[Congressional Record Volume 170, Number 140 (Tuesday, September 10, 2024)]
[Senate]
[Pages S5940-S5945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3237. Ms. HIRONO (for herself, Mr. Hawley, and Mr. Booker) 
submitted an amendment intended to be proposed by her to the bill S. 
4638, to authorize appropriations for fiscal year 2025 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, 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 H of title X, add the following:

     SEC. 1095. CHILD LABOR PREVENTION AND INVESTIGATION.

       (a) Treatment of Civil Penalties Under the Fair Labor 
     Standards Act of 1938.--Section 16(e)(5) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 216(e)(5)) is amended--
       (1) by striking ``Except for civil penalties collected for 
     violations of section 12, sums'' and inserting ``(A) Except 
     as provided in subparagraph (B), sums'';
       (2) by striking the second sentence; and
       (3) by adding at the end the following:
       ``(B) Sums collected for a civil penalty for a violation of 
     section 12 shall--
       ``(i) for the amount of the penalty that equals the amount 
     that would have been assessed for such a violation under this 
     section on the day before the date of enactment of the 
     National Defense Authorization Act for Fiscal Year 2025, be 
     deposited in the general fund of the Treasury;
       ``(ii) for the amount of the penalty that equals half of 
     the amount of the penalty not deposited under clause (i), be 
     deposited in the general fund of the Treasury; and
       ``(iii) for the amount of the penalty not deposited in 
     accordance with clause (i) or (ii), be applied toward the 
     reimbursement described in subparagraph (A).''.
       (b) Civil Penalties Related to Child Labor Under the Fair 
     Labor Standards Act of 1938.--
       (1) In general.--Section 16(e)(1)(A) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 216(e)(1)(A)) is amended--
       (A) by aligning the left margins of clauses (i) and (ii) 
     with the left margin of clause (i) of section 16(e)(1)(B) of 
     the Fair Labor Standards Act of 1938;
       (B) in clause (i), by striking ``$11,000'' and inserting 
     ``$78,145''; and
       (C) in clause (ii), by striking ``$50,000'' and inserting 
     ``$355,155''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall be applicable to violations occurring on or after the 
     date of enactment of this section.
       (c) Child Labor Certification for Federal Contractors.--The 
     head of an executive agency (as that term is defined in 
     section 133 of title 41, United States Code) shall require 
     each person submitting an offer for a contract with the 
     agency for the procurement of goods to certify that such 
     person will not supply goods produced, manufactured, or 
     developed for which any oppressive child labor (as defined in 
     section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203)) has been employed in the performance of such contract.
                                 ______
                                 
  SA 3238. Mr. KELLY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 358. BRIEFING ON ACTIVATION OF POWER PROJECTION WING OF 
                   THE AIR FORCE.

       (a) In General.--Not later than March 1, 2025, the 
     Secretary of the Air Force shall brief the Committees on 
     Armed Services of the Senate and the House of Representatives 
     on the status of the activation of the Power Projection Wing 
     by the Secretary.
       (b) Elements.--The briefing required under subsection (a) 
     shall identify--
       (1) the personnel, aircraft, and equipment that will be 
     transferred from other installations to support the 
     activation described in such subsection; and
       (2) any additional funding or additional authority that may 
     be needed to complete such activation.
                                 ______
                                 
  SA 3239. Mr. BRAUN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1095. BENJAMIN HARRISON NATIONAL RECREATION AREA AND 
                   WILDERNESS.

       (a) Definitions.--In this section:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the advisory committee for the National Recreation Area 
     established under subsection (d)(1).
       (2) Management plan.--The term ``Management Plan'' means 
     the management plan for the National Recreation Area and 
     Wilderness developed under subsection (e)(1).

[[Page S5941]]

