international 
     organizations.--The Secretary shall--
       ``(A) inform embassies, international organizations, and 
     foreign missions of the rights of A-3 and G-5 domestic 
     workers under the applicable labor laws of the United States, 
     including the fair labor standards described in the pamphlet 
     developed pursuant to section 202. Information provided to 
     foreign missions, embassies, and international organizations 
     should include material on labor standards and labor rights 
     of domestic worker employees who hold A-3 and G-5 visas;
       ``(B) inform embassies, international organizations, and 
     foreign missions of the potential consequences to individuals 
     holding a nonimmigrant visa issued pursuant to subparagraph 
     (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)) who violate the laws described in subclause 
     (I)(aa), including (at the discretion of the Secretary)--
       ``(i) the suspension of A-3 visas and G-5 visas;
       ``(ii) request for waiver of immunity;
       ``(iii) criminal prosecution;
       ``(iv) civil damages; and
       ``(v) permanent revocation of or refusal to renew the visa 
     of the accredited foreign mission or international 
     organization employee; and
       ``(C) require all accredited foreign mission and 
     international organization employers of individuals holding 
     A-3 visas or G-5 visas to report the wages paid to such 
     employees on an annual basis.''.

     SEC. 1298. EFFECTIVE DATES.

       Sections 1294(b) and 1296 and the amendments made by those 
     sections take effect on the date that is the first day of the 
     first full reporting period for the report required by 
     section 110(b)(1) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7107(b)(1)) after the date of the 
     enactment of this Act.

                PART II--AUTHORIZATION OF APPROPRIATIONS

     SEC. 1299. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF 
                   TRAFFICKING AND VIOLENCE PROTECTION ACT OF 
                   2000.

       Section 113 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7110) is amended--
       (1) in subsection (a), by striking ``2018 through 2021, 
     $13,822,000'' and inserting ``2024 through 2028, 
     $17,000,000''; and
       (2) in subsection (c)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``2018 through 2021, $65,000,000'' and inserting ``2024 
     through 2028, $102,500,000, of which $22,000,000 shall be 
     made available each fiscal year to the United States Agency 
     for International Development and the remainder of'';
       (B) in subparagraph (C), by striking ``; and'' at the end 
     and inserting a semicolon;
       (C) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(E) to fund programs to end modern slavery, in an amount 
     not to exceed $37,500,000 for each of the fiscal years 2024 
     through 2028.''.

     SEC. 1299A. EXTENSION OF AUTHORIZATIONS UNDER THE 
                   INTERNATIONAL MEGAN'S LAW.

       Section 11 of the International Megan's Law to Prevent 
     Child Exploitation and Other Sexual Crimes Through Advanced 
     Notification of Traveling Sex Offenders (34 U.S.C. 21509) is 
     amended by striking ``2018 through 2021'' and inserting 
     ``2024 through 2028''.

                          PART III--BRIEFINGS

     SEC. 1299B. BRIEFING ON ANNUAL TRAFFICKING IN PERSON'S 
                   REPORT.

       Not later than 30 days after the public designation of 
     country tier rankings and subsequent publishing of the 
     Trafficking in Persons Report, the Secretary of State shall

[[Page S5360]]

     brief the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives on--
       (1) countries that were downgraded or upgraded in the most 
     recent Trafficking in Persons Report; and
       (2) the efforts made by the United States to improve 
     counter-trafficking efforts in those countries, including 
     foreign government efforts to better meet minimum standards 
     to eliminate human trafficking.

     SEC. 1299C. BRIEFING ON USE AND JUSTIFICATION OF WAIVERS.

       Not later than 30 days after the President has determined 
     to issue a waiver under section 110(d)(5) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7107(d)(5)), the 
     Secretary of State shall brief the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives on--
        (a) each country that received a waiver;
       (b) the justification for each such waiver; and
       (c) a description of the efforts made by each country to 
     meet the minimum standards to eliminate human trafficking.

    PART IV--INTERNATIONAL CHILDREN WITH DISABILITIES PROTECTION ACT

     SEC. 1299D. FINDINGS.

       Congress makes the following findings:
       (1) According to the United Nations Children's Fund 
     (UNICEF), there are approximately 240,000,000 children and 
     youth with disabilities in the world, including approximately 
     53,000,000 children under the age of 5.
       (2) Millions of children, particularly children with 
     intellectual and other developmental disabilities, are placed 
     in large or small residential institutions and most of those 
     children are left to grow up without love, support, and 
     guidance of a family.
       (3) The vast majority of children placed in residential 
     institutions have at least one living parent or have extended 
     family, many of whom would keep their children at home, if 
     they had the support and legal protections necessary to do 
     so.
       (4) Leading child protection organizations have documented 
     that children and adolescents raised without families in 
     residential institutions face high risk of violence, 
     trafficking for forced labor or sex, forced abortion or 
     sterilization, and criminal detention.
       (5) According to the Department of State, persons with 
     disabilities face a heightened risk of human trafficking, 
     including children in residential institutions, who may be 
     targeted by traffickers seeking to coerce them to leave or 
     find ways to exploit them.
       (6) According to the Department of State, residential 
     institutions have been complicit or directly involved in 
     human trafficking, even extending to the practice of 
     recruiting children for residential institutions for such 
     purposes.
       (7) Children with disabilities placed in residential 
     institutions remain vulnerable to human trafficking even 
     after leaving, in part due to the physical and psychological 
     damage such children have suffered, social isolation, and 
     inadequate schooling, and traffickers target individuals who 
     leave or age out of institutions.

     SEC. 1299E. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) stigma and discrimination against children with 
     disabilities, particularly intellectual and other 
     developmental disabilities, and lack of support for community 
     inclusion have left people with disabilities and their 
     families economically and socially marginalized;
       (2) organizations of persons with disabilities and family 
     members of persons with disabilities are often too small to 
     apply for or obtain funds from domestic or international 
     sources or ineligible to receive funds from such sources;
       (3) as a result of the factors described in paragraphs (1) 
     and (2), key stakeholders have often been left out of public 
     policymaking on matters that affect children with 
     disabilities; and
       (4) financial support, technical assistance, and active 
     engagement of persons with disabilities and their families is 
     needed to ensure the development of effective policies that 
     protect families, ensure the full inclusion in society of 
     children with disabilities, and promote the ability of 
     persons with disabilities to live in the community with 
     choices equal to others.

     SEC. 1299F. DEFINITIONS.

       In this part:
       (1) Department.--The term ``Department'' means the 
     Department of State.
       (2) Eligible implementing partner.--The term ``eligible 
     implementing partner'' means a nongovernmental organization 
     or other civil society organization that--
       (A) has the capacity to administer grants directly or 
     through subgrants that can be effectively used by local 
     organizations of persons with disabilities; and
       (B) has international expertise in the rights of persons 
     with disabilities, including children with disabilities and 
     their families.
       (3) Organization of persons with disabilities.--The term 
     ``organization of persons with disabilities'' means a 
     nongovernmental civil society organization run by and for 
     persons with disabilities and families of children with 
     disabilities.

     SEC. 1299G. STATEMENT OF POLICY.

       It is the policy of the United States to--
       (1) assist partner countries in developing policies and 
     programs that recognize, support, and protect the civil and 
     political rights of and enjoyment of fundamental freedoms by 
     persons with disabilities, including children, such that the 
     latter may grow and thrive in supportive family environments 
     and make the transition to independent living as adults, and 
     to counter human trafficking of children with disabilities 
     within residential institutions;
       (2) promote the development of advocacy and leadership 
     skills among persons with disabilities and their families in 
     a manner that enables effective civic engagement, including 
     at the local, national, and regional levels, and promote 
     policy reforms and programs that support full economic and 
     civic inclusion of persons with disabilities and their 
     families;
       (3) promote the development of laws and policies that--
       (A) strengthen families and protect against the unnecessary 
     institutionalization of children with disabilities; and
       (B) create opportunities for children and youth with 
     disabilities to access the resources and support needed to 
     achieve their full potential to live independently in the 
     community with choices equal to others;
       (4) promote the participation of persons with disabilities 
     and their families in advocacy efforts and legal frameworks 
     to recognize, support, and protect the civil and political 
     rights of and enjoyment of fundamental freedoms by persons 
     with disabilities; and
       (5) promote the sustainable action needed to bring about 
     changes in law, policy, and programs to ensure full family 
     inclusion of children with disabilities and the transition of 
     children with disabilities to independent living as adults.

     SEC. 1299H. INTERNATIONAL CHILDREN WITH DISABILITIES 
                   PROTECTION PROGRAM AND CAPACITY BUILDING.

       (a) International Children With Disabilities Protection 
     Program.--
       (1) In general.--There is authorized to be established 
     within the Department of State a program to be known as the 
     ``International Children with Disabilities Protection 
     Program'' (in this section referred to as the ``Program'') to 
     carry out the policy described in section 1299G.
       (2) Criteria.--In carrying out the Program under this 
     section, the Secretary of State, in consultation with leading 
     civil society groups with expertise in the protection of 
     civil and political rights of and enjoyment of fundamental 
     freedoms by persons with disabilities, may establish criteria 
     for priority activities under the Program in selected 
     countries.
       (3) Disability inclusion grants.--The Secretary of State 
     may award grants to eligible implementing partners to 
     administer grant amounts directly or through subgrants.
       (4) Subgrants.--An eligible implementing partner that 
     receives a grant under paragraph (3) should provide subgrants 
     and, in doing so, shall prioritize local organizations of 
     persons with disabilities working within a focus country or 
     region to advance the policy described in section 1299G.
       (b) Authorization of Appropriations.--
       (1) In general.--Of funds made available in fiscal years 
     2025 through 2030 to carry out the purposes of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are 
     authorized to be appropriated to carry out this part amounts 
     as follows:
       (A) $2,000,000 for fiscal year 2025.
       (B) $5,000,000 for each of fiscal years 2026 through 2030.
       (2) Capacity-building and technical assistance programs.--
     Of the amounts authorized to be appropriated by paragraph 
     (1), not less than $1,000,000 for each of fiscal years 2025 
     through 2030 should be available for capacity-building and 
     technical assistance programs to--
       (A) develop the leadership skills of persons with 
     disabilities, legislators, policymakers, and service 
     providers in the planning and implementation of programs to 
     advance the policy described in section 1299G;
       (B) increase awareness of successful models of the 
     promotion of civil and political rights and fundamental 
     freedoms, family support, and economic and civic inclusion 
     among organizations of persons with disabilities and allied 
     civil society advocates, attorneys, and professionals to 
     advance the policy described in section 1299G; and
       (C) create online programs to train policymakers, 
     advocates, and other individuals on successful models to 
     advance reforms, services, and protection measures that 
     enable children with disabilities to live within supportive 
     family environments and become full participants in society, 
     which--
       (i) are available globally;
       (ii) offer low-cost or no-cost training accessible to 
     persons with disabilities, family members of such persons, 
     and other individuals with potential to offer future 
     leadership in the advancement of the goals of family 
     inclusion, transition to independent living as adults, and 
     protection measures for children with disabilities; and
       (iii) should be targeted to government policymakers, 
     advocates, and other potential allies and supporters among 
     civil society groups.

     SEC. 1299I. ANNUAL REPORT ON IMPLEMENTATION.

       (a) Annual Report Required.--
       (1) In general.--Not less frequently than annually through 
     fiscal year 2030, the Secretary of State shall submit to the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Foreign 
     Affairs and the Committee on Appropriations of the House of 
     Representatives a report on--

[[Page S5361]]

       (A) the programs and activities carried out to advance the 
     policy described in section 1299G; and
       (B) any broader work of the Department in advancing that 
     policy.
       (2) Elements.--Each report required by paragraph (1) shall 
     include, with respect to each program carried out under 
     section 1299H--
       (A) the rationale for the country and program selection;
       (B) the goals and objectives of the program, and the kinds 
     of participants in the activities and programs supported;
       (C) a description of the types of technical assistance and 
     capacity building provided; and
       (D) an identification of any gaps in funding or support 
     needed to ensure full participation of organizations of 
     persons with disabilities or inclusion of children with 
     disabilities in the program.
       (3) Consultation.--In preparing each report required by 
     paragraph (1), the Secretary of State shall consult with 
     organizations of persons with disabilities.

     SEC. 1299J. PROMOTING INTERNATIONAL PROTECTION AND ADVOCACY 
                   FOR CHILDREN WITH DISABILITIES.

       (a) Sense of Congress on Programming and Programs.--It is 
     the sense of Congress that--
       (1) all programming of the Department and the United States 
     Agency for International Development related to health 
     systems; countering human trafficking, strengthening, primary 
     and secondary education, and the protection of civil and 
     political rights of persons with disabilities should seek to 
     be consistent with the policy described in section 1299G; and
       (2) programs of the Department and the United States Agency 
     for International Development related to children, global 
     health, countering human trafficking, and education--
       (A) should--
       (i) engage organizations of persons with disabilities in 
     policymaking and program implementation; and
       (ii) support full inclusion of children with disabilities 
     in families; and
       (B) should aim to avoid support for residential 
     institutions for children with disabilities except in 
     situations of conflict or emergency in a manner that protects 
     family connections as described in subsection (b).
       (b) Sense of Congress on Conflict and Emergencies.--It is 
     the sense of Congress that--
       (1) programs of the Department and the United States Agency 
     for International Development serving children in situations 
     of conflict or emergency, among displaced or refugee 
     populations, or in natural disasters should seek to ensure 
     that children with and without disabilities can maintain 
     family ties; and
       (2) in situations of emergency, if children are separated 
     from parents or have no family, every effort should be made 
     to ensure that children are placed with extended family, in 
     kinship care, or in an adoptive or foster family.
                                 ______
                                 
  SA 3059. 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)(aa) 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;
       ``(bb) 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; and
       ``(cc) have an approved labor certification under section 
     212(a)(5)(A)(i); or
       ``(II) are the spouses and children of aliens described in 
     subclause (I) 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 3060. Mr. SULLIVAN submitted an amendment intended to be proposed 
by him to the bill S. 2073, to amend title 31, United States Code, to 
require

[[Page S5362]]

agencies to include a list of outdated or duplicative reporting 
requirements in annual budget justifications, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DIGITAL ADVERTISING PLATFORMS PUBLIC SERVICE 
                   ADVERTISING REPORTING.

       (a) In General.--A covered digital advertising platform 
     shall submit to the Commission an annual report that includes 
     the following:
       (1) The number and percentage of total advertisements on 
     the platform during the previous 12-month period that were 
     public service advertisements.
       (2) The estimated dollar value of such public service 
     advertisements.
       (3) The number of such public service advertisements that 
     focus on local or regional mental, behavioral, and physical 
     health resources.
       (4) The number of such public service advertisements that 
     promote free mental, behavioral, or physical health care 
     resources.
       (5) A description of how such advertisements meet the 
     definition of a public service advertisement as described in 
     subsection (c)(3).
       (b) Report to Congress.--Not later than 180 days after 
     receiving the reports required under subsection (a), and 
     annually thereafter, the 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 publicly available report summarizing 
     the information reported under such subsection.
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Public service advertisement.--The term ``public 
     service advertisement'' means an advertisement that--
       (A) a covered digital advertising platform displays for 
     free and without receiving any payment or other consideration 
     in exchange;
       (B) promotes mental, behavioral, or physical health care 
     resources, and may include advertisements that--
       (i) raise awareness of community events to address social 
     isolation; or
       (ii) promote State, local, or regional mental health care 
     resources that are approved by the Substance Abuse and Mental 
     Health Services Administration that mitigate--

       (I) self-harm, suicide, eating disorders, substance abuse, 
     and other matters that pose a risk to physical and mental 
     health;
       (II) patterns of addiction-like behaviors; or
       (III) social isolation; and

       (C) is relevant and accessible to targeted audiences.
       (3) Covered digital advertising platform.--The term 
     ``covered digital advertising platform'' means a social media 
     platform, search engine, or other public-facing website, 
     online service, or application that--
       (A) sells digital advertising space; and
       (B) has more than 100,000,000 unique monthly users.
       (d) Relationship to Other Laws.--Nothing in this section 
     shall be construed to supersede any applicable privacy or 
     data security laws.
                                 ______
                                 
  SA 3061. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VIII, add the following:

     SEC. 865. SMALL BUSINESS SUBCONTRACTING IMPROVEMENTS.

       (a) Short Title.--This section may be cited as the ``Small 
     Business Subcontractor Utilization Act of 2024''.
       (b) Requirements To Ensure Subcontractors Are Utilized in 
     Accordance With the Subcontracting Plan.--
       (1) In general.--Section 8(d) of the Small Business Act (15 
     U.S.C. 637(d)) is amended--
       (A) in paragraph (3)--
       (i) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (D) through (I), respectively;
       (ii) by inserting after subparagraph (B) the following:
       ``(C) If a subcontracting plan is required with respect to 
     this contract under paragraph (4) or (5) of section 8(d) of 
     the Small Business Act--
       ``(i) at the same time as the contractor submits the 
     subcontracting report with respect to this contract, the 
     contractor shall provide to the contracting officer a 
     utilization report that identifies, for each covered small 
     business subcontractor for this contract--
       ``(I) the service or product that the covered small 
     business subcontractor is required to provide to the prime 
     contractor;
       ``(II) the total contract dollars that are to be paid to 
     the covered small business subcontractor;
       ``(III) the total contract dollars that have been paid to 
     the covered small business subcontractor, to date;
       ``(IV) the estimated date range for the performance of the 
     covered small business subcontractor on the contract; and
       ``(V) any change to the contract, including changes to the 
     services and products required or total contract dollars, 
     that impacts the ability of the prime contractor to utilize 
     the covered small business subcontractor as anticipated 
     during the bid and proposal process; and
       ``(ii) not later than 30 days after the deadline to submit 
     to the contracting officer the subcontracting report with 
     respect to this contract, the contractor shall provide to 
     each covered small business subcontractor for this contract a 
     utilization report that identifies, for that covered small 
     business subcontractor--
       ``(I) the service or product that the covered small 
     business subcontractor is required to provide to the prime 
     contractor;
       ``(II) the total contract dollars that are to be paid to 
     the covered small business subcontractor;
       ``(III) the total contract dollars that have been paid to 
     the covered small business subcontractor, to date;
       ``(IV) the estimated date range for the performance of the 
     covered small business subcontractor on the contract; and
       ``(V) any change to the contract, including changes to the 
     services and products required or total contract dollars, 
     that impacts the ability of the prime contractor to utilize 
     the covered small business subcontractor as anticipated 
     during the bid and proposal process.''; and
       (iii) by adding at the end the following:
       ``(J) In this contract, the term `covered small business 
     subcontractor' means a first-tier subcontractor that--
       ``(i) is a small business concern; and
       ``(ii)(I) was used in preparing the bid or proposal of the 
     prime contractor; or
       ``(II) provides goods or services to the prime contractor 
     in performance of the contract.''; and
       (B) by adding at the end the following:
       ``(18) Noncompliance with subcontracting plan.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered small business subcontractor' means 
     a first-tier subcontractor that--

       ``(I) is a small business concern; and
       ``(II)(aa) was used in preparing the bid or proposal of the 
     prime contractor; or
       ``(bb) provides goods or services to the prime contractor 
     in performance of the contract; and

       ``(ii) the term `subcontracting plan' means a 
     subcontracting plan required under paragraph (4) or (5).
       ``(B) Review.--A covered small business subcontractor is 
     authorized to confidentially report to the contracting 
     officer that the covered small business subcontractor is not 
     being utilized in accordance with the subcontracting plan of 
     the prime contractor. If reported, the contracting officer 
     shall, in consultation with the Office of Small and 
     Disadvantaged Business Utilization or the Office of Small 
     Business Programs, determine whether the prime contractor 
     made a good faith effort to utilize the covered small 
     business subcontractor in accordance with the subcontracting 
     plan.
       ``(C) Action.--After the review required under subparagraph 
     (B), if the contracting officer determines that the prime 
     contractor failed to make a good faith effort to utilize the 
     covered small business subcontractor in accordance with the 
     subcontracting plan, the contracting officer shall assess 
     liquidated damages in accordance with paragraph (4)(F).''.
       (2) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall promulgate regulations pursuant 
     to this Act.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration, in consultation with relevant 
     Federal agencies, including the General Services 
     Administration, shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives a report on 
     the improvements that can be made to SAM.gov, the Electronic 
     Subcontracting Reporting System (eSRS), the Federal Subaward 
     Reporting System (FSRS), and any other successor database 
     to--
       (1) incorporate the reporting requirements under the 
     amendments made by subsection (b); and
       (2) improve the ability of contracting officers to--
       (A) evaluate whether prime contractors achieved their 
     subcontracting goals; and
       (B) make evidence-based determinations regarding whether 
     small subcontractors are being utilized to the extent 
     outlined in subcontracting plans.
                                 ______
                                 
  SA 3062. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VIII, add the following:

[[Page S5363]]

  


     SEC. 865. UNCONDITIONAL OWNERSHIP AND CONTROL REQUIREMENTS 
                   FOR CERTAIN EMPLOYEE-OWNED SMALL BUSINESS 
                   CONCERNS.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``budget justification materials'' has the 
     meaning given that term in section 3(b)(2) of the Federal 
     Funding Accountability and Transparency Act of 2006 (31 
     U.S.C. 6101 note);
       (3) the term ``eligible worker-owned cooperative'' has the 
     meaning given that term in section 1042(c) of the Internal 
     Revenue Code of 1986;
       (4) the term ``employee stock ownership plan'' has the 
     meaning given that term in section 4975(e) of the Internal 
     Revenue Code of 1986; and
       (5) the term ``small business concern owned and controlled 
     by women'' has the meaning given that term in section 8(m)(1) 
     of the Small Business Act (15 U.S.C. 637(m)(1)).
       (b) Report on Ownership and Control Through an Employee 
     Stock Ownership Plan or Eligible Worker-Owned Cooperative 
     Relating to Set-Aside Procurement.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) employee stock ownership plans and eligible worker-
     owned cooperatives have unique ownership structures that 
     create barriers to accessing set-aside procurement programs 
     due to unconditional ownership and control requirements; and
       (B) the ownership structures of an employee stock ownership 
     plan or an eligible worker-owned cooperative should not 
     prevent an otherwise eligible entity from accessing set-aside 
     procurement programs.
       (2) Study and report.--
       (A) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator, in coordination 
     with stakeholders, including national certifying agencies 
     approved by the Administrator for certifying small business 
     concerns owned and controlled by women and relevant Federal 
     agencies, shall complete a study and recommend alternatives 
     to unconditional ownership and control requirements for 
     employee stock ownership plans and eligible worker-owned 
     cooperatives that would enable access to set-aside 
     procurement programs.
       (B) Report.--The Administrator shall--
       (i) not later than 5 days after the date on which the 
     Administrator completes the study required under subparagraph 
     (A), make that study, including the recommendations developed 
     under that subparagraph, publicly available on the website of 
     the Small Business Administration; and
       (ii) not later than 30 days after the date on which the 
     Administrator completes the study required under subparagraph 
     (A), submit to Congress the recommendations developed under 
     that subparagraph and a plan to implement the recommendations 
     for all set-aside procurement programs.
       (C) Necessary statutory changes.--In the first budget 
     justification materials submitted by the Administrator on or 
     after the date on which the Administrator submits the 
     recommendations and plan required under subparagraph (B)(ii), 
     the Administrator shall identify any applicable statutory 
     changes necessary to implement the recommendations.
       (c) Definitions.--Section 3(q) of the Small Business Act 
     (15 U.S.C. 632(q)) is amended--
       (1) in paragraph (2), by striking ``(not including any 
     stock owned by an ESOP)'' each place it appears;
       (2) by striking paragraph (6); and
       (3) by redesignating paragraph (7) as paragraph (6).
                                 ______
                                 
  SA 3063. Mr. SCHUMER submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 7 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 3064. Mr. SCHUMER submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       On page 1, line 3, strike ``7 days'' and insert ``8 days''.
                                 ______
                                 
  SA 3065. Mr. SCHUMER submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 9 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 3066. Mr. SCHUMER submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       On page 1, line 3, strike ``9 days'' and insert ``10 
     days''.
                                 ______
                                 
  SA 3067. Mr. SCHUMER submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       On page 1, line 1, strike ``10 days'' and insert ``11 
     days''.
                                 ______
                                 
  SA 3068. Ms. CANTWELL (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 title X, insert the following:

                Subtitle I--NSF AI Education Act of 2024

     SEC. 1099. SHORT TITLE.

       This subtitle may be cited as the ``NSF AI Education Act of 
     2024''.

     SEC. 1099A. DEFINITIONS.

       In this subtitle:
       (1) Artificial intelligence; ai.--The term ``artificial 
     intelligence'' or ``AI'' has the meaning given such term in 
     section 5002 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
     9401).
       (2) Community college.--The term ``community college'' has 
     the meaning given the term ``junior or community college'' in 
     section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 
     1058(f)).
       (3) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.
       (4) Emerging research institution.--The term ``emerging 
     research institution'' has the meaning given the term in 
     section 10002 of the Research and Development, Competition, 
     and Innovation Act (42 U.S.C. 18901).
       (5) EPSCoR institution.--The term ``EPSCoR institution'' 
     means an institution of higher education, nonprofit 
     organization, or other institution located in a jurisdiction 
     eligible to participate in the Established Program to 
     Stimulate Competitive Research under section 113 of the 
     National Science Foundation Authorization Act of 1988 (42 
     U.S.C. 1862g).
       (6) High school.--The term ``high school'' has the meaning 
     given that term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (7) Historically black college and university.--The term 
     ``historically Black college and university'' has the meaning 
     given the term ``part B institution'' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       (8) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (9) Key emerging technologies.--The term ``key emerging 
     technologies'' means the technologies included in the initial 
     list of key technology focus areas set forth by section 
     10387(c) of the Research and Development, Competition, and 
     Innovation Act (42 U.S.C. 19107(c)), photonics, and 
     electronics.
       (10) Labor organization.--The term ``labor organization'' 
     has the meaning given the term in section 2(5) of the 
     National Labor Relations Act (29 U.S.C. 152(5)), except that 
     such term shall also include--
       (A) any organization composed of labor organizations, such 
     as a labor union federation or a State or municipal labor 
     body; and
       (B) any organization that would be included in the 
     definition for such term under such section 2(5) but for the 
     fact that the organization represents--
       (i) individuals employed by the United States, any wholly 
     owned Government corporation, any Federal Reserve Bank, or 
     any State or political subdivision thereof;
       (ii) individuals employed by persons subject to the Railway 
     Labor Act (45 U.S.C. 151 et seq.); or
       (iii) individuals employed as agricultural laborers.
       (11) Minority-serving institution.--The term ``minority-
     serving institution'' has the meaning given the term in 
     section 10002 of the Research and Development, Competition, 
     and Innovation Act (42 U.S.C. 18901).
       (12) National laboratory.--The term ``National Laboratory'' 
     has the meaning given that term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).

[[Page S5364]]

       (13) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization which is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       (14) Quantum hybrid computing.--The term ``quantum hybrid 
     computing'' means the use of quantum computing in conjunction 
     with classical computing.
       (15) Quantum information science.--The term ``quantum 
     information science'' means the use of the laws of quantum 
     physics for the storage, transmission, manipulation, 
     computing, or measurement of information.
       (16) Rural-located institution of higher education.--The 
     term ``rural-located institution of higher education'' means 
     an institution of higher education that is located in or near 
     areas that are not classified as urban by the Census Bureau.
       (17) Rural-serving institution of higher education.--The 
     term ``rural-serving institution of higher education'' means 
     an institution of higher education that--
       (A) primarily serves areas that are not classified as urban 
     by the Census Bureau; and
       (B) offers degrees that are unique and helpful to rural 
     regions that are not classified as urban by the Census 
     Bureau.
       (18) STEM.--The term ``STEM'' means science, technology, 
     engineering, and mathematics, including computer science.
       (19) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).

     SEC. 1099B. UNDERGRADUATE SCHOLARSHIPS FOR ARTIFICIAL 
                   INTELLIGENCE EDUCATION.

       (a) Scholarships Related to AI or Quantum Hybrid 
     Computing.--
       (1) In general.--The Director shall award merit- or need-
     based scholarships to undergraduate students at institutions 
     of higher education in order to enable such students to 
     study--
       (A) the development, deployment, integration, or 
     application of artificial intelligence; or
       (B) quantum hybrid computing.
       (2) Scholarships.--Scholarships awarded under paragraph (1) 
     shall be in the form of annual grant awards for a 4-year 
     period in amounts that cover the cost of tuition, education-
     related fees, and a stipend. Such scholarships shall be paid 
     directly to the institution of higher education in which the 
     student is enrolled.
       (b) Scholarships Related to AI and Agriculture.--
       (1) In general.--The Director shall award merit- or need-
     based scholarships to undergraduate students at institutions 
     of higher education in order to enable such students to 
     study--
       (A) artificial intelligence and agriculture; or
       (B) the integration of artificial intelligence into 
     agricultural operations, prediction, and decisionmaking.
       (2) Priority.--In awarding scholarships under this 
     subsection, the Director shall give preference to students 
     who are attending rural-located institutions of higher 
     education, rural-serving institutions of higher education, or 
     Tribal Colleges or Universities.
       (3) Scholarships.--Scholarships awarded under paragraph (1) 
     shall be in the form of annual grant awards for a 4-year 
     period in amounts that cover the cost of tuition, education-
     related fees, and a stipend. Such scholarships shall be paid 
     directly to the institution of higher education in which the 
     student is enrolled.
       (c) Scholarships Related to AI and Education.--
       (1) In general.--The Director shall award merit- or need-
     based scholarships to undergraduate students at institutions 
     of higher education in order to enable such students to study 
     the teaching of artificial intelligence and artificial 
     intelligence skills at elementary schools, secondary schools, 
     career and technical education schools, institutions of 
     higher education, or through other higher education and 
     professional education programs.
       (2) Scholarships.--Scholarships awarded under paragraph (1) 
     shall be in the form of annual grant awards for a 4-year 
     period that cover the cost of tuition, education-related 
     fees, and a stipend. Such scholarships shall be paid directly 
     to the institution of higher education in which the student 
     is enrolled.
       (d) Scholarships Related to AI and Advanced 
     Manufacturing.--
       (1) In general.--The Director shall award merit- or need-
     based scholarships to undergraduate students at institutions 
     of higher education in order to enable such students to 
     study--
       (A) artificial intelligence and advanced manufacturing; or
       (B) the integration of artificial intelligence into 
     advanced manufacturing operations.
       (2) Scholarships.--Scholarships awarded under paragraph (1) 
     shall be in the form of annual grant awards for a 4-year 
     period that cover the cost of tuition, education-related 
     fees, and a stipend. Such scholarships shall be paid directly 
     to the institution of higher education in which the student 
     is enrolled.
       (e) Method.--The Director may carry out this section by 
     making awards through new or existing programs.

     SEC. 1099C. GRADUATE SCHOLARSHIPS AND FELLOWSHIPS FOR 
                   ARTIFICIAL INTELLIGENCE EDUCATION.

       (a) Graduate Scholarships Related to AI or Quantum Hybrid 
     Computing.--The Director shall award merit- or need-based 
     scholarships to graduate students at institutions of higher 
     education in order to enable such students to study--
       (1) the development, deployment, integration, or 
     application of artificial intelligence; or
       (2) quantum hybrid computing.
       (b) Scholarships Related to AI and Agriculture.--
       (1) In general.--The Director shall award merit- or need-
     based scholarships to graduate students at institutions of 
     higher education in order to enable such students to study--
       (A) artificial intelligence and agriculture; or
       (B) the integration of artificial intelligence into 
     agricultural operations, prediction, and decisionmaking.
       (2) Priority.--In awarding scholarships under this 
     subsection, the Director shall give preference to students 
     who are attending rural-located institutions of higher 
     education, rural-serving institutions of higher education, or 
     Tribal Colleges or Universities.
       (c) Graduate Scholarships Related to AI and Education.--The 
     Director shall award merit- or need-based scholarships to 
     graduate students at institutions of higher education in 
     order to enable such students to study the teaching of 
     artificial intelligence and artificial intelligence skills at 
     elementary schools, secondary schools, career and technical 
     education schools, institutions of higher education, or 
     through other higher education and professional education 
     programs.
       (d) Graduate Scholarships Related to AI and Advanced 
     Manufacturing.--The Director shall award merit- or need-based 
     scholarships to graduate students at institutions of higher 
     education in order to enable such students to study--
       (1) artificial intelligence and advanced manufacturing; or
       (2) the integration of artificial intelligence into 
     advanced manufacturing operations.
       (e) Scholarships.--Scholarships awarded under this section 
     shall be in the form of annual grant awards for a 3-year 
     period that cover the cost of tuition, education-related 
     fees, and a stipend. Such scholarships shall be paid directly 
     to the institution of higher education in which the student 
     is enrolled.
       (f) Method.--The Director may carry out this section by 
     making awards through new or existing programs.

     SEC. 1099D. NSF ARTIFICIAL INTELLIGENCE PROFESSIONAL 
                   DEVELOPMENT FELLOWSHIPS.

       (a) In General.--The Director shall establish a program to 
     promote the exchange of ideas and encourage collaborations 
     between institutions of higher education and industry 
     partners in the fields of artificial intelligence and key 
     emerging technologies, including through fellowships for 
     students and industry professionals.
       (b) Fellowships.--
       (1) In general.--The Director shall award merit-based 
     fellowships for professionals for professional development 
     programs in STEM fields or the field of education that are 
     administered by or affiliated with institutions of higher 
     education, in order to enable fellowship recipients to attain 
     skills or training on--
       (A) the development, deployment, integration, or 
     application of artificial intelligence;
       (B) prompt engineering; or
       (C) quantum hybrid computing.
       (2) Fellowship awards.--Awards under this subsection shall 
     be in the form of one annual award that covers the cost of 
     tuition, education-related fees, and a stipend. Such awards 
     shall be paid directly to the institution of higher education 
     that administers, or that is affiliated with, the program in 
     which the fellowship recipient is participating.

     SEC. 1099E. ARTIFICIAL INTELLIGENCE TRAINING FOR LAND-GRANT 
                   COLLEGES AND UNIVERSITIES.

       (a) In General.--The Secretary of Agriculture, acting 
     through the Director of the National Institute of Food and 
     Agriculture, in collaboration with the Director of the 
     National Science Foundation, shall award grants to land-grant 
     colleges and universities (as defined in section 1404 of the 
     National Agricultural Research, Extension, and Teaching 
     Policy Act of 1977 (7 U.S.C. 3103)) for artificial 
     intelligence in agriculture.
       (b) Use of Funds.--A grant awarded under this section may 
     be used for--
       (1) research and development on the use of artificial 
     intelligence in agriculture or the integration of artificial 
     intelligence into agricultural operations, predictions, and 
     decision making;
       (2) the dissemination of educational resources for 
     artificial intelligence in rural areas; and
       (3) artificial intelligence tools for agriculture.

     SEC. 1099F. QUANTUM FELLOWSHIPS AND SCHOLARSHIPS.

       (a) In General.--The Director may establish or use existing 
     programs to support fellowships and scholarships for students 
     at institutions of higher education for the purpose of--
       (1) increasing quantum information science, engineering, 
     and technology exposure for undergraduate and graduate STEM 
     students; and
       (2) increasing post-graduation employment opportunities for 
     STEM students who demonstrate potential to pursue careers in 
     quantum information science, engineering, and

[[Page S5365]]

     technology, or fields that support the quantum industry.
       (b) Requirements.--Eligible participants in the fellowship 
     and scholarship program shall--
       (1) be enrolled in or have graduated from a STEM degree 
     program at a domestic institution of higher education; and
       (2) have taken at least one quantum-science or quantum-
     relevant course as part of their degree programs.
       (c) Considerations.--Eligible fellowships and scholarships 
     may include temporary quantum-related positions at State or 
     Federal agencies, National Laboratories, private sector 
     entities, institutions of higher education, or other quantum-
     relevant entities, as determined appropriate by the Director.
       (d) Competitive Awards.--Fellowships and scholarships shall 
     be competitively awarded through a merit-review process. The 
     Director may prioritize fellowships that include an industry 
     partner that provides financial assistance to the applicant 
     for direct or indirect costs.

     SEC. 1099G. NSF OUTREACH CAMPAIGN.

       (a) In General.--The Director shall carry out a nationwide 
     outreach campaign to students at elementary schools, 
     secondary schools, career and technical education schools, 
     institutions of higher education, or through other higher 
     education and professional education programs to increase 
     awareness about AI or quantum education opportunities at the 
     National Science Foundation.
       (b) Priority.--In carrying out such campaign, the Director 
     shall prioritize outreach to underserved and rural areas.

     SEC. 1099H. COMMUNITY COLLEGE AND VOCATIONAL SCHOOL CENTERS 
                   OF AI EXCELLENCE.

       (a) Definitions.--In this section:
       (1) Area career and technical education school.--The term 
     ``area career and technical education school'' has the 
     meaning given the term in section 3 of the Carl D. Perkins 
     Career and Technical Education Act of 2006 (20 U.S.C. 2302).
       (2) Eligible applicant.--The term ``eligible applicant'' 
     means a community college, vocational school, or area career 
     and technical education school, in partnership with 1 or more 
     of the following:
       (A) A Federal, State, local, or Tribal government entity.
       (B) An institution of higher education.
       (C) An entity in private industry.
       (D) An economic development organization or venture 
     development organization.
       (E) A labor organization.
       (F) A nonprofit organization.
       (3) Venture development organization.--The term ``venture 
     development organization'' has the meaning given the term in 
     section 27(a) of the Stevenson-Wydler Act of 1980 (15 U.S.C. 
     3722(a)).
       (4) Vocational school.--The term ``vocational school'' has 
     the meaning given the term ``postsecondary vocational 
     institution'' in section 102(c) of the Higher Education Act 
     of 1965 (20 U.S.C. 1002(c)).
       (b) Establishment of Centers of AI Excellence.--The 
     Director, in coordination with the Regional Technology Hubs 
     program at the Department of Commerce and the Regional 
     Innovation Engines program at the National Science 
     Foundation, shall choose not less than 5 regionally and 
     geographically diverse eligible applicants to be designated 
     as Community College and Vocational School Centers of AI 
     Excellence (referred to in this section as ``Centers of AI 
     Excellence'').
       (c) EPSCoR State Participation.--Not less than 20 percent 
     of designated Community College and Vocational School Centers 
     of AI Excellence shall be eligible applicants that are 
     located in a State jurisdiction eligible to participate in 
     the National Science Foundation's Established Program to 
     Stimulate Competitive Research under section 113 of the 
     National Science Foundation Authorization Act of 1988 (42 
     U.S.C. 1862g).
       (d) Application.--An eligible applicant that desires to be 
     designated as a Center of AI Excellence shall submit an 
     application to the Director at such time, in such manner, and 
     containing such information as the Director may reasonably 
     require. Such application shall specify a focus area for the 
     Center of AI Excellence, which may be any of the following:
       (1) AI education and training related to agriculture.
       (2) AI education and training related to manufacturing.
       (3) AI education.
       (4) AI education and training related to another focus area 
     as specified by the eligible applicant.
       (e) Activities.--A designated Center of AI Excellence shall 
     develop and disseminate information about best practices 
     for--
       (1) artificial intelligence research and education at 
     community colleges and area career and technical education 
     schools;
       (2) methods to scale up successful programs that perform 
     research or provide education on artificial intelligence at 
     community colleges and area career and technical education 
     schools;
       (3) providing hands-on research opportunities on artificial 
     intelligence and learning opportunities for students that are 
     enabled through artificial intelligence; and
       (4) identifying pathways for students to jobs that are 
     enabled by artificial intelligence.

     SEC. 1099I. AWARD PROGRAM FOR RESEARCH ON AI IN EDUCATION.

       (a) Eligible Entity.--In this section, the term ``eligible 
     entity'' means--
       (1) an institution of higher education;
       (2) a nonprofit organization; or
       (3) a consortium of 1 or more institution of higher 
     education or a nonprofit organization and 1 or more private 
     entities.
       (b) Program Authorized.--
       (1) In general.--The Director shall make awards, on a 
     competitive, merit-reviewed basis, to eligible entities, to 
     enable the eligible entities to promote research on teaching 
     models, tools, and materials for artificial intelligence and 
     integration with other key emerging technologies, such as 
     quantum information science and technologies and photonics, 
     with a focus on teaching and learning for kindergarten 
     through grade 12 students who are from low-income, rural, or 
     Tribal populations.
       (2) Method.--The Director may carry out this section by 
     making awards through new or existing programs.
       (c) Application.--
       (1) In general.--An eligible entity that desires to receive 
     an award under this section shall submit an application to 
     the Director at such time, in such manner, and containing 
     such information as the Director may require.
       (2) Contents.--An application described in paragraph (1) 
     shall include--
       (A) a description of the student demographics on which the 
     research supported under the award intends to focus;
       (B) a description of any regional partnerships the eligible 
     entity plans to utilize to carry out the award;
       (C) with respect to an application that concerns the use or 
     integration of artificial intelligence, a description of 
     potential ethical concerns and implications of teacher and 
     student interactions with artificial intelligence systems;
       (D) a description of how the research on teaching models, 
     tools, and materials were developed in consultation with 
     other educators, academia, industry, and civil society 
     organizations; and
       (E) such other information as the Director may require.
       (d) Use of Award Funds.--An eligible entity that receives 
     an award under this section shall carry out a program 
     described in subsection (b)(1) that--
       (1) emphasizes preparing incoming teachers to integrate 
     artificial intelligence, key emerging technologies, and 
     computational thinking into their classrooms in innovative 
     ways; and
       (2) supports research to develop, pilot, fully implement, 
     or test areas, such as--
       (A) instructional materials and high-quality learning 
     opportunities for teaching artificial intelligence and key 
     emerging technologies;
       (B) models for the preparation of new teachers who will 
     teach artificial intelligence and key emerging technologies;
       (C) scalable models of professional development and ongoing 
     support for teachers; and
       (D) tools and models for teaching and learning aimed at 
     supporting student success and inclusion in artificial 
     intelligence and key emerging technologies across diverse 
     populations, including low-income, rural, and Tribal 
     populations.

     SEC. 1099J. NATIONAL SCIENCE FOUNDATION AWARDS FOR ARTIFICIAL 
                   INTELLIGENCE RESOURCES.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) an elementary school or secondary school, as defined in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8101);
       (B) an institution of higher education, including--
       (i) an emerging research institution;
       (ii) an EPSCoR institution;
       (iii) a minority-serving institution;
       (iv) a historically Black college or university;
       (v) a Tribal College or University; or
       (vi) a community college; or
       (C) a technical and vocational school.
       (2) Technical and vocational school.--The term ``technical 
     and vocational school'' has the meaning given the term ``area 
     career and technical school'' in section 3 of the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2302).
       (b) Awards Authorized.--The Director shall make awards to 
     eligible entities to enable the eligible entities to provide 
     or increase access to artificial intelligence tools and 
     applications to the students and researchers served by the 
     eligible entities.
       (c) Preference.--In making awards under subsection (b), the 
     Director shall give preference to eligible entities that--
       (1) expand the geographic diversity of funded entities; or
       (2) are emerging research institutions, EPSCoR 
     institutions, minority-serving institutions, historically 
     Black colleges and universities, Tribal Colleges or 
     Universities, community colleges, or technical and vocational 
     schools.

     SEC. 1099K. NATIONAL SCIENCE FOUNDATION NATIONAL STEM 
                   TEACHERS CORPS.

       Section 10311(c)(6) of the Research and Development, 
     Competition, and Innovation Act (42 U.S.C. 18991(c)(6)) is 
     amended--
       (1) in subparagraph (F), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (G), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(H) incorporating artificial intelligence skills 
     development into the priorities of the

[[Page S5366]]

     National STEM Teacher Corps, including prioritizing the 
     development of artificial intelligence best practices for 
     high school teachers, created in consultation with other 
     educators and academia.''.

     SEC. 1099L. GUIDANCE FOR THE INTRODUCTION AND USE OF 
                   ARTIFICIAL INTELLIGENCE IN PREKINDERGARTEN 
                   THROUGH GRADE 12.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this subtitle, the Director, in coordination 
     with the Secretary of Education, the Director of the National 
     Institute of Standards and Technology, and the Director of 
     the Office of Science and Technology Policy, shall develop 
     and make publicly available guidance for the introduction and 
     use of artificial intelligence in prekindergarten through 
     grade 12 classrooms.
       (b) Considerations.--The guidance required under subsection 
     (a) shall include--
       (1) considerations for--
       (A) the use of artificial intelligence in prekindergarten 
     through grade 12 classrooms in rural areas and economically 
     distressed areas; and
       (B) the differing applications of artificial intelligence 
     in STEM and the liberal arts; and
       (2) a description of how the guidance was developed in 
     consultation with educators, academia, industry, and civil 
     society organizations.

     SEC. 1099M. NSF GRAND CHALLENGES RELATING TO ARTIFICIAL 
                   INTELLIGENCE EDUCATION AND TRAINING.

       (a) Grand Challenge.--The term ``grand challenge'' means a 
     prize competition under section 24 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3719).
       (b) In General.--The Director, in coordination with the 
     Secretaries of Labor and Education, shall support grand 
     challenges to stimulate innovation regarding--
       (1) how to train 1,000,000 or more workers, including 
     educators, technical and vocational workers, and 
     professionals, in the United States by 2028 in areas related 
     to the creation, deployment, or use of artificial 
     intelligence, such as foundational knowledge, critical 
     thinking, programming skills, machine learning, or deep 
     learning;
       (2) how to overcome barriers in the development of the 
     artificial intelligence education and training;
       (3) methods and strategies for creating artificial 
     intelligence education and training that does not displace 
     workers, including teachers, in the workforce;
       (4) ways to increase the number of women who receive 
     artificial intelligence education and training; and
       (5) how to ensure rural areas of the United States are able 
     to benefit from artificial intelligence education and 
     training.

     SEC. 1099N. GIFT AUTHORITY.

       In carrying out this subtitle, the Director may receive and 
     use funds donated by others, including receipt and use of 
     donations from private entities to fund scholarships and 
     fellowships authorized under this subtitle.
                                 ______
                                 
  SA 3069. Ms. CANTWELL (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 appropriate place in title X, insert the following:

     SEC. ___. ARTIFICIAL INTELLIGENCE TRAINING RESOURCES AND 
                   TOOLKITS FOR SMALL BUSINESS CONCERNS.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (B) the Committee on Science, Space, and Technology and the 
     Committee on Small Business of the House of Representatives.
       (2) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given such term in section 
     5002 of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 9401).
       (3) Center.--The term ``Center'' has the meaning given such 
     term in section 25(a) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278k(a)).
       (4) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (5) Hollings manufacturing extension partnership.--The term 
     ``Hollings Manufacturing Extension Partnership'' has the 
     meaning given such term in section 25(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 
     278k(a)).
       (6) 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).
       (7) Key emerging technologies.--The term ``key emerging 
     technologies'' means the technologies included in the initial 
     list of key technology focus areas set forth by section 
     10387(c) of the Research and Development, Competition, and 
     Innovation Act (42 U.S.C. 19107(c)), photonics, and 
     electronics.
       (8) Rural community.--The term ``rural community'' means a 
     community that is located in areas that are not classified as 
     urban by the Bureau of the Census.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (10) Small business concern.--The term ``small business 
     concern'' has the meaning given such term in section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       (b) Development of Training Resources and Toolkits 
     Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall, acting 
     through the Director, the Hollings Manufacturing Extension 
     Partnership, and the Centers and in consultation and 
     coordination with the Administrator of the Small Business 
     Administration, the Secretary of Agriculture, and such 
     persons in the private sector as the Secretary of Commerce 
     considers appropriate, develop training resources and 
     toolkits for small business concerns, including small 
     business concerns located in rural, Tribal, or underserved 
     communities or involved in advanced manufacturing, relating 
     to the adoption and use of artificial intelligence and such 
     other key emerging technologies, such as quantum-hybrid 
     computing, as the Secretary considers appropriate.
       (2) Contents.--The training and toolkits developed under 
     paragraph (1) shall include prompt engineering and the use of 
     artificial intelligence or emerging technologies, such as 
     quantum hybrid tools, relating to access to credit and 
     capital, financial management and accounting, business 
     planning and operations, cybersecurity, marketing, supply 
     chain management, government contracting, and exporting.
       (c) Review and Update of Training Resources and Toolkits.--
     Not later than 2 years after the date of the enactment of 
     this Act, and not less frequently than once every 2 years 
     thereafter, the Secretary shall--
       (1) review the training resources and toolkits developed 
     pursuant to subsection (b); and
       (2) update such resources and toolkits as the Secretary 
     considers appropriate.
       (d) Distribution and Use of Training Resources and 
     Toolkits.--The Secretary shall coordinate with the 
     Administrator of the Small Business Administration on the 
     distribution and use of the training resources and toolkits 
     that are developed pursuant to subsection (b) through the 
     resource partners of the Small Business Administration, 
     including small business development centers, women business 
     centers, SCORE, veteran business opportunity centers, and the 
     Apex Accelerator.
       (e) Grants Program.--
       (1) Authority.--The Secretary may carry out a program on 
     the award of grants to persons providing training relating to 
     artificial intelligence to small business concerns using the 
     training resources developed under subsection (b).
       (2) Gift authority.--The Secretary may receive gifts that 
     the Secretary shall use to carry out paragraph (1).
       (f) Reports to Congress.--
       (1) Initial report.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate committees of Congress a report on the 
     development, distribution, and use of the training resources 
     and toolkits developed pursuant to subsection (b).
       (2) Biennial reports.--
       (A) Reports required.--Not later than 3 years after the 
     date of the enactment of this Act, and not less frequently 
     than once every 2 years thereafter, the Secretary shall 
     submit to appropriate committees of Congress a biennial 
     report on the development, distribution, and use of training 
     resources and toolkits developed pursuant to subsection (b).
       (B) Contents.--Each report submitted to subparagraph (A) 
     shall include, for the period of covered by the report, the 
     following:
       (i) A list of the training resources and toolkits developed 
     pursuant to subsection (b).
       (ii) A description of the measurable outcomes of the 
     distribution of such training resources and toolkits, 
     including the following:

       (I) The number and type of small business concerns using 
     such training resources and toolkits.
       (II) The effect of such use on the revenues, sales, and 
     workforces of the small business concerns. 

                                 ______
                                 
  SA 3070. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal 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. TRANSPARENCY WITH RESPECT TO CONTENT PROVENANCE 
                   INFORMATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) there is a lack of--
       (A) visibility into how artificial intelligence systems 
     work;
       (B) transparency regarding the information used to train 
     such systems; and
       (C) consensus-based standards and practices to guide the 
     development and deployment of such systems;

[[Page S5367]]

       (2) it is becoming increasingly difficult to assess the 
     nature, origins, and authenticity of digital content that has 
     been generated or modified algorithmically;
       (3) these deficiencies negatively impact the public and, 
     particularly, the journalists, publishers, broadcasters, and 
     artists whose content is used to train these systems and is 
     manipulated to produce synthetic content and synthetically-
     modified content that competes unfairly in the digital 
     marketplace with covered content; and
       (4) the development and adoption of consensus-based 
     standards would mitigate these impacts, catalyze innovation 
     in this nascent industry, and put the United States in a 
     position to lead the development of artificial intelligence 
     systems moving forward.
       (b) Definitions.--In this section:
       (1) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 5002 
     of the National Artificial Intelligence Initiative Act of 
     2020 (15 U.S.C. 9401).
       (2) Artificial intelligence blue-teaming.--The term 
     ``artificial intelligence blue-teaming'' means an effort to 
     conduct operational vulnerability evaluations and provide 
     mitigation techniques to entities who have a need for an 
     independent technical review of the security posture of an 
     artificial intelligence system.
       (3) Artificial intelligence red-teaming.--The term 
     ``artificial intelligence red-teaming'' means structured 
     adversarial testing efforts of an artificial intelligence 
     system to identify risks, flaws, and vulnerabilities of the 
     artificial intelligence system, such as harmful outputs from 
     the system, unforeseen or undesirable system behaviors, 
     limitations, or potential risks associated with the misuse of 
     the system.
       (4) Content provenance information.--The term ``content 
     provenance information'' means state-of-the-art, machine-
     readable information documenting the origin and history of a 
     piece of digital content, such as an image, a video, audio, 
     or text.
       (5) Covered content .--The term ``covered content'' means a 
     digital representation, such as text, an image, or audio or 
     video content, of any work of authorship described in section 
     102 of title 17, United States Code.
       (6) Covered platform.--The term ``covered platform'' means 
     a website, internet application, or mobile application 
     available to users in the United States, including a social 
     networking site, video sharing service, search engine, or 
     content aggregation service available to users in the United 
     States, that either--
       (A) generates at least $50,000,000 in annual revenue; or
       (B) had at least 25,000,000 monthly active users for not 
     fewer than 3 of the 12 months immediately preceding any 
     conduct by the covered platform in violation of this Act.
       (7) Deepfake.--The term ``deepfake'' means synthetic 
     content or synthetically-modified content that--
       (A) appears authentic to a reasonable person; and
       (B) creates a false understanding or impression.
       (8) Director.--The term ``Director'' means the Under 
     Secretary of Commerce for Intellectual Property and Director 
     of the United States Patent and Trademark Office.
       (9) Synthetic content.--The term ``synthetic content'' 
     means information, including works of human authorship such 
     as images, videos, audio clips, and text, that has been 
     wholly generated by algorithms, including by artificial 
     intelligence.
       (10) Synthetically-modified content.--The term 
     ``synthetically-modified content'' means information, 
     including works of human authorship such as images, videos, 
     audio clips, and text, that has been significantly modified 
     by algorithms, including by artificial intelligence.
       (11) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Standards and Technology.
       (12) Watermarking.--The term ``watermarking'' means the act 
     of embedding information that is intended to be difficult to 
     remove into an output, including an output such as text, an 
     image, an audio, a video, software code, or any other digital 
     content or data, for the purposes of verifying the 
     authenticity of the output or the identity or characteristics 
     of its provenance, modifications, or conveyance
       (c) Facilitation of Development of Standards for Content 
     Provenance Information and Detection of Synthetic Content and 
     Synthetically-Modified Content.--
       (1) In general.--The Under Secretary shall establish a 
     public-private partnership to facilitate the development of 
     standards regarding content provenance information 
     technologies and the detection of synthetic content and 
     synthetically-modified content, including with respect to the 
     following:
       (A) Facilitating the development of guidelines and 
     voluntary, consensus-based standards and best practices for 
     watermarking, content provenance information, synthetic 
     content and synthetically-modified content detection, 
     including for images, audio, video, text, and multimodal 
     content, the use of data to train artificial intelligence 
     systems, and such other matters relating to transparency of 
     synthetic media as the Under Secretary considers appropriate.
       (B) Facilitating the development of guidelines, metrics, 
     and practices to evaluate and assess tools to detect and 
     label synthetic content, synthetically-modified content, and 
     non-synthetic content, including artificial intelligence red-
     teaming and artificial intelligence blue-teaming.
       (C) Establishing grand challenges and prizes in 
     coordination with the Defense Advanced Research Projects 
     Agency and the National Science Foundation to detect and 
     label synthetic content, synthetically-modified content, and 
     non-synthetic content and to develop cybersecurity and other 
     countermeasures to defend against tampering with detection 
     tools, watermarks, or content provenance information.
       (2) Consultation.--In developing the standards described in 
     paragraph (1), the Under Secretary shall consult with the 
     Register of Copyrights and the Director.
       (d) National Institute of Standards and Technology 
     Research, Development, and Public Education Regarding 
     Synthetic Content and Synthetically-Modified Content.--
       (1) Research and development.--The Under Secretary shall 
     carry out a research program to enable advances in 
     measurement science, standards, and testing relating to the 
     robustness and efficacy of--
       (A) technologies for synthetic content and synthetically-
     modified content detection, watermarking, and content 
     provenance information; and
       (B) cybersecurity protections and other countermeasures 
     used to prevent tampering with such technologies.
       (2) Public education campaigns regarding synthetic 
     content.--Not later than 1 year after the date of enactment 
     of this Act, the Under Secretary shall, in consultation with 
     the Register of Copyrights and the Director, carry out a 
     public education campaign regarding synthetic content and 
     synthetically-modified content (including deepfakes), 
     watermarking, and content provenance information.
       (e) Requirements for Content Provenance Information; 
     Prohibited Acts.--
       (1) Content provenance information.--
       (A) Synthetic content and synthetically-modified content.--
     Beginning on the date that is 2 years after the date of 
     enactment of this Act, any person who, for a commercial 
     purpose, makes available in interstate commerce a tool used 
     for the primary purpose of creating synthetic content or 
     synthetically-modified content shall--
       (i) taking into consideration the content provenance 
     information standards established under subsection (c), 
     provide users of such tool with the ability to include 
     content provenance information that indicates the piece of 
     digital content is synthetic content or synthetically-
     modified content for any synthetic content or synthetically-
     modified content created by the tool; and
       (ii) in the event a user opts to include content provenance 
     information under clause (i), establish, to the extent 
     technically feasible, reasonable security measures to ensure 
     that such content provenance information is machine-readable 
     and not easily removed, altered, or separated from the 
     underlying content.
       (B) Covered content.--Beginning on the date that is 2 years 
     after the date of enactment of this Act, any person who, for 
     a commercial purpose, makes available in interstate commerce 
     a tool used for the primary purpose of creating or 
     substantially modifying covered content shall--
       (i) taking into consideration the content provenance 
     information standards established under subsection (c), 
     provide users of such tool with the ability to include 
     content provenance information for any covered content 
     created or significantly modified by the tool; and
       (ii) in the event a user opts to include content provenance 
     information under clause (i), establish, to the extent 
     technically feasible, reasonable security measures to ensure 
     that such content provenance information is machine-readable 
     and not easily removed, altered, or separated from the 
     underlying content.
       (2) Removal of content provenance information.--
       (A) In general.--It shall be unlawful for any person to 
     knowingly remove, alter, tamper with, or disable content 
     provenance information in furtherance of an unfair or 
     deceptive act or practice in or affecting commerce.
       (B) Covered platforms.--
       (i) In general.--Subject to clause (ii), it shall be 
     unlawful for a covered platform, to remove, alter, tamper 
     with, or disable content provenance information or to 
     separate the content provenance information from the content 
     so that the content provenance information cannot be accessed 
     by users of the platform.
       (ii) Exception for security research.--A covered platform 
     shall not be liable for a violation of clause (i) if such 
     covered platform removes, alters, tampers with, or disables 
     content provenance information for a purpose necessary, 
     proportionate, and limited to perform research to enhance the 
     security of the covered platform.
       (3) Prohibition on non-consensual use of covered content 
     that has attached or associated content provenance 
     information.--It shall be unlawful for any person, for a 
     commercial purpose, to knowingly use any covered content that 
     has content provenance information that is attached to or 
     associated with such covered content or covered content from 
     which the person knows or should know that content provenance 
     information has been removed or separated in violation of 
     paragraph (2), in order to train a system

[[Page S5368]]

     that uses artificial intelligence or an algorithm or to 
     generate synthetic content or synthetically-modified content 
     unless such person obtains the express, informed consent of 
     the person who owns the covered content, and complies with 
     any terms of use pertaining to the use of such content, 
     including terms regarding compensation for such use, as 
     required by the owner of copyright in such content.
       (f) Enforcement.--
       (1) Enforcement by the commission.--
       (A) Unfair or deceptive acts or practices.--A violation of 
     this section or a regulation promulgated under this section 
     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 title.
       (ii) Privileges and immunities.--Any person who violates 
     this section, or a regulation promulgated under this section 
     shall be subject to the penalties and entitled to the 
     privileges and immunities provided in the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.).
       (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.--In any case in which the attorney general 
     of a State has reason to believe that an interest of the 
     residents of the State has been or is threatened or adversely 
     affected by the engagement of any person in a practice that 
     violates this section, 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--
       (i) enjoin further violation of this section by such 
     person;
       (ii) compel compliance with this section;
       (iii) obtain damages, restitution, or other compensation on 
     behalf of such residents; and
       (iv) obtain such other relief as the court may consider to 
     be appropriate.
       (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 shall notify the Commission in 
     writing that the attorney general intends to bring a civil 
     action under subparagraph (A) before initiating the civil 
     action.
       (II) Contents.--The notification required by subclause (I) 
     with respect to a civil action 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 of a decision in the civil 
     action.
       (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.
       (D) Action by the commission.--If the Commission institutes 
     a civil action or an administrative action with respect to a 
     violation of this section, the attorney general of a State 
     may not, during the pendency of such action, bring a civil 
     action under subparagraph (A) against any defendant named in 
     the complaint of the Commission for the violation with 
     respect to which the Commission instituted such action.
       (E) Venue; service or 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 the defendant--

       (I) is an inhabitant; or
       (II) may be found.

       (F) Actions by other state officials.--
       (i) In general.--In addition to civil actions brought by 
     attorneys 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.
       (G) Damages.--If a person brings a civil action for a 
     violation of this section pursuant to paragraph (3) and 
     receives any monetary damages, the court shall reduce the 
     amount of any damages awarded under this paragraph by the 
     amount of monetary damages awarded to such person.
       (3) Enforcement by private parties and government 
     entities.--
       (A) In general.--Any person who owns covered content that 
     has content provenance information that is attached to or 
     associated with such covered content may bring a civil action 
     in a court of competent jurisdiction against--
       (i) any person or covered platform for removing, altering, 
     tampering with, or disabling such content provenance 
     information in violation of subparagraph (A) or (B) of 
     subsection (e)(2); and
       (ii) any person for using such covered content in violation 
     of subsection (e)(3).
       (B) Relief.--In a civil action brought under subparagraph 
     (A) in which the plaintiff prevails, the court may award the 
     plaintiff declaratory or injunctive relief, compensatory 
     damages, and reasonable litigation expenses, including a 
     reasonable attorney's fee.
       (C) Statute of limitations.--An action for a violation of 
     this section brought under this paragraph may be commenced 
     not later than 4 years after the date upon which the 
     plaintiff discovers or should have discovered the facts 
     giving rise to such violation.
       (g) Rule of Construction.--This section does not impair or 
     in any way alter the rights of copyright owners under any 
     other applicable law.
       (h) Severability.--If any provision of this section, or an 
     amendment made by this section, is determined to be 
     unenforceable or invalid, the remaining provisions of this 
     section and the amendments made by this section shall not be 
     affected.
                                 ______
                                 
  SA 3071. Ms. CANTWELL (for herself and Mr. Young) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

        DIVISION _--FUTURE OF ARTIFICIAL INTELLIGENCE INNOVATION

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Future of Artificial Intelligence Innovation Act of 2024''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.

    TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS, 
       EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION

   Subtitle A--Artificial Intelligence Safety Institute and Testbeds

Sec. 101. Artificial Intelligence Safety Institute.
Sec. 102. Program on artificial intelligence testbeds.
Sec. 103. National Institute of Standards and Technology and Department 
              of Energy testbed to identify, test, and synthesize new 
              materials.
Sec. 104. National Science Foundation and Department of Energy 
              collaboration to make scientific discoveries through the 
              use of artificial intelligence.
Sec. 105. Progress report.

                 Subtitle B--International Cooperation

Sec. 111. International coalition on innovation, development, and 
              harmonization of standards with respect to artificial 
              intelligence.
Sec. 112. Requirement to support bilateral and multilateral artificial 
              intelligence research collaborations.

       Subtitle C--Identifying Regulatory Barriers to Innovation

Sec. 121. Comptroller General of the United States identification of 
              risks and obstacles relating to artificial intelligence 
              and Federal agencies.

   TITLE II--ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, CAPACITY 
                          BUILDING ACTIVITIES

Sec. 201. Public data for artificial intelligence systems.
Sec. 202. Federal grand challenges in artificial intelligence.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that policies governing 
     artificial intelligence should maximize the potential and 
     development of artificial intelligence to benefit all private 
     and public stakeholders.

[[Page S5369]]

  


     SEC. 3. DEFINITIONS.

       In this division:
       (1) Agency.--The term ``agency'' has the meaning given such 
     term in section 3502 of title 44, United States Code, except 
     such term shall include an independent regulatory agency, as 
     defined in such section.
       (2) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given such term in section 
     5002 of the National Artificial Intelligence Initiative Act 
     of 2020 (15 U.S.C. 9401).
       (3) Artificial intelligence blue-teaming.--The term 
     ``artificial intelligence blue-teaming'' means an effort to 
     conduct operational network vulnerability evaluations and 
     provide mitigation techniques to entities who have a need for 
     an independent technical review of the network security 
     posture of an artificial intelligence system.
       (4) Artificial intelligence model.--The term ``artificial 
     intelligence model'' means a component of an artificial 
     intelligence system that is a model--
       (A) derived using mathematical, computational, statistical, 
     or machine-learning techniques; and
       (B) used as part of an artificial intelligence system to 
     produce outputs from a given set of inputs.
       (5) Artificial intelligence red-teaming.--The term 
     ``artificial intelligence red-teaming'' means structured 
     adversarial testing efforts of an artificial intelligence 
     system to identify risks, flaws, and vulnerabilities of the 
     artificial intelligence system, such as harmful outputs from 
     the system, unforeseen or undesirable system behaviors, 
     limitations, or potential risks associated with the misuse of 
     the system.
       (6) Artificial intelligence risk management framework.--The 
     term ``Artificial Intelligence Risk Management 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)).
       (7) Artificial intelligence system.--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).
       (8) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
       (9) Federal laboratory.--The term ``Federal laboratory'' 
     has the meaning given such term in section 4 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3703).
       (10) Foundation model.--The term ``foundation model'' means 
     an artificial intelligence model trained on broad data at 
     scale and is adaptable to a wide range of downstream tasks.
       (11) Generative artificial intelligence.--The term 
     ``generative artificial intelligence'' means the class of 
     artificial intelligence models that utilize the structure and 
     characteristics of input data in order to generate outputs in 
     the form of derived synthetic content. Such derived synthetic 
     content can include images, videos, audio, text, software, 
     code, and other digital content.
       (12) National laboratory.--The term ``National Laboratory'' 
     has the meaning given such term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (13) Synthetic content.--The term ``synthetic content'' 
     means information, such as images, videos, audio clips, and 
     text, that has been significantly modified or generated by 
     algorithms, including by artificial intelligence.
       (14) Testbed.--The term ``testbed'' means a facility or 
     mechanism equipped for conducting rigorous, transparent, and 
     replicable testing of tools and technologies, including 
     artificial intelligence systems, to help evaluate the 
     functionality, trustworthiness, usability, and performance of 
     those tools or technologies.
       (15) TEVV.--The term ``TEVV'' means methodologies, metrics, 
     techniques, and tasks for testing, evaluating, verifying, and 
     validating artificial intelligence systems or components.
       (16) Watermarking.--The term ``watermarking'' means the act 
     of embedding information that is intended to be difficult to 
     remove, into outputs generated by artificial intelligence, 
     including outputs such as text, images, audio, videos, 
     software code, or any other digital content or data, for the 
     purposes of verifying the authenticity of the output or the 
     identity or characteristics of its provenance, modifications, 
     or conveyance.

    TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS, 
       EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION

   Subtitle A--Artificial Intelligence Safety Institute and Testbeds

     SEC. 101. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE.

       (a) Establishment of Institute.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Under Secretary of Commerce 
     for Standards and Technology (in this section referred to as 
     the ``Under Secretary'') shall establish an institute on 
     artificial intelligence.
       (2) Designation.--The institute established pursuant to 
     paragraph (1) shall be known as the ``Artificial Intelligence 
     Safety Institute'' (in this section referred to as the 
     ``Institute'').
       (3) Mission.--The mission of the Institute is as follows:
       (A) To assist the private sector and agencies in developing 
     voluntary best practices for the robust assessment of 
     artificial intelligence systems.
       (B) To provide technical assistance for the adoption and 
     use of artificial intelligence across the Federal Government 
     to improve the quality of government services.
       (C) To develop guidelines, methodologies, and best 
     practices to promote--
       (i) development and adoption of voluntary, consensus-based 
     technical standards or industry standards;
       (ii) long-term advancements in artificial intelligence 
     technologies; and
       (iii) innovation in the artificial intelligence industry by 
     ensuring that companies of all sizes can succeed and thrive.
       (b) Director.--The Under Secretary shall appoint a director 
     of the Institute, who shall be known as the ``Director of the 
     Artificial Intelligence Safety Institute'' (in this section 
     referred to as the ``Director'') and report directly to the 
     Under Secretary.
       (c) Staff and Authorities.--
       (1) Staff.--The Director may hire such full-time employees 
     as the Director considers appropriate to assist the Director 
     in carrying out the functions of the Institute.
       (2) Use of authority to hire critical technical experts.--
     In addition to making appointments under paragraph (1) of 
     this subsection, the Director, in coordination with the 
     Secretary of Commerce, may make appointments of scientific, 
     engineering, and professional personnel, and fix their basic 
     pay, under subsection (b) of section 6 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 275) to 
     hire critical technical experts.
       (3) Expansion of authority to hire critical technical 
     experts.--Such subsection is amended, in the second sentence, 
     by striking ``15'' and inserting ``30''.
       (4) Modification of sunset.--Subsection (c) of such section 
     is amended by striking ``the date that is 5 years after the 
     date of the enactment of this section'' and inserting 
     ``December 30, 2035''.
       (5) Agreements.--The Director may enter into such 
     agreements, including contracts, grants, cooperative 
     agreements, and other transactions, as the Director considers 
     necessary to carry out the functions of the Institute and on 
     such terms as the Under Secretary considers appropriate.
       (d) Consultation and Coordination.--In establishing the 
     Institute, the Under Secretary shall--
       (1) coordinate with--
       (A) the Secretary of Energy;
       (B) the Secretary of Homeland Security;
       (C) the Secretary of Defense;
       (D) the Director of the National Science Foundation; and
       (E) the Director of the Office of Science and Technology 
     Policy; and
       (2) consult with the heads of such other Federal agencies 
     as the Under Secretary considers appropriate.
       (e) Functions.--The functions of the Institute, which the 
     Institute shall carry out in coordination with the 
     laboratories of the National Institute of Standards and 
     Technology, are as follows:
       (1) Research, evaluation, testing, and standards.--The 
     following functions relating to research, evaluation, 
     testing, and standards:
       (A) Conducting measurement research into system and model 
     safety, validity and reliability, security, capabilities and 
     limitations, explainability, interpretability, and privacy.
       (B) Working with the Department of Energy, the National 
     Science Foundation, public-private partnerships, including 
     the Artificial Intelligence Safety Institute Consortium 
     established under subsection (f), and other private sector 
     organizations to develop testing environments and perform 
     regular benchmarking and capability evaluations, including 
     artificial intelligence red-teaming as the Director considers 
     appropriate.
       (C) Working with consensus-based, open, and transparent 
     standards development organizations (SDOs) and relevant 
     industry, Federal laboratories, civil society, and academic 
     institutions to advance development and adoption of clear, 
     implementable, technically sound, and technology-neutral 
     voluntary standards and guidelines that incorporate 
     appropriate variations in approach depending on the size of 
     the entity, the potential risks and potential benefits of the 
     artificial intelligence system, and the role of the entity 
     (such as developer, deployer, or user) relating to artificial 
     intelligence systems.
       (D) Building upon the Artificial Intelligence Risk 
     Management Framework to incorporate guidelines on generative 
     artificial intelligence systems.
       (E) Developing a companion resource to the Secure Software 
     Development Framework to incorporate secure development 
     practices for generative artificial intelligence and for 
     foundation models.
       (F) Developing and publishing cybersecurity tools, 
     methodologies, best practices, voluntary guidelines, and 
     other supporting information to assist persons who maintain 
     systems used to create or train artificial intelligence 
     models to discover and mitigate vulnerabilities and attacks.
       (G) Coordinating or developing guidelines, metrics, 
     benchmarks, and methodologies for

[[Page S5370]]

     evaluating artificial intelligence systems, including the 
     following:
       (i) Cataloging existing artificial intelligence metrics, 
     benchmarks, and evaluation methodologies used in industry and 
     academia.
       (ii) Testing and validating the efficacy of existing 
     metrics, benchmarks, and evaluations, as well as TEVV tools 
     and products.
       (iii) Funding and facilitating research and other 
     activities in a transparent manner, including at institutions 
     of higher education and other nonprofit and private sector 
     partners, to evaluate, develop, or improve TEVV capabilities, 
     with rigorous scientific merit, for artificial intelligence 
     systems.
       (iv) Evaluating foundation models for their potential 
     effect in downstream systems, such as when retrained or fine-
     tuned.
       (H) Coordinating with counterpart institutions of 
     international partners and allies to promote global 
     interoperability in the development of research, evaluation, 
     testing, and standards relating to artificial intelligence.
       (I) Developing tools, methodologies, best practices, and 
     voluntary guidelines for identifying vulnerabilities in 
     foundation models.
       (J) Developing tools, methodologies, best practices, and 
     voluntary guidelines for relevant agencies to track incidents 
     resulting in harm caused by artificial intelligence systems.
       (2) Implementation.--The following functions relating to 
     implementation:
       (A) Using publicly available and voluntarily provided 
     information, conducting evaluations to assess the impacts of 
     artificial intelligence systems, and developing guidelines 
     and practices for safe development, deployment, and use of 
     artificial intelligence technology.
       (B) Aligning capability evaluation and red-teaming 
     guidelines and benchmarks, sharing best practices, and 
     coordinating on building testbeds and test environments with 
     allies of the United States and international partners and 
     allies.
       (C) Coordinating vulnerability and incident data sharing 
     with international partners and allies.
       (D) Integrating appropriate testing capabilities and 
     infrastructure for testing of models and systems.
       (E) Establishing blue-teaming capabilities to develop 
     mitigation approaches and partner with industry to address 
     risks and negative impacts.
       (F) Developing voluntary guidelines on--
       (i) detecting synthetic content, authenticating content and 
     tracking of the provenance of content, labeling original and 
     synthetic content, such as by watermarking, and evaluating 
     software and systems relating to detection and labeling of 
     synthetic content;
       (ii) ensuring artificial intelligence systems do not 
     violate privacy rights or other rights; and
       (iii) transparency documentation of artificial intelligence 
     datasets and artificial intelligence models.
       (G) Coordinating with relevant agencies to develop or 
     support, as the heads of the agencies determine appropriate, 
     sector- and application-specific profiles of the Artificial 
     Intelligence Risk Management Framework for different use 
     cases, integrating end-user experience and on-going 
     development work into a continuously evolving toolkit.
       (3) Operations and engagement.--The following functions 
     relating to operations and engagement:
       (A) Managing the work of the Institute, developing internal 
     processes, and ensuring that the Institute meets applicable 
     goals and targets.
       (B) Engaging with the private sector to promote innovation 
     and competitiveness.
       (C) Engaging with international standards organizations, 
     multilateral organizations, and similar institutes among 
     allies and partners.
       (f) Artificial Intelligence Safety Institute Consortium.--
       (1) Establishment.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary shall 
     establish a consortium of stakeholders from academic or 
     research communities, Federal laboratories, private industry, 
     including companies of all sizes with different roles in the 
     use of artificial intelligence systems, including developers, 
     deployers, and users, and civil society with expertise in 
     matters relating to artificial intelligence to support the 
     Institute in carrying out the functions set forth under 
     subsection (e).
       (B) Designation.--The consortium established pursuant to 
     subparagraph (A) shall be known as the ``Artificial 
     Intelligence Safety Institute Consortium''.
       (2) Consultation.--The Under Secretary, acting through the 
     Director, shall consult with the consortium established under 
     this subsection not less frequently than quarterly.
       (3) Report to congress.--Not later than 2 years after the 
     date of the enactment of this Act, the Director of the 
     National Institute of Standards and Technology shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a report 
     summarizing the contributions of the members of the 
     consortium established under this subsection in support the 
     efforts of the Institute.
       (g) Artificial Intelligence System Testing.--In carrying 
     out the Institute functions required by subsection (a), the 
     Under Secretary shall support and contribute to the 
     development of voluntary, consensus-based technical standards 
     for testing artificial intelligence system components, 
     including, as the Under Secretary considers appropriate, the 
     following:
       (1) Physical infrastructure for training or developing 
     artificial intelligence models and systems, including cloud 
     infrastructure.
       (2) Physical infrastructure for operating artificial 
     intelligence systems, including cloud infrastructure.
       (3) Data for training artificial intelligence models.
       (4) Data for evaluating the functionality and 
     trustworthiness of trained artificial intelligence models and 
     systems.
       (5) Trained or partially trained artificial intelligence 
     models and any resulting software systems or products.
       (h) Gifts.--
       (1) Authority.--The Director may seek, accept, hold, 
     administer, and use gifts from public and private sources 
     whenever the Director determines it would be in the interest 
     of the United States to do so.
       (2) Regulations.--The Director, in consultation with the 
     Director of the Office of Government Ethics, shall ensure 
     that authority under this subsection is exercised consistent 
     with all relevant ethical constraints and principles, 
     including--
       (A) the avoidance of any prohibited conflict of interest or 
     appearance of impropriety; and
       (B) a prohibition against the acceptance of a gift from a 
     foreign government or an agent of a foreign government.
       (i) Rule of Construction.--Nothing in this section shall be 
     construed to provide the Director of the National Institute 
     of Standards and Technology any enforcement authority that 
     was not in effect on the day before the date of the enactment 
     of this Act.

     SEC. 102. PROGRAM ON ARTIFICIAL INTELLIGENCE TESTBEDS.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (2) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.
       (3) Institute.--The term ``Institute'' means the Artificial 
     Intelligence Safety Institute established by section 101.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Standards and Technology.
       (b) Program Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Under Secretary shall, 
     in coordination with the Secretary and the Director, 
     establish and commence carrying out a testbed program to 
     encourage collaboration and support partnerships between the 
     National Laboratories, the National Institute of Standards 
     and Technology, the National Artificial Intelligence Research 
     Resource pilot program established by the Director of the 
     National Science Foundation, or any successor program, and 
     public and private sector entities, including companies of 
     all sizes, to conduct research and development, tests, 
     evaluations, and risk assessments of artificial intelligence 
     systems, including measurement methodologies developed by the 
     Institute.
       (c) Activities.--In carrying out this program, the Under 
     Secretary shall, in coordination with the Secretary--
       (1) use the advanced computing resources, testbeds, and 
     expertise of the National Laboratories, the Institute, the 
     National Science Foundation, and private sector entities to 
     run tests and evaluations on the capabilities and limitations 
     of artificial intelligence systems;
       (2) use existing solutions to the maximum extent 
     practicable;
       (3) develop automated and reproducible tests, evaluations, 
     and risk assessments for artificial intelligence systems to 
     the extent that is practicable;
       (4) assess the computational resources necessary to run 
     tests, evaluations, and risk assessments of artificial 
     intelligence systems;
       (5) research methods to effectively minimize the 
     computational resources needed to run tests, evaluations, and 
     risk assessments of artificial intelligence systems;
       (6) consider developing tests, evaluations, and risk 
     assessments for artificial intelligence systems that are 
     designed for high-, medium-, and low-computational intensity; 
     and
       (7) prioritize identifying and evaluating scenarios in 
     which the artificial intelligence systems tested or evaluated 
     by a testbed could be deployed in a way that poses security 
     risks, and either establishing classified testbeds, or 
     utilizing existing classified testbeds, at the National 
     Laboratories if necessary, including with respect to--
       (A) autonomous offensive cyber capabilities;
       (B) cybersecurity vulnerabilities in the artificial 
     intelligence software ecosystem and beyond;
       (C) chemical, biological, radiological, nuclear, critical 
     infrastructure, and energy-security threats or hazards; and
       (D) such other capabilities as the Under Secretary 
     determines necessary.
       (d) Consideration Given.--In carrying out the activities 
     required by subsection (c), the

[[Page S5371]]

     Under Secretary shall, in coordination with the Secretary, 
     take under consideration the applicability of any tests, 
     evaluations, and risk assessments to artificial intelligence 
     systems trained using primarily biological sequence data, 
     including those systems used for gene synthesis.
       (e) Metrics.--The Under Secretary, in collaboration with 
     the Secretary, shall develop metrics--
       (1) to assess the effectiveness of the program in 
     encouraging collaboration and supporting partnerships as 
     described in subsection (b); and
       (2) to assess the impact of the program on public and 
     private sector integration and use of artificial intelligence 
     systems.
       (f) Use of Existing Program.--In carrying out the program 
     required by subsection (a), the Under Secretary may, in 
     collaboration with the Secretary and the Director, use a 
     program that was in effect on the day before the date of the 
     enactment of this Act.
       (g) Evaluation and Findings.--Not later than 3 years after 
     the start of this program, the Under Secretary shall, in 
     collaboration with the Secretary--
       (1) evaluate the success of the program in encouraging 
     collaboration and supporting partnerships as described in 
     subsection (b), using the metrics developed pursuant to 
     subsection (e);
       (2) evaluate the success of the program in encouraging 
     public and private sector integration and use of artificial 
     intelligence systems by using the metrics developed pursuant 
     to subsection (e); and
       (3) submit to the appropriate committees of Congress the 
     evaluation supported pursuant to paragraph (1) and the 
     findings of the Under Secretary, the Secretary, and the 
     Director with respect to the testbed program.
       (h) Consultation.--In carrying out subsection (b), the 
     Under Secretary shall consult, as the Under Secretary 
     considers appropriate, with the following:
       (1) Industry, including private artificial intelligence 
     laboratories, companies of all sizes, and representatives 
     from the United States financial sector.
       (2) Academia and institutions of higher education.
       (3) Civil society.
       (4) Third-party evaluators.
       (i) Establishment of Foundation Models Test Program.--In 
     carrying out the program under subsection (b), the Under 
     Secretary shall, acting through the Director of the Institute 
     and in coordination with the Secretary of Energy, carry out a 
     test program to provide vendors of foundation models the 
     opportunity to voluntarily test foundation models across a 
     range of modalities, such as models that ingest and output 
     text, images, audio, video, software code, and mixed 
     modalities, relative to the Artificial Intelligence Risk 
     Management Framework, by--
       (1) conducting research and regular testing to improve and 
     benchmark the accuracy, efficacy, and bias of foundation 
     models;
       (2) conducting research to identify key capabilities, 
     limitations, and unexpected behaviors of foundation models;
       (3) identifying and evaluating scenarios in which these 
     models could pose risks;
       (4) establishing reference use cases for foundation models 
     and performance criteria for assessing each use case, 
     including accuracy, efficacy, and bias metrics;
       (5) enabling developers and deployers of foundation models 
     to evaluate such systems for risks, incidents, and 
     vulnerabilities if deployed in such use cases;
       (6) coordinating public evaluations, which may include 
     prizes and challenges, to evaluate foundation models; and
       (7) as the Under Secretary and the Secretary consider 
     appropriate, producing public-facing reports of the findings 
     from such testing for a general audience.
       (j) Rule of Construction.--Nothing in this section shall be 
     construed to require a person to disclose any information, 
     including information--
       (1) relating to a trade secret or other protected 
     intellectual property right;
       (2) that is confidential business information; or
       (3) that is privileged.

     SEC. 103. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY AND 
                   DEPARTMENT OF ENERGY TESTBED TO IDENTIFY, TEST, 
                   AND SYNTHESIZE NEW MATERIALS.

       (a) Testbed Authorized.--The Secretary of Commerce, acting 
     through the Director of the National Institute of Standards 
     and Technology, and the Secretary of Energy shall jointly 
     establish a testbed to identify, test, and synthesize new 
     materials to advance materials science and to support 
     advanced manufacturing for the benefit of the United States 
     economy through the use of artificial intelligence, 
     autonomous laboratories, and artificial intelligence 
     integrated with emerging technologies, such as quantum hybrid 
     computing and robotics.
       (b) Support for Accelerated Technologies.--The Secretary of 
     Commerce and the Secretary of Energy shall ensure that 
     technologies accelerated using the testbed established 
     pursuant to subsection (a) are supported by advanced 
     algorithms and models, uncertainty quantification, and 
     software and workforce development tools to produce benchmark 
     data, model comparison tools, and best practices guides.
       (c) Public-Private Partnerships.--In carrying out 
     subsection (a), the Secretary of Commerce and the Secretary 
     of Energy shall, in consultation with industry, civil 
     society, and academia, enter into such public-private 
     partnerships as the Secretaries jointly determine 
     appropriate.
       (d) Resources.--In carrying out subsection (a), the 
     Secretaries may use resources from National Laboratories and 
     the private sector.

     SEC. 104. NATIONAL SCIENCE FOUNDATION AND DEPARTMENT OF 
                   ENERGY COLLABORATION TO MAKE SCIENTIFIC 
                   DISCOVERIES THROUGH THE USE OF ARTIFICIAL 
                   INTELLIGENCE.

       (a) In General.--The Director of the National Science 
     Foundation (referred to in this section as the ``Director'') 
     and the Secretary of Energy (referred to in this section as 
     the ``Secretary'') shall collaborate to support new 
     translational scientific discoveries and advancements for the 
     benefit of the economy of the United States through the use 
     of artificial intelligence, including artificial intelligence 
     integrated with emerging technologies, such as quantum hybrid 
     computing and robotics.
       (b) Public-Private Partnerships.--In carrying out 
     subsection (a), the Director and the Secretary shall enter 
     into such public-private partnerships as the Director and the 
     Secretary jointly determine appropriate.
       (c) Resources.--In carrying out subsection (a), the 
     Director and the Secretary may accept and use resources from 
     the National Laboratories, resources from the private sector, 
     and academic resources.

     SEC. 105. PROGRESS REPORT.

       Not later than 1 year after the date of the enactment of 
     this Act, the Director of the Artificial Intelligence Safety 
     Institute shall, in coordination with the Secretary of 
     Commerce and the Secretary of Energy, submit to Congress a 
     report on the implementation of this subtitle.

                 Subtitle B--International Cooperation

     SEC. 111. INTERNATIONAL COALITION ON INNOVATION, DEVELOPMENT, 
                   AND HARMONIZATION OF STANDARDS WITH RESPECT TO 
                   ARTIFICIAL INTELLIGENCE.

       (a) In General.--The Secretary of Commerce, the Secretary 
     of State, and the Director of the Office of Science and 
     Technology Policy (in this section referred to as the 
     ``Director''), in consultation with the heads of relevant 
     agencies, shall jointly seek to form an alliance or coalition 
     with like-minded governments of foreign countries--
       (1) to cooperate on approaches to innovation and 
     advancements in artificial intelligence and ecosystems for 
     artificial intelligence;
       (2) to coordinate on development and use of interoperable 
     international standards or harmonization of standards with 
     respect to artificial intelligence;
       (3) to promote adoption of common artificial intelligence 
     standards;
       (4) to develop the government-to-government infrastructure 
     needed to facilitate coordination of coherent global 
     application of artificial intelligence safety standards, 
     including, where appropriate, putting in place agreements for 
     information sharing between governments; and
       (5) to involve private-sector stakeholders from partner 
     countries to help inform coalition partners on recent 
     developments in artificial intelligence and associated 
     standards development.
       (b) Criteria for Participation.--In forming an alliance or 
     coalition of like-minded governments of foreign countries 
     under subsection (a), the Secretary of Commerce, the 
     Secretary of State, and the Director, in consultation with 
     the heads of relevant agencies, shall jointly establish 
     technology trust criteria--
       (1) to ensure all participating countries that have a high 
     level of scientific and technological advancement;
       (2) to ensure all participating countries commit to using 
     open international standards; and
       (3) to support the governance principles for international 
     standards as detailed in the World Trade Organization 
     Agreement on Technical Barriers to Trade, done at Geneva 
     April 12, 1979, on international standards, such as 
     transparency, openness, and consensus-based decision-making.
       (c) Consultation on Innovation and Advancements in 
     Artificial Intelligence.--In forming an alliance or coalition 
     under subsection (a), the Director, the Secretary of 
     Commerce, and the Secretary of State shall consult with the 
     Secretary of Energy and the Director of the National Science 
     Foundation on approaches to innovation and advancements in 
     artificial intelligence.
       (d) Security and Protection of Intellectual Property.--The 
     Director, the Secretary of Commerce, and the Secretary of 
     State shall jointly ensure that an alliance or coalition 
     formed under subsection (a) is only formed with countries 
     that--
       (1) have in place sufficient intellectual property 
     protections, safety standards, and risk management approaches 
     relevant to innovation and artificial intelligence; and
       (2) develop and coordinate research security measures, 
     export controls, and intellectual property protections 
     relevant to innovation, development, and standard-setting 
     relating to artificial intelligence.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit anyone from participating in other 
     international standards bodies.

[[Page S5372]]

  


     SEC. 112. REQUIREMENT TO SUPPORT BILATERAL AND MULTILATERAL 
                   ARTIFICIAL INTELLIGENCE RESEARCH 
                   COLLABORATIONS.

       (a) In General.--The Director of the National Science 
     Foundation shall support bilateral and multilateral 
     collaborations to facilitate innovation in research and 
     development of artificial intelligence.
       (b) Alignment With Priorities.--The Director shall ensure 
     that collaborations supported under subsection (a) align with 
     the priorities of the Foundation and United States research 
     community and have the potential to benefit United States 
     prosperity, security, health, and well-being.
       (c) Requirements.--The Director shall ensure that 
     collaborations supported under subsection (a)--
       (1) support innovation and advancement in research on the 
     development and use of artificial intelligence;
       (2) facilitate international collaboration on innovation 
     and advancement in artificial intelligence research and 
     development, including data sharing, expertise, and 
     resources; and
       (3) leverage existing National Science Foundation programs, 
     such as the National Science Foundation-supported National 
     Artificial Intelligence Research Institutes and Global 
     Centers programs.
       (d) Coordination of Security Measures and Export 
     Controls.--When entering into agreements in order to support 
     collaborations pursuant to subsection (a), the Director shall 
     ensure that participating countries have developed and 
     coordinated security measures and export controls to protect 
     intellectual property and research and development.

       Subtitle C--Identifying Regulatory Barriers to Innovation

     SEC. 121. COMPTROLLER GENERAL OF THE UNITED STATES 
                   IDENTIFICATION OF RISKS AND OBSTACLES RELATING 
                   TO ARTIFICIAL INTELLIGENCE AND FEDERAL 
                   AGENCIES.

       (a) Report Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report on regulatory 
     impediments to innovation in artificial intelligence systems.
       (b) Contents.--The report submitted pursuant to subsection 
     (a) shall include the following:
       (1) Significant examples of Federal statutes and 
     regulations that directly affect the innovation of artificial 
     intelligence systems, including the ability of companies of 
     all sizes to compete in artificial intelligence, which should 
     also account for the effect of voluntary standards and best 
     practices developed by the Federal Government.
       (2) An assessment of challenges that Federal agencies face 
     in the enforcement of provisions of law identified pursuant 
     to paragraph (1).
       (3) An evaluation of the progress in government adoption of 
     artificial intelligence and use of artificial intelligence to 
     improve the quality of government services.
       (4) Based on the findings of the Comptroller General with 
     respect to paragraphs (1) through (4), such recommendations 
     as the Comptroller General may have for legislative or 
     administrative action to increase the rate of innovation in 
     artificial intelligence systems.

   TITLE II--ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, CAPACITY 
                          BUILDING ACTIVITIES

     SEC. 201. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE SYSTEMS.

       (a) List of Priorities.--
       (1) In general.--To expedite the development of artificial 
     intelligence systems in the United States, the Director of 
     the Office of Science and Technology Policy shall, acting 
     through the National Science and Technology Council and the 
     Interagency Committee established or designated pursuant to 
     section 5103 of the National Artificial Intelligence 
     Initiative Act of 2020 (15 U.S.C. 9413), develop a list of 
     priorities for Federal investment in creating or improving 
     curated, publicly available Federal Government data for 
     training and evaluating artificial intelligence systems.
       (2) Requirements.--
       (A) In general.--The list developed pursuant to paragraph 
     (1) shall--
       (i) prioritize data that will advance novel artificial 
     intelligence systems in the public interest; and
       (ii) prioritize datasets unlikely to independently receive 
     sufficient private sector support to enable their creation, 
     absent Federal funding.
       (B) Datasets identified.--In carrying out subparagraph 
     (A)(ii), the Director shall identify 20 datasets to be 
     prioritized.
       (3) Considerations.--In developing the list under paragraph 
     (1), the Director shall consider the following:
       (A) Applicability to the initial list of societal, 
     national, and geostrategic challenges set forth by subsection 
     (b) of section 10387 of the Research and Development, 
     Competition, and Innovation Act (42 U.S.C. 19107), or any 
     successor list.
       (B) Applicability to the initial list of key technology 
     focus areas set forth by subsection (c) of such section, or 
     any successor list.
       (C) Applicability to other major United States economic 
     sectors, such as agriculture, health care, transportation, 
     manufacturing, communications, weather services, and positive 
     utility to small and medium United States businesses.
       (D) Opportunities to improve datasets in effect before the 
     date of the enactment of this Act.
       (E) Inclusion of data representative of the entire 
     population of the United States.
       (F) Potential national security threats to releasing 
     datasets, consistent with the United States Government 
     approach to data flows.
       (G) Requirements of laws in effect.
       (H) Applicability to the priorities listed in the National 
     Artificial Intelligence Research and Development Strategic 
     Plan of the National Science and Technology Council, dated 
     October 2016.
       (I) Ability to use data already made available to the 
     National Artificial Intelligence Research Resource Pilot 
     program or any successor program.
       (4) Public input.--Before finalizing the list required by 
     paragraph (1), the Director shall implement public comment 
     procedures for receiving input and comment from private 
     industry, academia, civil society, and other relevant 
     stakeholders.
       (b) National Science and Technology Council Agencies.--The 
     head of each agency with a representative included in the 
     Interagency Committee pursuant to section 5103(c) of the 
     National Artificial Intelligence Initiative Act of 2020 (15 
     U.S.C. 9413(c)) or the heads of multiple agencies with a 
     representative included in the Interagency Committee working 
     cooperatively, consistent with the missions or 
     responsibilities of each Executive agency--
       (1) subject to the availability of appropriations, shall 
     award grants or otherwise establish incentives, through new 
     or existing programs, for the creation or improvement of 
     curated datasets identified in the list developed pursuant to 
     subsection (a)(1), including methods for addressing data 
     scarcity;
       (2) may establish or leverage existing initiatives, 
     including public-private partnerships, to encourage private 
     sector cost-sharing in the creation or improvement of such 
     datasets;
       (3) may apply the priorities set forth in the list 
     developed pursuant to subsection (a)(1) to the enactment of 
     Federal public access and open government data policies;
       (4) in carrying out this subsection, shall ensure 
     consistency with Federal provisions of law relating to 
     privacy, including the technology and privacy standards 
     applied to the National Secure Data Service under section 
     10375(f) of the Research and Development, Competition, and 
     Innovation Act (42 U.S.C. 19085(f)); and
       (5) in carrying out this subsection, shall ensure data 
     sharing is limited with any country that the Secretary of 
     Commerce, in consultation with the Secretary of Defense, the 
     Secretary of State, and the Director of National 
     Intelligence, determines to be engaged in conduct that is 
     detrimental to the national security or foreign policy of the 
     United States.
       (c) Availability of Datasets.--Datasets that are created or 
     improved by Federal agencies may be made available to the 
     National Artificial Intelligence Research Resource pilot 
     program established by the Director of the National Science 
     Foundation in accordance with Executive Order 14110 (88 Fed. 
     Reg. 75191; relating to safe, secure, and trustworthy 
     development and use of artificial intelligence), or any 
     successor program.
       (d) Rule of Construction.--Nothing in this subsection shall 
     be construed to require the Federal Government or other 
     contributors to disclose any information--
       (1) relating to a trade secret or other protected 
     intellectual property right;
       (2) that is confidential business information; or
       (3) that is privileged.

     SEC. 202. FEDERAL GRAND CHALLENGES IN ARTIFICIAL 
                   INTELLIGENCE.

       (a) List of Priorities for Federal Grand Challenges in 
     Artificial Intelligence.--
       (1) List required.--Not later than 1 year after the date of 
     the enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall, acting through the 
     National Science and Technology Council and the Interagency 
     Committee established or designated pursuant to section 5103 
     of the National Artificial Intelligence Initiative Act of 
     2020 (15 U.S.C. 9413), in consultation with industry, civil 
     society, and academia, establish a list of priorities for 
     Federal grand challenges in artificial intelligence that 
     seek--
       (A) to expedite the development of artificial intelligence 
     systems in the United States; and
       (B) to stimulate artificial intelligence research, 
     development, and commercialization that solves or advances 
     specific, well-defined, and measurable challenges.
       (2) Contents.--The list established pursuant to paragraph 
     (1) may include the following priorities:
       (A) To overcome challenges with engineering of and applied 
     research on microelectronics, including through integration 
     of artificial intelligence with emerging technologies, such 
     as machine learning and quantum computing, or with respect to 
     the physical limits on transistors, electrical interconnects, 
     and memory elements.
       (B) To promote transformational or long-term advancements 
     in computing and artificial intelligence technologies 
     through--
       (i) next-generation algorithm design;
       (ii) next-generation compute capability;
       (iii) generative and adaptive artificial intelligence for 
     design applications;

[[Page S5373]]

       (iv) photonics-based microprocessors and optical 
     communication networks, including electrophotonics;
       (v) the chemistry and physics of new materials;
       (vi) energy use or energy efficiency;
       (vii) techniques to establish cryptographically secure 
     content provenance information; or
       (viii) safety and controls for artificial intelligence 
     applications.
       (C) To develop artificial intelligence solutions, including 
     through integration among emerging technologies such as 
     quantum computing and machine learning, to overcome barriers 
     relating to innovations in advanced manufacturing in the 
     United States, including areas such as--
       (i) materials, nanomaterials, and composites;
       (ii) rapid, complex design;
       (iii) sustainability and environmental impact of 
     manufacturing operations;
       (iv) predictive maintenance of machinery;
       (v) improved part quality;
       (vi) process inspections;
       (vii) worker safety; and
       (viii) robotics.
       (D) To develop artificial intelligence solutions in sectors 
     of the economy, such as expanding the use of artificial 
     intelligence in maritime vessels, including in navigation and 
     in the design of propulsion systems and fuels.
       (E) To develop artificial intelligence solutions to improve 
     border security, including solutions relevant to the 
     detection of fentanyl, illicit contraband, and other illegal 
     activities.
       (3) Periodic updates.--The Director shall update the list 
     established pursuant to paragraph (1) periodically as the 
     Director determines necessary.
       (b) Federal Investment Initiatives Required.--Subject to 
     the availability of appropriations, the head of each agency 
     with a representative on the Interagency Committee pursuant 
     to section 5103(c) of the National Artificial Intelligence 
     Initiative Act of 2020 (15 U.S.C. 9413(c)) or the heads of 
     multiple agencies with a representative on the Interagency 
     Committee working cooperatively, shall, consistent with the 
     missions or responsibilities of each agency, establish 1 or 
     more prize competitions under section 24 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), 
     challenge-based acquisitions, or other research and 
     development investments that each agency head deems 
     appropriate consistent with the list of priorities 
     established pursuant to subsection (a)(1).
       (c) Timing and Announcements of Federal Investment 
     Initiatives.--The President, acting through the Director, 
     shall ensure that, not later than 1 year after the date on 
     which the Director establishes the list required by 
     subsection (a)(1), at least 3 prize competitions, challenge-
     based acquisitions, or other research and development 
     investments are announced by heads of Federal agencies under 
     subsection (b).
       (d) Requirements.--Each head of an agency carrying out an 
     investment initiative under subsection (b) shall ensure 
     that--
       (1) for each prize competition or investment initiative 
     carried out by the agency under such subsection, there is--
       (A) a positive impact on the economic competitiveness of 
     the United States;
       (B) a benefit to United States industry;
       (C) to the extent possible, leveraging of the resources and 
     expertise of industry and philanthropic partners in shaping 
     the investments; and
       (D) in a case involving development and manufacturing, use 
     of advanced manufacturing in the United States; and
       (2) all research conducted for purposes of the investment 
     initiative is conducted in the United States.
                                 ______
                                 
  SA 3072. Mr. CRAMER (for himself and Mr. Kelly) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. AMENDMENTS TO THE FEDERAL ASSETS SALE AND TRANSFER 
                   ACT OF 2016.

       (a) Purposes.--Section 2 of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended--
       (1) in paragraph (9), by striking ``and'' at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(11) implementing innovative methods for the sale, 
     redevelopment, consolidation, or lease of Federal buildings 
     and facilities, including the use of no cost, nonappropriated 
     contracts for expert real estate services to obtain the 
     highest and best value for the taxpayer.''.
       (b) Definitions.--Section 3(5)(B)(viii) of the Federal 
     Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; 
     Public Law 114-287) is amended by inserting ``, other than 
     office buildings and warehouses,'' after ``Properties''.
       (c) Board.--Section 4(c)(3) of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended--
       (1) by striking ``The term'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), the term''; 
     and
       (2) by adding at the end the following:
       ``(B) Limitation.--Notwithstanding subparagraph (A), the 
     term of a member of the Board shall continue beyond 6 years 
     until such time as the President appoints a replacement 
     member of the Board.''.
       (d) Board Meetings.--Section 5(b) of the Federal Assets 
     Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public 
     Law 114-287) is amended by striking ``Five Board members'' 
     and inserting ``4 Board members''.
       (e) Executive Director.--Section 7 of the Federal Assets 
     Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public 
     Law 114-287) is amended by adding at the end the following:
       ``(c) Return to Civil Service.--An Executive Director 
     selected from the civil service (as defined in section 2101 
     of title 5, United States Code) shall be entitled to return 
     to the civil service (as so defined) after service to the 
     Board ends if the service of the Executive Director to the 
     Board ends for reasons other than misconduct, neglect of 
     duty, or malfeasance.''.
       (f) Staff.--Section 8 of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended--
       (1) in subsection (b)--
       (A) by striking ``and the Director of OMB''; and
       (B) by inserting ``for a period of not less than 1 year'' 
     before ``to assist the Board'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Hiring of Term Employees.--The Executive Director, 
     with approval of the Board, may use the Office of Personnel 
     Management to hire employees for terms not to exceed 2 years 
     pursuant to the Office of Personnel Management guidance for 
     nonstatus appointments in the competitive service.''.
       (g) Termination.--Section 10 of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended by striking ``6 years after the date on which 
     the Board members are appointed pursuant to section 4'' and 
     inserting ``on December 31, 2026''.
       (h) Development of Recommendations to Board.--Section 11 of 
     the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 
     1303 note; Public Law 114-287) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``the Administrator and the Director of OMB'' and inserting 
     ``the Administrator, the Director of OMB, and the Board'';
       (B) in paragraph (1)--
       (i) by striking ``and square'' and inserting ``number of 
     Federal employees physically reporting to the respective 
     property each work day, square''; and
       (ii) by inserting ``, amount of acreage associated with the 
     respective property, and whether the respective property is 
     on a campus or larger facility, other than Federal civilian 
     real properties excluded for reasons of national security in 
     accordance with section 3(5)(B)(iii)'' before the period at 
     the end; and
       (C) by adding at the end the following:
       ``(3) Consolidation plans.--Any Federal agency plans to 
     consolidate, reconfigure, or otherwise reduce the use of 
     owned and leased Federal civilian real property of the 
     Federal agency if those plans are estimated to further the 
     purposes of this Act as described in section 2.'';
       (2) in subsection (b)(3)(J), by inserting ``, including 
     access by members of federally recognized Indian Tribes,'' 
     after ``public access''; and
       (3) by adding at the end the following:
       ``(e) Disclosure of Information.--The Board may not 
     publicly disclose any information received under paragraph 
     (2) or (3) of subsection (a) until the Board, the 
     Administrator, and the Director of OMB enter into an 
     agreement describing what information is ready to be publicly 
     disclosed.''.
       (i) Board Duties.--Section 12 of the Federal Assets Sale 
     and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 
     114-287) is amended--
       (1) in subsection (b)(2), by striking the second sentence 
     and inserting the following: ``In the case of a failure by a 
     Federal agency to comply with a request of the Board, the 
     Board shall notify the committees listed in section 5(c), the 
     relevant congressional committees of jurisdiction for the 
     Federal agency, and the inspector general of the Federal 
     agency of that failure.'';
       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``, Tribal,'' after 
     ``State''; and
       (B) in paragraph (2), by inserting ``, Tribal,'' after 
     ``State'';
       (3) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively;
       (4) by inserting after subsection (c) the following:
       ``(d) Preparation of Properties for Disposal.--At the 
     request of, and in coordination with, the Board, a Federal 
     agency may undertake any analyses and due diligence as 
     necessary, to supplement the independent analysis of the 
     Board under subsection (c), to prepare a property for 
     disposition so that the property may be included in the 
     recommendations of the Board under subsection (h), including 
     completion of the requirements of section 306108 of title 54, 
     United

[[Page S5374]]

     States Code, for historic preservation and identification of 
     the likely highest and best use of the property subsequent to 
     disposition.'';
       (5) in subsection (h) (as so redesignated)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) the process to be followed by Federal agencies to 
     carry out the actions described in subparagraph (A), 
     including the use of no cost, nonappropriated contracts for 
     expert real estate services and other innovative methods, to 
     obtain the highest and best value for the taxpayer; and''; 
     and
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Third round.--During the period beginning on the day 
     after the transmittal of the second report and ending on the 
     day before the date on which the Board terminates under 
     section 10, the Board shall transmit to the Director of OMB a 
     third report required under paragraph (1).''; and
       (C) by adding at the end the following:
       ``(4) Community notification.--45 days before the date on 
     which the Board transmits the third report required under 
     paragraph (1), the Board shall notify--
       ``(A) any State or local government of any findings, 
     conclusions, or recommendations contained in that report that 
     relate to a Federal civilian real property located in the 
     State or locality, as applicable; and
       ``(B) any federally recognized Indian Tribe of any 
     findings, conclusions, or recommendations contained in that 
     report that relate to a Federal civilian real property that--
       ``(i) is in close geographic proximity to a property 
     described in section 3(5)(B)(v); or
       ``(ii) relates to a Federal civilian real property that is 
     known to be accessed at regular frequency by members of the 
     federally recognized Indian Tribe for other reasons.''; and
       (6) by adding at the end the following:
       ``(k) Report to Congress.--The Board shall periodically 
     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 
     containing any recommendations on consolidations, exchanges, 
     sales, lease reductions, and redevelopments that are not 
     included in the transmissions submitted under subsection (h), 
     or approved by the Director of OMB under section 13, but that 
     the majority of the Board concludes meets the goals of this 
     Act.''.
       (j) Review by OMB.--Section 13 of the Federal Assets Sale 
     and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 
     114-287) is amended--
       (1) in subsection (a), by striking ``subsections (b) and 
     (g)'' and inserting ``subsections (b) and (h)''; and
       (2) in subsection (c)(4)--
       (A) by inserting ``, in whole or in part,'' before 
     ``received under paragraph (3)''; and
       (B) by striking ``revised'' the second place it appears.
       (k) Agency Retention of Records.--Section 20 of the Federal 
     Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; 
     Public Law 114-287) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Effective Date.--The provisions of this section, 
     including the amendments made by this section, shall take 
     effect on the date on which the Board transmits the second 
     report under section 12(h)(2)(B) and shall apply to proceeds 
     from--
       ``(1) transactions contained in that report; and
       ``(2) any transactions conducted after the date on which 
     the Board terminates under section 10.''.
       (l) Federal Real Property Database.--Section 21(b) of the 
     Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 
     note; Public Law 114-287) is amended by adding at the end the 
     following:
       ``(9)(A) Whether the Federal real property is on a campus 
     or similar facility; and
       ``(B) if applicable, identification of the campus or 
     facility and related details, including total acreage of the 
     campus or facility.''.
       (m) Access to Federal Real Property Council Meetings and 
     Reports.--
       (1) In general.--The Federal Assets Sale and Transfer Act 
     of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended 
     by adding at the end the following:

     ``SEC. 26. ACCESS TO FEDERAL REAL PROPERTY COUNCIL MEETINGS 
                   AND REPORTS.

       ``The Federal Real Property Council established by 
     subsection (a) of section 623 of title 40, United States 
     Code, shall ensure that the Board has access to any meetings 
     of the Federal Real Property Council and any reports required 
     under that section, subject to the condition that the Board 
     enters into a memorandum of understanding relating to public 
     disclosure with the Administrator and the Federal Real 
     Property Council before the Board has access to those 
     meetings and reports.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of the Federal Assets Sale and Transfer Act of 2016 
     (Public Law 114-287; 130 Stat. 1463) is amended by inserting 
     after the item relating to section 25 the following:

``Sec. 26. Access to Federal Real Property Council meetings and 
              reports.''.
       (n) Conforming Amendments.--
       (1) Section 3(9) of the Federal Assets Sale and Transfer 
     Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is 
     amended by striking ``section 12(e)'' and inserting ``section 
     12(f)''.
       (2) Section 14(g)(1)(A) of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended by striking ``section 12(g)'' and inserting 
     ``section 12(h)''.
       (o) Technical Amendments.--
       (1) Section 16(b)(1) of the Federal Assets Sale and 
     Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114-
     287) is amended, in the second sentence, by striking ``of 
     General Services''.
       (2) Section 21(a) of the Federal Assets Sale and Transfer 
     Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is 
     amended by striking ``of General Services''.
       (3) Section 24 of the Federal Assets Sale and Transfer Act 
     of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is amended, 
     in each of subsections (a), (b), and (c), by striking ``of 
     General Services''.
       (4) Section 25(b) of the Federal Assets Sale and Transfer 
     Act of 2016 (40 U.S.C. 1303 note; Public Law 114-287) is 
     amended by striking ``of General Services''.
                                 ______
                                 
  SA 3073. Mr. HEINRICH (for himself, Mr. Rounds, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. __. NET ASSESSMENT OF ARTIFICIAL GENERAL INTELLIGENCE.

       (a) Study.--The Secretary of Defense shall, acting through 
     the Office of Net Assessment, conduct a study to analyze the 
     impact of future developments in artificial general 
     intelligence on the military readiness and economic 
     competitiveness of the United States.
       (b) Scenarios.--
       (1) In general.--In conducting the study required by 
     subsection (a), the Secretary shall analyze multiple 
     scenarios in which a specified artificial intelligence 
     capability is assumed to exist and the goal is to understand 
     what the implications would be on the United States military 
     and the broader United States economy.
       (2) Levels of capability.--Each scenario analyzed under 
     paragraph (1) shall assume the existence of a certain level 
     of capability to perform intellectual or physical tasks using 
     software or hardware, but without human involvement, and may 
     assume a specific cost of this artificial intelligence 
     capability, such as the ability to perform all job tasks that 
     a typical human would perform at a specified price.
       (3) Dynamic capabilities.--Scenarios analyzed under this 
     subsection may allow the capabilities of artificial 
     intelligence systems to increase over time instead of 
     remaining fixed.
       (c) Properties.--The study conducted under subsection (a) 
     shall have the following properties:
       (1) A taxonomy of levels of artificial general 
     intelligence. To the degree possible, such taxonomy shall be 
     developed in conjunction with relevant experts in the Federal 
     Government or outside of government and shall be as 
     consistent as possible with any similar taxonomy developed by 
     such experts.
       (2) At least one scenario under subsection (b) shall assume 
     the existence of an artificial general intelligence system 
     that is more intelligent than any human.
       (d) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the findings of 
     the Secretary with respect to the study conducted under 
     subsection (a).
       (2) Form.--The report submitted pursuant to paragraph (1) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (e) Briefing.--Not later than 30 days after the date of the 
     submittal of the report under subsection (d), the Secretary 
     shall provide the congressional defense committees a briefing 
     on the main findings of the Secretary with respect to the 
     study conducted under subsection (a).
                                 ______
                                 
  SA 3074. Mr. HEINRICH (for himself, Mr. Rounds, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XXXI, add the following:

     SEC. 3123. ARTIFICIAL INTELLIGENCE AND NATIONAL NUCLEAR 
                   SECURITY.

       (a) Requirements on Commercial Artificial Intelligence 
     Providers.--
       (1) In general.--Any commercial cloud computing service 
     that provides unclassified

[[Page S5375]]

     access to artificial intelligence systems on its platform, 
     and which in general offers software services in a classified 
     computing environment to the National Nuclear Security 
     Administration or the Department of Defense, shall, at the 
     request of the Administrator, offer a particular artificial 
     intelligence system in a classified computing environment at 
     no cost to the National Nuclear Security Administration, upon 
     a determination by the Administrator that the specified 
     artificial intelligence system is relevant for performing 
     evaluations of risks posed to national nuclear security by 
     that artificial intelligence system, or similar artificial 
     intelligence systems.
       (2) Assistance.--Developers of any such artificial 
     intelligence systems shall provide any necessary design and 
     engineering assistance necessary to support the usage of 
     those systems in the classified computing environment.
       (b) Briefing.--Not later than 90 days after the date of the 
     enactment of this Act, the Administrator for Nuclear Security 
     shall provide to the congressional defense committees a 
     classified briefing that includes--
       (1) a description of the work performed by the National 
     Nuclear Security Administration in response to Executive 
     Order 14110 (88 Fed. Reg. 75191; relating to safe, secure, 
     and trustworthy development and use of artificial 
     intelligence) and the evaluations conducted pursuant to 
     subsection (a) to understand the national security risks 
     posed by artificial intelligence;
       (2) a description of the extent to which commercial and 
     open source artificial intelligence systems can generate 
     sensitive or classified information about nuclear weapons, 
     and whether any such systems are developed using classified 
     information;
       (3) a description of the status of authorities for running 
     commercial and open source artificial intelligence systems on 
     classified computational infrastructure;
       (4) a summary of potential risk mitigation and response 
     options in the event that Restricted Data (as that term is 
     defined in section 11 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014)) is discovered on, or generated by, commercial 
     or open source artificial intelligence systems;
       (5) recommendations regarding the infrastructure and 
     personnel needed to continue to evaluate the national 
     security risks of artificial intelligence systems; and
       (6) recommendations on the legal authorities needed by the 
     National Nuclear Security Administration to address national 
     security risks of artificial intelligence systems.
                                 ______
                                 
  SA 3075. Mr. THUNE (for Mr. Lee) submitted an amendment intended to 
be proposed by Mr. Thune 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; which was ordered to lie on the table; 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--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.

              TITLE II--CHILDREN AND TEEN'S 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 IV--SCREEN ACT

Sec. 401. Short title.
Sec. 402. Findings; sense of Congress.
Sec. 403. Definitions.
Sec. 404. Technology verification measures.
Sec. 405. Consultation requirements.
Sec. 406. Commission requirements.
Sec. 407. Enforcement.
Sec. 408. GAO report.
Sec. 409. Severability clause.

                      TITLE I--KIDS ONLINE SAFETY

     SEC. 101. DEFINITIONS.

       In this title:
       (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--
       (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'' means 
     information sufficient to identify street name and name of a 
     city or town.
       (6) Individual-specific advertising to minors.--
       (A) In general.--The term ``individual-specific advertising 
     to minors'' means advertising or any other effort to market a 
     product or service that is directed to a specific minor or a 
     device that is linked or reasonably linkable to a minor based 
     on--
       (i) the personal data of--

       (I) the minor; or
       (II) a group of minors who are similar in sex, age, income 
     level, race, or ethnicity to the specific minor to whom the 
     product or service is marketed;

       (ii) profiling of a minor or group of minors; or
       (iii) a unique identifier of the device.
       (B) Exclusions.--The term ``individual-specific advertising 
     to minors'' 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 minor's 
     current search query;
       (ii) contextual advertising, such as when an advertisement 
     is displayed based on the content of the covered platform on 
     which the advertisement appears and does not vary based on 
     personal data related to the viewer;
       (iii) processing personal data 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 a covered platform that knows 
     an individual is under the age of 17 from delivering 
     advertising or marketing that is age-appropriate for the 
     individual involved and intended for a child or teen audience 
     (as applicable), so long as the covered platform does not use 
     any personal data other than whether the user is under the 
     age of 17 to deliver such advertising or marketing.
       (7) Know or knows.--The term ``know'' or ``knows'' means to 
     have actual knowledge or

[[Page S5376]]

     knowledge fairly implied on the basis of objective 
     circumstances.
       (8) 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).
       (9) 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.
       (10) Minor.--The term ``minor'' means an individual who is 
     under the age of 17.
       (11) 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.
       (12) Online video game.--The term ``online video game'' 
     means a video game, including an educational video game, that 
     connects to the internet and that--
       (A) allows a user to--
       (i) 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;
       (ii) engage in microtransactions within the game; or
       (iii) communicate with other users; or
       (B) incorporates individual-specific advertising to minors.
       (13) 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).
       (14) 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).
       (15) 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.
       (16) 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.
       (D) Sex trafficking of children, as described in section 
     1591 of title 18, United States Code.
       (17) 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, 
     content that is distributed with the intent to exacerbate 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) Promotion and marketing of obscene matter (as that term 
     is used in section 1470 of title 18, United States Code).
       (7) 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) Options.--A covered platform shall provide a user that 
     the covered platform knows is a minor with readily-accessible 
     and easy-to-use options to--
       (A) delete the minor's account and delete any personal data 
     collected from, or shared by, the minor on the covered 
     platform; or
       (B) 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

[[Page S5377]]

     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 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 personal data and safeguards for 
     minors;
       (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 parental 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 parental consent as required.
       (3) Consolidated notices.--For purposes of this title, a 
     covered platform may consolidate the process for providing 
     information under this subsection and obtaining verifiable 
     parental 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 that 
     facilitates advertising aimed at users that the platform 
     knows are minors 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;
       (B) if the covered platform engages in individual-specific 
     advertising to minors, why a particular advertisement is 
     directed to a specific minor, including material information 
     about how the minor's personal data is used to direct the 
     advertisement to the minor; and
       (C) 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 personal 
     data and safeguards for minors; 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--

[[Page S5378]]

       (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 title.
       (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
       (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 title 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

[[Page S5379]]

     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 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 title; 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 title.
       (c) Limitation on Federal Trade Commission Guidance.--
       (1) Effect of guidance.--No guidance issued by the Federal 
     Trade Commission with respect to this title 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 title, the Federal Trade Commission 
     or a State attorney general, as applicable--
       (A) shall allege a violation of a provision of this title; 
     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 title, unless the practices 
     are alleged to violate a provision of this title.
     For purposes of enforcing this title, 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 title 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 
     title 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 title.
       (B) Privileges and immunities.--Any person that violates 
     this title 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 title 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 title 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--

[[Page S5380]]

       (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 title, 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 title.
       (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, harm reduction as it relates to early exposures to 
     pornographic material, 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 faith-based organizations.
       (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 title, 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 title, this title 
     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 title 
     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;
       (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 
     title, 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 title, 
     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 title 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 title 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) to provide an individual that the service knows is a 
     minor with readily-accessible and easy-to-use options to 
     delete an account held by the minor and delete any personal 
     data collected from the minor on the service, or, in the case 
     of a service that allows a parent to create a profile for a 
     minor, to allow a parent to delete the minor's profile, and 
     to delete any personal data collected from the minor on the 
     service;
       (D) for a parent to manage a minor's privacy and account 
     settings, and restrict purchases and financial transactions 
     by a minor, where applicable;
       (E) to provide an electronic point of contact specific to 
     matters described in this paragraph;
       (F) to offer a clear, conspicuous, and easy-to-understand 
     notice of its policies and practices with respect to personal 
     data and the capabilities described in this paragraph; and
       (G) 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.
       (f) Application to Particular Viewpoints.--Nothing in this 
     title shall be construed to require a covered platform to 
     alter a design feature in such a manner that would result in 
     particular viewpoints being throttled, suppressed, or 
     censored.

              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

[[Page S5381]]

       (B) in subparagraph (B)--
       (i) by inserting ``or teen'' after ``child'' each place the 
     term appears;
       (ii) by striking ``website or online service'' and 
     inserting ``website, online service, online application, or 
     mobile application''; and
       (iii) by striking ``actual knowledge'' and inserting 
     ``actual knowledge or knowledge fairly implied on the basis 
     of objective circumstances'';
       (3) by striking paragraph (8) and inserting the following:
       ``(8) Personal information.--
       ``(A) In general.--The term `personal information' means 
     individually identifiable information about an individual 
     collected online, including--
       ``(i) a first and last name;
       ``(ii) a home or other physical address including street 
     name and name of a city or town;
       ``(iii) an e-mail address;
       ``(iv) a telephone number;
       ``(v) a Social Security number;
       ``(vi) any other identifier that the Commission determines 
     permits the physical or online contacting of a specific 
     individual;
       ``(vii) a persistent identifier that can be used to 
     recognize a specific child or teen over time and across 
     different websites, online services, online applications, or 
     mobile applications, including but not limited to a customer 
     number held in a cookie, an Internet Protocol (IP) address, a 
     processor or device serial number, or unique device 
     identifier, but excluding an identifier that is used by an 
     operator solely for providing support for the internal 
     operations of the website, online service, online 
     application, or mobile application;
       ``(viii) a photograph, video, or audio file where such file 
     contains a specific child's or teen's image or voice;
       ``(ix) geolocation information;
       ``(x) information generated from the measurement or 
     technological processing of an individual's biological, 
     physical, or physiological characteristics that is used to 
     identify an individual, including--

       ``(I) fingerprints;
       ``(II) voice prints;
       ``(III) iris or retina imagery scans;
       ``(IV) facial templates;
       ``(V) deoxyribonucleic acid (DNA) information; or
       ``(VI) gait; or

       ``(xi) information linked or reasonably linkable to a child 
     or teen or the parents of that child or teen (including any 
     unique identifier) that an operator collects online from the 
     child or teen and combines with an identifier described in 
     this subparagraph.
       ``(B) Exclusion.--The term `personal information' shall not 
     include an audio file that contains a child's or teen's voice 
     so long as the operator--
       ``(i) does not request information via voice that would 
     otherwise be considered personal information under this 
     paragraph;
       ``(ii) provides clear notice of its collection and use of 
     the audio file and its deletion policy in its privacy policy;
       ``(iii) only uses the voice within the audio file solely as 
     a replacement for written words, to perform a task, or engage 
     with a website, online service, online application, or mobile 
     application, such as to perform a search or fulfill a verbal 
     instruction or request; and
       ``(iv) only maintains the audio file long enough to 
     complete the stated purpose and then immediately deletes the 
     audio file and does not make any other use of the audio file 
     prior to deletion.
       ``(C) Support for the internal operations of a website, 
     online service, online application, or mobile application.--
       ``(i) In general.--For purposes of subparagraph (A)(vii), 
     the term `support for the internal operations of a website, 
     online service, online application, or mobile application' 
     means those activities necessary to--

       ``(I) maintain or analyze the functioning of the website, 
     online service, online application, or mobile application;
       ``(II) perform network communications;
       ``(III) authenticate users of, or personalize the content 
     on, the website, online service, online application, or 
     mobile application;
       ``(IV) serve contextual advertising, provided that any 
     persistent identifier is only used as necessary for technical 
     purposes to serve the contextual advertisement, or cap the 
     frequency of advertising;
       ``(V) protect the security or integrity of the user, 
     website, online service, online application, or mobile 
     application;
       ``(VI) ensure legal or regulatory compliance, or
       ``(VII) fulfill a request of a child or teen as permitted 
     by subparagraphs (A) through (C) of section 1303(b)(2).

       ``(ii) Condition.--Except as specifically permitted under 
     clause (i), information collected for the activities listed 
     in clause (i) cannot be used or disclosed to contact a 
     specific individual, including through individual-specific 
     advertising to children or teens, to amass a profile on a 
     specific individual, in connection with processes that 
     encourage or prompt use of a website or online service, or 
     for any other purpose.'';
       (4) by amending paragraph (9) to read as follows:
       ``(9) Verifiable consent.--The term `verifiable consent' 
     means any reasonable effort (taking into consideration 
     available technology), including a request for authorization 
     for future collection, use, and disclosure described in the 
     notice, to ensure that, in the case of a child, a parent of 
     the child, or, in the case of a teen, the teen--
       ``(A) receives direct notice of the personal information 
     collection, use, and disclosure practices of the operator; 
     and
       ``(B) before the personal information of the child or teen 
     is collected, freely and unambiguously authorizes--
       ``(i) the collection, use, and disclosure, as applicable, 
     of that personal information; and
       ``(ii) any subsequent use of that personal information.'';
       (5) in paragraph (10)--
       (A) in the paragraph header, by striking ``Website or 
     online service directed to children'' and inserting 
     ``Website, online service, online application, or mobile 
     application directed to children'';
       (B) by striking ``website or online service'' each place it 
     appears and inserting ``website, online service, online 
     application, or mobile application''; and
       (C) by adding at the end the following new subparagraph:
       ``(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

[[Page S5382]]

     children or for any operator of a website, online service, 
     online application, or mobile application with actual 
     knowledge or knowledge fairly implied on the basis of 
     objective circumstances that a user is a child or teen--
       ``(A) to collect personal information from a child or teen 
     in a manner that violates the regulations prescribed under 
     subsection (b);
       ``(B) except as provided in subparagraphs (B) and (C) of 
     section 1302(18), to collect, use, disclose to third parties, 
     or maintain personal information of a child or teen for 
     purposes of individual-specific advertising to children or 
     teens (or to allow another person to collect, use, disclose, 
     or maintain such information for such purpose);
       ``(C) to collect the personal information of a child or 
     teen except when the collection of the personal information 
     is--
       ``(i) consistent with the context of a particular 
     transaction or service or the relationship of the child or 
     teen with the operator, including collection necessary to 
     fulfill a transaction or provide a product or service 
     requested by the child or teen; or
       ``(ii) required or specifically authorized by Federal or 
     State law; or
       ``(D) to store or transfer the personal information of a 
     child or teen outside of the United States unless the 
     operator provides direct notice to the parent of the child, 
     in the case of a child, or to the teen, in the case of a 
     teen, that the child's or teen's personal information is 
     being stored or transferred outside of the United States; or
       ``(E) to retain the personal information of a child or teen 
     for longer than is reasonably necessary to fulfill a 
     transaction or provide a service requested by the child or 
     teen except as required or specifically authorized by Federal 
     or State law.''; and
       (B) in paragraph (2)--
       (i) in the header, by striking ``parent'' and inserting `` 
     `parent or teen' ''
       (ii) by striking ``Notwithstanding paragraph (1)'' and 
     inserting ``Notwithstanding paragraph (1)(A)'';
       (iii) by striking ``of such a website or online service''; 
     and
       (iv) by striking ``subsection (b)(1)(B)(iii) to the parent 
     of a child'' and inserting ``subsection (b)(1)(B)(iv) to the 
     parent of a child or under subsection (b)(1)(C)(iv) to a 
     teen'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``operator of any website'' and all that 
     follows through ``from a child'' and inserting ``operator of 
     a website, online service, online application, or mobile 
     application directed to children or that has actual knowledge 
     or knowledge fairly implied on the basis of objective 
     circumstances that a user is a child or teen'';
       (II) in clause (i)--

       (aa) by striking ``notice on the website'' and inserting 
     ``clear and conspicuous notice on the website'';
       (bb) by inserting ``or teens'' after ``children'';
       (cc) by striking ``, and the operator's'' and inserting ``, 
     the operator's''; and
       (dd) by striking ``; and'' and inserting ``, the rights and 
     opportunities available to the parent of the child or teen 
     under subparagraphs (B) and (C), and the procedures or 
     mechanisms the operator uses to ensure that personal 
     information is not collected from children or teens except in 
     accordance with the regulations promulgated under this 
     paragraph;'';

       (III) in clause (ii)--

       (aa) by striking ``parental'';
       (bb) by inserting ``or teens'' after ``children'';
       (cc) by striking the semicolon at the end and inserting ``; 
     and''; and

       (IV) by inserting after clause (ii) the following new 
     clause:

       ``(iii) to obtain verifiable consent from a parent of a 
     child or from a teen before using or disclosing personal 
     information of the child or teen for any purpose that is a 
     material change from the original purposes and disclosure 
     practices specified to the parent of the child or the teen 
     under clause (i);'';
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking 
     ``website or online service'' and inserting ``operator'';
       (II) in clause (i), by inserting ``and the method by which 
     the operator obtained the personal information, and the 
     purposes for which the operator collects, uses, discloses, 
     and retains the personal information'' before the semicolon;
       (III) in clause (ii)--

       (aa) by inserting ``to delete personal information 
     collected from the child or content or information submitted 
     by the child to a website, online service, online 
     application, or mobile application and'' after ``the 
     opportunity at any time''; and
       (bb) by striking ``; and'' and inserting a semicolon;

       (IV) by redesignating clause (iii) as clause (iv) and 
     inserting after clause (ii) the following new clause:

       ``(iii) the opportunity to challenge the accuracy of the 
     personal information and, if the parent of the child 
     establishes the inaccuracy of the personal information, to 
     have the inaccurate personal information corrected;''; and

       (V) in clause (iv), as so redesignated, by inserting ``, if 
     such information is available to the operator at the time the 
     parent makes the request'' before the semicolon;

       (iii) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (iv) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) require the operator to provide, upon the request of 
     a teen under this subparagraph who has provided personal 
     information to the operator, upon proper identification of 
     that teen--
       ``(i) a description of the specific types of personal 
     information collected from the teen by the operator, the 
     method by which the operator obtained the personal 
     information, and the purposes for which the operator 
     collects, uses, discloses, and retains the personal 
     information;
       ``(ii) the opportunity at any time to delete personal 
     information collected from the teen or content or information 
     submitted by the teen to a website, online service, online 
     application, or mobile application and to refuse to permit 
     the operator's further use or maintenance in retrievable 
     form, or online collection, of personal information from the 
     teen;
       ``(iii) the opportunity to challenge the accuracy of the 
     personal information and, if the teen establishes the 
     inaccuracy of the personal information, to have the 
     inaccurate personal information corrected; and
       ``(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

[[Page S5383]]

     child or teen or content or information submitted by a child 
     or teen to the operator's website, online service, online 
     application, or mobile application;
       ``(B) representative of the educational agency or 
     institution to acknowledge and agree that they have authority 
     to authorize the collection, use, and disclosure of personal 
     information from children or teens on behalf of the 
     educational agency or institution, along with such 
     authorization, their name, and title at the educational 
     agency or institution; and
       ``(C) educational agency or institution to--
       ``(i) provide on its website a notice that identifies the 
     operator with which it has entered into a written agreement 
     under this subsection and provides a link to the operator's 
     online notice of information practices as required under 
     paragraph (1)(A)(i);
       ``(ii) provide the operator's notice regarding its 
     information practices, as required under subparagraph 
     (A)(ii), upon request, to a parent, in the case of a child, 
     or a parent or teen, in the case of a teen; and
       ``(iii) upon the request of a parent, in the case of a 
     child, or a parent or teen, in the case of a teen, request 
     the operator provide a means to review the personal 
     information from the child or teen and provide the parent, in 
     the case of a child, or parent or teen, in the case of the 
     teen, a means to review the personal information.'';
       (D) by amending paragraph (4), as so redesignated, to read 
     as follows:
       ``(4) Termination of service.--The regulations shall permit 
     the operator of a website, online service, online 
     application, or mobile application to terminate service 
     provided to a child whose parent has refused, or a teen who 
     has refused, under the regulations prescribed under 
     paragraphs (1)(B)(ii) and (1)(C)(ii), to permit the 
     operator's further use or maintenance in retrievable form, or 
     future online collection of, personal information from that 
     child or teen.''; and
       (E) by adding at the end the following new paragraphs:
       ``(5) Continuation of service.--The regulations shall 
     prohibit an operator from discontinuing service provided to a 
     child or teen on the basis of a request by the parent of the 
     child or by the teen, under the regulations prescribed under 
     subparagraph (B) or (C) of paragraph (1), respectively, to 
     delete personal information collected from the child or teen, 
     to the extent that the operator is capable of providing such 
     service without such information.
       ``(6) Rule of construction.--A request made pursuant to 
     subparagraph (B) or (C) of paragraph (1) to delete or correct 
     personal information of a child or teen shall not be 
     construed--
       ``(A) to limit the authority of a law enforcement agency to 
     obtain any content or information from an operator pursuant 
     to a lawfully executed warrant or an order of a court of 
     competent jurisdiction;
       ``(B) to require an operator or third party delete or 
     correct information that--
       ``(i) any other provision of Federal or State law requires 
     the operator or third party to maintain; or
       ``(ii) was submitted to the website, online service, online 
     application, or mobile application of the operator by any 
     person other than the user who is attempting to erase or 
     otherwise eliminate the content or information, including 
     content or information submitted by the user that was 
     republished or resubmitted by another person; or
       ``(C) to prohibit an operator from--
       ``(i) retaining a record of the deletion request and the 
     minimum information necessary for the purposes of ensuring 
     compliance with a request made pursuant to subparagraph (B) 
     or (C);
       ``(ii) preventing, detecting, protecting against, or 
     responding to security incidents, identity theft, or fraud, 
     or reporting those responsible for such actions;
       ``(iii) protecting the integrity or security of a website, 
     online service, online application or mobile application; or
       ``(iv) ensuring that the child's or teen's information 
     remains deleted.
       ``(7) Common verifiable consent mechanism.--
       ``(A) In general.--
       ``(i) Feasibility of mechanism.--The Commission shall 
     assess the feasibility, with notice and public comment, of 
     allowing operators the option to use a common verifiable 
     consent mechanism that fully meets the requirements of this 
     title.
       ``(ii) Requirements.--The feasibility assessment described 
     in clause (i) shall consider whether a single operator could 
     use a common verifiable consent mechanism to obtain 
     verifiable consent, as required under this title, from a 
     parent of a child or from a teen on behalf of multiple, 
     listed operators that provide a joint or related service.
       ``(B) Report.--Not later than 1 year after the date of 
     enactment of this paragraph, the Commission shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives with the findings of 
     the assessment required by subparagraph (A).
       ``(C) Regulations.--If the Commission finds that the use of 
     a common verifiable consent mechanism is feasible and would 
     meet the requirements of this title, the Commission shall 
     issue regulations to permit the use of a common verifiable 
     consent mechanism in accordance with the findings outlined in 
     such report.'';
       (4) in subsection (c), by striking ``a regulation 
     prescribed under subsection (a)'' and inserting 
     ``subparagraph (B), (C), (D), or (E) of subsection (a)(1), or 
     of a regulation prescribed under subsection (b),''; and
       (5) by striking subsection (d) and inserting the following:
       ``(d) Relationship to State Law.--The provisions of this 
     title shall preempt any State law, rule, or regulation only 
     to the extent that such State law, rule, or regulation 
     conflicts with a provision of this title. Nothing in this 
     title shall be construed to prohibit any State from enacting 
     a law, rule, or regulation that provides greater protection 
     to children or teens than the provisions of this title.''.
       (c) Safe Harbors.--Section 1304 of the Children's Online 
     Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended--
       (1) in subsection (b)(1), by inserting ``and teens'' after 
     ``children''; and
       (2) by adding at the end the following:
       ``(d) Publication.--
       ``(1) In general.--Subject to the restrictions described in 
     paragraph (2), the Commission shall publish on the internet 
     website of 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

[[Page S5384]]

     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 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:

[[Page S5385]]

       ``(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.

                          TITLE IV--SCREEN ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Shielding Children's 
     Retinas from Egregious Exposure on the Net Act'' or the 
     ``SCREEN Act''.

     SEC. 402. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Over the 3 decades preceding the date of enactment of 
     this Act, Congress has passed several bills to protect minors 
     from access to online pornographic content, including title V 
     of the Telecommunications Act of 1996 (Public Law 104-104) 
     (commonly known as the ``Communications Decency Act''), 
     section 231 of the Communications Act of 1934 (47 U.S.C. 231) 
     (commonly known as the ``Child Online Protection Act''), and 
     the Children's Internet Protection Act (title XVII of 
     division B of Public Law 106-554).
       (2) With the exception of the Children's Internet 
     Protection Act (title XVII of division B of Public Law 106-
     554), the Supreme Court of the United States has struck down 
     the previous efforts of Congress to shield children from 
     pornographic content, finding that such legislation 
     constituted a ``compelling government interest'' but that it 
     was not the least restrictive means to achieve such interest. 
     In Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court even 
     suggested at the time that ``blocking and filtering 
     software'' could conceivably be a ``primary alternative'' to 
     the requirements passed by Congress.
       (3) In the nearly 2 decades since the Supreme Court of the 
     United States suggested the use of ``blocking and filtering 
     software'', such technology has proven to be ineffective in 
     protecting minors from accessing online pornographic content. 
     The Kaiser Family Foundation has found that filters do not 
     work on 1 in 10 pornography sites accessed intentionally and 
     1 in 3 pornography sites that are accessed unintentionally. 
     Further, it has been proven that children are able to bypass 
     ``blocking and filtering'' software by employing strategic 
     searches or measures to bypass the software completely.
       (4) Additionally, Pew Research has revealed studies showing 
     that only 39 percent of parents use blocking or filtering 
     software for their minor's online activities, meaning that 61 
     percent of children only have restrictions on their internet 
     access when they are at school or at a library.
       (5) 17 States have now recognized pornography as a public 
     health hazard that leads to a broad range of individual 
     harms, societal harms, and public health impacts.
       (6) It is estimated that 80 percent of minors between the 
     ages of 12 to 17 have been exposed to pornography, with 54 
     percent of teenagers seeking it out. The internet is the most 
     common source for minors to access pornography with 
     pornographic websites receiving more web traffic in the 
     United States than Twitter, Netflix, Pinterest, and LinkedIn 
     combined.
       (7) Exposure to online pornography has created unique 
     psychological effects for minors, including anxiety, 
     addiction, low self-esteem, body image disorders, an increase 
     in problematic sexual activity at younger ages, and an 
     increased desire among minors to engage in risky sexual 
     behavior.
       (8) The Supreme Court of the United States has recognized 
     on multiple occasions that Congress has a ``compelling 
     government interest'' to protect the physical and 
     psychological well-being of minors, which includes shielding 
     them from ``indecent'' content that may not necessarily be 
     considered ``obscene'' by adult standards.
       (9) Because ``blocking and filtering software'' has not 
     produced the results envisioned nearly 2 decades ago, it is 
     necessary for Congress to pursue alternative policies to 
     enable the protection of the physical and psychological well-
     being of minors.
       (10) The evolution of our technology has now enabled the 
     use of age verification technology that is cost efficient, 
     not unduly burdensome, and can be operated narrowly in a 
     manner that ensures only adults have access to a website's 
     online pornographic content.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) shielding minors from access to online pornographic 
     content is a compelling government interest that protects the 
     physical and psychological well-being of minors; and
       (2) requiring interactive computer services that are in the 
     business of creating, hosting, or making available 
     pornographic content to enact technological measures that 
     shield minors from accessing pornographic content on their 
     platforms is the least restrictive means for Congress to 
     achieve its compelling government interest.

     SEC. 403. DEFINITIONS.

       In this title:
       (1) Child pornography; minor.--The terms ``child 
     pornography'' and ``minor'' have the meanings given those 
     terms in section 2256 of title 18, United States Code.
       (2) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (3) Covered platform.--The term ``covered platform''--
       (A) means an entity--
       (i) that is an interactive computer service;
       (ii) that--

       (I) is engaged in interstate or foreign commerce; or
       (II) purposefully avails itself of the United States market 
     or a portion thereof; and

       (iii) for which it is in the regular course of the trade or 
     business of the entity to create, host, or make available 
     content that meets the definition of harmful to minors under 
     paragraph (4) and that is provided by the entity, a user, or 
     other information content provider, with the objective of 
     earning a profit; and
       (B) includes an entity described in subparagraph (A) 
     regardless of whether--
       (i) the entity earns a profit on the activities described 
     in subparagraph (A)(iii); or
       (ii) creating, hosting, or making available content that 
     meets the definition of harmful to minors under paragraph (4) 
     is the sole source of income or principal business of the 
     entity.
       (4) Harmful to minors.--The term ``harmful to minors'', 
     with respect to a picture, image, graphic image file, film, 
     videotape, or other visual depiction, means that the picture, 
     image, graphic image file, film, videotape, or other 
     depiction--
       (A)(i) taken as a whole and with respect to minors, appeals 
     to the prurient interest in nudity, sex, or excretion;
       (ii) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or lewd exhibition 
     of the genitals; and
       (iii) taken as a whole, lacks serious, literary, artistic, 
     political, or scientific value as to minors;
       (B) is obscene; or
       (C) is child pornography.
       (5) Information content provider; interactive computer 
     service.--The terms ``information content provider'' and 
     ``interactive computer service'' have the meanings given 
     those terms in section 230(f) of the Communications Act of 
     1934 (47 U.S.C. 230(f)).
       (6) Sexual act; sexual contact.--The terms ``sexual act'' 
     and ``sexual contact'' have the meanings given those terms in 
     section 2246 of title 18, United States Code.
       (7) Technology verification measure.--The term ``technology 
     verification measure'' means technology that--
       (A) employs a system or process to determine whether it is 
     more likely than not that a user of a covered platform is a 
     minor; and
       (B) prevents access by minors to any content on a covered 
     platform.
       (8) Technology verification measure data.--The term 
     ``technology verification measure data'' means information 
     that--
       (A) identifies, is linked to, or is reasonably linkable to 
     an individual or a device that identifies, is linked to, or 
     is reasonably linkable to an individual;
       (B) is collected or processed for the purpose of fulfilling 
     a request by an individual to access any content on a covered 
     platform; and
       (C) is collected and processed solely for the purpose of 
     utilizing a technology verification measure and meeting the 
     obligations imposed under this title.

     SEC. 404. TECHNOLOGY VERIFICATION MEASURES.

       (a) Covered Platform Requirements.--Beginning on the date 
     that is 1 year after the date of enactment of this Act, a 
     covered platform shall adopt and utilize technology 
     verification measures on the platform to ensure that--
       (1) users of the covered platform are not minors; and
       (2) minors are prevented from accessing any content on the 
     covered platform that is harmful to minors.
       (b) Requirements for Age Verification Measures.--In order 
     to comply with the requirement of subsection (a), the 
     technology

[[Page S5386]]

     verification measures adopted and utilized by a covered 
     platform shall do the following:
       (1) Use a technology verification measure in order to 
     verify a user's age.
       (2) Provide that requiring a user to confirm that the user 
     is not a minor shall not be sufficient to satisfy the 
     requirement of subsection (a).
       (3) Make publicly available the verification process that 
     the covered platform is employing to comply with the 
     requirements under this title.
       (4) Subject the Internet Protocol (IP) addresses, including 
     known virtual proxy network IP addresses, of all users of a 
     covered platform to the technology verification measure 
     described in paragraph (1) unless the covered platform 
     determines based on available technology that a user is not 
     located within the United States.
       (c) Choice of Verification Measures.--A covered platform 
     may choose the specific technology verification measures to 
     employ for purposes of complying with subsection (a), 
     provided that the technology verification measure employed by 
     the covered platform meets the requirements of subsection (b) 
     and prohibits a minor from accessing the platform or any 
     information on the platform that is obscene, child 
     pornography, or harmful to minors.
       (d) Use of Third Parties.--A covered platform may contract 
     with a third party to employ technology verification measures 
     for purposes of complying with subsection (a) but the use of 
     such a third party shall not relieve the covered platform of 
     its obligations under this title or from liability under this 
     title.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to require a covered platform to submit to the 
     Commission any information that identifies, is linked to, or 
     is reasonably linkable to a user of the covered platform or a 
     device that identifies, is linked to, or is reasonably 
     linkable to a user of the covered platform.
       (f) Technology Verification Measure Data Security.--A 
     covered platform shall--
       (1) establish, implement, and maintain reasonable data 
     security to--
       (A) protect the confidentiality, integrity, and 
     accessibility of technology verification measure data 
     collected by the covered platform or a third party employed 
     by the covered platform; and
       (B) protect such technology verification measure data 
     against unauthorized access; and
       (2) retain the technology verification measure data for no 
     longer than is reasonably necessary to utilize a technology 
     verification measure or what is minimally necessary to 
     demonstrate compliance with the obligations under this title.

     SEC. 405. CONSULTATION REQUIREMENTS.

       In enforcing the requirements under section 404, the 
     Commission shall consult with the following individuals, 
     including with respect to the applicable standards and 
     metrics for making a determination on whether a user of a 
     covered platform is not a minor:
       (1) Individuals with experience in computer science and 
     software engineering.
       (2) Individuals with experience in--
       (A) advocating for online child safety; or
       (B) providing services to minors who have been victimized 
     by online child exploitation.
       (3) Individuals with experience in consumer protection and 
     online privacy.
       (4) Individuals who supply technology verification measure 
     products or have expertise in technology verification measure 
     solutions.
       (5) Individuals with experience in data security and 
     cryptography.

     SEC. 406. COMMISSION REQUIREMENTS.

       (a) In General.--The Commission shall--
       (1) conduct regular audits of covered platforms to ensure 
     compliance with the requirements of section 404;
       (2) make public the terms and processes for the audits 
     conducted under paragraph (1), including the processes for 
     any third party conducting an audit on behalf of the 
     Commission;
       (3) establish a process for each covered platform to submit 
     only such documents or other materials as are necessary for 
     the Commission to ensure full compliance with the 
     requirements of section 404 when conducting audits under this 
     section; and
       (4) prescribe the appropriate documents, materials, or 
     other measures required to demonstrate full compliance with 
     the requirements of section 404.
       (b) Guidance.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall issue guidance to 
     assist covered platforms in complying with the requirements 
     of section 404.
       (2) Limitations on guidance.--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 shall allege a specific violation 
     of a provision of this title. The Commission may not base an 
     enforcement action on, or execute a consent order based on, 
     practices that are alleged to be inconsistent with any such 
     guidelines, unless the practices allegedly violate a 
     provision of this title.

     SEC. 407. ENFORCEMENT.

       (a) Unfair or Deceptive Act or Practice.--A violation of 
     section 404 shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
       (b) Powers of the Commission.--
       (1) In general.--The Commission shall enforce section 404 
     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 title.
       (2) Privileges and immunities.--Any person who violates 
     section 404 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 title shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.

     SEC. 408. GAO REPORT.

       Not later than 2 years after the date on which covered 
     platforms are required to comply with the requirement of 
     section 404(a), the Comptroller General of the United States 
     shall submit to Congress a report that includes--
       (1) an analysis of the effectiveness of the technology 
     verification measures required under such section;
       (2) an analysis of rates of compliance with such section 
     among covered platforms;
       (3) an analysis of the data security measures used by 
     covered platforms in the age verification process;
       (4) an analysis of the behavioral, economic, psychological, 
     and societal effects of implementing technology verification 
     measures;
       (5) recommendations to the Commission on improving 
     enforcement of section 404(a), if any; and
       (6) recommendations to Congress on potential legislative 
     improvements to this title, if any.

     SEC. 409. SEVERABILITY CLAUSE.

       If any provision of this Act, or the application of such a 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remaining provisions of this Act, and 
     the application of such provisions to any other person or 
     circumstance, shall not be affected thereby.
                                 ______
                                 
  SA 3076. Mr. MARSHALL (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him 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; which was ordered to lie on the 
table; as follows:

        At the appropriate place, insert the following:

              TITLE __--COOPER DAVIS AND DEVIN NORRING ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Cooper Davis and Devin 
     Norring Act''.

     SEC. __02. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION 
                   SERVICE PROVIDERS AND REMOTE COMPUTING SERVICES 
                   FOR CERTAIN CONTROLLED SUBSTANCES VIOLATIONS.

       (a) Amendments to Controlled Substances Act.--
       (1) In general.--Part E of the Controlled Substances Act 
     (21 U.S.C. 871 et seq.) is amended by adding at the end the 
     following:


``reporting requirements of electronic communication service providers 
    and remote computing services for certain controlled substances 
                               violations

       ``Sec. 521.  (a) Definitions.--In this section--
       ``(1) the term `electronic communication service' has the 
     meaning given that term in section 2510 of title 18, United 
     States Code;
       ``(2) the term `electronic mail address' has the meaning 
     given that term in section 3 of the CAN-SPAM Act of 2003 (15 
     U.S.C. 7702);
       ``(3) the term `Internet' has the meaning given that term 
     in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 
     151 note);
       ``(4) the term `provider' means an electronic communication 
     service provider or remote computing service;
       ``(5) the term `remote computing service' has the meaning 
     given that term in section 2711 of title 18, United States 
     Code; and
       ``(6) the term `website' means any collection of material 
     placed in a computer server-based file archive so that it is 
     publicly accessible, over the Internet, using hypertext 
     transfer protocol or any successor protocol.
       ``(b) Duty to Report.--
       ``(1) General duty.--In order to reduce the proliferation 
     of the unlawful sale, distribution, or manufacture (as 
     applicable) of counterfeit substances and certain controlled 
     substances, a provider shall, as soon as reasonably possible 
     after obtaining actual knowledge of any facts or 
     circumstances described in paragraph (2), and in any event 
     not later than 60 days after obtaining such knowledge, submit 
     to the Drug Enforcement Administration a report containing--
       ``(A) the mailing address, telephone number, facsimile 
     number, and electronic mailing address of, and individual 
     point of contact for, such provider;
       ``(B) information described in subsection (c) concerning 
     such facts or circumstances; and
       ``(C) for purposes of subsection (j), information 
     indicating whether the facts or circumstances were discovered 
     through content moderation conducted by a human or via a

[[Page S5387]]

     non-human method, including use of an algorithm, machine 
     learning, or other means.
       ``(2) Facts or circumstances.--The facts or circumstances 
     described in this paragraph are any facts or circumstances 
     establishing that a crime is being or has already been 
     committed involving--
       ``(A) creating, manufacturing, distributing, dispensing, or 
     possession with intent to manufacture, distribute, or 
     dispense--
       ``(i) fentanyl; or
       ``(ii) methamphetamine;
       ``(B) creating, manufacturing, distributing, dispensing, or 
     possession with intent to manufacture, distribute, or 
     dispense a counterfeit substance, including a counterfeit 
     substance purporting to be a prescription drug; or
       ``(C) offering, dispensing, or administering an actual or 
     purported prescription pain medication or prescription 
     stimulant by any individual or entity that is not a 
     practitioner or online pharmacy, including an individual or 
     entity that falsely claims to be a practitioner or online 
     pharmacy.
       ``(3) Permitted actions based on reasonable belief.--In 
     order to reduce the proliferation of the unlawful sale, 
     distribution, or manufacture (as applicable) of counterfeit 
     substances and certain controlled substances, if a provider 
     has a reasonable belief that facts or circumstances described 
     in paragraph (2) exist, the provider may submit to the Drug 
     Enforcement Administration a report described in paragraph 
     (1).
       ``(c) Contents of Report.--
       ``(1) In general.--To the extent the information is within 
     the custody or control of a provider, the facts or 
     circumstances included in each report under subsection 
     (b)(1)--
       ``(A) shall include, to the extent that it is applicable 
     and reasonably available, information relating to the account 
     involved in the commission of a crime described in subsection 
     (b)(2), such as the name, address, electronic mail address, 
     user or account identification, Internet Protocol address, 
     uniform resource locator, screen names or monikers for the 
     account used or any other accounts associated with the 
     account user, or any other identifying information, including 
     self-reported identifying information, but not including the 
     contents of a wire communication or electronic communication, 
     as those terms are defined in section 2510 of title 18, 
     United States Code, except as provided in subparagraph (B) of 
     this paragraph; and
       ``(B) may, at the sole discretion of the provider, include 
     the information described in paragraph (2) of this 
     subsection.
       ``(2) Other information.--The information referred to in 
     paragraph (1)(B) is the following:
       ``(A) Historical reference.--Information relating to when 
     and how a user, subscriber, or customer of a provider 
     uploaded, transmitted, or received content relating to the 
     report or when and how content relating to the report was 
     reported to or discovered by the provider, including a date 
     and time stamp and time zone.
       ``(B) Geographic location information.--Information 
     relating to the geographic location of the involved 
     individual or website, which may include the Internet 
     Protocol address or verified address, or, if not reasonably 
     available, at least one form of geographic identifying 
     information, including area code or ZIP Code, provided by the 
     user, subscriber, or customer, or stored or obtained by the 
     provider, and any information as to whether a virtual private 
     network was used.
       ``(C) Data relating to facts or circumstances.--Any data, 
     including symbols, photos, video, icons, or direct messages, 
     relating to activity involving the facts or circumstances 
     described in subsection (b)(2) or other content relating to 
     the crime.
       ``(D) Complete communication.--The complete communication 
     containing the information of the crime described in 
     subsection (b)(2), including--
       ``(i) any data or information regarding the transmission of 
     the communication; and
       ``(ii) any data or other digital files contained in, or 
     attached to, the communication.
       ``(3) User, subscriber, or customer submitted reports.--In 
     the case of a report under subsection (b)(3), the provider 
     may, at its sole discretion, include in the report 
     information submitted to the provider by a user, subscriber, 
     or customer alleging facts or circumstances described in 
     subsection (b)(2) if the provider, upon review, has a 
     reasonable belief that the alleged facts or circumstances 
     exist.
       ``(d) Handling of Reports.--Upon receipt of a report 
     submitted under subsection (b), the Drug Enforcement 
     Administration--
       ``(1) shall conduct a preliminary review of such report; 
     and
       ``(2) after completing the preliminary review, shall--
       ``(A) conduct further investigation of the report, which 
     may include making the report available to other Federal, 
     State, or local law enforcement agencies involved in the 
     investigation of crimes described in subsection (b)(2), if 
     the Drug Enforcement Administration determines that the 
     report facially contains sufficient information to warrant 
     and permit further investigation; or
       ``(B) conclude that no further investigative steps are 
     warranted or possible, or that insufficient evidence exists 
     to make a determination, and close the report.
       ``(e) Attorney General Responsibilities.--
       ``(1) In general.--The Attorney General shall enforce this 
     section.
       ``(2) Designation of federal agencies.--The Attorney 
     General may designate a Federal law enforcement agency or 
     agencies to which the Drug Enforcement Administration may 
     forward a report under subsection (d).
       ``(3) Data minimization requirements.--The Attorney General 
     shall take reasonable measures to--
       ``(A) limit the storage of a report submitted under 
     subsection (b) and its contents to the amount that is 
     necessary to carry out the investigation of crimes described 
     in subsection (b)(2); and
       ``(B) store a report submitted under subsection (b) and its 
     contents only as long as is reasonably necessary to carry out 
     an investigation of crimes described in subsection (b)(2) or 
     make the report available to other agencies under subsection 
     (d)(2)(A), after which time the report and its contents shall 
     be deleted unless the preservation of a report has future 
     evidentiary value.
       ``(f) Failure to Comply With Requirements.--
       ``(1) Criminal penalty.--
       ``(A) Offense.--It shall be unlawful for a provider to 
     knowingly fail to submit a report required under subsection 
     (b)(1).
       ``(B) Penalty.--A provider that violates subparagraph (A) 
     shall be fined--
       ``(i) in the case of an initial violation, not more than 
     $190,000; and
       ``(ii) in the case of any second or subsequent violation, 
     not more than $380,000.
       ``(2) Civil penalty.--In addition to any other available 
     civil or criminal penalty, a provider shall be liable to the 
     United States Government for a civil penalty in an amount not 
     less than $50,000 and not more than $100,000 if the provider 
     knowingly submits a report under subsection (b) that--
       ``(A) contains materially false or fraudulent information; 
     or
       ``(B) omits information described in subsection (c)(1)(A) 
     that is reasonably available.
       ``(g) Protection of Privacy.--Nothing in this section shall 
     be construed to--
       ``(1) require a provider to monitor any user, subscriber, 
     or customer of that provider;
       ``(2) require a provider to monitor the content of any 
     communication of any person described in paragraph (1);
       ``(3) require a provider to affirmatively search, screen, 
     or scan for facts or circumstances described in subsection 
     (b)(2); or
       ``(4) permit actual knowledge to be proven based solely on 
     a provider's decision not to engage in additional 
     verification or investigation to discover facts and 
     circumstances that are not readily apparent, so long as the 
     provider does not deliberately blind itself to those 
     violations.
       ``(h) Conditions of Disclosure of Information Contained 
     Within Report.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     law enforcement agency that receives a report under 
     subsection (d) shall not disclose any information contained 
     in that report.
       ``(2) Permitted disclosures by law enforcement.--A law 
     enforcement agency may disclose information in a report 
     received under subsection (d)--
       ``(A) to an attorney for the government for use in the 
     performance of the official duties of that attorney, 
     including providing discovery to a defendant;
       ``(B) to such officers and employees of that law 
     enforcement agency, as may be necessary in the performance of 
     their investigative and recordkeeping functions;
       ``(C) to such other government personnel (including 
     personnel of a State or subdivision of a State) as are 
     determined to be necessary by an attorney for the government 
     to assist the attorney in the performance of the official 
     duties of the attorney in enforcing Federal criminal law;
       ``(D) if the report discloses an apparent violation of 
     State criminal law, to an appropriate official of a State or 
     subdivision of a State for the purpose of enforcing such 
     State law;
       ``(E) to a defendant in a criminal case or the attorney for 
     that defendant to the extent the information relates to a 
     criminal charge pending against that defendant;
       ``(F) to a provider if necessary to facilitate response to 
     legal process issued in connection to a criminal 
     investigation, prosecution, or post-conviction remedy 
     relating to that report;
       ``(G) as ordered by a court upon a showing of good cause 
     and pursuant to any protective orders or other conditions 
     that the court may impose; and
       ``(H) in order to facilitate the enforcement of the 
     penalties authorized under subsection (f).
       ``(i) Preservation.--
       ``(1) In general.--
       ``(A) Request to preserve contents.--
       ``(i) In general.--Subject to clause (ii), for the purposes 
     of this section, a completed submission by a provider of a 
     report to the Drug Enforcement Administration under 
     subsection (b)(1) shall be treated as a request to preserve 
     the contents provided in the report, and any data or other 
     digital files that are reasonably accessible and may provide 
     context or additional information about the reported material 
     or person, for 90 days after the submission to the Drug 
     Enforcement Administration.
       ``(ii) Limitations on extension of preservation period.--

       ``(I) Stored communications act.--The Drug Enforcement 
     Administration may not submit a request to a provider to 
     continue preservation of the contents of a report or

[[Page S5388]]

     other data described in clause (i) under section 2703(f) of 
     title 18, United States Code, beyond the required period of 
     preservation under clause (i) of this subparagraph unless the 
     Drug Enforcement Administration has an active or pending 
     investigation involving the user, subscriber, or customer 
     account at issue in the report.
       ``(II) Rule of construction.--Nothing in subclause (I) 
     shall preclude another Federal, State, or local law 
     enforcement agency from seeking continued preservation of the 
     contents of a report or other data described in clause (i) 
     under section 2703(f) of title 18, United States Code.

       ``(B) Notification to user.--A provider may not notify a 
     user, subscriber, or customer of the provider of a 
     preservation request described in subparagraph (A) unless--
       ``(i) the provider has notified the Drug Enforcement 
     Administration of its intent to provide that notice; and
       ``(ii) 45 business days have elapsed since the notification 
     under clause (i).
       ``(2) Protection of preserved materials.--A provider 
     preserving materials under this section shall maintain the 
     materials in a secure location and take appropriate steps to 
     limit access to the materials by agents or employees of the 
     service to that access necessary to comply with the 
     requirements of this subsection.
       ``(3) Authorities and duties not affected.--Nothing in this 
     section shall be construed as replacing, amending, or 
     otherwise interfering with the authorities and duties under 
     section 2703 of title 18, United States Code.
       ``(4) Relation to reporting requirement.--Submission of a 
     report as required by subsection (b)(1) does not satisfy the 
     obligations under this subsection.
       ``(j) Annual Report.--Not later than 1 year after the date 
     of enactment of the Cooper Davis and Devin Norring Act, and 
     annually thereafter, the Drug Enforcement Administration 
     shall publish a report that includes, for the reporting 
     period--
       ``(1) the total number of reports received from providers 
     under subsection (b)(1);
       ``(2) the number of reports received under subsection 
     (b)(1) disaggregated by--
       ``(A) the provider on whose electronic communication 
     service or remote computing service the crime for which there 
     are facts or circumstances occurred; and
       ``(B) the subsidiary of a provider, if any, on whose 
     electronic communication service or remote computing service 
     the crime for which there are facts or circumstances 
     occurred;
       ``(3) the number of reports received under subsection 
     (b)(1) that led to convictions in cases investigated by the 
     Drug Enforcement Administration;
       ``(4) the number of reports received under subsection 
     (b)(1) that lacked actionable information;
       ``(5) the number of reports received under subsection 
     (b)(1) where the facts or circumstances of a crime were 
     discovered through--
       ``(A) content moderation conducted by a human; or
       ``(B) a non-human method including use of an algorithm, 
     machine learning, or other means;
       ``(6) the number of reports received under subsection 
     (b)(1) that were made available to other law enforcement 
     agencies, disaggregated by--
       ``(A) the number of reports made available to Federal law 
     enforcement agencies;
       ``(B) the number of reports made available to State law 
     enforcement agencies; and
       ``(C) the number of reports made available to local law 
     enforcement agencies; and
       ``(7) the number of requests to providers to continue 
     preservation of the contents of a report or other data 
     described in subsection (i)(1)(A)(i) submitted by the Drug 
     Enforcement Administration under section 2703(f) of title 18, 
     United States Code.
       ``(k) Prohibition on Submission of User, Subscriber, 
     Customer, or Anonymous Reports by Law Enforcement.--
       ``(1) In general.--No Federal, Tribal, State, or local law 
     enforcement officer acting in an official capacity may submit 
     a report to a provider or arrange for another individual to 
     submit a report to a provider on behalf of the officer under 
     this section.
       ``(2) Remedy for violation.--No part of the contents of a 
     provider's report made under subsection (b)(1) or (b)(3) and 
     no evidence derived therefrom may be received in evidence in 
     any trial, hearing, or other proceeding in or before any 
     court, department, officer, agency, regulatory body, 
     legislative committee, or other authority of the United 
     States, a State, or a political subdivision thereof if that 
     provider report resulted from an action prohibited by 
     paragraph (1) of this subsection.
       ``(l) Exemptions.--Subsections (b) through (k) shall not 
     apply to a provider of broadband internet access service, as 
     that term is defined in section 8.1(b) of title 47, Code of 
     Federal Regulations (or any successor regulation), or a 
     provider of a text messaging service, as that term is defined 
     in section 227 of the Communications Act of 1934 (47 U.S.C. 
     227), insofar as the provider is acting as a provider of such 
     service.''.
       (2) Technical and conforming amendment.--The table of 
     contents for the Controlled Substances Act (21 U.S.C. 801 et 
     seq.) is amended by inserting after the item relating to 
     section 520 the following:

``Sec. 521. Reporting requirements of electronic communication service 
              providers and remote computing services for certain 
              controlled substances violations.''.
       (b) Conforming Amendments to Stored Communications Act.--
       (1) In general.--Section 2702 of title 18, United States 
     Code, is amended--
       (A) in subsection (b)--
       (i) in paragraph (8), by striking ``or'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(10) to the Drug Enforcement Administration, in 
     connection with a report submitted thereto under section 521 
     of the Controlled Substances Act.''; and
       (B) in subsection (c)--
       (i) in paragraph (6), by striking ``or'' at the end;
       (ii) in paragraph (7), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(8) to the Drug Enforcement Administration, in connection 
     with a report submitted thereto under section 521 of the 
     Controlled Substances Act.''.
       (2) Technical amendment.--Paragraph (7) of section 2702(b) 
     of title 18, United States Code, is amended to read as 
     follows:
       ``(7) to a law enforcement agency if the contents--
       ``(A) were inadvertently obtained by the service provider; 
     and
       ``(B) appear to pertain to the commission of a crime;''.

     SEC. __03. SEVERABILITY.

       If any provision of this Act or 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 this Act and amendments made by this 
     Act, and the application of such provision or amendment to 
     any other person or circumstance, shall not be affected 
     thereby.
                                 ______
                                 
  SA 3077. Mr. KENNEDY submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___ TARGETING CHILD PREDATORS.

       (a) Nondisclosure of Administrative Subpoenas.--Section 
     3486(a) of title 18, United States Code, is amended--
       (1) by striking ``the Secretary of the Treasury'' each 
     place it appears and inserting ``the Secretary of Homeland 
     Security'';
       (2) in paragraph (5), by striking ``ordered by a court''; 
     and
       (3) in paragraph (6)--
       (A) in subparagraph (A), by striking ``A United States'' 
     and inserting ``Except as provided in subparagraph (D), a 
     United States''; and
       (B) by adding at the end the following:
       ``(D)(i)(I) If a subpoena issued under this section as 
     described in paragraph (1)(A)(i)(II) is accompanied by a 
     certification under subclause (II) of this clause and notice 
     of the right to judicial review under clause (iii) of this 
     subparagraph, no recipient of such a subpoena shall disclose 
     to any person that the Federal official who issued the 
     subpoena has sought or obtained access to information or 
     records under this section, for a period of 180 days.
       ``(II) The requirements of subclause (I) shall apply if the 
     Federal official who issued the subpoena certifies that the 
     absence of a prohibition of disclosure under this subsection 
     may result in--
       ``(aa) endangering the life or physical safety of an 
     individual;
       ``(bb) flight from prosecution;
       ``(cc) destruction of or tampering with evidence;
       ``(dd) intimidation of potential witnesses; or
       ``(ee) otherwise seriously jeopardizing an investigation.
       ``(ii)(I) A recipient of a subpoena under this section as 
     described in paragraph (1)(A)(i)(II) may disclose information 
     otherwise subject to any applicable nondisclosure requirement 
     to--
       ``(aa) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(bb) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(cc) other persons as permitted by the Federal official 
     who issued the subpoena.
       ``(II) A person to whom disclosure is made under subclause 
     (I) shall be subject to the nondisclosure requirements 
     applicable to a person to whom a subpoena is issued under 
     this section in the same manner as the person to whom the 
     subpoena was issued.
       ``(III) Any recipient that discloses to a person described 
     in subclause (I) information otherwise subject to a 
     nondisclosure requirement shall notify the person of the 
     applicable nondisclosure requirement.
       ``(IV) At the request of the Federal official who issued 
     the subpoena, any person making or intending to make a 
     disclosure under item (aa) or (cc) of subclause (I) shall 
     identify to the individual making the request under this 
     clause the person to whom such disclosure will be made or to 
     whom such disclosure was made prior to the request.

[[Page S5389]]

       ``(iii)(I) A nondisclosure requirement imposed under clause 
     (i) shall be subject to judicial review under section 3486A.
       ``(II) A subpoena issued under this section as described in 
     paragraph (1)(A)(i)(II), in connection with which a 
     nondisclosure requirement under clause (i) is imposed, shall 
     include notice of the availability of judicial review 
     described in subclause (I).
       ``(iv) A nondisclosure requirement imposed under clause (i) 
     may be extended in accordance with section 3486A(a)(4).''.
       (b) Judicial Review of Nondisclosure Requirements.--
       (1) In general.--Chapter 223 of title 18, United States 
     Code, is amended by inserting after section 3486 the 
     following:

     ``Sec. 3486A. Judicial review of nondisclosure requirements

       ``(a) Nondisclosure.--
       ``(1) In general.--
       ``(A) Notice.--If a recipient of a subpoena under section 
     3486 as described in subsection (a)(1)(A)(i)(II) of section 
     3486 wishes to have a court review a nondisclosure 
     requirement imposed in connection with the subpoena, the 
     recipient may notify the Government or file a petition for 
     judicial review in any court described in subsection (a)(5) 
     of section 3486.
       ``(B) Application.--Not later than 30 days after the date 
     of receipt of a notification under subparagraph (A), the 
     Government shall apply for an order prohibiting the 
     disclosure of the existence or contents of the relevant 
     subpoena. An application under this subparagraph may be filed 
     in the district court of the United States for the judicial 
     district in which the recipient of the subpoena is doing 
     business or in the district court of the United States for 
     any judicial district within which the authorized 
     investigation that is the basis for the subpoena is being 
     conducted. The applicable nondisclosure requirement shall 
     remain in effect during the pendency of proceedings relating 
     to the requirement.
       ``(C) Consideration.--A district court of the United States 
     that receives a petition under subparagraph (A) or an 
     application under subparagraph (B) should rule expeditiously, 
     and shall, subject to paragraph (3), issue a nondisclosure 
     order that includes conditions appropriate to the 
     circumstances.
       ``(2) Application contents.--An application for a 
     nondisclosure order or extension thereof or a response to a 
     petition filed under paragraph (1) shall include a 
     certification from the Federal official who issued the 
     subpoena indicating that the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(A) endangering the life or physical safety of an 
     individual;
       ``(B) flight from prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses; or
       ``(E) otherwise seriously jeopardizing an investigation.
       ``(3) Standard.--A district court of the United States 
     shall issue a nondisclosure order or extension thereof under 
     this subsection if the court determines that there is reason 
     to believe that disclosure of the information subject to the 
     nondisclosure requirement during the applicable time period 
     may result in--
       ``(A) endangering the life or physical safety of an 
     individual;
       ``(B) flight from prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses; or
       ``(E) otherwise seriously jeopardizing an investigation.
       ``(4) Extension.--Upon a showing that the circumstances 
     described in subparagraphs (A) through (E) of paragraph (3) 
     continue to exist, a district court of the United States may 
     issue an ex parte order extending a nondisclosure order 
     imposed under this subsection or under section 3486(a)(6)(D) 
     for additional periods of 180 days, or, if the court 
     determines that the circumstances necessitate a longer period 
     of nondisclosure, for additional periods which are longer 
     than 180 days.
       ``(b) Closed Hearings.--In all proceedings under this 
     section, subject to any right to an open hearing in a 
     contempt proceeding, the court must close any hearing to the 
     extent necessary to prevent an unauthorized disclosure of a 
     request for records, a report, or other information made to 
     any person or entity under section 3486. Petitions, filings, 
     records, orders, certifications, and subpoenas must also be 
     kept under seal to the extent and as long as necessary to 
     prevent the unauthorized disclosure of a subpoena under 
     section 3486.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 223 of title 18, United States Code, is 
     amended by inserting after the item relating to section 3486 
     the following:
       

``3486A. Judicial review of nondisclosure requirements.''.
                                 ______
                                 
  SA 3078. Mr. THUNE (for Mr. Lee) submitted an amendment intended to 
be proposed by Mr. Thune 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; which was ordered to lie on the table; as follows:

       Strike title I and insert the following:

                      TITLE I--KIDS ONLINE SAFETY

     SEC. 101. DEFINITIONS.

       In this title:
       (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--
       (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'' means 
     information sufficient to identify street name and name of a 
     city or town.
       (6) Individual-specific advertising to minors.--
       (A) In general.--The term ``individual-specific advertising 
     to minors'' means advertising or any other effort to market a 
     product or service that is directed to a specific minor or a 
     device that is linked or reasonably linkable to a minor based 
     on--
       (i) the personal data of--

       (I) the minor; or
       (II) a group of minors who are similar in sex, age, income 
     level, race, or ethnicity to the specific minor to whom the 
     product or service is marketed;

       (ii) profiling of a minor or group of minors; or
       (iii) a unique identifier of the device.
       (B) Exclusions.--The term ``individual-specific advertising 
     to minors'' 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 minor's 
     current search query;
       (ii) contextual advertising, such as when an advertisement 
     is displayed based on the content of the covered platform on 
     which the advertisement appears and does not vary based on 
     personal data related to the viewer;
       (iii) processing personal data solely for measuring or 
     reporting advertising or content performance, reach, or 
     frequency, including independent measurement;

[[Page S5390]]

       (C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to prohibit a covered platform that knows 
     an individual is under the age of 17 from delivering 
     advertising or marketing that is age-appropriate for the 
     individual involved and intended for a child or teen audience 
     (as applicable), so long as the covered platform does not use 
     any personal data other than whether the user is under the 
     age of 17 to deliver such advertising or marketing.
       (7) Know or knows.--The term ``know'' or ``knows'' means to 
     have actual knowledge or knowledge fairly implied on the 
     basis of objective circumstances.
       (8) 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).
       (9) 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.
       (10) Minor.--The term ``minor'' means an individual who is 
     under the age of 17.
       (11) 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.
       (12) Online video game.--The term ``online video game'' 
     means a video game, including an educational video game, that 
     connects to the internet and that--
       (A) allows a user to--
       (i) 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;
       (ii) engage in microtransactions within the game; or
       (iii) communicate with other users; or
       (B) incorporates individual-specific advertising to minors.
       (13) 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).
       (14) 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).
       (15) 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.
       (16) 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.
       (D) Sex trafficking of children, as described in section 
     1591 of title 18, United States Code.
       (17) 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, 
     content that is distributed with the intent to exacerbate 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) Promotion and marketing of obscene matter (as that term 
     is used in section 1470 of title 18, United States Code).
       (7) 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) Options.--A covered platform shall provide a user that 
     the covered platform knows is a minor with readily-accessible 
     and easy-to-use options to--
       (A) delete the minor's account and delete any personal data 
     collected from, or shared by, the minor on the covered 
     platform; or
       (B) 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--

[[Page S5391]]

       (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 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 personal data and safeguards for 
     minors;
       (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 parental 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 parental consent as required.
       (3) Consolidated notices.--For purposes of this title, a 
     covered platform may consolidate the process for providing 
     information under this subsection and obtaining verifiable 
     parental 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 that 
     facilitates advertising aimed at users that the platform 
     knows are minors 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;
       (B) if the covered platform engages in individual-specific 
     advertising to minors, why a particular advertisement is 
     directed to a specific minor, including material information 
     about how the minor's personal data is used to direct the 
     advertisement to the minor; and
       (C) 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 personal 
     data and safeguards for minors; 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.

[[Page S5392]]

       (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 title.
       (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
       (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 title 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

[[Page S5393]]

     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 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 title; 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 title.
       (c) Limitation on Federal Trade Commission Guidance.--
       (1) Effect of guidance.--No guidance issued by the Federal 
     Trade Commission with respect to this title 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 title, the Federal Trade Commission 
     or a State attorney general, as applicable--
       (A) shall allege a violation of a provision of this title; 
     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 title, unless the practices 
     are alleged to violate a provision of this title.
     For purposes of enforcing this title, 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 title 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 
     title 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 title.
       (B) Privileges and immunities.--Any person that violates 
     this title 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 title 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

[[Page S5394]]

     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 title 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 title, 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 title.
       (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, harm reduction as it relates to early exposures to 
     pornographic material, 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 faith-based organizations.
       (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 title, 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 title, this title 
     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 title 
     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;
       (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 
     title, 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 title, 
     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 title 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 title 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) to provide an individual that the service knows is a 
     minor with readily-accessible and easy-to-use options to 
     delete an account held by the minor and delete any personal 
     data collected from the minor on the service, or, in the case 
     of a service that allows a parent to create a profile for a 
     minor, to allow a parent to delete the minor's profile, and 
     to delete any personal data collected from the minor on the 
     service;
       (D) for a parent to manage a minor's privacy and account 
     settings, and restrict purchases and financial transactions 
     by a minor, where applicable;
       (E) to provide an electronic point of contact specific to 
     matters described in this paragraph;
       (F) to offer a clear, conspicuous, and easy-to-understand 
     notice of its policies and practices with respect to personal 
     data and the capabilities described in this paragraph; and
       (G) 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.
       (f) Application to Particular Viewpoints.--Nothing in this 
     title shall be construed to require a covered platform to 
     alter a design feature in such a manner that would result in 
     particular viewpoints being throttled, suppressed, or 
     censored.
                                 ______
                                 
  SA 3079. Mr. THUNE (for Mr. Lee) submitted an amendment intended to 
be proposed by Mr. Thune 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; which was ordered to lie on the table; as follows:

       After title III, add the following:

                          TITLE IV--SCREEN ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Shielding Children's 
     Retinas from Egregious Exposure on the Net Act'' or the 
     ``SCREEN Act''.

     SEC. 402. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Over the 3 decades preceding the date of enactment of 
     this Act, Congress has passed several bills to protect minors 
     from access to online pornographic content, including title V 
     of the Telecommunications Act of 1996 (Public Law 104-104) 
     (commonly known as the ``Communications Decency Act''), 
     section 231 of the Communications Act of 1934 (47 U.S.C. 231) 
     (commonly known as the ``Child Online Protection Act''), and 
     the Children's Internet Protection Act (title XVII of 
     division B of Public Law 106-554).
       (2) With the exception of the Children's Internet 
     Protection Act (title XVII of division B of Public Law 106-
     554), the Supreme Court of the United States has struck down

[[Page S5395]]

     the previous efforts of Congress to shield children from 
     pornographic content, finding that such legislation 
     constituted a ``compelling government interest'' but that it 
     was not the least restrictive means to achieve such interest. 
     In Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court even 
     suggested at the time that ``blocking and filtering 
     software'' could conceivably be a ``primary alternative'' to 
     the requirements passed by Congress.
       (3) In the nearly 2 decades since the Supreme Court of the 
     United States suggested the use of ``blocking and filtering 
     software'', such technology has proven to be ineffective in 
     protecting minors from accessing online pornographic content. 
     The Kaiser Family Foundation has found that filters do not 
     work on 1 in 10 pornography sites accessed intentionally and 
     1 in 3 pornography sites that are accessed unintentionally. 
     Further, it has been proven that children are able to bypass 
     ``blocking and filtering'' software by employing strategic 
     searches or measures to bypass the software completely.
       (4) Additionally, Pew Research has revealed studies showing 
     that only 39 percent of parents use blocking or filtering 
     software for their minor's online activities, meaning that 61 
     percent of children only have restrictions on their internet 
     access when they are at school or at a library.
       (5) 17 States have now recognized pornography as a public 
     health hazard that leads to a broad range of individual 
     harms, societal harms, and public health impacts.
       (6) It is estimated that 80 percent of minors between the 
     ages of 12 to 17 have been exposed to pornography, with 54 
     percent of teenagers seeking it out. The internet is the most 
     common source for minors to access pornography with 
     pornographic websites receiving more web traffic in the 
     United States than Twitter, Netflix, Pinterest, and LinkedIn 
     combined.
       (7) Exposure to online pornography has created unique 
     psychological effects for minors, including anxiety, 
     addiction, low self-esteem, body image disorders, an increase 
     in problematic sexual activity at younger ages, and an 
     increased desire among minors to engage in risky sexual 
     behavior.
       (8) The Supreme Court of the United States has recognized 
     on multiple occasions that Congress has a ``compelling 
     government interest'' to protect the physical and 
     psychological well-being of minors, which includes shielding 
     them from ``indecent'' content that may not necessarily be 
     considered ``obscene'' by adult standards.
       (9) Because ``blocking and filtering software'' has not 
     produced the results envisioned nearly 2 decades ago, it is 
     necessary for Congress to pursue alternative policies to 
     enable the protection of the physical and psychological well-
     being of minors.
       (10) The evolution of our technology has now enabled the 
     use of age verification technology that is cost efficient, 
     not unduly burdensome, and can be operated narrowly in a 
     manner that ensures only adults have access to a website's 
     online pornographic content.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) shielding minors from access to online pornographic 
     content is a compelling government interest that protects the 
     physical and psychological well-being of minors; and
       (2) requiring interactive computer services that are in the 
     business of creating, hosting, or making available 
     pornographic content to enact technological measures that 
     shield minors from accessing pornographic content on their 
     platforms is the least restrictive means for Congress to 
     achieve its compelling government interest.

     SEC. 403. DEFINITIONS.

       In this title:
       (1) Child pornography; minor.--The terms ``child 
     pornography'' and ``minor'' have the meanings given those 
     terms in section 2256 of title 18, United States Code.
       (2) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (3) Covered platform.--The term ``covered platform''--
       (A) means an entity--
       (i) that is an interactive computer service;
       (ii) that--

       (I) is engaged in interstate or foreign commerce; or
       (II) purposefully avails itself of the United States market 
     or a portion thereof; and

       (iii) for which it is in the regular course of the trade or 
     business of the entity to create, host, or make available 
     content that meets the definition of harmful to minors under 
     paragraph (4) and that is provided by the entity, a user, or 
     other information content provider, with the objective of 
     earning a profit; and
       (B) includes an entity described in subparagraph (A) 
     regardless of whether--
       (i) the entity earns a profit on the activities described 
     in subparagraph (A)(iii); or
       (ii) creating, hosting, or making available content that 
     meets the definition of harmful to minors under paragraph (4) 
     is the sole source of income or principal business of the 
     entity.
       (4) Harmful to minors.--The term ``harmful to minors'', 
     with respect to a picture, image, graphic image file, film, 
     videotape, or other visual depiction, means that the picture, 
     image, graphic image file, film, videotape, or other 
     depiction--
       (A)(i) taken as a whole and with respect to minors, appeals 
     to the prurient interest in nudity, sex, or excretion;
       (ii) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or lewd exhibition 
     of the genitals; and
       (iii) taken as a whole, lacks serious, literary, artistic, 
     political, or scientific value as to minors;
       (B) is obscene; or
       (C) is child pornography.
       (5) Information content provider; interactive computer 
     service.--The terms ``information content provider'' and 
     ``interactive computer service'' have the meanings given 
     those terms in section 230(f) of the Communications Act of 
     1934 (47 U.S.C. 230(f)).
       (6) Sexual act; sexual contact.--The terms ``sexual act'' 
     and ``sexual contact'' have the meanings given those terms in 
     section 2246 of title 18, United States Code.
       (7) Technology verification measure.--The term ``technology 
     verification measure'' means technology that--
       (A) employs a system or process to determine whether it is 
     more likely than not that a user of a covered platform is a 
     minor; and
       (B) prevents access by minors to any content on a covered 
     platform.
       (8) Technology verification measure data.--The term 
     ``technology verification measure data'' means information 
     that--
       (A) identifies, is linked to, or is reasonably linkable to 
     an individual or a device that identifies, is linked to, or 
     is reasonably linkable to an individual;
       (B) is collected or processed for the purpose of fulfilling 
     a request by an individual to access any content on a covered 
     platform; and
       (C) is collected and processed solely for the purpose of 
     utilizing a technology verification measure and meeting the 
     obligations imposed under this title.

     SEC. 404. TECHNOLOGY VERIFICATION MEASURES.

       (a) Covered Platform Requirements.--Beginning on the date 
     that is 1 year after the date of enactment of this Act, a 
     covered platform shall adopt and utilize technology 
     verification measures on the platform to ensure that--
       (1) users of the covered platform are not minors; and
       (2) minors are prevented from accessing any content on the 
     covered platform that is harmful to minors.
       (b) Requirements for Age Verification Measures.--In order 
     to comply with the requirement of subsection (a), the 
     technology verification measures adopted and utilized by a 
     covered platform shall do the following:
       (1) Use a technology verification measure in order to 
     verify a user's age.
       (2) Provide that requiring a user to confirm that the user 
     is not a minor shall not be sufficient to satisfy the 
     requirement of subsection (a).
       (3) Make publicly available the verification process that 
     the covered platform is employing to comply with the 
     requirements under this title.
       (4) Subject the Internet Protocol (IP) addresses, including 
     known virtual proxy network IP addresses, of all users of a 
     covered platform to the technology verification measure 
     described in paragraph (1) unless the covered platform 
     determines based on available technology that a user is not 
     located within the United States.
       (c) Choice of Verification Measures.--A covered platform 
     may choose the specific technology verification measures to 
     employ for purposes of complying with subsection (a), 
     provided that the technology verification measure employed by 
     the covered platform meets the requirements of subsection (b) 
     and prohibits a minor from accessing the platform or any 
     information on the platform that is obscene, child 
     pornography, or harmful to minors.
       (d) Use of Third Parties.--A covered platform may contract 
     with a third party to employ technology verification measures 
     for purposes of complying with subsection (a) but the use of 
     such a third party shall not relieve the covered platform of 
     its obligations under this title or from liability under this 
     title.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to require a covered platform to submit to the 
     Commission any information that identifies, is linked to, or 
     is reasonably linkable to a user of the covered platform or a 
     device that identifies, is linked to, or is reasonably 
     linkable to a user of the covered platform.
       (f) Technology Verification Measure Data Security.--A 
     covered platform shall--
       (1) establish, implement, and maintain reasonable data 
     security to--
       (A) protect the confidentiality, integrity, and 
     accessibility of technology verification measure data 
     collected by the covered platform or a third party employed 
     by the covered platform; and
       (B) protect such technology verification measure data 
     against unauthorized access; and
       (2) retain the technology verification measure data for no 
     longer than is reasonably necessary to utilize a technology 
     verification measure or what is minimally necessary to 
     demonstrate compliance with the obligations under this title.

     SEC. 405. CONSULTATION REQUIREMENTS.

       In enforcing the requirements under section 404, the 
     Commission shall consult with the following individuals, 
     including with respect to the applicable standards and 
     metrics for making a determination on whether a user of a 
     covered platform is not a minor:
       (1) Individuals with experience in computer science and 
     software engineering.
       (2) Individuals with experience in--

[[Page S5396]]

       (A) advocating for online child safety; or
       (B) providing services to minors who have been victimized 
     by online child exploitation.
       (3) Individuals with experience in consumer protection and 
     online privacy.
       (4) Individuals who supply technology verification measure 
     products or have expertise in technology verification measure 
     solutions.
       (5) Individuals with experience in data security and 
     cryptography.

     SEC. 406. COMMISSION REQUIREMENTS.

       (a) In General.--The Commission shall--
       (1) conduct regular audits of covered platforms to ensure 
     compliance with the requirements of section 404;
       (2) make public the terms and processes for the audits 
     conducted under paragraph (1), including the processes for 
     any third party conducting an audit on behalf of the 
     Commission;
       (3) establish a process for each covered platform to submit 
     only such documents or other materials as are necessary for 
     the Commission to ensure full compliance with the 
     requirements of section 404 when conducting audits under this 
     section; and
       (4) prescribe the appropriate documents, materials, or 
     other measures required to demonstrate full compliance with 
     the requirements of section 404.
       (b) Guidance.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall issue guidance to 
     assist covered platforms in complying with the requirements 
     of section 404.
       (2) Limitations on guidance.--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 shall allege a specific violation 
     of a provision of this title. The Commission may not base an 
     enforcement action on, or execute a consent order based on, 
     practices that are alleged to be inconsistent with any such 
     guidelines, unless the practices allegedly violate a 
     provision of this title.

     SEC. 407. ENFORCEMENT.

       (a) Unfair or Deceptive Act or Practice.--A violation of 
     section 404 shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
       (b) Powers of the Commission.--
       (1) In general.--The Commission shall enforce section 404 
     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 title.
       (2) Privileges and immunities.--Any person who violates 
     section 404 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 title shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.

     SEC. 408. GAO REPORT.

       Not later than 2 years after the date on which covered 
     platforms are required to comply with the requirement of 
     section 404(a), the Comptroller General of the United States 
     shall submit to Congress a report that includes--
       (1) an analysis of the effectiveness of the technology 
     verification measures required under such section;
       (2) an analysis of rates of compliance with such section 
     among covered platforms;
       (3) an analysis of the data security measures used by 
     covered platforms in the age verification process;
       (4) an analysis of the behavioral, economic, psychological, 
     and societal effects of implementing technology verification 
     measures;
       (5) recommendations to the Commission on improving 
     enforcement of section 404(a), if any; and
       (6) recommendations to Congress on potential legislative 
     improvements to this title, if any.

     SEC. 409. SEVERABILITY CLAUSE.

       If any provision of this Act, or the application of such a 
     provision to any person or circumstance, is held to be 
     unconstitutional, the remaining provisions of this Act, and 
     the application of such provisions to any other person or 
     circumstance, shall not be affected thereby.
                                 ______
                                 
  SA 3080. Mr. CRUZ submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

        At the end, add the following:

                       TITLE IV--TAKE IT DOWN ACT

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Tools to Address Known 
     Exploitation by Immobilizing Technological Deepfakes on 
     Websites and Networks Act'' or the ``TAKE IT DOWN Act''.

     SEC. 402. CRIMINAL PROHIBITION ON INTENTIONAL DISCLOSURE OF 
                   NONCONSENSUAL INTIMATE VISUAL DEPICTIONS.

       (a) In General.--Section 223 of the Communications Act of 
     1934 (47 U.S.C. 223) is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following:
       ``(h) Intentional Disclosure of Nonconsensual Intimate 
     Visual Depictions.--
       ``(1) Definitions.--In this subsection:
       ``(A) Consent.--The term `consent' means an affirmative, 
     conscious, and voluntary authorization made by an individual 
     free from force, fraud, duress, misrepresentation, or 
     coercion.
       ``(B) Deepfake.--The term `deepfake' means a video or image 
     that is generated or substantially modified using machine-
     learning techniques or any other computer-generated or 
     machine-generated means to falsely depict an individual's 
     appearance or conduct within an intimate visual depiction.
       ``(C) Identifiable individual.--
       ``(i) In general.--The term `identifiable individual' means 
     an individual--

       ``(I) who appears in whole or in part in an intimate visual 
     depiction; and
       ``(II) whose face, likeness, or other distinguishing 
     characteristic (including a unique birthmark or other 
     recognizable feature) is displayed in connection with such 
     intimate visual depiction.

       ``(ii) Appears.--For purposes of clause (i), an individual 
     appears in an intimate visual depiction if--

       ``(I) the individual is actually the individual identified 
     in the intimate visual depiction; or
       ``(II) a deepfake of the individual is used to 
     realistically depict the individual such that a reasonable 
     person would believe the individual is actually depicted in 
     the intimate visual depiction.

       ``(D) Interactive computer service.--The term `interactive 
     computer service' has the meaning given the term in section 
     230.
       ``(E) Intimate visual depiction.--The term `intimate visual 
     depiction' has the meaning given such term in section 1309 of 
     the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).
       ``(F) Minor.--The term `minor' means any individual under 
     the age of 18 years.
       ``(2) Offense.--
       ``(A) Involving adults.--Except as provided in subparagraph 
     (C), it shall be unlawful for any person, in interstate or 
     foreign commerce, to use an interactive computer service to 
     knowingly publish an intimate visual depiction of an 
     identifiable individual who is not a minor if--
       ``(i) the intimate visual depiction was obtained or created 
     under circumstances in which the person knew or reasonably 
     should have known the identifiable individual had a 
     reasonable expectation of privacy;
       ``(ii) what is depicted was not voluntarily exposed by the 
     identifiable individual in a public or commercial setting;
       ``(iii) what is depicted is not a matter of public concern; 
     and
       ``(iv) publication of the intimate visual depiction--

       ``(I) is intended to cause harm; or
       ``(II) causes harm, including psychological, financial, or 
     reputational harm, to the identifiable individual.

       ``(B) Involving minors.--Except as provided in subparagraph 
     (C), it shall be unlawful for any person, in interstate or 
     foreign commerce, to use an interactive computer service to 
     knowingly publish an intimate visual depiction of an 
     identifiable individual who is a minor with intent to--
       ``(i) abuse, humiliate, harass, or degrade the minor; or
       ``(ii) arouse or gratify the sexual desire of any person.
       ``(C) Exceptions.--Subparagraphs (A) and (B) shall not 
     apply to--
       ``(i) a lawfully authorized investigative, protective, or 
     intelligence activity of--

       ``(I) a law enforcement agency of the United States, a 
     State, or a political subdivision of a State; or
       ``(II) an intelligence agency of the United States;

       ``(ii) a disclosure made reasonably and in good faith--

       ``(I) to a law enforcement officer or agency;
       ``(II) as part of a document production or filing 
     associated with a legal proceeding;
       ``(III) as part of medical education, diagnosis, or 
     treatment or for a legitimate medical, scientific, or 
     education purpose; or
       ``(IV) in the reporting of unlawful content or unsolicited 
     or unwelcome conduct or in pursuance of a legal, 
     professional, or other lawful obligation; or
       ``(V) to seek support or help with respect to the receipt 
     of an unsolicited intimate visual depiction;

       ``(iii) a disclosure reasonably intended to assist the 
     identifiable individual; or
       ``(iv) a person who possesses or publishes an intimate 
     visual depiction of himself or herself engaged in nudity or 
     sexually explicit conduct (as that term is defined in section 
     2256(2)(A) of title 18, United States Code).
       ``(3) Penalties.--
       ``(A) Offenses involving adults.--Any person who violates 
     paragraph (2)(A) shall be fined under title 18, United States 
     Code, imprisoned not more than 2 years, or both.
       ``(B) Offenses involving minors.--Any person who violates 
     paragraph (2)(B) shall be fined under title 18, United States 
     Code, imprisoned not more than 3 years, or both.
       ``(4) Rules of construction.--For purposes of paragraph 
     (2)--

[[Page S5397]]

       ``(A) the fact that the identifiable individual provided 
     consent for the creation of the intimate visual depiction 
     shall not establish that the individual provided consent for 
     the publication of the intimate visual depiction; and
       ``(B) the fact that the identifiable individual disclosed 
     the intimate visual depiction to another individual shall not 
     establish that the identifiable individual provided consent 
     for the publication of the intimate visual depiction by the 
     person alleged to have violated paragraph (2).
       ``(5) Threats.--Any person who intentionally threatens to 
     commit an offense under paragraph (2) for the purpose of 
     intimidation, coercion, extortion, or to create mental 
     distress shall be punished as provided in paragraph (3).
       ``(6) Forfeiture.--
       ``(A) In general.--The court, in imposing a sentence on any 
     person convicted of a violation of subparagraph (2), shall 
     order, in addition to any other sentence imposed and 
     irrespective of any provision of State law, that the person 
     forfeit to the United States--
       ``(i) any material distributed in violation of that 
     paragraph;
       ``(ii) the person's interest in property, real or personal, 
     constituting or derived from any gross proceeds of the 
     violation, or any property traceable to such property, 
     obtained or retained directly or indirectly as a result of 
     the violation; and
       ``(iii) any personal property of the person used, or 
     intended to be used, in any manner or part, to commit or to 
     facilitate the commission of the violation.
       ``(B) Procedures.--Section 413 of the Controlled Substances 
     Act (21 U.S.C. 853), with the exception of subsections (a) 
     and (d), shall apply to the criminal forfeiture of property 
     under subparagraph (A).
       ``(7) Restitution.--The court shall order restitution for 
     an offense under paragraph (2) in the same manner as under 
     section 2264 of title 18, United States Code.''.
       (b) Defenses.--Section 223(e)(1) of the Communications Act 
     of 1934 (47 U.S.C. 223(e)(1)) is amended by striking ``or 
     (d)'' and inserting ``, (d), or (h)''.
       (c) Technical and Conforming Amendment.--Subsection (i) of 
     section 223 of the Communications Act of 1934 (47 U.S.C. 
     223), as so redesignated by subsection (a), is amended by 
     inserting ``Definitions.--'' before ``For purposes of this 
     section''.

     SEC. 403. NOTICE AND REMOVAL OF NONCONSENSUAL INTIMATE VISUAL 
                   DEPICTIONS.

       (a) In General.--
       (1) Notice and removal process.--
       (A) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, a covered platform shall establish a 
     process whereby an identifiable individual (or an authorized 
     representative of such individual) may--
       (i) notify the covered platform of an intimate visual 
     depiction published on the covered platform that--

       (I) includes a depiction of the identifiable individual; 
     and
       (II) was published without the consent of the identifiable 
     individual; and

       (ii) submit a request for the covered platform to remove 
     such intimate visual depiction.
       (B) Requirements.--A notification and request for removal 
     of an intimate visual depiction submitted under the process 
     established under subparagraph (A) shall include, in 
     writing--
       (i) a physical or electronic signature of the identifiable 
     individual (or an authorized representative of such 
     individual);
       (ii) an identification of the intimate visual depiction of 
     the identifiable individual; and
       (iii) a brief statement that the identifiable individual 
     has a good faith belief that any intimate visual depiction 
     identified under clause (ii) is not consensual, including any 
     relevant information for the covered platform to determine 
     the intimate visual depiction was published without the 
     consent of the identifiable individual.
       (2) Notice of process.--A covered platform shall provide on 
     the platform a clear and conspicuous notice of the notice and 
     removal process established under paragraph (1)(A).
       (3) Removal of nonconsensual intimate visual depictions.--
     Upon receiving a valid removal request from an identifiable 
     individual (or an authorized representative of such 
     individual) using the process described in paragraph 
     (1)(A)(ii), a covered platform shall remove the intimate 
     visual depiction and make reasonable efforts to remove any 
     identical copies of such depiction as soon as possible, but 
     not later than 48 hours after receiving such request.
       (4) Limitation on liability.--A covered platform shall not 
     be liable for any claim based on the covered platform's good 
     faith disabling of access to, or removal of, material claimed 
     to be a nonconsensual intimate visual depiction based on 
     facts or circumstances from which the unlawful publishing of 
     an intimate visual depiction is apparent, regardless of 
     whether the intimate visual depiction is ultimately 
     determined to be unlawful or not.
       (b) Enforcement by the Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     this section shall be treated as a violation of a rule 
     defining an unfair or a deceptive act or practice under 
     section 18(a)(1)(B) of the Federal Trade Commission Act (15 
     U.S.C. 57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--Except as provided in subparagraph (D), 
     the Commission shall enforce this section in the same manner, 
     by the same means, and with the same jurisdiction, powers, 
     and duties as though all applicable terms and provisions of 
     the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
     incorporated into and made a part of this section.
       (B) Privileges and immunities.--Any person who violates 
     this title 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 title shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (D) Scope of jurisdiction.--Notwithstanding sections 4, 
     5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 
     44, 45(a)(2), 46), or any jurisdictional limitation of the 
     Commission, the Commission shall also enforce this section in 
     the same manner provided in subparagraph (A), with respect to 
     organizations that are not organized to carry on business for 
     their own profit or that of their members.

     SEC. 404. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Consent; deepfake; identifiable individual; intimate 
     visual depiction.--The terms ``consent'', ``deepfake'', 
     ``identifiable individual'', ``intimate visual depiction'', 
     and ``minor'' have the meaning given such terms in section 
     223(h) of the Communications Act of 1934 (47 U.S.C. 223), as 
     added by section 402.
       (3) Covered platform.--
       (A) In general.--The term ``covered platform'' means a 
     website, online service, online application, or mobile 
     application that--
       (i) serves the public; and
       (ii) primarily provides a forum for user-generated content, 
     including messages, videos, images, games, and audio files.
       (B) Exclusions.--The term ``covered platform'' shall not 
     include the following:
       (i) A provider of broadband internet access service (as 
     described in section 8.1(b) of title 47, Code of Federal 
     Regulations, or successor regulation).
       (ii) Electronic mail.
       (iii) An online service, application, or website--

       (I) that consists primarily of content that is not user 
     generated but is preselected by the provider of such online 
     service, application, or website; and
       (II) for which any chat, comment, or interactive 
     functionality is incidental to, directly related to, or 
     dependent on the provision of the content described in 
     subclause (I).

                                 ______
                                 
  SA 3081. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       Beginning on page 6, line 25, strike ``or'' and all that 
     follows through ``circumstances'' on page 7, line 2.
                                 ______
                                 
  SA 3082. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to grant the Federal 
     Trade Commission or the Kids Online Safety Council the 
     authority to promulgate regulations or issue guidance beyond 
     those required to prevent the targeted abuse of minors.
                                 ______
                                 
  SA 3083. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RULE OF CONSTRUCTION.

       All speech protected by the First Amendment of the 
     Constitution shall be exempt from all regulations and 
     restrictions imposed by this Act.
                                 ______
                                 
  SA 3084. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S5398]]

  


     SEC. ___. RULE OF CONSTRUCTION.

       Nothing in this Act, nor any regulation promulgated or 
     guidance issued by the Federal Trade Commission or the Kids 
     Online Safety Council, shall be construed to exceed the 
     regulations and requirements applicable to broadcast 
     television.
                                 ______
                                 
  SA 3085. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RULE OF CONSTRUCTION.

       Nothing in this Act, nor any regulation promulgated 
     thereunder by the Federal Trade Commission or the Kids Online 
     Safety Council, shall be construed to apply to political, 
     social, or religious speech.
                                 ______
                                 
  SA 3086. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       Strike section 102.
                                 ______
                                 
  SA 3087. Mr. PAUL submitted an amendment intended to be proposed by 
him 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; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kids Online Safety and 
     Privacy Act''.

     SEC. 2. 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. 3. 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.
                                 ______
                                 
  SA 3088. Ms. KLOBUCHAR (for herself and Mr. Moran) submitted an 
amendment intended to be proposed by her 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; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

             TITLE IV--FULFILLING PROMISES TO AFGHAN ALLIES

     SEC. 401. DEFINITIONS.

       In this title:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (F) the Committee on the Judiciary of the House of 
     Representatives;
       (G) the Committee on Foreign Affairs of the House of 
     Representatives;
       (H) the Committee on Armed Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Special immigrant status.--The term ``special immigrant 
     status'' means special immigrant status provided under--
       (A) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 
     note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by section 406(a).
       (5) Specified application.--The term ``specified 
     application'' means--
       (A) a pending, documentarily complete application for 
     special immigrant status; and
       (B) a case in processing in the United States Refugee 
     Admissions Program for an individual who has received a 
     Priority 1 or Priority 2 referral to such program.
       (6) United states refugee admissions program.--The term 
     ``United States Refugee

[[Page S5399]]

     Admissions Program'' means the program to resettle refugees 
     in the United States pursuant to the authorities provided in 
     sections 101(a)(42), 207, and 412 of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(42), 1157, and 1522).

     SEC. 402. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED 
                   STATES.

       (a) Response to Congressional Inquiries.--The Secretary of 
     State shall respond to inquiries by Members of Congress 
     regarding the status of a specified application submitted by, 
     or on behalf of, a national of Afghanistan, including any 
     information that has been provided to the applicant, in 
     accordance with section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)).
       (b) Office in Lieu of Embassy.--During the period in which 
     there is no operational United States embassy in Afghanistan, 
     the Secretary of State shall designate an appropriate office 
     within the Department of State--
       (1) to review specified applications submitted by nationals 
     of Afghanistan residing in Afghanistan, including by 
     conducting any required interviews;
       (2) to issue visas or other travel documents to such 
     nationals, in accordance with the immigration laws;
       (3) to provide services to such nationals, to the greatest 
     extent practicable, that would normally be provided by an 
     embassy; and
       (4) to carry out any other function the Secretary of State 
     considers necessary.

     SEC. 403. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE 
                   INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Conditional permanent resident status.--The term 
     ``conditional permanent resident status'' means conditional 
     permanent resident status under section 216 and 216A of the 
     Immigration and Nationality Act (8 U.S.C. 1186a, 1186b), 
     subject to the provisions of this section.
       (2) Eligible individual.--The term ``eligible individual'' 
     means an alien who--
       (A) is present in the United States;
       (B) is a citizen or national of Afghanistan or, in the case 
     of an alien having no nationality, is a person who last 
     habitually resided in Afghanistan;
       (C) has not been granted permanent resident status;
       (D)(i) was inspected and admitted to the United States on 
     or before the date of the enactment of this Act; or
       (ii) was paroled into the United States during the period 
     beginning on July 30, 2021, and ending on the date of the 
     enactment of this Act, provided that--

       (I) such parole has not been terminated by the Secretary 
     upon written notice; and
       (II) the alien did not enter the United States at a 
     location between ports of entry along the southwest land 
     border; and

       (E) is admissible to the United States as an immigrant 
     under the applicable immigration laws, including eligibility 
     for waivers of grounds of inadmissibility to the extent 
     provided by the immigration laws and the terms of this 
     section.
       (b) Conditional Permanent Resident Status for Eligible 
     Individuals.--
       (1) Adjustment of status to conditional permanent resident 
     status.--Beginning on the date of the enactment of this Act, 
     the Secretary--
       (A) may adjust the status of each eligible individual to 
     that of an alien lawfully admitted for permanent residence 
     status, subject to the procedures established by the 
     Secretary to determine eligibility for conditional permanent 
     resident status; and
       (B) shall create for each eligible individual who is 
     granted adjustment of status under this section a record of 
     admission to such status as of the date on which the eligible 
     individual was initially inspected and admitted or paroled 
     into the United States, or July 30, 2021, whichever is later,

      unless the Secretary determines, on a case-by-case basis, 
     that such individual is inadmissible under any ground of 
     inadmissibility under section 212 (other than subsection 
     (a)(4)) of the Immigration and Nationality Act ( 8 U.S.C. 
     1182) and is not eligible for a waiver of such grounds of 
     inadmissibility as provided by this title or by the 
     immigration laws.
       (2) Conditional basis.--An individual who obtains lawful 
     permanent resident status under this section shall be 
     considered, at the time of obtaining the status of an alien 
     lawfully admitted for permanent residence, to have obtained 
     such status on a conditional basis subject to the provisions 
     of this section.
       (c) Conditional Permanent Resident Status Described.--
       (1) Assessment.--
       (A) In general.--Before granting conditional permanent 
     resident status to an eligible individual under subsection 
     (b)(1), the Secretary shall conduct an assessment with 
     respect to the eligible individual, which shall be equivalent 
     in rigor to the assessment conducted with respect to refugees 
     admitted to the United States through the United States 
     Refugee Admissions Program, for the purpose of determining 
     whether the eligible individual is inadmissible under any 
     ground of inadmissibility under section 212 (other than 
     subsection (a)(4)) of the Immigration and Nationality Act (8 
     U.S.C. 1182) and is not eligible for a waiver of such grounds 
     of inadmissibility under paragraph (2)(C) or the immigration 
     laws.
       (B) Consultation.--In conducting an assessment under 
     subparagraph (A), the Secretary may consult with the head of 
     any other relevant agency and review the holdings of any such 
     agency.
       (2) Removal of conditions.--
       (A) In general.--Not earlier than the date described in 
     subparagraph (B), the Secretary may remove the conditional 
     basis of the status of an individual granted conditional 
     permanent resident status under this section unless the 
     Secretary determines, on a case-by-case basis, that such 
     individual is inadmissible under any ground of 
     inadmissibility under paragraph (2) or (3) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)), 
     and is not eligible for a waiver of such grounds of 
     inadmissibility under subparagraph (C) or the immigration 
     laws.
       (B) Date described.--The date described in this 
     subparagraph is the earlier of--
       (i) the date that is 4 years after the date on which the 
     individual was admitted or paroled into the United States; or
       (ii) July 1, 2027.
       (C) Waiver.--
       (i) In general.--Except as provided in clause (ii), to 
     determine eligibility for conditional permanent resident 
     status under subsection (b) or removal of conditions under 
     this paragraph, the Secretary may waive the application of 
     the grounds of inadmissibility under 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
     humanitarian purposes or to ensure family unity.
       (ii) Exceptions.--The Secretary may not waive under clause 
     (i) the application of subparagraphs (C) through (E) and (G) 
     through (H) of paragraph (2), or paragraph (3), of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)).
       (iii) Rule of construction.--Nothing in this subparagraph 
     may be construed to expand or limit any other waiver 
     authority applicable under the immigration laws to an 
     individual who is otherwise eligible for adjustment of 
     status.
       (D) Timeline.--Not later than 180 days after the date 
     described in subparagraph (B), the Secretary shall, to the 
     greatest extent practicable, remove conditions as to all 
     individuals granted conditional permanent resident status 
     under this section who are eligible for removal of 
     conditions.
       (3) Treatment of conditional basis of status period for 
     purposes of naturalization.--An individual in conditional 
     permanent resident status under this section shall be 
     considered--
       (A) to have been admitted to the United States as an alien 
     lawfully admitted for permanent residence; and
       (B) to be present in the United States as an alien lawfully 
     admitted to the United States for permanent residence, 
     provided that, no alien granted conditional permanent 
     resident status shall be naturalized unless the alien's 
     conditions have been removed under this section.
       (d) Termination of Conditional Permanent Resident Status.--
     Conditional permanent resident status shall terminate on, as 
     applicable--
       (1) the date on which the Secretary removes the conditions 
     pursuant to subsection (c)(2), on which date the alien shall 
     be lawfully admitted for permanent residence without 
     conditions;
       (2) the date on which the Secretary determines that the 
     alien was not an eligible individual under subsection (a)(2) 
     as of the date that such conditional permanent resident 
     status was granted, on which date of the Secretary's 
     determination the alien shall no longer be an alien lawfully 
     admitted for permanent residence; or
       (3) the date on which the Secretary determines pursuant to 
     subsection (c)(2) that the alien is not eligible for removal 
     of conditions, on which date the alien shall no longer be an 
     alien lawfully admitted for permanent residence.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the Secretary at any time 
     to place in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) any alien 
     who has conditional permanent resident status under this 
     section, if the alien is deportable under section 237 of such 
     Act (8 U.S.C. 1227) under a ground of deportability 
     applicable to an alien who has been lawfully admitted for 
     permanent residence.
       (f) Parole Expiration Tolled.--The expiration date of a 
     period of parole shall not apply to an individual under 
     consideration for conditional permanent resident status under 
     this section, until such time as the Secretary has determined 
     whether to issue conditional permanent resident status.
       (g) Periodic Nonadversarial Meetings.--
       (1) In general.--Not later than 180 days after the date on 
     which an individual is conferred conditional permanent 
     resident status under this section, and periodically 
     thereafter, the Office of Refugee Resettlement shall make 
     available opportunities for the individual to participate in 
     a nonadversarial meeting, during which an official of the 
     Office of Refugee Resettlement (or an agency funded by the 
     Office) shall--
       (A) on request by the individual, assist the individual in 
     a referral or application for applicable benefits 
     administered by the Department of Health and Human Services 
     and completing any applicable paperwork; and
       (B) answer any questions regarding eligibility for other 
     benefits administered by the United States Government.
       (2) Notification of requirements.--Not later than 7 days 
     before the date on which a meeting under paragraph (1) is 
     scheduled to occur, the Secretary of Health and Human

[[Page S5400]]

     Services shall provide notice to the individual that includes 
     the date of the scheduled meeting and a description of the 
     process for rescheduling the meeting.
       (3) Conduct of meeting.--The Secretary of Health and Human 
     Services shall implement practices to ensure that--
       (A) meetings under paragraph (1) are conducted in a 
     nonadversarial manner; and
       (B) interpretation and translation services are provided to 
     individuals granted conditional permanent resident status 
     under this section who have limited English proficiency.
       (4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       (A) to prevent an individual from electing to have counsel 
     present during a meeting under paragraph (1); or
       (B) in the event that an individual declines to participate 
     in such a meeting, to affect the individual's conditional 
     permanent resident status under this section or eligibility 
     to have conditions removed in accordance with this section.
       (h) Consideration.--Except with respect to an application 
     for naturalization and the benefits described in subsection 
     (p), an individual in conditional permanent resident status 
     under this section shall be considered to be an alien 
     lawfully admitted for permanent residence for purposes of the 
     adjudication of an application or petition for a benefit or 
     the receipt of a benefit.
       (i) Notification of Requirements.--Not later than 90 days 
     after the date on which the status of an individual is 
     adjusted to that of conditional permanent resident status 
     under this section, the Secretary shall provide notice to 
     such individual with respect to the provisions of this 
     section, including subsection (c)(1) (relating to the conduct 
     of assessments) and subsection (g) (relating to periodic 
     nonadversarial meetings).
       (j) Application for Naturalization.--The Secretary shall 
     establish procedures whereby an individual who would 
     otherwise be eligible to apply for naturalization but for 
     having conditional permanent resident status, may be 
     considered for naturalization coincident with removal of 
     conditions under subsection (c)(2).
       (k) Adjustment of Status Date.--
       (1) In general.--An alien described in paragraph (2) shall 
     be regarded as lawfully admitted for permanent residence as 
     of the date the alien was initially inspected and admitted or 
     paroled into the United States, or July 30, 2021, whichever 
     is later.
       (2) Alien described.--An alien described in this paragraph 
     is an alien who--
       (A) is described in subparagraphs (A), (B), and (D) of 
     subsection (a)(2), and whose status was adjusted to that of 
     an alien lawfully admitted for permanent residence on or 
     after July 30, 2021, but on or before the date of the 
     enactment of this Act; or
       (B) is an eligible individual whose status is then adjusted 
     to that of an alien lawfully admitted for permanent residence 
     after the date of the enactment of this Act under any 
     provision of the immigration laws other than this section.
       (l) Parents and Legal Guardians of Unaccompanied 
     Children.--A parent or legal guardian of an eligible 
     individual shall be eligible to obtain status as an alien 
     lawfully admitted for permanent residence on a conditional 
     basis if--
       (1) the eligible individual--
       (A) was under 18 years of age on the date on which the 
     eligible individual was granted conditional permanent 
     resident status under this section; and
       (B) was not accompanied by at least one parent or guardian 
     on the date the eligible individual was admitted or paroled 
     into the United States; and
       (2) such parent or legal guardian was admitted or paroled 
     into the United States after the date referred to in 
     paragraph (1)(B).
       (m) Guidance.--
       (1) Interim guidance.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall issue guidance 
     implementing this section.
       (B) Publication.--Notwithstanding section 553 of title 5, 
     United States Code, guidance issued pursuant to subparagraph 
     (A)--
       (i) may be published on the internet website of the 
     Department of Homeland Security; and
       (ii) shall be effective on an interim basis immediately 
     upon such publication but may be subject to change and 
     revision after notice and an opportunity for public comment.
       (2) Final guidance.--
       (A) In general.--Not later than 180 days after the date of 
     issuance of guidance under paragraph (1), the Secretary shall 
     finalize the guidance implementing this section.
       (B) Exemption from the administrative procedures act.--
     Chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act''), or any other law 
     relating to rulemaking or information collection, shall not 
     apply to the guidance issued under this paragraph.
       (n) Asylum Claims.--
       (1) In general.--With respect to the adjudication of an 
     application for asylum submitted by an eligible individual, 
     section 2502(c) of the Extending Government Funding and 
     Delivering Emergency Assistance Act (8 U.S.C. 1101 note; 
     Public Law 117-43) shall not apply.
       (2) Rule of construction.--Nothing in this section may be 
     construed to prohibit an eligible individual from seeking or 
     receiving asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158).
       (o) Prohibition on Fees.--The Secretary may not charge a 
     fee to any eligible individual in connection with the initial 
     issuance under this section of--
       (1) a document evidencing status as an alien lawfully 
     admitted for permanent residence or conditional permanent 
     resident status; or
       (2) an employment authorization document.
       (p) Eligibility for Benefits.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) an individual described in subsection (a) of section 
     2502 of the Afghanistan Supplemental Appropriations Act, 2022 
     (8 U.S.C. 1101 note; Public Law 117-43) shall retain his or 
     her eligibility for the benefits and services described in 
     subsection (b) of such section if the individual is under 
     consideration for, or is granted, adjustment of status under 
     this section; and
       (B) such benefits and services shall remain available to 
     the individual to the same extent and for the same periods of 
     time as such benefits and services are otherwise available to 
     refugees who acquire such status.
       (2) Exception from 5-year limited eligibility for means-
     tested public benefits.--Section 403(b)(1) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end 
     the following:
       ``(F) An alien whose status is adjusted under section 403 
     of the Kids Online Safety and Privacy Act to that of an alien 
     lawfully admitted for permanent residence or to that of an 
     alien lawfully admitted for permanent residence on a 
     conditional basis.''.
       (q) Rule of Construction.--Nothing in this section may be 
     construed to preclude an eligible individual from applying 
     for or receiving any immigration benefit to which the 
     individual is otherwise entitled.
       (r) Exemption From Numerical Limitations.--
       (1) In general.--Aliens granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (2) Spouse and children beneficiaries.--A spouse or child 
     who is the beneficiary of an immigrant petition under section 
     204 of the Immigration and Nationality Act (8 U.S.C. 1154) 
     filed by an alien who has been granted conditional permanent 
     resident status or lawful permanent resident status under 
     this section, seeking classification of the spouse or child 
     under section 203(a)(2)(A) of that Act (8 U.S.C. 
     1153(a)(2)(A)) shall not be subject to the numerical 
     limitations under sections 201, 202, and 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 
     1153).
       (s) Effect on Other Applications.--Notwithstanding any 
     other provision of law, in the interest of efficiency, the 
     Secretary may pause consideration of any application or 
     request for an immigration benefit pending adjudication so as 
     to prioritize consideration of adjustment of status to an 
     alien lawfully admitted for permanent residence on a 
     conditional basis under this section.
       (t) Authorization for Appropriations.--There is authorized 
     to be appropriated to the Attorney General, the Secretary of 
     Health and Human Services, the Secretary, and the Secretary 
     of State such sums as are necessary to carry out this 
     section.

     SEC. 404. REFUGEE PROCESSES FOR CERTAIN AT-RISK AFGHAN 
                   ALLIES.

       (a) Definition of Afghan Ally.--
       (1) In general.--In this section, the term ``Afghan ally'' 
     means an alien who is a citizen or national of Afghanistan, 
     or in the case of an alien having no nationality, an alien 
     who last habitually resided in Afghanistan, who--
       (A) was--
       (i) a member of--

       (I) the special operations forces of the Afghanistan 
     National Defense and Security Forces;
       (II) the Afghanistan National Army Special Operations 
     Command;
       (III) the Afghan Air Force; or
       (IV) the Special Mission Wing of Afghanistan;

       (ii) a female member of any other entity of the Afghanistan 
     National Defense and Security Forces, including--

       (I) a cadet or instructor at the Afghanistan National 
     Defense University; and
       (II) a civilian employee of the Ministry of Defense or the 
     Ministry of Interior Affairs;

       (iii) an individual associated with former Afghan military 
     and police human intelligence activities, including operators 
     and Department of Defense sources;
       (iv) an individual associated with former Afghan military 
     counterintelligence, counterterrorism, or counternarcotics;
       (v) an individual associated with the former Afghan 
     Ministry of Defense, Ministry of Interior Affairs, or court 
     system, and who was involved in the investigation, 
     prosecution or detention of combatants or members of the 
     Taliban or criminal networks affiliated with the Taliban;
       (vi) an individual employed in the former justice sector in 
     Afghanistan as a judge, prosecutor, or investigator who was 
     engaged in rule of law activities for which the United States 
     provided funding or training; or
       (vii) a senior military officer, senior enlisted personnel, 
     or civilian official who served on the staff of the former 
     Ministry of Defense or the former Ministry of Interior 
     Affairs of Afghanistan; or

[[Page S5401]]

       (B) provided service to an entity or organization described 
     in subparagraph (A) for not less than 1 year during the 
     period beginning on December 22, 2001, and ending on 
     September 1, 2021, and did so in support of the United States 
     mission in Afghanistan.
       (2) Inclusions.--For purposes of this section, the 
     Afghanistan National Defense and Security Forces includes 
     members of the security forces under the Ministry of Defense 
     and the Ministry of Interior Affairs of the Islamic Republic 
     of Afghanistan, including the Afghanistan National Army, the 
     Afghan Air Force, the Afghanistan National Police, and any 
     other entity designated by the Secretary of Defense as part 
     of the Afghanistan National Defense and Security Forces 
     during the relevant period of service of the applicant 
     concerned.
       (b) Refugee Status for Afghan Allies.--
       (1) Designation as refugees of special humanitarian 
     concern.--Afghan allies shall be considered refugees of 
     special humanitarian concern under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157), until the 
     later of 10 years after the date of enactment of this Act or 
     upon determination by the Secretary of State, in consultation 
     with the Secretary of Defense and the Secretary, that such 
     designation is no longer in the interest of the United 
     States.
       (2) Third country presence not required.--Notwithstanding 
     section 101(a)(42) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(42)), the Secretary of State and the Secretary 
     shall, to the greatest extent possible, conduct remote 
     refugee processing for an Afghan ally located in Afghanistan.
       (c) Afghan Allies Referral Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act--
       (A) the Secretary of Defense, in consultation with the 
     Secretary of State, shall establish a process by which an 
     individual may apply to the Secretary of Defense for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program; and
       (B) the head of any appropriate department or agency that 
     conducted operations in Afghanistan during the period 
     beginning on December 22, 2001, and ending on September 1, 
     2021, in consultation with the Secretary of State, may 
     establish a process by which an individual may apply to the 
     head of the appropriate department or agency for 
     classification as an Afghan ally and request a referral to 
     the United States Refugee Admissions Program.
       (2) Application system.--
       (A) In general.--The process established under paragraph 
     (1) shall--
       (i) include the development and maintenance of a secure 
     online portal through which applicants may provide 
     information verifying their status as Afghan allies and 
     upload supporting documentation; and
       (ii) allow--

       (I) an applicant to submit his or her own application;
       (II) a designee of an applicant to submit an application on 
     behalf of the applicant; and
       (III) in the case of an applicant who is outside the United 
     States, the submission of an application regardless of where 
     the applicant is located.

       (B) Use by other agencies.--The Secretary of Defense--
       (i) may enter into arrangements with the head of any other 
     appropriate department or agency so as to allow the 
     application system established under subparagraph (A) to be 
     used by such department or agency; and
       (ii) shall notify the Secretary of State of any such 
     arrangement.
       (3) Review process.--As soon as practicable after receiving 
     a request for classification and referral described in 
     paragraph (1), the head of the appropriate department or 
     agency shall--
       (A) review--
       (i) the service record of the applicant, if available;
       (ii) if the applicant provides a service record or other 
     supporting documentation, any information that helps verify 
     the service record concerned, including information or an 
     attestation provided by any current or former official of the 
     department or agency who has personal knowledge of the 
     eligibility of the applicant for such classification and 
     referral; and
       (iii) the data holdings of the department or agency and 
     other cooperating interagency partners, including as 
     applicable biographic and biometric records, iris scans, 
     fingerprints, voice biometric information, hand geometry 
     biometrics, other identifiable information, and any other 
     information related to the applicant, including relevant 
     derogatory information; and
       (B)(i) in a case in which the head of the department or 
     agency determines that the applicant is an Afghan ally 
     without significant derogatory information, refer the Afghan 
     ally to the United States Refugee Admissions Program as a 
     refugee; and
       (ii) include with such referral--

       (I) any service record concerned, if available;
       (II) if the applicant provides a service record, any 
     information that helps verify the service record concerned; 
     and
       (III) any biometrics for the applicant.

       (4) Review process for denial of request for referral.--
       (A) In general.--In the case of an applicant with respect 
     to whom the head of the appropriate department or agency 
     denies a request for classification and referral based on a 
     determination that the applicant is not an Afghan ally or 
     based on derogatory information--
       (i) the head of the department or agency shall provide the 
     applicant with a written notice of the denial that provides, 
     to the maximum extent practicable, a description of the basis 
     for the denial, including the facts and inferences, or 
     evidentiary gaps, underlying the individual determination; 
     and
       (ii) the applicant shall be provided an opportunity to 
     submit not more than 1 written appeal to the head of the 
     department or agency for each such denial.
       (B) Deadline for appeal.--An appeal under clause (ii) of 
     subparagraph (A) shall be submitted--
       (i) not more than 120 days after the date on which the 
     applicant concerned receives notice under clause (i) of that 
     subparagraph; or
       (ii) on any date thereafter, at the discretion of the head 
     of the appropriate department or agency.
       (C) Request to reopen.--
       (i) In general.--An applicant who receives a denial under 
     subparagraph (A) may submit a request to reopen a request for 
     classification and referral under the process established 
     under paragraph (1) so that the applicant may provide 
     additional information, clarify existing information, or 
     explain any unfavorable information.
       (ii) Limitation.--After considering 1 such request to 
     reopen from an applicant, the head of the appropriate 
     department or agency may deny subsequent requests to reopen 
     submitted by the same applicant.
       (5) Form and content of referral.--To the extent 
     practicable, the head of the appropriate department or agency 
     shall ensure that referrals made under this subsection--
       (A) conform to requirements established by the Secretary of 
     State for form and content; and
       (B) are complete and include sufficient contact 
     information, supporting documentation, and any other material 
     the Secretary of State or the Secretary consider necessary or 
     helpful in determining whether an applicant is entitled to 
     refugee status.
       (6) Termination.--The application process and referral 
     system under this subsection shall terminate upon the later 
     of 1 year before the termination of the designation under 
     subsection (b)(1) or on the date of a joint determination by 
     the Secretary of State and the Secretary of Defense, in 
     consultation with the Secretary, that such termination is in 
     the national interest of the United States.
       (d) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, the Secretary of State, or the head of any 
     appropriate department or agency referring Afghan allies 
     under this section may not charge any fee in connection with 
     a request for a classification and referral as a refugee 
     under this section.
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Representation.--An alien applying for admission to the 
     United States under this section may be represented during 
     the application process, including at relevant interviews and 
     examinations, by an attorney or other accredited 
     representative. Such representation shall not be at the 
     expense of the United States Government.
       (4) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who has been classified as an Afghan ally and has been 
     referred as a refugee under this section protection or to 
     immediately remove such alien from Afghanistan, if possible.
       (5) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     section solely because the alien qualifies as an immediate 
     relative or is eligible for any other immigrant 
     classification.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of fiscal 
     years 2024 through 2034 to carry out this section.
       (e) Rule of Construction.--Nothing in this section may be 
     construed to inhibit the Secretary of State from accepting 
     refugee referrals from any entity.

     SEC. 405. IMPROVING EFFICIENCY AND OVERSIGHT OF REFUGEE AND 
                   SPECIAL IMMIGRANT PROCESSING.