       (3) Map.--The term ``map'' means the map entitled 
     ``Benjamin Harrison National Recreation Area and Wilderness 
     Establishment Act of 2023'' and dated March 27, 2024.
       (4) National recreation area.--The term ``National 
     Recreation Area'' means the Benjamin Harrison National 
     Recreation Area established by subsection (b)(2).
       (5) National recreation area and wilderness.--The term 
     ``National Recreation Area and Wilderness'' means the 
     Benjamin Harrison National Recreation Area and Wilderness 
     established by subsection (b)(1).
       (6) Nonwilderness corridor.--The term ``nonwilderness 
     corridor'' means the land 100 feet in width from either side 
     of the centerline of the existing trails and roads, as 
     depicted on the map as ``Non-Wilderness Corridor'', which is 
     not included as part of the ``Proposed Wilderness'', as 
     depicted on the map.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (8) State.--The term ``State'' means the State of Indiana.
       (9) Wilderness addition.--The term ``Wilderness addition'' 
     means the land added to the Charles C. Deam Wilderness by 
     subsection (b)(3).
       (b) Establishment.--
       (1) In general.--There is established in the State the 
     Benjamin Harrison National Recreation Area and Wilderness as 
     a subunit of the Hoosier National Forest, consisting of--
       (A) the National Recreation Area; and
       (B) the Wilderness addition.
       (2) Benjamin harrison national recreation area.--There is 
     established in the State the Benjamin Harrison National 
     Recreation Area, consisting of approximately 29,382 acres of 
     National Forest System land depicted on the map as ``Proposed 
     National Recreation Area (NRA)''.
       (3) Charles c. deam wilderness addition.--The approximately 
     15,300 acres of National Forest System land in the State 
     generally depicted on the map as ``Proposed Wilderness'' 
     shall be added to and administered as part of the Charles C. 
     Deam Wilderness in accordance with Public Law 97-384 (16 
     U.S.C. 1132 note; 96 Stat. 1942), consisting of--
       (A) the approximately 2,028.8 acres of National Forest 
     System land in the State generally depicted on the map as the 
     ``Deckard Ridge Units A, B, and C'';
       (B) the approximately 2,633 acres of National Forest System 
     land in the State generally depicted on the map as the 
     ``Panther Creek Units A and B'';
       (C) the approximately 5,456.9 acres of National Forest 
     System land in the State generally depicted on the map as the 
     ``Nebo Ridge Units A, B, C, D, and E'';
       (D) the approximately 2,141.4 acres of National Forest 
     System land in the State generally depicted on the map as the 
     ``Browning Mountain Unit'';
       (E) the approximately 2,161.9 acres of National Forest 
     System land in the State generally depicted on the map as the 
     ``Hickory Ridge Units A, B, C, D, and E''; and
       (F) the approximately 878.3 acres of National Forest System 
     land in the State generally depicted on the map as the ``Mose 
     Ray Branch Unit''.
       (4) Availability of map.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall file the 
     map, and make the map available for public inspection, in the 
     appropriate offices of the Forest Service.
       (c) Administration.--The Secretary shall manage--
       (1) the Wilderness addition (other than the nonwilderness 
     corridors) in a manner that is consistent with the Wilderness 
     Act (16 U.S.C. 1131 et seq.); and
       (2) the National Recreation Area in a manner that ensures--
       (A) the protection of the water quality of the public water 
     supply of Monroe Reservoir in the State in accordance with 
     section 303(e)(1) of the Healthy Forests Restoration Act of 
     2003 (16 U.S.C. 6542(e)(1)); and
       (B) the promotion of recreational opportunities in the 
     National Recreation Area.
       (3) Hunting, fishing, and trapping.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall allow hunting, fishing, and trapping in the National 
     Recreation Area and Wilderness.
       (B) Limitations.--The Secretary, in consultation with 
     designees from the State Department of Natural Resources and 
     the Corps of Engineers, may, for reasons of public safety, 
     species enhancement, or management of a species listed as 
     endangered or threatened under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), designate areas in which, and 
     establish seasons during which, no hunting, fishing, or 
     trapping is permitted in the National Recreation Area and 
     Wilderness.
       (C) Effect.--Nothing in this section affects the 
     jurisdiction of the State with respect to fish and wildlife 
     in the National Recreation Area and Wilderness.
       (4) Recreation.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall--
       (i) in the National Recreation Area, continue to permit and 
     provide for appropriate nonmotorized and motorized 
     recreational uses, including hiking, viewing of nature and 
     wildlife, camping, horseback riding, mountain biking, and 
     other existing recreational uses; and
       (ii) permit the nonmechanized recreational use of the 