       (a) Acceptance of Fingerprint Cards and Submissions of 
     Biometrics.--In addition to the methods authorized under the 
     heading relating to the Immigration and Naturalization 
     Service under title I of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act of 1998 (Public Law 105-119, 111 Stat. 
     2448; 8 U.S.C. 1103 note), and other applicable law, and 
     subject to such safeguards as the Secretary, in consultation 
     with the Secretary of State or the Secretary of Defense, as 
     appropriate, shall prescribe to ensure the integrity of the 
     biometric collection (which shall include verification of 
     identity by comparison of such fingerprints with fingerprints 
     taken by or under the direct supervision of the Secretary 
     prior to or at the time of the individual's application for 
     admission to the United States), the Secretary may, in the 
     case of any application for any benefit under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.), accept 
     fingerprint cards or any other submission of biometrics--
       (1) prepared by international or nongovernmental 
     organizations under an appropriate

[[Page S5402]]

     agreement with the Secretary or the Secretary of State;
       (2) prepared by employees or contractors of the Department 
     of Homeland Security or the Department of State; or
       (3) provided by an agency (as defined under section 3502 of 
     title 44, United States Code).
       (b) Staffing.--
       (1) Vetting.--The Secretary of State, the Secretary, the 
     Secretary of Defense, and any other agency authorized to 
     carry out the vetting process under this title, shall each 
     ensure sufficient staffing, and request the resources 
     necessary, to efficiently and adequately carry out the 
     vetting of applicants for--
       (A) referral to the United States Refugee Admissions 
     Program, consistent with the determinations established under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157); and
       (B) special immigrant status.
       (2) Refugee resettlement.--The Secretary of Health and 
     Human Services shall ensure sufficient staffing to 
     efficiently provide assistance under chapter 2 of title IV of 
     the Immigration and Nationality Act (8 U.S.C. 1521 et seq.) 
     to refugees resettled in the United States.
       (c) Remote Processing.--Notwithstanding any other provision 
     of law, the Secretary of State and the Secretary shall employ 
     remote processing capabilities for refugee processing under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157), including secure digital file transfers, 
     videoconferencing and teleconferencing capabilities, remote 
     review of applications, remote interviews, remote collection 
     of signatures, waiver of the applicant's appearance or 
     signature (other than a final appearance and verification by 
     the oath of the applicant prior to or at the time of the 
     individual's application for admission to the United States), 
     waiver of signature for individuals under 5 years old, and 
     any other capability the Secretary of State and the Secretary 
     consider appropriate, secure, and likely to reduce processing 
     wait times at particular facilities.
       (d) Monthly Arrival Reports.--With respect to monthly 
     reports issued by the Secretary of State relating to United 
     States Refugee Admissions Program arrivals, the Secretary of 
     State shall report--
       (1) the number of monthly admissions of refugees, 
     disaggregated by priorities; and
       (2) the number of Afghan allies admitted as refugees.
       (e) Interagency Task Force on Afghan Ally Strategy.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the President shall establish 
     an Interagency Task Force on Afghan Ally Strategy (referred 
     to in this section as the ``Task Force'')--
       (A) to develop and oversee the implementation of the 
     strategy and contingency plan described in subparagraph 
     (A)(i) of paragraph (4); and
       (B) to submit the report, and provide a briefing on the 
     report, as described in subparagraphs (A) and (B) of 
     paragraph (4).
       (2) Membership.--
       (A) In general.--The Task Force shall include--
       (i) 1 or more representatives from each relevant Federal 
     agency, as designated by the head of the applicable relevant 
     Federal agency; and
       (ii) any other Federal Government official designated by 
     the President.
       (B) Relevant federal agency defined.--In this paragraph, 
     the term ``relevant Federal agency'' means--
       (i) the Department of State;
       (ii) the Department Homeland Security;
       (iii) the Department of Defense;
       (iv) the Department of Health and Human Services;
       (v) the Department of Justice; and
       (vi) the Office of the Director of National Intelligence.
       (3) Chair.--The Task Force shall be chaired by the 
     Secretary of State.
       (4) Duties.--
       (A) Report.--
       (i) In general.--Not later than 180 days after the date on 
     which the Task Force is established, the Task Force, acting 
     through the chair of the Task Force, shall submit a report to 
     the appropriate committees of Congress that includes--

       (I) a strategy for facilitating the resettlement of 
     nationals of Afghanistan outside the United States who, 
     during the period beginning on October 1, 2001, and ending on 
     September 1, 2021, directly and personally supported the 
     United States mission in Afghanistan, as determined by the 
     Secretary of State in consultation with the Secretary of 
     Defense; and
       (II) a contingency plan for future emergency operations in 
     foreign countries involving foreign nationals who have worked 
     directly with the United States Government, including the 
     Armed Forces of the United States and United States 
     intelligence agencies.

       (ii) Elements.--The report required under clause (i) shall 
     include--

       (I) the total number of nationals of Afghanistan who have 
     pending specified applications, disaggregated by--

       (aa) such nationals in Afghanistan and such nationals in a 
     third country;
       (bb) type of specified application; and
       (cc) applications that are documentarily complete and 
     applications that are not documentarily complete;

       (II) an estimate of the number of nationals of Afghanistan 
     who may be eligible for special immigrant status or 
     classification as an Afghan ally;
       (III) with respect to the strategy required under 
     subparagraph (A)(i)(I)--

       (aa) the estimated number of nationals of Afghanistan 
     described in such subparagraph;
       (bb) a description of the process for safely resettling 
     such nationals of Afghanistan;
       (cc) a plan for processing such nationals of Afghanistan 
     for admission to the United States that--
       (AA) discusses the feasibility of remote processing for 
     such nationals of Afghanistan residing in Afghanistan;
       (BB) includes any strategy for facilitating refugee and 
     consular processing for such nationals of Afghanistan in 
     third countries, and the timelines for such processing;
       (CC) includes a plan for conducting rigorous and efficient 
     vetting of all such nationals of Afghanistan for processing;
       (DD) discusses the availability and capacity of sites in 
     third countries to process applications and conduct any 
     required vetting for such nationals of Afghanistan, including 
     the potential to establish additional sites; and
       (EE) includes a plan for providing updates and necessary 
     information to affected individuals and relevant 
     nongovernmental organizations;
       (dd) a description of considerations, including resource 
     constraints, security concerns, missing or inaccurate 
     information, and diplomatic considerations, that limit the 
     ability of the Secretary of State or the Secretary to 
     increase the number of such nationals of Afghanistan who can 
     be safely processed or resettled;
       (ee) an identification of any resource or additional 
     authority necessary to increase the number of such nationals 
     of Afghanistan who can be processed or resettled;
       (ff) an estimate of the cost to fully implement the 
     strategy; and
       (gg) any other matter the Task Force considers relevant to 
     the implementation of the strategy;

       (IV) with respect to the contingency plan required by 
     clause (i)(II)--

       (aa) a description of the standard practices for screening 
     and vetting foreign nationals considered to be eligible for 
     resettlement in the United States, including a strategy for 
     vetting, and maintaining the records of, such foreign 
     nationals who are unable to provide identification documents 
     or biographic details due to emergency circumstances;
       (bb) a strategy for facilitating refugee or consular 
     processing for such foreign nationals in third countries;
       (cc) clear guidance with respect to which Federal agency 
     has the authority and responsibility to coordinate Federal 
     resettlement efforts;
       (dd) a description of any resource or additional authority 
     necessary to coordinate Federal resettlement efforts, 
     including the need for a contingency fund;
       (ee) any other matter the Task Force considers relevant to 
     the implementation of the contingency plan; and

       (V) a strategy for the efficient processing of all Afghan 
     special immigrant visa applications and appeals, including--

       (aa) a review of current staffing levels and needs across 
     all interagency offices and officials engaged in the special 
     immigrant visa process;
       (bb) an analysis of the expected Chief of Mission approvals 
     and denials of applications in the pipeline in order to 
     project the expected number of visas necessary to provide 
     special immigrant status to all approved applicants under 
     this title during the several years after the date of the 
     enactment of this Act;
       (cc) an assessment as to whether adequate guidelines exist 
     for reconsidering or reopening applications for special 
     immigrant visas in appropriate circumstances and consistent 
     with applicable laws; and
       (dd) an assessment of the procedures throughout the special 
     immigrant visa application process, including at the 
     Portsmouth Consular Center, and the effectiveness of 
     communication between the Portsmouth Consular Center and 
     applicants, including an identification of any area in which 
     improvements to the efficiency of such procedures and 
     communication may be made.
       (iii) Form.--The report required under clause (i) shall be 
     submitted in unclassified form but may include a classified 
     annex.
       (B) Briefing.--Not later than 60 days after submitting the 
     report required by clause (i), the Task Force shall brief the 
     appropriate committees of Congress on the contents of the 
     report.
       (5) Termination.--The Task Force shall remain in effect 
     until the later of--
       (A) the date on which the strategy required under paragraph 
     (4)(A)(i)(I) has been fully implemented;
       (B) the date of a determination by the Secretary of State, 
     in consultation with the Secretary of Defense and the 
     Secretary, that a task force is no longer necessary for the 
     implementation of subparagraphs (A) and (B) of paragraph (1); 
     or
       (C) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Improving Consultation With Congress.--Section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157) is 
     amended--
       (1) in subsection (a), by amending paragraph (4) to read as 
     follows:
       ``(4)(A) In the determination made under this subsection 
     for each fiscal year (beginning with fiscal year 1992), the 
     President shall enumerate, with the respective number

[[Page S5403]]

     of refugees so determined, the number of aliens who were 
     granted asylum in the previous year.
       ``(B) In making a determination under paragraph (1), the 
     President shall consider the information in the most recently 
     published projected global resettlement needs report 
     published by the United Nations High Commissioner for 
     Refugees.'';
       (2) in subsection (e), by amending paragraph (2) to read as 
     follows:
       ``(2) A description of the number and allocation of the 
     refugees to be admitted, including the expected allocation by 
     region, and an analysis of the conditions within the 
     countries from which they came.''; and
       (3) by adding at the end the following--
       ``(g) Quarterly Reports on Admissions.--Not later than 30 
     days after the last day of each quarter beginning the fourth 
     quarter of fiscal year 2024, the President shall submit to 
     the Committee on Homeland Security and Governmental Affairs, 
     the Committee on the Judiciary, and the Committee on Foreign 
     Relations of the Senate and the Committee on Homeland 
     Security, the Committee on the Judiciary, and the Committee 
     on Foreign Affairs of the House of Representatives a report 
     that includes the following:
       ``(1) Refugees admitted.--
       ``(A) The number of refugees admitted to the United States 
     during the preceding quarter.
       ``(B) The cumulative number of refugees admitted to the 
     United States during the applicable fiscal year, as of the 
     last day of the preceding quarter.
       ``(C) The number of refugees expected to be admitted to the 
     United States during the remainder of the applicable fiscal 
     year.
       ``(D) The number of refugees from each region admitted to 
     the United States during the preceding quarter.
       ``(2) Refugee applicants with pending security checks.--
       ``(A) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been requested during the 
     preceding quarter, and the number of aliens, by nationality, 
     for whom the check was pending beyond 30 days.
       ``(B) The number of aliens, by nationality, security check, 
     and responsible vetting agency, for whom a National Vetting 
     Center or other security check has been pending for more than 
     180 days.
       ``(3) Circuit rides.--
       ``(A) For the preceding quarter--
       ``(i) the number of Refugee Corps officers deployed on 
     circuit rides and the overall number of Refugee Corps 
     officers;
       ``(ii) the number of individuals interviewed--

       ``(I) on each circuit ride; and
       ``(II) at each circuit ride location;

       ``(iii) the number of circuit rides; and
       ``(iv) for each circuit ride, the duration of the circuit 
     ride.
       ``(B) For the subsequent 2 quarters--
       ``(i) the number of circuit rides planned; and
       ``(ii) the number of individuals planned to be interviewed.
       ``(4) Processing.--
       ``(A) For refugees admitted to the United States during the 
     preceding quarter, the average number of days between--
       ``(i) the date on which an individual referred to the 
     United States Government as a refugee applicant is 
     interviewed by the Secretary of Homeland Security; and
       ``(ii) the date on which such individual is admitted to the 
     United States.
       ``(B) For refugee applicants interviewed by the Secretary 
     of Homeland Security in the preceding quarter, the approval, 
     denial, recommended approval, recommended denial, and hold 
     rates for the applications for admission of such individuals, 
     disaggregated by nationality.''.

     SEC. 406. SUPPORT FOR CERTAIN VULNERABLE AFGHANS RELATING TO 
                   EMPLOYMENT BY OR ON BEHALF OF THE UNITED 
                   STATES.

       (a) Special Immigrant Visas for Certain Relatives of 
     Certain Members of the Armed Forces.--
       (1) In general.--Section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
       (A) in subparagraph (L)(iii), by adding a semicolon at the 
     end;
       (B) in subparagraph (M), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(N) a citizen or national of Afghanistan who is the 
     parent or brother or sister of--
       ``(i) a member of the armed forces (as defined in section 
     101(a) of title 10, United States Code); or
       ``(ii) a veteran (as defined in section 101 of title 38, 
     United States Code).''.
       (2) Numerical limitations.--
       (A) In general.--Subject to subparagraph (C), the total 
     number of principal aliens who may be provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), as added by paragraph (1), may not exceed 2,500 
     each fiscal year.
       (B) Carryover.--If the numerical limitation specified in 
     subparagraph (A) is not reached during a given fiscal year, 
     the numerical limitation specified in such subparagraph for 
     the following fiscal year shall be increased by a number 
     equal to the difference between--
       (i) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (ii) the number of principal aliens provided special 
     immigrant visas under subparagraph (N) of section 101(a)(27) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     during the given fiscal year.
       (C) Maximum number of visas.--The total number of aliens 
     who may be provided special immigrant visas under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)) shall not exceed 
     10,000.
       (D) Duration of authority.--The authority to issue visas 
     under subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) 
     shall--
       (i) commence on the date of the enactment of this Act; and
       (ii) terminate on the date on which all such visas are 
     exhausted.
       (b) Certain Afghans Injured or Killed in the Course of 
     Employment.--Section 602(b) of the Afghan Allies Protection 
     Act of 2009 (8 U.S.C. 1101 note; Public Law 111-8) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) by amending clause (ii) to read as follows:
       ``(ii)(I) was or is employed in Afghanistan on or after 
     October 7, 2001, for not less than 1 year--
       ``(aa) by, or on behalf of, the United States Government; 
     or
       ``(bb) by the International Security Assistance Force (or 
     any successor name for such Force) in a capacity that 
     required the alien--
       ``(AA) while traveling off-base with United States military 
     personnel stationed at the International Security Assistance 
     Force (or any successor name for such Force), to serve as an 
     interpreter or translator for such United States military 
     personnel; or
       ``(BB) to perform activities for the United States military 
     personnel stationed at International Security Assistance 
     Force (or any successor name for such Force); or

       ``(II) in the case of an alien who was wounded or seriously 
     injured in connection with employment described in subclause 
     (I), was employed for any period until the date on which such 
     wound or injury occurred, if the wound or injury prevented 
     the alien from continuing such employment;''; and

       (B) in clause (iii), by striking ``clause (ii)'' and 
     inserting ``clause (ii)(I)'';
       (2) in paragraph (13)(A)(i), by striking ``subclause (I) or 
     (II)(bb) of paragraph (2)(A)(ii)'' and inserting ``item (aa) 
     or (bb)(BB) of paragraph (2)(A)(ii)(I)'';
       (3) in paragraph (14)(C), by striking ``paragraph 
     (2)(A)(ii)'' and inserting ``paragraph (2)(A)(ii)(I)''; and
       (4) in paragraph (15), by striking ``paragraph (2)(A)(ii)'' 
     and inserting ``paragraph (2)(A)(ii)(I)''.
       (c) Extension of Special Immigrant Visa Program Under 
     Afghan Allies Protection Act of 2009.--Section 602(b) of the 
     Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended--
       (1) in paragraph (3)(F)--
       (A) in the subparagraph heading, by striking ``Fiscal years 
     2015 through 2022'' and inserting ``Fiscal years 2015 through 
     2029''; and
       (B) in clause (i), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (C) in clause (ii), by striking ``December 31, 2024'' and 
     inserting ``December 31, 2029''; and
       (2) in paragraph (13), in the matter preceding subparagraph 
     (A), by striking ``January 31, 2024'' and inserting ``January 
     31, 2030''.
       (d) Authorization of Virtual Interviews.--Section 602(b)(4) 
     of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 
     note; Public Law 111-8;) is amended by adding at the end the 
     following:
       ``(D) Virtual interviews.--Notwithstanding section 222(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1202(e)), an 
     application for an immigrant visa under this section may be 
     signed by the applicant through a virtual video meeting 
     before a consular officer and verified by the oath of the 
     applicant administered by the consular officer during a 
     virtual video meeting.''.
       (e) Quarterly Reports.--Paragraph (12) of section 602(b) of 
     the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; 
     Public Law 111-8) is amended is amended to read as follows:
       ``(12) Quarterly reports.--
       ``(A) Report to congress.--Not later than 120 days after 
     the date of enactment of the FAA Reauthorization Act of 2024 
     and every 90 days thereafter, the Secretary of State and the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Defense, shall submit to the appropriate 
     committees of Congress a report that includes the following:
       ``(i) For the preceding quarter--

       ``(I) a description of improvements made to the processing 
     of special immigrant visas and refugee processing for 
     citizens and nationals of Afghanistan;
       ``(II) the number of new Afghan referrals to the United 
     States Refugee Admissions Program, disaggregated by referring 
     entity;
       ``(III) the number of interviews of Afghans conducted by 
     U.S. Citizenship and Immigration Services, disaggregated by 
     the country in which such interviews took place;
       ``(IV) the number of approvals and the number of denials of 
     refugee status requests for Afghans;
       ``(V) the number of total admissions to the United States 
     of Afghan refugees;
       ``(VI) number of such admissions, disaggregated by whether 
     the refugees come from within, or outside of, Afghanistan;
       ``(VII) the average processing time for citizens and 
     nationals of Afghanistan who are applicants;

[[Page S5404]]

       ``(VIII) the number of such cases processed within such 
     average processing time; and
       ``(IX) the number of denials issued with respect to 
     applications by citizens and nationals of Afghanistan.

       ``(ii) The number of applications by citizens and nationals 
     of Afghanistan for refugee referrals pending as of the date 
     of submission of the report.
       ``(iii) A description of the efficiency improvements made 
     in the process by which applications for special immigrant 
     visas under this subsection are processed, including 
     information described in clauses (iii) through (viii) of 
     paragraph (11)(B).
       ``(B) Form of report.--Each report required by subparagraph 
     (A) shall be submitted in unclassified form but may contain a 
     classified annex.
       ``(C) Public posting.--The Secretary of State shall publish 
     on the website of the Department of State the unclassified 
     portion of each report submitted under subparagraph (A).''.
       (f) General Provisions.--
       (1) Prohibition on fees.--The Secretary, the Secretary of 
     Defense, or the Secretary of State may not charge any fee in 
     connection with an application for, or issuance of, a special 
     immigrant visa or special immigrant status under--
       (A) section 602 of the Afghan Allies Protection Act of 2009 
     (8 U.S.C. 1101 note; Public Law 111-8);
       (B) section 1059 of the National Defense Authorization Act 
     for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109-
     163); or
       (C) subparagraph (N) of section 101(a)(27) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), as 
     added by subsection (a)(1).
       (2) Defense personnel.--Any limitation in law with respect 
     to the number of personnel within the Office of the Secretary 
     of Defense, the military departments, or a Defense Agency (as 
     defined in section 101(a) of title 10, United States Code) 
     shall not apply to personnel employed for the primary purpose 
     of carrying out this section.
       (3) Protection of aliens.--The Secretary of State, in 
     consultation with the head of any other appropriate Federal 
     agency, shall make a reasonable effort to provide an alien 
     who is seeking status as a special immigrant under 
     subparagraph (N) of section 101(a)(27) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)), as added by 
     subsection (a)(1), protection or to immediately remove such 
     alien from Afghanistan, if possible.
       (4) Resettlement support.--A citizen or national of 
     Afghanistan who is admitted to the United States under this 
     section or an amendment made by this section shall be 
     eligible for resettlement assistance, entitlement programs, 
     and other benefits available to refugees admitted under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) to the same extent, and for the same periods of time, 
     as such refugees.

     SEC. 407. SUPPORT FOR ALLIES SEEKING RESETTLEMENT IN THE 
                   UNITED STATES.

       Notwithstanding any other provision of law, during the 
     period beginning on the date of the enactment of this Act and 
     ending on the date that is 10 years thereafter, the Secretary 
     and the Secretary of State may waive any fee or surcharge or 
     exempt individuals from the payment of any fee or surcharge 
     collected by the Department of Homeland Security and the 
     Department of State, respectively, in connection with a 
     petition or application for, or issuance of, an immigrant 
     visa to a national of Afghanistan under section 
     201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a)), respectively.

     SEC. 408. REPORTING.

       (a) Quarterly Reports.--Beginning on January 1, 2028, not 
     less frequently than quarterly, the Secretary shall submit to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that includes, for the preceding quarter--
       (1) the number of individuals granted conditional permanent 
     resident status under section 403, disaggregated by the 
     number of such individuals for whom conditions have been 
     removed;
       (2) the number of individuals granted conditional permanent 
     resident status under section 403 who have been determined to 
     be ineligible for removal of conditions (and the reasons for 
     such determination); and
       (3) the number of individuals granted conditional permanent 
     resident status under section 403 for whom no such 
     determination has been made (and the reasons for the lack of 
     such determination).
       (b) Annual Reports.--Not less frequently than annually, the 
     Secretary, in consultation with the Attorney General, shall 
     submit to the appropriate committees of Congress a report 
     that includes for the preceding year, with respect to 
     individuals granted conditional permanent resident status 
     under section 403--
       (1) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(2) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (2) the number of such individuals who are placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) charged with a ground of 
     deportability under subsection (a)(3) of section 237 of that 
     Act (8 U.S.C. 1227), disaggregated by each applicable ground 
     under that subsection;
       (3) the number of final orders of removal issued pursuant 
     to proceedings described in paragraphs (1) and (2), 
     disaggregated by each applicable ground of deportability;
       (4) the number of such individuals for whom such 
     proceedings are pending, disaggregated by each applicable 
     ground of deportability; and
       (5) a review of the available options for removal from the 
     United States, including any changes in the feasibility of 
     such options during the preceding year.

     SEC. 409. RULE OF CONSTRUCTION.

       Except as expressly described in this title or an amendment 
     made by this title, nothing in this title or an amendment 
     made by this title may be construed to modify, expand, or 
     limit any law or authority to process or admit refugees under 
     section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) or applicants for an immigrant visa under the 
     immigration laws.
                                 ______
                                 
  SA 3089. Mr. SCHMITT submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RIGHT OF ACTION AGAINST FEDERAL EMPLOYEES FOR 
                   VIOLATIONS OF RIGHTS SECURED BY THE FIRST 
                   AMENDMENT TO THE CONSTITUTION OF THE UNITED 
                   STATES.

       (a) Definition.--In this section, the term ``Federal 
     employee'' means an individual, other than the President or 
     the Vice President, who occupies a position in any agency or 
     instrumentality in the executive branch of the Federal 
     Government, including in any independent agency in that 
     branch.
       (b) Liability.--
       (1) In general.--A Federal employee who, under color of any 
     statute, ordinance, regulation, custom, or usage, of the 
     United States, subjects, or causes to be subjected, any 
     citizen of the United States or any person within the 
     jurisdiction thereof to the deprivation of any rights, 
     privileges, or immunities secured by the First Amendment to 
     the Constitution of the United States, shall be liable to the 
     party injured in an action at law, suit in equity, or other 
     proper proceeding for redress.
       (2) Exception.--Under paragraph (1), a Federal employee may 
     not bring suit against the agency or instrumentality 
     employing the Federal employee, or against the Federal 
     Government, for conduct that is within the scope of the 
     employment relationship.
       (c) Attorney's Fees.--In any action or proceeding to 
     enforce this section, the court, in the discretion of the 
     court, may allow the prevailing party, other than the United 
     States, a reasonable attorney's fee as part of the costs.
       (d) Severability.--If any provision of this section, or the 
     application of a provision of this section to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of this section, and the application of the provisions of 
     this section to any person or circumstance, shall not be 
     affected by that holding.
                                 ______
                                 
  SA 3090. Mr. COTTON (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed by him 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; which was ordered to lie on the 
table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. FOCUS ON LEARNING ACT.

       (a) Short Title.--This section may be cited as the ``Focus 
     on Learning Act''.
       (b) Definitions.--In this section:
       (1) ESEA terms.--The terms ``child with a disability'', 
     ``elementary school'', ``English learner'', ``local 
     educational agency'', and ``secondary school'' have the 
     meaning given those terms in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       (2) Mobile device.--The term ``mobile device'' means any 
     personal mobile telephone or other portable electronic 
     communication device with which a user engages in a call or 
     writes or sends a message or any device in which the user 
     plays a game or watches a video, except that such term does 
     not include school-issued devices.
       (3) School environment free of mobile devices.--The term 
     ``school environment free of mobile devices'' means an 
     elementary school or secondary school in which mobile devices 
     of students are kept in a secure container that is controlled 
     by a school administrator.
       (4) School hours.--The term ``school hours'' means regular 
     school hours for instruction, including lunch periods, free 
     periods on school grounds, and time between classroom 
     instruction.
       (c) Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this section, the Secretary of Education, in 
     consultation

[[Page S5405]]

     with the Secretary of Health and Human Services, shall 
     complete a study regarding the use of mobile devices in 
     elementary schools and secondary schools nationwide, 
     including--
       (A) the impact of such use on--
       (i) student learning and academic achievement;
       (ii) student educational outcomes and engagement;
       (iii) student mental health;
       (iv) classroom instruction; and
       (v) school climate and student behavior; and
       (B) an analysis of data collected from participating 
     schools in the pilot program under subsection (d).
       (2) Report.--The Secretary of Education, in consultation 
     with the Secretary of Health and Human Services, shall submit 
     a report to Congress containing the results of the study 
     conducted under paragraph (1), and shall make such report 
     publicly available.
       (d) Pilot Program.--
       (1) Program established.--The Secretary of Education shall 
     establish a pilot program, through which the Secretary of 
     Education shall award grants to local educational agencies to 
     enable participating schools served by such agencies 
     (referred to in this section as ``participating schools'') to 
     purchase secure containers and install lockers in order to 
     create a school environment free of mobile devices.
       (2) Application.--A local educational agency desiring to 
     participate in the program under this subsection shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require, including--
       (A) an assurance that such local educational agency will 
     identify and select participating schools in a manner that 
     engages the students, parents, educators, principal, school 
     leaders, and specialized instructional support personnel, of 
     such schools;
       (B) an assurance that each participating school will have a 
     communication system (which may be mobile devices) allowing 
     teachers, administrators, and staff to communicate with each 
     other and with local emergency responders;
       (C) an assurance that each participating school will have a 
     clear process for students to be able to contact their 
     parents;
       (D) the policy of each participating school on mobile 
     device use during school hours as of the date of the 
     application; and
       (E) a description of what each participating school's new 
     policy on mobile device use during school hours will be upon 
     beginning participation in the pilot program under this 
     subsection.
       (3) Selection.--The Secretary of Education shall select 
     local educational agency applicants for participation in the 
     pilot program based on the Secretary of Education's 
     determination that the applicant's participation will likely 
     yield helpful information relevant to testing a school 
     environment free of mobile devices.
       (4) Exemptions.--Participating schools may, while 
     maintaining a school environment free of mobile devices, 
     allow exemptions such that mobile devices may be used during 
     school hours--
       (A) to monitor or treat health conditions;
       (B) by students who are children with disabilities; and
       (C) by students who are English learners for translation 
     purposes.
       (5) Parental notification.--Each local educational agency 
     that applies for participation in the pilot program under 
     this subsection shall--
       (A) notify parents of students enrolled in elementary 
     schools and secondary schools that are served by the agency 
     and that may become participating schools--
       (i) not less than 30 days before submitting an application 
     under this section; and
       (ii) upon receipt of a grant award under this section; and
       (B) solicit feedback from such parents before applying for 
     the grant about the local educational agency's desire to 
     implement a school environment free of mobile devices.
       (6) Administrative expenses.--The Secretary of Education 
     may use not more than 2 percent of the amounts made available 
     to carry out this subsection for administrative expenses, 
     data collection, and carrying out the study required under 
     subsection (c).
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection, $5,000,000 
     for the period of fiscal years 2024 through 2028.
                                 ______
                                 
  SA 3091. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed by him 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION B--KNOW YOUR APP ACT

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Know Your App Act''.

     SEC. 1002. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Minors engaging with internet-linked applications face 
     heightened susceptibility to privacy risks and potential 
     exploitation through those applications. It is crucial for 
     parents and guardians to possess comprehensive knowledge 
     about the applications being accessed so that they can make 
     informed decisions to protect their children.
       (2) Many users are unaware of the country of origin of the 
     applications they download and use, as well as the data 
     handling practices of the developers behind those 
     applications. This lack of transparency can lead to potential 
     risks for users, including exposure to foreign government 
     surveillance, data breaches, and privacy violations. Users 
     have a right to know baseline information on the country of 
     origin so that they can personally make decisions to mitigate 
     the threat to their personal and biometric information.
       (3) The potential for foreign governments to access user 
     data through internet-linked applications presents national 
     security risks. These risks may include the collection of 
     sensitive information, espionage, and potential influence 
     over critical infrastructure.
       (4) Increasing transparency and providing users with the 
     necessary information to make informed decisions about the 
     applications they download can help protect consumer privacy 
     and security.
       (b) Sense of Congress.--It is the sense of Congress that 
     covered companies and developers already posses the 
     information necessary to provide adequate transparency to 
     consumers.

     SEC. 1003. PUBLIC LISTING OF COUNTRY OF ORIGIN OF 
                   APPLICATIONS.

       (a) Definitions.--In this section:
       (1) Application.--The term ``application'' means a software 
     application or electronic service that may be run or directed 
     by a user on a computer, a mobile device, or any other 
     general purpose computing device.
       (2) Application store.--The term ``application store'' 
     means a publicly available website, software application, 
     electronic service, or platform provided by a device 
     manufacturer that--
       (A) distributes applications from third-party developers to 
     users of a computer, a mobile device, or any other general 
     purpose computing device; and
       (B) has more than 20,000,000 users in the United States.
       (3) Application store page.--The term ``application store 
     page'' means the individual, dedicated listing page within an 
     application store that serves as the primary source of 
     information on a specific application and provides detailed 
     information about the application, including the name of the 
     application, the developer, a description, user ratings and 
     reviews, screenshots or previews, pricing, and system 
     requirements.
       (4) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (5) Beneficial owner.--The term ``beneficial owner'' --
       (A) means, with respect to a developer of an application, 
     an individual who, directly or indirectly, through any 
     contract, arrangement, understanding, relationship, or 
     otherwise--
       (i) exercises substantial control over the developer; or
       (ii) owns or controls not less than 25 percent of the 
     ownership interests of the developer; and
       (B) does not include--
       (i) a minor child, as defined in the State in which the 
     entity is formed, if the information of the parent or 
     guardian of the minor child is reported in accordance with 
     this section;
       (ii) an individual acting as a nominee, intermediary, 
     custodian, or agent on behalf of another individual;
       (iii) an individual acting solely as an employee of a 
     corporation, limited liability company, or other similar 
     entity and whose control over or economic benefits from such 
     entity is derived solely from the employment status of the 
     individual;
       (iv) an individual whose only interest in a corporation, 
     limited liability company, or other similar entity is through 
     a right of inheritance; or
       (v) a creditor of a corporation, limited liability company, 
     or other similar entity, unless the creditor meets the 
     requirements of subparagraph (A).
       (6) Country of concern.--The term ``country of concern'' 
     means a country that is on the list described in section 
     1004.
       (7) Country of origin.--The term ``country of origin''--
       (A) with respect to the developer of an application, means 
     the country in which the developer is headquartered or 
     principally operates; and
       (B) with respect to the beneficial owner of the developer 
     of an application--
       (i) except as provided in clause (ii), means the country 
     from which the beneficial owner principally exercises control 
     over the developer; and
       (ii) if the beneficial owner exercises any control over the 
     developer from a country of concern, means that country.
       (8) Covered company.--The term ``covered company'' means 
     any person, entity, or organization that owns, controls, or 
     operates an application store that serves customers in the 
     United States.
       (9) Developer.--The term ``developer'' means a person that 
     creates, owns, or controls an application and is responsible 
     for the design, development, maintenance, and distribution of 
     the application to end users through an application store.

[[Page S5406]]

       (10) Primary country of origin.--The term ``primary country 
     of origin'', with respect to an application--
       (A) except as provided in subparagraph (B), means the 
     country of origin of the developer of the application; and
       (B) if the country of origin of the beneficial owner of the 
     developer of the application is a country of concern, means 
     that country.
       (11) Prominent display.--The term ``prominent display'', 
     with respect to an application store page, means a banner 
     that is immediately and clearly visible when the application 
     store page is accessed.
       (b) Requirements.--
       (1) Public listing.--The Assistant Secretary shall require 
     a covered company to publicly list, in a prominent display on 
     the application store page, the primary country of origin of 
     each application distributed through an application store 
     owned, controlled, or operated by the covered company.
       (2) Protections regarding certain foreign countries.--
       (A) Filter for certain applications.--The Assistant 
     Secretary shall require a covered company to provide users of 
     the covered company's application store with the option to 
     filter out applications whose primary country of origin is a 
     country of concern.
       (B) Disclaimer for certain applications.--The Assistant 
     Secretary shall require that if the primary country of origin 
     of an application is a country of concern, a covered company 
     that distributes the application through an application store 
     shall provide a disclaimer, in a prominent display on the 
     application store page, that data from the application could 
     be accessed by a foreign government.
       (3) Update of information.--
       (A) In general.--The Assistant Secretary shall require a 
     developer to notify a covered company whose application store 
     distributes the developer's application of any change in--
       (i) the country of origin of the developer;
       (ii) the beneficial owner of the developer; or
       (iii) the country of origin of the beneficial owner of the 
     developer.
       (B) Developer certification.--
       (i) In general.--The Assistant Secretary shall require a 
     developer to certify to each covered company that owns, 
     controls, or operates an application store through which the 
     developer's application is distributed, not less frequently 
     than annually, that the information displayed on the 
     application store page with respect to the application, 
     including primary country of origin and beneficial ownership, 
     is up-to-date.
       (ii) Violations.--If a developer violates clause (i)--

       (I) the covered company shall issue the developer a series 
     of not fewer than 3 warnings over a period of not more than 
     90 days; and
       (II) if the developer does not correct the violation by the 
     date that is 90 days after the date on which the first 
     warning is issued under subclause (I), the covered company 
     shall remove the application of the developer from the 
     application store.

       (4) Reporting mechanism.--The Assistant Secretary shall 
     require a covered company to establish a mechanism that--
       (A) allows a user of the covered company's application 
     store, an employee of a developer whose application is 
     distributed through the covered company's application store, 
     or an associated third party to report a potential violation 
     of this subsection by a developer, including incorrect 
     information displayed on the application store page; and
       (B) allows a report under subparagraph (A) to be made 
     anonymously.
       (5) Written policy for appeals of removals.--The Assistant 
     Secretary shall require a covered company to establish, for 
     any application store owned, controlled, or operated by the 
     covered company, a clear written policy for how a developer 
     can appeal the removal of an application from the application 
     store and have the application be reinstated.

     SEC. 1004. LIST OF FOREIGN COUNTRIES WITH NATIONAL LAWS 
                   RESULTING IN GOVERNMENT CONTROL OVER 
                   APPLICATIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of the Treasury and the Secretary of Commerce shall jointly 
     develop and submit to Congress a list of each foreign country 
     that has in effect a national law that may subject a 
     developer or application to control by the government of the 
     country over content moderation, algorithm design, or user 
     data transfers.
       (b) Publication.--With respect to the list developed under 
     subsection (a)--
       (1) the Secretary of the Treasury shall make the list 
     publicly available on the website of the Department of the 
     Treasury; and
       (2) the Secretary of Commerce shall make the list publicly 
     available on the website of the Department of Commerce.

     SEC. 1005. LIMITATION OF ENFORCEMENT AND REGULATION.

       The Assistant Secretary of Commerce for Communications and 
     Information may not exercise any enforcement authority or 
     regulatory authority over a covered company or developer that 
     is not provided under this division, including through 
     rulemaking.

     SEC. 1006. ENFORCEMENT.

       The Attorney General may bring a civil action in an 
     appropriate district court of the United States against any 
     covered company that violates this division.
                                 ______
                                 
  SA 3092. 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 title XV, add the following:

Subtitle E--Licensing Aerospace Units to New Commercial Heights Act of 
                                  2024

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Licensing Aerospace 
     Units to New Commercial Heights Act of 2024'' or the ``LAUNCH 
     Act''.

     SEC. 1550. STREAMLINING REGULATIONS RELATING TO COMMERCIAL 
                   SPACE LAUNCH AND REENTRY REQUIREMENTS.

       (a) Evaluation of Implementation of Part 450.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     (referred to in this subtitle as the ``Secretary'') shall 
     evaluate the implementation of part 450 of title 14, Code of 
     Federal Regulations (in this section referred to as ``part 
     450'') and the impacts of part 450 on the commercial 
     spaceflight industry.
       (2) Elements.--The evaluation required by paragraph (1) 
     shall include an assessment of--
       (A) whether increased uncertainty in the commercial 
     spaceflight industry has resulted from the implementation of 
     part 450;
       (B) whether part 450 has resulted in operational delays to 
     emerging launch programs; and
       (C) whether timelines for reviews have changed, including 
     an assessment of the impact of the incremental review process 
     on those timelines and the root cause for multiple reviews, 
     if applicable.
       (3) Report required.--Not later than 90 days after 
     completing the review required by paragraph (1), the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives a report that includes--
       (A) the findings of the review;
       (B) recommendations for reducing delays and inefficiencies 
     resulting from part 450 that do not rely solely on additional 
     personnel or funding; and
       (C) an estimate for a timeline and funding for implementing 
     the recommendations described in subparagraph (B).
       (b) Rulemaking Committee.--
       (1) In general.--The Secretary shall consider establishing 
     a Space Transportation Rulemaking Committee, comprised of 
     established and emerging United States commercial space 
     launch and reentry services providers (including providers 
     that hold, and providers that have applied for but not yet 
     received, licenses issued under chapter 509 of title 51, 
     United States Code)--
       (A) to facilitate industry participation in developing 
     recommendations for amendments to part 450 to address the 
     challenges identified in conducting the review required by 
     subsection (a) or under paragraph (2) of section 50905(d) of 
     title 51, United States Code (as added by subsection (d)(3)); 
     and
       (B) to provide a long-term forum for the United States 
     commercial spaceflight industry to share perspectives 
     relating to regulations affecting the industry.
       (2) Prevention of duplicative efforts.--The Secretary shall 
     ensure that a Space Transportation Rulemaking Committee 
     established under this subsection does not provide services 
     or make efforts that are duplicative of the services provided 
     and efforts made by the Commercial Space Transportation 
     Advisory Committee.
       (c) Encouragement of Innovation.--The Secretary shall, on 
     an ongoing basis, determine whether any requirements for a 
     license issued under chapter 509 of title 51, United States 
     Code, can be modified or eliminated to encourage innovative 
     new technologies and operations.
       (d) Modifications to Requirements and Procedures for 
     License Applications.--
       (1) Consideration of safety rationales of license 
     applicants.--Section 50905(a)(2) of title 51, United States 
     Code, is amended--
       (A) by striking ``Secretary may'' inserting the following: 
     ``Secretary--
       ``(A) may'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(B) shall accept a reasonable safety rationale proposed 
     by an applicant for a license under this chapter, including 
     new approaches, consistent with paragraph (1).''.
       (2) Facilitation of license applications and assistance to 
     applicants.--Section 50905(a) of title 51, United States 
     Code, is amended by adding at the end the following:
       ``(3) In carrying out paragraph (1), the Secretary shall 
     assign a licensing team lead to each applicant for a license 
     under this chapter to assist the applicant in streamlining 
     the process for reviewing and approving the license 
     application.''.
       (3) Streamlining of review processes.--Section 50905(d) of 
     title 51, United States Code, is amended by striking the end 
     period and inserting the following: ``, including by--
       ``(1) adjudicating determinations with respect to such 
     applications and revisions to

[[Page S5407]]

     such determinations in a timely manner as part of the 
     incremental review process under section 450.33 of title 14, 
     Code of Federal Regulations (or a successor regulation); and
       ``(2) eliminating and streamlining duplicative review 
     processes with other agencies, particularly relating to the 
     use of Federal ranges or requirements to use the assets of 
     Federal ranges.''.

     SEC. 1551. DIRECT HIRE FOR OFFICE OF COMMERCIAL SPACE 
                   TRANSPORTATION.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall use direct hire authorities [(as such 
     authorities existed on the day before the date of the 
     enactment of this Act)] [SLC Note: Could you let me know what 
     your intent is with this phrase? Are such authorities being 
     amended by some provision of the NDAA such that you are 
     intending to create a savings provision? Or is this language 
     from some other source that does that, and I should delete 
     the bracketed phrase?] to hire individuals on a 
     noncompetitive basis for positions related to space launch 
     and reentry licensing and permit activities.
       (b) Annual Report.--Not less frequently than annually, the 
     Administrator of the Federal Aviation Administration shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives an 
     annual report on the use of direct hiring authorities to fill 
     such positions within the Federal Aviation Administration 
     related to commercial space launch and reentry [licensing and 
     permit activities].

     SEC. 1552. FLIGHT SAFETY ANALYSIS WORKFORCE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) flight safety analysis is critical to maintaining a 
     high level of public safety for commercial space launches 
     from, and reentries to, Federal ranges;
       (2) significant expertise in flight safety analysis exists 
     within the Department of Defense, the Department of 
     Transportation, and the National Aeronautics and Space 
     Administration; and
       (3) the increasing pace of commercial launch and reentries 
     requires greater cooperation among the Secretary of Defense, 
     the Secretary, and the Administrator of the National 
     Aeronautics and Space Administration to support commercial 
     launch and reentry activities at Federal ranges.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Defense and the Administrator of the 
     National Aeronautics and Space Administration, shall submit 
     to the appropriate committees of Congress a report that 
     identifies roles, responsibilities, expertise, and knowledge 
     that exists within the executive branch of the Federal 
     Government relating to analysis of flight safety systems for 
     space launch and reentry activities.
       (c) Memorandum of Understanding.--Upon completion of the 
     report required by subsection (b), the Secretary may enter 
     into memorandum of understanding with the Secretary of 
     Defense and the Administrator of the National Aeronautics and 
     Space Administration to allow Federal range personnel to 
     support flight safety analysis required for the licensing of 
     commercial space launch and reentry activities.

     SEC. 1553. STREAMLINING LICENSING OF PRIVATE REMOTE SENSING 
                   SPACE SYSTEMS.

       (a) Clarification of Remote Sensing Regulatory Authority 
     Over Certain Imaging Systems.--Section 60121(a)(2) of title 
     51, United States Code, is amended by adding at the end the 
     following: ``Instruments determined by the Secretary in 
     writing to be used primarily for mission assurance or other 
     technical purposes shall not be considered to be conducting 
     remote sensing. Instruments used primarily for mission 
     assurance or other technical purposes are instruments used to 
     support the health of the launch vehicle or the operator's 
     spacecraft or the safety of the operator's space operations, 
     including instruments used to support on-board self-
     monitoring for technical assurance, flight reliability, 
     spaceflight safety, navigation, attitude control, separation 
     events, payload deployments, or instruments collecting self-
     images.''.
       (b) Facilitation of License Applications and Assistance to 
     Applicants.--
       (1) In general.--Section 60121 of title 51, United States 
     Code, is amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) by inserting after subsection (c) the following:
       ``(d) Assignment of Dedicated Licensing Officer.--The 
     Secretary shall assign a licensing officer to oversee the 
     application of the applicant for a license under subsection 
     (a). The licensing officer shall assist the applicant by 
     facilitating the application process, minimizing license 
     conditions, and expediting the review and approval of the 
     application, to the extent authorized by law.''.
       (2) Conforming amendment.--Section 60122(b)(3) of title 51, 
     United States Code, is amended by striking ``section 
     60121(e)'' and inserting ``section 60121(f)''.
       (c) Transparency and Expeditious Review of Licenses.--In 
     carrying out the authorities under subchapter III of chapter 
     601 of title 51, United States Code, the Secretary shall--
       (1) provide transparency to and engagement with applicants 
     throughout the licensing process, including by stating with 
     specificity to the applicant or licensee what basis caused 
     the tiering determination of the license;
       (2) minimize the timelines for review of commercial remote 
     sensing licensing applications; and
       (3) not less frequently than annually, reevaluate the 
     criteria for the tiering of satellite systems, with a goal of 
     expeditiously recategorizing Tier 3 systems to a lower tier 
     without temporary license conditions.

     SEC. 1554. GAO REPORT.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives a report on the policies, regulations, and 
     practices of the Department of Commerce (referred to in this 
     section as the ``Department'') with respect to the private 
     remote sensing space industry.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which such licensing 
     policies, regulations, and practices of the Department 
     promote or inhibit a robust domestic private remote sensing 
     industry, including any restrictions that impede innovative 
     remote sensing capabilities.
       (2) Recommendations on changes to policies, regulations, 
     and practices for consideration by the Secretary of Commerce 
     to promote United States industry leadership in private 
     remote sensing capabilities, including recommendations for--
       (A) determining whether the costs to industry outweigh the 
     benefits of conducting on-site ground station visits, and 
     possible alternatives to ensuring compliance;
       (B) assessing the information in a license application that 
     should be treated as a material fact and the justification 
     for such treatment;
       (C) incorporating industry feedback into Department 
     policies, regulations, and practices; and
       (D) increasing Department transparency by--
       (i) ensuring the wide dissemination of Department guidance;
       (ii) providing clear application instructions; and
       (iii) establishing written precedent of Department actions.
                                 ______
                                 
  SA 3093. Mr. ROMNEY (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title IX, add the following:

  Subtitle C--Expansion of Authorities of Office of Strategic Capital

     SEC. 931. SHORT TITLE.

       This subtitle may be cited as the ``Investing in Our 
     Defense Act of 2024''.

     SEC. 932. AUTHORIZATION TO MAKE EQUITY INVESTMENTS.

       (a) In General.--Section 149 of title 10, United States 
     Code, as amended by section 913, is further amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Equity Investments.--
       ``(1) In general.--To the extent and in such amounts as are 
     specifically provided in advance in appropriations Acts for 
     the purposes described in this subsection, the Office may, as 
     a minority investor, support eligible investments with funds 
     or use other mechanisms for the purpose of purchasing, and 
     may make and fund commitments to purchase, invest in, make 
     pledges in respect of, or otherwise acquire, equity or quasi-
     equity securities or shares or financial interests of any 
     entity, upon such terms and conditions as the Director may 
     determine.
       ``(2) Limitations on equity investments.--
       ``(A) Per project limit.--The aggregate amount of support 
     provided under this subsection with respect to any eligible 
     investment shall not exceed 20 percent of the aggregate 
     amount of all equity investment made to the project at the 
     time that the Office approves support for the eligible 
     investment.
       ``(B) Total limit.--Support provided under this subsection 
     shall be limited to not more than 35 percent of the aggregate 
     exposure of the Office on the date on which the support is 
     provided.
       ``(3) Sales and liquidation of support.--The Office shall 
     seek to sell and liquidate any support for an eligible 
     investment provided under this subsection as soon as 
     commercially feasible, commensurate with other similar 
     investors in the project and taking into consideration the 
     national security interests of the United States.
       ``(4) Timetable.--The Office shall create an eligible 
     investment-specific timetable for support provided under 
     paragraph (1).''.
       (b) Conforming Amendment.--Subsection (f)(1) of such 
     section, as redesignated by subsection (a), is further 
     amended by inserting

[[Page S5408]]

     ``, equity investment'' after ``loan guarantee''.

     SEC. 933. AUTHORIZATION TO COLLECT FEES FOR PROVIDING CAPITAL 
                   INVESTMENTS.

       Section 149 of title 10, United States Code, as amended by 
     section 932, is further amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Fee Authority.--The Director may charge and collect 
     fees for providing capital assistance in amounts to be 
     determined by the Director. Such fees, once collected, may be 
     used only for the purposes and to the extent provided in 
     advance by appropriations Acts.''.
                                 ______
                                 
  SA 3094. Mr. CRAMER (for himself and Mr. Sullivan) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle H of title X, add the following:

     SEC. 1095. PROHIBITION ON IMPLEMENTATION OF REGULATION 
                   RELATING TO DISCLOSURE OF GREENHOUSE GAS 
                   EMISSIONS AND CLIMATE-RELATED FINANCIAL RISK.

       None of the funds authorized to be appropriated by this Act 
     may be used to finalize, promulgate, or implement the rule 
     proposed by the Department of Defense, the General Services 
     Administration, and the National Aeronautics and Space 
     Administration relating to ``Federal Acquisition Regulation: 
     Disclosure of Greenhouse Gas Emissions and Climate-Related 
     Financial Risk'' (87 Fed. Reg. 68312; published November 14, 
     2022), or to propose, promulgate, or implement any 
     substantially similar rule or policy.
                                 ______
                                 
  SA 3095. 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 subtitle F of title XII, add the following:

     SEC. 1291. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION 
                   OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM 
                   UNDUE INFLUENCE AND OTHER SECURITY THREATS.

       Section 1286(c)(9)(A) of the John S. McCain National 
     Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 
     4001 note) is amended, in the matter preceding clause (i), by 
     inserting ``and research'' after ``academic''.
                                 ______
                                 
  SA 3096. 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 appropriate place, insert the following:

     SEC. ___. PLAIN WRITING APPLICATION REQUIREMENTS FOR 
                   SOLICITATION OF SUBCONTRACTORS.

       (a) In General.--Section 8(d) of the Small Business Act (15 
     U.S.C. 637(d)) is amended--
       (1) in paragraph (6)--
       (A) in subparagraph (H)(ii), by striking ``and'' at the 
     end;
       (B) in subparagraph (I)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(J) a representation that--
       ``(i) the offeror or bidder will communicate all 
     solicitations of subcontracts in plain writing (as defined in 
     section 3 of the Plain Writing Act of 2010 (Public Law 111-
     274; 124 Stat. 2861)) so that the solicitation is easily 
     understood by small business concerns seeking to obtain a 
     subcontracting opportunity from the offeror or bidder; and
       ``(ii) the offeror or bidder will include the plain writing 
     requirement described in clause (i) in all subcontracts that 
     offer subcontracting opportunities.''; and
       (2) by adding at the end the following:
       ``(18) Compliance with plain writing requirement.--If the 
     Administrator determines that a prime contractor failed to 
     communicate any solicitation of a subcontract in plain 
     writing in accordance with paragraph (6)(J), the prime 
     contractor shall communicate a new solicitation of the 
     subcontract in plain writing not later than 30 days after the 
     date on which the Administrator made that determination.''.
       (b) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall promulgate regulations to carry 
     out paragraphs (6)(J) and (18) of section 8(d) of the Small 
     Business Act (15 U.S.C. 637(d)), as added by subsection (a).
                                 ______
                                 
  SA 3097. Mr. SCOTT of Florida (for himself and Ms. Sinema) submitted 
an amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. DEFINITION OF CUSTOMS WATERS.

       (a) Tariff Act of 1930.--Section 401(j) of the Tariff Act 
     of 1930 (19 U.S.C. 1401(j)) is amended--
       (1) by striking ``means, in the case'' and inserting the 
     following: ``means--
       ``(1) in the case'';
       (2) by striking ``of the coast of the United States'' the 
     first place it appears and inserting ``from the baselines of 
     the United States, determined in accordance with 
     international law,'';
       (3) by striking ``and, in the case'' and inserting the 
     following: ``; and
       ``(2) in the case''; and
       (4) by striking ``the waters within four leagues of the 
     coast of the United States.'' and inserting the following: 
     ``the waters within--
       ``(A) the territorial sea of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(B) the contiguous zone of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 7219 of September 2, 1999.''.
       (b) Anti-Smuggling Act.--Section 401(c) of the Anti-
     Smuggling Act (19 U.S.C. 1709(c)) is amended--
       (1) by striking ``means, in the case'' and inserting the 
     following: ``means--
       ``(1) in the case'';
       (2) by striking ``of the coast of the United States'' the 
     first place it appears and inserting ``from the baselines of 
     the United States, determined in accordance with 
     international law,'';
       (3) by striking ``and, in the case'' and inserting the 
     following: ``; and
       ``(2) in the case''; and
       (4) by striking ``the waters within four leagues of the 
     coast of the United States.'' and inserting the following: 
     ``the waters within--
       ``(A) the territorial sea of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 5928 of December 27, 1988; and
       ``(B) the contiguous zone of the United States, to the 
     limits permitted by international law in accordance with 
     Presidential Proclamation 7219 of September 2, 1999.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the day after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 3098. Mr. SCOTT of Florida (for himself and Mr. Warner) submitted 
an amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. COUNTERING CCP DRONES.

       (a) Determination of Whether Unmanned Aircraft Systems 
     Manufacturers Are Chinese Military Companies.--Pursuant to 
     the annual review required under section 1260H(a) of the 
     William M. (Mac) Thornberry National Defense Authorization 
     Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 
     note), the Secretary of Defense shall determine if any entity 
     that manufactures or assembles unmanned aircraft systems (as 
     defined in section 44801 of title 49, United States Code), or 
     any subsidiary, parent, affiliate, or successor of such an 
     entity, should be identified under such section 1260H(a) as a 
     Chinese military company operating directly or indirectly in 
     the United States.
       (b) Addition of Certain Equipment and Services of DJI 
     Technologies and Autel Robotics to Covered Communications 
     Equipment and Services List.--
       (1) In general.--Section 2 of the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1601) is 
     amended--
       (A) in subsection (c), by adding at the end the following:
       ``(5) The communications equipment or service being--
       ``(A) communications or video surveillance equipment 
     produced or provided by--
       ``(i) Shenzhen Da-Jiang Innovations Sciences and 
     Technologies Company Limited (commonly known as `DJI 
     Technologies');
       ``(ii) Autel Robotics; or
       ``(iii) with respect to an entity described in clause (i) 
     or (ii) (referred to in this clause as a `named entity')--

[[Page S5409]]

       ``(I) any subsidiary, affiliate, or partner of the named 
     entity;
       ``(II) any entity in a joint venture with the named entity; 
     or
       ``(III) any entity to which the named entity has issued a 
     license to produce or provide that telecommunications or 
     video surveillance equipment; or

       ``(B) telecommunications or video surveillance services, 
     including software, provided by an entity described in 
     subparagraph (A) or using equipment described in that 
     subparagraph.
       ``(6)(A) The communications equipment or service being any 
     communications equipment or service produced or provided by 
     an entity--
       ``(i) that is a subsidiary, affiliate, or partner of an 
     entity that produces or provides any communications equipment 
     or service described in any of paragraphs (1) through (5) 
     (referred to in this subparagraph as a `covered entity');
       ``(ii) that is in a joint venture with a covered entity; or
       ``(iii) to which a covered entity has issued a license to 
     produce or provide that communications equipment or service.
       ``(B) An executive branch interagency body described in 
     paragraph (1) may submit to the Commission a petition to have 
     an entity recognized as an entity to which subparagraph (A) 
     applies.''; and
       (B) by adding at the end the following:
       ``(e) Inapplicability to Authorized Intelligence 
     Activities.--
       ``(1) Definitions.--In this subsection, the terms 
     `intelligence' and `intelligence community' have the meanings 
     given those terms in section 3 of the National Security Act 
     of 1947 (50 U.S.C. 3003).
       ``(2) Inapplicability.--Notwithstanding any other provision 
     of this section, an action by the Commission under subsection 
     (b)(1) based on a determination made under paragraph (5) or 
     (6) of subsection (c) shall not apply with respect to any--
       ``(A) activity subject to the reporting requirements under 
     title V of the National Security Act of 1947 (50 U.S.C. 3091 
     et seq.);
       ``(B) activity of an element of the intelligence community 
     relating to intelligence; or
       ``(C) activity of, or procurement by, an element of the 
     intelligence community in support of an activity relating to 
     intelligence.''.
       (2) Conforming amendments.--Section 2 of the Secure and 
     Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) 
     is amended by striking ``paragraphs (1) through (4)'' each 
     place that term appears and inserting ``paragraphs (1) 
     through (6)''.
       (3) Effective date.--This subsection, and the amendments 
     made by this subsection, shall take effect on the date that 
     is 180 days after the date of enactment of this Act.
       (c) First Responder Secure Drone Program.--
       (1) Definitions.--In this subsection:
       (A) Eligible entity.--
       (i) In general.--The term ``eligible entity'' means an 
     agency of an entity described in clause (ii) that has as a 
     primary responsibility the maintenance of public safety.
       (ii) Entity described.--An entity described in this clause 
     is any of the following:

       (I) Each of the 50 States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (II) A political subdivision, including a unit of local 
     government, of an entity described in subclause (I).
       (III) A Tribal Government.

       (B) Eligible small unmanned aircraft system.--The term 
     ``eligible small unmanned aircraft system'' means a small 
     unmanned aircraft system, as defined in part 107 of title 14, 
     Code of Federal Regulations (or any successor regulation), 
     that--
       (i) was not designed, manufactured, or assembled, in whole 
     or in part, by a foreign entity of concern; or
       (ii) does not include software or 1 or more critical 
     components from a foreign entity of concern.
       (C) Foreign entity of concern.--The term ``foreign entity 
     of concern'' has the meaning given the term in section 9901 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (E) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' has the meaning given such term in section 44801 of 
     title 49, United States Code.
       (2) Authority.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish a 
     program, in coordination with the Attorney General, to be 
     known as the First Responder Secure Drone Program, to provide 
     grants to eligible entities to facilitate the use of eligible 
     small unmanned aircraft systems.
       (3) Use of grant amounts.--An eligible entity may use a 
     grant provided under this subsection to--
       (A) purchase or lease eligible small unmanned aircraft 
     systems;
       (B) purchase or lease software, training, and other 
     services reasonably associated with the purchase or lease of 
     eligible small unmanned aircraft systems; and
       (C) dispose of unmanned aircraft systems owned by the 
     eligible entity.
       (4) Restrictions on grant uses.--In administering grants 
     under this program, the Secretary, in coordination with the 
     Attorney General, shall ensure funds are used in a manner 
     that safeguards civil liberties and mitigates cybersecurity 
     risks concerning the operation and use of the eligible small 
     unmanned aircraft system.
       (5) Application.--To be eligible to receive a grant under 
     this subsection, an eligible entity shall submit to the 
     Secretary an application at such time, in such form, and 
     containing such information as the Secretary may require, 
     including an assurance that the eligible entity or any 
     contractor of the eligible entity, will comply with relevant 
     Federal regulations.
       (6) Federal share.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the allowable costs of a project carried 
     out using a grant provided under this subsection shall not 
     exceed 50 percent of the total allowable project costs.
       (B) Waiver.--The Secretary may increase the Federal share 
     under subparagraph (A) to up to 75 percent if an eligible 
     entity--
       (i) submits a written application to the Secretary 
     requesting an increase in the Federal share; and
       (ii) demonstrates that the additional assistance is 
     necessary to facilitate the acceptance and full use of a 
     grant under this subsection, due to circumstances such as 
     alleviating economic hardship, meeting additional workforce 
     needs, or any other uses that the Secretary determines to be 
     appropriate.
       (7) Sunset of program.--The program established under this 
     subsection shall end on the date that is the earlier of--
       (A) the date on which all appropriations authorized under 
     paragraph (7) are expended; and
       (B) the date that is 2 years after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 3099. 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
       (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

[[Page S5410]]

     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).
                                 ______
                                 
  SA 3100. Mr. HICKENLOOPER (for himself and Mr. Marshall) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle D of title VIII, add the following:

     SEC. 865. SBIC MAXIMUM LEVERAGE EXCLUSION.

       (a) Short Title.--This section may be cited as the 
     ``Investing in All of America Act of 2024''.
       (b) Definitions.--Section 103(9) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662(9)) is amended--
       (1) in subparagraph (A)(ii), by striking ``and'' at the 
     end;
       (2) in subparagraph (B)(iii)--
       (A) in subclause (I), by striking ``established prior to 
     October 1, 1987'';
       (B) in subclause (II)--
       (i) by striking ``or'' and inserting ``, a''; and
       (ii) by inserting ``, or a foundation, endowment, or trust 
     of a college or university'' after ``pension plan''; and
       (C) in subclause (III), by striking the semicolon at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) for the purpose of approval by the Administrator of 
     any request for leverage, does not include any funds obtained 
     directly or indirectly from any Federal, State or local 
     government or any government agency or instrumentality, 
     except for funds described in subclause (I), (II), or (III) 
     of subparagraph (B)(iii).''.
       (c) Maximum Leverage.--Section 303(b)(2) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is 
     amended--

[[Page S5411]]

       (1) in subparagraph (A)(i), by striking ``300'' and 
     inserting ``200'';
       (2) in subparagraph (C)--
       (A) in the heading--
       (i) by inserting ``or rural'' after ``low-income''; and
       (ii) by inserting ``or critical technology areas'' after 
     ``geographic areas'';
       (B) in clause (i)--
       (i) by striking ``(i) In calculating'' and inserting the 
     following:
       ``(i) In general.--Except as provided in clause (iii), in 
     calculating'';
       (ii) by inserting ``or companies'' after ``of a company'';
       (iii) by striking ``subparagraph (A)'' and inserting 
     ``subparagraphs (A) and (B)'';
       (iv) by striking ``equity'';
       (v) by striking ``the company in a smaller enterprise'' and 
     all that follows and inserting the following: ``the company 
     or companies in--

       ``(I) a smaller enterprise located in a low-income 
     geographic area (as defined in section 351) or in a rural 
     area; or''; and

       (vi) by adding at the end the following new subclause:

       ``(II) a small business concern in an area of critical 
     technology (as defined in section 4801 of title 10, United 
     States Code) vital to maintaining the national security of 
     the United States.'';

       (C) by amending clause (ii) to read as follows:
       ``(ii) Limitation.--While maintaining the limitation of 
     subparagraph (A)(i) and consistent with a leverage 
     determination ratio issued pursuant to section 301(c), the 
     aggregate amount excluded for a company or companies under 
     clause (i) from the calculation of the outstanding leverage 
     of such company or companies for the purposes of 
     subparagraphs (A) and (B) may not exceed the lesser of 50 
     percent of the private capital of such company or companies 
     or $125,000,000.''; and
       (D) by amending clause (iii) to read as follows:
       ``(iii) Prospective applicability.--An investment by a 
     licensee is eligible for exclusion from the calculation of 
     outstanding leverage under clause (i) only if such investment 
     is made by such licensee after the date of enactment of the 
     Investing in All of America Act of 2024.''; and
       (3) by adding at the end the following new subparagraphs:
       ``(E) Annual adjustment.--The Administrator shall adjust 
     the dollar amounts described in subparagraphs (A) and (B)--
       ``(i) on the date of the enactment of this subparagraph, by 
     a percentage equal to the percentage (if any) by which the 
     Consumer Price Index (all items; United States city average), 
     as published by the Bureau of Labor Statistics, increased 
     during the period--

       ``(I) beginning on December 18, 2015, and ending on the 
     date of the enactment of this subparagraph, for subparagraph 
     (B); and
       ``(II) beginning on June 21, 2018, and ending on the date 
     of the enactment of this subparagraph, for subparagraph (A); 
     and

       ``(ii) on the date that is one year after the date of the 
     enactment of this subparagraph, and annually thereafter, by a 
     percentage equal to the percentage (if any) by which the 
     Consumer Price Index (all items; United States city average), 
     as published by the Bureau of Labor Statistics, increased 
     during the one-year period preceding the date of the 
     adjustment under this clause.''.
       (d) Report.--Not later than June 30 of the first year 
     beginning after the date of enactment of this Act, and 
     annually thereafter, the Administrator of the Small Business 
     Administration shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives a report on 
     the results of the exclusion under subparagraph (C) of 
     section 303(b)(2) of the Small Business Investment Act of 
     1958 (15 U.S.C. 683(b)(2)), as amended by subsection (c), 
     including the economic activity generated and jobs directly 
     and indirectly created by the exclusion.
                                 ______
                                 
  SA 3101. Mr. COONS (for himself, Mr. Graham, Mr. Tillis, Mr. King, 
Mr. Heinrich, Mr. Whitehouse, Mr. Boozman, Mr. Ricketts, Mr. Kaine, Mr. 
Scott of South Carolina, Mr. Crapo, Mrs. Shaheen, Mr. Kelly, Ms. 
Hirono, and Mr. Cassidy) submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

  Subtitle G--United States Foundation for International Conservation

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``United States 
     Foundation for International Conservation Act of 2024''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Board.--The term ``Board'' means the Board of Directors 
     established pursuant to section 1294(a).
       (3) Eligible country.--The term ``eligible country'' means 
     any country described in section 1297(b).
       (4) Eligible project.--The term ``eligible project'' means 
     any project described in section 1297(a)(2).
       (5) Executive director.--The term ``Executive Director'' 
     means the Executive Director of the Foundation hired pursuant 
     to section 1294(b).
       (6) Foundation.--The term ``Foundation'' means the United 
     States Foundation for International Conservation established 
     pursuant to section 1293(a).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 1293. UNITED STATES FOUNDATION FOR INTERNATIONAL 
                   CONSERVATION.

       (a) Establishment.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall establish the 
     United States Foundation for International Conservation, 
     which shall be operated as a charitable, nonprofit 
     corporation.
       (2) Independence.--The Foundation is not an agency or 
     instrumentality of the United States Government.
       (3) Tax-exempt status.--The Board shall take all necessary 
     and appropriate steps to ensure that the Foundation is an 
     organization described in subsection (c) of section 501 of 
     the Internal Revenue Code of 1986, which exempt the 
     organization from taxation under subsection (a) of such 
     section.
       (4) Termination of operations.--The Foundation shall 
     terminate operations on the date that is 10 years after the 
     date on which the Foundation becomes operational, in 
     accordance with--
       (A) a plan for winding down the activities of the 
     Foundation that the Board shall submit to the appropriate 
     congressional committees not later than 180 days before such 
     termination date; and
       (B) the bylaws established pursuant to section 1294(b)(13).
       (b) Purposes.--The purposes of the Foundation are--
       (1) to provide grants for the responsible management of 
     designated priority primarily protected and conserved areas 
     in eligible countries that have a high degree of biodiversity 
     or species and ecosystems of significant ecological value;
       (2) to promote responsible, long-term management of 
     primarily protected and conserved areas and their contiguous 
     buffer zones;
       (3) to incentivize, leverage, accept, and effectively 
     administer governmental and nongovernmental funds, including 
     donations from the private sector, to increase the 
     availability and predictability of financing for responsible, 
     long-term management of primarily protected and conserved 
     areas in eligible countries;
       (4) to help close critical gaps in public international 
     conservation efforts in eligible countries by--
       (A) increasing private sector investment, including 
     investments from philanthropic entities; and
       (B) collaborating with partners providing bilateral and 
     multilateral financing to support enhanced coordination, 
     including public and private funders, partner governments, 
     local protected areas authorities, and private and 
     nongovernmental organization partners;
       (5) to identify and financially support viable projects 
     that--
       (A) promote responsible, long-term management of primarily 
     protected and conserved areas and their contiguous buffer 
     zones in eligible countries, including support for the 
     management of terrestrial, coastal, freshwater, and marine 
     protected areas, parks, community conservancies, Indigenous 
     reserves, conservation easements, and biological reserves; 
     and
       (B) provide effective area-based conservation measures, 
     consistent with best practices and standards for 
     environmental and social safeguards; and
       (6) to coordinate with, consult, and otherwise support and 
     assist, governments, private sector entities, local 
     communities, Indigenous Peoples, and other stakeholders in 
     eligible countries in undertaking biodiversity conservation 
     activities--
       (A) to achieve measurable and enduring biodiversity 
     conservation outcomes; and
       (B) to improve local security, governance, food security, 
     and economic opportunities.
       (c) Plan of Action.--
       (1) In general.--Not later than 6 months after the 
     establishment of the Foundation, the Executive Director shall 
     submit for approval from the Board an initial 3-year Plan of 
     Action to implement the purposes of this subtitle, 
     including--
       (A) a description of the priority actions to be undertaken 
     by the Foundation over the proceeding 3-year period, 
     including a timeline for implementation of such priority 
     actions;
       (B) descriptions of the processes and criteria by which--
       (i) eligible countries, in which eligible projects may be 
     selected to receive assistance under this subtitle, will be 
     identified;
       (ii) grant proposals for Foundation activities in eligible 
     countries will be developed, evaluated, and selected; and

[[Page S5412]]

       (iii) grant implementation will be monitored and evaluated;
       (C) the projected staffing and budgetary requirements of 
     the Foundation during the proceeding 3-year period.
       (D) a plan to maximize commitments from private sector 
     entities to fund the Foundation.
       (2) Submission.--The Executive Director shall submit the 
     initial Plan of Action to the appropriate congressional 
     committees not later than 5 days after the Plan of Action is 
     approved by the Board.
       (3) Updates.--The Executive Director shall annually update 
     the Plan of Action and submit each such updated plan to the 
     appropriate congressional committees not later that 5 days 
     after the update plan is approved by the Board.

     SEC. 1294. GOVERNANCE OF THE FOUNDATION.

       (a) Executive Director.--There shall be in the Foundation 
     an Executive Director, who shall--
       (1) manage the Foundation; and
       (2) report to, and be under the direct authority, of the 
     Board.
       (b) Board of Directors.--
       (1) Governance.--The Foundation shall be governed by a 
     Board of Directors, which--
       (A) shall perform the functions specified to be carried out 
     by the Board under this subtitle; and
       (B) may prescribe, amend, and repeal bylaws, rules, 
     regulations, and procedures governing the manner in which the 
     business of the Foundation may be conducted and in which the 
     powers granted to it by law may be exercised.
       (2) Membership.--The Board shall be composed of--
       (A) the Secretary, the Administrator of the United States 
     Agency for International Development, the Secretary of the 
     Interior, the Chief of the United States Forest Service, and 
     the head of one other relevant Federal department or agency, 
     as determined by the Secretary, or the Senate-confirmed 
     designees of such officials; and
       (B) 8 other individuals, who shall be appointed by the 
     Secretary, in consultation with the members of the Board 
     described in subparagraph (A), the Speaker and Minority 
     Leader of the House of Representatives, and the President Pro 
     Tempore and Minority Leader of the Senate, of whom--
       (i) 4 members shall be private-sector donors making 
     financial contributions to the Foundation; and
       (ii) 4 members shall be independent experts who, in 
     addition to meeting the qualification requirements described 
     in paragraph (3), represent diverse points of view and 
     diverse geographies, to the maximum extent practicable.
       (3) Qualifications.--Each member of the Board appointed 
     pursuant to paragraph (2)(B) shall be knowledgeable and 
     experienced in matters relating to--
       (A) international development;
       (B) protected area management and the conservation of 
     global biodiversity, fish and wildlife, ecosystem 
     restoration, adaptation, and resilience; and
       (C) grantmaking in support of international conservation.
       (4) Political affiliation.--Not more than 5 of the members 
     appointed to the Board pursuant to paragraph (2)(B) may be 
     affiliated with the same political party.
       (5) Conflicts of interest.--Any individual with business 
     interests, financial holdings, or controlling interests in 
     any entity that has sought support, or is receiving support, 
     from the Foundation may not be appointed to the Board during 
     the 5-year period immediately preceding such appointment.
       (6) Chairperson.--The Board shall elect, from among its 
     members, a Chairperson, who shall serve for a 2-year term.
       (7) Terms; vacancies.--
       (A) Terms.--
       (i) In general.--The term of service of each member of the 
     Board appointed pursuant to paragraph (2)(B) shall be not 
     more than 5 years.
       (ii) Initial appointed directors.--Of the initial members 
     of the Board appointed pursuant to paragraph (2)(B)--

       (I) 4 members, including at least 2 private-sector donors 
     making financial contributions to the Foundation, shall serve 
     for 4 years; and
       (II) 4 members shall serve for 5 years, as determined by 
     the Chairperson of the Board.

       (B) Vacancies.--Any vacancy in the Board--
       (i) shall be filled in the manner in which the original 
     appointment was made; and
       (ii) shall not affect the power of the remaining appointed 
     members of the Board to execute the duties of the Board.
       (8) Quorum.--A majority of the current membership of the 
     Board, including the Secretary or the Secretary's designee, 
     shall constitute a quorum for the transaction of Foundation 
     business.
       (9) Meetings.--
       (A) In general.--The Board shall meet not less frequently 
     than annually at the call of the Chairperson. Such meetings 
     may be in person, virtual, or hybrid.
       (B) Initial meeting.--Not later than 60 days after the 
     Board is established pursuant to section 1293(a), the 
     Secretary of State shall convene a meeting of the ex-officio 
     members of the Board and the appointed members of the Board 
     to incorporate the Foundation.
       (C) Removal.--Any member of the Board appointed pursuant to 
     paragraph (2)(B) who misses 3 consecutive regularly scheduled 
     meetings may be removed by a majority vote of the Board.
       (10) Reimbursement of expenses.--
       (A) In general.--Members of the Board shall serve without 
     pay, but may be reimbursed for the actual and necessary 
     traveling and subsistence expenses incurred in the 
     performance of the duties of the Foundation.
       (B) Limitation.--Expenses incurred outside the United 
     States may be reimbursed under this paragraph if at least 2 
     members of the Board concurrently incurred such expenses. 
     Such reimbursements--
       (i) shall be available exclusively for actual costs 
     incurred by members of the Board up to the published daily 
     per diem rate for lodging, meals, and incidentals; and
       (ii) shall not include first-class, business-class, or 
     travel in any class other than economy class or coach class.
       (C) Other expenses.--All other expenses, including salaries 
     for officers and staff of the Foundation, shall be 
     established by a majority vote of the Board, as proposed by 
     the Executive Director on no less than an annual basis.
       (11) Not federal employees.--Appointment as a member of the 
     Board and employment by the Foundation does not constitute 
     employment by, or the holding of an office of, the United 
     States for purposes of any Federal law.
       (12) Duties.--The Board shall--
       (A) establish bylaws for the Foundation in accordance with 
     paragraph (13);
       (B) provide overall direction for the activities of the 
     Foundation and establish priority activities;
       (C) carry out any other necessary activities of the 
     Foundation;
       (D) evaluate the performance of the Executive Director;
       (E) take steps to limit the administrative expenses of the 
     Foundation; and
       (F) not less frequently than annually, consult and 
     coordinate with stakeholders qualified to provide advice, 
     assistance, and information regarding effective protected and 
     conserved area management.
       (13) Bylaws.--
       (A) In general.--The bylaws required to be established 
     under paragraph (12)(A) shall include--
       (i) the specific duties of the Executive Director;
       (ii) policies and procedures for the selection of members 
     of the Board and officers, employees, agents, and contractors 
     of the Foundation;
       (iii) policies, including ethical standards, for--

       (I) the acceptance, solicitation, and disposition of 
     donations and grants to the Foundation; and
       (II) the disposition of assets of the Foundation upon the 
     dissolution of the Foundation;

       (iv) policies that subject all implementing partners, 
     employees, fellows, trainees, and other agents of the 
     Foundation (including ex-officio members of the Board and 
     appointed members of the Board) to stringent ethical and 
     conflict of interest standards;
       (v) removal and exclusion procedures for implementing 
     partners, employees, fellows, trainees, and other agents of 
     the Foundation (including ex-officio members of the Board and 
     appointed members of the Board) who fail to uphold the 
     ethical and conflict of interest standards established 
     pursuant to clause (iii);
       (vi) policies for winding down the activities of the 
     Foundation upon its dissolution, including a plan--

       (I) to return unspent appropriations to the Treasury of the 
     United States; and
       (II) to donate unspent private and philanthropic 
     contributions to projects that align with the goals and 
     requirements described in section 1297;

       (vii) policies for vetting implementing partners and 
     grantees to ensure the Foundation does not provide grants to 
     for profit entities whose primary objective is activities 
     other than conservation activities; and
       (viii) clawback policies and procedures to be incorporated 
     into grant agreements to ensure compliance with the policies 
     referred to in clause (vii).
       (B) Requirements.--The Board shall ensure that the bylaws 
     of the Foundation and the activities carried out under such 
     bylaws do not--
       (i) reflect unfavorably on the ability of the Foundation to 
     carry out activities in a fair and objective manner; or
       (ii) compromise, or appear to compromise, the integrity of 
     any governmental agency or program, or any officer or 
     employee employed by, or involved in, a governmental agency 
     or program.
       (c) Foundation Staff.--Officers and employees of the 
     Foundation--
       (1) may not be employees of, or hold any office in, the 
     United States Government;
       (2) may not serve in the employ of any nongovernmental 
     organization, project, or person related to or affiliated 
     with any grantee of the Foundation while employed by the 
     Foundation;
       (3) may not receive compensation from any other source for 
     work performed in carrying out the duties of the Foundation 
     while employed by the Foundation; and
       (4) should not receive a salary at a rate that is greater 
     than the maximum rate of basic pay authorized for positions 
     at level I of the Executive Schedule under section 5312 of 
     title 5, United States Code.
       (d) Limitation and Conflicts of Interests.--

[[Page S5413]]

       (1) Political participation.--The Foundation may not--
       (A) lobby for political or policy issues; or
       (B) participate or intervene in any political campaign in 
     any country.
       (2) Financial interests.--As determined by the Board and 
     set forth in the bylaws established pursuant to subsection 
     (b)(13), and consistent with best practices, any member of 
     the Board or officer or employee of the Foundation shall be 
     prohibited from participating, directly or indirectly, in the 
     consideration or determination of any question before the 
     Foundation affecting--
       (A) the financial interests of such member of the Board, or 
     officer or employee of the Foundation, not including such 
     member's Foundation expenses and compensation; and
       (B) the interests of any corporation, partnership, entity, 
     or organization in which such member of the Board, officer, 
     or employee has any fiduciary obligation or direct or 
     indirect financial interest.
       (3) Recusals.--Any member of the Board that has a business, 
     financial, or familial interest in an organization or 
     community seeking support from the Foundation shall recuse 
     himself or herself from all deliberations, meetings, and 
     decisions concerning the consideration and decision relating 
     to such support.
       (4) Project ineligibility.--The Foundation may not provide 
     support to individuals or entities with business, financial, 
     or familial ties to--
       (A) a current member of the Board; or
       (B) a former member of the Board during the 5-year period 
     immediately following the last day of the former member's 
     term on the Board.

     SEC. 1295. CORPORATE POWERS AND OBLIGATIONS OF THE 
                   FOUNDATION.

       (a) General Authority.--
       (1) In general.--The Foundation--
       (A) may conduct business in foreign countries;
       (B) shall have its principal offices in the Washington, 
     D.C. metropolitan area; and
       (C) shall continuously maintain a designated agent in 
     Washington, D.C. who is authorized to accept notice or 
     service of process on behalf of the Foundation.
       (2) Notice and service of process.--The serving of notice 
     to, or service of process upon, the agent referred to in 
     paragraph (1)(C), or mailed to the business address of such 
     agent, shall be deemed as service upon, or notice to, the 
     Foundation.
       (3) Audits.--The Foundation shall be subject to the general 
     audit authority of the Comptroller General of the United 
     States under section 3523 of title 31, United States Code.
       (b) Authorities.--In addition to powers explicitly 
     authorized under this subtitle, the Foundation, in order to 
     carry out the purposes described in section 1293(b), shall 
     have the usual powers of a corporation headquartered in 
     Washington, D.C., including the authority--
       (1) to accept, receive, solicit, hold, administer, and use 
     any gift, devise, or bequest, either absolutely or in trust, 
     or real or personal property or any income derived from such 
     gift or property, or other interest in such gift or property 
     located in the United States;
       (2) to acquire by donation, gift, devise, purchase, or 
     exchange any real or personal property or interest in such 
     property located in the United States;
       (3) unless otherwise required by the instrument of 
     transfer, to sell, donate, lease, invest, reinvest, retain, 
     or otherwise dispose of any property or income derived from 
     such property located in the United States;
       (4) to complain and defend itself in any court of competent 
     jurisdiction (except that the members of the Board shall not 
     be personally liable, except for gross negligence);
       (5) to enter into contracts or other arrangements with 
     public agencies, private organizations, and persons and to 
     make such payments as may be necessary to carry out the 
     purposes of such contracts or arrangements; and
       (6) to award grants for eligible projects, in accordance 
     with section 1297.
       (c) Limitation of Public Liability.--The United States 
     shall not be liable for any debts, defaults, acts, or 
     omissions of the Foundation. The Federal Government shall be 
     held harmless from any damages or awards ordered by a court 
     against the Foundation.

     SEC. 1296. SAFEGUARDS AND ACCOUNTABILITY.

       (a) Safeguards.--The Foundation shall develop, and 
     incorporate into any agreement for support provided by the 
     Foundation, appropriate safeguards, policies, and guidelines, 
     consistent with United States law and best practices and 
     standards for environmental and social safeguards.
       (b) Independent Accountability Mechanism.--
       (1) In general.--The Secretary, or the Secretary's 
     designee, shall establish a transparent and independent 
     accountability mechanism, consistent with best practices, 
     which shall provide--
       (A) a compliance review function that assesses whether 
     Foundation-supported projects adhere to the requirements 
     developed pursuant to subsection (a);
       (B) a dispute resolution function for resolving and 
     remedying concerns between complainants and project 
     implementers regarding the impacts of specific Foundation-
     supported projects with respect to such standards; and
       (C) an advisory function that reports to the Board on 
     projects, policies, and practices.
       (2) Duties.--The accountability mechanism shall--
       (A) report annually to the Board and the appropriate 
     congressional committees regarding the Foundation's 
     compliance with best practices and standards in accordance 
     with paragraph (1)(A) and the nature and resolution of any 
     complaint;
       (B)(i) have permanent staff, led by an independent 
     accountability official, to conduct compliance reviews and 
     dispute resolutions and perform advisory functions; and
       (ii) maintain a roster of experts to serve such roles, to 
     the extent needed; and
       (C) hold a public comment period lasting not fewer than 60 
     days regarding the initial design of the accountability 
     mechanism.
       (c) Internal Accountability.--The Foundation shall 
     establish an ombudsman position at a senior level of 
     executive staff as a confidential, neutral source of 
     information and assistance to anyone affected by the 
     activities of the Foundation.
       (d) Annual Review.--The Secretary shall, periodically, but 
     not less frequent than annually, review assistance provided 
     by the Foundation for the purpose of implementing section 
     1293(b) to ensure consistency with the provisions under 
     section 620M of Foreign Assistance Act of 1961 (22 U.S.C. 
     2378d).

     SEC. 1297. PROJECTS AND GRANTS.

       (a) Project Funding Requirements.--
       (1) In general.--The Foundation shall--
       (A) provide grants to support eligible projects described 
     in paragraph (3) that advance its mission to enable effective 
     management of primarily protected and conserved areas and 
     their contiguous buffer zones in eligible countries;
       (B) advance effective landscape or seascape approaches to 
     conservation that include buffer zones, wildlife dispersal 
     and corridor areas, and other effective area-based 
     conservation measures; and
       (C) not purchase, own, or lease land, including 
     conservation easements, in eligible countries.
       (2) Eligible entities.--Eligible entities shall include--
       (A) not-for-profit organizations with demonstrated 
     expertise in protected and conserved area management and 
     economic development;
       (B) governments of eligible partner countries, as 
     determined by subsection (b), with the exception of 
     governments and government entities that are prohibited from 
     receiving grants from the Foundation pursuant to section 
     1298; and
       (C) Indigenous and local communities in such eligible 
     countries.
       (3) Eligible projects.--Eligible projects shall include 
     projects that--
       (A) focus on supporting--
       (i) transparent and effective long-term management of 
     primarily protected or conserved areas and their contiguous 
     buffer zones in countries described in subsection (b), 
     including terrestrial, coastal, and marine protected or 
     conserved areas, parks, community conservancies, Indigenous 
     reserves, conservation easements, and biological reserves; 
     and
       (ii) other effective area-based conservation measures;
       (B) are cost-matched at a ratio of not less than $2 from 
     sources other than the United States for every $1 made 
     available under this subtitle;
       (C) are subject to long-term binding memoranda of 
     understanding with the governments of eligible countries and 
     local communities--
       (i) to ensure that local populations have access, resource 
     management responsibilities, and the ability to pursue 
     permissible, sustainable economic activity on affected lands; 
     and
       (ii) that may be signed by governments in such eligible 
     countries to ensure free, prior, and informed consent of 
     affected communities;
       (D) incorporate a set of key performance and impact 
     indicators;
       (E) demonstrate robust local community engagement, with the 
     completion of appropriate environmental and social due 
     diligence, including--
       (i) free, prior, and informed consent of Indigenous Peoples 
     and relevant local communities;
       (ii) inclusive governance structures; and
       (iii) effective grievance mechanisms;
       (F) create economic opportunities for local communities, 
     including through--
       (i) equity and profit-sharing;
       (ii) cooperative management of natural resources;
       (iii) employment activities; and
       (iv) other related economic growth activities;
       (G) leverage stable baseline funding for the effective 
     management of the primarily protected or conserved area 
     project; and
       (H) to the extent possible--
       (i) are viable and prepared for implementation; and
       (ii) demonstrate a plan to strengthen the capacity of, and 
     transfer skills to, local institutions to manage the 
     primarily protected or conserved area before or after grant 
     funding is exhausted.
       (b) Eligible Countries.--
       (1) In general.--Pursuant to the Plan of Action required 
     under section 1293(c), and before awarding any grants or 
     entering into any project agreements for any fiscal year, the 
     Board shall conduct a review to identify eligible countries 
     in which the Foundation

[[Page S5414]]

     may fund projects. Such review shall consider countries 
     that--
       (A) are low-income, lower middle-income, or upper-middle-
     income economies (as defined by the International Bank for 
     Reconstruction and Development and the International 
     Development Association);
       (B) have--
       (i) a high degree of threatened or at-risk biological 
     diversity; or
       (ii) species or ecosystems of significant importance, 
     including threatened or endangered species or ecosystems at 
     risk of degradation or destruction;
       (C) have demonstrated a commitment to conservation through 
     verifiable actions, such as protecting lands and waters 
     through the gazettement of national parks, community 
     conservancies, marine reserves and protected areas, forest 
     reserves, or other legally recognized forms of place-based 
     conservation; and
       (D) are not ineligible to receive United States foreign 
     assistance pursuant to any other provision of law, including 
     laws identified in section 1298.
       (2) Identification of eligible countries.--Not later than 5 
     days after the date on which the Board determines which 
     countries are eligible to receive assistance under this 
     subtitle for a fiscal year, the Executive Director shall--
       (A) submit a report to the appropriate congressional 
     committees that includes--
       (i) a list of all such eligible countries, as determined 
     through the review process described in paragraph (1); and
       (ii) a detailed justification for each such eligibility 
     determination, including--

       (I) an analysis of why the eligible country would be 
     suitable for partnership;
       (II) an evaluation of the eligible partner country's 
     interest in and ability to participate meaningfully in 
     proposed Foundation activities, including an evaluation of 
     such eligible country's prospects to substantially benefit 
     from Foundation assistance;
       (III) an estimation of each such eligible partner country's 
     commitment to conservation; and
       (IV) an assessment of the capacity and willingness of the 
     eligible country to enact or implement reforms that might be 
     necessary to maximize the impact and effectiveness of 
     Foundation support; and

       (B) publish the information contained in the report 
     described in subparagraph (A) in the Federal Register.
       (c) Grantmaking.--
       (1) In general.--In order to maximize program 
     effectiveness, the Foundation shall--
       (A) coordinate with other international public and private 
     donors to the greatest extent practicable and appropriate;
       (B) seek additional financial and nonfinancial 
     contributions and commitments for its projects from 
     governments in eligible countries;
       (C) strive to generate a partnership mentality among all 
     participants, including public and private funders, host 
     governments, local protected areas authorities, and private 
     and nongovernmental organization partners;
       (D) prioritize investments in communities with low levels 
     of economic development to the greatest extent practicable 
     and appropriate; and
       (E) consider the eligible partner country's planned and 
     dedicated resources to the proposed project and the eligible 
     entity's ability to successfully implement the project.
       (2) Grant criteria.--Foundation grants--
       (A) shall fund eligible projects that enhance the 
     management of well-defined primarily protected or conserved 
     areas and the systems of such conservation areas in eligible 
     countries;
       (B) should support adequate baseline funding for eligible 
     projects in eligible countries to be sustained for not less 
     than 10 years;
       (C) should, during the grant period, demonstrate progress 
     in achieving clearly defined key performance indicators (as 
     defined in the grant agreement), which may include--
       (i) the protection of biological diversity;
       (ii) the protection of native flora and habitats, such as 
     trees, forests, wetlands, grasslands, mangroves, coral reefs, 
     and sea grass;
       (iii) community-based economic growth indicators, such as 
     improved land tenure, increases in beneficiaries 
     participating in related economic growth activities, and 
     sufficient income from conservation activities being directed 
     to communities in project areas;
       (iv) improved management of the primarily protected or 
     conserved area covered by the project, as documented through 
     the submission of strategic plans or annual reports to the 
     Foundation; and
       (v) the identification of additional revenue sources or 
     sustainable financing mechanisms to meet the recurring costs 
     of management of the primarily protected or conserved areas; 
     and
       (D) shall be terminated if the Board determines that the 
     project is not--
       (i) meeting applicable requirements under this subtitle; or
       (ii) making progress in achieving the key performance 
     indicators defined in the grant agreement.

     SEC. 1298. PROHIBITION OF SUPPORT FOR CERTAIN GOVERNMENTS.

       (a) In General.--The Foundation may not provide support for 
     any government, or any entity owned or controlled by a 
     government, if the Secretary has determined that such 
     government--
       (1) has repeatedly provided support for acts of 
     international terrorism, as determined under--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other relevant provision of law;
       (2) has been identified pursuant to section 116(a) or 
     502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151n(a) and 2304(a)(2)) or any other relevant provision of 
     law; or
       (3) has failed the ``control of corruption'' indicator, as 
     determined by the Millennium Challenge Corporation, within 
     any of the preceding 3 years of the intended grant;
       (b) Prohibition of Support for Sanctioned Persons.--The 
     Foundation may not engage in any dealing prohibited under 
     United States sanctions laws or regulations, including 
     dealings with persons on the list of specially designated 
     persons and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury, 
     except to the extent otherwise authorized by the Secretary or 
     by the Secretary of the Treasury.
       (c) Prohibition of Support for Activities Subject to 
     Sanctions.--The Foundation shall require any person receiving 
     support to certify that such person, and any entity owned or 
     controlled by such person, is in compliance with all United 
     States sanctions laws and regulations.

     SEC. 1299. ANNUAL REPORT.

       Not later than 360 days after the date of the enactment of 
     this Act, and annually thereafter while the Foundation 
     continues to operate, the Executive Director of the 
     Foundation shall submit a report to the appropriate 
     congressional committees that describes--
       (1) the goals of the Foundation;
       (2) the programs, projects, and activities supported by the 
     Foundation;
       (3) private and governmental contributions to the 
     Foundation; and
       (4) the standardized criteria utilized to determine the 
     programs and activities supported by the Foundation, 
     including baselines, targets, desired outcomes, measurable 
     goals, and extent to which those goals are being achieved for 
     each project.

     SEC. 1299A. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--In addition to amounts authorized to be 
     appropriated to carry out international conservation and 
     biodiversity programs under part I and chapter 4 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), and subject to the limitations set forth in 
     subsections (b) and (c), there is authorized to be 
     appropriated to the Foundation to carry out the purposes of 
     this subtitle--
       (1) $1,000,000 for fiscal year 2025; and
       (2) not more than $100,000,000 for each of the fiscal years 
     2026 through 2034.
       (b) Cost Matching Requirement.--Amounts appropriated 
     pursuant to subsection (a) may only be made available to 
     grantees to the extent the Foundation or such grantees secure 
     funding for an eligible project from sources other than the 
     United States Government in an amount that is not less than 
     twice the amount received in grants for such project pursuant 
     to section 1297.
       (c) Administrative Costs.--The administrative costs of the 
     Foundation shall come from sources other than the United 
     States Government.
       (d) Prohibition on Use of Grant Amounts for Lobbying 
     Expenses.--Amounts provided as a grant by the Foundation 
     pursuant to section 1297 may not be used for any activity 
     intended to influence legislation pending before the Congress 
     of the United States.
                                 ______
                                 
  SA 3102. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XV, add the following:

     SEC. 1549. CLASSIFICATION REFORM FOR TRANSPARENCY ACT OF 
                   2024.

       (a) Short Title.--This section may be cited as the 
     ``Classification Reform for Transparency Act of 2024''.
       (b) Definitions.--In this section:
       (1) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (2) Classification system.--The term ``classification 
     system'' means the system of the Federal Government for 
     classification and declassification.
       (3) Classified information.--The term ``classified 
     information'' has the meaning given the term ``classified 
     information of the United States'' in section 1924(c) of 
     title 18, United States Code.
       (4) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (5) Executive agency.--The term ``Executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.

[[Page S5415]]

       (6) Information.--The term ``information'' means any 
     knowledge that can be communicated or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the Federal Government.
       (c) Automatic Expiration of Classification Status.--
       (1)  Automatic expiration.--
       (A) In general.--Subject to paragraph (2), the 
     classification marking on any information that is more than 
     50 years old shall be considered expired, and the information 
     shall be considered unclassified.
       (B) Effective date.--Subparagraph (A) shall take effect on 
     the date that is 3 years after the date of the enactment of 
     this Act.
       (2) Authority to exempt.--The President may, as the 
     President considers appropriate, exempt specific information 
     from the requirement of paragraph (1)(A) pursuant to a 
     request received by the President pursuant to paragraph (3).
       (3) Requests for exemptions.--In extraordinary cases, the 
     head of an Executive agency may request from the President an 
     exemption to the requirement of paragraph (1)(A) for specific 
     information that reveals--
       (A) the identity of a human source or human intelligence 
     source in a case in which the source or a relative of the 
     source is alive and disclosure would present a clear danger 
     to the safety of the source or relative;
       (B) a key design concept of a weapon of mass destruction; 
     or
       (C) information that would result in critical harm to 
     ongoing or future operations.
       (4) Notification.--
       (A) Definition of appropriate committees of congress.--In 
     this paragraph, the term ``appropriate committee of 
     Congress'' means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (ii) the Committee on Oversight and Accountability and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (B) In general.--If an exemption is requested pursuant to 
     paragraph (3), the President shall, not later than 30 days 
     after the date on which the President approves or rejects the 
     requested exemption, submit to Congress, including the 
     appropriate committees of Congress, notice of such approval 
     or rejection.
       (C) Contents.--Each notice submitted pursuant to 
     subparagraph (B) for an approval or rejection shall include a 
     justification for the approval or rejection.
       (D) Form.--To the degree practicable, each notice submitted 
     pursuant to subparagraph (B) shall be submitted in 
     unclassified form.
       (d) Reforms of the Classification System.--
       (1) Declassification upon request of congress.--
       (A) In general.--Not later than 90 days after the date on 
     which the head of an Executive agency receives a request from 
     a chair, vice-chair, or ranking member of an appropriate 
     committee of Congress for declassification of specific 
     information in the possession of the Executive agency, the 
     head of the Executive agency shall--
       (i) review the information for declassification; and
       (ii) provide the member of Congress--

       (I) the declassified information or document; or
       (II) notice that, pursuant to review under clause (i), the 
     information is not being declassified, along with a 
     justification for not declassifying the information.

       (B) Complex or lengthy requests.--In a case in which the 
     head of an Executive agency receives a request as described 
     in subparagraph (A) and the head determines that such request 
     is particularly complex or lengthy, such paragraph shall be 
     applied by substituting ``180 days'' for ``90 days''.
       (2) Mandatory declassification review for matters in the 
     public interest.--The President shall require that the 
     mandatory declassification review process established 
     pursuant to Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, include--
       (A) a process by which members of the public may request 
     declassification of information in cases in which--
       (i) the information meets the standards for classification; 
     and
       (ii) the public interest in disclosure would outweigh the 
     national security harm that could reasonably be expected to 
     result from disclosure of the information; and
       (B) an expedited process for consideration of 
     declassification of information in cases in which there is 
     urgency to inform the public concerning actual or alleged 
     Federal Government activity.
       (3) Identification of harm to national security.--At the 
     time of original classification, in addition to the 
     identifications and markings required by section 1.6 of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, the original classification authority shall identify 
     in writing the specific harm to national security that could 
     reasonably be expected to result from disclosure.
       (4) Congressional authority to release information.--
     Nothing in this section shall be deemed in conflict with, or 
     to otherwise impede the authority of, Congress under clause 3 
     of section 5 of article I of the Constitution of the United 
     States to release information in its possession, and such 
     information so released shall be deemed declassified or 
     otherwise released in full.
                                 ______
                                 
  SA 3103. 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--ECONOMIC DEVELOPMENT REAUTHORIZATION ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Economic Development 
     Reauthorization Act of 2024''.

            TITLE LI--PUBLIC WORKS AND ECONOMIC DEVELOPMENT

     SEC. 5101. FINDINGS AND DECLARATIONS.

       Section 2 of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3121) is amended to read as follows:

     ``SEC. 2. FINDINGS AND DECLARATIONS.

       ``(a) Findings.--Congress finds that--
       ``(1) there continue to be areas of the United States--
       ``(A) experiencing chronic high unemployment, 
     underemployment, outmigration, and low per capita incomes; 
     and
       ``(B) facing sudden and severe economic dislocations 
     because of structural economic changes, changing trade 
     patterns, certain Federal actions (including environmental 
     requirements that result in the removal of economic 
     activities from a locality), impacts from natural disasters, 
     and transitioning industries, including energy generation, 
     steel production, and mining;
       ``(2) economic growth in the States, cities, and rural 
     areas of the United States is produced by expanding economic 
     opportunities, expanding free enterprise through trade, 
     promoting resilience in public infrastructure, creating 
     conditions for job creation, job retention, and business 
     development, and by capturing the opportunities to lead the 
     industries of the future, including advanced technologies, 
     clean energy production, and advanced manufacturing 
     technologies;
       ``(3) the goal of Federal economic development programs is 
     to raise the standard of living for all citizens and increase 
     the wealth and overall rate of growth of the economy by 
     encouraging communities to develop a more competitive and 
     diversified economic base by--
       ``(A) creating an environment that promotes economic 
     activity by improving and expanding modern public 
     infrastructure;
       ``(B) promoting job creation, retention, and workforce 
     readiness through increased innovation, productivity, and 
     entrepreneurship; and
       ``(C) empowering local and regional communities 
     experiencing chronic high unemployment, underemployment, low 
     labor force participation, and low per capita income to 
     develop private sector business and attract increased private 
     sector capital investment;
       ``(4) while economic development is an inherently local 
     process, the Federal Government should work in partnership 
     with public and private State, regional, Tribal, and local 
     organizations to maximize the impact of existing resources 
     and enable regions, communities, and citizens to participate 
     more fully in the American dream and national prosperity;
       ``(5) in order to avoid duplication of effort and achieve 
     meaningful, long-lasting results, Federal, State, Tribal, and 
     local economic development activities should have a clear 
     focus, improved coordination, a comprehensive approach, and 
     simplified and consistent requirements;
       ``(6) Federal economic development efforts will be more 
     effective if the efforts are coordinated with, and build on, 
     the trade, workforce investment, scientific research, 
     environmental protection, transportation, and technology 
     programs of the United States, including through the 
     consolidation and alignment of plans and strategies to 
     promote effective economic development;
       ``(7) rural communities face unique challenges in 
     addressing infrastructure needs, sometimes lacking the 
     necessary tax base for required upgrades, and often encounter 
     limited financing options and capacity, which can impede new 
     development and long-term economic growth; and
       ``(8) assisting communities and regions in becoming more 
     resilient to the effects of extreme weather threats and 
     events will promote economic development and job creation.
       ``(b) Declarations.--In order to promote a strong, growing, 
     resilient, competitive, and secure economy throughout the 
     United States, the opportunity to pursue, and be employed in, 
     high-quality jobs with family-sustaining wages, and to live 
     in communities that enable business creation and wealth, 
     Congress declares that--
       ``(1) assistance under this Act should be made available to 
     both rural- and urban-distressed communities;
       ``(2) local communities should work in partnership with 
     neighboring communities, States, Indian tribes, and the 
     Federal Government to increase the capacity of the local

[[Page S5416]]

     communities to develop and implement comprehensive economic 
     development strategies to alleviate economic distress and 
     enhance competitiveness in the global economy;
       ``(3) whether suffering from long-term distress or a sudden 
     dislocation, distressed communities should be encouraged to 
     support entrepreneurship to take advantage of the development 
     opportunities afforded by technological innovation and 
     expanding newly opened global markets; and
       ``(4) assistance under this Act should be made available to 
     modernize and promote recycling, promote the productive reuse 
     of abandoned industrial facilities and the redevelopment of 
     brownfields, and invest in public assets that support travel 
     and tourism and outdoor recreation.''.

     SEC. 5102. DEFINITIONS.

       (a) In General.--Section 3 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3122) is amended--
       (1) by redesignating paragraphs (1) through (12) as 
     paragraphs (3), (4), (5), (6), (7), (8), (9), (12), (13), 
     (14), (16), and (17), respectively;
       (2) by inserting before paragraph (3) (as so redesignated) 
     the following:
       ``(1) Blue economy.--The term `blue economy' means the 
     sustainable use of marine, lake, or other aquatic resources 
     in support of economic development objectives.
       ``(2) Capacity building.--The term `capacity building' 
     includes all activities associated with early stage 
     community-based project formation and conceptualization, 
     prior to project predevelopment activity, including grants to 
     local community organizations for planning participation, 
     community outreach and engagement activities, research, and 
     mentorship support to move projects from formation and 
     conceptualization to project predevelopment.'';
       (3) in paragraph (5) (as so redesignated), in subparagraph 
     (A)(i), by striking ``to the extent appropriate'' and 
     inserting ``to the extent determined appropriate by the 
     Secretary'';
       (4) in paragraph (6) (as so redesignated), in subparagraph 
     (A)--
       (A) in clause (v), by striking ``or'' at the end;
       (B) in clause (vi), by striking the period at end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(vii) an economic development organization; or
       ``(viii) a public-private partnership for public 
     infrastructure.'';
       (5) by inserting after paragraph (9) (as so redesignated) 
     the following:
       ``(10) Outdoor recreation.--The term `outdoor recreation' 
     means all recreational activities, and the economic drivers 
     of those activities, that occur in nature-based environments 
     outdoors.
       ``(11) Project predevelopment.--The term `project 
     predevelopment' means a measure required to be completed 
     before the initiation of a project, including--
       ``(A) planning and community asset mapping;
       ``(B) training;
       ``(C) technical assistance and organizational development;
       ``(D) feasibility and market studies;
       ``(E) demonstration projects; and
       ``(F) other predevelopment activities determined by the 
     Secretary to be appropriate.'';
       (6) by striking paragraph (12) (as so redesignated) and 
     inserting the following:
       ``(12) Regional commission.--The term `Regional Commission' 
     means any of the following:
       ``(A) The Appalachian Regional Commission established by 
     section 14301(a) of title 40, United States Code.
       ``(B) The Delta Regional Authority established by section 
     382B(a)(1) of the Consolidated Farm and Rural Development Act 
     (7 U.S.C. 2009aa-1(a)(1)).
       ``(C) The Denali Commission established by section 303(a) 
     of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; 
     Public Law 105-277).
       ``(D) The Great Lakes Authority established by section 
     15301(a)(4) of title 40, United States Code.
       ``(E) The Mid-Atlantic Regional Commission established by 
     section 15301(a)(5) of title 40, United States Code.
       ``(F) The Northern Border Regional Commission established 
     by section 15301(a)(3) of title 40, United States Code.
       ``(G) The Northern Great Plains Regional Authority 
     established by section 383B(a)(1) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 2009bb-1(a)(1)).
       ``(H) The Southeast Crescent Regional Commission 
     established by section 15301(a)(1) of title 40, United States 
     Code.
       ``(I) The Southern New England Regional Commission 
     established by section 15301(a)(6) of title 40, United States 
     Code.
       ``(J) The Southwest Border Regional Commission established 
     by section 15301(a)(2) of title 40, United States Code.'';
       (7) by inserting after paragraph (14) (as so redesignated) 
     the following:
       ``(15) Travel and tourism.--The term `travel and tourism' 
     means any economic activity that primarily serves to 
     encourage recreational or business travel in or to the United 
     States.''; and
       (8) in paragraph (17) (as so redesignated), by striking 
     ``established as a University Center for Economic Development 
     under section 207(a)(2)(D)'' and inserting ``established 
     under section 207(c)(1)''.
       (b) Conforming Amendment.--Section 207(a)(3) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 
     3147(a)(3)) is amended by striking ``section 3(4)(A)(vi)'' 
     and inserting ``section 3(6)(A)(vi)''.

     SEC. 5103. INCREASED COORDINATION.

       Section 103 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3133) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Meetings.--
       ``(1) In general.--To carry out subsection (a), or for any 
     other purpose relating to economic development activities, 
     the Secretary may convene meetings with Federal agencies, 
     State and local governments, economic development districts, 
     Indian tribes, and other appropriate planning and development 
     organizations.
       ``(2) Regional commissions.--
       ``(A) In general.--In addition to meetings described in 
     paragraph (1), not later than 1 year after the date of 
     enactment of the Economic Development Reauthorization Act of 
     2024, and not less frequently than every 2 years thereafter, 
     the Secretary shall convene a meeting with the Regional 
     Commissions in furtherance of subsection (a).
       ``(B) Attendees.--The attendees for a meeting convened 
     under this paragraph shall consist of--
       ``(i) the Secretary, acting through the Assistant Secretary 
     of Commerce for Economic Development, serving as Chair;
       ``(ii) the Federal Cochairpersons of the Regional 
     Commissions, or their designees; and
       ``(iii) the State Cochairpersons of the Regional 
     Commissions, or their designees.
       ``(C) Purpose.--The purposes of a meeting convened under 
     this paragraph shall include--
       ``(i) to enhance coordination between the Economic 
     Development Administration and the Regional Commissions in 
     carrying out economic development programs;
       ``(ii) to reduce duplication of efforts by the Economic 
     Development Administration and the Regional Commissions in 
     carrying out economic development programs;
       ``(iii) to develop best practices and strategies for 
     fostering regional economic development; and
       ``(iv) any other purposes as determined appropriate by the 
     Secretary.
       ``(D) Report.--Where applicable and pursuant to 
     subparagraph (C), not later than 1 year after a meeting under 
     this paragraph, the Secretary shall prepare and make publicly 
     available a report detailing, at a minimum--
       ``(i) the planned actions by the Economic Development 
     Administration and the Regional Commissions to enhance 
     coordination or reduce duplication of efforts and a timeline 
     for implementing those actions; and
       ``(ii) any best practices and strategies developed.''.

     SEC. 5104. GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT.

       (a) In General.--Section 201 of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3141) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``or for the improvement 
     of waste management and recycling systems'' after 
     ``development facility''; and
       (B) in paragraph (2), by inserting ``increasing the 
     resilience'' after ``expansion,'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``successful 
     establishment or expansion'' and inserting ``successful 
     establishment, expansion, or retention,''; and
       (B) in subparagraph (C), by inserting ``and underemployed'' 
     after ``unemployed'';
       (3) by redesignating subsection (c) as subsection (d); and
       (4) by inserting after subsection (b) the following:
       ``(c) Additional Considerations.--In awarding grants under 
     subsection (a) and subject to the criteria in subsection (b), 
     the Secretary may also consider the extent to which a project 
     would--
       ``(1) lead to economic diversification in the area, or a 
     part of the area, in which the project is or will be located;
       ``(2) address and mitigate impacts from extreme weather 
     events, including development of resilient infrastructure, 
     products, and processes;
       ``(3) benefit highly rural communities without adequate tax 
     revenues to invest in long-term or costly infrastructure;
       ``(4) increase access to high-speed broadband;
       ``(5) support outdoor recreation to spur economic 
     development, with a focus on rural communities;
       ``(6) promote job creation or retention relative to the 
     population of the impacted region with outsized significance;
       ``(7) promote travel and tourism; or
       ``(8) promote blue economy activities.''.

     SEC. 5105. GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE 
                   EXPENSES.

       Section 203 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3143) is amended--
       (1) by redesignating subsection (d) as subsection (e);
       (2) by inserting after subsection (c) the following:
       ``(d) Administrative Expenses.--Administrative expenses 
     that may be paid with a grant under this section include--
       ``(1) expenses related to carrying out the planning process 
     described in subsection (b);
       ``(2) expenses related to project predevelopment;

[[Page S5417]]

       ``(3) expenses related to updating economic development 
     plans to align with other applicable State, regional, or 
     local planning efforts; and
       ``(4) expenses related to hiring professional staff to 
     assist communities in--
       ``(A) project predevelopment and implementing projects and 
     priorities included in--
       ``(i) a comprehensive economic development strategy; or
       ``(ii) an economic development planning grant;
       ``(B) identifying and using other Federal, State, and 
     Tribal economic development programs;
       ``(C) leveraging private and philanthropic investment;
       ``(D) preparing disaster coordination and preparation 
     plans; and
       ``(E) carrying out economic development and predevelopment 
     activities in accordance with professional economic 
     development best practices.''; and
       (3) in subsection (e) (as so redesignated), in paragraph 
     (4)--
       (A) in subparagraph (E), by striking ``; and'' and 
     inserting ``(including broadband);'';
       (B) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (E) the following:
       ``(F) address and mitigate impacts of extreme weather; 
     and''.

     SEC. 5106. COST SHARING.

       (a) In General.--Section 204 of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3144) is 
     amended--
       (1) in subsection (a)(1), by striking ``50'' and inserting 
     ``60'';
       (2) in subsection (b)--
       (A) by striking ``In determining'' and inserting the 
     following:
       ``(1) In general.--In determining''; and
       (B) by adding at the end the following:
       ``(2) Regional commission funds.--Notwithstanding any other 
     provision of law, any funds contributed by a Regional 
     Commission for a project under this title may be considered 
     to be part of the non-Federal share of the costs of the 
     project.''; and
       (3) in subsection (c)--
       (A) in paragraph (2), by inserting ``or can otherwise 
     document that no local matching funds are reasonably 
     obtainable'' after ``or political subdivision'';
       (B) in paragraph (3)--
       (i) by striking ``section 207'' and inserting ``section 203 
     or 207''; and
       (ii) by striking ``project if'' and all that follows 
     through the period at the end and inserting ``project.''; and
       (C) by adding at the end the following:
       ``(4) Disaster assistance.--In the case of a grant provided 
     under section 209 for a project for economic recovery in 
     response to a major disaster or emergency declared under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.), the Secretary may increase the 
     Federal share under paragraph (1) up to 100 percent of the 
     total cost of the project.
       ``(5) Small communities.--In the case of a grant to a 
     political subdivision of a State (as described in section 
     3(6)(A)(iv)) that has a population of fewer than 10,000 
     residents and meets 1 or more of the eligibility criteria 
     described in section 301(a), the Secretary may increase the 
     Federal share under paragraph (1) up to 100 percent of the 
     total cost of the project.''.
       (b) Conforming Amendment.--Section 703 of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3233) is 
     amended--
       (1) by striking subsection (b); and
       (2) by striking the section designation and heading and all 
     that follows through ``In addition'' in subsection (a) and 
     inserting the following:

     ``SEC. 703. AUTHORIZATION OF APPROPRIATIONS FOR DISASTER 
                   ECONOMIC RECOVERY ACTIVITIES.

       ``In addition''.

     SEC. 5107. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS.

       Section 206 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3146) is amended--
       (1) in paragraph (1), by striking subparagraph (B) and 
     inserting the following:
       ``(B) the per capita income levels, the labor force 
     participation rate, and the extent of underemployment in 
     eligible areas; and''; and
       (2) in paragraph (4), by inserting ``and retention'' after 
     ``creation''.

     SEC. 5108. RESEARCH AND TECHNICAL ASSISTANCE; UNIVERSITY 
                   CENTERS.

       Section 207 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3147) is amended--
       (1) in subsection (a)(2)(A), by inserting ``, project 
     predevelopment,'' after ``planning''; and
       (2) by adding at the end the following:
       ``(c) University Centers.--
       ``(1) Establishment.--In accordance with subsection 
     (a)(2)(D), the Secretary may make grants to institutions of 
     higher education to serve as university centers.
       ``(2) Geographic coverage.--The Secretary shall ensure that 
     the network of university centers established under this 
     subsection provides services in each State.
       ``(3) Duties.--To the maximum extent practicable, a 
     university center established under this subsection shall--
       ``(A) collaborate with other university centers;
       ``(B) collaborate with economic development districts and 
     other relevant Federal economic development technical 
     assistance and service providers to provide expertise and 
     technical assistance to develop, implement, and support 
     comprehensive economic development strategies and other 
     economic development planning at the local, regional, and 
     State levels, with a focus on innovation, entrepreneurship, 
     workforce development, and regional economic development;
       ``(C) provide technical assistance, business development, 
     and technology transfer services to businesses in the area 
     served by the university center;
       ``(D) establish partnerships with 1 or more 
     commercialization intermediaries that are public or nonprofit 
     technology transfer organizations eligible to receive a grant 
     under section 602 of the American Innovation and 
     Competitiveness Act (42 U.S.C. 1862s-9);
       ``(E) promote local and regional capacity building; and
       ``(F) provide to communities and regions assistance 
     relating to data collection and analysis and other research 
     relating to economic conditions and vulnerabilities that can 
     inform economic development and adjustment strategies.
       ``(4) Consideration.--In making grants under this 
     subsection, the Secretary shall consider the significant role 
     of regional public universities in supporting economic 
     development in distressed communities through the planning 
     and the implementation of economic development projects and 
     initiatives.''.

     SEC. 5109. INVESTMENT PRIORITIES.

       Title II of the Public Works and Economic Development Act 
     of 1965 is amended by inserting after section 207 (42 U.S.C. 
     3147) the following:

     ``SEC. 208. INVESTMENT PRIORITIES.

       ``(a) In General.--Subject to subsection (b), for a project 
     to be eligible for assistance under this title, the project 
     shall be consistent with 1 or more of the following 
     investment priorities:
       ``(1) Critical infrastructure.--Economic development 
     planning or implementation projects that support development 
     of public facilities, including basic public infrastructure, 
     transportation infrastructure, or telecommunications 
     infrastructure.
       ``(2) Workforce.--Economic development planning or 
     implementation projects that--
       ``(A) support job skills training to meet the hiring needs 
     of the area in which the project is to be carried out and 
     that result in well-paying jobs; or
       ``(B) otherwise promote labor force participation.
       ``(3) Innovation and entrepreneurship.--Economic 
     development planning or implementation projects that--
       ``(A) support the development of innovation and 
     entrepreneurship-related infrastructure;
       ``(B) promote business development and lending; or
       ``(C) foster the commercialization of new technologies that 
     are creating technology-driven businesses and high-skilled, 
     well-paying jobs of the future.
       ``(4) Economic recovery resilience.--Economic development 
     planning or implementation projects that enhance the ability 
     of an area to withstand and recover from adverse short-term 
     or long-term changes in economic conditions, including 
     effects from industry contractions or impacts from natural 
     disasters.
       ``(5) Manufacturing.--Economic development planning or 
     implementation projects that encourage job creation, business 
     expansion, technology and capital upgrades, and productivity 
     growth in manufacturing, including efforts that contribute to 
     the competitiveness and growth of domestic suppliers or the 
     domestic production of innovative, high-value products and 
     production technologies.
       ``(b) Conditions.--If the Secretary plans to use an 
     investment priority that is not described in subsection (a), 
     the Secretary shall submit to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a written notification that explains the 
     basis for using that investment priority.
       ``(c) Savings Clause.--Nothing in this section waives any 
     other requirement of this Act.''.

     SEC. 5110. GRANTS FOR ECONOMIC ADJUSTMENT.

       Section 209 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3149) is amended--
       (1) in subsection (c)--
       (A) in paragraph (4), by striking ``or'' at the end;
       (B) in paragraph (5)--
       (i) by inserting ``, travel and tourism, natural resource-
     based, blue economy, or agricultural'' after 
     ``manufacturing''; and
       (ii) by striking the period at the end and inserting ``; 
     or''; and
       (C) by adding at the end the following:
       ``(6) economic dislocation in the steel industry due to the 
     closure of a steel plant, primary steel economy contraction 
     events (including temporary layoffs and shifts to part-time 
     work), or job losses in the steel industry or associated with 
     the departure or contraction of the steel industry, for help 
     in economic restructuring of the communities.'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively; and
       (3) by inserting after section (c) the following:
       ``(d) Assistance to Coal Communities.--
       ``(1) Definitions.--In this subsection:
       ``(A) Coal economy.--The term `coal economy' means the 
     complete supply chain of coal-reliant industries, including--

[[Page S5418]]

       ``(i) coal mining;
       ``(ii) coal-fired power plants;
       ``(iii) transportation or logistics; and
       ``(iv) manufacturing.
       ``(B) Contraction event.--The term `contraction event' 
     means the closure of a facility or a reduction in activity 
     relating to a coal-reliant industry, including an industry 
     described in any of clauses (i) through (iv) of subparagraph 
     (A).
       ``(2) Authorization.--On the application of an eligible 
     recipient, the Secretary may make grants for projects in 
     areas adversely impacted by a contraction event in the coal 
     economy.
       ``(3) Eligibility.--
       ``(A) In general.--In carrying out this subsection, the 
     Secretary shall determine the eligibility of an area based on 
     whether the eligible recipient can reasonably demonstrate 
     that the area--
       ``(i) has been adversely impacted by a contraction event in 
     the coal economy within the previous 25 years; or
       ``(ii) will be adversely impacted by a contraction event in 
     the coal economy.
       ``(B) Prohibition.--No regulation or other policy of the 
     Secretary may limit the eligibility of an eligible recipient 
     for a grant under this subsection based on the date of a 
     contraction event except as provided in subparagraph (A)(i).
       ``(C) Demonstrating adverse impact.--For the purposes of 
     this paragraph, an eligible recipient may demonstrate an 
     adverse impact by demonstrating--
       ``(i) a loss in employment;
       ``(ii) a reduction in tax revenue; or
       ``(iii) any other factor, as determined to be appropriate 
     by the Secretary.
       ``(e) Assistance to Nuclear Host Communities.--
       ``(1) Definitions.--In this subsection:
       ``(A) Commission.--The term `Commission' means the Nuclear 
     Regulatory Commission.
       ``(B) Community advisory board.--The term `community 
     advisory board' means a community committee or other advisory 
     organization that aims to foster communication and 
     information exchange between a licensee planning for and 
     involved in decommissioning activities and members of the 
     community that decommissioning activities may affect.
       ``(C) Decommission.--The term `decommission' has the 
     meaning given the term in section 50.2 of title 10, Code of 
     Federal Regulations (or successor regulations).
       ``(D) Licensee.--The term `licensee' has the meaning given 
     the term in section 50.2 of title 10, Code of Federal 
     Regulations (or successor regulations).
       ``(E) Nuclear host community.--The term `nuclear host 
     community' means an eligible recipient that has been 
     impacted, or reasonably demonstrates to the satisfaction of 
     the Secretary that it will be impacted, by a nuclear power 
     plant licensed by the Commission that--
       ``(i) is not co-located with an operating nuclear power 
     plant;
       ``(ii) is at a site with spent nuclear fuel; and
       ``(iii) as of the date of enactment of the Economic 
     Development Reauthorization Act of 2024--

       ``(I) has ceased operations; or
       ``(II) has provided a written notification to the 
     Commission that it will cease operations.

       ``(2) Authorization.--On the application of an eligible 
     recipient, the Secretary may make grants--
       ``(A) to assist with economic development in nuclear host 
     communities; and
       ``(B) to fund community advisory boards in nuclear host 
     communities.
       ``(3) Requirement.--In carrying out this subsection, to the 
     maximum extent practicable, the Secretary shall implement the 
     recommendations described in the report submitted to Congress 
     under section 108 of the Nuclear Energy Innovation and 
     Modernization Act (Public Law 115-439; 132 Stat. 5577) 
     entitled `Best Practices for Establishment and Operation of 
     Local Community Advisory Boards Associated with 
     Decommissioning Activities at Nuclear Power Plants'.
       ``(4) Distribution of funds.--The Secretary shall establish 
     a methodology to ensure, to the maximum extent practicable, 
     geographic diversity among grant recipients under this 
     subsection.''.

     SEC. 5111. RENEWABLE ENERGY PROGRAM.

       Section 218 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3154d) is amended--
       (1) in the section heading, by striking ``brightfields 
     demonstration'' and inserting ``renewable energy'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Definition of Renewable Energy Site.--In this 
     section, the term `renewable energy site' means a brownfield 
     site that is redeveloped through the incorporation of 1 or 
     more renewable energy technologies, including solar, wind, 
     geothermal, ocean, and emerging, but proven, renewable energy 
     technologies.'';
       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Demonstration 
     Program'' and inserting ``Establishment'';
       (B) in the matter preceding paragraph (1), by striking 
     ``brightfield'' and inserting ``renewable energy''; and
       (C) in paragraph (1), by striking ``solar energy 
     technologies'' and inserting ``renewable energy technologies 
     described in subsection (a),''; and
       (4) by striking subsection (d).

     SEC. 5112. WORKFORCE TRAINING GRANTS.

       Title II of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 219. WORKFORCE TRAINING GRANTS.

       ``(a) In General.--On the application of an eligible 
     recipient, the Secretary may make grants to support the 
     development and expansion of innovative workforce training 
     programs through sectoral partnerships leading to quality 
     jobs and the acquisition of equipment or construction of 
     facilities to support workforce development activities.
       ``(b) Eligible Uses.--Funds from a grant under this section 
     may be used for--
       ``(1) acquisition or development of land and improvements 
     to house workforce training activities;
       ``(2) acquisition, design and engineering, construction, 
     rehabilitation, alteration, expansion, or improvement of such 
     a facility, including related equipment and machinery;
       ``(3) acquisition of machinery or equipment to support 
     workforce training activities;
       ``(4) planning, technical assistance, and training;
       ``(5) sector partnerships development, program design, and 
     program implementation; and
       ``(6) in the case of an eligible recipient that is a State, 
     subject to subsection (c), a State program to award career 
     scholarships to train individuals for employment in critical 
     industries with high demand and vacancies necessary for 
     further economic development of the applicable State that--
       ``(A) requires significant post-secondary training; but
       ``(B) does not require a post-secondary degree.
       ``(c) Career Scholarships State Grant Program.--
       ``(1) In general.--The Secretary may award grants to States 
     for the purpose described in subsection (b)(6).
       ``(2) Application.--To be eligible to receive a grant under 
     this subsection, the Chief Executive of a State shall submit 
     to the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary may require, 
     which shall include, at a minimum, the following:
       ``(A) A method for identifying critical industry sectors 
     driving in-State economic growth that face staffing 
     challenges for in-demand jobs and careers.
       ``(B) A governance structure for the implementation of the 
     program established by the State, including defined roles for 
     the consortia of agencies of such State, at a minimum, to 
     include the State departments of economic development, labor, 
     and education, or the State departments or agencies with 
     jurisdiction over those matters.
       ``(C) A strategy for recruiting participants from at least 
     1 community that meets 1 or more of the criteria described in 
     section 301(a).
       ``(D) A plan for how the State will develop a tracking 
     system for eligible programs, participant enrollment, 
     participant outcomes, and an application portal for 
     individual participants.
       ``(3) Selection.--The Secretary shall award not more than 1 
     grant under this subsection to any State.
       ``(4) Eligible uses.--A grant under this subsection may be 
     used for--
       ``(A) necessary costs to carry out the matters described in 
     this subsection, including tuition and stipends for 
     individuals that receive a career scholarship grant, subject 
     to the requirements described in paragraph (6); and
       ``(B) program implementation, planning, technical 
     assistance, or training.
       ``(5) Federal share.--Notwithstanding section 204, the 
     Federal share of the cost of any award carried out with a 
     grant made under this subsection shall not exceed 70 percent.
       ``(6) Participant amounts.--A State shall ensure that grant 
     funds provided under this subsection to each individual that 
     receives a career scholarship grant under the program 
     established by the applicable State is the lesser of the 
     following amounts:
       ``(A) In a case in which the individual is also eligible 
     for a Federal Pell Grant under section 401 of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a) for enrollment at the 
     applicable training program for any award year of the 
     training program, $11,000 minus the amount of the awarded 
     Federal Pell Grant.
       ``(B) For an individual not described in paragraph (1), the 
     lesser of--
       ``(i) $11,000; and
       ``(ii) the total cost of the training program in which the 
     individual is enrolled, including tuition, fees, career 
     navigation services, textbook costs, expenses related to 
     assessments and exams for certification or licensure, 
     equipment costs, and wage stipends (in the case of a training 
     program that is an earn-and-learn program).
       ``(d) Coordination.--The Secretary shall coordinate the 
     development of new workforce development models with the 
     Secretary of Labor and the Secretary of Education.''.

     SEC. 5113. CONGRESSIONAL NOTIFICATION REQUIREMENTS.

       Title II of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 5112) 
     is amended by adding at the end the following:

[[Page S5419]]

  


     ``SEC. 220. CONGRESSIONAL NOTIFICATION REQUIREMENTS.

       ``(a) In General.--In the case of a project described in 
     subsection (b), the Secretary shall provide to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives notice, in accordance with subsection (c), 
     of the award of a grant for the project not less than 3 
     business days before notifying an eligible recipient of their 
     selection for that award.
       ``(b) Projects Described.--A project referred to in 
     subsection (a) is a project that the Secretary has selected 
     to receive a grant administered by the Economic Development 
     Administration in an amount not less than $100,000.
       ``(c) Requirements.--A notification under subsection (a) 
     shall include--
       ``(1) the name of the project;
       ``(2) the name of the applicant;
       ``(3) the region in which the project is to be carried out;
       ``(4) the State in which the project is to be carried out;
       ``(5) the amount of the grant awarded;
       ``(6) a description of the project; and
       ``(7) any additional information, as determined to be 
     appropriate by the Secretary.
       ``(d) Public Availability.--The Secretary shall make a 
     notification under subsection (a) publicly available not 
     later than 60 days after the date on which the Secretary 
     provides the notice.''.

     SEC. 5114. SPECIFIC FLEXIBILITIES RELATED TO DEPLOYMENT OF 
                   HIGH-SPEED BROADBAND.

       Title II of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 5113) 
     is amended by adding at the end the following:

     ``SEC. 221. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.

       ``(a) Definitions.--In this section:
       ``(1) Broadband project.--The term `broadband project' 
     means, for the purposes of providing, extending, expanding, 
     or improving high-speed broadband service to further the 
     goals of this Act--
       ``(A) planning, technical assistance, or training;
       ``(B) the acquisition or development of land; or
       ``(C) the acquisition, design and engineering, 
     construction, rehabilitation, alteration, expansion, or 
     improvement of facilities, including related machinery, 
     equipment, contractual rights, and intangible property.
       ``(2) Eligible recipient.--The term `eligible recipient' 
     includes--
       ``(A) a public-private partnership; and
       ``(B) a consortium formed for the purpose of providing, 
     extending, expanding, or improving high-speed broadband 
     service between 1 or more eligible recipients and 1 or more 
     for-profit organizations.
       ``(3) High-speed broadband.--The term `high-speed 
     broadband' means the provision of 2-way data transmission 
     with sufficient downstream and upstream speeds to end users 
     to permit effective participation in the economy and to 
     support economic growth, as determined by the Secretary.
       ``(b) Broadband Projects.--
       ``(1) In general.--On the application of an eligible 
     recipient, the Secretary may make grants under this title for 
     broadband projects, which shall be subject to the provisions 
     of this section.
       ``(2) Considerations.--In reviewing applications submitted 
     under paragraph (1), the Secretary shall take into 
     consideration geographic diversity of grants provided, 
     including consideration of underserved markets, in addition 
     to data requested in paragraph (3).
       ``(3) Data requested.--In reviewing an application 
     submitted under paragraph (1), the Secretary shall request 
     from the Federal Communications Commission, the Administrator 
     of the National Telecommunications and Information 
     Administration, the Secretary of Agriculture, and the 
     Appalachian Regional Commission data on--
       ``(A) the level and extent of broadband service that exists 
     in the area proposed to be served; and
       ``(B) the level and extent of broadband service that will 
     be deployed in the area proposed to be served pursuant to 
     another Federal program.
       ``(4) Interest in real or personal property.--For any 
     broadband project carried out by an eligible recipient that 
     is a public-private partnership or consortium, the Secretary 
     shall require that title to any real or personal property 
     acquired or improved with grant funds, or if the recipient 
     will not acquire title, another possessory interest 
     acceptable to the Secretary, be vested in a public partner or 
     eligible nonprofit organization or association for the useful 
     life of the project, after which title may be transferred to 
     any member of the public-private partnership or consortium in 
     accordance with regulations promulgated by the Secretary.
       ``(5) Procurement.--Notwithstanding any other provision of 
     law, no person or entity shall be disqualified from competing 
     to provide goods or services related to a broadband project 
     on the basis that the person or entity participated in the 
     development of the broadband project or in the drafting of 
     specifications, requirements, statements of work, or similar 
     documents related to the goods or services to be provided.
       ``(6) Broadband project property.--
       ``(A) In general.--The Secretary may permit a recipient of 
     a grant for a broadband project to grant an option to acquire 
     real or personal property (including contractual rights and 
     intangible property) related to that project to a third party 
     on such terms as the Secretary determines to be appropriate, 
     subject to the condition that the option may only be 
     exercised after the Secretary releases the Federal interest 
     in the property.
       ``(B) Treatment.--The grant or exercise of an option 
     described in subparagraph (A) shall not constitute a 
     redistribution of grant funds under section 217.
       ``(c) Non-Federal Share.--In determining the amount of the 
     non-Federal share of the cost of a broadband project, the 
     Secretary may provide credit toward the non-Federal share for 
     the present value of allowable contributions over the useful 
     life of the broadband project, subject to the condition that 
     the Secretary may require such assurances of the value of the 
     rights and of the commitment of the rights as the Secretary 
     determines to be appropriate.''.

     SEC. 5115. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT GRANT 
                   PROGRAM.

       Title II of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 5114) 
     is amended by adding at the end the following:

     ``SEC. 222. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT GRANT 
                   PROGRAM.

       ``(a) In General.--On the application of an eligible 
     recipient, the Secretary may make grants under the `Critical 
     Supply Chain Site Development grant program' (referred to in 
     this section as the `grant program') to carry out site 
     development or expansion projects for the purpose of making 
     the site ready for manufacturing projects.
       ``(b) Considerations.--In providing a grant to an eligible 
     recipient under the grant program, the Secretary may consider 
     whether--
       ``(1) the proposed improvements to the site will improve 
     economic conditions for rural areas, Tribal communities, or 
     areas that meet 1 or more of the criteria described in 
     section 301(a);
       ``(2) the project is consistent with regional economic 
     development plans, which may include a comprehensive economic 
     development strategy;
       ``(3) the eligible recipient has initiatives to prioritize 
     job training and workforce development; and
       ``(4) the project supports industries determined by the 
     Secretary to be of strategic importance to the national or 
     economic security of the United States.
       ``(c) Priority.--In awarding grants to eligible recipients 
     under the grant program, the Secretary shall give priority to 
     eligible recipients that propose to carry out a project 
     that--
       ``(1) has State, local, private, or nonprofit funds being 
     contributed to assist with site development efforts; and
       ``(2) if the site development or expansion project is 
     carried out, will result in a demonstrated interest in the 
     site by commercial entities or other entities.
       ``(d) Use of Funds.--A grant provided under the grant 
     program may be used for the following activities relating to 
     the development or expansion of a site:
       ``(1) Investments in site utility readiness, including--
       ``(A) construction of on-site utility infrastructure;
       ``(B) construction of last-mile infrastructure, including 
     road infrastructure, water infrastructure, power 
     infrastructure, broadband infrastructure, and other physical 
     last-mile infrastructure;
       ``(C) site grading; and
       ``(D) other activities to extend public utilities or 
     services to a site, as determined appropriate by the 
     Secretary.
       ``(2) Investments in site readiness, including--
       ``(A) land assembly;
       ``(B) environmental reviews;
       ``(C) zoning;
       ``(D) design;
       ``(E) engineering; and
       ``(F) permitting.
       ``(3) Investments in workforce development and 
     sustainability programs, including job training and 
     retraining programs.
       ``(4) Investments to ensure that disadvantaged communities 
     have access to on-site jobs.
       ``(e) Prohibition.--In awarding grants under the grant 
     program, the Secretary shall not require an eligible 
     recipient to demonstrate that a private company or investment 
     has selected the site for development or expansion.''.

     SEC. 5116. UPDATED DISTRESS CRITERIA AND GRANT RATES.

       Section 301(a) of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3161(a)) is amended by striking 
     paragraph (3) and inserting the following:
       ``(3) Unemployment, underemployment, or economic adjustment 
     problems.--The area is an area that the Secretary determines 
     has experienced or is about to experience a special need 
     arising from actual or threatened severe unemployment, 
     underemployment, or economic adjustment problems resulting 
     from severe short-term or long-term changes in economic 
     conditions.
       ``(4) Low median household income.--The area has a median 
     household income of 80 percent or less of the national 
     average.
       ``(5) Workforce participation.--The area has--
       ``(A) a labor force participation rate of 90 percent or 
     less of the national average; or
       ``(B) a prime-age employment gap of 5 percent or more.

[[Page S5420]]

       ``(6) Expected economic dislocation and distress from 
     energy industry transitions.--The area is an area that is 
     expected to experience actual or threatened severe 
     unemployment or economic adjustment problems resulting from 
     severe short-term or long-term changes in economic conditions 
     from energy industries that are experiencing accelerated 
     contraction.''.

     SEC. 5117. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.

       Section 302 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3162) is amended--
       (1) in subsection (a)(3)(A), by inserting ``including to 
     mitigate and adapt to extreme weather,'' after ``enhances and 
     protects the environment,''; and
       (2) by adding at the end the following:
       ``(d) Exception.--This section shall not apply to grants 
     awarded under section 207 or grants awarded under section 
     209(c)(2) that are regional in scope.''.

     SEC. 5118. OFFICE OF TRIBAL ECONOMIC DEVELOPMENT.

       Title V of the Public Works and Economic Development Act of 
     1965 (42 U.S.C. 3191 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 508. OFFICE OF TRIBAL ECONOMIC DEVELOPMENT.

       ``(a) Establishment.--There is established within the 
     Economic Development Administration an Office of Tribal 
     Economic Development (referred to in this section as the 
     `Office').
       ``(b) Purposes.--The purposes of the Office shall be--
       ``(1) to coordinate all Tribal economic development 
     activities carried out by the Secretary;
       ``(2) to help Tribal communities access economic 
     development assistance programs, including the assistance 
     provided under this Act;
       ``(3) to coordinate Tribal economic development strategies 
     and efforts with other Federal agencies; and
       ``(4) to be a participant in any negotiated rulemakings or 
     consultations relating to, or having an impact on, projects, 
     programs, or funding that benefit Tribal communities.
       ``(c) Tribal Economic Development Strategy.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Economic Development Reauthorization Act of 
     2024, the Office shall initiate a Tribal consultation process 
     to develop, and not less frequently than every 3 years 
     thereafter, update, a strategic plan for Tribal economic 
     development for the Economic Development Administration.
       ``(2) Submission to congress.--Not later than 1 year after 
     the date of enactment of the Economic Development 
     Reauthorization Act of 2024 and not less frequently than 
     every 3 years thereafter, the Office shall submit to Congress 
     the strategic plan for Tribal economic development developed 
     under paragraph (1).
       ``(d) Outreach.--The Secretary shall establish a publicly 
     facing website to help provide a comprehensive, single source 
     of information for Indian tribes, Tribal leaders, Tribal 
     businesses, and citizens in Tribal communities to better 
     understand and access programs that support economic 
     development in Tribal communities, including the economic 
     development programs administered by Federal agencies or 
     departments other than the Department.
       ``(e) Dedicated Staff.--The Secretary shall ensure that the 
     Office has sufficient staff to carry out all outreach 
     activities under this section.''.

     SEC. 5119. OFFICE OF DISASTER RECOVERY AND RESILIENCE.

       Title V of the Public Works and Economic Development Act of 
     1965 (42 U.S.C. 3191 et seq.) (as amended by section 5118) is 
     amended by adding at the end the following:

     ``SEC. 509. OFFICE OF DISASTER RECOVERY AND RESILIENCE.

       ``(a) Establishment.--The Secretary shall establish an 
     Office of Disaster Recovery and Resilience--
       ``(1) to direct and implement the post-disaster economic 
     recovery responsibilities of the Economic Development 
     Administration pursuant to subsections (c)(2) and (e) of 
     section 209 and section 703;
       ``(2) to direct and implement economic recovery and 
     enhanced resilience support function activities as directed 
     under the National Disaster Recovery Framework; and
       ``(3) support long-term economic recovery in communities in 
     which a major disaster or emergency has been declared under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), or otherwise 
     impacted by an event of national significance, as determined 
     by the Secretary, through--
       ``(A) convening and deploying an economic development 
     assessment team;
       ``(B) hosting or attending convenings related to 
     identification of additional Federal, State, local, and 
     philanthropic entities and resources;
       ``(C) exploring potential flexibilities related to existing 
     awards;
       ``(D) provision of technical assistance through staff or 
     contractual resources; and
       ``(E) other activities determined by the Secretary to be 
     appropriate.
       ``(b) Appointment and Compensation Authorities.--
       ``(1) Appointment.--The Secretary is authorized to appoint 
     such temporary personnel as may be necessary to carry out the 
     responsibilities of the Office of Disaster Recovery and 
     Resilience, without regard to the provisions of subchapter I 
     of chapter 33 of title 5, United States Code, governing 
     appointments in the competitive service and compensation of 
     personnel.
       ``(2) Conversion of employees.--Notwithstanding chapter 33 
     of title 5, United States Code, or any other provision of law 
     relating to the examination, certification, and appointment 
     of individuals in the competitive service, the Secretary is 
     authorized to convert a temporary employee appointed under 
     this subsection to a permanent appointment in the competitive 
     service in the Economic Development Administration under 
     merit promotion procedures if--
       ``(A) the employee has served continuously for at least 2 
     years under 1 or more appointments under this subsection; and
       ``(B) the employee's performance has been at an acceptable 
     level of performance throughout the period or periods 
     referred to in subparagraph (A).
       ``(3) Compensation.--An individual converted under this 
     subsection shall become a career-conditional employee, unless 
     the employee has already completed the service requirements 
     for career tenure.
       ``(c) Disaster Team.--
       ``(1) Establishment.--As soon as practicable after the date 
     of enactment of this section, the Secretary shall establish a 
     disaster team (referred to in this section as the `disaster 
     team') for the deployment of individuals to carry out 
     responsibilities of the Office of Disaster Recovery and 
     Resilience after a major disaster or emergency has been 
     declared under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) and the 
     Department has been activated by the Federal Emergency 
     Management Agency.
       ``(2) Membership.--
       ``(A) Designation of staff.--As soon as practicable after 
     the date of enactment of this section, the Secretary shall 
     designate to serve on the disaster team--
       ``(i) employees of the Office of Disaster Recovery and 
     Resilience;
       ``(ii) employees of the Department who are not employees of 
     the Economic Development Administration; and
       ``(iii) in consultation with the heads of other Federal 
     agencies, employees of those agencies, as appropriate.
       ``(B) Capabilities.--In designating individuals under 
     subparagraph (A), the Secretary shall ensure that the 
     disaster team includes a sufficient quantity of--
       ``(i) individuals who are capable of deploying rapidly and 
     efficiently to respond to major disasters and emergencies; 
     and
       ``(ii) highly trained full-time employees who will lead and 
     manage the disaster team.
       ``(3) Training.--The Secretary shall ensure that 
     appropriate and ongoing training is provided to members of 
     the disaster team to ensure that the members are adequately 
     trained regarding the programs and policies of the Economic 
     Development Administration relating to post-disaster economic 
     recovery efforts.
       ``(4) Expenses.--In carrying out this section, the 
     Secretary may--
       ``(A) use, with or without reimbursement, any service, 
     equipment, personnel, or facility of any Federal agency with 
     the explicit support of that agency, to the extent such use 
     does not impair or conflict with the authority of the 
     President or the Administrator of the Federal Emergency 
     Management Agency under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     to direct Federal agencies in any major disaster or emergency 
     declared under that Act; and
       ``(B) provide members of the disaster team with travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for an employee of an agency under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     the home or regular place of business of the member in the 
     performance of services for, or relating to, the disaster 
     team.''.

     SEC. 5120. ESTABLISHMENT OF TECHNICAL ASSISTANCE LIAISONS.

       Title V of the Public Works and Economic Development Act of 
     1965 (42 U.S.C. 3191 et seq.) (as amended by section 5119) is 
     amended by adding at the end the following:

     ``SEC. 510. TECHNICAL ASSISTANCE LIAISONS.

       ``(a) In General.--A Regional Director of a regional office 
     of the Economic Development Administration may designate a 
     staff member to act as a `Technical Assistance Liaison' for 
     any State served by the regional office.
       ``(b) Role.--A Technical Assistance Liaison shall--
       ``(1) work in coordination with an Economic Development 
     Representative to provide technical assistance, in addition 
     to technical assistance under section 207, to eligible 
     recipients that are underresourced communities, as determined 
     by the Technical Assistance Liaison, that submit applications 
     for assistance under title II; and
       ``(2) at the request of an eligible recipient that 
     submitted an application for assistance under title II, 
     provide technical feedback on unsuccessful grant 
     applications.
       ``(c) Technical Assistance.--The Secretary may enter into a 
     contract or cooperative agreement with an eligible recipient 
     for the purpose of providing technical assistance to eligible 
     recipients that are underresourced communities that have 
     submitted or may submit an application for assistance under 
     this Act.''.

[[Page S5421]]

  


     SEC. 5121. ANNUAL REPORT TO CONGRESS.

       Section 603(b) of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3213(b)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``areas'' after 
     ``rural''; and
       (B) in subparagraph (B), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4)(A) include a list of all of the grants provided by 
     the Economic Development Administration for projects located 
     in, or that primarily benefit, rural areas;
       ``(B) an explanation of the process used to determine how 
     each project referred to in subparagraph (A) would benefit a 
     rural area; and
       ``(C) a certification that each project referred to in 
     subparagraph (A)--
       ``(i) is located in a rural area; or
       ``(ii) will primarily benefit a rural area.''.

     SEC. 5122. ECONOMIC DEVELOPMENT REPRESENTATIVES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Economic Development Administration should continue to 
     promote access to economic development assistance programs of 
     that agency through the use of Economic Development 
     Representatives in underresourced communities, particularly 
     coal communities.
       (b) Economic Development Representatives.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary of Commerce shall maintain, or restore, as 
     necessary, State-level Economic Development Representative 
     positions occupied as of October 1, 2023.
       (2) Continuation.--For each State in which there is an 
     Economic Development Representative position as of October 1, 
     2023, the Secretary of Commerce shall ensure that--
       (A) that State continues to have that coverage from an 
     Economic Development Representative who is located within 
     that State; and
       (B) the Economic Development Representative position 
     located within that State is dedicated solely to addressing 
     the economic needs of that State.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Commerce 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 
     implementation of this section by the Economic Development 
     Administration.

     SEC. 5123. MODERNIZATION OF ENVIRONMENTAL REVIEWS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Commerce (referred to 
     in this section as the ``Secretary'') shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the efforts of the 
     Secretary to facilitate efficient, timely, and predictable 
     environmental reviews of projects funded by the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3121 et 
     seq.), including through expanded use of categorical 
     exclusions, environmental assessments, or programmatic 
     environmental impact statements.
       (b) Requirements.--In completing the report under 
     subsection (a), the Secretary shall--
       (1) describe the actions the Secretary will take to 
     implement the amendments to the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) made by section 321 of 
     the Fiscal Responsibility Act of 2023 (Public Law 118-5; 137 
     Stat. 38);
       (2) describe the existing categorical exclusions most 
     frequently used by the Secretary to streamline the 
     environmental review of projects funded by the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3121 et 
     seq.); and
       (3) consider--
       (A) the adoption of additional categorical exclusions, 
     including those used by other Federal agencies, that would 
     facilitate the environmental review of projects funded by the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3121 et seq.);
       (B) the adoption of new programmatic environmental impact 
     statements that would facilitate the environmental review of 
     projects funded by the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3121 et seq.); and
       (C) agreements with other Federal agencies that would 
     facilitate a more efficient process for the environmental 
     review of projects funded by the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3121 et seq.).
       (c) Rulemaking.--Not later than 2 years after the 
     submission of the report under subsection (a), the Secretary 
     shall promulgate a final rule implementing, to the maximum 
     extent practicable, measures considered by the Secretary 
     under subsection (b) that are necessary to streamline the 
     environmental review of projects funded by the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3121 et 
     seq.).

     SEC. 5124. GAO REPORT ON ECONOMIC DEVELOPMENT PROGRAMS.

       (a) Definitions.--In this section:
       (1) Comptroller general.--The term ``Comptroller General'' 
     means the Comptroller General of the United States.
       (2) Regional commission.--The term ``Regional Commission'' 
     has the meaning given the term in section 3 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3122).
       (b) Report.--Not later than September 30, 2026, the 
     Comptroller General shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that evaluates economic development 
     programs administered by the Economic Development 
     Administration and the Regional Commissions.
       (c) Contents.--In carrying out the report under subsection 
     (b), the Comptroller General shall--
       (1) evaluate the impact of programs described in that 
     subsection on economic outcomes, including job creation and 
     retention, the rate of unemployment and underemployment, 
     labor force participation, and private investment leveraged;
       (2) describe efforts by the Economic Development 
     Administration and the Regional Commissions to document the 
     impact of programs described in that subsection on economic 
     outcomes described in paragraph (1);
       (3) describe efforts by the Economic Development 
     Administration and the Regional Commissions to carry out 
     coordination activities described in section 103 of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3133);
       (4) consider other factors, as determined to be appropriate 
     by the Comptroller General of the United States, to assess 
     the effectiveness of programs described in subsection (b); 
     and
       (5) make legislative recommendations for improvements to 
     programs described in subsection (b) as applicable.

     SEC. 5125. GAO REPORT ON ECONOMIC DEVELOPMENT ADMINISTRATION 
                   REGULATIONS AND POLICIES.

       (a) Definitions.--In this section:
       (1) Comptroller general.--The term ``Comptroller General'' 
     means the Comptroller General of the United States.
       (2) Small community.--The term ``small community'' means a 
     community of less than 10,000 year-round residents.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that evaluates 
     economic development regulations and policies administered by 
     the Economic Development Administration that have hindered 
     the ability of communities to apply for and administer 
     Economic Development Administration grants.
       (c) Contents.--In carrying out the report under subsection 
     (b), the Comptroller General shall--
       (1) review regulations and grant application processes 
     promulgated by the Assistant Secretary of Commerce for 
     Economic Development;
       (2) evaluate the technical capacity of eligible recipients 
     (as defined in section 3 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3122)) to apply for 
     Economic Development Administration grants;
       (3) provide recommendations for improving the 
     administration and timely disbursement of grants awarded by 
     the Economic Development Administration, including for 
     improving the communication with grantees regarding timelines 
     for disbursement of funds;
       (4) identify barriers to small communities applying for 
     Economic Development Administration grants, in consultation 
     with--
       (A) State economic development representatives;
       (B) secretaries of State departments of economic 
     development;
       (C) representatives for small communities that have 
     received Economic Development Administration grants; and
       (D) representatives for small communities that have never 
     applied for Economic Development Administration grants; and
       (5) provide recommendations for simplifying and easing the 
     ability for grant applicants to navigate the Economic 
     Development Administration grant application process, 
     including through a review of regulations, including 
     environmental regulations, not in the jurisdiction of the 
     Economic Development Administration to identify possible 
     grant application process improvements.

     SEC. 5126. GAO STUDY ON RURAL COMMUNITIES.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States (referred to in this section as the ``Comptroller 
     General'') shall conduct a study to evaluate the impacts of 
     funding provided by the Economic Development Administration 
     to distressed communities (as described in section 301(a) of 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3161(a))) located in rural areas.
       (b) Contents.--In carrying out the study under subsection 
     (a), the Comptroller General shall--
       (1) identify not less than 5 geographically diverse 
     distressed communities in rural areas; and
       (2) for each distressed community identified under 
     paragraph (1), examine the impacts of funding provided by the 
     Economic Development Administration on--
       (A) the local jobs and unemployment of the community; and
       (B) the availability of affordable housing in the 
     community.

[[Page S5422]]

       (c) Report.--On completion of the study under subsection 
     (a), the Comptroller General shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the findings of the study and any 
     recommendations that result from the study.

     SEC. 5127. GENERAL AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 701 of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3231) is 
     amended--
       (1) by redesignating subsection (b) as subsection (k); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Grants for Public Works and Economic Development.--
     There are authorized to be appropriated to carry out section 
     201, to remain available until expended--
       ``(1) $170,000,000 for fiscal year 2025;
       ``(2) $195,000,000 for fiscal year 2026;
       ``(3) $220,000,000 for fiscal year 2027;
       ``(4) $245,000,000 for fiscal year 2028; and
       ``(5) $270,000,000 for fiscal year 2029.
       ``(b) Grants for Planning and Grants for Administrative 
     Expenses.--There are authorized to be appropriated to carry 
     out section 203, to remain available until expended--
       ``(1) $90,000,000 for fiscal year 2025;
       ``(2) $100,000,000 for fiscal year 2026;
       ``(3) $110,000,000 for fiscal year 2027;
       ``(4) $120,000,000 for fiscal year 2028; and
       ``(5) $130,000,000 for fiscal year 2029.
       ``(c) Grants for Training, Research, and Technical 
     Assistance.--There are authorized to be appropriated to carry 
     out section 207, to remain available until expended--
       ``(1) $25,000,000 for fiscal year 2025;
       ``(2) $30,000,000 for fiscal year 2026;
       ``(3) $35,000,000 for fiscal year 2027;
       ``(4) $40,000,000 for fiscal year 2028; and
       ``(5) $45,000,000 for fiscal year 2029.
       ``(d) Grants for Economic Adjustment.--There are authorized 
     to be appropriated to carry out section 209 (other than 
     subsections (d) and (e)), to remain available until 
     expended--
       ``(1) $65,000,000 for fiscal year 2025;
       ``(2) $75,000,000 for fiscal year 2026;
       ``(3) $85,000,000 for fiscal year 2027;
       ``(4) $95,000,000 for fiscal year 2028; and
       ``(5) $105,000,000 for fiscal year 2029.
       ``(e) Assistance to Coal Communities.--There is authorized 
     to be appropriated to carry out section 209(d) $75,000,000 
     for each of fiscal years 2025 through 2029, to remain 
     available until expended.
       ``(f) Assistance to Nuclear Host Communities.--There are 
     authorized to be appropriated to carry out section 209(e), to 
     remain available until expended--
       ``(1) to carry out paragraph (2)(A), $35,000,000 for each 
     of fiscal years 2025 through 2029; and
       ``(2) to carry out paragraph (2)(B), $5,000,000 for each of 
     fiscal years 2025 through 2027.
       ``(g) Renewable Energy Program.--There is authorized to be 
     appropriated to carry out section 218 $5,000,000 for each of 
     fiscal years 2025 through 2029, to remain available until 
     expended.
       ``(h) Workforce Training Grants.--There is authorized to be 
     appropriated to carry out section 219 $50,000,000 for each of 
     fiscal years 2025 through 2029, to remain available until 
     expended, of which $10,000,000 for each of fiscal years 2025 
     through 2029 shall be used to carry out subsection (c) of 
     that section.
       ``(i) Critical Supply Chain Site Development Grant 
     Program.--There is authorized to be appropriated to carry out 
     section 222 $20,000,000 for each of fiscal years 2025 through 
     2029, to remain available until expended.
       ``(j) Technical Assistance Liaisons.--There is authorized 
     to be appropriated to carry out section 510 $5,000,000 for 
     each of fiscal years 2025 through 2029, to remain available 
     until expended.''.
       (b) Conforming Amendment.--Title VII of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3231 et seq.) 
     is amended by striking section 704.

     SEC. 5128. TECHNICAL CORRECTION.

       Section 1 of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3121 note; Public Law 89-136) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and declarations.
``Sec. 3. Definitions.

     ``TITLE I--ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND 
                              COORDINATION

``Sec. 101. Establishment of economic development partnerships.
``Sec. 102. Cooperation of Federal agencies.
``Sec. 103. Coordination.

      ``TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

``Sec. 201. Grants for public works and economic development.
``Sec. 202. Base closings and realignments.
``Sec. 203. Grants for planning and grants for administrative expenses.
``Sec. 204. Cost sharing.
``Sec. 205. Supplementary grants.
``Sec. 206. Regulations on relative needs and allocations.
``Sec. 207. Research and technical assistance; university centers.
``Sec. 208. Investment priorities.
``Sec. 209. Grants for economic adjustment.
``Sec. 210. Changed project circumstances.
``Sec. 211. Use of funds in projects constructed under projected cost.
``Sec. 212. Reports by recipients.
``Sec. 213. Prohibition on use of funds for attorney's and consultant's 
              fees.
``Sec. 214. Special impact areas.
``Sec. 215. Performance awards.
``Sec. 216. Planning performance awards.
``Sec. 217. Direct expenditure or redistribution by recipient.
``Sec. 218. Renewable energy program.
``Sec. 219. Workforce training grants.
``Sec. 220. Congressional notification requirements.
``Sec. 221. High-Speed Broadband Deployment Initiative.
``Sec. 222. Critical supply chain site development grant program.

``TITLE III--ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES

``Sec. 301. Eligibility of areas.
``Sec. 302. Comprehensive economic development strategies.

               ``TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS

``Sec. 401. Designation of economic development districts.
``Sec. 402. Termination or modification of economic development 
              districts.
``Sec. 404. Provision of comprehensive economic development strategies 
              to Regional Commissions.
``Sec. 405. Assistance to parts of economic development districts not 
              in eligible areas.

                       ``TITLE V--ADMINISTRATION

``Sec. 501. Assistant Secretary for Economic Development.
``Sec. 502. Economic development information clearinghouse.
``Sec. 503. Consultation with other persons and agencies.
``Sec. 504. Administration, operation, and maintenance.
``Sec. 506. Performance evaluations of grant recipients.
``Sec. 507. Notification of reorganization.
``Sec. 508. Office of Tribal Economic Development.
``Sec. 509. Office of Disaster Recovery and Resilience.
``Sec. 510. Technical Assistance Liaisons.

                       ``TITLE VI--MISCELLANEOUS

``Sec. 601. Powers of Secretary.
``Sec. 602. Maintenance of standards.
``Sec. 603. Annual report to Congress.
``Sec. 604. Delegation of functions and transfer of funds among Federal 
              agencies.
``Sec. 605. Penalties.
``Sec. 606. Employment of expediters and administrative employees.
``Sec. 607. Maintenance and public inspection of list of approved 
              applications for financial assistance.
``Sec. 608. Records and audits.
``Sec. 609. Relationship to assistance under other law.
``Sec. 610. Acceptance of certifications by applicants.
``Sec. 611. Brownfields redevelopment reports.
``Sec. 612. Savings clause.

                          ``TITLE VII--FUNDING

``Sec. 701. General authorization of appropriations.
``Sec. 702. Authorization of appropriations for defense conversation 
              activities.
``Sec. 703. Authorization of appropriations for disaster economic 
              recovery activities.''.

      TITLE LII--REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT

     SEC. 5201. REGIONAL COMMISSION AUTHORIZATIONS.

       Section 15751 of title 40, United States Code, is amended 
     by striking subsection (a) and inserting the following:
       ``(a) In General.--There is authorized to be appropriated 
     to each Commission to carry out this subtitle $40,000,000 for 
     each of fiscal years 2025 through 2029.''.

     SEC. 5202. REGIONAL COMMISSION MODIFICATIONS.

       (a) Membership of Commissions.--Section 15301 of title 40, 
     United States Code, is amended--
       (1) in subsection (b)(2)(C)--
       (A) by striking ``An alternate member'' and inserting the 
     following:
       ``(i) In general.--An alternate member''; and
       (B) by adding at the end the following:
       ``(ii) State alternates.--If the alternate State member is 
     unable to vote in accordance with clause (i), the alternate 
     State member may delegate voting authority to a designee, 
     subject to the condition that the executive director shall be 
     notified, in writing, of the designation not less than 1 week 
     before the applicable vote is to take place.''; and
       (2) in subsection (f), by striking ``a Federal employee'' 
     and inserting ``an employee''.
       (b) Decisions of Commissions.--Section 15302 of title 40, 
     United States Code, is amended--
       (1) in subsection (a), by inserting ``or alternate State 
     members, including designees'' after ``State members''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Quorums.--
       ``(1) In general.--Subject to paragraph (2), a Commission 
     shall determine what constitutes a quorum for meetings of the 
     Commission.

[[Page S5423]]

       ``(2) Requirements.--Any quorum for meetings of a 
     Commission shall include--
       ``(A) the Federal Cochairperson or the alternate Federal 
     Cochairperson; and
       ``(B) a majority of State members or alternate State 
     members, including designees (exclusive of members 
     representing States delinquent under section 
     15304(c)(3)(C)).''.
       (c) Administrative Powers and Expenses of Commissions.--
     Section 15304(a) of title 40, United States Code, is 
     amended--
       (1) in paragraph (5), by inserting ``, which may be done 
     without a requirement for the Commission to reimburse the 
     agency or local government'' after ``status'';
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively;
       (3) by inserting after paragraph (7) the following:
       ``(8) collect fees for services provided and retain and 
     expend such fees;'';
       (4) in paragraph (9) (as so redesignated), by inserting 
     ``leases (including the lease of office space for any 
     term),'' after ``cooperative agreements,''; and
       (5) in paragraph (10) (as so redesignated), by striking 
     ``maintain a government relations office in the District of 
     Columbia and''.
       (d) Meetings of Commissions.--Section 15305(b) of title 40, 
     United States Code, is amended by striking ``with the Federal 
     Cochairperson'' and all that follows through the period at 
     the end and inserting the following: ``with--
       ``(1) the Federal Cochairperson; and
       ``(2) at least a majority of the State members or alternate 
     State members (including designees) present in-person or via 
     electronic means.''.
       (e) Annual Reports.--Section 15308(a) of title 40, United 
     States Code, is amended by striking ``90'' and inserting 
     ``180''.

     SEC. 5203. TRANSFER OF FUNDS AMONG FEDERAL AGENCIES.

       (a) In General.--Chapter 153 of subtitle V of title 40, 
     United States Code, is amended--
       (1) by redesignating section 15308 as section 15309; and
       (2) by inserting after section 15307 the following:

     ``Sec. 15308. Transfer of funds among Federal agencies

       ``(a) In General.--Subject to subsection (c), for purposes 
     of this subtitle, each Commission may transfer funds to and 
     accept transfers of funds from other Federal agencies.
       ``(b) Transfer of Funds to Other Federal Agencies.--Funds 
     made available to a Commission may be transferred to other 
     Federal agencies if the funds are used consistently with the 
     purposes for which the funds were specifically authorized and 
     appropriated.
       ``(c) Transfer of Funds From Other Federal Agencies.--Funds 
     may be transferred to any Commission under this section if--
       ``(1) the statutory authority for the funds provided by the 
     Federal agency does not expressly prohibit use of funds for 
     authorities being carried out by a Commission; and
       ``(2) the Federal agency that provides the funds determines 
     that the activities for which the funds are to be used are 
     otherwise eligible for funding under such a statutory 
     authority.''.
       (b) Clerical Amendment.--The analysis for chapter 153 of 
     subtitle V of title 40, United States Code, is amended by 
     striking the item relating to section 15308 and inserting the 
     following:

``15308. Transfer of funds among Federal agencies.
``15309. Annual reports.''.

     SEC. 5204. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.

       Section 15501 of title 40, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (4) through (9) as 
     paragraphs (6) through (11), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) in coordination with relevant Federal agencies, to 
     design, build, implement, or update infrastructure to support 
     resilience to extreme weather events;
       ``(5) to promote the production of housing to meet economic 
     development and workforce needs;''; and
       (2) in subsection (b), by striking ``(7)'' and inserting 
     ``(9)''.

     SEC. 5205. FINANCIAL ASSISTANCE.

       (a) In General.--Chapter 155 of subtitle V of title 40, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 15507. Payment of non-Federal share for certain 
       Federal grant programs

       ``Amounts made available to carry out this subtitle shall 
     be available for the payment of the non-Federal share for any 
     project carried out under another Federal grant program--
       ``(1) for which a Commission is not the sole or primary 
     funding source; and
       ``(2) that is consistent with the authorities of the 
     applicable Commission.''.
       (b) Clerical Amendment.--The analysis for chapter 155 of 
     subtitle V of title 40, United States Code, is amended by 
     adding at the end the following:

``15507. Payment of non-Federal share for certain Federal grant 
              programs.''.

     SEC. 5206. NORTHERN BORDER REGIONAL COMMISSION AREA.

       Section 15733 of title 40, United States Code, is amended--
       (1) in paragraph (1), by inserting ``Lincoln,'' after 
     ``Knox,'';
       (2) in paragraph (2), by inserting ``Merrimack,'' after 
     ``Grafton,''; and
       (3) in paragraph (3), by inserting ``Wyoming,'' after 
     ``Wayne,''.

     SEC. 5207. SOUTHWEST BORDER REGIONAL COMMISSION AREA.

       Section 15732 of title 40, United States Code, is amended--
       (1) in paragraph (3)--
       (A) by inserting ``Bernalillo,'' before ``Catron,'';
       (B) by inserting ``Cibola, Curry, De Baca,'' after 
     ``Chaves,'';
       (C) by inserting ``Guadalupe,'' after ``Grant,'';
       (D) by inserting ``Lea,'' after ``Hidalgo,'';
       (E) by inserting ``Roosevelt,'' after ``Otero,''; and
       (F) by striking ``and Socorro'' and inserting ``Socorro, 
     Torrance, and Valencia''; and
       (2) in paragraph (4)--
       (A) by inserting ``Guadalupe,'' after ``Glasscock,''; and
       (B) by striking ``Tom Green Upton,'' and inserting ``Tom 
     Green, Upton,''.

     SEC. 5208. GREAT LAKES AUTHORITY AREA.

       Section 15734 of title 40, United States Code, is amended, 
     in the matter preceding paragraph (1), by inserting ``the 
     counties which contain, in part or in whole, the'' after 
     ``consist of''.

     SEC. 5209. ADDITIONAL REGIONAL COMMISSION PROGRAMS.

       (a) In General.--Subtitle V of title 40, United States 
     Code, is amended by adding at the end the following:

         ``CHAPTER 159--ADDITIONAL REGIONAL COMMISSION PROGRAMS

``Sec.
``15901. State capacity building grant program.
``15902. Demonstration health projects.

     ``Sec. 15901. State capacity building grant program

       ``(a) Definitions.--In this section:
       ``(1) Commission state.--The term `Commission State' means 
     a State that contains 1 or more eligible counties.
       ``(2) Eligible county.--The term `eligible county' means a 
     county described in subchapter II of chapter 157.
       ``(3) Program.--The term `program' means a State capacity 
     building grant program established by a Commission under 
     subsection (b).
       ``(b) Establishment.--Each Commission shall establish a 
     State capacity building grant program to provide grants to 
     Commission States in the area served by the Commission for 
     the purposes described in subsection (c).
       ``(c) Purposes.--The purposes of a program are to support 
     the efforts of the Commission--
       ``(1) to better support business retention and expansion in 
     eligible counties;
       ``(2) to create programs to encourage job creation and 
     workforce development in eligible counties, including 
     projects and activities, in coordination with other relevant 
     Federal agencies, to strengthen the water sector workforce 
     and facilitate the sharing of best practices;
       ``(3) to partner with universities in distressed counties 
     (as designated under section 15702(a)(1))--
       ``(A) to strengthen the capacity to train new professionals 
     in fields for which there is a shortage of workers;
       ``(B) to increase local capacity for project management, 
     project execution, and financial management; and
       ``(C) to leverage funding sources;
       ``(4) to prepare economic and infrastructure plans for 
     eligible counties;
       ``(5) to expand access to high-speed broadband in eligible 
     counties;
       ``(6) to provide technical assistance that results in 
     Commission investments in transportation, water, wastewater, 
     and other critical infrastructure;
       ``(7) to promote workforce development to support resilient 
     infrastructure projects;
       ``(8) to develop initiatives to increase the effectiveness 
     of local development districts in eligible counties;
       ``(9) to implement new or innovative economic development 
     practices that will better position eligible counties to 
     compete in the global economy; and
       ``(10) to identify and address important regional 
     impediments to prosperity and to leverage unique regional 
     advantages to create economic opportunities for the region 
     served by the Commission.
       ``(d) Use of Funds.--
       ``(1) In general.--Funds from a grant under a program may 
     be used to support a project, program, or related expense of 
     the Commission State in an eligible county.
       ``(2) Limitation.--Funds from a grant under a program shall 
     not be used for--
       ``(A) the purchase of furniture, fixtures, or equipment;
       ``(B) the compensation of--
       ``(i) any State member of the Commission (as described in 
     section 15301(b)(1)(B)); or
       ``(ii) any State alternate member of the Commission (as 
     described in section 15301(b)(2)(B)); or
       ``(C) the cost of supplanting existing State programs.
       ``(e) Annual Work Plan.--
       ``(1) In general.--For each fiscal year, before providing a 
     grant under a program, each Commission State shall provide to 
     the Commission an annual work plan that includes the proposed 
     use of the grant.
       ``(2) Approval.--No grant under a program shall be provided 
     to a Commission State unless the Commission has approved the 
     annual work plan of the State.
       ``(f) Amount of Grant.--

[[Page S5424]]

       ``(1) In general.--The amount of a grant provided to a 
     Commission State under a program for a fiscal year shall be 
     based on the proportion that--
       ``(A) the amount paid by the Commission State (including 
     any amounts paid on behalf of the Commission State by a 
     nonprofit organization) for administrative expenses for the 
     applicable fiscal year (as determined under section 
     15304(c)); bears to
       ``(B) the amount paid by all Commission States served by 
     the Commission (including any amounts paid on behalf of a 
     Commission State by a nonprofit organization) for 
     administrative expenses for that fiscal year (as determined 
     under that section).
       ``(2) Requirement.--To be eligible to receive a grant under 
     a program for a fiscal year, a Commission State (or a 
     nonprofit organization on behalf of the Commission State) 
     shall pay the amount of administrative expenses of the 
     Commission State for the applicable fiscal year (as 
     determined under section 15304(c)).
       ``(3) Approval.--For each fiscal year, a grant provided 
     under a program shall be approved and made available as part 
     of the approval of the annual budget of the Commission.
       ``(g) Grant Availability.--Funds from a grant under a 
     program shall be available only during the fiscal year for 
     which the grant is provided.
       ``(h) Report.--Each fiscal year, each Commission State 
     shall submit to the relevant Commission and make publicly 
     available a report that describes the use of the grant funds 
     and the impact of the program in the Commission State.
       ``(i) Continuation of Program Authority for Northern Border 
     Regional Commission.--With respect to the Northern Border 
     Regional Commission, the program shall be a continuation of 
     the program under section 6304(c) of the Agriculture 
     Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 
     115-334) (as in effect on the day before the date of 
     enactment of this section).

     ``Sec. 15902. Demonstration health projects

       ``(a) Purpose.--To demonstrate the value of adequate health 
     facilities and services to the economic development of the 
     region, a Commission may make grants for the planning, 
     construction, equipment, and operation of demonstration 
     health, nutrition, and child care projects (referred to in 
     this section as a `demonstration health project'), including 
     hospitals, regional health diagnostic and treatment centers, 
     and other facilities and services necessary for the purposes 
     of this section.
       ``(b) Eligible Entities.--An entity eligible to receive a 
     grant under this section is--
       ``(1) an entity described in section 15501(a);
       ``(2) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)));
       ``(3) a hospital (as defined in section 1861 of the Social 
     Security Act (42 U.S.C. 1395x)); or
       ``(4) a critical access hospital (as defined in that 
     section).
       ``(c) Planning Grants.--
       ``(1) In general.--A Commission may make grants for 
     planning expenses necessary for the development and operation 
     of demonstration health projects for the region served by the 
     Commission.
       ``(2) Maximum commission contribution.--The maximum 
     Commission contribution for a demonstration health project 
     that receives a grant under paragraph (1) shall be made in 
     accordance with section 15501(d).
       ``(3) Sources of assistance.--A grant under paragraph (1) 
     may be provided entirely from amounts made available to carry 
     out this section or in combination with amounts provided 
     under other Federal grant programs.
       ``(4) Federal share for grants under other federal grant 
     programs.--Notwithstanding any provision of law limiting the 
     Federal share in other Federal grant programs, amounts made 
     available to carry out this subsection may be used to 
     increase the Federal share of another Federal grant up to the 
     maximum contribution described in paragraph (2).
       ``(d) Construction and Equipment Grants.--
       ``(1) In general.--A grant under this section for 
     construction or equipment of a demonstration health project 
     may be used for--
       ``(A) costs of construction;
       ``(B) the acquisition of privately owned facilities--
       ``(i) not operated for profit; or
       ``(ii) previously operated for profit if the Commission 
     finds that health services would not otherwise be provided in 
     the area served by the facility if the acquisition is not 
     made; and
       ``(C) the acquisition of initial equipment.
       ``(2) Standards for making grants.--A grant under paragraph 
     (1)--
       ``(A) shall be approved in accordance with section 15503; 
     and
       ``(B) shall not be incompatible with the applicable 
     provisions of title VI of the Public Health Service Act (42 
     U.S.C. 291 et seq.), the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et 
     seq.), and other laws authorizing grants for the construction 
     of health-related facilities, without regard to any 
     provisions in those laws relating to appropriation 
     authorization ceilings or to allotments among the States.
       ``(3) Maximum commission contribution.--The maximum 
     Commission contribution for a demonstration health project 
     that receives a grant under paragraph (1) shall be made in 
     accordance with section 15501(d).
       ``(4) Sources of assistance.--A grant under paragraph (1) 
     may be provided entirely from amounts made available to carry 
     out this section or in combination with amounts provided 
     under other Federal grant programs.
       ``(5) Contribution to increased federal share for other 
     federal grants.--Notwithstanding any provision of law 
     limiting the Federal share in another Federal grant program 
     for the construction or equipment of a demonstration health 
     project, amounts made available to carry out this subsection 
     may be used to increase Federal grants for component 
     facilities of a demonstration health project to a maximum of 
     90 percent of the cost of the facilities.
       ``(e) Operation Grants.--
       ``(1) In general.--A grant under this section for the 
     operation of a demonstration health project may be used for--
       ``(A) the costs of operation of the facility; and
       ``(B) initial operating costs, including the costs of 
     attracting, training, and retaining qualified personnel.
       ``(2) Standards for making grants.--A grant for the 
     operation of a demonstration health project shall not be made 
     unless the facility funded by the grant is--
       ``(A) publicly owned;
       ``(B) owned by a public or private nonprofit organization;
       ``(C) a private hospital described in section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from taxation 
     under section 501(a) of that Code; or
       ``(D) a private hospital that provides a certain amount of 
     uncompensated care, as determined by the Commission, and 
     applies for the grant in partnership with a State, local 
     government, or Indian Tribe.
       ``(3) Maximum commission contribution.--The maximum 
     Commission contribution for a demonstration health project 
     that receives a grant under paragraph (1) shall be made in 
     accordance with section 15501(d).
       ``(4) Sources of assistance.--A grant under paragraph (1) 
     may be provided entirely from amounts made available to carry 
     out this section or in combination with amounts provided 
     under other Federal grant programs for the operation of 
     health-related facilities or the provision of health and 
     child development services, including parts A and B of title 
     IV and title XX of the Social Security Act (42 U.S.C. 601 et 
     seq., 621 et seq., 1397 et seq.).
       ``(5) Federal share.--Notwithstanding any provision of law 
     limiting the Federal share in the other Federal programs 
     described in paragraph (4), amounts made available to carry 
     out this subsection may be used to increase the Federal share 
     of a grant under those programs up to the maximum 
     contribution described in paragraph (3).
       ``(f) Priority Health Programs.--If a Commission elects to 
     make grants under this section, the Commission shall 
     establish specific regional health priorities for such grants 
     that address--
       ``(1) addiction treatment and access to resources helping 
     individuals in recovery;
       ``(2) workforce shortages in the healthcare industry; or
       ``(3) access to services for screening and diagnosing 
     chronic health issues.''.
       (b) Repeal.--Section 6304(c) of the Agriculture Improvement 
     Act of 2018 (40 U.S.C. 15501 note; Public Law 115-334) is 
     repealed.
       (c) Clerical Amendment.--The table of chapters for subtitle 
     V of title 40, United States Code, is amended by inserting 
     after the item relating to chapter 157 the following:

``159.  Additional Regional Commission Programs............15901''.....

     SEC. 5210. TRIBAL AND COLONIA PARTICIPATION IN SOUTHWEST 
                   BORDER REGION.

       (a) In General.--Chapter 155 of subtitle V of title 40, 
     United States Code (as amended by section 5205(a)), is 
     amended by adding at the end the following:

     ``Sec. 15508. Waiver of matching requirement for Indian 
       tribes and colonias in Southwest Border Regional Commission 
       programs

       ``(a) Definition of Colonia.--
       ``(1) In general.--In this section, the term `colonia' 
     means a community--
       ``(A) that is located--
       ``(i) in the State of Arizona, California, New Mexico, or 
     Texas;
       ``(ii) not more than 150 miles from the border between the 
     United States and Mexico; and
       ``(iii) outside a standard metropolitan statistical area 
     that has a population exceeding 1,000,000;
       ``(B) that--
       ``(i) lacks a potable water supply;
       ``(ii) lacks an adequate sewage system; or
       ``(iii) lacks decent, safe, and sanitary housing; and
       ``(C) that has been treated or designated as a colonia by a 
     Federal or State program.
       ``(b) Waiver.--Notwithstanding any other provision of law, 
     in the case of assistance provided to a colonia or an Indian 
     tribe under this subtitle by the Southwest Border Regional 
     Commission, the Federal share of the cost of the project 
     carried out with that assistance may be up to 100 percent, as 
     determined by the selection official, the State Cochairperson 
     (or an alternate), and the Federal Cochairperson (or an 
     alternate).''.
       (b) Clerical Amendment.--The analysis for chapter 155 of 
     subtitle V of title 40, United States Code (as amended by 
     section 5205(b)), is amended by inserting after the item 
     relating to section 15507 the following:


[[Page S5425]]


``15508. Waiver of matching requirement for Indian tribes and colonias 
              in Southwest Border Regional Commission programs.''.

     SEC. 5211. ESTABLISHMENT OF MID-ATLANTIC REGIONAL COMMISSION.

       (a) Establishment.--Section 15301(a) of title 40, United 
     States Code, is amended by adding at the end the following:
       ``(5) The Mid-Atlantic Regional Commission.''.
       (b) Designation of Region.--
       (1) In general.--Subchapter II of chapter 157 of title 40, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 15735. Mid-Atlantic Regional Commission.

       ``The region of the Mid-Atlantic Regional Commission shall 
     include the following counties:
       ``(1) Delaware.--Each county in the State of Delaware.
       ``(2) Maryland.--Each county in the State of Maryland that 
     is not already served by the Appalachian Regional Commission.
       ``(3) Pennsylvania.--Each county in the Commonwealth of 
     Pennsylvania that is not already served by the Appalachian 
     Regional Commission.''.
       (2) Clerical amendment.--The analysis for subchapter II of 
     chapter 157 of title 40, United States Code, is amended by 
     adding at the end the following:

``15735. Mid-Atlantic Regional Commission.''.
       (c) Application.--Section 15702(c) of title 40, United 
     States Code, is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Application.--Paragraph (2) shall not apply to a 
     county described in paragraph (2) or (3) of section 15735.''.

     SEC. 5212. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL 
                   COMMISSION.

       (a) Establishment.--Section 15301(a) of title 40, United 
     States Code (as amended by section 5211(a)), is amended by 
     adding at the end the following:
       ``(6) The Southern New England Regional Commission.''.
       (b) Designation of Region.--
       (1) In general.--Subchapter II of chapter 157 of title 40, 
     United States Code (as amended by section 5211(b)(1)), is 
     amended by adding at the end the following:

     ``Sec. 15736. Southern New England Regional Commission

       ``The region of the Southern New England Regional 
     Commission shall include the following counties:
       ``(1) Rhode island.--Each county in the State of Rhode 
     Island.
       ``(2) Connecticut.--The counties of Hartford, Middlesex, 
     New Haven, New London, Tolland, and Windham in the State of 
     Connecticut.
       ``(3) Massachusetts.--Each county in the Commonwealth of 
     Massachusetts.''.
       (2) Clerical amendment.--The analysis for subchapter II of 
     chapter 157 of title 40, United States Code (as amended by 
     section 5211(b)(2)), is amended by adding at the end the 
     following:

``15736. Southern New England Regional Commission.''.
       (c) Application.--Section 15702(c)(3) of title 40, United 
     States Code (as amended by section 5211(c)), is amended--
       (1) by striking the period at the end and inserting ``; 
     or'';
       (2) by striking ``to a county'' and inserting the 
     following: ``to--
       ``(A) a county''; and
       (3) by adding at the end the following:
       ``(B) the Southern New England Regional Commission.''.

     SEC. 5213. DENALI COMMISSION REAUTHORIZATION.

       (a) Reauthorization.--Section 312(a) of the Denali 
     Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-
     277) is amended by striking ``$15,000,000 for each of fiscal 
     years 2017 through 2021'' and inserting ``$35,000,000 for 
     each of fiscal years 2025 through 2029''.
       (b) Powers of the Commission.--Section 305 of the Denali 
     Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-
     277) is amended--
       (1) in subsection (d), in the first sentence, by inserting 
     ``enter into leases (including the lease of office space for 
     any term),'' after ``award grants,''; and
       (2) by adding at the end the following:
       ``(e) Use of Funds Toward Non-Federal Share of Certain 
     Projects.--Notwithstanding any other provision of law 
     regarding payment of a non-Federal share in connection with a 
     grant-in-aid program, the Commission may use amounts made 
     available to the Commission for the payment of such a non-
     Federal share for programs undertaken to carry out the 
     purposes of the Commission.''.
       (c) Special Functions of the Commission.--Section 307 of 
     the Denali Commission Act of 1998 (42 U.S.C. 4321 note; 
     Public Law 105-277) is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) through (e) as 
     subsections (a) through (d), respectively; and
       (3) in subsection (c) (as so redesignated), by inserting 
     ``, including interagency transfers,'' after ``payments''.
       (d) Conforming Amendment.--Section 309(c)(1) of the Denali 
     Commission Act of 1998 (42 U.S.C. 4321 note; Public Law 105-
     277) is amended by inserting ``of Transportation'' after 
     ``Secretary''.

     SEC. 5214. DENALI HOUSING FUND.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a nonprofit organization;
       (B) a limited dividend organization;
       (C) a cooperative organization;
       (D) an Indian Tribe (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304)); and
       (E) a public entity, such as a municipality, county, 
     district, authority, or other political subdivision of a 
     State.
       (2) Federal cochair.--The term ``Federal Cochair'' means 
     the Federal Cochairperson of the Denali Commission.
       (3) Fund.--The term ``Fund'' means the Denali Housing Fund 
     established under subsection (b)(1).
       (4) Low-income.--The term ``low-income'', with respect to a 
     household means that the household income is less than 150 
     percent of the Federal poverty level for the State of Alaska.
       (5) Moderate-income.--The term ``moderate-income'', with 
     respect to a household, means that the household income is 
     less than 250 percent of the Federal poverty level for the 
     State of Alaska.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Denali Housing Fund.--
       (1) Establishment.--There shall be established in the 
     Treasury of the United States the Denali Housing Fund, to be 
     administered by the Federal Cochair.
       (2) Source and use of amounts in fund.--
       (A) In general.--Amounts allocated to the Federal Cochair 
     for the purpose of carrying out this section shall be 
     deposited in the Fund.
       (B) Uses.--The Federal Cochair shall use the Fund as a 
     revolving fund to carry out the purposes of this section.
       (C) Investment.--The Federal Cochair may invest amounts in 
     the Fund that are not necessary for operational expenses in 
     bonds or other obligations, the principal and interest of 
     which are guaranteed by the Federal Government.
       (D) General expenses.--The Federal Cochair may charge the 
     general expenses of carrying out this section to the Fund.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Fund $5,000,000 for each of fiscal 
     years 2025 through 2029.
       (c) Purposes.--The purposes of this section are--
       (1) to encourage and facilitate the construction or 
     rehabilitation of housing to meet the needs of low-income 
     households and moderate-income households; and
       (2) to provide housing for public employees.
       (d) Loans and Grants.--
       (1) In general.--The Federal Cochair may provide grants and 
     loans from the Fund to eligible entities under such terms and 
     conditions the Federal Cochair may prescribe.
       (2) Purpose.--The purpose of a grant or loan under 
     paragraph (1) shall be for planning and obtaining federally 
     insured mortgage financing or other financial assistance for 
     housing construction or rehabilitation projects for low-
     income and moderate-income households in rural Alaska 
     villages.
       (e) Providing Amounts to States for Grants and Loans.--The 
     Federal Cochair may provide amounts to the State of Alaska, 
     or political subdivisions thereof, for making the grants and 
     loans described in subsection (d).
       (f) Loans.--
       (1) Limitation on available amounts.--A loan under 
     subsection (d) for the cost of planning and obtaining 
     financing (including the cost of preliminary surveys and 
     analyses of market needs, preliminary site engineering and 
     architectural fees, site options, application and mortgage 
     commitment fees, legal fees, and construction loan fees and 
     discounts) of a project described in that subsection may be 
     for not more than 90 percent of that cost.
       (2) Interest.--A loan under subsection (d) shall be made 
     without interest, except that a loan made to an eligible 
     entity established for profit shall bear interest at the 
     prevailing market rate authorized for an insured or 
     guaranteed loan for that type of project.
       (3) Payment.--
       (A) In general.--The Federal Cochair shall require payment 
     of a loan made under this section under terms and conditions 
     the Secretary may require by not later than the date of 
     completion of the project.
       (B) Cancellation.--For a loan other than a loan to an 
     eligible entity established for profit, the Secretary may 
     cancel any part of the debt with respect to a loan made under 
     subsection (d) if the Secretary determines that a permanent 
     loan to finance the project cannot be obtained in an amount 
     adequate for repayment of a loan made under subsection (d).
       (g) Grants.--
       (1) In general.--A grant under this section for expenses 
     incidental to planning and obtaining financing for a project 
     described in this section that the Federal Cochair considers 
     unrecoverable from the proceeds of a permanent loan made to 
     finance the project--
       (A) may not be made to an eligible entity established for 
     profit; and
       (B) may not exceed 90 percent of those expenses.
       (2) Site development costs and offsite improvements.--
       (A) In general.--The Federal Cochair may make grants and 
     commitments for grants

[[Page S5426]]

     under terms and conditions the Federal Cochair may require to 
     eligible entities for reasonable site development costs and 
     necessary offsite improvements, such as sewer and water line 
     extensions, if the grant or commitment--
       (i) is essential to ensuring that housing is constructed on 
     the site in the future; and
       (ii) otherwise meets the requirements for assistance under 
     this section.
       (B) Maximum amounts.--The amount of a grant under this 
     paragraph may not--
       (i) with respect to the construction of housing, exceed 40 
     percent of the cost of the construction; and
       (ii) with respect to the rehabilitation of housing, exceed 
     10 percent of the reasonable value of the rehabilitation, as 
     determined by the Federal Cochair.
       (h) Information, Advice, and Technical Assistance.--The 
     Federal Cochair may provide, or contract with public or 
     private organizations to provide, information, advice, and 
     technical assistance with respect to the construction, 
     rehabilitation, and operation by nonprofit organizations of 
     housing for low-income or moderate-income households, or for 
     public employees, in rural Alaska villages under this 
     section.

     SEC. 5215. DELTA REGIONAL AUTHORITY REAUTHORIZATION.

       (a) Authorization of Appropriations.--Section 382M(a) of 
     the Consolidated Farm and Rural Development Act (7 U.S.C. 
     2009aa-12(a)) is amended by striking ``$30,000,000 for each 
     of fiscal years 2019 through 2023'' and inserting 
     ``$40,000,000 for each of fiscal years 2025 through 2029''.
       (b) Termination of Authority.--Section 382N of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-
     13) is repealed.
       (c) Fees.--Section 382B(e) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2009aa-1(e)) is amended--
       (1) in paragraph (9)(C), by striking ``and'' at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(11) collect fees for the Delta Doctors program of the 
     Authority and retain and expend those fees.''.
       (d) Succession.--Section 382B(h)(5)(B) of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 2009aa-1(h)(5)(B)) 
     is amended--
       (1) in clause (ii), by striking ``and'' at the end;
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following:
       ``(iii) assuming the duties of the Federal cochairperson 
     and the alternate Federal cochairperson for purposes of 
     continuation of normal operations in the event that both 
     positions are vacant; and''.
       (e) Indian Tribes.--Section 382C(a) of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 2009aa-2(a)) is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     Indian Tribes,'' after ``States''; and
       (2) in paragraph (1), by inserting ``, Tribal,'' after 
     ``State''.

     SEC. 5216. NORTHERN GREAT PLAINS REGIONAL AUTHORITY 
                   REAUTHORIZATION.

       (a) Authorization of Appropriations.--Section 383N(a) of 
     the Consolidated Farm and Rural Development Act (7 U.S.C. 
     2009bb-12(a)) is amended by striking ``$30,000,000 for each 
     of fiscal years 2008 through 2018'' and inserting 
     ``$40,000,000 for each of fiscal years 2025 through 2029''.
       (b) Termination of Authority.--Section 383O of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-
     13) is repealed.
                                 ______
                                 
  SA 3104. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XV, add the following:

     SEC. 1549. CLASSIFICATION REFORM FOR TRANSPARENCY ACT OF 
                   2024.

       (a) Short Title.--This section may be cited as the 
     ``Classification Reform for Transparency Act of 2024''.
       (b) Definitions.--In this section:
       (1) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (2) Classification system.--The term ``classification 
     system'' means the system of the Federal Government for 
     classification and declassification.
       (3) Classified information.--The term ``classified 
     information'' has the meaning given the term ``classified 
     information of the United States'' in section 1924(c) of 
     title 18, United States Code.
       (4) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (5) Executive agency.--The term ``Executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       (6) Information.--The term ``information'' means any 
     knowledge that can be communicated or documentary material, 
     regardless of its physical form or characteristics, that is 
     owned by, is produced by or for, or is under the control of 
     the Federal Government.
       (c) Automatic Expiration of Classification Status.--
       (1)  Automatic expiration.--
       (A) In general.--Subject to paragraph (2), the 
     classification marking on any information that is more than 
     50 years old shall be considered expired, and the information 
     shall be considered unclassified.
       (B) Effective date.--Subparagraph (A) shall take effect on 
     the date that is 3 years after the date of the enactment of 
     this Act.
       (2) Authority to exempt.--The President may, as the 
     President considers appropriate, exempt specific information 
     from the requirement of paragraph (1)(A) pursuant to a 
     request received by the President pursuant to paragraph (3).
       (3) Requests for exemptions.--In extraordinary cases, the 
     head of an Executive agency may request from the President an 
     exemption to the requirement of paragraph (1)(A) for specific 
     information that reveals--
       (A) the identity of a human source or human intelligence 
     source in a case in which the source or a relative of the 
     source is alive and disclosure would present a clear danger 
     to the safety of the source or relative;
       (B) a key design concept of a weapon of mass destruction; 
     or
       (C) information that would result in critical harm to 
     ongoing or future operations.
       (4) Notification.--
       (A) Definition of appropriate committees of congress.--In 
     this paragraph, the term ``appropriate committee of 
     Congress'' means--
       (i) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       (ii) the Committee on Oversight and Accountability and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (B) In general.--If an exemption is requested pursuant to 
     paragraph (3), the President shall, not later than 30 days 
     after the date on which the President approves or rejects the 
     requested exemption, submit to Congress, including the 
     appropriate committees of Congress, notice of such approval 
     or rejection.
       (C) Contents.--Each notice submitted pursuant to 
     subparagraph (B) for an approval or rejection shall include a 
     justification for the approval or rejection.
       (D) Form.--To the degree practicable, each notice submitted 
     pursuant to subparagraph (B) shall be submitted in 
     unclassified form.
       (d) Reforms of the Classification System.--
       (1) Declassification upon request of congress.--
       (A) In general.--Not later than 90 days after the date on 
     which the head of an Executive agency receives a request from 
     a chair, vice-chair, or ranking member of an appropriate 
     committee of Congress for declassification of specific 
     information in the possession of the Executive agency, the 
     head of the Executive agency shall--
       (i) review the information for declassification; and
       (ii) provide the member of Congress--

       (I) the declassified information or document; or
       (II) notice that, pursuant to review under clause (i), the 
     information is not being declassified, along with a 
     justification for not declassifying the information.

       (B) Complex or lengthy requests.--In a case in which the 
     head of an Executive agency receives a request as described 
     in subparagraph (A) and the head determines that such request 
     is particularly complex or lengthy, such paragraph shall be 
     applied by substituting ``180 days'' for ``90 days''.
       (2) Mandatory declassification review for matters in the 
     public interest.--The President shall require that the 
     mandatory declassification review process established 
     pursuant to Executive Order 13526 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, include--
       (A) a process by which members of the public may request 
     declassification of information in cases in which--
       (i) the information meets the standards for classification; 
     and
       (ii) the public interest in disclosure would outweigh the 
     national security harm that could reasonably be expected to 
     result from disclosure of the information; and
       (B) an expedited process for consideration of 
     declassification of information in cases in which there is 
     urgency to inform the public concerning actual or alleged 
     Federal Government activity.
       (3) Identification of harm to national security.--At the 
     time of original classification, in addition to the 
     identifications and markings required by section 1.6 of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, the original classification authority shall identify 
     in writing the specific harm to national security that could 
     reasonably be expected to result from disclosure.
       (4) Congressional authority to release information.--
     Nothing in this section shall be deemed in conflict with, or 
     to otherwise impede the authority of, Congress under

[[Page S5427]]

     clause 3 of section 5 of article I of the Constitution of the 
     United States to release information in its possession, and 
     such information so released shall be deemed declassified or 
     otherwise released in full.
                                 ______
                                 
  SA 3105. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1439. CODIFICATION OF CERTAIN SANCTIONS WITH RESPECT TO 
                   THE RUSSIAN FEDERATION.

       (a) In General.--United States sanctions provided for in 
     the Executive orders specified in subsection (b), as in 
     effect on the day before the date of the enactment of this 
     Act shall remain in effect except as provided in subsection 
     (c).
       (b) Executive Orders Specified.--Executive orders specified 
     in this section are--
       (1) Executive Order 13849 (22 U.S.C. 9521 note; relating to 
     authorizing the implementation of certain sanctions set forth 
     in the Countering America's Adversaries Through Sanctions Act 
     (22 U.S.C. 9401 et seq.));
       (2) Executive Order 13883 (22 U.S.C. 5605 note; relating to 
     administration of proliferation sanctions and amendment of 
     Executive Order 12851 (22 U.S.C. 2797 note; relating to the 
     administration of proliferation sanctions, Middle East arms 
     control, and related congressional reporting 
     responsibilities));
       (3) Executive Order 14024 (50 U.S.C. 1701 note; relating to 
     blocking property with respect to specified harmful foreign 
     activities of the Government of the Russian Federation);
       (4) Executive Order 14039 (22 U.S.C. 9526 note; relating to 
     blocking property with respect to certain Russian energy 
     export pipelines);
       (5) Executive Order 14065 (50 U.S.C. 1701 note; relating to 
     blocking property of certain persons and prohibiting certain 
     transactions with respect to continued Russian efforts to 
     undermine the sovereignty and territorial integrity of 
     Ukraine);
       (6) Executive Order 14066 (50 U.S.C. 1701 note; relating to 
     prohibiting certain imports and new investments with respect 
     to continued Russian Federation efforts to undermine the 
     sovereignty and territorial integrity of Ukraine);
       (7) Executive Order 14068 (50 U.S.C. 1701 note; relating to 
     prohibiting certain imports, exports, and new investment with 
     respect to continued Russian Federation aggression);
       (8) Executive Order 14071 (50 U.S.C. 1701 note; relating to 
     prohibiting new investment in and certain services to the 
     Russian Federation in response to continued Russian 
     Federation aggression); and
       (9) Executive Order 14114 (88 Fed. Reg. 89271; relating to 
     taking additional steps with respect to the Russian 
     Federation's harmful activities).
       (c) Termination of Sanctions.--The President may terminate 
     the application of sanctions under subsection (a) with 
     respect to a person if the President certifies to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Banking, Housing, and Urban Affairs of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Financial Services of the House of 
     Representatives that--
       (1) such person--
       (A) is not engaging in the activity that was the basis for 
     such sanctions; or
       (B) has taken significant, verifiable steps toward stopping 
     the activity that was the basis for such sanctions; and
       (2) the President has received reliable assurances that 
     such person will not knowingly engage in any activity subject 
     to sanctions in the future.
       (d) Exceptions.--
       (1) Definitions.--In this subsection:
       (A) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given such term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (B) Good.--The term ``good'' means any article, natural or 
     manmade substance, material, supply, or manufactured product, 
     including inspection and test equipment, and excluding 
     technical data.
       (C) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (D) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (2) Exception relating to importation of goods.--A 
     requirement to block and prohibit all transactions in all 
     property and interests in property referred to in subsection 
     (b) shall not include the authority or a requirement to 
     impose sanctions on the importation of goods.
       (3) Exception to comply with the united nations 
     headquarters agreement and law enforcement activities.--
     Sanctions specified in subsection (b) shall not apply with 
     respect to the admission of an alien to the United States if 
     admitting or paroling the alien into the United States is 
     necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations of the 
     United States; or
       (B) to carry out or assist authorized law enforcement 
     activity in the United States.
       (4) Exception to comply with intelligence activities.--
     Sanctions specified in subsection (b) shall not apply to any 
     activity subject to the reporting requirements under title V 
     of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) 
     or any authorized intelligence activities of the United 
     States.
       (5) Humanitarian assistance.--Sanctions specified in 
     subsection (b) shall not apply to--
       (A) the conduct or facilitation of a transaction for the 
     provision of agricultural commodities, food, medicine, 
     medical devices, humanitarian assistance, or for humanitarian 
     purposes; or
       (B) transactions that are necessary for, or related to, the 
     activities described in subparagraph (A).
                                 ______
                                 
  SA 3106. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1440. SUPPORTING DEMOCRATIC FORCES IN THE RUSSIAN 
                   FEDERATION BY AMPLIFYING THEIR VOICES AND 
                   ADVANCING THEIR ANTI-WAR AGENDA.

       (a) Definitions.--In this section and in section 1440A:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Belarusian individual in exile.--The term ``Belarusian 
     individual in exile'' means a Belarusian individual who has 
     been unable to return to Belarus because of a credible threat 
     of persecution.
       (3) Credible threat of persecution.--The term ``credible 
     threat of persecution'' means a threat that causes an 
     individual to have a reasonable fear of persecution as a 
     result of the pro-democracy activity of that individual.
       (4) Pro-democracy.--
       (A) Pro-democracy activist.--The term ``pro-democracy 
     activist'' means an individual who advocates for democratic 
     reform.
       (B) Pro-democracy activity.--The term ``pro-democracy 
     activity'' means activity taken to promote democracy.
       (5) Russian individual in exile.--The term ``Russian 
     individual in exile'' means a Russian individual who has been 
     unable to return to the Russian Federation since February 24, 
     2022, because of a credible threat of persecution.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (b) Findings; Sense of Congress.--
       (1) Findings.--Congress finds the following:
       (A) The United States has sought to support democracy in 
     the Russian Federation and with Russian individuals since 
     1991, including through programming by the United States 
     Agency for International Development (referred to in this 
     subsection as ``USAID'') valued at $3,000,000,000 between 
     1992 and 2012 to support democracy, economic growth, health, 
     women, and youth in the Russian regions.
       (B) In May 1997, the North Atlantic Treaty Organization 
     (referred to in this section as ``NATO'') and the Russian 
     Federation signed the NATO-Russia Founding Act, which 
     established a NATO-Russia Permanent Joint Council to build 
     trust and communication between the two parties.
       (C) Numerous nongovernmental organizations in the United 
     States, including the National Endowment for Democracy, the 
     American Councils, and the Institute of International 
     Education have worked to support Russian individuals and 
     build ties between the people of the United States and the 
     Russian Federation.
       (D) In 2012, the Russian Federation expelled the USAID, 
     rejecting assistance meant to support Russian individuals and 
     harming the United States-Russian Federation bilateral 
     relationship.
       (E) In May 2015, the Russian Federation enacted a law that 
     permits Russian authorities to extrajudicially shut down 
     foreign and international organizations operating in Russia 
     by declaring them to be ``undesirable''. Russian authorities 
     have since labeled as undesirable numerous nongovernmental 
     organizations that have worked to strengthen the relationship 
     between the United States and the Russian Federation, 
     including the National Endowment for Democracy, the American 
     Councils, and the Institute of International Education.
       (F) The Russian Federation launched an illegal and 
     unprovoked invasion of Ukraine in 2014 and a brutal, full-
     scale invasion of

[[Page S5428]]

     Ukraine in 2022, which caused NATO to suspend cooperation 
     with the Russian Federation.
       (G) Russian opposition leader, pro-democracy activist, and 
     anti-corruption campaigner Alexei Navalny died in a Russian 
     prison on February 16, 2024, the day after he appeared in 
     court in a healthy condition.
       (H) Pulitzer Prize-winning human rights advocate, 
     historian, and opposition leader Vladimir Kara-Murza is 
     suffering from declining health while serving an illegal 25-
     year jail term that was imposed in retaliation for his 
     support for democracy in the Russian Federation and his 
     criticism of the Kremlin's war against Ukraine.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) the efforts of the Russian Federation to isolate its 
     people from the world, commit horrific war crimes in Ukraine, 
     and violently crack down on dissent at home should be 
     universally condemned; and
       (B) Congress will continue its efforts to engage with and 
     support Russian individuals, many of whom are opposed to the 
     unjust war by the Russian Federation against Ukraine and 
     believe in a democratic future for their country.
       (c) Russians in Exile Affairs Unit.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary and the 
     Administrator of USAID, in coordination with the heads of 
     other relevant agencies and departments, shall submit a 
     report to the appropriate congressional committees containing 
     a plan for establishing a ``Russians in Exile Affairs Unit'' 
     (referred to in this subsection as the ``Unit'').
       (2) Required elements.--The report required under paragraph 
     (1) shall contain--
       (A) a plan for establishing and staffing the Unit;
       (B) a description of how the Department of State and USAID 
     will carry out the responsibilities described in paragraph 
     (3);
       (C) the estimated annual appropriations required to carry 
     out such responsibilities;
       (D) 3 potential locations in Europe at which the 
     headquarters of the Unit could be located;
       (E) the advantages and disadvantages of establishing the 
     Unit;
       (F) an estimate of the number of Russian individuals in 
     exile; and
       (G) an assessment of Russian individuals in exile, 
     including--
       (i) the reasons such individuals left the Russian 
     Federation, particularly in relation to--

       (I) the invasion of Ukraine in 2022; and
       (II) increased political repression in the Russian 
     Federation;

       (ii) how such individuals have been engaged since leaving 
     the Russian Federation; and
       (iii) how United States officials and intermediaries have 
     communicated with such individuals since the invasion of 
     Ukraine in 2022.
       (3) Duties.--The Unit shall--
       (A) facilitate communication and engagement with pro-
     democracy activists who are Russian individuals in exile;
       (B) report on human rights issues that impact Russian 
     individuals in exile;
       (C) coordinate interagency and international efforts to 
     combat Russian Federation-sponsored transnational repression;
       (D) support Russian individuals in exile who remain outside 
     the Russian Federation because of fear for their safety;
       (E) lead engagement with European and Eurasian governments 
     and private sector companies to resolve issues impacting 
     Russian individuals in exile;
       (F) assess challenges and develop solutions to problems 
     faced by Russian individuals in exile, including--
       (i) access to bank accounts, credit cards, and online 
     payment platforms;
       (ii) issuance of travel documents, visas, and work permits; 
     and
       (iii) the ability to use technology platforms owned by 
     companies in the United States and Europe to communicate with 
     Russian individuals;
       (G) evaluate the feasibility of developing a 
     ``whitelist''--
       (i) to which a Russian pro-democracy activist can apply to 
     be recognized by the Department of State as a credible 
     Russian non-state actor; and
       (ii) that the Secretary shall provide to social media 
     companies, technology companies, financial institutions, 
     academic institutions, and other stakeholders in the United 
     States to encourage institutional engagement with the Russian 
     pro-democracy activist community, including by--

       (I) facilitating financial transactions;
       (II) monetizing media content produced by pro-democratic 
     activists in the Russian Federation; and
       (III) purchasing political advertisements for distribution 
     inside the Russian Federation;

       (H) collect, facilitate, and assess evidence, presented by 
     members of the Russian pro-democracy activist community, 
     regarding significant human rights violations and corruption 
     perpetrated by individuals connected to Vladimir Putin, 
     including individuals who are responsible for implementing 
     war by the Russian Federation against Ukraine and undermining 
     democracy in the Russian Federation; and
       (I) develop a data-driven approach to efficiently use 
     resources to engage with Russian individuals in exile in the 
     countries where they reside.
       (d) Supporting Operations of Independent Media and Civil 
     Society.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) state-sponsored Russian-language propaganda and 
     disinformation in Eastern Europe and Central Asia sows 
     discord and instrumentalizes Russian-speaking individuals to 
     further disseminate propaganda and disinformation;
       (B) professional independent journalism informed by local 
     voices can provide Russian-speaking individuals with 
     reliable, accurate information that will mitigate the harmful 
     influence of Kremlin-aligned propaganda and disinformation; 
     and
       (C) because there is no clear dividing line between Russian 
     individuals residing inside the Russian Federation and 
     Russian individuals in exile because they are part of the 
     same community of pro-democracy activists, assistance in the 
     interest of benefitting future democracy in the Russian 
     Federation may be channeled through Russian pro-democracy 
     activists in exile, including support for the development and 
     expansion of pro-democracy grassroots initiatives and a civic 
     infrastructure that is no longer possible within the Russian 
     Federation.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $40,000,000, for each of the fiscal years 
     2024 through 2027 to USAID and the Bureau for Democracy, 
     Human Rights, and Labor of the Department of State to support 
     independent media and civil society in Russia, Eastern 
     Europe, and Central Asia that are providing reliable and 
     fact-based news to Russian-speaking populations and 
     furthering the development of pro-democracy activity within 
     the country.
       (e) Preventing Wrongful Detentions.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the Office of the Special Presidential Envoy for 
     Hostage Affairs, which was established by section 303 of the 
     Robert Levinson Hostage Recovery and Hostage-Taking 
     Accountability Act (22 U.S.C. 1741a), conducts crucially 
     important work to bring home United States citizens who are 
     wrongfully detained, including successfully securing the 
     release from the Russian Federation of United States citizens 
     Trevor Reed and Brittney Griner;
       (B) United States citizens should not travel to the Russian 
     Federation or other countries with a history of wrongfully 
     detaining United States citizens in an attempt to gain 
     leverage over the United States;
       (C) the Russian Federation should immediately release the 
     United States citizens and nationals who have been wrongfully 
     detained in Russia, including Alsu Kurmasheva, Evan 
     Gershkovich, Paul Whelan, and Vladimir Kara-Murza, and the 
     United States Government should continuously pursue their 
     release;
       (D) Vladimir Kara-Murza and Alsu Kurmasheva meet the 
     criteria for ``wrongful detention'' under the Robert Levinson 
     Hostage Recovery and Hostage-Taking Accountability Act (22 
     U.S.C. 1741 et seq.) and the United States should designate 
     them accordingly; and
       (E) the Russian Federation should meet the basic needs and 
     respect the human rights of all United States citizens in its 
     custody.
       (2) Disclosure and acknowledgment of risk by air 
     transportation passengers.--
       (A) In general.--Section 44907 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(g) Disclosure and Acknowledgment of Risk of Russian 
     Federation Wrongful Detention.--Notwithstanding any other 
     provision of law and without regard to whether the Secretary 
     of Transportation conducts an assessment under subsection 
     (a), takes other action under this section, or provides other 
     notice under this section, each air carrier and foreign air 
     carrier that provides passenger air transportation between 
     the United States and the Russian Federation, and any online 
     marketplace selling such passenger air transportation, shall, 
     when issuing a ticket to a passenger for any travel itinerary 
     that begins in the United States and concludes in, has a 
     connecting flight within, or passes through the Russian 
     Federation--
       ``(1) provide a warning about the history of the Russian 
     Federation wrongfully detaining United States citizens and 
     citizens of other countries; and
       ``(2) obtain an acknowledgment from each such passenger 
     that the passenger understands the risk of possible wrongful 
     detention for any travel itinerary that concludes in, has a 
     connecting flight within, or passes through the Russian 
     Federation.''.
       (B) Report.--Section 44938(a) of title 49, United States 
     Code, is amended--
       (i) in paragraph (9), by striking ``and'' at the end;
       (ii) by redesignating paragraph (10) as paragraph (11); and
       (iii) by inserting after paragraph (9) the following:
       ``(10) an assessment of the activities carried out under 
     section 44907(g) of this title; and''.
       (C) Effective date.--The amendments made by subparagraphs 
     (A) and (B) shall take effect on the date that is 60 days 
     after the date of enactment of this Act.
       (f) Status of Exiled Russian Individuals in Europe.--It is 
     the sense of Congress that the Secretary should urge the 
     European Commission of the European Union and

[[Page S5429]]

     other relevant European government agencies to provide legal 
     documentation to appropriately vetted Russian individuals in 
     exile who face a credible threat of persecution in the 
     Russian Federation.
       (g) Diplomatic Missions for Consular Services.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Secretary shall designate at least 3 additional diplomatic 
     missions to provide consular services for citizens of the 
     Russian Federation in countries--
       (1) that have direct flights from the Russian Federation or 
     in which land borders with the Russian Federation remain 
     passable; or
       (2) in which large numbers of citizens of the Russian 
     Federation who left the Russian Federation on or after 
     February 24, 2022 reside.
       (h) Recognition of Expired Russian Federation Passports.--
     Not later than 180 days after the date of the enactment of 
     this Act, the United States shall implement a process for 
     recognizing expired Russian Federation passports until the 
     Secretary certifies to the appropriate congressional 
     committees and to the Commissioner for U.S. Customs and 
     Border Protection that it is safe for a Russian individual in 
     exile to return to the Russian Federation or a diplomatic 
     facility of the Russian Federation for document renewal.

     SEC. 1440A. SUPPORTING BELARUSIAN DEMOCRATIC FORCES IN EXILE.

       (a) Findings.--Congress finds the following:
       (1) Sviatlana Tsikhanouskaya was the apparent winner of the 
     2020 Belarusian presidential election, in which the people of 
     Belarus voted in record numbers, in an impressive display of 
     their commitment to democracy.
       (2) Alyaksandr Lukashenka brutally cracked down upon the 
     thousands of peaceful protestors that turned out in protest 
     of election fraud by the Lukashenka regime, arbitrarily 
     detaining more than 35,000 individuals and subjecting many of 
     these individuals to torture.
       (3) The Lukashenka regime continues to unjustly imprison 
     more than 1,500 people, including opposition leaders Viktar 
     Babaryka, Siarhei Tsikhanouski, Maria Kalesnikava, Radio Free 
     Europe/Radio Liberty journalists Andrey Kuznechyk and Ihar 
     Losik, and Ihar Losik's wife Darya Losik.
       (4) The Lukashenka regime has facilitated the Russian 
     Federation's illegal war against Ukraine, including by 
     allowing the Russian Federation to fire ballistic missiles 
     and launch offensive strikes against Ukraine from the 
     territory of Belarus for the purpose of invading Ukraine.
       (5) The Lukashenka regime has a policy of forcing 
     Belarusian pro-democracy activists to return to Minsk for 
     renewal of documents vital to maintaining their residency 
     status in a safe third country, placing these Belarusians at 
     risk of detention and torture.
       (b) Status of Exiled Belarusian Individuals in Europe.--It 
     is the sense of Congress that the Secretary should urge the 
     European Commission of the European Union and other relevant 
     European government agencies to provide legal documentation 
     to appropriately vetted Belarusian individuals in exile who 
     face a credible threat of persecution in Belarus.
       (c) Helping Belarusian Individuals Fleeing 
     Authoritarianism.--
       (1) Statelessness designation.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary 
     shall designate citizens of Belarus as stateless persons for 
     the purpose of processing visas for Belarusian citizens until 
     the Secretary certifies to appropriate congressional 
     committees that the United States has consular representation 
     in Minsk.
       (2) Extended documentation.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of Homeland Security shall 
     develop a process for recognizing expired Belarusian 
     passports until the Secretary certifies to the appropriate 
     congressional committees and to the Commissioner for U.S. 
     Customs and Border Protection that it is safe for a 
     Belarusian individual in exile to return to Belarus for 
     document renewal.
       (3) Report.--Not later than 60 days after enactment of this 
     Act, the Secretary of Homeland Security, in coordination with 
     the Secretary of State, shall submit a report outlining 
     whether Belarus meets the criteria for a designation of 
     temporary protected status under section 244 of the 
     Immigration Act of 1990 (8 U.S.C. 1254a), and if so, whether 
     the Secretary of Homeland Security intends to make such a 
     designation.

     SEC. 1440B. CODIFICATION OF CERTAIN SANCTIONS WITH RESPECT TO 
                   THE RUSSIAN FEDERATION.

       (a) In General.--United States sanctions provided for in 
     the Executive orders specified in subsection (b), as in 
     effect on the day before the date of the enactment of this 
     Act shall remain in effect except as provided in subsection 
     (c).
       (b) Executive Orders Specified.--Executive orders specified 
     in this section are--
       (1) Executive Order 13849 (22 U.S.C. 9521 note; relating to 
     authorizing the implementation of certain sanctions set forth 
     in the Countering America's Adversaries Through Sanctions Act 
     (22 U.S.C. 9401 et seq.));
       (2) Executive Order 13883 (22 U.S.C. 5605 note; relating to 
     administration of proliferation sanctions and amendment of 
     Executive Order 12851 (22 U.S.C. 2797 note; relating to the 
     administration of proliferation sanctions, Middle East arms 
     control, and related congressional reporting 
     responsibilities));
       (3) Executive Order 14024 (50 U.S.C. 1701 note; relating to 
     blocking property with respect to specified harmful foreign 
     activities of the Government of the Russian Federation);
       (4) Executive Order 14039 (22 U.S.C. 9526 note; relating to 
     blocking property with respect to certain Russian energy 
     export pipelines);
       (5) Executive Order 14065 (50 U.S.C. 1701 note; relating to 
     blocking property of certain persons and prohibiting certain 
     transactions with respect to continued Russian efforts to 
     undermine the sovereignty and territorial integrity of 
     Ukraine);
       (6) Executive Order 14066 (50 U.S.C. 1701 note; relating to 
     prohibiting certain imports and new investments with respect 
     to continued Russian Federation efforts to undermine the 
     sovereignty and territorial integrity of Ukraine);
       (7) Executive Order 14068 (50 U.S.C. 1701 note; relating to 
     prohibiting certain imports, exports, and new investment with 
     respect to continued Russian Federation aggression);
       (8) Executive Order 14071 (50 U.S.C. 1701 note; relating to 
     prohibiting new investment in and certain services to the 
     Russian Federation in response to continued Russian 
     Federation aggression); and
       (9) Executive Order 14114 (88 Fed. Reg. 89271; relating to 
     taking additional steps with respect to the Russian 
     Federation's harmful activities).
       (c) Termination of Sanctions.--The President may terminate 
     the application of sanctions under subsection (a) with 
     respect to a person if the President certifies to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Banking, Housing, and Urban Affairs of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Financial Services of the House of 
     Representatives that--
       (1) such person--
       (A) is not engaging in the activity that was the basis for 
     such sanctions; or
       (B) has taken significant, verifiable steps toward stopping 
     the activity that was the basis for such sanctions; and
       (2) the President has received reliable assurances that 
     such person will not knowingly engage in any activity subject 
     to sanctions in the future.
       (d) Exceptions.--
       (1) Definitions.--In this subsection:
       (A) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given such term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (B) Good.--The term ``good'' means any article, natural or 
     manmade substance, material, supply, or manufactured product, 
     including inspection and test equipment, and excluding 
     technical data.
       (C) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (D) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (2) Exception relating to importation of goods.--A 
     requirement to block and prohibit all transactions in all 
     property and interests in property referred to in subsection 
     (b) shall not include the authority or a requirement to 
     impose sanctions on the importation of goods.
       (3) Exception to comply with the united nations 
     headquarters agreement and law enforcement activities.--
     Sanctions specified in subsection (b) shall not apply with 
     respect to the admission of an alien to the United States if 
     admitting or paroling the alien into the United States is 
     necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations of the 
     United States; or
       (B) to carry out or assist authorized law enforcement 
     activity in the United States.
       (4) Exception to comply with intelligence activities.--
     Sanctions specified in subsection (b) shall not apply to any 
     activity subject to the reporting requirements under title V 
     of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) 
     or any authorized intelligence activities of the United 
     States.
       (5) Humanitarian assistance.--Sanctions specified in 
     subsection (b) shall not apply to--
       (A) the conduct or facilitation of a transaction for the 
     provision of agricultural commodities, food, medicine, 
     medical devices, humanitarian assistance, or for humanitarian 
     purposes; or
       (B) transactions that are necessary for, or related to, the 
     activities described in subparagraph (A).
                                 ______
                                 
  SA 3107. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

[[Page S5430]]

  


     SEC. 1291. IMPOSITION OF SANCTIONS WITH RESPECT TO SYSTEMATIC 
                   RAPE, COERCIVE ABORTION, FORCED STERILIZATION, 
                   OR INVOLUNTARY CONTRACEPTIVE IMPLANTATION IN 
                   THE XINJIANG UYGHUR AUTONOMOUS REGION.

       (a) In General.--Section 6(a)(1) of the Uyghur Human Rights 
     Policy Act of 2020 (Public Law 116-145; 22 U.S.C. 6901 note) 
     is amended--
       (1) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (2) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) Systematic rape, coercive abortion, forced 
     sterilization, or involuntary contraceptive implantation 
     policies and practices.''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a)--
       (1) takes effect on the date of the enactment of this Act; 
     and
       (2) applies with respect to each report required by section 
     6(a)(1) of the Uyghur Human Rights Policy Act of 2020 
     submitted after such date of enactment.
                                 ______
                                 
  SA 3108. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.

       (a) Authority.--There is established an initiative, to be 
     known as the ``Infrastructure Transaction and Assistance 
     Network'', under which the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development and the heads of other 
     relevant Federal agencies, as appropriate, shall carry out 
     programs to advance the development of sustainable, 
     transparent, and quality infrastructure globally in countries 
     that are eligible for foreign assistance, by--
       (1) strengthening the capacities of United States allies 
     and partners to improve infrastructure project evaluation 
     processes, regulatory and procurement environments, and 
     infrastructure project preparation;
       (2) providing transaction advisory services and project 
     preparation assistance to support sustainable infrastructure; 
     and
       (3) coordinating the provision of United States assistance 
     for the development of infrastructure, including 
     infrastructure that utilizes United States-manufactured goods 
     and services, and catalyzing investment led by the private 
     sector.
       (b) Transaction Advisory Fund.--As part of the 
     Infrastructure Transaction and Assistance Network described 
     under subsection (a), the Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development, and in consultation, as 
     appropriate, with other Federal departments and agencies, 
     shall provide support, including through the Transaction 
     Advisory Fund, for advisory services to help boost the 
     capacity of partner countries globally to evaluate contracts 
     in line with international standards, including through 
     providing services such as--
       (1) legal services, including with the objectives of--
       (A) minimizing opportunities for corrupt practices; and
       (B) ensuring agreements are transparent, clear, and 
     enforceable;
       (2) project preparation and feasibility studies;
       (3) debt sustainability analyses;
       (4) bid or proposal evaluation; and
       (5) other services relevant to advancing the development of 
     sustainable, transparent, and quality infrastructure.
       (c) Indo-Pacific Strategic Infrastructure Fund.--
       (1) In general.--As part of the ``Infrastructure 
     Transaction and Assistance Network'' described under 
     subsection (a), the Secretary of State is authorized to 
     provide support, including through the Indo-Pacific Strategic 
     Infrastructure Fund, for technical assistance, project 
     preparation, development, and execution, and other 
     infrastructure project support in the countries of the Indo-
     Pacific region.
       (2) Joint infrastructure projects.--Funds authorized for 
     the Indo-Pacific Strategic Infrastructure Fund should be used 
     in coordination with the Department of Defense, the 
     International Development Finance Corporation, the Export-
     Import Bank of the United States, the United States Trade and 
     Development Agency, like-minded donor partners, and 
     multilateral banks, as appropriate, to support joint 
     infrastructure projects in the Indo-Pacific region.
       (3) Strategic infrastructure projects.--Funds authorized 
     for the Indo-Pacific Strategic Infrastructure Fund should be 
     used to support strategic infrastructure projects.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated, for each of fiscal years 2025 through 
     2029, $50,000,000 for the Transaction Advisory Fund and 
     $100,000,000 for the Indo-Pacific Strategic Infrastructure 
     Fund.
       (e) Strategic Infrastructure Defined.--In this section, the 
     term ``strategic infrastructure'' means infrastructure where 
     a primary driver of United States national interest in such 
     infrastructure is--
       (1) to advance United States national security or economic 
     security interest or those of the country in which the 
     infrastructure is located; or
       (2) to deny the People's Republic of China of ownership or 
     control over such infrastructure.
                                 ______
                                 
  SA 3109. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. GLOBAL STRATEGIC INFRASTRUCTURE INVESTMENT FUND.

       (a) Strategic Infrastructure Investment Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Global 
     Strategic Infrastructure Fund'' (in this section referred to 
     as the ``Fund'') for the Secretary of State to provide for 
     assistance, including through contributions for strategic 
     infrastructure projects globally as authorized under this 
     section.
       (2) Appropriations.--In addition to amounts otherwise 
     available for such purposes, there is appropriated to the 
     Fund established in subsection (a)(1), out of amounts in the 
     Treasury not otherwise appropriated--
       (A) for fiscal year 2025, $400,000,000, to remain available 
     until expended;
       (B) for fiscal year 2026, $400,000,000, to remain available 
     until expended;
       (C) for fiscal year 2027, $400,000,000, to remain available 
     until expended;
       (D) for fiscal year 2028, $400,000,000, to remain available 
     until expended; and
       (E) for fiscal year 2029, $400,000,000, to remain available 
     until expended.
       (3) Transfer authority.--Amounts in the Fund shall be 
     transferred and merged with accounts within the Department of 
     State, the United States Agency for International 
     Development, the Export-Import Bank of the United States, the 
     United States International Development Finance Corporation, 
     the Millennium Challenge Corporation, and the United States 
     Trade and Development Agency, as appropriate, to be used for 
     such purposes.
       (4) Consultation.--The Secretary of State shall consult 
     with the Administrator of the United States Agency for 
     International Development on the allocations of the Fund.
       (5) Loans and loan guarantees.--Amounts transferred from 
     the Fund to the Export-Import Bank and the United States 
     International Development Finance Corporation, among other 
     purposes, may be made available for the costs of direct loans 
     and loan guarantees, including the cost of modifying such 
     loans and loan guarantees, as defined in section 502 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a).
       (b) Prioritization.--In evaluating proposals for strategic 
     infrastructure projects funded pursuant to subsection (a), 
     the Secretary of State shall prioritize--
       (1) projects that have the highest strategic value to the 
     United States; and
       (2) projects related to--
       (A) strategic transport infrastructure, including ports, 
     airports, railroads, and highways;
       (B) energy infrastructure, technology, and supply chains, 
     critical minerals, and related areas that align with the 
     officially conveyed energy needs of partner countries and 
     with the objective of maximizing such countries' energy 
     access, energy security, energy transition, and resilience 
     needs.
       (C) secure information and communications technology 
     networks and infrastructure to strengthen the potential for 
     economic growth and to promote an open, interoperable, 
     reliable, and secure internet; and
       (D) global health security, including through 
     infrastructure projects that increase the availability, 
     accessibility, and affordability of health care in partner 
     countries.
       (c) Standards.--In evaluating proposals for strategic 
     infrastructure projects funded pursuant to subsection (a), 
     the Secretary of State shall adhere to standards for 
     sustainable, transparent, and quality infrastructure 
     investment and ensure projects include opportunities to 
     advance economic growth priorities in the partner country and 
     support good governance and the rule of law.
       (d) Projects in High Income Countries.--Support provided 
     under the Fund shall not be provided in countries with high-
     income economies (as those terms are defined by the World 
     Bank) unless the President certifies to the appropriate 
     committees of Congress that such support--
       (1) is necessary to preempt or counter efforts by a 
     strategic competitor of the United States to secure 
     significant political or economic leverage or acquire 
     national security-sensitive technologies or infrastructure in 
     a country that is an ally or partner of the United States; 
     and
       (2) includes cost-sharing arrangements with partner 
     countries to ensure effective burden-sharing and long-term 
     sustainability.
       (e) Definitions.--In this section:

[[Page S5431]]

       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Strategic infrastructure.--The term ``strategic 
     infrastructure'' means infrastructure where a primary driver 
     of United States national interest in such infrastructure 
     is--
       (A) to advance United States national security or economic 
     security interest or those of the country in which the 
     infrastructure is located; or
       (B) to deny the People's Republic of China of ownership or 
     control over such infrastructure.
                                 ______
                                 
  SA 3110. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. AUTHORIZATION OF PARTNERSHIP FOR GLOBAL 
                   INFRASTRUCTURE AND INVESTMENT.

       (a) Establishment.--There shall be an office at the 
     Department of State to support the Partnership for Global 
     Infrastructure and Investment, or a successor entity 
     (hereafter, ``the Office''). The Office shall be led by a 
     ``Coordinator for Global Infrastructure and Investment'' 
     (hereafter, ``the Coordinator'') who shall be an official 
     serving in a position to which the individual was appointed 
     by the President, with the advice and consent of the United 
     States Senate.
       (b) Authority.--The Coordinator shall have the authority to 
     convene the interagency on matters relating to its policy 
     remit. The Office is authorized to deploy United States 
     public and private sector capital and expertise for the 
     purpose of mobilizing foreign public and private sector 
     capital and expertise--
       (1) to help identify and meet the strategic infrastructure 
     needs of countries that are allies and partners of the United 
     States; and
       (2) to provide allies and partners of the United States 
     with mutually beneficial strategic infrastructure investment 
     solutions that are alternatives to exploitative, coercive, or 
     harmful foreign infrastructure investments.
       (c) Prioritization.--In evaluating proposals for strategic 
     infrastructure projects funded through the Partnership for 
     Global Infrastructure and Investment, the Secretary of State, 
     in consultation with other departments and agencies as 
     appropriate, should prioritize--
       (1) projects that have the highest strategic value to the 
     United States; and
       (2) projects related to--
       (A) strategic transport infrastructure, including ports, 
     airports, intermodal transfer facilities, railroads, and 
     highways;
       (B) energy infrastructure, technology, and supply chains, 
     critical minerals, and related areas that align with the 
     energy needs of partner countries and with the objective of 
     maximizing such countries' energy access, energy security, 
     energy transition and modernization, and resilience needs.
       (C) secure information and communications technology 
     systems, networks, and infrastructure to strengthen the 
     potential for economic growth and promote an open, 
     interoperable, reliable, and secure Internet; and
       (D) global health security, including through 
     infrastructure projects that increase the availability, 
     accessibility, and affordability of health care in partner 
     countries.
       (d) Standards.--In carrying out the purposes described in 
     subsection (b), the Secretary of State shall adhere to 
     standards for sustainable, transparent, and quality 
     infrastructure investment and ensure interventions include 
     opportunities to advance economic growth priorities in 
     relevant sectors in the partner country and support good 
     governance and the rule of law.
       (e) Projects in High-income Countries.--Support provided by 
     the United States under the Partnership for Global 
     Infrastructure and Investment shall not be provided in 
     countries with high-income economies (as those terms are 
     defined by the World Bank) unless the Secretary certifies to 
     the appropriate congressional committees that such support--
       (1) is necessary to attempt to preempt or counter efforts 
     by a strategic competitor of the United States to secure 
     significant political or economic leverage or acquire 
     national security-sensitive technologies or infrastructure in 
     a country that is an ally or partner of the United States; 
     and
       (2) includes cost-sharing arrangements with partner 
     countries to ensure effective burden-sharing and long-term 
     sustainability, including through the involvement of private 
     sector investments.
       (f) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for a 
     period of two years, the Secretary of State, in consultation 
     with the Administrator for the United States Agency for 
     International Development and the heads of other Federal 
     departments and agencies, as appropriate, shall submit a 
     report to the appropriate committees of Congress that--
       (A) identifies all current infrastructure projects 
     supported by the Partnership for Global Infrastructure and 
     Investment;
       (B) describes how the Partnership for Global Infrastructure 
     and Investment supported each project;
       (C) explains the rationale of the United States and partner 
     country interests served by the United States providing 
     support to such projects, including as it relates to the 
     priorities described in subsection (c);
       (D) describes how the Partnership for Global Infrastructure 
     and Investment cooperates with other entities in the United 
     States Government that support infrastructure, including de-
     confliction of efforts; and
       (E) to the extent possible, describes the estimated 
     timeline for completion of the projects supported by the 
     Partnership for Global Infrastructure and Investment.
       (2) Form of report.--The report required under paragraph 
     (1) shall be submitted in unclassified form, but may include 
     a classified annex.
       (g) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Strategic infrastructure.--The term ``strategic 
     infrastructure'' means infrastructure where a primary driver 
     of United States national interest in such infrastructure 
     is--
       (A) to advance United States national security or economic 
     security interest or those of the country in which the 
     infrastructure is located; or
       (B) to deny the People's Republic of China of ownership or 
     control over such infrastructure.
                                 ______
                                 
  SA 3111. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. STRENGTHENING PUBLIC REPORTING ON CORRUPTION.