     Wilderness addition, in accordance with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) within the boundary of the 
     ``Proposed Wilderness'' indicated on the map.
       (B) Limitations.--The Secretary, in consultation with 
     designees from the State Department of Natural Resources and 
     the Corps of Engineers, may designate zones in which, and 
     establish periods during which, a recreational use shall not 
     be permitted in the National Recreation Area and Wilderness 
     under subparagraph (A) for reasons of public safety, species 
     enhancement, or management of a species listed as endangered 
     or threatened under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.).
       (C) Trail plan.--Notwithstanding any provisions of the 
     Wilderness Act (16 U.S.C. 1131 et seq.) or any other 
     provision of law, the Secretary, in consultation with 
     interested parties, shall establish a trail plan--
       (i) to maintain existing mountain biking, hiking, and 
     equestrian trails in the nonwilderness corridors; and
       (ii) to develop mountain biking, hiking, and equestrian 
     trails in the National Recreation Area.
       (5) Vegetation management.--
       (A) Wilderness addition.--Consistent with the Wilderness 
     Act (16 U.S.C. 1131 et seq.), timber removal or management 
     shall not be permitted in the Wilderness addition, except as 
     the Secretary determines to be necessary for public safety 
     and management of diseases, as described in section 293.3 of 
     title 36, Code of Federal Regulations (or a successor 
     regulation).
       (B) National recreation area.--Vegetation management within 
     the National Recreation Area shall be consistent with--
       (i) the Management Plan; and
       (ii) any applicable Forest Service land management plan.
       (d) National Recreation Area Federal Advisory Committee.--
       (1) Establishment.--As soon as practicable after the date 
     of enactment of this Act, the Secretary shall establish an 
     advisory committee to advise the Secretary with respect to 
     the management of the National Recreation Area.
       (2) Membership.--The Advisory Committee shall be composed 
     of members appointed by the Secretary, from among--
       (A) representatives of local government;
       (B) forest ecologists;
       (C) experts in dispersed recreation;
       (D) local residents who own or reside in property located 
     not more than 2 miles from the boundary of the National 
     Recreation Area;
       (E) representatives of conservation and outdoor recreation 
     groups;
       (F) consulting foresters;
       (G) the Director of the State Department of Natural 
     Resources (or designees);
       (H) wildlife experts; and
       (I) designees from the Corps of Engineers.
       (e) Management Plan.--
       (1) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive management plan for the long-term protection 
     and management of the National Recreation Area.
       (2) Requirements.--The Management Plan shall--
       (A) be developed--
       (i) in consultation with the Advisory Committee;
       (ii) after providing an opportunity for public comment; and
       (iii) after engaging with interested or affected federally 
     recognized Indian Tribes, other Federal agencies, and State 
     and local governments, including the State Department of 
     Natural Resources;
       (B) address management issues associated with the National 
     Recreation Area, including--
       (i) fires;
       (ii) invasive species;
       (iii) the response to insect and disease infestations;
       (iv) measures needed to protect the public water supply 
     provided by Monroe Reservoir;
       (v) the establishment, maintenance, and closure of camp 
     sites, campgrounds, trails, and roadways; and
       (vi) any other issues identified by the Advisory Committee; 
     and
       (C) include--
       (i) measures to preserve and protect native and historical 
     resources, flora, fauna, and recreational, scenic, and 
     aesthetic values within the National Recreation Area; and
       (ii) measures to prevent degradation of the public water 
     supply provided by Monroe Reservoir.
       (f) Funding.--
       (1) No additional funds.--No additional funds are 
     authorized to be appropriated to carry out this section.
       (2) Use of existing funds.--This section shall be carried 
     out using amounts otherwise made available to the Secretary.
       (g) Effect.--Nothing in this section--
       (1) affects the Corps of Engineers use permits for flowage 
     rights within the National Recreation Area and Wilderness 
     established by the order entitled ``Joint Order Interchanging 
     Administrative Jurisdiction of Department of the Army Lands 
     and National Forest Lands'' (35 Fed. Reg. 10382 (June 25, 
     1970));
       (2) prevents the Corps of Engineers from carrying out the 
     water control management plan of the Corps of Engineers 
     within the National Recreation Area and Wilderness as 
     described in the Corps of Engineers water control manual;
       (3) prevents the Corps of Engineers from--
       (A) disposing of, or otherwise managing, real estate 
     interests held by the Corps of Engineers as of the date of 
     enactment of this Act; or

[[Page S5942]]

       (B) acquiring additional real estate interests required to 
     support the operation or maintenance of Monroe Lake;
       (4) affects the use of motor vessels (as defined in section 
     2101 of title 46, United States Code) on Monroe Lake;
       (5) results in the closure of any State or county roadway 
     in the National Recreation Area and the nonwilderness 
     corridors;
       (6) precludes the ownership, use, or enjoyment of private 
     land within the National Recreation Area and Wilderness;
       (7) otherwise affects access to private land or cemeteries 
     within the National Recreation Area and Wilderness;
       (8) affects the access to land within the nonwilderness 
     corridors and within 100 feet of the outer boundary of the 
     Wilderness addition by any State or private entity or 
     organization with a permit, special use authorization, or 
     other right to access land within the Wilderness addition, as 
     described in section 5(a) of the Wilderness Act (16 U.S.C. 
     1134(a)), for the purpose of maintaining infrastructure 
     located within the Wilderness addition, including access by--
       (A) the Smithville Telephone Company;
       (B) Jackson County Water Utility;
       (C) Jackson County Rural Electric;
       (D) the ANR Pipeline Company;
       (E) the Monroe County commissioners;
       (F) Hoosier Trails Council, BSA; and
       (G) the State Department of Natural Resources; or
       (9) affects the access to land within the Wilderness 
     addition by the State Department of Natural Resources or 
     appropriate public safety officers with the use of motor 
     vehicles, mechanized equipment, or motorboats for emergencies 
     involving the health and safety of persons within the 
     Wilderness addition, in accordance with section 4(c) of the 
     Wilderness Act (16 U.S.C. 1133(c)).
                                 ______
                                 
  SA 3240. Mr. YOUNG submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 855. STUDY ON PILOT PROGRAM TO EXPAND THE SHRINKING 
                   DEFENSE INDUSTRIAL BASE.

       (a) In General.--The Secretary of Defense, acting through 
     the Under Secretary of Defense for Acquisition and 
     Sustainment, in consultation with the Small Business 
     Administration, shall conduct a study on the feasibility and 
     advisability of implementing a pilot program to assist small 
     businesses within the defense industrial base to transition 
     to unrestricted contracting.
       (b) Elements.--The study required under subsection (a) 
     shall, for purposes of identifying support measures for 
     contractors growing from small to other-than-small under 
     North American Industry Classification System codes that are 
     among the top ten by total Federal contract spending or are 
     among any additional sectors the Secretary determines 
     critical to the defense industrial base, examine the 
     following:
       (1) Whether an evaluation preference, reserves under 
     multiple award contracts, or other procurement assistance is 
     appropriate.
       (2) Whether a pilot program to implement the procurement 
     assistance described in paragraph (1) would contribute to job 
     creation, increased competition, and a more resilient 
     industrial base and align with broader national security 
     interests.
       (3) Criteria for the pilot program, including an 
     eligibility period and criteria for participation and 
     graduation.
       (4) Methods to also encourage growth of startups and very 
     small businesses should the program proceed.
       (5) Metrics to assess the success of the program.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate, the Committee on Small Business of the House of 
     Representatives, and the congressional defense committees a 
     report on the findings of the study conducted under 
     subsection (a).
                                 ______
                                 
  SA 3241. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1095. SHENANDOAH MOUNTAIN NATIONAL SCENIC AREA; 
                   DESIGNATION OF WILDERNESS AREAS.