       (a) Sense of Congress.-- It is the sense of the Congress 
     that--
       (1) the PRC and its representatives are engaged in 
     corruption across the globe, targeting public sector 
     officials with the goal of inducing them to make official 
     decisions that suit the interests of the PRC in exchange for 
     personal financial gain;
       (2) people across the globe do not want leaders who make 
     deals to enrich themselves and their families in exchange for 
     their country's natural resources or agreeing to take on 
     onerous national debts and loans, which the nation will be 
     forced to pay back; and
       (3) uncovering and bringing to light evidence of this sort 
     of corruption serves the objective of empowering people 
     everywhere to bring such practices to end.
       (b) Authorization of Funding for Public Reporting on 
     Corruption and Corrupt Practices.--
       (1) In general.--The Secretary of State shall support and 
     strengthen media and civil society initiatives to uncover and 
     report on evidence of corruption, with a goal of bringing to 
     light the corrupt practices of the PRC and its 
     representatives in every region, and the local leaders who 
     are accepting these payments.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated an additional $3,000,000 for each of 
     fiscal years 2025 through 2029 for the Secretary of State to 
     carry out this section.
                                 ______
                                 
  SA 3112. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. INCLUSION OF SURVEILLANCE TECHNOLOGY ABUSE IN 
                   HUMAN RIGHTS REPORT.

       The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
     is amended--
       (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
     the following new subsection:
       ``(h) Surveillance Technology.--
       ``(1) In general.--The report required under subsection (d) 
     shall to the extent feasible include a description of the use 
     of foreign commercial spyware by the government of each 
     country in which there are systematic acts of political 
     repression, to conduct surveillance, including passive or 
     active monitoring, against activists, journalists, opposition 
     politicians, or other individuals

[[Page S5432]]

     for the purposes of suppressing dissent or intimidating 
     critics.
       ``(2) Defined term.--In this subsection, the term `foreign 
     commercial spyware' means the term referred to in section 
     6318 of the James M. Inhofe National Defense Authorization 
     Act for Fiscal Year 2023 (Public Law 117-263).''; and
       (2) in section 502B (22 U.S.C. 2304)--
       (A) by redesignating the second subsection designated 
     subsection (i) as subsection (j); and
       (B) by adding at the end the following new subsection:
       ``(k) Surveillance Technology.--
       ``(1) In general.--The report required under subsection (b) 
     shall to the extent feasible include a description of the use 
     of foreign commercial spyware by the government of each 
     country in which there are systematic acts of political 
     repression, to conduct surveillance, including passive or 
     active monitoring, against activists, journalists, opposition 
     politicians, or other individuals for the purposes of 
     suppressing dissent or intimidating critics.
       ``(2) Defined term.--In this subsection, the term `foreign 
     commercial spyware' means the term referred to in section 
     6318 of the James M. Inhofe National Defense Authorization 
     Act for Fiscal Year 2023 (Public Law 117-263).''.
                                 ______
                                 
  SA 3113. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. PROTECTING HUMAN RIGHTS DEFENDERS AT THE UNITED 
                   NATIONS AND OTHER MULTILATERAL BODIES.

       The Secretary of State and the United States Permanent 
     Representative to the United Nations shall use the voice, 
     vote, and influence of the United States at the United 
     Nations and other multilateral bodies--
       (1) to oppose efforts by the PRC and other authoritarian 
     actors to prevent the full participation of civil society 
     actors, including human rights defenders, and block the 
     accreditation of non-governmental organizations at the United 
     Nations and other multilateral bodies;
       (2) to ensure that the United Nations bolsters the 
     protection and safe participation of civil society actors who 
     are subject to transnational repression, state-sponsored 
     harassment, and reprisals by the PRC and other governments;
       (3) to increase monitoring and reporting to identify and 
     track reprisals against human rights defenders, who engage 
     with the United Nations and other multilateral bodies;
       (4) to oppose efforts by the PRC and other authoritarian 
     actors to sponsor the participation of government-organized 
     nongovernmental organizations in the Committee on Non-
     Governmental Organizations of United Nations Economic and 
     Social Council, which organizations are used as instruments 
     of the state, including to repress participation and debate 
     by legitimate civil society actors;
       (5) to support the use of targeted sanctions, censure of 
     member states, and all diplomatic tools, including working 
     with other foreign governments, available to hold accountable 
     persons that engage in reprisals against human rights 
     defenders; and
       (6) to oppose efforts by the PRC to reduce funding for 
     human rights monitoring and civilian protection posts within 
     Security Council approved United Nations peacekeeping 
     missions.
                                 ______
                                 
  SA 3114. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. ASSISTANCE TO ADVANCE FOREIGN INVESTMENT SCREENING 
                   OF UNITED STATES ALLIES AND PARTNERS TO PROTECT 
                   NATIONAL INTERESTS.

       (a) Technical Assistance to Foreign Partners.--The 
     Secretary of State, in consultation with the Secretary of the 
     Treasury and, as appropriate, the heads of other Federal 
     departments and agencies as the President determines 
     appropriate, shall offer to provide technical assistance to 
     the governments of countries that are allies and partners of 
     the United States in establishing or improving legislative 
     and regulatory frameworks to screen foreign investment for 
     national security risks that are, to the extent possible, 
     similar to the frameworks set forth in section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565).
       (b) Engagement With Foreign Partners.--In carrying out 
     subsection (a), the Secretary of State, in consultation with 
     the Secretary of the Treasury and, as appropriate, the heads 
     of other Federal departments and agencies, shall actively 
     encourage the government of each country that is an ally or 
     partner of the United States--
       (1) to establish transparent protocols for screening 
     foreign investment that protect the national security 
     interests of such country; and
       (2) to make decisions on the basis of the potential 
     national security risk of such investments.
       (c) Diplomatic Engagement.--In providing the technical 
     assistance described in subsection (b), the Secretary of 
     State shall--
       (1) consult closely with the intended recipient of such 
     assistance to reach a mutual understanding regarding the 
     scope and nature of the country's particular national 
     security needs with respect to investment screening and the 
     appropriate response to meet those needs, and take all 
     reasonable care to ensure any screening process is 
     transparent and national security-focused;
       (2) encourage governments of countries receiving technical 
     assistance to establish or improve the regulatory and 
     legislative frameworks to screen foreign investment as 
     described in subsection (b) to meet the security identified 
     pursuant to paragraph (1); and
       (3) prioritize the conduct of diplomatic engagement with 
     government officials, including legislators, from countries 
     whose cooperation in foreign investment screening is deemed 
     by the Secretary to be critical to the interests of the 
     United States.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State for fiscal year 
     2025 $10,000,000 to carry out this section, which may be 
     administered either by the Department of State or the United 
     States Agency for International Development.
                                 ______
                                 
  SA 3115. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. STRATEGIC PORTS INITIATIVE.

       (a) In General.--The Secretary of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development, the Chief Executive Officer of 
     United States International Development Finance Corporation, 
     the Trade and Development Agency, and other relevant Federal 
     departments and agencies, as appropriate, shall carry out a 
     program entitled the ``Strategic Ports Initiative'' for the 
     following purposes:
       (1) To provide training and technical assistance to partner 
     country officials and institutions, and others, as 
     appropriate, responsible for building, managing, and securing 
     seaports, airports, and related infrastructure abroad.
       (2) To identify ports and airports vulnerable to ownership 
     or other forms of control by strategic competitors, including 
     the PRC, and make recommendations for United States 
     Government action.
       (3) To contribute to United States Government diplomatic 
     engagements and other efforts with partner countries and 
     economies, and relevant and trusted private sector entities 
     with respect to ownership or control of seaports and airports 
     by strategic competitors, including the PRC.
       (4) To generate priority countries and projects for United 
     States assistance and investment, including through 
     coordination with the Infrastructure Coordination Task Force 
     established pursuant to section 161.
       (5) To ensure that all Department of State initiatives, 
     activities, and funding related to seaports and airports 
     align with the national security interests of the United 
     States and account for the vulnerabilities, technical 
     constraints, and other national security implications of 
     seaport and airport infrastructure to construction, 
     ownership, operation, or other forms of direct and indirect 
     control by strategic competitors, including the PRC.
       (6) To ensure, to the greatest extent practicable, that 
     projects supported by the United States use local labor and 
     professional capacities, in contrast to infrastructure 
     projects carried out by the PRC.
       (7) To assist in identifying and promoting alternatives for 
     port logistics data management systems currently offered by 
     strategic competitors, including the PRC.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated, for each of fiscal years 2025 through 
     2029, $6,000,000 to carry out the purposes of the Strategic 
     Ports Initiative.
                                 ______
                                 
  SA 3116. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

[[Page S5433]]

  


     SEC. 1266. FINDINGS RELATED TO THE PEOPLE'S REPUBLIC OF 
                   CHINA'S INDUSTRIAL POLLUTION.

       Congress makes the following findings:
       (1) State-owned enterprises of the PRC are subject to the 
     direction of both the state and the Chinese Communist Party 
     (CCP), and the CCP strives to increase their influence over 
     the global economy by pursuing predatory and exploitative 
     trade, economic, and industrial practices designed to out-
     compete the United States and other market economies.
       (2) The PRC's control of key components of critical global 
     supply chains, including critical minerals, semiconductors, 
     batteries, solar panels, and pharmaceuticals, as outlined in 
     the Office of the Director of National Intelligence's 
     February 2023 ``Annual Threat Assessment'', represents a 
     direct threat to United States national security and harms 
     global economic competition.
       (3) The CCP's industrial strategy, as articulated in the 
     Made in China 2025 plan, aims to dominate global 
     manufacturing in crucial energy technologies, including 
     advanced materials, batteries, and power equipment.
       (4) The PRC, by far the world's largest polluter, accounts 
     for approximately \1/3\ of global carbon dioxide 
     (CO2) emissions according to the International 
     Energy Administration and subsidizes its industries, 
     manufacturers, and exports by neither implementing nor 
     enforcing adequate environmental or labor protection 
     standards.
       (5) The PRC's industrial sectors like agriculture, mining, 
     automotive production, and computer and electronics 
     manufacturing emit 3 times more carbon dioxide as compared to 
     the United States' same industrial sectors, and nearly 2 
     times more carbon dioxide than the global average of the 
     production of comparable goods in other foreign countries, 
     according to industry tracking data from the International 
     Energy Agency.
       (6) The CCP seeks to utilize the Belt and Road Initiative 
     (BRI) and the Global Development Initiative (GDI) to increase 
     the dependence of low-income and lower-middle income 
     countries in Asia, Africa, Europe, and the Americas on the 
     PRC at the expense of trapping such countries in long-term, 
     high-polluting, debt-ridden, low-quality infrastructure 
     projects that undermine developing countries' efforts to 
     sustainably grow and industrialize their economies to 
     maximize benefits and participation for their citizenry, 
     while increasing global pollution.
       (7) The United States--
       (A) has adopted many environmental protections, including 
     the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.), the Toxic 
     Substances Control Act (15 U.S.C. 2601 et seq.), and more 
     than 15 other major environmental protection laws that--
       (i) add costs to the production of goods in order to secure 
     the benefits of environmental protection and conservation 
     efforts; and
       (ii) serve to meaningfully decrease greenhouse gases such 
     as carbon dioxide (CO2), methane (CH4), 
     nitrous oxide (N2O), sulfur hexafluoride 
     (SF6), hydrofluorocarbons (HFCs), perfluorocarbons 
     (PFCs), and other fluorinated greenhouse gases;
       (B) is the world's largest consumer market and its economy 
     is highly integrated into the world; and
       (C) bears responsibility to ensure that the United States 
     market does not incentivize forum shopping for the production 
     of goods to jurisdictions with low environmental standards to 
     obtain a competitive cost advantage while undermining efforts 
     to address transnational environmental and resource 
     challenges as well as global public health.
       (8) Any realistic pathway to substantially reduce global 
     carbon emissions will require the PRC to be held accountable 
     for its role as the world's largest polluter.
                                 ______
                                 
  SA 3117. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. ENHANCING RESILIENT CRITICAL INFRASTRUCTURE IN THE 
                   PACIFIC ISLANDS.

       (a) Program.--
       (1) In general.--The Secretary of State, in coordination 
     with the heads of other relevant Federal departments and 
     agencies, as appropriate, shall develop and implement a 
     strategy for the expansion, improvement, and protection of 
     resilient critical infrastructure in the Pacific Islands.
       (2) Elements.--The strategy and related programming under 
     paragraph (1) shall--
       (A) consider the--
       (i) current and forecasted gaps in functionality of, and 
     threats to, critical infrastructure in the Pacific Islands, 
     including--

       (I) for disaster preparedness and response, transport 
     connectivity, operability of health systems, information and 
     communications technology, food security, coastal zone 
     management, marine and water resource management, and energy 
     security and access to electricity; and
       (II) to the extent practicable, the rates, severity and 
     drivers of deterioration, structural deficiencies, and most 
     pressing threats to public safety from aging, at-risk, and 
     failing infrastructure;

       (ii) United States national security risks posed by weak, 
     outdated, at-risk, and failing critical infrastructure in the 
     Pacific Islands, with particular consideration for the 
     interconnectedness of supply chains, interconnected 
     transportation networks, technology, communications, and 
     financial systems; and
       (iii) the policy-enabling environment for public and 
     private sector investment in critical infrastructure in the 
     Pacific Islands, including through local resource 
     mobilization, early stage project preparation, development 
     finance, and foreign direct investment;
       (B) seek to enhance the ability of Pacific Islanders, 
     including governments at the national and local levels, civil 
     society leaders, and private sector partners, to attract and 
     effectively manage public and private investment in critical 
     infrastructure while resisting predatory lending and resource 
     extraction deals by malign actors;
       (C) identify priorities for critical infrastructure 
     improvement, reinforcement, re-engineering, or replacement 
     based on the significance of such infrastructure to ensuring 
     public health, safety, and economic growth;
       (D) support investment and improvement in natural resource 
     management and conservation;
       (E) include recommendations for policy and governance 
     reforms in the Pacific Islands, as necessary and appropriate, 
     to strengthen critical infrastructure resilience; and
       (F) support trainings and information sharing, technology 
     exchanges, reverse trade missions, and pilot projects that 
     provide Pacific Islanders with access to proven, cost-
     effective solutions for mitigating the risks associated with 
     critical infrastructure vulnerabilities and related 
     interdependencies.
       (b) Coordination.--The program developed under this section 
     should be coordinated with like-minded allies, partners, and 
     regional and international organizations to encourage 
     alignment of efforts and to avoid duplicative investments and 
     programming.
       (c) Disaster Preparedness.--The Administrator of the United 
     States Agency for International Development, in consultation 
     with the relevant Federal departments and agencies with 
     technical and practical expertise, shall work with Pacific 
     Island countries to--
       (1) provide technical assistance, education, and training, 
     including through grants and cooperative agreements for 
     qualified United States and local nongovernmental 
     organizations, to enhance early warning systems, emergency 
     management and preparedness procedures, and post-disaster 
     relief and recovery; and
       (2) enhance coordination of existing disaster mitigation 
     and response plans in the Pacific Islands region, including 
     by United States allies and partners in the region.
       (d) International Financial Institutions.--The Secretary of 
     the Treasury shall direct the representatives of the United 
     States to the World Bank Group, the International Monetary 
     Fund, and the Asian Development Bank to use the voice and 
     vote of the United States to support sustainable, resilient, 
     and high quality infrastructure projects in the Pacific 
     Islands.
                                 ______
                                 
  SA 3118. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. DEPARTMENT OF STATE INFRASTRUCTURE COORDINATION 
                   TASK FORCE.

       (a) Establishment.--There is established at the Department 
     of State a task force, to be known as the ``Infrastructure 
     Coordination Task Force'', which shall be led by an 
     appropriate Senate-confirmed official at the Department of 
     State. If the leader of the Task Force is not the Under 
     Secretary of State for Economic Growth, Energy and the 
     Environment, then the leader of the task force shall 
     coordinate with such Under Secretary on matters related to 
     the task force.
       (b) Duties.--The Infrastructure Coordination Task Force 
     shall--
       (1) coordinate international infrastructure policies and 
     projects supported by the United States Government, with 
     participation by the relevant Federal departments and 
     agencies;
       (2) engage international partners such as the Group of 
     Seven (G7), multilateral development banks, international 
     financial institutions, the United States private sector, 
     multinational corporations and banks, nongovernmental 
     organizations, and other partners in industrialized 
     countries;
       (3) advance United States objectives through initiatives 
     such as the Blue Dot Network, Infrastructure Transaction 
     Assistance Network, the Transaction Advisory Fund, and the 
     Strategic Ports Initiative; and
       (4) produce strategic guidance that identifies 
     international infrastructure projects.

[[Page S5434]]

  

                                 ______
                                 
  SA 3119. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. NEXT-GENERATION SHIPPING.

       (a) In General.--The Secretary of State is authorized to 
     carry out the following activities to support the development 
     of next-generation shipping corridors or green shipping 
     corridors:
       (1) Conduct analysis to determine United States priorities 
     for cooperation with partner countries on next-generation 
     shipping corridors or green shipping corridors.
       (2) Support research and development initiatives and 
     technical assistance, as appropriate, in the following areas:
       (A) Next-generation port design, engineering, and 
     architecture.
       (B) Hydrogen fuel production and hydrogen fuel storage and 
     utilization capacities at ports.
       (C) Commercial-scale high-speed electric vehicle trucking 
     fleet charging infrastructure.
       (D) Logistics and shipping corridor planning.
       (E) Hydrogen pipelines.
       (F) Liquid hydrogen power vessels, and other next-
     generation marine propulsion systems, design and 
     manufacturing, including both new vessels and retrofit and 
     refurbishment of existing vessels.
       (3) Support private sector investment in next-generation 
     shipping infrastructure in partner countries with strong or 
     emerging commercial ties with the United States that--
       (A) are strategically or centrally located markets in 
     international commerce; or
       (B) face growing or concerning financial entanglements with 
     malign foreign governments.
       (b) Parameters.--In carrying out activities authorized 
     under subsection (a), the Secretary of State shall ensure 
     that all activities align with the national security 
     interests of the United States and the purposes of the 
     Strategic Ports Initiative authorized pursuant to section 
     164.
       (c) International Maritime Organization.--The United States 
     shall use its voice, vote, and influence in the International 
     Maritime Organization to-
       (1) counter any attempts by the PRC or other strategic 
     competitors to advance or advocate for policies, regulations, 
     or technical standards that unfairly benefit particular 
     countries and their domestic industries and products to the 
     detriment of free and fair markets;
       (2) advocate for the adoption of next-generation shipping 
     industry technologies and infrastructure standards, policies, 
     regulations and cooperation initiatives that advance United 
     States national and economic security interests;
       (3) participate in the International Maritime 
     Organization's global technical cooperation projects to 
     support growing the capacity of parties to develop and 
     modernize global shipping industries technologies and 
     infrastructure; and
       (4) represent the interests of United States stakeholders 
     impacted by International Maritime Organization initiatives.
       (d) Limitation.--Prior to providing funding for activities 
     to support the establishment and development of next-
     generation shipping corridors or green shipping corridors, 
     the Department of State shall obtain commitments from 
     participating countries in the following areas:
       (1) Prohibiting exclusivity or preferences for specific 
     international shipping routes, including exclusive access for 
     specific vessels, fleets, or maritime shipping companies of 
     the PRC.
       (2) Preventing the sale, lease, or operational control of 
     port operations, or any subsidiary operations, including 
     security, communications and information technology, or 
     energy suppliers to entities owned or controlled by the PRC.
       (3) Prohibiting the use of, or contracts with 
     communications, survey, and logistics management providers 
     owned or controlled by the PRC.
       (4) Maintaining transparent and accountable security 
     operations that are not contracted to entities owned or 
     controlled by the PRC.
       (5) Ensuring that ports do not serve as ports of call for 
     PRC military or research vessels.
       (6) Ensuring that ports are operated in a transparent and 
     accountable manner, consistent with domestic and applicable 
     international law.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $120,000,000 over the next three fiscal 
     years to carry out activities under this section.
                                 ______
                                 
  SA 3120. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. ESTABLISHMENT OF OFFICE ON MULTILATERAL STRATEGY 
                   AND PERSONNEL.

       There is established within the Bureau of International 
     Organizations of the Department of State an Office on 
     Multilateral Strategy and Personnel (MSP) with the following 
     responsibilities:
       (1) Developing, coordinating, and maintaining a whole-of-
     government strategy to strengthen United States engagement 
     and leadership with multilateral institutions and 
     international organizations, to include managing efforts to 
     counter third-countries seeking to undermine the integrity of 
     the United Nations.
       (2) Coordinating whole-of-government efforts related to the 
     United Nations Junior Professional Officer (JPO) program, 
     including--
       (A) recruiting qualified individuals who represent the rich 
     diversity of the United States to apply for United States-
     sponsored JPO positions;
       (B) collecting and collating information about United 
     States-sponsored JPOs from across the United States 
     Government;
       (C) establishing and providing orientation and other 
     training materials with United States agencies sponsoring 
     JPOs;
       (D) maintaining regular contact with current and former 
     United States-sponsored JPOs, including providing career and 
     professional advice to United States-sponsored JPOs;
       (E) making, informing, and advising on strategic decisions, 
     including about the location and duration of United States-
     sponsored JPO positions to strengthen United States national 
     security interests and the competitive advantage of United 
     States-sponsored JPOs for future employment; and
       (F) sponsoring events, including representational events as 
     appropriate, to support United States-sponsored JPOs.
       (3) Coordinating and overseeing a whole-of-government 
     United States strategy and efforts in relation to promoting 
     qualified United States candidates for elected or appointed 
     senior positions at multilateral institutions and 
     international organizations, including--
       (A) creating a whole-of-government strategy that identifies 
     and prioritizes upcoming openings of leadership positions at 
     multilateral institutions and international organizations;
       (B) developing and executing processes to identify and 
     recruit qualified candidates to apply or run for these 
     offices;
       (C) consulting across the Department and interagency as 
     they implement selection processes; and
       (D) creating and implementing a strategy to obtain the 
     support necessary for United States candidates for priority 
     leadership positions including--
       (i) liaising and coordinating with international partners 
     to promote United States candidates; and
       (ii) working with embassies to engage officials and other 
     entities needed to support relevant United States candidates.
       (4) Promoting detail and transfer opportunities for 
     qualified United States personnel to multilateral 
     organizations including by--
       (A) liaising with multilateral institutions to promote and 
     identify detail and transfer opportunities;
       (B) developing and maintaining a database of detail and 
     transfer opportunities to multilateral organizations;
       (C) promoting these detail and transfer opportunities 
     within the United States Government and making the database 
     available to those eligible for details and transfers; and
       (D) facilitating any relevant orientation, trainings, or 
     materials for detailees and transferees, including debriefing 
     detailees and transferees upon their return to the United 
     States Government.
       (5) Promoting internship and volunteer opportunities at 
     multilateral institutions and international organizations and 
     coordinating orientation and career development 
     opportunities, as relevant.
       (6) Promoting and entering into partnership arrangements 
     with multilateral institutions and international 
     organizations to encourage United States nationals 
     participation in such organizations.
                                 ______
                                 
  SA 3121. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. ESTABLISHING A SENIOR OFFICIAL FOR THE COMPACTS OF 
                   FREE ASSOCIATION AT THE DEPARTMENT OF STATE.

       (a) In General.--The Secretary of State shall designate a 
     senior official at the Department of State responsible for 
     administering the Compacts of Free Association at

[[Page S5435]]

     the Department of State (in this section referred to as the 
     ``Senior Official''). The Senior Official shall report to the 
     Assistant Secretary of State for East Asian and Pacific 
     Affairs.
       (b) Duties.--The Senior Official shall--
       (1) be responsible for the conduct of United States foreign 
     policy with respect to the countries affiliated with the 
     United States Government under the Compacts of Free 
     Association (in this section referred to as the 
     ``Compacts''), namely the freely associated states of--
       (A) the Republic of Palau;
       (B) the Marshall Islands; and
       (C) the Federated States of Micronesia;
       (2) assist the Assistant Secretary of State for East Asian 
     and Pacific Affairs in providing overall direction, 
     coordination, and supervision of interdepartmental activities 
     of the United States Government in these countries, including 
     ensuring the timely transfer of assistance and provision of 
     benefits through the United States Department of the 
     Interior, as laid out in the Compacts;
       (3) oversee and evaluate the adequacy and effectiveness of 
     United States policy with respect to these countries as well 
     as of the plans, programs, resources, and performance for 
     implementing that policy, including programs and other 
     activities implemented by the Department of the Interior;
       (4) directly supervise the policy and operations of the 
     Compacts and provide guidance to relevant United States 
     missions within the Indo-Pacific region;
       (5) ensure the provision of an adequate, regular flow of 
     information to posts abroad on United States Government 
     policies, policy deliberations, and diplomatic exchanges in 
     Washington, D.C.; and
       (6) ensure the continuity of implementation of commitments 
     and Compact obligations and benefits, consistent with United 
     States national interests in the Indo-Pacific region.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $250,000 to support the Senior Official in 
     the conduct and discharge of the duties described in 
     subsection (b).
                                 ______
                                 
  SA 3122. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERING THE 
                   PEOPLE'S REPUBLIC OF CHINA INFLUENCE FUND.

       (a) Countering the People's Republic of China Influence 
     Fund.--There is authorized to be appropriated $600,000,000 
     for each of fiscal years 2025 through 2029 for the Countering 
     the People's Republic of China Influence Fund to counter PRC 
     malign influence. Amounts appropriated pursuant to this 
     authorization are authorized to remain available until 
     expended and shall be in addition to amounts otherwise 
     authorized to be appropriated to counter such influence.
       (b) Policy Guidance, Coordination, and Approval.--
       (1) Coordinator.--The Secretary of State shall designate an 
     existing senior official as the Coordinator for the 
     Countering the People's Republic of China Influence Fund (in 
     this section referred to as ``Coordinator'') to provide 
     policy guidance, coordination within the Department and the 
     interagency as appropriate, and recommendations for the 
     obligation of funds authorized pursuant to subsection (a).
       (2) Duties.--The Coordinator designated pursuant to 
     paragraph (1) shall be responsible for--
       (A) on an annual basis, the identification of specific 
     strategic priorities for using the funds authorized to be 
     appropriated under subsection (a), such as geographic areas 
     of focus or functional categories of programming that funds 
     are to be concentrated within, consistent with the national 
     interests of the United States and the purposes of this 
     section;
       (B) the coordination and approval of all programming 
     conducted using the funds authorized to be appropriated under 
     subsection (a), based on an assessment that such programming 
     directly counters PRC malign influence, including specific 
     activities or policies advanced by such influence, pursuant 
     to the strategic objectives of the United States;
       (C) ensuring that all programming approved bears a 
     sufficiently direct nexus to countering PRC malign influence 
     and adheres to the requirements outlined in subsection (d);
       (D) conducting oversight, monitoring, and evaluation of the 
     effectiveness of all programming conducted using the funds 
     authorized to be appropriated under subsection (a) to ensure 
     that it advances United States interests and degrades the 
     ability of the Government of the PRC, the Chinese Communist 
     Party (CCP), or entities acting on their behalf, to advance 
     the activities described in subsection (c); and
       (E) ensuring, to the maximum extent practicable, that all 
     approved programming under subsection (a) is carried out in 
     coordination with other Federal activities to counter the 
     malign influence and activities of the Government of the PRC, 
     the CCP, or entities acting on their behalf.
       (3) Assistant coordinator.--The Administrator of the United 
     States Agency for International Development shall designate 
     an official with direct responsibility for policy with 
     respect to the PRC to assist the Coordinator designated 
     pursuant to paragraph (1), particularly with respect to such 
     assistance handled by the United States Agency for 
     International Development.
       (c) PRC Malign Influence Defined.--In this section, the 
     term ``PRC malign influence'' means influence of the 
     Government of the PRC and the Chinese Communist Party (CCP) 
     or entities acting on their behalf globally that--
       (1) undermines a free and open international order;
       (2) advances an alternative, repressive international order 
     that bolsters the PRC or the Chinese Communist Party's 
     hegemonic ambitions and is characterized by coercion and 
     dependency;
       (3) undermines the national security, territorial 
     integrity, or sovereignty of the United States or other 
     countries; or
       (4) undermines the political and economic security of the 
     United States or other countries, including by promoting 
     corruption or elite capture, and advancing coercive economic 
     practices.
       (d) Activities To Counter PRC Malign Influence.--In this 
     section, countering malign influence through the use of funds 
     authorized to be appropriated by subsection (a) include 
     efforts--
       (1) to promote transparency and accountability, and reduce 
     corruption, including in governance structures targeted by 
     the malign influence of the Government of the PRC or the CCP;
       (2) to support civil society and independent media to raise 
     awareness of and increase transparency regarding the negative 
     impact of activities and initiatives of the Government of the 
     PRC and the CCP, or entities acting on their behalf, 
     including the Belt and Road Initiative and other initiatives 
     that lack transparency, fail to meet international standards, 
     and are associated with coercive economic practices;
       (3) to counter transnational criminal networks that 
     benefit, or benefit from, the malign influence of the 
     Government of the PRC, the CCP, or entities acting on their 
     behalf;
       (4) to encourage economic development structures that help 
     protect against predatory lending schemes, including support 
     for market-based alternatives in key economic sectors, such 
     as digital economy, energy, and infrastructure;
       (5) to counter activities that provide undue influence to 
     the security forces of the PRC;
       (6) to expose foreign influence operations and propaganda 
     of the Government of the PRC, the CCP, or entities acting on 
     their behalf;
       (7) to counter efforts by the Government of the PRC, the 
     CCP, or entities acting on their behalf to legitimize or 
     promote authoritarian ideology and governance models, 
     including its model of a state-dominated cyber and digital 
     ecosystem;
       (8) to counter efforts by the Government of the PRC, the 
     CCP, or entities acting on their behalf, to silence, 
     intimidate, or exact reprisal against individuals outside of 
     their sovereign borders, including members of diaspora 
     populations such as political opponents, repressed religious 
     or spiritual practitioners, marginalized ethnic community 
     members, civil society activists, human rights defenders, 
     researchers, and journalists;
       (9) to provide alternatives to problematic PRC technology 
     offerings, which could provide the Government of the PRC 
     undue access to or influence over global data flows or 
     sensitive information, and compete with problematic PRC 
     efforts to leverage or make gains in the development of 
     advanced and emerging technologies;
       (10) to counter PRC activities that directly enable 
     critical supply chain monopolization or other monopolistic 
     practices;
       (11) to counter aggressive PRC efforts to make inroads into 
     the nuclear energy sectors of countries to the detriment of 
     United States national security, strategic, and 
     nonproliferation interests; and
       (12) to counter efforts by the Government of the PRC, the 
     CCP, or entities acting on their behalf, to undermine the 
     democratic processes and institutions of United States allies 
     and partners.
                                 ______
                                 
  SA 3123. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. DIGITAL CONNECTIVITY IN THE PACIFIC ISLANDS.

       (a) In General.--The Secretary of State and the 
     Administrator for the United States Agency for International 
     Development, in coordination with other relevant Federal 
     departments and agencies, shall develop and implement a 
     digital connectivity initiative specific to Pacific Island 
     countries.

[[Page S5436]]

       (b) Elements and Conduct of Pacific Islands Digital 
     Connectivity Initiative.--The initiative developed pursuant 
     to subsection (a) shall--
       (1) include an assessment of opportunities to coordinate 
     with regional allies, including through the United States-
     Japan Global Digital Connectivity Partnership and the United 
     States-Japan-Australia Trilateral Infrastructure Partnership;
       (2) identify and address country-driven digital 
     transformation priorities;
       (3) conduct an assessment of the digital ecosystem of 
     Pacific Island countries, such as through the United States 
     Agency for International Development's (USAID) Digital 
     Ecosystem Country Assessments, to identify opportunities and 
     risks;
       (4) seek to develop human and institutional capacity and 
     infrastructure to catalyze private sector investments in 
     Pacific Island countries' digital ecosystem;
       (5) assist in the development of digital policy and 
     regulatory schemes in Pacific Island countries, including 
     information and communications technology (ICT) regulations 
     and procurement best practices and relevant reforms;
       (6) advance digital platforms and solutions for the 
     delivery of public services and enhance digital skills and 
     literacy;
       (7) seek to expand access to open, interoperable, reliable, 
     and secure internet for Pacific Island communities;
       (8) identify roles that digital technologies can play in 
     addressing important challenges for Pacific Island countries, 
     including the environment, sustainable fishing, readiness, 
     including in response to tsunami warnings;
       (9) identify ways to support women-owned enterprises in the 
     digital ecosystem of Pacific Island countries;
       (10) seek to expand the availability of and access to 
     secure and reliable subsea cable systems;
       (11) regularly assess opportunities for which United States 
     businesses, or those of other like-minded partners, would be 
     competitive;
       (12) promote exports of United States ICT goods and 
     services to advance a secure ICT supply chain and increase 
     United States company market share in Pacific Island digital 
     markets;
       (13) support the development and expand availability of 
     telehealth services for Pacific Island country communities; 
     and
       (14) build digital connectivity among educational 
     institutions within the region as well as with educational 
     institutions in the United States.
       (c) Pacific Island Countries Defined.--In this section, the 
     term ``Pacific Island countries'' means the Cook Islands, the 
     Republic of Fiji, the Republic of Kiribati, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, the 
     Republic of Nauru, Niue, the Republic of Palau, the 
     Independent State of Papua New Guinea, the Independent State 
     of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, 
     and the Republic of Vanuatu.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $3,500,000 for each of fiscal years 2025 
     through 2029 to carry out this section.
                                 ______
                                 
  SA 3124. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. SUPPORTING INDEPENDENT MEDIA AND COUNTERING 
                   FOREIGN INFORMATION OPERATIONS.

       (a) Findings.--Congress finds that the PRC is increasing 
     its spending on public diplomacy, including influence 
     campaigns, advertising, and investments into state-sponsored 
     media publications outside of the PRC. This includes, for 
     example, more than $10,000,000,000 in foreign direct 
     investment in communications infrastructure, platforms, and 
     properties, as well as bringing journalists to the PRC for 
     training programs.
       (b) The United States Agency for Global Media.--The United 
     States Agency for Global Media (USAGM) and affiliate Federal 
     and non-Federal entities shall, consistent with the other 
     executive branch undertakings in this Act led by the 
     President or the Secretary of State, undertake the following 
     actions to support independent journalism, counter foreign 
     malign influence, and combat surveillance in countries where 
     the Chinese Communist Party (CCP) and other malign actors are 
     promoting foreign information operations, propaganda, and 
     manipulated media markets:
       (1) Radio Free Asia (RFA) shall expand coverage and digital 
     programming in China for all China services and other 
     affiliate language broadcasting services.
       (2) RFA and Radio Free Europe/Radio Liberty (RFE/RL) shall 
     seek to increase funding for Mandarin, Tibetan, Uyghur, 
     Cantonese, Kazakh, Kyrgyz, Tajik, Turkmen, and Uzbek language 
     services.
       (3) Voice of America shall continue the bilingual Asia Fact 
     Check Lab, established in 2022, and expand on the Jiehuang 
     Pindao initiative to continue identifying and exposing PRC 
     information operations.
       (4) USAGM shall expand existing training and partnership 
     programs that promote journalistic standards, investigative 
     reporting, cybersecurity, and digital analytics to help 
     expose and counter false CCP narratives.
       (5) The Open Technology Fund shall continue its work to 
     support tools and technology to circumvent censorship and 
     surveillance by the CCP, both inside the PRC as well as 
     abroad where the PRC has exported censorship technology, and 
     increase secure peer-to-peer connectivity and privacy tools.
       (6) Voice of America shall continue its mission of 
     providing accurate, objective, and comprehensive news as well 
     as presenting the policies of the United States clearly and 
     effectively.
       (7) RFE/RL shall establish an investigative unit dedicated 
     to working across Central Asia to develop multimedia 
     responses to local information operation efforts by the CCP 
     and other malign actors.
       (8) The networks and grantees of the United States Agency 
     for Global Media shall continue their mission of providing 
     credible and timely news coverage, including on the PRC's 
     malign behavior and activities across the world.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated, for each of fiscal years 2025 through 
     2029 for the United States Agency for Global Media, 
     $180,000,000 for ongoing and new programs to support local 
     media, build independent media, combat PRC information 
     operations inside and outside of China, invest in technology 
     to subvert censorship, and monitor and evaluate these 
     programs, of which funds shall be directed to--
       (1) RFA to expand--
       (A) its China language services (including Mandarin, 
     Cantonese, Uyghur, and Tibetan);
       (B) its coverage in Southeast Asia and the Pacific Islands 
     to counter the Chinese Communist Party's propaganda; and
       (C) its Global Mandarin digital brand WHYNOT/Wainao, which 
     engages Chinese-speaking populations both inside China and 
     around the world;
       (2) RFE/RL to increase Kazakh, Kyrgyz, Tajik, Turkmen, and 
     Uzbek language services; and
       (3) the Open Technology Fund for digital media services--
       (A) to counter propaganda targeting non-Chinese populations 
     in foreign countries; and
       (B) to counter propaganda targeting Chinese-speaking 
     populations in China through ``Global Mandarin'' programming.
       (d) Authorization.--The United States Agency for Global 
     Media is authorized to provide for the establishment of, and 
     grants to, two non-profit organizations constituted on the 
     model of Radio Free Europe/Radio Liberty and Radio Free Asia 
     that shall be named ``Radio Free Africa'' and ``Radio Free 
     Americas'' for the purposes of providing accurate, 
     uncensored, and reliable local news and information to the 
     regions of Africa and Latin America and the Caribbean, 
     respectively.
       (e) Support for Local Media.--The Secretary of State, 
     acting through the Under Secretary for Public Diplomacy, the 
     Assistant Secretary of State for Democracy, Human Rights, and 
     Labor and in coordination with the Administrator of the 
     United States Agency for International Development, shall 
     support civil society and foreign media organizations in the 
     implementation of programs to train foreign media personnel 
     on investigative techniques, provide journalist protection, 
     improve media literacy among the school-aged and general 
     populations, boost access to accurate and reliable news and 
     information generally, as well as other media-related 
     activities in order to ensure public accountability related 
     to the Belt and Road Initiative and the Global Development 
     Initiative, the PRC's use of and export of surveillance and 
     other technologies, and other influence operations abroad 
     direct or directly supported by the Chinese Communist Party 
     or the Government of the PRC.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State, for each of 
     fiscal years 2025 through 2029, $100,000,000 for ongoing and 
     new programs in support of press freedom, training, media 
     literacy, and protection of journalists.
                                 ______
                                 
  SA 3125. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. ENHANCING STRATEGIC COMPETITION AT THE DEPARTMENT 
                   OF STATE.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to pursue a strategy of strategic competition with the 
     PRC in the political, diplomatic, economic, development, 
     military, informational, and technological realms that 
     maximizes the United States' strengths and increases the 
     costs for the PRC of harming United States interests and the 
     values of United States allies and partners;

[[Page S5437]]

       (2) to lead a free, open, and secure international system 
     characterized by freedom from coercion, rule of law, open 
     markets and the free flow of commerce, and a shared 
     commitment to security and peaceful resolution of disputes, 
     human rights, and good and transparent governance;
       (3) to strengthen and deepen United States alliances and 
     partnerships, prioritizing the Indo-Pacific and Europe, by 
     pursuing greater bilateral and multilateral cooperative 
     initiatives that advance shared interests and values and 
     bolster the confidence of partner countries that the United 
     States is and will remain a strong, committed, and constant 
     partner;
       (4) to encourage and collaborate with United States allies 
     and partners in boosting their own capabilities and 
     resiliency to pursue, defend, and protect shared interests 
     and values, free from coercion and external pressure;
       (5) to pursue fair, reciprocal treatment and healthy 
     competition in United States-China economic relations by--
       (A) advancing policies that harden the United States 
     economy against unfair and illegal commercial or trading 
     practices and the coercion of United States businesses; and
       (B) tightening United States laws and regulations as 
     necessary to prevent the PRC's attempts to harm United States 
     economic competitiveness;
       (6) to demonstrate the value of private sector-led growth 
     in emerging markets around the world, including through the 
     use of United States Government tools that--
       (A) support greater private sector investment and advance 
     capacity-building initiatives that are grounded in the rule 
     of law;
       (B) promote open markets;
       (C) establish clear policy and regulatory frameworks;
       (D) improve the management of key economic sectors;
       (E) combat corruption; and
       (F) foster and support greater collaboration with and among 
     partner countries and the United States private sector to 
     develop secure and sustainable infrastructure;
       (7) to lead in the advancement of international rules and 
     norms that foster free and reciprocal trade and open and 
     integrated markets;
       (8) to conduct vigorous commercial diplomacy in support of 
     United States companies and businesses in partner countries 
     that seek fair competition;
       (9) to ensure that the United States leads in the 
     innovation of critical and emerging technologies, such as 
     next-generation telecommunications, artificial intelligence, 
     quantum information science, semiconductors, and 
     biotechnology, by--
       (A) providing necessary investment and concrete incentives 
     for the private sector and the United States Government to 
     accelerate development of such technologies;
       (B) modernizing export controls and investment screening 
     regimes and associated policies and regulations;
       (C) enhancing United States leadership in technical 
     standards-setting bodies and avenues for developing norms 
     regarding the use of emerging critical technologies;
       (D) reducing United States barriers and increasing 
     incentives for collaboration with allies and partners on the 
     research and co-development of critical technologies;
       (E) collaborating with allies and partners to protect 
     critical technologies by--
       (i) crafting multilateral export control measures;
       (ii) building capacity for defense technology security;
       (iii) safeguarding chokepoints in supply chains; and
       (iv) ensuring diversification; and
       (F) designing major defense capabilities for export to 
     allies and partners;
       (10) to collaborate with advanced democracies and other 
     willing partners to promote ideals and principles that--
       (A) advance a free and open international order;
       (B) strengthen democratic institutions;
       (C) protect and promote human rights; and
       (D) uphold a free press and fact-based reporting;
       (11) to develop comprehensive and holistic strategies and 
     policies to counter PRC disinformation campaigns;
       (12) to demonstrate effective leadership at the United 
     Nations, its associated agencies, and other multilateral 
     organizations and defend the integrity of these organizations 
     against co-optation by illiberal and authoritarian nations;
       (13) to prioritize the defense of fundamental freedoms and 
     human rights in the United States relationship with the PRC;
       (14) to cooperate with allies, partners, and multilateral 
     organizations, leveraging their significant and growing 
     capabilities to build a network of like-minded states that 
     sustains and strengthens a free and open order and addresses 
     regional and global challenges to hold the Government of the 
     PRC accountable for--
       (A) violations and abuses of human rights;
       (B) restrictions on religious practices; and
       (C) undermining and abrogating treaties, other 
     international agreements, and other international norms 
     related to human rights;
       (15) to expose the PRC's use of corruption, repression, and 
     other malign behavior to attain unfair economic advantages 
     and to pressure other nations to defer to its political and 
     strategic objectives;
       (16) to maintain United States access to the Western 
     Pacific, including by--
       (A) increasing United States forward-deployed forces in the 
     Indo-Pacific region;
       (B) modernizing the United States military through 
     investments in existing and new platforms, emerging 
     technologies, critical in-theater force structure and 
     enabling capabilities, joint operational concepts, and a 
     diverse, operationally resilient and politically sustainable 
     posture; and
       (C) operating and conducting exercises with allies and 
     partners--
       (i) to mitigate the Peoples Liberation Army's ability to 
     project power and establish contested zones within the First 
     and Second Island Chains;
       (ii) to diminish the ability of the People's Liberation 
     Army to coerce its neighbors;
       (iii) to maintain open sea and air lanes, particularly in 
     the Taiwan Strait, the East China Sea, and the South China 
     Sea; and
       (iv) to project power from the United States and its allies 
     and partners to demonstrate the ability to conduct contested 
     logistics;
       (17) to deter the PRC from--
       (A) coercing Indo-Pacific nations, including by developing 
     more combat-credible forces that are integrated with allies 
     and partners in contact, blunt, and surge layers and able to 
     defeat any PRC theory of victory in the First or Second 
     Island Chains of the Western Pacific and beyond, as called 
     for in the 2018 National Defense Strategy;
       (B) using grey-zone tactics below the level of armed 
     conflict; or
       (C) initiating armed conflict;
       (18) to strengthen United States-PRC military-to-military 
     communication and improve de-escalation procedures to de-
     conflict operations and reduce the risk of unwanted conflict, 
     including through high-level visits and recurrent exchanges 
     between civilian and military officials and other measures, 
     in alignment with United States interests; and
       (19) to cooperate with the PRC if interests align, 
     including through bilateral or multilateral means and at the 
     United Nations, as appropriate.
       (b) Establishing and Expanding the Regional China Officer 
     Program.--
       (1) In general.--There is authorized to be established at 
     the Department of State a Regional China Officer (RCO) 
     program to support regional posts and officers with 
     reporting, information, and policy tools, and to enhance 
     expertise related to strategic competition with the PRC.
       (2) Authorization.--There is authorized to be appropriated 
     $2,000,000 for each of fiscal years 2025 through 2029 to the 
     Department of State to expand the RCO program, including 
     for--
       (A) the placement of Regional China Officers at United 
     States missions to the United Nations and United Nations 
     affiliated organizations;
       (B) the placement of additional Regional China Officers in 
     Africa;
       (C) the hiring of locally employed staff to support 
     Regional China Officers serving abroad; and
       (D) the establishment of full-time equivalent positions to 
     assist in managing and facilitating the RCO program.
       (3) Program funds.--There is authorized to be appropriated 
     $50,000 for each of fiscal years 2025 through 2029 for each 
     Regional China Officer to support programs and public 
     diplomacy activities of the Regional China Officer.
       (c) Sense of Congress on Data-driven Policy Making.--It is 
     the sense of Congress that--
       (1) the Office for China Coordination should employ at 
     least one full-time equivalent Data Officer, who shall not be 
     dual-hatted, focused on strategic competition with the PRC; 
     and
       (2) the Department should, to the extent possible within 
     existing authorities, prioritize access for the Office for 
     China Coordination to databases, commercial software, and 
     other data to support policy-making related to strategic 
     competition with the PRC.
                                 ______
                                 
  SA 3126. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. INTERNATIONAL COOPERATION TO SECURE CRITICAL 
                   MINERAL SUPPLY CHAINS.

       (a) Statement of Policy on Critical Mineral Supply 
     Chains.--It is the policy of the United States--
       (1) to collaborate with allies and partners of the United 
     States to build secure and resilient critical minerals supply 
     chains, including in the mining, processing, and valuation of 
     critical minerals, as well as with respect to advanced 
     manufacturing that includes critical minerals;
       (2) to prioritize the development and production of 
     critical minerals domestically, both to supply domestic needs 
     and for export to allies and partners that participate in 
     secure and resilient supply chains for critical minerals;
       (3) to reduce or eliminate reliance and dependence on 
     critical mineral supply chains

[[Page S5438]]

     controlled by the PRC, the Russian Federation, Iran, or any 
     other adversary of the United States;
       (4) to work with allies and partners on enhancing 
     evaluation capability and technology in trusted countries 
     that produce critical minerals to avoid the export of mined 
     and processed critical minerals to adversaries of the United 
     States;
       (5) to identify and implement market-based incentives for 
     the purposes of facilitating the creation and maintenance of 
     secure and resilient critical mineral supply chains in 
     collaboration with allies and partners;
       (6) to prioritize securing critical mineral supply chains 
     in United States foreign policy, including through the use of 
     economic tools to invest responsibly in projects in partner 
     countries in a manner that both benefits local populations 
     and bolsters the supply of critical minerals to the United 
     States and allies and partners of the United States; and
       (7) that collaboration with allies and partners to build 
     secure and resilient critical mineral supply chains shall not 
     replace United States efforts to increase domestic 
     development and production of critical minerals.
       (b) International Negotiations Relating to Protecting 
     Critical Mineral Supply Chains.--
       (1) In general.--The President is authorized to negotiate 
     an agreement with international partners for the purposes of 
     establishing a coalition--
       (A) to facilitate--
       (i) the mining, processing, and supply of critical 
     minerals; and
       (ii) advanced manufacturing that includes critical 
     minerals; and
       (B) to secure an adequate supply of critical minerals and 
     relevant products, manufacturing inputs, and components that 
     are heavily dependent on critical mineral resources for the 
     United States and other members of the coalition (in this 
     subsection referred to as ``member countries'').
       (2) Negotiating objectives.--The overall objectives for 
     negotiating an agreement described in paragraph (1) should 
     be--
       (A) to establish mechanisms for member countries to build 
     secure and resilient supply chains for critical minerals, 
     including in--
       (i) the mining, refinement, processing, and valuation of 
     critical minerals; and
       (ii) advanced manufacturing of products, components, and 
     materials that are dependent on critical minerals;
       (B) to improve economies of scale and joint cooperation 
     with international partners in securing access and means of 
     production throughout the supply chains of critical minerals 
     and manufacturing processes dependent on critical minerals;
       (C) to establish mechanisms, with appropriate market-based 
     disciplines, that provide and maintain opportunities among 
     member countries for creating industry economies of scale to 
     attract joint investment among those countries, including--
       (i) cooperation on joint projects, including cost-sharing 
     on building appropriate infrastructure to access deposits of 
     critical minerals; and
       (ii) creation or enhancement of national and international 
     programs to support the development of robust industries by 
     providing appropriate sector-specific incentives, such as 
     political risk and other insurance opportunities, financing, 
     and other support, for--

       (I) mining and processing critical minerals;
       (II) manufacturing of products, components, and materials 
     that are dependent on critical minerals and are essential to 
     consumer technology products or have important national 
     security implications; and
       (III) associated transportation needs that are tailored to 
     the handling, movement, and logistics management of critical 
     minerals and products, components, and materials that are 
     dependent on critical minerals;

       (D) to establish market-based rules for member countries 
     regarding adoption of qualifying tax and other incentives to 
     stimulate investment, as balanced by market-based disciplines 
     to ensure a fair playing field among those countries;
       (E) to establish recommended best practices to protect--
       (i) labor rights;
       (ii) the natural environment and ecosystems near critical 
     mineral industrial sites; and
       (iii) safety of communities near critical mineral 
     industrial activities;
       (F) to advance economic growth in developing countries with 
     critical mineral reserves, including for the benefit of the 
     citizens of those countries;
       (G) to establish rules allowing for the establishment of a 
     consortium that is resourced and empowered to bid and compete 
     in acquiring and securing potential deposits of critical 
     minerals in countries that are not members of the coalition 
     described in paragraph (1) (in this subsection referred to as 
     ``nonmember countries'');
       (H) to establish a mechanism for joint resource mapping 
     with procedures for equitable sharing of information on 
     potential deposits of critical minerals not less frequently 
     than annually;
       (I) to establish appropriate mechanisms for the recognition 
     and enforcement by a member country of judgments relating to 
     environmental and related harms caused by mining operations 
     within such member country in contravention of that country's 
     laws; and
       (J) to improve supply chain security among member countries 
     by providing for national treatment investment protections 
     among those countries that are equal to, or better than, the 
     standards in the United States model bilateral investment 
     treaty.
       (c) Minerals Security Partnership Authorization.--
       (1) In general.--The Secretary of State, acting through the 
     Under Secretary of State for Economic Growth, Energy, and the 
     Environment, is authorized to lead United States 
     participation in the ``Minerals Security Partnership'', for 
     the following purposes:
       (A) To identify and support investment and advocate for 
     commercial critical mineral mining, processing, and refining 
     projects that enable robust and secure critical mineral 
     supply chains, in consultation with other Federal agencies, 
     as appropriate.
       (B) To coordinate with relevant regional bureaus to develop 
     regional diplomatic engagement strategies related to critical 
     minerals projects and to identify projects that are 
     priorities.
       (C) To coordinate with United States missions abroad on 
     projects, programs, and investments that enable robust and 
     secure critical mineral supply chains.
       (D) To coordinate with current and prospective members of 
     the Minerals Security Partnership.
       (E) To establish a mechanism for information-sharing with 
     members of the Minerals Security Partnership.
       (F) To establish policies and procedures, and if necessary, 
     to provide funding to facilitate cooperation on joint 
     projects with members of the Minerals Security Partnership 
     and the Mineral Security Forum, including those related to 
     cost-sharing agreements, political risk insurance, financing, 
     equity investments, and other support, in coordination with 
     other Federal agencies, as appropriate.
       (G) If an agreement described in subsection (b) is entered 
     into, to support the establishment of the coalition described 
     in that subsection.
       (2) Database.--As part of the Minerals Security 
     Partnership, the Secretary, acting through the Under 
     Secretary, is authorized to establish and maintain a database 
     of critical mineral projects for the purpose of providing 
     high quality and up-to-date information to the private sector 
     in order to spur greater investment, increase the resilience 
     of global critical minerals supply chains, and boost United 
     States supply.
       (3) Qualifications for personnel.--With respect to staffing 
     personnel to carry out the Minerals Security Partnership, the 
     Secretary shall prioritize individuals with the following 
     qualifications:
       (A) Substantive knowledge and experience in issues related 
     to critical minerals supply chain and their application to 
     strategic industries, including in the defense, energy, and 
     technology sectors.
       (B) Substantive knowledge and experience in large-scale 
     multi-donor project financing and related technical and 
     diplomatic arrangements, international coalition-building, 
     and project management.
       (C) Substantive knowledge and experience in trade and 
     foreign policy, defense-industrial base policy, or national 
     security-sensitive supply chain issues.
       (4) Private sector coordination.--The Secretary of State 
     shall ensure close coordination between the Department of 
     State, the private sector, and relevant civil society groups 
     on the implementation of this subsection.
       (5) Project selection.--
       (A) In general.--The United States, through its 
     participation in the Minerals Security Partnership, shall 
     prioritize projects that advance the national and economic 
     security interests of the United States and allies and 
     partners of the United States.
       (B) Criteria requirements.--The United States should 
     advocate for the Minerals Security Partnership to use 
     environmental, social, or governance standards, including as 
     criteria for project selection, that are consistent with 
     United States law or international agreements approved by 
     Congress.
       (d) United States Membership in the International Nickel 
     Study Group.--
       (1) United states membership.--The President is authorized 
     to accept the Terms of Reference of and maintain membership 
     of the United States in the International Nickel Study Group 
     (INSG).
       (2) Payments of assessed contributions.--For fiscal year 
     2024 and thereafter, the United States assessed contributions 
     to the INSG may be paid from funds appropriated for 
     ``Contributions to International Organizations''.
       (e) Critical Mineral Defined.--In this section, the term 
     ``critical mineral''--
       (1) has the meaning given the term in section 7002 of the 
     Energy Act of 2020 (30 U.S.C. 1606); and
       (2) includes any other mineral or mineral material 
     determined by the Secretary of State--
       (A) to be essential to the economic or national security of 
     the United States; and
       (B) to have a supply chain vulnerable to disruption.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of State $75,000,000 for 
     fiscal year 2025 to enhance critical mineral supply chain 
     security, including to implement this section.

[[Page S5439]]

  

                                 ______
                                 
  SA 3127. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. OFFICE OF THE CHIEF ECONOMIST.

       (a) In General.--There is established at the Department of 
     State an Office of the Chief Economist.
       (b) Duties.--The Office will be led by the Chief Economist 
     of the Department of State, at the Senior Executive Service 
     or equivalent level, and shall be responsible for--
       (1) conducting economic research, collecting and analyzing 
     data, and preparing reports and assessments and policy 
     recommendations to senior Department leadership on 
     international economic trends, opportunities, and challenges 
     and unanticipated global developments with economic impacts; 
     and
       (2) providing economic analysis to inform policy making, 
     including related to--
       (A) international trade and trade policy;
       (B) international macroeconomics and finance;
       (C) economic development;
       (D) competition and industrial strategy;
       (E) economic sanctions development and implementation, and 
     sanctions evasion; and
       (F) capacity building;
       (3) coordinating with allies and partners, other relevant 
     agencies, departments, and stakeholders on international 
     economic matters;
       (4) identifying countries vulnerable to PRC economic 
     coercion, and analyzing commodities, products, services, and 
     other economic linkages of each such country that may be 
     vulnerable targets for PRC economic coercion, including 
     examining risk factors such as--
       (A) perishability;
       (B) strategic or political value, or to regional or global 
     supply chains;
       (C) proportion of the total export value for the exporting 
     country of the product being exported to a country engaged in 
     economic coercion;
       (D) potential exposure of the product to arbitrary or 
     excessive regulatory, phytosanitary, or other safety or 
     inspection requirements; and
       (E) reliance of a country on the import of such 
     commodities, product, or services; and
       (5) analyzing and monitoring economic linkages to identify 
     goods and commodities with respect to which United States 
     allies and partners may be vulnerable to economic coercion 
     that is informed by--
       (A) current market data;
       (B) information, including United States intelligence, on 
     economic coercion strategies;
       (C) relevant data from before, during and after past 
     instances of economic coercion; and
       (D) any other relevant information needed to support 
     economic analysis and policy recommendations, including 
     access to information technology systems which integrate and 
     synthesize economic and related data.
       (c) Personnel.--In addition to a qualified professional 
     Chief Economist, the Secretary of State is authorized to 
     employ sufficient full-time equivalent individuals to fully 
     execute the Office of the Chief Economist, including--
       (1) a Deputy Chief Economist, who must be a qualified 
     professional economist;
       (2) at least four qualified professional economists at the 
     GS-15 level;
       (3) a Chief Data Officer;
       (4) a Chief of Staff;
       (5) research economists;
       (6) career members of the foreign service, including 
     program support staff; and
       (7) temporary staff, including fellows.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of fiscal years 2025 
     through 2029 for the Office for personnel costs, project and 
     data services, and limited travel funds.
                                 ______
                                 
  SA 3128. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. AUTHORIZATION OF APPROPRIATIONS FOR PROMOTION OF 
                   DEMOCRACY, HUMAN RIGHTS, AND CIVILIAN SECURITY 
                   IN HONG KONG.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for fiscal year 2025 for the 
     Bureau of Democracy, Human Rights, and Labor of the 
     Department of State to promote democracy, human rights, and 
     civilian security in Hong Kong.
       (b) Administration.--The Secretary of State shall designate 
     an office within the Bureau of Democracy, Human Rights, and 
     Labor to administer and coordinate the provision of the funds 
     described in subsection (a) within the Department of State 
     and across the United States Government.
                                 ______
                                 
  SA 3129. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. DEVELOPMENT AND DEPLOYMENT OF INTERNET FREEDOM AND 
                   CIRCUMVENTION TOOLS FOR THE PEOPLE OF HONG 
                   KONG.

       (a) Findings.--Congress makes the following findings:
       (1) The PRC has repeatedly violated its obligations under 
     the Joint Declaration by suppressing the basic rights and 
     freedoms of Hong Kongers.
       (2) On June 30, 2020, the National People's Congress passed 
     a ``National Security Law'' that further erodes Hong Kong's 
     autonomy and enables authorities to suppress dissent.
       (3) The PRC continues to utilize the National Security Law 
     to undermine the fundamental rights of the people of Hong 
     Kong through suppression of the freedom of speech, assembly, 
     religion, and the press.
       (4) Article 9 of the National Security Law authorizes 
     unprecedented regulation and supervision of internet activity 
     in Hong Kong, including expanded police powers to force 
     internet service providers to censor content, hand over user 
     information, and block access to platforms.
       (5) On January 13, 2021, the Hong Kong Broadband Network 
     blocked public access to HK Chronicles, a website promoting 
     pro-democracy viewpoints, under the authorities of the 
     National Security Law.
       (6) On February 12, 2021, internet service providers 
     blocked Hong Kong users' access to the Taiwan Transitional 
     Justice Commission website in Hong Kong.
       (7) Major tech companies, including Facebook, Twitter, 
     WhatsApp, and Google have stopped reviewing requests for user 
     data from Hong Kong authorities.
       (8) On February 28, 2021, 47 pro-democracy activists in 
     Hong Kong were arrested and charged under the National 
     Security Law on the charge of ``conspiracy to commit 
     subversion''.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should--
       (1) support the ability of the people of Hong Kong to 
     maintain their freedom to access information online; and
       (2) focus on investments in technologies that facilitate 
     the unhindered exchange of information in Hong Kong in 
     advance of any future efforts by the Chinese Communist 
     Party--
       (A) to suppress internet access;
       (B) to increase online censorship; or
       (C) to inhibit online communication and content-sharing by 
     the people of Hong Kong.
       (c) Hong Kong Internet Freedom Program.--
       (1) In general.--The Secretary of State shall establish a 
     Hong Kong Internet Freedom Program in the Bureau of 
     Democracy, Human Rights, and Labor of the Department of State 
     which shall include a working group dedicated to developing a 
     strategy to bolster internet resiliency and online access in 
     Hong Kong (in this subsection, the ``Program''). The working 
     group shall consist of--
       (A) the Under Secretary of State for Civilian Security, 
     Democracy, and Human Rights;
       (B) the Assistant Secretary of State for East Asian and 
     Pacific Affairs;
       (C) the Chief Executive Officer of the United States Agency 
     for Global Media;
       (D) the President of the Open Technology Fund;
       (E) the Administrator of the United States Agency for 
     International Development; and
       (F) the Ambassador-at-large for Cyberspace and Digital 
     Policy;
       (2) Independence.--During the period beginning on the date 
     of the enactment of this Act and ending on September 30, 
     2027, the Program shall be carried out independent from 
     internet freedom programs focused on the rest of the PRC.
       (3) Consolidation of department of state program.--
     Beginning on October 1, 2026, the Secretary of State may--
       (A) consolidate the Program with the mainland China 
     initiatives in the Bureau of Democracy, Human Rights, and 
     Labor; or
       (B) continue to carry out the Program in accordance with 
     paragraph (2).
       (d) Support for Internet Freedom Technology Programs.--
       (1) Grants authorized.--The Secretary of State, working 
     with the Administrator of the United States Agency for 
     International Development and the President of the Open 
     Technology fund as appropriate, are authorized to award 
     grants and contracts to private organizations to support and 
     develop programs in Hong Kong that promote or expand--
       (A) open, interoperable, reliable, and secure internet; and
       (B) the online exercise of human rights and fundamental 
     freedoms of individual citizens,

[[Page S5440]]

     activists, human rights defenders, independent journalists, 
     civil society organizations, and marginalized populations in 
     Hong Kong.
       (2) Goals.--The goals of the programs developed with grants 
     authorized under paragraph (1) should be--
       (A) to support unrestricted access to the internet in Hong 
     Kong;
       (B) to increase the availability of internet freedom tools 
     in Hong Kong;
       (C) to scale up the distribution of such technologies and 
     tools throughout Hong Kong;
       (D) to prioritize the development of tools, components, 
     code, and technologies that are fully open-source, to the 
     extent practicable;
       (E) to conduct research on repressive tactics that 
     undermine internet freedom in Hong Kong;
       (F) to ensure information on digital safety is available to 
     human rights defenders, independent journalists, civil 
     society organizations, and marginalized populations in Hong 
     Kong; and
       (G) to engage private industry, including e-commerce firms 
     and social networking companies, on the importance of 
     preserving unrestricted internet access in Hong Kong.
       (3) Grant recipients.--Grants authorized under this 
     subsection shall be distributed to multiple vendors and 
     suppliers through an open, fair, competitive, and evidence-
     based decision process--
       (A) to diversify the technical base; and
       (B) to reduce the risk of misuse by bad actors.
       (4) Security audits.--New technologies developed using 
     grants authorized under this subsection shall undergo 
     comprehensive security audits to ensure that such 
     technologies are secure and have not been compromised in a 
     manner detrimental to the interests of the United States or 
     to individuals or organizations benefitting from programs 
     supported by these funds.
       (e) Authorization of Appropriations.--
       (1) Open technology fund.--There is authorized to be 
     appropriated to the Open Technology Fund $2,000,000 for each 
     of fiscal years 2025 through 2029 to carry out this section. 
     This funding is in addition to the funds authorized for the 
     Open Technology Fund pursuant to section 309A of United 
     States International Broadcasting Act of 1994 (22 U.S.C. 
     6208a).
       (2) Bureau of democracy, human rights, and labor.--In 
     addition to the funds authorized to be made available 
     pursuant to paragraph (1), there is authorized to be 
     appropriated to the Office of Internet Freedom Programs in 
     the Bureau of Democracy, Human Rights, and Labor of the 
     Department of State $2,000,000 for each of fiscal years 2025 
     through 2029 to carry out this section.
                                 ______
                                 
  SA 3130. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. REAUTHORIZATION OF THE UYGHUR HUMAN RIGHTS POLICY 
                   ACT.

        Section 6(h) of the Uyghur Human Rights Policy Act of 2020 
     (Public Law 116-145; 22 U.S.C. 6901 note) is amended by 
     striking ``5 years after'' and inserting ``10 years after''.
                                 ______
                                 
  SA 3131. Ms. KLOBUCHAR (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, insert the following:

     SEC. 1095. PRESERVE ACCESS TO AFFORDABLE GENERICS AND 
                   BIOSIMILARS ACT.

       (a) Short Title.--This section may be cited as the 
     ``Preserve Access to Affordable Generics and Biosimilars 
     Act''.
       (b) Congressional Findings and Declaration of Purposes.--
       (1) Findings.--Congress finds the following:
       (A) In 1984, the Drug Price Competition and Patent Term 
     Restoration Act (Public Law 98-417) (referred to in this Act 
     as the ``1984 Act''), was enacted with the intent of 
     facilitating the early entry of generic drugs while 
     preserving incentives for innovation.
       (B) Prescription drugs make up approximately 10 percent of 
     the national health care spending.
       (C) Initially, the 1984 Act was successful in facilitating 
     generic competition to the benefit of consumers and health 
     care payers, although 88 percent of all prescriptions 
     dispensed in the United States are generic drugs, they 
     account for only 28 percent of all expenditures.
       (D) Generic drugs cost substantially less than brand name 
     drugs, with discounts off the brand price averaging 80 to 85 
     percent.
       (E) Federal dollars currently account for over 40 percent 
     of the $325,000,000,000 spent on retail prescription drugs, 
     and this share is expected to rise to 47 percent by 2025.
       (F)(i) In recent years, the intent of the 1984 Act has been 
     subverted by certain settlement agreements in which brand 
     name companies transfer value to their potential generic 
     competitors to settle claims that the generic company is 
     infringing the branded company's patents.
       (ii) These ``reverse payment'' settlement agreements--
       (I) allow a branded company to share its monopoly profits 
     with the generic company as a way to protect the branded 
     company's monopoly; and
       (II) have unduly delayed the marketing of low-cost generic 
     drugs contrary to free competition, the interests of 
     consumers, and the principles underlying antitrust law.
       (iii) Because of the price disparity between brand name and 
     generic drugs, such agreements are more profitable for both 
     the brand and generic manufacturers than competition and will 
     become increasingly common unless prohibited.
       (iv) These agreements result in consumers losing the 
     benefits that the 1984 Act was intended to provide.
       (G) In 2010, the Biologics Price Competition and Innovation 
     Act (Public Law 111-148) (referred to in this Act as the 
     ``BPCIA''), was enacted with the intent of facilitating the 
     early entry of biosimilar and interchangeable follow-on 
     versions of branded biological products while preserving 
     incentives for innovation.
       (H) Biological drugs play an important role in treating 
     many serious illnesses, from cancers to genetic disorders. 
     They are also expensive, representing more than 40 percent of 
     all prescription drug spending.
       (I) Competition from biosimilar and interchangeable 
     biological products promises to lower drug costs and increase 
     patient access to biological medicines. But ``reverse 
     payment'' settlement agreements also threaten to delay the 
     entry of biosimilar and interchangeable biological products, 
     which would undermine the goals of BPCIA.
       (2) Purposes.--The purposes of this section are--
       (A) to enhance competition in the pharmaceutical market by 
     stopping anticompetitive agreements between brand name and 
     generic drug and biosimilar biological product manufacturers 
     that limit, delay, or otherwise prevent competition from 
     generic drugs and biosimilar biological products; and
       (B) to support the purpose and intent of antitrust law by 
     prohibiting anticompetitive practices in the pharmaceutical 
     industry that harm consumers.
       (c) Unlawful Compensation for Delay.--
       (1) In general.--The Federal Trade Commission Act (15 
     U.S.C. 44 et seq.) is amended by inserting after section 26 
     (15 U.S.C. 57c-2) the following:

     ``SEC. 27. PRESERVING ACCESS TO AFFORDABLE GENERICS AND 
                   BIOSIMILARS.

       ``(a) In General.--
       ``(1) Enforcement proceeding.--The Commission may initiate 
     a proceeding to enforce the provisions of this section 
     against the parties to any agreement resolving or settling, 
     on a final or interim basis, a patent claim, in connection 
     with the sale of a drug product or biological product.
       ``(2) Presumption and violation.--
       ``(A) In general.--Subject to subparagraph (B), in such a 
     proceeding, an agreement shall be presumed to have 
     anticompetitive effects and shall be a violation of this 
     section if--
       ``(i) an ANDA filer or a biosimilar biological product 
     application filer receives anything of value, including an 
     exclusive license; and
       ``(ii) the ANDA filer or biosimilar biological product 
     application filer agrees to limit or forgo research, 
     development, manufacturing, marketing, or sales of the ANDA 
     product or biosimilar biological product, as applicable, for 
     any period of time.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     parties to such agreement demonstrate by a preponderance of 
     the evidence that--
       ``(i) the value described in subparagraph (A)(i) is 
     compensation solely for other goods or services that the ANDA 
     filer or biosimilar biological product application filer has 
     promised to provide; or
       ``(ii) the procompetitive benefits of the agreement 
     outweigh the anticompetitive effects of the agreement.
       ``(b) Exclusions.--Nothing in this section shall prohibit a 
     resolution or settlement of a patent infringement claim in 
     which the consideration that the ANDA filer or biosimilar 
     biological product application filer, respectively, receives 
     as part of the resolution or settlement includes only one or 
     more of the following:
       ``(1) The right to market and secure final approval in the 
     United States for the ANDA product or biosimilar biological 
     product at a date, whether certain or contingent, prior to 
     the expiration of--
       ``(A) any patent that is the basis for the patent 
     infringement claim; or
       ``(B) any patent right or other statutory exclusivity that 
     would prevent the marketing of such ANDA product or 
     biosimilar biological product.
       ``(2) A payment for reasonable litigation expenses not to 
     exceed--
       ``(A) for calendar year 2024, $7,500,000; or
       ``(B) for calendar year 2025 and each subsequent calendar 
     year, the amount determined for the preceding calendar year 
     adjusted to reflect the percentage increase (if any) in the

[[Page S5441]]

     Producer Price Index for Legal Services published by the 
     Bureau of Labor Statistics of the Department of Labor for the 
     most recent calendar year.
       ``(3) A covenant not to sue on any claim that the ANDA 
     product or biosimilar biological product infringes a United 
     States patent.
       ``(c) Enforcement.--
       ``(1) Enforcement.--A violation of this section shall be 
     treated as an unfair method of competition under section 
     5(a)(1).
       ``(2) Judicial review.--
       ``(A) In general.--Any party that is subject to a final 
     order of the Commission, issued in an administrative 
     adjudicative proceeding under the authority of subsection 
     (a)(1), may, within 30 days of the issuance of such order, 
     petition for review of such order in--
       ``(i) the United States Court of Appeals for the District 
     of Columbia Circuit;
       ``(ii) the United States Court of Appeals for the circuit 
     in which the ultimate parent entity, as defined in section 
     801.1(a)(3) of title 16, Code of Federal Regulations, or any 
     successor thereto, of the NDA holder or biological product 
     license holder is incorporated as of the date that the NDA or 
     biological product license application, as applicable, is 
     filed with the Secretary of Health and Human Services; or
       ``(iii) the United States Court of Appeals for the circuit 
     in which the ultimate parent entity of the ANDA filer or 
     biosimilar biological product application filer is 
     incorporated as of the date that the ANDA or biosimilar 
     biological product application is filed with the Secretary of 
     Health and Human Services.
       ``(B) Treatment of findings.--In a proceeding for judicial 
     review of a final order of the Commission, the findings of 
     the Commission as to the facts, if supported by evidence, 
     shall be conclusive.
       ``(d) Antitrust Laws.--Nothing in this section shall 
     modify, impair, limit, or supersede the applicability of the 
     antitrust laws as defined in subsection (a) of the first 
     section of the Clayton Act (15 U.S.C. 12(a)), and of section 
     5 of this Act to the extent that section 5 applies to unfair 
     methods of competition. Nothing in this section shall modify, 
     impair, limit, or supersede the right of an ANDA filer or 
     biosimilar biological product application filer to assert 
     claims or counterclaims against any person, under the 
     antitrust laws or other laws relating to unfair competition.
       ``(e) Penalties.--
       ``(1) Forfeiture.--Each party that violates or assists in 
     the violation of this section shall forfeit and pay to the 
     United States a civil penalty sufficient to deter violations 
     of this section, but in no event greater than 3 times the 
     value received by the party that is reasonably attributable 
     to the violation of this section. If no such value has been 
     received by the NDA holder, the biological product license 
     holder, the ANDA filer, or the biosimilar biological product 
     application filer, the penalty to the NDA holder, the 
     biological product license holder, the ANDA filer, or the 
     biosimilar biological product application filer shall be 
     sufficient to deter violations, but in no event shall be 
     greater than 3 times the value given to an ANDA filer or 
     biosimilar biological product application filer reasonably 
     attributable to the violation of this section. Such penalty 
     shall accrue to the United States and may be recovered in a 
     civil action brought by the Commission, in its own name by 
     any of its attorneys designated by it for such purpose, in a 
     district court of the United States against any party that 
     violates this section. In such actions, the United States 
     district courts are empowered to grant mandatory injunctions 
     and such other and further equitable relief as they deem 
     appropriate.
       ``(2) Cease and desist.--
       ``(A) In general.--If the Commission has issued a cease and 
     desist order with respect to a party in an administrative 
     adjudicative proceeding under the authority of subsection 
     (a)(1), an action brought pursuant to paragraph (1) may be 
     commenced against such party at any time before the 
     expiration of 1 year after such order becomes final pursuant 
     to section 5(g).
       ``(B) Exception.--In an action under subparagraph (A), the 
     findings of the Commission as to the material facts in the 
     administrative adjudicative proceeding with respect to the 
     violation of this section by a party shall be conclusive 
     unless--
       ``(i) the terms of such cease and desist order expressly 
     provide that the Commission's findings shall not be 
     conclusive; or
       ``(ii) the order became final by reason of section 5(g)(1), 
     in which case such finding shall be conclusive if supported 
     by evidence.
       ``(3) Civil penalty.--In determining the amount of the 
     civil penalty described in this section, the court shall take 
     into account--
       ``(A) the nature, circumstances, extent, and gravity of the 
     violation;
       ``(B) with respect to the violator, the degree of 
     culpability, any history of violations, the ability to pay, 
     any effect on the ability to continue doing business, profits 
     earned by the NDA holder, the biological product license 
     holder, the ANDA filer, or the biosimilar biological product 
     application filer, compensation received by the ANDA filer or 
     biosimilar biological product application filer, and the 
     amount of commerce affected; and
       ``(C) other matters that justice requires.
       ``(4) Remedies in addition.--Remedies provided in this 
     subsection are in addition to, and not in lieu of, any other 
     remedy provided by Federal law. Nothing in this section shall 
     be construed to limit any authority of the Commission under 
     any other provision of law.
       ``(f) Definitions.--In this section:
       ``(1) Agreement.--The term `agreement' means anything that 
     would constitute an agreement under section 1 of the Sherman 
     Act (15 U.S.C. 1) or section 5 of this Act.
       ``(2) Agreement resolving or settling a patent infringement 
     claim.--The term `agreement resolving or settling a patent 
     infringement claim' includes any agreement that is entered 
     into within 30 days of the resolution or the settlement of 
     the claim, or any other agreement that is contingent upon, 
     provides a contingent condition for, or is otherwise related 
     to the resolution or settlement of the claim.
       ``(3) ANDA.--The term `ANDA' means an abbreviated new drug 
     application filed under section 505(j) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355(j)) or a new drug 
     application submitted pursuant to section 505(b)(2) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)).
       ``(4) ANDA filer.--The term `ANDA filer' means a party that 
     owns or controls an ANDA filed with the Secretary of Health 
     and Human Services or has the exclusive rights under such 
     ANDA to distribute the ANDA product.
       ``(5) ANDA product.--The term `ANDA product' means the 
     product to be manufactured under the ANDA that is the subject 
     of the patent infringement claim.
       ``(6) Biological product.--The term `biological product' 
     has the meaning given such term in section 351(i)(1) of the 
     Public Health Service Act (42 U.S.C. 262(i)(1)).
       ``(7) Biological product license application.--The term 
     `biological product license application' means an application 
     under section 351(a) of the Public Health Service Act (42 
     U.S.C. 262(a)).
       ``(8) Biological product license holder.--The term 
     `biological product license holder' means--
       ``(A) the holder of an approved biological product license 
     application for a biological product;
       ``(B) a person owning or controlling enforcement of any 
     patents that claim the biological product that is the subject 
     of such approved application; or
       ``(C) the predecessors, subsidiaries, divisions, groups, 
     and affiliates controlled by, controlling, or under common 
     control with any of the entities described in subparagraphs 
     (A) and (B) (such control to be presumed by direct or 
     indirect share ownership of 50 percent or greater), as well 
     as the licensees, licensors, successors, and assigns of each 
     of the entities.
       ``(9) Biosimilar biological product.--The term `biosimilar 
     biological product' means the product to be manufactured 
     under the biosimilar biological product application that is 
     the subject of the patent infringement claim.
       ``(10) Biosimilar biological product application.--The term 
     `biosimilar biological product application' means an 
     application under section 351(k) of the Public Health Service 
     Act (42 U.S.C. 262(k)) for licensure of a biological product 
     as biosimilar to, or interchangeable with, a reference 
     product.
       ``(11) Biosimilar biological product application filer.--
     The term `biosimilar biological product application filer' 
     means a party that owns or controls a biosimilar biological 
     product application filed with the Secretary of Health and 
     Human Services or has the exclusive rights under such 
     application to distribute the biosimilar biological product.
       ``(12) Drug product.--The term `drug product' has the 
     meaning given such term in section 314.3(b) of title 21, Code 
     of Federal Regulations (or any successor regulation).
       ``(13) Market.--The term `market' means the promotion, 
     offering for sale, selling, or distribution of a drug 
     product.
       ``(14) NDA.--The term `NDA' means a new drug application 
     filed under section 505(b) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(b)).
       ``(15) NDA holder.--The term `NDA holder' means--
       ``(A) the holder of an approved NDA application for a drug 
     product;
       ``(B) a person owning or controlling enforcement of the 
     patent listed in the Approved Drug Products With Therapeutic 
     Equivalence Evaluations (commonly known as the `FDA Orange 
     Book') in connection with the NDA; or
       ``(C) the predecessors, subsidiaries, divisions, groups, 
     and affiliates controlled by, controlling, or under common 
     control with any of the entities described in subparagraphs 
     (A) and (B) (such control to be presumed by direct or 
     indirect share ownership of 50 percent or greater), as well 
     as the licensees, licensors, successors, and assigns of each 
     of the entities.
       ``(16) Party.--The term `party' means any person, 
     partnership, corporation, or other legal entity.
       ``(17) Patent infringement.--The term `patent infringement' 
     means infringement of any patent or of any filed patent 
     application, including any extension, reissue, renewal, 
     division, continuation, continuation in part, reexamination, 
     patent term restoration, patents of addition, and extensions 
     thereof.
       ``(18) Patent infringement claim.--The term `patent 
     infringement claim' means any allegation made to an ANDA 
     filer or biosimilar biological product application filer, 
     whether or not included in a complaint filed with a court of 
     law, that its ANDA or ANDA

[[Page S5442]]

     product, or biosimilar biological product application or 
     biosimilar biological product, may infringe any patent held 
     by, or exclusively licensed to, the NDA holder or biological 
     product license holder of the drug product or biological 
     product, as applicable.
       ``(19) Statutory exclusivity.--The term `statutory 
     exclusivity' means those prohibitions on the submission or 
     the approval of drug applications under clauses (ii) through 
     (iv) of section 505(c)(3)(E), clauses (ii) through (iv) of 
     section 505(j)(5)(F), section 527, section 505A, or section 
     505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355(c)(3)(E), 360cc, 355a, 355f), or on the submission or 
     licensing of biological product applications under section 
     351(k)(7) or paragraph (2) or (3) of section 351(m) of the 
     Public Health Service Act (42 U.S.C. 262) or under section 
     527 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     360cc).''.
       (2) Effective date.--Section 27 of the Federal Trade 
     Commission Act, as added by this section, shall apply to all 
     agreements described in section 27(a)(1) of that Act entered 
     into on or after the date of enactment of this Act.
       (d) Certification of Agreements.--
       (1) Notice of all agreements.--Section 1111(7) of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (21 U.S.C. 355 note) is amended by inserting ``, 
     or the owner of a patent for which a claim of infringement 
     could reasonably be asserted against any person for making, 
     using, offering to sell, selling, or importing into the 
     United States a biological product that is the subject of a 
     biosimilar biological product application'' before the period 
     at the end.
       (2) Certification of agreements.--Section 1112 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (21 U.S.C. 355 note) is amended by adding at the 
     end the following:
       ``(d) Certification.--The Chief Executive Officer or the 
     company official responsible for negotiating any agreement 
     under subsection (a) or (b) that is required to be filed 
     under subsection (c), within 30 days after such filing, shall 
     execute and file with the Assistant Attorney General and the 
     Commission a certification as follows: `I declare that the 
     following is true, correct, and complete to the best of my 
     knowledge: The materials filed with the Federal Trade 
     Commission and the Department of Justice under section 1112 
     of subtitle B of title XI of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003, with respect to 
     the agreement referenced in this certification--
       ``(1) represent the complete, final, and exclusive 
     agreement between the parties;
       ``(2) include any ancillary agreements that are contingent 
     upon, provide a contingent condition for, or are otherwise 
     related to, the referenced agreement; and
       ``(3) include written descriptions of any oral agreements, 
     representations, commitments, or promises between the parties 
     that are responsive to subsection (a) or (b) of such section 
     1112 and have not been reduced to writing.' ''.
       (e) Notification of Agreements.--Section 1112 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (21 U.S.C. 355 note), as amended by subsection 
     (d)(2), is further amended by adding at the end the 
     following:
       ``(e) Rule of Construction.--
       ``(1) In general.--An agreement that is required under 
     subsection (a) or (b) shall include agreements resolving any 
     outstanding disputes, including agreements resolving or 
     settling a Patent Trial and Appeal Board proceeding.
       ``(2) Definition.--For purposes of subparagraph (A), the 
     term `Patent Trial and Appeal Board proceeding' means a 
     proceeding conducted by the Patent Trial and Appeal Board of 
     the United States Patent and Trademark Office, including an 
     inter partes review instituted under chapter 31 of title 35, 
     United States Code, a post-grant review instituted under 
     chapter 32 of that title (including a proceeding instituted 
     pursuant to the transitional program for covered business 
     method patents, as described in section 18 of the Leahy-Smith 
     America Invents Act (35 U.S.C. 321 note)), and a derivation 
     proceeding instituted under section 135 of that title.''.
       (f) Forfeiture of 180-day Exclusivity Period.--Section 
     505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting 
     ``section 27 of the Federal Trade Commission Act or'' after 
     ``that the agreement has violated''.
       (g) Commission Litigation Authority.--Section 16(a)(2) of 
     the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is 
     amended--
       (1) in subparagraph (D), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (E)--
       (A) by moving the margin 2 ems to the left; and
       (B) by inserting ``or'' after the semicolon; and
       (3) inserting after subparagraph (E) the following:
       ``(F) under section 27,''.
       (h) Report on Additional Exclusion.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Federal Trade Commission shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a recommendation, and the Commission's basis 
     for such recommendation, regarding a potential amendment to 
     include in section 27(b) of the Federal Trade Commission Act 
     (as added by subsection (c)) an additional exclusion for 
     consideration granted by an NDA holder to a ANDA filer or by 
     a biological product license holder to a biosimilar 
     biological product application filer as part of the 
     resolution or settlement, a release, waiver, or limitation of 
     a claim for damages or other monetary relief.
       (2) Definitions.--In this section, the terms ``ANDA 
     filer'', ``biological product license holder'', ``biosimilar 
     biological product application filer'', and ``NDA holder'' 
     have the meanings given such terms in section 27(f) of the 
     Federal Trade Commission Act (as added by subsection (c)).
       (i) Statute of Limitations.--The Federal Trade Commission 
     shall commence any enforcement proceeding described in 
     section 27 of the Federal Trade Commission Act, as added by 
     subsection (c), except for an action described in section 
     27(e)(2) of the Federal Trade Commission Act, not later than 
     6 years after the date on which the parties to the agreement 
     file the certification under section 1112(d) of the Medicare 
     Prescription Drug Improvement and Modernization Act of 2003 
     (21 U.S.C. 355 note).
       (j) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of the 
     provisions of such section or amendments to any person or 
     circumstance shall not be affected.
                                 ______
                                 
  SA 3132. Mr. HOEVEN (for himself, Mr. Schmitt, and Mr. Cotton) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title III, add the following:

     SEC. 318. EXTENSION OF PROHIBITION ON DISCLOSURE BY 
                   DEPARTMENT OF DEFENSE CONTRACTORS OF 
                   INFORMATION RELATING TO GREENHOUSE GAS 
                   EMISSIONS.

       Section 318(a)(2) of the National Defense Authorization Act 
     for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. 4651 note 
     prec.) is amended by striking ``one-year'' and inserting 
     ``two-year''.
                                 ______
                                 
  SA 3133. 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 title XV, add the following:

                       Subtitle E--SAFE Orbit Act

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Situational Awareness 
     of Flying Elements in Orbit Act'' or the ``SAFE Orbit Act''.

     SEC. 1550. SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC 
                   COORDINATION.

       (a) In General.--The Secretary of Commerce shall facilitate 
     safe operations in space and encourage the development of 
     commercial space capabilities by acquiring and disseminating 
     unclassified data, analytics, information, and services on 
     space activities.
       (b) Immunity.--The United States, any agencies and 
     instrumentalities thereof, and any individuals, firms, 
     corporations, and other persons acting for the United States, 
     including nongovernmental entities, shall be immune from any 
     suit in any court for any cause of action arising from the 
     provision or receipt of space situational awareness services 
     or information, whether or not provided in accordance with 
     this section, or any related action or omission.
       (c) Acquisition of Data.--The Assistant Secretary of 
     Commerce for Space Commerce (established under section 
     50702(b) of title 51, United States Code, as amended by 
     section 1551) is authorized to acquire--
       (1) data, analytics, information, and services, including 
     with respect to--
       (A) location tracking data;
       (B) positional and orbit determination information; and
       (C) conjunction data messages; and
       (2) such other data, analytics, information, and services 
     as the Secretary of Commerce determines necessary to avoid 
     collisions of space objects.
       (d) Database on Satellite Location and Behavior.--The 
     Assistant Secretary of Commerce for Space Commerce shall 
     provide access for the public, at no charge, a fully updated, 
     unclassified database of information concerning space objects 
     and behavior that includes--
       (1) the data and information acquired under subsection (c), 
     except to the extent that such data or information is 
     classified or a trade secret (as defined in section 1839 of 
     title 18, United States Code); and

[[Page S5443]]

       (2) the provision of basic space situational awareness 
     services and space traffic coordination based on the data 
     referred to in paragraph (1), including basic analytics, 
     tracking calculations, and conjunction data messages.
       (e) Basic Space Situational Awareness Services.--The 
     Assistant Secretary of Commerce for Space Commerce--
       (1) shall provide to satellite operators, at no charge, 
     basic space situational awareness services, including the 
     data, analytics, information, and services described in 
     subsection (c);
       (2) in carrying out paragraph (1), may not compete with 
     private sector space situational awareness products, to the 
     maximum extent practicable; and
       (3) not less frequently than every 3 years, shall review 
     the basic space situational awareness services described in 
     paragraph (1) to ensure that such services provided by the 
     Federal Government do not compete with space situational 
     awareness services offered by the private sector.
       (f) Requirements for Data Acquisition and Dissemination.--
     In acquiring data, analytics, information, and services under 
     subsection (c) and disseminating data, analytics, 
     information, and services under subsections (d) and (e), the 
     Assistant Secretary of Commerce for Space Commerce shall--
       (1) leverage commercial capabilities to the maximum extent 
     practicable;
       (2) prioritize the acquisition of data, analytics, 
     information, and services from commercial industry located in 
     or licensed in the United States to supplement data collected 
     by United States Government agencies, including the 
     Department of Defense and the National Aeronautics and Space 
     Administration;
       (3) appropriately protect proprietary data, information, 
     and systems of firms located in the United States, including 
     by using appropriate infrastructure and cybersecurity 
     measures, including measures set forth in the most recent 
     version of the Cybersecurity Framework, or successor 
     document, maintained by the National Institute of Standards 
     and Technology;
       (4) facilitate the development of standardization and 
     consistency in data reporting, in collaboration with 
     satellite owners and operators, commercial space situational 
     awareness data and service providers, the academic community, 
     nonprofit organizations, and the Director of the National 
     Institute of Standards and Technology; and
       (5) encourage foreign governments to participate in 
     unclassified data sharing arrangements for space situational 
     awareness and space traffic coordination.
       (g) Other Transaction Authority.--In carrying out the 
     activities required by this section, the Secretary of 
     Commerce shall enter into such contracts, leases, cooperative 
     agreements, or other transactions as may be necessary.

     SEC. 1551. OFFICE OF SPACE COMMERCE.

       (a) Definitions.--
       (1) In general.--Section 50701 of title 51, United States 
     Code, is amended to read as follows:

     ``Sec. 50701. Definitions

       ``In this chapter:
       ``(1) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary of Commerce for Space Commerce.
       ``(2) Bureau.--The term `Bureau' means the Bureau of Space 
     Commerce established under section 50702.
       ``(3) Orbital debris.--The term `orbital debris'--
       ``(A) means--
       ``(i) any human-made space object orbiting Earth that--

       ``(I) no longer serves an intended purpose;
       ``(II) has reached the end of its mission; or
       ``(III) is incapable of safe maneuver or operation; and

       ``(ii) a rocket body and other hardware left in orbit as a 
     result of normal launch and operational activities; and
       ``(B) includes fragmentation debris produced by failure or 
     collision of human-made space objects.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(5) Space object.--The term `space object' means any 
     object launched into space or created in space robotically or 
     by humans, including the component parts of such an object.
       ``(6) Space situational awareness.--The term `space 
     situational awareness' means--
       ``(A) the identification, characterization, tracking, and 
     the predicted movement and behavior of space objects and 
     orbital debris; and
       ``(B) the understanding of the space operational 
     environment.
       ``(7) Space traffic coordination.--The term `space traffic 
     coordination' means the planning, assessment, and 
     coordination of activities to enhance the safety, stability, 
     and sustainability of operations in the space environment.''.
       (2) Clerical amendment.--The table of sections for chapter 
     507 of title 51, United States Code, is amended by striking 
     the item relating to section 50701 and inserting the 
     following:

``50701. Definitions.''.
       (b) Transition of Office to Bureau.--Subsection (a) of 
     section 50702 of title 51, United States Code, is amended by 
     inserting before the period at the end the following: ``, 
     which, not later than 5 years after the date of the enactment 
     of this Act, shall be elevated by the Secretary of Commerce 
     from an office within the National Oceanic and Atmospheric 
     Administration to a bureau reporting directly to the Office 
     of the Secretary of Commerce''.
       (c) Additional Functions of Bureau.--Subsection (c) of such 
     section is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) to perform space situational awareness and space 
     traffic management duties pursuant to the SAFE Orbit Act.''.
       (d) Assistant Secretary of Commerce for Space Commerce.--
       (1) In general.--Subsection (b) of such section is amended 
     to read as follows:
       ``(b) Assistant Secretary.--The Bureau shall be headed by 
     the Assistant Secretary of Commerce for Space Commerce, who 
     shall--
       ``(1) be appointed by the President, by and with the advice 
     and consent of the Senate;
       ``(2) report directly to the Secretary of Commerce; and
       ``(3) have a rate of pay that is equal to the rate payable 
     for level IV of the Executive Schedule under section 5315 of 
     title 5.''.
       (2) Conforming amendments.--
       (A) Section 50702(d) of title 51, United States Code, is 
     amended--
       (i) in the subsection heading, by striking ``Director'' and 
     inserting ``Assistant Secretary''; and
       (ii) in the matter preceding paragraph (1), by striking 
     ``Director'' and inserting ``Assistant Secretary''.
       (B) Section 5315 of title 5, United States Code, is amended 
     by striking ``Assistant Secretaries of Commerce (11)'' and 
     inserting ``Assistant Secretaries of Commerce (12)''.
       (3) References.--On and after the date of the enactment of 
     this Act, any reference in any law or regulation to the 
     Director of the Office of Space Commerce shall be deemed to 
     be a reference to the Assistant Secretary of Commerce for 
     Space Commerce.
       (e) Transition Report.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     submit to the appropriate committees of Congress a report 
     that sets forth transition and continuity of operations plans 
     for the functional and administrative transfer of the Office 
     of Space Commerce from the National Oceanic and Atmospheric 
     Administration to a bureau reporting to the Office of the 
     Secretary of Commerce.
       (2) Goal.--The goal of transition and continuity of 
     operations planning shall be to minimize the cost and 
     administrative burden of establishing the Bureau of Space 
     Commerce while maximizing the efficiency and effectiveness of 
     the functions and responsibilities of the Bureau of Space 
     Commerce, in accordance with this section and the amendments 
     made by this section.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (B) the Committee on Science, Space, and Technology and the 
     Committee on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 3134. Mr. CORNYN (for himself and Mr. Lujan) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end title XV, add the following:

Subtitle E--Licensing Aerospace Units to New Commercial Heights Act of 
                                  2024

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Licensing Aerospace 
     Units to New Commercial Heights Act of 2024'' or the ``LAUNCH 
     Act''.

     SEC. 1550. STREAMLINING REGULATIONS RELATING TO COMMERCIAL 
                   SPACE LAUNCH AND REENTRY REQUIREMENTS.

       (a) Evaluation of Implementation of Part 450.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     (referred to in this subtitle as the ``Secretary'') shall 
     evaluate the implementation of part 450 of title 14, Code of 
     Federal Regulations (in this section referred to as ``part 
     450'') and the impacts of part 450 on the commercial 
     spaceflight industry.
       (2) Elements.--The evaluation required by paragraph (1) 
     shall include an assessment of--
       (A) whether increased uncertainty in the commercial 
     spaceflight industry has resulted from the implementation of 
     part 450;
       (B) whether part 450 has resulted in operational delays to 
     emerging launch programs; and
       (C) whether timelines for reviews have changed, including 
     an assessment of the impact of the incremental review process 
     on those timelines and the root cause for multiple reviews, 
     if applicable.
       (3) Report required.--Not later than 90 days after 
     completing the review required by paragraph (1), the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and

[[Page S5444]]

     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives a 
     report that includes--
       (A) the findings of the review;
       (B) recommendations for reducing delays and inefficiencies 
     resulting from part 450 that do not rely solely on additional 
     personnel or funding; and
       (C) an estimate for a timeline and funding for implementing 
     the recommendations described in subparagraph (B).
       (b) Rulemaking Committee.--
       (1) In general.--The Secretary shall consider establishing 
     a Space Transportation Rulemaking Committee, comprised of 
     established and emerging United States commercial space 
     launch and reentry services providers (including providers 
     that hold, and providers that have applied for but not yet 
     received, licenses issued under chapter 509 of title 51, 
     United States Code)--
       (A) to facilitate industry participation in developing 
     recommendations for amendments to part 450 to address the 
     challenges identified in conducting the review required by 
     subsection (a) or under paragraph (2) of section 50905(d) of 
     title 51, United States Code (as added by subsection (d)(3)); 
     and
       (B) to provide a long-term forum for the United States 
     commercial spaceflight industry to share perspectives 
     relating to regulations affecting the industry.
       (2) Prevention of duplicative efforts.--The Secretary shall 
     ensure that a Space Transportation Rulemaking Committee 
     established under this subsection does not provide services 
     or make efforts that are duplicative of the services provided 
     and efforts made by the Commercial Space Transportation 
     Advisory Committee.
       (c) Encouragement of Innovation.--The Secretary shall, on 
     an ongoing basis, determine whether any requirements for a 
     license issued under chapter 509 of title 51, United States 
     Code, can be modified or eliminated to encourage innovative 
     new technologies and operations.
       (d) Modifications to Requirements and Procedures for 
     License Applications.--
       (1) Consideration of safety rationales of license 
     applicants.--Section 50905(a)(2) of title 51, United States 
     Code, is amended--
       (A) by striking ``Secretary may'' inserting the following: 
     ``Secretary--
       ``(A) may'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(B) shall accept a reasonable safety rationale proposed 
     by an applicant for a license under this chapter, including 
     new approaches, consistent with paragraph (1).''.
       (2) Facilitation of license applications and assistance to 
     applicants.--Section 50905(a) of title 51, United States 
     Code, is amended by adding at the end the following:
       ``(3) In carrying out paragraph (1), the Secretary shall 
     assign a licensing team lead to each applicant for a license 
     under this chapter to assist the applicant in streamlining 
     the process for reviewing and approving the license 
     application.''.
       (3) Streamlining of review processes.--Section 50905(d) of 
     title 51, United States Code, is amended by striking the end 
     period and inserting the following: ``, including by--
       ``(1) adjudicating determinations with respect to such 
     applications and revisions to such determinations in a timely 
     manner as part of the incremental review process under 
     section 450.33 of title 14, Code of Federal Regulations (or a 
     successor regulation); and
       ``(2) eliminating and streamlining duplicative review 
     processes with other agencies, particularly relating to the 
     use of Federal ranges or requirements to use the assets of 
     Federal ranges.''.

     SEC. 1551. DIRECT HIRE FOR OFFICE OF COMMERCIAL SPACE 
                   TRANSPORTATION.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall use direct hire authorities (as such 
     authorities existed on the day before the date of the 
     enactment of this Act) to hire individuals on a 
     noncompetitive basis for positions related to space launch 
     and reentry licensing and permit activities.
       (b) Annual Report.--Not less frequently than annually, the 
     Administrator of the Federal Aviation Administration shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science, 
     Space, and Technology of the House of Representatives an 
     annual report on the use of direct hiring authorities to fill 
     such positions within the Federal Aviation Administration 
     related to commercial space launch and reentry licensing and 
     permit activities.

     SEC. 1552. FLIGHT SAFETY ANALYSIS WORKFORCE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) flight safety analysis is critical to maintaining a 
     high level of public safety for commercial space launches 
     from, and reentries to, Federal ranges;
       (2) significant expertise in flight safety analysis exists 
     within the Department of Defense, the Department of 
     Transportation, and the National Aeronautics and Space 
     Administration; and
       (3) the increasing pace of commercial launch and reentries 
     requires greater cooperation among the Secretary of Defense, 
     the Secretary, and the Administrator of the National 
     Aeronautics and Space Administration to support commercial 
     launch and reentry activities at Federal ranges.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Defense and the Administrator of the 
     National Aeronautics and Space Administration, shall submit 
     to the appropriate committees of Congress a report that 
     identifies roles, responsibilities, expertise, and knowledge 
     that exists within the executive branch of the Federal 
     Government relating to analysis of flight safety systems for 
     space launch and reentry activities.
       (c) Memorandum of Understanding.--Upon completion of the 
     report required by subsection (b), the Secretary may enter 
     into memorandum of understanding with the Secretary of 
     Defense and the Administrator of the National Aeronautics and 
     Space Administration to allow Federal range personnel to 
     support flight safety analysis required for the licensing of 
     commercial space launch and reentry activities.

     SEC. 1553. STREAMLINING LICENSING OF PRIVATE REMOTE SENSING 
                   SPACE SYSTEMS.

       (a) Clarification of Remote Sensing Regulatory Authority 
     Over Certain Imaging Systems.--Section 60121(a)(2) of title 
     51, United States Code, is amended by adding at the end the 
     following: ``Instruments determined by the Secretary in 
     writing to be used primarily for mission assurance or other 
     technical purposes shall not be considered to be conducting 
     remote sensing. Instruments used primarily for mission 
     assurance or other technical purposes are instruments used to 
     support the health of the launch vehicle or the operator's 
     spacecraft or the safety of the operator's space operations, 
     including instruments used to support on-board self-
     monitoring for technical assurance, flight reliability, 
     spaceflight safety, navigation, attitude control, separation 
     events, payload deployments, or instruments collecting self-
     images.''.
       (b) Facilitation of License Applications and Assistance to 
     Applicants.--
       (1) In general.--Section 60121 of title 51, United States 
     Code, is amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) by inserting after subsection (c) the following:
       ``(d) Assignment of Dedicated Licensing Officer.--The 
     Secretary shall assign a licensing officer to oversee the 
     application of the applicant for a license under subsection 
     (a). The licensing officer shall assist the applicant by 
     facilitating the application process, minimizing license 
     conditions, and expediting the review and approval of the 
     application, to the extent authorized by law.''.
       (2) Conforming amendment.--Section 60122(b)(3) of title 51, 
     United States Code, is amended by striking ``section 
     60121(e)'' and inserting ``section 60121(f)''.
       (c) Transparency and Expeditious Review of Licenses.--In 
     carrying out the authorities under subchapter III of chapter 
     601 of title 51, United States Code, the Secretary shall--
       (1) provide transparency to and engagement with applicants 
     throughout the licensing process, including by stating with 
     specificity to the applicant or licensee what basis caused 
     the tiering determination of the license;
       (2) minimize the timelines for review of commercial remote 
     sensing licensing applications; and
       (3) not less frequently than annually, reevaluate the 
     criteria for the tiering of satellite systems, with a goal of 
     expeditiously recategorizing Tier 3 systems to a lower tier 
     without temporary license conditions.

     SEC. 1554. GAO REPORT.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives a report on the policies, regulations, and 
     practices of the Department of Commerce (referred to in this 
     section as the ``Department'') with respect to the private 
     remote sensing space industry.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the extent to which such licensing 
     policies, regulations, and practices of the Department 
     promote or inhibit a robust domestic private remote sensing 
     industry, including any restrictions that impede innovative 
     remote sensing capabilities.
       (2) Recommendations on changes to policies, regulations, 
     and practices for consideration by the Secretary of Commerce 
     to promote United States industry leadership in private 
     remote sensing capabilities, including recommendations for--
       (A) determining whether the costs to industry outweigh the 
     benefits of conducting on-site ground station visits, and 
     possible alternatives to ensuring compliance;
       (B) assessing the information in a license application that 
     should be treated as a material fact and the justification 
     for such treatment;
       (C) incorporating industry feedback into Department 
     policies, regulations, and practices; and
       (D) increasing Department transparency by--
       (i) ensuring the wide dissemination of Department guidance;
       (ii) providing clear application instructions; and
       (iii) establishing written precedent of Department actions.
                                 ______
                                 
  SA 3135. Mr. MANCHIN (for himself and Mr. Barrasso) submitted an

[[Page S5445]]

amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

   DIVISION E--EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Expanding Public Lands 
     Outdoor Recreation Experiences Act'' or the ``EXPLORE Act''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Federal land management agency.--The term ``Federal 
     land management agency'' has the meaning given the term in 
     section 802 of the Federal Lands Recreation Enhancement Act 
     (16 U.S.C. 6801).
       (2) Federal recreational lands and waters.--The term 
     ``Federal recreational lands and waters'' has the meaning 
     given the term in section 802 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6801).
       (3) Gateway community.--The term ``gateway community'' 
     means a community that serves as an entry point, or is 
     adjacent, to a recreation destination on Federal recreational 
     lands and waters or non-Federal land at which there is 
     consistently high, in the determination of the Secretaries, 
     seasonal or year-round visitation.
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (5) Land use plan.--The term ``land use plan'' means--
       (A) a land use plan prepared by the Secretary pursuant to 
     section 202 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1712); and
       (B) a land management plan prepared by the Forest Service 
     for a unit of the National Forest System pursuant to section 
     6 of the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1604).
       (6) Secretaries.--The term ``Secretaries'' means each of--
       (A) the Secretary; and
       (B) the Secretary of Agriculture.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary, with respect to land under the 
     jurisdiction of the Secretary; or
       (B) the Secretary of Agriculture, with respect to land 
     managed by the Forest Service.
       (9) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and each territory of the 
     United States.

             TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE

                 Subtitle A--Outdoor Recreation Policy

     SEC. 5111. CONGRESSIONAL DECLARATION OF POLICY.

       Congress declares that it is the policy of the Federal 
     Government to foster and encourage recreation on Federal 
     recreational lands and waters, to the extent consistent with 
     the laws applicable to specific areas of Federal recreational 
     lands and waters, including multiple-use mandates and land 
     management planning requirements.

     SEC. 5112. IDENTIFYING OPPORTUNITIES FOR RECREATION.

       (a) Inventory and Assessments.--
       (1) In general.--The Secretary concerned shall--
       (A) conduct an inventory and assessment of recreation 
     resources for Federal recreational lands and waters;
       (B) provide opportunity for public comment during the 
     development of the inventory and assessment of recreation 
     resources under subparagraph (A); and
       (C) update the inventory and assessment as the Secretary 
     concerned determines appropriate.
       (2) Unique recreation values.--An inventory and assessment 
     conducted under paragraph (1) shall--
       (A) recognize--
       (i) any unique recreation values and recreation 
     opportunities; and
       (ii) areas of concentrated recreational use;
       (B) identify, list, and map recreation resources by--
       (i) type of recreation opportunity and type of natural or 
     artificial recreation infrastructure; and
       (ii) to the extent available, the level of use of the 
     recreation resource as of the date of the inventory; and
       (C) identify, to the extent practicable, any trend relating 
     to recreation opportunities or use at a recreation resource 
     identified under subparagraph (A).
       (3) Assessments.--For any recreation resource inventoried 
     under paragraph (1), the Secretary concerned shall assess--
       (A) the routine and deferred maintenance needs of, and 
     expenses necessary to administer, the recreation resource; 
     and
       (B) the suitability for developing, expanding, or enhancing 
     the recreation resource.
       (b) Existing Efforts.--To the extent practicable, the 
     Secretary concerned shall use or incorporate existing 
     applicable research and planning decisions and processes in 
     carrying out this section.
       (c) Conforming Amendments.--Section 200103 of title 54, 
     United States Code, is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), (h), and 
     (i) as subsections (d), (e), (f), (g), and (h), respectively.

     SEC. 5113. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.

       (a) Definitions.--Section 200102 of title 54, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (4) and (5) respectively; and
       (2) by inserting before paragraph (4), as so redesignated, 
     the following:
       ``(1) Council.--The term `Council' means the Federal 
     Interagency Council on Outdoor Recreation established under 
     section 200104.
       ``(2) Federal land and water management agency.--The term 
     `Federal land and water management agency' means the National 
     Park Service, Bureau of Land Management, United States Fish 
     and Wildlife Service, Bureau of Indian Affairs, Bureau of 
     Reclamation, Forest Service, Corps of Engineers, and the 
     National Oceanic and Atmospheric Administration.
       ``(3) Federal recreational lands and waters.--The term 
     `Federal recreational lands and waters' has the meaning given 
     the term in section 802 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6801) and also includes Federal 
     lands and waters managed by the Bureau of Indian Affairs, 
     Corps of Engineers, or National Oceanic and Atmospheric 
     Administration.''.
       (b) Establishment of Council.--Section 200104 of title 54, 
     United States Code, is amended to read as follows:

     ``Sec. 200104. Federal Interagency Council on Outdoor 
       Recreation

       ``(a) Establishment.--The Secretary shall establish an 
     interagency council, to be known as the `Federal Interagency 
     Council on Outdoor Recreation'.
       ``(b) Composition.--
       ``(1) In general.--The Council shall be composed of 
     representatives of each Federal land and water management 
     agency, to be appointed by the head of the respective agency.
       ``(2) Additional participants.--In addition to the members 
     of the Council appointed under paragraph (1), the Secretary 
     may invite participation in the Council's meetings or other 
     activities from representatives of the following:
       ``(A) The Council on Environmental Quality.
       ``(B) The Natural Resources Conservation Service.
       ``(C) Rural development programs of the Department of 
     Agriculture.
       ``(D) The National Center for Chronic Disease Prevention 
     and Health Promotion.
       ``(E) The Environmental Protection Agency.
       ``(F) The Department of Transportation, including the 
     Federal Highway Administration.
       ``(G) The Tennessee Valley Authority.
       ``(H) The Department of Commerce, including--
       ``(i) the Bureau of Economic Analysis;
       ``(ii) the National Travel and Tourism Office; and
       ``(iii) the Economic Development Administration.
       ``(I) The Federal Energy Regulatory Commission.
       ``(J) An applicable State agency or office.
       ``(K) An applicable agency or office of a local government.
       ``(L) Other organizations or interests, as determined 
     appropriate by the Secretary.
       ``(3) State coordination.--In determining additional 
     participants under this subsection, the Secretary shall seek 
     to ensure that States are invited and represented in the 
     Council's meetings or other activities.
       ``(4) Leadership.--The leadership of the Council shall 
     rotate every 2 years among the Council members appointed 
     under paragraph (1), or as otherwise determined by the 
     Secretary in consultation with the Secretaries of 
     Agriculture, Defense, and Commerce.
       ``(5) Funding.--Notwithstanding section 708 of title VII of 
     division E of the Consolidated Appropriations Act, 2023 
     (Public Law 117-328), the Council members appointed under 
     paragraph (1) may enter into agreements to share the 
     management and operational costs of the Council.
       ``(c) Coordination.--The Council shall meet as frequently 
     as appropriate for the purposes of coordinating on issues 
     related to outdoor recreation, including--
       ``(1) recreation programs and management policies across 
     Federal land and water management agencies, including 
     activities associated with the implementation of the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.), as 
     appropriate;
       ``(2) the response by Federal land and water management 
     agencies to public health emergencies or other emergencies, 
     including those that result in disruptions to, or closures 
     of, Federal recreational lands and waters;
       ``(3) the expenditure of funds relating to outdoor 
     recreation on Federal recreational lands and waters, 
     including funds made available under section 40804(b)(7) of 
     the Infrastructure Investment and Jobs Act (16 U.S.C. 
     6592a(b)(7));
       ``(4) management of emerging technologies on Federal 
     recreational lands and waters;
       ``(5) research activities, including quantifying the 
     economic impacts of recreation;
       ``(6) dissemination to the public of outdoor recreation-
     related information, in a manner

[[Page S5446]]

     that ensures the recreation-related information is easily 
     accessible with modern communication devices;
       ``(7) the improvement of access to Federal recreational 
     lands and waters;
       ``(8) the identification and engagement of partners outside 
     the Federal Government--
       ``(A) to promote outdoor recreation;
       ``(B) to facilitate collaborative management of outdoor 
     recreation; and
       ``(C) to provide additional resources relating to enhancing 
     outdoor recreation opportunities; and
       ``(9) any other outdoor recreation-related issues that the 
     Council determines necessary.
       ``(d) Effect.--Nothing in this section affects the 
     authorities, regulations, or policies of a Federal land and 
     water management agency or any Federal agency described in 
     subsection (b)(2).''.
       (c) Clerical Amendment.--The table of sections for chapter 
     2001 of title 54, United States Code, is amended by striking 
     the item relating to section 200104 and inserting the 
     following:

``200104. Federal Interagency Council on Outdoor Recreation''.

     SEC. 5114. RECREATION BUDGET CROSSCUT.

       Not later than 30 days after the end of each fiscal year, 
     beginning with fiscal year 2025, the Director of the Office 
     of Management and Budget shall submit to Congress and make 
     public online a report that describes and itemizes the total 
     amount of funding relating to outdoor recreation that was 
     obligated in the preceding fiscal year in accounts in the 
     Treasury for the Department of the Interior and the 
     Department of Agriculture.