       (a) Definitions.--In this section:
       (1) National scenic area.--
       (A) In general.--The term ``National Scenic Area'' means 
     the Shenandoah Mountain National Scenic Area established by 
     subsection (b)(1).
       (B) Inclusions.--The term ``National Scenic Area'' 
     includes--
       (i) any National Forest System land within the boundary of 
     the National Scenic Area that is administered as part of the 
     National Scenic Area; and
       (ii) any National Forest System land within the boundary of 
     the National Scenic Area that is administered as a component 
     of the National Wilderness Preservation System under the 
     amendments made by subsection (c).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (3) State.--The term ``State'' means the State of Virginia.
       (4) Wilderness area.--The term ``Wilderness Area'' means a 
     wilderness area designated by paragraphs (21) through (25) of 
     section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 
     Stat. 584; 114 Stat. 2057; 123 Stat. 1002) (as added by 
     subsection (c)).
       (b) Establishment of the Shenandoah Mountain National 
     Scenic Area.--
       (1) Establishment.--Subject to valid existing rights, there 
     is established the Shenandoah Mountain National Scenic Area, 
     consisting of approximately 92,562 acres of National Forest 
     System land in the George Washington and Jefferson National 
     Forests, as generally depicted on the map filed under section 
     (d)(1)(A).
       (2) Purposes.--The purposes of the National Scenic Area 
     are--
       (A) to ensure the protection and preservation of the scenic 
     quality, water quality, natural characteristics, and water 
     resources of the National Scenic Area;
       (B) to protect wildlife, fish, and plant habitat in the 
     National Scenic Area;
       (C) to protect outstanding natural biological values and 
     habitat for plant and animal species along the Shenandoah 
     Mountain crest above 3,000 feet above sea level elevation, 
     including the Cow Knob salamander;
       (D) to protect forests in the National Scenic Area that may 
     develop characteristics of old-growth forests;
       (E) to protect the Wilderness Areas; and
       (F) to provide for a variety of, and improve existing, 
     recreation settings and opportunities in the National Scenic 
     Area in a manner consistent with the purposes of the National 
     Scenic Area described in subparagraphs (A) through (E).
       (3) Administration.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall administer the National Scenic Area in 
     accordance with--
       (i) this subsection; and
       (ii) the laws (including regulations) generally applicable 
     to the National Forest System.
       (B) Exception.--Subject to valid existing rights, the 
     Secretary shall administer the Wilderness Areas in accordance 
     with the Wilderness Act (16 U.S.C. 1131 et seq.) and any 
     other laws applicable to the Wilderness Areas, except that 
     any reference in that Act to the effective date of that Act 
     shall be considered to be a reference to the date of 
     enactment of this Act for purposes of administering the 
     Wilderness Areas.
       (C) Effect; conflicts.--
       (i) Effect.--The establishment of the National Scenic Area 
     shall not affect the administration of the Wilderness Areas.
       (ii) Conflicts.--In the case of any conflict between the 
     laws applicable to the Wilderness Areas, the Wilderness Act 
     (16 U.S.C. 1131 et seq.) shall control.
       (D) No buffer zones.--
       (i) In general.--Nothing in this subsection creates a 
     protective perimeter or buffer zone around the National 
     Scenic Area or a Wilderness Area.
       (ii) Activities outside national scenic area or wilderness 
     areas.--The fact that an activity or use on land outside the 
     National Scenic Area or a Wilderness Area can be seen or 
     heard by humans within the National Scenic Area or Wilderness 
     Area shall not preclude the activity or use outside the 
     boundaries of the National Scenic Area or Wilderness Area.
       (4) Recreational uses.--
       (A) In general.--Except as otherwise provided in this 
     subsection or under applicable law, the Secretary shall 
     authorize the continuation of, or seek to improve, authorized 
     recreational uses of the National Scenic Area in existence on 
     the date of enactment of this Act.
       (B) Effect.--Nothing in this subsection interferes with the 
     authority of the Secretary--
       (i) to maintain or improve nonmotorized trails and 
     recreation sites within the National Scenic Area;
       (ii) to construct new nonmotorized trails and recreation 
     sites within the National Scenic Area;
       (iii) to adjust recreational uses within the National 
     Scenic Area for reasons of sound resource management or 
     public safety; and
       (iv) to evaluate applications for, and issue or deny, 
     special use authorizations in connection with recreation 
     within the National Scenic Area.
       (C) Requirement.--Recreation within the National Scenic 
     Area shall be conducted in a manner consistent with the 
     purposes of the National Scenic Area described in paragraph 
     (2).
       (5) National forest system trail plan.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a National 
     Forest System trail plan for National Forest System land in 
     the National Scenic Area that is

[[Page S5943]]

     not located in a Wilderness Area in order to construct, 
     maintain, and improve nonmotorized recreation National Forest 
     System trails in a manner consistent with the purposes of the 
     National Scenic Area described in paragraph (2).
       (B) Potential inclusion.--The Secretary may address in the 
     National Forest System trail plan developed under 
     subparagraph (A) National Forest System land that is near, 
     but not within the boundary of, the National Scenic Area.
       (C) Public input.--In developing the National Forest System 
     trail plan under subparagraph (A), the Secretary shall seek 
     input from interested parties, including members of the 
     public.
       (D) Requirements.--The National Forest System trail plan 
     developed under subparagraph (A) shall--
       (i) promote sustainable trail management that protects 
     natural resources and provides diverse, high-quality 
     recreation opportunities, which may include loop trails for 
     nonmotorized uses;
       (ii) consider natural resource protection, trail 
     sustainability, and trail maintenance needs as primary 
     factors in determining the location or relocation of National 
     Forest System trails; and
       (iii) develop a National Forest System trail outside the 
     Little River Wilderness Area in the area of the Tillman Road 
     corridor (along National Forest System road 101) to connect 
     the Wolf Ridge Trail parking area to the Wild Oak National 
     Recreation Trail, as generally depicted on the applicable map 
     filed under subsection (d)(1)(B), pending completion of the 
     required environmental analysis.
       (E) Implementation report.--Not later than 2 years after 
     the date of enactment of this Act, the Secretary shall submit 
     to Congress a report that describes the implementation of the 
     National Forest System trail plan developed under 
     subparagraph (A), including the identification of the 
     National Forest System trail described in subparagraph 
     (D)(iii) and any other priority National Forest System trails 
     identified for development.
       (6) Roads.--
       (A) In general.--The establishment of the National Scenic 
     Area shall not--
       (i) result in the closure of any National Forest System 
     roads, as generally depicted on the map filed under 
     subsection (d)(1)(A); or
       (ii) modify public access within the National Scenic Area.
       (B) No new roads.--No new roads shall be constructed in the 
     National Scenic Area after the date of enactment of this Act.
       (C) Effect.--Nothing in this subsection--
       (i) denies any owner of private land or an interest in 
     private land that is located within the National Scenic Area 
     the right to access the private land;
       (ii) alters the authority of the Secretary to open or close 
     roads in the National Scenic Area in existence on the date of 
     enactment of this Act in furtherance of the purposes of this 
     section; or
       (iii) alters the authority of the State--

       (I) to maintain the access road to the crest of Shenandoah 
     Mountain (Route 924); or
       (II) to realign the access road described in subclause (I) 
     if necessary for reasons of sound resource management or 
     public safety.

       (D) Parking areas.--
       (i) In general.--Subject to clause (ii), the 
     reconstruction, minor relocation, and construction of parking 
     areas and related facilities within the National Scenic Area 
     are authorized in a manner consistent with the purposes of 
     the National Scenic Area described in paragraph (2).
       (ii) Limitation.--Additional trailhead parking areas 
     authorized in the National Scenic Area under clause (i) may 
     be constructed only along National Forest System roads.
       (7) Motorized travel.--Motorized travel shall be allowed 
     only on roads within the portions of the National Scenic Area 
     that are not Wilderness Areas, in a manner consistent with 
     paragraph (6).
       (8) Water.--The Secretary shall administer the National 
     Scenic Area in a manner that maintains and enhances water 
     quality.
       (9) Water impoundments.--The establishment of the National 
     Scenic Area shall not prohibit--
       (A) the operation, maintenance, or improvement of, or 
     access to, dams, reservoirs, or related infrastructure in 
     existence on the date of enactment of this Act, as generally 
     depicted on the map filed under subsection (d)(1)(A); or
       (B) the establishment of new dams, reservoirs, or related 
     infrastructure if necessary for municipal use.
       (10) Timber harvest.--
       (A) In general.--Except as provided in subparagraph (B), no 
     harvesting of timber shall be allowed within the National 
     Scenic Area.
       (B) Exceptions.--
       (i) Necessary harvesting.--The Secretary may authorize 
     harvesting of timber in the National Scenic Area if the 
     Secretary determines that the harvesting is necessary--

       (I) to control fire;
       (II) to provide for public safety or trail access;
       (III) to construct or maintain overlooks and vistas; or
       (IV) to control insect or disease outbreaks.

       (ii) Firewood for personal use.--Firewood may be harvested 
     for personal use along roads within the National Scenic Area, 
     subject to any conditions that the Secretary may require.
       (11) Insect and disease outbreaks.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may carry out activities necessary to control insect and 
     disease outbreaks in a manner consistent with the purposes of 
     the National Scenic Area described in paragraph (2)--
       (i) to maintain scenic quality;
       (ii) to reduce hazards to visitors; or
       (iii) to protect National Forest System land or private 
     land.
       (B) Limitations.--For purposes of activities carried out 
     under subparagraph (A)--
       (i) native forest insect and disease outbreaks shall be 
     controlled only--

       (I) to prevent unacceptable damage to resources on adjacent 
     land; or
       (II) to protect threatened, endangered, sensitive, or 
     locally rare species, with biological control methods being 
     favored; and