 Subtitle B--Public Recreation on Federal Recreational Lands and Waters

     SEC. 5121. BIKING ON LONG-DISTANCE TRAILS.

       (a) Identification of Long-distance Trails.--Not later than 
     18 months after the date of the enactment of this title, the 
     Secretaries shall identify--
       (1) not fewer than 10 long-distance bike trails that make 
     use of trails and roads in existence on the date of the 
     enactment of this title; and
       (2) not fewer than 10 areas in which there is an 
     opportunity to develop or complete a trail that would qualify 
     as a long-distance bike trail.
       (b) Public Comment.--The Secretaries shall--
       (1) develop a process to allow members of the public to 
     comment regarding the identification of trails and areas 
     under subsection (a); and
       (2) consider the identification, development, and 
     completion of long-distance bike trails in a geographically 
     equitable manner.
       (c) Maps, Signage, and Promotional Materials.--For any 
     long-distance bike trail identified under subsection (a), the 
     Secretary concerned may--
       (1) publish and distribute maps, install signage, and issue 
     promotional materials;
       (2) coordinate with stakeholders to leverage any non-
     Federal resources necessary for the stewardship, development, 
     or completion of trails; and
       (3) partner with interested organizations to promote trails 
     identified in the report published under subsection (d).
       (d) Report.--Not later than 2 years after the date of the 
     enactment of this title, the Secretaries, shall prepare and 
     publish a report that lists the trails identified under 
     subsection (a), including a summary of public comments 
     received in accordance with the process developed under 
     subsection (b).
       (e) Conflict Avoidance With Other Uses.--Before identifying 
     a long-distance bike trail under subsection (a), the 
     Secretary concerned shall ensure the long-distance bike 
     trail--
       (1) minimizes conflict with--
       (A) the uses, before the date of the enactment of this 
     title, of any trail or road that is part of that long-
     distance bike trail; and
       (B) multiple-use areas where biking, hiking, horseback 
     riding, or use by pack and saddle stock are existing uses on 
     the date of the enactment of this title;
       (2) would not conflict with--
       (A) the purposes for which any trail was or is established 
     under the National Trails System Act (16 U.S.C. 1241 et 
     seq.); and
       (B) a wilderness area established under the Wilderness Act 
     (16 U.S.C. 1131 et seq.); and
       (3) complies with land use and management plans of the 
     Federal recreational lands that are part of that long-
     distance bike trail.
       (f) Eminent Domain or Condemnation.--In carrying out this 
     section, the Secretaries may not use eminent domain or 
     condemnation.
       (g) Definitions.--In this section:
       (1) Long-distance bike trail.--The term ``long-distance 
     bike trail'' means a continuous route, consisting of 1 or 
     more trails or rights-of-way, that--
       (A) is not less than 80 miles in length;
       (B) primarily makes use of dirt or natural surface trails, 
     including crushed stone or gravel;
       (C) may require connections along paved or other improved 
     roads;
       (D) does not include Federal recreational lands where 
     biking or related activities are not consistent with 
     management requirements for those Federal recreational lands; 
     and
       (E) to the maximum extent practicable, makes use of trails 
     and roads that were on Federal recreational lands on or 
     before the date of the enactment of this title.
       (2) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture, 
     acting jointly.

     SEC. 5122. ROCK CLIMBING.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this title, each Secretary concerned shall 
     issue guidance for recreational climbing activities on 
     Federal recreational lands.
       (b) Applicable Law.--The guidance issued under subsection 
     (a) shall ensure that recreational climbing activities comply 
     with the laws (including regulations) applicable to the 
     Federal recreational lands.
       (c) Wilderness Areas.--The guidance issued under subsection 
     (a) shall recognize that recreational climbing (including the 
     use, placement, and maintenance of fixed anchors, where 
     necessary for safety) is an appropriate use within a 
     component of the National Wilderness Preservation System, if 
     undertaken--
       (1) in accordance with the Wilderness Act (16 U.S.C. 1131 
     et seq.) and other applicable laws (including regulations); 
     and
       (2) subject to any terms and conditions determined by the 
     Secretary concerned to be appropriate.
       (d) Authorization.--The guidance issued under subsection 
     (a) shall describe the requirements, if any, for the 
     placement and maintenance of fixed anchors for recreational 
     climbing in a component of the National Wilderness 
     Preservation System, including any terms and conditions 
     determined by the Secretary concerned to be appropriate, 
     which may be issued programmatically or on a case-by-case 
     basis.
       (e) Existing Routes.--The guidance issued under subsection 
     (a) shall include direction providing for the continued use 
     and maintenance of recreational climbing routes (including 
     fixed anchors along the routes) in existence as of the date 
     of the enactment of this title, in accordance with this 
     section and applicable laws (including regulations) and 
     agency management plans.
       (f) Public Comment.--Before finalizing the guidance issued 
     under subsection (a), the Secretary concerned shall provide 
     opportunities for public comment with respect to the 
     guidance.

     SEC. 5123. RANGE ACCESS.

       (a) Definition of Target Shooting Range.--In this section, 
     the term ``target shooting range'' means a developed and 
     managed area that is authorized or operated by the Forest 
     Service, a concessioner of the Forest Service, or the Bureau 
     of Land Management (or its lessee) specifically for the 
     purposeful discharge by the public of legal firearms, 
     firearms training, archery, or other associated activities.
       (b) Assessment; Identification of Target Shooting Range 
     Locations.--
       (1) Assessment.--Not later than 1 year after the date of 
     the enactment of this title, the Secretary concerned shall 
     make available to the public a list that--
       (A) identifies each National Forest and each Bureau of Land 
     Management district that has a target shooting range that 
     meets the requirements described in paragraph (3)(B);
       (B) identifies each National Forest and each Bureau of Land 
     Management district that does not have a target shooting 
     range that meets the requirements described in paragraph 
     (3)(B); and
       (C) for each National Forest and each Bureau of Land 
     Management district identified under subparagraph (B), 
     provides a determination of whether applicable law or the 
     applicable land use plan prevents the establishment of a 
     target shooting range that meets the requirements described 
     in paragraph (3)(B).
       (2) Identification of target shooting range locations.--
       (A) In general.--The Secretary concerned shall identify at 
     least 1 suitable location for a target shooting range that 
     meets the requirements described in paragraph (3)(B) within 
     each National Forest and each Bureau of Land Management 
     district with respect to which the Secretary concerned has 
     determined under paragraph (1)(C) that the establishment of a 
     target shooting range is not prevented by applicable law or 
     the applicable land use plan.
       (B) Requirements.--The Secretaries, in consultation with 
     the entities described in subsection (d), shall, for purposes 
     of identifying a suitable location for a target shooting 
     range under subparagraph (A)--
       (i) consider the proximity of areas frequently used by 
     recreational shooters;
       (ii) ensure that the target shooting range would not 
     adversely impact a shooting range operated on non-Federal 
     land; and
       (iii) consider other nearby uses, including recreational 
     uses and proximity to units of the National Park System, to 
     minimize potential conflict and prioritize visitor safety.
       (3) Establishment of new target shooting ranges.--
       (A) In general.--Not later than 5 years after the date of 
     the enactment of this title, at 1 or more suitable locations 
     identified on each eligible National Forest and Bureau of 
     Land Management district under paragraph (2)(A), the 
     Secretary concerned shall--
       (i) subject to the availability of appropriations for such 
     purpose, construct a target shooting range that meets the 
     requirements described in subparagraph (B) or modify an 
     existing target shooting range to meet the requirements 
     described in subparagraph (B); or
       (ii) enter into an agreement with an entity described in 
     subsection (d)(1), under which

[[Page S5447]]

     the entity shall establish or maintain a target shooting 
     range that meets the requirements described in subparagraph 
     (B).
       (B) Requirements.--A target shooting range established 
     under this paragraph--
       (i)(I) shall be able to accommodate rifles and pistols;
       (II) may include skeet, trap, or sporting clay 
     infrastructure; and
       (III) may accommodate archery;
       (ii) shall include appropriate public safety designs and 
     features, including--

       (I) significantly modified landscapes, including berms, 
     buffer distances, or other public safety designs or features; 
     and
       (II) a designated firing line; and

       (iii) may include--

       (I) shade structures;
       (II) trash containers;
       (III) restrooms;
       (IV) benches; and
       (V) any other features that the Secretary concerned 
     determines to be necessary.

       (C) Recreation and public purposes act.--For purposes of 
     subparagraph (A), the Secretary concerned may consider a 
     target shooting range that is located on land transferred or 
     leased pursuant to the Act of June 14, 1926 (commonly known 
     as the ``Recreation and Public Purposes Act'') (44 Stat. 741, 
     chapter 578; 43 U.S.C. 869 et seq.), as a target shooting 
     range that meets the requirements described in subparagraph 
     (B).
       (c) Restrictions.--
       (1) Management.--The management of a target shooting range 
     shall be subject to such conditions as the Secretary 
     concerned determines are necessary for the safe, responsible 
     use of--
       (A) the target shooting range; and
       (B) the adjacent land and resources.
       (2) Closures.--Except in emergency situations, the 
     Secretary concerned shall seek to ensure that a target 
     shooting range that meets the requirements described in 
     subsection (b)(3)(B), or an equivalent shooting range 
     adjacent to a National Forest or Bureau of Land Management 
     district, is available to the public prior to closing Federal 
     recreational lands and waters administered by the Secretary 
     concerned to recreational shooting, in accordance with 
     section 4103 of the John D. Dingell, Jr. Conservation, 
     Management, and Recreation Act (16 U.S.C. 7913).
       (d) Coordination.--
       (1) In general.--In carrying out this section, the 
     Secretaries shall coordinate with--
       (A) State, Tribal, and local governments;
       (B) nonprofit or nongovernmental organizations, including 
     organizations that are signatories to the memorandum of 
     understanding entitled ``Federal Lands Hunting, Fishing, and 
     Shooting Sports Roundtable Memorandum of Understanding'' and 
     signed by the Forest Service and the Bureau of Land 
     Management on August 17, 2006;
       (C) shooting clubs;
       (D) Federal advisory councils relating to hunting and 
     shooting sports;
       (E) individuals or entities with authorized leases or 
     permits in an area under consideration for a target shooting 
     range; and
       (F) private landowners adjacent to a target shooting range.
       (2) Partnerships.--The Secretaries may--
       (A) coordinate with an entity described in paragraph (1) to 
     assist with the construction, modification, operation, or 
     maintenance of a target shooting range; and
       (B) explore opportunities to leverage funding to maximize 
     non-Federal investment in the construction, modification, 
     operation, or maintenance of a target shooting range.
       (e) Annual Reports.--Not later than 2 years after the date 
     of the enactment of this title and annually thereafter 
     through fiscal year 2033, the Secretaries shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing the progress made with 
     respect to the implementation of this section.
       (f) Savings Clause.--Nothing in this section affects the 
     authority of the Secretary concerned to administer a target 
     shooting range that is in addition to the target shooting 
     ranges that meet the requirements described in subsection 
     (b)(3)(B) on Federal recreational lands and waters 
     administered by the Secretary concerned.

     SEC. 5124. RESTORATION OF OVERNIGHT CAMPSITES.

       (a) Definitions.--In this section:
       (1) Recreation area.--The term ``Recreation Area'' means 
     the recreation area and grounds associated with the 
     recreation area on the map entitled ``Ouachita National 
     Forest Camping Restoration'' and dated November 30, 2023, on 
     file with the Forest Service.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) In General.--The Secretary shall--
       (1) not later than 6 months after the date of the enactment 
     of this title, identify 54 areas within the Recreation Area 
     that may be suitable for overnight camping; and
       (2) not later than 2 years after the date of the enactment 
     of this title--
       (A) review each area identified under paragraph (1); and
       (B) from the areas so identified, select and establish at 
     least 27 campsites and related facilities within the 
     Recreation Area for public use.
       (c) Requirements Related to Campsites and Related 
     Facilities.--The Secretary shall--
       (1) ensure that at least 27 campsites are available under 
     subsection (b), of which not less than 8 shall have electric 
     and water hookups; and
       (2) ensure that each campsite and related facility 
     identified or established under subsection (b) is located 
     outside of the 1 percent annual exceedance probability flood 
     elevation.
       (d) Reopening of Certain Sites.--Not later than 30 days 
     after the date of the enactment of this title, the Secretary 
     shall open each campsite within the Recreation Area that--
       (1) exists on the date of the enactment of this title;
       (2) is located outside of the 1 percent annual exceedance 
     probability flood elevation;
       (3) was in operation on June 1, 2010; and
       (4) would not interfere with any current (as of the date of 
     the enactment of this title) day use areas.
       (e) Day Use Areas.--Not later than 1 year after the date of 
     the enactment of this title, the Secretary shall take such 
     actions as are necessary to rehabilitate and make publicly 
     accessible the areas in the Recreation Area identified for 
     year-round day use, including the following:
       (1) Loop A.
       (2) Loop B.
       (3) The covered, large-group picnic pavilion in Loop D.
       (4) The parking lot in Loop D.

     SEC. 5125. FEDERAL INTERIOR LAND MEDIA.

       (a) Filming in National Park System Units.--
       (1) In general.--Chapter 1009 of title 54, United States 
     Code, is amended by striking section 100905 and inserting the 
     following:

     ``Sec. 100905. Filming and still photography in System units

       ``(a) Filming and Still Photography.--
       ``(1) Permits for filming or still photography activity.--
       ``(A) In general.--The Secretary may, for a filming or 
     still photography activity or similar project in a System 
     unit (referred to in this section as a `filming or still 
     photography activity')--
       ``(i) except as provided in subparagraph (B), require an 
     authorization or permit; and
       ``(ii) if an authorization or permit is issued, assess a 
     reasonable fee, as described in subsection (b)(1).
       ``(B) Exceptions.--The Secretary shall not require an 
     authorization or a permit or assess a fee for a filming or 
     still photography activity that--
       ``(i) does not substantially impede or intrude on the 
     experience of other visitors to the applicable System unit;
       ``(ii) does not, except as otherwise authorized, materially 
     disturb or negatively impact--

       ``(I) a natural resource, as that term is defined in 
     section 300.5 of title 40, Code of Federal Regulations (as in 
     effect on the date of enactment of the EXPLORE Act);
       ``(II) a cultural resource; or
       ``(III) an environmental, scientific, historic, or scenic 
     value;

       ``(iii) occurs at a location in which the public is 
     allowed;
       ``(iv) does not require the exclusive use of a site or 
     area;
       ``(v) does not involve a set or staging or lighting 
     equipment unless the equipment is carriable by hand (such as 
     a tripod, monopod, or handheld lighting equipment);
       ``(vi) is conducted in a manner consistent with visitor use 
     policies, practices, and regulations applicable to the 
     applicable System unit;
       ``(vii) does not result in additional administrative costs 
     incurred by the Secretary for providing on-site management 
     and oversight to protect agency resources or minimize visitor 
     use conflicts;
       ``(viii) is conducted in a manner that is consistent with 
     other applicable Federal, State (as defined in section 5002 
     of the EXPLORE Act), and local laws (including regulations), 
     including laws relating to the use of unmanned aerial 
     equipment; and
       ``(ix) does not impede the management and staff operations 
     in the applicable System unit.
       ``(C) No filming or photography authorized.--The Secretary 
     shall not issue an authorization or permit for a filming or 
     still photography activity if the Secretary determines that 
     the filming or still photography activity--
       ``(i) would cause resource damage in the applicable System 
     unit;
       ``(ii) would cause an unreasonable disruption of the use 
     and enjoyment by the public of the applicable System unit;
       ``(iii) would pose a health or safety risk to the public; 
     or
       ``(iv) would cause unreasonable disruption of the use of, 
     operations on, or access to the applicable System unit by 
     Federal land management agencies, volunteers, contractors, 
     partners, or land use authorization holders.
       ``(2) Application.--
       ``(A) Permits requested though not required.--On the 
     request of a person intending to carry out a filming or still 
     photography activity, the Secretary may issue an 
     authorization or permit for the filming or still photography 
     activity, even if an authorization or permit is not required 
     under this section.
       ``(B) Filming and still photography at authorized events.--
     A filming or still photography activity at an activity or 
     event that is authorized under a special event permit and 
     conducted by the permittee or a person affiliated with the 
     permittee, including a wedding, engagement party, family 
     reunion, photography-club outing, or celebration of a 
     graduate, shall not require a separate filming or still 
     photography authorization or permit under this section.

[[Page S5448]]

       ``(C) Monetary compensation.--The Secretary shall not 
     consider whether a person conducting a filming or still 
     photography activity would receive monetary compensation for 
     the filming or still photography activity in determining 
     whether the filming or still photography activity is 
     authorized or requires an authorization or permit under this 
     section.
       ``(D) Number of individuals.--For purposes of determining 
     whether a filming or still photography activity conforms with 
     the criteria described in subparagraph (B) or (C) of 
     paragraph (1), the number of individuals participating in the 
     activity shall not be the sole consideration of the 
     Secretary.
       ``(E) Application of other laws.--The Secretary shall 
     ensure that a filming or still photography activity and any 
     necessary authorizing or permitting for a filming or still 
     photography activity are carried out in a manner consistent 
     with the management plan of the applicable System unit and 
     the laws and policies applicable to the Service.
       ``(3) Processing of permit applications.--
       ``(A) In general.--The Secretary shall establish a process 
     to ensure that the Secretary responds in a timely manner to 
     an application required under paragraph (1), including a 
     process to respond rapidly to requests related to breaking 
     news events.
       ``(B) Coordination.--If one or more authorizations or 
     permits are required under this section for 2 or more Federal 
     agencies or Federal land management units and System units, 
     the Secretary and the head of any other applicable Federal 
     agency, as applicable, shall, to the maximum extent 
     practicable, coordinate authorization and permit processing 
     procedures, including through the use of identifying a lead 
     agency or lead Federal land management unit or System unit--
       ``(i) to review the application for the authorization or 
     permits;
       ``(ii) to issue the authorization or permits; and
       ``(iii) to collect any required fees and recovery costs 
     under subsection (b).
       ``(b) Fees and Recovery Costs.--
       ``(1) Fees.--The reasonable fees referred to in paragraphs 
     (1)(A) and (3)(B) of subsection (a) shall be assessed based 
     on--
       ``(A) the number of days required for the filming or still 
     photography activity within the System unit;
       ``(B) the size of the film or still photography crew 
     present in the System unit;
       ``(C) the quantity and type of film or still photography 
     equipment present in the System unit; and
       ``(D) any other factors that the Secretary determines to be 
     necessary to provide a fair return to the United States.
       ``(2) Recovery of costs.--For any authorization or permit 
     issued under subsection (a), and in addition to any fee 
     assessed in accordance with paragraph (1), the Secretary 
     shall collect from the applicant for the applicable 
     authorization or permit any costs incurred by the Secretary 
     for the permit, including--
       ``(A) the costs of the review or issuance of the 
     authorization or permit; and
       ``(B) related administrative and personnel costs.
       ``(3) Use of proceeds.--
       ``(A) Fees.--All fees collected under this section shall--
       ``(i) be available for expenditure by the Secretary, 
     without further appropriation; and
       ``(ii) remain available until expended.
       ``(B) Costs.--All costs recovered under paragraph (2)(A) 
     shall--
       ``(i) be available for expenditure by the Secretary, 
     without further appropriation, at the System unit at which 
     the costs are collected; and
       ``(ii) remain available until expended.
       ``(c) Civil Penalty.--Not later than 2 years after the date 
     of enactment of the EXPLORE Act the Secretary shall issue 
     guidance that establishes a civil penalty for failing to 
     obtain an authorization or permit as required under 
     subsection (a)(1).''.
       (2) Clerical amendment.--The table of sections for chapter 
     1009 of title 54, United States Code, is amended by striking 
     the item relating to section 100905 and inserting the 
     following:

``100905. Filming and still photography in System units.''.
       (b) Filming on Other Federal Land.--Public Law 106-206 (16 
     U.S.C. 460l-6d) is amended by striking section 1 and 
     inserting the following:

     ``SECTION 1. FILMING AND STILL PHOTOGRAPHY.

       ``(a) Filming and Still Photography.--
       ``(1) Permits for filming or still photography activity.--
       ``(A) In general.--The Secretary concerned may, for a 
     filming or still photography activity or similar project in a 
     Federal land management unit under the jurisdiction of the 
     Secretary concerned (referred to in this section as a 
     `filming or still photography activity')--
       ``(i) except as provided in subparagraph (B), require an 
     authorization or permit; and
       ``(ii) if an authorization or permit is issued, assess a 
     reasonable fee, as described in subsection (b)(1).
       ``(B) Exceptions.--The Secretary concerned shall not 
     require an authorization or a permit or assess a fee for a 
     filming or still photography activity that--
       ``(i) does not substantially impede or intrude on the 
     experience of other visitors to the applicable Federal land 
     management unit;
       ``(ii) does not, except as otherwise authorized, materially 
     disturb or negatively impact--

       ``(I) a natural resource, as that term is defined in 
     section 300.5 of title 40, Code of Federal Regulations (as in 
     effect on the date of enactment of the EXPLORE Act);
       ``(II) a cultural resource; or
       ``(III) an environmental, scientific, historic, or scenic 
     value;

       ``(iii) occurs at a location in which the public is 
     allowed;
       ``(iv) does not require the exclusive use of a site or 
     area;
       ``(v) does not involve a set or staging or lighting 
     equipment unless the equipment is carriable by hand (such as 
     a tripod, monopod, or handheld lighting equipment);
       ``(vi) is conducted in a manner consistent with visitor use 
     policies, practices, and regulations applicable to the 
     applicable Federal land management unit;
       ``(vii) does not result in additional administrative costs 
     incurred by the Secretary concerned for providing on-site 
     management and oversight to protect agency resources or 
     minimize visitor use conflicts;
       ``(viii) is conducted in a manner that is consistent with 
     other applicable Federal, State, and local laws (including 
     regulations), including laws relating to the use of unmanned 
     aerial equipment; and
       ``(ix) does not impede the management and staff operations 
     in the applicable Federal land management unit.
       ``(C) No filming or photography authorized.--The Secretary 
     concerned shall not issue an authorization or permit for a 
     filming or still photography activity if the Secretary 
     concerned determines that the filming or still photography 
     activity--
       ``(i) would cause resource damage in the applicable Federal 
     land management unit;
       ``(ii) would cause an unreasonable disruption of the use 
     and enjoyment by the public of the applicable Federal land 
     management unit;
       ``(iii) would pose a health or safety risk to the public; 
     or
       ``(iv) would cause unreasonable disruption of the use of, 
     operations on, or access to the applicable Federal land 
     management unit by Federal land management agencies, 
     volunteers, contractors, partners, or permit holders.
       ``(2) Application.--
       ``(A) Permits requested though not required.--On the 
     request of a person intending to carry out a filming or still 
     photography activity, the Secretary concerned may issue an 
     authorization or permit for the filming or still photography 
     activity, even if an authorization or permit is not required 
     under this section.
       ``(B) Filming and still photography at authorized events.--
     A filming or still photography activity at an activity or 
     event that is authorized under a special event permit and 
     conducted by the permittee or a person affiliated with the 
     permittee, including a wedding, engagement party, family 
     reunion, photography-club outing, or celebration of a 
     graduate, shall not require a separate filming or still 
     photography authorization or permit under this section.
       ``(C) Monetary compensation.--The Secretary concerned shall 
     not consider whether a person conducting a filming or still 
     photography activity would receive monetary compensation for 
     the filming or still photography activity in determining 
     whether the filming or still photography activity is 
     authorized or requires a permit under this section.
       ``(D) Number of individuals.--For purposes of determining 
     whether a filming or still photography activity conforms with 
     the criteria described in subparagraph (B) or (C) of 
     paragraph (1), the number of individuals participating in the 
     activity shall not be the sole consideration of the Secretary 
     concerned.
       ``(E) Application of other laws.--The Secretary concerned 
     shall ensure that a filming or still photography activity and 
     any necessary authorizing or permitting for a filming or 
     still photography activity are carried out in a manner 
     consistent with the applicable land use plan and the laws and 
     policies applicable to the Federal land management agency.
       ``(3) Processing of permit applications.--
       ``(A) In general.--The Secretary concerned shall establish 
     a process to ensure that the Secretary concerned responds in 
     a timely manner to an application required under paragraph 
     (1), including a process to respond rapidly to requests 
     related to breaking news events.
       ``(B) Coordination.--If one or more authorizations or 
     permits are required under this section for 2 or more Federal 
     agencies or Federal land management units, the Secretary 
     concerned and the head of any other applicable Federal 
     agency, as applicable, shall, to the maximum extent 
     practicable, coordinate authorization and permit processing 
     procedures, including through the use of identifying a lead 
     agency or lead Federal land management unit--
       ``(i) to review the application for the authorizations or 
     permits;
       ``(ii) to issue the authorizations or permits; and
       ``(iii) to collect any required fees and recover costs 
     under subsection (b).
       ``(b) Fees and Recovery Costs.--
       ``(1) Fees.--The reasonable fees referred to in paragraphs 
     (1)(A) and (3)(B) of subsection (a) shall be assessed based 
     on--
       ``(A) the number of days required for the filming or still 
     photography activity within the Federal land management unit;

[[Page S5449]]

       ``(B) the size of the film or still photography crew 
     present in the Federal land management unit;
       ``(C) the quantity and type of film or still photography 
     equipment present in the Federal land management unit; and
       ``(D) any other factors that the Secretary concerned 
     determines to be necessary to provide a fair return to the 
     United States.
       ``(2) Recovery of costs.--For any authorization or permit 
     issued under subsection (a) and in addition to any fee 
     assessed in accordance with paragraph (1), the Secretary 
     concerned shall collect from the applicant for the applicable 
     authorization or permit any costs incurred by the Secretary 
     concerned for the authorization or permit, including--
       ``(A) the costs of the review or issuance of the 
     authorization or permit; and
       ``(B) related administrative and personnel costs.
       ``(3) Use of proceeds.--
       ``(A) Fees.--All fees collected under this section shall--
       ``(i) be available for expenditure by the Secretary 
     concerned, without further appropriation; and
       ``(ii) remain available until expended.
       ``(B) Costs.--All costs recovered under paragraph (2)(A) 
     shall--
       ``(i) be available for expenditure by the Secretary 
     concerned, without further appropriation, at the Federal land 
     management unit at which the costs are collected; and
       ``(ii) remain available until expended.
       ``(c) Civil Penalty.--Not later than 2 years after the date 
     of enactment of the EXPLORE Act, the Secretary concerned 
     shall issue guidance that establishes a civil penalty for 
     failing to obtain an authorization or permit as required 
     under subsection (a)(1).
       ``(d) Definitions.--In this section:
       ``(1) Federal land management unit.--The term `Federal land 
     management unit' means--
       ``(A) Federal land (other than National Park System land) 
     under the jurisdiction of the Secretary of the Interior; and
       ``(B) National Forest System land.
       ``(2) Land use plan.--The term `land use plan' means--
       ``(A) a land use plan prepared by the Secretary of the 
     Interior pursuant to section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712); and
       ``(B) a land management plan prepared by the Forest Service 
     for a unit of the National Forest System pursuant to section 
     6 of the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1604).
       ``(3) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of the Interior, with respect to land 
     described in paragraph (1)(A); and
       ``(B) the Secretary of Agriculture, with respect to land 
     described in paragraph (1)(B).
       ``(4) State.--The term `State' means each of the several 
     States, the District of Columbia, and each territory of the 
     United States.''.

     SEC. 5126. CAPE AND ANTLER PRESERVATION ENHANCEMENT.

       Section 104909(c) of title 54, United States Code, is 
     amended by striking ``meat from'' and inserting ``meat and 
     any other part of an animal removed pursuant to''.

     SEC. 5127. MOTORIZED AND NONMOTORIZED ACCESS.

       (a) In General.--The Secretary concerned shall seek to 
     have, not later than 5 years after the date of the enactment 
     of this title, in a printed and publicly available format 
     that is compliant with the format for geographic information 
     systems--
       (1) for each district administered by the Director of the 
     Bureau of Land Management, a map of ground transportation 
     linear features authorized for public use or administrative 
     use; and
       (2) for each unit of the National Forest System, a motor 
     vehicle use map, in accordance with existing law.
       (b) Over-snow Vehicle-use Maps.--The Secretary concerned 
     shall seek to have, not later than 10 years after the date of 
     the enactment of this title, in a printed and publicly 
     available format that is compliant with the format for 
     geographic information systems, an over-snow vehicle-use map 
     for each unit of Federal recreational lands and waters 
     administered by the Secretary of Agriculture or Director of 
     the Bureau of Land Management on which over-snow vehicle-use 
     occurs, in accordance with existing law.
       (c) Out-of-date Maps.--Not later than 20 years after the 
     date on which the Secretary concerned adopted or reviewed a 
     map described in subsection (a) or (b), the Secretary 
     concerned shall review and update, as necessary and with 
     public comment, the applicable map.
       (d) Motorized and Nonmotorized Access.--The Secretaries 
     shall seek to create additional opportunities, as 
     appropriate, and in accordance with existing law, for 
     motorized and nonmotorized access and opportunities on 
     Federal recreational lands and waters administered by the 
     Secretary of Agriculture or the Director of the Bureau of 
     Land Management.
       (e) Savings Clause.--Nothing in this section prohibits a 
     lawful use, including authorized motorized or nonmotorized 
     uses, on Federal recreational lands and waters administered 
     by the Secretary concerned, if the Secretary concerned fails 
     to meet a timeline established under this section.

     SEC. 5128. AQUATIC RESOURCE ACTIVITIES ASSISTANCE.

       (a) Definitions.--Section 1003 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) 
     is amended--
       (1) by redesignating paragraphs (11) through (19) as 
     paragraphs (12) through (20); and
       (2) by inserting after paragraph (10) the following:
       ``(11) `non-Federal entity' means any private entity or 
     individual, nonprofit organization, institution, non-Federal 
     government agency or department, or State, or local 
     government (including a political subdivision, department, or 
     component thereof).''.
       (b) Aquatic Nuisance Species Program.--Section 1202 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4722) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3) Inspection and decontamination.--To minimize the risk 
     of introduction and dispersal of aquatic nuisance species to 
     waters of the United States, each Federal member of the Task 
     Force may, as appropriate and in coordination with States and 
     Indian tribes--
       ``(A) conduct inspections and decontamination of 
     recreational vessels entering or leaving Federal lands and 
     waters under the jurisdiction of the respective member of the 
     Task Force;
       ``(B) if necessary for decontamination purposes, prevent 
     entry of a recreational vessel until such decontamination is 
     complete;
       ``(C) enter into a partnership with a non-Federal entity or 
     Indian Tribe to--
       ``(i) conduct inspections and decontaminations of 
     recreational vessels under this paragraph; or
       ``(ii) establish an inspection and decontamination station 
     for recreational vessels; and
       ``(D) at the sole discretion of the applicable Federal 
     member of the Task Force, accept inspections and 
     decontaminations conducted under subparagraph (C)(i) for the 
     purposes of allowing entry by recreational vessels to water 
     regulated by such member of the Task Force.
       ``(4) Minimizing disruption.--Each member of the Task Force 
     shall, in conducting inspections or decontaminations of 
     recreational vessels under paragraph (3), or partnering with 
     a non-Federal entity or Indian tribe to conduct inspections 
     and decontaminations under paragraph (3), minimize disruption 
     to public access for boating and recreation in 
     noncontaminated recreational vessels to the maximum extent 
     practicable.
       ``(5) Exceptions.--
       ``(A) Authorities.--Nothing in paragraph (3) shall be 
     construed to--
       ``(i) limit the authority of the Commandant of the Coast 
     Guard to regulate vessels provided under any other provision 
     of law;
       ``(ii) limit the authority, jurisdiction, or 
     responsibilities of a State to manage, control, or regulate 
     fish and wildlife under the laws and regulations of the 
     State;
       ``(iii) limit the authority, jurisdiction, or 
     responsibilities of an Indian Tribe to manage, control, or 
     regulate fish and wildlife under the treaties, laws, and 
     regulations of the Indian Tribe;
       ``(iv) authorize members of the Task Force to control or 
     regulate within a State the fishing or hunting of fish and 
     wildlife; or
       ``(v) authorize members of the Task Force to prohibit 
     access of recreational vessels to waters of the United States 
     due solely to the absence of a vessel inspection and 
     decontamination program or station.
       ``(B) Locations.--Authorities granted in paragraph (3) 
     shall not apply at locations where--
       ``(i) inspection or decontamination activities would 
     duplicate efforts by the Coast Guard; or
       ``(ii) the Coast Guard is exercising its authority to 
     direct vessel traffic pursuant to section 70002 or section 
     70021 of title 46, United States Code;
       ``(6) Data sharing.--Each Federal member of the Task Force 
     shall make available to a State any relevant data gathered 
     related to inspections or decontaminations carried out under 
     this subsection in such State, consistent with other laws and 
     regulations.''; and
       (2) in subsection (e)--
       (A) in paragraph (1)--
       (i) in the first sentence, by inserting ``, economy, 
     infrastructure,'' after ``environment''; and
       (ii) in the second sentence, by inserting ``(including 
     through the use of recreational vessel inspection and 
     decontamination stations)'' after ``aquatic nuisance 
     species''; and
       (B) in paragraph (2), in the second sentence, by inserting 
     ``infrastructure, and the'' after ``ecosystems,''.
       (c) Grant Program for Recreational Vessel Inspection and 
     Decontamination Stations in Reclamation States.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary, acting through the 
     Commissioner of Reclamation, shall establish a competitive 
     grant program to provide financial assistance to prohibit 
     introduction and dispersal of aquatic invasive species into, 
     within, and out of reclamation projects, including financial 
     assistance to purchase, establish, operate, or maintain a 
     recreational vessel inspection and decontamination station 
     within a reclamation State.
       (2) Cost share.--For any grant provided under paragraph 
     (1), the Federal share of the cost of purchasing, 
     establishing, operating,

[[Page S5450]]

     and maintaining a recreational vessel inspection and 
     decontamination station, including personnel costs, shall not 
     exceed 75 percent of the total costs.
       (3) Eligibility.--To be eligible to obtain assistance under 
     this subsection, an entity shall--
       (A) be party to a partnership agreement under section 
     1202(c)(3)(C) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4722(c)(3)(C)), 
     as amended by this section;
       (B) receive no Federal funds under such partnership 
     agreement; and
       (C) submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       (4) Coordination.--In carrying out this subsection, the 
     Secretary shall coordinate with--
       (A) reclamation States;
       (B) affected Indian Tribes; and
       (C) the Aquatic Nuisance Species Task Force.
       (5) Definitions.--In this subsection:
       (A) Reclamation project.--The term ``reclamation project'' 
     has the meaning given the term in section 2803 of the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (16 U.S.C. 460l-32).
       (B) Reclamation state.--The term ``reclamation State'' has 
     the meaning given the term in section 4014 of the Water 
     Infrastructure Improvements for the Nation Act (43 U.S.C. 
     390b note).

    Subtitle C--Supporting Gateway Communities and Addressing Park 
                              Overcrowding

     SEC. 5131. GATEWAY COMMUNITIES.

       (a) Assessment of Impacts and Needs in Gateway 
     Communities.--The Secretaries--
       (1) shall collaborate with State and local governments, 
     Indian Tribes, housing authorities, applicable trade 
     associations, nonprofit organizations, private entities, and 
     other relevant stakeholders to identify needs and economic 
     impacts in gateway communities, including--
       (A) housing shortages, including for employees of Federal 
     land management agencies;
       (B) demands on and required improvement of existing 
     municipal infrastructure;
       (C) accommodation and management of sustainable visitation; 
     and
       (D) the improvement and diversification of visitor 
     experiences by bolstering the visitation at--
       (i) existing developed locations that are underutilized on 
     nearby Federal recreational lands and waters that are 
     suitable for developing, expanding, or enhancing recreation 
     use, as identified by the Secretaries; or
       (ii) existing developed and suitable lesser-known 
     recreation sites, as identified under section 5132(b)(1)(B), 
     on nearby land managed by a State agency or a local agency; 
     and
       (2) may address a need identified under paragraph (1) by--
       (A) providing financial or technical assistance to a 
     gateway community under an existing program;
       (B) entering into an agreement, right-of-way, or easement, 
     in accordance with applicable laws; or
       (C) issuing an entity referred to in paragraph (1) a 
     special use permit (other than a special recreation permit 
     (as defined in section 802 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6801)), in accordance with 
     applicable laws.
       (b) Technical Assistance to Businesses.--The Secretaries, 
     in coordination with the heads of other applicable Federal 
     agencies, shall provide to outdoor recreation and supporting 
     businesses in gateway communities information on applicable 
     Federal resources and programs available to provide 
     financing, technical assistance, or other services to such 
     businesses to establish, operate, or expand infrastructure to 
     accommodate and manage sustainable visitation.
       (c) Partnerships.--In carrying out this section, the 
     Secretary concerned may, in accordance with applicable laws, 
     enter into a public-private partnership, cooperative 
     agreement, memorandum of understanding, or similar agreement 
     with a gateway community or a business in a gateway 
     community.

     SEC. 5132. IMPROVED RECREATION VISITATION DATA.

       (a) Consistent Visitation Data.--
       (1) Annual visitation data.--The Secretaries shall 
     establish a single visitation data reporting system to report 
     accurate annual visitation data, in a consistent manner, 
     for--
       (A) each unit of Federal recreational lands and waters; and
       (B) land held in trust for an Indian Tribe, on request of 
     the Indian Tribe.
       (2) Categories of use.--Within the visitation data 
     reporting system established under paragraph (1), the 
     Secretaries shall--
       (A) establish multiple categories of different recreation 
     activities that are reported consistently across agencies; 
     and
       (B) provide an estimate of the number of visitors for each 
     applicable category established under subparagraph (A) for 
     each unit of Federal recreational lands and waters.
       (3) Low-use recreation.--In reporting visitation under 
     paragraph (1), the Secretaries shall seek to model or capture 
     low-use and dispersed recreation activities that may not be 
     effectively measured by existing general and opportunistic 
     survey and monitoring protocols.
       (4) Reports.--Not later than 1 year after the date of the 
     enactment of this title, and annually thereafter, the 
     Secretaries shall publish on a website of the Secretaries a 
     report that describes the annual visitation of each unit of 
     Federal recreational lands and waters, including, to the 
     maximum extent practicable, visitation categorized by 
     recreational activity.
       (b) Real-time Data Pilot Program.--
       (1) In general.--Not later than 5 years after the date of 
     the enactment of this title, using existing funds available 
     to the Secretaries, the Secretaries shall carry out a pilot 
     program, to be known as the ``Real-Time Data Pilot Program'' 
     (referred to in this section as the ``Pilot Program''), to 
     make available to the public, for each unit of Federal 
     recreational lands and waters selected for participation in 
     the Pilot Program under paragraph (2)--
       (A) real-time or predictive data on visitation (which may 
     include data and resources publicly available from existing 
     nongovernmental platforms) at--
       (i) the unit of Federal recreational lands and waters;
       (ii) to the extent practicable, areas within the unit of 
     Federal recreational lands and waters; and
       (iii) to the extent practicable, recreation sites managed 
     by any other Federal agency, a State agency, or a local 
     agency that are located near the unit of Federal recreational 
     lands and waters; and
       (B) information about lesser-known recreation sites for 
     which data is provided under subparagraph (A)(iii), in an 
     effort to encourage visitation among recreational sites.
       (2) Locations.--
       (A) Initial number of units.--On establishment of the Pilot 
     Program, the Secretaries shall select for participation in 
     the Pilot Program--
       (i) 10 units of Federal recreational lands and waters 
     managed by the Secretary; and
       (ii) 5 units of Federal recreational lands and waters 
     managed by the Secretary of Agriculture.
       (B) Report.--Not later than 6 years after the date of the 
     enactment of this title, the Secretaries shall submit a 
     report to Congress regarding the implementation of the Pilot 
     Program, including policy recommendations on the expansion of 
     the Pilot Program to additional units managed by the 
     Secretaries.
       (C) Feedback; support of gateway communities.--The 
     Secretaries shall--
       (i) prior to selecting locations for the Pilot Program, 
     solicit feedback regarding participation in the Pilot Program 
     from communities adjacent to units of Federal recreational 
     lands and waters and the public; and
       (ii) in carrying out subparagraphs (A) and (B), select a 
     unit of Federal recreation lands and waters to participate in 
     the Pilot Program only if the community adjacent to the unit 
     of Federal recreational lands and waters is supportive of the 
     participation of the unit of Federal recreational lands and 
     waters in the Pilot Program.
       (3) Dissemination of information.--The Secretaries may 
     disseminate the information described in paragraph (1) 
     directly or through an entity or organization referred to in 
     subsection (c).
       (4) Inclusion of current assessments.--In carrying out the 
     Pilot Program, the Secretaries may, to the extent 
     practicable, rely on assessments completed or data gathered 
     prior to the date of enactment of this title.
       (c) Community Partners and Third-party Providers.--For 
     purposes of carrying out this section, the Secretary 
     concerned may--
       (1) coordinate and partner with--
       (A) communities adjacent to units of Federal recreational 
     lands and waters;
       (B) State and local governments, including outdoor 
     recreation and tourism offices;
       (C) Indian Tribes;
       (D) trade associations;
       (E) local outdoor recreation marketing organizations;
       (F) recreation service providers; or
       (G) other relevant stakeholders; and
       (2) coordinate or enter into agreements, as appropriate, 
     with private sector and nonprofit partners, including--
       (A) technology companies;
       (B) geospatial data companies;
       (C) experts in data science, analytics, and operations 
     research; or
       (D) data companies.
       (d) Existing Programs.--The Secretaries may use existing 
     programs or products of the Secretaries to carry out this 
     section.
       (e) Privacy Clauses.--Nothing in this section provides 
     authority to the Secretaries--
       (1) to monitor or record the movements of a visitor to a 
     unit of Federal recreational lands and waters;
       (2) to restrict, interfere with, or monitor a private 
     communication of a visitor to a unit of Federal recreational 
     lands and waters; or
       (3) to collect--
       (A) information from owners of land adjacent to a unit of 
     Federal recreational lands and waters; or
       (B) information on non-Federal land.

 Subtitle D--Broadband Connectivity on Federal Recreational Lands and 
                                 Waters

     SEC. 5141. BROADBAND INTERNET CONNECTIVITY AT DEVELOPED 
                   RECREATION SITES.

       (a) In General.--The Secretary and the Chief of the Forest 
     Service shall enter into an agreement with the Secretary of 
     Commerce to foster the installation or construction of 
     broadband internet infrastructure at developed recreation 
     sites on Federal recreational lands and waters to establish 
     broadband internet connectivity--

[[Page S5451]]

       (1) subject to the availability of appropriations; and
       (2) in accordance with applicable law.
       (b) Identification.--Not later than 3 years after the date 
     of the enactment of this title, and annually thereafter 
     through fiscal year 2031, the Secretary and the Chief of the 
     Forest Service, in coordination with States and local 
     communities, shall make publicly available--
       (1) a list of the highest priority developed recreation 
     sites, as determined under subsection (c), on Federal 
     recreational lands and waters that lack broadband internet;
       (2) to the extent practicable, an estimate of--
       (A) the cost to equip each of those sites with broadband 
     internet infrastructure; and
       (B) the annual cost to operate that infrastructure; and
       (3) a list of potential--
       (A) barriers to operating the infrastructure described in 
     paragraph (2)(A); and
       (B) methods to recover the costs of that operation.
       (c) Priorities.--In selecting developed recreation sites 
     for the list described in subsection (b)(1), the Secretary 
     and the Chief of the Forest Service shall give priority to 
     developed recreation sites--
       (1) at which broadband internet infrastructure has not been 
     constructed due to--
       (A) geographic challenges; or
       (B) the location having an insufficient number of nearby 
     permanent residents, despite high seasonal or daily 
     visitation levels; or
       (2) that are located in an economically distressed county 
     that could benefit significantly from developing the outdoor 
     recreation economy of the county.

     SEC. 5142. PUBLIC LANDS TELECOMMUNICATIONS.

       (a) Report on Rental Fee Retention Authority.--Not later 
     than 1 year after the date of the enactment of this title, 
     the Secretary shall submit a comprehensive report to the 
     appropriate committees of Congress evaluating the potential 
     benefits of rental fee retention whereby any fee collected 
     for the occupancy and use of Federal recreational lands and 
     waters authorized by a communications use authorization would 
     be deposited into a special account for each qualified 
     Federal land management agency and used solely for activities 
     related to communications sites on lands and waters managed 
     by a Federal land management agency, including--
       (1) administering communications use authorizations;
       (2) preparing needs assessments or other programmatic 
     analyses necessary to establish communications sites and 
     authorize communications uses on or adjacent to Federal 
     recreational lands and waters managed by a Federal land 
     management agency;
       (3) developing management plans for communications sites on 
     or adjacent to Federal recreational lands and waters managed 
     by a Federal land management agency on a competitively 
     neutral, technology neutral, nondiscriminatory basis;
       (4) training for management of communications sites on or 
     adjacent to Federal recreational lands and waters managed by 
     a Federal land management agency;
       (5) obtaining, improving access to, or establishing 
     communications sites on or adjacent to Federal recreational 
     lands and waters managed by a Federal land management agency; 
     and
       (6) any combination of purposes described in subparagraphs 
     (1) through (5).
       (b) Definitions.--In this section:
       (1) Communications site.--The term ``communications site'' 
     means an area of Federal recreational lands and waters 
     designated or approved for communications use.
       (2) Communications use.--The term ``communications use''--
       (A) means the placement, operation, or both, of 
     infrastructure for wireline or wireless telecommunications, 
     including cable television, television, and radio 
     communications, regardless of whether such placement or 
     operation is pursuant to a license issued by the Federal 
     Communications Commission or on an unlicensed basis in 
     accordance with the regulations of the Commission; and
       (B) includes ancillary activities, uses, or facilities 
     directly related to such placement or operation.
       (3) Communications use authorization.--The term 
     ``communications use authorization'' means a right-of-way, 
     permit, or lease granted, issued, or executed by a Federal 
     land management agency for the primary purpose of authorizing 
     the occupancy and use of Federal recreational lands and 
     waters for communications use.
       (4) Rental fee.--The term ``rental fee'' means a fee 
     collected by a Federal land management agency for the 
     occupancy and use authorized by a communications use 
     authorization pursuant to and consistent with authorizing 
     law.

             Subtitle E--Public-private Parks Partnerships

     SEC. 5151. AUTHORIZATION FOR LEASE OF FOREST SERVICE 
                   ADMINISTRATIVE SITES.

       Section 8623 of the Agriculture Improvement Act of 2018 (16 
     U.S.C. 580d note; Public Law 115-334) is amended--
       (1) in subsection (a)(2)(D), by striking ``dwelling;'' and 
     inserting ``dwelling or multiunit dwelling;'';
       (2) in subsection (e)--
       (A) in paragraph (3)(B)(ii)--
       (i) in subclause (I), by inserting ``such as housing,'' 
     after ``improvements,'';
       (ii) in subclause (II), by striking ``and'' at the end;
       (iii) in subclause (III), by striking ``or'' at the end and 
     inserting ``and''; and
       (iv) by adding at the end the following:

       ``(IV) services occurring off the administrative site 
     that--

       ``(aa) occur at another administrative site in the same 
     unit in which the administrative site is located or a 
     different unit of the National Forest System;
       ``(bb) benefit the National Forest System; and
       ``(cc) support activities occurring within the unit of the 
     National Forest System in which the administrative site is 
     located; or''; and
       (B) by adding at the end the following:
       ``(6) Lease term.--
       ``(A) In general.--The term of a lease of an administrative 
     site under this section shall be not more than 100 years.
       ``(B) Reauthorization of use.--A lease of an administrative 
     site under this section shall include a provision for 
     reauthorization of the use if the--
       ``(i) use of the administrative site, at the time of 
     reauthorization, is still being used for the purposes 
     authorized;
       ``(ii) use to be authorized under the new lease is 
     consistent with the applicable land management plan; and
       ``(iii) lessee is in compliance with all the terms of the 
     existing lease.''
       ``(C) Savings.--A reauthorization of use under subparagraph 
     (B) may include new terms in the use, as determined by the 
     Chief of the Forest Service.'';
       (3) in subsection (g)--
       (A) by striking ``to a leaseholder'' after ``payments''; 
     and
       (B) by inserting ``or constructed'' after ``improved''; and
       (4) in subsection (i), by striking ``2023'' each place it 
     appears and inserting ``2028''.

     SEC. 5152. PARTNERSHIP AGREEMENTS CREATING TANGIBLE SAVINGS.

       Section 101703 of title 54, United States Code, is amended 
     to read as follows:

     ``Sec. 101703. Cooperative management agreements

       ``(a) Cooperative Management Agreements.--
       ``(1) In general.--The Secretary, in accordance with the 
     laws generally applicable to units of the National Park 
     System and under such terms and conditions as the Secretary 
     considers appropriate, may enter into a cooperative 
     management agreement with a State, Indian Tribe, or local 
     government with park land adjacent to a System unit, where 
     such agreement will provide for more effective and efficient 
     management of a System unit and the adjacent non-Federal park 
     area.
       ``(2) No transfer of administrative responsibilities.--The 
     Secretary may not transfer administration responsibilities 
     for any System unit.
       ``(b) Provision of Goods and Services.--
       ``(1) In general.--The Secretary may provide or acquire 
     goods and services on a reimbursable basis as part of a 
     cooperative management agreement under subsection (a).
       ``(2) Retention of funds.--The Secretary may retain and 
     expend any funds received under this section without further 
     appropriation.
       ``(c) Co-location.--The Secretary and a State, Indian 
     Tribe, or local government may co-locate in offices or 
     facilities owned or leased by either party as part of a 
     cooperative management agreement under subsection (a).
       ``(d) Employees.--
       ``(1) Assignment of employee.--The Secretary may arrange an 
     assignment under section 3372 of title 5 of a Federal 
     employee or an employee of a State, Indian Tribe, or local 
     government, as mutually agreed upon, for work on the Federal, 
     State, local, or Tribal park land covered by the cooperative 
     management agreement.
       ``(2) Extension of assignment.--An assignment under 
     paragraph (1) may be extended if the Secretary and the State, 
     Indian Tribe, or local government determine it to be mutually 
     beneficial.
       ``(e) Definition.--In this section, the term `State' means 
     each of the several States, the District of Columbia, and 
     each territory of the United States.''.

     SEC. 5153. PARTNERSHIP AGREEMENTS TO MODERNIZE FEDERALLY 
                   OWNED CAMPGROUNDS, RESORTS, CABINS, AND VISITOR 
                   CENTERS ON FEDERAL RECREATIONAL LANDS AND 
                   WATERS.

       (a) Definitions.--In this section:
       (1) Covered activity.--The term ``covered activity'' 
     means--
       (A) a capital improvement, including the construction, 
     reconstruction, and nonroutine maintenance of any structure, 
     infrastructure, or improvement, relating to the operation of, 
     or access to, a covered recreation facility; and
       (B) any activity necessary to operate or maintain a covered 
     recreation facility.
       (2) Covered recreation facility.--The term ``covered 
     recreation facility'' means a federally owned campground, 
     resort, cabin, or visitor center that is--
       (A) in existence on the date of the enactment of this 
     title; and
       (B) located on Federal recreational lands and waters 
     administered by--
       (i) the Chief of the Forest Service; or
       (ii) the Director of the Bureau of Land Management.

[[Page S5452]]

       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a unit of State, Tribal, or local government;
       (B) a nonprofit organization; and
       (C) a private entity.
       (b) Pilot Program.--The Secretaries shall establish a pilot 
     program under which the Secretary concerned may enter into an 
     agreement with, or issue or amend a land use authorization 
     to, an eligible entity to allow the eligible entity to carry 
     out covered activities relating to a covered recreation 
     facility, subject to the requirements of this section and the 
     terms of any relevant land use authorization, regardless of 
     whether the eligible entity holds, on the date of the 
     enactment of this title, an authorization to be a 
     concessionaire for the covered recreation facility.
       (c) Minimum Number of Agreements or Land Use 
     Authorizations.--Not later than 3 years after the date of the 
     enactment of this title, the Secretary concerned shall enter 
     into at least 1 agreement or land use authorization under 
     subsection (b) in--
       (1) a unit of the National Forest System in each region of 
     the National Forest System; and
       (2) Federal recreational lands and waters administered by 
     the Director of the Bureau of Land Management in not fewer 
     than 5 States in which the Bureau of Land Management 
     administers Federal recreational lands and waters.
       (d) Requirements.--
       (1) Development plans.--Before entering into an agreement 
     or issuing a land use authorization under subsection (b), an 
     eligible entity shall submit to the Secretary concerned a 
     development plan that--
       (A) describes investments in the covered recreation 
     facility to be made by the eligible entity during the first 3 
     years of the agreement or land use authorization;
       (B) describes annual maintenance spending to be made by the 
     eligible entity for each year of the agreement or land use 
     authorization; and
       (C) includes any other terms and conditions determined to 
     be necessary or appropriate by the Secretary concerned.
       (2) Agreements and land use authorizations.--An agreement 
     or land use authorization under subsection (b) shall--
       (A) be for a term of not more than 30 years, commensurate 
     with the level of investment;
       (B) require that, not later than 3 years after the date on 
     which the Secretary concerned enters into the agreement or 
     issues or amends the land use authorization, the applicable 
     eligible entity shall expend, place in an escrow account for 
     the eligible entity to expend, or deposit in a special 
     account in the Treasury for expenditure by the Secretary 
     concerned, without further appropriation, for covered 
     activities relating to the applicable covered recreation 
     facility, an amount or specified percentage, as determined by 
     the Secretary concerned, which shall be equal to not less 
     than $500,000, of the anticipated receipts for the term of 
     the agreement or land use authorization;
       (C) require the eligible entity to operate and maintain the 
     covered recreation facility and any associated infrastructure 
     designated by the Secretary concerned in a manner acceptable 
     to the Secretary concerned and the eligible entity;
       (D) include any terms and conditions that the Secretary 
     concerned determines to be necessary for a special use permit 
     issued under section 7 of the Act of April 24, 1950 (commonly 
     known as the ``Granger-Thye Act'') (64 Stat. 84, chapter 97; 
     16 U.S.C. 580d), including the payment described in 
     subparagraph (E) or the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1701 et seq.), as applicable;
       (E) provide for payment to the Federal Government of a fee 
     or a sharing of revenue--
       (i) consistent with--

       (I) the land use fee for a special use permit authorized 
     under section 7 of the Act of April 24, 1950 (commonly known 
     as the ``Granger-Thye Act'') (64 Stat. 84, chapter 97; 16 
     U.S.C. 580d); or
       (II) the value to the eligible entity of the rights 
     provided by the agreement or land use authorization, taking 
     into account the capital invested by, and obligations of, the 
     eligible entity under the agreement or land use 
     authorization; and

       (ii) all or part of which may be offset by the work to be 
     performed at the expense of the eligible entity that is 
     separate from the routine costs of operating and maintaining 
     the applicable covered recreation facility and any associated 
     infrastructure designated by the Secretary concerned, as 
     determined to be appropriate by the Secretary concerned;
       (F) include provisions stating that--
       (i) the eligible entity shall obtain no property interest 
     in the covered recreation facility pursuant to the 
     expenditures of the eligible entity, as required by the 
     agreement or land use authorization;
       (ii) all structures and other improvements constructed, 
     reconstructed, or nonroutinely maintained by that entity 
     under the agreement or land use authorization on land owned 
     by the United States shall be the property of the United 
     States; and
       (iii) the eligible entity shall be solely responsible for 
     any cost associated with the decommissioning or removal of a 
     capital improvement, if needed, at the conclusion of the 
     agreement or land use authorization; and
       (G) be subject to any other terms and conditions determined 
     to be necessary or appropriate by the Secretary concerned.
       (e) Land Use Fee Retention.--A land use fee paid or revenue 
     shared with the Secretary concerned under an agreement or 
     land use authorization under this section shall be available 
     for expenditure by the Secretary concerned for recreation-
     related purposes on the unit or area of Federal recreational 
     lands and waters at which the land use fee or revenue is 
     collected, without further appropriation.

     SEC. 5154. PARKING AND RESTROOM OPPORTUNITIES FOR FEDERAL 
                   RECREATIONAL LANDS AND WATERS.

       (a) Parking Opportunities.--
       (1) In general.--The Secretaries shall seek to increase and 
     improve parking opportunities for persons recreating on 
     Federal recreational lands and waters--
       (A) in accordance with existing laws and applicable land 
     use plans;
       (B) in a manner that minimizes any increase in maintenance 
     obligations on Federal recreational lands and waters; and
       (C) in a manner that does not impact wildlife habitat that 
     is critical to the mission of a Federal agency responsible 
     for managing Federal recreational lands and waters.
       (2) Authority.--To supplement the quantity of parking 
     spaces available at units of Federal recreational lands and 
     waters on the date of the enactment of this title, the 
     Secretaries may--
       (A) enter into a public-private partnership for parking 
     opportunities on non-Federal land;
       (B) enter into contracts or agreements with State, Tribal, 
     or local governments for parking opportunities using non-
     Federal lands and resources; or
       (C) provide alternative transportation systems for a unit 
     of Federal recreational lands and waters.
       (3) Technological solutions.--The Secretaries shall 
     evaluate the use of and incorporate, as the Secretary 
     concerned determines appropriate, technologies to manage 
     parking availability, access, and information at units of 
     Federal recreational lands and waters, including--
       (A) the installation and use of trailhead cameras and 
     monitors to determine parking availability at trailheads, the 
     information from which shall be made available online and, to 
     the extent practicable, via mobile notifications; and
       (B) the use of data collection technology to estimate 
     visitation volumes for use in future planning for parking at 
     units of Federal recreational lands and waters.
       (b) Restroom Opportunities.--
       (1) In general.--The Secretaries shall seek to increase and 
     improve the function, cleanliness, and availability of 
     restroom facilities for persons recreating on Federal 
     recreational lands and waters, including by entering into 
     partnerships with non-Federal partners, including State, 
     Tribal, and local governments and volunteer organizations.
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretaries shall submit a report 
     to Congress that identifies--
       (A) challenges to maintaining or improving the function, 
     cleanliness, and availability of restroom facilities on 
     Federal recreational lands and waters;
       (B) the current state of restroom facilities on Federal 
     recreational lands and waters and the effect restroom 
     facilities have on visitor experiences; and
       (C) policy recommendations that suggest innovative new 
     models or partnerships to increase or improve the function, 
     cleanliness, and availability of restroom facilities for 
     persons recreating on Federal recreational lands and waters.

     SEC. 5155. PAY-FOR-PERFORMANCE PROJECTS.

       (a) Definitions.--In this section:
       (1) Independent evaluator.--The term ``independent 
     evaluator'' means an individual or entity, including an 
     institution of higher education, that is selected by the pay-
     for-performance beneficiary and pay-for-performance investor, 
     as applicable, or by the pay-for-performance project 
     developer, in consultation with the Secretary of Agriculture, 
     to make the determinations and prepare the reports required 
     under subsection (e).
       (2) National forest system land.--The term ``National 
     Forest System land'' means land in the National Forest System 
     (as defined in section 11(a) of the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1609(a))).
       (3) Pay-for-performance agreement.--The term ``pay-for-
     performance agreement'' means a mutual benefit agreement 
     (excluding a procurement contract, grant agreement, or 
     cooperative agreement described in chapter 63 of title 31, 
     United States Code) for a pay-for-performance project--
       (A) with a term of--
       (i) not less than 1 year; and
       (ii) not more than 20 years; and
       (B) that is executed, in accordance with applicable law, 
     by--
       (i) the Secretary of Agriculture; and
       (ii) a pay-for-performance beneficiary or pay-for-
     performance project developer.
       (4) Pay-for-performance beneficiary.--The term ``pay-for-
     performance beneficiary'' means a State or local government, 
     an Indian Tribe, or a nonprofit or for-profit organization 
     that--
       (A) repays capital loaned upfront by a pay-for-performance 
     investor, based on a project outcome specified in a pay-for-
     performance agreement; or

[[Page S5453]]

       (B) provides capital directly for costs associated with a 
     pay-for-performance project.
       (5) Pay-for-performance investor.--The term ``pay-for-
     performance investor'' means a State or local government, an 
     Indian Tribe, or a nonprofit or for-profit organization that 
     provides upfront loaned capital for a pay-for-performance 
     project with the expectation of a financial return dependent 
     on a project outcome.
       (6) Pay-for-performance project.--The term ``pay-for-
     performance project'' means a project that--
       (A) would provide or enhance a recreational opportunity;
       (B) is conducted on--
       (i) National Forest System land; or
       (ii) other land, if the activities would benefit National 
     Forest System land (including a recreational use of National 
     Forest System land); and
       (C) would use an innovative funding or financing model that 
     leverages--
       (i) loaned capital from a pay-for-performance investor to 
     cover upfront costs associated with a pay-for-performance 
     project, with the loaned capital repaid by a pay-for-
     performance beneficiary at a rate of return dependent on a 
     project outcome, as measured by an independent evaluator; or
       (ii) capital directly from a pay-for-performance 
     beneficiary to support costs associated with a pay-for-
     performance project in an amount based on an anticipated 
     project outcome.
       (7) Pay-for-performance project developer.--The term ``pay-
     for-performance project developer'' means a nonprofit or for-
     profit organization that serves as an intermediary to assist 
     in developing or implementing a pay-for-performance agreement 
     or a pay-for-performance project.
       (8) Project outcome.--The term ``project outcome'' means a 
     measurable, beneficial result (whether economic, 
     environmental, or social) that is attributable to a pay-for-
     performance project and described in a pay-for-performance 
     agreement.
       (b) Establishment of Pilot Program.--The Secretary of 
     Agriculture shall establish a pilot program in accordance 
     with this section to carry out 1 or more pay-for-performance 
     projects.
       (c) Pay-for-performance Projects.--
       (1) In general.--Using funds made available through a pay-
     for-performance agreement or appropriations, all or any 
     portion of a pay-for-performance project may be implemented 
     by--
       (A) the Secretary of Agriculture; or
       (B) a pay-for-performance project developer or a third 
     party, subject to the conditions that--
       (i) the Secretary of Agriculture shall approve the 
     implementation by the pay-for-performance project developer 
     or third party; and
       (ii) the implementation is in accordance with applicable 
     law.
       (2) Relation to land management plans.--A pay-for-
     performance project carried out under this section shall be 
     consistent with any applicable land management plan developed 
     under section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604).
       (3) Ownership.--
       (A) New improvements.--The United States shall have title 
     to any improvements installed on National Forest System land 
     as part of a pay-for-performance project.
       (B) Existing improvements.--Investing in, conducting, or 
     completing a pay-for-performance project on National Forest 
     System land shall not affect the title of the United States 
     to--
       (i) any federally owned improvements involved in the pay-
     for-performance project; or
       (ii) the underlying land.
       (4) Savings clause.--The carrying out of any action for a 
     pay-for-performance project does not provide any right to any 
     party to a pay-for-performance agreement.
       (5) Potential conflicts.--Before approving a pay-for-
     performance project under this section, the Secretary of 
     Agriculture shall consider and seek to avoid potential 
     conflicts (including economic competition) with any existing 
     written authorized use.
       (d) Project Agreements.--
       (1) In general.--Notwithstanding the Act of June 30, 1914 
     (38 Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of 
     title XX of the Social Security Act (42 U.S.C. 1397n et 
     seq.), in carrying out the pilot program under this section, 
     the Secretary of Agriculture may enter into a pay-for-
     performance agreement under which a pay-for-performance 
     beneficiary, pay-for-performance investor, or pay-for-
     performance project developer agrees to pay for or finance 
     all or part of a pay-for-performance project.
       (2) Size limitation.--The Secretary of Agriculture may not 
     enter into a pay-for-performance agreement under the pilot 
     program under this section for a pay-for-performance project 
     valued at more than $15,000,000.
       (3) Financing.--
       (A) In general.--A pay-for-performance agreement shall 
     specify the amounts that a pay-for-performance beneficiary or 
     a pay-for-performance project developer agrees to pay to a 
     pay-for-performance investor or a pay-for-performance project 
     developer, as appropriate, in the event of an independent 
     evaluator determining pursuant to subsection (e) the degree 
     to which a project outcome has been achieved.
       (B) Eligible payments.--An amount described in subparagraph 
     (A) shall be--
       (i) based on--

       (I) the respective contributions of the parties under the 
     pay-for-performance agreement; and
       (II) the economic, environmental, or social benefits 
     derived from the project outcomes; and

       (ii)(I) a percentage of the estimated value of a project 
     outcome;
       (II) a percentage of the estimated cost savings to the pay-
     for-performance beneficiary or the Secretary of Agriculture 
     derived from a project outcome;
       (III) a percentage of the enhanced revenue to the pay-for-
     performance beneficiary or the Secretary of Agriculture 
     derived from a project outcome; or
       (IV) a percentage of the cost of the pay-for-performance 
     project.
       (C) Forest service financial assistance.--Subject to the 
     availability of appropriations, the Secretary of Agriculture 
     may contribute funding for a pay-for-performance project only 
     if--
       (i) the Secretary of Agriculture demonstrates that--

       (I) the pay-for-performance project would provide a cost 
     savings to the United States;
       (II) the funding would accelerate the pace of 
     implementation of an activity previously planned to be 
     completed by the Secretary of Agriculture; or
       (III) the funding would accelerate the scale of 
     implementation of an activity previously planned to be 
     completed by the Secretary of Agriculture; and

       (ii) the contribution of the Secretary of Agriculture has a 
     value that is not more than 50 percent of the total cost of 
     the pay-for-performance project.
       (D) Special account.--Any funds received by the Secretary 
     of Agriculture under subsection (c)(1)--
       (i) shall be retained in a separate fund in the Treasury to 
     be used solely for pay-for-performance projects; and
       (ii) shall remain available until expended and without 
     further appropriation.
       (4) Maintenance and decommissioning of pay-for-performance 
     project improvements.--A pay-for-performance agreement 
     shall--
       (A) include a plan for maintaining any capital improvement 
     constructed as part of a pay-for-performance project after 
     the date on which the pay-for-performance project is 
     completed; and
       (B) specify the party that will be responsible for 
     decommissioning the improvements associated with the pay-for-
     performance project--
       (i) at the end of the useful life of the improvements;
       (ii) if the improvements no longer serve the purpose for 
     which the improvements were developed; or
       (iii) if the pay-for-performance project fails.
       (5) Termination of pay-for-performance project 
     agreements.--The Secretary of Agriculture may unilaterally 
     terminate a pay-for-performance agreement, in whole or in 
     part, for any program year beginning after the program year 
     during which the Secretary of Agriculture provides to each 
     party to the pay-for-performance agreement a notice of the 
     termination.
       (e) Independent Evaluations.--
       (1) Progress reports.--An independent evaluator shall 
     submit to the Secretary of Agriculture and each party to the 
     applicable pay-for-performance agreement--
       (A) by not later than 2 years after the date on which the 
     pay-for-performance agreement is executed, and at least once 
     every 2 years thereafter, a written report that summarizes 
     the progress that has been made in achieving each project 
     outcome; and
       (B) before the first scheduled date for a payment described 
     in subsection (d)(3)(A), and each subsequent date for 
     payment, a written report that--
       (i) summarizes the results of the evaluation conducted by 
     the independent evaluator to determine whether a payment 
     should be made pursuant to the pay-for-performance agreement; 
     and
       (ii) analyzes the reasons why a project outcome was 
     achieved or was not achieved.
       (2) Final reports.--Not later than 180 days after the date 
     on which a pay-for-performance project is completed, the 
     independent evaluator shall submit to the Secretary of 
     Agriculture and each party to the pay-for-performance 
     agreement a written report that includes, with respect to the 
     period covered by the report--
       (A) an evaluation of the effects of the pay-for-performance 
     project with respect to each project outcome;
       (B) a determination of whether the pay-for-performance 
     project has met each project outcome; and
       (C) the amount of the payments made for the pay-for-
     performance project pursuant to subsection (d)(3)(A).
       (f) Additional Forest Service-Provided Assistance.--
       (1) Technical assistance.--The Secretary of Agriculture may 
     provide technical assistance to facilitate pay-for-
     performance project development, such as planning, 
     permitting, site preparation, and design work.
       (2) Consultants.--Subject to the availability of 
     appropriations, the Secretary of Agriculture may hire a 
     contractor--
       (A) to conduct a feasibility analysis of a proposed pay-
     for-performance project;
       (B) to assist in the development, implementation, or 
     evaluation of a proposed pay-for-performance project or a 
     pay-for-performance agreement; or

[[Page S5454]]

       (C) to assist with an environmental analysis of a proposed 
     pay-for-performance project.
       (g) Savings Clause.--The Secretary of Agriculture shall 
     approve a record of decision, decision notice, or decision 
     memo for any activities to be carried out on National Forest 
     System land as part of a pay-for-performance project before 
     the Secretary of Agriculture may enter into a pay-for-
     performance agreement involving the applicable pay-for-
     performance project.
       (h) Duration of Pilot Program.--
       (1) Sunset.--The authority to enter into a pay-for-
     performance agreement under this section terminates on the 
     date that is 7 years after the date of the enactment of this 
     title.
       (2) Savings clause.--Nothing in paragraph (1) affects any 
     pay-for-performance project agreement entered into by the 
     Secretary of Agriculture under this section before the date 
     described in that paragraph.

     SEC. 5156. OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means an 
     entity or combination of entities that represents or 
     otherwise serves a qualifying area.
       (2) Entity.--The term ``entity'' means--
       (A) a State;
       (B) a political subdivision of a State, including--
       (i) a city;
       (ii) a county; or
       (iii) a special purpose district that manages open space, 
     including a park district; or
       (C) an Indian Tribe.
       (3) Indian tribe.--The term ``Indian Tribe''--
       (A) has the meaning given the term ``Indian tribe'' in 
     section 102 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 5130); and
       (B) includes Indian Tribes included on the list published 
     by the Secretary under section 104 of that Act (25 U.S.C. 
     5131).
       (4) Low-income community.--The term ``low-income 
     community'' has the same meaning given that term in section 
     45D(e)(1) of the Internal Revenue Code of 1986.
       (5) Qualifying area.--The term ``qualifying area'' means--
       (A) an urbanized area or urban cluster that has a 
     population of 25,000 or more in the most recent census;
       (B) 2 or more adjacent urban clusters with a combined 
     population of 25,000 or more in the most recent census; or
       (C) an area with an outdoor recreation project referenced 
     in subsection (b) administered by an Indian Tribe.
       (b) Grants Authorized.--
       (1) Codification of program.--
       (A) In general.--There is established the Outdoor 
     Recreation Legacy Partnership Program, under which the 
     Secretary may award grants to eligible entities for 
     projects--
       (i) to acquire land and water for parks and other outdoor 
     recreation purposes in qualifying areas; and
       (ii) to develop new or renovate existing outdoor recreation 
     facilities that provide outdoor recreation opportunities to 
     the public in qualifying areas.
       (B) Priority.--In awarding grants to eligible entities 
     under subparagraph (A), the Secretary shall give priority to 
     projects that--
       (i) create or significantly enhance access to park and 
     recreational opportunities in a qualifying area;
       (ii) engage and empower low-income communities and youth;
       (iii) provide employment or job training opportunities for 
     youth or low-income communities;
       (iv) establish or expand public-private partnerships, with 
     a focus on leveraging resources; and
       (v) take advantage of coordination among various levels of 
     government.
       (2) Matching requirement.--
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), an eligible entity shall provide matching 
     funds in the form of cash or an in-kind contribution in an 
     amount equal to not less than 100 percent of the amounts made 
     available under the grant.
       (B) Partial waiver.--The Secretary may waive part of the 
     matching requirement under subparagraph (A) if the Secretary 
     determines that--
       (i) no reasonable means are available through which the 
     eligible entity can meet the matching requirement; and
       (ii) the probable benefit of the project outweighs the 
     public interest in the full matching requirement.
       (C) Administrative expenses.--Not more than 7 percent of 
     funds provided to an eligible entity under a grant awarded 
     under paragraph (1) may be used for administrative expenses.
       (3) Considerations.--In awarding grants to eligible 
     entities under paragraph (1), the Secretary shall consider 
     the extent to which a project would--
       (A) provide recreation opportunities in low-income 
     communities in which access to parks is not adequate to meet 
     local needs;
       (B) provide opportunities for outdoor recreation and public 
     land volunteerism;
       (C) support innovative or cost-effective ways to enhance 
     parks and other recreation--
       (i) opportunities; or
       (ii) delivery of services;
       (D) support park and recreation activities and programs 
     provided by local governments, including cooperative 
     agreements with community-based nonprofit organizations;
       (E) develop Native American event sites and cultural 
     gathering spaces;
       (F) provide benefits such as community resilience, 
     reduction of urban heat islands, enhanced water or air 
     quality, or habitat for fish or wildlife; and
       (G) facilitate any combination of purposes listed in 
     subparagraphs (A) through (F).
       (4) Eligible uses.--
       (A) In general.--Subject to subparagraph (B), an eligible 
     entity may use a grant awarded under paragraph (1) for a 
     project described in subparagraph (A) or (B) of that 
     paragraph.
       (B) Limitations on use.--An eligible entity may not use 
     grant funds for--
       (i) incidental costs related to land acquisition, including 
     appraisal and titling;
       (ii) operation and maintenance activities;
       (iii) facilities that support semiprofessional or 
     professional athletics;
       (iv) indoor facilities, such as recreation centers or 
     facilities that support primarily non-outdoor purposes; or
       (v) acquisition of land or interests in land that restrict 
     public access.
       (C) Conversion to other than public outdoor recreation 
     use.--
       (i) In general.--No property acquired or developed with 
     assistance under this section shall, without the approval of 
     the Secretary, be converted to other than public outdoor 
     recreation use.
       (ii) Condition for approval.--The Secretary shall approve a 
     conversion only if the Secretary finds it to be in accordance 
     with the then-existing comprehensive Statewide outdoor 
     recreation plan and only on such conditions as the Secretary 
     considers necessary to ensure the substitution of other 
     recreation properties of at least equal fair market value and 
     of reasonably equivalent usefulness and location.
       (iii) Wetland areas and interests therein.--Wetland areas 
     and interests therein as identified in the wetlands 
     provisions of the comprehensive plan and proposed to be 
     acquired as suitable replacement property within the same 
     State that is otherwise acceptable to the Secretary, acting 
     through the Director of the National Park Service, shall be 
     deemed to be of reasonably equivalent usefulness with the 
     property proposed for conversion.
       (c) Review and Evaluation Requirements.--In carrying out 
     the Outdoor Recreation Legacy Partnership Program, the 
     Secretary shall--
       (1) conduct an initial screening and technical review of 
     applications received;
       (2) evaluate and score all qualifying applications; and
       (3) provide culturally and linguistically appropriate 
     information to eligible entities (including low-income 
     communities and eligible entities serving low-income 
     communities) on--
       (A) the opportunity to apply for grants under this section;
       (B) the application procedures by which eligible entities 
     may apply for grants under this section; and
       (C) eligible uses for grants under this section.
       (d) Reporting.--
       (1) Annual reports.--Not later than 30 days after the last 
     day of each report period, each State-lead agency that 
     receives a grant under this section shall annually submit to 
     the Secretary performance and financial reports that--
       (A) summarize project activities conducted during the 
     report period; and
       (B) provide the status of the project.
       (2) Final reports.--Not later than 90 days after the 
     earlier of the date of expiration of a project period or the 
     completion of a project, each State-lead agency that receives 
     a grant under this section shall submit to the Secretary a 
     final report containing such information as the Secretary may 
     require.

     SEC. 5157. AMERICAN BATTLEFIELD PROTECTION PROGRAM 
                   ENHANCEMENT.

       (a) Definitions.--Section 308101 of title 54, United States 
     Code, is amended to read as follows:

     ``Sec. 308101. Definitions

       ``In this chapter:
       ``(1) Battlefield reports.--The term `Battlefield Reports' 
     means, collectively--
       ``(A) the document entitled `Report on the Nation's Civil 
     War Battlefields', prepared by the Civil War Sites Advisory 
     Commission, and dated July 1993; and
       ``(B) the document entitled `Report to Congress on the 
     Historic Preservation of Revolutionary War and War of 1812 
     Sites in the United States', prepared by the National Park 
     Service, and dated September 2007.
       ``(2) Secretary.--The term `Secretary' means the Secretary, 
     acting through the American Battlefield Protection 
     Program.''.
       (b) Preservation Assistance.--Section 308102(a) of title 
     54, United States Code, is amended by striking ``Federal'' 
     and all that follows through ``organizations'' and inserting 
     ``Federal agencies, States, Tribes, local governments, other 
     public entities, educational institutions, and nonprofit 
     organizations''.
       (c) Battlefield Land Acquisition Grants Improvements.--
     Section 308103 of title 54, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Eligible Site Defined.--In this section, the term 
     `eligible site'--
       ``(1) means a site that--

[[Page S5455]]

       ``(A) is not within the exterior boundaries of a unit of 
     the National Park System; and
       ``(B) is identified in the Battlefield Reports as a 
     battlefield; and
       ``(2) excludes sites identified in the Battlefield Reports 
     as associated historic sites.'';
       (2) in subsection (b), by striking ``State and local 
     governments'' and inserting ``States, Tribes, local 
     governments, and nonprofit organizations'';
       (3) in subsection (c), by striking ``State or local 
     government'' and inserting ``State, Tribe, or local 
     government''; and
       (4) in subsection (e), by striking ``under this section'' 
     and inserting ``under this section, including by States, 
     Tribes, local governments, and nonprofit organizations,''.
       (d) Battlefield Restoration Grants Improvements.--Section 
     308105 of title 54, United States Code, is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Establishment.--The Secretary shall establish a 
     battlefield restoration grant program (referred to in this 
     section as the `program') under which the Secretary may 
     provide grants to States, Tribes, local governments, and 
     nonprofit organizations for projects that restore day-of-
     battle conditions on--
       ``(1) land preserved and protected under the battlefield 
     acquisition grant program established under section 
     308103(b); or
       ``(2) battlefield land that is--
       ``(A) owned by a State, Tribe, local government, or 
     nonprofit organization; and
       ``(B) referred to in the Battlefield Reports.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Eligible Sites.--The Secretary may make grants under 
     this section for Revolutionary War, War of 1812, and Civil 
     War battlefield sites--
       ``(1) eligible for assistance under the battlefield 
     acquisition grant program established under section 
     308103(b); or
       ``(2) on battlefield land that is--
       ``(A) owned by a State, Tribe, local government, or 
     nonprofit organization; and
       ``(B) referred to in battlefield reports.''.
       (e) Updates and Improvements.--Chapter 3081 of title 54, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 308106. Updates and improvements to Battlefield 
       Reports

       ``Not later than 2 years after the date of the enactment of 
     this section, and every 10 years thereafter, the Secretary 
     shall submit to Congress a report that updates the 
     Battlefield Reports to reflect--
       ``(1) preservation activities carried out at the 
     battlefields in the period since the publication of the most 
     recent Battlefield Reports update;
       ``(2) changes in the condition, including core and study 
     areas, of the battlefields during that period; and
       ``(3) any other relevant developments relating to the 
     battlefields during that period.''.
       (f) Clerical Amendment.--The table of sections for chapter 
     3081 of title 54, United States Code, is amended--
       (1) by amending the item relating to section 308101 to read 
     as follows:

``308101. Definitions''; and
       (2) by adding at the end the following:

``308106. Updates and improvements to Battlefield Reports''.

                        TITLE II--ACCESS AMERICA

     SEC. 5201. DEFINITIONS.

       In this title:
       (1) Accessible trail.--The term ``accessible trail'' means 
     a trail that meets the requirements for a trail under the 
     Architectural Barriers Act accessibility guidelines.
       (2) Architectural barriers act accessibility guidelines.--
     The term ``Architectural Barriers Act accessibility 
     guidelines'' means the accessibility guidelines set forth in 
     appendices C and D to part 1191 of title 36, Code of Federal 
     Regulations (or successor regulations).
       (3) Assistive technology.--The term ``assistive 
     technology'' means any item, piece of equipment, or product 
     system, whether acquired commercially, modified, or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with disabilities, 
     particularly with participating in outdoor recreation 
     activities.
       (4) Gold star family member.--The term ``Gold Star Family 
     member'' means an individual described in section 3.3 of 
     Department of Defense Instruction 1348.36.
       (5) Outdoor constructed feature.--The term ``outdoor 
     constructed feature'' has the meaning given such term in 
     appendix C to part 1191 of title 36, Code of Federal 
     Regulations (or successor regulations).
       (6) Veterans organization.--The term ``veterans 
     organization'' means a service provider with outdoor 
     recreation experience that serves members of the Armed 
     Forces, veterans, or Gold Star Family members.

            Subtitle A--Access for People With Disabilities

     SEC. 5211. ACCESSIBLE RECREATION INVENTORY.

       (a) Assessment.--Not later than 5 years after the date of 
     the enactment of this title, the Secretary concerned shall--
       (1) carry out a comprehensive assessment of outdoor 
     recreation facilities on Federal recreational lands and 
     waters under the jurisdiction of the respective Secretary 
     concerned to determine the accessibility of such outdoor 
     recreation facilities, consistent with the Architectural 
     Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 504 
     of the Rehabilitation Act (29 U.S.C. 794), including--
       (A) camp shelters, camping facilities, and camping units;
       (B) boat launch ramps;
       (C) hunting, fishing, shooting, or archery ranges or 
     locations;
       (D) outdoor constructed features;
       (E) picnic facilities and picnic units; and
       (F) any other outdoor recreation facilities, as determined 
     by the Secretary concerned; and
       (2) make information about such opportunities available 
     (including through the use of prominently displayed links) on 
     public websites of--
       (A) each of the Federal land management agencies; and
       (B) each relevant unit and subunit of the Federal land 
     management agencies.
       (b) Inclusion of Current Assessments.--As part of the 
     comprehensive assessment required under subsection (a)(1), to 
     the extent practicable, the Secretary concerned may rely on 
     assessments completed or data gathered prior to the date of 
     the enactment of this title.
       (c) Public Information.--Not later than 7 years after the 
     date of the enactment of this title, the Secretary concerned 
     shall identify opportunities to create, update, or replace 
     signage and other publicly available information, including 
     web page information, related to accessibility and consistent 
     with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 
     et seq.) and section 504 of the Rehabilitation Act (29 U.S.C. 
     794) at outdoor recreation facilities covered by the 
     assessment required under subsection (a)(1).

     SEC. 5212. TRAIL INVENTORY.

       (a) Assessment.--Not later than 7 years after the date of 
     the enactment of this title, the Secretary concerned shall--
       (1) conduct a comprehensive assessment of high-priority 
     trails, in accordance with subsection (b), on Federal 
     recreational lands and waters under the jurisdiction of the 
     respective Secretary concerned, including measuring each 
     trail's--
       (A) average and minimum tread width;
       (B) average and maximum running slope;
       (C) average and maximum cross slope;
       (D) tread type; and
       (E) length; and
       (2) make information about such high-priority trails 
     available (including through the use of prominently displayed 
     links) on public websites of--
       (A) each of the Federal land management agencies; and
       (B) each relevant unit and subunit of the Federal land 
     management agencies.
       (b) Selection.--The Secretary concerned shall select high-
     priority trails to be assessed under subsection (a)(1)--
       (1) in consultation with stakeholders, including veterans 
     organizations and organizations with expertise or experience 
     providing outdoor recreation opportunities to individuals 
     with disabilities;
       (2) in a geographically equitable manner; and
       (3) in no fewer than 15 units or subunits managed by the 
     Secretary concerned.
       (c) Inclusion of Current Assessments.--As part of the 
     assessment required under subsection (a)(1), the Secretary 
     concerned may, to the extent practicable, rely on assessments 
     completed or data gathered prior to the date of the enactment 
     of this title.
       (d) Public Information.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this title, the Secretary concerned shall 
     identify opportunities to replace signage and other publicly 
     available information, including web page information, 
     related to such high-priority trails and consistent with the 
     Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) 
     and section 504 of the Rehabilitation Act (29 U.S.C. 794) at 
     high-priority trails covered by the assessment required under 
     subsection (a)(1).
       (2) Tread obstacles.--As part of the assessment required 
     under subsection (a)(1), the Secretary may, to the extent 
     practicable, include photographs or descriptions of tread 
     obstacles and barriers.
       (e) Assistive Technology Specification.--In publishing 
     information about each trail under this subsection, the 
     Secretary concerned shall make public information about 
     trails that do not meet the Architectural Barriers Act 
     accessibility guidelines but could otherwise provide outdoor 
     recreation opportunities to individuals with disabilities 
     through the use of certain assistive technology.

     SEC. 5213. TRAIL ACCESSIBILITY PARTNERSHIPS.

       The Secretary concerned may enter into partnerships, 
     contracts, or agreements with other Federal, State, Tribal, 
     local, or private entities to--
       (1) measure high-priority trails as part of the assessment 
     required under section 5212;
       (2) develop accessible trails under section 5214; and
       (3) make minor modifications to existing trails to enhance 
     recreational experiences for individuals with disabilities 
     using assistive technology--
       (A) in compliance with all applicable laws and land use and 
     management plans of the Federal recreational lands and waters 
     on which the accessible trail is located; and
       (B) in consultation with stakeholders, including veterans 
     organizations and organizations with expertise or experience 
     providing outdoor recreation opportunities to individuals 
     with disabilities.

     SEC. 5214. ACCESSIBLE TRAILS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this title,

[[Page S5456]]

     the Secretary concerned shall select a location or locations 
     to develop at least 3 new accessible trails--
       (1) on National Forest System lands in each region of the 
     Forest Service;
       (2) on land managed by the National Park Service in each 
     region of the National Park Service;
       (3) on land managed by the Bureau of Land Management in 
     each region of the Bureau of Land Management; and
       (4) on land managed by the United States Fish and Wildlife 
     Service in each region of the United States Fish and Wildlife 
     Service.
       (b) Development.--In developing an accessible trail under 
     subsection (a), the Secretary concerned--
       (1) may--
       (A) create a new accessible trail;
       (B) modify an existing trail into an accessible trail; or
       (C) create an accessible trail from a combination of new 
     and existing trails; and
       (2) shall--
       (A) consult with stakeholders with respect to the 
     feasibility and resources necessary for completing the 
     accessible trail;
       (B) ensure the accessible trail complies with the 
     Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) 
     and section 504 of the Rehabilitation Act (29 U.S.C. 794); 
     and
       (C) to the extent practicable, ensure that outdoor 
     constructed features supporting the accessible trail, 
     including trail bridges, parking spaces, and restroom 
     facilities, meet the requirements of the Architectural 
     Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 504 
     of the Rehabilitation Act (29 U.S.C. 794).
       (c) Completion.--Not later than 5 years after the date that 
     appropriations are made in advance for such purpose, the 
     Secretary concerned, in coordination with stakeholders 
     described under subsection (b)(2), shall complete each 
     accessible trail selected under subsection (a).
       (d) Maps, Signage, and Promotional Materials.--For each 
     accessible trail developed under subsection (a), the 
     Secretary concerned shall--
       (1) publish and distribute maps and install signage, 
     consistent with Architectural Barriers Act of 1968 
     accessibility guidelines and section 508 of the 
     Rehabilitation Act (29 U.S.C. 794d); and
       (2) coordinate with stakeholders to leverage any non-
     Federal resources necessary for the development, stewardship, 
     completion, or promotion of the accessible trail.
       (e) Conflict Avoidance With Other Uses.--In developing each 
     accessible trail under subsection (a), the Secretary 
     concerned shall ensure that the accessible trail--
       (1) minimizes conflict with--
       (A) the uses, before the date of the enactment of this 
     title, of any trail that is part of that accessible trail; or
       (B) multiple-use areas where biking, hiking, horseback 
     riding, off-highway vehicle recreation, or use by pack and 
     saddle stock are existing uses on the date of the enactment 
     of this title;
       (2) would not conflict with the purposes for which any 
     trail is established under the National Trails System Act (16 
     U.S.C. 1241 et seq.); and
       (3) complies with all applicable laws, regulations, and 
     land use and management plans of the Federal recreational 
     lands and waters on which the accessible trail is located.
       (f) Reports.--Not later than 3 years after the date that 
     funds are made available to carry out this section, and every 
     3 years thereafter until each accessible trail selected under 
     subsection (a) is completed, the Secretary concerned, in 
     coordination with stakeholders and other interested 
     organizations, shall publish a report that lists the 
     accessible trails developed under this section.

     SEC. 5215. ACCESSIBLE RECREATION OPPORTUNITIES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this title, the Secretary concerned shall 
     select a location to develop new accessible recreation 
     opportunities--
       (1) on National Forest System lands in each region of the 
     Forest Service;
       (2) on land managed by the National Park Service in each 
     region of the National Park Service;
       (3) on land managed by the Bureau of Land Management in 
     each region of the Bureau of Land Management; and
       (4) on land managed by the United States Fish and Wildlife 
     Service in each region of the United States Fish and Wildlife 
     Service.
       (b) Development.--In developing an accessible recreation 
     opportunity under subsection (a), the Secretary concerned--
       (1) may--
       (A) create a new accessible recreation opportunity; or
       (B) modify an existing recreation opportunity into an 
     accessible recreation opportunity; and
       (2) shall--
       (A) consult with stakeholders with respect to the 
     feasibility and resources necessary for completing the 
     accessible recreation opportunity;
       (B) ensure the accessible recreation opportunity complies 
     with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 
     et seq.) and section 504 of the Rehabilitation Act (29 U.S.C. 
     794); and
       (C) to the extent practicable, ensure that outdoor 
     constructed features supporting the accessible recreation 
     opportunity, including trail bridges, parking spaces and 
     restroom facilities, meet the requirements of the 
     Architectural Barriers Act of 1968 and section 504 of the 
     Rehabilitation Act (29 U.S.C. 794).
       (c) Accessible Recreation Opportunities.--The accessible 
     recreation opportunities developed under subsection (a) may 
     include, where applicable, improving accessibility or access 
     to--
       (1) camp shelters, camping facilities, and camping units;
       (2) hunting, fishing, shooting, or archery ranges or 
     locations;
       (3) snow activities, including skiing and snowboarding;
       (4) water activities, including kayaking, paddling, 
     canoeing, and boat launch ramps;
       (5) rock climbing;
       (6) biking;
       (7) off-highway vehicle recreation;
       (8) picnic facilities and picnic units;
       (9) outdoor constructed features; and
       (10) any other new or existing recreation opportunities 
     identified in consultation with stakeholders under subsection 
     (b)(2), consistent with the applicable laws and land use and 
     management plans.
       (d) Completion.--Not later than 5 years after the date that 
     appropriations are made in advance for such purpose, the 
     Secretary concerned, in coordination with stakeholders 
     consulted with under subsection (b)(2), shall complete each 
     accessible recreation opportunity selected under subsection 
     (a).
       (e) Maps, Signage, and Promotional Materials.--For each 
     accessible recreation opportunity developed under subsection 
     (a), the Secretary concerned shall--
       (1) publish and distribute maps and install signage, 
     consistent with Architectural Barriers Act accessibility 
     guidelines and section 508 of the Rehabilitation Act (29 
     U.S.C. 794d); and
       (2) coordinate with stakeholders to leverage any non-
     Federal resources necessary for the development, stewardship, 
     completion, or promotion of the accessible trail.
       (f) Conflict Avoidance With Other Uses.--In developing each 
     accessible recreation opportunity under subsection (a), the 
     Secretary concerned shall ensure that the accessible 
     recreation opportunity--
       (1) minimizes conflict with--
       (A) the uses, before the date of the enactment of this 
     title, of any Federal recreational lands and waters on which 
     the accessible recreation opportunity is located; or
       (B) multiple-use areas; and
       (2) complies with all applicable laws, regulations, and 
     land use and management plans.
       (g) Reports.--Not later than 3 years after the date that 
     funds are made available to carry out this section and every 
     3 years until each accessible recreation opportunity selected 
     under subsection (a) is completed, the Secretary concerned, 
     in coordination with stakeholders and other interested 
     organizations, shall publish a report that lists the 
     accessible recreation opportunities developed under this 
     section.

     SEC. 5216. ASSISTIVE TECHNOLOGY.

       In carrying out this subtitle, the Secretary concerned may 
     enter into partnerships, contracts, or agreements with other 
     Federal, State, Tribal, local, or private entities, including 
     existing outfitting and guiding services, to make assistive 
     technology available on Federal recreational lands and 
     waters.

     SEC. 5217. SAVINGS CLAUSE.

       Nothing in the subtitle shall be construed to create any 
     conflicting standards with the Architectural Barriers Act of 
     1968 (42 U.S.C. 4151 et seq.) and section 504 of the 
     Rehabilitation Act (29 U.S.C. 794).

               Subtitle B--Military and Veterans in Parks

     SEC. 5221. PROMOTION OF OUTDOOR RECREATION FOR MILITARY 
                   SERVICEMEMBERS AND VETERANS.

       Not later than 2 years after the date of the enactment of 
     this title, the Secretary concerned, in coordination with the 
     Secretary of Veterans Affairs and the Secretary of Defense, 
     shall develop educational and public awareness materials to 
     disseminate to members of the Armed Forces and veterans, 
     including through preseparation counseling of the Transition 
     Assistance Program under chapter 1142 of title 10, United 
     States Code, on--
       (1) opportunities for members of the Armed Forces and 
     veterans to access Federal recreational lands and waters free 
     of charge under section 805 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6804);
       (2) the availability and location of accessible trails, 
     including new accessible trails developed and completed under 
     section 5214;
       (3) the availability and location of accessible recreation 
     opportunities, including new accessible recreation 
     opportunities developed and completed under section 5215;
       (4) access to, and assistance with, assistive technology;
       (5) outdoor-related volunteer and wellness programs;
       (6) the benefits of outdoor recreation for physical and 
     mental health;
       (7) resources to access guided outdoor trips and other 
     outdoor programs connected to the Department of Defense, the 
     Department of Veterans Affairs, the Department of the 
     Interior, or the Department of Agriculture; and
       (8) programs and jobs focused on continuing national 
     service such as Public Land Corps, AmeriCorps, and 
     conservation corps programs.

     SEC. 5222. MILITARY VETERANS OUTDOOR RECREATION LIAISONS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this title, and subject to the availability 
     of appropriations made in advance for such purpose, the 
     Secretaries shall each establish within their

[[Page S5457]]

     Departments the position of Military Veterans Outdoor 
     Recreation Liaison.
       (b) Duties.--The Military Veterans Outdoor Recreation 
     Liaison shall--
       (1) coordinate the implementation of this subtitle;
       (2) implement recommendations identified by the Task Force 
     on Outdoor Recreation for Veterans established under section 
     203 of the Veterans Comprehensive Prevention, Access to Care, 
     and Treatment Act of 2020 (Public Law 116-214), including 
     recommendations related to--
       (A) improving coordination between the Department of 
     Veterans Affairs, Department of Agriculture, Department of 
     the Interior, and partner organizations regarding the use of 
     Federal recreational lands and waters for facilitating health 
     and wellness for veterans;
       (B) addressing identified barriers, including augmenting 
     the delivery of services of Federal programs, to providing 
     veterans with greater opportunities to improve their health 
     and wellness through outdoor recreation on Federal 
     recreational lands and waters; and
       (C) facilitating the use of Federal recreational lands and 
     waters for promoting wellness and facilitating the delivery 
     of health care and therapeutic interventions for veterans;
       (3) coordinate with other Military Veterans Outdoor 
     Recreation Liaisons established under this section and 
     veterans organizations; and
       (4) promote outdoor recreation experiences for veterans on 
     Federal recreational lands and waters through new and 
     innovative approaches.

     SEC. 5223. PARTNERSHIPS TO PROMOTE MILITARY AND VETERAN 
                   RECREATION.

       (a) In General.--The Secretary concerned may enter into 
     partnerships or agreements with State, Tribal, local, or 
     private entities with expertise in outdoor recreation, 
     volunteer, accessibility, and health and wellness programs 
     for members of the Armed Forces or veterans.
       (b) Partnerships.--As part of a partnership or agreement 
     entered into under subsection (a), the Secretary concerned 
     may host events on Federal recreational lands and waters 
     designed to promote outdoor recreation among members of the 
     Armed Forces and veterans.
       (c) Financial and Technical Assistance.--Under a 
     partnership or agreement entered into pursuant to subsection 
     (a), the Secretary concerned may provide financial or 
     technical assistance to the entity with which the respective 
     Secretary concerned has entered into the partnership or 
     agreement to assist with--
       (1) the planning, development, and execution of events, 
     activities, or programs designed to promote outdoor 
     recreation for members of the Armed Forces or veterans; or
       (2) the acquisition of assistive technology to facilitate 
     improved outdoor recreation opportunities for members of the 
     Armed Forces or veterans.

     SEC. 5224. NATIONAL STRATEGY FOR MILITARY AND VETERAN 
                   RECREATION.

       (a) Strategy.--Not later than 1 year after the date of the 
     enactment of this title, the Federal Interagency Council on 
     Outdoor Recreation established under section 5113 shall 
     develop and make public a strategy to increase visits to 
     Federal recreational lands and waters by members of the Armed 
     Forces, veterans, and Gold Star Family members.
       (b) Requirements.--A strategy developed under subsection 
     (a)--
       (1) shall--
       (A) provide for the implementation of recommendations to 
     facilitate the use of public recreation lands by veterans 
     developed by the Task Force on Outdoor Recreation for 
     Veterans under section 203 of the Veterans COMPACT Act of 
     2020 (Public Law 116-214);
       (B) establish objectives and quantifiable targets for 
     increasing visits to Federal recreational lands and waters by 
     members of the Armed Forces, veterans, and Gold Star Family 
     members;
       (C) be developed in coordination with appropriate veterans 
     organizations;
       (D) emphasize increased recreation opportunities on Federal 
     recreational lands and waters for members of the Armed 
     Forces, veterans, and Gold Star Family members; and
       (E) provide the anticipated costs to achieve the objectives 
     and meet the targets established under subparagraphs (A) and 
     (B); and
       (2) shall not establish any preference between similar 
     recreation facilitated by noncommercial or commercial 
     entities.
       (c) Update to Strategy.--Not later than 1 year after the 
     date of the publication of the strategy required under 
     subsection (a), and annually thereafter for the following 3 
     years, the Federal Interagency Council on Outdoor Recreation 
     shall update the strategy and make public the update.

     SEC. 5225. RECREATION RESOURCE ADVISORY COMMITTEES.

       Section 804(d) of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6803(d)) is amended--
       (1) in paragraph (5)(A), by striking ``11'' and inserting 
     ``12'';
       (2) in paragraph (5)(D)(i)--
       (A) by striking ``Five'' and inserting ``Six''; and
       (B) by inserting after subclause (V) the following:

       ``(VI) Veterans organizations, as such term is defined in 
     section 5201 of the EXPLORE Act.''; and

       (3) in paragraph (8), by striking ``Eight'' and inserting 
     ``Seven''.

     SEC. 5226. CAREER AND VOLUNTEER OPPORTUNITIES FOR VETERANS.

       (a) Pilot Program.--
       (1) Establishment.--The Secretary, in consultation with the 
     Secretary of Labor, shall establish a pilot program to 
     proactively inform veterans of available employment positions 
     that relate to the conservation and resource management 
     activities of the Department of the Interior.
       (2) Positions.--The Secretary shall--
       (A) identify vacant positions in the Department of the 
     Interior that are appropriate to fill using the pilot 
     program;
       (B) coordinate with the Military Veteran Outdoor Recreation 
     Liaisons established under section 5222 to inform veterans of 
     such vacant positions; and
       (C) to the maximum extent practicable, provide assistance 
     to veterans in selecting one or more vacant positions to 
     apply to, for which that veteran may be best qualified.
       (3) Reports.--
       (A) Implementation report.--Not later than 1 year after the 
     date on which the pilot program under paragraph (1) 
     commences, the Secretary and the Secretary of Labor shall 
     jointly provide to the appropriate congressional committees a 
     report on the implementation of the pilot program.
       (B) Final report.--Not later than 30 days after the date on 
     which the pilot program under paragraph (1) terminates under 
     paragraph (4), the Secretary and the Secretary of Labor shall 
     jointly submit to the appropriate congressional committees a 
     report on the pilot program that includes the following:
       (i) The number of veterans who applied to participate in 
     the pilot program.
       (ii) The number of such veterans employed under the pilot 
     program.
       (iii) The number of veterans identified in clause (ii) who 
     transitioned to full-time positions with the Federal 
     Government after participating in the pilot program.
       (iv) Any other information the Secretary and the Secretary 
     of Labor determine appropriate with respect to measuring the 
     effectiveness of the pilot program.
       (4) Duration.--The authority to carry out the pilot program 
     under this subsection shall terminate on the date that is 2 
     years after the date on which the pilot program commences.
       (b) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Veterans' Affairs and the Committee on 
     Natural Resources of the House of Representatives; and
       (2) the Committee on Veterans' Affairs and the Committee on 
     Energy and Natural Resources of the Senate.
       (c) Outdoor Recreation Program Attendance.--The Secretaries 
     are encouraged to work with the Secretary of Defense and the 
     Secretary of Veterans Affairs to ensure servicemembers and 
     veterans have access to outdoor recreation and outdoor-
     related volunteer and wellness programs as part of the basic 
     services provided to servicemembers and veterans.

                        Subtitle C--Youth Access

     SEC. 5231. INCREASING YOUTH RECREATION VISITS TO FEDERAL 
                   LAND.

       (a) Strategy.--Not later than 2 years after the date of the 
     enactment of this title, the Secretaries, acting jointly, 
     shall develop and make public a strategy to increase the 
     number of youth recreation visits to Federal recreational 
     lands and waters.
       (b) Requirements.--A strategy developed under subsection 
     (a)--
       (1) shall--
       (A) emphasize increased recreation opportunities on Federal 
     recreational lands and waters for underserved youth;
       (B) establish objectives and quantifiable targets for 
     increasing youth recreation visits; and
       (C) provide the anticipated costs to achieve the objectives 
     and meet the targets established under subparagraph (B); and
       (2) shall not establish any preference between similar 
     recreation facilitated by noncommercial or commercial 
     entities.
       (c) Update to Strategy.--Not later than 5 years after the 
     date of the publication of the strategy required under 
     subsection (a), and every 5 years thereafter, the Secretaries 
     shall update the strategy and make public the update.
       (d) Agreements.--The Secretaries may enter into contracts 
     or cost-share agreements (including contracts or agreements 
     for the acquisition of vehicles) to carry out this section.

     SEC. 5232. EVERY KID OUTDOORS ACT EXTENSION.

       Section 9001(b) of the John D. Dingell, Jr. Conservation, 
     Management, and Recreation Act (Public Law 116-9) is 
     amended--
       (1) in paragraph (2)(B), by striking ``during the period 
     beginning on September 1 and ending on August 31 of the 
     following year'' and inserting ``for a 12-month period that 
     begins on a date determined by the Secretaries''; and
       (2) in paragraph (5), by striking ``the date that is 7 
     years after the date of enactment of this Act'' and inserting 
     ``September 30, 2031''.

          TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION

     SEC. 5301. DEFINITIONS.

       In this title:
       (1) Commercial use authorization.--The term ``commercial 
     use authorization'' means

[[Page S5458]]

     a commercial use authorization to provide services to 
     visitors to units of the National Park System under 
     subchapter II of chapter 1019 of title 54, United States 
     Code.
       (2) Multijurisdictional trip.--The term 
     ``multijurisdictional trip'' means a trip that--
       (A) uses 2 or more units of Federal recreational lands and 
     waters; and
       (B) is under the jurisdiction of 2 or more Federal land 
     management agencies.
       (3) Recreation service provider.--The term ``recreation 
     service provider'' has the meaning given the term in section 
     802 of the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6801) (as amended by section 5311).
       (4) Special recreation permit.--The term ``special 
     recreation permit'' has the meaning given the term in section 
     802 of the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6801) (as amended by section 5311).
       (5) Visitor-use day.--The term ``visitor-use day'' means a 
     visitor-use day, user day, launch, or other metric used by 
     the Secretary concerned for purposes of authorizing use under 
     a special recreation permit.

             Subtitle A--Modernizing Recreation Permitting

     SEC. 5311. SPECIAL RECREATION PERMIT AND FEE.

       (a) Definitions.--Section 802 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6801) is amended to 
     read as follows:

     ``SEC. 802. DEFINITIONS.

       ``In this title:
       ``(1) Entrance fee.--The term `entrance fee' means the 
     recreation fee authorized to be charged to enter onto lands 
     managed by the National Park Service or the United States 
     Fish and Wildlife Service.
       ``(2) Expanded amenity recreation fee.--The term `expanded 
     amenity recreation fee' means the recreation fee authorized 
     by section 803(g).
       ``(3) Federal land management agency.--The term `Federal 
     land management agency' means the National Park Service, the 
     United States Fish and Wildlife Service, the Bureau of Land 
     Management, the Bureau of Reclamation, or the Forest Service.
       ``(4) Federal recreational lands and waters.--The term 
     `Federal recreational lands and waters' means lands or waters 
     managed by a Federal land management agency.
       ``(5) National parks and federal recreational lands pass.--
     The term `National Parks and Federal Recreational Lands Pass' 
     means the interagency national pass authorized by section 
     805.
       ``(6) Passholder.--The term `passholder' means the person 
     who is issued a recreation pass.
       ``(7) Recreation fee.--The term `recreation fee' means an 
     entrance fee, standard amenity recreation fee, expanded 
     amenity recreation fee, or special recreation permit fee.
       ``(8) Recreation pass.--The term `recreation pass' means 
     the National Parks and Federal Recreational Lands Pass or one 
     of the other recreation passes available as authorized by 
     section 805.
       ``(9) Recreation service provider.--The term `recreation 
     service provider' means a person that provides recreational 
     services to the public under a special recreation permit 
     under clause (i), (ii), or (iii) of paragraph (13)(A).
       ``(10) Secretaries.--The term `Secretaries' means the 
     Secretary of the Interior and the Secretary of Agriculture 
     acting jointly.
       ``(11) Secretary.--The term `Secretary' means--
       ``(A) the Secretary of the Interior, with respect to a 
     Federal land management agency (other than the Forest 
     Service); and
       ``(B) the Secretary of Agriculture, with respect to the 
     Forest Service.
       ``(12) Special account.--The term `special account' means 
     the special account established in the Treasury under section 
     807 for a Federal land management agency.'';
       ``(13) Special recreation permit.--
       ``(A) In general.--The term `special recreation permit' 
     means a permit issued by a Federal land management agency for 
     the use of Federal recreational lands and waters that the 
     Secretary determines to be in one of the following 
     categories:
       ``(i) For--

       ``(I) a recurring outfitting, guiding, or, at the 
     discretion of the Secretary, other recreation service, the 
     authorization for which is for a term of not more than 10 
     years; or
       ``(II) a recurring outfitting, guiding, or, at the 
     discretion of the Secretary, other recreation service, that 
     occurs under a temporary special recreation permit authorized 
     under section 5316 of the EXPLORE Act.

       ``(ii) For a single competitive activity or event or a 
     related series of competitive activities or events.
       ``(iii) For--

       ``(I) at the discretion of the Secretary, a single 
     organized group recreation activity or event (including an 
     activity or event in which motorized recreational vehicles 
     are used or in which outfitting and guiding services are 
     used) that--

       ``(aa) is a structured or scheduled event or activity;
       ``(bb) is not competitive and is for fewer than 75 
     participants;
       ``(cc) may charge an entry or participation fee;
       ``(dd) involves fewer than 200 visitor-use days; and
       ``(ee) is undertaken or provided by the recreation service 
     provider at the same site not more frequently than 3 times a 
     year; and

       ``(II) at the discretion of the Secretary, a recurring 
     organized group recreation activity or event (including an 
     outfitting and guiding activity or event) that--

       ``(aa) is a structured or scheduled event or activity;
       ``(bb) is not competitive;
       ``(cc) may charge a participation fee;
       ``(dd) occurs in a group size of fewer than 7 participants;
       ``(ee) involves fewer than 40 visitor-use days; and
       ``(ff) is undertaken or provided by the recreation service 
     provider for a term of not more than 180 days.
       ``(iv) For a large-group activity or event that involves a 
     number of participants equal to or greater than a number to 
     be determined by the Secretary.
       ``(v) For a specialized recreational use not described in 
     clause (i), (ii), (iii), or (iv), such as--

       ``(I) an organizational camp;
       ``(II) participation by the public in a recreation activity 
     or recreation use of a specific area of Federal recreational 
     lands and waters in which use by the public is allocated; and
       ``(III) any other type of recreational activity or event 
     that requires an entry or participation fee that is not 
     strictly a sharing of the expenses incurred by the 
     participants during the activity or event.

       ``(B) Exclusions.--The term `special recreation permit' 
     does not include--
       ``(i) a concession contract for the provision of 
     accommodations, facilities, or services;
       ``(ii) a commercial use authorization issued under section 
     101925 of title 54, United States Code; or
       ``(iii) any other type of permit, including a special use 
     permit administered by the National Park Service.
       ``(14) Special recreation permit fee.--The term `special 
     recreation permit fee' means the fee authorized by section 
     803(h)(2).
       ``(15) Standard amenity recreation fee.--The term `standard 
     amenity recreation fee' means the recreation fee authorized 
     by section 803(f).
       ``(16) State.--The term `State' means each of the several 
     States, the District of Columbia, and each territory of the 
     United States.''.
       (b) Special Recreation Permits and Fees.--Section 803 of 
     the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) 
     is amended--
       (1) by striking ``this Act'' each place it appears and 
     inserting ``this title'';
       (2) in subsection (b)(5), by striking ``section 4(d)'' and 
     inserting ``section 804(d)''; and
       (3) by striking subsection (h) and inserting the following:
       ``(h) Special Recreation Permits and Fees.--
       ``(1) Special recreation permits.--
       ``(A) Applications.--The Secretary--
       ``(i) may develop and make available to the public an 
     application to obtain a special recreation permit described 
     in clause (v) of section 802(13)(A); and
       ``(ii) shall develop and make available to the public an 
     application to obtain a special recreation permit described 
     in each of clauses (i) through (iv) of section 802(13)(A).
       ``(B) Issuance of permits.--On review of a completed 
     application developed under subparagraph (A), as applicable, 
     and a determination by the Secretary that the applicant is 
     eligible for the special recreation permit, the Secretary may 
     issue to the applicant a special recreation permit, subject 
     to any terms and conditions that are determined to be 
     necessary by the Secretary.
       ``(C) Incidental sales.--A special recreation permit issued 
     under this paragraph may include an authorization for sales 
     that are incidental in nature to the permitted use of the 
     Federal recreational lands and waters, except where otherwise 
     prohibited by law.
       ``(2) Special recreation permit fees.--
       ``(A) In general.--The Secretary may charge a special 
     recreation permit fee for the issuance of a special 
     recreation permit in accordance with this paragraph.
       ``(B) Predetermined special recreation permit fees.--
       ``(i) In general.--For purposes of subparagraphs (D) and 
     (E) of this paragraph, the Secretary shall establish and may 
     charge, and update as necessary, a predetermined fee, 
     described in clause (ii) of this subparagraph, for a special 
     recreation permit described in clause (i), (ii), or (iii) of 
     section 802(13)(A) for a specific type of use on a unit of 
     Federal recreational lands and waters, consistent with the 
     criteria set forth in clause (iii) of this subparagraph.
       ``(ii) Type of fee.--A predetermined fee described in 
     clause (i) shall be--

       ``(I) a fixed fee that is assessed per special recreation 
     permit, including a fee with an associated size limitation or 
     other criteria as determined to be appropriate by the 
     Secretary; or
       ``(II) an amount assessed per visitor-use day.

       ``(iii) Criteria.--A predetermined fee under clause (i) 
     shall--

       ``(I) have been established before the date of the 
     enactment of the EXPLORE Act;
       ``(II) if established after the date of the enactment of 
     the EXPLORE Act--

       ``(aa) be in accordance with subsection (b); and
       ``(bb) be comparable to an amount described in subparagraph 
     (D)(ii) or (E)(ii), as applicable; or

[[Page S5459]]

       ``(III) beginning on the date that is 2 years after the 
     date of the enactment of the EXPLORE Act, be $6 per visitor-
     use day in instances in which the Secretary has not 
     established a predetermined fee under subclause (I) or (II) 
     until such time as the Secretary establishes a different fee 
     under this paragraph.