       (ii) nonnative insects and diseases may be eradicated or 
     suppressed only in order to prevent a loss of a special 
     biological community.
       (12) Vegetation management.--The Secretary may engage in 
     vegetation management practices within the National Scenic 
     Area in a manner consistent with the purposes of the National 
     Scenic Area described in paragraph (2)--
       (A) to maintain wildlife clearings and scenic enhancements 
     in existence on the date of enactment of this Act; or
       (B) to construct not more than 100 acres of additional 
     wildlife clearings by--
       (i) expanding wildlife clearings in existence on the date 
     of enactment of this Act; or
       (ii) constructing new wildlife clearings of approximately 2 
     to 5 acres.
       (13) Wildfire suppression.--
       (A) In general.--Nothing in this subsection prohibits the 
     Secretary, in cooperation with other Federal, State, and 
     local agencies, as appropriate, from carrying out wildfire 
     suppression activities within the National Scenic Area.
       (B) Requirements.--Wildfire suppression activities within 
     the National Scenic Area shall be carried out--
       (i) in a manner consistent with the purposes of the 
     National Scenic Area described in paragraph (2); and
       (ii) using such means as the Secretary determines to be 
     appropriate.
       (14) Prescribed fire.--Nothing in this subsection prohibits 
     the Secretary from conducting prescribed burns and necessary 
     burn unit preparation within the National Scenic Area in a 
     manner consistent with the purposes of the National Scenic 
     Area described in paragraph (2).
       (15) Withdrawal.--
       (A) In general.--Subject to valid existing rights, all 
     Federal land within the National Scenic Area is withdrawn 
     from--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws;
       (iii) operation of the mineral leasing and geothermal 
     leasing laws;
       (iv) wind, solar, or other renewable energy development; 
     and
       (v) designation of new utility corridors, utility rights-
     of-way, or communications sites.
       (B) Effect.--Consistent with paragraph (6)(C)(i), the 
     withdrawal under subparagraph (A) shall not deny access to 
     private land or an interest in private land within the 
     National Scenic Area.
       (16) Management plan.--
       (A) In general.--As soon as practicable after the date of 
     the completion of the National Forest System trail plan under 
     paragraph (5), but not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop as an 
     amendment to the land management plan for the George 
     Washington and Jefferson National Forests a management plan 
     for the National Scenic Area that is consistent with this 
     subsection.
       (B) Effect.--Nothing in this paragraph requires the 
     Secretary to revise the land management plan for the George 
     Washington and Jefferson National Forests under section 6 of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1604).
       (c) Designation of Wilderness Areas.--Section 1 of Public 
     Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 
     2057; 123 Stat. 1002) is amended by adding at the end the 
     following:
       ``(21) Skidmore fork wilderness.--Certain National Forest 
     System land in the George Washington and Jefferson National 
     Forests comprising approximately 5,088 acres, as generally 
     depicted on the applicable map filed under section 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, which shall be known as the `Skidmore Fork 
     Wilderness'.
       ``(22) Ramseys draft wilderness addition.--Certain National 
     Forest System land in the George Washington and Jefferson 
     National Forests comprising approximately 6,961 acres, as 
     generally depicted on the applicable map filed under section 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, which shall be incorporated into the 
     Ramseys Draft Wilderness designated by Public Law 98-586 (16 
     U.S.C. 1132 note; 98 Stat. 3106).
       ``(23) Lynn hollow wilderness.--Certain National Forest 
     System land in the George Washington and Jefferson National 
     Forests comprising approximately 3,568 acres, as generally 
     depicted on the applicable map filed under section 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year

[[Page S5944]]

     2025, which shall be known as the `Lynn Hollow Wilderness'.
       ``(24) Little river wilderness.--Certain National Forest 
     System land in the George Washington and Jefferson National 
     Forests comprising approximately 12,461 acres, as generally 
     depicted on the applicable map filed under section 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, which shall be known as the `Little River 
     Wilderness'.
       ``(25) Beech lick knob wilderness.--Certain National Forest 
     System land in the George Washington and Jefferson National 
     Forests comprising approximately 5,779 acres, as generally 
     depicted on the applicable map filed under section 
     1095(d)(1)(B) of the National Defense Authorization Act for 
     Fiscal Year 2025, which shall be known as the `Beech Lick 
     Knob Wilderness'.''.
       (d) Maps and Boundary Descriptions.--
       (1) Filing.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file with the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate and the Committee on Natural Resources and the 
     Committee on Agriculture of the House of Representatives maps 
     and boundary descriptions of--
       (A) the National Scenic Area; and
       (B) each of the Wilderness Areas.
       (2) Force and effect.--The maps and boundary descriptions 
     filed under paragraph (1) shall have the same force and 
     effect as if included in this section, except that the 
     Secretary may correct clerical and typographical errors in 
     the maps and boundary descriptions.
       (3) Maps control.--In the case of any discrepancy between 
     the acreage of the National Scenic Area or a Wilderness Area 
     and the applicable map filed under paragraph (1), the 
     applicable map filed under that paragraph shall control.
       (4) Availability.--The maps and boundary descriptions filed 
     under paragraph (1) shall be on file and available for public 
     inspection in the office of the Chief of the Forest Service.
                                 ______
                                 
  SA 3242. Ms. COLLINS (for herself and Mr. King) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel 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 V, add the following:

     SEC. 545. REQUIREMENT TO UTILIZE STATE EXTREME RISK 
                   PROTECTION ORDER PROGRAMS.

       (a) Short Title.--This section may be cited as the ``Armed 
     Forces Crisis Intervention Notification Act''.
       (b) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a policy that--
       (1) requires each branch of the Armed Forces to fully 
     utilize any applicable State extreme risk protection order 
     program in the event a commanding officer determines that a 
     member of the Armed Forces under the commanding officer's 
     command is a covered individual for purposes of subsection 
     (c)(3); and
       (2) requires each branch of the Armed Forces to fully 
     participate in any judicial proceeding authorized under any 
     applicable State extreme risk protection order program to 
     impose, review, extend, modify, or terminate an extreme risk 
     protection order imposed on a current or former member of the 
     Armed Forces.
       (c) Definitions.--In this section:
       (1) Applicable state extreme risk protection order 
     program.--The term ``applicable State extreme risk protection 
     order program'' means an extreme risk protection order 
     program of a State in which a covered individual resides or 
     is physically present as part of such individual's military 
     service.
       (2) Armed forces.--The term ``Armed Forces'' means the 
     Army, Navy, Air Force, Marine Corps, and Space Force.
       (3) Covered individuals.--The term ``covered individual'' 
     means a member of the Armed Forces who--
       (A) has been determined by their commanding officer to be 
     unfit to carry or possess a firearm for the performance of 
     official duties due to the member making a serious, credible 
     threat of violence against one or more members of the Armed 
     Forces, another person, himself or herself, or a military 
     installation or facility; or
       (B) is described in section 922(g)(4) of title 18, United 
     States Code, to the extent such status is a basis for 
     initiation of proceedings under an applicable State extreme 
     risk protection order program.
       (4) Extreme risk protection order program.--The term 
     ``extreme risk protection order program'' means extreme risk 
     protection order program as described in section 
     501(a)(1)(I)(iv) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)(I)(iv)).
       (5) Fully participate in any judicial proceeding authorized 
     under any applicable state extreme risk protection order 
     program.--The term ``fully participate in any judicial 
     proceeding authorized under any applicable State extreme risk 
     protection order program'' means, in the case of a branch of 
     the Armed Forces, producing, upon the request of appropriate 
     judicial personnel or a party to the judicial proceeding, 
     evidence that may be relevant to the proceeding, 
     notwithstanding the privacy regulations promulgated under 
     section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and the 
     requirements of section 552a of title 5, United States Code 
     (commonly known as the ``Privacy Act of 1974'').
       (6) Fully utilize any applicable state extreme risk 
     protection order program.--The term ``fully utilize any 
     applicable State extreme risk protection order program'' 
     means, in the case of a branch of the Armed Forces, taking 
     the following steps:
       (A) Taking action, consistent with Federal law, available 
     to third parties under an applicable State extreme risk 
     protection order program.
       (B) Providing to appropriate law enforcement or judicial 
     personnel an accounting of the relevant material facts 
     related to a determination made pursuant to subsection 
     (b)(1), notwithstanding the privacy regulations promulgated 
     under section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and the 
     requirements of section 552a of title 5, United States Code 
     (commonly known as the ``Privacy Act of 1974'').
       (d) Guidelines and Policy.--The Secretary of Defense shall 
     establish policy to ensure that commanding officers and any 
     other relevant members of the Armed Forces are aware of the 
     requirements of this section, including any State extreme 
     risk protection order programs applicable to their commands, 
     and how to fulfill such requirements.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to circumvent, limit, or supersede the 
     applicability of any rules governing discovery in any 
     judicial proceeding authorized under any applicable State 
     extreme risk protection order program.
                                 ______
                                 
  SA 3243. 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)(1)(B), by inserting before the period 
     at the end the follow: ``, including through the use of 
     remote identification broadcast'';
       (E) 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'';
       (F) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively;
       (G) 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
       (H) in subsection (j), as redesignated by subparagraph 
     (F)--
       (i) in paragraph (1)--

       (I) by striking ``subsection (j)(3)(C)'' and inserting 
     ``subsection (k)(3)(C)''; and

[[Page S5945]]

       (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

       (I) 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 
     aircraft, unmanned aircraft system, or unmanned ground or 
     surface vehicle and any associated elements of such aircraft, 
     system, or vehicle, 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, 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.''.

                          ____________________