       ``(C) Calculation of fees for specialized recreational uses 
     and large-group activities or events.--The Secretary may, at 
     the discretion of the Secretary, establish and charge a fee 
     for a special recreation permit described in clause (iv) or 
     (v) of section 802(13)(A).
       ``(D) Calculation of fees for single organized group 
     recreation activities or events, competitive events, and 
     certain recurring organized group recreation activities.--If 
     the Secretary elects to charge a fee for a special recreation 
     permit described in clause (ii) or (iii) of section 
     802(13)(A), the Secretary shall charge the recreation service 
     provider, based on the election of the recreation service 
     provider--
       ``(i) the applicable predetermined fee established under 
     subparagraph (B); or
       ``(ii) an amount equal to a percentage of, to be determined 
     by the Secretary, but to not to exceed 5 percent of, adjusted 
     gross receipts calculated under subparagraph (F).
       ``(E) Calculation of fees for temporary permits and long-
     term permits.--Subject to subparagraph (G), if the Secretary 
     elects to charge a fee for a special recreation permit 
     described in section 802(13)(A)(i), the Secretary shall 
     charge the recreation service provider, based on the election 
     of the recreation service provider--
       ``(i) the applicable predetermined fee established under 
     subparagraph (B); or
       ``(ii) an amount equal to a percentage of, to be determined 
     by the Secretary, but not to exceed 3 percent of, adjusted 
     gross receipts calculated under subparagraph (F).
       ``(F) Adjusted gross receipts.--For the purposes of 
     subparagraphs (D)(ii) and (E)(ii), the Secretary shall 
     calculate the adjusted gross receipts collected for each trip 
     or event authorized under a special recreation permit, using 
     either of the following calculations, based on the election 
     of the recreation service provider:
       ``(i) The sum of--

       ``(I) the product obtained by multiplying--

       ``(aa) the general amount paid by participants of the trip 
     or event to the recreation service provider for the 
     applicable trip or event (excluding amounts related to goods, 
     souvenirs, merchandise, gear, and additional food provided or 
     sold by the recreation service provider); and
       ``(bb) the quotient obtained by dividing--
       ``(AA) the number of days of the trip or event that 
     occurred on Federal recreational lands and waters covered by 
     the special recreation permit, rounded to the nearest whole 
     day; by
       ``(BB) the total number of days of the trip or event; and

       ``(II) the amount of any additional revenue received by the 
     recreation service provider for an add-on activity or an 
     optional excursion that occurred on the Federal recreational 
     lands and waters covered by the special recreation permit.

       ``(ii) The difference between--

       ``(I) the total cost paid by the participants of the trip 
     or event for the trip or event to the recreation service 
     provider--

       ``(aa) including any additional revenue received by the 
     recreation service provider for an add-on activity or an 
     optional excursion; and
       ``(bb) excluding the amount of any revenues from goods, 
     souvenirs, merchandise, gear, and additional food provided or 
     sold by the recreation service provider to the participants 
     of the applicable trip or event; and

       ``(II) the sum of--

       ``(aa) the amount of any costs or revenues from services 
     and activities provided or sold by the recreation service 
     provider to the participants of the trip or event that 
     occurred in a location other than Federal recreational lands 
     and waters (including costs for travel and lodging outside 
     Federal recreational lands and waters); and
       ``(bb) the amount of any revenues from any service provided 
     by a recreation service provider for an activity on Federal 
     recreational lands and waters that is not covered by the 
     special recreation permit.
       ``(G) Exception.--Notwithstanding subparagraphs (D) and 
     (E), the Secretary may charge a recreation service provider a 
     minimum annual fee for a special recreation permit described 
     in clauses (i), (ii), or (iii) of section 802(13)(A).
       ``(H) Savings clauses.--
       ``(i) Effect.--Nothing in this paragraph affects any fee 
     for--

       ``(I) a concession contract administered by the National 
     Park Service or the United States Fish and Wildlife Service 
     for the provision of accommodations, facilities, or services; 
     or
       ``(II) a commercial use authorization or special use permit 
     for use of Federal recreational lands and waters managed by 
     the National Park Service.

       ``(ii) Cost recovery.--Nothing in this paragraph affects 
     the ability of the Secretary to recover any administrative 
     costs under section 5320 of the EXPLORE Act.
       ``(iii) Special recreation permit fees and other recreation 
     fees.--The collection of a special recreation permit fee 
     under this paragraph shall not affect the authority of the 
     Secretary to collect an entrance fee, a standard amenity 
     recreation fee, or an expanded amenity recreation fee 
     authorized under subsections (e), (f), and (g).
       ``(iv) Relationship to other laws.--Nothing in this 
     paragraph affects the ability of the Secretary to issue 
     permits or collect fees under another provision of law, 
     including the National Forest Organizational Camp Fee 
     Improvement Act of 2003 (16 U.S.C. 6231 et seq.).
       ``(i) Disclosure of Recreation Fees and Use of Recreation 
     Fees.--
       ``(1) Notice of entrance fees, standard amenity recreation 
     fees, expanded amenity recreation fees, and available 
     recreation passes.--
       ``(A) In general.--The Secretary shall post clear notice of 
     any entrance fee, standard amenity recreation fee, expanded 
     amenity recreation fee, and available recreation passes--
       ``(i) at appropriate locations in each unit or area of 
     Federal recreational land and waters at which an entrance 
     fee, standard amenity recreation fee, or expanded amenity 
     recreation fee is charged; and
       ``(ii) on the appropriate website for such unit or area.
       ``(B) Publications.--The Secretary shall include in 
     publications distributed at a unit or area or described in 
     subparagraph (A) the notice described in that subparagraph.
       ``(2) Notice of uses of recreation fees.--Beginning on 
     January 1, 2026, the Secretary shall annually post, at the 
     location at which a recreation fee described in paragraph 
     (1)(A) is collected, clear notice of--
       ``(A) the total recreation fees collected during each of 
     the 2 preceding fiscal years at the respective unit or area 
     of the Federal land management agency; and
       ``(B) each use during the preceding fiscal year of the 
     applicable recreation fee or recreation pass revenues 
     collected under this section.
       ``(3) Notice of recreation fee projects.--To the extent 
     practicable, the Secretary shall post clear notice at the 
     location at which work is performed using recreation fee and 
     recreation pass revenues collected under this section.
       ``(4) Centralized reporting on agency websites.--
       ``(A) In general.--Not later than January 1, 2025, and not 
     later than 60 days after the beginning of each fiscal year 
     thereafter, the Secretary shall post on the website of the 
     applicable Federal land management agency a searchable list 
     of each use during the preceding fiscal year of the 
     recreation fee or recreation pass revenues collected under 
     this section.
       ``(B) List components.--The list required under 
     subparagraph (A) shall include, with respect to each use 
     described in that subparagraph--
       ``(i) a title and description of the overall project;
       ``(ii) a title and description for each component of the 
     project;
       ``(iii) the location of the project; and
       ``(iv) the amount obligated for the project.
       ``(5) Notice to customers.--A recreation service provider 
     may inform a customer of the recreation service provider of 
     any fee charged by the Secretary under this section.''.
       (c) Conforming Amendment.--Section 804 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6803) is amended by 
     striking subsection (e).
       (d) Use of Special Recreation Permit Revenue.--Section 808 
     of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
     6807) is amended--
       (1) by striking ``this Act'' each place it appears and 
     inserting ``this title'';
       (2) in subsection (a)(3)--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking ``6(a) or a visitor 
     reservation service.'' and inserting ``806(a) or a visitor 
     reservation service;''; and
       (C) by adding at the end the following:
       ``(G) the processing of special recreation permit 
     applications and administration of special recreation 
     permits; and
       ``(H) the improvement of the operation of the special 
     recreation permit program under section 803(h).''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``section 5(a)(7)'' and 
     inserting ``section 805(a)(7)''; and
       (B) in paragraph (2), by striking ``section 5(d)'' and 
     inserting ``section 805(d)''.
       (e) Reauthorization.--Section 810 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6809) is amended by 
     striking ``2019'' and inserting ``2031''.

     SEC. 5312. PERMITTING PROCESS IMPROVEMENTS.

       (a) In General.--To simplify the process of the issuance 
     and reissuance of special recreation permits and reduce the 
     cost of administering special recreation permits under 
     section 803(h) of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6802(h)) (as amended by this title), the 
     Secretaries shall each--
       (1) not later than 1 year after the date of enactment of 
     this Act--
       (A) evaluate the process for issuing special recreation 
     permits;
       (B) based on the evaluation under subparagraph (A), 
     identify opportunities to--
       (i) eliminate duplicative processes with respect to issuing 
     special recreation permits;
       (ii) reduce costs for the issuance of special recreation 
     permits;
       (iii) decrease processing times for special recreation 
     permits; and

[[Page S5460]]

       (iv) issue simplified special recreation permits, including 
     special recreation permits for an organized group recreation 
     activity or event under subsection (e); and
       (C) use or incorporate existing evaluations and analyses, 
     as applicable, in carrying out this section; and
       (2) not later than 1 year after the date on which the 
     Secretaries complete their respective evaluation and 
     identification processes under paragraph (1), revise, as 
     necessary, relevant agency regulations and guidance 
     documents, including regulations and guidance documents 
     relating to the environmental review process, for special 
     recreation permits to implement the improvements identified 
     under paragraph (1)(B).
       (b) Environmental Reviews.--
       (1) In general.--The Secretary concerned shall, to the 
     maximum extent practicable, utilize available tools, 
     including tiering to existing programmatic reviews, as 
     appropriate, to facilitate an effective and efficient 
     environmental review process for activities undertaken by the 
     Secretary concerned relating to the issuance of special 
     recreation permits.
       (2) Categorical exclusions.--Not later than 2 years after 
     the date of the enactment of this title, the Secretary 
     concerned shall--
       (A) evaluate whether existing categorical exclusions 
     available to the Secretary concerned on the date of the 
     enactment of this title are consistent with the provisions of 
     this title;
       (B) evaluate whether a modification of an existing 
     categorical exclusion or the establishment of 1 or more new 
     categorical exclusions developed in compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is necessary to undertake an activity described in 
     paragraph (1) in a manner consistent with the authorities and 
     requirements in this title; and
       (C) revise relevant agency regulations and policy 
     statements and guidance documents, as necessary, to modify 
     existing categorical exclusions or incorporate new 
     categorical exclusions based on evaluations conducted under 
     this paragraph.
       (c) Needs Assessments.--Except as required under subsection 
     (c) or (d) of section 4 of the Wilderness Act (16 U.S.C. 
     1133), the Secretary concerned shall not conduct a needs 
     assessment as a condition of issuing a special recreation 
     permit under section 803(h) of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6802(h)) (as amended by this 
     title).
       (d) Online Applications.--Not later than 3 years after the 
     date of the enactment of this title, the Secretaries shall 
     make the application for a special recreation permit under 
     section 803(h) of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6802(h)) (as amended by this title), including 
     a reissuance of a special recreation permit under that 
     section, available for completion and submission--
       (1) online;
       (2) by mail or electronic mail; and
       (3) in person at the field office for the applicable 
     Federal recreational lands and waters.
       (e) Special Recreation Permits for an Organized Group 
     Recreation Activity or Event.--
       (1) Definitions.--In this subsection:
       (A) Special recreation permit for an organized group 
     recreation activity or event.--The term ``special recreation 
     permit for an organized group recreation activity or event'' 
     means a special recreation permit described in paragraph 
     (13)(A)(iii) of section 802 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6801) (as amended by this title).
       (B) Youth group.--The term ``youth group'' means a 
     recreation service provider that predominantly serves 
     individuals not older than 25 years of age.
       (2) Exemption from certain allocations of use.--If the 
     Secretary concerned allocates visitor-use days available for 
     an area or activity on Federal recreational lands and waters 
     among recreation service providers that hold a permit 
     described in paragraph (13)(A)(i) of section 802 of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as 
     amended by this title), the Secretary concerned may issue a 
     special recreation permit for an organized group recreation 
     activity or event for such Federal recreational lands and 
     waters, subject to the requirements under paragraph (3), 
     notwithstanding the availability or allocation of visitor-use 
     days to holders of a permit described in paragraph (13)(A)(i) 
     of section 802 of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6801) (as amended by this title).
       (3) Issuance.--In accordance with paragraphs (5) and (6), 
     if use by the general public is not subject to a limited 
     entry permit system and if capacity is available for the 
     times or days in which the proposed activity or event would 
     be undertaken, on request of a recreation service provider 
     (including a youth group) to conduct an organized group 
     recreation activity or event, the Secretary concerned--
       (A) shall make a nominal effects determination to determine 
     whether the proposed activity or event would have more than 
     nominal effects on Federal recreational lands and waters, 
     resources, and programs; and
       (B)(i) shall not require a recreation service provider 
     (including a youth group) to obtain a special recreation 
     permit for an organized group recreation activity or event if 
     the Secretary concerned determines--
       (I) the proposed activity or event to be undertaken would 
     have only nominal effects on Federal recreational lands and 
     waters, resources, and programs; and
       (II) establishing additional terms and conditions for the 
     proposed activity or event is not necessary to protect or 
     avoid conflict on or with Federal recreational lands and 
     waters, resources, and programs;
       (ii) in the case of an organized group recreation activity 
     or event described in paragraph (13)(A)(iii)(I) of section 
     802 of the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6801) (as amended by this title), may issue to a 
     recreation service provider (including a youth group) a 
     special recreation permit for an organized group recreation 
     activity or event, subject to any terms and conditions as are 
     determined to be appropriate by the Secretary concerned, if 
     the Secretary concerned determines--
       (I) the proposed activity or event to be undertaken would 
     have only nominal effects on Federal recreational lands and 
     waters, resources, and programs; and
       (II) establishing additional terms and conditions for the 
     proposed activity or event is necessary to protect or avoid 
     conflict on or with Federal recreational lands and waters, 
     resources, and programs;
       (iii) in the case of an organized group recreation activity 
     or event described in paragraph (13)(A)(iii)(II) of section 
     802 of that Act (16 U.S.C. 6801) (as amended by this title), 
     shall issue to a recreation service provider (including a 
     youth group) a special recreation permit for an organized 
     group recreation activity or event, subject to such terms and 
     conditions determined to be appropriate by the Secretary 
     concerned, if the Secretary concerned determines--
       (I) the proposed activity or event to be undertaken would 
     have only nominal effects on Federal recreational lands and 
     waters, resources, and programs; and
       (II) establishing additional terms and conditions for the 
     proposed activity or event is necessary to protect or avoid 
     conflict on or with Federal recreational lands and waters, 
     resources, and programs; and
       (iv) may issue to a recreation service provider (including 
     a youth group) a special recreation permit for an organized 
     group recreation activity or event, subject to any terms and 
     conditions determined to be appropriate by the Secretary 
     concerned, if the Secretary concerned determines--
       (I) the proposed activity or event to be undertaken may 
     have more than nominal effects on Federal recreational lands 
     and waters, resources, and programs; and
       (II) establishing additional terms and conditions for the 
     proposed activity or event would be necessary to protect or 
     avoid conflict on or with Federal recreational lands and 
     waters, resources, and programs.
       (4) Fees.--The Secretary concerned may elect not to charge 
     a fee to a recreation service provider (including a youth 
     group) for a special recreation permit for an organized group 
     recreation activity or event.
       (5) Savings clause.--Nothing in this subsection prevents 
     the Secretary concerned from limiting or abating the 
     allowance of a proposed activity or event under paragraph 
     (3)(B)(i) or the issuance of a special recreation permit for 
     an organized group recreation activity or event, based on 
     resource conditions, administrative burdens, or safety 
     issues.
       (6) Qualifications.--A special recreation permit for an 
     organized group recreation activity or event issued under 
     paragraph (3) shall be subject to the health and safety 
     standards required by the Secretary concerned for a permit 
     issued under paragraph (13)(A)(i) of section 802 of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as 
     amended by this title).

     SEC. 5313. PERMIT FLEXIBILITY.

       (a) In General.--The Secretary concerned shall establish 
     guidelines to allow a holder of a special recreation permit 
     under subsection (h) of section 803 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 
     this title), to engage in another recreational activity under 
     the special recreation permit that is substantially similar 
     to the specific activity authorized under the special 
     recreation permit.
       (b) Criteria.--For the purposes of this section, a 
     recreational activity shall be considered to be a 
     substantially similar recreational activity if the 
     recreational activity--
       (1) is comparable in type, nature, scope, and ecological 
     setting to the specific activity authorized under the special 
     recreation permit;
       (2) does not result in a greater impact on natural and 
     cultural resources than the impact of the authorized 
     activity;
       (3) does not adversely affect--
       (A) any other holder of a special recreation permit or 
     other permit; or
       (B) any other authorized use of the Federal recreational 
     lands and waters; and
       (4) is consistent with--
       (A) any applicable laws (including regulations); and
       (B) the land management plan, resource management plan, or 
     equivalent plan applicable to the Federal recreational lands 
     and waters.
       (c) Surrender of Unused Visitor-use Days.--
       (1) In general.--A recreation service provider holding a 
     special recreation permit described in paragraph (13)(A)(i) 
     of section 802

[[Page S5461]]

     of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
     6801) (as amended by this title) may--
       (A) notify the Secretary concerned of an inability to use 
     visitor-use days annually allocated to the recreation service 
     provider under the special recreation permit; and
       (B) surrender to the Secretary concerned the unused 
     visitor-use days for the applicable year for temporary 
     reassignment under section 5318(b).
       (2) Determination.--To ensure a recreation service provider 
     described in paragraph (1) is able to make an informed 
     decision before surrendering any unused visitor-use day under 
     paragraph (1)(B), the Secretary concerned shall, on the 
     request of the applicable recreation service provider, 
     determine and notify the recreation service provider whether 
     the unused visitor-use day meets the requirement described in 
     section 5317(b)(3)(B) before the recreation service provider 
     surrenders the unused visitor-use day.
       (d) Effect.--Nothing in this section affects any authority 
     of, regulation issued by, or decision of the Secretary 
     concerned relating to the use of electric bicycles on Federal 
     recreational lands and waters under any other Federal law.

     SEC. 5314. PERMIT ADMINISTRATION.

       (a) Permit Availability.--
       (1) Notifications of permit availability.--
       (A) In general.--Except as provided in subparagraph (B), in 
     an area of Federal recreational lands and waters in which use 
     by recreation service providers is allocated, if the 
     Secretary concerned determines that visitor-use days are 
     available for allocation to recreation service providers or 
     holders of a commercial use authorization for outfitting and 
     guiding, the Secretary concerned shall publish that 
     information on the website of the agency that administers the 
     applicable area of Federal recreational lands and waters.
       (B) Effect.--Nothing in this paragraph--
       (i) applies to--

       (I) the reissuance of an existing special recreation permit 
     or commercial use authorization for outfitting and guiding; 
     or
       (II) the issuance of a new special recreation permit or new 
     commercial use authorization for outfitting and guiding 
     issued to the purchaser of--

       (aa) a recreation service provider that is the holder of an 
     existing special recreation permit; or
       (bb) a holder of an existing commercial use authorization 
     for outfitting and guiding; or
       (ii) creates a prerequisite to the issuance of a special 
     recreation permit or commercial use authorization for 
     outfitting and guiding or otherwise limits the authority of 
     the Secretary concerned--

       (I) to issue a new special recreation permit or new 
     commercial use authorization for outfitting and guiding; or
       (II) to add a new or additional use to an existing special 
     recreation permit or an existing commercial use authorization 
     for outfitting and guiding.

       (2) Updates.--The Secretary concerned shall ensure that 
     information published on the website under this subsection is 
     consistently updated to provide current and correct 
     information to the public.
       (3) Electronic mail notifications.--The Secretary concerned 
     shall establish a system by which potential applicants for 
     special recreation permits or commercial use authorizations 
     for outfitting and guiding may subscribe to receive 
     notification by electronic mail of the availability of 
     special recreation permits under section 803(h)(1) of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as 
     amended by this title) or commercial use authorizations for 
     outfitting and guiding.
       (b) Permit Application or Proposal Acknowledgment.--Not 
     later than 60 days after the date on which the Secretary 
     concerned receives a completed application or a complete 
     proposal for a special recreation permit under section 
     803(h)(1) of the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6802) (as amended by this title), the Secretary 
     concerned shall--
       (1) provide to the applicant notice acknowledging receipt 
     of the application or proposal; and
       (2)(A) issue a final decision with respect to the 
     application or proposal; or
       (B) provide to the applicant notice of a projected date for 
     a final decision on the application or proposal.
       (c) Effect.--Nothing in this section applies to a 
     concession contract issued by the National Park Service for 
     the provision of accommodations, facilities, or services.

     SEC. 5315. SERVICE FIRST INITIATIVE; PERMITS FOR 
                   MULTIJURISDICTIONAL TRIPS.

       (a) Repeal.--Section 330 of the Department of the Interior 
     and Related Agencies Appropriations Act, 2001 (43 U.S.C. 
     1703), is repealed.
       (b) Cooperative Action and Sharing of Resources by the 
     Secretaries of the Interior and Agriculture.--
       (1) In general.--For fiscal year 2024, and each fiscal year 
     thereafter, the Secretaries may carry out an initiative, to 
     be known as the ``Service First Initiative'', under which the 
     Secretaries, or Federal land management agencies within their 
     departments, may--
       (A) establish programs to conduct projects, planning, 
     permitting, leasing, contracting, and other activities, 
     either jointly or on behalf of one another;
       (B) co-locate in Federal offices and facilities leased by 
     an agency of the Department of the Interior or the Department 
     of Agriculture; and
       (C) issue rules to test the feasibility of issuing unified 
     permits, applications, and leases, subject to the limitations 
     in this section.
       (2) Delegations of authority.--The Secretaries may make 
     reciprocal delegations of the respective authorities, duties, 
     and responsibilities of the Secretaries in support of the 
     Service First Initiative agency-wide to promote customer 
     service and efficiency.
       (3) Effect.--Nothing in this section alters, expands, or 
     limits the applicability of any law (including regulations) 
     to land administered by the Bureau of Land Management, 
     National Park Service, United States Fish and Wildlife 
     Service, or the Forest Service or matters under the 
     jurisdiction of any other bureaus or offices of the 
     Department of the Interior or the Department of Agriculture, 
     as applicable.
       (4) Transfers of funding.--Subject to the availability of 
     appropriations and to facilitate the sharing of resources 
     under the Service First Initiative, the Secretaries are 
     authorized to mutually transfer funds between, or reimburse 
     amounts expended from, appropriate accounts of either 
     Department on an annual basis, including transfers and 
     reimbursements for multiyear projects, except that this 
     authority may not be used in a manner that circumvents 
     requirements or limitations imposed on the use of any of the 
     funds so transferred or reimbursed.
       (5) Report.--The Secretaries shall submit an annual report 
     to the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate describing the activities undertaken 
     as part of the Service First Initiative in the prior year.
       (c) Pilot Program for Special Recreation Permits for 
     Multijurisdictional Trips.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this title, the Secretaries shall establish 
     a pilot program to offer to a person seeking an authorization 
     for a multijurisdictional trip a set of separate special 
     recreation permits or commercial use authorizations that 
     authorizes the use of each unit of Federal recreational lands 
     and waters on which the multijurisdictional trip occurs, 
     subject to the authorities that apply to the applicable unit 
     of Federal recreational lands and waters.
       (2) Minimum number of permits.--Not later than 4 years 
     after the date of the enactment of this title, the 
     Secretaries shall issue not fewer than 10 sets of separate 
     special recreation permits described in paragraph (13)(A)(i) 
     of section 802 of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6801) (as amended by this title) or commercial 
     use authorizations under the pilot program established under 
     paragraph (1).
       (3) Lead agencies.--In carrying out the pilot program 
     established under paragraph (1), the Secretaries shall--
       (A) designate a lead agency for issuing and administering a 
     set of separate special recreation permits or commercial use 
     authorizations; and
       (B) select not fewer than 4 offices at which a person shall 
     be able to apply for a set of separate special recreation 
     permits or commercial use authorizations, of which--
       (i) not fewer than 2 offices are managed by the Secretary; 
     and
       (ii) not fewer than 2 offices are managed by the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (4) Retention of authority by the applicable secretary.--
     Each of the Secretaries shall retain the authority to enforce 
     the terms, stipulations, conditions, and agreements in a set 
     of separate special recreation permits or commercial use 
     authorizations issued under the pilot program established 
     under paragraph (1) that apply specifically to the use 
     occurring on the Federal recreational lands and waters 
     managed by the applicable Secretary, under the authorities 
     that apply to the applicable Federal recreational lands and 
     waters.
       (5) Option to apply for separate special recreation permits 
     or commercial use authorizations.--A person seeking the 
     appropriate permits or authorizations for a 
     multijurisdictional trip may apply for--
       (A) a separate special recreation permit or commercial use 
     authorization for the use of each unit of Federal 
     recreational lands and waters on which the 
     multijurisdictional trip occurs; or
       (B) a set of separate special recreational permits or 
     commercial use authorizations made available under the pilot 
     program established under paragraph (1).
       (6) Effect.--Nothing in this subsection applies to a 
     concession contract issued by the National Park Service for 
     the provision of accommodations, facilities, or services.

     SEC. 5316. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT 
                   TEMPORARY SPECIAL RECREATION PERMITS FOR 
                   OUTFITTING AND GUIDING.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this title, the Secretary concerned shall 
     establish and implement a program to authorize the issuance 
     of temporary special recreation permits for new or additional 
     recreational uses of Federal recreational land and water 
     managed by the Forest Service and the Bureau of Land 
     Management.
       (b) Term of Temporary Permits.--A temporary special 
     recreation permit issued

[[Page S5462]]

     under subsection (a) shall be issued for a period of not more 
     than 2 years.
       (c) Conversion to Long-term Permit.--If the Secretary 
     concerned determines that a permittee under subsection (a) 
     has completed 2 years of satisfactory operation under a 
     permit or permits issued by the Secretary concerned, the 
     Secretary concerned may provide for the conversion of a 
     temporary special recreation permit issued under subsection 
     (a) to a long-term special recreation permit.
       (d) Effect.--Nothing in this subsection alters or affects 
     the authority of the Secretary to issue a special recreation 
     permit under subsection (h)(1) of section 803 of the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended 
     by this title).

     SEC. 5317. REVIEWS FOR LONG-TERM PERMITS.

       (a) Monitoring.--The Secretary concerned shall monitor each 
     recreation service provider issued a special recreation 
     permit for compliance with the terms of the permit--
       (1) not less than annually or as frequently as needed (as 
     determined by the Secretary concerned), in the case of a 
     temporary special recreation permit for outfitting and 
     guiding issued under section 5316; and
       (2) not less than once every 2 years or as frequently as 
     needed (as determined by the Secretary concerned), in the 
     case of a special recreation permit described in paragraph 
     (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6801) (as amended by this title) 
     that is issued for a term of not more than 10 years.
       (b) Use-of-allocation Reviews.--
       (1) In general.--If the Secretary of Agriculture or the 
     Secretary, as applicable, allocates visitor-use days among 
     special recreation permits for outfitting and guiding, the 
     Secretary of Agriculture shall, and the Secretary may, review 
     the use by the recreation service provider of the visitor-use 
     days allocated under a long-term special recreation permit 
     described in paragraph (13)(A)(i)(I) of section 802 of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as 
     amended by this title), once every 5 years.
       (2) Requirements of the review.--In conducting a review 
     under paragraph (1), the Secretary concerned shall 
     determine--
       (A) the number of visitor-use days that the recreation 
     service provider used each year under the special recreation 
     permit, in accordance with paragraph (3); and
       (B) the year in which the recreation service provider used 
     the most visitor-use days under the special recreation 
     permit.
       (3) Consideration of surrendered, unused visitor-use 
     days.--For the purposes of determining the number of visitor-
     use days a recreation service provider used in a specified 
     year under paragraph (2)(A), the Secretary of Agriculture, 
     acting through the Chief of the Forest Service, and the 
     Secretary, as applicable, shall consider an unused visitor-
     use day that has been surrendered under section 5313(c)(1)(B) 
     as--
       (A) \1/2\ of a visitor-use day used; or
       (B) 1 visitor-use day used, if the Secretary concerned 
     determines the use of the allocated visitor-use day had been 
     or will be prevented by a circumstance beyond the control of 
     the recreation service provider.

     SEC. 5318. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.

       (a) Adjustments Following Use of Allocation Reviews.--On 
     the completion of a use-of-allocation review conducted under 
     section 5317(b) for a special recreation permit described in 
     paragraph (13)(A)(i)(I) of section 802 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6801) (as amended by 
     this title), the Secretary concerned shall adjust the number 
     of visitor-use days allocated to a recreation service 
     provider under the special recreation permit as follows:
       (1) If the Secretary concerned determines that the 
     performance of the recreation service provider was 
     satisfactory during the most recent review conducted under 
     subsection (a) of section 5317, the annual number of visitor-
     use days allocated for each remaining year of the permit 
     shall be equal to 125 percent of the number of visitor-use 
     days used, as determined under subsection (b)(2)(A) of that 
     section, during the year identified under subsection 
     (b)(2)(B) of that section, not to exceed the level allocated 
     to the recreation service provider on the date on which the 
     special recreation permit was issued.
       (2) If the Secretary concerned determines the performance 
     of the recreation service provider is less than satisfactory 
     during the most recent performance review conducted under 
     subsection (a) of section 5317, the annual number of visitor-
     use days allocated for each remaining year of the special 
     recreation permit shall be equal to not more than 100 percent 
     of the number of visitor-use days used, as determined under 
     subsection (b)(2)(A) of that section during the year 
     identified under subsection (b)(2)(B) of that section.
       (b) Temporary Reassignment of Unused Visitor-use Days.--The 
     Secretary concerned may temporarily assign unused visitor-use 
     days, made available under section 5313(c)(1)(B), to--
       (1) any other existing or potential recreation service 
     provider, notwithstanding the number of visitor-use days 
     allocated to the special recreation permit holder under the 
     special recreation permit held or to be held by the 
     recreation service provider; or
       (2) any existing or potential holder of a special 
     recreation permit described in clause (ii), (iii), or (v) of 
     paragraph (13)(A) of section 802 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6801) (as amended by 
     this title), including the public.
       (c) Additional Capacity.--If unallocated visitor-use days 
     are available, the Secretary concerned may, at any time, 
     amend a special recreation permit to allocate additional 
     visitor-use days to a qualified recreation service provider.

     SEC. 5319. LIABILITY.

       (a) Insurance Requirements.--
       (1) In general.--Except as provided in paragraph (2), as a 
     condition of issuing a special recreation permit under 
     subsection (h)(1)(B) of section 803 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 
     this title) or a commercial use authorization, the Secretary 
     concerned may require the holder of the special recreation 
     permit or commercial use authorization to have a commercial 
     general liability insurance policy that--
       (A) is commensurate with the level of risk of the 
     activities to be conducted under the special recreation 
     permit or commercial use authorization; and
       (B) includes the United States as an additional insured in 
     an endorsement to the applicable policy.
       (2) Exception.--The Secretary concerned shall not require a 
     holder of a special recreation permit or commercial use 
     authorization to comply with the requirements of paragraph 
     (1), if that permit or authorization is for--
       (A) participation by an unguided member of the public in a 
     recreation activity in an area of Federal recreational lands 
     and waters in which use by the unguided public is allocated; 
     or
       (B) low-risk activities, as determined by the Secretary 
     concerned, including commemorative ceremonies.
       (b) Indemnification by Governmental Entities.--The 
     Secretary concerned shall not require a State, State agency, 
     State institution, or political subdivision of a State to 
     indemnify the United States for tort liability as a condition 
     for issuing a special recreation permit or commercial use 
     authorization to the extent the State, State agency, State 
     institution, or political subdivision of a State is precluded 
     by State law from providing indemnification to the United 
     States for tort liability, if the State, State agency, State 
     institution, or political subdivision of the State maintains 
     the minimum amount of liability insurance coverage required 
     by the Federal land management agency for the activities 
     conducted under the special recreation permit or commercial 
     use authorization in the form of--
       (1) a commercial general liability insurance policy, which 
     includes the United States as an additional insured in an 
     endorsement to the policy, if the State is authorized to 
     obtain commercial general liability insurance by State law;
       (2) self-insurance, which covers the United States as an 
     additional insured, if authorized by State law; or
       (3) a combination of the coverage described in paragraphs 
     (1) and (2).
       (c) Exculpatory Agreements.--
       (1) In general.--Except as provided in paragraph (2), a 
     Federal land management agency shall not implement, 
     administer, or enforce any regulation, guidance, or policy 
     prohibiting the use of an exculpatory agreement between a 
     recreation service provider or a holder of a commercial use 
     authorization and a customer relating to services provided 
     under a special recreation permit or a commercial use 
     authorization.
       (2) Requirements.--Any exculpatory agreement used by a 
     recreation service provider or holder of a commercial use 
     authorization for an activity authorized under a special 
     recreation permit or commercial use authorization--
       (A) shall shield the United States from any liability, if 
     otherwise allowable under Federal law; and
       (B) shall not waive any liability of the recreation service 
     provider or holder of the commercial use authorization that 
     may not be waived under the laws (including common law) of 
     the applicable State or for gross negligence, recklessness, 
     or willful misconduct.
       (3) Consistency.--Not later than 2 years after the date of 
     the enactment of this title, the Secretaries shall--
       (A) review the policies of the Secretaries pertaining to 
     the use of exculpatory agreements by recreation service 
     providers and holders of commercial use authorizations; and
       (B) revise any policy described in subparagraph (A) as 
     necessary to make the policies of the Secretaries pertaining 
     to the use of exculpatory agreements by recreation service 
     providers and holders of commercial use authorizations 
     consistent with this subsection and across all Federal 
     recreational lands and waters.
       (d) Effect.--Nothing in this section applies to a 
     concession contract issued by the National Park Service for 
     the provision of accommodations, facilities, or services.

     SEC. 5320. COST RECOVERY REFORM.

       (a) Cost Recovery for Special Recreation Permits.--In 
     addition to a fee collected under section 803 of the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6802) or any 
     other authorized fee collected by the Secretary concerned, 
     the Secretary concerned may assess and collect a reasonable 
     fee from an applicant for, or holder of, a special recreation 
     permit to recover administrative costs incurred by the 
     Secretary concerned for--

[[Page S5463]]

       (1) processing a proposal or application for the special 
     recreation permit;
       (2) issuing the special recreation permit; and
       (3) monitoring the special recreation permit to ensure 
     compliance with the terms and conditions of the special 
     recreation permit.
       (b) De Minimis Exemption From Cost Recovery.--If the 
     administrative costs described in subsection (a) are assessed 
     on an hourly basis, the Secretary concerned shall--
       (1) establish an hourly de minimis threshold that exempts a 
     specified number of hours from the assessment and collection 
     of administrative costs described in subsection (a); and
       (2) charge an applicant only for any hours that exceed the 
     de minimis threshold.
       (c) Multiple Applications.--If the Secretary concerned 
     collectively processes multiple applications for special 
     recreation permits for the same or similar services in the 
     same unit of Federal recreational lands and waters, the 
     Secretary concerned shall, to the extent practicable--
       (1) assess from the applicants the fee described in 
     subsection (a) on a prorated basis; and
       (2) apply the exemption described in subsection (b) to each 
     applicant on an individual basis.
       (d) Limitation.--The Secretary concerned shall not assess 
     or collect administrative costs under this section for a 
     programmatic environmental review.
       (e) Cost Reduction.--To the maximum extent practicable, the 
     agency processing an application for a special recreation 
     permit shall use existing studies and analysis to reduce the 
     quantity of work and costs necessary to process the 
     application.

     SEC. 5321. AVAILABILITY OF FEDERAL, STATE, AND LOCAL 
                   RECREATION PASSES.

       (a) In General.--The Federal Lands Recreation Enhancement 
     Act is amended by inserting after section 805 (16 U.S.C. 
     6804) the following:

     ``SEC. 805A. AVAILABILITY OF FEDERAL, STATE, AND LOCAL 
                   RECREATION PASSES.

       ``(a) Establishment of Program.--
       ``(1) In general.--To improve the availability of Federal, 
     State, and local outdoor recreation passes, the Secretaries 
     are encouraged to coordinate with States and counties 
     regarding the availability of Federal, State, and local 
     recreation passes to allow a purchaser to buy a Federal 
     recreation pass, State recreation pass, and local recreation 
     pass in a single transaction.
       ``(2) Included passes.--Passes covered by the program 
     established under paragraph (1) include--
       ``(A) an America the Beautiful--the National Parks and 
     Federal Recreational Lands Pass under section 805; and
       ``(B) any pass covering any fees charged by participating 
     States and counties for entrance and recreational use of 
     parks and public land in the participating States.
       ``(b) Agreements With States and Counties.--
       ``(1) In general.--The Secretaries, after consultation with 
     the States and counties, may enter into agreements with 
     States and counties to coordinate the availability of passes 
     as described in subsection (a).
       ``(2) Revenue from pass sales.--Agreements between the 
     Secretaries, States, and counties entered into pursuant to 
     this section shall ensure that--
       ``(A) funds from the sale of State or local passes are 
     transferred to the appropriate State agency or county 
     government;
       ``(B) funds from the sale of Federal passes are transferred 
     to the appropriate Federal agency; and
       ``(C) fund transfers are completed by the end of a fiscal 
     year for all pass sales occurring during the fiscal year.''.
       (b) Clerical Amendment.--The table of contents for the 
     Federal Lands Recreation Enhancement Act is amended by 
     inserting after the item relating to section 805 the 
     following:

``Sec. 805A. Availability of Federal, State, and local recreation 
              passes.''.

     SEC. 5322. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL 
                   VERSION OF AMERICA THE BEAUTIFUL--THE NATIONAL 
                   PARKS AND FEDERAL RECREATIONAL LANDS PASSES.

       (a) Online Purchases of America the Beautiful-The National 
     Parks and Federal Recreational Lands Pass.--Section 805(a)(6) 
     of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
     6804(a)(6)) is amended by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--The Secretaries shall sell or otherwise 
     make available the National Parks and Federal Recreational 
     Lands Pass--
       ``(i) at all Federal recreational lands and waters at 
     which--

       ``(I) an entrance fee or a standard amenity recreation fee 
     is charged; and
       ``(II) such sales or distribution of the Pass is feasible;

       ``(ii) at such other locations as the Secretaries consider 
     appropriate and feasible; and
       ``(iii) through a prominent link to a centralized pass sale 
     system on the website of each of the Federal land management 
     agencies and the websites of the relevant units and subunits 
     of those agencies, which shall include information about 
     where and when a National Parks and Federal Recreational 
     Lands Pass may be used.''.
       (b) Digital Version of the America the Beautiful--The 
     National Parks and Federal Recreation Lands Pass.--Section 
     805(a) of the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6804(a)) is amended by adding at the end the 
     following:
       ``(10) Digital recreation passes.--Not later than January 
     1, 2026, the Secretaries shall--
       ``(A) establish a digital version of the National Parks and 
     Federal Recreational Lands Pass that is able to be stored on 
     a mobile device, including with respect to free and 
     discounted passes; and
       ``(B) upon completion of a transaction for a National Parks 
     and Federal Recreational Lands Pass, make immediately 
     available to the passholder a digital version of the National 
     Parks and Federal Recreational Lands Pass established under 
     subparagraph (A).''.
       (c) Entrance Pass and Amenity Fees.--Section 803 of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as 
     amended by this title) is amended by adding at the end the 
     following:
       ``(j) Online Payments.--
       ``(1) In general.--In addition to providing onsite payment 
     methods, the Secretaries may collect payment online, where 
     feasible, for--
       ``(A) entrance fees under subsection (e);
       ``(B) standard amenity recreation fees under subsection 
     (f);
       ``(C) expanded amenity recreation fees under subsection 
     (g); and
       ``(D) special recreation permit fees.
       ``(2) Distribution of online payments.--An online payment 
     collected under paragraph (1) that is associated with a 
     specific unit or area of a Federal land management agency 
     shall be distributed in accordance with section 805(c).
       ``(3) Feasibility.--In determining feasibility of online 
     payment collection under paragraph (1), the Secretaries shall 
     consider--
       ``(A) the unique characteristics of the unit or area 
     applicable to such online payment collection;
       ``(B) the ability of the public to access an online payment 
     method, including availability of and access to broadband; 
     and
       ``(C) pursuant to the requirements of section 804, public 
     concerns regarding the feasibility of using an online payment 
     method to collect fees at such unit or area.''.

     SEC. 5323. SAVINGS PROVISION.

       Nothing in this subtitle, or in any amendment made by this 
     subtitle, shall be construed as affecting the authority or 
     responsibility of the Secretary of the Interior to award 
     concessions contracts for the provision of accommodations, 
     facilities, and services, or commercial use authorizations to 
     provide services, to visitors to United States Fish and 
     Wildlife Service refuges or units of the National Park System 
     pursuant to subchapter II of chapter 1019 of title 54, United 
     States Code (formerly known as the ``National Park Service 
     Concessions Management Improvement Act of 1998''), except 
     that sections 5314(a), 5315, 5319(a), 5319(b), and 5319(c) of 
     this subtitle shall also apply to commercial use 
     authorizations under that subchapter.

                Subtitle B--Making Recreation a Priority

     SEC. 5331. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.

       (a) Definition of Seasonal Closure.--In this section, the 
     term ``seasonal closure'' means any period during which--
       (1) a unit, or portion of a unit, of Federal recreational 
     lands and waters is closed to the public for a continuous 
     period of 30 days or more, excluding temporary closures 
     relating to wildlife conservation or public safety; and
       (2) permitted or allowable recreational activities, which 
     provide an economic benefit, including off-season or winter-
     season tourism, do not take place at the unit, or portion of 
     a unit, of Federal recreational lands and waters.
       (b) Coordination.--
       (1) In general.--The Secretaries shall consult and 
     coordinate with outdoor recreation-related businesses 
     operating on, or adjacent to, a unit of Federal recreational 
     lands and waters, State offices of outdoor recreation, local 
     destination marketing organizations, applicable trade 
     organizations, nonprofit organizations, Indian Tribes, local 
     governments, and institutions of higher education--
       (A) to better understand--
       (i) trends with respect to visitors to the unit of Federal 
     recreational lands and waters;
       (ii) the effect of seasonal closures on areas of, or 
     infrastructure on, units of Federal recreational lands and 
     waters on outdoor recreation opportunities, adjacent 
     businesses, and local tax revenue; and
       (iii) opportunities to extend the period of time during 
     which areas of, or infrastructure on, units of Federal 
     recreational lands and waters are open to the public to 
     increase outdoor recreation opportunities and associated 
     revenues for businesses and local governments; and
       (B) to solicit input from, and provide information for, 
     outdoor recreation marketing campaigns.
       (2) Local coordination.--As part of the consultation and 
     coordination required under subparagraph (1), the Secretaries 
     shall encourage relevant unit managers of Federal 
     recreational lands and waters managed by the Forest Service, 
     the Bureau of Land Management, and the National Park Service 
     to consult and coordinate with local governments, Indian 
     Tribes, outdoor recreation-related businesses, and other 
     local stakeholders operating on or adjacent to the relevant 
     unit of Federal recreational lands and waters.
       (c) Extensions Beyond Seasonal Closures.--

[[Page S5464]]

       (1) Extension of recreational season.--In the case of a 
     unit of Federal recreational lands and waters managed by the 
     Forest Service, the Bureau of Land Management, or the 
     National Park Service in which recreational use is highly 
     seasonal, the Secretary concerned, acting through the 
     relevant unit manager, may--
       (A) as appropriate, extend the recreation season or 
     increase recreation use in a sustainable manner during the 
     offseason; and
       (B) make information about extended season schedules and 
     related recreational opportunities available to the public 
     and local communities.
       (2) Determination.--In determining whether to extend the 
     recreation season under this subsection, the Secretary 
     concerned, acting through the relevant unit manager, shall 
     consider the benefits of extending the recreation season--
       (A) for the duration of income to gateway communities; and
       (B) to provide more opportunities to visit resources on 
     units of Federal recreational lands and waters to reduce 
     crowding during peak visitation.
       (3) Clarification.--Nothing in this subsection precludes 
     the Secretary concerned, acting through the relevant unit 
     manager, from providing for additional recreational 
     opportunities and uses at times other than those described in 
     this subsection.
       (4) Inclusions.--An extension of a recreation season or an 
     increase in recreation use during the offseason under 
     paragraph (1) may include--
       (A) the addition of facilities that would increase 
     recreation use during the offseason; and
       (B) improvement of access to the relevant unit to extend 
     the recreation season.
       (5) Requirement.--An extension of a recreation season or 
     increase in recreation use during the offseason under 
     paragraph (1) shall be done in compliance with all applicable 
     Federal laws, regulations, and policies, including land use 
     plans.
       (6) Agreements.--
       (A) In general.--The Secretary concerned may enter into 
     agreements with businesses, local governments, or other 
     entities to share the cost of additional expenses necessary 
     to extend the period of time during which an area of, or 
     infrastructure on, a unit of Federal recreational lands and 
     waters is made open to the public.
       (B) In-kind contributions.--The Secretary concerned may 
     accept in-kind contributions of goods and services provided 
     by businesses, local governments, or other entities for 
     purposes of paragraph (1).

     SEC. 5332. INFORMING THE PUBLIC OF ACCESS CLOSURES.

       (a) In General.--The Secretaries shall, to the extent 
     practicable and in a timely fashion, alert the public to any 
     closures or disruption to the public campsites, trails, 
     roads, and other public areas and access points under the 
     jurisdiction of the applicable Secretary.
       (b) Online Alert.--An alert under subsection (a) shall be 
     posted online on a public website of the appropriate land 
     unit in a manner that--
       (1) ensures that the public can easily find the alert in 
     searching for the applicable campsite, trail, road, or other 
     access point; and
       (2) consolidates all alerts under subsection (a).

                 Subtitle C--Maintenance of Public Land

     SEC. 5341. VOLUNTEERS IN THE NATIONAL FORESTS AND PUBLIC 
                   LANDS ACT.

       The Volunteers in the National Forests Act of 1972 (16 
     U.S.C. 558a et seq.) is amended to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Volunteers in the National 
     Forests and Public Lands Act'.

     ``SEC. 2. PURPOSE.

       ``The purpose of this Act is to leverage volunteer 
     engagement to supplement projects that are carried out by the 
     Secretaries to fulfill the missions of the Forest Service and 
     the Bureau of Land Management and are accomplished with 
     appropriated funds.

     ``SEC. 3. DEFINITION OF SECRETARIES.

       ``In this Act, the term `Secretaries' means each of--
       ``(1) the Secretary of Agriculture, acting through the 
     Chief of the Forest Service; and
       ``(2) the Secretary of the Interior, acting through the 
     Director of the Bureau of Land Management.

     ``SEC. 4. AUTHORIZATION.

       ``The Secretaries are authorized to recruit, train, and 
     accept without regard to the civil service and classification 
     laws, rules, or regulations the services of individuals 
     without compensation as volunteers for or in aid of 
     recreation access, trail construction or maintenance, 
     facility construction or maintenance, educational uses 
     (including outdoor classroom construction or maintenance), 
     interpretive functions, visitor services, conservation 
     measures and development, or other activities in and related 
     to areas administered by the Secretaries. In carrying out 
     this section, the Secretaries shall consider referrals of 
     prospective volunteers made by the Corporation for National 
     and Community Service.

     ``SEC. 5. INCIDENTAL EXPENSES.

       ``The Secretaries are authorized to provide for incidental 
     expenses, such as transportation, uniforms, lodging, 
     training, equipment, and subsistence.

     ``SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.

       ``(a) Except as otherwise provided in this section, a 
     volunteer shall not be deemed a Federal employee and shall 
     not be subject to the provisions of law relating to Federal 
     employment, including those relating to hours of work, rates 
     of compensation, leave, unemployment compensation, and 
     Federal employee benefits.
       ``(b) For the purpose of the tort claim provisions of title 
     28, United States Code, a volunteer under this Act shall be 
     considered a Federal employee.
       ``(c) For the purposes of subchapter I of chapter 81 of 
     title 5, United States Code, relating to compensation to 
     Federal employees for work injuries, volunteers under this 
     Act shall be deemed civil employees of the United States 
     within the meaning of the term `employee' as defined in 
     section 8101 of title 5, United States Code, and the 
     provisions of that subchapter shall apply.
       ``(d) For the purposes of claims relating to damage to, or 
     loss of, personal property of a volunteer incident to 
     volunteer service, a volunteer under this Act shall be 
     considered a Federal employee, and the provisions of section 
     3721 of title 31, United States Code, shall apply.
       ``(e) For the purposes of subsections (b), (c), and (d), 
     the term `volunteer' includes a person providing volunteer 
     services to either of the Secretaries who--
       ``(1) is recruited, trained, and supported by a cooperator 
     under a mutual benefit agreement or cooperative agreement 
     with either of the Secretaries; and
       ``(2) performs such volunteer services under the 
     supervision of the cooperator as directed by either of the 
     Secretaries in the mutual benefit agreement or cooperative 
     agreement in the mutual benefit agreement, including 
     direction that specifies--
       ``(A) the volunteer services, including the geographic 
     boundaries of the work to be performed by the volunteers, and 
     the supervision to be provided by the cooperator;
       ``(B) the applicable project safety standards and protocols 
     to be adhered to by the volunteers and enforced by the 
     cooperator;
       ``(C) the on-site visits to be made by either of the 
     Secretaries, if feasible and only if necessary to verify that 
     volunteers are performing the volunteer services and the 
     cooperator is providing the supervision agreed upon;
       ``(D) the equipment the volunteers are authorized to use;
       ``(E) the training the volunteers are required to complete;
       ``(F) the actions the volunteers are authorized to take; 
     and
       ``(G) any other terms and conditions that are determined to 
     be necessary by the applicable Secretary.

     ``SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.

       ``The Secretaries shall promote volunteer opportunities in 
     areas administered by the Secretaries.

     ``SEC. 8. LIABILITY INSURANCE.

       ``The Secretaries shall not require a cooperator or 
     volunteer (as those terms are used in section 6) to have 
     liability insurance to provide the volunteer services 
     authorized under this Act.''.

     SEC. 5342. REFERENCE.

       Any reference to the Volunteers in the National Forests Act 
     of 1972 in any law, regulation, map, document, record, or 
     other paper of the United States shall be deemed to be a 
     reference to the Volunteers in the National Forests and 
     Public Land Act.

                  Subtitle D--Recreation Not Red Tape

     SEC. 5351. GOOD NEIGHBOR AUTHORITY FOR RECREATION.

       (a) Definitions.--In this section:
       (1) Authorized recreation services.--The term ``authorized 
     recreation services'' means similar and complementary 
     recreation enhancement or improvement services carried out--
       (A) on Federal land, non-Federal land, or land owned by an 
     Indian Tribe; and
       (B) by either the Secretary or a Governor, Indian Tribe, or 
     county, as applicable, pursuant to a good neighbor agreement.
       (2) County.--The term ``county'' means--
       (A) the appropriate executive official of an affected 
     county; or
       (B) in any case in which multiple counties are affected, 
     the appropriate executive official of a compact of the 
     affected counties.
       (3) Federal land.--The term ``Federal land'' means land 
     that is--
       (A) owned and administered by the United States as a part 
     of--
       (i) the National Forest System; or
       (ii) the National Park System; or
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
       (4) Recreation enhancement or improvement services.--The 
     term ``recreation enhancement or improvement services'' 
     means--
       (A) establishing, repairing, restoring, improving, 
     relocating, constructing, or reconstructing new or existing--
       (i) trails or trailheads;
       (ii) campgrounds and camping areas;
       (iii) cabins;
       (iv) picnic areas or other day use areas;
       (v) shooting ranges;
       (vi) restroom or shower facilities;
       (vii) paved or permanent roads or parking areas that serve 
     existing recreation facilities or areas;
       (viii) fishing piers, wildlife viewing platforms, docks, or 
     other constructed features at a recreation site;
       (ix) boat landings;

[[Page S5465]]

       (x) hunting or fishing sites;
       (xi) infrastructure within ski areas; or
       (xii) visitor centers or other interpretative sites; and
       (B) activities that create, improve, or restore access to 
     existing recreation facilities or areas.
       (5) Good neighbor agreement.--The term ``good neighbor 
     agreement'' means a cooperative agreement or contract 
     (including a sole source contract) entered into between the 
     Secretary and a Governor, Indian Tribe, or county, as 
     applicable, to carry out authorized recreation services under 
     this title.
       (6) Governor.--The term ``Governor'' means the Governor or 
     any other appropriate executive official of an affected State 
     or the Commonwealth of Puerto Rico.
       (7) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; and
       (B) the Secretary of the Interior, with respect to National 
     Park System land and public lands.
       (b) Good Neighbor Agreements for Recreation.--
       (1) In general.--The Secretary concerned may enter into a 
     good neighbor agreement with a Governor, Indian Tribe, or 
     county to carry out authorized recreation services in 
     accordance with this title.
       (2) Public availability.--The Secretary concerned shall 
     make each good neighbor agreement available to the public.
       (3) Financial and technical assistance.--The Secretary 
     concerned may provide financial or technical assistance to a 
     Governor, Indian Tribe, or county carrying out authorized 
     recreation services.
       (4) Retention of nepa responsibilities.--Any decision 
     required to be made under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
     authorized recreation services to be provided under this 
     section on Federal land shall not be delegated to a Governor, 
     Indian Tribe, or county.
       (5) Termination.--The authority provided under this section 
     terminates effective September 30, 2031.

     SEC. 5352. PERMIT RELIEF FOR PICNIC AREAS.

       (a) In General.--If the Secretary concerned does not 
     require the public to obtain a permit or reservation to 
     access a picnic area on Federal recreational lands and waters 
     administered by the Forest Service or the Bureau of Land 
     Management, the Secretary concerned shall not require a 
     covered person to obtain a permit solely to access the picnic 
     area.
       (b) Covered Person Defined.--In this section, the term 
     ``covered person'' means a person (including an educational 
     group) that provides outfitting and guiding services to fewer 
     than 40 customers per year at a picnic area described in 
     subsection (a).

     SEC. 5353. INTERAGENCY REPORT ON SPECIAL RECREATION PERMITS 
                   FOR UNDERSERVED COMMUNITIES.

       (a) Covered Community Defined.--In this section, the term 
     ``covered community'' means a rural or urban community, 
     including an Indian Tribe, that is--
       (1) low-income or underserved; and
       (2) has been underrepresented in outdoor recreation 
     opportunities on Federal recreational lands and waters.
       (b) Report.--Not later than 3 years after the date of the 
     enactment of this title, the Secretaries, acting jointly, 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Natural Resources of the 
     House of Representatives a report that describes--
       (1) the estimated use of special recreation permits serving 
     covered communities;
       (2) examples of special recreation permits, partnerships, 
     cooperative agreements, or other arrangements providing 
     access to Federal recreational lands and waters for covered 
     communities;
       (3) other ways covered communities are engaging on Federal 
     recreational lands and waters, including through stewardship 
     and conservation projects or activities;
       (4) any barriers for existing or prospective recreation 
     service providers and holders of commercial use 
     authorizations operating within or serving a covered 
     community; and
       (5) any recommendations to facilitate and increase 
     permitted access to Federal recreational lands and waters for 
     covered communities.

     SEC. 5354. MODERNIZING ACCESS TO OUR PUBLIC LAND ACT 
                   AMENDMENTS.

       The Modernizing Access to Our Public Land Act (16 U.S.C. 
     6851 et seq.) is amended--
       (1) in section 3(1) (16 U.S.C. 6852(1)), by striking 
     ``public outdoor recreational use'' and inserting 
     ``recreation sites'';
       (2) in section 5(a)(4) (16 U.S.C. 6854(a)(4)), by striking 
     ``permanently restricted or prohibited'' and inserting 
     ``regulated or closed''; and
       (3) in section 6(b) (16 U.S.C. 6855(b))--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``the Secretary of the Interior'' and 
     inserting ``the Secretaries''.

     SEC. 5355. SAVINGS PROVISION.

       No additional Federal funds are authorized to carry out the 
     requirements of this division and the activities authorized 
     by this division are subject to the availability of 
     appropriations made in advance for such purposes.
                                 ______
                                 
  SA 3136. Mr. SCHMITT submitted an amendment intended to be proposed 
by him 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; 
which was ordered to lie on the table; as follows:

       On page 46, line 19, insert ``(but no diversity, equity, 
     and inclusion officers, personnel, or staff of covered 
     platforms)'' after ``platforms''.

                                 ______
                                 
  SA 3137. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X add the following:

                         Subtitle I--TICKET Act

     SEC. 1096. DEFINITIONS.

       In this subtitle:
       (1) Commission; event ticket; ticket issuer.--The terms 
     ``Commission'', ``event ticket'', and ``ticket issuer'' have 
     the same meanings as in the Better Online Ticket Sales Act of 
     2016 (Public Law 114-274).
       (2) Base event ticket price.--The term ``base event ticket 
     price'' means, with respect to an event ticket, the price of 
     the event ticket excluding the cost of any event ticket fees.
       (3) Event.--The term ``event'' means any live concert, 
     theatrical performance, sporting event, show, or similarly 
     scheduled live activity, taking place in a venue with a 
     seating or attendance capacity exceeding 200 persons that 
     is--
       (A) open to the general public; and
       (B) promoted, advertised, or marketed in interstate 
     commerce, or for which event tickets are generally sold or 
     distributed in interstate commerce.
       (4) Total event ticket price.--The term ``total event 
     ticket price'' means, with respect to an event ticket, the 
     total cost of the event ticket, including the base event 
     ticket price and any event ticket fees.
       (5) Event ticket fee.--The term ``event ticket fee'' means 
     a charge that must be paid in addition to the base event 
     ticket price in order to obtain an event ticket from a ticket 
     issuer or secondary market ticket issuer, including service 
     fees, charge and order processing fees, delivery fees, 
     facility charge fees, taxes, and other charges, and does not 
     include any charge or fee for an optional product or service 
     associated with the event that may be selected by a purchaser 
     of an event ticket.
       (6) 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 take 
     possession of an event ticket.
       (7) Secondary market ticket issuer.--The term ``secondary 
     market ticket issuer'' means any entity for which it is in 
     the regular course of the trade or business of the entity to 
     resell or make a secondary sale of an event ticket to the 
     general public.
       (8) Resale; secondary sale.--The terms ``resale'' and 
     ``secondary sale'' mean any sale of an event ticket that 
     occurs after the initial sale of the event ticket by a ticket 
     issuer.

     SEC. 1097. ALL-INCLUSIVE TICKET PRICE DISCLOSURE.

       Beginning 120 days after the date of enactment of this 
     subtitle, it shall be unlawful for a ticket issuer or 
     secondary market ticket issuer to offer for sale an event 
     ticket unless the ticket issuer or secondary market ticket 
     issuer--
       (1) clearly and conspicuously displays the total event 
     ticket price, if a price is displayed, in any advertisement, 
     marketing, or price list wherever the ticket is offered for 
     sale;
       (2) clearly and conspicuously discloses to any individual 
     who seeks to purchase an event ticket the total event ticket 
     price at the time the ticket is first displayed to the 
     individual and anytime thereafter throughout the ticket 
     purchasing process; and
       (3) provides an itemized list of the base event ticket 
     price and each event ticket fee.

     SEC. 1098. ENFORCEMENT.

       (a) Unfair or Deceptive Act or Practice.--A violation of 
     section 1097 shall be treated as a violation of a rule 
     defining an unfair or deceptive act or practice under section 
     18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 
     57a(a)(1)(B)).
       (b) Powers of the Commission.--
       (1) In general.--The Commission shall enforce section 1097 
     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.
       (2) Privileges and immunities.--Any person who violates 
     section 1097 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.

[[Page S5466]]

  

                                 ______
                                 
  SA 3138. Mr. SCHUMER (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. __. ADVANCED COMPUTING INFRASTRUCTURE TO ENABLE ADVANCED 
                   ARTIFICIAL INTELLIGENCE CAPABILITIES.

       (a) In General.--The Secretary of Defense shall establish 
     an advanced computing infrastructure program within the 
     Department of Defense.
       (b) Development and Expansion of High-performance Computing 
     Infrastructure.--
       (1) In general.--In carrying out subsection (a), the 
     Secretary shall expand upon the current infrastructure of the 
     Department for development and deployment of military 
     applications of high-performance computing and artificial 
     intelligence that are located on-premises at Department 
     installations or accessible via commercial classified cloud 
     providers.
       (2) Artificial intelligence applications.--(A) The 
     Secretary shall ensure that some of the infrastructure 
     capacity developed pursuant to paragraph (1) is dedicated to 
     providing access to modern artificial intelligence 
     accelerators, configured consistently with industry best 
     practices, for training, fine-tuning, modifying, and 
     deploying large artificial intelligence systems.
       (B) In carrying out subparagraph (A), the Secretary shall 
     ensure, to the extent practical, that new artificial 
     intelligence system development is not performed using 
     infrastructure capacity described in such subparagraph that 
     is duplicative of readily available commercial or open source 
     solutions.
       (c) High-performance Computing Roadmap.--
       (1) In general.--The Secretary shall develop a high-
     performance computing roadmap that describes the computing 
     infrastructure needed to research, test, develop, and 
     evaluate advanced artificial intelligence applications 
     projected over the period covered by the future-years defense 
     program.
       (2) Assessment.--The roadmap developed pursuant to 
     paragraph (1) shall assess anticipated artificial 
     intelligence applications, including the computing needs 
     associated with their development, and the evaluation, 
     milestones, and resourcing needs to maintain and expand the 
     computing infrastructure necessary for those computing needs.
       (d) Artificial Intelligence System Development.--
       (1) In general.--Using the infrastructure from the program 
     established under subsection (a), the Secretary shall develop 
     artificial intelligence systems that have general-purpose 
     military applications for language, image, audio, video, and 
     other data modalities.
       (2) Training of systems.--The Secretary shall ensure that 
     systems developed pursuant to paragraph (1) are trained using 
     datasets curated by the Department using general, openly or 
     commercially available sources of such data, or data owned by 
     the Department, depending on the appropriate use case. Such 
     systems may use openly or commercially available artificial 
     intelligence systems, including those available via 
     classified cloud providers, as a base for additional 
     development such as fine-tuning.
       (e) Coordination and Duplication.--In establishing the 
     program required by subsection (a), the Secretary shall 
     consult with the Secretary of Energy to ensure no duplication 
     of activities carried out under this section with the 
     activities of research entities of the Department of Energy, 
     including the following:
       (1) The National Laboratories.
       (2) The Advanced Scientific Computing Research program.
       (3) The Advanced Simulation and Computing program.
                                 ______
                                 
  SA 3139. Mr. SCHUMER (for himself, Mr. Rounds, and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. PHYSICAL AND CYBERSECURITY REQUIREMENTS FOR HIGHLY 
                   CAPABLE ARTIFICIAL INTELLIGENCE SYSTEMS.

       (a) Definitions.--In this section:
       (1) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given such term in section 
     5002 of the National Artificial Intelligence Initiative Act 
     of 2020 (15 U.S.C. 9401).
       (2) Covered artificial intelligence technology.--The term 
     ``covered artificial intelligence technology'' means a 
     technology specified in the guidance developed under 
     subsection (c)(3), including all components of that 
     technology, such as source code and numerical parameters of a 
     trained artificial intelligence system.
       (3) Covered entity.--The term ``covered entity'' means a 
     person (as defined in section 1742 of the Export Control 
     Reform Act of 2018 (50 U.S.C. 4801)) who engages in the 
     development, deployment, storage, or transportation of a 
     covered artificial intelligence technology.
       (b) Findings.--Congress makes the following findings:
       (1) Source code, numerical parameters, and related 
     technology associated with highly capable artificial 
     intelligence systems in the possession of private artificial 
     intelligence companies are an invaluable national resource 
     that would pose a grave threat to United States national 
     security if stolen by a foreign adversary through a cyber 
     operation or insider threat.
       (2) Numerous foreign adversaries have the capacity to 
     engage in cyber operations to extract important data from 
     private companies, absent the most stringent cybersecurity 
     protections.
       (c) Security Framework.--
       (1) In general.--The Secretary of Commerce and the 
     Secretary of Homeland Security shall jointly, in coordination 
     with the Director of National Intelligence, develop a 
     consensus-based framework describing best practices for 
     artificial intelligence cybersecurity, physical security, and 
     insider threat mitigation to address or mitigate risks 
     relating to national security, foreign policy, economic 
     stability, or public safety implications, including to 
     protect vital national resources from theft that would do 
     grave damage to the United States.
       (2) Risk-based framework.--The framework developed under 
     paragraph (1) shall be risk-based, with stronger security 
     corresponding proportionally to the national security, 
     foreign policy, economic stability, or public safety risks 
     posed by the artificial intelligence technology being stolen 
     or made publicly available.
       (3) Covered artificial intelligence technologies.--
       (A) Guidance.--The framework developed under paragraph (1) 
     shall provide clear guidance about which artificial 
     intelligence technologies are covered under the framework. 
     Such technologies shall be those that, if obtained by a 
     foreign adversary, would pose a grave threat to the national 
     security of the United States.
       (B) Objective evaluation procedures.--Where feasible, the 
     guidance provided under subparagraph (A) shall be specified 
     in terms of objective evaluation procedures that measure or 
     estimate the national security implications of the artificial 
     intelligence technology, either before, during, or after it 
     has been developed.
       (4) Minimum stringency.--The framework developed under 
     paragraph (1) shall be no less stringent than ISO/IEC 27001, 
     as in effect on the day before the date of the enactment of 
     this Act.
       (5) Form.--At the discretion of the Secretary, the 
     framework developed under paragraph (1) may be implemented in 
     the form of technical standards.
       (d) Security Requirements.--
       (1) In general.--The Secretary of Commerce and the 
     Secretary of Homeland Security may issue rules to require 
     covered entities to implement the best practices described in 
     the framework developed under subsection (c).
       (2) Risk-based rules.--Requirements implemented in rules 
     developed under paragraph (1) shall be as narrowly tailored 
     as practicable to the specific covered artificial 
     intelligence technologies developed, deployed, stored, or 
     transported by a covered entity, and shall be calibrated 
     accordingly to the different tasks involved in development, 
     deployment, storage, or transportation of components of those 
     covered artificial intelligence technologies.
                                 ______
                                 
  SA 3140. Ms. SINEMA (for herself and Mr. Lankford) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

       DIVISION E--COMBATING CARTELS ON SOCIAL MEDIA ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Combating Cartels on 
     Social Media Act of 2024''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on the Judiciary, and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Homeland Security, the Committee on 
     the Judiciary, and the Committee on Foreign Affairs of the 
     House of Representatives.

[[Page S5467]]

       (2) Covered operator.--The term ``covered operator'' means 
     the operator, developer, or publisher of a covered service.
       (3) Covered service.--The term ``covered service'' means--
       (A) a social media platform;
       (B) a mobile or desktop service with direct or group 
     messaging capabilities, but not including text messaging 
     services without other substantial social functionalities or 
     electronic mail services, that the Secretary of Homeland 
     Security determines is being or has been used by 
     transnational criminal organizations in connection with 
     matters described in section 5003; and
       (C) a digital platform, or an electronic application 
     utilizing the digital platform, involving real-time 
     interactive communication between multiple individuals, 
     including multi-player gaming services and immersive 
     technology platforms or applications, that the Secretary of 
     Homeland Security determines is being or has been used by 
     transnational criminal organizations in connection with 
     matters described in section 5003.
       (4) Criminal enterprise.--The term ``criminal enterprise'' 
     has the meaning given the term ``continuing criminal 
     enterprise'' in section 408 of the Controlled Substances Act 
     (21 U.S.C. 848).
       (5) Illicit activities.--The term ``illicit activities'' 
     means the following criminal activities that transcend 
     national borders:
       (A) A violation of section 401 of the Controlled Substances 
     Act (21 U.S.C. 841).
       (B) Narcotics trafficking, as defined in section 808 of the 
     Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
       (C) Trafficking of weapons, as defined in section 922 of 
     title 18, United States Code.
       (D) Migrant smuggling, defined as a violation of section 
     274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)(1)(A)(ii)).
       (E) Human trafficking, defined as--
       (i) a violation of section 1590, 1591, or 1592 of title 18, 
     United States Code; or
       (ii) engaging in severe forms of trafficking in persons, as 
     defined in section 103 of the Victims of Trafficking and 
     Violence Protection Act of 2000 (22 U.S.C. 7102).
       (F) Cyber crime, defined as a violation of section 1030 of 
     title 18, United States Code.
       (G) A violation of any provision that is subject to 
     intellectual property enforcement, as defined in section 302 
     of the Prioritizing Resources and Organization for 
     Intellectual Property Act of 2008 (15 U.S.C. 8112).
       (H) Bulk cash smuggling of currency, defined as a violation 
     of section 5332 of title 31, United States Code.
       (I) Laundering the proceeds of the criminal activities 
     described in subparagraphs (A) through (H).
       (6) Transnational criminal organization.--The term 
     ``transnational criminal organization'' means a group or 
     network, and associated individuals, that operate 
     transnationally for the purposes of obtaining power, 
     influence, or monetary or commercial gain, wholly or in part 
     by certain illegal means, while advancing their activities 
     through a pattern of crime, corruption, or violence, and 
     while protecting their illegal activities through a 
     transnational organizational structure and the exploitation 
     of public corruption or transnational logistics, financial, 
     or communication mechanisms.

     SEC. 5003. ASSESSMENT OF ILLICIT USAGE.

       Not later than July 1, 2025, the Secretary of Homeland 
     Security, the Attorney General, and the Secretary of State 
     shall submit to the appropriate congressional committees a 
     joint assessment describing--
       (1) the use of covered services by transnational criminal 
     organizations, or criminal enterprises acting on behalf of 
     transnational criminal organizations, to engage in 
     recruitment efforts, including the recruitment of 
     individuals, including individuals under 18 years of age, 
     located in the United States to engage in or provide support 
     with respect to illicit activities occurring in the United 
     States, Mexico, or otherwise in proximity to an international 
     boundary of the United States;
       (2) the use of covered services by transnational criminal 
     organizations to engage in illicit activities or conduct in 
     support of illicit activities, including--
       (A) smuggling or trafficking involving narcotics, other 
     controlled substances, precursors thereof, or other items 
     prohibited under the laws of the United States, Mexico, or 
     another relevant jurisdiction, including firearms;
       (B) human smuggling or trafficking, including the 
     exploitation of children; and
       (C) transportation of bulk currency or monetary instruments 
     in furtherance of smuggling activity; and
       (3) the existing efforts of the Secretary of Homeland 
     Security, the Attorney General, the Secretary of State, and 
     relevant government and law enforcement entities to counter, 
     monitor, or otherwise respond to the usage of covered 
     services described in paragraphs (1) and (2).

     SEC. 5004. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL 
                   MEDIA AND ONLINE PLATFORMS.

       (a) In General.--Not later than January 1, 2026, the 
     Secretary of Homeland Security, the Attorney General, and the 
     Secretary of State shall submit to the appropriate 
     congressional committees a joint strategy, to be known as the 
     National Strategy to Combat Illicit Recruitment Activity by 
     Transnational Criminal Organizations on Social Media and 
     Online Platforms, to combat the use of covered services by 
     transnational criminal organizations, or criminal enterprises 
     acting on behalf of transnational criminal organizations, to 
     recruit individuals located in the United States to engage in 
     or provide support with respect to illicit activities 
     occurring in the United States, Mexico, or otherwise in 
     proximity to an international boundary of the United States.
       (b) Elements.--
       (1) In general.--The strategy required under subsection (a) 
     shall, at a minimum, include the following:
       (A) A proposal to improve cooperation and thereafter 
     maintain cooperation between the Secretary of Homeland 
     Security, the Attorney General, the Secretary of State, and 
     relevant law enforcement entities with respect to the matters 
     described in subsection (a).
       (B) Recommendations to implement a process for the 
     voluntary reporting of information regarding the recruitment 
     efforts of transnational criminal organizations in the United 
     States involving covered services.
       (C) A proposal to improve intragovernmental coordination 
     with respect to the matters described in subsection (a), 
     including between the Department of Homeland Security, the 
     Department of Justice, the Department of State, and State, 
     Tribal, and local governments.
       (D) A proposal to improve coordination within the 
     Department of Homeland Security, the Department of Justice, 
     and the Department of State and between the components of 
     those Departments with respect to the matters described in 
     subsection (a).
       (E) Activities to facilitate increased intelligence 
     analysis for law enforcement purposes of efforts of 
     transnational criminal organizations to utilize covered 
     services for recruitment to engage in or provide support with 
     respect to illicit activities.
       (F) Activities to foster international partnerships and 
     enhance collaboration with foreign governments and, as 
     applicable, multilateral institutions with respect to the 
     matters described in subsection (a).
       (G) Activities to specifically increase engagement and 
     outreach with youth in border communities, including 
     regarding the recruitment tactics of transnational criminal 
     organizations and the consequences of participation in 
     illicit activities.
       (H) A detailed description of the measures used to ensure--
       (i) law enforcement and intelligence activities focus on 
     the recruitment activities of transitional criminal 
     organizations not individuals the transnational criminal 
     organizations attempt to or successfully recruit; and
       (ii) the protection of privacy rights, civil rights, and 
     civil liberties in carrying out the activities described in 
     clause (i), with a particular focus on the protections in 
     place to protect minors and constitutionally protected 
     activities.
       (2) Limitation.--The strategy required under subsection (a) 
     shall not include legislative recommendations or elements 
     predicated on the passage of legislation that is not enacted 
     as of the date on which the strategy is submitted under 
     subsection (a).
       (c) Consultation.--In drafting and implementing the 
     strategy required under subsection (a), the Secretary of 
     Homeland Security, the Attorney General, and the Secretary of 
     State shall, at a minimum, consult and engage with--
       (1) the heads of relevant components of the Department of 
     Homeland Security, including--
       (A) the Under Secretary for Intelligence and Analysis;
       (B) the Under Secretary for Strategy, Policy, and Plans;
       (C) the Under Secretary for Science and Technology;
       (D) the Commissioner of U.S. Customs and Border Protection;
       (E) the Director of U.S. Immigration and Customs 
     Enforcement;
       (F) the Officer for Civil Rights and Civil Liberties;
       (G) the Privacy Officer; and
       (H) the Assistant Secretary of the Office for State and 
     Local Law Enforcement;
       (2) the heads of relevant components of the Department of 
     Justice, including--
       (A) the Assistant Attorney General for the Criminal 
     Division;
       (B) the Assistant Attorney General for National Security;
       (C) the Assistant Attorney General for the Civil Rights 
     Division;
       (D) the Chief Privacy and Civil Liberties Officer;
       (E) the Director of the Organized Crime Drug Enforcement 
     Task Forces;
       (F) the Director of the Federal Bureau of Investigation; 
     and
       (G) the Director of the Bureau of Alcohol, Tobacco, 
     Firearms, and Explosives;
       (3) the heads of relevant components of the Department of 
     State, including--
       (A) the Assistant Secretary for International Narcotics and 
     Law Enforcement Affairs;
       (B) the Assistant Secretary for Western Hemisphere Affairs; 
     and
       (C) the Coordinator of the Global Engagement Center;
       (4) the Secretary of Health and Human Services;
       (5) the Secretary of Education; and
       (6) as selected by the Secretary of Homeland Security, or 
     his or her designee in the Office of Public Engagement, 
     representatives of border communities, including 
     representatives of--

[[Page S5468]]

       (A) State, Tribal, and local governments, including school 
     districts and local law enforcement; and
       (B) nongovernmental experts in the fields of--
       (i) civil rights and civil liberties;
       (ii) online privacy;
       (iii) humanitarian assistance for migrants; and
       (iv) youth outreach and rehabilitation.
       (d) Implementation.--
       (1) In general.--Not later than 90 days after the date on 
     which the strategy required under subsection (a) is submitted 
     to the appropriate congressional committees, the Secretary of 
     Homeland Security, the Attorney General, and the Secretary of 
     State shall commence implementation of the strategy.
       (2) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the strategy required under subsection (a) is 
     implemented under paragraph (1), and semiannually thereafter 
     for 5 years, the Secretary of Homeland Security, the Attorney 
     General, and the Secretary of State shall submit to the 
     appropriate congressional committees a joint report 
     describing the efforts of the Secretary of Homeland Security, 
     the Attorney General, and the Secretary of State to implement 
     the strategy required under subsection (a) and the progress 
     of those efforts, which shall include a description of--
       (i) the recommendations, and corresponding implementation 
     of those recommendations, with respect to the matters 
     described in subsection (b)(1)(B);
       (ii) the interagency posture with respect to the matters 
     covered by the strategy required under subsection (a), which 
     shall include a description of collaboration between the 
     Secretary of Homeland Security, the Attorney General, the 
     Secretary of State, other Federal entities, State, local, and 
     Tribal entities, and foreign governments; and
       (iii) the threat landscape, including new developments 
     related to the United States recruitment efforts of 
     transnational criminal organizations and the use by those 
     organizations of new or emergent covered services and 
     recruitment methods.
       (B) Form.--Each report required under subparagraph (A) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.
       (3) Civil rights, civil liberties, and privacy 
     assessment.--Not later than 2 years after the date on which 
     the strategy required under subsection (a) is implemented 
     under paragraph (1), the Office for Civil Rights and Civil 
     Liberties and the Privacy Office of the Department of 
     Homeland Security shall submit to the appropriate 
     congressional committees a joint report that includes--
       (A) a detailed assessment of the measures used to ensure 
     the protection of civil rights, civil liberties, and privacy 
     rights in carrying out this section; and
       (B) recommendations to improve the implementation of the 
     strategy required under subsection (a).
       (4) Rulemaking.--Prior to implementation of the strategy 
     required under subsection (a) at the Department of Homeland 
     Security, the Secretary of Homeland Security shall issue 
     rules to carry out this section in accordance with section 
     553 of title 5, United States Code.

     SEC. 5005. RULE OF CONSTRUCTION.

       Nothing in this division shall be construed to expand the 
     statutory law enforcement or regulatory authority of the 
     Department of Homeland Security, the Department of Justice, 
     or the Department of State.

     SEC. 5006. NO ADDITIONAL FUNDS.

       No additional funds are authorized to be appropriated for 
     the purpose of carrying out this division.
                                 ______
                                 
  SA 3141. Mr. JOHNSON submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. COUNTERING EMERGING AERIAL THREATS TO DIPLOMATIC 
                   SECURITY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.) is amended by adding at the 
     end the following:

     ``SEC. 65. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM 
                   UNMANNED AIRCRAFT.

       ``(a) Definitions.--In this section:
       ``(1) The term `appropriate committees of Congress' means--
       ``(A) the Committee on Foreign Relations, the Committee on 
     the Judiciary, the Committee on Commerce, Science, and 
     Transportation, and the Select Committee on Intelligence of 
     the Senate; and
       ``(B) the Committee on Foreign Affairs, the Committee on 
     the Judiciary, the Committee on Transportation and 
     Infrastructure, the Committee on Energy and Commerce, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       ``(2) The term `budget', with respect to a fiscal year, 
     means the budget for that fiscal year that is submitted to 
     Congress by the President under section 1105(a) of title 31, 
     United States Code.
       ``(3) The term `covered facility or asset' means any 
     facility or asset that--
       ``(A) is identified as high-risk and a potential target for 
     unlawful unmanned aircraft activity by the Secretary of 
     State, in coordination with the Secretary of Transportation 
     with respect to potentially impacted airspace, through a 
     risk-based assessment;
       ``(B) is located in the United States; and
       ``(C) directly relates to the security or protection 
     operations of the Department of State, including operations 
     pursuant to--
       ``(i) section 37; or
       ``(ii) the Omnibus Diplomatic Security and Antiterrorism 
     Act of 1986 (22 U.S.C. 4801 et seq.).
       ``(4) The terms `electronic communication', `intercept', 
     `oral communication', and `wire communication' have the 
     meanings given those terms in section 2510 of title 18, 
     United States Code.
       ``(5)(A) The term `personnel' means--
       ``(i) an officer, employee, or contractor of the Department 
     of State, who is authorized to perform duties that include 
     safety, security, or protection of people, facilities, or 
     assets; or
       ``(ii) an employee who is trained and certified to perform 
     those duties, including training specific to countering 
     unmanned aircraft threats and mitigating risks in the 
     national airspace.
       ``(B) To qualify for use of the authorities described in 
     subsection (b), a contractor conducting operations described 
     in that subsection must--
       ``(i) be directly contracted by the Department of State;
       ``(ii) provide, in the contract, insurance coverage 
     sufficient to compensate tort victims;
       ``(iii) operate at a government-owned or government-leased 
     facility or asset;
       ``(iv) not conduct inherently governmental functions;
       ``(v) be trained to safeguard privacy and civil liberties; 
     and
       ``(vi) be trained and certified, including use-of-force 
     training and certification, by the Department of State to 
     meet the established standards and regulations of the 
     Department of State.
       ``(6) The term `risk-based assessment' means an evaluation 
     of threat information specific to a covered facility or asset 
     and, with respect to potential impacts on the safety and 
     efficiency of the national airspace system and the needs of 
     law enforcement and national security at each covered 
     facility or asset identified by the Secretary of State, of 
     each of the following factors:
       ``(A) Potential impacts to safety, efficiency, and use of 
     the national airspace system, including potential effects on 
     manned aircraft and unmanned aircraft systems or unmanned 
     aircraft, aviation safety, airport operations, 
     infrastructure, and air navigation services relating to the 
     use of any system or technology for carrying out the actions 
     described in subsection (c).
       ``(B) Options for mitigating any identified impacts to the 
     national airspace system relating to the use of any system or 
     technology, including minimizing, when possible, the use of 
     any technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (c).
       ``(C) Potential consequences of the impacts of any actions 
     taken under subsection (c) to the national airspace system 
     and infrastructure if not mitigated.
       ``(D) The ability to provide reasonable advance notice to 
     aircraft operators consistent with the safety of the national 
     airspace system and the needs of law enforcement and national 
     security.
       ``(E) The setting and character of any covered facility or 
     asset, including--
       ``(i) whether the covered facility or asset is located in a 
     populated area or near other structures;
       ``(ii) whether the covered facility or asset is open to the 
     public;
       ``(iii) whether the covered facility or asset is used for 
     nongovernmental functions; and
       ``(iv) any potential for interference with wireless 
     communications or for injury or damage to persons or 
     property.
       ``(F) Potential consequences to national security, public 
     safety, or law enforcement if threats posed by unmanned 
     aircraft systems or unmanned aircraft are not mitigated or 
     defeated.
       ``(7) The terms `unmanned aircraft' and `unmanned aircraft 
     system' have the meanings given those terms in section 44801 
     of title 49, United States Code.
       ``(b) Authority of the Department of State.--
     Notwithstanding section 46502 of title 49, United States 
     Code, or sections 32, 1030, 1367, and chapters 119 and 206 of 
     title 18, United States Code, the Secretary of State may 
     take, and may authorize personnel with assigned duties that 
     include the safety, security, or protection of people, 
     facilities, or assets to take, actions described in 
     subsection (c) that are necessary to detect, identify, 
     monitor, track, and mitigate a credible threat (as defined by 
     the Secretary of State, in consultation with the Secretary of 
     Transportation through the Administrator of the Federal 
     Aviation Administration) that an unmanned aircraft system or 
     unmanned aircraft poses to the safety or security of a 
     covered facility or asset.
       ``(c) Actions Described.--
       ``(1) In general.--The actions authorized by subsection (b) 
     are the following:

[[Page S5469]]

       ``(A) During the operation of the unmanned aircraft system 
     or unmanned aircraft, detect, identify, monitor, and track 
     the unmanned aircraft system or unmanned aircraft, without 
     prior consent, including by means of intercept or other 
     access of a wire communication, an oral communication, or an 
     electronic communication used to control the unmanned 
     aircraft system or unmanned aircraft.
       ``(B) Warn the operator of the unmanned aircraft system or 
     unmanned aircraft, including by passive or active, and direct 
     or indirect, physical, electronic, radio, and electromagnetic 
     means.
       ``(C) Disrupt control of the unmanned aircraft system or 
     unmanned aircraft, without prior consent of the operator of 
     the unmanned aircraft system or unmanned aircraft, including 
     by disabling the unmanned aircraft system or unmanned 
     aircraft by intercepting, interfering, or causing 
     interference with wire, oral, electronic, or radio 
     communications used to control the unmanned aircraft system 
     or unmanned aircraft.
       ``(D) Seize or exercise control of the unmanned aircraft 
     system or unmanned aircraft.
       ``(E) Seize or otherwise confiscate the unmanned aircraft 
     system or unmanned aircraft.
       ``(F) Use reasonable force, if necessary, to disable, 
     damage, or destroy the unmanned aircraft system or unmanned 
     aircraft.
       ``(2) Temporary flight restrictions.--A temporary flight 
     restriction shall be timely published prior to undertaking 
     any actions described in paragraph (1).
       ``(d) Research, Testing, Training, and Evaluation.--
       ``(1) Requirement.--
       ``(A) In general.--Notwithstanding section 46502 of title 
     49, United States Code, or any provision of title 18, United 
     States Code, the Secretary of State shall conduct research, 
     testing, training on, and evaluation of any equipment, 
     including any electronic equipment, to determine the 
     capability and utility of the equipment prior to the use of 
     the equipment in carrying out any action described in 
     subsection (c).
       ``(B) Coordination.--Personnel and contractors who do not 
     have duties that include the safety, security, or protection 
     of people, facilities, or assets may engage in research, 
     testing, training, and evaluation activities pursuant to 
     subparagraph (A).
       ``(2) Coordination for research, testing, training, and 
     evaluation.--The Secretary of State shall coordinate 
     procedures governing research, testing, training, and 
     evaluation to carry out any provision under this subsection 
     with the Administrator of the Federal Aviation Administration 
     before initiating such activity in order that the 
     Administrator of the Federal Aviation Administration may 
     ensure the activity does not adversely impact or interfere 
     with safe airport operations, navigation, air traffic 
     services, or the safe and efficient operation of the national 
     airspace system.
       ``(e) Forfeiture.--Any unmanned aircraft system or unmanned 
     aircraft that is seized by the Secretary of State pursuant to 
     subsection (b) is subject to forfeiture to the United States 
     pursuant to the provisions of chapter 46 of title 18, United 
     States Code.
       ``(f) Regulations and Guidance.--The Secretary of State, 
     and the Secretary of Transportation--
       ``(1) may prescribe regulations to carry out this section; 
     and
       ``(2) in developing regulations described in paragraph (1), 
     consult the Chair of the Federal Communications Commission, 
     the Administrator of the National Telecommunications and 
     Information Administration, and the Administrator of the 
     Federal Aviation Administration.
       ``(g) Coordination.--
       ``(1) In general.--The Secretary of State shall coordinate 
     with the Administrator of the Federal Aviation Administration 
     before carrying out any action authorized under this section 
     in order that the Administrator may ensure the action does 
     not adversely impact or interfere with--
       ``(A) safe airport operations;
       ``(B) navigation;
       ``(C) air traffic services; or
       ``(D) the safe and efficient operation of the national 
     airspace system.
       ``(2) Guidance.--Before issuing any guidance, or otherwise 
     implementing this section, the Secretary of State shall, 
     coordinate with--
       ``(A) the Secretary of Transportation in order that the 
     Secretary of Transportation may ensure the guidance or 
     implementation does not adversely impact or interfere with 
     any critical infrastructure relating to transportation; and
       ``(B) the Administrator of the Federal Aviation 
     Administration in order that the Administrator may ensure the 
     guidance or implementation does not adversely impact or 
     interfere with--
       ``(i) safe airport operations;
       ``(ii) navigation;
       ``(iii) air traffic services; or
       ``(iv) the safe and efficient operation of the national 
     airspace system.
       ``(3) Coordination with the faa.--The Secretary of State 
     shall coordinate the development of guidance under subsection 
     (f) with the Secretary of Transportation (through the 
     Administrator of the Federal Aviation Administration).
       ``(4) Coordination with the department of transportation 
     and national telecommunications and information 
     administration.--The Secretary of State shall coordinate the 
     development of the actions described in subsection (c) with 
     the Secretary of Transportation (through the Administrator of 
     the Federal Aviation Administration) and the Assistant 
     Secretary of Commerce for Communications and Information and 
     Administrator of the National Telecommunications and 
     Information Administration.
       ``(h) Privacy Protection.--
       ``(1) In general.--Any regulation or guidance issued to 
     carry out an action under subsection (c) by the Secretary of 
     State shall ensure for the Department of State, that--
       ``(A) the interception of, acquisition of, access to, 
     maintenance of, or use of any communication to or from an 
     unmanned aircraft system or unmanned aircraft under this 
     section is conducted in a manner consistent with the First 
     and Fourth Amendments to the Constitution of the United 
     States and any applicable provision of Federal law;
       ``(B) any communication to or from an unmanned aircraft 
     system or unmanned aircraft are intercepted or acquired only 
     to the extent necessary to support an action described in 
     subsection (c);
       ``(C) any record of a communication described in 
     subparagraph (B) is maintained only for as long as necessary, 
     and in no event for more than 180 days, unless the Secretary 
     of State determines that maintenance of the record is--
       ``(i) required under Federal law;
       ``(ii) necessary for the purpose of litigation; and
       ``(iii) necessary to investigate or prosecute a violation 
     of law, including by--

       ``(I) directly supporting an ongoing security operation; or
       ``(II) protecting against dangerous or unauthorized 
     activity by unmanned aircraft systems or unmanned aircraft; 
     and

       ``(D) a communication described in subparagraph (B) is not 
     disclosed to any person not employed or contracted by the 
     Department of State unless the disclosure--
       ``(i) is necessary to investigate or prosecute a violation 
     of law;
       ``(ii) will support--

       ``(I) the Department of Defense;
       ``(II) a Federal law enforcement, intelligence, or security 
     agency;
       ``(III) a State, local, Tribal, or territorial law 
     enforcement agency; or
       ``(IV) another relevant entity or person if the entity or 
     person is engaged in a security or protection operation;

       ``(iii) is necessary to support a department or agency 
     listed in clause (ii) in investigating or prosecuting a 
     violation of law;
       ``(iv) will support the enforcement activities of a Federal 
     regulatory agency relating to a criminal or civil 
     investigation of, or any regulatory, statutory, or other 
     enforcement action relating to, an action described in 
     subsection (c);
       ``(v) is between the Department of State and a Federal law 
     enforcement agency in the course of a security or protection 
     operation of either agency or a joint operation of such 
     agencies; or
       ``(vi) is otherwise required by law;
       ``(i) Budget.--
       ``(1) In general.--The Secretary of State shall submit to 
     Congress, as a part of the budget materials of the Department 
     of State for fiscal year 2026 and each fiscal year 
     thereafter, a consolidated funding display that identifies 
     the funding source for the actions described in subsection 
     (c) within the Department of State.
       ``(2) Classification.--Each funding display submitted under 
     paragraph (1) shall be in unclassified form but may contain a 
     classified annex.
       ``(j) Public Disclosures.--
       ``(1) In general.--Information shall be governed by the 
     disclosure obligations set forth in section 552 of title 5, 
     United States Code (commonly known as the `Freedom of 
     Information Act'), if the information relates to--
       ``(A) any capability, limitation, or sensitive detail of 
     the operation of any technology used to carry out an action 
     described in subsection (c); or
       ``(B) an operational procedure or protocol used to carry 
     out this section.
       ``(2) Access.--Any request for public access to information 
     described in paragraph (1) shall be submitted to the 
     Department of State, which shall process the request as 
     required under section 552(a)(3) of title 5, United States 
     Code.
       ``(k) Assistance and Support.--
       ``(1) Facilities and services of other agencies and non-
     federal entities.--
       ``(A) In general.--The Secretary of State is authorized to 
     use or accept from any other Federal agency, or any other 
     public or private entity, any supply or service to facilitate 
     or carry out any action described in subsection (c).
       ``(B) Reimbursement.--In accordance with subparagraph (A), 
     the Secretary of State may accept any supply or service with 
     or without reimbursement to the entity providing the supply 
     or service and notwithstanding any provision of law that 
     would prevent the use or acceptance of the supply or service.
       ``(C) Agreements.--To implement the requirements of 
     subsection (a)(3)(C), the Secretary of State may enter into 1 
     or more agreements with the head of another executive agency 
     or with an appropriate official of a non-Federal public or 
     private agency or entity, as may be necessary and proper to 
     carry out the responsibilities of the Secretary of State 
     under this section.

[[Page S5470]]

       ``(l) Semiannual Briefings and Notifications.--
       ``(1) In general.--On a semiannual basis beginning 180 days 
     after the date of the enactment of this section, the 
     Secretary of State shall provide a briefing to the 
     appropriate committees of Congress on the activities carried 
     out pursuant to this section.
       ``(2) Requirement.--The Secretary of State shall conduct 
     the briefing required under paragraph (1) jointly with the 
     Secretary of Transportation.
       ``(3) Content.--Each briefing required under paragraph (1) 
     shall include--
       ``(A) policies, programs, and procedures to mitigate or 
     eliminate impacts of activities carried out pursuant to this 
     section to the national airspace system and other critical 
     infrastructure relating to national transportation;
       ``(B) a description of--
       ``(i) each instance in which any action described in 
     subsection (c) has been taken, including any instances that 
     may have resulted in harm, damage, or loss to a person or to 
     private property;
       ``(ii) the guidance, policies, or procedures established by 
     the Secretary of State to address privacy, civil rights, and 
     civil liberties issues implicated by the actions permitted 
     under this section, as well as any changes or subsequent 
     efforts by the Secretary of State that would significantly 
     affect privacy, civil rights, or civil liberties;
       ``(iii) options considered and steps taken by the Secretary 
     of State to mitigate any identified impacts to the national 
     airspace system relating to the use of any system or 
     technology, including the minimization of the use of any 
     technology that disrupts the transmission of radio or 
     electronic signals, for carrying out the actions described in 
     subsection (c); and
       ``(iv) each instance in which a communication intercepted 
     or acquired during the course of operations of an unmanned 
     aircraft system or unmanned aircraft was--

       ``(I) held in the possession of the Department of State for 
     more than 180 days; or
       ``(II) shared with any entity other than the Department of 
     State;

       ``(C) an explanation of how the Secretary of State and the 
     Secretary of Transportation have--
       ``(i) informed the public as to the possible use of 
     authorities granted under this section; and
       ``(ii) engaged with Federal, State, local, Tribal, and 
     territorial law enforcement agencies to implement and use 
     authorities granted under this section; and
       ``(D) a description of the impact of the authorities 
     granted under this section on--
       ``(i) lawful operator access to national airspace; and
       ``(ii) unmanned aircraft systems and unmanned aircraft 
     integration into the national airspace system.
       ``(4) Unclassified form.--Each briefing required under 
     paragraph (1) shall be in unclassified form but may be 
     accompanied by an additional classified briefing.
       ``(m) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) vest in the Secretary of State any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration;
       ``(2) vest in the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration any 
     authority of the Secretary of State; or
       ``(3) provide a new basis of liability with respect to an 
     officer of a State, local, Tribal, or territorial law 
     enforcement agency who participates in a security or 
     protection operation of the Department of State and in so 
     doing--
       ``(A) is acting in the official capacity of the individual 
     as an officer; and
       ``(B) does not exercise the authority granted to the 
     Secretary of State by this section.
       ``(n) Termination.--The authority provided by subsection 
     (b) shall terminate on the date that is 4 years after the 
     date of the enactment of this section.
       ``(o) Scope of Authority.--Nothing in this section shall be 
     construed to provide the Secretary of State with additional 
     authorities beyond those described in subsection (b).''.
                                 ______
                                 
  SA 3142. Mr. SCOTT of South Carolina (for himself and Mr. Brown) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

     SEC. 1291. REVIEW OF AND REPORTING ON NATIONAL SECURITY 
                   SENSITIVE SITES FOR PURPOSES OF REVIEWS OF REAL 
                   ESTATE TRANSACTIONS BY THE COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES.

       (a) List of National Security Sensitive Sites.--Section 
     721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(a)(4)(C)) is amended by adding at the end the following:
       ``(iii) List of sites.--For purposes of subparagraph 
     (B)(ii), the Committee may prescribe through regulations a 
     list of facilities and property of the United States 
     Government that are sensitive for reasons relating to 
     national security. Such list may include certain facilities 
     and property of the intelligence community and National 
     Laboratories (as defined in section 2 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15801)).''.
       (b) Review and Reports.--Section 721(m) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(m)(2)) is amended--
       (1) in paragraph (2), by adding at the end the following:
       ``(L) A list of all notices and declarations filed and all 
     reviews or investigations of covered transactions completed 
     during the period relating to facilities and property of the 
     United States Government determined to be sensitive for 
     reasons relating to national security for purposes of 
     subsection (a)(4)(B)(ii).
       ``(M) A certification that the list of sites identified 
     under subsection (a)(4)(C)(iii) reflects consideration of the 
     recommended updates and revisions submitted under paragraph 
     (4)(B). Upon request from any Member of Congress specified in 
     subsection (b)(3)(C)(iii), the chairperson shall provide a 
     classified briefing to that Member, and staff of the member 
     with appropriate security clearances, regarding the list of 
     sites identified under subsection (a)(4)(C)(iii).'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) Annual review of list of facilities and property.--
     Not later than January 31 of each year, each member of the 
     Committee shall--
       ``(A) review the facilities and property of the agency 
     represented by that member that are on the list prescribed 
     under subparagraph (C)(iii) of subsection (a)(4) of 
     facilities and property that are sensitive for reasons 
     relating to national security for purposes of subparagraph 
     (B)(ii) of that subsection; and
       ``(B) submit to the chairperson a report on that review, 
     after approval of the report by an Assistant Secretary or 
     equivalent official of the agency, which shall include any 
     recommended updates or revisions to the list regarding 
     facilities and property administered by the member of the 
     Committee.''.
                                 ______
                                 
  SA 3143. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TRAINING ON INCREASING CONTRACT AWARDS TO CERTAIN 
                   SMALL BUSINESS CONCERNS.

       (a) Small Business Concerns Owned and Controlled by 
     Service-Disabled Veterans.--Section 36 of the Small Business 
     Act (15 U.S.C. 657f) is amended by adding at the end the 
     following:
       ``(j) Training on Increasing Contract Awards to Small 
     Business Concerns Owned and Controlled by Service-Disabled 
     Veterans.--
       ``(1) In general.--The Administrator, in consultation with 
     the Office of Veterans Business Development and the Office of 
     Government Contracting, shall, with respect to each Federal 
     agency that did not meet the goal established under section 
     15(g)(1)(A)(ii) for the most recently completed fiscal year, 
     provide training to contracting officers of that Federal 
     agency on how to increase the number of contracts awarded to 
     small business concerns owned and controlled by service-
     disabled veterans.
       ``(2) Guidance.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator, in 
     consultation with the Office of Veterans Business Development 
     and the Office of Government Contracting, shall issue 
     guidance and best practices on increasing the number of 
     contracts awarded to small businesses owned and controlled by 
     service-disabled veterans for Federal agencies to which the 
     goal established under section 15(g)(1)(A)(ii) applies.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of this subsection, and annually thereafter, the 
     Administrator shall submit to Congress a report detailing--
       ``(A) for the fiscal year preceding the fiscal year to 
     which the report applies, a list of each Federal agency that 
     failed to meet the goal established under section 
     15(g)(1)(A)(ii);
       ``(B) for the fiscal year to which the report applies, the 
     number of trainings provided to each Federal agency described 
     in subparagraph (A); and
       ``(C) an overview of the content included in the training 
     sessions described in subparagraph (B).''.
       (b) Small Business Concerns Owned and Controlled by 
     Women.--Section 8(m) of the Small Business Act (15 U.S.C. 
     637(m)) is amended by adding at the end the following:
       ``(9) Training on increasing contract awards to small 
     business concerns owned and controlled by women.--
       ``(A) In general.--The Administrator, in consultation with 
     the Office of Women's Business Ownership and the Office of 
     Government Contracting, shall, with respect to each Federal 
     agency that did not meet the goal established under section 
     15(g)(1)(A)(v)

[[Page S5471]]

     for the most recently completed fiscal year, provide training 
     to contracting officers of that Federal agency on how to 
     increase the number of contracts awarded to small business 
     concerns owned and controlled by women.
       ``(B) Guidance.--Not later than 180 days after the date of 
     enactment of this paragraph, the Administrator, in 
     consultation with the Office of Office of Women's Business 
     Ownership and the Office of Government Contracting, shall 
     issue guidance and best practices on increasing the number of 
     contracts awarded to small businesses owned and controlled by 
     women for Federal agencies to which the goal established 
     under section 15(g)(1)(A)(v) applies.
       ``(C) Report.--Not later than 1 year after the date of 
     enactment of this paragraph, and annually thereafter, the 
     Administrator shall submit to Congress a report detailing--
       ``(i) for the fiscal year preceding the fiscal year to 
     which the report applies, a list of each Federal agency that 
     failed to meet the goal established under section 
     15(g)(1)(A)(v);
       ``(ii) for the fiscal year to which the report applies, the 
     number of trainings provided to each Federal agency described 
     in clause (i); and
       ``(iii) an overview of the content included in the training 
     sessions described in clause (ii).''.
       (c) Qualified HUBZone Small Business Concerns.--Section 31 
     of the Small Business Act (15 U.S.C. 657a) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Training on Increasing Contract Awards to Small 
     Business Concerns Owned and Controlled by Qualified Hubzone 
     Small Business Concerns.--
       ``(1) In general.--The Administrator, in consultation with 
     the Office of the HUBZone Program and the Office of 
     Government Contracting, shall, with respect to each Federal 
     agency that did not meet the goal established under section 
     15(g)(1)(A)(iii) for the most recently completed fiscal year, 
     provide training to contracting officers of that Federal 
     agency on how to increase the number of contracts awarded to 
     qualified HUBZone small business concerns.
       ``(2) Guidance.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator, in 
     consultation with the Office of the HUBZone Program and the 
     Office of Government Contracting, shall issue guidance and 
     best practices on increasing the number of contracts awarded 
     to qualified HUBZone small business concern for Federal 
     agencies to which the goal established under section 
     15(g)(1)(A)(iii) applies.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of this subsection, and annually thereafter, the 
     Administrator shall submit to Congress a report detailing--
       ``(A) for the fiscal year preceding the fiscal year to 
     which the report applies, a list of each Federal agency that 
     failed to meet the goal established under section 
     15(g)(1)(A)(iii);
       ``(B) for the fiscal year to which the report applies, the 
     number of trainings provided to each Federal agency described 
     in subparagraph (A); and
       ``(C) an overview of the content included in the training 
     sessions described in subparagraph (B).''.
       (d) Small Business Concerns Owned and Controlled by 
     Socially and Economically Disadvantaged Individuals.--Section 
     8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended 
     by adding at the end the following:
       ``(22) Training on increasing contract awards to small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals.--
       ``(A) In general.--The Administrator, in consultation with 
     the Office of Government Contracting, shall, with respect to 
     each Federal agency that did not meet the goal established 
     under section 15(g)(1)(A)(iv) for the most recently completed 
     fiscal year, provide training to contracting officers of that 
     Federal agency on how to increase the number of contracts 
     awarded to small business concerns owned and controlled by 
     socially and economically disadvantaged individuals.
       ``(B) Guidance.--Not later than 180 days after the date of 
     enactment of this paragraph, the Administrator, in 
     consultation with the Office of Government Contracting, shall 
     issue guidance and best practices on increasing the number of 
     contracts awarded to small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals for Federal agencies to which the goal 
     established under section 15(g)(1)(A)(iv) applies.
       ``(C) Report.--Not later than 1 year after the date of 
     enactment of this paragraph, and annually thereafter, the 
     Administrator shall submit to Congress a report detailing--
       ``(i) for the fiscal year preceding the fiscal year to 
     which the report applies, a list of each Federal agency that 
     failed to meet the goal established under section 
     15(g)(1)(A)(iv);
       ``(ii) for the fiscal year to which the report applies, the 
     number of trainings provided to each Federal agency described 
     in clause (i); and
       ``(iii) an overview of the content included in the training 
     sessions described in clause (ii).''.
       (e) No Authorization of Additional Appropriations.--No 
     additional amounts are authorized to be appropriated to carry 
     out this section or any of the amendments made by this 
     section.
                                 ______
                                 
  SA 3144. 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. REVIEW OF SPECIAL EDUCATION AND DYSLEXIA PROCESSES 
                   AND PROCEDURES OF DEPARTMENT OF DEFENSE 
                   EDUCATION ACTIVITY.

       (a) In General.--The Director of the Department of Defense 
     Education Activity (in this section referred to as ``DODEA'') 
     shall review the special education processes and procedures 
     in place within DODEA to diagnose disabilities and provide 
     evidence-based interventions and supports for students with 
     disabilities.
       (b) Provision of Special Education Materials and 
     Information to Congress.--As part of the review required by 
     subsection (a), the Director shall provide to the appropriate 
     congressional committees the following:
       (1) A briefing on the special education processes and 
     procedures of DODEA, particularly those for diagnosing and 
     treating dyslexia.
       (2) All documents, including documents not publicly 
     available, related to special education in schools operated 
     by DODEA.
       (c) Provision of Dyslexia Materials and Information to 
     Congress.--No later than 60 days after the date of the 
     enactment of this Act, as part of the review required by 
     subsection (a), the Director shall provide to the appropriate 
     congressional committees the following information regarding 
     the dyslexia screening program of DODEA:
       (1) A description of the following:
       (A) How DODEA ensures that it screens each student enrolled 
     in a school operated by DODEA for dyslexia near the end of 
     kindergarten and near the end of first grade.
       (B) How DODEA ensures that it screens new enrollees in each 
     such school regardless of year, unless the new enrollee has 
     already been diagnosed with dyslexia.
       (C) How DODEA ensures it provides comprehensive literacy 
     instruction (as defined in section 2221(b)(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6641(b)(1))).
       (D) How DODEA provides high-quality training for school 
     personnel, particularly specialized instructional support 
     personnel (as defined in section 8101(47)(A)(ii) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(47)(A)(ii))) related to dyslexia.
       (E) How DODEA ensures that each district of schools 
     operated by DODEA employs at least one specialized 
     instructional support personnel who specializes in dyslexia.
       (2) Information with respect to the following:
       (A) The number of students at schools operated by DODEA 
     screened for dyslexia each year and the grade in which those 
     students were screened.
       (B) The number and types of dyslexia screeners used by 
     DODEA each year.
       (C) The total number of students diagnosed with dyslexia 
     that are served by DODEA.
       (D) The total number of such students, disaggregated by 
     each subgroup of student (as defined in section 1111(c)(2) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(c)(2))).
       (E) The type of professional conducting the intervention 
     program for a student diagnosed with dyslexia.
       (F) A list of, and all materials related to, the 
     interventions used by DODEA to treat students diagnosed with 
     dyslexia.
       (G) The number of trainings per year provided by DODEA on 
     identifying and treating dyslexia in students.
       (H) A list of organizations outside of DODEA that are used 
     to consult on the dyslexia screening and intervention 
     program.
       (d) Assessment of Definitions Used by DODEA.--As part of 
     the review required by subsection (a), the Director shall 
     provide to the appropriate congressional committees a 
     description of how DODEA's definitions of the following terms 
     align with or differ from the following definitions:
       (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 with proven psychometrics for validity;
       (B) efficient and low-cost; and
       (C) readily available.
       (4) Evidence-based.--The term ``evidence-based'' has the 
     meaning given that term in section 8101(21)(A)(i) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(21)(A)(i)).

[[Page S5472]]

       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Health, Education, Labor, and Pensions 
     and the Committee on Armed Services of the Senate; and
       (2) the Committee on Education and the Workforce and the 
     Committee on Armed Services of the House of Representatives.
                                 ______
                                 
  SA 3145. Mr. BOOKER (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1239. MODIFICATION TO WAIVERS OF LIMITATIONS ON TRANSFER 
                   OF ARTICLES ON UNITED STATES MUNITIONS LIST TO 
                   REPUBLIC OF CYPRUS.

       (a) Eastern Mediterranean Security and Energy Partnership 
     Act of 2019.--Section 205(d)(2) of the Eastern Mediterranean 
     Security and Energy Partnership Act of 2019 (Public Law 116-
     94; 133 Stat. 3052), is amended by striking ``one fiscal 
     year'' and inserting ``five fiscal years''.
       (b) National Defense Authorization Act for Fiscal Year 
     2020.--Section 1250A(d)(2) of the National Defense 
     Authorization Act for Fiscal Year 2020 (22 U.S.C. 2373 note), 
     is amended by striking ``one fiscal year'' and inserting 
     ``five fiscal years''.
                                 ______
                                 
  SA 3146. 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 appropriate place in subtitle H of title X, insert 
     the following:

     SEC. 10__. REAUTHORIZATION OF THE DIESEL EMISSIONS REDUCTION 
                   ACT.

       Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16137(a)) is amended by striking ``2024'' and inserting 
     ``2029''.
                                 ______
                                 
  SA 3147. Mr. MANCHIN (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

          Subtitle I--International Nuclear Energy Act of 2024

     SEC. 1099A. SHORT TITLE.

       This subtitle may be cited as the ``International Nuclear 
     Energy Act of 2024''.

     SEC. 1099B. DEFINITIONS.

       In this subtitle:
       (1) Advanced nuclear reactor.--The term ``advanced nuclear 
     reactor'' means--
       (A) a nuclear fission reactor, including a prototype plant 
     (as defined in sections 50.2 and 52.1 of title 10, Code of 
     Federal Regulations (or successor regulations)), with 
     significant improvements compared to reactors operating on 
     October 19, 2016, including improvements such as--
       (i) additional inherent safety features;
       (ii) lower waste yields;
       (iii) improved fuel and material performance;
       (iv) increased tolerance to loss of fuel cooling;
       (v) enhanced reliability or improved resilience;
       (vi) increased proliferation resistance;
       (vii) increased thermal efficiency;
       (viii) reduced consumption of cooling water and other 
     environmental impacts;
       (ix) the ability to integrate into electric applications 
     and nonelectric applications;
       (x) modular sizes to allow for deployment that corresponds 
     with the demand for electricity or process heat; and
       (xi) operational flexibility to respond to changes in 
     demand for electricity or process heat and to complement 
     integration with intermittent renewable energy or energy 
     storage;
       (B) a fusion reactor; and
       (C) a radioisotope power system that utilizes heat from 
     radioactive decay to generate energy.
       (2) Ally or partner nation.--The term ``ally or partner 
     nation'' means--
       (A) the Government of any country that is a member of the 
     Organisation for Economic Co-operation and Development;
       (B) the Government of the Republic of India; and
       (C) the Government of any country designated as an ally or 
     partner nation by the Secretary of State for purposes of this 
     subtitle.
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committees on Foreign Relations and Energy and 
     Natural Resources of the Senate; and
       (B) the Committees on Foreign Affairs and Energy and 
     Commerce of the House of Representatives.
       (4) Assistant.--The term ``Assistant'' means the Assistant 
     to the President and Director for International Nuclear 
     Energy Policy described in section 1099C(a)(1)(D).
       (5) Associated entity.--The term ``associated entity'' 
     means an entity that--
       (A) is owned, controlled, or operated by--
       (i) an ally or partner nation; or
       (ii) an associated individual; or
       (B) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, a country described in paragraph (2), 
     including a corporation that is incorporated in a country 
     described in that paragraph.
       (6) Associated individual.--The term ``associated 
     individual'' means a foreign national who is a national of a 
     country described in paragraph (2).
       (7) Civil nuclear.--The term ``civil nuclear'' means 
     activities relating to--
       (A) nuclear plant construction;
       (B) nuclear fuel services;
       (C) nuclear energy financing;
       (D) nuclear plant operations;
       (E) nuclear plant regulation;
       (F) nuclear medicine;
       (G) nuclear safety;
       (H) community engagement in areas in reasonable proximity 
     to nuclear sites;
       (I) infrastructure support for nuclear energy;
       (J) nuclear plant decommissioning;
       (K) nuclear liability;
       (L) safe storage and safe disposal of spent nuclear fuel;
       (M) environmental safeguards;
       (N) nuclear nonproliferation and security; and
       (O) technology related to the matters described in 
     subparagraphs (A) through (N).
       (8) Embarking civil nuclear nation.--
       (A) In general.--The term ``embarking civil nuclear 
     nation'' means a country that--
       (i) does not have a civil nuclear energy program;
       (ii) is in the process of developing or expanding a civil 
     nuclear energy program, including safeguards and a legal and 
     regulatory framework, for--

       (I) nuclear safety;
       (II) nuclear security;
       (III) radioactive waste management;
       (IV) civil nuclear energy;
       (V) environmental safeguards;
       (VI) community engagement in areas in reasonable proximity 
     to nuclear sites;
       (VII) nuclear liability; or
       (VIII) advanced nuclear reactor licensing;

       (iii) is in the process of selecting, developing, 
     constructing, or utilizing advanced light water reactors, 
     advanced nuclear reactors, or advanced civil nuclear 
     technologies; or
       (iv) is eligible to receive development lending from the 
     World Bank.
       (B) Exclusions.--The term ``embarking civil nuclear 
     nation'' does not include--
       (i) the People's Republic of China;
       (ii) the Russian Federation;
       (iii) the Republic of Belarus;
       (iv) the Islamic Republic of Iran;
       (v) the Democratic People's Republic of Korea;
       (vi) the Republic of Cuba;
       (vii) the Bolivarian Republic of Venezuela;
       (viii) the Syrian Arab Republic;
       (ix) Burma; or
       (x) any other country--

       (I) the property or interests in property of the government 
     of which are blocked pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.); or
       (II) the government of which the Secretary of State has 
     determined has repeatedly provided support for acts of 
     international terrorism for purposes of--

       (aa) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (bb) section 40(d) of the Arms Export Control Act (22 
     U.S.C. 2780(d));
       (cc) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
       (dd) any other relevant provision of law.
       (9) Nuclear safety.--The term ``nuclear safety'' means 
     issues relating to the design, construction, operation, or 
     decommissioning of nuclear facilities in a manner that 
     ensures adequate protection of workers, the public, and the 
     environment, including--
       (A) the safe operation of nuclear reactors and other 
     nuclear facilities;
       (B) radiological protection of--
       (i) members of the public;
       (ii) workers; and
       (iii) the environment;
       (C) nuclear waste management;
       (D) emergency preparedness;
       (E) nuclear liability; and
       (F) the safe transportation of nuclear materials.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) Spent nuclear fuel.--The term ``spent nuclear fuel'' 
     has the meaning given the term in section 2 of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101).

[[Page S5473]]

       (12) U.S. nuclear energy company.--The term ``U.S. nuclear 
     energy company'' means a company that--
       (A) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the United States; and
       (B) is involved in the nuclear energy industry.

     SEC. 1099C. CIVIL NUCLEAR COORDINATION AND STRATEGY.

       (a) White House Focal Point on Civil Nuclear 
     Coordination.--
       (1) Sense of congress.--Given the critical importance of 
     developing and implementing, with input from various agencies 
     throughout the executive branch, a cohesive policy with 
     respect to international efforts related to civil nuclear 
     energy, it is the sense of Congress that--
       (A) there should be a focal point within the White House, 
     which may, if determined to be appropriate, report to the 
     National Security Council, for coordination on issues 
     relating to those efforts;
       (B) to provide that focal point, the President should 
     establish, within the Executive Office of the President, an 
     office, to be known as the ``Office of the Assistant to the 
     President and Director for International Nuclear Energy 
     Policy'' (referred to in this subsection as the ``Office'');
       (C) the Office should act as a coordinating office for--
       (i) international civil nuclear cooperation; and
       (ii) civil nuclear export strategy;
       (D) the Office should be headed by an individual appointed 
     as an Assistant to the President with the title of ``Director 
     for International Nuclear Energy Policy''; and
       (E) the Office should--
       (i) coordinate civil nuclear export policies for the United 
     States;
       (ii) develop, in coordination with the officials described 
     in paragraph (2), a cohesive Federal strategy for engagement 
     with foreign governments (including ally or partner nations 
     and the governments of embarking civil nuclear nations), 
     associated entities, and associated individuals with respect 
     to civil nuclear exports;
       (iii) coordinate with the officials described in paragraph 
     (2) to ensure that necessary framework agreements and trade 
     controls relating to civil nuclear materials and technologies 
     are in place for key markets; and
       (iv) develop--

       (I) a whole-of-government coordinating strategy for civil 
     nuclear cooperation;
       (II) a whole-of-government strategy for civil nuclear 
     exports; and
       (III) a whole-of-government approach to support appropriate 
     foreign investment in civil nuclear energy projects supported 
     by the United States in embarking civil nuclear nations.

       (2) Officials described.--The officials referred to in 
     paragraph (1)(E) are--
       (A) appropriate officials of any Federal agency that the 
     President determines to be appropriate; and
       (B) appropriate officials representing foreign countries 
     and governments, including--
       (i) ally or partner nations;
       (ii) embarking civil nuclear nations; and
       (iii) any other country or government that the Assistant 
     (if appointed) and the officials described in subparagraph 
     (A) jointly determine to be appropriate.
       (b) Nuclear Exports Working Group.--
       (1) Establishment.--There is established a working group, 
     to be known as the ``Nuclear Exports Working Group'' 
     (referred to in this subsection as the ``working group'').
       (2) Composition.--The working group shall be composed of--
       (A) senior-level Federal officials, selected internally by 
     the applicable Federal agency or organization, from any 
     Federal agency or organization that the President determines 
     to be appropriate; and
       (B) other senior-level Federal officials, selected 
     internally by the applicable Federal agency or organization, 
     from any other Federal agency or organization that the 
     Secretary determines to be appropriate.
       (3) Reporting.--The working group shall report to the 
     appropriate White House official, which may be the Assistant 
     (if appointed).
       (4) Duties.--The working group shall coordinate, not less 
     frequently than quarterly, with the Civil Nuclear Trade 
     Advisory Committee of the Department of Commerce, the Nuclear 
     Energy Advisory Committee of the Department of Energy, and 
     other advisory or stakeholder groups, as necessary, to 
     maintain an accurate and up-to-date knowledge of the standing 
     of civil nuclear exports from the United States, including 
     with respect to meeting the targets established as part of 
     the 10-year civil nuclear trade strategy described in 
     paragraph (5)(A).
       (5) Strategy.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the working group shall establish a 
     10-year civil nuclear trade strategy, including biennial 
     targets for the export of civil nuclear technologies, 
     including light water and non-light water reactors and 
     associated equipment and technologies, civil nuclear 
     materials, and nuclear fuel that align with meeting 
     international energy demand while seeking to avoid or reduce 
     emissions.
       (B) Collaboration required.--In establishing the strategy 
     under subparagraph (A), the working group shall collaborate 
     with--
       (i) any Federal agency that the President determines to be 
     appropriate; and
       (ii) representatives of private industry.

     SEC. 1099D. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.

       (a) In General.--The President shall launch, in accordance 
     with applicable nuclear technology export laws (including 
     regulations), an international initiative to modernize the 
     civil nuclear outreach to embarking civil nuclear nations.
       (b) Financing.--In carrying out the initiative described in 
     subsection (a), the President, acting through an appropriate 
     Federal official, who may be the Assistant (if appointed) or 
     the Chief Executive Officer of the International Development 
     Finance Corporation, if determined to be appropriate, and in 
     coordination with the officials described in section 
     1099C(a)(2), may, if the President determines to be 
     appropriate, seek to establish cooperative financing 
     relationships for the export of civil nuclear technology, 
     components, materials, and infrastructure to embarking civil 
     nuclear nations.
       (c) Activities.--In carrying out the initiative described 
     in subsection (a), the President shall--
       (1) assist nongovernmental organizations and appropriate 
     offices, administrations, agencies, laboratories, and 
     programs of the Department of Energy and other relevant 
     Federal agencies and offices in providing education and 
     training to foreign governments in nuclear safety, security, 
     and safeguards--
       (A) through engagement with the International Atomic Energy 
     Agency; or
       (B) independently, if the applicable entity determines that 
     it would be more advantageous under the circumstances to 
     provide the applicable education and training independently;
       (2) assist the efforts of the International Atomic Energy 
     Agency to expand the support provided by the International 
     Atomic Energy Agency to embarking civil nuclear nations for 
     nuclear safety, security, and safeguards;
       (3) coordinate the work of the Chief Executive Officer of 
     the United States International Development Finance 
     Corporation and the Export-Import Bank of the United States 
     to expand outreach to the private investment community to 
     create public-private financing relationships to assist in 
     the adoption of civil nuclear technologies by embarking civil 
     nuclear nations, including through exports from the United 
     States;
       (4) seek to better coordinate, to the maximum extent 
     practicable, the work carried out by any Federal agency that 
     the President determines to be appropriate; and
       (5) coordinate the work of the Export-Import Bank of the 
     United States to improve the efficient and effective 
     exporting and importing of civil nuclear technologies and 
     materials.

     SEC. 1099E. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR 
                   PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR 
                   NATIONS.

       (a) In General.--The President shall designate an 
     appropriate White House official, who may be the Assistant 
     (if appointed), and the Chief Executive Officer of the United 
     States International Development Finance Corporation to 
     coordinate with the officials described in section 
     1099C(a)(2) to develop, as the President determines to be 
     appropriate, financing relationships with ally or partner 
     nations to assist in the adoption of civil nuclear 
     technologies exported from the United States or ally or 
     partner nations to embarking civil nuclear nations.
       (b) United States Competitiveness Clauses.--
       (1) Definition of united states competitiveness clause.--In 
     this subsection, the term ``United States competitiveness 
     clause'' means any United States competitiveness provision in 
     any agreement entered into by the Department of Energy, 
     including--
       (A) a cooperative agreement;
       (B) a cooperative research and development agreement; and
       (C) a patent waiver.
       (2) Consideration.--In carrying out subsection (a), the 
     relevant officials described in that subsection shall 
     consider the impact of United States competitiveness clauses 
     on any financing relationships entered into or proposed to be 
     entered into under that subsection.
       (3) Waiver.--The Secretary shall facilitate waivers of 
     United States competitiveness clauses as necessary to 
     facilitate financing relationships with ally or partner 
     nations under subsection (a).

     SEC. 1099F. COOPERATION WITH ALLY OR PARTNER NATIONS ON 
                   ADVANCED NUCLEAR REACTOR DEMONSTRATION AND 
                   COOPERATIVE RESEARCH FACILITIES FOR CIVIL 
                   NUCLEAR ENERGY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of State, in 
     coordination with the Secretary and the Secretary of 
     Commerce, shall conduct bilateral and multilateral meetings 
     with not fewer than 5 ally or partner nations, with the aim 
     of enhancing nuclear energy cooperation among those ally or 
     partner nations and the United States, for the purpose of 
     developing collaborative relationships with respect to 
     research, development, licensing, and deployment of advanced 
     nuclear reactor technologies for civil nuclear energy.
       (b) Requirement.--The meetings described in subsection (a) 
     shall include--
       (1) a focus on cooperation to demonstrate and deploy 
     advanced nuclear reactors, with an emphasis on U.S. nuclear 
     energy companies, during the 10-year period beginning on

[[Page S5474]]

     the date of enactment of this Act to provide options for 
     addressing energy security and climate change; and
       (2) a focus on developing a memorandum of understanding or 
     any other appropriate agreement between the United States and 
     ally or partner nations with respect to--
       (A) the demonstration and deployment of advanced nuclear 
     reactors; and
       (B) the development of cooperative research facilities.
       (c) Financing Arrangements.--In conducting the meetings 
     described in subsection (a), the Secretary of State, in 
     coordination with the Secretary and the Secretary of 
     Commerce, shall seek to develop financing arrangements to 
     share the costs of the demonstration and deployment of 
     advanced nuclear reactors and the development of cooperative 
     research facilities with the ally or partner nations 
     participating in those meetings.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, the Secretary of State, 
     and the Secretary of Commerce shall jointly submit to 
     Congress a report highlighting potential partners--
       (1) for the establishment of cost-share arrangements 
     described in subsection (c); or
       (2) with which the United States may enter into agreements 
     with respect to--
       (A) the demonstration of advanced nuclear reactors; or
       (B) cooperative research facilities.

     SEC. 1099G. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION.

       Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 
     16279b) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``The Secretary'' and inserting the following:
       ``(a) In General.--The Secretary'';
       (2) in subsection (a) (as so designated)--
       (A) in paragraph (1)--
       (i) by striking ``financing,''; and
       (ii) by striking ``and'' after the semicolon at the end;
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``preparations for''; 
     and
       (ii) in subparagraph (C)(v), by striking the period at the 
     end and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(3) to support, with the concurrence of the Secretary of 
     State, the safe, secure, and peaceful use of civil nuclear 
     technology in countries developing nuclear energy programs, 
     with a focus on countries that have increased civil nuclear 
     cooperation with the Russian Federation or the People's 
     Republic of China; and
       ``(4) to promote the fullest utilization of the reactors, 
     fuel, equipment, services, and technology of U.S. nuclear 
     energy companies (as defined in section 1099B of the 
     International Nuclear Energy Act of 2024) in civil nuclear 
     energy programs outside the United States through--
       ``(A) bilateral and multilateral arrangements developed and 
     executed with the concurrence of the Secretary of State that 
     contain commitments for the utilization of the reactors, 
     fuel, equipment, services, and technology of U.S. nuclear 
     energy companies (as defined in that section);
       ``(B) the designation of 1 or more U.S. nuclear energy 
     companies (as defined in that section) to implement an 
     arrangement under subparagraph (A) if the Secretary 
     determines that the designation is necessary and appropriate 
     to achieve the objectives of this section;
       ``(C) the waiver of any provision of law relating to 
     competition with respect to any activity related to an 
     arrangement under subparagraph (A) if the Secretary, in 
     consultation with the Attorney General and the Secretary of 
     Commerce, determines that a waiver is necessary and 
     appropriate to achieve the objectives of this section; and
       ``(D) the issuance of loans, loan guarantees, other 
     financial assistance, or assistance in the form of an equity 
     interest to carry out activities related to an arrangement 
     under subparagraph (A), to the extent appropriated funds are 
     available.''; and
       (3) by adding at the end the following:
       ``(b) Requirements.--The program under subsection (a) shall 
     be supported in consultation with the Secretary of State and 
     implemented by the Secretary--
       ``(1) to facilitate, to the maximum extent practicable, 
     workshops and expert-based exchanges to engage industry, 
     stakeholders, and foreign governments with respect to 
     international civil nuclear issues, such as--
       ``(A) training;
       ``(B) financing;
       ``(C) safety;
       ``(D) security;
       ``(E) safeguards;
       ``(F) liability;
       ``(G) advanced fuels;
       ``(H) operations; and
       ``(I) options for multinational cooperation with respect to 
     the disposal of spent nuclear fuel (as defined in section 2 
     of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); 
     and
       ``(2) in coordination with any Federal agency that the 
     President determines to be appropriate.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out subsection 
     (a)(3) $15,500,000 for each of fiscal years 2024 through 
     2028.''.

     SEC. 1099H. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of State, in 
     coordination with the Secretary and the Assistant (if 
     appointed), shall launch an international initiative 
     (referred to in this section as the ``initiative'') to 
     provide financial assistance to, and facilitate the building 
     of technical capacities by, in accordance with this section, 
     embarking civil nuclear nations for activities relating to 
     the development of civil nuclear energy programs.
       (b) Financial Assistance.--
       (1) In general.--In carrying out the initiative, the 
     Secretary of State, in coordination with the Secretary and 
     the Assistant (if appointed), may award grants of financial 
     assistance to embarking civil nuclear nations in accordance 
     with this subsection--
       (A) for activities relating to the development of civil 
     nuclear energy programs; and
       (B) to facilitate the building of technical capacities for 
     those activities.
       (2) Amount.--The amount of a grant of financial assistance 
     under paragraph (1) shall be not more than $5,500,000.
       (3) Limitations.--The Secretary of State, in coordination 
     with the Secretary and the Assistant (if appointed), may 
     award--
       (A) not more than 1 grant of financial assistance under 
     paragraph (1) to any 1 embarking civil nuclear nation each 
     fiscal year; and
       (B) not more than a total of 5 grants of financial 
     assistance under paragraph (1) to any 1 embarking civil 
     nuclear nation.
       (c) Senior Advisors.--
       (1) In general.--In carrying out the initiative, the 
     Secretary of State, in coordination with the Secretary and 
     the Assistant (if appointed), may provide financial 
     assistance to an embarking civil nuclear nation for the 
     purpose of contracting with a U.S. nuclear energy company to 
     hire 1 or more senior advisors to assist the embarking civil 
     nuclear nation in establishing a civil nuclear program.
       (2) Requirement.--A senior advisor described in paragraph 
     (1) shall have relevant experience and qualifications to 
     advise the embarking civil nuclear nation on, and facilitate 
     on behalf of the embarking civil nuclear nation, 1 or more of 
     the following activities:
       (A) The development of financing relationships.
       (B) The development of a standardized financing and project 
     management framework for the construction of nuclear power 
     plants.
       (C) The development of a standardized licensing framework 
     for--
       (i) light water civil nuclear technologies; and
       (ii) non-light water civil nuclear technologies and 
     advanced nuclear reactors.
       (D) The identification of qualified organizations and 
     service providers.
       (E) The identification of funds to support payment for 
     services required to develop a civil nuclear program.
       (F) Market analysis.
       (G) The identification of the safety, security, safeguards, 
     and nuclear governance required for a civil nuclear program.
       (H) Risk allocation, risk management, and nuclear 
     liability.
       (I) Technical assessments of nuclear reactors and 
     technologies.
       (J) The identification of actions necessary to participate 
     in a global nuclear liability regime based on the Convention 
     on Supplementary Compensation for Nuclear Damage, with Annex, 
     done at Vienna September 12, 1997 (TIAS 15-415).
       (K) Stakeholder engagement.
       (L) Management of spent nuclear fuel and nuclear waste.
       (M) Any other major activities to support the establishment 
     of a civil nuclear program, such as the establishment of 
     export, financing, construction, training, operations, and 
     education requirements.
       (3) Clarification.--Financial assistance under this 
     subsection may be provided to an embarking civil nuclear 
     nation in addition to any financial assistance provided to 
     that embarking civil nuclear nation under subsection (b).
       (d) Limitation on Assistance to Embarking Civil Nuclear 
     Nations.--Not later than 1 year after the date of enactment 
     of this Act, the Offices of the Inspectors General for the 
     Department of State and the Department of Energy shall 
     coordinate--
       (1) to establish and submit to the appropriate committees 
     of Congress a joint strategic plan to conduct comprehensive 
     oversight of activities authorized under this section to 
     prevent fraud, waste, and abuse; and
       (2) to engage in independent and effective oversight of 
     activities authorized under this section through joint or 
     individual audits, inspections, investigations, or 
     evaluations.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State to carry out the 
     initiative $50,000,000 for each of fiscal years 2024 through 
     2028.

     SEC. 1099I. BIENNIAL CABINET-LEVEL INTERNATIONAL CONFERENCE 
                   ON NUCLEAR SAFETY, SECURITY, SAFEGUARDS, AND 
                   SUSTAINABILITY.

       (a) In General.--The President, in coordination with 
     international partners, as determined by the President, and 
     industry, shall hold a biennial conference on civil nuclear 
     safety, security, safeguards, and sustainability (referred to 
     in this section as a ``conference'').
       (b) Conference Functions.--It is the sense of Congress that 
     each conference should--
       (1) be a forum in which ally or partner nations may engage 
     with each other for the purpose of reinforcing the commitment 
     to--

[[Page S5475]]

       (A) nuclear safety, security, safeguards, and 
     sustainability;
       (B) environmental safeguards; and
       (C) local community engagement in areas in reasonable 
     proximity to nuclear sites; and
       (2) facilitate--
       (A) the development of--
       (i) joint commitments and goals to improve--

       (I) nuclear safety, security, safeguards, and 
     sustainability;
       (II) environmental safeguards; and
       (III) local community engagement in areas in reasonable 
     proximity to nuclear sites;

       (ii) stronger international institutions that support 
     nuclear safety, security, safeguards, and sustainability;
       (iii) cooperative financing relationships to promote 
     competitive alternatives to Chinese and Russian financing;
       (iv) a standardized financing and project management 
     framework for the construction of civil nuclear power plants;
       (v) a standardized licensing framework for civil nuclear 
     technologies;
       (vi) a strategy to change internal policies of 
     multinational development banks, such as the World Bank, to 
     support the financing of civil nuclear projects;
       (vii) a document containing any lessons learned from 
     countries that have partnered with the Russian Federation or 
     the People's Republic of China with respect to civil nuclear 
     power, including any detrimental outcomes resulting from that 
     partnership; and
       (viii) a global civil nuclear liability regime;
       (B) cooperation for enhancing the overall aspects of civil 
     nuclear power, such as--
       (i) nuclear safety, security, safeguards, and 
     sustainability;
       (ii) nuclear laws (including regulations);
       (iii) waste management;
       (iv) quality management systems;
       (v) technology transfer;
       (vi) human resources development;
       (vii) localization;
       (viii) reactor operations;
       (ix) nuclear liability; and
       (x) decommissioning; and
       (C) the development and determination of the mechanisms 
     described in paragraphs (7) and (8) of section 1099J(a), if 
     the President intends to establish an Advanced Reactor 
     Coordination and Resource Center as described in that 
     section.
       (c) Input From Industry and Government.--It is the sense of 
     Congress that each conference should include a meeting that 
     convenes nuclear industry leaders and leaders of government 
     agencies with expertise relating to nuclear safety, security, 
     safeguards, or sustainability to discuss best practices 
     relating to--
       (1) the safe and secure use, storage, and transport of 
     nuclear and radiological materials;
       (2) managing the evolving cyber threat to nuclear and 
     radiological security; and
       (3) the role that the nuclear industry should play in 
     nuclear and radiological safety, security, and safeguards, 
     including with respect to the safe and secure use, storage, 
     and transport of nuclear and radiological materials, 
     including spent nuclear fuel and nuclear waste.

     SEC. 1099J. ADVANCED REACTOR COORDINATION AND RESOURCE 
                   CENTER.

       (a) In General.--The President shall consider the 
     feasibility of leveraging existing activities or frameworks 
     or, as necessary, establishing a center, to be known as the 
     ``Advanced Reactor Coordination and Resource Center'' 
     (referred to in this section as the ``Center''), for the 
     purposes of--
       (1) identifying qualified organizations and service 
     providers--
       (A) for embarking civil nuclear nations;
       (B) to develop and assemble documents, contracts, and 
     related items required to establish a civil nuclear program; 
     and
       (C) to develop a standardized model for the establishment 
     of a civil nuclear program that can be used by the 
     International Atomic Energy Agency;
       (2) coordinating with countries participating in the Center 
     and with the Nuclear Exports Working Group established under 
     section 1099C(b)--
       (A) to identify funds to support payment for services 
     required to develop a civil nuclear program;
       (B) to provide market analysis; and
       (C) to create--
       (i) project structure models;
       (ii) models for electricity market analysis;
       (iii) models for nonelectric applications market analysis; 
     and
       (iv) financial models;
       (3) identifying and developing the safety, security, 
     safeguards, and nuclear governance required for a civil 
     nuclear program;
       (4) supporting multinational regulatory standards to be 
     developed by countries with civil nuclear programs and 
     experience;
       (5) developing and strengthening communications, 
     engagement, and consensus-building;
       (6) carrying out any other major activities to support 
     export, financing, education, construction, training, and 
     education requirements relating to the establishment of a 
     civil nuclear program;
       (7) developing mechanisms for how to fund and staff the 
     Center; and
       (8) determining mechanisms for the selection of the 
     location or locations of the Center.
       (b) Objective.--The President shall carry out subsection 
     (a) with the objective of establishing the Center if the 
     President determines that it is feasible to do so.

     SEC. 1099K. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED 
                   STATES.

       (a) Commercial Licenses.--Section 103 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the 
     second sentence--
       (1) by inserting ``for a production facility'' after ``No 
     license''; and
       (2) by striking ``any any'' and inserting ``any''.
       (b) Medical Therapy and Research Development Licenses.--
     Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2134(d)) is amended, in the second sentence, by inserting 
     ``for a production facility'' after ``No license''.

     SEC. 1099L. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP.

       (a) Establishment.--There is established a working group, 
     to be known as the ``Strategic Infrastructure Fund Working 
     Group'' (referred to in this section as the ``working 
     group'') to provide input on the feasibility of establishing 
     a program to support strategically important capital-
     intensive infrastructure projects.
       (b) Composition.--The working group shall be--
       (1) led by a White House official, who may be the Assistant 
     (if appointed), who shall serve as the White House focal 
     point with respect to matters relating to the working group; 
     and
       (2) composed of--
       (A) senior-level Federal officials, selected by the head of 
     the applicable Federal agency or organization, from any 
     Federal agency or organization that the President determines 
     to be appropriate;
       (B) other senior-level Federal officials, selected by the 
     head of the applicable Federal agency or organization, from 
     any other Federal agency or organization that the Secretary 
     determines to be appropriate; and
       (C) any senior-level Federal official selected by the White 
     House official described in paragraph (1) from any Federal 
     agency or organization.
       (c) Reporting.--The working group shall report to the 
     National Security Council.
       (d) Duties.--The working group shall--
       (1) provide direction and advice to the officials described 
     in section 1099C(a)(2)(A) and appropriate Federal agencies, 
     as determined by the working group, with respect to the 
     establishment of a Strategic Infrastructure Fund (referred to 
     in this subsection as the ``Fund'') to be used--
       (A) to support those aspects of projects relating to--
       (i) civil nuclear technologies; and
       (ii) microprocessors; and
       (B) for strategic investments identified by the working 
     group; and
       (2) address critical areas in determining the appropriate 
     design for the Fund, including--
       (A) transfer of assets to the Fund;
       (B) transfer of assets from the Fund;
       (C) how assets in the Fund should be invested; and
       (D) governance and implementation of the Fund.
       (e) Report Required.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the working group shall submit to 
     the committees described in paragraph (2) a report on the 
     findings of the working group that includes suggested 
     legislative text for how to establish and structure a 
     Strategic Infrastructure Fund.
       (2) Committees described.--The committees referred to in 
     paragraph (1) are--
       (A) the Committee on Foreign Relations, the Committee on 
     Commerce, Science, and Transportation, the Committee on Armed 
     Services, the Committee on Energy and Natural Resources, the 
     Committee on Environment and Public Works, and the Committee 
     on Finance of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Energy and Commerce, the Committee on Armed Services, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Ways and Means of the House of Representatives.
       (3) Administration of the fund.--The report submitted under 
     paragraph (1) shall include suggested legislative language 
     requiring all expenditures from a Strategic Infrastructure 
     Fund established in accordance with this section to be 
     administered by the Secretary of State (or a designee of the 
     Secretary of State).

     SEC. 1099M. JOINT ASSESSMENT BETWEEN THE UNITED STATES AND 
                   INDIA ON NUCLEAR LIABILITY RULES.

       (a) In General.--The Secretary of State, in consultation 
     with the heads of other relevant Federal departments and 
     agencies, shall establish and maintain within the U.S.-India 
     Strategic Security Dialogue a joint consultative mechanism 
     with the Government of the Republic of India that convenes on 
     a recurring basis--
       (1) to assess the implementation of the Agreement for 
     Cooperation between the Government of the United States of 
     America and the Government of India Concerning Peaceful Uses 
     of Nuclear Energy, signed at Washington October 10, 2008 
     (TIAS 08-1206);
       (2) to discuss opportunities for the Republic of India to 
     align domestic nuclear liability rules with international 
     norms; and
       (3) to develop a strategy for the United States and the 
     Republic of India to pursue bilateral and multilateral 
     diplomatic engagements related to analyzing and implementing 
     those opportunities.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, and

[[Page S5476]]

     annually thereafter for 5 years, the Secretary of State, in 
     consultation with the heads of other relevant Federal 
     departments and agencies, shall submit to the appropriate 
     committees of Congress a report that describes the joint 
     assessment developed pursuant to subsection (a)(1).

     SEC. 1099N. RULE OF CONSTRUCTION.

       Nothing in this subtitle may be construed to alter or 
     otherwise affect the interpretation or implementation of 
     section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153).
                                 ______
                                 
  SA 3148. Ms. SMITH (for herself and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title X, add the following: 

     SEC. 1014. SENSE OF CONGRESS ON NATIONAL GUARD COUNTERDRUG 
                   PROGRAM.

       It is the sense of Congress that the National Guard 
     Counterdrug Program must be included as part of the overall 
     response of the Department of Defense to the fentanyl and 
     synthetic opioid crisis.
                                 ______
                                 
  SA 3149. 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. 10__. CONSULTATION UNDER CERTAIN LAND AND RESOURCE 
                   MANAGEMENT PLANS AND LAND USE PLANS.

       (a) National Forest System Land and Resource Management 
     Plans.--Section 6(d) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended 
     by striking paragraph (2) and inserting the following:
       ``(2) No additional consultation required after approval of 
     land management plans.--Notwithstanding any other provision 
     of law, the Secretary shall not be required to reinitiate 
     consultation under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) or section 402.16 of title 50, Code of 
     Federal Regulations (or a successor regulation), on a 
     completed land and resource management plan that has no on-
     the-ground effects when--
       ``(A) a new species is listed or a new critical habitat is 
     designated under that Act (16 U.S.C. 1531 et seq.); or
       ``(B) new information reveals effects of the land and 
     resource management plan that may affect a species listed or 
     critical habitat designated under that Act in a manner or to 
     an extent not previously considered.''.
       (b) Bureau of Land Management Land Use Plans.--Section 202 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712) is amended by adding at the end the following:
       ``(g) No Additional Consultation Required After Approval of 
     Land Use Plans.--Notwithstanding any other provision of law, 
     the Secretary shall not be required to reinitiate 
     consultation under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536) or section 402.16 of title 50, Code of 
     Federal Regulations (or a successor regulation), on a 
     completed land use plan that has no on-the-ground effects 
     when--
       ``(1) a new species is listed or a new critical habitat is 
     designated under that Act (16 U.S.C. 1531 et seq.); or
       ``(2) new information reveals effects of the land use plan 
     that may affect a species listed or critical habitat 
     designated under that Act in a manner or to an extent not 
     previously considered.''.
                                 ______
                                 
  SA 3150. 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 
     appropriate committees of Congress 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.
       (d) 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 
     Commerce, Science, and Transportation of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.
                                 ______
                                 
  SA 3151. 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. __. MONITORING AND ENFORCEMENT BY COMMITTEE ON FOREIGN 
                   INVESTMENT IN THE UNITED STATES.

       (a) Enhancing Monitoring and Enforcement of National 
     Security Mitigation Agreements.--
       (1) Procedures.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Treasury (in 
     the subsection referred to as the ``Secretary''), as the 
     chairperson of the Committee on Foreign Investment in the 
     United States (in this subsection referred to as the 
     ``Committee''), shall promulgate procedures for the Committee 
     with respect to the implementation, monitoring, and 
     enforcement of national security mitigation agreements and 
     conditions entered into or imposed by the Committee pursuant 
     to section 721(l)(3) of the Defense Production Act of 1950 
     (50 U.S.C. 4565(l)(3)), including with respect to--
       (A) a consistent approach to monitoring, evaluating, and 
     enforcing the implementation of and compliance with such 
     agreements and conditions;
       (B) on-site compliance reviews conducted under such 
     agreements and conditions; and
       (C) the use of third-party auditors and monitors.
       (2) Guidance.--Not later than one year after the date of 
     the enactment of this Act, the Secretary shall publish such 
     guidance as may be appropriate to clarify expectations with 
     respect to periodic reporting and the submission of certain 
     information to the Committee and lead agencies designated 
     under subsection (k)(5) of section 721 of the Defense 
     Production Act of 1950 (50 U.S.C. 4565) in connection with a 
     national security mitigation agreement or condition entered 
     into or imposed pursuant to subsection (l)(3) of that 
     section.
       (3) Centralization of monitoring and enforcement 
     functions.--Section 721(q)(2) of the Defense Production Act 
     of 1950 (50 U.S.C. 4565(q)(2)) is amended by inserting before 
     the period the following: ``, such as monitoring of 
     agreements and conditions entered into or imposed under 
     subsection (l) and enforcement of this section.''.
       (b) Mandatory Declarations of Transactions Relating to 
     Critical Infrastructure and Critical Technologies.--Section 
     721(b)(1)(C)(v)(IV)(cc) of the Defense Production Act of 1950 
     (50 U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended by striking 
     ``subsection (a)(4)(B)(iii)(II)'' and inserting ``subclause 
     (I) or (II) of subsection (a)(4)(B)(iii)''.
                                 ______
                                 
  SA 3152. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title XII, add the following:

[[Page S5477]]

  


     SEC. 1291. CLARIFICATION OF AUTHORITY OF BUREAU OF INDUSTRY 
                   AND SECURITY TO IMPOSE EXPORT CONTROLS ON 
                   CERTAIN FOREIGN-PRODUCED ITEMS.

       Section 1742 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4801) is amended--
       (1) by redesignating paragraphs (8) through (14) as 
     paragraphs (9) through (15), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) Item subject to the jurisdiction of the united 
     states.--
       ``(A) In general.--For purposes of part I, the term `item 
     subject to the jurisdiction of the United States' includes a 
     foreign-produced item that--
       ``(i) is in the United States, including in a foreign trade 
     zone or moving in transit through the United States from one 
     foreign country to another foreign country;
       ``(ii) is commingled with, draws from, is bundled with, or 
     otherwise incorporates United States-origin content;
       ``(iii)(I) is destined to a prohibited destination or end 
     user identified in the Export Administration Regulations; and
       ``(II)(aa) is the direct product of--

       ``(AA) United States-origin technology or software; or
       ``(BB) foreign technology or software that is commingled 
     with, draws from, is bundled with, or otherwise incorporates 
     United States-origin technology or software; or

       ``(bb) is produced by any complete plant or major component 
     of a plant located outside the United States, if the complete 
     plant or major component of a plant, whether made in the 
     United States or a foreign country, is itself a direct 
     product of--

       ``(AA) United States-origin technology or software; or
       ``(BB) foreign technology or software that is commingled 
     with, draws from, is bundled with, or otherwise incorporates 
     United States-origin technology or software; or

       ``(iv) contains or is a direct product of an item produced 
     pursuant to the circumstances described in clause (iii).
       ``(B) Additional definitions.--For purposes of subparagraph 
     (A):
       ``(i) Direct product; major component.--The terms `direct 
     product' and `major component' have the meanings given those 
     terms in section 734.9 of the Export Administration 
     Regulations (or a successor regulation).
       ``(ii) Foreign trade zone.--The term `foreign trade zone' 
     means a zone established pursuant to the Act of June 18, 1934 
     (commonly known as the `Foreign Trade Zones Act') (48 Stat. 
     998, chapter 590; 19 U.S.C. 81a et seq.).
       ``(iii) Produce.--The term `produce' means production (as 
     defined in section 772.1 of the Export Administration 
     Regulations (or a successor regulation)).
       ``(iv) Software.--The term `software' has the meaning given 
     that term in section 772.1 of the Export Administration 
     Regulations (or a successor regulation).''.
                                 ______
                                 
  SA 3153. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. ATTRACTING HIGHLY QUALIFIED EXPERTS TO BUREAU OF 
                   INDUSTRY AND SECURITY.

       Part III of the Export Control Reform Act of 2018 (50 
     U.S.C. 4851 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1783. ATTRACTING HIGHLY QUALIFIED EXPERTS TO BUREAU OF 
                   INDUSTRY AND SECURITY.

       ``(a) In General.--The Under Secretary of Commerce for 
     Industry and Security (in this section referred to as the 
     `Under Secretary') may carry out a program using the 
     authority provided in subsection (b) in order to attract to 
     the Bureau of Industry and Security highly qualified experts 
     in needed occupations, as determined by the Under Secretary.
       ``(b) Authority.--Under the program under this section, the 
     Under Secretary may--
       ``(1) appoint personnel from outside the civil service (as 
     defined in section 2101 of title 5, United States Code) to 
     positions in the Bureau of Industry and Security without 
     regard to any provision of title 5, United States Code, 
     governing the appointment of employees to positions in the 
     Bureau; and
       ``(2) prescribe the rates of basic pay for positions to 
     which employees are appointed under paragraph (1) at rates 
     not in excess of the maximum rate of basic pay authorized for 
     senior-level positions under section 5376 of title 5, United 
     States Code, as increased by locality-based comparability 
     payments under section 5304 of that title, notwithstanding 
     any provision of that title governing the rates of pay or 
     classification of employees in the executive branch.
       ``(c) Limitation on Term of Appointment.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     service of an employee under an appointment made pursuant to 
     this section may not exceed 5 years.
       ``(2) Extensions.--The Under Secretary may, in the case of 
     a particular employee, extend the period to which service is 
     limited under paragraph (1) by up to 1 additional year if the 
     Under Secretary determines that such action is necessary to 
     promote the national security, foreign policy, and economic 
     objectives of the United States.
       ``(d) Limitation on Total Annual Compensation.--
     Notwithstanding any other provision of this subsection or of 
     section 5307 of title 5, United States Code, no additional 
     payments may be paid to an employee under this section in any 
     calendar year if, or to the extent that, the employee's total 
     annual compensation will exceed the maximum amount of total 
     annual compensation payable at the salary set in accordance 
     with section 104 of title 3, United States Code.
       ``(e) Limitation on Number of Highly Qualified Experts.--
     The number of highly qualified experts appointed and retained 
     by the Under Secretary under subsection (b)(1) shall not 
     exceed 50 at any time.
       ``(f) Savings Provisions.--In the event that the Under 
     Secretary terminates the program under this section, in the 
     case of an employee who, on the day before the termination of 
     the program, is serving in a position pursuant to an 
     appointment under this section--
       ``(1) the termination of the program does not terminate the 
     employee's employment in that position before the expiration 
     of the lesser of--
       ``(A) the period for which the employee was appointed; or
       ``(B) the period to which the employee's service is limited 
     under subsection (c), including any extension made under this 
     section before the termination of the program; and
       ``(2) the rate of basic pay prescribed for the position 
     under this section may not be reduced as long as the employee 
     continues to serve in the position without a break in 
     service.''.
                                 ______
                                 
  SA 3154. Mr. WHITEHOUSE (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. ___. COORDINATOR FOR COMBATING FOREIGN KLEPTOCRACY AND 
                   CORRUPTION.

       (a) In General.--Section 101 of the National Security Act 
     of 1947 (50 U.S.C. 3021) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) assess the national security implications of foreign 
     corruption and kleptocracy (including strategic corruption) 
     and coordinate, without assuming operational authority, the 
     United States Government efforts to counter foreign 
     corruption and kleptocracy.'';
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following:
       ``(h) Coordinator for Combating Foreign Kleptocracy and 
     Corruption.--
       ``(1) In general.--The President shall designate an officer 
     of the National Security Council to be responsible for--
       ``(A) the assessment of the national security implications 
     of foreign corruption and kleptocracy (including strategic 
     corruption); and
       ``(B) the coordination of the interagency process to 
     counter foreign corruption and kleptocracy.
       ``(2) Responsibilities.--In addition to the coordination 
     and assessment described in paragraph (1), the officer 
     designated pursuant to paragraph (1) shall be responsible for 
     the following:
       ``(A) Coordinating and deconflicting anti-corruption and 
     counter-kleptocracy initiatives across the Federal 
     Government, including those at the Department of State, the 
     Department of the Treasury, the Department of Justice, and 
     the United States Agency for International Development.
       ``(B) Informing deliberations of the Council by 
     highlighting the wide-ranging and destabilizing effects of 
     corruption on a variety of issues, including drug 
     trafficking, arms trafficking, sanctions evasion, cybercrime, 
     voting rights and global democracy initiatives, and other 
     matters of national security concern to the Council.
       ``(C) Updating, as appropriate, and coordinating the 
     implementation of the United States strategy on countering 
     corruption.
       ``(3) Coordination with coordinator for combating malign 
     foreign influence operations and campaigns.--The officer 
     designated under paragraph (1) of this subsection shall 
     coordinate with the employee designated under subsection 
     (g)(1).
       ``(4) Liaison.--The officer designated under paragraph (1) 
     shall serve as a liaison, for purposes of coordination 
     described in such paragraph and paragraph (2)(A), with the 
     following:

[[Page S5478]]

       ``(A) The Department of State.
       ``(B) The Department of the Treasury.
       ``(C) The Department of Justice.
       ``(D) The intelligence community.
       ``(E) The United States Agency for International 
     Development.
       ``(F) Any other Federal agency that the President considers 
     appropriate.
       ``(G) Good government transparency groups in civil society.
       ``(5) Congressional briefing.--
       ``(A) In general.--Not less frequently than once each year, 
     the officer designated pursuant to paragraph (1), or the 
     officer's designee, shall provide to the congressional 
     committees specified in subparagraph (B) a briefing on the 
     responsibilities and activities of the officer designated 
     under this subsection.
       ``(B) Committees specified.--The congressional committees 
     specified in this subparagraph are the following:
       ``(i) The Committee on Foreign Relations, the Select 
     Committee on Intelligence, the Committee on Banking, Housing, 
     and Urban Affairs, the Committee on the Judiciary, and the 
     Caucus on International Narcotics Control of the Senate.
       ``(ii) The Committee on Foreign Affairs, the Permanent 
     Select Committee on Intelligence, the Committee on Financial 
     Services, and the Committee on the Judiciary of the House of 
     Representatives.''.
       (b) Rule of Construction.--Nothing in subsection (h) of 
     section 101 of such Act, as added by subsection (a)(3), shall 
     be construed to prohibit the officer designated pursuant to 
     such subsection (h) from serving in any additional roles or 
     positions or being assigned any responsibilities not set 
     forth under such subsection (h).
                                 ______
                                 
  SA 3155. Mr. WYDEN submitted an amendment intended to be proposed 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; which was ordered to lie on the 
table; as follows:

        On page 11, insert the following after line 17:
       (3) availing themselves of privacy-enhancing technologies 
     or designs, including encrypted communications.
                                 ______
                                 
  SA 3156. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. PACIFIC ISLANDS RESTORATION AND HAZARDS REMOVAL 
                   PROGRAM.

       (a) In General.--The Secretary of State shall establish an 
     Pacific Islands Restoration and Hazards Removal Program (in 
     this section referred to as the ``Program'').
       (b) Purpose.--The purpose of the Program is--
       (1) to coordinate with the Pacific Island countries--
       (A) to support survey and clearance operations of buried 
     and abandoned bombs, mortars, artillery shells, and 
     unexploded ordnance from battlefields of World War II; and
       (B) to identify, isolate, and, where appropriate, mitigate 
     environmental risks associated with submerged maritime 
     vessels that pose a threat to public health or marine 
     resources because of the presence of oil, fuel, corrosive 
     metals, or other toxins; and
       (2) to build the national capacity of the Pacific Island 
     countries to identify, isolate, and mitigate risks related to 
     explosive ordnance hazards, submerged maritime vessels, or 
     related hazardous marine debris through survey and disposal 
     training, funding to nongovernmental organizations, and 
     support to regional cooperation initiatives with countries 
     that are partners and allies of the United States, including 
     Australia, France, Japan, New Zealand, the Republic of Korea, 
     and the United Kingdom.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State $1,000,000 for 
     each of fiscal years 2025 through 2029 to carry out this 
     section.
                                 ______
                                 
  SA 3157. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. INCLUSION OF PACIFIC ISLAND COUNTRIES IN 
                   DEPARTMENT OF STATE AND USAID PLANNING AND 
                   PROGRAM EVALUATION PROCESSES.

       (a) In General.--The Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development (in this section referred to as 
     ``USAID''), shall include Pacific Island countries in 
     existing strategic planning and multi-sector program 
     evaluation processes, including the Integrated Country 
     Strategies of the Department of State, the Country 
     Development Cooperation Strategies of USAID, and the Joint 
     Strategic Plan of the Department and USAID.
       (b) Programmatic Considerations.--Evaluations and 
     considerations for Pacific Island countries in the program 
     planning and strategic development processes described in 
     subsection (a) should include--
       (1) descriptions of the diplomatic and development 
     challenges of each Pacific Island country as those challenges 
     relate to the strategic, economic, and humanitarian interests 
     of the United States;
       (2) reviews of existing Department of State and USAID 
     programs to address the diplomatic and development challenges 
     of those countries identified under paragraph (1);
       (3) descriptions of the barriers, if any, to increasing 
     Department of State and USAID programming to Pacific Island 
     countries, including--
       (A) the income level of Pacific Island countries relative 
     to other regions where there is high demand for United States 
     foreign assistance to support development needs;
       (B) the relative capacity of Pacific Island countries to 
     absorb United States foreign assistance for diplomatic and 
     development needs through partner governments and civil 
     society institutions; and
       (C) any other factor that the Secretary or the 
     Administrator determines may constitute a barrier to 
     deploying or increasing United States foreign assistance to 
     the Pacific Island countries;
       (4) assessments of the presence of, degree of international 
     development by, partner country indebtedness to, and 
     political influence of malign foreign governments, such as 
     the Government of the People's Republic of China, and non-
     state actors;
       (5) assessments of new foreign economic assistance 
     modalities that could strengthen United States foreign 
     assistance in to Pacific Island countries, including the 
     deployment of technical assistance and asset recovery tools 
     to partner governments and civil society institutions to help 
     develop the capacity and expertise necessary to achieve self-
     sufficiency;
       (6) an evaluation of the existing budget and resource 
     management processes for the mission and work of the 
     Department of State and USAID with respect to programming in 
     Pacific Island countries;
       (7) an explanation of how the Secretary and the 
     Administrator will use existing programming processes, 
     including those with respect to development of an Integrated 
     Country Strategy, a Country Development Cooperation Strategy, 
     and the Joint Strategic Plan to advance the long-term growth, 
     governance, economic development, and resilience of Pacific 
     Island countries; and
       (8) any recommendations about appropriate budgetary, 
     resource management, and programmatic changes necessary to 
     assist in strengthening United States foreign assistance 
     programming in the Pacific Island countries.
                                 ______
                                 
  SA 3158. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. REPORT ON ESTABLISHING A PACIFIC ISLANDS SECURITY 
                   DIALOGUE.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives a report assessing the feasibility and 
     advisability of establishing a United States-based public-
     private sponsored security dialogue (to be known as the 
     ``Pacific Islands Security Dialogue'') among the Pacific 
     Islands for the purposes of jointly exploring and discussing 
     issues affecting the economic, diplomatic, and national 
     security of the Pacific Islands.
       (b) Report Required.--The report required by subsection (a) 
     shall, at a minimum, include the following:
       (1) A review of the ability of the Department of State to 
     participate in a public-private sponsored security dialogue.
       (2) A survey of Pacific Island countries on their interest 
     in engaging in such a dialogue and potential topics for 
     discussion.
       (3) An assessment of the potential locations for conducting 
     a Pacific Islands Security Dialogue in the jurisdiction of 
     the United States.
       (4) Consideration of dates for conducting a Pacific Islands 
     Security Dialogue that would maximize participation of 
     representatives from the Pacific Islands.
       (5) A review of the funding modalities available to the 
     Department of State to help finance a Pacific Islands 
     Security Dialogue, including grant-making authorities 
     available to the Department of State.
       (6) An assessment of any administrative, statutory, or 
     other legal limitations that

[[Page S5479]]

     would prevent the establishment of a Pacific Islands Security 
     Dialogue with participation and support of the Department of 
     State as described in subsection (a).
       (7) An analysis of how a Pacific Islands Security Dialogue 
     could help to advance the Boe Declaration on Regional 
     Security, including its emphasis on the changing environment 
     as the greatest existential threat to the Pacific Islands.
       (8) An evaluation of how a Pacific Islands Security 
     Dialogue could help amplify the issues and work of existing 
     regional structures and organizations dedicated to the 
     security of the Pacific Islands region, such as the Pacific 
     Island Forum and Pacific Environmental Security Forum.
       (9) An analysis of how a Pacific Islands Security Dialogue 
     would help with the implementation of the Pacific Partnership 
     Strategy of the United States and the National Security 
     Strategy of the United States.
       (c) Interagency Consultation.--To the extent practicable, 
     the Secretary of State may consult with the Secretary of 
     Defense and, where appropriate, evaluate the lessons learned 
     of the Regional Centers for Security Studies of the 
     Department of Defense to determine the feasibility and 
     advisability of establishing the Pacific Islands Security 
     Dialogue.
                                 ______
                                 
  SA 3159. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1266. PACIFIC ISLANDS STRATEGIC INFRASTRUCTURE 
                   INITIATIVE.

       (a) In General.--The Secretary of State, in concurrence 
     with the Director of the United States Trade and Development 
     Agency, and in collaboration with the Administrator of the 
     United States Agency for International Development, the 
     Secretary of Transportation, the Chief of Engineers, and the 
     Secretary of Energy, working through the directors of the 
     national laboratories of the Department of Energy, the 
     Secretary of the Treasury, and the Secretary of Defense, 
     shall develop a program to catalyze sustainable, resilient 
     infrastructure throughout the Pacific Islands, including by 
     providing frequent and meaningful technical assistance to 
     inform the needs assessments and planning of Pacific Island 
     countries to protect against threats to critical 
     infrastructure.
       (b) Goals.--The goal of the program established under 
     subsection (a) is to strengthen United States support of 
     Pacific Island countries in assessing--
       (1) existing and forecasted threats to the functionality 
     and safety of infrastructure resulting from sea-level 
     fluctuation, salt water intrusion, extreme weather, or other 
     severe changes in the environment, as well as cyber threats 
     and any other security risks that disrupt essential services 
     or threaten public health;
       (2) the strategies, designs, and engineering techniques for 
     reinforcing or rebuilding failing infrastructure in ways that 
     with withstand and maintain function in light of existing and 
     forecasted threats to community infrastructure;
       (3) the rate and sources of deterioration, structural 
     deficiencies, and most pressing risks to public safety from 
     aging and failing infrastructure;
       (4) priorities for infrastructure improvement, 
     reinforcement, re-engineering, or replacement based on the 
     significance of infrastructure to ensuring public health, 
     safety, and economic growth;
       (5) risks associated with the interconnectedness of supply 
     chains and technology, communications, and financial systems;
       (6) the policy and governance needed to strengthen critical 
     infrastructure resilience, including with respect to 
     infrastructure financing to meet the contemporary needs of 
     Pacific Islanders; and
       (7) the plan for leveraging regional funding mechanisms, 
     including the Pacific Resilience Facility, as well as 
     bilateral assistance and global multilateral financing to 
     coordinate international financial support for infrastructure 
     projects.
       (c) Activities.--To achieve the purpose of the program 
     established under subsection (a), the Secretary is encouraged 
     to consider the following activities:
       (1) Educational and information sharing with Pacific Island 
     countries that helps develop the local capacity of government 
     and civil society leaders to evaluate localized critical 
     infrastructure risks, interdependencies across systems, and 
     risk-mitigation solutions.
       (2) Technology exchanges that provide Pacific Island 
     countries with access to proven, cost-effective solutions for 
     mitigating the risks associated with critical infrastructure 
     vulnerabilities and related interdependencies.
       (3) Financial and budget management and related technical 
     assistance that provide Pacific Island countries with 
     additional capacity to access, manage, and service financing 
     for contemporary infrastructure projects to support the 
     resilience needs of communities in the Pacific Islands.
                                 ______
                                 
  SA 3160. Mr. CARDIN (for himself, Mr. Kaine, Mr. Murphy, Ms. Warren, 
and 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--Americas Regional Monitoring of Arms Sales

     SECTION 1291. SHORT TITLES.

       (a) Short Titles.--This subtitle may be cited as the 
     ``Americas Regional Monitoring of Arms Sales Act of 2024'' or 
     the ``ARMAS Act''.

     SEC. 1292. FINDINGS.

       Congress finds the following:
       (1) Violence in Mexico, Central America, and the Caribbean 
     is exacerbated by firearms originating in the United States.
       (2) While firearms are trafficked to Mexico from a variety 
     of countries, firearms originating in the United States 
     account for 70 percent of the firearms recovered and traced 
     from crimes in Mexico, according to the 2021 Government 
     Accountability Office (referred to in this section as 
     ``GAO'') report published by the Comptroller General of the 
     United States titled ``Firearms Trafficking: U.S. Efforts to 
     Disrupt Gun Smuggling into Mexico Would Benefit from 
     Additional Data and Analysis''.
       (3) United States-origin firearm flows contribute to human 
     rights violations, organized crime and gang violence, 
     extrajudicial killings, high homicide rates, domestic 
     violence, and femicides in Mexico, Central America, and the 
     Caribbean.
       (4) Firearms trafficking from the United States and firearm 
     violence are key drivers of immigration and asylum claims 
     from Central America.
       (5) According to the United Nations Regional Centre for 
     Peace, Disarmament and Development in Latin America and the 
     Caribbean, firearms are used in 70 percent of homicides in 
     the Caribbean compared to 30 percent globally, and while the 
     Caribbean constitutes less than 1 percent of the global 
     population, 23 percent of all recorded homicides worldwide 
     take place in the Caribbean.
       (6) In an August 2022 press conference, Homeland Security 
     Investigations officials reported a ``marked uptick in the 
     number of weapons'', and an increase in the caliber and type 
     of weapons, being illegally trafficked to Haiti and the rest 
     of the Caribbean.
       (7) The Caribbean Basin Security Initiative of the 
     Department of State, which commenced in 2009--
       (A) is the regional foreign assistance program of the 
     United States that seeks to reduce illicit trafficking in the 
     Caribbean region and advance public safety and security;
       (B) seeks to improve the capacity of Caribbean countries to 
     intercept smuggled weapons at airports and seaports; and
       (C) provides support for forensic ballistics and firearms 
     destruction and stockpile management; and
       (D) has also included support for regional organizations, 
     including--
       (i) the Caribbean Community Implementation Agency for Crime 
     and Security (CARICOM IMPACS), which based in Trinidad and 
     Tobago, and is the lead agency involved in the issue of 
     illicit firearms trafficking and increasing the capacity of 
     member states to detect and prevent firearms trafficking; and
       (ii) the Eastern Caribbean's Regional Security System, 
     which is based in Barbados.
       (8) The Central America Regional Security Initiative of the 
     Department of State has been working since 2010 to promote 
     long-term investments in Central America--
       (A) to increase citizen security;
       (B) to disrupt illicit trafficking; and
       (C) to enhance the capacity and accountability of 
     governments in the region to establish effective state-
     presence and security in violent communities.
       (9) Two GAO reports on firearms trafficking, which were 
     published in 2021 and 2022, respectively, have affirmed that 
     firearms trafficking to Mexico and Central America continues 
     to represent a security concern to the United States, as 
     United States-origin firearms are diverted from legitimate 
     owners and end up in the hands of violent criminals, 
     including drug traffickers and other transnational criminal 
     organizations. A GAO report on the effect of firearms 
     trafficking in the Caribbean has not yet been compiled.
       (10) In the reports referred to in paragraph (9), the 
     Comptroller General of the United States found that--
       (A) Federal departments and agencies lacked information and 
     analysis of the firearms trafficking networks in Mexico and 
     Central America;
       (B) few efforts by the United States Government in the 
     region focused on firearms trafficking; and
       (C) as a result, Federal departments and agencies lack a 
     detailed understanding of the firearms trafficking that fuels 
     violence and enables criminals in Belize, El Salvador, 
     Guatemala, Honduras, and Mexico.
       (11) Firearms used to kidnap and kill a group of United 
     States citizens traveling in Matamoros, Mexico were illegally 
     smuggled

[[Page S5480]]

     from the United States into Mexico. The suspect in these 
     killings admitted to Federal agents that he purchased 
     firearms in the United States, smuggled them across the 
     border, and knowingly provided them to members of the Gulf 
     Cartel.
       (12) As the incident described in paragraph (11) 
     demonstrates, United States-sourced firearms are being 
     smuggled and diverted to cartels implicated in the supply and 
     flow of illegal fentanyl and other dangerous drugs, which 
     threatens the public health and safety of United States 
     citizens.
       (13) In the 2022 GAO report ``Firearms Trafficking: More 
     Information Needed to Inform U.S. Efforts in Central 
     America'', the Comptroller General of the United States 
     reported that efforts of the United States Government focused 
     on firearms trafficking in Belize, El Salvador, Guatemala, 
     and Honduras lacked information about relevant country 
     conditions and performance measures to ensure such efforts 
     were designed and implemented to achieve the intended 
     objectives and, as a result, the Comptroller General 
     recommended that the Secretary of State obtain information 
     about the conditions in such countries to support the 
     development of effective programs to reduce the availability 
     of illicit firearms.
       (14) Data on firearms trafficking is limited. Data 
     compilation is crucial to understanding the problem.
       (15) As of the date of the publication of the report 
     referred to in paragraph (13), the Secretary of Commerce had 
     not assigned any agents to Central America on permanent 
     assignment.
       (16) In 2021 and 2022, the annual Country Reports on Human 
     Rights Practices of the Department of State included 
     ``unlawful and arbitrary killings'' as a significant human 
     rights issue in Guatemala. Despite such inclusion, the Under 
     Secretary of Commerce for Industry and Security has 
     authorized approximately 99,270 firearms exports to Guatemala 
     since assuming responsibility for firearms licensing in 2020.
       (17) When firearms were controlled under the United States 
     Munitions List and the licensing of firearms was the 
     responsibility of the Secretary of State, the average number 
     of firearms licensed for export to Guatemala was 
     approximately 4,000 per year.
       (18) The number of exports specified in paragraph (16) 
     represents an extraordinary increase from the number 
     specified in paragraph (17). The Under Secretary of Commerce 
     for Industry and Security has only been able to conduct a 
     very limited number of end-use checks, according to the 2022 
     GAO report ``Firearms Trafficking: More Information Needed to 
     Inform U.S. Efforts in Central America''.
       (19) Since the Department of Commerce gained jurisdiction 
     over the control of firearm export licensing--
       (A) there has been a 42 percent increase in firearm exports 
     compared to averages for such exports when the control of 
     such exports was under the jurisdiction of the Department of 
     State;
       (B) the total value of export licenses approved annually 
     has increased by an estimated $4,450,000,000; and
       (C) the Secretary of Commerce has also approved 95 percent 
     of license applications for such exports.
       (20) According to the Census Bureau, Mexico, Guatemala, and 
     Brazil have been among the top 10 destinations for United 
     States-manufactured semiautomatic firearm exports.
       (21) The 2021 security cooperation plan, titled ``U.S.-
     Mexico Bicentennial Framework for Security, Public Heath, and 
     Safe Communities'', explicitly identifies reducing illicit 
     arms trafficking as a ``Cooperation Area'' with specific 
     objectives--
       (A) to increase efforts to reduce the illicit trafficking 
     of firearms, ammunition, and explosive devices;
       (B) to increase bilateral information sharing on illicit 
     firearms trafficking; and
       (C) to increase investigative and prosecutorial capacity to 
     address illicit firearms trafficking.
       (22) As of March 2023, during the second phase of the 
     Bicentennial Framework referred to in paragraph (21)--
       (A) the United States and Mexico were focusing specifically 
     on stemming firearms trafficking to Mexico; and
       (B) the Department of Justice's Operation Southbound had 
     deployed 9 interagency Firearms Trafficking Task Forces to 8 
     cities along the southwest border to focus on such firearms 
     trafficking, which resulted in the seizure of nearly 2,000 
     firearms during the first 6 months of fiscal year 2023, and 
     represents a 65.8 percent increase in firearms seizures 
     compared to the same period during fiscal year 2022.
       (23) Homeland Security Investigations has reported a surge 
     in firearms trafficking from the United States to Haiti since 
     2021, and the recovery of increasingly sophisticated arms 
     destined for ports in Haiti, including--
       (A) .50 caliber sniper rifles;
       (B) .308 caliber rifles; and
       (C) belt-fed machine guns.
       (24) The 2023 Assessment by the United Nations Office on 
     Drugs and Crime, titled ``Haiti's Criminal Markets: Mapping 
     Trends in Firearms and Drug Trafficking'', outlines the use 
     of increasingly sophisticated methods, including a 2022 
     seizure of containers filled with semi-automatic weapons and 
     handguns addressed to the Episcopal Church and labeled as 
     relief supplies.
       (25) The Bipartisan Safer Communities Act (Public Law 117-
     159), which was enacted into law on June 25, 2022, 
     implemented key efforts to address firearm trafficking, 
     including--
       (A) establishing a Federal criminal offense for firearm 
     trafficking; and
       (B) strengthening the capability of the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives to interdict firearms.
       (26) A growing number of firearms exported by United States 
     manufacturers are found involved in violent crimes worldwide, 
     including the pistol used in a mass shooting of 23 children 
     and two teachers in Thailand in October 2022, which was 
     linked to a United States factory.

     SEC. 1293. 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 Commerce, Science, and Transportation 
     of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Covered country.--The term ``covered country'' means 
     any country designated by the Secretary of State pursuant to 
     section 1296 as a covered country.
       (3) Covered munition.--The term ``covered munition'' 
     means--
       (A) any previously covered item; or
       (B) any item that, on or after the date of the enactment of 
     this Act, is designated for control under Category I, II, or 
     III of the United States Munitions List pursuant to section 
     38 of the Arms Export Control Act (22 U.S.C. 2778) or 
     otherwise subject to control under any such category.
       (4) Firearm.--The term ``firearm'' includes covered 
     munitions.
       (5) Gross violations of internationally recognized human 
     rights.--The term ``gross violations of internationally 
     recognized human rights'' has the meaning given such term in 
     section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2304(d)(1)).
       (6) Previously covered item.--The term ``previously covered 
     item'' means any item that--
       (A) as of March 8, 2020, was included in Category I, II, or 
     III of the United States Munitions List; and
       (B) as of the date of the enactment of this Act, is 
     included on the Commerce Control List.
       (7) Security assistance.--The term ``security assistance'' 
     includes--
       (A) any type of assistance specified in section 502B(d)(2) 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2304); and
       (B) assistance furnished under an international security 
     assistance program of the United States conducted under any 
     other provision of law, including the authorities under 
     chapter 16 of title 10, United States Code.
       (8) United states munitions list.--The term ``United States 
     Munitions List'' means the list maintained pursuant to part 
     121 of title 22, Code of Federal Regulations.

     SEC. 1294. TRANSFER OF REGULATORY CONTROL OF CERTAIN 
                   MUNITIONS EXPORTS FROM DEPARTMENT OF COMMERCE 
                   TO DEPARTMENT OF STATE.

       (a) Transfer.--Not later than 1 year after the date of the 
     enactment of this Act--
       (1) the Secretary of Commerce shall transfer the control 
     over the export of each previously covered item to the 
     jurisdiction of the Department of State; and
       (2) following such transfer, control over the export of any 
     covered munition may not be transferred to the jurisdiction 
     of the Department of Commerce.
       (b) Rulemaking.--The Secretary of State and the Secretary 
     of Commerce shall prescribe such regulations as may be 
     necessary to implement this section by the date specified in 
     subsection (a).
       (c) Prohibition on Promotion of Certain Munitions Exports 
     by Department of Commerce.--The Secretary of Commerce may not 
     take any actions to promote the export of any previously 
     covered item, including actions before, on, or after the date 
     on which the Secretary transfers the control over the export 
     of the previously covered item to the jurisdiction of the 
     Department State under subsection (a).
       (d) Rule of Construction.--Nothing in this section may be 
     construed as limiting any authority relating to the 
     designation, control, or removal of items under the United 
     States Munitions List or the Commerce Control List, other 
     than the specific authority to transfer the control of an 
     item as specified in subsection (a).

     SEC. 1295. REPORTS AND STRATEGY ON DISRUPTION OF ILLEGAL 
                   EXPORT AND TRAFFICKING OF FIREARMS TO MEXICO 
                   AND CERTAIN CENTRAL AMERICAN, CARIBBEAN, AND 
                   SOUTH AMERICAN COUNTRIES.

       (a) Report.--
       (1) Submission.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Commerce, the Attorney 
     General, the Director of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, and the heads of such other Federal 
     departments or agencies as the Secretary of State may 
     determine relevant, shall submit a report to the appropriate 
     congressional committees that describes the efforts of the 
     Secretary of State and the heads of other relevant Federal 
     departments and agencies to disrupt--
       (A) the illegal export or diversion of firearms from the 
     United States to unauthorized

[[Page S5481]]

     recipients in covered countries, including through 
     unauthorized third-party transfers; and
       (B) the illegal trafficking of firearms obtained in the 
     United States to recipients in such countries.
       (2) Matters.--The report required under paragraph (1) shall 
     include, with respect to the efforts specified in such 
     paragraph--
       (A) the identification of any such efforts, including 
     efforts--
       (i) to track and verify information regarding the end-users 
     of firearms so exported, including by entering into data-
     sharing agreements--

       (I) with appropriate counterparts from the governments of 
     such covered countries; and
       (II) between the relevant departments and agencies of the 
     United States Government;

       (ii) to ensure the destruction of surplus firearms so 
     exported;
       (iii) to ensure that firearms so exported are not used to 
     commit extrajudicial killings or other gross violations of 
     internationally recognized human rights;
       (iv) to build the capacity of such covered countries to 
     prevent the trafficking of firearms so exported, including 
     through current programs supported or implemented by the 
     United States Government;
       (v) to track and verify information regarding the end-users 
     of firearms obtained in the United States and illegally 
     trafficked to such covered countries;
       (vi) to combat all forms of cross-border smuggling of 
     firearms from the United States, including via maritime 
     vessels and aircraft;
       (vii) to engage with subnational government officials in 
     such covered countries to effectively implement and enforce 
     agreements relating to the trafficking of firearms that have 
     been concluded between the United States Government and the 
     national government of the respective covered country;
       (viii) to identify the origin of trafficked firearms, 
     including through the serial numbers of trafficked firearms, 
     and sharing such information with relevant law enforcement 
     agencies of--

       (I) the United States;
       (II) the respective covered country; and
       (III) any other country determined relevant for purposes of 
     such information sharing;

       (ix) to implement--

       (I) the ``U.S.-Mexico Bicentennial Framework for Security, 
     Public Heath, and Safe Communities'';
       (II) any successor or subsequent bilateral agreements with 
     Mexico; or
       (III) similar bilateral agreements with any other covered 
     country on combating firearm trafficking, transnational 
     organizations, or fentanyl;

       (x) to implement the recommendations made in--

       (I) the 2021 GAO report titled ``Firearms Trafficking: U.S. 
     Efforts to Disrupt Gun Smuggling into Mexico Would Benefit 
     from Additional Data and Analysis'';
       (II) the 2022 GAO report titled ``Firearms Trafficking: 
     More Information Needed to Inform U.S. Efforts in Central 
     America''; and
       (III) the forthcoming GAO report that focuses on a similar 
     topic for the Caribbean;

       (xi) to enhance cooperation among relevant Federal 
     departments and agencies to combat firearms trafficking and 
     prosecute illegal firearm smugglers;
       (B) an assessment of the results of the efforts described 
     in subparagraph (A); and
       (C) an assessment of the impact that the March 2020 
     decision to transfer jurisdiction over the export of 
     semiautomatic weapons, including assault-style rifles and 
     sniper rifles, from the Department of State to the Department 
     of Commerce has had on the number of and types of firearms 
     manufactured in the United States being sent to covered 
     countries; and
       (D) a description of how homicides, extrajudicial killings, 
     and other gross violations of internationally recognized 
     human rights committed in such covered countries using 
     firearms exported from or obtained in the United States have 
     been investigated.
       (b) Interagency Strategy.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Commerce, taking into account the 
     findings of the report required under subsection (a), shall 
     jointly develop an interagency strategy for the disruption of 
     the trafficking of firearms exported from the United States 
     to recipients in covered countries.
       (2) Elements.--The strategy under paragraph (1) shall 
     include--
       (A) a plan for the United States to accomplish each of the 
     objectives specified in subsection (a)(2)(A);
       (B) the identification of specific performance measures, 
     targets (including the baselines for such targets), and 
     timelines with respect to such objectives;
       (C) an estimate of the resources and personnel necessary to 
     carry out the strategy;
       (D) a plan for cooperation between the Secretary of State, 
     the Secretary of Commerce, and the heads of any other Federal 
     departments or agencies involved in anti-firearm trafficking 
     efforts, including the Attorney General, the Secretary of 
     Homeland Security, and the Director of the Bureau of Alcohol, 
     Tobacco, Firearms, and Explosives; and
       (E) a plan for coordination between the Secretary of State, 
     the Secretary of Commerce, and such heads regarding efforts 
     in countries designated as covered countries under section 5 
     to combat the trafficking of United States-sourced firearms--
       (i) from the United States to such designated countries; 
     and
       (ii) from such designated countries to other countries in 
     the surrounding region.
       (3) Required considerations; consultations.--In developing 
     the strategy required under paragraph (1), the Secretary of 
     State shall--
       (A) consider how the strategy may support or otherwise 
     align with broader efforts of the Secretary of State relating 
     to security assistance, anti-corruption, and the prevention 
     of organized crime and drug and gang violence;
       (B) consider whether the placement in the Western 
     Hemisphere of an export control officer of the Bureau of 
     Industry and Security of the Department of Commerce, or other 
     personnel of the Department of Commerce or the Department of 
     State, would support the strategy;
       (C) consult with the appropriate congressional committees; 
     and
       (D) seek to consult with appropriate counterparts from the 
     government of each covered country.
       (4) Submission to congress.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit the strategy required under paragraph (1) to the 
     appropriate congressional committees.
       (c) Improved Tracking of Trafficked Firearms.--
       (1) Assessment of data availability.--Not later than 180 
     days after the date on which a country is designated (or 
     deemed to be designated, as the case may be) as a covered 
     country pursuant to section 1296, the Secretary of State, in 
     consultation with the Secretary of Commerce, the Attorney 
     General, the Director of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, and the heads of such other Federal 
     departments or agencies as the Secretary of State may 
     determine relevant, shall conduct and submit to the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives an assessment 
     of the extent to which the law enforcement agencies of such 
     covered country make available to the United States 
     Government forensic information of trafficked firearms.
       (2) Addressing gaps in data.--For the duration of the 
     period during which a country is designated as a covered 
     country pursuant to section 1296, the Secretary of State 
     shall--
       (A) seek to engage with the foreign counterparts of the 
     government of such covered country to improve the collection 
     and sharing of the forensic information of trafficked 
     firearms confiscated by the law enforcement agencies of such 
     covered country; and
       (B) promptly provide any such forensic information shared 
     pursuant to subparagraph (A) to the relevant Federal, State, 
     and local law enforcement agencies for purposes of use in 
     criminal or civil investigations into violations of relevant 
     United States Federal laws, including the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.).
       (3) Defined term.--In this subsection, the term ``forensic 
     information'', with respect to a trafficked firearm, 
     includes--
       (A) the serial number of the firearm; and
       (B) any other information that may be used to identify the 
     origin of the firearm or any person or organization involved 
     in the trafficking of the firearm.
       (d) Annual Report.--
       (1) Submission.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary or Secretaries concerned (in consultation with the 
     heads of such other Federal departments or agencies as the 
     Secretary or Secretaries concerned may determine relevant) 
     shall submit a report to the appropriate congressional 
     committees that describes the export of covered munitions to 
     covered countries.
       (2) Matters.--Each report under paragraph (1) shall 
     include, with respect to the year for which the report is 
     submitted, disaggregated by country--
       (A) information regarding license applications approved or 
     denied by the Department of State or the Department of 
     Commerce, and previously issued licenses for the export of 
     covered munitions to proposed recipients in covered countries 
     that have been modified or revoked ;
       (B) information regarding how evolving country contexts, 
     including with respect to developments in human rights, 
     affected the approval of license applications for such 
     exports;
       (C) the number of licenses issued for the export of covered 
     munitions to proposed recipients in covered countries;
       (D) the number of covered munitions exported to recipients 
     in covered countries;
       (E) with respect to end-user checks for covered munitions 
     exported to recipients in covered countries conducted 
     pursuant to section 38(g)(7) of the Arms Export Control Act 
     (22 U.S.C. 2778(g)(7)) (commonly referred to as the ``Blue 
     Lantern'' program), the monitoring program established under 
     the second section 40A of the Arms Export Control Act (22 
     U.S.C. 2785) (as added by section 150(a) of Public Law 104-
     164), or any other applicable program of the Department of 
     Commerce or the Department of State--
       (i) the number of such end-user checks requested;
       (ii) the number of such end-user checks conducted;
       (iii) the type of such end-user checks conducted; and
       (iv) the results of such end-user checks conducted;

[[Page S5482]]

       (F) information on the extent to which the heads of the 
     governments of covered countries shared with the Secretary or 
     Secretaries concerned and the heads of other relevant Federal 
     departments and agencies (such as the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives) data relating to the 
     receipt and end-use of covered munitions exported from the 
     United States, and the type of data so shared; and
       (G) for each covered country, a description of the United 
     States funding and resources allocated for the purpose of 
     disrupting trafficking of covered munitions.
       (3) Defined term.--In this subsection, the term ``Secretary 
     or Secretaries concerned'' means--
       (A) if a single Federal department or agency has 
     jurisdiction over the export control of covered munitions, 
     the head of such Federal department or agency; or
       (B) if multiple Federal departments or agencies have 
     jurisdiction over the export control of covered munitions, 
     the head of each such Federal department or agency.

     SEC. 1296. DESIGNATION OF COVERED COUNTRIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Bahamas, Belize, Brazil, 
     Colombia, Ecuador, El Salvador, Guatemala, Honduras, Mexico, 
     Haiti, Jamaica, and Trinidad and Tobago shall be designated 
     by the Secretary of State as covered countries for purposes 
     of this Act.
       (b) Termination of Designation.--The countries designated 
     pursuant to subsection (a) shall continue to be so designated 
     during the 5-year period beginning on the date of enactment 
     of this Act, after which period the Secretary of State may 
     terminate the designation with respect to any such country 
     if, at least 180 days before such termination, the Secretary 
     submits a notification of such termination to the appropriate 
     congressional committees.

     SEC. 1297. CERTIFICATION REQUIREMENTS RELATING TO CERTAIN 
                   MUNITIONS EXPORTS.

       (a) Initial Certification; Prohibition.--
       (1) In general.--Except as provided in paragraph (2), no 
     covered munition may be transferred to the government of a 
     covered country, or any other organization, citizen, or 
     resident of such covered country, until the Secretary of 
     State submits to the appropriate congressional committees a 
     certification that the program required under subsection (c) 
     has been established.
       (2) Waiver.--During the 1-year period beginning on the 
     effective date described in subsection (d), the Secretary of 
     State may waive the certification requirement under paragraph 
     (1) with respect to the transfer of a covered munition to the 
     government of a country described in paragraph (1) if the 
     Secretary--
       (A) certifies to the appropriate congressional committees 
     that such waiver is in the national security interest of the 
     United States; and
       (B) includes a written justification with such 
     certification.
       (b) Review and Recertification.--
       (1) In general.--Not later than 3 years after the date of 
     the submission of the certification pursuant to subsection 
     (a) for a covered country, and annually thereafter until such 
     time as the designation of such country is terminated 
     pursuant to section 1296(b), the Secretary of State shall 
     review, and submit to the appropriate congressional 
     committees a recertification of, such certification.
       (2) Prohibition.--If the Secretary of State is unable to 
     recertify a covered country as required under paragraph (1), 
     no covered munition may be transferred to the government of 
     the covered country, or any other organization, citizen, or 
     resident of such covered country, until the date on which the 
     Secretary is able to so recertify.
       (c) Program.--
       (1) Establishment.--The Secretary of State shall establish 
     and carry out a program under which the Secretary shall 
     prohibit the retransfer of covered munitions transferred to 
     covered countries without the consent of the United States 
     and provide for the registration and end-use monitoring of 
     such covered munitions in accordance with the requirements 
     described in paragraph (2).
       (2) Requirements.--
       (A) Detailed record.--The Secretary shall maintain a 
     detailed record of the origin, shipping, and distribution of 
     covered munitions transferred to covered countries.
       (B) Registration.--The Secretary shall register the serial 
     numbers of all covered munitions, which shall be provided to 
     the governments of covered countries and other organizations, 
     citizens, and residents within such covered countries.
       (C) End-use monitoring.--The Secretary shall carry out a 
     program for the end-use monitoring of covered munitions 
     transferred to the entities and individuals described in 
     subparagraph (B).
       (3) Review of database.--In prohibiting the retransfer of 
     covered munitions without the consent of the United States 
     pursuant to the program established pursuant to paragraph 
     (1), the Secretary of State, in consultation with the 
     Secretary of Commerce, shall--
       (A) review the database of the Department of State that 
     stores records relating to vetting conducted pursuant to 
     section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2378d) or section 362 of title 10, United States Code, known 
     as the ``International Vetting and Security Tracking-cloud 
     system'' or ``INVEST system'' (or any successor database), 
     for any such records relating to the prospective recipients 
     of such retransfer; and
       (B) ensure that such consent is not granted for any such 
     prospective recipient who the Secretary of State determines, 
     taking into account the review under subparagraph (A), is 
     credibly implicated in a gross violation of internationally 
     recognized human rights.
       (4) Data storage and sharing.--In carrying out the program 
     established pursuant to paragraph (1), the Secretary of State 
     shall--
       (A) ensure that any data received pursuant to such program 
     is stored and maintained in a database of the Department of 
     State; and
       (B) to the extent practicable, provide for the sharing of 
     such data with the Secretary of Commerce and the heads of 
     such other Federal departments or agencies as the Secretary 
     of State may determine relevant.
       (d) Effective Date.--This section shall take effect on the 
     date that is 1 year after the date on which the Secretary of 
     Commerce completes the transfer of the control over the 
     export of previously covered items to the jurisdiction of the 
     Department of State pursuant to section 1294(a).

     SEC. 1298. LIMITATION ON LICENSES AND OTHER AUTHORIZATIONS 
                   FOR EXPORT OF CERTAIN ITEMS REMOVED FROM THE 
                   COMMERCE CONTROL LIST AND INCLUDED ON THE 
                   UNITED STATES MUNITIONS LIST.

       (a) In General.--The Secretary of State may not grant an 
     export license or other authorization for the export of a 
     previously covered item unless, before granting such license 
     or other authorization, the Secretary submits to the 
     appropriate congressional committees a written certification 
     with respect to such proposed export license or other 
     authorization containing--
       (1) the name of the person applying for the license or 
     other authorization;
       (2) the name of the person who is the proposed recipient of 
     the export;
       (3) the name of the country or international organization 
     to which the export will be made;
       (4) a description of the items proposed to be exported; and
       (5) the value of the items proposed to be exported.
       (b) Form.--Each certification required under subsection (a) 
     shall be submitted in unclassified form, except that 
     information regarding the dollar value and number of items 
     proposed to be exported may be restricted from public 
     disclosure if such disclosure would be detrimental to the 
     security of the United States.
       (c) Deadlines.--Each certification required under 
     subsection (a) shall be submitted--
       (1) not later than 15 days before a proposed export license 
     or other authorization is granted in the case of a transfer 
     of items to a country which is a member of the North Atlantic 
     Treaty Organization or Australia, Japan, the Republic of 
     Korea, Israel, or New Zealand, and
       (2) not later than 30 days before a proposed export license 
     or other authorization is granted in the case of a transfer 
     of items to any other country.
       (d) Congressional Resolution of Disapproval.--A proposed 
     export license or other authorization described in subsection 
     (c)(1) shall become effective after the end of the 15-day 
     period described in such subsection, and a proposed export 
     license or other authorization described in subsection (c)(2) 
     shall become effective after the end of the 30-day period 
     specified in such subsection if Congress does not enact, 
     within the applicable time period, a joint resolution 
     prohibiting the export of the covered item for which the 
     export license or other authorization was proposed.
                                 ______
                                 
  SA 3161. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ISSUANCE OF RULES.

       (a) Definitions.--In this section:
       (1) Artificial intelligence system.--The term ``artificial 
     intelligence system'' has the meaning given the term in 
     section 7223 of the Advancing American AI Act (40 U.S.C. 
     11301 note).
       (2) Covered individual.--The term ``covered individual'' 
     means an individual who is younger than 18 years of age.
       (3) Product.--The term ``product'' includes a program, 
     service, application, or other product.
       (4) User.--The term ``user'' means an individual who is a 
     user or customer with respect to a product offered or 
     operated by an entity.
       (b) Issuance of Rules.--Not later than 180 days after the 
     date of enactment of this Act, the Federal Communications 
     Commission, in consultation with the Federal Trade 
     Commission, shall issue rules that provide that, with respect 
     to any product offered or operated by an entity--
       (1) the entity may not offer to a user of the product who 
     is a covered individual any artificial intelligence system, 
     including an artificial intelligence system chat feature, as

[[Page S5483]]

     part of the product unless a parent or guardian of that 
     covered individual affirmatively grants consent to accept 
     that artificial intelligence system on behalf of that covered 
     individual;
       (2) after granting consent under paragraph (1), a parent or 
     guardian of the applicable covered individual may revoke that 
     consent at any time; and
       (3) with respect to the revocation of consent under 
     paragraph (2), the entity may not charge the parent or 
     guardian revoking consent a fee for the removal by the entity 
     of the applicable artificial intelligence system.
       (c) Violations.--A violation of a rule issued under 
     subsection (b) shall be considered to be a violation of the 
     Communications Act of 1934 (47 U.S.C. 151 et seq.) or a rule 
     issued under that Act.
                                 ______
                                 
  SA 3162. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At end of subtitle B of title III, add the following:

     SEC. 318. MODIFICATIONS TO SALE OF ROYALTIES FOR ENERGY 
                   RESILIENCE PURPOSES.

       Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is 
     amended by striking the period at the end and inserting ``: 
     Provided, however, At the request of the Secretary of 
     Defense, the Secretary of the Interior shall sell royalties 
     derived only from lands managed by the Department of Defense 
     for the McAlester Army Ammunition Plant in McAlester, 
     Oklahoma, at or below market price to the Department of 
     Defense for use only at the McAlester Army Ammunition Plant 
     and only for energy resilience purposes, and only to the 
     extent that such royalties do not exceed the natural gas 
     needs of the installation: And provided further, That the 
     Secretary of Defense may not store or sale any royalties 
     received in excess of such needs.''.
                                 ______
                                 
  SA 3163. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At end of subtitle B of title III, add the following:

     SEC. 318. MODIFICATIONS TO SALE OF ROYALTIES FOR ENERGY 
                   RESILIENCE PURPOSES.

       Section 36 of the Mineral Leasing Act (30 U.S.C. 192) is 
     amended by striking the period at the end and inserting ``: 
     Provided, however, At the request of the Secretary of 
     Defense, only for the purposes of a Department of Defense 
     energy resilience pilot program not to exceed one year in 
     duration, the Secretary of the Interior shall sell royalties 
     derived only from lands managed by the Department of Defense 
     for the McAlester Army Ammunition Plant in McAlester, 
     Oklahoma, at or below market price to the Department of 
     Defense for use only at the McAlester Army Ammunition Plant 
     and only for energy resilience purposes, and only to the 
     extent that such royalties do not exceed the natural gas 
     needs of the installation: And provided further, That the 
     Secretary of Defense may not store or sale any royalties 
     received in excess of such needs.''.
                                 ______
                                 
  SA 3164. 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 title XV, add the following:

                       Subtitle E--SAFE Orbit Act

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Situational Awareness 
     of Flying Elements in Orbit Act'' or the ``SAFE Orbit Act''.

     SEC. 1550. SPACE SITUATIONAL AWARENESS AND SPACE TRAFFIC 
                   COORDINATION.

       (a) In General.--The Secretary of Commerce shall facilitate 
     safe operations in space and encourage the development of 
     commercial space capabilities by acquiring and disseminating 
     unclassified data, analytics, information, and services on 
     space activities.
       (b) Immunity.--The United States, any agencies and 
     instrumentalities thereof, and any individuals, firms, 
     corporations, and other persons acting for the United States, 
     including nongovernmental entities, shall be immune from any 
     suit in any court for any cause of action arising from the 
     provision or receipt of space situational awareness services 
     or information, whether or not provided in accordance with 
     this section, or any related action or omission.
       (c) Acquisition of Data.--The Assistant Secretary of 
     Commerce for Space Commerce (established under section 
     50702(b) of title 51, United States Code, as amended by 
     section 1551) is authorized to acquire--
       (1) data, analytics, information, and services, including 
     with respect to--
       (A) location tracking data;
       (B) positional and orbit determination information; and
       (C) conjunction data messages; and
       (2) such other data, analytics, information, and services 
     as the Secretary of Commerce determines necessary to avoid 
     collisions of space objects.
       (d) Database on Satellite Location and Behavior.--
       (1) In general.--The Assistant Secretary of Commerce for 
     Space Commerce shall provide access for the public, at no 
     charge, a fully updated, unclassified database of information 
     concerning space objects and behavior that is maintained 
     separately from the space object catalog maintained by the 
     Secretary of Defense pursuant to the authority provided in 
     section 2274 of title 10, United States Code, to maintain a 
     catalog of space objects in furtherance of the national 
     security interests of the United States.
       (2) Contents.--The database under paragraph (1) shall 
     include--
       (A) the data and information acquired under subsection (c), 
     except to the extent that such data or information is 
     classified or a trade secret (as defined in section 1839 of 
     title 18, United States Code); and
       (B) the provision of basic space situational awareness 
     services and space traffic coordination based on the data 
     referred to in subparagraph (A), including basic analytics, 
     tracking calculations, and conjunction data messages.
       (e) Basic Space Situational Awareness Services.--The 
     Assistant Secretary of Commerce for Space Commerce--
       (1) shall provide to satellite operators, at no charge, 
     basic space situational awareness services, including the 
     data, analytics, information, and services described in 
     subsection (c);
       (2) in carrying out paragraph (1), may not compete with 
     private sector space situational awareness products, to the 
     maximum extent practicable; and
       (3) not less frequently than every 3 years, shall review 
     the basic space situational awareness services described in 
     paragraph (1) to ensure that such services provided by the 
     Federal Government do not compete with space situational 
     awareness services offered by the private sector.
       (f) Requirements for Data Acquisition and Dissemination.--
     In acquiring data, analytics, information, and services under 
     subsection (c) and disseminating data, analytics, 
     information, and services under subsections (d) and (e), the 
     Assistant Secretary of Commerce for Space Commerce shall--
       (1) leverage commercial capabilities to the maximum extent 
     practicable;
       (2) prioritize the acquisition of data, analytics, 
     information, and services from commercial industry located in 
     or licensed in the United States to supplement data collected 
     by United States Government agencies, including the 
     Department of Defense and the National Aeronautics and Space 
     Administration;
       (3) appropriately protect proprietary data, information, 
     and systems of firms located in the United States, including 
     by using appropriate infrastructure and cybersecurity 
     measures, including measures set forth in the most recent 
     version of the Cybersecurity Framework, or successor 
     document, maintained by the National Institute of Standards 
     and Technology;
       (4) facilitate the development of standardization and 
     consistency in data reporting, in collaboration with 
     satellite owners and operators, commercial space situational 
     awareness data and service providers, the academic community, 
     nonprofit organizations, and the Director of the National 
     Institute of Standards and Technology; and
       (5) encourage foreign governments to participate in 
     unclassified data sharing arrangements for space situational 
     awareness and space traffic coordination.
       (g) Other Transaction Authority.--In carrying out the 
     activities required by this section, the Secretary of 
     Commerce shall enter into such contracts, leases, cooperative 
     agreements, or other transactions as may be necessary.

     SEC. 1551. OFFICE OF SPACE COMMERCE.

       (a) Definitions.--
       (1) In general.--Section 50701 of title 51, United States 
     Code, is amended to read as follows:

     ``Sec. 50701. Definitions

       ``In this chapter:
       ``(1) Assistant secretary.--The term `Assistant Secretary' 
     means the Assistant Secretary of Commerce for Space Commerce.
       ``(2) Bureau.--The term `Bureau' means the Bureau of Space 
     Commerce established under section 50702.
       ``(3) Orbital debris.--The term `orbital debris'--
       ``(A) means--
       ``(i) any human-made space object orbiting Earth that--

       ``(I) no longer serves an intended purpose;
       ``(II) has reached the end of its mission; or
       ``(III) is incapable of safe maneuver or operation; and

       ``(ii) a rocket body and other hardware left in orbit as a 
     result of normal launch and operational activities; and

[[Page S5484]]

       ``(B) includes fragmentation debris produced by failure or 
     collision of human-made space objects.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(5) Space object.--The term `space object' means any 
     object launched into space or created in space robotically or 
     by humans, including the component parts of such an object.
       ``(6) Space situational awareness.--The term `space 
     situational awareness' means--
       ``(A) the identification, characterization, tracking, and 
     the predicted movement and behavior of space objects and 
     orbital debris; and
       ``(B) the understanding of the space operational 
     environment.
       ``(7) Space traffic coordination.--The term `space traffic 
     coordination' means the planning, assessment, and 
     coordination of activities to enhance the safety, stability, 
     and sustainability of operations in the space environment.''.
       (2) Clerical amendment.--The table of sections for chapter 
     507 of title 51, United States Code, is amended by striking 
     the item relating to section 50701 and inserting the 
     following:

``50701. Definitions.''.
       (b) Transition of Office to Bureau.--Subsection (a) of 
     section 50702 of title 51, United States Code, is amended by 
     inserting before the period at the end the following: ``, 
     which, not later than 5 years after the date of the enactment 
     of this Act, shall be elevated by the Secretary of Commerce 
     from an office within the National Oceanic and Atmospheric 
     Administration to a bureau reporting directly to the Office 
     of the Secretary of Commerce''.
       (c) Additional Functions of Bureau.--Subsection (c) of such 
     section is amended--
       (1) in paragraph (4), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) to perform space situational awareness and space 
     traffic management duties pursuant to the SAFE Orbit Act.''.
       (d) Assistant Secretary of Commerce for Space Commerce.--
       (1) In general.--Subsection (b) of such section is amended 
     to read as follows:
       ``(b) Assistant Secretary.--The Bureau shall be headed by 
     the Assistant Secretary of Commerce for Space Commerce, who 
     shall--
       ``(1) be appointed by the President, by and with the advice 
     and consent of the Senate;
       ``(2) report directly to the Secretary of Commerce; and
       ``(3) have a rate of pay that is equal to the rate payable 
     for level IV of the Executive Schedule under section 5315 of 
     title 5.''.
       (2) Conforming amendments.--
       (A) Section 50702(d) of title 51, United States Code, is 
     amended--
       (i) in the subsection heading, by striking ``Director'' and 
     inserting ``Assistant Secretary''; and
       (ii) in the matter preceding paragraph (1), by striking 
     ``Director'' and inserting ``Assistant Secretary''.
       (B) Section 5315 of title 5, United States Code, is amended 
     by striking ``Assistant Secretaries of Commerce (11)'' and 
     inserting ``Assistant Secretaries of Commerce (12)''.
       (3) References.--On and after the date of the enactment of 
     this Act, any reference in any law or regulation to the 
     Director of the Office of Space Commerce shall be deemed to 
     be a reference to the Assistant Secretary of Commerce for 
     Space Commerce.
       (e) Transition Report.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     submit to the appropriate committees of Congress a report 
     that sets forth transition and continuity of operations plans 
     for the functional and administrative transfer of the Office 
     of Space Commerce from the National Oceanic and Atmospheric 
     Administration to a bureau reporting to the Office of the 
     Secretary of Commerce.
       (2) Goal.--The goal of transition and continuity of 
     operations planning shall be to minimize the cost and 
     administrative burden of establishing the Bureau of Space 
     Commerce while maximizing the efficiency and effectiveness of 
     the functions and responsibilities of the Bureau of Space 
     Commerce, in accordance with this section and the amendments 
     made by this section.
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (B) the Committee on Science, Space, and Technology and the 
     Committee on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 3165. Mr. ROMNEY (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

          Subtitle G--Coordinating AUKUS Engagement With Japan

     SEC. 1291. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Armed Services, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS official.--The term ``AUKUS official'' means a 
     government official with responsibilities related to the 
     implementation of the AUKUS partnership.
       (3) AUKUS partnership.--The term ``AUKUS partnership'' has 
     the meaning given that term in section 1321 of the National 
     Defense Authorization Act of Fiscal Year 2024 (22 U.S.C. 
     10401).
       (4) Commerce control list.--The term ``Commerce Control 
     List'' means the list maintained pursuant to part 774 of 
     title 15, Code of Federal Regulations (or successor 
     regulations).
       (5) State aukus coordinator.--The term ``State AUKUS 
     Coordinator'' means the senior advisor at the Department of 
     State designated under section 1331(a)(1) of the National 
     Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 
     10411(a)(1)).
       (6) Defense aukus coordinator.--The term ``Defense AUKUS 
     Coordinator'' means the senior civilian official of the 
     Department of Defense designated under section 1332(a) of the 
     National Defense Authorization Act for Fiscal Year 2024 (22 
     U.S.C. 10412(a)).
       (7) Pillar two.--The term ``Pillar Two'' has the meaning 
     given that term in section 1321(2)(B) of the National Defense 
     Authorization Act of Fiscal Year 2024 (22 U.S.C. 
     10401(2)(B)).
       (8) United states munitions list.--The term ``United States 
     Munitions List'' means the list set forth in part 121 of 
     title 22, Code of Federal Regulations (or successor 
     regulations).

     SEC. 1292. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should continue to strengthen 
     relationships and cooperation with allies in order to 
     effectively counter the People's Republic of China;
       (2) the United States should capitalize on the 
     technological advancements allies have made in order to 
     deliver more advanced capabilities at speed and at scale to 
     the United States military and the militaries of partner 
     countries;
       (3) the historic announcement of the AUKUS partnership laid 
     out a vision for future defense cooperation in the Indo-
     Pacific among Australia, the United Kingdom, and the United 
     States;
       (4) Pillar Two of the AUKUS partnership envisions 
     cooperation on advanced technologies, including hypersonic 
     capabilities, electronic warfare capabilities, cyber 
     capabilities, quantum technologies, undersea capabilities, 
     and space capabilities;
       (5) trusted partners of the United States, the United 
     Kingdom, and Australia, such as Japan, could benefit from and 
     offer significant contributions to a range of projects 
     related to Pillar Two of the AUKUS partnership;
       (6) Japan is a treaty ally of the United States and a 
     technologically advanced country with the world's third-
     largest economy;
       (7) in 2022, Australia signed a Reciprocal Access Agreement 
     with Japan to facilitate reciprocal access and cooperation 
     between the Self-Defense Forces of Japan and the Australian 
     Defence Force;
       (8) in 2023, the United Kingdom signed a Reciprocal Access 
     Agreement with Japan to facilitate reciprocal access and 
     cooperation between the Self-Defense Forces of Japan and the 
     Armed Forces of the United Kingdom of Great Britain and 
     Northern Ireland;
       (9) in 2014, Japan relaxed its post-war constraints on the 
     export of non-lethal defense equipment, and in March 2024, 
     Japan further refined that policy to allow for the export of 
     weapons to countries with which it has an agreement in place 
     on defense equipment and technology transfers;
       (10) in 2013, Japan passed a secrecy law obligating 
     government officials to protect diplomatic and defense 
     information, and in February 2024, the Cabinet approved a 
     bill creating a new security clearance system covering 
     economic secrets; and
       (11) in April 2024, the United States, Australia, and the 
     United Kingdom announced they would consider cooperating with 
     Japan on advanced capability projects under Pillar Two of the 
     AUKUS partnership.

     SEC. 1293. ENGAGEMENT WITH JAPAN ON AUKUS PILLAR TWO 
                   COOPERATION.

       (a) Engagement Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the State AUKUS Coordinator, the 
     Defense AUKUS Coordinator, and the designee of the Under 
     Secretary of Commerce for Industry and Security shall jointly 
     engage directly, at a technical level, with the relevant 
     stakeholders in the Government of Japan--
       (A) to better understand the export control system of Japan 
     and the effects of the reforms the Government of Japan has 
     made to that system since 2014;
       (B) to determine overlapping areas of interest and the 
     potential for cooperation with Australia, the United Kingdom, 
     and the

[[Page S5485]]

     United States on projects related to the AUKUS partnership 
     and other projects;
       (C) to identify areas in which the Government of Japan 
     might need to adjust the export control system of Japan in 
     order to guard against export control violations or other 
     related issues in order to be a successful potential partner 
     in Pillar Two of the AUKUS partnership; and
       (D) to assess the Government of Japan's implementation and 
     enforcement of export controls on sensitive technologies with 
     respect to the People's Republic of China, including the 
     implementation of export controls on semiconductor 
     manufacturing equipment.
       (2) Consultation with aukus officials.--In carrying out the 
     engagement required by paragraph (1), the State AUKUS 
     Coordinator, the Defense AUKUS Coordinator, and the designee 
     of the Under Secretary of Commerce for Industry and Security 
     shall consult with relevant AUKUS officials from the United 
     Kingdom and Australia.
       (b) Briefing Requirement.--Not later than 30 days after the 
     date of the engagement required by subsection (a), the State 
     AUKUS Coordinator, the Defense AUKUS Coordinator, and the 
     designee of the Under Secretary of Commerce for Industry and 
     Security shall jointly brief the appropriate congressional 
     committees on the following:
       (1) The findings of that engagement.
       (2) A strategy for follow-on engagement.

     SEC. 1294. ASSESSMENT OF POTENTIAL FOR COOPERATION WITH JAPAN 
                   ON AUKUS PILLAR TWO.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State, with the concurrence of the 
     Secretary of Defense and the Secretary of Commerce, shall 
     submit to the appropriate congressional committees a report 
     assessing the potential for cooperation with Japan on Pillar 
     Two of the AUKUS partnership, detailing the following:
       (1) Projects the Government of Japan is engaged in related 
     to the development of advanced defense capabilities under 
     Pillar Two of the AUKUS partnership.
       (2) Areas of potential cooperation with Japan on advanced 
     defense capabilities within and outside the scope of Pillar 
     Two of the AUKUS partnership.
       (3) The Secretaries' assessment of the current export 
     control system of Japan, including--
       (A) the procedures under that system for protecting 
     classified and sensitive defense, diplomatic, and economic 
     information;
       (B) the effectiveness of that system in protecting such 
     information; and
       (C) such other matters as the Secretaries consider 
     appropriate.
       (4) Any reforms by Japan that the Secretary of State 
     considers necessary before considering including Japan in the 
     privileges provided under Pillar Two of the AUKUS 
     partnership.
       (5) Any recommendations regarding the scope and conditions 
     of potential cooperation with Japan under Pillar Two of the 
     AUKUS partnership.
       (6) A strategy and forum for communicating the potential 
     benefits of and requirements for engaging in projects related 
     to Pillar Two of the AUKUS partnership with the Government of 
     Japan.
       (7) Any views provided by AUKUS officials from the United 
     Kingdom and Australia on issues relevant to the report, and a 
     plan for cooperation with such officials on future engagement 
     with the Government of Japan related to Pillar Two of the 
     AUKUS partnership.
                                 ______
                                 
  SA 3166. Mr. ROMNEY (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

          Subtitle G--Coordinating AUKUS Engagement With Japan

     SEC. 1291. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Armed Services of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       (2) AUKUS official.--The term ``AUKUS official'' means a 
     government official with responsibilities related to the 
     implementation of the AUKUS partnership.
       (3) AUKUS partnership.--The term ``AUKUS partnership'' has 
     the meaning given that term in section 1321 of the National 
     Defense Authorization Act of Fiscal Year 2024 (22 U.S.C. 
     10401).
       (4) State aukus coordinator.--The term ``State AUKUS 
     Coordinator'' means the senior advisor at the Department of 
     State designated under section 1331(a)(1) of the National 
     Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 
     10411(a)(1)).
       (5) Defense aukus coordinator.--The term ``Defense AUKUS 
     Coordinator'' means the senior civilian official of the 
     Department of Defense designated under section 1332(a) of the 
     National Defense Authorization Act for Fiscal Year 2024 (22 
     U.S.C. 10412(a)).
       (6) Pillar two.--The term ``Pillar Two'' has the meaning 
     given that term in section 1321(2)(B) of the National Defense 
     Authorization Act of Fiscal Year 2024 (22 U.S.C. 
     10401(2)(B)).
       (7) United states munitions list.--The term ``United States 
     Munitions List'' means the list set forth in part 121 of 
     title 22, Code of Federal Regulations (or successor 
     regulations).

     SEC. 1292. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should continue to strengthen 
     relationships and cooperation with allies in order to 
     effectively counter the People's Republic of China;
       (2) the United States should capitalize on the 
     technological advancements allies have made in order to 
     deliver more advanced capabilities at speed and at scale to 
     the United States military and the militaries of partner 
     countries;
       (3) the historic announcement of the AUKUS partnership laid 
     out a vision for future defense cooperation in the Indo-
     Pacific among Australia, the United Kingdom, and the United 
     States;
       (4) Pillar Two of the AUKUS partnership envisions 
     cooperation on advanced technologies, including hypersonic 
     capabilities, electronic warfare capabilities, cyber 
     capabilities, quantum technologies, undersea capabilities, 
     and space capabilities;
       (5) trusted partners of the United States, the United 
     Kingdom, and Australia, such as Japan, could benefit from and 
     offer significant contributions to a range of projects 
     related to Pillar Two of the AUKUS partnership;
       (6) Japan is a treaty ally of the United States and a 
     technologically advanced country with the world's third-
     largest economy;
       (7) in 2022, Australia signed a Reciprocal Access Agreement 
     with Japan to facilitate reciprocal access and cooperation 
     between the Self-Defense Forces of Japan and the Australian 
     Defence Force;
       (8) in 2023, the United Kingdom signed a Reciprocal Access 
     Agreement with Japan to facilitate reciprocal access and 
     cooperation between the Self-Defense Forces of Japan and the 
     Armed Forces of the United Kingdom of Great Britain and 
     Northern Ireland;
       (9) in 2014, Japan relaxed its post-war constraints on the 
     export of non-lethal defense equipment, and in March 2024, 
     Japan further refined that policy to allow for the export of 
     weapons to countries with which it has an agreement in place 
     on defense equipment and technology transfers;
       (10) in 2013, Japan passed a secrecy law obligating 
     government officials to protect diplomatic and defense 
     information, and in February 2024, the Cabinet approved a 
     bill creating a new security clearance system covering 
     economic secrets; and
       (11) in April 2024, the United States, Australia, and the 
     United Kingdom announced they would consider cooperating with 
     Japan on advanced capability projects under Pillar Two of the 
     AUKUS partnership.

     SEC. 1293. ENGAGEMENT WITH JAPAN ON AUKUS PILLAR TWO 
                   COOPERATION.

       (a) Engagement Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the State AUKUS Coordinator and 
     the Defense AUKUS Coordinator shall jointly engage directly, 
     at a technical level, with the relevant stakeholders in the 
     Government of Japan--
       (A) to better understand the export control system of Japan 
     and the effects of the reforms the Government of Japan has 
     made to that system since 2014;
       (B) to determine overlapping areas of interest and the 
     potential for cooperation with Australia, the United Kingdom, 
     and the United States on projects related to the AUKUS 
     partnership and other projects; and
       (C) to identify areas in which the Government of Japan 
     might need to adjust the export control system of Japan in 
     order to guard against export control violations or other 
     related issues in order to be a successful potential partner 
     in Pillar Two of the AUKUS partnership.
       (2) Consultation with aukus officials.--In carrying out the 
     engagement required by paragraph (1), the State AUKUS 
     Coordinator and the Defense AUKUS Coordinator shall consult 
     with relevant AUKUS officials from the United Kingdom and 
     Australia.
       (b) Briefing Requirement.--Not later than 30 days after the 
     date of the engagement required by subsection (a), the State 
     AUKUS Coordinator and the Defense AUKUS Coordinator shall 
     jointly brief the appropriate congressional committees on the 
     following:
       (1) The findings of that engagement.
       (2) A strategy for follow-on engagement.

     SEC. 1294. ASSESSMENT OF POTENTIAL FOR COOPERATION WITH JAPAN 
                   ON AUKUS PILLAR TWO.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State, with the concurrence of the 
     Secretary of Defense, shall submit to the appropriate 
     congressional committees a report assessing the potential for 
     cooperation with Japan on Pillar Two of the AUKUS 
     partnership, detailing the following:
       (1) Projects the Government of Japan is engaged in related 
     to the development of advanced defense capabilities under 
     Pillar Two of the AUKUS partnership.

[[Page S5486]]

       (2) Areas of potential cooperation with Japan on advanced 
     defense capabilities within and outside the scope of Pillar 
     Two of the AUKUS partnership.
       (3) The Secretaries' assessment of the current export 
     control system of Japan, including--
       (A) the procedures under that system for protecting 
     classified and sensitive defense, diplomatic, and economic 
     information;
       (B) the effectiveness of that system in protecting such 
     information; and
       (C) such other matters as the Secretaries consider 
     appropriate.
       (4) Any reforms by Japan that the Secretary of State 
     considers necessary before considering including Japan in the 
     privileges provided under Pillar Two of the AUKUS 
     partnership.
       (5) Any recommendations regarding the scope and conditions 
     of potential cooperation with Japan under Pillar Two of the 
     AUKUS partnership.
       (6) A strategy and forum for communicating the potential 
     benefits of and requirements for engaging in projects related 
     to Pillar Two of the AUKUS partnership with the Government of 
     Japan.
       (7) Any views provided by AUKUS officials from the United 
     Kingdom and Australia on issues relevant to the report, and a 
     plan for cooperation with such officials on future engagement 
     with the Government of Japan related to Pillar Two of the 
     AUKUS partnership.
                                 ______
                                 
  SA 3167. Mr. PADILLA submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. LAND TO BE TAKEN INTO TRUST FOR THE JAMUL INDIAN 
                   VILLAGE OF CALIFORNIA.

       (a) In General.--The approximately 167.23 acres of land 
     owned in fee by the Jamul Indian Village of California 
     located in San Diego, California, and described in subsection 
     (b) are hereby taken into trust by the United States for the 
     benefit of the Jamul Indian Village of California.
       (b) Land Descriptions.--The land referred to in subsection 
     (a) is the following:
       (1) Parcel 1.--The parcels of land totaling approximately 
     161.23 acres, located in San Diego County, California, that 
     are held in fee by the Jamul Indian Village of California, as 
     legally described in Document No. 2022-0010260 in the 
     Official Records of the Office of the Recorder, San Diego 
     County, California, and recorded January 7, 2022.
       (2) Parcel 2.--The parcel of land totaling approximately 6 
     acres, located in San Diego County, California, that is held 
     in fee by the Jamul Indian Village of California, as legally 
     described in Document No. 2021-0540770 in the Official 
     Records of the Office of the Recorder, San Diego County, 
     California, and recorded July 29, 2021.
       (c) Reaffirmation of Certain Land Held in Trust.--
       (1) In general.--Congress reaffirms the approximately 4.87 
     acres of land located in San Diego, California, and described 
     in paragraph (2) that was taken into trust by the United 
     States for the benefit of the Jamul Indian Village of 
     California on July 19, 2024.
       (2) Land descriptions.--The land referred to in paragraph 
     (1) is the following:
       (A) Parcel 3.--The parcel of land totaling approximately 
     4.03 acres, located in San Diego County, California, that is 
     held in fee by the Jamul Indian Village of California, as 
     legally described in Document No. 1998-0020339 in the 
     Official Records of the Office of the Recorder, San Diego 
     County, California, and recorded January 15, 1998.
       (B) Parcel 4.--The parcel of land comprised of 
     approximately 0.84 acres, located in San Diego County, 
     California, that is held in fee by the Jamul Indian Village 
     of California, as legally described in Document No. 2017-
     0410384 in the Official Records of the Office of the 
     Recorder, San Diego County, California, and recorded 
     September 7, 2017.
       (d) Future Trust Land.--On acquisition by the Jamul Indian 
     Village of California of the land depicted as ``Proposed 1.1. 
     acres'' on the map of the California Department of Fish and 
     Wildlife entitled ``Amended Acres Proposal'' and dated May 
     2023, that land shall be taken into trust by the United 
     States for the benefit of the Jamul Indian Village of 
     California.
       (e) Administration.--Land taken into trust under 
     subsections (a) and (d) shall be--
       (1) part of the reservation of the Jamul Indian Village of 
     California; and
       (2) administered in accordance with the laws and 
     regulations generally applicable to property held in trust by 
     the United States for the benefit of an Indian Tribe.
       (f) Gaming Prohibited.--Land described in subsections (b), 
     (c)(2), and (d) shall not be used for any class II gaming or 
     class III gaming under the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.) (as those terms are defined in section 4 
     of that Act (25 U.S.C. 2703)).
                                 ______
                                 
  SA 3168. 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 F of title XII, add the following:

     SEC. 1291. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   ADVERSARY MARITIME MILITIA.

       (a) In General.--On and after the date that is 90 days 
     after the date of the enactment of this Act, the President 
     may impose the sanctions described in subsection (d) with 
     respect to any foreign adversary entity that the President 
     determines--
       (1) has materially contributed to, engaged in, or provided 
     significant direct or indirect support for--
       (A) the maritime militia of a foreign adversary;
       (B) the provision of logistical support to such a militia, 
     including provision of at-sea or at-port refueling or any 
     other on-shore services, such as repair and servicing;
       (C) the construction of vessels used by such a militia;
       (D) the direction or control of such a militia, including 
     directing activities that inhibit or coerce another country 
     from protecting its sovereign rights or access to vessels or 
     territory under its control; or
       (E) other activities that may support, sustain, or enable 
     the activities of such a militia; or
       (2) has materially assisted, sponsored, or provided 
     financial, material, or technological support for, or goods 
     or services to, or in support of, any person subject to 
     sanctions pursuant to paragraph (1).
       (b) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception for compliance with international obligations 
     and law enforcement activities.--Sanctions under this section 
     shall not apply with respect to an alien if admitting or 
     paroling the alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success on June 26, 1947, and entered into 
     force November 21, 1947, between the United Nations and the 
     United States, or other applicable international obligations 
     of the United States; or
       (B) to carry out or assist law enforcement activity of the 
     United States.
       (3) Exception relating to importation of goods.--
       (A) In general.--The authority to impose sanctions under 
     this section shall not include the authority to impose 
     sanctions on the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment and excluding technical data.
       (c) Waiver.--The President may waive the application of 
     sanctions under this section with respect to a foreign 
     adversary entity if the President determines and reports to 
     Congress that such a waiver is in the national interests of 
     the United States.
       (d) Sanctions Described.--The sanctions described in this 
     subsection are, notwithstanding section 202 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1701), 
     the exercise of the authorities provided to the President 
     under that Act (50 U.S.C. 1701 et seq.) to the extent 
     necessary to block and prohibit all transactions in property 
     and interests in property of a foreign adversary entity 
     subject to subsection (a) if such property or 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.
       (e) Implementation; Penalties.--
       (1) Implementation.--The President may exercise the 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to the extent necessary to carry out 
     this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (d) or any regulation, license, or order issued to 
     carry out that subsection shall be subject to the penalties 
     set forth in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (f) Engagement With Allies and Partners With Respect to 
     Maritime Militia of People's Republic of China.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of State should submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a report on the 
     efforts of the United States to engage with foreign allies 
     and partners with territorial or security interests in

[[Page S5487]]

     the South China Sea, East China Sea, Philippine Sea, and 
     other maritime areas of interest to coordinate efforts to 
     counter malign activities of the maritime militia of the 
     People's Republic of China.
       (g) Definitions.--In this section:
       (1) Foreign adversary.--The term ``foreign adversary'' 
     means a country specified in section 7.4(a) of title 15, Code 
     of Federal Regulations.
       (2) Foreign adversary entity.--The term ``foreign adversary 
     entity'' means an entity organized under the laws of or 
     otherwise subject to the jurisdiction of a foreign adversary.
       (3) Maritime militia.--The term ``maritime militia'' means 
     an organized civilian force that--
       (A) operates primarily in maritime domains, including 
     coastal waters, exclusive economic zones, and international 
     waters, and may use a variety of vessels, including fishing 
     boats, trawlers, and other commercial vessels;
       (B) is acting under the authority of, or is funded by, the 
     government of a country; or
       (C) is equipped and trained for the purpose of supporting 
     and advancing the geopolitical or strategic objectives of 
     that government, including asserting territorial claims, 
     safeguarding maritime interests of that country, and 
     conducting activities such as surveillance, reconnaissance, 
     intelligence gathering, and logistical support, and may 
     engage in coordinated activities with naval and other 
     military forces of that country.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person located in the United States.
                                 ______
                                 
  SA 3169. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title XII, add the following:

     SEC. 1216. EXTENSION AND MODIFICATION OF GLOBAL ENGAGEMENT 
                   CENTER.

       (a) Funding Availability and Limitations.--Paragraph (2) of 
     subsection (f) of section 1287 of the National Defense 
     Authorization Act for Fiscal Year 2017 (Public Law 114-328; 
     22 U.S.C. 2656 note) is amended to read as follows:
       ``(2) Funding availability and limitations.--
       ``(A) Certification.--The Secretary of State shall only 
     provide funds under paragraph (1) to an entity described in 
     that paragraph if the Secretary certifies to the appropriate 
     congressional committees that the entity receiving such 
     funds--
       ``(i) has been selected in accordance with relevant 
     existing regulations;
       ``(ii) has the capability and experience necessary to 
     fulfill the purposes described in that paragraph;
       ``(iii) is nonpartisan; and
       ``(iv) is compatible with United States national security 
     and foreign policy interests and objectives.
       ``(B) Partisan political activity.--The Secretary of State 
     shall not knowingly provide funds under this subsection to 
     any entity engaged in unlawful partisan political activity 
     within the United States, including by carrying out 
     activities that--
       ``(i) are directed toward the success or failure of a 
     political party, a candidate for partisan political office, 
     or a partisan political group; or
       ``(ii) result in unlawful partisan censorship of speech 
     protected under the First Amendment to the Constitution of 
     the United States.''.
       (b) Extension.--Subsection (j) of such section is amended 
     by striking ``on the date that is 8 years after the date of 
     the enactment of this Act'' and inserting ``on September 30, 
     2034''.
       (c) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section and the 
     amendments made by this section, and the application of the 
     provision or amendment to any other person or circumstance, 
     shall not be affected.

                          ____________________